Bill Text: OH HB349 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To require an additional definite term of imprisonment of 5 to 10 years for an offender who is convicted of or pleads guilty to a felony offense of violence if the offender is convicted of or pleads guilty to a specification that the victim suffered permanent disabling harm and to establish a procedure for the Attorney General to award additional reparations to a claimant if a victim suffered catastrophic disabling harm from the injury sustained due to the criminal conduct giving rise to the claim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-10-06 - Committee Report - S [HB349 Detail]

Download: Ohio-2013-HB349-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 349

Representative Hackett 

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A BILL

To amend sections 2929.01, 2929.13, and 2929.14 and

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to enact section 2941.1424 of the Revised Code to

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require an additional definite term of

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imprisonment of 5 to 10 years for an offender who

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is convicted of or pleads guilty to a felony

5

offense of violence if the offender is convicted

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of or pleads guilty to a specification that the

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victim suffered permanent disabling harm.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2929.01, 2929.13, and 2929.14 be	9
amended and section 2941.1424 of the Revised Code be enacted to	10
read as follows:	11

Sec. 2929.01.  As used in this chapter:

12

(A)(1) "Alternative residential facility" means, subject to	13
division (A)(2) of this section, any facility other than an	14
offender's home or residence in which an offender is assigned to	15
live and that satisfies all of the following criteria:	16

(a) It provides programs through which the offender may seek	17
or maintain employment or may receive education, training,	18
treatment, or habilitation.	19

(b) It has received the appropriate license or certificate	20
for any specialized education, training, treatment, habilitation,	21
or other service that it provides from the government agency that	22
is responsible for licensing or certifying that type of education,	23
training, treatment, habilitation, or service.	24

(2) "Alternative residential facility" does not include a	25
community-based correctional facility, jail, halfway house, or	26
prison.	27

(B) "Basic probation supervision" means a requirement that	28
the offender maintain contact with a person appointed to supervise	29
the offender in accordance with sanctions imposed by the court or	30
imposed by the parole board pursuant to section 2967.28 of the	31
Revised Code. "Basic probation supervision" includes basic parole	32
supervision and basic post-release control supervision.	33

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	34
same meanings as in section 2925.01 of the Revised Code.	35

(D) "Community-based correctional facility" means a	36
community-based correctional facility and program or district	37
community-based correctional facility and program developed	38
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	39

(E) "Community control sanction" means a sanction that is not	40
a prison term and that is described in section 2929.15, 2929.16,	41
2929.17, or 2929.18 of the Revised Code or a sanction that is not	42
a jail term and that is described in section 2929.26, 2929.27, or	43
2929.28 of the Revised Code. "Community control sanction" includes	44
probation if the sentence involved was imposed for a felony that	45
was committed prior to July 1, 1996, or if the sentence involved	46
was imposed for a misdemeanor that was committed prior to January	47
1, 2004.	48

(F) "Controlled substance," "marihuana," "schedule I," and	49
"schedule II" have the same meanings as in section 3719.01 of the	50
Revised Code.	51

(G) "Curfew" means a requirement that an offender during a	52
specified period of time be at a designated place.	53

(H) "Day reporting" means a sanction pursuant to which an	54
offender is required each day to report to and leave a center or	55
other approved reporting location at specified times in order to	56
participate in work, education or training, treatment, and other	57
approved programs at the center or outside the center.	58

(I) "Deadly weapon" has the same meaning as in section	59
2923.11 of the Revised Code.	60

(J) "Drug and alcohol use monitoring" means a program under	61
which an offender agrees to submit to random chemical analysis of	62
the offender's blood, breath, or urine to determine whether the	63
offender has ingested any alcohol or other drugs.	64

(K) "Drug treatment program" means any program under which a	65
person undergoes assessment and treatment designed to reduce or	66
completely eliminate the person's physical or emotional reliance	67
upon alcohol, another drug, or alcohol and another drug and under	68
which the person may be required to receive assessment and	69
treatment on an outpatient basis or may be required to reside at a	70
facility other than the person's home or residence while	71
undergoing assessment and treatment.	72

(L) "Economic loss" means any economic detriment suffered by	73
a victim as a direct and proximate result of the commission of an	74
offense and includes any loss of income due to lost time at work	75
because of any injury caused to the victim, and any property loss,	76
medical cost, or funeral expense incurred as a result of the	77
commission of the offense. "Economic loss" does not include	78
non-economic loss or any punitive or exemplary damages.	79

(M) "Education or training" includes study at, or in	80
conjunction with a program offered by, a university, college, or	81
technical college or vocational study and also includes the	82
completion of primary school, secondary school, and literacy	83
curricula or their equivalent.	84

(N) "Firearm" has the same meaning as in section 2923.11 of	85
the Revised Code.	86

(O) "Halfway house" means a facility licensed by the division	87
of parole and community services of the department of	88
rehabilitation and correction pursuant to section 2967.14 of the	89
Revised Code as a suitable facility for the care and treatment of	90
adult offenders.	91

(P) "House arrest" means a period of confinement of an	92
offender that is in the offender's home or in other premises	93
specified by the sentencing court or by the parole board pursuant	94
to section 2967.28 of the Revised Code and during which all of the	95
following apply:	96

(1) The offender is required to remain in the offender's home	97
or other specified premises for the specified period of	98
confinement, except for periods of time during which the offender	99
is at the offender's place of employment or at other premises as	100
authorized by the sentencing court or by the parole board.	101

(2) The offender is required to report periodically to a	102
person designated by the court or parole board.	103

(3) The offender is subject to any other restrictions and	104
requirements that may be imposed by the sentencing court or by the	105
parole board.	106

(Q) "Intensive probation supervision" means a requirement	107
that an offender maintain frequent contact with a person appointed	108
by the court, or by the parole board pursuant to section 2967.28	109
of the Revised Code, to supervise the offender while the offender	110
is seeking or maintaining necessary employment and participating	111
in training, education, and treatment programs as required in the	112
court's or parole board's order. "Intensive probation supervision"	113
includes intensive parole supervision and intensive post-release	114
control supervision.	115

(R) "Jail" means a jail, workhouse, minimum security jail, or	116
other residential facility used for the confinement of alleged or	117
convicted offenders that is operated by a political subdivision or	118
a combination of political subdivisions of this state.	119

(S) "Jail term" means the term in a jail that a sentencing	120
court imposes or is authorized to impose pursuant to section	121
2929.24 or 2929.25 of the Revised Code or pursuant to any other	122
provision of the Revised Code that authorizes a term in a jail for	123
a misdemeanor conviction.	124

(T) "Mandatory jail term" means the term in a jail that a	125
sentencing court is required to impose pursuant to division (G) of	126
section 1547.99 of the Revised Code, division (E) of section	127
2903.06 or division (D) of section 2903.08 of the Revised Code,	128
division (E) or (G) of section 2929.24 of the Revised Code,	129
division (B) of section 4510.14 of the Revised Code, or division	130
(G) of section 4511.19 of the Revised Code or pursuant to any	131
other provision of the Revised Code that requires a term in a jail	132
for a misdemeanor conviction.	133

(U) "Delinquent child" has the same meaning as in section	134
2152.02 of the Revised Code.	135

(V) "License violation report" means a report that is made by	136
a sentencing court, or by the parole board pursuant to section	137
2967.28 of the Revised Code, to the regulatory or licensing board	138
or agency that issued an offender a professional license or a	139
license or permit to do business in this state and that specifies	140
that the offender has been convicted of or pleaded guilty to an	141
offense that may violate the conditions under which the offender's	142
professional license or license or permit to do business in this	143
state was granted or an offense for which the offender's	144
professional license or license or permit to do business in this	145
state may be revoked or suspended.	146

(W) "Major drug offender" means an offender who is convicted	147
of or pleads guilty to the possession of, sale of, or offer to	148
sell any drug, compound, mixture, preparation, or substance that	149
consists of or contains at least one thousand grams of hashish; at	150
least one hundred grams of cocaine; at least two thousand five	151
hundred unit doses or two hundred fifty grams of heroin; at least	152
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	153
in a liquid concentrate, liquid extract, or liquid distillate	154
form; at least fifty grams of a controlled substance analog; or at	155
least one hundred times the amount of any other schedule I or II	156
controlled substance other than marihuana that is necessary to	157
commit a felony of the third degree pursuant to section 2925.03,	158
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	159
the possession of, sale of, or offer to sell the controlled	160
substance.	161

(X) "Mandatory prison term" means any of the following:

162

(1) Subject to division (X)(2) of this section, the term in	163
prison that must be imposed for the offenses or circumstances set	164
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	165
2929.13 and division (B) of section 2929.14 of the Revised Code.	166
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	167
and 2925.11 of the Revised Code, unless the maximum or another	168
specific term is required under section 2929.14 or 2929.142 of the	169
Revised Code, a mandatory prison term described in this division	170
may be any prison term authorized for the level of offense.	171

(2) The term of sixty or one hundred twenty days in prison	172
that a sentencing court is required to impose for a third or	173
fourth degree felony OVI offense pursuant to division (G)(2) of	174
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	175
of the Revised Code or the term of one, two, three, four, or five	176
years in prison that a sentencing court is required to impose	177
pursuant to division (G)(2) of section 2929.13 of the Revised	178
Code.	179

(3) The term in prison imposed pursuant to division (A) of	180
section 2971.03 of the Revised Code for the offenses and in the	181
circumstances described in division (F)(11) of section 2929.13 of	182
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	183
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	184
2971.03 of the Revised Code and that term as modified or	185
terminated pursuant to section 2971.05 of the Revised Code.	186

(Y) "Monitored time" means a period of time during which an	187
offender continues to be under the control of the sentencing court	188
or parole board, subject to no conditions other than leading a	189
law-abiding life.	190

(Z) "Offender" means a person who, in this state, is	191
convicted of or pleads guilty to a felony or a misdemeanor.	192

(AA) "Prison" means a residential facility used for the	193
confinement of convicted felony offenders that is under the	194
control of the department of rehabilitation and correction but	195
does not include a violation sanction center operated under	196
authority of section 2967.141 of the Revised Code.	197

(BB) "Prison term" includes either of the following sanctions	198
for an offender:	199

(1) A stated prison term;

200

(2) A term in a prison shortened by, or with the approval of,	201
the sentencing court pursuant to section 2929.143, 2929.20,	202
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	203

(CC) "Repeat violent offender" means a person about whom both	204
of the following apply:	205

(1) The person is being sentenced for committing or for	206
complicity in committing any of the following:	207

(a) Aggravated murder, murder, any felony of the first or	208
second degree that is an offense of violence, or an attempt to	209
commit any of these offenses if the attempt is a felony of the	210
first or second degree;	211

(b) An offense under an existing or former law of this state,	212
another state, or the United States that is or was substantially	213
equivalent to an offense described in division (CC)(1)(a) of this	214
section.	215

(2) The person previously was convicted of or pleaded guilty	216
to an offense described in division (CC)(1)(a) or (b) of this	217
section.	218

(DD) "Sanction" means any penalty imposed upon an offender	219
who is convicted of or pleads guilty to an offense, as punishment	220
for the offense. "Sanction" includes any sanction imposed pursuant	221
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	222
2929.28 of the Revised Code.	223

(EE) "Sentence" means the sanction or combination of	224
sanctions imposed by the sentencing court on an offender who is	225
convicted of or pleads guilty to an offense.	226

(FF) "Stated prison term" means the prison term, mandatory	227
prison term, or combination of all prison terms and mandatory	228
prison terms imposed by the sentencing court pursuant to section	229
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	230
2919.25 of the Revised Code. "Stated prison term" includes any	231
credit received by the offender for time spent in jail awaiting	232
trial, sentencing, or transfer to prison for the offense and any	233
time spent under house arrest or house arrest with electronic	234
monitoring imposed after earning credits pursuant to section	235
2967.193 of the Revised Code. If an offender is serving a prison	236
term as a risk reduction sentence under sections 2929.143 and	237
5120.036 of the Revised Code, "stated prison term" includes any	238
period of time by which the prison term imposed upon the offender	239
is shortened by the offender's successful completion of all	240
assessment and treatment or programming pursuant to those	241
sections.	242

(GG) "Victim-offender mediation" means a reconciliation or	243
mediation program that involves an offender and the victim of the	244
offense committed by the offender and that includes a meeting in	245
which the offender and the victim may discuss the offense, discuss	246
restitution, and consider other sanctions for the offense.	247

(HH) "Fourth degree felony OVI offense" means a violation of	248
division (A) of section 4511.19 of the Revised Code that, under	249
division (G) of that section, is a felony of the fourth degree.	250

(II) "Mandatory term of local incarceration" means the term	251
of sixty or one hundred twenty days in a jail, a community-based	252
correctional facility, a halfway house, or an alternative	253
residential facility that a sentencing court may impose upon a	254
person who is convicted of or pleads guilty to a fourth degree	255
felony OVI offense pursuant to division (G)(1) of section 2929.13	256
of the Revised Code and division (G)(1)(d) or (e) of section	257
4511.19 of the Revised Code.	258

(JJ) "Designated homicide, assault, or kidnapping offense,"	259
"violent sex offense," "sexual motivation specification,"	260
"sexually violent offense," "sexually violent predator," and	261
"sexually violent predator specification" have the same meanings	262
as in section 2971.01 of the Revised Code.	263

(KK) "Sexually oriented offense," "child-victim oriented	264
offense," and "tier III sex offender/child-victim offender" have	265
the same meanings as in section 2950.01 of the Revised Code.	266

(LL) An offense is "committed in the vicinity of a child" if	267
the offender commits the offense within thirty feet of or within	268
the same residential unit as a child who is under eighteen years	269
of age, regardless of whether the offender knows the age of the	270
child or whether the offender knows the offense is being committed	271
within thirty feet of or within the same residential unit as the	272
child and regardless of whether the child actually views the	273
commission of the offense.	274

(MM) "Family or household member" has the same meaning as in	275
section 2919.25 of the Revised Code.	276

(NN) "Motor vehicle" and "manufactured home" have the same	277
meanings as in section 4501.01 of the Revised Code.	278

(OO) "Detention" and "detention facility" have the same	279
meanings as in section 2921.01 of the Revised Code.	280

(PP) "Third degree felony OVI offense" means a violation of	281
division (A) of section 4511.19 of the Revised Code that, under	282
division (G) of that section, is a felony of the third degree.	283

(QQ) "Random drug testing" has the same meaning as in section	284
5120.63 of the Revised Code.	285

(RR) "Felony sex offense" has the same meaning as in section	286
2967.28 of the Revised Code.	287

(SS) "Body armor" has the same meaning as in section	288
2941.1411 of the Revised Code.	289

(TT) "Electronic monitoring" means monitoring through the use	290
of an electronic monitoring device.	291

(UU) "Electronic monitoring device" means any of the	292
following:	293

(1) Any device that can be operated by electrical or battery	294
power and that conforms with all of the following:	295

(a) The device has a transmitter that can be attached to a	296
person, that will transmit a specified signal to a receiver of the	297
type described in division (UU)(1)(b) of this section if the	298
transmitter is removed from the person, turned off, or altered in	299
any manner without prior court approval in relation to electronic	300
monitoring or without prior approval of the department of	301
rehabilitation and correction in relation to the use of an	302
electronic monitoring device for an inmate on transitional control	303
or otherwise is tampered with, that can transmit continuously and	304
periodically a signal to that receiver when the person is within a	305
specified distance from the receiver, and that can transmit an	306
appropriate signal to that receiver if the person to whom it is	307
attached travels a specified distance from that receiver.	308

(b) The device has a receiver that can receive continuously	309
the signals transmitted by a transmitter of the type described in	310
division (UU)(1)(a) of this section, can transmit continuously	311
those signals by a wireless or landline telephone connection to a	312
central monitoring computer of the type described in division	313
(UU)(1)(c) of this section, and can transmit continuously an	314
appropriate signal to that central monitoring computer if the	315
device has been turned off or altered without prior court approval	316
or otherwise tampered with. The device is designed specifically	317
for use in electronic monitoring, is not a converted wireless	318
phone or another tracking device that is clearly not designed for	319
electronic monitoring, and provides a means of text-based or voice	320
communication with the person.	321

(c) The device has a central monitoring computer that can	322
receive continuously the signals transmitted by a wireless or	323
landline telephone connection by a receiver of the type described	324
in division (UU)(1)(b) of this section and can monitor	325
continuously the person to whom an electronic monitoring device of	326
the type described in division (UU)(1)(a) of this section is	327
attached.	328

(2) Any device that is not a device of the type described in	329
division (UU)(1) of this section and that conforms with all of the	330
following:	331

(a) The device includes a transmitter and receiver that can	332
monitor and determine the location of a subject person at any	333
time, or at a designated point in time, through the use of a	334
central monitoring computer or through other electronic means.	335

(b) The device includes a transmitter and receiver that can	336
determine at any time, or at a designated point in time, through	337
the use of a central monitoring computer or other electronic means	338
the fact that the transmitter is turned off or altered in any	339
manner without prior approval of the court in relation to the	340
electronic monitoring or without prior approval of the department	341
of rehabilitation and correction in relation to the use of an	342
electronic monitoring device for an inmate on transitional control	343
or otherwise is tampered with.	344

(3) Any type of technology that can adequately track or	345
determine the location of a subject person at any time and that is	346
approved by the director of rehabilitation and correction,	347
including, but not limited to, any satellite technology, voice	348
tracking system, or retinal scanning system that is so approved.	349

(VV) "Non-economic loss" means nonpecuniary harm suffered by	350
a victim of an offense as a result of or related to the commission	351
of the offense, including, but not limited to, pain and suffering;	352
loss of society, consortium, companionship, care, assistance,	353
attention, protection, advice, guidance, counsel, instruction,	354
training, or education; mental anguish; and any other intangible	355
loss.	356

(WW) "Prosecutor" has the same meaning as in section 2935.01	357
of the Revised Code.	358

(XX) "Continuous alcohol monitoring" means the ability to	359
automatically test and periodically transmit alcohol consumption	360
levels and tamper attempts at least every hour, regardless of the	361
location of the person who is being monitored.	362

(YY) A person is "adjudicated a sexually violent predator" if	363
the person is convicted of or pleads guilty to a violent sex	364
offense and also is convicted of or pleads guilty to a sexually	365
violent predator specification that was included in the	366
indictment, count in the indictment, or information charging that	367
violent sex offense or if the person is convicted of or pleads	368
guilty to a designated homicide, assault, or kidnapping offense	369
and also is convicted of or pleads guilty to both a sexual	370
motivation specification and a sexually violent predator	371
specification that were included in the indictment, count in the	372
indictment, or information charging that designated homicide,	373
assault, or kidnapping offense.	374

(ZZ) An offense is "committed in proximity to a school" if	375
the offender commits the offense in a school safety zone or within	376
five hundred feet of any school building or the boundaries of any	377
school premises, regardless of whether the offender knows the	378
offense is being committed in a school safety zone or within five	379
hundred feet of any school building or the boundaries of any	380
school premises.	381

(AAA) "Human trafficking" means a scheme or plan to which all	382
of the following apply:	383

(1) Its object is to subject a victim or victims to	384
involuntary servitude, as defined in section 2905.31 of the	385
Revised Code, to compel a victim or victims to engage in sexual	386
activity for hire, to engage in a performance that is obscene,	387
sexually oriented, or nudity oriented, or to be a model or	388
participant in the production of material that is obscene,	389
sexually oriented, or nudity oriented.	390

(2) It involves at least two felony offenses, whether or not	391
there has been a prior conviction for any of the felony offenses,	392
to which all of the following apply:	393

(a) Each of the felony offenses is a violation of section	394
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	395
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	396
(4), or (5) of section 2919.22 of the Revised Code or is a	397
violation of a law of any state other than this state that is	398
substantially similar to any of the sections or divisions of the	399
Revised Code identified in this division.	400

(b) At least one of the felony offenses was committed in this	401
state.	402

(c) The felony offenses are related to the same scheme or	403
plan and are not isolated instances.	404

(BBB) "Material," "nudity," "obscene," "performance," and	405
"sexual activity" have the same meanings as in section 2907.01 of	406
the Revised Code.	407

(CCC) "Material that is obscene, sexually oriented, or nudity	408
oriented" means any material that is obscene, that shows a person	409
participating or engaging in sexual activity, masturbation, or	410
bestiality, or that shows a person in a state of nudity.	411

(DDD) "Performance that is obscene, sexually oriented, or	412
nudity oriented" means any performance that is obscene, that shows	413
a person participating or engaging in sexual activity,	414
masturbation, or bestiality, or that shows a person in a state of	415
nudity.	416

(EEE) "Permanent disabling harm" means serious physical harm	417
that results in permanent injury to the intellectual, physical, or	418
sensory functions and that permanently and substantially impairs a	419
person's ability to meet the ordinary demands of life.	420

Sec. 2929.13.  (A) Except as provided in division (E), (F),	421
or (G) of this section and unless a specific sanction is required	422
to be imposed or is precluded from being imposed pursuant to law,	423
a court that imposes a sentence upon an offender for a felony may	424
impose any sanction or combination of sanctions on the offender	425
that are provided in sections 2929.14 to 2929.18 of the Revised	426
Code.	427

If the offender is eligible to be sentenced to community	428
control sanctions, the court shall consider the appropriateness of	429
imposing a financial sanction pursuant to section 2929.18 of the	430
Revised Code or a sanction of community service pursuant to	431
section 2929.17 of the Revised Code as the sole sanction for the	432
offense. Except as otherwise provided in this division, if the	433
court is required to impose a mandatory prison term for the	434
offense for which sentence is being imposed, the court also shall	435
impose any financial sanction pursuant to section 2929.18 of the	436
Revised Code that is required for the offense and may impose any	437
other financial sanction pursuant to that section but may not	438
impose any additional sanction or combination of sanctions under	439
section 2929.16 or 2929.17 of the Revised Code.	440

If the offender is being sentenced for a fourth degree felony	441
OVI offense or for a third degree felony OVI offense, in addition	442
to the mandatory term of local incarceration or the mandatory	443
prison term required for the offense by division (G)(1) or (2) of	444
this section, the court shall impose upon the offender a mandatory	445
fine in accordance with division (B)(3) of section 2929.18 of the	446
Revised Code and may impose whichever of the following is	447
applicable:	448

(1) For a fourth degree felony OVI offense for which sentence	449
is imposed under division (G)(1) of this section, an additional	450
community control sanction or combination of community control	451
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	452
the court imposes upon the offender a community control sanction	453
and the offender violates any condition of the community control	454
sanction, the court may take any action prescribed in division (B)	455
of section 2929.15 of the Revised Code relative to the offender,	456
including imposing a prison term on the offender pursuant to that	457
division.	458

(2) For a third or fourth degree felony OVI offense for which	459
sentence is imposed under division (G)(2) of this section, an	460
additional prison term as described in division (B)(4) of section	461
2929.14 of the Revised Code or a community control sanction as	462
described in division (G)(2) of this section.	463

(B)(1)(a) Except as provided in division (B)(1)(b) of this	464
section, if an offender is convicted of or pleads guilty to a	465
felony of the fourth or fifth degree that is not an offense of	466
violence or that is a qualifying assault offense, the court shall	467
sentence the offender to a community control sanction of at least	468
one year's duration if all of the following apply:	469

(i) The offender previously has not been convicted of or	470
pleaded guilty to a felony offense.	471

(ii) The most serious charge against the offender at the time	472
of sentencing is a felony of the fourth or fifth degree.	473

(iii) If the court made a request of the department of	474
rehabilitation and correction pursuant to division (B)(1)(c) of	475
this section, the department, within the forty-five-day period	476
specified in that division, provided the court with the names of,	477
contact information for, and program details of one or more	478
community control sanctions of at least one year's duration that	479
are available for persons sentenced by the court.	480

(iv) The offender previously has not been convicted of or	481
pleaded guilty to a misdemeanor offense of violence that the	482
offender committed within two years prior to the offense for which	483
sentence is being imposed.	484

(b) The court has discretion to impose a prison term upon an	485
offender who is convicted of or pleads guilty to a felony of the	486
fourth or fifth degree that is not an offense of violence or that	487
is a qualifying assault offense if any of the following apply:	488

(i) The offender committed the offense while having a firearm	489
on or about the offender's person or under the offender's control.	490

(ii) If the offense is a qualifying assault offense, the	491
offender caused serious physical harm to another person while	492
committing the offense, and, if the offense is not a qualifying	493
assault offense, the offender caused physical harm to another	494
person while committing the offense.	495

(iii) The offender violated a term of the conditions of bond	496
as set by the court.	497

(iv) The court made a request of the department of	498
rehabilitation and correction pursuant to division (B)(1)(c) of	499
this section, and the department, within the forty-five-day period	500
specified in that division, did not provide the court with the	501
name of, contact information for, and program details of any	502
community control sanction of at least one year's duration that is	503
available for persons sentenced by the court.	504

(v) The offense is a sex offense that is a fourth or fifth	505
degree felony violation of any provision of Chapter 2907. of the	506
Revised Code.	507

(vi) In committing the offense, the offender attempted to	508
cause or made an actual threat of physical harm to a person with a	509
deadly weapon.	510

(vii) In committing the offense, the offender attempted to	511
cause or made an actual threat of physical harm to a person, and	512
the offender previously was convicted of an offense that caused	513
physical harm to a person.	514

(viii) The offender held a public office or position of	515
trust, and the offense related to that office or position; the	516
offender's position obliged the offender to prevent the offense or	517
to bring those committing it to justice; or the offender's	518
professional reputation or position facilitated the offense or was	519
likely to influence the future conduct of others.	520

(ix) The offender committed the offense for hire or as part	521
of an organized criminal activity.	522

(x) The offender at the time of the offense was serving, or	523
the offender previously had served, a prison term.	524

(xi) The offender committed the offense while under a	525
community control sanction, while on probation, or while released	526
from custody on a bond or personal recognizance.	527

(c) If a court that is sentencing an offender who is	528
convicted of or pleads guilty to a felony of the fourth or fifth	529
degree that is not an offense of violence or that is a qualifying	530
assault offense believes that no community control sanctions are	531
available for its use that, if imposed on the offender, will	532
adequately fulfill the overriding principles and purposes of	533
sentencing, the court shall contact the department of	534
rehabilitation and correction and ask the department to provide	535
the court with the names of, contact information for, and program	536
details of one or more community control sanctions of at least one	537
year's duration that are available for persons sentenced by the	538
court. Not later than forty-five days after receipt of a request	539
from a court under this division, the department shall provide the	540
court with the names of, contact information for, and program	541
details of one or more community control sanctions of at least one	542
year's duration that are available for persons sentenced by the	543
court, if any. Upon making a request under this division that	544
relates to a particular offender, a court shall defer sentencing	545
of that offender until it receives from the department the names	546
of, contact information for, and program details of one or more	547
community control sanctions of at least one year's duration that	548
are available for persons sentenced by the court or for forty-five	549
days, whichever is the earlier.	550

If the department provides the court with the names of,	551
contact information for, and program details of one or more	552
community control sanctions of at least one year's duration that	553
are available for persons sentenced by the court within the	554
forty-five-day period specified in this division, the court shall	555
impose upon the offender a community control sanction under	556
division (B)(1)(a) of this section, except that the court may	557
impose a prison term under division (B)(1)(b) of this section if a	558
factor described in division (B)(1)(b)(i) or (ii) of this section	559
applies. If the department does not provide the court with the	560
names of, contact information for, and program details of one or	561
more community control sanctions of at least one year's duration	562
that are available for persons sentenced by the court within the	563
forty-five-day period specified in this division, the court may	564
impose upon the offender a prison term under division	565
(B)(1)(b)(iv) of this section.	566

(d) A sentencing court may impose an additional penalty under	567
division (B) of section 2929.15 of the Revised Code upon an	568
offender sentenced to a community control sanction under division	569
(B)(1)(a) of this section if the offender violates the conditions	570
of the community control sanction, violates a law, or leaves the	571
state without the permission of the court or the offender's	572
probation officer.	573

(2) If division (B)(1) of this section does not apply, except	574
as provided in division (E), (F), or (G) of this section, in	575
determining whether to impose a prison term as a sanction for a	576
felony of the fourth or fifth degree, the sentencing court shall	577
comply with the purposes and principles of sentencing under	578
section 2929.11 of the Revised Code and with section 2929.12 of	579
the Revised Code.	580

(C) Except as provided in division (D), (E), (F), or (G) of	581
this section, in determining whether to impose a prison term as a	582
sanction for a felony of the third degree or a felony drug offense	583
that is a violation of a provision of Chapter 2925. of the Revised	584
Code and that is specified as being subject to this division for	585
purposes of sentencing, the sentencing court shall comply with the	586
purposes and principles of sentencing under section 2929.11 of the	587
Revised Code and with section 2929.12 of the Revised Code.	588

(D)(1) Except as provided in division (E) or (F) of this	589
section, for a felony of the first or second degree, for a felony	590
drug offense that is a violation of any provision of Chapter	591
2925., 3719., or 4729. of the Revised Code for which a presumption	592
in favor of a prison term is specified as being applicable, and	593
for a violation of division (A)(4) or (B) of section 2907.05 of	594
the Revised Code for which a presumption in favor of a prison term	595
is specified as being applicable, it is presumed that a prison	596
term is necessary in order to comply with the purposes and	597
principles of sentencing under section 2929.11 of the Revised	598
Code. Division (D)(2) of this section does not apply to a	599
presumption established under this division for a violation of	600
division (A)(4) of section 2907.05 of the Revised Code.	601

(2) Notwithstanding the presumption established under	602
division (D)(1) of this section for the offenses listed in that	603
division other than a violation of division (A)(4) or (B) of	604
section 2907.05 of the Revised Code, the sentencing court may	605
impose a community control sanction or a combination of community	606
control sanctions instead of a prison term on an offender for a	607
felony of the first or second degree or for a felony drug offense	608
that is a violation of any provision of Chapter 2925., 3719., or	609
4729. of the Revised Code for which a presumption in favor of a	610
prison term is specified as being applicable if it makes both of	611
the following findings:	612

(a) A community control sanction or a combination of	613
community control sanctions would adequately punish the offender	614
and protect the public from future crime, because the applicable	615
factors under section 2929.12 of the Revised Code indicating a	616
lesser likelihood of recidivism outweigh the applicable factors	617
under that section indicating a greater likelihood of recidivism.	618

(b) A community control sanction or a combination of	619
community control sanctions would not demean the seriousness of	620
the offense, because one or more factors under section 2929.12 of	621
the Revised Code that indicate that the offender's conduct was	622
less serious than conduct normally constituting the offense are	623
applicable, and they outweigh the applicable factors under that	624
section that indicate that the offender's conduct was more serious	625
than conduct normally constituting the offense.	626

(E)(1) Except as provided in division (F) of this section,	627
for any drug offense that is a violation of any provision of	628
Chapter 2925. of the Revised Code and that is a felony of the	629
third, fourth, or fifth degree, the applicability of a presumption	630
under division (D) of this section in favor of a prison term or of	631
division (B) or (C) of this section in determining whether to	632
impose a prison term for the offense shall be determined as	633
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	634
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	635
Revised Code, whichever is applicable regarding the violation.	636

(2) If an offender who was convicted of or pleaded guilty to	637
a felony violates the conditions of a community control sanction	638
imposed for the offense solely by reason of producing positive	639
results on a drug test, the court, as punishment for the violation	640
of the sanction, shall not order that the offender be imprisoned	641
unless the court determines on the record either of the following:	642

(a) The offender had been ordered as a sanction for the	643
felony to participate in a drug treatment program, in a drug	644
education program, or in narcotics anonymous or a similar program,	645
and the offender continued to use illegal drugs after a reasonable	646
period of participation in the program.	647

(b) The imprisonment of the offender for the violation is	648
consistent with the purposes and principles of sentencing set	649
forth in section 2929.11 of the Revised Code.	650

(3) A court that sentences an offender for a drug abuse	651
offense that is a felony of the third, fourth, or fifth degree may	652
require that the offender be assessed by a properly credentialed	653
professional within a specified period of time. The court shall	654
require the professional to file a written assessment of the	655
offender with the court. If the offender is eligible for a	656
community control sanction and after considering the written	657
assessment, the court may impose a community control sanction that	658
includes treatment and recovery support services authorized by	659
section 3793.02 of the Revised Code. If the court imposes	660
treatment and recovery support services as a community control	661
sanction, the court shall direct the level and type of treatment	662
and recovery support services after considering the assessment and	663
recommendation of treatment and recovery support services	664
providers.	665

(F) Notwithstanding divisions (A) to (E) of this section, the	666
court shall impose a prison term or terms under sections 2929.02	667
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	668
of the Revised Code and except as specifically provided in section	669
2929.20, divisions (C) to (I) of section 2967.19, or section	670
2967.191 of the Revised Code or when parole is authorized for the	671
offense under section 2967.13 of the Revised Code shall not reduce	672
the term or terms pursuant to section 2929.20, section 2967.19,	673
section 2967.193, or any other provision of Chapter 2967. or	674
Chapter 5120. of the Revised Code for any of the following	675
offenses:	676

(1) Aggravated murder when death is not imposed or murder;

677

(2) Any rape, regardless of whether force was involved and	678
regardless of the age of the victim, or an attempt to commit rape	679
if, had the offender completed the rape that was attempted, the	680
offender would have been guilty of a violation of division	681
(A)(1)(b) of section 2907.02 of the Revised Code and would be	682
sentenced under section 2971.03 of the Revised Code;	683

(3) Gross sexual imposition or sexual battery, if the victim	684
is less than thirteen years of age and if any of the following	685
applies:	686

(a) Regarding gross sexual imposition, the offender	687
previously was convicted of or pleaded guilty to rape, the former	688
offense of felonious sexual penetration, gross sexual imposition,	689
or sexual battery, and the victim of the previous offense was less	690
than thirteen years of age;	691

(b) Regarding gross sexual imposition, the offense was	692
committed on or after August 3, 2006, and evidence other than the	693
testimony of the victim was admitted in the case corroborating the	694
violation.	695

(c) Regarding sexual battery, either of the following	696
applies:	697

(i) The offense was committed prior to August 3, 2006, the	698
offender previously was convicted of or pleaded guilty to rape,	699
the former offense of felonious sexual penetration, or sexual	700
battery, and the victim of the previous offense was less than	701
thirteen years of age.	702

(ii) The offense was committed on or after August 3, 2006.

703

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	704
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	705
if the section requires the imposition of a prison term;	706

(5) A first, second, or third degree felony drug offense for	707
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	708
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	709
4729.99 of the Revised Code, whichever is applicable regarding the	710
violation, requires the imposition of a mandatory prison term;	711

(6) Any offense that is a first or second degree felony and	712
that is not set forth in division (F)(1), (2), (3), or (4) of this	713
section, if the offender previously was convicted of or pleaded	714
guilty to aggravated murder, murder, any first or second degree	715
felony, or an offense under an existing or former law of this	716
state, another state, or the United States that is or was	717
substantially equivalent to one of those offenses;	718

(7) Any offense that is a third degree felony and either is a	719
violation of section 2903.04 of the Revised Code or an attempt to	720
commit a felony of the second degree that is an offense of	721
violence and involved an attempt to cause serious physical harm to	722
a person or that resulted in serious physical harm to a person if	723
the offender previously was convicted of or pleaded guilty to any	724
of the following offenses:	725

(a) Aggravated murder, murder, involuntary manslaughter,	726
rape, felonious sexual penetration as it existed under section	727
2907.12 of the Revised Code prior to September 3, 1996, a felony	728
of the first or second degree that resulted in the death of a	729
person or in physical harm to a person, or complicity in or an	730
attempt to commit any of those offenses;	731

(b) An offense under an existing or former law of this state,	732
another state, or the United States that is or was substantially	733
equivalent to an offense listed in division (F)(7)(a) of this	734
section that resulted in the death of a person or in physical harm	735
to a person.	736

(8) Any offense, other than a violation of section 2923.12 of	737
the Revised Code, that is a felony, if the offender had a firearm	738
on or about the offender's person or under the offender's control	739
while committing the felony, with respect to a portion of the	740
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	741
of the Revised Code for having the firearm;	742

(9) Any offense of violence that is a felony, if the offender	743
wore or carried body armor while committing the felony offense of	744
violence, with respect to the portion of the sentence imposed	745
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	746
Code for wearing or carrying the body armor;	747

(10) Corrupt activity in violation of section 2923.32 of the	748
Revised Code when the most serious offense in the pattern of	749
corrupt activity that is the basis of the offense is a felony of	750
the first degree;	751

(11) Any violent sex offense or designated homicide, assault,	752
or kidnapping offense if, in relation to that offense, the	753
offender is adjudicated a sexually violent predator;	754

(12) A violation of division (A)(1) or (2) of section 2921.36	755
of the Revised Code, or a violation of division (C) of that	756
section involving an item listed in division (A)(1) or (2) of that	757
section, if the offender is an officer or employee of the	758
department of rehabilitation and correction;	759

(13) A violation of division (A)(1) or (2) of section 2903.06	760
of the Revised Code if the victim of the offense is a peace	761
officer, as defined in section 2935.01 of the Revised Code, or an	762
investigator of the bureau of criminal identification and	763
investigation, as defined in section 2903.11 of the Revised Code,	764
with respect to the portion of the sentence imposed pursuant to	765
division (B)(5) of section 2929.14 of the Revised Code;	766

(14) A violation of division (A)(1) or (2) of section 2903.06	767
of the Revised Code if the offender has been convicted of or	768
pleaded guilty to three or more violations of division (A) or (B)	769
of section 4511.19 of the Revised Code or an equivalent offense,	770
as defined in section 2941.1415 of the Revised Code, or three or	771
more violations of any combination of those divisions and	772
offenses, with respect to the portion of the sentence imposed	773
pursuant to division (B)(6) of section 2929.14 of the Revised	774
Code;	775

(15) Kidnapping, in the circumstances specified in section	776
2971.03 of the Revised Code and when no other provision of	777
division (F) of this section applies;	778

(16) Kidnapping, abduction, compelling prostitution,	779
promoting prostitution, engaging in a pattern of corrupt activity,	780
illegal use of a minor in a nudity-oriented material or	781
performance in violation of division (A)(1) or (2) of section	782
2907.323 of the Revised Code, or endangering children in violation	783
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	784
the Revised Code, if the offender is convicted of or pleads guilty	785
to a specification as described in section 2941.1422 of the	786
Revised Code that was included in the indictment, count in the	787
indictment, or information charging the offense;	788

(17) A felony violation of division (A) or (B) of section	789
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	790
that section, and division (D)(6) of that section, require the	791
imposition of a prison term;	792

(18) A felony violation of section 2903.11, 2903.12, or	793
2903.13 of the Revised Code, if the victim of the offense was a	794
woman that the offender knew was pregnant at the time of the	795
violation, with respect to a portion of the sentence imposed	796
pursuant to division (B)(8) of section 2929.14 of the Revised	797
Code;	798

(19) Any offense of violence that is a felony, if the	799
offender is convicted of or pleads guilty to a specification as	800
described in section 2941.1424 of the Revised Code that was	801
included in the indictment, count in the indictment, or	802
information charging the offense.	803

(G) Notwithstanding divisions (A) to (E) of this section, if	804
an offender is being sentenced for a fourth degree felony OVI	805
offense or for a third degree felony OVI offense, the court shall	806
impose upon the offender a mandatory term of local incarceration	807
or a mandatory prison term in accordance with the following:	808

(1) If the offender is being sentenced for a fourth degree	809
felony OVI offense and if the offender has not been convicted of	810
and has not pleaded guilty to a specification of the type	811
described in section 2941.1413 of the Revised Code, the court may	812
impose upon the offender a mandatory term of local incarceration	813
of sixty days or one hundred twenty days as specified in division	814
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	815
not reduce the term pursuant to section 2929.20, 2967.193, or any	816
other provision of the Revised Code. The court that imposes a	817
mandatory term of local incarceration under this division shall	818
specify whether the term is to be served in a jail, a	819
community-based correctional facility, a halfway house, or an	820
alternative residential facility, and the offender shall serve the	821
term in the type of facility specified by the court. A mandatory	822
term of local incarceration imposed under division (G)(1) of this	823
section is not subject to any other Revised Code provision that	824
pertains to a prison term except as provided in division (A)(1) of	825
this section.	826

(2) If the offender is being sentenced for a third degree	827
felony OVI offense, or if the offender is being sentenced for a	828
fourth degree felony OVI offense and the court does not impose a	829
mandatory term of local incarceration under division (G)(1) of	830
this section, the court shall impose upon the offender a mandatory	831
prison term of one, two, three, four, or five years if the	832
offender also is convicted of or also pleads guilty to a	833
specification of the type described in section 2941.1413 of the	834
Revised Code or shall impose upon the offender a mandatory prison	835
term of sixty days or one hundred twenty days as specified in	836
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	837
if the offender has not been convicted of and has not pleaded	838
guilty to a specification of that type. Subject to divisions (C)	839
to (I) of section 2967.19 of the Revised Code, the court shall not	840
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	841
any other provision of the Revised Code. The offender shall serve	842
the one-, two-, three-, four-, or five-year mandatory prison term	843
consecutively to and prior to the prison term imposed for the	844
underlying offense and consecutively to any other mandatory prison	845
term imposed in relation to the offense. In no case shall an	846
offender who once has been sentenced to a mandatory term of local	847
incarceration pursuant to division (G)(1) of this section for a	848
fourth degree felony OVI offense be sentenced to another mandatory	849
term of local incarceration under that division for any violation	850
of division (A) of section 4511.19 of the Revised Code. In	851
addition to the mandatory prison term described in division (G)(2)	852
of this section, the court may sentence the offender to a	853
community control sanction under section 2929.16 or 2929.17 of the	854
Revised Code, but the offender shall serve the prison term prior	855
to serving the community control sanction. The department of	856
rehabilitation and correction may place an offender sentenced to a	857
mandatory prison term under this division in an intensive program	858
prison established pursuant to section 5120.033 of the Revised	859
Code if the department gave the sentencing judge prior notice of	860
its intent to place the offender in an intensive program prison	861
established under that section and if the judge did not notify the	862
department that the judge disapproved the placement. Upon the	863
establishment of the initial intensive program prison pursuant to	864
section 5120.033 of the Revised Code that is privately operated	865
and managed by a contractor pursuant to a contract entered into	866
under section 9.06 of the Revised Code, both of the following	867
apply:	868

(a) The department of rehabilitation and correction shall	869
make a reasonable effort to ensure that a sufficient number of	870
offenders sentenced to a mandatory prison term under this division	871
are placed in the privately operated and managed prison so that	872
the privately operated and managed prison has full occupancy.	873

(b) Unless the privately operated and managed prison has full	874
occupancy, the department of rehabilitation and correction shall	875
not place any offender sentenced to a mandatory prison term under	876
this division in any intensive program prison established pursuant	877
to section 5120.033 of the Revised Code other than the privately	878
operated and managed prison.	879

(H) If an offender is being sentenced for a sexually oriented	880
offense or child-victim oriented offense that is a felony	881
committed on or after January 1, 1997, the judge shall require the	882
offender to submit to a DNA specimen collection procedure pursuant	883
to section 2901.07 of the Revised Code.	884

(I) If an offender is being sentenced for a sexually oriented	885
offense or a child-victim oriented offense committed on or after	886
January 1, 1997, the judge shall include in the sentence a summary	887
of the offender's duties imposed under sections 2950.04, 2950.041,	888
2950.05, and 2950.06 of the Revised Code and the duration of the	889
duties. The judge shall inform the offender, at the time of	890
sentencing, of those duties and of their duration. If required	891
under division (A)(2) of section 2950.03 of the Revised Code, the	892
judge shall perform the duties specified in that section, or, if	893
required under division (A)(6) of section 2950.03 of the Revised	894
Code, the judge shall perform the duties specified in that	895
division.	896

(J)(1) Except as provided in division (J)(2) of this section,	897
when considering sentencing factors under this section in relation	898
to an offender who is convicted of or pleads guilty to an attempt	899
to commit an offense in violation of section 2923.02 of the	900
Revised Code, the sentencing court shall consider the factors	901
applicable to the felony category of the violation of section	902
2923.02 of the Revised Code instead of the factors applicable to	903
the felony category of the offense attempted.	904

(2) When considering sentencing factors under this section in	905
relation to an offender who is convicted of or pleads guilty to an	906
attempt to commit a drug abuse offense for which the penalty is	907
determined by the amount or number of unit doses of the controlled	908
substance involved in the drug abuse offense, the sentencing court	909
shall consider the factors applicable to the felony category that	910
the drug abuse offense attempted would be if that drug abuse	911
offense had been committed and had involved an amount or number of	912
unit doses of the controlled substance that is within the next	913
lower range of controlled substance amounts than was involved in	914
the attempt.	915

(K) As used in this section:

916

(1) "Drug abuse offense" has the same meaning as in section	917
2925.01 of the Revised Code.	918

(2) "Qualifying assault offense" means a violation of section	919
2903.13 of the Revised Code for which the penalty provision in	920
division (C)(8)(b) or (C)(9)(b) of that section applies.	921

(L) At the time of sentencing an offender for any sexually	922
oriented offense, if the offender is a tier III sex	923
offender/child-victim offender relative to that offense and the	924
offender does not serve a prison term or jail term, the court may	925
require that the offender be monitored by means of a global	926
positioning device. If the court requires such monitoring, the	927
cost of monitoring shall be borne by the offender. If the offender	928
is indigent, the cost of compliance shall be paid by the crime	929
victims reparations fund.	930

Sec. 2929.14.  (A) Except as provided in division (B)(1),	931
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),	932
(E), (G), (H), or (J) of this section or in division (D)(6) of	933
section 2919.25 of the Revised Code and except in relation to an	934
offense for which a sentence of death or life imprisonment is to	935
be imposed, if the court imposing a sentence upon an offender for	936
a felony elects or is required to impose a prison term on the	937
offender pursuant to this chapter, the court shall impose a	938
definite prison term that shall be one of the following:	939

(1) For a felony of the first degree, the prison term shall	940
be three, four, five, six, seven, eight, nine, ten, or eleven	941
years.	942

(2) For a felony of the second degree, the prison term shall	943
be two, three, four, five, six, seven, or eight years.	944

(3)(a) For a felony of the third degree that is a violation	945
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	946
Revised Code or that is a violation of section 2911.02 or 2911.12	947
of the Revised Code if the offender previously has been convicted	948
of or pleaded guilty in two or more separate proceedings to two or	949
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	950
of the Revised Code, the prison term shall be twelve, eighteen,	951
twenty-four, thirty, thirty-six, forty-two, forty-eight,	952
fifty-four, or sixty months.	953

(b) For a felony of the third degree that is not an offense	954
for which division (A)(3)(a) of this section applies, the prison	955
term shall be nine, twelve, eighteen, twenty-four, thirty, or	956
thirty-six months.	957

(4) For a felony of the fourth degree, the prison term shall	958
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	959
fourteen, fifteen, sixteen, seventeen, or eighteen months.	960

(5) For a felony of the fifth degree, the prison term shall	961
be six, seven, eight, nine, ten, eleven, or twelve months.	962

(B)(1)(a) Except as provided in division (B)(1)(e) of this	963
section, if an offender who is convicted of or pleads guilty to a	964
felony also is convicted of or pleads guilty to a specification of	965
the type described in section 2941.141, 2941.144, or 2941.145 of	966
the Revised Code, the court shall impose on the offender one of	967
the following prison terms:	968

(i) A prison term of six years if the specification is of the	969
type described in section 2941.144 of the Revised Code that	970
charges the offender with having a firearm that is an automatic	971
firearm or that was equipped with a firearm muffler or silencer on	972
or about the offender's person or under the offender's control	973
while committing the felony;	974

(ii) A prison term of three years if the specification is of	975
the type described in section 2941.145 of the Revised Code that	976
charges the offender with having a firearm on or about the	977
offender's person or under the offender's control while committing	978
the offense and displaying the firearm, brandishing the firearm,	979
indicating that the offender possessed the firearm, or using it to	980
facilitate the offense;	981

(iii) A prison term of one year if the specification is of	982
the type described in section 2941.141 of the Revised Code that	983
charges the offender with having a firearm on or about the	984
offender's person or under the offender's control while committing	985
the felony.	986

(b) If a court imposes a prison term on an offender under	987
division (B)(1)(a) of this section, the prison term shall not be	988
reduced pursuant to section 2967.19, section 2929.20, section	989
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	990
of the Revised Code. Except as provided in division (B)(1)(g) of	991
this section, a court shall not impose more than one prison term	992
on an offender under division (B)(1)(a) of this section for	993
felonies committed as part of the same act or transaction.	994

(c) Except as provided in division (B)(1)(e) of this section,	995
if an offender who is convicted of or pleads guilty to a violation	996
of section 2923.161 of the Revised Code or to a felony that	997
includes, as an essential element, purposely or knowingly causing	998
or attempting to cause the death of or physical harm to another,	999
also is convicted of or pleads guilty to a specification of the	1000
type described in section 2941.146 of the Revised Code that	1001
charges the offender with committing the offense by discharging a	1002
firearm from a motor vehicle other than a manufactured home, the	1003
court, after imposing a prison term on the offender for the	1004
violation of section 2923.161 of the Revised Code or for the other	1005
felony offense under division (A), (B)(2), or (B)(3) of this	1006
section, shall impose an additional prison term of five years upon	1007
the offender that shall not be reduced pursuant to section	1008
2929.20, section 2967.19, section 2967.193, or any other provision	1009
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	1010
shall not impose more than one additional prison term on an	1011
offender under division (B)(1)(c) of this section for felonies	1012
committed as part of the same act or transaction. If a court	1013
imposes an additional prison term on an offender under division	1014
(B)(1)(c) of this section relative to an offense, the court also	1015
shall impose a prison term under division (B)(1)(a) of this	1016
section relative to the same offense, provided the criteria	1017
specified in that division for imposing an additional prison term	1018
are satisfied relative to the offender and the offense.	1019

(d) If an offender who is convicted of or pleads guilty to an	1020
offense of violence that is a felony also is convicted of or	1021
pleads guilty to a specification of the type described in section	1022
2941.1411 of the Revised Code that charges the offender with	1023
wearing or carrying body armor while committing the felony offense	1024
of violence, the court shall impose on the offender a prison term	1025
of two years. The prison term so imposed, subject to divisions (C)	1026
to (I) of section 2967.19 of the Revised Code, shall not be	1027
reduced pursuant to section 2929.20, section 2967.19, section	1028
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1029
of the Revised Code. A court shall not impose more than one prison	1030
term on an offender under division (B)(1)(d) of this section for	1031
felonies committed as part of the same act or transaction. If a	1032
court imposes an additional prison term under division (B)(1)(a)	1033
or (c) of this section, the court is not precluded from imposing	1034
an additional prison term under division (B)(1)(d) of this	1035
section.	1036

(e) The court shall not impose any of the prison terms	1037
described in division (B)(1)(a) of this section or any of the	1038
additional prison terms described in division (B)(1)(c) of this	1039
section upon an offender for a violation of section 2923.12 or	1040
2923.123 of the Revised Code. The court shall not impose any of	1041
the prison terms described in division (B)(1)(a) or (b) of this	1042
section upon an offender for a violation of section 2923.122 that	1043
involves a deadly weapon that is a firearm other than a dangerous	1044
ordnance, section 2923.16, or section 2923.121 of the Revised	1045
Code. The court shall not impose any of the prison terms described	1046
in division (B)(1)(a) of this section or any of the additional	1047
prison terms described in division (B)(1)(c) of this section upon	1048
an offender for a violation of section 2923.13 of the Revised Code	1049
unless all of the following apply:	1050

(i) The offender previously has been convicted of aggravated	1051
murder, murder, or any felony of the first or second degree.	1052

(ii) Less than five years have passed since the offender was	1053
released from prison or post-release control, whichever is later,	1054
for the prior offense.	1055

(f) If an offender is convicted of or pleads guilty to a	1056
felony that includes, as an essential element, causing or	1057
attempting to cause the death of or physical harm to another and	1058
also is convicted of or pleads guilty to a specification of the	1059
type described in section 2941.1412 of the Revised Code that	1060
charges the offender with committing the offense by discharging a	1061
firearm at a peace officer as defined in section 2935.01 of the	1062
Revised Code or a corrections officer, as defined in section	1063
2941.1412 of the Revised Code, the court, after imposing a prison	1064
term on the offender for the felony offense under division (A),	1065
(B)(2), or (B)(3) of this section, shall impose an additional	1066
prison term of seven years upon the offender that shall not be	1067
reduced pursuant to section 2929.20, section 2967.19, section	1068
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1069
of the Revised Code. If an offender is convicted of or pleads	1070
guilty to two or more felonies that include, as an essential	1071
element, causing or attempting to cause the death or physical harm	1072
to another and also is convicted of or pleads guilty to a	1073
specification of the type described under division (B)(1)(f) of	1074
this section in connection with two or more of the felonies of	1075
which the offender is convicted or to which the offender pleads	1076
guilty, the sentencing court shall impose on the offender the	1077
prison term specified under division (B)(1)(f) of this section for	1078
each of two of the specifications of which the offender is	1079
convicted or to which the offender pleads guilty and, in its	1080
discretion, also may impose on the offender the prison term	1081
specified under that division for any or all of the remaining	1082
specifications. If a court imposes an additional prison term on an	1083
offender under division (B)(1)(f) of this section relative to an	1084
offense, the court shall not impose a prison term under division	1085
(B)(1)(a) or (c) of this section relative to the same offense.	1086

(g) If an offender is convicted of or pleads guilty to two or	1087
more felonies, if one or more of those felonies are aggravated	1088
murder, murder, attempted aggravated murder, attempted murder,	1089
aggravated robbery, felonious assault, or rape, and if the	1090
offender is convicted of or pleads guilty to a specification of	1091
the type described under division (B)(1)(a) of this section in	1092
connection with two or more of the felonies, the sentencing court	1093
shall impose on the offender the prison term specified under	1094
division (B)(1)(a) of this section for each of the two most	1095
serious specifications of which the offender is convicted or to	1096
which the offender pleads guilty and, in its discretion, also may	1097
impose on the offender the prison term specified under that	1098
division for any or all of the remaining specifications.	1099

(2)(a) If division (B)(2)(b) of this section does not apply,	1100
the court may impose on an offender, in addition to the longest	1101
prison term authorized or required for the offense, an additional	1102
definite prison term of one, two, three, four, five, six, seven,	1103
eight, nine, or ten years if all of the following criteria are	1104
met:	1105

(i) The offender is convicted of or pleads guilty to a	1106
specification of the type described in section 2941.149 of the	1107
Revised Code that the offender is a repeat violent offender.	1108

(ii) The offense of which the offender currently is convicted	1109
or to which the offender currently pleads guilty is aggravated	1110
murder and the court does not impose a sentence of death or life	1111
imprisonment without parole, murder, terrorism and the court does	1112
not impose a sentence of life imprisonment without parole, any	1113
felony of the first degree that is an offense of violence and the	1114
court does not impose a sentence of life imprisonment without	1115
parole, or any felony of the second degree that is an offense of	1116
violence and the trier of fact finds that the offense involved an	1117
attempt to cause or a threat to cause serious physical harm to a	1118
person or resulted in serious physical harm to a person.	1119

(iii) The court imposes the longest prison term for the	1120
offense that is not life imprisonment without parole.	1121

(iv) The court finds that the prison terms imposed pursuant	1122
to division (B)(2)(a)(iii) of this section and, if applicable,	1123
division (B)(1) or (3) of this section are inadequate to punish	1124
the offender and protect the public from future crime, because the	1125
applicable factors under section 2929.12 of the Revised Code	1126
indicating a greater likelihood of recidivism outweigh the	1127
applicable factors under that section indicating a lesser	1128
likelihood of recidivism.	1129

(v) The court finds that the prison terms imposed pursuant to	1130
division (B)(2)(a)(iii) of this section and, if applicable,	1131
division (B)(1) or (3) of this section are demeaning to the	1132
seriousness of the offense, because one or more of the factors	1133
under section 2929.12 of the Revised Code indicating that the	1134
offender's conduct is more serious than conduct normally	1135
constituting the offense are present, and they outweigh the	1136
applicable factors under that section indicating that the	1137
offender's conduct is less serious than conduct normally	1138
constituting the offense.	1139

(b) The court shall impose on an offender the longest prison	1140
term authorized or required for the offense and shall impose on	1141
the offender an additional definite prison term of one, two,	1142
three, four, five, six, seven, eight, nine, or ten years if all of	1143
the following criteria are met:	1144

(i) The offender is convicted of or pleads guilty to a	1145
specification of the type described in section 2941.149 of the	1146
Revised Code that the offender is a repeat violent offender.	1147

(ii) The offender within the preceding twenty years has been	1148
convicted of or pleaded guilty to three or more offenses described	1149
in division (CC)(1) of section 2929.01 of the Revised Code,	1150
including all offenses described in that division of which the	1151
offender is convicted or to which the offender pleads guilty in	1152
the current prosecution and all offenses described in that	1153
division of which the offender previously has been convicted or to	1154
which the offender previously pleaded guilty, whether prosecuted	1155
together or separately.	1156

(iii) The offense or offenses of which the offender currently	1157
is convicted or to which the offender currently pleads guilty is	1158
aggravated murder and the court does not impose a sentence of	1159
death or life imprisonment without parole, murder, terrorism and	1160
the court does not impose a sentence of life imprisonment without	1161
parole, any felony of the first degree that is an offense of	1162
violence and the court does not impose a sentence of life	1163
imprisonment without parole, or any felony of the second degree	1164
that is an offense of violence and the trier of fact finds that	1165
the offense involved an attempt to cause or a threat to cause	1166
serious physical harm to a person or resulted in serious physical	1167
harm to a person.	1168

(c) For purposes of division (B)(2)(b) of this section, two	1169
or more offenses committed at the same time or as part of the same	1170
act or event shall be considered one offense, and that one offense	1171
shall be the offense with the greatest penalty.	1172

(d) A sentence imposed under division (B)(2)(a) or (b) of	1173
this section shall not be reduced pursuant to section 2929.20,	1174
section 2967.19, or section 2967.193, or any other provision of	1175
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	1176
shall serve an additional prison term imposed under this section	1177
consecutively to and prior to the prison term imposed for the	1178
underlying offense.	1179

(e) When imposing a sentence pursuant to division (B)(2)(a)	1180
or (b) of this section, the court shall state its findings	1181
explaining the imposed sentence.	1182

(3) Except when an offender commits a violation of section	1183
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1184
the violation is life imprisonment or commits a violation of	1185
section 2903.02 of the Revised Code, if the offender commits a	1186
violation of section 2925.03 or 2925.11 of the Revised Code and	1187
that section classifies the offender as a major drug offender, if	1188
the offender commits a felony violation of section 2925.02,	1189
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1190
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1191
division (C) of section 4729.51, or division (J) of section	1192
4729.54 of the Revised Code that includes the sale, offer to sell,	1193
or possession of a schedule I or II controlled substance, with the	1194
exception of marihuana, and the court imposing sentence upon the	1195
offender finds that the offender is guilty of a specification of	1196
the type described in section 2941.1410 of the Revised Code	1197
charging that the offender is a major drug offender, if the court	1198
imposing sentence upon an offender for a felony finds that the	1199
offender is guilty of corrupt activity with the most serious	1200
offense in the pattern of corrupt activity being a felony of the	1201
first degree, or if the offender is guilty of an attempted	1202
violation of section 2907.02 of the Revised Code and, had the	1203
offender completed the violation of section 2907.02 of the Revised	1204
Code that was attempted, the offender would have been subject to a	1205
sentence of life imprisonment or life imprisonment without parole	1206
for the violation of section 2907.02 of the Revised Code, the	1207
court shall impose upon the offender for the felony violation a	1208
mandatory prison term of the maximum prison term prescribed for a	1209
felony of the first degree that, subject to divisions (C) to (I)	1210
of section 2967.19 of the Revised Code, cannot be reduced pursuant	1211
to section 2929.20, section 2967.19, or any other provision of	1212
Chapter 2967. or 5120. of the Revised Code.	1213

(4) If the offender is being sentenced for a third or fourth	1214
degree felony OVI offense under division (G)(2) of section 2929.13	1215
of the Revised Code, the sentencing court shall impose upon the	1216
offender a mandatory prison term in accordance with that division.	1217
In addition to the mandatory prison term, if the offender is being	1218
sentenced for a fourth degree felony OVI offense, the court,	1219
notwithstanding division (A)(4) of this section, may sentence the	1220
offender to a definite prison term of not less than six months and	1221
not more than thirty months, and if the offender is being	1222
sentenced for a third degree felony OVI offense, the sentencing	1223
court may sentence the offender to an additional prison term of	1224
any duration specified in division (A)(3) of this section. In	1225
either case, the additional prison term imposed shall be reduced	1226
by the sixty or one hundred twenty days imposed upon the offender	1227
as the mandatory prison term. The total of the additional prison	1228
term imposed under division (B)(4) of this section plus the sixty	1229
or one hundred twenty days imposed as the mandatory prison term	1230
shall equal a definite term in the range of six months to thirty	1231
months for a fourth degree felony OVI offense and shall equal one	1232
of the authorized prison terms specified in division (A)(3) of	1233
this section for a third degree felony OVI offense. If the court	1234
imposes an additional prison term under division (B)(4) of this	1235
section, the offender shall serve the additional prison term after	1236
the offender has served the mandatory prison term required for the	1237
offense. In addition to the mandatory prison term or mandatory and	1238
additional prison term imposed as described in division (B)(4) of	1239
this section, the court also may sentence the offender to a	1240
community control sanction under section 2929.16 or 2929.17 of the	1241
Revised Code, but the offender shall serve all of the prison terms	1242
so imposed prior to serving the community control sanction.	1243

If the offender is being sentenced for a fourth degree felony	1244
OVI offense under division (G)(1) of section 2929.13 of the	1245
Revised Code and the court imposes a mandatory term of local	1246
incarceration, the court may impose a prison term as described in	1247
division (A)(1) of that section.	1248

(5) If an offender is convicted of or pleads guilty to a	1249
violation of division (A)(1) or (2) of section 2903.06 of the	1250
Revised Code and also is convicted of or pleads guilty to a	1251
specification of the type described in section 2941.1414 of the	1252
Revised Code that charges that the victim of the offense is a	1253
peace officer, as defined in section 2935.01 of the Revised Code,	1254
or an investigator of the bureau of criminal identification and	1255
investigation, as defined in section 2903.11 of the Revised Code,	1256
the court shall impose on the offender a prison term of five	1257
years. If a court imposes a prison term on an offender under	1258
division (B)(5) of this section, the prison term, subject to	1259
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	1260
not be reduced pursuant to section 2929.20, section 2967.19,	1261
section 2967.193, or any other provision of Chapter 2967. or	1262
Chapter 5120. of the Revised Code. A court shall not impose more	1263
than one prison term on an offender under division (B)(5) of this	1264
section for felonies committed as part of the same act.	1265

(6) If an offender is convicted of or pleads guilty to a	1266
violation of division (A)(1) or (2) of section 2903.06 of the	1267
Revised Code and also is convicted of or pleads guilty to a	1268
specification of the type described in section 2941.1415 of the	1269
Revised Code that charges that the offender previously has been	1270
convicted of or pleaded guilty to three or more violations of	1271
division (A) or (B) of section 4511.19 of the Revised Code or an	1272
equivalent offense, as defined in section 2941.1415 of the Revised	1273
Code, or three or more violations of any combination of those	1274
divisions and offenses, the court shall impose on the offender a	1275
prison term of three years. If a court imposes a prison term on an	1276
offender under division (B)(6) of this section, the prison term,	1277
subject to divisions (C) to (I) of section 2967.19 of the Revised	1278
Code, shall not be reduced pursuant to section 2929.20, section	1279
2967.19, section 2967.193, or any other provision of Chapter 2967.	1280
or Chapter 5120. of the Revised Code. A court shall not impose	1281
more than one prison term on an offender under division (B)(6) of	1282
this section for felonies committed as part of the same act.	1283

(7)(a) If an offender is convicted of or pleads guilty to a	1284
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	1285
2923.32, division (A)(1) or (2) of section 2907.323, or division	1286
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	1287
Code and also is convicted of or pleads guilty to a specification	1288
of the type described in section 2941.1422 of the Revised Code	1289
that charges that the offender knowingly committed the offense in	1290
furtherance of human trafficking, the court shall impose on the	1291
offender a mandatory prison term that is one of the following:	1292

(i) If the offense is a felony of the first degree, a	1293
definite prison term of not less than five years and not greater	1294
than ten years;	1295

(ii) If the offense is a felony of the second or third	1296
degree, a definite prison term of not less than three years and	1297
not greater than the maximum prison term allowed for the offense	1298
by division (A) of section 2929.14 of the Revised Code;	1299

(iii) If the offense is a felony of the fourth or fifth	1300
degree, a definite prison term that is the maximum prison term	1301
allowed for the offense by division (A) of section 2929.14 of the	1302
Revised Code.	1303

(b) Subject to divisions (C) to (I) of section 2967.19 of the	1304
Revised Code, the prison term imposed under division (B)(7)(a) of	1305
this section shall not be reduced pursuant to section 2929.20,	1306
section 2967.19, section 2967.193, or any other provision of	1307
Chapter 2967. of the Revised Code. A court shall not impose more	1308
than one prison term on an offender under division (B)(7)(a) of	1309
this section for felonies committed as part of the same act,	1310
scheme, or plan.	1311

(8) If an offender is convicted of or pleads guilty to a	1312
felony violation of section 2903.11, 2903.12, or 2903.13 of the	1313
Revised Code and also is convicted of or pleads guilty to a	1314
specification of the type described in section 2941.1423 of the	1315
Revised Code that charges that the victim of the violation was a	1316
woman whom the offender knew was pregnant at the time of the	1317
violation, notwithstanding the range of prison terms prescribed in	1318
division (A) of this section for felonies of the same degree as	1319
the violation, the court shall impose on the offender a mandatory	1320
prison term that is either a definite prison term of six months or	1321
one of the prison terms prescribed in section 2929.14 of the	1322
Revised Code for felonies of the same degree as the violation.	1323

(9) If an offender is convicted of or pleads guilty to a	1324
felony offense of violence and also is convicted of or pleads	1325
guilty to a specification of the type described in section	1326
2941.1424 of the Revised Code that charges that the victim of the	1327
offense suffered permanent disabling harm as a result of the	1328
offense, the court shall impose upon the offender an additional	1329
definite prison term of five, six, seven, eight, nine, or ten	1330
years. A prison term imposed upon an offender under division	1331
(B)(9) of this section shall not be reduced pursuant to section	1332
2929.20, section 2967.193, or any other provision of Chapter 2967.	1333
or Chapter 5120. of the Revised Code.	1334

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	1335
mandatory prison term is imposed upon an offender pursuant to	1336
division (B)(1)(a) of this section for having a firearm on or	1337
about the offender's person or under the offender's control while	1338
committing a felony, if a mandatory prison term is imposed upon an	1339
offender pursuant to division (B)(1)(c) of this section for	1340
committing a felony specified in that division by discharging a	1341
firearm from a motor vehicle, or if both types of mandatory prison	1342
terms are imposed, the offender shall serve any mandatory prison	1343
term imposed under either division consecutively to any other	1344
mandatory prison term imposed under either division or under	1345
division (B)(1)(d) of this section, consecutively to and prior to	1346
any prison term imposed for the underlying felony pursuant to	1347
division (A), (B)(2), or (B)(3) of this section or any other	1348
section of the Revised Code, and consecutively to any other prison	1349
term or mandatory prison term previously or subsequently imposed	1350
upon the offender.	1351

(b) If a mandatory prison term is imposed upon an offender	1352
pursuant to division (B)(1)(d) of this section for wearing or	1353
carrying body armor while committing an offense of violence that	1354
is a felony, the offender shall serve the mandatory term so	1355
imposed consecutively to any other mandatory prison term imposed	1356
under that division or under division (B)(1)(a) or (c) of this	1357
section, consecutively to and prior to any prison term imposed for	1358
the underlying felony under division (A), (B)(2), or (B)(3) of	1359
this section or any other section of the Revised Code, and	1360
consecutively to any other prison term or mandatory prison term	1361
previously or subsequently imposed upon the offender.	1362

(c) If a mandatory prison term is imposed upon an offender	1363
pursuant to division (B)(1)(f) of this section, the offender shall	1364
serve the mandatory prison term so imposed consecutively to and	1365
prior to any prison term imposed for the underlying felony under	1366
division (A), (B)(2), or (B)(3) of this section or any other	1367
section of the Revised Code, and consecutively to any other prison	1368
term or mandatory prison term previously or subsequently imposed	1369
upon the offender.	1370

(d) If a mandatory prison term is imposed upon an offender	1371
pursuant to division (B)(7) or (8) of this section, the offender	1372
shall serve the mandatory prison term so imposed consecutively to	1373
any other mandatory prison term imposed under that division or	1374
under any other provision of law and consecutively to any other	1375
prison term or mandatory prison term previously or subsequently	1376
imposed upon the offender.	1377

(2) If an offender who is an inmate in a jail, prison, or	1378
other residential detention facility violates section 2917.02,	1379
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	1380
of section 2921.34 of the Revised Code, if an offender who is	1381
under detention at a detention facility commits a felony violation	1382
of section 2923.131 of the Revised Code, or if an offender who is	1383
an inmate in a jail, prison, or other residential detention	1384
facility or is under detention at a detention facility commits	1385
another felony while the offender is an escapee in violation of	1386
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	1387
prison term imposed upon the offender for one of those violations	1388
shall be served by the offender consecutively to the prison term	1389
or term of imprisonment the offender was serving when the offender	1390
committed that offense and to any other prison term previously or	1391
subsequently imposed upon the offender.	1392

(3) If a prison term is imposed for a violation of division	1393
(B) of section 2911.01 of the Revised Code, a violation of	1394
division (A) of section 2913.02 of the Revised Code in which the	1395
stolen property is a firearm or dangerous ordnance, or a felony	1396
violation of division (B) of section 2921.331 of the Revised Code,	1397
the offender shall serve that prison term consecutively to any	1398
other prison term or mandatory prison term previously or	1399
subsequently imposed upon the offender.	1400

(4) If multiple prison terms are imposed on an offender for	1401
convictions of multiple offenses, the court may require the	1402
offender to serve the prison terms consecutively if the court	1403
finds that the consecutive service is necessary to protect the	1404
public from future crime or to punish the offender and that	1405
consecutive sentences are not disproportionate to the seriousness	1406
of the offender's conduct and to the danger the offender poses to	1407
the public, and if the court also finds any of the following:	1408

(a) The offender committed one or more of the multiple	1409
offenses while the offender was awaiting trial or sentencing, was	1410
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1411
2929.18 of the Revised Code, or was under post-release control for	1412
a prior offense.	1413

(b) At least two of the multiple offenses were committed as	1414
part of one or more courses of conduct, and the harm caused by two	1415
or more of the multiple offenses so committed was so great or	1416
unusual that no single prison term for any of the offenses	1417
committed as part of any of the courses of conduct adequately	1418
reflects the seriousness of the offender's conduct.	1419

(c) The offender's history of criminal conduct demonstrates	1420
that consecutive sentences are necessary to protect the public	1421
from future crime by the offender.	1422

(5) If a mandatory prison term is imposed upon an offender	1423
pursuant to division (B)(5) or (6) of this section, the offender	1424
shall serve the mandatory prison term consecutively to and prior	1425
to any prison term imposed for the underlying violation of	1426
division (A)(1) or (2) of section 2903.06 of the Revised Code	1427
pursuant to division (A) of this section or section 2929.142 of	1428
the Revised Code. If a mandatory prison term is imposed upon an	1429
offender pursuant to division (B)(5) of this section, and if a	1430
mandatory prison term also is imposed upon the offender pursuant	1431
to division (B)(6) of this section in relation to the same	1432
violation, the offender shall serve the mandatory prison term	1433
imposed pursuant to division (B)(5) of this section consecutively	1434
to and prior to the mandatory prison term imposed pursuant to	1435
division (B)(6) of this section and consecutively to and prior to	1436
any prison term imposed for the underlying violation of division	1437
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	1438
division (A) of this section or section 2929.142 of the Revised	1439
Code.	1440

(6) If a mandatory prison term is imposed upon an offender	1441
pursuant to division (B)(9) of this section, the offender shall	1442
serve that mandatory prison term consecutively to and prior to any	1443
prison term imposed for the underlying violation of an offense of	1444
violence and consecutively to and prior to any other prison term	1445
or mandatory prison term previously or subsequently imposed upon	1446
the offender.	1447

(7) When consecutive prison terms are imposed pursuant to	1448
division (C)(1), (2), (3), (4), or (5), or (6) or division (H)(1)	1449
or (2) of this section, the term to be served is the aggregate of	1450
all of the terms so imposed.	1451

(D)(1) If a court imposes a prison term for a felony of the	1452
first degree, for a felony of the second degree, for a felony sex	1453
offense, or for a felony of the third degree that is not a felony	1454
sex offense and in the commission of which the offender caused or	1455
threatened to cause physical harm to a person, it shall include in	1456
the sentence a requirement that the offender be subject to a	1457
period of post-release control after the offender's release from	1458
imprisonment, in accordance with that division. If a court imposes	1459
a sentence including a prison term of a type described in this	1460
division on or after July 11, 2006, the failure of a court to	1461
include a post-release control requirement in the sentence	1462
pursuant to this division does not negate, limit, or otherwise	1463
affect the mandatory period of post-release control that is	1464
required for the offender under division (B) of section 2967.28 of	1465
the Revised Code. Section 2929.191 of the Revised Code applies if,	1466
prior to July 11, 2006, a court imposed a sentence including a	1467
prison term of a type described in this division and failed to	1468
include in the sentence pursuant to this division a statement	1469
regarding post-release control.	1470

(2) If a court imposes a prison term for a felony of the	1471
third, fourth, or fifth degree that is not subject to division	1472
(D)(1) of this section, it shall include in the sentence a	1473
requirement that the offender be subject to a period of	1474
post-release control after the offender's release from	1475
imprisonment, in accordance with that division, if the parole	1476
board determines that a period of post-release control is	1477
necessary. Section 2929.191 of the Revised Code applies if, prior	1478
to July 11, 2006, a court imposed a sentence including a prison	1479
term of a type described in this division and failed to include in	1480
the sentence pursuant to this division a statement regarding	1481
post-release control.	1482

(E) The court shall impose sentence upon the offender in	1483
accordance with section 2971.03 of the Revised Code, and Chapter	1484
2971. of the Revised Code applies regarding the prison term or	1485
term of life imprisonment without parole imposed upon the offender	1486
and the service of that term of imprisonment if any of the	1487
following apply:	1488

(1) A person is convicted of or pleads guilty to a violent	1489
sex offense or a designated homicide, assault, or kidnapping	1490
offense, and, in relation to that offense, the offender is	1491
adjudicated a sexually violent predator.	1492

(2) A person is convicted of or pleads guilty to a violation	1493
of division (A)(1)(b) of section 2907.02 of the Revised Code	1494
committed on or after January 2, 2007, and either the court does	1495
not impose a sentence of life without parole when authorized	1496
pursuant to division (B) of section 2907.02 of the Revised Code,	1497
or division (B) of section 2907.02 of the Revised Code provides	1498
that the court shall not sentence the offender pursuant to section	1499
2971.03 of the Revised Code.	1500

(3) A person is convicted of or pleads guilty to attempted	1501
rape committed on or after January 2, 2007, and a specification of	1502
the type described in section 2941.1418, 2941.1419, or 2941.1420	1503
of the Revised Code.	1504

(4) A person is convicted of or pleads guilty to a violation	1505
of section 2905.01 of the Revised Code committed on or after	1506
January 1, 2008, and that section requires the court to sentence	1507
the offender pursuant to section 2971.03 of the Revised Code.	1508

(5) A person is convicted of or pleads guilty to aggravated	1509
murder committed on or after January 1, 2008, and division	1510
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	1511
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	1512
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	1513
2929.06 of the Revised Code requires the court to sentence the	1514
offender pursuant to division (B)(3) of section 2971.03 of the	1515
Revised Code.	1516

(6) A person is convicted of or pleads guilty to murder	1517
committed on or after January 1, 2008, and division (B)(2) of	1518
section 2929.02 of the Revised Code requires the court to sentence	1519
the offender pursuant to section 2971.03 of the Revised Code.	1520

(F) If a person who has been convicted of or pleaded guilty	1521
to a felony is sentenced to a prison term or term of imprisonment	1522
under this section, sections 2929.02 to 2929.06 of the Revised	1523
Code, section 2929.142 of the Revised Code, section 2971.03 of the	1524
Revised Code, or any other provision of law, section 5120.163 of	1525
the Revised Code applies regarding the person while the person is	1526
confined in a state correctional institution.	1527

(G) If an offender who is convicted of or pleads guilty to a	1528
felony that is an offense of violence also is convicted of or	1529
pleads guilty to a specification of the type described in section	1530
2941.142 of the Revised Code that charges the offender with having	1531
committed the felony while participating in a criminal gang, the	1532
court shall impose upon the offender an additional prison term of	1533
one, two, or three years.	1534

(H)(1) If an offender who is convicted of or pleads guilty to	1535
aggravated murder, murder, or a felony of the first, second, or	1536
third degree that is an offense of violence also is convicted of	1537
or pleads guilty to a specification of the type described in	1538
section 2941.143 of the Revised Code that charges the offender	1539
with having committed the offense in a school safety zone or	1540
towards a person in a school safety zone, the court shall impose	1541
upon the offender an additional prison term of two years. The	1542
offender shall serve the additional two years consecutively to and	1543
prior to the prison term imposed for the underlying offense.	1544

(2)(a) If an offender is convicted of or pleads guilty to a	1545
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1546
of the Revised Code and to a specification of the type described	1547
in section 2941.1421 of the Revised Code and if the court imposes	1548
a prison term on the offender for the felony violation, the court	1549
may impose upon the offender an additional prison term as follows:	1550

(i) Subject to division (H)(2)(a)(ii) of this section, an	1551
additional prison term of one, two, three, four, five, or six	1552
months;	1553

(ii) If the offender previously has been convicted of or	1554
pleaded guilty to one or more felony or misdemeanor violations of	1555
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1556
Revised Code and also was convicted of or pleaded guilty to a	1557
specification of the type described in section 2941.1421 of the	1558
Revised Code regarding one or more of those violations, an	1559
additional prison term of one, two, three, four, five, six, seven,	1560
eight, nine, ten, eleven, or twelve months.	1561

(b) In lieu of imposing an additional prison term under	1562
division (H)(2)(a) of this section, the court may directly impose	1563
on the offender a sanction that requires the offender to wear a	1564
real-time processing, continual tracking electronic monitoring	1565
device during the period of time specified by the court. The	1566
period of time specified by the court shall equal the duration of	1567
an additional prison term that the court could have imposed upon	1568
the offender under division (H)(2)(a) of this section. A sanction	1569
imposed under this division shall commence on the date specified	1570
by the court, provided that the sanction shall not commence until	1571
after the offender has served the prison term imposed for the	1572
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1573
of the Revised Code and any residential sanction imposed for the	1574
violation under section 2929.16 of the Revised Code. A sanction	1575
imposed under this division shall be considered to be a community	1576
control sanction for purposes of section 2929.15 of the Revised	1577
Code, and all provisions of the Revised Code that pertain to	1578
community control sanctions shall apply to a sanction imposed	1579
under this division, except to the extent that they would by their	1580
nature be clearly inapplicable. The offender shall pay all costs	1581
associated with a sanction imposed under this division, including	1582
the cost of the use of the monitoring device.	1583

(I) At the time of sentencing, the court may recommend the	1584
offender for placement in a program of shock incarceration under	1585
section 5120.031 of the Revised Code or for placement in an	1586
intensive program prison under section 5120.032 of the Revised	1587
Code, disapprove placement of the offender in a program of shock	1588
incarceration or an intensive program prison of that nature, or	1589
make no recommendation on placement of the offender. In no case	1590
shall the department of rehabilitation and correction place the	1591
offender in a program or prison of that nature unless the	1592
department determines as specified in section 5120.031 or 5120.032	1593
of the Revised Code, whichever is applicable, that the offender is	1594
eligible for the placement.	1595

If the court disapproves placement of the offender in a	1596
program or prison of that nature, the department of rehabilitation	1597
and correction shall not place the offender in any program of	1598
shock incarceration or intensive program prison.	1599

If the court recommends placement of the offender in a	1600
program of shock incarceration or in an intensive program prison,	1601
and if the offender is subsequently placed in the recommended	1602
program or prison, the department shall notify the court of the	1603
placement and shall include with the notice a brief description of	1604
the placement.	1605

If the court recommends placement of the offender in a	1606
program of shock incarceration or in an intensive program prison	1607
and the department does not subsequently place the offender in the	1608
recommended program or prison, the department shall send a notice	1609
to the court indicating why the offender was not placed in the	1610
recommended program or prison.	1611

If the court does not make a recommendation under this	1612
division with respect to an offender and if the department	1613
determines as specified in section 5120.031 or 5120.032 of the	1614
Revised Code, whichever is applicable, that the offender is	1615
eligible for placement in a program or prison of that nature, the	1616
department shall screen the offender and determine if there is an	1617
available program of shock incarceration or an intensive program	1618
prison for which the offender is suited. If there is an available	1619
program of shock incarceration or an intensive program prison for	1620
which the offender is suited, the department shall notify the	1621
court of the proposed placement of the offender as specified in	1622
section 5120.031 or 5120.032 of the Revised Code and shall include	1623
with the notice a brief description of the placement. The court	1624
shall have ten days from receipt of the notice to disapprove the	1625
placement.	1626

(J) If a person is convicted of or pleads guilty to	1627
aggravated vehicular homicide in violation of division (A)(1) of	1628
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1629
section applies, the person shall be sentenced pursuant to section	1630
2929.142 of the Revised Code.	1631

Sec. 2941.1424. (A) Imposition of a mandatory prison term of	1632
five, six, seven, eight, nine, or ten years upon an offender under	1633
division (B)(9) of section 2929.14 of the Revised Code is	1634
precluded unless the offender is convicted of or pleads guilty to	1635
a felony offense of violence and unless the indictment, count in	1636
the indictment, or information charging the offense specifies that	1637
the victim of the offense suffered permanent disabling harm as a	1638
result of the offense. The specification shall be stated at the	1639
end of the body of the indictment, count, or information and shall	1640
be stated in substantially the following form:	1641

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1642
Grand Jurors (or insert the person's or the prosecuting attorney's	1643
name when appropriate) further find and specify that (set forth	1644
that the victim of the offense suffered permanent disabling harm	1645
as a result of the offense)."	1646

Section 2. That existing sections 2929.01, 2929.13, and	1647
2929.14 of the Revised Code are hereby repealed.	1648

Section 3. This act shall be known as "Destiny's Law."

1649