Bill Text: OH HB646 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To change the sentence for aggravated murder that is committed purposely and with prior calculation.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-10-22 - To Judiciary [HB646 Detail]

Download: Ohio-2013-HB646-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 646

Representative Maag 

Cosponsors: Representatives Adams, R., Becker, Henne 

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A BILL

To amend sections 2929.03, 2929.04, 2929.06, 2929.14,

1

2941.148, 2971.03, 2971.07, and 5120.61 of the

2

Revised Code to change the sentence for aggravated

3

murder that is committed purposely and with prior

4

calculation.

5

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

Section 1.  That sections 2929.03, 2929.04, 2929.06, 2929.14,	6
2941.148, 2971.03, 2971.07, and 5120.61 of the Revised Code be	7
amended to read as follows:	8

Sec. 2929.03.  (A) If the indictment or count in the	9
indictment charging aggravated murder does not contain one or more	10
specifications of aggravating circumstances listed in division (A)	11
of section 2929.04 of the Revised Code, then, following a verdict	12
of guilty of the charge of aggravated murder, the trial court	13
shall impose sentence on the offender as follows:	14

(1) Except as provided in division (A)(2) or (3) of this	15
section, the trial court shall impose one of the following	16
sentences on the offender:	17

(a) Life imprisonment without parole;

18

(b) Subject to division (A)(1)(e)(g) of this section, life	19
imprisonment with parole eligibility after serving twenty	20
twenty-five years of imprisonment;	21

(c) Subject to division (A)(1)(e)(g) of this section, life	22
imprisonment with parole eligibility after serving twenty-five	23
thirty full years of imprisonment;	24

(d) Subject to division (A)(1)(e)(g) of this section, life	25
imprisonment with parole eligibility after serving thirty	26
thirty-five full years of imprisonment;	27

(e) IfSubject to division (A)(1)(g) of this section, life	28
imprisonment with parole eligibility after serving forty-five full	29
years of imprisonment;	30

(f) Subject to division (A)(1)(g) of this section, life	31
imprisonment with parole eligibility after serving fifty-five full	32
years of imprisonment;	33

(g) If the victim of the aggravated murder was less than	34
thirteen years of age, the offender also is convicted of or pleads	35
guilty to a sexual motivation specification that was included in	36
the indictment, count in the indictment, or information charging	37
the offense, and the trial court does not impose a sentence of	38
life imprisonment without parole on the offender pursuant to	39
division (A)(1)(a) of this section, the trial court shall sentence	40
the offender pursuant to division (B)(3) of section 2971.03 of the	41
Revised Code to an indefinite term consisting of a minimum term of	42
thirty years and a maximum term of life imprisonment that shall be	43
served pursuant to that section.	44

(2) If the offender also is convicted of or pleads guilty to	45
a sexual motivation specification and a sexually violent predator	46
specification that are included in the indictment, count in the	47
indictment, or information that charged the aggravated murder, the	48
trial court shall impose upon the offender a sentence of life	49
imprisonment without parole that shall be served pursuant to	50
section 2971.03 of the Revised Code unless the offender raised the	51
matter of age pursuant to section 2929.023 of the Revised Code and	52
was found at trial not to have been eighteen years of age or older	53
at the time of the commission of the offense.	54

(3) If the offender is convicted of a violation of division	55
(A) of section 2903.01 of the Revised Code, the trial court shall	56
impose a sentence of death or life imprisonment without parole,	57
unless the offender raised the matter of age pursuant to section	58
2929.023 of the Revised Code and was found at trial not to have	59
been eighteen years of age or older at the time of the commission	60
of the offense.	61

(B) If the indictment or count in the indictment charging	62
aggravated murder contains one or more specifications of	63
aggravating circumstances listed in division (A) of section	64
2929.04 of the Revised Code, the verdict shall separately state	65
whether the accused is found guilty or not guilty of the principal	66
charge and, if guilty of the principal charge, whether the	67
offender was eighteen years of age or older at the time of the	68
commission of the offense, if the matter of age was raised by the	69
offender pursuant to section 2929.023 of the Revised Code, and	70
whether the offender is guilty or not guilty of each	71
specification. The jury shall be instructed on its duties in this	72
regard. The instruction to the jury shall include an instruction	73
that a specification shall be proved beyond a reasonable doubt in	74
order to support a guilty verdict on the specification, but the	75
instruction shall not mention the penalty that may be the	76
consequence of a guilty or not guilty verdict on any charge or	77
specification.	78

(C)(1) If the indictment or count in the indictment charging	79
aggravated murder contains one or more specifications of	80
aggravating circumstances listed in division (A) of section	81
2929.04 of the Revised Code, then, following a verdict of guilty	82
of the charge but not guilty of each of the specifications, and	83
regardless of whether the offender raised the matter of age	84
pursuant to section 2929.023 of the Revised Code, the trial court	85
shall impose sentence on the offender as follows:	86

(a) Except as provided in division (C)(1)(b) or (c) of this	87
section, the trial court shall impose one of the following	88
sentences on the offender:	89

(i) Life imprisonment without parole;

90

(ii) Subject to division (C)(1)(a)(v)(vii) of this section,	91
life imprisonment with parole eligibility after serving twenty	92
twenty-five years of imprisonment;	93

(iii) Subject to division (C)(1)(a)(v)(vii) of this section,	94
life imprisonment with parole eligibility after serving	95
twenty-fivethirty full years of imprisonment;	96

(iv) Subject to division (C)(1)(a)(v)(vii) of this section,	97
life imprisonment with parole eligibility after serving thirty	98
thirty-five full years of imprisonment;	99

(v) IfSubject to division (C)(1)(a)(vii) of this section,	100
life imprisonment with parole eligibility after serving forty-five	101
full years of imprisonment;	102

(vi) Subject to division (C)(1)(a)(vii) of this section, life	103
imprisonment with parole eligibility after serving fifty-five full	104
years of imprisonment;	105

(vii) If the victim of the aggravated murder was less than	106
thirteen years of age, the offender also is convicted of or pleads	107
guilty to a sexual motivation specification that was included in	108
the indictment, count in the indictment, or information charging	109
the offense, and the trial court does not impose a sentence of	110
life imprisonment without parole on the offender pursuant to	111
division (C)(1)(a)(i) of this section, the trial court shall	112
sentence the offender pursuant to division (B)(3) of section	113
2971.03 of the Revised Code to an indefinite term consisting of a	114
minimum term of thirty years and a maximum term of life	115
imprisonment.	116

(b) If the offender also is convicted of or pleads guilty to	117
a sexual motivation specification and a sexually violent predator	118
specification that are included in the indictment, count in the	119
indictment, or information that charged the aggravated murder, the	120
trial court shall impose upon the offender a sentence of life	121
imprisonment without parole that shall be served pursuant to	122
section 2971.03 of the Revised Code unless the offender raised the	123
matter of age pursuant to section 2929.023 of the Revised Code and	124
was found at trial not to have been eighteen years of age or older	125
at the time of the commission of the offense.	126

(c) If the offender is convicted of a violation of division	127
(A) of section 2903.01 of the Revised Code, the trial court shall	128
impose a sentence of death or life imprisonment without parole	129
unless the offender raised the matter of age and was found at	130
trial not to have been eighteen years of age or older at the time	131
of the commission of the offense.	132

(2)(a) If the indictment or count in the indictment contains	133
one or more specifications of aggravating circumstances listed in	134
division (A) of section 2929.04 of the Revised Code and if the	135
offender is found guilty of both the charge and one or more of the	136
specifications, the penalty to be imposed on the offender shall be	137
one of the following:	138

(i) Except as provided in division (C)(2)(a)(ii) or, (iii),	139
or (iv) of this section, the penalty to be imposed on the offender	140
shall be death, life imprisonment without parole, life	141
imprisonment with parole eligibility after serving twenty-five	142
thirty full years of imprisonment, or life imprisonment with	143
parole eligibility after serving thirtythirty-five full years of	144
imprisonment, life imprisonment with parole eligibility after	145
serving forty-five full years of imprisonment, or life	146
imprisonment with parole eligibility after serving fifty-five full	147
years of imprisonment.	148

(ii) Except as provided in division (C)(2)(a)(iii) of this	149
section, if the victim of the aggravated murder was less than	150
thirteen years of age, the offender also is convicted of or pleads	151
guilty to a sexual motivation specification that was included in	152
the indictment, count in the indictment, or information charging	153
the offense, and the trial court does not impose a sentence of	154
death or life imprisonment without parole on the offender pursuant	155
to division (C)(2)(a)(i) of this section, the penalty to be	156
imposed on the offender shall be an indefinite term consisting of	157
a minimum term of thirty years and a maximum term of life	158
imprisonment that shall be imposed pursuant to division (B)(3) of	159
section 2971.03 of the Revised Code and served pursuant to that	160
section.	161

(iii) If the offender also is convicted of or pleads guilty	162
to a sexual motivation specification and a sexually violent	163
predator specification that are included in the indictment, count	164
in the indictment, or information that charged the aggravated	165
murder, the penalty to be imposed on the offender shall be death	166
or life imprisonment without parole that shall be served pursuant	167
to section 2971.03 of the Revised Code unless the offender raised	168
the matter of age pursuant to section 2929.023 of the Revised Code	169
and was found at trial not to have been eighteen years of age or	170
older at the time of the commission of the offense.	171

(iv) If one or more specifications of aggravating	172
circumstances is the specification listed in division (A)(11) of	173
section 2929.04 of the Revised Code, the penalty to be imposed	174
upon the offender shall be death or life imprisonment without	175
parole unless the offender raised the matter of age pursuant to	176
section 2929.023 of the Revised Code and was found at trial not to	177
have been eighteen years of age or older at the time of the	178
commission of the offense.	179

(b) A penalty imposed pursuant to division (C)(2)(a)(i),	180
(ii), or (iii), or (iv) of this section shall be determined	181
pursuant to divisions (D) and (E) of this section and shall be	182
determined by one of the following:	183

(i) By the panel of three judges that tried the offender upon	184
the offender's waiver of the right to trial by jury;	185

(ii) By the trial jury and the trial judge, if the offender	186
was tried by jury.	187

(D)(1) Death may not be imposed as a penalty for aggravated	188
murder if the offender raised the matter of age at trial pursuant	189
to section 2929.023 of the Revised Code and was not found at trial	190
to have been eighteen years of age or older at the time of the	191
commission of the offense. When death may be imposed as a penalty	192
for aggravated murder, the court shall proceed under this	193
division. When death may be imposed as a penalty, the court, upon	194
the request of the defendant, shall require a pre-sentence	195
investigation to be made and, upon the request of the defendant,	196
shall require a mental examination to be made, and shall require	197
reports of the investigation and of any mental examination	198
submitted to the court, pursuant to section 2947.06 of the Revised	199
Code. No statement made or information provided by a defendant in	200
a mental examination or proceeding conducted pursuant to this	201
division shall be disclosed to any person, except as provided in	202
this division, or be used in evidence against the defendant on the	203
issue of guilt in any retrial. A pre-sentence investigation or	204
mental examination shall not be made except upon request of the	205
defendant. Copies of any reports prepared under this division	206
shall be furnished to the court, to the trial jury if the offender	207
was tried by a jury, to the prosecutor, and to the offender or the	208
offender's counsel for use under this division. The court, and the	209
trial jury if the offender was tried by a jury, shall consider any	210
report prepared pursuant to this division and furnished to it and	211
any evidence raised at trial that is relevant to the aggravating	212
circumstances the offender was found guilty of committing or to	213
any factors in mitigation of the imposition of the sentence of	214
death, shall hear testimony and other evidence that is relevant to	215
the nature and circumstances of the aggravating circumstances the	216
offender was found guilty of committing, the mitigating factors	217
set forth in division (B) of section 2929.04 of the Revised Code,	218
and any other factors in mitigation of the imposition of the	219
sentence of death, and shall hear the statement, if any, of the	220
offender, and the arguments, if any, of counsel for the defense	221
and prosecution, that are relevant to the penalty that should be	222
imposed on the offender. The defendant shall be given great	223
latitude in the presentation of evidence of the mitigating factors	224
set forth in division (B) of section 2929.04 of the Revised Code	225
and of any other factors in mitigation of the imposition of the	226
sentence of death. If the offender chooses to make a statement,	227
the offender is subject to cross-examination only if the offender	228
consents to make the statement under oath or affirmation.	229

The defendant shall have the burden of going forward with the	230
evidence of any factors in mitigation of the imposition of the	231
sentence of death. The prosecution shall have the burden of	232
proving, by proof beyond a reasonable doubt, that the aggravating	233
circumstances the defendant was found guilty of committing are	234
sufficient to outweigh the factors in mitigation of the imposition	235
of the sentence of death.	236

(2) Upon consideration of the relevant evidence raised at	237
trial, the testimony, other evidence, statement of the offender,	238
arguments of counsel, and, if applicable, the reports submitted	239
pursuant to division (D)(1) of this section, the trial jury, if	240
the offender was tried by a jury, shall determine whether the	241
aggravating circumstances the offender was found guilty of	242
committing are sufficient to outweigh the mitigating factors	243
present in the case. If the trial jury unanimously finds, by proof	244
beyond a reasonable doubt, that the aggravating circumstances the	245
offender was found guilty of committing outweigh the mitigating	246
factors, the trial jury shall recommend to the court that the	247
sentence of death be imposed on the offender. Absent such a	248
finding, the jury shall recommend that the offender be sentenced	249
to one of the following:	250

(a) Except as provided in division (D)(2)(b) or, (c), or (d)	251
of this section, to life imprisonment without parole, life	252
imprisonment with parole eligibility after serving twenty-five	253
thirty full years of imprisonment, or life imprisonment with	254
parole eligibility after serving thirtythirty-five full years of	255
imprisonment, life imprisonment with parole eligibility after	256
serving forty-five full years of imprisonment, or life	257
imprisonment with parole eligibility after serving fifty-five full	258
years of imprisonment;	259

(b) Except as provided in division (D)(2)(c) of this section,	260
if the victim of the aggravated murder was less than thirteen	261
years of age, the offender also is convicted of or pleads guilty	262
to a sexual motivation specification that was included in the	263
indictment, count in the indictment, or information charging the	264
offense, and the jury does not recommend a sentence of life	265
imprisonment without parole pursuant to division (D)(2)(a) of this	266
section, to an indefinite term consisting of a minimum term of	267
thirty years and a maximum term of life imprisonment to be imposed	268
pursuant to division (B)(3) of section 2971.03 of the Revised Code	269
and served pursuant to that section.	270

(c) If the offender also is convicted of or pleads guilty to	271
a sexual motivation specification and a sexually violent predator	272
specification that are included in the indictment, count in the	273
indictment, or information that charged the aggravated murder, to	274
life imprisonment without parole.	275

(d) If one or more of the aggravating circumstances that the	276
offender was found guilty of is the specification listed in	277
division (A)(11) of section 2929.04 of the Revised Code, the jury	278
shall recommend that the offender be sentenced to life	279
imprisonment without parole.	280

If the trial jury recommends that the offender be sentenced	281
to life imprisonment without parole, life imprisonment with parole	282
eligibility after serving twenty-fivethirty full years of	283
imprisonment, life imprisonment with parole eligibility after	284
serving thirtythirty-five full years of imprisonment, life	285
imprisonment with parole eligibility after serving forty-five full	286
years of imprisonment, life imprisonment with parole eligibility	287
after serving fifty-five full years of imprisonment, or an	288
indefinite term consisting of a minimum term of thirty years and a	289
maximum term of life imprisonment to be imposed pursuant to	290
division (B)(3) of section 2971.03 of the Revised Code, the court	291
shall impose the sentence recommended by the jury upon the	292
offender. If the sentence is an indefinite term consisting of a	293
minimum term of thirty years and a maximum term of life	294
imprisonment imposed as described in division (D)(2)(b) of this	295
section or a sentence of life imprisonment without parole imposed	296
under division (D)(2)(c) of this section, the sentence shall be	297
served pursuant to section 2971.03 of the Revised Code. If the	298
trial jury recommends that the sentence of death be imposed upon	299
the offender, the court shall proceed to impose sentence pursuant	300
to division (D)(3) of this section.	301

(3) Upon consideration of the relevant evidence raised at	302
trial, the testimony, other evidence, statement of the offender,	303
arguments of counsel, and, if applicable, the reports submitted to	304
the court pursuant to division (D)(1) of this section, if, after	305
receiving pursuant to division (D)(2) of this section the trial	306
jury's recommendation that the sentence of death be imposed, the	307
court finds, by proof beyond a reasonable doubt, or if the panel	308
of three judges unanimously finds, by proof beyond a reasonable	309
doubt, that the aggravating circumstances the offender was found	310
guilty of committing outweigh the mitigating factors, it shall	311
impose sentence of death on the offender. Absent such a finding by	312
the court or panel, the court or the panel shall impose one of the	313
following sentences on the offender:	314

(a) Except as provided in division (D)(3)(b) or (c) of this	315
section, one of the following:	316

(i) Life imprisonment without parole;

317

(ii) Subject to division (D)(3)(a)(iv)(vi) of this section,	318
life imprisonment with parole eligibility after serving	319
twenty-fivethirty full years of imprisonment;	320

(iii) Subject to division (D)(3)(a)(iv)(vi) of this section,	321
life imprisonment with parole eligibility after serving thirty	322
thirty-five full years of imprisonment;	323

(iv) IfSubject to division (D)(3)(a)(vi) of this section,	324
life imprisonment with parole eligibility after serving forty-five	325
full years of imprisonment;	326

(v) Subject to division (D)(3)(a)(vi) of this section, life	327
imprisonment with parole eligibility after serving fifty-five full	328
years of imprisonment;	329

(vi) If the victim of the aggravated murder was less than	330
thirteen years of age, the offender also is convicted of or pleads	331
guilty to a sexual motivation specification that was included in	332
the indictment, count in the indictment, or information charging	333
the offense, and the trial court does not impose a sentence of	334
life imprisonment without parole on the offender pursuant to	335
division (D)(3)(a)(i) of this section, the court or panel shall	336
sentence the offender pursuant to division (B)(3) of section	337
2971.03 of the Revised Code to an indefinite term consisting of a	338
minimum term of thirty years and a maximum term of life	339
imprisonment.	340

(b) If the offender also is convicted of or pleads guilty to	341
a sexual motivation specification and a sexually violent predator	342
specification that are included in the indictment, count in the	343
indictment, or information that charged the aggravated murder,	344
life imprisonment without parole that shall be served pursuant to	345
section 2971.03 of the Revised Code.	346

(c) If one or more of the aggravating circumstances that the	347
offender was found guilty of is the specification listed in	348
division (A)(11) of section 2929.04 of the Revised Code, life	349
imprisonment without parole.	350

(E) If the offender raised the matter of age at trial	351
pursuant to section 2929.023 of the Revised Code, was convicted of	352
aggravated murder and one or more specifications of an aggravating	353
circumstance listed in division (A) of section 2929.04 of the	354
Revised Code, and was not found at trial to have been eighteen	355
years of age or older at the time of the commission of the	356
offense, the court or the panel of three judges shall not impose a	357
sentence of death on the offender. Instead, the court or panel	358
shall impose one of the following sentences on the offender:	359

(1) Except as provided in division (E)(2) of this section,	360
one of the following:	361

(a)(1) Life imprisonment without parole;

362

(b)(2) Subject to division (E)(2)(d)(6) of this section, life	363
imprisonment with parole eligibility after serving twenty-five	364
thirty full years of imprisonment;	365

(c)(3) Subject to division (E)(2)(d)(6) of this section, life	366
imprisonment with parole eligibility after serving thirty	367
thirty-five full years of imprisonment;	368

(d) If(4) Subject to division (E)(6) of this section, life	369
imprisonment with parole eligibility after serving forty-five full	370
years of imprisonment;	371

(5) Subject to division (E)(6) of this section, life	372
imprisonment with parole eligibility after serving fifty-five full	373
years of imprisonment;	374

(6) If the victim of the aggravated murder was less than	375
thirteen years of age, the offender also is convicted of or pleads	376
guilty to a sexual motivation specification that was included in	377
the indictment, count in the indictment, or information charging	378
the offense, and the trial court does not impose a sentence of	379
life imprisonment without parole on the offender pursuant to	380
division (E)(2)(a)(1) of this section, the court or panel shall	381
sentence the offender pursuant to division (B)(3) of section	382
2971.03 of the Revised Code to an indefinite term consisting of a	383
minimum term of thirty years and a maximum term of life	384
imprisonment.	385

(2) If the offender also is convicted of or pleads guilty to	386
a sexual motivation specification and a sexually violent predator	387
specification that are included in the indictment, count in the	388
indictment, or information that charged the aggravated murder,	389
life imprisonment without parole that shall be served pursuant to	390
section 2971.03 of the Revised Code.	391

(F) The court or the panel of three judges, when it imposes	392
sentence of death, shall state in a separate opinion its specific	393
findings as to the existence of any of the mitigating factors set	394
forth in division (B) of section 2929.04 of the Revised Code, the	395
existence of any other mitigating factors, the aggravating	396
circumstances the offender was found guilty of committing, and the	397
reasons why the aggravating circumstances the offender was found	398
guilty of committing were sufficient to outweigh the mitigating	399
factors. The court or panel, when it imposes life imprisonment or	400
an indefinite term consisting of a minimum term of thirty years	401
and a maximum term of life imprisonment under division (D) of this	402
section, shall state in a separate opinion its specific findings	403
of which of the mitigating factors set forth in division (B) of	404
section 2929.04 of the Revised Code it found to exist, what other	405
mitigating factors it found to exist, what aggravating	406
circumstances the offender was found guilty of committing, and why	407
it could not find that these aggravating circumstances were	408
sufficient to outweigh the mitigating factors. For cases in which	409
a sentence of death is imposed for an offense committed before	410
January 1, 1995, the court or panel shall file the opinion	411
required to be prepared by this division with the clerk of the	412
appropriate court of appeals and with the clerk of the supreme	413
court within fifteen days after the court or panel imposes	414
sentence. For cases in which a sentence of death is imposed for an	415
offense committed on or after January 1, 1995, the court or panel	416
shall file the opinion required to be prepared by this division	417
with the clerk of the supreme court within fifteen days after the	418
court or panel imposes sentence. The judgment in a case in which a	419
sentencing hearing is held pursuant to this section is not final	420
until the opinion is filed.	421

(G)(1) Whenever the court or a panel of three judges imposes	422
a sentence of death for an offense committed before January 1,	423
1995, the clerk of the court in which the judgment is rendered	424
shall deliver the entire record in the case to the appellate	425
court.	426

(2) Whenever the court or a panel of three judges imposes a	427
sentence of death for an offense committed on or after January 1,	428
1995, the clerk of the court in which the judgment is rendered	429
shall deliver the entire record in the case to the supreme court.	430

Sec. 2929.04.  (A) Imposition of the death penalty for	431
aggravated murder is precluded unless one or more of the following	432
is specified in the indictment or count in the indictment pursuant	433
to section 2941.14 of the Revised Code and proved beyond a	434
reasonable doubt:	435

(1) The offense was the assassination of the president of the	436
United States or a person in line of succession to the presidency,	437
the governor or lieutenant governor of this state, the	438
president-elect or vice president-elect of the United States, the	439
governor-elect or lieutenant governor-elect of this state, or a	440
candidate for any of the offices described in this division. For	441
purposes of this division, a person is a candidate if the person	442
has been nominated for election according to law, if the person	443
has filed a petition or petitions according to law to have the	444
person's name placed on the ballot in a primary or general	445
election, or if the person campaigns as a write-in candidate in a	446
primary or general election.	447

(2) The offense was committed for hire.

448

(3) The offense was committed for the purpose of escaping	449
detection, apprehension, trial, or punishment for another offense	450
committed by the offender.	451

(4) The offense was committed while the offender was under	452
detention or while the offender was at large after having broken	453
detention. As used in division (A)(4) of this section, "detention"	454
has the same meaning as in section 2921.01 of the Revised Code,	455
except that detention does not include hospitalization,	456
institutionalization, or confinement in a mental health facility	457
or mental retardation and developmentally disabled facility unless	458
at the time of the commission of the offense either of the	459
following circumstances apply:	460

(a) The offender was in the facility as a result of being	461
charged with a violation of a section of the Revised Code.	462

(b) The offender was under detention as a result of being	463
convicted of or pleading guilty to a violation of a section of the	464
Revised Code.	465

(5) Prior to the offense at bar, the offender was convicted	466
of an offense an essential element of which was the purposeful	467
killing of or attempt to kill another, or the offense at bar was	468
part of a course of conduct involving the purposeful killing of or	469
attempt to kill two or more persons by the offender.	470

(6) The victim of the offense was a law enforcement officer,	471
as defined in section 2911.01 of the Revised Code, whom the	472
offender had reasonable cause to know or knew to be a law	473
enforcement officer as so defined, and either the victim, at the	474
time of the commission of the offense, was engaged in the victim's	475
duties, or it was the offender's specific purpose to kill a law	476
enforcement officer as so defined.	477

(7) The offense was committed while the offender was	478
committing, attempting to commit, or fleeing immediately after	479
committing or attempting to commit kidnapping, rape, aggravated	480
arson, aggravated robbery, or aggravated burglary, and either the	481
offender was the principal offender in the commission of the	482
aggravated murder or, if not the principal offender, committed the	483
aggravated murder with prior calculation and design.	484

(8) The victim of the aggravated murder was a witness to an	485
offense who was purposely killed to prevent the victim's testimony	486
in any criminal proceeding and the aggravated murder was not	487
committed during the commission, attempted commission, or flight	488
immediately after the commission or attempted commission of the	489
offense to which the victim was a witness, or the victim of the	490
aggravated murder was a witness to an offense and was purposely	491
killed in retaliation for the victim's testimony in any criminal	492
proceeding.	493

(9) The offender, in the commission of the offense,	494
purposefully caused the death of another who was under thirteen	495
years of age at the time of the commission of the offense, and	496
either the offender was the principal offender in the commission	497
of the offense or, if not the principal offender, committed the	498
offense with prior calculation and design.	499

(10) The offense was committed while the offender was	500
committing, attempting to commit, or fleeing immediately after	501
committing or attempting to commit terrorism.	502

(11) The offense was a violation of division (A) of section	503
2903.01 of the Revised Code.	504

(B) If one or more of the aggravating circumstances listed in	505
division (A) of this section is specified in the indictment or	506
count in the indictment and proved beyond a reasonable doubt, and	507
if the offender did not raise the matter of age pursuant to	508
section 2929.023 of the Revised Code or if the offender, after	509
raising the matter of age, was found at trial to have been	510
eighteen years of age or older at the time of the commission of	511
the offense, the court, trial jury, or panel of three judges shall	512
consider, and weigh against the aggravating circumstances proved	513
beyond a reasonable doubt, the nature and circumstances of the	514
offense, the history, character, and background of the offender,	515
and all of the following factors:	516

(1) Whether the victim of the offense induced or facilitated	517
it;	518

(2) Whether it is unlikely that the offense would have been	519
committed, but for the fact that the offender was under duress,	520
coercion, or strong provocation;	521

(3) Whether, at the time of committing the offense, the	522
offender, because of a mental disease or defect, lacked	523
substantial capacity to appreciate the criminality of the	524
offender's conduct or to conform the offender's conduct to the	525
requirements of the law;	526

(4) The youth of the offender;

527

(5) The offender's lack of a significant history of prior	528
criminal convictions and delinquency adjudications;	529

(6) If the offender was a participant in the offense but not	530
the principal offender, the degree of the offender's participation	531
in the offense and the degree of the offender's participation in	532
the acts that led to the death of the victim;	533

(7) Any other factors that are relevant to the issue of	534
whether the offender should be sentenced to death.	535

(C) The defendant shall be given great latitude in the	536
presentation of evidence of the factors listed in division (B) of	537
this section and of any other factors in mitigation of the	538
imposition of the sentence of death.	539

The existence of any of the mitigating factors listed in	540
division (B) of this section does not preclude the imposition of a	541
sentence of death on the offender but shall be weighed pursuant to	542
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	543
the trial court, trial jury, or the panel of three judges against	544
the aggravating circumstances the offender was found guilty of	545
committing.	546

Sec. 2929.06.  (A) If a sentence of death imposed upon an	547
offender is set aside, nullified, or vacated because the court of	548
appeals, in a case in which a sentence of death was imposed for an	549
offense committed before January 1, 1995, or the supreme court, in	550
cases in which the supreme court reviews the sentence upon appeal,	551
could not affirm the sentence of death under the standards imposed	552
by section 2929.05 of the Revised Code, is set aside, nullified,	553
or vacated for the sole reason that the statutory procedure for	554
imposing the sentence of death that is set forth in sections	555
2929.03 and 2929.04 of the Revised Code is unconstitutional, is	556
set aside, nullified, or vacated pursuant to division (C) of	557
section 2929.05 of the Revised Code, or is set aside, nullified,	558
or vacated because a court has determined that the offender is	559
mentally retarded under standards set forth in decisions of the	560
supreme court of this state or the United States supreme court,	561
the trial court that sentenced the offender shall conduct a	562
hearing to resentence the offender. At the resentencing hearing,	563
the court shall impose upon the offender a sentence of life	564
imprisonment or an indefinite term consisting of a minimum term of	565
thirty years and a maximum term of life imprisonment that is	566
determined as specified in this division. If division (D) of	567
section 2929.03 of the Revised Code, at the time the offender	568
committed the aggravated murder for which the sentence of death	569
was imposed, required the imposition when a sentence of death was	570
not imposed of a sentence of life imprisonment without parole or a	571
sentence of an indefinite term consisting of a minimum term of	572
thirty years and a maximum term of life imprisonment to be imposed	573
pursuant to division (A) or (B)(3) of section 2971.03 of the	574
Revised Code and served pursuant to that section, the court shall	575
impose the sentence so required. In all other cases, the sentences	576
of life imprisonment that are available at the hearing, and from	577
which the court shall impose sentence, shall be the same sentences	578
of life imprisonment that were available or required under	579
division (D) of section 2929.03 or under section 2909.24 of the	580
Revised Code at the time the offender committed the offense for	581
which the sentence of death was imposed. Nothing in this division	582
regarding the resentencing of an offender shall affect the	583
operation of section 2971.03 of the Revised Code.	584

(B) Whenever any court of this state or any federal court	585
sets aside, nullifies, or vacates a sentence of death imposed upon	586
an offender because of error that occurred in the sentencing phase	587
of the trial and if division (A) of this section does not apply,	588
the trial court that sentenced the offender shall conduct a new	589
hearing to resentence the offender. If the offender was tried by a	590
jury, the trial court shall impanel a new jury for the hearing. If	591
the offender was tried by a panel of three judges, that panel or,	592
if necessary, a new panel of three judges shall conduct the	593
hearing. At the hearing, the court or panel shall follow the	594
procedure set forth in division (D) of section 2929.03 of the	595
Revised Code in determining whether to impose upon the offender a	596
sentence of death, a sentence of life imprisonment, or an	597
indefinite term consisting of a minimum term of thirty years and a	598
maximum term of life imprisonment. If, pursuant to that procedure,	599
the court or panel determines that it will impose a sentence other	600
than a sentence of death, the court or panel shall impose upon the	601
offender one of the sentences of life imprisonment that could have	602
been imposed at the time the offender committed the offense for	603
which the sentence of death was imposed, determined as specified	604
in this division, or an indefinite term consisting of a minimum	605
term of thirty years and a maximum term of life imprisonment that	606
is determined as specified in this division. If division (D) of	607
section 2929.03 of the Revised Code, at the time the offender	608
committed the aggravated murder for which the sentence of death	609
was imposed, required the imposition when a sentence of death was	610
not imposed of a sentence of life imprisonment without parole or a	611
sentence of an indefinite term consisting of a minimum term of	612
thirty years and a maximum term of life imprisonment to be imposed	613
pursuant to division (A) or (B)(3) of section 2971.03 of the	614
Revised Code and served pursuant to that section, the court or	615
panel shall impose the sentence so required. In all other cases,	616
the sentences of life imprisonment that are available at the	617
hearing, and from which the court or panel shall impose sentence,	618
shall be the same sentences of life imprisonment that were	619
available or required under division (D) of section 2929.03 or	620
under section 2909.24 of the Revised Code at the time the offender	621
committed the offense for which the sentence of death was imposed.	622

(C) If a sentence of life imprisonment without parole imposed	623
upon an offender pursuant to section 2929.021 or 2929.03 of the	624
Revised Code is set aside, nullified, or vacated for the sole	625
reason that the statutory procedure for imposing the sentence of	626
life imprisonment without parole that is set forth in sections	627
2929.03 and 2929.04 of the Revised Code is unconstitutional, the	628
trial court that sentenced the offender shall conduct a hearing to	629
resentence the offender to life imprisonment with parole	630
eligibility after serving twenty-five full years of imprisonment	631
or to life imprisonment with parole eligibility after serving	632
thirty full years of imprisonment.	633

(D) Nothing in this section limits or restricts the rights of	634
the state to appeal any order setting aside, nullifying, or	635
vacating a conviction or sentence of death, when an appeal of that	636
nature otherwise would be available.	637

(E) This section, as amended by H.B. 184 of the 125th general	638
assembly, shall apply to all offenders who have been sentenced to	639
death for an aggravated murder that was committed on or after	640
October 19, 1981, or for terrorism that was committed on or after	641
May 15, 2002. This section, as amended by H.B. 184 of the 125th	642
general assembly, shall apply equally to all such offenders	643
sentenced to death prior to, on, or after March 23, 2005,	644
including offenders who, on March 23, 2005, are challenging their	645
sentence of death and offenders whose sentence of death has been	646
set aside, nullified, or vacated by any court of this state or any	647
federal court but who, as of March 23, 2005, have not yet been	648
resentenced.	649

Sec. 2929.14.  (A) Except as provided in division (B)(1),	650
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	651
(H), or (J) of this section or in division (D)(6) of section	652
2919.25 of the Revised Code and except in relation to an offense	653
for which a sentence of death or life imprisonment is to be	654
imposed, if the court imposing a sentence upon an offender for a	655
felony elects or is required to impose a prison term on the	656
offender pursuant to this chapter, the court shall impose a	657
definite prison term that shall be one of the following:	658

(1) For a felony of the first degree, the prison term shall	659
be three, four, five, six, seven, eight, nine, ten, or eleven	660
years.	661

(2) For a felony of the second degree, the prison term shall	662
be two, three, four, five, six, seven, or eight years.	663

(3)(a) For a felony of the third degree that is a violation	664
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	665
Revised Code or that is a violation of section 2911.02 or 2911.12	666
of the Revised Code if the offender previously has been convicted	667
of or pleaded guilty in two or more separate proceedings to two or	668
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	669
of the Revised Code, the prison term shall be twelve, eighteen,	670
twenty-four, thirty, thirty-six, forty-two, forty-eight,	671
fifty-four, or sixty months.	672

(b) For a felony of the third degree that is not an offense	673
for which division (A)(3)(a) of this section applies, the prison	674
term shall be nine, twelve, eighteen, twenty-four, thirty, or	675
thirty-six months.	676

(4) For a felony of the fourth degree, the prison term shall	677
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	678
fourteen, fifteen, sixteen, seventeen, or eighteen months.	679

(5) For a felony of the fifth degree, the prison term shall	680
be six, seven, eight, nine, ten, eleven, or twelve months.	681

(B)(1)(a) Except as provided in division (B)(1)(e) of this	682
section, if an offender who is convicted of or pleads guilty to a	683
felony also is convicted of or pleads guilty to a specification of	684
the type described in section 2941.141, 2941.144, or 2941.145 of	685
the Revised Code, the court shall impose on the offender one of	686
the following prison terms:	687

(i) A prison term of six years if the specification is of the	688
type described in section 2941.144 of the Revised Code that	689
charges the offender with having a firearm that is an automatic	690
firearm or that was equipped with a firearm muffler or silencer on	691
or about the offender's person or under the offender's control	692
while committing the felony;	693

(ii) A prison term of three years if the specification is of	694
the type described in section 2941.145 of the Revised Code that	695
charges the offender with having a firearm on or about the	696
offender's person or under the offender's control while committing	697
the offense and displaying the firearm, brandishing the firearm,	698
indicating that the offender possessed the firearm, or using it to	699
facilitate the offense;	700

(iii) A prison term of one year if the specification is of	701
the type described in section 2941.141 of the Revised Code that	702
charges the offender with having a firearm on or about the	703
offender's person or under the offender's control while committing	704
the felony.	705

(b) If a court imposes a prison term on an offender under	706
division (B)(1)(a) of this section, the prison term shall not be	707
reduced pursuant to section 2967.19, section 2929.20, section	708
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	709
of the Revised Code. Except as provided in division (B)(1)(g) of	710
this section, a court shall not impose more than one prison term	711
on an offender under division (B)(1)(a) of this section for	712
felonies committed as part of the same act or transaction.	713

(c) Except as provided in division (B)(1)(e) of this section,	714
if an offender who is convicted of or pleads guilty to a violation	715
of section 2923.161 of the Revised Code or to a felony that	716
includes, as an essential element, purposely or knowingly causing	717
or attempting to cause the death of or physical harm to another,	718
also is convicted of or pleads guilty to a specification of the	719
type described in section 2941.146 of the Revised Code that	720
charges the offender with committing the offense by discharging a	721
firearm from a motor vehicle other than a manufactured home, the	722
court, after imposing a prison term on the offender for the	723
violation of section 2923.161 of the Revised Code or for the other	724
felony offense under division (A), (B)(2), or (B)(3) of this	725
section, shall impose an additional prison term of five years upon	726
the offender that shall not be reduced pursuant to section	727
2929.20, section 2967.19, section 2967.193, or any other provision	728
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	729
shall not impose more than one additional prison term on an	730
offender under division (B)(1)(c) of this section for felonies	731
committed as part of the same act or transaction. If a court	732
imposes an additional prison term on an offender under division	733
(B)(1)(c) of this section relative to an offense, the court also	734
shall impose a prison term under division (B)(1)(a) of this	735
section relative to the same offense, provided the criteria	736
specified in that division for imposing an additional prison term	737
are satisfied relative to the offender and the offense.	738

(d) If an offender who is convicted of or pleads guilty to an	739
offense of violence that is a felony also is convicted of or	740
pleads guilty to a specification of the type described in section	741
2941.1411 of the Revised Code that charges the offender with	742
wearing or carrying body armor while committing the felony offense	743
of violence, the court shall impose on the offender a prison term	744
of two years. The prison term so imposed, subject to divisions (C)	745
to (I) of section 2967.19 of the Revised Code, shall not be	746
reduced pursuant to section 2929.20, section 2967.19, section	747
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	748
of the Revised Code. A court shall not impose more than one prison	749
term on an offender under division (B)(1)(d) of this section for	750
felonies committed as part of the same act or transaction. If a	751
court imposes an additional prison term under division (B)(1)(a)	752
or (c) of this section, the court is not precluded from imposing	753
an additional prison term under division (B)(1)(d) of this	754
section.	755

(e) The court shall not impose any of the prison terms	756
described in division (B)(1)(a) of this section or any of the	757
additional prison terms described in division (B)(1)(c) of this	758
section upon an offender for a violation of section 2923.12 or	759
2923.123 of the Revised Code. The court shall not impose any of	760
the prison terms described in division (B)(1)(a) or (b) of this	761
section upon an offender for a violation of section 2923.122 that	762
involves a deadly weapon that is a firearm other than a dangerous	763
ordnance, section 2923.16, or section 2923.121 of the Revised	764
Code. The court shall not impose any of the prison terms described	765
in division (B)(1)(a) of this section or any of the additional	766
prison terms described in division (B)(1)(c) of this section upon	767
an offender for a violation of section 2923.13 of the Revised Code	768
unless all of the following apply:	769

(i) The offender previously has been convicted of aggravated	770
murder, murder, or any felony of the first or second degree.	771

(ii) Less than five years have passed since the offender was	772
released from prison or post-release control, whichever is later,	773
for the prior offense.	774

(f) If an offender is convicted of or pleads guilty to a	775
felony that includes, as an essential element, causing or	776
attempting to cause the death of or physical harm to another and	777
also is convicted of or pleads guilty to a specification of the	778
type described in section 2941.1412 of the Revised Code that	779
charges the offender with committing the offense by discharging a	780
firearm at a peace officer as defined in section 2935.01 of the	781
Revised Code or a corrections officer, as defined in section	782
2941.1412 of the Revised Code, the court, after imposing a prison	783
term on the offender for the felony offense under division (A),	784
(B)(2), or (B)(3) of this section, shall impose an additional	785
prison term of seven years upon the offender that shall not be	786
reduced pursuant to section 2929.20, section 2967.19, section	787
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	788
of the Revised Code. If an offender is convicted of or pleads	789
guilty to two or more felonies that include, as an essential	790
element, causing or attempting to cause the death or physical harm	791
to another and also is convicted of or pleads guilty to a	792
specification of the type described under division (B)(1)(f) of	793
this section in connection with two or more of the felonies of	794
which the offender is convicted or to which the offender pleads	795
guilty, the sentencing court shall impose on the offender the	796
prison term specified under division (B)(1)(f) of this section for	797
each of two of the specifications of which the offender is	798
convicted or to which the offender pleads guilty and, in its	799
discretion, also may impose on the offender the prison term	800
specified under that division for any or all of the remaining	801
specifications. If a court imposes an additional prison term on an	802
offender under division (B)(1)(f) of this section relative to an	803
offense, the court shall not impose a prison term under division	804
(B)(1)(a) or (c) of this section relative to the same offense.	805

(g) If an offender is convicted of or pleads guilty to two or	806
more felonies, if one or more of those felonies are aggravated	807
murder, murder, attempted aggravated murder, attempted murder,	808
aggravated robbery, felonious assault, or rape, and if the	809
offender is convicted of or pleads guilty to a specification of	810
the type described under division (B)(1)(a) of this section in	811
connection with two or more of the felonies, the sentencing court	812
shall impose on the offender the prison term specified under	813
division (B)(1)(a) of this section for each of the two most	814
serious specifications of which the offender is convicted or to	815
which the offender pleads guilty and, in its discretion, also may	816
impose on the offender the prison term specified under that	817
division for any or all of the remaining specifications.	818

(2)(a) If division (B)(2)(b) of this section does not apply,	819
the court may impose on an offender, in addition to the longest	820
prison term authorized or required for the offense, an additional	821
definite prison term of one, two, three, four, five, six, seven,	822
eight, nine, or ten years if all of the following criteria are	823
met:	824

(i) The offender is convicted of or pleads guilty to a	825
specification of the type described in section 2941.149 of the	826
Revised Code that the offender is a repeat violent offender.	827

(ii) The offense of which the offender currently is convicted	828
or to which the offender currently pleads guilty is aggravated	829
murder and the court does not impose a sentence of death or life	830
imprisonment without parole, murder, terrorism and the court does	831
not impose a sentence of life imprisonment without parole, any	832
felony of the first degree that is an offense of violence and the	833
court does not impose a sentence of life imprisonment without	834
parole, or any felony of the second degree that is an offense of	835
violence and the trier of fact finds that the offense involved an	836
attempt to cause or a threat to cause serious physical harm to a	837
person or resulted in serious physical harm to a person.	838

(iii) The court imposes the longest prison term for the	839
offense that is not life imprisonment without parole.	840

(iv) The court finds that the prison terms imposed pursuant	841
to division (B)(2)(a)(iii) of this section and, if applicable,	842
division (B)(1) or (3) of this section are inadequate to punish	843
the offender and protect the public from future crime, because the	844
applicable factors under section 2929.12 of the Revised Code	845
indicating a greater likelihood of recidivism outweigh the	846
applicable factors under that section indicating a lesser	847
likelihood of recidivism.	848

(v) The court finds that the prison terms imposed pursuant to	849
division (B)(2)(a)(iii) of this section and, if applicable,	850
division (B)(1) or (3) of this section are demeaning to the	851
seriousness of the offense, because one or more of the factors	852
under section 2929.12 of the Revised Code indicating that the	853
offender's conduct is more serious than conduct normally	854
constituting the offense are present, and they outweigh the	855
applicable factors under that section indicating that the	856
offender's conduct is less serious than conduct normally	857
constituting the offense.	858

(b) The court shall impose on an offender the longest prison	859
term authorized or required for the offense and shall impose on	860
the offender an additional definite prison term of one, two,	861
three, four, five, six, seven, eight, nine, or ten years if all of	862
the following criteria are met:	863

(i) The offender is convicted of or pleads guilty to a	864
specification of the type described in section 2941.149 of the	865
Revised Code that the offender is a repeat violent offender.	866

(ii) The offender within the preceding twenty years has been	867
convicted of or pleaded guilty to three or more offenses described	868
in division (CC)(1) of section 2929.01 of the Revised Code,	869
including all offenses described in that division of which the	870
offender is convicted or to which the offender pleads guilty in	871
the current prosecution and all offenses described in that	872
division of which the offender previously has been convicted or to	873
which the offender previously pleaded guilty, whether prosecuted	874
together or separately.	875

(iii) The offense or offenses of which the offender currently	876
is convicted or to which the offender currently pleads guilty is	877
aggravated murder and the court does not impose a sentence of	878
death or life imprisonment without parole, murder, terrorism and	879
the court does not impose a sentence of life imprisonment without	880
parole, any felony of the first degree that is an offense of	881
violence and the court does not impose a sentence of life	882
imprisonment without parole, or any felony of the second degree	883
that is an offense of violence and the trier of fact finds that	884
the offense involved an attempt to cause or a threat to cause	885
serious physical harm to a person or resulted in serious physical	886
harm to a person.	887

(c) For purposes of division (B)(2)(b) of this section, two	888
or more offenses committed at the same time or as part of the same	889
act or event shall be considered one offense, and that one offense	890
shall be the offense with the greatest penalty.	891

(d) A sentence imposed under division (B)(2)(a) or (b) of	892
this section shall not be reduced pursuant to section 2929.20,	893
section 2967.19, or section 2967.193, or any other provision of	894
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	895
shall serve an additional prison term imposed under this section	896
consecutively to and prior to the prison term imposed for the	897
underlying offense.	898

(e) When imposing a sentence pursuant to division (B)(2)(a)	899
or (b) of this section, the court shall state its findings	900
explaining the imposed sentence.	901

(3) Except when an offender commits a violation of section	902
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	903
the violation is life imprisonment or commits a violation of	904
section 2903.02 of the Revised Code, if the offender commits a	905
violation of section 2925.03 or 2925.11 of the Revised Code and	906
that section classifies the offender as a major drug offender, if	907
the offender commits a felony violation of section 2925.02,	908
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	909
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	910
division (C) of section 4729.51, or division (J) of section	911
4729.54 of the Revised Code that includes the sale, offer to sell,	912
or possession of a schedule I or II controlled substance, with the	913
exception of marihuana, and the court imposing sentence upon the	914
offender finds that the offender is guilty of a specification of	915
the type described in section 2941.1410 of the Revised Code	916
charging that the offender is a major drug offender, if the court	917
imposing sentence upon an offender for a felony finds that the	918
offender is guilty of corrupt activity with the most serious	919
offense in the pattern of corrupt activity being a felony of the	920
first degree, or if the offender is guilty of an attempted	921
violation of section 2907.02 of the Revised Code and, had the	922
offender completed the violation of section 2907.02 of the Revised	923
Code that was attempted, the offender would have been subject to a	924
sentence of life imprisonment or life imprisonment without parole	925
for the violation of section 2907.02 of the Revised Code, the	926
court shall impose upon the offender for the felony violation a	927
mandatory prison term of the maximum prison term prescribed for a	928
felony of the first degree that, subject to divisions (C) to (I)	929
of section 2967.19 of the Revised Code, cannot be reduced pursuant	930
to section 2929.20, section 2967.19, or any other provision of	931
Chapter 2967. or 5120. of the Revised Code.	932

(4) If the offender is being sentenced for a third or fourth	933
degree felony OVI offense under division (G)(2) of section 2929.13	934
of the Revised Code, the sentencing court shall impose upon the	935
offender a mandatory prison term in accordance with that division.	936
In addition to the mandatory prison term, if the offender is being	937
sentenced for a fourth degree felony OVI offense, the court,	938
notwithstanding division (A)(4) of this section, may sentence the	939
offender to a definite prison term of not less than six months and	940
not more than thirty months, and if the offender is being	941
sentenced for a third degree felony OVI offense, the sentencing	942
court may sentence the offender to an additional prison term of	943
any duration specified in division (A)(3) of this section. In	944
either case, the additional prison term imposed shall be reduced	945
by the sixty or one hundred twenty days imposed upon the offender	946
as the mandatory prison term. The total of the additional prison	947
term imposed under division (B)(4) of this section plus the sixty	948
or one hundred twenty days imposed as the mandatory prison term	949
shall equal a definite term in the range of six months to thirty	950
months for a fourth degree felony OVI offense and shall equal one	951
of the authorized prison terms specified in division (A)(3) of	952
this section for a third degree felony OVI offense. If the court	953
imposes an additional prison term under division (B)(4) of this	954
section, the offender shall serve the additional prison term after	955
the offender has served the mandatory prison term required for the	956
offense. In addition to the mandatory prison term or mandatory and	957
additional prison term imposed as described in division (B)(4) of	958
this section, the court also may sentence the offender to a	959
community control sanction under section 2929.16 or 2929.17 of the	960
Revised Code, but the offender shall serve all of the prison terms	961
so imposed prior to serving the community control sanction.	962

If the offender is being sentenced for a fourth degree felony	963
OVI offense under division (G)(1) of section 2929.13 of the	964
Revised Code and the court imposes a mandatory term of local	965
incarceration, the court may impose a prison term as described in	966
division (A)(1) of that section.	967

(5) If an offender is convicted of or pleads guilty to a	968
violation of division (A)(1) or (2) of section 2903.06 of the	969
Revised Code and also is convicted of or pleads guilty to a	970
specification of the type described in section 2941.1414 of the	971
Revised Code that charges that the victim of the offense is a	972
peace officer, as defined in section 2935.01 of the Revised Code,	973
or an investigator of the bureau of criminal identification and	974
investigation, as defined in section 2903.11 of the Revised Code,	975
the court shall impose on the offender a prison term of five	976
years. If a court imposes a prison term on an offender under	977
division (B)(5) of this section, the prison term, subject to	978
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	979
not be reduced pursuant to section 2929.20, section 2967.19,	980
section 2967.193, or any other provision of Chapter 2967. or	981
Chapter 5120. of the Revised Code. A court shall not impose more	982
than one prison term on an offender under division (B)(5) of this	983
section for felonies committed as part of the same act.	984

(6) If an offender is convicted of or pleads guilty to a	985
violation of division (A)(1) or (2) of section 2903.06 of the	986
Revised Code and also is convicted of or pleads guilty to a	987
specification of the type described in section 2941.1415 of the	988
Revised Code that charges that the offender previously has been	989
convicted of or pleaded guilty to three or more violations of	990
division (A) or (B) of section 4511.19 of the Revised Code or an	991
equivalent offense, as defined in section 2941.1415 of the Revised	992
Code, or three or more violations of any combination of those	993
divisions and offenses, the court shall impose on the offender a	994
prison term of three years. If a court imposes a prison term on an	995
offender under division (B)(6) of this section, the prison term,	996
subject to divisions (C) to (I) of section 2967.19 of the Revised	997
Code, shall not be reduced pursuant to section 2929.20, section	998
2967.19, section 2967.193, or any other provision of Chapter 2967.	999
or Chapter 5120. of the Revised Code. A court shall not impose	1000
more than one prison term on an offender under division (B)(6) of	1001
this section for felonies committed as part of the same act.	1002

(7)(a) If an offender is convicted of or pleads guilty to a	1003
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	1004
2923.32, division (A)(1) or (2) of section 2907.323, or division	1005
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	1006
Code and also is convicted of or pleads guilty to a specification	1007
of the type described in section 2941.1422 of the Revised Code	1008
that charges that the offender knowingly committed the offense in	1009
furtherance of human trafficking, the court shall impose on the	1010
offender a mandatory prison term that is one of the following:	1011

(i) If the offense is a felony of the first degree, a	1012
definite prison term of not less than five years and not greater	1013
than ten years;	1014

(ii) If the offense is a felony of the second or third	1015
degree, a definite prison term of not less than three years and	1016
not greater than the maximum prison term allowed for the offense	1017
by division (A) of section 2929.14 of the Revised Code;	1018

(iii) If the offense is a felony of the fourth or fifth	1019
degree, a definite prison term that is the maximum prison term	1020
allowed for the offense by division (A) of section 2929.14 of the	1021
Revised Code.	1022

(b) Subject to divisions (C) to (I) of section 2967.19 of the	1023
Revised Code, the prison term imposed under division (B)(7)(a) of	1024
this section shall not be reduced pursuant to section 2929.20,	1025
section 2967.19, section 2967.193, or any other provision of	1026
Chapter 2967. of the Revised Code. A court shall not impose more	1027
than one prison term on an offender under division (B)(7)(a) of	1028
this section for felonies committed as part of the same act,	1029
scheme, or plan.	1030

(8) If an offender is convicted of or pleads guilty to a	1031
felony violation of section 2903.11, 2903.12, or 2903.13 of the	1032
Revised Code and also is convicted of or pleads guilty to a	1033
specification of the type described in section 2941.1423 of the	1034
Revised Code that charges that the victim of the violation was a	1035
woman whom the offender knew was pregnant at the time of the	1036
violation, notwithstanding the range of prison terms prescribed in	1037
division (A) of this section for felonies of the same degree as	1038
the violation, the court shall impose on the offender a mandatory	1039
prison term that is either a definite prison term of six months or	1040
one of the prison terms prescribed in section 2929.14 of the	1041
Revised Code for felonies of the same degree as the violation.	1042

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	1043
mandatory prison term is imposed upon an offender pursuant to	1044
division (B)(1)(a) of this section for having a firearm on or	1045
about the offender's person or under the offender's control while	1046
committing a felony, if a mandatory prison term is imposed upon an	1047
offender pursuant to division (B)(1)(c) of this section for	1048
committing a felony specified in that division by discharging a	1049
firearm from a motor vehicle, or if both types of mandatory prison	1050
terms are imposed, the offender shall serve any mandatory prison	1051
term imposed under either division consecutively to any other	1052
mandatory prison term imposed under either division or under	1053
division (B)(1)(d) of this section, consecutively to and prior to	1054
any prison term imposed for the underlying felony pursuant to	1055
division (A), (B)(2), or (B)(3) of this section or any other	1056
section of the Revised Code, and consecutively to any other prison	1057
term or mandatory prison term previously or subsequently imposed	1058
upon the offender.	1059

(b) If a mandatory prison term is imposed upon an offender	1060
pursuant to division (B)(1)(d) of this section for wearing or	1061
carrying body armor while committing an offense of violence that	1062
is a felony, the offender shall serve the mandatory term so	1063
imposed consecutively to any other mandatory prison term imposed	1064
under that division or under division (B)(1)(a) or (c) of this	1065
section, consecutively to and prior to any prison term imposed for	1066
the underlying felony under division (A), (B)(2), or (B)(3) of	1067
this section or any other section of the Revised Code, and	1068
consecutively to any other prison term or mandatory prison term	1069
previously or subsequently imposed upon the offender.	1070

(c) If a mandatory prison term is imposed upon an offender	1071
pursuant to division (B)(1)(f) of this section, the offender shall	1072
serve the mandatory prison term so imposed consecutively to and	1073
prior to any prison term imposed for the underlying felony under	1074
division (A), (B)(2), or (B)(3) of this section or any other	1075
section of the Revised Code, and consecutively to any other prison	1076
term or mandatory prison term previously or subsequently imposed	1077
upon the offender.	1078

(d) If a mandatory prison term is imposed upon an offender	1079
pursuant to division (B)(7) or (8) of this section, the offender	1080
shall serve the mandatory prison term so imposed consecutively to	1081
any other mandatory prison term imposed under that division or	1082
under any other provision of law and consecutively to any other	1083
prison term or mandatory prison term previously or subsequently	1084
imposed upon the offender.	1085

(2) If an offender who is an inmate in a jail, prison, or	1086
other residential detention facility violates section 2917.02,	1087
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	1088
of section 2921.34 of the Revised Code, if an offender who is	1089
under detention at a detention facility commits a felony violation	1090
of section 2923.131 of the Revised Code, or if an offender who is	1091
an inmate in a jail, prison, or other residential detention	1092
facility or is under detention at a detention facility commits	1093
another felony while the offender is an escapee in violation of	1094
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	1095
prison term imposed upon the offender for one of those violations	1096
shall be served by the offender consecutively to the prison term	1097
or term of imprisonment the offender was serving when the offender	1098
committed that offense and to any other prison term previously or	1099
subsequently imposed upon the offender.	1100

(3) If a prison term is imposed for a violation of division	1101
(B) of section 2911.01 of the Revised Code, a violation of	1102
division (A) of section 2913.02 of the Revised Code in which the	1103
stolen property is a firearm or dangerous ordnance, or a felony	1104
violation of division (B) of section 2921.331 of the Revised Code,	1105
the offender shall serve that prison term consecutively to any	1106
other prison term or mandatory prison term previously or	1107
subsequently imposed upon the offender.	1108

(4) If multiple prison terms are imposed on an offender for	1109
convictions of multiple offenses, the court may require the	1110
offender to serve the prison terms consecutively if the court	1111
finds that the consecutive service is necessary to protect the	1112
public from future crime or to punish the offender and that	1113
consecutive sentences are not disproportionate to the seriousness	1114
of the offender's conduct and to the danger the offender poses to	1115
the public, and if the court also finds any of the following:	1116

(a) The offender committed one or more of the multiple	1117
offenses while the offender was awaiting trial or sentencing, was	1118
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1119
2929.18 of the Revised Code, or was under post-release control for	1120
a prior offense.	1121

(b) At least two of the multiple offenses were committed as	1122
part of one or more courses of conduct, and the harm caused by two	1123
or more of the multiple offenses so committed was so great or	1124
unusual that no single prison term for any of the offenses	1125
committed as part of any of the courses of conduct adequately	1126
reflects the seriousness of the offender's conduct.	1127

(c) The offender's history of criminal conduct demonstrates	1128
that consecutive sentences are necessary to protect the public	1129
from future crime by the offender.	1130

(5) If a mandatory prison term is imposed upon an offender	1131
pursuant to division (B)(5) or (6) of this section, the offender	1132
shall serve the mandatory prison term consecutively to and prior	1133
to any prison term imposed for the underlying violation of	1134
division (A)(1) or (2) of section 2903.06 of the Revised Code	1135
pursuant to division (A) of this section or section 2929.142 of	1136
the Revised Code. If a mandatory prison term is imposed upon an	1137
offender pursuant to division (B)(5) of this section, and if a	1138
mandatory prison term also is imposed upon the offender pursuant	1139
to division (B)(6) of this section in relation to the same	1140
violation, the offender shall serve the mandatory prison term	1141
imposed pursuant to division (B)(5) of this section consecutively	1142
to and prior to the mandatory prison term imposed pursuant to	1143
division (B)(6) of this section and consecutively to and prior to	1144
any prison term imposed for the underlying violation of division	1145
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	1146
division (A) of this section or section 2929.142 of the Revised	1147
Code.	1148

(6) When consecutive prison terms are imposed pursuant to	1149
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	1150
of this section, the term to be served is the aggregate of all of	1151
the terms so imposed.	1152

(D)(1) If a court imposes a prison term for a felony of the	1153
first degree, for a felony of the second degree, for a felony sex	1154
offense, or for a felony of the third degree that is not a felony	1155
sex offense and in the commission of which the offender caused or	1156
threatened to cause physical harm to a person, it shall include in	1157
the sentence a requirement that the offender be subject to a	1158
period of post-release control after the offender's release from	1159
imprisonment, in accordance with that division. If a court imposes	1160
a sentence including a prison term of a type described in this	1161
division on or after July 11, 2006, the failure of a court to	1162
include a post-release control requirement in the sentence	1163
pursuant to this division does not negate, limit, or otherwise	1164
affect the mandatory period of post-release control that is	1165
required for the offender under division (B) of section 2967.28 of	1166
the Revised Code. Section 2929.191 of the Revised Code applies if,	1167
prior to July 11, 2006, a court imposed a sentence including a	1168
prison term of a type described in this division and failed to	1169
include in the sentence pursuant to this division a statement	1170
regarding post-release control.	1171

(2) If a court imposes a prison term for a felony of the	1172
third, fourth, or fifth degree that is not subject to division	1173
(D)(1) of this section, it shall include in the sentence a	1174
requirement that the offender be subject to a period of	1175
post-release control after the offender's release from	1176
imprisonment, in accordance with that division, if the parole	1177
board determines that a period of post-release control is	1178
necessary. Section 2929.191 of the Revised Code applies if, prior	1179
to July 11, 2006, a court imposed a sentence including a prison	1180
term of a type described in this division and failed to include in	1181
the sentence pursuant to this division a statement regarding	1182
post-release control.	1183

(E) The court shall impose sentence upon the offender in	1184
accordance with section 2971.03 of the Revised Code, and Chapter	1185
2971. of the Revised Code applies regarding the prison term or	1186
term of life imprisonment without parole imposed upon the offender	1187
and the service of that term of imprisonment if any of the	1188
following apply:	1189

(1) A person is convicted of or pleads guilty to a violent	1190
sex offense or a designated homicide, assault, or kidnapping	1191
offense, and, in relation to that offense, the offender is	1192
adjudicated a sexually violent predator.	1193

(2) A person is convicted of or pleads guilty to a violation	1194
of division (A)(1)(b) of section 2907.02 of the Revised Code	1195
committed on or after January 2, 2007, and either the court does	1196
not impose a sentence of life without parole when authorized	1197
pursuant to division (B) of section 2907.02 of the Revised Code,	1198
or division (B) of section 2907.02 of the Revised Code provides	1199
that the court shall not sentence the offender pursuant to section	1200
2971.03 of the Revised Code.	1201

(3) A person is convicted of or pleads guilty to attempted	1202
rape committed on or after January 2, 2007, and a specification of	1203
the type described in section 2941.1418, 2941.1419, or 2941.1420	1204
of the Revised Code.	1205

(4) A person is convicted of or pleads guilty to a violation	1206
of section 2905.01 of the Revised Code committed on or after	1207
January 1, 2008, and that section requires the court to sentence	1208
the offender pursuant to section 2971.03 of the Revised Code.	1209

(5) A person is convicted of or pleads guilty to aggravated	1210
murder committed on or after January 1, 2008, and division	1211
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e)(g),	1212
(C)(1)(a)(v)(vii), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv)(vi), or	1213
(E)(1)(d)(6) of section 2929.03, or division (A) or (B) of section	1214
2929.06 of the Revised Code requires the court to sentence the	1215
offender pursuant to division (B)(3) of section 2971.03 of the	1216
Revised Code.	1217

(6) A person is convicted of or pleads guilty to murder	1218
committed on or after January 1, 2008, and division (B)(2) of	1219
section 2929.02 of the Revised Code requires the court to sentence	1220
the offender pursuant to section 2971.03 of the Revised Code.	1221

(F) If a person who has been convicted of or pleaded guilty	1222
to a felony is sentenced to a prison term or term of imprisonment	1223
under this section, sections 2929.02 to 2929.06 of the Revised	1224
Code, section 2929.142 of the Revised Code, section 2971.03 of the	1225
Revised Code, or any other provision of law, section 5120.163 of	1226
the Revised Code applies regarding the person while the person is	1227
confined in a state correctional institution.	1228

(G) If an offender who is convicted of or pleads guilty to a	1229
felony that is an offense of violence also is convicted of or	1230
pleads guilty to a specification of the type described in section	1231
2941.142 of the Revised Code that charges the offender with having	1232
committed the felony while participating in a criminal gang, the	1233
court shall impose upon the offender an additional prison term of	1234
one, two, or three years.	1235

(H)(1) If an offender who is convicted of or pleads guilty to	1236
aggravated murder, murder, or a felony of the first, second, or	1237
third degree that is an offense of violence also is convicted of	1238
or pleads guilty to a specification of the type described in	1239
section 2941.143 of the Revised Code that charges the offender	1240
with having committed the offense in a school safety zone or	1241
towards a person in a school safety zone, the court shall impose	1242
upon the offender an additional prison term of two years. The	1243
offender shall serve the additional two years consecutively to and	1244
prior to the prison term imposed for the underlying offense.	1245

(2)(a) If an offender is convicted of or pleads guilty to a	1246
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1247
of the Revised Code and to a specification of the type described	1248
in section 2941.1421 of the Revised Code and if the court imposes	1249
a prison term on the offender for the felony violation, the court	1250
may impose upon the offender an additional prison term as follows:	1251

(i) Subject to division (H)(2)(a)(ii) of this section, an	1252
additional prison term of one, two, three, four, five, or six	1253
months;	1254

(ii) If the offender previously has been convicted of or	1255
pleaded guilty to one or more felony or misdemeanor violations of	1256
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1257
Revised Code and also was convicted of or pleaded guilty to a	1258
specification of the type described in section 2941.1421 of the	1259
Revised Code regarding one or more of those violations, an	1260
additional prison term of one, two, three, four, five, six, seven,	1261
eight, nine, ten, eleven, or twelve months.	1262

(b) In lieu of imposing an additional prison term under	1263
division (H)(2)(a) of this section, the court may directly impose	1264
on the offender a sanction that requires the offender to wear a	1265
real-time processing, continual tracking electronic monitoring	1266
device during the period of time specified by the court. The	1267
period of time specified by the court shall equal the duration of	1268
an additional prison term that the court could have imposed upon	1269
the offender under division (H)(2)(a) of this section. A sanction	1270
imposed under this division shall commence on the date specified	1271
by the court, provided that the sanction shall not commence until	1272
after the offender has served the prison term imposed for the	1273
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1274
of the Revised Code and any residential sanction imposed for the	1275
violation under section 2929.16 of the Revised Code. A sanction	1276
imposed under this division shall be considered to be a community	1277
control sanction for purposes of section 2929.15 of the Revised	1278
Code, and all provisions of the Revised Code that pertain to	1279
community control sanctions shall apply to a sanction imposed	1280
under this division, except to the extent that they would by their	1281
nature be clearly inapplicable. The offender shall pay all costs	1282
associated with a sanction imposed under this division, including	1283
the cost of the use of the monitoring device.	1284

(I) At the time of sentencing, the court may recommend the	1285
offender for placement in a program of shock incarceration under	1286
section 5120.031 of the Revised Code or for placement in an	1287
intensive program prison under section 5120.032 of the Revised	1288
Code, disapprove placement of the offender in a program of shock	1289
incarceration or an intensive program prison of that nature, or	1290
make no recommendation on placement of the offender. In no case	1291
shall the department of rehabilitation and correction place the	1292
offender in a program or prison of that nature unless the	1293
department determines as specified in section 5120.031 or 5120.032	1294
of the Revised Code, whichever is applicable, that the offender is	1295
eligible for the placement.	1296

If the court disapproves placement of the offender in a	1297
program or prison of that nature, the department of rehabilitation	1298
and correction shall not place the offender in any program of	1299
shock incarceration or intensive program prison.	1300

If the court recommends placement of the offender in a	1301
program of shock incarceration or in an intensive program prison,	1302
and if the offender is subsequently placed in the recommended	1303
program or prison, the department shall notify the court of the	1304
placement and shall include with the notice a brief description of	1305
the placement.	1306

If the court recommends placement of the offender in a	1307
program of shock incarceration or in an intensive program prison	1308
and the department does not subsequently place the offender in the	1309
recommended program or prison, the department shall send a notice	1310
to the court indicating why the offender was not placed in the	1311
recommended program or prison.	1312

If the court does not make a recommendation under this	1313
division with respect to an offender and if the department	1314
determines as specified in section 5120.031 or 5120.032 of the	1315
Revised Code, whichever is applicable, that the offender is	1316
eligible for placement in a program or prison of that nature, the	1317
department shall screen the offender and determine if there is an	1318
available program of shock incarceration or an intensive program	1319
prison for which the offender is suited. If there is an available	1320
program of shock incarceration or an intensive program prison for	1321
which the offender is suited, the department shall notify the	1322
court of the proposed placement of the offender as specified in	1323
section 5120.031 or 5120.032 of the Revised Code and shall include	1324
with the notice a brief description of the placement. The court	1325
shall have ten days from receipt of the notice to disapprove the	1326
placement.	1327

(J) If a person is convicted of or pleads guilty to	1328
aggravated vehicular homicide in violation of division (A)(1) of	1329
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1330
section applies, the person shall be sentenced pursuant to section	1331
2929.142 of the Revised Code.	1332

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	1333
the Revised Code to an offender is precluded unless one of the	1334
following applies:	1335

(a) The offender is charged with a violent sex offense, and	1336
the indictment, count in the indictment, or information charging	1337
the violent sex offense also includes a specification that the	1338
offender is a sexually violent predator, or the offender is	1339
charged with a designated homicide, assault, or kidnapping	1340
offense, and the indictment, count in the indictment, or	1341
information charging the designated homicide, assault, or	1342
kidnapping offense also includes both a specification of the type	1343
described in section 2941.147 of the Revised Code and a	1344
specification that the offender is a sexually violent predator.	1345

(b) The offender is convicted of or pleads guilty to a	1346
violation of division (A)(1)(b) of section 2907.02 of the Revised	1347
Code committed on or after January 2, 2007, and division (B) of	1348
section 2907.02 of the Revised Code does not prohibit the court	1349
from sentencing the offender pursuant to section 2971.03 of the	1350
Revised Code.	1351

(c) The offender is convicted of or pleads guilty to	1352
attempted rape committed on or after January 2, 2007, and to a	1353
specification of the type described in section 2941.1418,	1354
2941.1419, or 2941.1420 of the Revised Code.	1355

(d) The offender is convicted of or pleads guilty to a	1356
violation of section 2905.01 of the Revised Code and to a	1357
specification of the type described in section 2941.147 of the	1358
Revised Code, and section 2905.01 of the Revised Code requires a	1359
court to sentence the offender pursuant to section 2971.03 of the	1360
Revised Code.	1361

(e) The offender is convicted of or pleads guilty to	1362
aggravated murder and to a specification of the type described in	1363
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	1364
of section 2929.022, division (A)(1)(e)(g), (C)(1)(a)(v)(vii),	1365
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv)(vi), or (E)(1)(d)(6) of	1366
section 2929.03, or division (A) or (B) of section 2929.06 of the	1367
Revised Code requires a court to sentence the offender pursuant to	1368
division (B)(3) of section 2971.03 of the Revised Code.	1369

(f) The offender is convicted of or pleads guilty to murder	1370
and to a specification of the type described in section 2941.147	1371
of the Revised Code, and division (B)(2) of section 2929.02 of the	1372
Revised Code requires a court to sentence the offender pursuant to	1373
section 2971.03 of the Revised Code.	1374

(2) A specification required under division (A)(1)(a) of this	1375
section that an offender is a sexually violent predator shall be	1376
stated at the end of the body of the indictment, count, or	1377
information and shall be stated in substantially the following	1378
form:	1379

"Specification (or, specification to the first count). The	1380
grand jury (or insert the person's or prosecuting attorney's name	1381
when appropriate) further find and specify that the offender is a	1382
sexually violent predator."	1383

(B) In determining for purposes of this section whether a	1384
person is a sexually violent predator, all of the factors set	1385
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	1386
Code that apply regarding the person may be considered as evidence	1387
tending to indicate that it is likely that the person will engage	1388
in the future in one or more sexually violent offenses.	1389

(C) As used in this section, "designated homicide, assault,	1390
or kidnapping offense," "violent sex offense," and "sexually	1391
violent predator" have the same meanings as in section 2971.01 of	1392
the Revised Code.	1393

Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of	1394
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	1395
another section of the Revised Code, other than divisions (B) and	1396
(C) of section 2929.14 of the Revised Code, that authorizes or	1397
requires a specified prison term or a mandatory prison term for a	1398
person who is convicted of or pleads guilty to a felony or that	1399
specifies the manner and place of service of a prison term or term	1400
of imprisonment, the court shall impose a sentence upon a person	1401
who is convicted of or pleads guilty to a violent sex offense and	1402
who also is convicted of or pleads guilty to a sexually violent	1403
predator specification that was included in the indictment, count	1404
in the indictment, or information charging that offense, and upon	1405
a person who is convicted of or pleads guilty to a designated	1406
homicide, assault, or kidnapping offense and also is convicted of	1407
or pleads guilty to both a sexual motivation specification and a	1408
sexually violent predator specification that were included in the	1409
indictment, count in the indictment, or information charging that	1410
offense, as follows:	1411

(1) If the offense for which the sentence is being imposed is	1412
aggravated murder and if the court does not impose upon the	1413
offender a sentence of death, it shall impose upon the offender a	1414
term of life imprisonment without parole. If the court sentences	1415
the offender to death and the sentence of death is vacated,	1416
overturned, or otherwise set aside, the court shall impose upon	1417
the offender a term of life imprisonment without parole.	1418

(2) If the offense for which the sentence is being imposed is	1419
murder; or if the offense is rape committed in violation of	1420
division (A)(1)(b) of section 2907.02 of the Revised Code when the	1421
offender purposely compelled the victim to submit by force or	1422
threat of force, when the victim was less than ten years of age,	1423
when the offender previously has been convicted of or pleaded	1424
guilty to either rape committed in violation of that division or a	1425
violation of an existing or former law of this state, another	1426
state, or the United States that is substantially similar to	1427
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	1428
the offender during or immediately after the commission of the	1429
rape caused serious physical harm to the victim; or if the offense	1430
is an offense other than aggravated murder or murder for which a	1431
term of life imprisonment may be imposed, it shall impose upon the	1432
offender a term of life imprisonment without parole.	1433

(3)(a) Except as otherwise provided in division (A)(3)(b),	1434
(c), (d), or (e) or (A)(4) of this section, if the offense for	1435
which the sentence is being imposed is an offense other than	1436
aggravated murder, murder, or rape and other than an offense for	1437
which a term of life imprisonment may be imposed, it shall impose	1438
an indefinite prison term consisting of a minimum term fixed by	1439
the court from among the range of terms available as a definite	1440
term for the offense, but not less than two years, and a maximum	1441
term of life imprisonment.	1442

(b) Except as otherwise provided in division (A)(4) of this	1443
section, if the offense for which the sentence is being imposed is	1444
kidnapping that is a felony of the first degree, it shall impose	1445
an indefinite prison term as follows:	1446

(i) If the kidnapping is committed on or after January 1,	1447
2008, and the victim of the offense is less than thirteen years of	1448
age, except as otherwise provided in this division, it shall	1449
impose an indefinite prison term consisting of a minimum term of	1450
fifteen years and a maximum term of life imprisonment. If the	1451
kidnapping is committed on or after January 1, 2008, the victim of	1452
the offense is less than thirteen years of age, and the offender	1453
released the victim in a safe place unharmed, it shall impose an	1454
indefinite prison term consisting of a minimum term of ten years	1455
and a maximum term of life imprisonment.	1456

(ii) If the kidnapping is committed prior to January 1, 2008,	1457
or division (A)(3)(b)(i) of this section does not apply, it shall	1458
impose an indefinite term consisting of a minimum term fixed by	1459
the court that is not less than ten years and a maximum term of	1460
life imprisonment.	1461

(c) Except as otherwise provided in division (A)(4) of this	1462
section, if the offense for which the sentence is being imposed is	1463
kidnapping that is a felony of the second degree, it shall impose	1464
an indefinite prison term consisting of a minimum term fixed by	1465
the court that is not less than eight years, and a maximum term of	1466
life imprisonment.	1467

(d) Except as otherwise provided in division (A)(4) of this	1468
section, if the offense for which the sentence is being imposed is	1469
rape for which a term of life imprisonment is not imposed under	1470
division (A)(2) of this section or division (B) of section 2907.02	1471
of the Revised Code, it shall impose an indefinite prison term as	1472
follows:	1473

(i) If the rape is committed on or after January 2, 2007, in	1474
violation of division (A)(1)(b) of section 2907.02 of the Revised	1475
Code, it shall impose an indefinite prison term consisting of a	1476
minimum term of twenty-five years and a maximum term of life	1477
imprisonment.	1478

(ii) If the rape is committed prior to January 2, 2007, or	1479
the rape is committed on or after January 2, 2007, other than in	1480
violation of division (A)(1)(b) of section 2907.02 of the Revised	1481
Code, it shall impose an indefinite prison term consisting of a	1482
minimum term fixed by the court that is not less than ten years,	1483
and a maximum term of life imprisonment.	1484

(e) Except as otherwise provided in division (A)(4) of this	1485
section, if the offense for which sentence is being imposed is	1486
attempted rape, it shall impose an indefinite prison term as	1487
follows:	1488

(i) Except as otherwise provided in division (A)(3)(e)(ii),	1489
(iii), or (iv) of this section, it shall impose an indefinite	1490
prison term pursuant to division (A)(3)(a) of this section.	1491

(ii) If the attempted rape for which sentence is being	1492
imposed was committed on or after January 2, 2007, and if the	1493
offender also is convicted of or pleads guilty to a specification	1494
of the type described in section 2941.1418 of the Revised Code, it	1495
shall impose an indefinite prison term consisting of a minimum	1496
term of five years and a maximum term of twenty-five years.	1497

(iii) If the attempted rape for which sentence is being	1498
imposed was committed on or after January 2, 2007, and if the	1499
offender also is convicted of or pleads guilty to a specification	1500
of the type described in section 2941.1419 of the Revised Code, it	1501
shall impose an indefinite prison term consisting of a minimum	1502
term of ten years and a maximum of life imprisonment.	1503

(iv) If the attempted rape for which sentence is being	1504
imposed was committed on or after January 2, 2007, and if the	1505
offender also is convicted of or pleads guilty to a specification	1506
of the type described in section 2941.1420 of the Revised Code, it	1507
shall impose an indefinite prison term consisting of a minimum	1508
term of fifteen years and a maximum of life imprisonment.	1509

(4) For any offense for which the sentence is being imposed,	1510
if the offender previously has been convicted of or pleaded guilty	1511
to a violent sex offense and also to a sexually violent predator	1512
specification that was included in the indictment, count in the	1513
indictment, or information charging that offense, or previously	1514
has been convicted of or pleaded guilty to a designated homicide,	1515
assault, or kidnapping offense and also to both a sexual	1516
motivation specification and a sexually violent predator	1517
specification that were included in the indictment, count in the	1518
indictment, or information charging that offense, it shall impose	1519
upon the offender a term of life imprisonment without parole.	1520

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	1521
of section 2929.14, or another section of the Revised Code other	1522
than division (B) of section 2907.02 or divisions (B) and (C) of	1523
section 2929.14 of the Revised Code that authorizes or requires a	1524
specified prison term or a mandatory prison term for a person who	1525
is convicted of or pleads guilty to a felony or that specifies the	1526
manner and place of service of a prison term or term of	1527
imprisonment, if a person is convicted of or pleads guilty to a	1528
violation of division (A)(1)(b) of section 2907.02 of the Revised	1529
Code committed on or after January 2, 2007, if division (A) of	1530
this section does not apply regarding the person, and if the court	1531
does not impose a sentence of life without parole when authorized	1532
pursuant to division (B) of section 2907.02 of the Revised Code,	1533
the court shall impose upon the person an indefinite prison term	1534
consisting of one of the following:	1535

(a) Except as otherwise required in division (B)(1)(b) or (c)	1536
of this section, a minimum term of ten years and a maximum term of	1537
life imprisonment.	1538

(b) If the victim was less than ten years of age, a minimum	1539
term of fifteen years and a maximum of life imprisonment.	1540

(c) If the offender purposely compels the victim to submit by	1541
force or threat of force, or if the offender previously has been	1542
convicted of or pleaded guilty to violating division (A)(1)(b) of	1543
section 2907.02 of the Revised Code or to violating an existing or	1544
former law of this state, another state, or the United States that	1545
is substantially similar to division (A)(1)(b) of that section, or	1546
if the offender during or immediately after the commission of the	1547
offense caused serious physical harm to the victim, a minimum term	1548
of twenty-five years and a maximum of life imprisonment.	1549

(2) Notwithstanding section 2929.13, division (A) or (D) of	1550
section 2929.14, or another section of the Revised Code other than	1551
divisions (B) and (C) of section 2929.14 of the Revised Code that	1552
authorizes or requires a specified prison term or a mandatory	1553
prison term for a person who is convicted of or pleads guilty to a	1554
felony or that specifies the manner and place of service of a	1555
prison term or term of imprisonment and except as otherwise	1556
provided in division (B) of section 2907.02 of the Revised Code,	1557
if a person is convicted of or pleads guilty to attempted rape	1558
committed on or after January 2, 2007, and if division (A) of this	1559
section does not apply regarding the person, the court shall	1560
impose upon the person an indefinite prison term consisting of one	1561
of the following:	1562

(a) If the person also is convicted of or pleads guilty to a	1563
specification of the type described in section 2941.1418 of the	1564
Revised Code, the court shall impose upon the person an indefinite	1565
prison term consisting of a minimum term of five years and a	1566
maximum term of twenty-five years.	1567

(b) If the person also is convicted of or pleads guilty to a	1568
specification of the type described in section 2941.1419 of the	1569
Revised Code, the court shall impose upon the person an indefinite	1570
prison term consisting of a minimum term of ten years and a	1571
maximum term of life imprisonment.	1572

(c) If the person also is convicted of or pleads guilty to a	1573
specification of the type described in section 2941.1420 of the	1574
Revised Code, the court shall impose upon the person an indefinite	1575
prison term consisting of a minimum term of fifteen years and a	1576
maximum term of life imprisonment.	1577

(3) Notwithstanding section 2929.13, division (A) or (D) of	1578
section 2929.14, or another section of the Revised Code other than	1579
divisions (B) and (C) of section 2929.14 of the Revised Code that	1580
authorizes or requires a specified prison term or a mandatory	1581
prison term for a person who is convicted of or pleads guilty to a	1582
felony or that specifies the manner and place of service of a	1583
prison term or term of imprisonment, if a person is convicted of	1584
or pleads guilty to an offense described in division (B)(3)(a),	1585
(b), (c), or (d) of this section committed on or after January 1,	1586
2008, if the person also is convicted of or pleads guilty to a	1587
sexual motivation specification that was included in the	1588
indictment, count in the indictment, or information charging that	1589
offense, and if division (A) of this section does not apply	1590
regarding the person, the court shall impose upon the person an	1591
indefinite prison term consisting of one of the following:	1592

(a) An indefinite prison term consisting of a minimum of ten	1593
years and a maximum term of life imprisonment if the offense for	1594
which the sentence is being imposed is kidnapping, the victim of	1595
the offense is less than thirteen years of age, and the offender	1596
released the victim in a safe place unharmed;	1597

(b) An indefinite prison term consisting of a minimum of	1598
fifteen years and a maximum term of life imprisonment if the	1599
offense for which the sentence is being imposed is kidnapping when	1600
the victim of the offense is less than thirteen years of age and	1601
division (B)(3)(a) of this section does not apply;	1602

(c) An indefinite term consisting of a minimum of thirty	1603
years and a maximum term of life imprisonment if the offense for	1604
which the sentence is being imposed is aggravated murder, when the	1605
victim of the offense is less than thirteen years of age, a	1606
sentence of death or life imprisonment without parole is not	1607
imposed for the offense, and division (A)(2)(b)(ii) of section	1608
2929.022, division (A)(1)(e)(g), (C)(1)(a)(v)(vii), (C)(2)(a)(ii),	1609
(D)(2)(b), (D)(3)(a)(iv)(vi), or (E)(1)(d)(6) of section 2929.03,	1610
or division (A) or (B) of section 2929.06 of the Revised Code	1611
requires that the sentence for the offense be imposed pursuant to	1612
this division;	1613

(d) An indefinite prison term consisting of a minimum of	1614
thirty years and a maximum term of life imprisonment if the	1615
offense for which the sentence is being imposed is murder when the	1616
victim of the offense is less than thirteen years of age.	1617

(C)(1) If the offender is sentenced to a prison term pursuant	1618
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1619
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	1620
board shall have control over the offender's service of the term	1621
during the entire term unless the parole board terminates its	1622
control in accordance with section 2971.04 of the Revised Code.	1623

(2) Except as provided in division (C)(3) of this section, an	1624
offender sentenced to a prison term or term of life imprisonment	1625
without parole pursuant to division (A) of this section shall	1626
serve the entire prison term or term of life imprisonment in a	1627
state correctional institution. The offender is not eligible for	1628
judicial release under section 2929.20 of the Revised Code.	1629

(3) For a prison term imposed pursuant to division (A)(3),	1630
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1631
(c), or (d) of this section, the court, in accordance with section	1632
2971.05 of the Revised Code, may terminate the prison term or	1633
modify the requirement that the offender serve the entire term in	1634
a state correctional institution if all of the following apply:	1635

(a) The offender has served at least the minimum term imposed	1636
as part of that prison term.	1637

(b) The parole board, pursuant to section 2971.04 of the	1638
Revised Code, has terminated its control over the offender's	1639
service of that prison term.	1640

(c) The court has held a hearing and found, by clear and	1641
convincing evidence, one of the following:	1642

(i) In the case of termination of the prison term, that the	1643
offender is unlikely to commit a sexually violent offense in the	1644
future;	1645

(ii) In the case of modification of the requirement, that the	1646
offender does not represent a substantial risk of physical harm to	1647
others.	1648

(4) An offender who has been sentenced to a term of life	1649
imprisonment without parole pursuant to division (A)(1), (2), or	1650
(4) of this section shall not be released from the term of life	1651
imprisonment or be permitted to serve a portion of it in a place	1652
other than a state correctional institution.	1653

(D) If a court sentences an offender to a prison term or term	1654
of life imprisonment without parole pursuant to division (A) of	1655
this section and the court also imposes on the offender one or	1656
more additional prison terms pursuant to division (B) of section	1657
2929.14 of the Revised Code, all of the additional prison terms	1658
shall be served consecutively with, and prior to, the prison term	1659
or term of life imprisonment without parole imposed upon the	1660
offender pursuant to division (A) of this section.	1661

(E) If the offender is convicted of or pleads guilty to two	1662
or more offenses for which a prison term or term of life	1663
imprisonment without parole is required to be imposed pursuant to	1664
division (A) of this section, divisions (A) to (D) of this section	1665
shall be applied for each offense. All minimum terms imposed upon	1666
the offender pursuant to division (A)(3) or (B) of this section	1667
for those offenses shall be aggregated and served consecutively,	1668
as if they were a single minimum term imposed under that division.	1669

(F)(1) If an offender is convicted of or pleads guilty to a	1670
violent sex offense and also is convicted of or pleads guilty to a	1671
sexually violent predator specification that was included in the	1672
indictment, count in the indictment, or information charging that	1673
offense, or is convicted of or pleads guilty to a designated	1674
homicide, assault, or kidnapping offense and also is convicted of	1675
or pleads guilty to both a sexual motivation specification and a	1676
sexually violent predator specification that were included in the	1677
indictment, count in the indictment, or information charging that	1678
offense, the conviction of or plea of guilty to the offense and	1679
the sexually violent predator specification automatically	1680
classifies the offender as a tier III sex offender/child-victim	1681
offender for purposes of Chapter 2950. of the Revised Code.	1682

(2) If an offender is convicted of or pleads guilty to	1683
committing on or after January 2, 2007, a violation of division	1684
(A)(1)(b) of section 2907.02 of the Revised Code and either the	1685
offender is sentenced under section 2971.03 of the Revised Code or	1686
a sentence of life without parole is imposed under division (B) of	1687
section 2907.02 of the Revised Code, the conviction of or plea of	1688
guilty to the offense automatically classifies the offender as a	1689
tier III sex offender/child-victim offender for purposes of	1690
Chapter 2950. of the Revised Code.	1691

(3) If a person is convicted of or pleads guilty to	1692
committing on or after January 2, 2007, attempted rape and also is	1693
convicted of or pleads guilty to a specification of the type	1694
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1695
Revised Code, the conviction of or plea of guilty to the offense	1696
and the specification automatically classify the offender as a	1697
tier III sex offender/child-victim offender for purposes of	1698
Chapter 2950. of the Revised Code.	1699

(4) If a person is convicted of or pleads guilty to one of	1700
the offenses described in division (B)(3)(a), (b), (c), or (d) of	1701
this section and a sexual motivation specification related to the	1702
offense and the victim of the offense is less than thirteen years	1703
of age, the conviction of or plea of guilty to the offense	1704
automatically classifies the offender as a tier III sex	1705
offender/child-victim offender for purposes of Chapter 2950. of	1706
the Revised Code.	1707

Sec. 2971.07.  (A) This chapter does not apply to any	1708
offender unless the offender is one of the following:	1709

(1) The offender is convicted of or pleads guilty to a	1710
violent sex offense and also is convicted of or pleads guilty to a	1711
sexually violent predator specification that was included in the	1712
indictment, count in the indictment, or information charging that	1713
offense.	1714

(2) The offender is convicted of or pleads guilty to a	1715
designated homicide, assault, or kidnapping offense and also is	1716
convicted of or pleads guilty to both a sexual motivation	1717
specification and a sexually violent predator specification that	1718
were included in the indictment, count in the indictment, or	1719
information charging that offense.	1720

(3) The offender is convicted of or pleads guilty to a	1721
violation of division (A)(1)(b) of section 2907.02 of the Revised	1722
Code committed on or after January 2, 2007, and the court does not	1723
sentence the offender to a term of life without parole pursuant to	1724
division (B) of section 2907.02 of the Revised Code or division	1725
(B) of that section prohibits the court from sentencing the	1726
offender pursuant to section 2971.03 of the Revised Code.	1727

(4) The offender is convicted of or pleads guilty to	1728
attempted rape committed on or after January 2, 2007, and also is	1729
convicted of or pleads guilty to a specification of the type	1730
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1731
Revised Code.	1732

(5) The offender is convicted of or pleads guilty to a	1733
violation of section 2905.01 of the Revised Code and also is	1734
convicted of or pleads guilty to a sexual motivation specification	1735
that was included in the indictment, count in the indictment, or	1736
information charging that offense, and that section requires a	1737
court to sentence the offender pursuant to section 2971.03 of the	1738
Revised Code.	1739

(6) The offender is convicted of or pleads guilty to	1740
aggravated murder and also is convicted of or pleads guilty to a	1741
sexual motivation specification that was included in the	1742
indictment, count in the indictment, or information charging that	1743
offense, and division (A)(2)(b)(ii) of section 2929.022, division	1744
(A)(1)(e)(g), (C)(1)(a)(v)(vii), (C)(2)(a)(ii), (D)(2)(b),	1745
(D)(3)(a)(iv)(vi), or (E)(1)(d)(6) of section 2929.03, or division	1746
(A) or (B) of section 2929.06 of the Revised Code requires a court	1747
to sentence the offender pursuant to division (B)(3) of section	1748
2971.03 of the Revised Code.	1749

(7) The offender is convicted of or pleads guilty to murder	1750
and also is convicted of or pleads guilty to a sexual motivation	1751
specification that was included in the indictment, count in the	1752
indictment, or information charging that offense, and division	1753
(B)(2) of section 2929.02 of the Revised Code requires a court to	1754
sentence the offender pursuant to section 2971.03 of the Revised	1755
Code.	1756

(B) This chapter does not limit or affect a court in imposing	1757
upon an offender described in divisions (A)(1) to (9) of this	1758
section any financial sanction under section 2929.18 or any other	1759
section of the Revised Code, or, except as specifically provided	1760
in this chapter, any other sanction that is authorized or required	1761
for the offense or violation by any other provision of law.	1762

(C) If an offender is sentenced to a prison term under	1763
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1764
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1765
Code and if, pursuant to section 2971.05 of the Revised Code, the	1766
court modifies the requirement that the offender serve the entire	1767
prison term in a state correctional institution or places the	1768
offender on conditional release that involves the placement of the	1769
offender under the supervision of the adult parole authority,	1770
authorized field officers of the authority who are engaged within	1771
the scope of their supervisory duties or responsibilities may	1772
search, with or without a warrant, the person of the offender, the	1773
place of residence of the offender, and a motor vehicle, another	1774
item of tangible or intangible personal property, or any other	1775
real property in which the offender has the express or implied	1776
permission of a person with a right, title, or interest to use,	1777
occupy, or possess if the field officer has reasonable grounds to	1778
believe that the offender is not abiding by the law or otherwise	1779
is not complying with the terms and conditions of the offender's	1780
modification or release. The authority shall provide each offender	1781
with a written notice that informs the offender that authorized	1782
field officers of the authority who are engaged within the scope	1783
of their supervisory duties or responsibilities may conduct those	1784
types of searches during the period of the modification or release	1785
if they have reasonable grounds to believe that the offender is	1786
not abiding by the law or otherwise is not complying with the	1787
terms and conditions of the offender's modification or release.	1788

Sec. 5120.61.  (A)(1) Not later than ninety days after	1789
January 1, 1997, the department of rehabilitation and correction	1790
shall adopt standards that it will use under this section to	1791
assess the following criminal offenders and may periodically	1792
revise the standards:	1793

(a) A criminal offender who is convicted of or pleads guilty	1794
to a violent sex offense or designated homicide, assault, or	1795
kidnapping offense and is adjudicated a sexually violent predator	1796
in relation to that offense;	1797

(b) A criminal offender who is convicted of or pleads guilty	1798
to a violation of division (A)(1)(b) of section 2907.02 of the	1799
Revised Code committed on or after January 2, 2007, and either who	1800
is sentenced under section 2971.03 of the Revised Code or upon	1801
whom a sentence of life without parole is imposed under division	1802
(B) of section 2907.02 of the Revised Code;	1803

(c) A criminal offender who is convicted of or pleads guilty	1804
to attempted rape committed on or after January 2, 2007, and a	1805
specification of the type described in section 2941.1418,	1806
2941.1419, or 2941.1420 of the Revised Code;	1807

(d) A criminal offender who is convicted of or pleads guilty	1808
to a violation of section 2905.01 of the Revised Code and also is	1809
convicted of or pleads guilty to a sexual motivation specification	1810
that was included in the indictment, count in the indictment, or	1811
information charging that offense, and who is sentenced pursuant	1812
to section 2971.03 of the Revised Code;	1813

(e) A criminal offender who is convicted of or pleads guilty	1814
to aggravated murder and also is convicted of or pleads guilty to	1815
a sexual motivation specification that was included in the	1816
indictment, count in the indictment, or information charging that	1817
offense, and who pursuant to division (A)(2)(b)(ii) of section	1818
2929.022, division (A)(1)(e)(g), (C)(1)(a)(v)(vii), (C)(2)(a)(ii),	1819
(D)(2)(b), (D)(3)(a)(iv)(vi), or (E)(1)(d)(6) of section 2929.03,	1820
or division (A) or (B) of section 2929.06 of the Revised Code is	1821
sentenced pursuant to division (B)(3) of section 2971.03 of the	1822
Revised Code;	1823

(f) A criminal offender who is convicted of or pleads guilty	1824
to murder and also is convicted of or pleads guilty to a sexual	1825
motivation specification that was included in the indictment,	1826
count in the indictment, or information charging that offense, and	1827
who pursuant to division (B)(2) of section 2929.02 of the Revised	1828
Code is sentenced pursuant to section 2971.03 of the Revised Code.	1829

(2) When the department is requested by the parole board or	1830
the court to provide a risk assessment report of the offender	1831
under section 2971.04 or 2971.05 of the Revised Code, it shall	1832
assess the offender and complete the assessment as soon as	1833
possible after the offender has commenced serving the prison term	1834
or term of life imprisonment without parole imposed under division	1835
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1836
(b), (c), or (d) of section 2971.03 of the Revised Code.	1837
Thereafter, the department shall update a risk assessment report	1838
pertaining to an offender as follows:	1839

(a) Periodically, in the discretion of the department,	1840
provided that each report shall be updated no later than two years	1841
after its initial preparation or most recent update;	1842

(b) Upon the request of the parole board for use in	1843
determining pursuant to section 2971.04 of the Revised Code	1844
whether it should terminate its control over an offender's service	1845
of a prison term imposed upon the offender under division (A)(3),	1846
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1847
(c), or (d) of section 2971.03 of the Revised Code;	1848

(c) Upon the request of the court.

1849

(3) After the department of rehabilitation and correction	1850
assesses an offender pursuant to division (A)(2) of this section,	1851
it shall prepare a report that contains its risk assessment for	1852
the offender or, if a risk assessment report previously has been	1853
prepared, it shall update the risk assessment report.	1854

(4) The department of rehabilitation and correction shall	1855
provide each risk assessment report that it prepares or updates	1856
pursuant to this section regarding an offender to all of the	1857
following:	1858

(a) The parole board for its use in determining pursuant to	1859
section 2971.04 of the Revised Code whether it should terminate	1860
its control over an offender's service of a prison term imposed	1861
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	1862
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1863
2971.03 of the Revised Code, if the parole board has not	1864
terminated its control over the offender;	1865

(b) The court for use in determining, pursuant to section	1866
2971.05 of the Revised Code, whether to modify the requirement	1867
that the offender serve the entire prison term imposed upon the	1868
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	1869
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	1870
the Revised Code in a state correctional institution, whether to	1871
revise any modification previously made, or whether to terminate	1872
the prison term;	1873

(c) The prosecuting attorney who prosecuted the case, or the	1874
successor in office to that prosecuting attorney;	1875

(d) The offender.

1876

(B) When the department of rehabilitation and correction	1877
provides a risk assessment report regarding an offender to the	1878
parole board or court pursuant to division (A)(4)(a) or (b) of	1879
this section, the department, prior to the parole board's or	1880
court's hearing, also shall provide to the offender or to the	1881
offender's attorney of record a copy of the report and a copy of	1882
any other relevant documents the department possesses regarding	1883
the offender that the department does not consider to be	1884
confidential.	1885

(C) As used in this section:

1886

(1) "Adjudicated a sexually violent predator" has the same	1887
meaning as in section 2929.01 of the Revised Code, and a person is	1888
"adjudicated a sexually violent predator" in the same manner and	1889
the same circumstances as are described in that section.	1890

(2) "Designated homicide, assault, or kidnapping offense" and	1891
"violent sex offense" have the same meanings as in section 2971.01	1892
of the Revised Code.	1893

Section 2.  That existing sections 2929.03, 2929.04, 2929.06,	1894
2929.14, 2941.148, 2971.03, 2971.07, and 5120.61 of the Revised	1895
Code are hereby repealed.	1896

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

1897