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


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
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 646


Representative Maag 

Cosponsors: Representatives Adams, R., Becker, Henne 



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 twenty20
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-five23
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 thirty26
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 twenty92
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 serving95
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 thirty98
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-five142
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-five253
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 serving319
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 thirty322
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-five364
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 thirty367
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

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