| Sec. 2152.17. (A) Subject to division (D) of this section, | 10 |
|
if a child is adjudicated a delinquent child for committing an | 11 |
|
act, other than a violation of section 2923.12 of the Revised | 12 |
|
Code, that would be a felony if committed by an adult and if the | 13 |
|
court determines that, if the child was an adult, the child would | 14 |
|
be guilty of a specification of the type set forth in section | 15 |
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or | 16 |
|
2941.1415, or 2941.1424 of the Revised Code, in addition to any | 17 |
|
commitment or other disposition the court imposes for the | 18 |
|
underlying delinquent act, all of the following apply: | 19 |
| (2) If the court determines that the child would be guilty of | 25 |
|
a specification of the type set forth in section 2941.145 of the | 26 |
|
Revised Code or if the delinquent act is a violation of division | 27 |
|
(A)(1) or (2) of section 2903.06 of the Revised Code and the court | 28 |
|
determines that the child would be guilty of a specification of | 29 |
|
the type set forth in section 2941.1415 of the Revised Code, the | 30 |
|
court shall commit the child to the department of youth services | 31 |
|
for the specification for a definite period of not less than one | 32 |
|
and not more than three years, and the court also shall commit the | 33 |
|
child to the department for the underlying delinquent act under | 34 |
|
sections 2152.11 to 2152.16 of the Revised Code. | 35 |
| (3) If the court determines that the child would be guilty of | 36 |
|
a specification of the type set forth in section 2941.144, | 37 |
2941.146, or 2941.1412, or 2941.1424 of the Revised Code or if the | 38 |
|
delinquent act is a violation of division (A)(1) or (2) of section | 39 |
|
2903.06 of the Revised Code and the court determines that the | 40 |
|
child would be guilty of a specification of the type set forth in | 41 |
|
section 2941.1414 of the Revised Code, the court shall commit the | 42 |
|
child to the department of youth services for the specification | 43 |
|
for a definite period of not less than one and not more than five | 44 |
|
years, and the court also shall commit the child to the department | 45 |
|
for the underlying delinquent act under sections 2152.11 to | 46 |
|
2152.16 of the Revised Code. | 47 |
| (B)(1) If a child is adjudicated a delinquent child for | 48 |
|
committing an act, other than a violation of section 2923.12 of | 49 |
|
the Revised Code, that would be a felony if committed by an adult, | 50 |
|
if the court determines that the child is complicit in another | 51 |
|
person's conduct that is of such a nature that the other person | 52 |
|
would be guilty of a specification of the type set forth in | 53 |
|
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised | 54 |
|
Code if the other person was an adult, if the other person's | 55 |
|
conduct relates to the child's underlying delinquent act, and if | 56 |
|
the child did not furnish, use, or dispose of any firearm that was | 57 |
|
involved with the underlying delinquent act or with the other | 58 |
|
person's specification-related conduct, in addition to any other | 59 |
|
disposition the court imposes for the underlying delinquent act, | 60 |
|
the court may commit the child to the department of youth services | 61 |
|
for the specification for a definite period of not more than one | 62 |
|
year, subject to division (D)(2) of this section. | 63 |
| (C) If a child is adjudicated a delinquent child for | 70 |
|
committing an act that would be aggravated murder, murder, or a | 71 |
|
first, second, or third degree felony offense of violence if | 72 |
|
committed by an adult and if the court determines that, if the | 73 |
|
child was an adult, the child would be guilty of a specification | 74 |
|
of the type set forth in section 2941.142 of the Revised Code in | 75 |
|
relation to the act for which the child was adjudicated a | 76 |
|
delinquent child, the court shall commit the child for the | 77 |
|
specification to the legal custody of the department of youth | 78 |
|
services for institutionalization in a secure facility for a | 79 |
|
definite period of not less than one and not more than three | 80 |
|
years, subject to division (D)(2) of this section, and the court | 81 |
|
also shall commit the child to the department for the underlying | 82 |
|
delinquent act. | 83 |
| (D)(1) If the child is adjudicated a delinquent child for | 84 |
|
committing an act that would be an offense of violence that is a | 85 |
|
felony if committed by an adult and is committed to the legal | 86 |
|
custody of the department of youth services pursuant to division | 87 |
|
(A)(1) of section 2152.16 of the Revised Code and if the court | 88 |
|
determines that the child, if the child was an adult, would be | 89 |
|
guilty of a specification of the type set forth in section | 90 |
|
2941.1411 of the Revised Code in relation to the act for which the | 91 |
|
child was adjudicated a delinquent child, the court may commit the | 92 |
|
child to the custody of the department of youth services for | 93 |
|
institutionalization in a secure facility for up to two years, | 94 |
|
subject to division (D)(2) of this section. | 95 |
| (2) A court that imposes a period of commitment under | 96 |
|
division (A) of this section is not precluded from imposing an | 97 |
|
additional period of commitment under division (C) or (D)(1) of | 98 |
|
this section, a court that imposes a period of commitment under | 99 |
|
division (C) of this section is not precluded from imposing an | 100 |
|
additional period of commitment under division (A) or (D)(1) of | 101 |
|
this section, and a court that imposes a period of commitment | 102 |
|
under division (D)(1) of this section is not precluded from | 103 |
|
imposing an additional period of commitment under division (A) or | 104 |
|
(C) of this section. | 105 |
| (E) The court shall not commit a child to the legal custody | 106 |
|
of the department of youth services for a specification pursuant | 107 |
|
to this section for a period that exceeds five years for any one | 108 |
|
delinquent act. Any commitment imposed pursuant to division (A), | 109 |
|
(B), (C), or (D)(1) of this section shall be in addition to, and | 110 |
|
shall be served consecutively with and prior to, a period of | 111 |
|
commitment ordered under this chapter for the underlying | 112 |
|
delinquent act, and each commitment imposed pursuant to division | 113 |
|
(A), (B), (C), or (D)(1) of this section shall be in addition to, | 114 |
|
and shall be served consecutively with, any other period of | 115 |
|
commitment imposed under those divisions. If a commitment is | 116 |
|
imposed under division (A) or (B) of this section and a commitment | 117 |
|
also is imposed under division (C) of this section, the period | 118 |
|
imposed under division (A) or (B) of this section shall be served | 119 |
|
prior to the period imposed under division (C) of this section. | 120 |
| (F) If a child is adjudicated a delinquent child for | 128 |
|
committing two or more acts that would be felonies if committed by | 129 |
|
an adult and if the court entering the delinquent child | 130 |
|
adjudication orders the commitment of the child for two or more of | 131 |
|
those acts to the legal custody of the department of youth | 132 |
|
services for institutionalization in a secure facility pursuant to | 133 |
|
section 2152.13 or 2152.16 of the Revised Code, the court may | 134 |
|
order that all of the periods of commitment imposed under those | 135 |
|
sections for those acts be served consecutively in the legal | 136 |
|
custody of the department of youth services, provided that those | 137 |
|
periods of commitment shall be in addition to and commence | 138 |
|
immediately following the expiration of a period of commitment | 139 |
|
that the court imposes pursuant to division (A), (B), (C), or | 140 |
|
(D)(1) of this section. A court shall not commit a delinquent | 141 |
|
child to the legal custody of the department of youth services | 142 |
|
under this division for a period that exceeds the child's | 143 |
|
attainment of twenty-one years of age. | 144 |
| (3) The act would be a felony if committed by an adult, and | 154 |
|
the court determined that the child, if an adult, would be guilty | 155 |
of a specification found in section 2941.141, 2941.144, or | 156 |
|
2941.145, or 2941.1424 of the Revised Code or in another section | 157 |
|
of the Revised Code that relates to the possession or use of a | 158 |
|
firearm during the commission of the act for which the child was | 159 |
|
adjudicated a delinquent child. | 160 |
| (B)(1) Except as provided in division (E) of this section, a | 168 |
|
public children services agency, private child placing agency, | 169 |
|
private noncustodial agency, or court, the department of youth | 170 |
|
services, or another private or government entity shall not place | 171 |
|
a child in a certified foster home or for adoption until it | 172 |
|
provides the foster caregivers or prospective adoptive parents | 173 |
|
with all of the following: | 174 |
| (d) The substantial and material conclusions and | 183 |
|
recommendations of any psychiatric or psychological examination | 184 |
|
conducted on the child or, if no psychological or psychiatric | 185 |
|
examination of the child is available, the substantial and | 186 |
|
material conclusions and recommendations of an examination to | 187 |
|
detect mental and emotional disorders conducted in compliance with | 188 |
|
the requirements of Chapter 4757. of the Revised Code by an | 189 |
|
independent social worker, social worker, professional clinical | 190 |
|
counselor, or professional counselor licensed under that chapter. | 191 |
|
The entity shall not provide any part of a psychological, | 192 |
|
psychiatric, or mental and emotional disorder examination to the | 193 |
|
foster caregivers or prospective adoptive parents other than the | 194 |
|
substantial and material conclusions. | 195 |
| (2) When a juvenile court grants temporary or permanent | 224 |
|
custody of a child pursuant to any section of the Revised Code, | 225 |
|
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the | 226 |
|
Revised Code, to a public children services agency or private | 227 |
|
child placing agency, the court shall provide the agency the | 228 |
|
information described in division (B) of this section, pay the | 229 |
|
expenses of preparing that information, and, if a new examination | 230 |
|
is required to be conducted, pay the expenses of conducting the | 231 |
|
examination described in division (C) of this section. On receipt | 232 |
|
of the information described in division (B) of this section, the | 233 |
|
agency shall provide to the court written acknowledgment that the | 234 |
|
agency received the information. The court shall keep the | 235 |
|
acknowledgment and provide a copy to the agency. On the motion of | 236 |
|
the agency, the court may terminate the order granting temporary | 237 |
|
or permanent custody of the child to that agency, if the court | 238 |
|
does not provide the information described in division (B) of this | 239 |
|
section. | 240 |
| (3) If one of the following entities is placing a child in a | 241 |
|
certified foster home or for adoption with the assistance of or by | 242 |
|
contracting with a public children services agency, private child | 243 |
|
placing agency, or a private noncustodial agency, the entity shall | 244 |
|
provide the agency with the information described in division (B) | 245 |
|
of this section, pay the expenses of preparing that information, | 246 |
|
and, if a new examination is required to be conducted, pay the | 247 |
|
expenses of conducting the examination described in division (C) | 248 |
|
of this section: | 249 |
| The agency receiving the information described in division | 258 |
(B) of this section shall provide the entity described in division | 259 |
| divisions (D)(3)(a) to (c) of this section that sent the | 260 |
|
information written acknowledgment that the agency received the | 261 |
|
information and provided it to the foster caregivers or | 262 |
|
prospective adoptive parents. The entity shall keep the | 263 |
|
acknowledgment and provide a copy to the agency. An entity that | 264 |
|
places a child in a certified foster home or for adoption with the | 265 |
|
assistance of or by contracting with an agency remains responsible | 266 |
|
to provide the information described in division (B) of this | 267 |
|
section to the foster caregivers or prospective adoptive parents | 268 |
|
unless the entity receives written acknowledgment that the agency | 269 |
|
provided the information. | 270 |
| (E) If a child is placed in a certified foster home as a | 271 |
|
result of an emergency removal of the child from home pursuant to | 272 |
|
division (D) of section 2151.31 of the Revised Code, an emergency | 273 |
|
change in the child's case plan pursuant to division (F)(3) of | 274 |
|
section 2151.412 of the Revised Code, or an emergency placement by | 275 |
|
the department of youth services pursuant to this chapter or | 276 |
|
Chapter 5139. of the Revised Code, the entity that places the | 277 |
|
child in the certified foster home shall provide the information | 278 |
|
described in division (B) of this section no later than ninety-six | 279 |
|
hours after the child is placed in the certified foster home. | 280 |
| Sec. 2929.14. (A) Except as provided in division (B)(1), | 306 |
|
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9), | 307 |
|
(E), (G), (H), or (J) of this section or in division (D)(6) of | 308 |
|
section 2919.25 of the Revised Code and except in relation to an | 309 |
|
offense for which a sentence of death or life imprisonment is to | 310 |
|
be imposed, if the court imposing a sentence upon an offender for | 311 |
|
a felony elects or is required to impose a prison term on the | 312 |
|
offender pursuant to this chapter, the court shall impose a | 313 |
|
definite prison term that shall be one of the following: | 314 |
| (3)(a) For a felony of the third degree that is a violation | 320 |
|
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the | 321 |
|
Revised Code or that is a violation of section 2911.02 or 2911.12 | 322 |
|
of the Revised Code if the offender previously has been convicted | 323 |
|
of or pleaded guilty in two or more separate proceedings to two or | 324 |
|
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 | 325 |
|
of the Revised Code, the prison term shall be twelve, eighteen, | 326 |
|
twenty-four, thirty, thirty-six, forty-two, forty-eight, | 327 |
|
fifty-four, or sixty months. | 328 |
| (b) If a court imposes a prison term on an offender under | 362 |
|
division (B)(1)(a) of this section, the prison term shall not be | 363 |
|
reduced pursuant to section 2967.19, section 2929.20, section | 364 |
|
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 365 |
|
of the Revised Code. Except as provided in division (B)(1)(g) of | 366 |
|
this section, a court shall not impose more than one prison term | 367 |
|
on an offender under division (B)(1)(a) of this section for | 368 |
|
felonies committed as part of the same act or transaction. | 369 |
| (c) Except as provided in division (B)(1)(e) of this section, | 370 |
|
if an offender who is convicted of or pleads guilty to a violation | 371 |
|
of section 2923.161 of the Revised Code or to a felony that | 372 |
|
includes, as an essential element, purposely or knowingly causing | 373 |
|
or attempting to cause the death of or physical harm to another, | 374 |
|
also is convicted of or pleads guilty to a specification of the | 375 |
|
type described in section 2941.146 of the Revised Code that | 376 |
|
charges the offender with committing the offense by discharging a | 377 |
|
firearm from a motor vehicle other than a manufactured home, the | 378 |
|
court, after imposing a prison term on the offender for the | 379 |
|
violation of section 2923.161 of the Revised Code or for the other | 380 |
|
felony offense under division (A), (B)(2), or (B)(3) of this | 381 |
|
section, shall impose an additional prison term of five years upon | 382 |
|
the offender that shall not be reduced pursuant to section | 383 |
|
2929.20, section 2967.19, section 2967.193, or any other provision | 384 |
|
of Chapter 2967. or Chapter 5120. of the Revised Code. A court | 385 |
|
shall not impose more than one additional prison term on an | 386 |
|
offender under division (B)(1)(c) of this section for felonies | 387 |
|
committed as part of the same act or transaction. If a court | 388 |
|
imposes an additional prison term on an offender under division | 389 |
|
(B)(1)(c) of this section relative to an offense, the court also | 390 |
|
shall impose a prison term under division (B)(1)(a) of this | 391 |
|
section relative to the same offense, provided the criteria | 392 |
|
specified in that division for imposing an additional prison term | 393 |
|
are satisfied relative to the offender and the offense. | 394 |
| (d) If an offender who is convicted of or pleads guilty to an | 395 |
|
offense of violence that is a felony also is convicted of or | 396 |
|
pleads guilty to a specification of the type described in section | 397 |
|
2941.1411 of the Revised Code that charges the offender with | 398 |
|
wearing or carrying body armor while committing the felony offense | 399 |
|
of violence, the court shall impose on the offender a prison term | 400 |
|
of two years. The prison term so imposed, subject to divisions (C) | 401 |
|
to (I) of section 2967.19 of the Revised Code, shall not be | 402 |
|
reduced pursuant to section 2929.20, section 2967.19, section | 403 |
|
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 404 |
|
of the Revised Code. A court shall not impose more than one prison | 405 |
|
term on an offender under division (B)(1)(d) of this section for | 406 |
|
felonies committed as part of the same act or transaction. If a | 407 |
|
court imposes an additional prison term under division (B)(1)(a) | 408 |
|
or (c) of this section, the court is not precluded from imposing | 409 |
|
an additional prison term under division (B)(1)(d) of this | 410 |
|
section. | 411 |
| (e) The court shall not impose any of the prison terms | 412 |
|
described in division (B)(1)(a) of this section or any of the | 413 |
|
additional prison terms described in division (B)(1)(c) of this | 414 |
|
section upon an offender for a violation of section 2923.12 or | 415 |
|
2923.123 of the Revised Code. The court shall not impose any of | 416 |
|
the prison terms described in division (B)(1)(a) or (b) of this | 417 |
|
section upon an offender for a violation of section 2923.122 that | 418 |
|
involves a deadly weapon that is a firearm other than a dangerous | 419 |
|
ordnance, section 2923.16, or section 2923.121 of the Revised | 420 |
|
Code. The court shall not impose any of the prison terms described | 421 |
|
in division (B)(1)(a) of this section or any of the additional | 422 |
|
prison terms described in division (B)(1)(c) of this section upon | 423 |
|
an offender for a violation of section 2923.13 of the Revised Code | 424 |
|
unless all of the following apply: | 425 |
| (f) If an offender is convicted of or pleads guilty to a | 431 |
|
felony that includes, as an essential element, causing or | 432 |
|
attempting to cause the death of or physical harm to another and | 433 |
|
also is convicted of or pleads guilty to a specification of the | 434 |
|
type described in section 2941.1412 of the Revised Code that | 435 |
|
charges the offender with committing the offense by discharging a | 436 |
|
firearm at a peace officer as defined in section 2935.01 of the | 437 |
|
Revised Code or a corrections officer, as defined in section | 438 |
|
2941.1412 of the Revised Code, the court, after imposing a prison | 439 |
|
term on the offender for the felony offense under division (A), | 440 |
|
(B)(2), or (B)(3) of this section, shall impose an additional | 441 |
|
prison term of seven years upon the offender that shall not be | 442 |
|
reduced pursuant to section 2929.20, section 2967.19, section | 443 |
|
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 444 |
|
of the Revised Code. If an offender is convicted of or pleads | 445 |
|
guilty to two or more felonies that include, as an essential | 446 |
|
element, causing or attempting to cause the death or physical harm | 447 |
|
to another and also is convicted of or pleads guilty to a | 448 |
|
specification of the type described under division (B)(1)(f) of | 449 |
|
this section in connection with two or more of the felonies of | 450 |
|
which the offender is convicted or to which the offender pleads | 451 |
|
guilty, the sentencing court shall impose on the offender the | 452 |
|
prison term specified under division (B)(1)(f) of this section for | 453 |
|
each of two of the specifications of which the offender is | 454 |
|
convicted or to which the offender pleads guilty and, in its | 455 |
|
discretion, also may impose on the offender the prison term | 456 |
|
specified under that division for any or all of the remaining | 457 |
|
specifications. If a court imposes an additional prison term on an | 458 |
|
offender under division (B)(1)(f) of this section relative to an | 459 |
|
offense, the court shall not impose a prison term under division | 460 |
|
(B)(1)(a) or (c) of this section relative to the same offense. | 461 |
| (g) If an offender is convicted of or pleads guilty to two or | 462 |
|
more felonies, if one or more of those felonies are aggravated | 463 |
|
murder, murder, attempted aggravated murder, attempted murder, | 464 |
|
aggravated robbery, felonious assault, or rape, and if the | 465 |
|
offender is convicted of or pleads guilty to a specification of | 466 |
|
the type described under division (B)(1)(a) of this section in | 467 |
|
connection with two or more of the felonies, the sentencing court | 468 |
|
shall impose on the offender the prison term specified under | 469 |
|
division (B)(1)(a) of this section for each of the two most | 470 |
|
serious specifications of which the offender is convicted or to | 471 |
|
which the offender pleads guilty and, in its discretion, also may | 472 |
|
impose on the offender the prison term specified under that | 473 |
|
division for any or all of the remaining specifications. | 474 |
| (2)(a) If division (B)(2)(b) of this section does not apply, | 475 |
|
the court may impose on an offender, in addition to the longest | 476 |
|
prison term authorized or required for the offense, an additional | 477 |
|
definite prison term of one, two, three, four, five, six, seven, | 478 |
|
eight, nine, or ten years if all of the following criteria are | 479 |
|
met: | 480 |
| (ii) The offense of which the offender currently is convicted | 484 |
|
or to which the offender currently pleads guilty is aggravated | 485 |
|
murder and the court does not impose a sentence of death or life | 486 |
|
imprisonment without parole, murder, terrorism and the court does | 487 |
|
not impose a sentence of life imprisonment without parole, any | 488 |
|
felony of the first degree that is an offense of violence and the | 489 |
|
court does not impose a sentence of life imprisonment without | 490 |
|
parole, or any felony of the second degree that is an offense of | 491 |
|
violence and the trier of fact finds that the offense involved an | 492 |
|
attempt to cause or a threat to cause serious physical harm to a | 493 |
|
person or resulted in serious physical harm to a person. | 494 |
| (iv) The court finds that the prison terms imposed pursuant | 497 |
to division (D)(B)(2)(a)(iii) of this section and, if applicable, | 498 |
division (D)(B)(1) or (3) of this section are inadequate to punish | 499 |
|
the offender and protect the public from future crime, because the | 500 |
|
applicable factors under section 2929.12 of the Revised Code | 501 |
|
indicating a greater likelihood of recidivism outweigh the | 502 |
|
applicable factors under that section indicating a lesser | 503 |
|
likelihood of recidivism. | 504 |
| (v) The court finds that the prison terms imposed pursuant to | 505 |
division (D)(B)(2)(a)(iii) of this section and, if applicable, | 506 |
division (D)(B)(1) or (3) of this section are demeaning to the | 507 |
|
seriousness of the offense, because one or more of the factors | 508 |
|
under section 2929.12 of the Revised Code indicating that the | 509 |
|
offender's conduct is more serious than conduct normally | 510 |
|
constituting the offense are present, and they outweigh the | 511 |
|
applicable factors under that section indicating that the | 512 |
|
offender's conduct is less serious than conduct normally | 513 |
|
constituting the offense. | 514 |
| (ii) The offender within the preceding twenty years has been | 523 |
|
convicted of or pleaded guilty to three or more offenses described | 524 |
|
in division (CC)(1) of section 2929.01 of the Revised Code, | 525 |
|
including all offenses described in that division of which the | 526 |
|
offender is convicted or to which the offender pleads guilty in | 527 |
|
the current prosecution and all offenses described in that | 528 |
|
division of which the offender previously has been convicted or to | 529 |
|
which the offender previously pleaded guilty, whether prosecuted | 530 |
|
together or separately. | 531 |
| (iii) The offense or offenses of which the offender currently | 532 |
|
is convicted or to which the offender currently pleads guilty is | 533 |
|
aggravated murder and the court does not impose a sentence of | 534 |
|
death or life imprisonment without parole, murder, terrorism and | 535 |
|
the court does not impose a sentence of life imprisonment without | 536 |
|
parole, any felony of the first degree that is an offense of | 537 |
|
violence and the court does not impose a sentence of life | 538 |
|
imprisonment without parole, or any felony of the second degree | 539 |
|
that is an offense of violence and the trier of fact finds that | 540 |
|
the offense involved an attempt to cause or a threat to cause | 541 |
|
serious physical harm to a person or resulted in serious physical | 542 |
|
harm to a person. | 543 |
| (3) Except when an offender commits a violation of section | 558 |
|
2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 559 |
|
the violation is life imprisonment or commits a violation of | 560 |
|
section 2903.02 of the Revised Code, if the offender commits a | 561 |
|
violation of section 2925.03 or 2925.11 of the Revised Code and | 562 |
|
that section classifies the offender as a major drug offender and | 563 |
|
requires the imposition of a ten-year prison term on the offender, | 564 |
|
if the offender commits a felony violation of section 2925.02, | 565 |
|
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 566 |
|
4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 567 |
|
division (C) of section 4729.51, or division (J) of section | 568 |
|
4729.54 of the Revised Code that includes the sale, offer to sell, | 569 |
|
or possession of a schedule I or II controlled substance, with the | 570 |
|
exception of marihuana, and the court imposing sentence upon the | 571 |
|
offender finds that the offender is guilty of a specification of | 572 |
|
the type described in section 2941.1410 of the Revised Code | 573 |
|
charging that the offender is a major drug offender, if the court | 574 |
|
imposing sentence upon an offender for a felony finds that the | 575 |
|
offender is guilty of corrupt activity with the most serious | 576 |
|
offense in the pattern of corrupt activity being a felony of the | 577 |
|
first degree, or if the offender is guilty of an attempted | 578 |
|
violation of section 2907.02 of the Revised Code and, had the | 579 |
|
offender completed the violation of section 2907.02 of the Revised | 580 |
|
Code that was attempted, the offender would have been subject to a | 581 |
|
sentence of life imprisonment or life imprisonment without parole | 582 |
|
for the violation of section 2907.02 of the Revised Code, the | 583 |
|
court shall impose upon the offender for the felony violation a | 584 |
|
ten-year prison term that, subject to divisions (C) to (I) of | 585 |
|
section 2967.19 of the Revised Code, cannot be reduced pursuant to | 586 |
|
section 2929.20, section 2967.19, or any other provision of | 587 |
|
Chapter 2967. or 5120. of the Revised Code. | 588 |
| (4) If the offender is being sentenced for a third or fourth | 589 |
|
degree felony OVI offense under division (G)(2) of section 2929.13 | 590 |
|
of the Revised Code, the sentencing court shall impose upon the | 591 |
|
offender a mandatory prison term in accordance with that division. | 592 |
|
In addition to the mandatory prison term, if the offender is being | 593 |
|
sentenced for a fourth degree felony OVI offense, the court, | 594 |
|
notwithstanding division (A)(4) of this section, may sentence the | 595 |
|
offender to a definite prison term of not less than six months and | 596 |
|
not more than thirty months, and if the offender is being | 597 |
|
sentenced for a third degree felony OVI offense, the sentencing | 598 |
|
court may sentence the offender to an additional prison term of | 599 |
|
any duration specified in division (A)(3) of this section. In | 600 |
|
either case, the additional prison term imposed shall be reduced | 601 |
|
by the sixty or one hundred twenty days imposed upon the offender | 602 |
|
as the mandatory prison term. The total of the additional prison | 603 |
term imposed under division (D)(B)(4) of this section plus the | 604 |
|
sixty or one hundred twenty days imposed as the mandatory prison | 605 |
|
term shall equal a definite term in the range of six months to | 606 |
|
thirty months for a fourth degree felony OVI offense and shall | 607 |
|
equal one of the authorized prison terms specified in division | 608 |
|
(A)(3) of this section for a third degree felony OVI offense. If | 609 |
|
the court imposes an additional prison term under division (B)(4) | 610 |
|
of this section, the offender shall serve the additional prison | 611 |
|
term after the offender has served the mandatory prison term | 612 |
|
required for the offense. In addition to the mandatory prison term | 613 |
|
or mandatory and additional prison term imposed as described in | 614 |
|
division (B)(4) of this section, the court also may sentence the | 615 |
|
offender to a community control sanction under section 2929.16 or | 616 |
|
2929.17 of the Revised Code, but the offender shall serve all of | 617 |
|
the prison terms so imposed prior to serving the community control | 618 |
|
sanction. | 619 |
| (5) If an offender is convicted of or pleads guilty to a | 625 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 626 |
|
Revised Code and also is convicted of or pleads guilty to a | 627 |
|
specification of the type described in section 2941.1414 of the | 628 |
|
Revised Code that charges that the victim of the offense is a | 629 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 630 |
|
or an investigator of the bureau of criminal identification and | 631 |
|
investigation, as defined in section 2903.11 of the Revised Code, | 632 |
|
the court shall impose on the offender a prison term of five | 633 |
|
years. If a court imposes a prison term on an offender under | 634 |
|
division (B)(5) of this section, the prison term, subject to | 635 |
|
divisions (C) to (I) of section 2967.19 of the Revised Code, shall | 636 |
|
not be reduced pursuant to section 2929.20, section 2967.19, | 637 |
|
section 2967.193, or any other provision of Chapter 2967. or | 638 |
|
Chapter 5120. of the Revised Code. A court shall not impose more | 639 |
|
than one prison term on an offender under division (B)(5) of this | 640 |
|
section for felonies committed as part of the same act. | 641 |
| (6) If an offender is convicted of or pleads guilty to a | 642 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 643 |
|
Revised Code and also is convicted of or pleads guilty to a | 644 |
|
specification of the type described in section 2941.1415 of the | 645 |
|
Revised Code that charges that the offender previously has been | 646 |
|
convicted of or pleaded guilty to three or more violations of | 647 |
|
division (A) or (B) of section 4511.19 of the Revised Code or an | 648 |
|
equivalent offense, as defined in section 2941.1415 of the Revised | 649 |
|
Code, or three or more violations of any combination of those | 650 |
|
divisions and offenses, the court shall impose on the offender a | 651 |
|
prison term of three years. If a court imposes a prison term on an | 652 |
|
offender under division (B)(6) of this section, the prison term, | 653 |
|
subject to divisions (C) to (I) of section 2967.19 of the Revised | 654 |
|
Code, shall not be reduced pursuant to section 2929.20, section | 655 |
|
2967.19, section 2967.193, or any other provision of Chapter 2967. | 656 |
|
or Chapter 5120. of the Revised Code. A court shall not impose | 657 |
|
more than one prison term on an offender under division (B)(6) of | 658 |
|
this section for felonies committed as part of the same act. | 659 |
| (7)(a) If an offender is convicted of or pleads guilty to a | 660 |
|
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or | 661 |
|
2923.32, division (A)(1) or (2) of section 2907.323, or division | 662 |
|
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised | 663 |
|
Code and also is convicted of or pleads guilty to a specification | 664 |
|
of the type described in section 2941.1422 of the Revised Code | 665 |
|
that charges that the offender knowingly committed the offense in | 666 |
|
furtherance of human trafficking, the court shall impose on the | 667 |
|
offender a mandatory prison term that is one of the following: | 668 |
| (b) Subject to divisions (C) to (I) of section 2967.19 of the | 680 |
|
Revised Code, the prison term imposed under division (B)(7)(a) of | 681 |
|
this section shall not be reduced pursuant to section 2929.20, | 682 |
|
section 2967.19, section 2967.193, or any other provision of | 683 |
|
Chapter 2967. of the Revised Code. A court shall not impose more | 684 |
|
than one prison term on an offender under division (B)(7)(a) of | 685 |
|
this section for felonies committed as part of the same act, | 686 |
|
scheme, or plan. | 687 |
| (8) If an offender is convicted of or pleads guilty to a | 688 |
|
felony violation of section 2903.11, 2903.12, or 2903.13 of the | 689 |
|
Revised Code and also is convicted of or pleads guilty to a | 690 |
|
specification of the type described in section 2941.1423 of the | 691 |
|
Revised Code that charges that the victim of the violation was a | 692 |
|
woman whom the offender knew was pregnant at the time of the | 693 |
|
violation, notwithstanding the range of prison terms prescribed in | 694 |
|
division (A) of this section for felonies of the same degree as | 695 |
|
the violation, the court shall impose on the offender a mandatory | 696 |
|
prison term that is either a definite prison term of six months or | 697 |
|
one of the prison terms prescribed in section 2929.14 of the | 698 |
|
Revised Code for felonies of the same degree as the violation. | 699 |
| (9) If an offender is convicted of or pleads guilty to a | 700 |
|
felony and also is convicted of or pleads guilty to a | 701 |
|
specification of the type described in section 2941.1424 of the | 702 |
|
Revised Code that charges that the offender discharged a firearm | 703 |
|
while committing the offense and that the discharge of the firearm | 704 |
|
caused injury or death to a child who was under the age of | 705 |
|
eighteen years at the time of the commission of the offense, the | 706 |
|
court shall impose on the offender a prison term of ten years. If | 707 |
|
a court imposes a prison term on an offender under division (B)(9) | 708 |
|
of this section, the prison term shall not be reduced pursuant to | 709 |
|
section 2929.20, section 2967.193, or any other provision of | 710 |
|
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 711 |
|
not impose more than one prison term on an offender under division | 712 |
|
(B)(9) of this section for felonies committed as part of the same | 713 |
|
act. | 714 |
| (C)(1)(a) Subject to division (C)(1)(b) of this section, if a | 715 |
|
mandatory prison term is imposed upon an offender pursuant to | 716 |
|
division (B)(1)(a) of this section for having a firearm on or | 717 |
|
about the offender's person or under the offender's control while | 718 |
|
committing a felony, if a mandatory prison term is imposed upon an | 719 |
|
offender pursuant to division (B)(1)(c) of this section for | 720 |
|
committing a felony specified in that division by discharging a | 721 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 722 |
|
terms are imposed, the offender shall serve any mandatory prison | 723 |
|
term imposed under either division consecutively to any other | 724 |
|
mandatory prison term imposed under either division or under | 725 |
|
division (B)(1)(d) of this section, consecutively to and prior to | 726 |
|
any prison term imposed for the underlying felony pursuant to | 727 |
|
division (A), (B)(2), or (B)(3) of this section or any other | 728 |
|
section of the Revised Code, and consecutively to any other prison | 729 |
|
term or mandatory prison term previously or subsequently imposed | 730 |
|
upon the offender. | 731 |
| (b) If a mandatory prison term is imposed upon an offender | 732 |
|
pursuant to division (B)(1)(d) of this section for wearing or | 733 |
|
carrying body armor while committing an offense of violence that | 734 |
|
is a felony, the offender shall serve the mandatory term so | 735 |
|
imposed consecutively to any other mandatory prison term imposed | 736 |
|
under that division or under division (B)(1)(a) or (c) of this | 737 |
|
section, consecutively to and prior to any prison term imposed for | 738 |
|
the underlying felony under division (A), (B)(2), or (B)(3) of | 739 |
|
this section or any other section of the Revised Code, and | 740 |
|
consecutively to any other prison term or mandatory prison term | 741 |
|
previously or subsequently imposed upon the offender. | 742 |
| (2) If an offender who is an inmate in a jail, prison, or | 758 |
|
other residential detention facility violates section 2917.02, | 759 |
|
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) | 760 |
|
of section 2921.34 of the Revised Code, if an offender who is | 761 |
|
under detention at a detention facility commits a felony violation | 762 |
|
of section 2923.131 of the Revised Code, or if an offender who is | 763 |
|
an inmate in a jail, prison, or other residential detention | 764 |
|
facility or is under detention at a detention facility commits | 765 |
|
another felony while the offender is an escapee in violation of | 766 |
|
division (A)(1) or (2) of section 2921.34 of the Revised Code, any | 767 |
|
prison term imposed upon the offender for one of those violations | 768 |
|
shall be served by the offender consecutively to the prison term | 769 |
|
or term of imprisonment the offender was serving when the offender | 770 |
|
committed that offense and to any other prison term previously or | 771 |
|
subsequently imposed upon the offender. | 772 |
| (3) If a prison term is imposed for a violation of division | 773 |
|
(B) of section 2911.01 of the Revised Code, a violation of | 774 |
|
division (A) of section 2913.02 of the Revised Code in which the | 775 |
|
stolen property is a firearm or dangerous ordnance, or a felony | 776 |
|
violation of division (B) of section 2921.331 of the Revised Code, | 777 |
|
the offender shall serve that prison term consecutively to any | 778 |
|
other prison term or mandatory prison term previously or | 779 |
|
subsequently imposed upon the offender. | 780 |
| (4) If multiple prison terms are imposed on an offender for | 781 |
|
convictions of multiple offenses, the court may require the | 782 |
|
offender to serve the prison terms consecutively if the court | 783 |
|
finds that the consecutive service is necessary to protect the | 784 |
|
public from future crime or to punish the offender and that | 785 |
|
consecutive sentences are not disproportionate to the seriousness | 786 |
|
of the offender's conduct and to the danger the offender poses to | 787 |
|
the public, and if the court also finds any of the following: | 788 |
| (5) If a mandatory prison term is imposed upon an offender | 803 |
|
pursuant to division (B)(5) or (6) of this section, the offender | 804 |
|
shall serve the mandatory prison term consecutively to and prior | 805 |
|
to any prison term imposed for the underlying violation of | 806 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 807 |
|
pursuant to division (A) of this section or section 2929.142 of | 808 |
|
the Revised Code. If a mandatory prison term is imposed upon an | 809 |
|
offender pursuant to division (B)(5) of this section, and if a | 810 |
|
mandatory prison term also is imposed upon the offender pursuant | 811 |
|
to division (B)(6) of this section in relation to the same | 812 |
|
violation, the offender shall serve the mandatory prison term | 813 |
|
imposed pursuant to division (B)(5) of this section consecutively | 814 |
|
to and prior to the mandatory prison term imposed pursuant to | 815 |
|
division (B)(6) of this section and consecutively to and prior to | 816 |
|
any prison term imposed for the underlying violation of division | 817 |
|
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to | 818 |
|
division (A) of this section or section 2929.142 of the Revised | 819 |
|
Code. | 820 |
| (D)(1) If a court imposes a prison term for a felony of the | 829 |
|
first degree, for a felony of the second degree, for a felony sex | 830 |
|
offense, or for a felony of the third degree that is not a felony | 831 |
|
sex offense and in the commission of which the offender caused or | 832 |
|
threatened to cause physical harm to a person, it shall include in | 833 |
|
the sentence a requirement that the offender be subject to a | 834 |
|
period of post-release control after the offender's release from | 835 |
|
imprisonment, in accordance with that division. If a court imposes | 836 |
|
a sentence including a prison term of a type described in this | 837 |
|
division on or after July 11, 2006, the failure of a court to | 838 |
|
include a post-release control requirement in the sentence | 839 |
|
pursuant to this division does not negate, limit, or otherwise | 840 |
|
affect the mandatory period of post-release control that is | 841 |
|
required for the offender under division (B) of section 2967.28 of | 842 |
|
the Revised Code. Section 2929.191 of the Revised Code applies if, | 843 |
|
prior to July 11, 2006, a court imposed a sentence including a | 844 |
|
prison term of a type described in this division and failed to | 845 |
|
include in the sentence pursuant to this division a statement | 846 |
|
regarding post-release control. | 847 |
| (2) If a court imposes a prison term for a felony of the | 848 |
|
third, fourth, or fifth degree that is not subject to division | 849 |
|
(D)(1) of this section, it shall include in the sentence a | 850 |
|
requirement that the offender be subject to a period of | 851 |
|
post-release control after the offender's release from | 852 |
|
imprisonment, in accordance with that division, if the parole | 853 |
|
board determines that a period of post-release control is | 854 |
|
necessary. Section 2929.191 of the Revised Code applies if, prior | 855 |
|
to July 11, 2006, a court imposed a sentence including a prison | 856 |
|
term of a type described in this division and failed to include in | 857 |
|
the sentence pursuant to this division a statement regarding | 858 |
|
post-release control. | 859 |
(3) If a court imposes a prison term on or after the | 860 |
effective date of this amendmentSeptember 30, 2011, for a felony, | 861 |
|
it shall include in the sentence a statement notifying the | 862 |
|
offender that the offender may be eligible to earn days of credit | 863 |
|
under the circumstances specified in section 2967.193 of the | 864 |
|
Revised Code. The statement also shall notify the offender that | 865 |
|
days of credit are not automatically awarded under that section, | 866 |
|
but that they must be earned in the manner specified in that | 867 |
|
section. If a court fails to include the statement in the | 868 |
|
sentence, the failure does not affect the eligibility of the | 869 |
|
offender under section 2967.193 of the Revised Code to earn any | 870 |
|
days of credit as a deduction from the offender's stated prison | 871 |
|
term or otherwise render any part of that section or any action | 872 |
|
taken under that section void or voidable. The failure of a court | 873 |
|
to include in a sentence the statement described in this division | 874 |
|
does not constitute grounds for setting aside the offender's | 875 |
|
conviction or sentence or for granting postconviction relief to | 876 |
|
the offender. | 877 |
| (2) A person is convicted of or pleads guilty to a violation | 888 |
|
of division (A)(1)(b) of section 2907.02 of the Revised Code | 889 |
|
committed on or after January 2, 2007, and either the court does | 890 |
|
not impose a sentence of life without parole when authorized | 891 |
|
pursuant to division (B) of section 2907.02 of the Revised Code, | 892 |
|
or division (B) of section 2907.02 of the Revised Code provides | 893 |
|
that the court shall not sentence the offender pursuant to section | 894 |
|
2971.03 of the Revised Code. | 895 |
| (5) A person is convicted of or pleads guilty to aggravated | 904 |
|
murder committed on or after January 1, 2008, and division | 905 |
|
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), | 906 |
|
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or | 907 |
|
(E)(1)(d) of section 2929.03, or division (A) or (B) of section | 908 |
|
2929.06 of the Revised Code requires the court to sentence the | 909 |
|
offender pursuant to division (B)(3) of section 2971.03 of the | 910 |
|
Revised Code. | 911 |
| (F) If a person who has been convicted of or pleaded guilty | 916 |
|
to a felony is sentenced to a prison term or term of imprisonment | 917 |
|
under this section, sections 2929.02 to 2929.06 of the Revised | 918 |
|
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 919 |
|
Revised Code, or any other provision of law, section 5120.163 of | 920 |
|
the Revised Code applies regarding the person while the person is | 921 |
|
confined in a state correctional institution. | 922 |
| (H)(1) If an offender who is convicted of or pleads guilty to | 930 |
|
aggravated murder, murder, or a felony of the first, second, or | 931 |
|
third degree that is an offense of violence also is convicted of | 932 |
|
or pleads guilty to a specification of the type described in | 933 |
|
section 2941.143 of the Revised Code that charges the offender | 934 |
|
with having committed the offense in a school safety zone or | 935 |
|
towards a person in a school safety zone, the court shall impose | 936 |
|
upon the offender an additional prison term of two years. The | 937 |
|
offender shall serve the additional two years consecutively to and | 938 |
|
prior to the prison term imposed for the underlying offense. | 939 |
| (ii) If the offender previously has been convicted of or | 949 |
|
pleaded guilty to one or more felony or misdemeanor violations of | 950 |
|
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 951 |
|
Revised Code and also was convicted of or pleaded guilty to a | 952 |
|
specification of the type described in section 2941.1421 of the | 953 |
|
Revised Code regarding one or more of those violations, an | 954 |
|
additional prison term of one, two, three, four, five, six, seven, | 955 |
|
eight, nine, ten, eleven, or twelve months. | 956 |
| (b) In lieu of imposing an additional prison term under | 957 |
|
division (H)(2)(a) of this section, the court may directly impose | 958 |
|
on the offender a sanction that requires the offender to wear a | 959 |
|
real-time processing, continual tracking electronic monitoring | 960 |
|
device during the period of time specified by the court. The | 961 |
|
period of time specified by the court shall equal the duration of | 962 |
|
an additional prison term that the court could have imposed upon | 963 |
|
the offender under division (H)(2)(a) of this section. A sanction | 964 |
|
imposed under this division shall commence on the date specified | 965 |
|
by the court, provided that the sanction shall not commence until | 966 |
|
after the offender has served the prison term imposed for the | 967 |
|
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 968 |
|
of the Revised Code and any residential sanction imposed for the | 969 |
|
violation under section 2929.16 of the Revised Code. A sanction | 970 |
|
imposed under this division shall be considered to be a community | 971 |
|
control sanction for purposes of section 2929.15 of the Revised | 972 |
|
Code, and all provisions of the Revised Code that pertain to | 973 |
|
community control sanctions shall apply to a sanction imposed | 974 |
|
under this division, except to the extent that they would by their | 975 |
|
nature be clearly inapplicable. The offender shall pay all costs | 976 |
|
associated with a sanction imposed under this division, including | 977 |
|
the cost of the use of the monitoring device. | 978 |
(I)(1) At the time of sentencing, the court may recommend the | 979 |
|
offender for placement in a program of shock incarceration under | 980 |
|
section 5120.031 of the Revised Code or for placement in an | 981 |
|
intensive program prison under section 5120.032 of the Revised | 982 |
|
Code, disapprove placement of the offender in a program of shock | 983 |
|
incarceration or an intensive program prison of that nature, or | 984 |
|
make no recommendation on placement of the offender. In no case | 985 |
|
shall the department of rehabilitation and correction place the | 986 |
|
offender in a program or prison of that nature unless the | 987 |
|
department determines as specified in section 5120.031 or 5120.032 | 988 |
|
of the Revised Code, whichever is applicable, that the offender is | 989 |
|
eligible for the placement. | 990 |
| If the court does not make a recommendation under this | 1007 |
|
division with respect to an offender and if the department | 1008 |
|
determines as specified in section 5120.031 or 5120.032 of the | 1009 |
|
Revised Code, whichever is applicable, that the offender is | 1010 |
|
eligible for placement in a program or prison of that nature, the | 1011 |
|
department shall screen the offender and determine if there is an | 1012 |
|
available program of shock incarceration or an intensive program | 1013 |
|
prison for which the offender is suited. If there is an available | 1014 |
|
program of shock incarceration or an intensive program prison for | 1015 |
|
which the offender is suited, the department shall notify the | 1016 |
|
court of the proposed placement of the offender as specified in | 1017 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 1018 |
|
with the notice a brief description of the placement. The court | 1019 |
|
shall have ten days from receipt of the notice to disapprove the | 1020 |
|
placement. | 1021 |
| Sec. 2941.1424. (A) Imposition of a ten-year mandatory | 1027 |
|
prison term upon an offender under division (B)(9) of section | 1028 |
|
2929.14 of the Revised Code is precluded unless the indictment, | 1029 |
|
count in the indictment, or information charging the offense | 1030 |
|
specifies that the offender discharged a firearm while committing | 1031 |
|
the offense and the discharge of the firearm caused injury or | 1032 |
|
death to a child who was under the age of eighteen years at the | 1033 |
|
time of the commission of the offense. The specification shall be | 1034 |
|
stated at the end of the body of the indictment, count, or | 1035 |
|
information and shall be in substantially the following form: | 1036 |
| Sec. 5103.0319. (A) No foster caregiver or prospective | 1050 |
|
foster caregiver shall fail to notify the recommending agency that | 1051 |
|
recommended or is recommending the foster caregiver or prospective | 1052 |
|
foster caregiver for certification in writing if a person at least | 1053 |
|
twelve years of age but less than eighteen years of age residing | 1054 |
|
with the foster caregiver or prospective foster caregiver has been | 1055 |
|
convicted of or pleaded guilty to any of the following or has been | 1056 |
|
adjudicated to be a delinquent child for committing an act that if | 1057 |
|
committed by an adult would have constituted such a violation: | 1058 |
| (1) A violation of section 2903.01, 2903.02, 2903.03, | 1059 |
|
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1060 |
|
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1061 |
|
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1062 |
|
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1063 |
|
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1064 |
|
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03, | 1065 |
|
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 1066 |
|
violation of section 2905.04 of the Revised Code as it existed | 1067 |
|
prior to July 1, 1996, a violation of section 2919.23 of the | 1068 |
|
Revised Code that would have been a violation of section 2905.04 | 1069 |
|
of the Revised Code as it existed prior to July 1, 1996, had the | 1070 |
|
violation been committed prior to that date, a violation of | 1071 |
|
section 2925.11 of the Revised Code that is not a minor drug | 1072 |
|
possession offense, a violation of section 2923.01 of the Revised | 1073 |
|
Code that involved an attempt to commit aggravated murder or | 1074 |
|
murder, an OVI or OVUAC violation if the person previously was | 1075 |
|
convicted of or pleaded guilty to one or more OVI or OVUAC | 1076 |
|
violations within the three years immediately preceding the | 1077 |
|
current violation, or felonious sexual penetration in violation of | 1078 |
|
former section 2907.12 of the Revised Code; | 1079 |
| (2) An offense that would be a felony if committed by an | 1080 |
|
adult and the court determined that the child, if an adult, would | 1081 |
|
be guilty of a specification found in section 2941.141, 2941.144, | 1082 |
or 2941.145, or 2941.1424 of the Revised Code or in another | 1083 |
|
section of the Revised Code that relates to the possession or use | 1084 |
|
of a firearm, as defined in section 2923.11 of the Revised Code, | 1085 |
|
during the commission of the act for which the child was | 1086 |
|
adjudicated a delinquent child; | 1087 |
