As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 147

Senators Schaffer, Peterson 

Cosponsors: Senators Hughes, LaRose, Hite 

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A BILL

To amend sections 2152.17, 2903.13, 2923.125,

1

2929.13, and 2929.14 of the Revised Code to

2

increase the penalty for an assault committed by a

3

prisoner at a state correctional institution or

4

delinquent child detained at a Department of Youth

5

Services institution on an employee of the

6

Department of Rehabilitation and Correction or

7

Youth Services on the grounds of the state

8

correctional institution or Department of Youth

9

Services institution and to eliminate the

10

increased penalty for an assault committed by such

11

a prisoner or delinquent child, a parolee, or an

12

offender under any type of government supervision

13

on a probation department employee or by an

14

offender under any type of government supervision

15

on an employee of the Department of Rehabilitation

16

and Correction or Youth Services.

17

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

Section 1.  That sections 2152.17, 2903.13, 2923.125,	18
2929.13, and 2929.14 of the Revised Code be amended to read as	19
follows:	20

Sec. 2152.17.  (A) Subject to division (D) of this section,	21
if a child is adjudicated a delinquent child for committing an	22
act, other than a violation of section 2923.12 of the Revised	23
Code, that would be a felony if committed by an adult and if the	24
court determines that, if the child was an adult, the child would	25
be guilty of a specification of the type set forth in section	26
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or	27
2941.1415 of the Revised Code, in addition to any commitment or	28
other disposition the court imposes for the underlying delinquent	29
act, all of the following apply:	30

(1) If the court determines that the child would be guilty of	31
a specification of the type set forth in section 2941.141 of the	32
Revised Code, the court may commit the child to the department of	33
youth services for the specification for a definite period of up	34
to one year.	35

(2) If the court determines that the child would be guilty of	36
a specification of the type set forth in section 2941.145 of the	37
Revised Code or if the delinquent act is a violation of division	38
(A)(1) or (2) of section 2903.06 of the Revised Code and the court	39
determines that the child would be guilty of a specification of	40
the type set forth in section 2941.1415 of the Revised Code, the	41
court shall commit the child to the department of youth services	42
for the specification for a definite period of not less than one	43
and not more than three years, and the court also shall commit the	44
child to the department for the underlying delinquent act under	45
sections 2152.11 to 2152.16 of the Revised Code.	46

(3) If the court determines that the child would be guilty of	47
a specification of the type set forth in section 2941.144,	48
2941.146, or 2941.1412 of the Revised Code or if the delinquent	49
act is a violation of division (A)(1) or (2) of section 2903.06 of	50
the Revised Code and the court determines that the child would be	51
guilty of a specification of the type set forth in section	52
2941.1414 of the Revised Code, the court shall commit the child to	53
the department of youth services for the specification for a	54
definite period of not less than one and not more than five years,	55
and the court also shall commit the child to the department for	56
the underlying delinquent act under sections 2152.11 to 2152.16 of	57
the Revised Code.	58

(B)(1) If a child is adjudicated a delinquent child for	59
committing an act, other than a violation of section 2923.12 of	60
the Revised Code, that would be a felony if committed by an adult,	61
if the court determines that the child is complicit in another	62
person's conduct that is of such a nature that the other person	63
would be guilty of a specification of the type set forth in	64
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised	65
Code if the other person was an adult, if the other person's	66
conduct relates to the child's underlying delinquent act, and if	67
the child did not furnish, use, or dispose of any firearm that was	68
involved with the underlying delinquent act or with the other	69
person's specification-related conduct, in addition to any other	70
disposition the court imposes for the underlying delinquent act,	71
the court may commit the child to the department of youth services	72
for the specification for a definite period of not more than one	73
year, subject to division (D)(2) of this section.	74

(2) Except as provided in division (B)(1) of this section,	75
division (A) of this section also applies to a child who is an	76
accomplice regarding a firearm specification of the type set forth	77
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code	78
to the same extent the firearm specifications would apply to an	79
adult accomplice in a criminal proceeding.	80

(C) If a child is adjudicated a delinquent child for	81
committing an act that would be aggravated murder, murder, or a	82
first, second, or third degree felony offense of violence if	83
committed by an adult and if the court determines that, if the	84
child was an adult, the child would be guilty of a specification	85
of the type set forth in section 2941.142 of the Revised Code in	86
relation to the act for which the child was adjudicated a	87
delinquent child, the court shall commit the child for the	88
specification to the legal custody of the department of youth	89
services for institutionalization in a secure facility for a	90
definite period of not less than one and not more than three	91
years, subject to division (D)(2) of this section, and the court	92
also shall commit the child to the department for the underlying	93
delinquent act.	94

(D)(1) If the child is adjudicated a delinquent child for	95
committing an act that would be an offense of violence that is a	96
felony if committed by an adult and is committed to the legal	97
custody of the department of youth services pursuant to division	98
(A)(1) of section 2152.16 of the Revised Code and if the court	99
determines that the child, if the child was an adult, would be	100
guilty of a specification of the type set forth in section	101
2941.1411 of the Revised Code in relation to the act for which the	102
child was adjudicated a delinquent child, the court may commit the	103
child to the custody of the department of youth services for	104
institutionalization in a secure facility for up to two years,	105
subject to division (D)(2) of this section.	106

(2) A court that imposes a period of commitment under	107
division (A) of this section is not precluded from imposing an	108
additional period of commitment under division (C) or (D)(1) of	109
this section, a court that imposes a period of commitment under	110
division (C) of this section is not precluded from imposing an	111
additional period of commitment under division (A) or (D)(1) of	112
this section, and a court that imposes a period of commitment	113
under division (D)(1) of this section is not precluded from	114
imposing an additional period of commitment under division (A) or	115
(C) of this section.	116

(E) The court shall not commit a child to the legal custody	117
of the department of youth services for a specification pursuant	118
to this section for a period that exceeds five years for any one	119
delinquent act. Any commitment imposed pursuant to division (A),	120
(B), (C), or (D)(1) of this section shall be in addition to, and	121
shall be served consecutively with and prior to, a period of	122
commitment ordered under this chapter for the underlying	123
delinquent act, and each commitment imposed pursuant to division	124
(A), (B), (C), or (D)(1) of this section shall be in addition to,	125
and shall be served consecutively with, any other period of	126
commitment imposed under those divisions. If a commitment is	127
imposed under division (A) or (B) of this section and a commitment	128
also is imposed under division (C) of this section, the period	129
imposed under division (A) or (B) of this section shall be served	130
prior to the period imposed under division (C) of this section.	131

In each case in which a court makes a disposition under this	132
section, the court retains control over the commitment for the	133
entire period of the commitment.	134

The total of all the periods of commitment imposed for any	135
specification under this section and for the underlying offense	136
shall not exceed the child's attainment of twenty-one years of	137
age.	138

(F) If a child is adjudicated a delinquent child for	139
committing two or more acts that would be felonies if committed by	140
an adult and if the court entering the delinquent child	141
adjudication orders the commitment of the child for two or more of	142
those acts to the legal custody of the department of youth	143
services for institutionalization in a secure facility pursuant to	144
section 2152.13 or 2152.16 of the Revised Code, the court may	145
order that all of the periods of commitment imposed under those	146
sections for those acts be served consecutively in the legal	147
custody of the department of youth services, provided that those	148
periods of commitment shall be in addition to and commence	149
immediately following the expiration of a period of commitment	150
that the court imposes pursuant to division (A), (B), (C), or	151
(D)(1) of this section. A court shall not commit a delinquent	152
child to the legal custody of the department of youth services	153
under this division for a period that exceeds the child's	154
attainment of twenty-one years of age.	155

(G) If a child is adjudicated a delinquent child for	156
violating division (C)(3) of section 2903.13 of the Revised Code,	157
any period of commitment to the legal custody of the department of	158
youth services imposed for the violation shall be served	159
consecutively to any other period of commitment to the department	160
imposed on the child.	161

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	162
to cause physical harm to another or to another's unborn.	163

(B) No person shall recklessly cause serious physical harm to	164
another or to another's unborn.	165

(C)(1) Whoever violates this section is guilty of assault,	166
and the court shall sentence the offender as provided in this	167
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	168
and (9), and (10) of this section. Except as otherwise provided in	169
division (C)(2), (3), (4), (5), (6), (7), or (8), or (9) of this	170
section, assault is a misdemeanor of the first degree.	171

(2) Except as otherwise provided in this division, if the	172
offense is committed by a caretaker against a functionally	173
impaired person under the caretaker's care, assault is a felony of	174
the fourth degree. If the offense is committed by a caretaker	175
against a functionally impaired person under the caretaker's care,	176
if the offender previously has been convicted of or pleaded guilty	177
to a violation of this section or section 2903.11 or 2903.16 of	178
the Revised Code, and if in relation to the previous conviction	179
the offender was a caretaker and the victim was a functionally	180
impaired person under the offender's care, assault is a felony of	181
the third degree.	182

(3) If the offense occurs in or on the grounds of a state	183
correctional institution or an institution of the department of	184
youth services, the victim of the offense is an employee of the	185
department of rehabilitation and correction or the department of	186
youth services, and the offense is committed by a person	187
incarcerated in the state correctional institution or by a person	188
institutionalized in the department of youth services institution	189
pursuant to a commitment to the department of youth services,	190
assault is a felony of the third degree. The offender shall serve	191
a prison term imposed under this division consecutively to any	192
other prison term or mandatory prison term imposed upon the	193
offender.	194

(4) If the offense is committed in any of the following	195
circumstances, assault is a felony of the fifth degree:	196

(a) The offense occurs in or on the grounds of a state	197
correctional institution or an institution of the department of	198
youth services, the victim of the offense is an employee of the	199
department of rehabilitation and correction, the department of	200
youth services, or a probation department or is on the premises of	201
the particular institution for business purposes or as a visitor,	202
and the offense is committed by a person incarcerated in the state	203
correctional institution, by a person institutionalized in the	204
department of youth services institution pursuant to a commitment	205
to the department of youth services, by a parolee, by an offender	206
under transitional control, under a community control sanction, or	207
on an escorted visit, by a person under post-release control, or	208
by an offender under any other type of supervision by a government	209
agency.	210

(b) The offense occurs in or on the grounds of a local	211
correctional facility, the victim of the offense is an employee of	212
the local correctional facility or a probation department or is on	213
the premises of the facility for business purposes or as a	214
visitor, and the offense is committed by a person who is under	215
custody in the facility subsequent to the person's arrest for any	216
crime or delinquent act, subsequent to the person's being charged	217
with or convicted of any crime, or subsequent to the person's	218
being alleged to be or adjudicated a delinquent child.	219

(c)(b) The offense occurs off the grounds of a state	220
correctional institution and off the grounds of an institution of	221
the department of youth services, the victim of the offense is an	222
employee of the department of rehabilitation and correction, the	223
department of youth services, or a probation department, the	224
offense occurs during the employee's official work hours and while	225
the employee is engaged in official work responsibilities, and the	226
offense is committed by a person incarcerated in a state	227
correctional institution or institutionalized in the department of	228
youth services who temporarily is outside of the institution for	229
any purpose, by a parolee, by an offender under transitional	230
control, under a community control sanction, or on an escorted	231
visit, by a person under post-release control, or by an offender	232
under any other type of supervision by a government agency.	233

(d)(c) The offense occurs off the grounds of a local	234
correctional facility, the victim of the offense is an employee of	235
the local correctional facility or a probation department, the	236
offense occurs during the employee's official work hours and while	237
the employee is engaged in official work responsibilities, and the	238
offense is committed by a person who is under custody in the	239
facility subsequent to the person's arrest for any crime or	240
delinquent act, subsequent to the person being charged with or	241
convicted of any crime, or subsequent to the person being alleged	242
to be or adjudicated a delinquent child and who temporarily is	243
outside of the facility for any purpose or by a parolee, by an	244
offender under transitional control, under a community control	245
sanction, or on an escorted visit, by a person under post-release	246
control, or by an offender under any other type of supervision by	247
a government agency.	248

(e)(d) The victim of the offense is a school teacher or	249
administrator or a school bus operator, and the offense occurs in	250
a school, on school premises, in a school building, on a school	251
bus, or while the victim is outside of school premises or a school	252
bus and is engaged in duties or official responsibilities	253
associated with the victim's employment or position as a school	254
teacher or administrator or a school bus operator, including, but	255
not limited to, driving, accompanying, or chaperoning students at	256
or on class or field trips, athletic events, or other school	257
extracurricular activities or functions outside of school	258
premises.	259

(4)(5) If the victim of the offense is a peace officer or an	260
investigator of the bureau of criminal identification and	261
investigation, a firefighter, or a person performing emergency	262
medical service, while in the performance of their official	263
duties, assault is a felony of the fourth degree.	264

(5)(6) If the victim of the offense is a peace officer or an	265
investigator of the bureau of criminal identification and	266
investigation and if the victim suffered serious physical harm as	267
a result of the commission of the offense, assault is a felony of	268
the fourth degree, and the court, pursuant to division (F) of	269
section 2929.13 of the Revised Code, shall impose as a mandatory	270
prison term one of the prison terms prescribed for a felony of the	271
fourth degree that is at least twelve months in duration.	272

(6)(7) If the victim of the offense is an officer or employee	273
of a public children services agency or a private child placing	274
agency and the offense relates to the officer's or employee's	275
performance or anticipated performance of official	276
responsibilities or duties, assault is either a felony of the	277
fifth degree or, if the offender previously has been convicted of	278
or pleaded guilty to an offense of violence, the victim of that	279
prior offense was an officer or employee of a public children	280
services agency or private child placing agency, and that prior	281
offense related to the officer's or employee's performance or	282
anticipated performance of official responsibilities or duties, a	283
felony of the fourth degree.	284

(7)(8) If the victim of the offense is a health care	285
professional of a hospital, a health care worker of a hospital, or	286
a security officer of a hospital whom the offender knows or has	287
reasonable cause to know is a health care professional of a	288
hospital, a health care worker of a hospital, or a security	289
officer of a hospital, if the victim is engaged in the performance	290
of the victim's duties, and if the hospital offers de-escalation	291
or crisis intervention training for such professionals, workers,	292
or officers, assault is one of the following:	293

(a) Except as otherwise provided in division (C)(7)(8)(b) of	294
this section, assault committed in the specified circumstances is	295
a misdemeanor of the first degree. Notwithstanding the fine	296
specified in division (A)(2)(b) of section 2929.28 of the Revised	297
Code for a misdemeanor of the first degree, in sentencing the	298
offender under this division and if the court decides to impose a	299
fine, the court may impose upon the offender a fine of not more	300
than five thousand dollars.	301

(b) If the offender previously has been convicted of or	302
pleaded guilty to one or more assault or homicide offenses	303
committed against hospital personnel, assault committed in the	304
specified circumstances is a felony of the fifth degree.	305

(8)(9) If the victim of the offense is a judge, magistrate,	306
prosecutor, or court official or employee whom the offender knows	307
or has reasonable cause to know is a judge, magistrate,	308
prosecutor, or court official or employee, and if the victim is	309
engaged in the performance of the victim's duties, assault is one	310
of the following:	311

(a) Except as otherwise provided in division (C)(7)(8)(b) of	312
this section, assault committed in the specified circumstances is	313
a misdemeanor of the first degree. In sentencing the offender	314
under this division, if the court decides to impose a fine,	315
notwithstanding the fine specified in division (A)(2)(b) of	316
section 2929.28 of the Revised Code for a misdemeanor of the first	317
degree, the court may impose upon the offender a fine of not more	318
than five thousand dollars.	319

(b) If the offender previously has been convicted of or	320
pleaded guilty to one or more assault or homicide offenses	321
committed against justice system personnel, assault committed in	322
the specified circumstances is a felony of the fifth degree.	323

(9)(10) If an offender who is convicted of or pleads guilty	324
to assault when it is a misdemeanor also is convicted of or pleads	325
guilty to a specification as described in section 2941.1423 of the	326
Revised Code that was included in the indictment, count in the	327
indictment, or information charging the offense, the court shall	328
sentence the offender to a mandatory jail term as provided in	329
division (G) of section 2929.24 of the Revised Code.	330

If an offender who is convicted of or pleads guilty to	331
assault when it is a felony also is convicted of or pleads guilty	332
to a specification as described in section 2941.1423 of the	333
Revised Code that was included in the indictment, count in the	334
indictment, or information charging the offense, except as	335
otherwise provided in division (C)(5)(6) of this section, the	336
court shall sentence the offender to a mandatory prison term as	337
provided in division (B)(8) of section 2929.14 of the Revised	338
Code.	339

(D) As used in this section:

340

(1) "Peace officer" has the same meaning as in section	341
2935.01 of the Revised Code.	342

(2) "Firefighter" has the same meaning as in section 3937.41	343
of the Revised Code.	344

(3) "Emergency medical service" has the same meaning as in	345
section 4765.01 of the Revised Code.	346

(4) "Local correctional facility" means a county,	347
multicounty, municipal, municipal-county, or multicounty-municipal	348
jail or workhouse, a minimum security jail established under	349
section 341.23 or 753.21 of the Revised Code, or another county,	350
multicounty, municipal, municipal-county, or multicounty-municipal	351
facility used for the custody of persons arrested for any crime or	352
delinquent act, persons charged with or convicted of any crime, or	353
persons alleged to be or adjudicated a delinquent child.	354

(5) "Employee of a local correctional facility" means a	355
person who is an employee of the political subdivision or of one	356
or more of the affiliated political subdivisions that operates the	357
local correctional facility and who operates or assists in the	358
operation of the facility.	359

(6) "School teacher or administrator" means either of the	360
following:	361

(a) A person who is employed in the public schools of the	362
state under a contract described in section 3311.77 or 3319.08 of	363
the Revised Code in a position in which the person is required to	364
have a certificate issued pursuant to sections 3319.22 to 3319.311	365
of the Revised Code.	366

(b) A person who is employed by a nonpublic school for which	367
the state board of education prescribes minimum standards under	368
section 3301.07 of the Revised Code and who is certificated in	369
accordance with section 3301.071 of the Revised Code.	370

(7) "Community control sanction" has the same meaning as in	371
section 2929.01 of the Revised Code.	372

(8) "Escorted visit" means an escorted visit granted under	373
section 2967.27 of the Revised Code.	374

(9) "Post-release control" and "transitional control" have	375
the same meanings as in section 2967.01 of the Revised Code.	376

(10) "Investigator of the bureau of criminal identification	377
and investigation" has the same meaning as in section 2903.11 of	378
the Revised Code.	379

(11) "Health care professional" and "health care worker" have	380
the same meanings as in section 2305.234 of the Revised Code.	381

(12) "Assault or homicide offense committed against hospital	382
personnel" means a violation of this section or of section	383
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	384
2903.14 of the Revised Code committed in circumstances in which	385
all of the following apply:	386

(a) The victim of the offense was a health care professional	387
of a hospital, a health care worker of a hospital, or a security	388
officer of a hospital.	389

(b) The offender knew or had reasonable cause to know that	390
the victim was a health care professional of a hospital, a health	391
care worker of a hospital, or a security officer of a hospital.	392

(c) The victim was engaged in the performance of the victim's	393
duties.	394

(d) The hospital offered de-escalation or crisis intervention	395
training for such professionals, workers, or officers.	396

(13) "De-escalation or crisis intervention training" means	397
de-escalation or crisis intervention training for health care	398
professionals of a hospital, health care workers of a hospital,	399
and security officers of a hospital to facilitate interaction with	400
patients, members of a patient's family, and visitors, including	401
those with mental impairments.	402

(14) "Assault or homicide offense committed against justice	403
system personnel" means a violation of this section or of section	404
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	405
2903.14 of the Revised Code committed in circumstances in which	406
the victim of the offense was a judge, magistrate, prosecutor, or	407
court official or employee whom the offender knew or had	408
reasonable cause to know was a judge, magistrate, prosecutor, or	409
court official or employee, and the victim was engaged in the	410
performance of the victim's duties.	411

(15) "Court official or employee" means any official or	412
employee of a court created under the constitution or statutes of	413
this state or of a United States court located in this state.	414

(16) "Judge" means a judge of a court created under the	415
constitution or statutes of this state or of a United States court	416
located in this state.	417

(17) "Magistrate" means an individual who is appointed by a	418
court of record of this state and who has the powers and may	419
perform the functions specified in Civil Rule 53, Criminal Rule	420
19, or Juvenile Rule 40, or an individual who is appointed by a	421
United States court located in this state who has similar powers	422
and functions.	423

(18) "Prosecutor" has the same meaning as in section 2935.01	424
of the Revised Code.	425

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	426
this section, an institution classified as a hospital under	427
section 3701.01 of the Revised Code in which are provided to	428
patients diagnostic, medical, surgical, obstetrical, psychiatric,	429
or rehabilitation care or a hospital operated by a health	430
maintenance organization.	431

(b) "Hospital" does not include any of the following:

432

(i) A facility licensed under Chapter 3721. of the Revised	433
Code, a health care facility operated by the department of mental	434
health or the department of developmental disabilities, a health	435
maintenance organization that does not operate a hospital, or the	436
office of any private, licensed health care professional, whether	437
organized for individual or group practice;	438

(ii) An institution for the sick that is operated exclusively	439
for patients who use spiritual means for healing and for whom the	440
acceptance of medical care is inconsistent with their religious	441
beliefs, accredited by a national accrediting organization, exempt	442
from federal income taxation under section 501 of the "Internal	443
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	444
and providing twenty-four-hour nursing care pursuant to the	445
exemption in division (E) of section 4723.32 of the Revised Code	446
from the licensing requirements of Chapter 4723. of the Revised	447
Code.	448

(20) "Health maintenance organization" has the same meaning	449
as in section 3727.01 of the Revised Code.	450

Sec. 2923.125.  (A) This section applies with respect to the	451
application for and issuance by this state of concealed handgun	452
licenses other than concealed handgun licenses on a temporary	453
emergency basis that are issued under section 2923.1213 of the	454
Revised Code. Upon the request of a person who wishes to obtain a	455
concealed handgun license with respect to which this section	456
applies or to renew a concealed handgun license with respect to	457
which this section applies, a sheriff, as provided in division (I)	458
of this section, shall provide to the person free of charge an	459
application form and the web site address at which the pamphlet	460
described in division (B) of section 109.731 of the Revised Code	461
may be found. A sheriff shall accept a completed application form	462
and the fee, items, materials, and information specified in	463
divisions (B)(1) to (5) of this section at the times and in the	464
manners described in division (I) of this section.	465

(B) An applicant for a concealed handgun license with respect	466
to which this section applies shall submit a completed application	467
form and all of the following to the sheriff of the county in	468
which the applicant resides or to the sheriff of any county	469
adjacent to the county in which the applicant resides:	470

(1)(a) A nonrefundable license fee as described in either of	471
the following:	472

(i) For an applicant who has been a resident of this state	473
for five or more years, a fee of sixty-seven dollars;	474

(ii) For an applicant who has been a resident of this state	475
for less than five years, a fee of sixty-seven dollars plus the	476
actual cost of having a background check performed by the federal	477
bureau of investigation.	478

(b) No sheriff shall require an applicant to pay for the cost	479
of a background check performed by the bureau of criminal	480
identification and investigation.	481

(c) A sheriff shall waive the payment of the license fee	482
described in division (B)(1)(a) of this section in connection with	483
an initial or renewal application for a license that is submitted	484
by an applicant who is a retired peace officer, a retired person	485
described in division (B)(1)(b) of section 109.77 of the Revised	486
Code, or a retired federal law enforcement officer who, prior to	487
retirement, was authorized under federal law to carry a firearm in	488
the course of duty, unless the retired peace officer, person, or	489
federal law enforcement officer retired as the result of a mental	490
disability.	491

(d) The sheriff shall deposit all fees paid by an applicant	492
under division (B)(1)(a) of this section into the sheriff's	493
concealed handgun license issuance fund established pursuant to	494
section 311.42 of the Revised Code. The county shall distribute	495
the fees in accordance with section 311.42 of the Revised Code.	496

(2) A color photograph of the applicant that was taken within	497
thirty days prior to the date of the application;	498

(3) One or more of the following competency certifications,	499
each of which shall reflect that, regarding a certification	500
described in division (B)(3)(a), (b), (c), (e), or (f) of this	501
section, within the three years immediately preceding the	502
application the applicant has performed that to which the	503
competency certification relates and that, regarding a	504
certification described in division (B)(3)(d) of this section, the	505
applicant currently is an active or reserve member of the armed	506
forces of the United States or within the six years immediately	507
preceding the application the honorable discharge or retirement to	508
which the competency certification relates occurred:	509

(a) An original or photocopy of a certificate of completion	510
of a firearms safety, training, or requalification or firearms	511
safety instructor course, class, or program that was offered by or	512
under the auspices of the national rifle association and that	513
complies with the requirements set forth in division (G) of this	514
section;	515

(b) An original or photocopy of a certificate of completion	516
of a firearms safety, training, or requalification or firearms	517
safety instructor course, class, or program that satisfies all of	518
the following criteria:	519

(i) It was open to members of the general public.

520

(ii) It utilized qualified instructors who were certified by	521
the national rifle association, the executive director of the Ohio	522
peace officer training commission pursuant to section 109.75 or	523
109.78 of the Revised Code, or a governmental official or entity	524
of another state.	525

(iii) It was offered by or under the auspices of a law	526
enforcement agency of this or another state or the United States,	527
a public or private college, university, or other similar	528
postsecondary educational institution located in this or another	529
state, a firearms training school located in this or another	530
state, or another type of public or private entity or organization	531
located in this or another state.	532

(iv) It complies with the requirements set forth in division	533
(G) of this section.	534

(c) An original or photocopy of a certificate of completion	535
of a state, county, municipal, or department of natural resources	536
peace officer training school that is approved by the executive	537
director of the Ohio peace officer training commission pursuant to	538
section 109.75 of the Revised Code and that complies with the	539
requirements set forth in division (G) of this section, or the	540
applicant has satisfactorily completed and been issued a	541
certificate of completion of a basic firearms training program, a	542
firearms requalification training program, or another basic	543
training program described in section 109.78 or 109.801 of the	544
Revised Code that complies with the requirements set forth in	545
division (G) of this section;	546

(d) A document that evidences both of the following:

547

(i) That the applicant is an active or reserve member of the	548
armed forces of the United States, was honorably discharged from	549
military service in the active or reserve armed forces of the	550
United States, is a retired trooper of the state highway patrol,	551
or is a retired peace officer or federal law enforcement officer	552
described in division (B)(1) of this section or a retired person	553
described in division (B)(1)(b) of section 109.77 of the Revised	554
Code and division (B)(1) of this section;	555

(ii) That, through participation in the military service or	556
through the former employment described in division (B)(3)(d)(i)	557
of this section, the applicant acquired experience with handling	558
handguns or other firearms, and the experience so acquired was	559
equivalent to training that the applicant could have acquired in a	560
course, class, or program described in division (B)(3)(a), (b), or	561
(c) of this section.	562

(e) A certificate or another similar document that evidences	563
satisfactory completion of a firearms training, safety, or	564
requalification or firearms safety instructor course, class, or	565
program that is not otherwise described in division (B)(3)(a),	566
(b), (c), or (d) of this section, that was conducted by an	567
instructor who was certified by an official or entity of the	568
government of this or another state or the United States or by the	569
national rifle association, and that complies with the	570
requirements set forth in division (G) of this section;	571

(f) An affidavit that attests to the applicant's satisfactory	572
completion of a course, class, or program described in division	573
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	574
by the applicant's instructor or an authorized representative of	575
the entity that offered the course, class, or program or under	576
whose auspices the course, class, or program was offered.	577

(4) A certification by the applicant that the applicant has	578
read the pamphlet prepared by the Ohio peace officer training	579
commission pursuant to section 109.731 of the Revised Code that	580
reviews firearms, dispute resolution, and use of deadly force	581
matters.	582

(5) A set of fingerprints of the applicant provided as	583
described in section 311.41 of the Revised Code through use of an	584
electronic fingerprint reading device or, if the sheriff to whom	585
the application is submitted does not possess and does not have	586
ready access to the use of such a reading device, on a standard	587
impression sheet prescribed pursuant to division (C)(2) of section	588
109.572 of the Revised Code.	589

(C) Upon receipt of the completed application form,	590
supporting documentation, and, if not waived, license fee of an	591
applicant under this section, a sheriff, in the manner specified	592
in section 311.41 of the Revised Code, shall conduct or cause to	593
be conducted the criminal records check and the incompetency	594
records check described in section 311.41 of the Revised Code.	595

(D)(1) Except as provided in division (D)(3) or (4) of this	596
section, within forty-five days after a sheriff's receipt of an	597
applicant's completed application form for a concealed handgun	598
license under this section, the supporting documentation, and, if	599
not waived, the license fee, the sheriff shall make available	600
through the law enforcement automated data system in accordance	601
with division (H) of this section the information described in	602
that division and, upon making the information available through	603
the system, shall issue to the applicant a concealed handgun	604
license that shall expire as described in division (D)(2)(a) of	605
this section if all of the following apply:	606

(a) The applicant is legally living in the United States, has	607
been a resident of this state for at least forty-five days, and	608
has been a resident of the county in which the person seeks the	609
license or a county adjacent to the county in which the person	610
seeks the license for at least thirty days. For purposes of	611
division (D)(1)(a) of this section:	612

(i) If a person is absent from the United States, from this	613
state, or from a particular county in this state in compliance	614
with military or naval orders as an active or reserve member of	615
the armed forces of the United States and if prior to leaving this	616
state in compliance with those orders the person was legally	617
living in the United States and was a resident of this state, the	618
person, solely by reason of that absence, shall not be considered	619
to have lost the person's status as living in the United States or	620
the person's residence in this state or in the county in which the	621
person was a resident prior to leaving this state in compliance	622
with those orders, without regard to whether or not the person	623
intends to return to this state or to that county, shall not be	624
considered to have acquired a residence in any other state, and	625
shall not be considered to have become a resident of any other	626
state.	627

(ii) If a person is present in this state in compliance with	628
military or naval orders as an active or reserve member of the	629
armed forces of the United States for at least forty-five days,	630
the person shall be considered to have been a resident of this	631
state for that period of at least forty-five days, and, if a	632
person is present in a county of this state in compliance with	633
military or naval orders as an active or reserve member of the	634
armed forces of the United States for at least thirty days, the	635
person shall be considered to have been a resident of that county	636
for that period of at least thirty days.	637

(b) The applicant is at least twenty-one years of age.

638

(c) The applicant is not a fugitive from justice.

639

(d) The applicant is not under indictment for or otherwise	640
charged with a felony; an offense under Chapter 2925., 3719., or	641
4729. of the Revised Code that involves the illegal possession,	642
use, sale, administration, or distribution of or trafficking in a	643
drug of abuse; a misdemeanor offense of violence; or a violation	644
of section 2903.14 or 2923.1211 of the Revised Code.	645

(e) Except as otherwise provided in division (D)(5) of this	646
section, the applicant has not been convicted of or pleaded guilty	647
to a felony or an offense under Chapter 2925., 3719., or 4729. of	648
the Revised Code that involves the illegal possession, use, sale,	649
administration, or distribution of or trafficking in a drug of	650
abuse; has not been adjudicated a delinquent child for committing	651
an act that if committed by an adult would be a felony or would be	652
an offense under Chapter 2925., 3719., or 4729. of the Revised	653
Code that involves the illegal possession, use, sale,	654
administration, or distribution of or trafficking in a drug of	655
abuse; and has not been convicted of, pleaded guilty to, or	656
adjudicated a delinquent child for committing a violation of	657
section 2903.13 of the Revised Code when the victim of the	658
violation is a peace officer, regardless of whether the applicant	659
was sentenced under division (C)(3)(4) of that section.	660

(f) Except as otherwise provided in division (D)(5) of this	661
section, the applicant, within three years of the date of the	662
application, has not been convicted of or pleaded guilty to a	663
misdemeanor offense of violence other than a misdemeanor violation	664
of section 2921.33 of the Revised Code or a violation of section	665
2903.13 of the Revised Code when the victim of the violation is a	666
peace officer, or a misdemeanor violation of section 2923.1211 of	667
the Revised Code; and has not been adjudicated a delinquent child	668
for committing an act that if committed by an adult would be a	669
misdemeanor offense of violence other than a misdemeanor violation	670
of section 2921.33 of the Revised Code or a violation of section	671
2903.13 of the Revised Code when the victim of the violation is a	672
peace officer or for committing an act that if committed by an	673
adult would be a misdemeanor violation of section 2923.1211 of the	674
Revised Code.	675

(g) Except as otherwise provided in division (D)(1)(e) of	676
this section, the applicant, within five years of the date of the	677
application, has not been convicted of, pleaded guilty to, or	678
adjudicated a delinquent child for committing two or more	679
violations of section 2903.13 or 2903.14 of the Revised Code.	680

(h) Except as otherwise provided in division (D)(5) of this	681
section, the applicant, within ten years of the date of the	682
application, has not been convicted of, pleaded guilty to, or	683
adjudicated a delinquent child for committing a violation of	684
section 2921.33 of the Revised Code.	685

(i) The applicant has not been adjudicated as a mental	686
defective, has not been committed to any mental institution, is	687
not under adjudication of mental incompetence, has not been found	688
by a court to be a mentally ill person subject to hospitalization	689
by court order, and is not an involuntary patient other than one	690
who is a patient only for purposes of observation. As used in this	691
division, "mentally ill person subject to hospitalization by court	692
order" and "patient" have the same meanings as in section 5122.01	693
of the Revised Code.	694

(j) The applicant is not currently subject to a civil	695
protection order, a temporary protection order, or a protection	696
order issued by a court of another state.	697

(k) The applicant certifies that the applicant desires a	698
legal means to carry a concealed handgun for defense of the	699
applicant or a member of the applicant's family while engaged in	700
lawful activity.	701

(l) The applicant submits a competency certification of the	702
type described in division (B)(3) of this section and submits a	703
certification of the type described in division (B)(4) of this	704
section regarding the applicant's reading of the pamphlet prepared	705
by the Ohio peace officer training commission pursuant to section	706
109.731 of the Revised Code.	707

(m) The applicant currently is not subject to a suspension	708
imposed under division (A)(2) of section 2923.128 of the Revised	709
Code of a concealed handgun license that previously was issued to	710
the applicant under this section or section 2923.1213 of the	711
Revised Code.	712

(2)(a) A concealed handgun license that a sheriff issues	713
under division (D)(1) of this section shall expire five years	714
after the date of issuance.	715

If a sheriff issues a license under this section, the sheriff	716
shall place on the license a unique combination of letters and	717
numbers identifying the license in accordance with the procedure	718
prescribed by the Ohio peace officer training commission pursuant	719
to section 109.731 of the Revised Code.	720

(b) If a sheriff denies an application under this section	721
because the applicant does not satisfy the criteria described in	722
division (D)(1) of this section, the sheriff shall specify the	723
grounds for the denial in a written notice to the applicant. The	724
applicant may appeal the denial pursuant to section 119.12 of the	725
Revised Code in the county served by the sheriff who denied the	726
application. If the denial was as a result of the criminal records	727
check conducted pursuant to section 311.41 of the Revised Code and	728
if, pursuant to section 2923.127 of the Revised Code, the	729
applicant challenges the criminal records check results using the	730
appropriate challenge and review procedure specified in that	731
section, the time for filing the appeal pursuant to section 119.12	732
of the Revised Code and this division is tolled during the	733
pendency of the request or the challenge and review. If the court	734
in an appeal under section 119.12 of the Revised Code and this	735
division enters a judgment sustaining the sheriff's refusal to	736
grant to the applicant a concealed handgun license, the applicant	737
may file a new application beginning one year after the judgment	738
is entered. If the court enters a judgment in favor of the	739
applicant, that judgment shall not restrict the authority of a	740
sheriff to suspend or revoke the license pursuant to section	741
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	742
the license for any proper cause that may occur after the date the	743
judgment is entered. In the appeal, the court shall have full	744
power to dispose of all costs.	745

(3) If the sheriff with whom an application for a concealed	746
handgun license was filed under this section becomes aware that	747
the applicant has been arrested for or otherwise charged with an	748
offense that would disqualify the applicant from holding the	749
license, the sheriff shall suspend the processing of the	750
application until the disposition of the case arising from the	751
arrest or charge.	752

(4) If the sheriff determines that the applicant is legally	753
living in the United States and is a resident of the county in	754
which the applicant seeks the license or of an adjacent county but	755
does not yet meet the residency requirements described in division	756
(D)(1)(a) of this section, the sheriff shall not deny the license	757
because of the residency requirements but shall not issue the	758
license until the applicant meets those residency requirements.	759

(5) If an applicant has been convicted of or pleaded guilty	760
to an offense identified in division (D)(1)(e), (f), or (h) of	761
this section or has been adjudicated a delinquent child for	762
committing an act or violation identified in any of those	763
divisions, and if a court has ordered the sealing or expungement	764
of the records of that conviction, guilty plea, or adjudication	765
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	766
2953.36, or section 2953.37 of the Revised Code or a court has	767
granted the applicant relief pursuant to section 2923.14 of the	768
Revised Code from the disability imposed pursuant to section	769
2923.13 of the Revised Code relative to that conviction, guilty	770
plea, or adjudication, the sheriff with whom the application was	771
submitted shall not consider the conviction, guilty plea, or	772
adjudication in making a determination under division (D)(1) or	773
(F) of this section or, in relation to an application for a	774
concealed handgun license on a temporary emergency basis submitted	775
under section 2923.1213 of the Revised Code, in making a	776
determination under division (B)(2) of that section.	777

(E) If a concealed handgun license issued under this section	778
is lost or is destroyed, the licensee may obtain from the sheriff	779
who issued that license a duplicate license upon the payment of a	780
fee of fifteen dollars and the submission of an affidavit	781
attesting to the loss or destruction of the license. The sheriff,	782
in accordance with the procedures prescribed in section 109.731 of	783
the Revised Code, shall place on the replacement license a	784
combination of identifying numbers different from the combination	785
on the license that is being replaced.	786

(F)(1) A licensee who wishes to renew a concealed handgun	787
license issued under this section shall do so not earlier than	788
ninety days before the expiration date of the license or at any	789
time after the expiration date of the license by filing with the	790
sheriff of the county in which the applicant resides or with the	791
sheriff of an adjacent county an application for renewal of the	792
license obtained pursuant to division (D) of this section, a	793
certification by the applicant that, subsequent to the issuance of	794
the license, the applicant has reread the pamphlet prepared by the	795
Ohio peace officer training commission pursuant to section 109.731	796
of the Revised Code that reviews firearms, dispute resolution, and	797
use of deadly force matters, and a nonrefundable license renewal	798
fee in an amount determined pursuant to division (F)(4) of this	799
section unless the fee is waived.	800

(2) A sheriff shall accept a completed renewal application,	801
the license renewal fee, and the information specified in division	802
(F)(1) of this section at the times and in the manners described	803
in division (I) of this section. Upon receipt of a completed	804
renewal application, of certification that the applicant has	805
reread the specified pamphlet prepared by the Ohio peace officer	806
training commission, and of a license renewal fee unless the fee	807
is waived, a sheriff, in the manner specified in section 311.41 of	808
the Revised Code shall conduct or cause to be conducted the	809
criminal records check and the incompetency records check	810
described in section 311.41 of the Revised Code. The sheriff shall	811
renew the license if the sheriff determines that the applicant	812
continues to satisfy the requirements described in division (D)(1)	813
of this section, except that the applicant is not required to meet	814
the requirements of division (D)(1)(l) of this section. A renewed	815
license shall expire five years after the date of issuance. A	816
renewed license is subject to division (E) of this section and	817
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	818
shall comply with divisions (D)(2) to (4) of this section when the	819
circumstances described in those divisions apply to a requested	820
license renewal. If a sheriff denies the renewal of a concealed	821
handgun license, the applicant may appeal the denial, or challenge	822
the criminal record check results that were the basis of the	823
denial if applicable, in the same manner as specified in division	824
(D)(2)(b) of this section and in section 2923.127 of the Revised	825
Code, regarding the denial of a license under this section.	826

(3) A renewal application submitted pursuant to division (F)	827
of this section shall only require the licensee to list on the	828
application form information and matters occurring since the date	829
of the licensee's last application for a license pursuant to	830
division (B) or (F) of this section. A sheriff conducting the	831
criminal records check and the incompetency records check	832
described in section 311.41 of the Revised Code shall conduct the	833
check only from the date of the licensee's last application for a	834
license pursuant to division (B) or (F) of this section through	835
the date of the renewal application submitted pursuant to division	836
(F) of this section.	837

(4) An applicant for a renewal concealed handgun license	838
under this section shall submit to the sheriff of the county in	839
which the applicant resides or to the sheriff of any county	840
adjacent to the county in which the applicant resides a	841
nonrefundable license fee as described in either of the following:	842

(a) For an applicant who has been a resident of this state	843
for five or more years, a fee of fifty dollars;	844

(b) For an applicant who has been a resident of this state	845
for less than five years, a fee of fifty dollars plus the actual	846
cost of having a background check performed by the federal bureau	847
of investigation.	848

(G)(1) Each course, class, or program described in division	849
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	850
person who takes the course, class, or program the web site	851
address at which the pamphlet prepared by the Ohio peace officer	852
training commission pursuant to section 109.731 of the Revised	853
Code that reviews firearms, dispute resolution, and use of deadly	854
force matters may be found. Each such course, class, or program	855
described in one of those divisions shall include at least twelve	856
hours of training in the safe handling and use of a firearm that	857
shall include all of the following:	858

(a) At least ten hours of training on the following matters:

859

(i) The ability to name, explain, and demonstrate the rules	860
for safe handling of a handgun and proper storage practices for	861
handguns and ammunition;	862

(ii) The ability to demonstrate and explain how to handle	863
ammunition in a safe manner;	864

(iii) The ability to demonstrate the knowledge, skills, and	865
attitude necessary to shoot a handgun in a safe manner;	866

(iv) Gun handling training.

867

(b) At least two hours of training that consists of range	868
time and live-fire training.	869

(2) To satisfactorily complete the course, class, or program	870
described in division (B)(3)(a), (b), (c), or (e) of this section,	871
the applicant shall pass a competency examination that shall	872
include both of the following:	873

(a) A written section on the ability to name and explain the	874
rules for the safe handling of a handgun and proper storage	875
practices for handguns and ammunition;	876

(b) A physical demonstration of competence in the use of a	877
handgun and in the rules for safe handling and storage of a	878
handgun and a physical demonstration of the attitude necessary to	879
shoot a handgun in a safe manner.	880

(3) The competency certification described in division	881
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	882
shall attest that the course, class, or program the applicant	883
successfully completed met the requirements described in division	884
(G)(1) of this section and that the applicant passed the	885
competency examination described in division (G)(2) of this	886
section.	887

(H) Upon deciding to issue a concealed handgun license,	888
deciding to issue a replacement concealed handgun license, or	889
deciding to renew a concealed handgun license pursuant to this	890
section, and before actually issuing or renewing the license, the	891
sheriff shall make available through the law enforcement automated	892
data system all information contained on the license. If the	893
license subsequently is suspended under division (A)(1) or (2) of	894
section 2923.128 of the Revised Code, revoked pursuant to division	895
(B)(1) of section 2923.128 of the Revised Code, or lost or	896
destroyed, the sheriff also shall make available through the law	897
enforcement automated data system a notation of that fact. The	898
superintendent of the state highway patrol shall ensure that the	899
law enforcement automated data system is so configured as to	900
permit the transmission through the system of the information	901
specified in this division.	902

(I) A sheriff shall accept a completed application form or	903
renewal application, and the fee, items, materials, and	904
information specified in divisions (B)(1) to (5) or division (F)	905
of this section, whichever is applicable, and shall provide an	906
application form or renewal application to any person during at	907
least fifteen hours a week and shall provide the web site address	908
at which the pamphlet described in division (B) of section 109.731	909
of the Revised Code may be found at any time, upon request. The	910
sheriff shall post notice of the hours during which the sheriff is	911
available to accept or provide the information described in this	912
division.	913

Sec. 2929.13.  (A) Except as provided in division (E), (F),	914
or (G) of this section and unless a specific sanction is required	915
to be imposed or is precluded from being imposed pursuant to law,	916
a court that imposes a sentence upon an offender for a felony may	917
impose any sanction or combination of sanctions on the offender	918
that are provided in sections 2929.14 to 2929.18 of the Revised	919
Code.	920

If the offender is eligible to be sentenced to community	921
control sanctions, the court shall consider the appropriateness of	922
imposing a financial sanction pursuant to section 2929.18 of the	923
Revised Code or a sanction of community service pursuant to	924
section 2929.17 of the Revised Code as the sole sanction for the	925
offense. Except as otherwise provided in this division, if the	926
court is required to impose a mandatory prison term for the	927
offense for which sentence is being imposed, the court also shall	928
impose any financial sanction pursuant to section 2929.18 of the	929
Revised Code that is required for the offense and may impose any	930
other financial sanction pursuant to that section but may not	931
impose any additional sanction or combination of sanctions under	932
section 2929.16 or 2929.17 of the Revised Code.	933

If the offender is being sentenced for a fourth degree felony	934
OVI offense or for a third degree felony OVI offense, in addition	935
to the mandatory term of local incarceration or the mandatory	936
prison term required for the offense by division (G)(1) or (2) of	937
this section, the court shall impose upon the offender a mandatory	938
fine in accordance with division (B)(3) of section 2929.18 of the	939
Revised Code and may impose whichever of the following is	940
applicable:	941

(1) For a fourth degree felony OVI offense for which sentence	942
is imposed under division (G)(1) of this section, an additional	943
community control sanction or combination of community control	944
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	945
the court imposes upon the offender a community control sanction	946
and the offender violates any condition of the community control	947
sanction, the court may take any action prescribed in division (B)	948
of section 2929.15 of the Revised Code relative to the offender,	949
including imposing a prison term on the offender pursuant to that	950
division.	951

(2) For a third or fourth degree felony OVI offense for which	952
sentence is imposed under division (G)(2) of this section, an	953
additional prison term as described in division (B)(4) of section	954
2929.14 of the Revised Code or a community control sanction as	955
described in division (G)(2) of this section.	956

(B)(1)(a) Except as provided in division (B)(1)(b) of this	957
section, if an offender is convicted of or pleads guilty to a	958
felony of the fourth or fifth degree that is not an offense of	959
violence or that is a qualifying assault offense, the court shall	960
sentence the offender to a community control sanction of at least	961
one year's duration if all of the following apply:	962

(i) The offender previously has not been convicted of or	963
pleaded guilty to a felony offense.	964

(ii) The most serious charge against the offender at the time	965
of sentencing is a felony of the fourth or fifth degree.	966

(iii) If the court made a request of the department of	967
rehabilitation and correction pursuant to division (B)(1)(c) of	968
this section, the department, within the forty-five-day period	969
specified in that division, provided the court with the names of,	970
contact information for, and program details of one or more	971
community control sanctions of at least one year's duration that	972
are available for persons sentenced by the court.	973

(iv) The offender previously has not been convicted of or	974
pleaded guilty to a misdemeanor offense of violence that the	975
offender committed within two years prior to the offense for which	976
sentence is being imposed.	977

(b) The court has discretion to impose a prison term upon an	978
offender who is convicted of or pleads guilty to a felony of the	979
fourth or fifth degree that is not an offense of violence or that	980
is a qualifying assault offense if any of the following apply:	981

(i) The offender committed the offense while having a firearm	982
on or about the offender's person or under the offender's control.	983

(ii) If the offense is a qualifying assault offense, the	984
offender caused serious physical harm to another person while	985
committing the offense, and, if the offense is not a qualifying	986
assault offense, the offender caused physical harm to another	987
person while committing the offense.	988

(iii) The offender violated a term of the conditions of bond	989
as set by the court.	990

(iv) The court made a request of the department of	991
rehabilitation and correction pursuant to division (B)(1)(c) of	992
this section, and the department, within the forty-five-day period	993
specified in that division, did not provide the court with the	994
name of, contact information for, and program details of any	995
community control sanction of at least one year's duration that is	996
available for persons sentenced by the court.	997

(v) The offense is a sex offense that is a fourth or fifth	998
degree felony violation of any provision of Chapter 2907. of the	999
Revised Code.	1000

(vi) In committing the offense, the offender attempted to	1001
cause or made an actual threat of physical harm to a person with a	1002
deadly weapon.	1003

(vii) In committing the offense, the offender attempted to	1004
cause or made an actual threat of physical harm to a person, and	1005
the offender previously was convicted of an offense that caused	1006
physical harm to a person.	1007

(viii) The offender held a public office or position of	1008
trust, and the offense related to that office or position; the	1009
offender's position obliged the offender to prevent the offense or	1010
to bring those committing it to justice; or the offender's	1011
professional reputation or position facilitated the offense or was	1012
likely to influence the future conduct of others.	1013

(ix) The offender committed the offense for hire or as part	1014
of an organized criminal activity.	1015

(x) The offender at the time of the offense was serving, or	1016
the offender previously had served, a prison term.	1017

(xi) The offender committed the offense while under a	1018
community control sanction, while on probation, or while released	1019
from custody on a bond or personal recognizance.	1020

(c) If a court that is sentencing an offender who is	1021
convicted of or pleads guilty to a felony of the fourth or fifth	1022
degree that is not an offense of violence or that is a qualifying	1023
assault offense believes that no community control sanctions are	1024
available for its use that, if imposed on the offender, will	1025
adequately fulfill the overriding principles and purposes of	1026
sentencing, the court shall contact the department of	1027
rehabilitation and correction and ask the department to provide	1028
the court with the names of, contact information for, and program	1029
details of one or more community control sanctions of at least one	1030
year's duration that are available for persons sentenced by the	1031
court. Not later than forty-five days after receipt of a request	1032
from a court under this division, the department shall provide the	1033
court with the names of, contact information for, and program	1034
details of one or more community control sanctions of at least one	1035
year's duration that are available for persons sentenced by the	1036
court, if any. Upon making a request under this division that	1037
relates to a particular offender, a court shall defer sentencing	1038
of that offender until it receives from the department the names	1039
of, contact information for, and program details of one or more	1040
community control sanctions of at least one year's duration that	1041
are available for persons sentenced by the court or for forty-five	1042
days, whichever is the earlier.	1043

If the department provides the court with the names of,	1044
contact information for, and program details of one or more	1045
community control sanctions of at least one year's duration that	1046
are available for persons sentenced by the court within the	1047
forty-five-day period specified in this division, the court shall	1048
impose upon the offender a community control sanction under	1049
division (B)(1)(a) of this section, except that the court may	1050
impose a prison term under division (B)(1)(b) of this section if a	1051
factor described in division (B)(1)(b)(i) or (ii) of this section	1052
applies. If the department does not provide the court with the	1053
names of, contact information for, and program details of one or	1054
more community control sanctions of at least one year's duration	1055
that are available for persons sentenced by the court within the	1056
forty-five-day period specified in this division, the court may	1057
impose upon the offender a prison term under division	1058
(B)(1)(b)(iv) of this section.	1059

(d) A sentencing court may impose an additional penalty under	1060
division (B) of section 2929.15 of the Revised Code upon an	1061
offender sentenced to a community control sanction under division	1062
(B)(1)(a) of this section if the offender violates the conditions	1063
of the community control sanction, violates a law, or leaves the	1064
state without the permission of the court or the offender's	1065
probation officer.	1066

(2) If division (B)(1) of this section does not apply, except	1067
as provided in division (E), (F), or (G) of this section, in	1068
determining whether to impose a prison term as a sanction for a	1069
felony of the fourth or fifth degree, the sentencing court shall	1070
comply with the purposes and principles of sentencing under	1071
section 2929.11 of the Revised Code and with section 2929.12 of	1072
the Revised Code.	1073

(C) Except as provided in division (D), (E), (F), or (G) of	1074
this section, in determining whether to impose a prison term as a	1075
sanction for a felony of the third degree or a felony drug offense	1076
that is a violation of a provision of Chapter 2925. of the Revised	1077
Code and that is specified as being subject to this division for	1078
purposes of sentencing, the sentencing court shall comply with the	1079
purposes and principles of sentencing under section 2929.11 of the	1080
Revised Code and with section 2929.12 of the Revised Code.	1081

(D)(1) Except as provided in division (E) or (F) of this	1082
section, for a felony of the first or second degree, for a felony	1083
drug offense that is a violation of any provision of Chapter	1084
2925., 3719., or 4729. of the Revised Code for which a presumption	1085
in favor of a prison term is specified as being applicable, and	1086
for a violation of division (A)(4) or (B) of section 2907.05 of	1087
the Revised Code for which a presumption in favor of a prison term	1088
is specified as being applicable, it is presumed that a prison	1089
term is necessary in order to comply with the purposes and	1090
principles of sentencing under section 2929.11 of the Revised	1091
Code. Division (D)(2) of this section does not apply to a	1092
presumption established under this division for a violation of	1093
division (A)(4) of section 2907.05 of the Revised Code.	1094

(2) Notwithstanding the presumption established under	1095
division (D)(1) of this section for the offenses listed in that	1096
division other than a violation of division (A)(4) or (B) of	1097
section 2907.05 of the Revised Code, the sentencing court may	1098
impose a community control sanction or a combination of community	1099
control sanctions instead of a prison term on an offender for a	1100
felony of the first or second degree or for a felony drug offense	1101
that is a violation of any provision of Chapter 2925., 3719., or	1102
4729. of the Revised Code for which a presumption in favor of a	1103
prison term is specified as being applicable if it makes both of	1104
the following findings:	1105

(a) A community control sanction or a combination of	1106
community control sanctions would adequately punish the offender	1107
and protect the public from future crime, because the applicable	1108
factors under section 2929.12 of the Revised Code indicating a	1109
lesser likelihood of recidivism outweigh the applicable factors	1110
under that section indicating a greater likelihood of recidivism.	1111

(b) A community control sanction or a combination of	1112
community control sanctions would not demean the seriousness of	1113
the offense, because one or more factors under section 2929.12 of	1114
the Revised Code that indicate that the offender's conduct was	1115
less serious than conduct normally constituting the offense are	1116
applicable, and they outweigh the applicable factors under that	1117
section that indicate that the offender's conduct was more serious	1118
than conduct normally constituting the offense.	1119

(E)(1) Except as provided in division (F) of this section,	1120
for any drug offense that is a violation of any provision of	1121
Chapter 2925. of the Revised Code and that is a felony of the	1122
third, fourth, or fifth degree, the applicability of a presumption	1123
under division (D) of this section in favor of a prison term or of	1124
division (B) or (C) of this section in determining whether to	1125
impose a prison term for the offense shall be determined as	1126
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1127
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1128
Revised Code, whichever is applicable regarding the violation.	1129

(2) If an offender who was convicted of or pleaded guilty to	1130
a felony violates the conditions of a community control sanction	1131
imposed for the offense solely by reason of producing positive	1132
results on a drug test, the court, as punishment for the violation	1133
of the sanction, shall not order that the offender be imprisoned	1134
unless the court determines on the record either of the following:	1135

(a) The offender had been ordered as a sanction for the	1136
felony to participate in a drug treatment program, in a drug	1137
education program, or in narcotics anonymous or a similar program,	1138
and the offender continued to use illegal drugs after a reasonable	1139
period of participation in the program.	1140

(b) The imprisonment of the offender for the violation is	1141
consistent with the purposes and principles of sentencing set	1142
forth in section 2929.11 of the Revised Code.	1143

(3) A court that sentences an offender for a drug abuse	1144
offense that is a felony of the third, fourth, or fifth degree may	1145
require that the offender be assessed by a properly credentialed	1146
professional within a specified period of time. The court shall	1147
require the professional to file a written assessment of the	1148
offender with the court. If the offender is eligible for a	1149
community control sanction and after considering the written	1150
assessment, the court may impose a community control sanction that	1151
includes treatment and recovery support services authorized by	1152
section 3793.02 of the Revised Code. If the court imposes	1153
treatment and recovery support services as a community control	1154
sanction, the court shall direct the level and type of treatment	1155
and recovery support services after considering the assessment and	1156
recommendation of treatment and recovery support services	1157
providers.	1158

(F) Notwithstanding divisions (A) to (E) of this section, the	1159
court shall impose a prison term or terms under sections 2929.02	1160
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1161
of the Revised Code and except as specifically provided in section	1162
2929.20, divisions (C) to (I) of section 2967.19, or section	1163
2967.191 of the Revised Code or when parole is authorized for the	1164
offense under section 2967.13 of the Revised Code shall not reduce	1165
the term or terms pursuant to section 2929.20, section 2967.19,	1166
section 2967.193, or any other provision of Chapter 2967. or	1167
Chapter 5120. of the Revised Code for any of the following	1168
offenses:	1169

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

1170

(2) Any rape, regardless of whether force was involved and	1171
regardless of the age of the victim, or an attempt to commit rape	1172
if, had the offender completed the rape that was attempted, the	1173
offender would have been guilty of a violation of division	1174
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1175
sentenced under section 2971.03 of the Revised Code;	1176

(3) Gross sexual imposition or sexual battery, if the victim	1177
is less than thirteen years of age and if any of the following	1178
applies:	1179

(a) Regarding gross sexual imposition, the offender	1180
previously was convicted of or pleaded guilty to rape, the former	1181
offense of felonious sexual penetration, gross sexual imposition,	1182
or sexual battery, and the victim of the previous offense was less	1183
than thirteen years of age;	1184

(b) Regarding gross sexual imposition, the offense was	1185
committed on or after August 3, 2006, and evidence other than the	1186
testimony of the victim was admitted in the case corroborating the	1187
violation.	1188

(c) Regarding sexual battery, either of the following	1189
applies:	1190

(i) The offense was committed prior to August 3, 2006, the	1191
offender previously was convicted of or pleaded guilty to rape,	1192
the former offense of felonious sexual penetration, or sexual	1193
battery, and the victim of the previous offense was less than	1194
thirteen years of age.	1195

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

1196

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1197
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	1198
if the section requires the imposition of a prison term;	1199

(5) A first, second, or third degree felony drug offense for	1200
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1201
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1202
4729.99 of the Revised Code, whichever is applicable regarding the	1203
violation, requires the imposition of a mandatory prison term;	1204

(6) Any offense that is a first or second degree felony and	1205
that is not set forth in division (F)(1), (2), (3), or (4) of this	1206
section, if the offender previously was convicted of or pleaded	1207
guilty to aggravated murder, murder, any first or second degree	1208
felony, or an offense under an existing or former law of this	1209
state, another state, or the United States that is or was	1210
substantially equivalent to one of those offenses;	1211

(7) Any offense that is a third degree felony and either is a	1212
violation of section 2903.04 of the Revised Code or an attempt to	1213
commit a felony of the second degree that is an offense of	1214
violence and involved an attempt to cause serious physical harm to	1215
a person or that resulted in serious physical harm to a person if	1216
the offender previously was convicted of or pleaded guilty to any	1217
of the following offenses:	1218

(a) Aggravated murder, murder, involuntary manslaughter,	1219
rape, felonious sexual penetration as it existed under section	1220
2907.12 of the Revised Code prior to September 3, 1996, a felony	1221
of the first or second degree that resulted in the death of a	1222
person or in physical harm to a person, or complicity in or an	1223
attempt to commit any of those offenses;	1224

(b) An offense under an existing or former law of this state,	1225
another state, or the United States that is or was substantially	1226
equivalent to an offense listed in division (F)(7)(a) of this	1227
section that resulted in the death of a person or in physical harm	1228
to a person.	1229

(8) Any offense, other than a violation of section 2923.12 of	1230
the Revised Code, that is a felony, if the offender had a firearm	1231
on or about the offender's person or under the offender's control	1232
while committing the felony, with respect to a portion of the	1233
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	1234
of the Revised Code for having the firearm;	1235

(9) Any offense of violence that is a felony, if the offender	1236
wore or carried body armor while committing the felony offense of	1237
violence, with respect to the portion of the sentence imposed	1238
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	1239
Code for wearing or carrying the body armor;	1240

(10) Corrupt activity in violation of section 2923.32 of the	1241
Revised Code when the most serious offense in the pattern of	1242
corrupt activity that is the basis of the offense is a felony of	1243
the first degree;	1244

(11) Any violent sex offense or designated homicide, assault,	1245
or kidnapping offense if, in relation to that offense, the	1246
offender is adjudicated a sexually violent predator;	1247

(12) A violation of division (A)(1) or (2) of section 2921.36	1248
of the Revised Code, or a violation of division (C) of that	1249
section involving an item listed in division (A)(1) or (2) of that	1250
section, if the offender is an officer or employee of the	1251
department of rehabilitation and correction;	1252

(13) A violation of division (A)(1) or (2) of section 2903.06	1253
of the Revised Code if the victim of the offense is a peace	1254
officer, as defined in section 2935.01 of the Revised Code, or an	1255
investigator of the bureau of criminal identification and	1256
investigation, as defined in section 2903.11 of the Revised Code,	1257
with respect to the portion of the sentence imposed pursuant to	1258
division (B)(5) of section 2929.14 of the Revised Code;	1259

(14) A violation of division (A)(1) or (2) of section 2903.06	1260
of the Revised Code if the offender has been convicted of or	1261
pleaded guilty to three or more violations of division (A) or (B)	1262
of section 4511.19 of the Revised Code or an equivalent offense,	1263
as defined in section 2941.1415 of the Revised Code, or three or	1264
more violations of any combination of those divisions and	1265
offenses, with respect to the portion of the sentence imposed	1266
pursuant to division (B)(6) of section 2929.14 of the Revised	1267
Code;	1268

(15) Kidnapping, in the circumstances specified in section	1269
2971.03 of the Revised Code and when no other provision of	1270
division (F) of this section applies;	1271

(16) Kidnapping, abduction, compelling prostitution,	1272
promoting prostitution, engaging in a pattern of corrupt activity,	1273
illegal use of a minor in a nudity-oriented material or	1274
performance in violation of division (A)(1) or (2) of section	1275
2907.323 of the Revised Code, or endangering children in violation	1276
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	1277
the Revised Code, if the offender is convicted of or pleads guilty	1278
to a specification as described in section 2941.1422 of the	1279
Revised Code that was included in the indictment, count in the	1280
indictment, or information charging the offense;	1281

(17) A felony violation of division (A) or (B) of section	1282
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	1283
that section, and division (D)(6) of that section, require the	1284
imposition of a prison term;	1285

(18) A felony violation of section 2903.11, 2903.12, or	1286
2903.13 of the Revised Code, if the victim of the offense was a	1287
woman that the offender knew was pregnant at the time of the	1288
violation, with respect to a portion of the sentence imposed	1289
pursuant to division (B)(8) of section 2929.14 of the Revised	1290
Code.	1291

(G) Notwithstanding divisions (A) to (E) of this section, if	1292
an offender is being sentenced for a fourth degree felony OVI	1293
offense or for a third degree felony OVI offense, the court shall	1294
impose upon the offender a mandatory term of local incarceration	1295
or a mandatory prison term in accordance with the following:	1296

(1) If the offender is being sentenced for a fourth degree	1297
felony OVI offense and if the offender has not been convicted of	1298
and has not pleaded guilty to a specification of the type	1299
described in section 2941.1413 of the Revised Code, the court may	1300
impose upon the offender a mandatory term of local incarceration	1301
of sixty days or one hundred twenty days as specified in division	1302
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1303
not reduce the term pursuant to section 2929.20, 2967.193, or any	1304
other provision of the Revised Code. The court that imposes a	1305
mandatory term of local incarceration under this division shall	1306
specify whether the term is to be served in a jail, a	1307
community-based correctional facility, a halfway house, or an	1308
alternative residential facility, and the offender shall serve the	1309
term in the type of facility specified by the court. A mandatory	1310
term of local incarceration imposed under division (G)(1) of this	1311
section is not subject to any other Revised Code provision that	1312
pertains to a prison term except as provided in division (A)(1) of	1313
this section.	1314

(2) If the offender is being sentenced for a third degree	1315
felony OVI offense, or if the offender is being sentenced for a	1316
fourth degree felony OVI offense and the court does not impose a	1317
mandatory term of local incarceration under division (G)(1) of	1318
this section, the court shall impose upon the offender a mandatory	1319
prison term of one, two, three, four, or five years if the	1320
offender also is convicted of or also pleads guilty to a	1321
specification of the type described in section 2941.1413 of the	1322
Revised Code or shall impose upon the offender a mandatory prison	1323
term of sixty days or one hundred twenty days as specified in	1324
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1325
if the offender has not been convicted of and has not pleaded	1326
guilty to a specification of that type. Subject to divisions (C)	1327
to (I) of section 2967.19 of the Revised Code, the court shall not	1328
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	1329
any other provision of the Revised Code. The offender shall serve	1330
the one-, two-, three-, four-, or five-year mandatory prison term	1331
consecutively to and prior to the prison term imposed for the	1332
underlying offense and consecutively to any other mandatory prison	1333
term imposed in relation to the offense. In no case shall an	1334
offender who once has been sentenced to a mandatory term of local	1335
incarceration pursuant to division (G)(1) of this section for a	1336
fourth degree felony OVI offense be sentenced to another mandatory	1337
term of local incarceration under that division for any violation	1338
of division (A) of section 4511.19 of the Revised Code. In	1339
addition to the mandatory prison term described in division (G)(2)	1340
of this section, the court may sentence the offender to a	1341
community control sanction under section 2929.16 or 2929.17 of the	1342
Revised Code, but the offender shall serve the prison term prior	1343
to serving the community control sanction. The department of	1344
rehabilitation and correction may place an offender sentenced to a	1345
mandatory prison term under this division in an intensive program	1346
prison established pursuant to section 5120.033 of the Revised	1347
Code if the department gave the sentencing judge prior notice of	1348
its intent to place the offender in an intensive program prison	1349
established under that section and if the judge did not notify the	1350
department that the judge disapproved the placement. Upon the	1351
establishment of the initial intensive program prison pursuant to	1352
section 5120.033 of the Revised Code that is privately operated	1353
and managed by a contractor pursuant to a contract entered into	1354
under section 9.06 of the Revised Code, both of the following	1355
apply:	1356

(a) The department of rehabilitation and correction shall	1357
make a reasonable effort to ensure that a sufficient number of	1358
offenders sentenced to a mandatory prison term under this division	1359
are placed in the privately operated and managed prison so that	1360
the privately operated and managed prison has full occupancy.	1361

(b) Unless the privately operated and managed prison has full	1362
occupancy, the department of rehabilitation and correction shall	1363
not place any offender sentenced to a mandatory prison term under	1364
this division in any intensive program prison established pursuant	1365
to section 5120.033 of the Revised Code other than the privately	1366
operated and managed prison.	1367

(H) If an offender is being sentenced for a sexually oriented	1368
offense or child-victim oriented offense that is a felony	1369
committed on or after January 1, 1997, the judge shall require the	1370
offender to submit to a DNA specimen collection procedure pursuant	1371
to section 2901.07 of the Revised Code.	1372

(I) If an offender is being sentenced for a sexually oriented	1373
offense or a child-victim oriented offense committed on or after	1374
January 1, 1997, the judge shall include in the sentence a summary	1375
of the offender's duties imposed under sections 2950.04, 2950.041,	1376
2950.05, and 2950.06 of the Revised Code and the duration of the	1377
duties. The judge shall inform the offender, at the time of	1378
sentencing, of those duties and of their duration. If required	1379
under division (A)(2) of section 2950.03 of the Revised Code, the	1380
judge shall perform the duties specified in that section, or, if	1381
required under division (A)(6) of section 2950.03 of the Revised	1382
Code, the judge shall perform the duties specified in that	1383
division.	1384

(J)(1) Except as provided in division (J)(2) of this section,	1385
when considering sentencing factors under this section in relation	1386
to an offender who is convicted of or pleads guilty to an attempt	1387
to commit an offense in violation of section 2923.02 of the	1388
Revised Code, the sentencing court shall consider the factors	1389
applicable to the felony category of the violation of section	1390
2923.02 of the Revised Code instead of the factors applicable to	1391
the felony category of the offense attempted.	1392

(2) When considering sentencing factors under this section in	1393
relation to an offender who is convicted of or pleads guilty to an	1394
attempt to commit a drug abuse offense for which the penalty is	1395
determined by the amount or number of unit doses of the controlled	1396
substance involved in the drug abuse offense, the sentencing court	1397
shall consider the factors applicable to the felony category that	1398
the drug abuse offense attempted would be if that drug abuse	1399
offense had been committed and had involved an amount or number of	1400
unit doses of the controlled substance that is within the next	1401
lower range of controlled substance amounts than was involved in	1402
the attempt.	1403

(K) As used in this section:

1404

(1) "Drug abuse offense" has the same meaning as in section	1405
2925.01 of the Revised Code.	1406

(2) "Qualifying assault offense" means a violation of section	1407
2903.13 of the Revised Code for which the penalty provision in	1408
division (C)(7)(8)(b) or (C)(8)(9)(b) of that section applies.	1409

(L) At the time of sentencing an offender for any sexually	1410
oriented offense, if the offender is a tier III sex	1411
offender/child-victim offender relative to that offense and the	1412
offender does not serve a prison term or jail term, the court may	1413
require that the offender be monitored by means of a global	1414
positioning device. If the court requires such monitoring, the	1415
cost of monitoring shall be borne by the offender. If the offender	1416
is indigent, the cost of compliance shall be paid by the crime	1417
victims reparations fund.	1418

Sec. 2929.14.  (A) Except as provided in division (B)(1),	1419
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	1420
(H), or (J) of this section or in division (D)(6) of section	1421
2919.25 of the Revised Code and except in relation to an offense	1422
for which a sentence of death or life imprisonment is to be	1423
imposed, if the court imposing a sentence upon an offender for a	1424
felony elects or is required to impose a prison term on the	1425
offender pursuant to this chapter, the court shall impose a	1426
definite prison term that shall be one of the following:	1427

(1) For a felony of the first degree, the prison term shall	1428
be three, four, five, six, seven, eight, nine, ten, or eleven	1429
years.	1430

(2) For a felony of the second degree, the prison term shall	1431
be two, three, four, five, six, seven, or eight years.	1432

(3)(a) For a felony of the third degree that is a violation	1433
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	1434
Revised Code or that is a violation of section 2911.02 or 2911.12	1435
of the Revised Code if the offender previously has been convicted	1436
of or pleaded guilty in two or more separate proceedings to two or	1437
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	1438
of the Revised Code, the prison term shall be twelve, eighteen,	1439
twenty-four, thirty, thirty-six, forty-two, forty-eight,	1440
fifty-four, or sixty months.	1441

(b) For a felony of the third degree that is not an offense	1442
for which division (A)(3)(a) of this section applies, the prison	1443
term shall be nine, twelve, eighteen, twenty-four, thirty, or	1444
thirty-six months.	1445

(4) For a felony of the fourth degree, the prison term shall	1446
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1447
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1448

(5) For a felony of the fifth degree, the prison term shall	1449
be six, seven, eight, nine, ten, eleven, or twelve months.	1450

(B)(1)(a) Except as provided in division (B)(1)(e) of this	1451
section, if an offender who is convicted of or pleads guilty to a	1452
felony also is convicted of or pleads guilty to a specification of	1453
the type described in section 2941.141, 2941.144, or 2941.145 of	1454
the Revised Code, the court shall impose on the offender one of	1455
the following prison terms:	1456

(i) A prison term of six years if the specification is of the	1457
type described in section 2941.144 of the Revised Code that	1458
charges the offender with having a firearm that is an automatic	1459
firearm or that was equipped with a firearm muffler or silencer on	1460
or about the offender's person or under the offender's control	1461
while committing the felony;	1462

(ii) A prison term of three years if the specification is of	1463
the type described in section 2941.145 of the Revised Code that	1464
charges the offender with having a firearm on or about the	1465
offender's person or under the offender's control while committing	1466
the offense and displaying the firearm, brandishing the firearm,	1467
indicating that the offender possessed the firearm, or using it to	1468
facilitate the offense;	1469

(iii) A prison term of one year if the specification is of	1470
the type described in section 2941.141 of the Revised Code that	1471
charges the offender with having a firearm on or about the	1472
offender's person or under the offender's control while committing	1473
the felony.	1474

(b) If a court imposes a prison term on an offender under	1475
division (B)(1)(a) of this section, the prison term shall not be	1476
reduced pursuant to section 2967.19, section 2929.20, section	1477
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1478
of the Revised Code. Except as provided in division (B)(1)(g) of	1479
this section, a court shall not impose more than one prison term	1480
on an offender under division (B)(1)(a) of this section for	1481
felonies committed as part of the same act or transaction.	1482

(c) Except as provided in division (B)(1)(e) of this section,	1483
if an offender who is convicted of or pleads guilty to a violation	1484
of section 2923.161 of the Revised Code or to a felony that	1485
includes, as an essential element, purposely or knowingly causing	1486
or attempting to cause the death of or physical harm to another,	1487
also is convicted of or pleads guilty to a specification of the	1488
type described in section 2941.146 of the Revised Code that	1489
charges the offender with committing the offense by discharging a	1490
firearm from a motor vehicle other than a manufactured home, the	1491
court, after imposing a prison term on the offender for the	1492
violation of section 2923.161 of the Revised Code or for the other	1493
felony offense under division (A), (B)(2), or (B)(3) of this	1494
section, shall impose an additional prison term of five years upon	1495
the offender that shall not be reduced pursuant to section	1496
2929.20, section 2967.19, section 2967.193, or any other provision	1497
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	1498
shall not impose more than one additional prison term on an	1499
offender under division (B)(1)(c) of this section for felonies	1500
committed as part of the same act or transaction. If a court	1501
imposes an additional prison term on an offender under division	1502
(B)(1)(c) of this section relative to an offense, the court also	1503
shall impose a prison term under division (B)(1)(a) of this	1504
section relative to the same offense, provided the criteria	1505
specified in that division for imposing an additional prison term	1506
are satisfied relative to the offender and the offense.	1507

(d) If an offender who is convicted of or pleads guilty to an	1508
offense of violence that is a felony also is convicted of or	1509
pleads guilty to a specification of the type described in section	1510
2941.1411 of the Revised Code that charges the offender with	1511
wearing or carrying body armor while committing the felony offense	1512
of violence, the court shall impose on the offender a prison term	1513
of two years. The prison term so imposed, subject to divisions (C)	1514
to (I) of section 2967.19 of the Revised Code, shall not be	1515
reduced pursuant to section 2929.20, section 2967.19, section	1516
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1517
of the Revised Code. A court shall not impose more than one prison	1518
term on an offender under division (B)(1)(d) of this section for	1519
felonies committed as part of the same act or transaction. If a	1520
court imposes an additional prison term under division (B)(1)(a)	1521
or (c) of this section, the court is not precluded from imposing	1522
an additional prison term under division (B)(1)(d) of this	1523
section.	1524

(e) The court shall not impose any of the prison terms	1525
described in division (B)(1)(a) of this section or any of the	1526
additional prison terms described in division (B)(1)(c) of this	1527
section upon an offender for a violation of section 2923.12 or	1528
2923.123 of the Revised Code. The court shall not impose any of	1529
the prison terms described in division (B)(1)(a) or (b) of this	1530
section upon an offender for a violation of section 2923.122 that	1531
involves a deadly weapon that is a firearm other than a dangerous	1532
ordnance, section 2923.16, or section 2923.121 of the Revised	1533
Code. The court shall not impose any of the prison terms described	1534
in division (B)(1)(a) of this section or any of the additional	1535
prison terms described in division (B)(1)(c) of this section upon	1536
an offender for a violation of section 2923.13 of the Revised Code	1537
unless all of the following apply:	1538

(i) The offender previously has been convicted of aggravated	1539
murder, murder, or any felony of the first or second degree.	1540

(ii) Less than five years have passed since the offender was	1541
released from prison or post-release control, whichever is later,	1542
for the prior offense.	1543

(f) If an offender is convicted of or pleads guilty to a	1544
felony that includes, as an essential element, causing or	1545
attempting to cause the death of or physical harm to another and	1546
also is convicted of or pleads guilty to a specification of the	1547
type described in section 2941.1412 of the Revised Code that	1548
charges the offender with committing the offense by discharging a	1549
firearm at a peace officer as defined in section 2935.01 of the	1550
Revised Code or a corrections officer, as defined in section	1551
2941.1412 of the Revised Code, the court, after imposing a prison	1552
term on the offender for the felony offense under division (A),	1553
(B)(2), or (B)(3) of this section, shall impose an additional	1554
prison term of seven years upon the offender that shall not be	1555
reduced pursuant to section 2929.20, section 2967.19, section	1556
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1557
of the Revised Code. If an offender is convicted of or pleads	1558
guilty to two or more felonies that include, as an essential	1559
element, causing or attempting to cause the death or physical harm	1560
to another and also is convicted of or pleads guilty to a	1561
specification of the type described under division (B)(1)(f) of	1562
this section in connection with two or more of the felonies of	1563
which the offender is convicted or to which the offender pleads	1564
guilty, the sentencing court shall impose on the offender the	1565
prison term specified under division (B)(1)(f) of this section for	1566
each of two of the specifications of which the offender is	1567
convicted or to which the offender pleads guilty and, in its	1568
discretion, also may impose on the offender the prison term	1569
specified under that division for any or all of the remaining	1570
specifications. If a court imposes an additional prison term on an	1571
offender under division (B)(1)(f) of this section relative to an	1572
offense, the court shall not impose a prison term under division	1573
(B)(1)(a) or (c) of this section relative to the same offense.	1574

(g) If an offender is convicted of or pleads guilty to two or	1575
more felonies, if one or more of those felonies are aggravated	1576
murder, murder, attempted aggravated murder, attempted murder,	1577
aggravated robbery, felonious assault, or rape, and if the	1578
offender is convicted of or pleads guilty to a specification of	1579
the type described under division (B)(1)(a) of this section in	1580
connection with two or more of the felonies, the sentencing court	1581
shall impose on the offender the prison term specified under	1582
division (B)(1)(a) of this section for each of the two most	1583
serious specifications of which the offender is convicted or to	1584
which the offender pleads guilty and, in its discretion, also may	1585
impose on the offender the prison term specified under that	1586
division for any or all of the remaining specifications.	1587

(2)(a) If division (B)(2)(b) of this section does not apply,	1588
the court may impose on an offender, in addition to the longest	1589
prison term authorized or required for the offense, an additional	1590
definite prison term of one, two, three, four, five, six, seven,	1591
eight, nine, or ten years if all of the following criteria are	1592
met:	1593

(i) The offender is convicted of or pleads guilty to a	1594
specification of the type described in section 2941.149 of the	1595
Revised Code that the offender is a repeat violent offender.	1596

(ii) The offense of which the offender currently is convicted	1597
or to which the offender currently pleads guilty is aggravated	1598
murder and the court does not impose a sentence of death or life	1599
imprisonment without parole, murder, terrorism and the court does	1600
not impose a sentence of life imprisonment without parole, any	1601
felony of the first degree that is an offense of violence and the	1602
court does not impose a sentence of life imprisonment without	1603
parole, or any felony of the second degree that is an offense of	1604
violence and the trier of fact finds that the offense involved an	1605
attempt to cause or a threat to cause serious physical harm to a	1606
person or resulted in serious physical harm to a person.	1607

(iii) The court imposes the longest prison term for the	1608
offense that is not life imprisonment without parole.	1609

(iv) The court finds that the prison terms imposed pursuant	1610
to division (B)(2)(a)(iii) of this section and, if applicable,	1611
division (B)(1) or (3) of this section are inadequate to punish	1612
the offender and protect the public from future crime, because the	1613
applicable factors under section 2929.12 of the Revised Code	1614
indicating a greater likelihood of recidivism outweigh the	1615
applicable factors under that section indicating a lesser	1616
likelihood of recidivism.	1617

(v) The court finds that the prison terms imposed pursuant to	1618
division (B)(2)(a)(iii) of this section and, if applicable,	1619
division (B)(1) or (3) of this section are demeaning to the	1620
seriousness of the offense, because one or more of the factors	1621
under section 2929.12 of the Revised Code indicating that the	1622
offender's conduct is more serious than conduct normally	1623
constituting the offense are present, and they outweigh the	1624
applicable factors under that section indicating that the	1625
offender's conduct is less serious than conduct normally	1626
constituting the offense.	1627

(b) The court shall impose on an offender the longest prison	1628
term authorized or required for the offense and shall impose on	1629
the offender an additional definite prison term of one, two,	1630
three, four, five, six, seven, eight, nine, or ten years if all of	1631
the following criteria are met:	1632

(i) The offender is convicted of or pleads guilty to a	1633
specification of the type described in section 2941.149 of the	1634
Revised Code that the offender is a repeat violent offender.	1635

(ii) The offender within the preceding twenty years has been	1636
convicted of or pleaded guilty to three or more offenses described	1637
in division (CC)(1) of section 2929.01 of the Revised Code,	1638
including all offenses described in that division of which the	1639
offender is convicted or to which the offender pleads guilty in	1640
the current prosecution and all offenses described in that	1641
division of which the offender previously has been convicted or to	1642
which the offender previously pleaded guilty, whether prosecuted	1643
together or separately.	1644

(iii) The offense or offenses of which the offender currently	1645
is convicted or to which the offender currently pleads guilty is	1646
aggravated murder and the court does not impose a sentence of	1647
death or life imprisonment without parole, murder, terrorism and	1648
the court does not impose a sentence of life imprisonment without	1649
parole, any felony of the first degree that is an offense of	1650
violence and the court does not impose a sentence of life	1651
imprisonment without parole, or any felony of the second degree	1652
that is an offense of violence and the trier of fact finds that	1653
the offense involved an attempt to cause or a threat to cause	1654
serious physical harm to a person or resulted in serious physical	1655
harm to a person.	1656

(c) For purposes of division (B)(2)(b) of this section, two	1657
or more offenses committed at the same time or as part of the same	1658
act or event shall be considered one offense, and that one offense	1659
shall be the offense with the greatest penalty.	1660

(d) A sentence imposed under division (B)(2)(a) or (b) of	1661
this section shall not be reduced pursuant to section 2929.20,	1662
section 2967.19, or section 2967.193, or any other provision of	1663
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	1664
shall serve an additional prison term imposed under this section	1665
consecutively to and prior to the prison term imposed for the	1666
underlying offense.	1667

(e) When imposing a sentence pursuant to division (B)(2)(a)	1668
or (b) of this section, the court shall state its findings	1669
explaining the imposed sentence.	1670

(3) Except when an offender commits a violation of section	1671
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1672
the violation is life imprisonment or commits a violation of	1673
section 2903.02 of the Revised Code, if the offender commits a	1674
violation of section 2925.03 or 2925.11 of the Revised Code and	1675
that section classifies the offender as a major drug offender, if	1676
the offender commits a felony violation of section 2925.02,	1677
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1678
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1679
division (C) of section 4729.51, or division (J) of section	1680
4729.54 of the Revised Code that includes the sale, offer to sell,	1681
or possession of a schedule I or II controlled substance, with the	1682
exception of marihuana, and the court imposing sentence upon the	1683
offender finds that the offender is guilty of a specification of	1684
the type described in section 2941.1410 of the Revised Code	1685
charging that the offender is a major drug offender, if the court	1686
imposing sentence upon an offender for a felony finds that the	1687
offender is guilty of corrupt activity with the most serious	1688
offense in the pattern of corrupt activity being a felony of the	1689
first degree, or if the offender is guilty of an attempted	1690
violation of section 2907.02 of the Revised Code and, had the	1691
offender completed the violation of section 2907.02 of the Revised	1692
Code that was attempted, the offender would have been subject to a	1693
sentence of life imprisonment or life imprisonment without parole	1694
for the violation of section 2907.02 of the Revised Code, the	1695
court shall impose upon the offender for the felony violation a	1696
mandatory prison term of the maximum prison term prescribed for a	1697
felony of the first degree that, subject to divisions (C) to (I)	1698
of section 2967.19 of the Revised Code, cannot be reduced pursuant	1699
to section 2929.20, section 2967.19, or any other provision of	1700
Chapter 2967. or 5120. of the Revised Code.	1701

(4) If the offender is being sentenced for a third or fourth	1702
degree felony OVI offense under division (G)(2) of section 2929.13	1703
of the Revised Code, the sentencing court shall impose upon the	1704
offender a mandatory prison term in accordance with that division.	1705
In addition to the mandatory prison term, if the offender is being	1706
sentenced for a fourth degree felony OVI offense, the court,	1707
notwithstanding division (A)(4) of this section, may sentence the	1708
offender to a definite prison term of not less than six months and	1709
not more than thirty months, and if the offender is being	1710
sentenced for a third degree felony OVI offense, the sentencing	1711
court may sentence the offender to an additional prison term of	1712
any duration specified in division (A)(3) of this section. In	1713
either case, the additional prison term imposed shall be reduced	1714
by the sixty or one hundred twenty days imposed upon the offender	1715
as the mandatory prison term. The total of the additional prison	1716
term imposed under division (B)(4) of this section plus the sixty	1717
or one hundred twenty days imposed as the mandatory prison term	1718
shall equal a definite term in the range of six months to thirty	1719
months for a fourth degree felony OVI offense and shall equal one	1720
of the authorized prison terms specified in division (A)(3) of	1721
this section for a third degree felony OVI offense. If the court	1722
imposes an additional prison term under division (B)(4) of this	1723
section, the offender shall serve the additional prison term after	1724
the offender has served the mandatory prison term required for the	1725
offense. In addition to the mandatory prison term or mandatory and	1726
additional prison term imposed as described in division (B)(4) of	1727
this section, the court also may sentence the offender to a	1728
community control sanction under section 2929.16 or 2929.17 of the	1729
Revised Code, but the offender shall serve all of the prison terms	1730
so imposed prior to serving the community control sanction.	1731

If the offender is being sentenced for a fourth degree felony	1732
OVI offense under division (G)(1) of section 2929.13 of the	1733
Revised Code and the court imposes a mandatory term of local	1734
incarceration, the court may impose a prison term as described in	1735
division (A)(1) of that section.	1736

(5) If an offender is convicted of or pleads guilty to a	1737
violation of division (A)(1) or (2) of section 2903.06 of the	1738
Revised Code and also is convicted of or pleads guilty to a	1739
specification of the type described in section 2941.1414 of the	1740
Revised Code that charges that the victim of the offense is a	1741
peace officer, as defined in section 2935.01 of the Revised Code,	1742
or an investigator of the bureau of criminal identification and	1743
investigation, as defined in section 2903.11 of the Revised Code,	1744
the court shall impose on the offender a prison term of five	1745
years. If a court imposes a prison term on an offender under	1746
division (B)(5) of this section, the prison term, subject to	1747
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	1748
not be reduced pursuant to section 2929.20, section 2967.19,	1749
section 2967.193, or any other provision of Chapter 2967. or	1750
Chapter 5120. of the Revised Code. A court shall not impose more	1751
than one prison term on an offender under division (B)(5) of this	1752
section for felonies committed as part of the same act.	1753

(6) If an offender is convicted of or pleads guilty to a	1754
violation of division (A)(1) or (2) of section 2903.06 of the	1755
Revised Code and also is convicted of or pleads guilty to a	1756
specification of the type described in section 2941.1415 of the	1757
Revised Code that charges that the offender previously has been	1758
convicted of or pleaded guilty to three or more violations of	1759
division (A) or (B) of section 4511.19 of the Revised Code or an	1760
equivalent offense, as defined in section 2941.1415 of the Revised	1761
Code, or three or more violations of any combination of those	1762
divisions and offenses, the court shall impose on the offender a	1763
prison term of three years. If a court imposes a prison term on an	1764
offender under division (B)(6) of this section, the prison term,	1765
subject to divisions (C) to (I) of section 2967.19 of the Revised	1766
Code, shall not be reduced pursuant to section 2929.20, section	1767
2967.19, section 2967.193, or any other provision of Chapter 2967.	1768
or Chapter 5120. of the Revised Code. A court shall not impose	1769
more than one prison term on an offender under division (B)(6) of	1770
this section for felonies committed as part of the same act.	1771

(7)(a) If an offender is convicted of or pleads guilty to a	1772
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	1773
2923.32, division (A)(1) or (2) of section 2907.323, or division	1774
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	1775
Code and also is convicted of or pleads guilty to a specification	1776
of the type described in section 2941.1422 of the Revised Code	1777
that charges that the offender knowingly committed the offense in	1778
furtherance of human trafficking, the court shall impose on the	1779
offender a mandatory prison term that is one of the following:	1780

(i) If the offense is a felony of the first degree, a	1781
definite prison term of not less than five years and not greater	1782
than ten years;	1783

(ii) If the offense is a felony of the second or third	1784
degree, a definite prison term of not less than three years and	1785
not greater than the maximum prison term allowed for the offense	1786
by division (A) of section 2929.14 of the Revised Code;	1787

(iii) If the offense is a felony of the fourth or fifth	1788
degree, a definite prison term that is the maximum prison term	1789
allowed for the offense by division (A) of section 2929.14 of the	1790
Revised Code.	1791

(b) Subject to divisions (C) to (I) of section 2967.19 of the	1792
Revised Code, the prison term imposed under division (B)(7)(a) of	1793
this section shall not be reduced pursuant to section 2929.20,	1794
section 2967.19, section 2967.193, or any other provision of	1795
Chapter 2967. of the Revised Code. A court shall not impose more	1796
than one prison term on an offender under division (B)(7)(a) of	1797
this section for felonies committed as part of the same act,	1798
scheme, or plan.	1799

(8) If an offender is convicted of or pleads guilty to a	1800
felony violation of section 2903.11, 2903.12, or 2903.13 of the	1801
Revised Code and also is convicted of or pleads guilty to a	1802
specification of the type described in section 2941.1423 of the	1803
Revised Code that charges that the victim of the violation was a	1804
woman whom the offender knew was pregnant at the time of the	1805
violation, notwithstanding the range of prison terms prescribed in	1806
division (A) of this section for felonies of the same degree as	1807
the violation, the court shall impose on the offender a mandatory	1808
prison term that is either a definite prison term of six months or	1809
one of the prison terms prescribed in section 2929.14 of the	1810
Revised Code for felonies of the same degree as the violation.	1811

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	1812
mandatory prison term is imposed upon an offender pursuant to	1813
division (B)(1)(a) of this section for having a firearm on or	1814
about the offender's person or under the offender's control while	1815
committing a felony, if a mandatory prison term is imposed upon an	1816
offender pursuant to division (B)(1)(c) of this section for	1817
committing a felony specified in that division by discharging a	1818
firearm from a motor vehicle, or if both types of mandatory prison	1819
terms are imposed, the offender shall serve any mandatory prison	1820
term imposed under either division consecutively to any other	1821
mandatory prison term imposed under either division or under	1822
division (B)(1)(d) of this section, consecutively to and prior to	1823
any prison term imposed for the underlying felony pursuant to	1824
division (A), (B)(2), or (B)(3) of this section or any other	1825
section of the Revised Code, and consecutively to any other prison	1826
term or mandatory prison term previously or subsequently imposed	1827
upon the offender.	1828

(b) If a mandatory prison term is imposed upon an offender	1829
pursuant to division (B)(1)(d) of this section for wearing or	1830
carrying body armor while committing an offense of violence that	1831
is a felony, the offender shall serve the mandatory term so	1832
imposed consecutively to any other mandatory prison term imposed	1833
under that division or under division (B)(1)(a) or (c) of this	1834
section, consecutively to and prior to any prison term imposed for	1835
the underlying felony under division (A), (B)(2), or (B)(3) of	1836
this section or any other section of the Revised Code, and	1837
consecutively to any other prison term or mandatory prison term	1838
previously or subsequently imposed upon the offender.	1839

(c) If a mandatory prison term is imposed upon an offender	1840
pursuant to division (B)(1)(f) of this section, the offender shall	1841
serve the mandatory prison term so imposed consecutively to and	1842
prior to any prison term imposed for the underlying felony under	1843
division (A), (B)(2), or (B)(3) of this section or any other	1844
section of the Revised Code, and consecutively to any other prison	1845
term or mandatory prison term previously or subsequently imposed	1846
upon the offender.	1847

(d) If a mandatory prison term is imposed upon an offender	1848
pursuant to division (B)(7) or (8) of this section, the offender	1849
shall serve the mandatory prison term so imposed consecutively to	1850
any other mandatory prison term imposed under that division or	1851
under any other provision of law and consecutively to any other	1852
prison term or mandatory prison term previously or subsequently	1853
imposed upon the offender.	1854

(2) If an offender who is an inmate in a jail, prison, or	1855
other residential detention facility violates section 2917.02,	1856
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	1857
of section 2921.34 of the Revised Code, if an offender who is	1858
under detention at a detention facility commits a felony violation	1859
of section 2923.131 of the Revised Code, or if an offender who is	1860
an inmate in a jail, prison, or other residential detention	1861
facility or is under detention at a detention facility commits	1862
another felony while the offender is an escapee in violation of	1863
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	1864
prison term imposed upon the offender for one of those violations	1865
shall be served by the offender consecutively to the prison term	1866
or term of imprisonment the offender was serving when the offender	1867
committed that offense and to any other prison term previously or	1868
subsequently imposed upon the offender.	1869

(3) If a prison term is imposed for a violation of division	1870
(C)(3) of section 2903.13 of the Revised Code, a violation of	1871
division (B) of section 2911.01 of the Revised Code, a violation	1872
of division (A) of section 2913.02 of the Revised Code in which	1873
the stolen property is a firearm or dangerous ordnance, or a	1874
felony violation of division (B) of section 2921.331 of the	1875
Revised Code, the offender shall serve that prison term	1876
consecutively to any other prison term or mandatory prison term	1877
previously or subsequently imposed upon the offender.	1878

(4) If multiple prison terms are imposed on an offender for	1879
convictions of multiple offenses, the court may require the	1880
offender to serve the prison terms consecutively if the court	1881
finds that the consecutive service is necessary to protect the	1882
public from future crime or to punish the offender and that	1883
consecutive sentences are not disproportionate to the seriousness	1884
of the offender's conduct and to the danger the offender poses to	1885
the public, and if the court also finds any of the following:	1886

(a) The offender committed one or more of the multiple	1887
offenses while the offender was awaiting trial or sentencing, was	1888
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1889
2929.18 of the Revised Code, or was under post-release control for	1890
a prior offense.	1891

(b) At least two of the multiple offenses were committed as	1892
part of one or more courses of conduct, and the harm caused by two	1893
or more of the multiple offenses so committed was so great or	1894
unusual that no single prison term for any of the offenses	1895
committed as part of any of the courses of conduct adequately	1896
reflects the seriousness of the offender's conduct.	1897

(c) The offender's history of criminal conduct demonstrates	1898
that consecutive sentences are necessary to protect the public	1899
from future crime by the offender.	1900

(5) If a mandatory prison term is imposed upon an offender	1901
pursuant to division (B)(5) or (6) of this section, the offender	1902
shall serve the mandatory prison term consecutively to and prior	1903
to any prison term imposed for the underlying violation of	1904
division (A)(1) or (2) of section 2903.06 of the Revised Code	1905
pursuant to division (A) of this section or section 2929.142 of	1906
the Revised Code. If a mandatory prison term is imposed upon an	1907
offender pursuant to division (B)(5) of this section, and if a	1908
mandatory prison term also is imposed upon the offender pursuant	1909
to division (B)(6) of this section in relation to the same	1910
violation, the offender shall serve the mandatory prison term	1911
imposed pursuant to division (B)(5) of this section consecutively	1912
to and prior to the mandatory prison term imposed pursuant to	1913
division (B)(6) of this section and consecutively to and prior to	1914
any prison term imposed for the underlying violation of division	1915
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	1916
division (A) of this section or section 2929.142 of the Revised	1917
Code.	1918

(6) When consecutive prison terms are imposed pursuant to	1919
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	1920
of this section, the term to be served is the aggregate of all of	1921
the terms so imposed.	1922

(D)(1) If a court imposes a prison term for a felony of the	1923
first degree, for a felony of the second degree, for a felony sex	1924
offense, or for a felony of the third degree that is not a felony	1925
sex offense and in the commission of which the offender caused or	1926
threatened to cause physical harm to a person, it shall include in	1927
the sentence a requirement that the offender be subject to a	1928
period of post-release control after the offender's release from	1929
imprisonment, in accordance with that division. If a court imposes	1930
a sentence including a prison term of a type described in this	1931
division on or after July 11, 2006, the failure of a court to	1932
include a post-release control requirement in the sentence	1933
pursuant to this division does not negate, limit, or otherwise	1934
affect the mandatory period of post-release control that is	1935
required for the offender under division (B) of section 2967.28 of	1936
the Revised Code. Section 2929.191 of the Revised Code applies if,	1937
prior to July 11, 2006, a court imposed a sentence including a	1938
prison term of a type described in this division and failed to	1939
include in the sentence pursuant to this division a statement	1940
regarding post-release control.	1941

(2) If a court imposes a prison term for a felony of the	1942
third, fourth, or fifth degree that is not subject to division	1943
(D)(1) of this section, it shall include in the sentence a	1944
requirement that the offender be subject to a period of	1945
post-release control after the offender's release from	1946
imprisonment, in accordance with that division, if the parole	1947
board determines that a period of post-release control is	1948
necessary. Section 2929.191 of the Revised Code applies if, prior	1949
to July 11, 2006, a court imposed a sentence including a prison	1950
term of a type described in this division and failed to include in	1951
the sentence pursuant to this division a statement regarding	1952
post-release control.	1953

(E) The court shall impose sentence upon the offender in	1954
accordance with section 2971.03 of the Revised Code, and Chapter	1955
2971. of the Revised Code applies regarding the prison term or	1956
term of life imprisonment without parole imposed upon the offender	1957
and the service of that term of imprisonment if any of the	1958
following apply:	1959

(1) A person is convicted of or pleads guilty to a violent	1960
sex offense or a designated homicide, assault, or kidnapping	1961
offense, and, in relation to that offense, the offender is	1962
adjudicated a sexually violent predator.	1963

(2) A person is convicted of or pleads guilty to a violation	1964
of division (A)(1)(b) of section 2907.02 of the Revised Code	1965
committed on or after January 2, 2007, and either the court does	1966
not impose a sentence of life without parole when authorized	1967
pursuant to division (B) of section 2907.02 of the Revised Code,	1968
or division (B) of section 2907.02 of the Revised Code provides	1969
that the court shall not sentence the offender pursuant to section	1970
2971.03 of the Revised Code.	1971

(3) A person is convicted of or pleads guilty to attempted	1972
rape committed on or after January 2, 2007, and a specification of	1973
the type described in section 2941.1418, 2941.1419, or 2941.1420	1974
of the Revised Code.	1975

(4) A person is convicted of or pleads guilty to a violation	1976
of section 2905.01 of the Revised Code committed on or after	1977
January 1, 2008, and that section requires the court to sentence	1978
the offender pursuant to section 2971.03 of the Revised Code.	1979

(5) A person is convicted of or pleads guilty to aggravated	1980
murder committed on or after January 1, 2008, and division	1981
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	1982
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	1983
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	1984
2929.06 of the Revised Code requires the court to sentence the	1985
offender pursuant to division (B)(3) of section 2971.03 of the	1986
Revised Code.	1987

(6) A person is convicted of or pleads guilty to murder	1988
committed on or after January 1, 2008, and division (B)(2) of	1989
section 2929.02 of the Revised Code requires the court to sentence	1990
the offender pursuant to section 2971.03 of the Revised Code.	1991

(F) If a person who has been convicted of or pleaded guilty	1992
to a felony is sentenced to a prison term or term of imprisonment	1993
under this section, sections 2929.02 to 2929.06 of the Revised	1994
Code, section 2929.142 of the Revised Code, section 2971.03 of the	1995
Revised Code, or any other provision of law, section 5120.163 of	1996
the Revised Code applies regarding the person while the person is	1997
confined in a state correctional institution.	1998

(G) If an offender who is convicted of or pleads guilty to a	1999
felony that is an offense of violence also is convicted of or	2000
pleads guilty to a specification of the type described in section	2001
2941.142 of the Revised Code that charges the offender with having	2002
committed the felony while participating in a criminal gang, the	2003
court shall impose upon the offender an additional prison term of	2004
one, two, or three years.	2005

(H)(1) If an offender who is convicted of or pleads guilty to	2006
aggravated murder, murder, or a felony of the first, second, or	2007
third degree that is an offense of violence also is convicted of	2008
or pleads guilty to a specification of the type described in	2009
section 2941.143 of the Revised Code that charges the offender	2010
with having committed the offense in a school safety zone or	2011
towards a person in a school safety zone, the court shall impose	2012
upon the offender an additional prison term of two years. The	2013
offender shall serve the additional two years consecutively to and	2014
prior to the prison term imposed for the underlying offense.	2015

(2)(a) If an offender is convicted of or pleads guilty to a	2016
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2017
of the Revised Code and to a specification of the type described	2018
in section 2941.1421 of the Revised Code and if the court imposes	2019
a prison term on the offender for the felony violation, the court	2020
may impose upon the offender an additional prison term as follows:	2021

(i) Subject to division (H)(2)(a)(ii) of this section, an	2022
additional prison term of one, two, three, four, five, or six	2023
months;	2024

(ii) If the offender previously has been convicted of or	2025
pleaded guilty to one or more felony or misdemeanor violations of	2026
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2027
Revised Code and also was convicted of or pleaded guilty to a	2028
specification of the type described in section 2941.1421 of the	2029
Revised Code regarding one or more of those violations, an	2030
additional prison term of one, two, three, four, five, six, seven,	2031
eight, nine, ten, eleven, or twelve months.	2032

(b) In lieu of imposing an additional prison term under	2033
division (H)(2)(a) of this section, the court may directly impose	2034
on the offender a sanction that requires the offender to wear a	2035
real-time processing, continual tracking electronic monitoring	2036
device during the period of time specified by the court. The	2037
period of time specified by the court shall equal the duration of	2038
an additional prison term that the court could have imposed upon	2039
the offender under division (H)(2)(a) of this section. A sanction	2040
imposed under this division shall commence on the date specified	2041
by the court, provided that the sanction shall not commence until	2042
after the offender has served the prison term imposed for the	2043
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2044
of the Revised Code and any residential sanction imposed for the	2045
violation under section 2929.16 of the Revised Code. A sanction	2046
imposed under this division shall be considered to be a community	2047
control sanction for purposes of section 2929.15 of the Revised	2048
Code, and all provisions of the Revised Code that pertain to	2049
community control sanctions shall apply to a sanction imposed	2050
under this division, except to the extent that they would by their	2051
nature be clearly inapplicable. The offender shall pay all costs	2052
associated with a sanction imposed under this division, including	2053
the cost of the use of the monitoring device.	2054

(I) At the time of sentencing, the court may recommend the	2055
offender for placement in a program of shock incarceration under	2056
section 5120.031 of the Revised Code or for placement in an	2057
intensive program prison under section 5120.032 of the Revised	2058
Code, disapprove placement of the offender in a program of shock	2059
incarceration or an intensive program prison of that nature, or	2060
make no recommendation on placement of the offender. In no case	2061
shall the department of rehabilitation and correction place the	2062
offender in a program or prison of that nature unless the	2063
department determines as specified in section 5120.031 or 5120.032	2064
of the Revised Code, whichever is applicable, that the offender is	2065
eligible for the placement.	2066

If the court disapproves placement of the offender in a	2067
program or prison of that nature, the department of rehabilitation	2068
and correction shall not place the offender in any program of	2069
shock incarceration or intensive program prison.	2070

If the court recommends placement of the offender in a	2071
program of shock incarceration or in an intensive program prison,	2072
and if the offender is subsequently placed in the recommended	2073
program or prison, the department shall notify the court of the	2074
placement and shall include with the notice a brief description of	2075
the placement.	2076

If the court recommends placement of the offender in a	2077
program of shock incarceration or in an intensive program prison	2078
and the department does not subsequently place the offender in the	2079
recommended program or prison, the department shall send a notice	2080
to the court indicating why the offender was not placed in the	2081
recommended program or prison.	2082

If the court does not make a recommendation under this	2083
division with respect to an offender and if the department	2084
determines as specified in section 5120.031 or 5120.032 of the	2085
Revised Code, whichever is applicable, that the offender is	2086
eligible for placement in a program or prison of that nature, the	2087
department shall screen the offender and determine if there is an	2088
available program of shock incarceration or an intensive program	2089
prison for which the offender is suited. If there is an available	2090
program of shock incarceration or an intensive program prison for	2091
which the offender is suited, the department shall notify the	2092
court of the proposed placement of the offender as specified in	2093
section 5120.031 or 5120.032 of the Revised Code and shall include	2094
with the notice a brief description of the placement. The court	2095
shall have ten days from receipt of the notice to disapprove the	2096
placement.	2097

(J) If a person is convicted of or pleads guilty to	2098
aggravated vehicular homicide in violation of division (A)(1) of	2099
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2100
section applies, the person shall be sentenced pursuant to section	2101
2929.142 of the Revised Code.	2102

Section 2.  That existing sections 2152.17, 2903.13,	2103
2923.125, 2929.13, and 2929.14 of the Revised Code are hereby	2104
repealed.	2105

Section 3.  Section 2903.13 of the Revised Code is presented	2106
in this act as a composite of the section as amended by both Am.	2107
Sub. H.B. 62 and Sub. H.B. 525 of the 129th General Assembly.	2108
Section 2929.13 of the Revised Code is presented in this act as a	2109
composite of the section as amended by Am. Sub. H.B. 62, Am. Sub.	2110
H.B. 262, and Am. Sub. S.B. 160 of the 129th General Assembly. The	2111
General Assembly, applying the principle stated in division (B) of	2112
section 1.52 of the Revised Code that amendments are to be	2113
harmonized if reasonably capable of simultaneous operation, finds	2114
that the composites are the resulting versions of the sections in	2115
effect prior to the effective date of the sections as presented in	2116
this act.	2117