As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 182

Representative Hackett 

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A BILL

To amend sections 2929.13 and 2929.14 and to enact

1

sections 2941.1424 and 2941.1425 of the Revised

2

Code to require a definite term of imprisonment

3

of 5 to 10 years for an offender convicted of

4

felonious assault or endangering children and a

5

specification that the victim was less than 5

6

years of age and suffered substantial permanent

7

injury or for an offender convicted of voluntary

8

manslaughter, involuntary manslaughter, or

9

reckless homicide and a specification that the

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victim was less than five years of age.

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

Section 1. That sections 2929.13 and 2929.14 be amended and	12
sections 2941.1424 and 2941.1425 of the Revised Code be enacted	13
to read as follows:	14

Sec. 2929.13.  (A) Except as provided in division (E), (F),	15
or (G) of this section and unless a specific sanction is required	16
to be imposed or is precluded from being imposed pursuant to law,	17
a court that imposes a sentence upon an offender for a felony may	18
impose any sanction or combination of sanctions on the offender	19
that are provided in sections 2929.14 to 2929.18 of the Revised	20
Code. The sentence shall not impose an unnecessary burden on state	21
or local government resources.	22

If the offender is eligible to be sentenced to community	23
control sanctions, the court shall consider the appropriateness of	24
imposing a financial sanction pursuant to section 2929.18 of the	25
Revised Code or a sanction of community service pursuant to	26
section 2929.17 of the Revised Code as the sole sanction for the	27
offense. Except as otherwise provided in this division, if the	28
court is required to impose a mandatory prison term for the	29
offense for which sentence is being imposed, the court also shall	30
impose any financial sanction pursuant to section 2929.18 of the	31
Revised Code that is required for the offense and may impose any	32
other financial sanction pursuant to that section but may not	33
impose any additional sanction or combination of sanctions under	34
section 2929.16 or 2929.17 of the Revised Code.	35

If the offender is being sentenced for a fourth degree felony	36
OVI offense or for a third degree felony OVI offense, in addition	37
to the mandatory term of local incarceration or the mandatory	38
prison term required for the offense by division (G)(1) or (2) of	39
this section, the court shall impose upon the offender a mandatory	40
fine in accordance with division (B)(3) of section 2929.18 of the	41
Revised Code and may impose whichever of the following is	42
applicable:	43

(1) For a fourth degree felony OVI offense for which sentence	44
is imposed under division (G)(1) of this section, an additional	45
community control sanction or combination of community control	46
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	47
the court imposes upon the offender a community control sanction	48
and the offender violates any condition of the community control	49
sanction, the court may take any action prescribed in division (B)	50
of section 2929.15 of the Revised Code relative to the offender,	51
including imposing a prison term on the offender pursuant to that	52
division.	53

(2) For a third or fourth degree felony OVI offense for which	54
sentence is imposed under division (G)(2) of this section, an	55
additional prison term as described in division (D)(4) of section	56
2929.14 of the Revised Code or a community control sanction as	57
described in division (G)(2) of this section.	58

(B)(1) Except as provided in division (B)(2), (E), (F), or	59
(G) of this section, in sentencing an offender for a felony of the	60
fourth or fifth degree, the sentencing court shall determine	61
whether any of the following apply:	62

(a) In committing the offense, the offender caused physical	63
harm to a person.	64

(b) In committing the offense, the offender attempted to	65
cause or made an actual threat of physical harm to a person with a	66
deadly weapon.	67

(c) In committing the offense, the offender attempted to	68
cause or made an actual threat of physical harm to a person, and	69
the offender previously was convicted of an offense that caused	70
physical harm to a person.	71

(d) The offender held a public office or position of trust	72
and the offense related to that office or position; the offender's	73
position obliged the offender to prevent the offense or to bring	74
those committing it to justice; or the offender's professional	75
reputation or position facilitated the offense or was likely to	76
influence the future conduct of others.	77

(e) The offender committed the offense for hire or as part of	78
an organized criminal activity.	79

(f) The offense is a sex offense that is a fourth or fifth	80
degree felony violation of section 2907.03, 2907.04, 2907.05,	81
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	82
Revised Code.	83

(g) The offender at the time of the offense was serving, or	84
the offender previously had served, a prison term.	85

(h) The offender committed the offense while under a	86
community control sanction, while on probation, or while released	87
from custody on a bond or personal recognizance.	88

(i) The offender committed the offense while in possession of	89
a firearm.	90

(2)(a) If the court makes a finding described in division	91
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	92
section and if the court, after considering the factors set forth	93
in section 2929.12 of the Revised Code, finds that a prison term	94
is consistent with the purposes and principles of sentencing set	95
forth in section 2929.11 of the Revised Code and finds that the	96
offender is not amenable to an available community control	97
sanction, the court shall impose a prison term upon the offender.	98

(b) Except as provided in division (E), (F), or (G) of this	99
section, if the court does not make a finding described in	100
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	101
this section and if the court, after considering the factors set	102
forth in section 2929.12 of the Revised Code, finds that a	103
community control sanction or combination of community control	104
sanctions is consistent with the purposes and principles of	105
sentencing set forth in section 2929.11 of the Revised Code, the	106
court shall impose a community control sanction or combination of	107
community control sanctions upon the offender.	108

(C) Except as provided in division (D), (E), (F), or (G) of	109
this section, in determining whether to impose a prison term as a	110
sanction for a felony of the third degree or a felony drug offense	111
that is a violation of a provision of Chapter 2925. of the Revised	112
Code and that is specified as being subject to this division for	113
purposes of sentencing, the sentencing court shall comply with the	114
purposes and principles of sentencing under section 2929.11 of the	115
Revised Code and with section 2929.12 of the Revised Code.	116

(D)(1) Except as provided in division (E) or (F) of this	117
section, for a felony of the first or second degree, for a felony	118
drug offense that is a violation of any provision of Chapter	119
2925., 3719., or 4729. of the Revised Code for which a presumption	120
in favor of a prison term is specified as being applicable, and	121
for a violation of division (A)(4) or (B) of section 2907.05 of	122
the Revised Code for which a presumption in favor of a prison term	123
is specified as being applicable, it is presumed that a prison	124
term is necessary in order to comply with the purposes and	125
principles of sentencing under section 2929.11 of the Revised	126
Code. Division (D)(2) of this section does not apply to a	127
presumption established under this division for a violation of	128
division (A)(4) of section 2907.05 of the Revised Code.	129

(2) Notwithstanding the presumption established under	130
division (D)(1) of this section for the offenses listed in that	131
division other than a violation of division (A)(4) or (B) of	132
section 2907.05 of the Revised Code, the sentencing court may	133
impose a community control sanction or a combination of community	134
control sanctions instead of a prison term on an offender for a	135
felony of the first or second degree or for a felony drug offense	136
that is a violation of any provision of Chapter 2925., 3719., or	137
4729. of the Revised Code for which a presumption in favor of a	138
prison term is specified as being applicable if it makes both of	139
the following findings:	140

(a) A community control sanction or a combination of	141
community control sanctions would adequately punish the offender	142
and protect the public from future crime, because the applicable	143
factors under section 2929.12 of the Revised Code indicating a	144
lesser likelihood of recidivism outweigh the applicable factors	145
under that section indicating a greater likelihood of recidivism.	146

(b) A community control sanction or a combination of	147
community control sanctions would not demean the seriousness of	148
the offense, because one or more factors under section 2929.12 of	149
the Revised Code that indicate that the offender's conduct was	150
less serious than conduct normally constituting the offense are	151
applicable, and they outweigh the applicable factors under that	152
section that indicate that the offender's conduct was more serious	153
than conduct normally constituting the offense.	154

(E)(1) Except as provided in division (F) of this section,	155
for any drug offense that is a violation of any provision of	156
Chapter 2925. of the Revised Code and that is a felony of the	157
third, fourth, or fifth degree, the applicability of a presumption	158
under division (D) of this section in favor of a prison term or of	159
division (B) or (C) of this section in determining whether to	160
impose a prison term for the offense shall be determined as	161
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	162
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	163
Revised Code, whichever is applicable regarding the violation.	164

(2) If an offender who was convicted of or pleaded guilty to	165
a felony violates the conditions of a community control sanction	166
imposed for the offense solely by reason of producing positive	167
results on a drug test, the court, as punishment for the violation	168
of the sanction, shall not order that the offender be imprisoned	169
unless the court determines on the record either of the following:	170

(a) The offender had been ordered as a sanction for the	171
felony to participate in a drug treatment program, in a drug	172
education program, or in narcotics anonymous or a similar program,	173
and the offender continued to use illegal drugs after a reasonable	174
period of participation in the program.	175

(b) The imprisonment of the offender for the violation is	176
consistent with the purposes and principles of sentencing set	177
forth in section 2929.11 of the Revised Code.	178

(3) A court that sentences an offender for a drug abuse	179
offense that is a felony of the third, fourth, or fifth degree	180
may require that the offender be assessed by a properly	181
credentialed professional within a specified period of time. The	182
court shall require the professional to file a written assessment	183
of the offender with the court. If the offender is eligible for a	184
community control sanction and after considering the written	185
assessment, the court may impose a community control sanction	186
that includes treatment and recovery support services authorized	187
by section 3793.02 of the Revised Code. If the court imposes	188
treatment and recovery support services as a community control	189
sanction, the court shall direct the level and type of treatment	190
and recovery support services after considering the assessment and	191
recommendation of treatment and recovery support services	192
providers.	193

(F) Notwithstanding divisions (A) to (E) of this section, the	194
court shall impose a prison term or terms under sections 2929.02	195
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	196
of the Revised Code and except as specifically provided in section	197
2929.20 or 2967.191 of the Revised Code or when parole is	198
authorized for the offense under section 2967.13 of the Revised	199
Code shall not reduce the term or terms pursuant to section	200
2929.20, section 2967.193, or any other provision of Chapter 2967.	201
or Chapter 5120. of the Revised Code for any of the following	202
offenses:	203

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

204

(2) Any rape, regardless of whether force was involved and	205
regardless of the age of the victim, or an attempt to commit rape	206
if, had the offender completed the rape that was attempted, the	207
offender would have been guilty of a violation of division	208
(A)(1)(b) of section 2907.02 of the Revised Code and would be	209
sentenced under section 2971.03 of the Revised Code;	210

(3) Gross sexual imposition or sexual battery, if the victim	211
is less than thirteen years of age and if any of the following	212
applies:	213

(a) Regarding gross sexual imposition, the offender	214
previously was convicted of or pleaded guilty to rape, the former	215
offense of felonious sexual penetration, gross sexual imposition,	216
or sexual battery, and the victim of the previous offense was	217
less than thirteen years of age;	218

(b) Regarding gross sexual imposition, the offense was	219
committed on or after August 3, 2006, and evidence other than the	220
testimony of the victim was admitted in the case corroborating the	221
violation.	222

(c) Regarding sexual battery, either of the following	223
applies:	224

(i) The offense was committed prior to August 3, 2006, the	225
offender previously was convicted of or pleaded guilty to rape,	226
the former offense of felonious sexual penetration, or sexual	227
battery, and the victim of the previous offense was less than	228
thirteen years of age.	229

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

230

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	231
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	232
section requires the imposition of a prison term;	233

(5) A first, second, or third degree felony drug offense for	234
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	235
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	236
4729.99 of the Revised Code, whichever is applicable regarding the	237
violation, requires the imposition of a mandatory prison term;	238

(6) Any offense that is a first or second degree felony and	239
that is not set forth in division (F)(1), (2), (3), or (4) of this	240
section, if the offender previously was convicted of or pleaded	241
guilty to aggravated murder, murder, any first or second degree	242
felony, or an offense under an existing or former law of this	243
state, another state, or the United States that is or was	244
substantially equivalent to one of those offenses;	245

(7) Any offense that is a third degree felony and either is	246
a violation of section 2903.04 of the Revised Code or an attempt	247
to commit a felony of the second degree that is an offense of	248
violence and involved an attempt to cause serious physical harm to	249
a person or that resulted in serious physical harm to a person if	250
the offender previously was convicted of or pleaded guilty to any	251
of the following offenses:	252

(a) Aggravated murder, murder, involuntary manslaughter,	253
rape, felonious sexual penetration as it existed under section	254
2907.12 of the Revised Code prior to September 3, 1996, a felony	255
of the first or second degree that resulted in the death of a	256
person or in physical harm to a person, or complicity in or an	257
attempt to commit any of those offenses;	258

(b) An offense under an existing or former law of this state,	259
another state, or the United States that is or was substantially	260
equivalent to an offense listed in division (F)(7)(a) of this	261
section that resulted in the death of a person or in physical harm	262
to a person.	263

(8) Any offense, other than a violation of section 2923.12 of	264
the Revised Code, that is a felony, if the offender had a firearm	265
on or about the offender's person or under the offender's control	266
while committing the felony, with respect to a portion of the	267
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	268
of the Revised Code for having the firearm;	269

(9) Any offense of violence that is a felony, if the offender	270
wore or carried body armor while committing the felony offense of	271
violence, with respect to the portion of the sentence imposed	272
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	273
Code for wearing or carrying the body armor;	274

(10) Corrupt activity in violation of section 2923.32 of the	275
Revised Code when the most serious offense in the pattern of	276
corrupt activity that is the basis of the offense is a felony of	277
the first degree;	278

(11) Any violent sex offense or designated homicide, assault,	279
or kidnapping offense if, in relation to that offense, the	280
offender is adjudicated a sexually violent predator;	281

(12) A violation of division (A)(1) or (2) of section 2921.36	282
of the Revised Code, or a violation of division (C) of that	283
section involving an item listed in division (A)(1) or (2) of that	284
section, if the offender is an officer or employee of the	285
department of rehabilitation and correction;	286

(13) A violation of division (A)(1) or (2) of section 2903.06	287
of the Revised Code if the victim of the offense is a peace	288
officer, as defined in section 2935.01 of the Revised Code, or an	289
investigator of the bureau of criminal identification and	290
investigation, as defined in section 2903.11 of the Revised Code,	291
with respect to the portion of the sentence imposed pursuant to	292
division (D)(5) of section 2929.14 of the Revised Code;	293

(14) A violation of division (A)(1) or (2) of section 2903.06	294
of the Revised Code if the offender has been convicted of or	295
pleaded guilty to three or more violations of division (A) or (B)	296
of section 4511.19 of the Revised Code or an equivalent offense,	297
as defined in section 2941.1415 of the Revised Code, or three or	298
more violations of any combination of those divisions and	299
offenses, with respect to the portion of the sentence imposed	300
pursuant to division (D)(6) of section 2929.14 of the Revised	301
Code;	302

(15) Kidnapping, in the circumstances specified in section	303
2971.03 of the Revised Code and when no other provision of	304
division (F) of this section applies;	305

(16) Kidnapping, abduction, compelling prostitution,	306
promoting prostitution, engaging in a pattern of corrupt activity,	307
illegal use of a minor in a nudity-oriented material or	308
performance in violation of division (A)(1) or (2) of section	309
2907.323 of the Revised Code, or endangering children in violation	310
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	311
the Revised Code, if the offender is convicted of or pleads	312
guilty to a specification as described in section 2941.1422 of	313
the Revised Code that was included in the indictment, count in	314
the indictment, or information charging the offense;	315

(17) A felony violation of division (A) or (B) of section	316
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	317
that section, and division (A)(6) of that section, require the	318
imposition of a prison term;	319

(18) A felony violation of section 2903.11, 2903.12, or	320
2903.13 of the Revised Code, if the victim of the offense was a	321
woman that the offender knew was pregnant at the time of the	322
violation, with respect to a portion of the sentence imposed	323
pursuant to division (D)(8) of section 2929.14 of the Revised	324
Code;	325

(19) A violation of section 2903.11 or 2919.22 of the Revised	326
Code if the victim of the offense is less than five years of age	327
at the time of the commission of the offense and the victim	328
suffered substantial permanent injury as a result of the offense,	329
with respect to the portion of the sentence imposed pursuant to	330
division (D)(9) of section 2929.14 of the Revised Code;	331

(20) A violation of section 2903.03, 2903.04, or 2903.041 of	332
the Revised Code if the victim of the offense is less than five	333
years of age at the time of the commission of the offense, with	334
respect to the portion of the sentence imposed pursuant to	335
division (D)(10) of section 2929.14 of the Revised Code.	336

(G) Notwithstanding divisions (A) to (E) of this section, if	337
an offender is being sentenced for a fourth degree felony OVI	338
offense or for a third degree felony OVI offense, the court shall	339
impose upon the offender a mandatory term of local incarceration	340
or a mandatory prison term in accordance with the following:	341

(1) If the offender is being sentenced for a fourth degree	342
felony OVI offense and if the offender has not been convicted of	343
and has not pleaded guilty to a specification of the type	344
described in section 2941.1413 of the Revised Code, the court may	345
impose upon the offender a mandatory term of local incarceration	346
of sixty days or one hundred twenty days as specified in division	347
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	348
not reduce the term pursuant to section 2929.20, 2967.193, or any	349
other provision of the Revised Code. The court that imposes a	350
mandatory term of local incarceration under this division shall	351
specify whether the term is to be served in a jail, a	352
community-based correctional facility, a halfway house, or an	353
alternative residential facility, and the offender shall serve the	354
term in the type of facility specified by the court. A mandatory	355
term of local incarceration imposed under division (G)(1) of this	356
section is not subject to any other Revised Code provision that	357
pertains to a prison term except as provided in division (A)(1)	358
of this section.	359

(2) If the offender is being sentenced for a third degree	360
felony OVI offense, or if the offender is being sentenced for a	361
fourth degree felony OVI offense and the court does not impose a	362
mandatory term of local incarceration under division (G)(1) of	363
this section, the court shall impose upon the offender a mandatory	364
prison term of one, two, three, four, or five years if the	365
offender also is convicted of or also pleads guilty to a	366
specification of the type described in section 2941.1413 of the	367
Revised Code or shall impose upon the offender a mandatory prison	368
term of sixty days or one hundred twenty days as specified in	369
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	370
if the offender has not been convicted of and has not pleaded	371
guilty to a specification of that type. The court shall not reduce	372
the term pursuant to section 2929.20, 2967.193, or any other	373
provision of the Revised Code. The offender shall serve the one-,	374
two-, three-, four-, or five-year mandatory prison term	375
consecutively to and prior to the prison term imposed for the	376
underlying offense and consecutively to any other mandatory prison	377
term imposed in relation to the offense. In no case shall an	378
offender who once has been sentenced to a mandatory term of local	379
incarceration pursuant to division (G)(1) of this section for a	380
fourth degree felony OVI offense be sentenced to another mandatory	381
term of local incarceration under that division for any violation	382
of division (A) of section 4511.19 of the Revised Code. In	383
addition to the mandatory prison term described in division (G)(2)	384
of this section, the court may sentence the offender to a	385
community control sanction under section 2929.16 or 2929.17 of the	386
Revised Code, but the offender shall serve the prison term prior	387
to serving the community control sanction. The department of	388
rehabilitation and correction may place an offender sentenced to a	389
mandatory prison term under this division in an intensive program	390
prison established pursuant to section 5120.033 of the Revised	391
Code if the department gave the sentencing judge prior notice of	392
its intent to place the offender in an intensive program prison	393
established under that section and if the judge did not notify the	394
department that the judge disapproved the placement. Upon the	395
establishment of the initial intensive program prison pursuant to	396
section 5120.033 of the Revised Code that is privately operated	397
and managed by a contractor pursuant to a contract entered into	398
under section 9.06 of the Revised Code, both of the following	399
apply:	400

(a) The department of rehabilitation and correction shall	401
make a reasonable effort to ensure that a sufficient number of	402
offenders sentenced to a mandatory prison term under this division	403
are placed in the privately operated and managed prison so that	404
the privately operated and managed prison has full occupancy.	405

(b) Unless the privately operated and managed prison has full	406
occupancy, the department of rehabilitation and correction shall	407
not place any offender sentenced to a mandatory prison term under	408
this division in any intensive program prison established pursuant	409
to section 5120.033 of the Revised Code other than the privately	410
operated and managed prison.	411

(H) If an offender is being sentenced for a sexually oriented	412
offense or child-victim oriented offense that is a felony	413
committed on or after January 1, 1997, the judge shall require the	414
offender to submit to a DNA specimen collection procedure pursuant	415
to section 2901.07 of the Revised Code.	416

(I) If an offender is being sentenced for a sexually oriented	417
offense or a child-victim oriented offense committed on or after	418
January 1, 1997, the judge shall include in the sentence a	419
summary of the offender's duties imposed under sections 2950.04,	420
2950.041, 2950.05, and 2950.06 of the Revised Code and the	421
duration of the duties. The judge shall inform the offender, at	422
the time of sentencing, of those duties and of their duration. If	423
required under division (A)(2) of section 2950.03 of the Revised	424
Code, the judge shall perform the duties specified in that	425
section, or, if required under division (A)(6) of section 2950.03	426
of the Revised Code, the judge shall perform the duties specified	427
in that division.	428

(J)(1) Except as provided in division (J)(2) of this section,	429
when considering sentencing factors under this section in relation	430
to an offender who is convicted of or pleads guilty to an attempt	431
to commit an offense in violation of section 2923.02 of the	432
Revised Code, the sentencing court shall consider the factors	433
applicable to the felony category of the violation of section	434
2923.02 of the Revised Code instead of the factors applicable to	435
the felony category of the offense attempted.	436

(2) When considering sentencing factors under this section in	437
relation to an offender who is convicted of or pleads guilty to an	438
attempt to commit a drug abuse offense for which the penalty is	439
determined by the amount or number of unit doses of the controlled	440
substance involved in the drug abuse offense, the sentencing court	441
shall consider the factors applicable to the felony category that	442
the drug abuse offense attempted would be if that drug abuse	443
offense had been committed and had involved an amount or number of	444
unit doses of the controlled substance that is within the next	445
lower range of controlled substance amounts than was involved in	446
the attempt.	447

(K) As used in this section, "drug:

448

(1) Drug abuse offense" has the same meaning as in section	449
2925.01 of the Revised Code.	450

(2) "Substantial permanent injury" means any of the	451
following:	452

(a) Any mental illness or condition of such gravity as would	453
normally require permanent hospitalization or permanent	454
psychiatric treatment;	455

(b) Any physical harm that involves some permanent	456
substantial incapacity;	457

(c) Any physical harm that involves some permanent	458
substantial disfigurement.	459

(L) At the time of sentencing an offender for any sexually	460
oriented offense, if the offender is a tier III sex	461
offender/child-victim offender relative to that offense and the	462
offender does not serve a prison term or jail term, the court may	463
require that the offender be monitored by means of a global	464
positioning device. If the court requires such monitoring, the	465
cost of monitoring shall be borne by the offender. If the	466
offender is indigent, the cost of compliance shall be paid by the	467
crime victims reparations fund.	468

Sec. 2929.14.  (A) Except as provided in division (C),	469
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	470
(D)(9), (D)(10), (G), (I), (J), or (L) of this section or in	471
division (D)(6) of section 2919.25 of the Revised Code and except	472
in relation to an offense for which a sentence of death or	473
life imprisonment is to be imposed, if the court imposing a	474
sentence upon an offender for a felony elects or is required	475
to impose a prison term on the offender pursuant to this	476
chapter, the court shall impose a definite prison term that	477
shall be one of the following:	478

(1) For a felony of the first degree, the prison term shall	479
be three, four, five, six, seven, eight, nine, or ten years.	480

(2) For a felony of the second degree, the prison term shall	481
be two, three, four, five, six, seven, or eight years.	482

(3) For a felony of the third degree, the prison term shall	483
be one, two, three, four, or five years.	484

(4) For a felony of the fourth degree, the prison term shall	485
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	486
fourteen, fifteen, sixteen, seventeen, or eighteen months.	487

(5) For a felony of the fifth degree, the prison term shall	488
be six, seven, eight, nine, ten, eleven, or twelve months.	489

(B) Except as provided in division (C), (D)(1), (D)(2),	490
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (D)(9), (D)(10), (G), (I),	491
(J), or (L) of this section, in section 2907.02 , 2907.05, or	492
2919.25 of the Revised Code, or in Chapter 2925. of the Revised	493
Code, if the court imposing a sentence upon an offender for a	494
felony elects or is required to impose a prison term on the	495
offender, the court shall impose the shortest prison term	496
authorized for the offense pursuant to division (A) of this	497
section, unless one or more of the following applies:	498

(1) The offender was serving a prison term at the time of the	499
offense, or the offender previously had served a prison term.	500

(2) The court finds on the record that the shortest prison	501
term will demean the seriousness of the offender's conduct or will	502
not adequately protect the public from future crime by the	503
offender or others.	504

(C) Except as provided in division (D)(7), (D)(8), (G), or	505
(L) of this section, in section 2919.25 of the Revised Code, or	506
in Chapter 2925. of the Revised Code, the court imposing a	507
sentence upon an offender for a felony may impose the longest	508
prison term authorized for the offense pursuant to division (A)	509
of this section only upon offenders who committed the worst forms	510
of the offense, upon offenders who pose the greatest likelihood	511
of committing future crimes, upon certain major drug offenders	512
under division (D)(3) of this section, and upon certain repeat	513
violent offenders in accordance with division (D)(2) of this	514
section.	515

(D)(1)(a) Except as provided in division (D)(1)(e) of this	516
section, if an offender who is convicted of or pleads guilty to a	517
felony also is convicted of or pleads guilty to a specification of	518
the type described in section 2941.141, 2941.144, or 2941.145 of	519
the Revised Code, the court shall impose on the offender one of	520
the following prison terms:	521

(i) A prison term of six years if the specification is of the	522
type described in section 2941.144 of the Revised Code that	523
charges the offender with having a firearm that is an automatic	524
firearm or that was equipped with a firearm muffler or silencer on	525
or about the offender's person or under the offender's control	526
while committing the felony;	527

(ii) A prison term of three years if the specification is of	528
the type described in section 2941.145 of the Revised Code that	529
charges the offender with having a firearm on or about the	530
offender's person or under the offender's control while committing	531
the offense and displaying the firearm, brandishing the firearm,	532
indicating that the offender possessed the firearm, or using it to	533
facilitate the offense;	534

(iii) A prison term of one year if the specification is of	535
the type described in section 2941.141 of the Revised Code that	536
charges the offender with having a firearm on or about the	537
offender's person or under the offender's control while committing	538
the felony.	539

(b) If a court imposes a prison term on an offender under	540
division (D)(1)(a) of this section, the prison term shall not be	541
reduced pursuant to section 2929.20, section 2967.193, or any	542
other provision of Chapter 2967. or Chapter 5120. of the Revised	543
Code. Except as provided in division (D)(1)(g) of this section, a	544
court shall not impose more than one prison term on an offender	545
under division (D)(1)(a) of this section for felonies committed as	546
part of the same act or transaction.	547

(c) Except as provided in division (D)(1)(e) of this section,	548
if an offender who is convicted of or pleads guilty to a violation	549
of section 2923.161 of the Revised Code or to a felony that	550
includes, as an essential element, purposely or knowingly causing	551
or attempting to cause the death of or physical harm to another,	552
also is convicted of or pleads guilty to a specification of the	553
type described in section 2941.146 of the Revised Code that	554
charges the offender with committing the offense by discharging a	555
firearm from a motor vehicle other than a manufactured home, the	556
court, after imposing a prison term on the offender for the	557
violation of section 2923.161 of the Revised Code or for the other	558
felony offense under division (A), (D)(2), or (D)(3) of this	559
section, shall impose an additional prison term of five years upon	560
the offender that shall not be reduced pursuant to section	561
2929.20, section 2967.193, or any other provision of Chapter 2967.	562
or Chapter 5120. of the Revised Code. A court shall not impose	563
more than one additional prison term on an offender under division	564
(D)(1)(c) of this section for felonies committed as part of the	565
same act or transaction. If a court imposes an additional prison	566
term on an offender under division (D)(1)(c) of this section	567
relative to an offense, the court also shall impose a prison term	568
under division (D)(1)(a) of this section relative to the same	569
offense, provided the criteria specified in that division for	570
imposing an additional prison term are satisfied relative to the	571
offender and the offense.	572

(d) If an offender who is convicted of or pleads guilty to	573
an offense of violence that is a felony also is convicted of or	574
pleads guilty to a specification of the type described in section	575
2941.1411 of the Revised Code that charges the offender with	576
wearing or carrying body armor while committing the felony offense	577
of violence, the court shall impose on the offender a prison term	578
of two years. The prison term so imposed shall not be reduced	579
pursuant to section 2929.20, section 2967.193, or any other	580
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	581
court shall not impose more than one prison term on an offender	582
under division (D)(1)(d) of this section for felonies committed as	583
part of the same act or transaction. If a court imposes an	584
additional prison term under division (D)(1)(a) or (c) of this	585
section, the court is not precluded from imposing an additional	586
prison term under division (D)(1)(d) of this section.	587

(e) The court shall not impose any of the prison terms	588
described in division (D)(1)(a) of this section or any of the	589
additional prison terms described in division (D)(1)(c) of this	590
section upon an offender for a violation of section 2923.12 or	591
2923.123 of the Revised Code. The court shall not impose any of	592
the prison terms described in division (D)(1)(a) or (b) of this	593
section upon an offender for a violation of section 2923.122 that	594
involves a deadly weapon that is a firearm other than a dangerous	595
ordnance, section 2923.16, or section 2923.121 of the Revised	596
Code. The court shall not impose any of the prison terms described	597
in division (D)(1)(a) of this section or any of the additional	598
prison terms described in division (D)(1)(c) of this section upon	599
an offender for a violation of section 2923.13 of the Revised Code	600
unless all of the following apply:	601

(i) The offender previously has been convicted of aggravated	602
murder, murder, or any felony of the first or second degree.	603

(ii) Less than five years have passed since the offender was	604
released from prison or post-release control, whichever is later,	605
for the prior offense.	606

(f) If an offender is convicted of or pleads guilty to a	607
felony that includes, as an essential element, causing or	608
attempting to cause the death of or physical harm to another and	609
also is convicted of or pleads guilty to a specification of the	610
type described in section 2941.1412 of the Revised Code that	611
charges the offender with committing the offense by discharging a	612
firearm at a peace officer as defined in section 2935.01 of the	613
Revised Code or a corrections officer, as defined in section	614
2941.1412 of the Revised Code, the court, after imposing a prison	615
term on the offender for the felony offense under division (A),	616
(D)(2), or (D)(3) of this section, shall impose an additional	617
prison term of seven years upon the offender that shall not be	618
reduced pursuant to section 2929.20, section 2967.193, or any	619
other provision of Chapter 2967. or Chapter 5120. of the Revised	620
Code. If an offender is convicted of or pleads guilty to two or	621
more felonies that include, as an essential element, causing or	622
attempting to cause the death or physical harm to another and	623
also is convicted of or pleads guilty to a specification of the	624
type described under division (D)(1)(f) of this section in	625
connection with two or more of the felonies of which the offender	626
is convicted or to which the offender pleads guilty, the	627
sentencing court shall impose on the offender the prison term	628
specified under division (D)(1)(f) of this section for each of	629
two of the specifications of which the offender is convicted or	630
to which the offender pleads guilty and, in its discretion, also	631
may impose on the offender the prison term specified under that	632
division for any or all of the remaining specifications. If a	633
court imposes an additional prison term on an offender under	634
division (D)(1)(f) of this section relative to an offense, the	635
court shall not impose a prison term under division (D)(1)(a) or	636
(c) of this section relative to the same offense.	637

(g) If an offender is convicted of or pleads guilty to two	638
or more felonies, if one or more of those felonies is aggravated	639
murder, murder, attempted aggravated murder, attempted murder,	640
aggravated robbery, felonious assault, or rape, and if the	641
offender is convicted of or pleads guilty to a specification of	642
the type described under division (D)(1)(a) of this section in	643
connection with two or more of the felonies, the sentencing court	644
shall impose on the offender the prison term specified under	645
division (D)(1)(a) of this section for each of the two most	646
serious specifications of which the offender is convicted or to	647
which the offender pleads guilty and, in its discretion, also may	648
impose on the offender the prison term specified under that	649
division for any or all of the remaining specifications.	650

(2)(a) If division (D)(2)(b) of this section does not apply,	651
the court may impose on an offender, in addition to the longest	652
prison term authorized or required for the offense, an additional	653
definite prison term of one, two, three, four, five, six, seven,	654
eight, nine, or ten years if all of the following criteria are	655
met:	656

(i) The offender is convicted of or pleads guilty to a	657
specification of the type described in section 2941.149 of the	658
Revised Code that the offender is a repeat violent offender.	659

(ii) The offense of which the offender currently is convicted	660
or to which the offender currently pleads guilty is aggravated	661
murder and the court does not impose a sentence of death or life	662
imprisonment without parole, murder, terrorism and the court does	663
not impose a sentence of life imprisonment without parole, any	664
felony of the first degree that is an offense of violence and the	665
court does not impose a sentence of life imprisonment without	666
parole, or any felony of the second degree that is an offense of	667
violence and the trier of fact finds that the offense involved an	668
attempt to cause or a threat to cause serious physical harm to a	669
person or resulted in serious physical harm to a person.	670

(iii) The court imposes the longest prison term for the	671
offense that is not life imprisonment without parole.	672

(iv) The court finds that the prison terms imposed pursuant	673
to division (D)(2)(a)(iii) of this section and, if applicable,	674
division (D)(1) or (3) of this section are inadequate to punish	675
the offender and protect the public from future crime, because the	676
applicable factors under section 2929.12 of the Revised Code	677
indicating a greater likelihood of recidivism outweigh the	678
applicable factors under that section indicating a lesser	679
likelihood of recidivism.	680

(v) The court finds that the prison terms imposed pursuant	681
to division (D)(2)(a)(iii) of this section and, if applicable,	682
division (D)(1) or (3) of this section are demeaning to the	683
seriousness of the offense, because one or more of the factors	684
under section 2929.12 of the Revised Code indicating that the	685
offender's conduct is more serious than conduct normally	686
constituting the offense are present, and they outweigh the	687
applicable factors under that section indicating that the	688
offender's conduct is less serious than conduct normally	689
constituting the offense.	690

(b) The court shall impose on an offender the longest prison	691
term authorized or required for the offense and shall impose on	692
the offender an additional definite prison term of one, two,	693
three, four, five, six, seven, eight, nine, or ten years if all of	694
the following criteria are met:	695

(i) The offender is convicted of or pleads guilty to a	696
specification of the type described in section 2941.149 of the	697
Revised Code that the offender is a repeat violent offender.	698

(ii) The offender within the preceding twenty years has been	699
convicted of or pleaded guilty to three or more offenses described	700
in division (CC)(1) of section 2929.01 of the Revised Code,	701
including all offenses described in that division of which the	702
offender is convicted or to which the offender pleads guilty in	703
the current prosecution and all offenses described in that	704
division of which the offender previously has been convicted or to	705
which the offender previously pleaded guilty, whether prosecuted	706
together or separately.	707

(iii) The offense or offenses of which the offender currently	708
is convicted or to which the offender currently pleads guilty is	709
aggravated murder and the court does not impose a sentence of	710
death or life imprisonment without parole, murder, terrorism and	711
the court does not impose a sentence of life imprisonment without	712
parole, any felony of the first degree that is an offense of	713
violence and the court does not impose a sentence of life	714
imprisonment without parole, or any felony of the second degree	715
that is an offense of violence and the trier of fact finds that	716
the offense involved an attempt to cause or a threat to cause	717
serious physical harm to a person or resulted in serious physical	718
harm to a person.	719

(c) For purposes of division (D)(2)(b) of this section, two	720
or more offenses committed at the same time or as part of the same	721
act or event shall be considered one offense, and that one offense	722
shall be the offense with the greatest penalty.	723

(d) A sentence imposed under division (D)(2)(a) or (b) of	724
this section shall not be reduced pursuant to section 2929.20 or	725
section 2967.193, or any other provision of Chapter 2967. or	726
Chapter 5120. of the Revised Code. The offender shall serve an	727
additional prison term imposed under this section consecutively to	728
and prior to the prison term imposed for the underlying offense.	729

(e) When imposing a sentence pursuant to division (D)(2)(a)	730
or (b) of this section, the court shall state its findings	731
explaining the imposed sentence.	732

(3)(a) Except when an offender commits a violation of section	733
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	734
the violation is life imprisonment or commits a violation of	735
section 2903.02 of the Revised Code, if the offender commits a	736
violation of section 2925.03 or 2925.11 of the Revised Code and	737
that section classifies the offender as a major drug offender and	738
requires the imposition of a ten-year prison term on the offender,	739
if the offender commits a felony violation of section 2925.02,	740
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	741
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	742
division (C) of section 4729.51, or division (J) of section	743
4729.54 of the Revised Code that includes the sale, offer to sell,	744
or possession of a schedule I or II controlled substance, with the	745
exception of marihuana, and the court imposing sentence upon the	746
offender finds that the offender is guilty of a specification of	747
the type described in section 2941.1410 of the Revised Code	748
charging that the offender is a major drug offender, if the court	749
imposing sentence upon an offender for a felony finds that the	750
offender is guilty of corrupt activity with the most serious	751
offense in the pattern of corrupt activity being a felony of the	752
first degree, or if the offender is guilty of an attempted	753
violation of section 2907.02 of the Revised Code and, had the	754
offender completed the violation of section 2907.02 of the Revised	755
Code that was attempted, the offender would have been subject to a	756
sentence of life imprisonment or life imprisonment without parole	757
for the violation of section 2907.02 of the Revised Code, the	758
court shall impose upon the offender for the felony violation a	759
ten-year prison term that cannot be reduced pursuant to section	760
2929.20 or Chapter 2967. or 5120. of the Revised Code.	761

(b) The court imposing a prison term on an offender under	762
division (D)(3)(a) of this section may impose an additional prison	763
term of one, two, three, four, five, six, seven, eight, nine, or	764
ten years, if the court, with respect to the term imposed under	765
division (D)(3)(a) of this section and, if applicable, divisions	766
(D)(1) and (2) of this section, makes both of the findings set	767
forth in divisions (D)(2)(a)(iv) and (v) of this section.	768

(4) If the offender is being sentenced for a third or fourth	769
degree felony OVI offense under division (G)(2) of section 2929.13	770
of the Revised Code, the sentencing court shall impose upon the	771
offender a mandatory prison term in accordance with that division.	772
In addition to the mandatory prison term, if the offender is being	773
sentenced for a fourth degree felony OVI offense, the court,	774
notwithstanding division (A)(4) of this section, may sentence the	775
offender to a definite prison term of not less than six months and	776
not more than thirty months, and if the offender is being	777
sentenced for a third degree felony OVI offense, the sentencing	778
court may sentence the offender to an additional prison term of	779
any duration specified in division (A)(3) of this section. In	780
either case, the additional prison term imposed shall be reduced	781
by the sixty or one hundred twenty days imposed upon the offender	782
as the mandatory prison term. The total of the additional prison	783
term imposed under division (D)(4) of this section plus the sixty	784
or one hundred twenty days imposed as the mandatory prison term	785
shall equal a definite term in the range of six months to thirty	786
months for a fourth degree felony OVI offense and shall equal one	787
of the authorized prison terms specified in division (A)(3) of	788
this section for a third degree felony OVI offense. If the court	789
imposes an additional prison term under division (D)(4) of this	790
section, the offender shall serve the additional prison term after	791
the offender has served the mandatory prison term required for the	792
offense. In addition to the mandatory prison term or mandatory and	793
additional prison term imposed as described in division (D)(4) of	794
this section, the court also may sentence the offender to a	795
community control sanction under section 2929.16 or 2929.17 of the	796
Revised Code, but the offender shall serve all of the prison terms	797
so imposed prior to serving the community control sanction.	798

If the offender is being sentenced for a fourth degree felony	799
OVI offense under division (G)(1) of section 2929.13 of the	800
Revised Code and the court imposes a mandatory term of local	801
incarceration, the court may impose a prison term as described in	802
division (A)(1) of that section.	803

(5) If an offender is convicted of or pleads guilty to a	804
violation of division (A)(1) or (2) of section 2903.06 of the	805
Revised Code and also is convicted of or pleads guilty to a	806
specification of the type described in section 2941.1414 of the	807
Revised Code that charges that the victim of the offense is a	808
peace officer, as defined in section 2935.01 of the Revised Code,	809
or an investigator of the bureau of criminal identification and	810
investigation, as defined in section 2903.11 of the Revised Code,	811
the court shall impose on the offender a prison term of five	812
years. If a court imposes a prison term on an offender under	813
division (D)(5) of this section, the prison term shall not be	814
reduced pursuant to section 2929.20, section 2967.193, or any	815
other provision of Chapter 2967. or Chapter 5120. of the Revised	816
Code. A court shall not impose more than one prison term on an	817
offender under division (D)(5) of this section for felonies	818
committed as part of the same act.	819

(6) If an offender is convicted of or pleads guilty to a	820
violation of division (A)(1) or (2) of section 2903.06 of the	821
Revised Code and also is convicted of or pleads guilty to a	822
specification of the type described in section 2941.1415 of the	823
Revised Code that charges that the offender previously has been	824
convicted of or pleaded guilty to three or more violations of	825
division (A) or (B) of section 4511.19 of the Revised Code or an	826
equivalent offense, as defined in section 2941.1415 of the Revised	827
Code, or three or more violations of any combination of those	828
divisions and offenses, the court shall impose on the offender a	829
prison term of three years. If a court imposes a prison term on an	830
offender under division (D)(6) of this section, the prison term	831
shall not be reduced pursuant to section 2929.20, section	832
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	833
of the Revised Code. A court shall not impose more than one prison	834
term on an offender under division (D)(6) of this section for	835
felonies committed as part of the same act.	836

(7)(a) If an offender is convicted of or pleads guilty to a	837
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	838
or 2923.32, division (A)(1) or (2) of section 2907.323, or	839
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	840
Revised Code and also is convicted of or pleads guilty to a	841
specification of the type described in section 2941.1422 of the	842
Revised Code that charges that the offender knowingly committed	843
the offense in furtherance of human trafficking, the court shall	844
impose on the offender a mandatory prison term that is one of	845
the following:	846

(i) If the offense is a felony of the first degree, a	847
definite prison term of not less than five years and not greater	848
than ten years;	849

(ii) If the offense is a felony of the second or third	850
degree, a definite prison term of not less than three years and	851
not greater than the maximum prison term allowed for the offense	852
by division (A) of section 2929.14 of the Revised Code;	853

(iii) If the offense is a felony of the fourth or fifth	854
degree, a definite prison term that is the maximum prison term	855
allowed for the offense by division (A) of section 2929.14 of the	856
Revised Code.	857

(b) The prison term imposed under division (D)(7)(a) of this	858
section shall not be reduced pursuant to section 2929.20, section	859
2967.193, or any other provision of Chapter 2967. of the Revised	860
Code. A court shall not impose more than one prison term on an	861
offender under division (D)(7)(a) of this section for felonies	862
committed as part of the same act, scheme, or plan.	863

(8) If an offender is convicted of or pleads guilty to a	864
felony violation of section 2903.11, 2903.12, or 2903.13 of the	865
Revised Code and also is convicted of or pleads guilty to a	866
specification of the type described in section 2941.1423 of the	867
Revised Code that charges that the victim of the violation was a	868
woman whom the offender knew was pregnant at the time of the	869
violation, notwithstanding the range of prison terms prescribed in	870
division (A) of this section for felonies of the same degree as	871
the violation, the court shall impose on the offender a mandatory	872
prison term that is either a definite prison term of six months	873
or one of the prison terms prescribed in section 2929.14 of the	874
Revised Code for felonies of the same degree as the violation.	875

(9) If an offender is convicted of or pleads guilty to a	876
violation of section 2903.11 or 2919.22 of the Revised Code and	877
also is convicted of or pleads guilty to a specification of the	878
type described in section 2941.1424 of the Revised Code that	879
charges that the victim of the offense was less than five years	880
of age at the time of the commission of the offense and that the	881
victim suffered substantial permanent injury, as defined in	882
section 2929.13 of the Revised Code, as a result of the offense,	883
the court shall impose upon the offender a definite prison term	884
of five, six, seven, eight, nine, or ten years. A prison term	885
imposed upon an offender under division (D)(9) of this section	886
shall not be reduced pursuant to section 2929.20, section	887
2967.193, or any other provision of Chapter 2967. or Chapter	888
5120. of the Revised Code.	889

(10) If an offender is convicted of or pleads guilty to a	890
violation of section 2903.03, 2903.04, or 2903.041 of the Revised	891
Code and also is convicted of or pleads guilty to a specification	892
of the type described in section 2941.1425 of Revised Code that	893
charges that the victim of the offense was less than five years of	894
age at the time of the commission of the offense, the court shall	895
impose upon the offender a definite prison term of five, six,	896
seven, eight, nine, or ten years. A prison term imposed upon an	897
offender under division (D)(10) of this section shall not be	898
reduced pursuant to section 2929.20, section 2967.193, or any	899
other provision of Chapter 2967. or Chapter 5120. of the Revised	900
Code.	901

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	902
mandatory prison term is imposed upon an offender pursuant to	903
division (D)(1)(a) of this section for having a firearm on or	904
about the offender's person or under the offender's control while	905
committing a felony, if a mandatory prison term is imposed upon an	906
offender pursuant to division (D)(1)(c) of this section for	907
committing a felony specified in that division by discharging a	908
firearm from a motor vehicle, or if both types of mandatory prison	909
terms are imposed, the offender shall serve any mandatory prison	910
term imposed under either division consecutively to any other	911
mandatory prison term imposed under either division or under	912
division (D)(1)(d) of this section, consecutively to and prior to	913
any prison term imposed for the underlying felony pursuant to	914
division (A), (D)(2), or (D)(3) of this section or any other	915
section of the Revised Code, and consecutively to any other prison	916
term or mandatory prison term previously or subsequently imposed	917
upon the offender.	918

(b) If a mandatory prison term is imposed upon an offender	919
pursuant to division (D)(1)(d) of this section for wearing or	920
carrying body armor while committing an offense of violence that	921
is a felony, the offender shall serve the mandatory term so	922
imposed consecutively to any other mandatory prison term imposed	923
under that division or under division (D)(1)(a) or (c) of this	924
section, consecutively to and prior to any prison term imposed for	925
the underlying felony under division (A), (D)(2), or (D)(3) of	926
this section or any other section of the Revised Code, and	927
consecutively to any other prison term or mandatory prison term	928
previously or subsequently imposed upon the offender.	929

(c) If a mandatory prison term is imposed upon an offender	930
pursuant to division (D)(1)(f) of this section, the offender shall	931
serve the mandatory prison term so imposed consecutively to and	932
prior to any prison term imposed for the underlying felony under	933
division (A), (D)(2), or (D)(3) of this section or any other	934
section of the Revised Code, and consecutively to any other prison	935
term or mandatory prison term previously or subsequently imposed	936
upon the offender.	937

(d) If a mandatory prison term is imposed upon an offender	938
pursuant to division (D)(7) or (8) of this section, the offender	939
shall serve the mandatory prison term so imposed consecutively to	940
any other mandatory prison term imposed under that division or	941
under any other provision of law and consecutively to any other	942
prison term or mandatory prison term previously or subsequently	943
imposed upon the offender.	944

(2) If an offender who is an inmate in a jail, prison, or	945
other residential detention facility violates section 2917.02,	946
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	947
who is under detention at a detention facility commits a felony	948
violation of section 2923.131 of the Revised Code, or if an	949
offender who is an inmate in a jail, prison, or other residential	950
detention facility or is under detention at a detention facility	951
commits another felony while the offender is an escapee in	952
violation of section 2921.34 of the Revised Code, any prison term	953
imposed upon the offender for one of those violations shall be	954
served by the offender consecutively to the prison term or term of	955
imprisonment the offender was serving when the offender committed	956
that offense and to any other prison term previously or	957
subsequently imposed upon the offender.	958

(3) If a prison term is imposed for a violation of division	959
(B) of section 2911.01 of the Revised Code, a violation of	960
division (A) of section 2913.02 of the Revised Code in which the	961
stolen property is a firearm or dangerous ordnance, or a felony	962
violation of division (B) of section 2921.331 of the Revised Code,	963
the offender shall serve that prison term consecutively to any	964
other prison term or mandatory prison term previously or	965
subsequently imposed upon the offender.	966

(4) If multiple prison terms are imposed on an offender for	967
convictions of multiple offenses, the court may require the	968
offender to serve the prison terms consecutively if the court	969
finds that the consecutive service is necessary to protect the	970
public from future crime or to punish the offender and that	971
consecutive sentences are not disproportionate to the seriousness	972
of the offender's conduct and to the danger the offender poses to	973
the public, and if the court also finds any of the following:	974

(a) The offender committed one or more of the multiple	975
offenses while the offender was awaiting trial or sentencing, was	976
under a sanction imposed pursuant to section 2929.16, 2929.17, or	977
2929.18 of the Revised Code, or was under post-release control for	978
a prior offense.	979

(b) At least two of the multiple offenses were committed as	980
part of one or more courses of conduct, and the harm caused by two	981
or more of the multiple offenses so committed was so great or	982
unusual that no single prison term for any of the offenses	983
committed as part of any of the courses of conduct adequately	984
reflects the seriousness of the offender's conduct.	985

(c) The offender's history of criminal conduct demonstrates	986
that consecutive sentences are necessary to protect the public	987
from future crime by the offender.	988

(5) If a mandatory prison term is imposed upon an offender	989
pursuant to division (D)(5) or (6) of this section, the offender	990
shall serve the mandatory prison term consecutively to and prior	991
to any prison term imposed for the underlying violation of	992
division (A)(1) or (2) of section 2903.06 of the Revised Code	993
pursuant to division (A) of this section or section 2929.142 of	994
the Revised Code. If a mandatory prison term is imposed upon an	995
offender pursuant to division (D)(5) of this section, and if a	996
mandatory prison term also is imposed upon the offender pursuant	997
to division (D)(6) of this section in relation to the same	998
violation, the offender shall serve the mandatory prison term	999
imposed pursuant to division (D)(5) of this section consecutively	1000
to and prior to the mandatory prison term imposed pursuant to	1001
division (D)(6) of this section and consecutively to and prior to	1002
any prison term imposed for the underlying violation of division	1003
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	1004
division (A) of this section or section 2929.142 of the Revised	1005
Code.	1006

(6) If a mandatory prison term is imposed upon an offender	1007
pursuant to division (D)(9) or (10) of this section, the offender	1008
shall serve that mandatory prison term consecutively to and prior	1009
to any prison term imposed for the underlying violation of section	1010
2903.03, 2903.04, 2903.041, 2903.11, or 2919.22 of the Revised	1011
Code and consecutively to and prior to any other prison term or	1012
mandatory prison term previously or subsequently imposed upon the	1013
offender.	1014

(7) When consecutive prison terms are imposed pursuant to	1015
division (E)(1), (2), (3), (4), or (5), or (6) or division (J)(1)	1016
or (2) of this section, the term to be served is the aggregate	1017
of all of the terms so imposed.	1018

(F)(1) If a court imposes a prison term for a felony of the	1019
first degree, for a felony of the second degree, for a felony sex	1020
offense, or for a felony of the third degree that is not a felony	1021
sex offense and in the commission of which the offender caused or	1022
threatened to cause physical harm to a person, it shall include in	1023
the sentence a requirement that the offender be subject to a	1024
period of post-release control after the offender's release from	1025
imprisonment, in accordance with that division. If a court imposes	1026
a sentence including a prison term of a type described in this	1027
division on or after July 11, 2006, the failure of a court to	1028
include a post-release control requirement in the sentence	1029
pursuant to this division does not negate, limit, or otherwise	1030
affect the mandatory period of post-release control that is	1031
required for the offender under division (B) of section 2967.28 of	1032
the Revised Code. Section 2929.191 of the Revised Code applies if,	1033
prior to July 11, 2006, a court imposed a sentence including a	1034
prison term of a type described in this division and failed to	1035
include in the sentence pursuant to this division a statement	1036
regarding post-release control.	1037

(2) If a court imposes a prison term for a felony of the	1038
third, fourth, or fifth degree that is not subject to division	1039
(F)(1) of this section, it shall include in the sentence a	1040
requirement that the offender be subject to a period of	1041
post-release control after the offender's release from	1042
imprisonment, in accordance with that division, if the parole	1043
board determines that a period of post-release control is	1044
necessary. Section 2929.191 of the Revised Code applies if, prior	1045
to July 11, 2006, a court imposed a sentence including a prison	1046
term of a type described in this division and failed to include in	1047
the sentence pursuant to this division a statement regarding	1048
post-release control.	1049

(G) The court shall impose sentence upon the offender in	1050
accordance with section 2971.03 of the Revised Code, and Chapter	1051
2971. of the Revised Code applies regarding the prison term or	1052
term of life imprisonment without parole imposed upon the offender	1053
and the service of that term of imprisonment if any of the	1054
following apply:	1055

(1) A person is convicted of or pleads guilty to a violent	1056
sex offense or a designated homicide, assault, or kidnapping	1057
offense, and, in relation to that offense, the offender is	1058
adjudicated a sexually violent predator.	1059

(2) A person is convicted of or pleads guilty to a violation	1060
of division (A)(1)(b) of section 2907.02 of the Revised Code	1061
committed on or after January 2, 2007, and either the court does	1062
not impose a sentence of life without parole when authorized	1063
pursuant to division (B) of section 2907.02 of the Revised Code,	1064
or division (B) of section 2907.02 of the Revised Code provides	1065
that the court shall not sentence the offender pursuant to	1066
section 2971.03 of the Revised Code.	1067

(3) A person is convicted of or pleads guilty to attempted	1068
rape committed on or after January 2, 2007, and a specification	1069
of the type described in section 2941.1418, 2941.1419, or	1070
2941.1420 of the Revised Code.	1071

(4) A person is convicted of or pleads guilty to a violation	1072
of section 2905.01 of the Revised Code committed on or after	1073
January 1, 2008, and that section requires the court to sentence	1074
the offender pursuant to section 2971.03 of the Revised Code.	1075

(5) A person is convicted of or pleads guilty to aggravated	1076
murder committed on or after January 1, 2008, and division	1077
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	1078
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	1079
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	1080
2929.06 of the Revised Code requires the court to sentence the	1081
offender pursuant to division (B)(3) of section 2971.03 of the	1082
Revised Code.	1083

(6) A person is convicted of or pleads guilty to murder	1084
committed on or after January 1, 2008, and division (B)(2) of	1085
section 2929.02 of the Revised Code requires the court to	1086
sentence the offender pursuant to section 2971.03 of the Revised	1087
Code.	1088

(H) If a person who has been convicted of or pleaded guilty	1089
to a felony is sentenced to a prison term or term of imprisonment	1090
under this section, sections 2929.02 to 2929.06 of the Revised	1091
Code, section 2929.142 of the Revised Code, section 2971.03 of the	1092
Revised Code, or any other provision of law, section 5120.163 of	1093
the Revised Code applies regarding the person while the person is	1094
confined in a state correctional institution.	1095

(I) If an offender who is convicted of or pleads guilty to a	1096
felony that is an offense of violence also is convicted of or	1097
pleads guilty to a specification of the type described in section	1098
2941.142 of the Revised Code that charges the offender with having	1099
committed the felony while participating in a criminal gang, the	1100
court shall impose upon the offender an additional prison term of	1101
one, two, or three years.	1102

(J)(1) If an offender who is convicted of or pleads guilty to	1103
aggravated murder, murder, or a felony of the first, second, or	1104
third degree that is an offense of violence also is convicted of	1105
or pleads guilty to a specification of the type described in	1106
section 2941.143 of the Revised Code that charges the offender	1107
with having committed the offense in a school safety zone or	1108
towards a person in a school safety zone, the court shall impose	1109
upon the offender an additional prison term of two years. The	1110
offender shall serve the additional two years consecutively to and	1111
prior to the prison term imposed for the underlying offense.	1112

(2)(a) If an offender is convicted of or pleads guilty to a	1113
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1114
of the Revised Code and to a specification of the type described	1115
in section 2941.1421 of the Revised Code and if the court imposes	1116
a prison term on the offender for the felony violation, the court	1117
may impose upon the offender an additional prison term as follows:	1118

(i) Subject to division (J)(2)(a)(ii) of this section, an	1119
additional prison term of one, two, three, four, five, or six	1120
months;	1121

(ii) If the offender previously has been convicted of or	1122
pleaded guilty to one or more felony or misdemeanor violations of	1123
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1124
Revised Code and also was convicted of or pleaded guilty to a	1125
specification of the type described in section 2941.1421 of the	1126
Revised Code regarding one or more of those violations, an	1127
additional prison term of one, two, three, four, five, six, seven,	1128
eight, nine, ten, eleven, or twelve months.	1129

(b) In lieu of imposing an additional prison term under	1130
division (J)(2)(a) of this section, the court may directly impose	1131
on the offender a sanction that requires the offender to wear a	1132
real-time processing, continual tracking electronic monitoring	1133
device during the period of time specified by the court. The	1134
period of time specified by the court shall equal the duration of	1135
an additional prison term that the court could have imposed upon	1136
the offender under division (J)(2)(a) of this section. A sanction	1137
imposed under this division shall commence on the date specified	1138
by the court, provided that the sanction shall not commence until	1139
after the offender has served the prison term imposed for the	1140
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1141
of the Revised Code and any residential sanction imposed for the	1142
violation under section 2929.16 of the Revised Code. A sanction	1143
imposed under this division shall be considered to be a community	1144
control sanction for purposes of section 2929.15 of the Revised	1145
Code, and all provisions of the Revised Code that pertain to	1146
community control sanctions shall apply to a sanction imposed	1147
under this division, except to the extent that they would by their	1148
nature be clearly inapplicable. The offender shall pay all costs	1149
associated with a sanction imposed under this division, including	1150
the cost of the use of the monitoring device.	1151

(K) At the time of sentencing, the court may recommend the	1152
offender for placement in a program of shock incarceration under	1153
section 5120.031 of the Revised Code or for placement in an	1154
intensive program prison under section 5120.032 of the Revised	1155
Code, disapprove placement of the offender in a program of shock	1156
incarceration or an intensive program prison of that nature, or	1157
make no recommendation on placement of the offender. In no case	1158
shall the department of rehabilitation and correction place the	1159
offender in a program or prison of that nature unless the	1160
department determines as specified in section 5120.031 or 5120.032	1161
of the Revised Code, whichever is applicable, that the offender is	1162
eligible for the placement.	1163

If the court disapproves placement of the offender in a	1164
program or prison of that nature, the department of rehabilitation	1165
and correction shall not place the offender in any program of	1166
shock incarceration or intensive program prison.	1167

If the court recommends placement of the offender in a	1168
program of shock incarceration or in an intensive program prison,	1169
and if the offender is subsequently placed in the recommended	1170
program or prison, the department shall notify the court of the	1171
placement and shall include with the notice a brief description of	1172
the placement.	1173

If the court recommends placement of the offender in a	1174
program of shock incarceration or in an intensive program prison	1175
and the department does not subsequently place the offender in the	1176
recommended program or prison, the department shall send a notice	1177
to the court indicating why the offender was not placed in the	1178
recommended program or prison.	1179

If the court does not make a recommendation under this	1180
division with respect to an offender and if the department	1181
determines as specified in section 5120.031 or 5120.032 of the	1182
Revised Code, whichever is applicable, that the offender is	1183
eligible for placement in a program or prison of that nature, the	1184
department shall screen the offender and determine if there is an	1185
available program of shock incarceration or an intensive program	1186
prison for which the offender is suited. If there is an available	1187
program of shock incarceration or an intensive program prison for	1188
which the offender is suited, the department shall notify the	1189
court of the proposed placement of the offender as specified in	1190
section 5120.031 or 5120.032 of the Revised Code and shall include	1191
with the notice a brief description of the placement. The court	1192
shall have ten days from receipt of the notice to disapprove the	1193
placement.	1194

(L) If a person is convicted of or pleads guilty to	1195
aggravated vehicular homicide in violation of division (A)(1) of	1196
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1197
section applies, the person shall be sentenced pursuant to section	1198
2929.142 of the Revised Code.	1199

Sec. 2941.1424. (A) Imposition of a mandatory prison term of	1200
five, six, seven, eight, nine, or ten years upon an offender	1201
under division (D)(9) of section 2929.14 of the Revised Code is	1202
precluded unless the offender is convicted of or pleads guilty to	1203
a violation of section 2903.11 or 2919.22 of the Revised Code and	1204
unless the indictment, count in the indictment, or information	1205
charging the offense specifies that the victim of the offense was	1206
less than five years of age at the time of the commission of the	1207
offense and that the victim suffered substantial permanent injury	1208
as a result of the offense. The specification shall be stated at	1209
the end of the body of the indictment, count, or information and	1210
shall be stated in substantially the following form:	1211

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1212
Grand Jurors (or insert the person's or the prosecuting attorney's	1213
name when appropriate) further find and specify that (set forth	1214
that the victim of the offense was less than five years of age at	1215
the time of the commission of the offense and that the victim	1216
suffered substantial permanent injury as a result of the	1217
offense)."	1218

(B) As used in this section, "substantial permanent injury"	1219
has the same meaning as in section 2929.13 of the Revised Code.	1220

Sec. 2941.1425.  Imposition of a mandatory prison term of	1221
five, six, seven, eight, nine, or ten years upon an offender under	1222
division (D)(10) of section 2929.14 of the Revised Code is	1223
precluded unless the offender is convicted of or pleads guilty to	1224
a violation of section 2903.03, 2903.04, or 2903.041 of the	1225
Revised Code and unless the indictment, count in the indictment,	1226
or information charging the offense specifies that the victim of	1227
the offense was less than five years of age at the time of the	1228
commission of the offense. The specification shall be stated at	1229
the end of the body of the indictment, count, or information and	1230
shall be stated in substantially the following form:	1231

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1232
Grand Jurors (or insert the person's or the prosecuting attorney's	1233
name when appropriate) further find and specify that (set forth	1234
that the victim of the offense was less than five years of age at	1235
the time of the commission of the offense)."	1236

Section 2. That existing sections 2929.13 and 2929.14 of the	1237
Revised Code are hereby repealed.	1238

Section 3. The General Assembly, applying the principle	1239
stated in division (B) of section 1.52 of the Revised Code that	1240
amendments are to be harmonized if reasonably capable of	1241
simultaneous operation, finds that the following sections,	1242
presented in this act as composites of the sections as amended by	1243
the acts indicated, are the resulting versions of the sections in	1244
effect prior to the effective date of the sections as presented in	1245
this act:	1246

Section 2929.13 of the Revised Code as amended by both Am.	1247
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	1248

Section 2929.14 of the Revised Code as amended by both Am.	1249
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	1250