Text of OH HB 457 (2025)
Regards penalties for politically motivated criminal offenses
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As introduced
118,284 characters
As Introduced
136th General Assembly
Regular Session
H. B. No. 457
2025-2026
Representatives Daniels, Williams
Cosponsors: Representatives Barhorst, Bird, Claggett, Demetriou, Hall, T., John,
Lear, Miller, K., Workman
To amend sections 2903.01, 2929.01, 2929.12,
2929.14, and 2929.22 and to enact section
2941.1428 of the Revised Code to create new
aggravated murder offenses for political
motivation and political victims, to create a
mandatory prison term for politically motivated
offenses of violence, and to add political
motivation to sentencing factors for felonies
and misdemeanors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.01, 2929.01, 2929.12,
2929.14, and 2929.22 be amended and section 2941.1428 of the
Revised Code be enacted to read as follows:
Sec. 2903.01. (A) No person shall purposely, and with
prior calculation and design, cause the death of another or the
unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another
or the unlawful termination of another's pregnancy while
committing or attempting to commit, or while fleeing immediately
after committing or attempting to commit, kidnapping, rape,
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aggravated arson, arson, aggravated robbery, robbery, aggravated
burglary, burglary, trespass in a habitation when a person is
present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another
who is under thirteen years of age at the time of the commission
of the offense.
(D) No person who is under detention as a result of having
been found guilty of or having pleaded guilty to a felony or who
breaks that detention shall purposely cause the death of
another.
(E) No person shall purposely cause the death of a law
enforcement officer whom the offender knows or has reasonable
cause to know is a law enforcement officer when either of the
following applies:
(1) The victim, at the time of the commission of the
offense, is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law
enforcement officer.
(F) No person shall purposely cause the death of a first
responder or military member whom the offender knows or has
reasonable cause to know is a first responder or military member
when it is the offender's specific purpose to kill a first
responder or military member.
(G) No person shall purposely cause the death of an
elected official.
(H) No person shall purposely cause the death of a another
person if the offender's motivation for the killing is based on
political affiliation, association, belief, or ideology, whether
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or not the offender was mistaken as to that motivation.
(I) Whoever violates this section is guilty of aggravated
murder, and shall be punished as provided in section 2929.02 of
the Revised Code.
(H)(J) As used in this section:
(1) "Detention" has the same meaning as in section 2921.01
of the Revised Code.
(2) "Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised Code and also includes any
federal law enforcement officer as defined in section 2921.51 of
the Revised Code and anyone who has previously served as a law
enforcement officer or federal law enforcement officer.
(3) "First responder" means an emergency medical service
provider, a firefighter, or any other emergency response
personnel, or anyone who has previously served as a first
responder.
(4) "Military member" means a member of the armed forces
of the United States, reserves, or Ohio national guard, a
participant in ROTC, JROTC, or any similar military training
program, or anyone who has previously served in the military.
(5) "Elected official" means an official elected to a
local or statewide office.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject
to divisions (A)(2) and (3) of this section, any facility other
than an offender's home or residence in which an offender is
assigned to live and that satisfies all of the following
criteria:
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(a) It provides programs through which the offender may
seek or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment,
habilitation, or other service that it provides from the
government agency that is responsible for licensing or
certifying that type of education, training, treatment,
habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(3) "Alternative residential facility" includes a
community alternative sentencing center or district community
alternative sentencing center when authorized by section 307.932
of the Revised Code and when the center is being used for an OVI
term of confinement, as defined by that section.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to
supervise the offender in accordance with sanctions imposed by
the court or imposed by the parole board pursuant to section
2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control
supervision.
(C) "Cocaine," "fentanyl-related compound," "hashish,"
"L.S.D.," and "unit dose" have the same meanings as in section
2925.01 of the Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
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community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is
not a prison term and that is described in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction
that is not a jail term and that is described in section
2929.26, 2929.27, or 2929.28 of the Revised Code. "Community
control sanction" includes probation if the sentence involved
was imposed for a felony that was committed prior to July 1,
1996, or if the sentence involved was imposed for a misdemeanor
that was committed prior to January 1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of
the Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program
under which an offender agrees to submit to random chemical
analysis of the offender's blood, breath, or urine to determine
whether the offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which
a person undergoes assessment and treatment designed to reduce
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or completely eliminate the person's physical or emotional
reliance upon alcohol, another drug, or alcohol and another drug
and under which the person may be required to receive assessment
and treatment on an outpatient basis or may be required to
reside at a facility other than the person's home or residence
while undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered
by a victim as a direct and proximate result of the commission
of an offense and includes any loss of income due to lost time
at work because of any injury caused to the victim, any property
loss, medical cost, or funeral expense incurred as a result of
the commission of the offense, and the cost of any accounting or
auditing done to determine the extent of loss if the cost is
incurred and payable by the victim. "Economic loss" does not
include non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11
of the Revised Code.
(O) "Halfway house" means a facility licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment
of adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
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specified by the sentencing court or by the parole board
pursuant to section 2967.28 of the Revised Code and during which
all of the following apply:
(1) The offender is required to remain in the offender's
home or other specified premises for the specified period of
confinement, except for periods of time during which the
offender is at the offender's place of employment or at other
premises as authorized by the sentencing court or by the parole
board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by
the parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person
appointed by the court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to supervise the offender
while the offender is seeking or maintaining necessary
employment and participating in training, education, and
treatment programs as required in the court's or parole board's
order. "Intensive probation supervision" includes intensive
parole supervision and intensive post-release control
supervision.
(R) "Jail" means a jail, workhouse, minimum security jail,
or other residential facility used for the confinement of
alleged or convicted offenders that is operated by a political
subdivision or a combination of political subdivisions of this
state.
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(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail
for a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G)
of section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (F) of section 2929.24 of the Revised Code, division
(B) of section 4510.14 of the Revised Code, or division (G) of
section 4511.19 of the Revised Code or pursuant to any other
provision of the Revised Code that requires a term in a jail for
a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made
by a sentencing court, or by the parole board pursuant to
section 2967.28 of the Revised Code, to the regulatory or
licensing board or agency that issued an offender a professional
license or a license or permit to do business in this state and
that specifies that the offender has been convicted of or
pleaded guilty to an offense that may violate the conditions
under which the offender's professional license or license or
permit to do business in this state was granted or an offense
for which the offender's professional license or license or
permit to do business in this state may be revoked or suspended.
(W) "Major drug offender" means an offender who is
convicted of or pleads guilty to the possession of, sale of, or
offer to sell any drug, compound, mixture, preparation, or
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substance that consists of or contains at least one thousand
grams of hashish; at least one hundred grams of cocaine; at
least one thousand unit doses or one hundred grams of heroin; at
least five thousand unit doses of L.S.D. or five hundred grams
of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form; at least fifty grams of a controlled substance
analog; at least one thousand unit doses or one hundred grams of
a fentanyl-related compound; or at least one hundred times the
amount of any other schedule I or II controlled substance other
than marihuana that is necessary to commit a felony of the third
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11
of the Revised Code that is based on the possession of, sale of,
or offer to sell the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term
in prison that must be imposed for the offenses or circumstances
set forth in divisions (F)(1) to (8) or (F)(12) to (21) of
section 2929.13 and division (B) of section 2929.14 of the
Revised Code. Except as provided in sections 2925.02, 2925.03,
2925.04, 2925.05, and 2925.11 of the Revised Code, unless the
maximum or another specific term is required under section
2929.14 or 2929.142 of the Revised Code, a mandatory prison term
described in this division may be any prison term authorized for
the level of offense except that if the offense is a felony of
the first or second degree committed on or after March 22, 2019,
a mandatory prison term described in this division may be one of
the terms prescribed in division (A)(1)(a) or (2)(a) of section
2929.14 of the Revised Code, whichever is applicable, that is
authorized as the minimum term for the offense.
(2) The term of sixty or one hundred twenty days in prison
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that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or
five years in prison that a sentencing court is required to
impose pursuant to division (G)(2) of section 2929.13 of the
Revised Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13
of the Revised Code or pursuant to division (B)(1)(a), (b), or
(c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which
an offender continues to be under the control of the sentencing
court or parole board, subject to no conditions other than
leading a law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction and
includes a violation sanction center operated under authority of
section 2967.141 of the Revised Code.
(BB)(1) "Prison term" includes either of the following
sanctions for an offender:
(a) A stated prison term;
(b) A term in a prison shortened by, or with the approval
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of, the sentencing court pursuant to section 2929.143, 2929.20,
5120.031, 5120.032, or 5120.073 of the Revised Code or shortened
pursuant to section 2967.26 of the Revised Code.
(2) With respect to a non-life felony indefinite prison
term, references in any provision of law to a reduction of, or
deduction from, the prison term mean a reduction in, or
deduction from, the minimum term imposed as part of the
indefinite term.
(CC) "Repeat violent offender" means a person about whom
both of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to an offense described in division
(CC)(1)(a) of this section.
(2) The person previously was convicted of or pleaded
guilty to an offense described in division (CC)(1)(a) or (b) of
this section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as
punishment for the offense. "Sanction" includes any sanction
imposed pursuant to any provision of sections 2929.14 to 2929.18
or 2929.24 to 2929.28 of the Revised Code.
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(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF)(1) "Stated prison term" means the prison term,
mandatory prison term, or combination of all prison terms and
mandatory prison terms imposed by the sentencing court pursuant
to section 2929.14, 2929.142, or 2971.03 of the Revised Code or
under section 2919.25 of the Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or house arrest
with electronic monitoring imposed after earning credits
pursuant to section 2967.193 or 2967.194 of the Revised Code. If
an offender is serving a prison term as a risk reduction
sentence under sections 2929.143 and 5120.036 of the Revised
Code, "stated prison term" includes any period of time by which
the prison term imposed upon the offender is shortened by the
offender's successful completion of all assessment and treatment
or programming pursuant to those sections.
(2) As used in the definition of "stated prison term" set
forth in division (FF)(1) of this section, a prison term is a
definite prison term imposed under section 2929.14 of the
Revised Code or any other provision of law, is the minimum and
maximum prison terms under a non-life felony indefinite prison
term, or is a term of life imprisonment except to the extent
that the use of that definition in a section of the Revised Code
clearly is not intended to include a term of life imprisonment.
With respect to an offender sentenced to a non-life felony
indefinite prison term, references in section 2967.191,
2967.193, or 2967.194 of the Revised Code or any other provision
of law to a reduction of, or deduction from, the offender's
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stated prison term or to release of the offender before the
expiration of the offender's stated prison term mean a reduction
in, or deduction from, the minimum term imposed as part of the
indefinite term or a release of the offender before the
expiration of that minimum term, references in section 2929.19
or 2967.28 of the Revised Code to a stated prison term with
respect to a prison term imposed for a violation of a post-
release control sanction mean the minimum term so imposed, and
references in any provision of law to an offender's service of
the offender's stated prison term or the expiration of the
offender's stated prison term mean service or expiration of the
minimum term so imposed plus any additional period of
incarceration under the sentence that is required under section
2967.271 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of
the offense committed by the offender and that includes a
meeting in which the offender and the victim may discuss the
offense, discuss restitution, and consider other sanctions for
the offense.
(HH) "Fourth degree felony OVI offense" means a violation
of division (A) of section 4511.19 of the Revised Code that,
under division (G) of that section, is a felony of the fourth
degree.
(II) "Mandatory term of local incarceration" means the
term of sixty or one hundred twenty days in a jail, a community-
based correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section
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2929.13 of the Revised Code and division (G)(1)(d) or (e) of
section 4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping
offense," "violent sex offense," "sexual motivation
specification," "sexually violent offense," "sexually violent
predator," and "sexually violent predator specification" have
the same meanings as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender" have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child"
if the offender commits the offense within thirty feet of or
within the same residential unit as a child who is under
eighteen years of age, regardless of whether the offender knows
the age of the child or whether the offender knows the offense
is being committed within thirty feet of or within the same
residential unit as the child and regardless of whether the
child actually views the commission of the offense.
(MM) "Family or household member" has the same meaning as
in section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation
of division (A) of section 4511.19 of the Revised Code that,
under division (G) of that section, is a felony of the third
degree.
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(QQ) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in
section 2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or
battery power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of
the type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered
in any manner without prior court approval in relation to
electronic monitoring or without prior approval of the
department of rehabilitation and correction in relation to the
use of an electronic monitoring device for an inmate on
transitional control or otherwise is tampered with, that can
transmit continuously and periodically a signal to that receiver
when the person is within a specified distance from the
receiver, and that can transmit an appropriate signal to that
receiver if the person to whom it is attached travels a
specified distance from that receiver.
(b) The device has a receiver that can receive
continuously the signals transmitted by a transmitter of the
type described in division (UU)(1)(a) of this section, can
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transmit continuously those signals by a wireless or landline
telephone connection to a central monitoring computer of the
type described in division (UU)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the device has been turned off or altered
without prior court approval or otherwise tampered with. The
device is designed specifically for use in electronic
monitoring, is not a converted wireless phone or another
tracking device that is clearly not designed for electronic
monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type
described in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device
of the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described
in division (UU)(1) of this section and that conforms with all
of the following:
(a) The device includes a transmitter and receiver that
can monitor and determine the location of a subject person at
any time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that
can determine at any time, or at a designated point in time,
through the use of a central monitoring computer or other
electronic means the fact that the transmitter is turned off or
altered in any manner without prior approval of the court in
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relation to the electronic monitoring or without prior approval
of the department of rehabilitation and correction in relation
to the use of an electronic monitoring device for an inmate on
transitional control or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that
is approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered
by a victim of an offense as a result of or related to the
commission of the offense, including, but not limited to, pain
and suffering; loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance, counsel,
instruction, training, or education; mental anguish; and any
other intangible loss.
(WW) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of
the location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator"
if the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging
that violent sex offense or if the person is convicted of or
pleads guilty to a designated homicide, assault, or kidnapping
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offense and also is convicted of or pleads guilty to both a
sexual motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or
within five hundred feet of any school building or the
boundaries of any school premises, regardless of whether the
offender knows the offense is being committed in a school safety
zone or within five hundred feet of any school building or the
boundaries of any school premises.
(AAA) "Human trafficking" means a scheme or plan to which
all of the following apply:
(1) Its object is one or both of the following:
(a) To subject a victim or victims to involuntary
servitude, as defined in section 2905.31 of the Revised Code or
to compel a victim or victims to engage in sexual activity for
hire, to engage in a performance that is obscene, sexually
oriented, or nudity oriented, or to be a model or participant in
the production of material that is obscene, sexually oriented,
or nudity oriented;
(b) To facilitate, encourage, or recruit a victim who is a
minor or is a person with a developmental disability, or victims
who are minors or are persons with developmental disabilities,
for any purpose listed in divisions (A)(2)(a) to (c) of section
2905.32 of the Revised Code.
(2) It involves at least two felony offenses, whether or
not there has been a prior conviction for any of the felony
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offenses, to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32,
division (A)(1) or (2) of section 2907.323, or division (B)(1),
(2), (3), (4), or (5) of section 2919.22 of the Revised Code or
is a violation of a law of any state other than this state that
is substantially similar to any of the sections or divisions of
the Revised Code identified in this division.
(b) At least one of the felony offenses was committed in
this state.
(c) The felony offenses are related to the same scheme or
plan and are not isolated instances.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01
of the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or
nudity oriented" means any material that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state
of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that
shows a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state
of nudity.
(EEE) "Accelerant" means a fuel or oxidizing agent, such
as an ignitable liquid, used to initiate a fire or increase the
rate of growth or spread of a fire.
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(FFF) "Permanent disabling harm" means serious physical
harm that results in permanent injury to the intellectual,
physical, or sensory functions and that permanently and
substantially impairs a person's ability to meet one or more of
the ordinary demands of life, including the functions of caring
for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
(GGG) "Non-life felony indefinite prison term" means a
prison term imposed under division (A)(1)(a) or (2)(a) of
section 2929.14 and section 2929.144 of the Revised Code for a
felony of the first or second degree committed on or after March
22, 2019.
(HHH) "Biological sex" means the biological indication of
male and female, including sex chromosomes, naturally occurring
sex hormones, gonads, and nonambiguous internal and external
genitalia present at birth, without regard to an individual's
psychological, chosen, or subjective experience of gender.
Sec. 2929.12. (A) Unless otherwise required by section
2929.13 or 2929.14 of the Revised Code, a court that imposes a
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with
the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. In exercising that discretion, the
court shall consider the factors set forth in divisions (B) and
(C) of this section relating to the seriousness of the conduct,
the factors provided in divisions (D) and (E) of this section
relating to the likelihood of the offender's recidivism, the
factors set forth in division (F) of this section pertaining to
the offender's service in the armed forces of the United States,
and the factors set forth in division (G) of this section
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relating to Alford pleas and, in addition, may consider any
other factors that are relevant to achieving those purposes and
principles of sentencing.
(B) The sentencing court shall consider all of the
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the
offender's conduct is more serious than conduct normally
constituting the offense:
(1) The physical or mental injury suffered by the victim
of the offense due to the conduct of the offender was
exacerbated because of the physical or mental condition or age
of the victim.
(2) The victim of the offense suffered serious physical,
psychological, or economic harm, including serious physical harm
the victim caused to the victim's self, as a result of the
offense.
(3) The victim died by suicide as a result of the offense.
(4) The offender held a public office or position of trust
in the community, and the offense related to that office or
position.
(5) The offender's occupation, elected office, or
profession obliged the offender to prevent the offense or bring
others committing it to justice.
(6) The offender's professional reputation or occupation,
elected office, or profession was used to facilitate the offense
or is likely to influence the future conduct of others.
(7) The offender's relationship with the victim
facilitated the offense.
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(8) The offender committed the offense for hire or as a
part of an organized criminal activity.
(9) In committing the offense, the offender was motivated
by prejudice based on race, ethnic background, gender, sexual
orientation, or religion.
(10) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the time of the violation, the offender committed the offense in
the vicinity of one or more children who are not victims of the
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one
or more of those children.
(11) Whether the offender was motivated to commit the
offense by the race, religion, elected or appointed position,
political affiliation, political association, or biological sex
of the victim.
(C) The sentencing court shall consider all of the
following that apply regarding the offender, the offense, or the
victim, and any other relevant factors, as indicating that the
offender's conduct is less serious than conduct normally
constituting the offense:
(1) The victim induced or facilitated the offense.
(2) In committing the offense, the offender acted under
strong provocation.
(3) In committing the offense, the offender did not cause
or expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the
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offender's conduct, although the grounds are not enough to
constitute a defense.
(D) The sentencing court shall consider all of the
following that apply regarding the offender, and any other
relevant factors, as factors indicating that the offender is
likely to commit future crimes:
(1) At the time of committing the offense, the offender
was under release from confinement before trial or sentencing;
was under a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code; was under post-release
control pursuant to section 2967.28 or any other provision of
the Revised Code for an earlier offense or had been unfavorably
terminated from post-release control for a prior offense
pursuant to division (B) of section 2967.16 or section 2929.141
of the Revised Code; was under transitional control in
connection with a prior offense; or had absconded from the
offender's approved community placement resulting in the
offender's removal from the transitional control program under
section 2967.26 of the Revised Code.
(2) The offender previously was adjudicated a delinquent
child pursuant to Chapter 2151. of the Revised Code prior to
January 1, 2002, or pursuant to Chapter 2152. of the Revised
Code, or the offender has a history of criminal convictions.
(3) The offender has not been rehabilitated to a
satisfactory degree after previously being adjudicated a
delinquent child pursuant to Chapter 2151. of the Revised Code
prior to January 1, 2002, or pursuant to Chapter 2152. of the
Revised Code, or the offender has not responded favorably to
sanctions previously imposed for criminal convictions.
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(4) The offender has demonstrated a pattern of drug or
alcohol abuse that is related to the offense, and the offender
refuses to acknowledge that the offender has demonstrated that
pattern, or the offender refuses treatment for the drug or
alcohol abuse.
(5) The offender shows no genuine remorse for the offense.
(E) The sentencing court shall consider all of the
following that apply regarding the offender, and any other
relevant factors, as factors indicating that the offender is not
likely to commit future crimes:
(1) Prior to committing the offense, the offender had not
been adjudicated a delinquent child.
(2) Prior to committing the offense, the offender had not
been convicted of or pleaded guilty to a criminal offense.
(3) Prior to committing the offense, the offender had led
a law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not
likely to recur.
(5) Except as provided in division (G) of this section,
the offender shows genuine remorse for the offense.
(F) The sentencing court shall consider the offender's
military service record and whether the offender has an
emotional, mental, or physical condition that is traceable to
the offender's service in the armed forces of the United States
and that was a contributing factor in the offender's commission
of the offense or offenses.
(G) If the offender enters an Alford plea, the sentencing
court shall not consider whether the offender showed genuine
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remorse for the offense.
Sec. 2929.14. (A) Except as provided in division (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),
(B)(10), (B)(11), (E), (G), (H), (J), or (K) of this section or
in division (D)(6) of section 2919.25 of the Revised Code and
except in relation to an offense for which a sentence of death
or life imprisonment is to be imposed, if the court imposing a
sentence upon an offender for a felony elects or is required to
impose a prison term on the offender pursuant to this chapter,
the court shall impose a prison term that shall be one of the
following:
(1)(a) For a felony of the first degree committed on or
after March 22, 2019, the prison term shall be an indefinite
prison term with a stated minimum term selected by the court of
three, four, five, six, seven, eight, nine, ten, or eleven years
and a maximum term that is determined pursuant to section
2929.144 of the Revised Code, except that if the section that
criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the
minimum term or sentence imposed under that specific language
shall be considered for purposes of the Revised Code as if it
had been imposed under this division.
(b) For a felony of the first degree committed prior to
March 22, 2019, the prison term shall be a definite prison term
of three, four, five, six, seven, eight, nine, ten, or eleven
years.
(2)(a) For a felony of the second degree committed on or
after March 22, 2019, the prison term shall be an indefinite
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prison term with a stated minimum term selected by the court of
two, three, four, five, six, seven, or eight years and a maximum
term that is determined pursuant to section 2929.144 of the
Revised Code, except that if the section that criminalizes the
conduct constituting the felony specifies a different minimum
term or penalty for the offense, the specific language of that
section shall control in determining the minimum term or
otherwise sentencing the offender but the minimum term or
sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been
imposed under this division.
(b) For a felony of the second degree committed prior to
March 22, 2019, the prison term shall be a definite term of two,
three, four, five, six, seven, or eight years.
(3)(a) For a felony of the third degree that is a
violation of section 2903.06, 2903.08, 2907.03, 2907.04,
2907.05, 2907.321, 2907.322, 2907.323, 2919.25, or 3795.04 of
the Revised Code, that is a violation of division (A) of section
4511.19 of the Revised Code if the offender previously has been
convicted of or pleaded guilty to a violation of division (A) of
that section that was a felony, that is a violation of section
2911.02 or 2911.12 of the Revised Code if the offender
previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or
that is a violation of division (B) of section 2921.331 of the
Revised Code if division (C)(5) of that section applies, the
prison term shall be a definite term of twelve, eighteen,
twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty-
four, or sixty months.
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(b) For a felony of the third degree that is not an
offense for which division (A)(3)(a) of this section applies,
the prison term shall be a definite term of nine, twelve,
eighteen, twenty-four, thirty, or thirty-six months.
(4) For a felony of the fourth degree, the prison term
shall be a definite term of six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen,
or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall be a definite term of six, seven, eight, nine, ten,
eleven, or twelve months.
(B)(1)(a) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.141,
2941.144, or 2941.145 of the Revised Code, the court shall
impose on the offender one of the following prison terms:
(i) A prison term of six years if the specification is of
the type described in division (A) of section 2941.144 of the
Revised Code that charges the offender with having a firearm
that is an automatic firearm or that was equipped with a firearm
muffler or suppressor on or about the offender's person or under
the offender's control while committing the offense;
(ii) A prison term of three years if the specification is
of the type described in division (A) of section 2941.145 of the
Revised Code that charges the offender with having a firearm on
or about the offender's person or under the offender's control
while committing the offense and displaying the firearm,
brandishing the firearm, indicating that the offender possessed
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the firearm, or using it to facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in division (A) of section 2941.141 of the
Revised Code that charges the offender with having a firearm on
or about the offender's person or under the offender's control
while committing the offense;
(iv) A prison term of nine years if the specification is
of the type described in division (D) of section 2941.144 of the
Revised Code that charges the offender with having a firearm
that is an automatic firearm or that was equipped with a firearm
muffler or suppressor on or about the offender's person or under
the offender's control while committing the offense and
specifies that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in
section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code;
(v) A prison term of fifty-four months if the
specification is of the type described in division (D) of
section 2941.145 of the Revised Code that charges the offender
with having a firearm on or about the offender's person or under
the offender's control while committing the offense and
displaying the firearm, brandishing the firearm, indicating that
the offender possessed the firearm, or using the firearm to
facilitate the offense and that the offender previously has been
convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;
(vi) A prison term of eighteen months if the specification
is of the type described in division (D) of section 2941.141 of
the Revised Code that charges the offender with having a firearm
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on or about the offender's person or under the offender's
control while committing the offense and that the offender
previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.
(b) If a court imposes a prison term on an offender under
division (B)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter
2967. or Chapter 5120. of the Revised Code. Except as provided
in division (B)(1)(g) of this section, a court shall not impose
more than one prison term on an offender under division (B)(1)
(a) of this section for felonies committed as part of the same
act or transaction.
(c)(i) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
a violation of section 2923.161 of the Revised Code or to a
felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or
physical harm to another, also is convicted of or pleads guilty
to a specification of the type described in division (A) of
section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle other than a manufactured home, the court, after
imposing a prison term on the offender for the violation of
section 2923.161 of the Revised Code or for the other felony
offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of five years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
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Code.
(ii) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
a violation of section 2923.161 of the Revised Code or to a
felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or
physical harm to another, also is convicted of or pleads guilty
to a specification of the type described in division (C) of
section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle other than a manufactured home and that the
offender previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code,
the court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the
other felony offense under division (A), (B)(2), or (3) of this
section, shall impose an additional prison term of ninety months
upon the offender that shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,
or any other provision of Chapter 2967. or Chapter 5120. of the
Revised Code.
(iii) A court shall not impose more than one additional
prison term on an offender under division (B)(1)(c) of this
section for felonies committed as part of the same act or
transaction. If a court imposes an additional prison term on an
offender under division (B)(1)(c) of this section relative to an
offense, the court also shall impose a prison term under
division (B)(1)(a) of this section relative to the same offense,
provided the criteria specified in that division for imposing an
additional prison term are satisfied relative to the offender
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and the offense.
(d) If an offender who is convicted of or pleads guilty to
an offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in
section 2941.1411 of the Revised Code that charges the offender
with wearing or carrying body armor while committing the felony
offense of violence, the court shall impose on the offender an
additional prison term of two years. The prison term so imposed
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court
imposes an additional prison term under division (B)(1)(a) or
(c) of this section, the court is not precluded from imposing an
additional prison term under division (B)(1)(d) of this section.
(e) The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (B)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122
that involves a deadly weapon that is a firearm other than a
dangerous ordnance, section 2923.16, or section 2923.121 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(1)(c) of this
section upon an offender for a violation of section 2923.13 of
the Revised Code unless all of the following apply:
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(i) The offender previously has been convicted of
aggravated murder, murder, or any felony of the first or second
degree.
(ii) Less than five years have passed since the offender
was released from prison or post-release control, whichever is
later, for the prior offense.
(f)(i) If an offender is convicted of or pleads guilty to
a felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in division (A) of section 2941.1412 of the
Revised Code that charges the offender with committing the
offense by discharging a firearm at a peace officer as defined
in section 2935.01 of the Revised Code or a corrections officer,
as defined in section 2941.1412 of the Revised Code, the court,
after imposing a prison term on the offender for the felony
offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code.
(ii) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in division (B) of section 2941.1412 of the
Revised Code that charges the offender with committing the
offense by discharging a firearm at a peace officer, as defined
in section 2935.01 of the Revised Code, or a corrections
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officer, as defined in section 2941.1412 of the Revised Code,
and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in
section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code, the court, after imposing a prison term on the
offender for the felony offense under division (A), (B)(2), or
(3) of this section, shall impose an additional prison term of
one hundred twenty-six months upon the offender that shall not
be reduced pursuant to section 2929.20, division (A)(2) or (3)
of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code.
(iii) If an offender is convicted of or pleads guilty to
two or more felonies that include, as an essential element,
causing or attempting to cause the death or physical harm to
another and also is convicted of or pleads guilty to a
specification of the type described under division (B)(1)(f) of
this section in connection with two or more of the felonies of
which the offender is convicted or to which the offender pleads
guilty, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(f) of this section
for each of two of the specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications. If a court imposes an additional prison term on
an offender under division (B)(1)(f) of this section relative to
an offense, the court shall not impose a prison term under
division (B)(1)(a) or (c) of this section relative to the same
offense.
(g) If an offender is convicted of or pleads guilty to two
or more felonies, if one or more of those felonies are
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aggravated murder, murder, attempted aggravated murder,
attempted murder, aggravated robbery, felonious assault, or
rape, and if the offender is convicted of or pleads guilty to a
specification of the type described under division (B)(1)(a) of
this section in connection with two or more of the felonies, the
sentencing court shall impose on the offender the prison term
specified under division (B)(1)(a) of this section for each of
the two most serious specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications.
(2)(a) If division (B)(2)(b) of this section does not
apply, the court may impose on an offender, in addition to the
longest prison term authorized or required for the offense or,
for offenses for which division (A)(1)(a) or (2)(a) of this
section applies, in addition to the longest minimum prison term
authorized or required for the offense, an additional definite
prison term of one, two, three, four, five, six, seven, eight,
nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is
convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment
without parole, any felony of the first degree that is an
offense of violence and the court does not impose a sentence of
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As Introduced
life imprisonment without parole, or any felony of the second
degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat
to cause serious physical harm to a person or resulted in
serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense or the longest minimum prison term for the offense,
whichever is applicable, that is not life imprisonment without
parole.
(iv) The court finds that the prison terms imposed
pursuant to division (B)(2)(a)(iii) of this section and, if
applicable, division (B)(1) or (3) of this section are
inadequate to punish the offender and protect the public from
future crime, because the applicable factors under section
2929.12 of the Revised Code indicating a greater likelihood of
recidivism outweigh the applicable factors under that section
indicating a lesser likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant
to division (B)(2)(a)(iii) of this section and, if applicable,
division (B)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest
prison term authorized or required for the offense or, for
offenses for which division (A)(1)(a) or (2)(a) of this section
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applies, the longest minimum prison term authorized or required
for the offense, and shall impose on the offender an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has
been convicted of or pleaded guilty to three or more offenses
described in division (CC)(1) of section 2929.01 of the Revised
Code, including all offenses described in that division of which
the offender is convicted or to which the offender pleads guilty
in the current prosecution and all offenses described in that
division of which the offender previously has been convicted or
to which the offender previously pleaded guilty, whether
prosecuted together or separately.
(iii) The offense or offenses of which the offender
currently is convicted or to which the offender currently pleads
guilty is aggravated murder and the court does not impose a
sentence of death or life imprisonment without parole, murder,
terrorism and the court does not impose a sentence of life
imprisonment without parole, any felony of the first degree that
is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of
the second degree that is an offense of violence and the trier
of fact finds that the offense involved an attempt to cause or a
threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.
(c) For purposes of division (B)(2)(b) of this section,
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H. B. No. 457
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As Introduced
two or more offenses committed at the same time or as part of
the same act or event shall be considered one offense, and that
one offense shall be the offense with the greatest penalty.
(d) A sentence imposed under division (B)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. The offender shall serve an additional prison term imposed
under division (B)(2)(a) or (b) of this section consecutively to
and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (B)(2)
(a) or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed
for the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender,
if the offender commits a violation of section 2925.05 of the
Revised Code and division (E)(1) of that section classifies the
offender as a major drug offender, if the offender commits a
felony violation of section 2925.02, 2925.04, 2925.05, 2925.36,
3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61,
division (C) or (D) of section 3719.172, division (E) of section
4729.51, or division (J) of section 4729.54 of the Revised Code
that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender
finds that the offender is guilty of a specification of the type
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H. B. No. 457
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As Introduced
described in division (A) of section 2941.1410 of the Revised
Code charging that the offender is a major drug offender, if the
court imposing sentence upon an offender for a felony finds that
the offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the
Revised Code that was attempted, the offender would have been
subject to a sentence of life imprisonment or life imprisonment
without parole for the violation of section 2907.02 of the
Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described
in this division that cannot be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,
or any other provision of Chapter 2967. or 5120. of the Revised
Code. The mandatory prison term shall be the maximum definite
prison term prescribed in division (A)(1)(b) of this section for
a felony of the first degree, except that for offenses for which
division (A)(1)(a) of this section applies, the mandatory prison
term shall be the longest minimum prison term prescribed in that
division for the offense.
(4) If the offender is being sentenced for a third or
fourth degree felony OVI offense under division (G)(2) of
section 2929.13 of the Revised Code, the sentencing court shall
impose upon the offender a mandatory prison term in accordance
with that division. In addition to the mandatory prison term, if
the offender is being sentenced for a fourth degree felony OVI
offense, the court, notwithstanding division (A)(4) of this
section, may sentence the offender to a definite prison term of
not less than six months and not more than thirty months, and if
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H. B. No. 457
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As Introduced
the offender is being sentenced for a third degree felony OVI
offense, the sentencing court may sentence the offender to an
additional prison term of any duration specified in division (A)
(3) of this section. In either case, the additional prison term
imposed shall be reduced by the sixty or one hundred twenty days
imposed upon the offender as the mandatory prison term. The
total of the additional prison term imposed under division (B)
(4) of this section plus the sixty or one hundred twenty days
imposed as the mandatory prison term shall equal a definite term
in the range of six months to thirty months for a fourth degree
felony OVI offense and shall equal one of the authorized prison
terms specified in division (A)(3) of this section for a third
degree felony OVI offense. If the court imposes an additional
prison term under division (B)(4) of this section, the offender
shall serve the additional prison term after the offender has
served the mandatory prison term required for the offense. In
addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (B)(4)
of this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of
the Revised Code, but the offender shall serve all of the prison
terms so imposed prior to serving the community control
sanction.
If the offender is being sentenced for a fourth degree
felony OVI offense under division (G)(1) of section 2929.13 of
the Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described
in division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
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As Introduced
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised
Code, an investigator of the bureau of criminal identification
and investigation, as defined in section 2903.11 of the Revised
Code, or a firefighter or emergency medical worker, both as
defined in section 2941.1414 of the Revised Code, the court
shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5)
of this section, the prison term shall not be reduced pursuant
to section 2929.20, division (A)(2) or (3) of section 2967.193
or 2967.194, or any other provision of Chapter 2967. or Chapter
5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(5) of this
section for felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the
Revised Code, or three or more violations of any combination of
those offenses, the court shall impose on the offender a prison
term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A court shall not impose more than one prison term on an
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As Introduced
offender under division (B)(6) of this section for felonies
committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to
a felony violation of section 2905.01, 2905.02, 2907.21,
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323
involving a minor, or division (B)(1), (2), (3), (4), or (5) of
section 2919.22 of the Revised Code and also is convicted of or
pleads guilty to a specification of the type described in
section 2941.1422 of the Revised Code that charges that the
offender knowingly committed the offense in furtherance of human
trafficking, the court shall impose on the offender a mandatory
prison term that is one of the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than eleven years, except that if the offense is a felony of the
first degree committed on or after March 22, 2019, the court
shall impose as the minimum prison term a mandatory term of not
less than five years and not greater than eleven years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A)(2)(b) or (3) of this section, except that if the
offense is a felony of the second degree committed on or after
March 22, 2019, the court shall impose as the minimum prison
term a mandatory term of not less than three years and not
greater than eight years;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of
the Revised Code.
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(b) The prison term imposed under division (B)(7)(a) of
this section shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. of the Revised Code. A court
shall not impose more than one prison term on an offender under
division (B)(7)(a) of this section for felonies committed as
part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range prescribed in division (A)
of this section as the definite prison term or minimum prison
term for felonies of the same degree as the violation, the court
shall impose on the offender a mandatory prison term that is
either a definite prison term of six months or one of the prison
terms prescribed in division (A) of this section for felonies of
the same degree as the violation, except that if the violation
is a felony of the first or second degree committed on or after
March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a
mandatory term that is one of the terms prescribed in that
division, whichever is applicable, for the offense.
(9)(a) If an offender is convicted of or pleads guilty to
a violation of division (A)(1) or (2) of section 2903.11 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1425 of the
Revised Code, the court shall impose on the offender a mandatory
prison term of six years if either of the following applies:
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(i) The violation is a violation of division (A)(1) of
section 2903.11 of the Revised Code and the specification
charges that the offender used an accelerant in committing the
violation and the serious physical harm to another or to
another's unborn caused by the violation resulted in a
permanent, serious disfigurement or permanent, substantial
incapacity;
(ii) The violation is a violation of division (A)(2) of
section 2903.11 of the Revised Code and the specification
charges that the offender used an accelerant in committing the
violation, that the violation caused physical harm to another or
to another's unborn, and that the physical harm resulted in a
permanent, serious disfigurement or permanent, substantial
incapacity.
(b) If a court imposes a prison term on an offender under
division (B)(9)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter
2967. or Chapter 5120. of the Revised Code. A court shall not
impose more than one prison term on an offender under division
(B)(9) of this section for felonies committed as part of the
same act.
(c) The provisions of divisions (B)(9) and (C)(6) of this
section and of division (D)(2) of section 2903.11, division (F)
(20) of section 2929.13, and section 2941.1425 of the Revised
Code shall be known as "Judy's Law."
(10) If an offender is convicted of or pleads guilty to a
violation of division (A) of section 2903.11 of the Revised Code
and also is convicted of or pleads guilty to a specification of
the type described in section 2941.1426 of the Revised Code that
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charges that the victim of the offense suffered permanent
disabling harm as a result of the offense and that the victim
was under ten years of age at the time of the offense,
regardless of whether the offender knew the age of the victim,
the court shall impose upon the offender an additional definite
prison term of six years. A prison term imposed on an offender
under division (B)(10) of this section shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division
relative to a violation of division (A) of section 2903.11 of
the Revised Code, the court shall not impose any other
additional prison term on the offender relative to the same
offense.
(11) If an offender is convicted of or pleads guilty to a
felony violation of section 2925.03 or 2925.05 of the Revised
Code or a felony violation of section 2925.11 of the Revised
Code for which division (C)(11) of that section applies in
determining the sentence for the violation, if the drug involved
in the violation is a fentanyl-related compound or a compound,
mixture, preparation, or substance containing a fentanyl-related
compound, and if the offender also is convicted of or pleads
guilty to a specification of the type described in division (B)
of section 2941.1410 of the Revised Code that charges that the
offender is a major drug offender, in addition to any other
penalty imposed for the violation, the court shall impose on the
offender a mandatory prison term of three, four, five, six,
seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)
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(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. A court
shall not impose more than one prison term on an offender under
division (B)(11) of this section for felonies committed as part
of the same act.
(12) If an offender who is convicted of or pleads guilty
to a felony offense of violence is also convicted of or pleads
guilty to a specification of the type described in section
2941.1428 of the Revised Code that charges that the offense is a
felony offense of violence and was politically motivated, the
court shall impose as a mandatory prison term the maximum prison
term allowed for the underlying offense and shall impose on the
offender an additional mandatory prison term of ten years.
(C)(1)(a) Subject to division (C)(1)(b) of this section,
if a mandatory prison term is imposed upon an offender pursuant
to division (B)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control
while committing a felony, if a mandatory prison term is imposed
upon an offender pursuant to division (B)(1)(c) of this section
for committing a felony specified in that division by
discharging a firearm from a motor vehicle, or if both types of
mandatory prison terms are imposed, the offender shall serve any
mandatory prison term imposed under either division
consecutively to any other mandatory prison term imposed under
either division or under division (B)(1)(d) of this section,
consecutively to and prior to any prison term imposed for the
underlying felony pursuant to division (A), (B)(2), or (B)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
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(b) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (B)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed
for the underlying felony under division (A), (B)(2), or (B)(3)
of this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(f) of this section, the offender
shall serve the mandatory prison term so imposed consecutively
to and prior to any prison term imposed for the underlying
felony under division (A), (B)(2), or (B)(3) of this section or
any other section of the Revised Code, and consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively
to any other mandatory prison term imposed under that division
or under any other provision of law and consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(e) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(11) of this section, the offender shall
serve the mandatory prison term consecutively to any other
mandatory prison term imposed under that division, consecutively
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to and prior to any prison term imposed for the underlying
felony, and consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the
offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, or 2921.35 of the Revised Code or division (A)(1) or
(2) of section 2921.34 of the Revised Code, if an offender who
is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other
residential detention facility or is under detention at a
detention facility commits another felony while the offender is
an escapee in violation of division (A)(1) or (2) of section
2921.34 of the Revised Code, any prison term imposed upon the
offender for one of those violations shall be served by the
offender consecutively to the prison term or term of
imprisonment the offender was serving when the offender
committed that offense and to any other prison term previously
or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of
division (B) of section 2911.01 of the Revised Code, a violation
of division (A) of section 2913.02 of the Revised Code in which
the stolen property is a firearm or dangerous ordnance, or a
felony violation of division (B) of section 2921.331 of the
Revised Code, the offender shall serve that prison term
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for convictions of multiple offenses, the court may require the
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As Introduced
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the
seriousness of the offender's conduct and to the danger the
offender poses to the public, and if the court also finds any of
the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing,
was under a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code, or was under post-
release control for a prior offense.
(b) At least two of the multiple offenses were committed
as part of one or more courses of conduct, and the harm caused
by two or more of the multiple offenses so committed was so
great or unusual that no single prison term for any of the
offenses committed as part of any of the courses of conduct
adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to protect
the public from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (B)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
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to division (B)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to
and prior to any prison term imposed for the underlying
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code pursuant to division (A) of this section or section
2929.142 of the Revised Code.
(6) If a mandatory prison term is imposed on an offender
pursuant to division (B)(9) of this section, the offender shall
serve the mandatory prison term consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.11 of the Revised Code and
consecutively to and prior to any other prison term or mandatory
prison term previously or subsequently imposed on the offender.
(7) If a mandatory prison term is imposed on an offender
pursuant to division (B)(10) of this section, the offender shall
serve that mandatory prison term consecutively to and prior to
any prison term imposed for the underlying felonious assault.
Except as otherwise provided in division (C) of this section,
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender may be served
concurrently with, or consecutively to, the prison term imposed
pursuant to division (B)(10) of this section.
(8) Any prison term imposed for a violation of section
2903.04 of the Revised Code that is based on a violation of
section 2925.03 or 2925.11 of the Revised Code or on a violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking shall run consecutively to any prison term
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As Introduced
imposed for the violation of section 2925.03 or 2925.11 of the
Revised Code or for the violation of section 2925.05 of the
Revised Code that is not funding of marihuana trafficking.
(9) When consecutive prison terms are imposed pursuant to
division (C)(1), (2), (3), (4), (5), (6), (7), or (8) or
division (H)(1) or (2) of this section, subject to division (C)
(10) of this section, the term to be served is the aggregate of
all of the terms so imposed.
(10) When a court sentences an offender to a non-life
felony indefinite prison term, any definite prison term or
mandatory definite prison term previously or subsequently
imposed on the offender in addition to that indefinite sentence
that is required to be served consecutively to that indefinite
sentence shall be served prior to the indefinite sentence.
(11) If a court is sentencing an offender for a felony of
the first or second degree, if division (A)(1)(a) or (2)(a) of
this section applies with respect to the sentencing for the
offense, and if the court is required under the Revised Code
section that sets forth the offense or any other Revised Code
provision to impose a mandatory prison term for the offense, the
court shall impose the required mandatory prison term as the
minimum term imposed under division (A)(1)(a) or (2)(a) of this
section, whichever is applicable.
(D)(1) If a court imposes a prison term, other than a term
of life imprisonment, for a felony of the first degree, for a
felony of the second degree, for a felony sex offense, or for a
felony of the third degree that is an offense of violence and
that is not a felony sex offense, it shall include in the
sentence a requirement that the offender be subject to a period
of post-release control after the offender's release from
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As Introduced
imprisonment, in accordance with section 2967.28 of the Revised
Code. If a court imposes a sentence including a prison term of a
type described in this division on or after July 11, 2006, the
failure of a court to include a post-release control requirement
in the sentence pursuant to this division does not negate,
limit, or otherwise affect the mandatory period of post-release
control that is required for the offender under division (B) of
section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed
a sentence including a prison term of a type described in this
division and failed to include in the sentence pursuant to this
division a statement regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(D)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of post-
release control after the offender's release from imprisonment,
in accordance with that division, if the parole board determines
that a period of post-release control is necessary. Section
2929.191 of the Revised Code applies if, prior to July 11, 2006,
a court imposed a sentence including a prison term of a type
described in this division and failed to include in the sentence
pursuant to this division a statement regarding post-release
control.
(E) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the
offender and the service of that term of imprisonment if any of
the following apply:
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(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after January 2, 2007, and either
the court does not impose a sentence of life without parole when
authorized pursuant to division (B) of section 2907.02 of the
Revised Code, or division (B) of section 2907.02 of the Revised
Code provides that the court shall not sentence the offender
pursuant to section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification
of the type described in section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code committed on or
after January 1, 2008, and that section requires the court to
sentence the offender pursuant to section 2971.03 of the Revised
Code.
(5) A person is convicted of or pleads guilty to
aggravated murder committed on or after January 1, 2008, and
division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)
(a)(iv) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
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(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to
sentence the offender pursuant to section 2971.03 of the Revised
Code.
(F) If a person who has been convicted of or pleaded
guilty to a felony is sentenced to a prison term or term of
imprisonment under this section, sections 2929.02 to 2929.06 of
the Revised Code, section 2929.142 of the Revised Code, section
2971.03 of the Revised Code, or any other provision of law,
section 5120.163 of the Revised Code applies regarding the
person while the person is confined in a state correctional
institution.
(G) If an offender who is convicted of or pleads guilty to
a felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in
section 2941.142 of the Revised Code that charges the offender
with having committed the felony while participating in a
criminal gang, the court shall impose upon the offender an
additional prison term of one, two, or three years.
(H)(1) If an offender who is convicted of or pleads guilty
to aggravated murder, murder, or a felony of the first, second,
or third degree that is an offense of violence also is convicted
of or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to
and prior to the prison term imposed for the underlying offense.
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(2)(a) If an offender is convicted of or pleads guilty to
a felony violation of section 2907.22, 2907.24, 2907.241, or
2907.25 of the Revised Code and to a specification of the type
described in section 2941.1421 of the Revised Code and if the
court imposes a prison term on the offender for the felony
violation, the court may impose upon the offender an additional
prison term as follows:
(i) Subject to division (H)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations
of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of
the Revised Code and also was convicted of or pleaded guilty to
a specification of the type described in section 2941.1421 of
the Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six,
seven, eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (H)(2)(a) of this section, the court may directly
impose on the offender a sanction that requires the offender to
wear a real-time processing, continual tracking electronic
monitoring device during the period of time specified by the
court. The period of time specified by the court shall equal the
duration of an additional prison term that the court could have
imposed upon the offender under division (H)(2)(a) of this
section. A sanction imposed under this division shall commence
on the date specified by the court, provided that the sanction
shall not commence until after the offender has served the
prison term imposed for the felony violation of section 2907.22,
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2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section
2929.16 of the Revised Code. A sanction imposed under this
division shall be considered to be a community control sanction
for purposes of section 2929.15 of the Revised Code, and all
provisions of the Revised Code that pertain to community control
sanctions shall apply to a sanction imposed under this division,
except to the extent that they would by their nature be clearly
inapplicable. The offender shall pay all costs associated with a
sanction imposed under this division, including the cost of the
use of the monitoring device.
(I) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or
5120.032 of the Revised Code, whichever is applicable, that the
offender is eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of
rehabilitation and correction shall not place the offender in
any program of shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program
prison, and if the offender is subsequently placed in the
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As Introduced
recommended program or prison, the department shall notify the
court of the placement and shall include with the notice a brief
description of the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in
the recommended program or prison, the department shall send a
notice to the court indicating why the offender was not placed
in the recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature,
the department shall screen the offender and determine if there
is an available program of shock incarceration or an intensive
program prison for which the offender is suited. If there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited, the department shall
notify the court of the proposed placement of the offender as
specified in section 5120.031 or 5120.032 of the Revised Code
and shall include with the notice a brief description of the
placement. The court shall have ten days from receipt of the
notice to disapprove the placement.
(J) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) or
(d) of that section applies, the person shall be sentenced
pursuant to section 2929.142 of the Revised Code.
(K)(1) The court shall impose an additional mandatory
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prison term of two, three, four, five, six, seven, eight, nine,
ten, or eleven years on an offender who is convicted of or
pleads guilty to a violent felony offense if the offender also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1424 of the Revised Code that charges
that the offender is a violent career criminal and had a firearm
on or about the offender's person or under the offender's
control while committing the presently charged violent felony
offense and displayed or brandished the firearm, indicated that
the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the
prison term imposed for the underlying offense. The prison term
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. A court
may not impose more than one sentence under division (B)(2)(a)
of this section and this division for acts committed as part of
the same act or transaction.
(2) As used in division (K)(1) of this section, "violent
career criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.
(L) If an offender receives or received a sentence of life
imprisonment without parole, a sentence of life imprisonment, a
definite sentence, or a sentence to an indefinite prison term
under this chapter for a felony offense that was committed when
the offender was under eighteen years of age, the offender's
parole eligibility shall be determined under section 2967.132 of
the Revised Code.
Sec. 2929.22. (A) Unless a mandatory jail term is required
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to be imposed by division (G) of section 1547.99, division (B)
of section 4510.14, division (G) of section 4511.19 of the
Revised Code, or any other provision of the Revised Code a court
that imposes a sentence under this chapter upon an offender for
a misdemeanor or minor misdemeanor has discretion to determine
the most effective way to achieve the purposes and principles of
sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is
precluded from being imposed by the section setting forth an
offense or the penalty for an offense or by any provision of
sections 2929.23 to 2929.28 of the Revised Code, a court that
imposes a sentence upon an offender for a misdemeanor may impose
on the offender any sanction or combination of sanctions under
sections 2929.24 to 2929.28 of the Revised Code. The court shall
not impose a sentence that imposes an unnecessary burden on
local government resources.
(B)(1) In determining the appropriate sentence for a
misdemeanor, the court shall consider all of the following
factors:
(a) The nature and circumstances of the offense or
offenses;
(b) Whether the circumstances regarding the offender and
the offense or offenses indicate that the offender has a history
of persistent criminal activity and that the offender's
character and condition reveal a substantial risk that the
offender will commit another offense;
(c) Whether the circumstances regarding the offender and
the offense or offenses indicate that the offender's history,
character, and condition reveal a substantial risk that the
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offender will be a danger to others and that the offender's
conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences;
(d) Whether the victim's youth, age, disability, or other
factor made the victim particularly vulnerable to the offense or
made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes
in general, in addition to the circumstances described in
divisions (B)(1)(b) and (c) of this section;
(f) Whether the offender has an emotional, mental, or
physical condition that is traceable to the offender's service
in the armed forces of the United States and that was a
contributing factor in the offender's commission of the offense
or offenses;
(g) Whether the circumstances of the offense indicate that
the offender was motivated to commit the offense by the race,
religion, elected or appointed position, political affiliation,
political association, or biological sex of the victim;
(h) The offender's military service record.
(2) In determining the appropriate sentence for a
misdemeanor, if the offender enters an Alford plea, the
sentencing court shall not consider whether the offender showed
genuine remorse for the offense.
(3) In determining the appropriate sentence for a
misdemeanor, in addition to complying with division (B)(1) of
this section, the court may consider any other factors that are
relevant to achieving the purposes and principles of sentencing
set forth in section 2929.21 of the Revised Code.
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(C) Before imposing a jail term as a sentence for a
misdemeanor, a court shall consider the appropriateness of
imposing a community control sanction or a combination of
community control sanctions under sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code. A court may impose the
longest jail term authorized under section 2929.24 of the
Revised Code only upon offenders who commit the worst forms of
the offense or upon offenders whose conduct and response to
prior sanctions for prior offenses demonstrate that the
imposition of the longest jail term is necessary to deter the
offender from committing a future criminal offense.
(D)(1) A sentencing court shall consider any relevant oral
and written statement made by the victim, the victim's
representative, the victim's attorney, if applicable, the
defendant, the defense attorney, and the prosecuting authority
regarding sentencing for a misdemeanor. This division does not
create any rights to notice other than those rights authorized
by Chapter 2930. of the Revised Code.
(2) At the time of sentencing for a misdemeanor or as soon
as possible after sentencing, the court shall notify the victim
of the offense of the victim's right to file an application for
an award of reparations pursuant to sections 2743.51 to 2743.72
of the Revised Code.
Sec. 2941.1428.
(A) Imposition of a mandatory prison term
upon an offender pursuant to division (B)(12) of section 2929.14
of the Revised Code, pursuant to a determination by a court that
an offense is a felony offense of violence and was politically
motivated, is precluded unless the indictment, count in the
indictment, or information charging the offender specifies that
the offense is a felony offense of violence and was politically
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motivated. The specification shall be stated at the end of the
body of the indictment, count, or information, and shall be
stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the offense is a felony offense of violence and was
politically motivated)."
(B) The court shall determine the issue of whether an
offense was politically motivated.
(C) As used in this section, a felony offense of violence
is politically motivated if a motivation for the offense is the
victim's political affiliation, association, belief, or
ideology, whether or not the offender was mistaken as to that
motivation.
Section 2. That existing sections 2903.01, 2929.01,
2929.12, 2929.14, and 2929.22 of the Revised Code are hereby
repealed.
Section 3. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended
by the acts indicated, are the resulting versions of the
sections in effect prior to the effective date of the sections
as presented in this act:
Section 2929.12 of the Revised Code as amended by both
H.B. 234 and H.B. 531 of the 135th General Assembly.
Section 2929.14 of the Revised Code as amended by H.B. 37,
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H.B. 56, H.B. 111, and S.B. 106, all of the 135th General
Assembly.
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