Bill Text: OH HB648 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To create specifications that impose an additional prison term upon an offender who commits a felony offense against a disabled person or an elderly person and increase the period of commitment to the Department of Youth Services for committing an act that would be a felony offense against a disabled person or an elderly person if committed by an adult, for felony offenses that do not delineate enhanced penalties when a disabled person or an elderly person is the victim of the violation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-10-28 - To Policy and Legislative Oversight [HB648 Detail]

Download: Ohio-2013-HB648-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 648

Representative Patmon 

Cosponsor: Representative Becker 

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A BILL

To amend sections 2152.17 and 2929.14 and to enact

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sections 2941.1424 and 2941.1425 of the Revised

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Code to create specifications that impose an

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additional prison term upon an offender who

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commits a felony offense against a disabled person

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or an elderly person and increase the period of

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commitment to the Department of Youth Services for

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committing an act that would be a felony offense

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against a disabled person or an elderly person if

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committed by an adult, for felony offenses that do

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not delineate enhanced penalties when a disabled

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person or an elderly person is the victim of the

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violation.

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

Section 1. That sections 2152.17 and 2929.14 be amended and	14
sections 2941.1424 and 2941.1425 of the Revised Code be enacted to	15
read as follows:	16

Sec. 2152.17.  (A) Subject to division (D) of this section,	17
if a child is adjudicated a delinquent child for committing an	18
act, other than a violation of section 2923.12 of the Revised	19
Code, that would be a felony if committed by an adult and if the	20
court determines that, if the child was an adult, the child would	21
be guilty of a specification of the type set forth in section	22
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or	23
2941.1415, 2941.1424, or 2941.1425 of the Revised Code, in	24
addition to any commitment or other disposition the court imposes	25
for the underlying delinquent act, all of the following apply:	26

(1) If the court determines that the child would be guilty of	27
a specification of the type set forth in section 2941.141 of the	28
Revised Code, the court may commit the child to the department of	29
youth services for the specification for a definite period of up	30
to one year.	31

(2) If the court determines that the child would be guilty of	32
a specification of the type set forth in section 2941.145 of the	33
Revised Code or if the delinquent act is a violation of division	34
(A)(1) or (2) of section 2903.06 of the Revised Code and the court	35
determines that the child would be guilty of a specification of	36
the type set forth in section 2941.1415 of the Revised Code, the	37
court shall commit the child to the department of youth services	38
for the specification for a definite period of not less than one	39
and not more than three years, and the court also shall commit the	40
child to the department for the underlying delinquent act under	41
sections 2152.11 to 2152.16 of the Revised Code.	42

(3) If the court determines that the child would be guilty of	43
a specification of the type set forth in section 2941.144,	44
2941.146, or 2941.1412 of the Revised Code or if the delinquent	45
act is a violation of division (A)(1) or (2) of section 2903.06 of	46
the Revised Code and the court determines that the child would be	47
guilty of a specification of the type set forth in section	48
2941.1414 of the Revised Code, the court shall commit the child to	49
the department of youth services for the specification for a	50
definite period of not less than one and not more than five years,	51
and the court also shall commit the child to the department for	52
the underlying delinquent act under sections 2152.11 to 2152.16 of	53
the Revised Code.	54

(4) If the court determines that the child would be guilty of	55
a specification of the type set forth in section 2941.1424 or	56
2941.1425 of the Revised Code, the court shall commit the child to	57
the department of youth services for the specification for a	58
definite period of two years.	59

(B)(1) If a child is adjudicated a delinquent child for	60
committing an act, other than a violation of section 2923.12 of	61
the Revised Code, that would be a felony if committed by an adult,	62
if the court determines that the child is complicit in another	63
person's conduct that is of such a nature that the other person	64
would be guilty of a specification of the type set forth in	65
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised	66
Code if the other person was an adult, if the other person's	67
conduct relates to the child's underlying delinquent act, and if	68
the child did not furnish, use, or dispose of any firearm that was	69
involved with the underlying delinquent act or with the other	70
person's specification-related conduct, in addition to any other	71
disposition the court imposes for the underlying delinquent act,	72
the court may commit the child to the department of youth services	73
for the specification for a definite period of not more than one	74
year, subject to division (D)(2) of this section.	75

(2) Except as provided in division (B)(1) of this section,	76
division (A) of this section also applies to a child who is an	77
accomplice regarding a firearm specification of the type set forth	78
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code	79
to the same extent the firearm specifications would apply to an	80
adult accomplice in a criminal proceeding.	81

(C) If a child is adjudicated a delinquent child for	82
committing an act that would be aggravated murder, murder, or a	83
first, second, or third degree felony offense of violence if	84
committed by an adult and if the court determines that, if the	85
child was an adult, the child would be guilty of a specification	86
of the type set forth in section 2941.142 of the Revised Code in	87
relation to the act for which the child was adjudicated a	88
delinquent child, the court shall commit the child for the	89
specification to the legal custody of the department of youth	90
services for institutionalization in a secure facility for a	91
definite period of not less than one and not more than three	92
years, subject to division (D)(2) of this section, and the court	93
also shall commit the child to the department for the underlying	94
delinquent act.	95

(D)(1) If the child is adjudicated a delinquent child for	96
committing an act that would be an offense of violence that is a	97
felony if committed by an adult and is committed to the legal	98
custody of the department of youth services pursuant to division	99
(A)(1) of section 2152.16 of the Revised Code and if the court	100
determines that the child, if the child was an adult, would be	101
guilty of a specification of the type set forth in section	102
2941.1411 of the Revised Code in relation to the act for which the	103
child was adjudicated a delinquent child, the court may commit the	104
child to the custody of the department of youth services for	105
institutionalization in a secure facility for up to two years,	106
subject to division (D)(2) of this section.	107

(2) A court that imposes a period of commitment under	108
division (A) of this section is not precluded from imposing an	109
additional period of commitment under division (C) or (D)(1) of	110
this section, a court that imposes a period of commitment under	111
division (C) of this section is not precluded from imposing an	112
additional period of commitment under division (A) or (D)(1) of	113
this section, and a court that imposes a period of commitment	114
under division (D)(1) of this section is not precluded from	115
imposing an additional period of commitment under division (A) or	116
(C) of this section.	117

(E) The court shall not commit a child to the legal custody	118
of the department of youth services for a specification pursuant	119
to this section for a period that exceeds five years for any one	120
delinquent act. Any commitment imposed pursuant to division (A),	121
(B), (C), or (D)(1) of this section shall be in addition to, and	122
shall be served consecutively with and prior to, a period of	123
commitment ordered under this chapter for the underlying	124
delinquent act, and each commitment imposed pursuant to division	125
(A), (B), (C), or (D)(1) of this section shall be in addition to,	126
and shall be served consecutively with, any other period of	127
commitment imposed under those divisions. If a commitment is	128
imposed under division (A) or (B) of this section and a commitment	129
also is imposed under division (C) of this section, the period	130
imposed under division (A) or (B) of this section shall be served	131
prior to the period imposed under division (C) of this section.	132

In each case in which a court makes a disposition under this	133
section, the court retains control over the commitment for the	134
entire period of the commitment.	135

The total of all the periods of commitment imposed for any	136
specification under this section and for the underlying offense	137
shall not exceed the child's attainment of twenty-one years of	138
age.	139

(F) If a child is adjudicated a delinquent child for	140
committing two or more acts that would be felonies if committed by	141
an adult and if the court entering the delinquent child	142
adjudication orders the commitment of the child for two or more of	143
those acts to the legal custody of the department of youth	144
services for institutionalization in a secure facility pursuant to	145
section 2152.13 or 2152.16 of the Revised Code, the court may	146
order that all of the periods of commitment imposed under those	147
sections for those acts be served consecutively in the legal	148
custody of the department of youth services, provided that those	149
periods of commitment shall be in addition to and commence	150
immediately following the expiration of a period of commitment	151
that the court imposes pursuant to division (A), (B), (C), or	152
(D)(1) of this section. A court shall not commit a delinquent	153
child to the legal custody of the department of youth services	154
under this division for a period that exceeds the child's	155
attainment of twenty-one years of age.	156

Sec. 2929.14.  (A) Except as provided in division (B)(1),	157
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),	158
(B)(10), (E), (G), (H), or (J) of this section or in division	159
(D)(6) of section 2919.25 of the Revised Code and except in	160
relation to an offense for which a sentence of death or life	161
imprisonment is to be imposed, if the court imposing a sentence	162
upon an offender for a felony elects or is required to impose a	163
prison term on the offender pursuant to this chapter, the court	164
shall impose a definite prison term that shall be one of the	165
following:	166

(1) For a felony of the first degree, the prison term shall	167
be three, four, five, six, seven, eight, nine, ten, or eleven	168
years.	169

(2) For a felony of the second degree, the prison term shall	170
be two, three, four, five, six, seven, or eight years.	171

(3)(a) For a felony of the third degree that is a violation	172
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	173
Revised Code or that is a violation of section 2911.02 or 2911.12	174
of the Revised Code if the offender previously has been convicted	175
of or pleaded guilty in two or more separate proceedings to two or	176
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	177
of the Revised Code, the prison term shall be twelve, eighteen,	178
twenty-four, thirty, thirty-six, forty-two, forty-eight,	179
fifty-four, or sixty months.	180

(b) For a felony of the third degree that is not an offense	181
for which division (A)(3)(a) of this section applies, the prison	182
term shall be nine, twelve, eighteen, twenty-four, thirty, or	183
thirty-six months.	184

(4) For a felony of the fourth degree, the prison term shall	185
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	186
fourteen, fifteen, sixteen, seventeen, or eighteen months.	187

(5) For a felony of the fifth degree, the prison term shall	188
be six, seven, eight, nine, ten, eleven, or twelve months.	189

(B)(1)(a) Except as provided in division (B)(1)(e) of this	190
section, if an offender who is convicted of or pleads guilty to a	191
felony also is convicted of or pleads guilty to a specification of	192
the type described in section 2941.141, 2941.144, or 2941.145 of	193
the Revised Code, the court shall impose on the offender one of	194
the following prison terms:	195

(i) A prison term of six years if the specification is of the	196
type described in section 2941.144 of the Revised Code that	197
charges the offender with having a firearm that is an automatic	198
firearm or that was equipped with a firearm muffler or silencer on	199
or about the offender's person or under the offender's control	200
while committing the felony;	201

(ii) A prison term of three years if the specification is of	202
the type described in section 2941.145 of the Revised Code that	203
charges the offender with having a firearm on or about the	204
offender's person or under the offender's control while committing	205
the offense and displaying the firearm, brandishing the firearm,	206
indicating that the offender possessed the firearm, or using it to	207
facilitate the offense;	208

(iii) A prison term of one year if the specification is of	209
the type described in section 2941.141 of the Revised Code that	210
charges the offender with having a firearm on or about the	211
offender's person or under the offender's control while committing	212
the felony.	213

(b) If a court imposes a prison term on an offender under	214
division (B)(1)(a) of this section, the prison term shall not be	215
reduced pursuant to section 2967.19, section 2929.20, section	216
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	217
of the Revised Code. Except as provided in division (B)(1)(g) of	218
this section, a court shall not impose more than one prison term	219
on an offender under division (B)(1)(a) of this section for	220
felonies committed as part of the same act or transaction.	221

(c) Except as provided in division (B)(1)(e) of this section,	222
if an offender who is convicted of or pleads guilty to a violation	223
of section 2923.161 of the Revised Code or to a felony that	224
includes, as an essential element, purposely or knowingly causing	225
or attempting to cause the death of or physical harm to another,	226
also is convicted of or pleads guilty to a specification of the	227
type described in section 2941.146 of the Revised Code that	228
charges the offender with committing the offense by discharging a	229
firearm from a motor vehicle other than a manufactured home, the	230
court, after imposing a prison term on the offender for the	231
violation of section 2923.161 of the Revised Code or for the other	232
felony offense under division (A), (B)(2), or (B)(3) of this	233
section, shall impose an additional prison term of five years upon	234
the offender that shall not be reduced pursuant to section	235
2929.20, section 2967.19, section 2967.193, or any other provision	236
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	237
shall not impose more than one additional prison term on an	238
offender under division (B)(1)(c) of this section for felonies	239
committed as part of the same act or transaction. If a court	240
imposes an additional prison term on an offender under division	241
(B)(1)(c) of this section relative to an offense, the court also	242
shall impose a prison term under division (B)(1)(a) of this	243
section relative to the same offense, provided the criteria	244
specified in that division for imposing an additional prison term	245
are satisfied relative to the offender and the offense.	246

(d) If an offender who is convicted of or pleads guilty to an	247
offense of violence that is a felony also is convicted of or	248
pleads guilty to a specification of the type described in section	249
2941.1411 of the Revised Code that charges the offender with	250
wearing or carrying body armor while committing the felony offense	251
of violence, the court shall impose on the offender a prison term	252
of two years. The prison term so imposed, subject to divisions (C)	253
to (I) of section 2967.19 of the Revised Code, shall not be	254
reduced pursuant to section 2929.20, section 2967.19, section	255
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	256
of the Revised Code. A court shall not impose more than one prison	257
term on an offender under division (B)(1)(d) of this section for	258
felonies committed as part of the same act or transaction. If a	259
court imposes an additional prison term under division (B)(1)(a)	260
or (c) of this section, the court is not precluded from imposing	261
an additional prison term under division (B)(1)(d) of this	262
section.	263

(e) The court shall not impose any of the prison terms	264
described in division (B)(1)(a) of this section or any of the	265
additional prison terms described in division (B)(1)(c) of this	266
section upon an offender for a violation of section 2923.12 or	267
2923.123 of the Revised Code. The court shall not impose any of	268
the prison terms described in division (B)(1)(a) or (b) of this	269
section upon an offender for a violation of section 2923.122 that	270
involves a deadly weapon that is a firearm other than a dangerous	271
ordnance, section 2923.16, or section 2923.121 of the Revised	272
Code. The court shall not impose any of the prison terms described	273
in division (B)(1)(a) of this section or any of the additional	274
prison terms described in division (B)(1)(c) of this section upon	275
an offender for a violation of section 2923.13 of the Revised Code	276
unless all of the following apply:	277

(i) The offender previously has been convicted of aggravated	278
murder, murder, or any felony of the first or second degree.	279

(ii) Less than five years have passed since the offender was	280
released from prison or post-release control, whichever is later,	281
for the prior offense.	282

(f) If an offender is convicted of or pleads guilty to a	283
felony that includes, as an essential element, causing or	284
attempting to cause the death of or physical harm to another and	285
also is convicted of or pleads guilty to a specification of the	286
type described in section 2941.1412 of the Revised Code that	287
charges the offender with committing the offense by discharging a	288
firearm at a peace officer as defined in section 2935.01 of the	289
Revised Code or a corrections officer, as defined in section	290
2941.1412 of the Revised Code, the court, after imposing a prison	291
term on the offender for the felony offense under division (A),	292
(B)(2), or (B)(3) of this section, shall impose an additional	293
prison term of seven years upon the offender that shall not be	294
reduced pursuant to section 2929.20, section 2967.19, section	295
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	296
of the Revised Code. If an offender is convicted of or pleads	297
guilty to two or more felonies that include, as an essential	298
element, causing or attempting to cause the death or physical harm	299
to another and also is convicted of or pleads guilty to a	300
specification of the type described under division (B)(1)(f) of	301
this section in connection with two or more of the felonies of	302
which the offender is convicted or to which the offender pleads	303
guilty, the sentencing court shall impose on the offender the	304
prison term specified under division (B)(1)(f) of this section for	305
each of two of the specifications of which the offender is	306
convicted or to which the offender pleads guilty and, in its	307
discretion, also may impose on the offender the prison term	308
specified under that division for any or all of the remaining	309
specifications. If a court imposes an additional prison term on an	310
offender under division (B)(1)(f) of this section relative to an	311
offense, the court shall not impose a prison term under division	312
(B)(1)(a) or (c) of this section relative to the same offense.	313

(g) If an offender is convicted of or pleads guilty to two or	314
more felonies, if one or more of those felonies are aggravated	315
murder, murder, attempted aggravated murder, attempted murder,	316
aggravated robbery, felonious assault, or rape, and if the	317
offender is convicted of or pleads guilty to a specification of	318
the type described under division (B)(1)(a) of this section in	319
connection with two or more of the felonies, the sentencing court	320
shall impose on the offender the prison term specified under	321
division (B)(1)(a) of this section for each of the two most	322
serious specifications of which the offender is convicted or to	323
which the offender pleads guilty and, in its discretion, also may	324
impose on the offender the prison term specified under that	325
division for any or all of the remaining specifications.	326

(2)(a) If division (B)(2)(b) of this section does not apply,	327
the court may impose on an offender, in addition to the longest	328
prison term authorized or required for the offense, an additional	329
definite prison term of one, two, three, four, five, six, seven,	330
eight, nine, or ten years if all of the following criteria are	331
met:	332

(i) The offender is convicted of or pleads guilty to a	333
specification of the type described in section 2941.149 of the	334
Revised Code that the offender is a repeat violent offender.	335

(ii) The offense of which the offender currently is convicted	336
or to which the offender currently pleads guilty is aggravated	337
murder and the court does not impose a sentence of death or life	338
imprisonment without parole, murder, terrorism and the court does	339
not impose a sentence of life imprisonment without parole, any	340
felony of the first degree that is an offense of violence and the	341
court does not impose a sentence of life imprisonment without	342
parole, or any felony of the second degree that is an offense of	343
violence and the trier of fact finds that the offense involved an	344
attempt to cause or a threat to cause serious physical harm to a	345
person or resulted in serious physical harm to a person.	346

(iii) The court imposes the longest prison term for the	347
offense that is not life imprisonment without parole.	348

(iv) The court finds that the prison terms imposed pursuant	349
to division (B)(2)(a)(iii) of this section and, if applicable,	350
division (B)(1) or (3) of this section are inadequate to punish	351
the offender and protect the public from future crime, because the	352
applicable factors under section 2929.12 of the Revised Code	353
indicating a greater likelihood of recidivism outweigh the	354
applicable factors under that section indicating a lesser	355
likelihood of recidivism.	356

(v) The court finds that the prison terms imposed pursuant to	357
division (B)(2)(a)(iii) of this section and, if applicable,	358
division (B)(1) or (3) of this section are demeaning to the	359
seriousness of the offense, because one or more of the factors	360
under section 2929.12 of the Revised Code indicating that the	361
offender's conduct is more serious than conduct normally	362
constituting the offense are present, and they outweigh the	363
applicable factors under that section indicating that the	364
offender's conduct is less serious than conduct normally	365
constituting the offense.	366

(b) The court shall impose on an offender the longest prison	367
term authorized or required for the offense and shall impose on	368
the offender an additional definite prison term of one, two,	369
three, four, five, six, seven, eight, nine, or ten years if all of	370
the following criteria are met:	371

(i) The offender is convicted of or pleads guilty to a	372
specification of the type described in section 2941.149 of the	373
Revised Code that the offender is a repeat violent offender.	374

(ii) The offender within the preceding twenty years has been	375
convicted of or pleaded guilty to three or more offenses described	376
in division (CC)(1) of section 2929.01 of the Revised Code,	377
including all offenses described in that division of which the	378
offender is convicted or to which the offender pleads guilty in	379
the current prosecution and all offenses described in that	380
division of which the offender previously has been convicted or to	381
which the offender previously pleaded guilty, whether prosecuted	382
together or separately.	383

(iii) The offense or offenses of which the offender currently	384
is convicted or to which the offender currently pleads guilty is	385
aggravated murder and the court does not impose a sentence of	386
death or life imprisonment without parole, murder, terrorism and	387
the court does not impose a sentence of life imprisonment without	388
parole, any felony of the first degree that is an offense of	389
violence and the court does not impose a sentence of life	390
imprisonment without parole, or any felony of the second degree	391
that is an offense of violence and the trier of fact finds that	392
the offense involved an attempt to cause or a threat to cause	393
serious physical harm to a person or resulted in serious physical	394
harm to a person.	395

(c) For purposes of division (B)(2)(b) of this section, two	396
or more offenses committed at the same time or as part of the same	397
act or event shall be considered one offense, and that one offense	398
shall be the offense with the greatest penalty.	399

(d) A sentence imposed under division (B)(2)(a) or (b) of	400
this section shall not be reduced pursuant to section 2929.20,	401
section 2967.19, or section 2967.193, or any other provision of	402
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	403
shall serve an additional prison term imposed under this section	404
consecutively to and prior to the prison term imposed for the	405
underlying offense.	406

(e) When imposing a sentence pursuant to division (B)(2)(a)	407
or (b) of this section, the court shall state its findings	408
explaining the imposed sentence.	409

(3) Except when an offender commits a violation of section	410
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	411
the violation is life imprisonment or commits a violation of	412
section 2903.02 of the Revised Code, if the offender commits a	413
violation of section 2925.03 or 2925.11 of the Revised Code and	414
that section classifies the offender as a major drug offender, if	415
the offender commits a felony violation of section 2925.02,	416
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	417
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	418
division (C) of section 4729.51, or division (J) of section	419
4729.54 of the Revised Code that includes the sale, offer to sell,	420
or possession of a schedule I or II controlled substance, with the	421
exception of marihuana, and the court imposing sentence upon the	422
offender finds that the offender is guilty of a specification of	423
the type described in section 2941.1410 of the Revised Code	424
charging that the offender is a major drug offender, if the court	425
imposing sentence upon an offender for a felony finds that the	426
offender is guilty of corrupt activity with the most serious	427
offense in the pattern of corrupt activity being a felony of the	428
first degree, or if the offender is guilty of an attempted	429
violation of section 2907.02 of the Revised Code and, had the	430
offender completed the violation of section 2907.02 of the Revised	431
Code that was attempted, the offender would have been subject to a	432
sentence of life imprisonment or life imprisonment without parole	433
for the violation of section 2907.02 of the Revised Code, the	434
court shall impose upon the offender for the felony violation a	435
mandatory prison term of the maximum prison term prescribed for a	436
felony of the first degree that, subject to divisions (C) to (I)	437
of section 2967.19 of the Revised Code, cannot be reduced pursuant	438
to section 2929.20, section 2967.19, or any other provision of	439
Chapter 2967. or 5120. of the Revised Code.	440

(4) If the offender is being sentenced for a third or fourth	441
degree felony OVI offense under division (G)(2) of section 2929.13	442
of the Revised Code, the sentencing court shall impose upon the	443
offender a mandatory prison term in accordance with that division.	444
In addition to the mandatory prison term, if the offender is being	445
sentenced for a fourth degree felony OVI offense, the court,	446
notwithstanding division (A)(4) of this section, may sentence the	447
offender to a definite prison term of not less than six months and	448
not more than thirty months, and if the offender is being	449
sentenced for a third degree felony OVI offense, the sentencing	450
court may sentence the offender to an additional prison term of	451
any duration specified in division (A)(3) of this section. In	452
either case, the additional prison term imposed shall be reduced	453
by the sixty or one hundred twenty days imposed upon the offender	454
as the mandatory prison term. The total of the additional prison	455
term imposed under division (B)(4) of this section plus the sixty	456
or one hundred twenty days imposed as the mandatory prison term	457
shall equal a definite term in the range of six months to thirty	458
months for a fourth degree felony OVI offense and shall equal one	459
of the authorized prison terms specified in division (A)(3) of	460
this section for a third degree felony OVI offense. If the court	461
imposes an additional prison term under division (B)(4) of this	462
section, the offender shall serve the additional prison term after	463
the offender has served the mandatory prison term required for the	464
offense. In addition to the mandatory prison term or mandatory and	465
additional prison term imposed as described in division (B)(4) of	466
this section, the court also may sentence the offender to a	467
community control sanction under section 2929.16 or 2929.17 of the	468
Revised Code, but the offender shall serve all of the prison terms	469
so imposed prior to serving the community control sanction.	470

If the offender is being sentenced for a fourth degree felony	471
OVI offense under division (G)(1) of section 2929.13 of the	472
Revised Code and the court imposes a mandatory term of local	473
incarceration, the court may impose a prison term as described in	474
division (A)(1) of that section.	475

(5) If an offender is convicted of or pleads guilty to a	476
violation of division (A)(1) or (2) of section 2903.06 of the	477
Revised Code and also is convicted of or pleads guilty to a	478
specification of the type described in section 2941.1414 of the	479
Revised Code that charges that the victim of the offense is a	480
peace officer, as defined in section 2935.01 of the Revised Code,	481
or an investigator of the bureau of criminal identification and	482
investigation, as defined in section 2903.11 of the Revised Code,	483
the court shall impose on the offender a prison term of five	484
years. If a court imposes a prison term on an offender under	485
division (B)(5) of this section, the prison term, subject to	486
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	487
not be reduced pursuant to section 2929.20, section 2967.19,	488
section 2967.193, or any other provision of Chapter 2967. or	489
Chapter 5120. of the Revised Code. A court shall not impose more	490
than one prison term on an offender under division (B)(5) of this	491
section for felonies committed as part of the same act.	492

(6) If an offender is convicted of or pleads guilty to a	493
violation of division (A)(1) or (2) of section 2903.06 of the	494
Revised Code and also is convicted of or pleads guilty to a	495
specification of the type described in section 2941.1415 of the	496
Revised Code that charges that the offender previously has been	497
convicted of or pleaded guilty to three or more violations of	498
division (A) or (B) of section 4511.19 of the Revised Code or an	499
equivalent offense, as defined in section 2941.1415 of the Revised	500
Code, or three or more violations of any combination of those	501
divisions and offenses, the court shall impose on the offender a	502
prison term of three years. If a court imposes a prison term on an	503
offender under division (B)(6) of this section, the prison term,	504
subject to divisions (C) to (I) of section 2967.19 of the Revised	505
Code, shall not be reduced pursuant to section 2929.20, section	506
2967.19, section 2967.193, or any other provision of Chapter 2967.	507
or Chapter 5120. of the Revised Code. A court shall not impose	508
more than one prison term on an offender under division (B)(6) of	509
this section for felonies committed as part of the same act.	510

(7)(a) If an offender is convicted of or pleads guilty to a	511
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	512
2923.32, division (A)(1) or (2) of section 2907.323, or division	513
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	514
Code and also is convicted of or pleads guilty to a specification	515
of the type described in section 2941.1422 of the Revised Code	516
that charges that the offender knowingly committed the offense in	517
furtherance of human trafficking, the court shall impose on the	518
offender a mandatory prison term that is one of the following:	519

(i) If the offense is a felony of the first degree, a	520
definite prison term of not less than five years and not greater	521
than ten years;	522

(ii) If the offense is a felony of the second or third	523
degree, a definite prison term of not less than three years and	524
not greater than the maximum prison term allowed for the offense	525
by division (A) of section 2929.14 of the Revised Code;	526

(iii) If the offense is a felony of the fourth or fifth	527
degree, a definite prison term that is the maximum prison term	528
allowed for the offense by division (A) of section 2929.14 of the	529
Revised Code.	530

(b) Subject to divisions (C) to (I) of section 2967.19 of the	531
Revised Code, the prison term imposed under division (B)(7)(a) of	532
this section shall not be reduced pursuant to section 2929.20,	533
section 2967.19, section 2967.193, or any other provision of	534
Chapter 2967. of the Revised Code. A court shall not impose more	535
than one prison term on an offender under division (B)(7)(a) of	536
this section for felonies committed as part of the same act,	537
scheme, or plan.	538

(8) If an offender is convicted of or pleads guilty to a	539
felony violation of section 2903.11, 2903.12, or 2903.13 of the	540
Revised Code and also is convicted of or pleads guilty to a	541
specification of the type described in section 2941.1423 of the	542
Revised Code that charges that the victim of the violation was a	543
woman whom the offender knew was pregnant at the time of the	544
violation, notwithstanding the range of prison terms prescribed in	545
division (A) of this section for felonies of the same degree as	546
the violation, the court shall impose on the offender a mandatory	547
prison term that is either a definite prison term of six months or	548
one of the prison terms prescribed in section 2929.14 of the	549
Revised Code for felonies of the same degree as the violation.	550

(9)(a) Except as provided in division (B)(9)(b) of this	551
section, if an offender who is convicted of or pleads guilty to a	552
felony also is convicted of or pleads guilty to a specification of	553
the type described in section 2941.1424 of the Revised Code that	554
charges the victim of the offense is a disabled person, the court	555
shall impose upon the offender a mandatory prison term of two	556
years. If a court imposes a prison term on an offender under	557
division (B)(9) of this section, the prison term shall not be	558
reduced pursuant to any provision of Chapter 2967. or Chapter	559
5120. of the Revised Code. A court shall not impose more than one	560
prison term on an offender under division (B)(9) of this section	561
for felonies committed as part of the same act.	562

(b) The court shall not impose the prison term described in	563
division (B)(9)(a) of this section upon an offender if the	564
offender is convicted of or pleads guilty to a violation of	565
section 2913.02, 2913.03, 2913.21, 2913.43, 2913.49, division	566
(A)(1) of section 1716.14, division (A)(3)(b) of section 2907.24,	567
division (A) or (B) of section 2913.04, division (A) of section	568
2913.31, or a violation of section 2903.13 of the Revised Code	569
that is committed by a caretaker against a functionally impaired	570
person under the caretaker's care.	571

(10)(a) Except as provided in division (B)(10)(b) of this	572
section, if an offender who is convicted of or pleads guilty to a	573
felony also is convicted of or pleads guilty to a specification of	574
the type described in section 2941.1425 of the Revised Code that	575
charges the victim of the offense is an elderly person, the court	576
shall impose upon the offender a mandatory prison term of two	577
years. If a court imposes a prison term on an offender under	578
division (B)(10) of this section, the prison term shall not be	579
reduced pursuant to any provision of Chapter 2967. or Chapter	580
5120. of the Revised Code. A court shall not impose more than one	581
prison term on an offender under division (B)(10) of this section	582
for felonies committed as part of the same act.	583

(b) The court shall not impose the prison term described in	584
division (B)(10)(a) of this section upon an offender if the	585
offender is convicted of or pleads guilty to a violation of	586
section 2913.02, 2913.03, 2913.21, 2913.43, 2913.49, division	587
(A)(1) of section 1716.14, division (A) or (B) of section 2913.04,	588
division (A) of section 2913.31, or a violation of section 2903.13	589
of the Revised Code that is committed by a caretaker against a	590
functionally impaired person under the caretaker's care.	591

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	592
mandatory prison term is imposed upon an offender pursuant to	593
division (B)(1)(a) of this section for having a firearm on or	594
about the offender's person or under the offender's control while	595
committing a felony, if a mandatory prison term is imposed upon an	596
offender pursuant to division (B)(1)(c) of this section for	597
committing a felony specified in that division by discharging a	598
firearm from a motor vehicle, or if both types of mandatory prison	599
terms are imposed, the offender shall serve any mandatory prison	600
term imposed under either division consecutively to any other	601
mandatory prison term imposed under either division or under	602
division (B)(1)(d) of this section, consecutively to and prior to	603
any prison term imposed for the underlying felony pursuant to	604
division (A), (B)(2), or (B)(3) of this section or any other	605
section of the Revised Code, and consecutively to any other prison	606
term or mandatory prison term previously or subsequently imposed	607
upon the offender.	608

(b) If a mandatory prison term is imposed upon an offender	609
pursuant to division (B)(1)(d) of this section for wearing or	610
carrying body armor while committing an offense of violence that	611
is a felony, the offender shall serve the mandatory term so	612
imposed consecutively to any other mandatory prison term imposed	613
under that division or under division (B)(1)(a) or (c) of this	614
section, consecutively to and prior to any prison term imposed for	615
the underlying felony under division (A), (B)(2), or (B)(3) of	616
this section or any other section of the Revised Code, and	617
consecutively to any other prison term or mandatory prison term	618
previously or subsequently imposed upon the offender.	619

(c) If a mandatory prison term is imposed upon an offender	620
pursuant to division (B)(1)(f) of this section, the offender shall	621
serve the mandatory prison term so imposed consecutively to and	622
prior to any prison term imposed for the underlying felony under	623
division (A), (B)(2), or (B)(3) of this section or any other	624
section of the Revised Code, and consecutively to any other prison	625
term or mandatory prison term previously or subsequently imposed	626
upon the offender.	627

(d) If a mandatory prison term is imposed upon an offender	628
pursuant to division (B)(7) or, (8), (9), or (10) of this section,	629
the offender shall serve the mandatory prison term so imposed	630
consecutively to any other mandatory prison term imposed under	631
that division or under any other provision of law and	632
consecutively to any other prison term or mandatory prison term	633
previously or subsequently imposed upon the offender.	634

(2) If an offender who is an inmate in a jail, prison, or	635
other residential detention facility violates section 2917.02,	636
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	637
of section 2921.34 of the Revised Code, if an offender who is	638
under detention at a detention facility commits a felony violation	639
of section 2923.131 of the Revised Code, or if an offender who is	640
an inmate in a jail, prison, or other residential detention	641
facility or is under detention at a detention facility commits	642
another felony while the offender is an escapee in violation of	643
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	644
prison term imposed upon the offender for one of those violations	645
shall be served by the offender consecutively to the prison term	646
or term of imprisonment the offender was serving when the offender	647
committed that offense and to any other prison term previously or	648
subsequently imposed upon the offender.	649

(3) If a prison term is imposed for a violation of division	650
(B) of section 2911.01 of the Revised Code, a violation of	651
division (A) of section 2913.02 of the Revised Code in which the	652
stolen property is a firearm or dangerous ordnance, or a felony	653
violation of division (B) of section 2921.331 of the Revised Code,	654
the offender shall serve that prison term consecutively to any	655
other prison term or mandatory prison term previously or	656
subsequently imposed upon the offender.	657

(4) If multiple prison terms are imposed on an offender for	658
convictions of multiple offenses, the court may require the	659
offender to serve the prison terms consecutively if the court	660
finds that the consecutive service is necessary to protect the	661
public from future crime or to punish the offender and that	662
consecutive sentences are not disproportionate to the seriousness	663
of the offender's conduct and to the danger the offender poses to	664
the public, and if the court also finds any of the following:	665

(a) The offender committed one or more of the multiple	666
offenses while the offender was awaiting trial or sentencing, was	667
under a sanction imposed pursuant to section 2929.16, 2929.17, or	668
2929.18 of the Revised Code, or was under post-release control for	669
a prior offense.	670

(b) At least two of the multiple offenses were committed as	671
part of one or more courses of conduct, and the harm caused by two	672
or more of the multiple offenses so committed was so great or	673
unusual that no single prison term for any of the offenses	674
committed as part of any of the courses of conduct adequately	675
reflects the seriousness of the offender's conduct.	676

(c) The offender's history of criminal conduct demonstrates	677
that consecutive sentences are necessary to protect the public	678
from future crime by the offender.	679

(5) If a mandatory prison term is imposed upon an offender	680
pursuant to division (B)(5) or (6) of this section, the offender	681
shall serve the mandatory prison term consecutively to and prior	682
to any prison term imposed for the underlying violation of	683
division (A)(1) or (2) of section 2903.06 of the Revised Code	684
pursuant to division (A) of this section or section 2929.142 of	685
the Revised Code. If a mandatory prison term is imposed upon an	686
offender pursuant to division (B)(5) of this section, and if a	687
mandatory prison term also is imposed upon the offender pursuant	688
to division (B)(6) of this section in relation to the same	689
violation, the offender shall serve the mandatory prison term	690
imposed pursuant to division (B)(5) of this section consecutively	691
to and prior to the mandatory prison term imposed pursuant to	692
division (B)(6) of this section and consecutively to and prior to	693
any prison term imposed for the underlying violation of division	694
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	695
division (A) of this section or section 2929.142 of the Revised	696
Code.	697

(6) When consecutive prison terms are imposed pursuant to	698
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	699
of this section, the term to be served is the aggregate of all of	700
the terms so imposed.	701

(D)(1) If a court imposes a prison term for a felony of the	702
first degree, for a felony of the second degree, for a felony sex	703
offense, or for a felony of the third degree that is not a felony	704
sex offense and in the commission of which the offender caused or	705
threatened to cause physical harm to a person, it shall include in	706
the sentence a requirement that the offender be subject to a	707
period of post-release control after the offender's release from	708
imprisonment, in accordance with that division. If a court imposes	709
a sentence including a prison term of a type described in this	710
division on or after July 11, 2006, the failure of a court to	711
include a post-release control requirement in the sentence	712
pursuant to this division does not negate, limit, or otherwise	713
affect the mandatory period of post-release control that is	714
required for the offender under division (B) of section 2967.28 of	715
the Revised Code. Section 2929.191 of the Revised Code applies if,	716
prior to July 11, 2006, a court imposed a sentence including a	717
prison term of a type described in this division and failed to	718
include in the sentence pursuant to this division a statement	719
regarding post-release control.	720

(2) If a court imposes a prison term for a felony of the	721
third, fourth, or fifth degree that is not subject to division	722
(D)(1) of this section, it shall include in the sentence a	723
requirement that the offender be subject to a period of	724
post-release control after the offender's release from	725
imprisonment, in accordance with that division, if the parole	726
board determines that a period of post-release control is	727
necessary. Section 2929.191 of the Revised Code applies if, prior	728
to July 11, 2006, a court imposed a sentence including a prison	729
term of a type described in this division and failed to include in	730
the sentence pursuant to this division a statement regarding	731
post-release control.	732

(E) The court shall impose sentence upon the offender in	733
accordance with section 2971.03 of the Revised Code, and Chapter	734
2971. of the Revised Code applies regarding the prison term or	735
term of life imprisonment without parole imposed upon the offender	736
and the service of that term of imprisonment if any of the	737
following apply:	738

(1) A person is convicted of or pleads guilty to a violent	739
sex offense or a designated homicide, assault, or kidnapping	740
offense, and, in relation to that offense, the offender is	741
adjudicated a sexually violent predator.	742

(2) A person is convicted of or pleads guilty to a violation	743
of division (A)(1)(b) of section 2907.02 of the Revised Code	744
committed on or after January 2, 2007, and either the court does	745
not impose a sentence of life without parole when authorized	746
pursuant to division (B) of section 2907.02 of the Revised Code,	747
or division (B) of section 2907.02 of the Revised Code provides	748
that the court shall not sentence the offender pursuant to section	749
2971.03 of the Revised Code.	750

(3) A person is convicted of or pleads guilty to attempted	751
rape committed on or after January 2, 2007, and a specification of	752
the type described in section 2941.1418, 2941.1419, or 2941.1420	753
of the Revised Code.	754

(4) A person is convicted of or pleads guilty to a violation	755
of section 2905.01 of the Revised Code committed on or after	756
January 1, 2008, and that section requires the court to sentence	757
the offender pursuant to section 2971.03 of the Revised Code.	758

(5) A person is convicted of or pleads guilty to aggravated	759
murder committed on or after January 1, 2008, and division	760
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	761
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	762
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	763
2929.06 of the Revised Code requires the court to sentence the	764
offender pursuant to division (B)(3) of section 2971.03 of the	765
Revised Code.	766

(6) A person is convicted of or pleads guilty to murder	767
committed on or after January 1, 2008, and division (B)(2) of	768
section 2929.02 of the Revised Code requires the court to sentence	769
the offender pursuant to section 2971.03 of the Revised Code.	770

(F) If a person who has been convicted of or pleaded guilty	771
to a felony is sentenced to a prison term or term of imprisonment	772
under this section, sections 2929.02 to 2929.06 of the Revised	773
Code, section 2929.142 of the Revised Code, section 2971.03 of the	774
Revised Code, or any other provision of law, section 5120.163 of	775
the Revised Code applies regarding the person while the person is	776
confined in a state correctional institution.	777

(G) If an offender who is convicted of or pleads guilty to a	778
felony that is an offense of violence also is convicted of or	779
pleads guilty to a specification of the type described in section	780
2941.142 of the Revised Code that charges the offender with having	781
committed the felony while participating in a criminal gang, the	782
court shall impose upon the offender an additional prison term of	783
one, two, or three years.	784

(H)(1) If an offender who is convicted of or pleads guilty to	785
aggravated murder, murder, or a felony of the first, second, or	786
third degree that is an offense of violence also is convicted of	787
or pleads guilty to a specification of the type described in	788
section 2941.143 of the Revised Code that charges the offender	789
with having committed the offense in a school safety zone or	790
towards a person in a school safety zone, the court shall impose	791
upon the offender an additional prison term of two years. The	792
offender shall serve the additional two years consecutively to and	793
prior to the prison term imposed for the underlying offense.	794

(2)(a) If an offender is convicted of or pleads guilty to a	795
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	796
of the Revised Code and to a specification of the type described	797
in section 2941.1421 of the Revised Code and if the court imposes	798
a prison term on the offender for the felony violation, the court	799
may impose upon the offender an additional prison term as follows:	800

(i) Subject to division (H)(2)(a)(ii) of this section, an	801
additional prison term of one, two, three, four, five, or six	802
months;	803

(ii) If the offender previously has been convicted of or	804
pleaded guilty to one or more felony or misdemeanor violations of	805
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	806
Revised Code and also was convicted of or pleaded guilty to a	807
specification of the type described in section 2941.1421 of the	808
Revised Code regarding one or more of those violations, an	809
additional prison term of one, two, three, four, five, six, seven,	810
eight, nine, ten, eleven, or twelve months.	811

(b) In lieu of imposing an additional prison term under	812
division (H)(2)(a) of this section, the court may directly impose	813
on the offender a sanction that requires the offender to wear a	814
real-time processing, continual tracking electronic monitoring	815
device during the period of time specified by the court. The	816
period of time specified by the court shall equal the duration of	817
an additional prison term that the court could have imposed upon	818
the offender under division (H)(2)(a) of this section. A sanction	819
imposed under this division shall commence on the date specified	820
by the court, provided that the sanction shall not commence until	821
after the offender has served the prison term imposed for the	822
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	823
of the Revised Code and any residential sanction imposed for the	824
violation under section 2929.16 of the Revised Code. A sanction	825
imposed under this division shall be considered to be a community	826
control sanction for purposes of section 2929.15 of the Revised	827
Code, and all provisions of the Revised Code that pertain to	828
community control sanctions shall apply to a sanction imposed	829
under this division, except to the extent that they would by their	830
nature be clearly inapplicable. The offender shall pay all costs	831
associated with a sanction imposed under this division, including	832
the cost of the use of the monitoring device.	833

(I) At the time of sentencing, the court may recommend the	834
offender for placement in a program of shock incarceration under	835
section 5120.031 of the Revised Code or for placement in an	836
intensive program prison under section 5120.032 of the Revised	837
Code, disapprove placement of the offender in a program of shock	838
incarceration or an intensive program prison of that nature, or	839
make no recommendation on placement of the offender. In no case	840
shall the department of rehabilitation and correction place the	841
offender in a program or prison of that nature unless the	842
department determines as specified in section 5120.031 or 5120.032	843
of the Revised Code, whichever is applicable, that the offender is	844
eligible for the placement.	845

If the court disapproves placement of the offender in a	846
program or prison of that nature, the department of rehabilitation	847
and correction shall not place the offender in any program of	848
shock incarceration or intensive program prison.	849

If the court recommends placement of the offender in a	850
program of shock incarceration or in an intensive program prison,	851
and if the offender is subsequently placed in the recommended	852
program or prison, the department shall notify the court of the	853
placement and shall include with the notice a brief description of	854
the placement.	855

If the court recommends placement of the offender in a	856
program of shock incarceration or in an intensive program prison	857
and the department does not subsequently place the offender in the	858
recommended program or prison, the department shall send a notice	859
to the court indicating why the offender was not placed in the	860
recommended program or prison.	861

If the court does not make a recommendation under this	862
division with respect to an offender and if the department	863
determines as specified in section 5120.031 or 5120.032 of the	864
Revised Code, whichever is applicable, that the offender is	865
eligible for placement in a program or prison of that nature, the	866
department shall screen the offender and determine if there is an	867
available program of shock incarceration or an intensive program	868
prison for which the offender is suited. If there is an available	869
program of shock incarceration or an intensive program prison for	870
which the offender is suited, the department shall notify the	871
court of the proposed placement of the offender as specified in	872
section 5120.031 or 5120.032 of the Revised Code and shall include	873
with the notice a brief description of the placement. The court	874
shall have ten days from receipt of the notice to disapprove the	875
placement.	876

(J) If a person is convicted of or pleads guilty to	877
aggravated vehicular homicide in violation of division (A)(1) of	878
section 2903.06 of the Revised Code and division (B)(2)(c) of that	879
section applies, the person shall be sentenced pursuant to section	880
2929.142 of the Revised Code.	881

Sec. 2941.1424.  (A) Imposition of a two-year mandatory	882
prison term upon an offender under division (B)(9) of section	883
2929.14 of the Revised Code is precluded unless the indictment,	884
count in the indictment, or information charging the offense	885
specifies that the victim of the offense is a disabled person. The	886
specification shall be stated at the end of the body of the	887
indictment, count, or information, and shall be in substantially	888
the following form:	889

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	890
Grand Jurors (or insert the person's or the prosecuting attorney's	891
name when appropriate) further find and specify that (set forth	892
that the victim of the offense is a disabled person)."	893

(B) The specification described in division (A) of this	894
section may be used in a delinquent child proceeding in the manner	895
and for the purpose described in section 2152.17 of the Revised	896
Code.	897

(C) As used in this section:

898

(1) "Disabled person" means a person who has a physical or	899
mental impairment which substantially limits one or more of the	900
person's major life activities.	901

(2) "Physical or mental impairment" means any of the	902
following:	903

(a) Any physiological disorder or condition, cosmetic	904
disfigurement, or anatomical loss substantially affecting one or	905
more of the following body systems: neurological; musculoskeletal;	906
special sense organs; respiratory, including speech organs;	907
cardiovascular; reproductive; digestive; genitourinary; hemic and	908
lymphatic; skin; or endocrine.	909

(b) Any mental or psychological disorder, such as mental	910
retardation, organic brain syndrome, emotional or mental illness,	911
and specific learning disabilities.	912

(3) "Substantially limits" means substantially interferes	913
with or affects over an extended period of time. Minor temporary	914
ailments or injuries shall not be considered physical or mental	915
impairments that substantially limit a person's major life	916
activities. Examples of minor temporary ailments are colds,	917
influenza, sprains, or minor injuries.	918

(4) "Major life activities" include functions such as caring	919
for oneself, performing manual tasks, walking, seeing, hearing,	920
speaking, breathing, learning, and working.	921

Sec. 2941.1425.  (A) Imposition of a two-year mandatory	922
prison term upon an offender under division (B)(10) of section	923
2929.14 of the Revised Code is precluded unless the indictment,	924
count in the indictment, or information charging the offense	925
specifies that the victim of the offense is an elderly person. The	926
specification shall be stated at the end of the body of the	927
indictment, count, or information, and shall be in substantially	928
the following form:	929

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	930
Grand Jurors (or insert the person's or the prosecuting attorney's	931
name when appropriate) further find and specify that (set forth	932
that the victim of the offense is an elderly person)."	933

(B) The specification described in division (A) of this	934
section may be used in a delinquent child proceeding in the manner	935
and for the purpose described in section 2152.17 of the Revised	936
Code.	937

(C) As used in this section, "elderly person" means a person	938
who is sixty-five years of age or older.	939

Section 2.  That existing sections 2152.17 and 2929.14 of the	940
Revised Code are hereby repealed.	941