Bill Text: OH HB34 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require a mandatory prison term for sexual battery, expand the offense of sexual imposition, and require a mandatory prison term or jail term for unlawful sexual conduct with a minor, gross sexual imposition, importuning, and endangering children under specified circumstances involving a victim who is a minor or student and an offender who is a person in authority with respect to the victim.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2011-01-19 - To Criminal Justice [HB34 Detail]

Download: Ohio-2011-HB34-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 34

Representative Snitchler 

Cosponsors: Representatives Combs, McClain, Hackett, Kozlowski, Blair, Stautberg 

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A BILL

To amend sections 2907.03, 2907.06, 2929.01, 2929.13,

1

2929.14, 2929.22, and 2929.24 and to enact section

2

2941.1424 of the Revised Code to require a

3

mandatory prison term for sexual battery, expand

4

the offense of sexual imposition, and require a

5

mandatory prison term or jail term for unlawful

6

sexual conduct with a minor, gross sexual

7

imposition, importuning, and endangering children

8

under specified circumstances involving a victim

9

who is a minor or student and an offender who is a

10

person in authority with respect to the victim.

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

Section 1. That sections 2907.03, 2907.06, 2929.01, 2929.13,	12
2929.14, 2929.22, and 2929.24 be amended and section 2941.1424 of	13
the Revised Code be enacted to read as follows:	14

Sec. 2907.03.  (A) No person shall engage in sexual conduct	15
with another, not the spouse of the offender, when any of the	16
following apply:	17

(1) The offender knowingly coerces the other person to submit	18
by any means that would prevent resistance by a person of ordinary	19
resolution.	20

(2) The offender knows that the other person's ability to	21
appraise the nature of or control the other person's own conduct	22
is substantially impaired.	23

(3) The offender knows that the other person submits because	24
the other person is unaware that the act is being committed.	25

(4) The offender knows that the other person submits because	26
the other person mistakenly identifies the offender as the other	27
person's spouse.	28

(5) The offender is the other person's natural or adoptive	29
parent, or a stepparent, or guardian, custodian, or person in loco	30
parentis of the other person.	31

(6) The other person is in custody of law or a patient in a	32
hospital or other institution, and the offender has supervisory or	33
disciplinary authority over the other person.	34

(7) The offender is a teacher, administrator, coach, or other	35
person in authority employed by or serving in a school for which	36
the state board of education prescribes minimum standards pursuant	37
to division (D) of section 3301.07 of the Revised Code, the other	38
person is enrolled in or attends that school, and the offender is	39
not enrolled in and does not attend that school.	40

(8) The other person is a minor, the offender is a teacher,	41
administrator, coach, or other person in authority employed by or	42
serving in an institution of higher education, and the other	43
person is enrolled in or attends that institution.	44

(9) The other person is a minor, and the offender is the	45
other person's athletic or other type of coach, is the other	46
person's instructor, is the leader of a scouting troop of which	47
the other person is a member, or is a person with temporary or	48
occasional disciplinary control over the other person.	49

(10) The offender is a mental health professional, the other	50
person is a mental health client or patient of the offender, and	51
the offender induces the other person to submit by falsely	52
representing to the other person that the sexual conduct is	53
necessary for mental health treatment purposes.	54

(11) The other person is confined in a detention facility,	55
and the offender is an employee of that detention facility.	56

(12) The other person is a minor, the offender is a cleric,	57
and the other person is a member of, or attends, the church or	58
congregation served by the cleric.	59

(13) The other person is a minor, the offender is a peace	60
officer, and the offender is more than two years older than the	61
other person.	62

(B)(1) Whoever violates this section is guilty of sexual	63
battery. Except	64

(2) Except as otherwise provided in this division (B)(3) of	65
this section, sexual battery is a felony of the third degree, and,	66
if the offense is a violation of division (A)(7), (8), or (9) of	67
this section, the court shall impose upon the offender a mandatory	68
prison term of three, four, or five years. If	69

(3) If the other person is less than thirteen years of age,	70
sexual battery is a felony of the second degree, and the court	71
shall impose upon the offender a mandatory prison term determined	72
as follows:	73

(a) If the offense is a violation of division (A)(7), (8), or	74
(9) of this section, the court shall impose a mandatory prison	75
term of three, four, five, six, seven, or eight years.	76

(b) If the offense is a violation of any division of this	77
section other than division (A)(7), (8), or (9) of this section,	78
the court shall impose a mandatory prison term equal to one of the	79
prison terms prescribed in section 2929.14 of the Revised Code for	80
a felony of the second degree.	81

(C) As used in this section:

82

(1) "Cleric" has the same meaning as in section 2317.02 of	83
the Revised Code.	84

(2) "Detention facility" has the same meaning as in section	85
2921.01 of the Revised Code.	86

(3) "Institution of higher education" means a state	87
institution of higher education defined in section 3345.011 of the	88
Revised Code, a private nonprofit college or university located in	89
this state that possesses a certificate of authorization issued by	90
the Ohio board of regents pursuant to Chapter 1713. of the Revised	91
Code, or a school certified under Chapter 3332. of the Revised	92
Code.	93

(4) "Peace officer" has the same meaning as in section	94
2935.01 of the Revised Code.	95

Sec. 2907.06.  (A) No person shall have sexual contact with	96
another, not the spouse of the offender; cause another, not the	97
spouse of the offender, to have sexual contact with the offender;	98
or cause two or more other persons to have sexual contact when any	99
of the following applies:	100

(1) The offender knows that the sexual contact is offensive	101
to the other person, or one of the other persons, or is reckless	102
in that regard.	103

(2) The offender knows that the other person's, or one of the	104
other person's, ability to appraise the nature of or control the	105
offender's or touching person's conduct is substantially impaired.	106

(3) The offender knows that the other person, or one of the	107
other persons, submits because of being unaware of the sexual	108
contact.	109

(4) The other person, or one of the other persons, is	110
thirteen years of age or older but less than sixteen years of age,	111
whether or not the offender knows the age of such person, and the	112
offender is at least eighteen years of age and four or more years	113
older than such other person.	114

(5) The offender is a mental health professional, the other	115
person or one of the other persons is a mental health client or	116
patient of the offender, and the offender induces the other person	117
who is the client or patient to submit by falsely representing to	118
the other person who is the client or patient that the sexual	119
contact is necessary for mental health treatment purposes.	120

(6) The offender is a teacher, administrator, coach, or other	121
person in authority employed by or serving in a school for which	122
the state board of education prescribed minimum standards pursuant	123
to division (D) of section 3301.07 of the Revised Code, the other	124
person, or one of the other persons, is enrolled in or attends	125
that school, and the offender is not enrolled in and does not	126
attend that school.	127

(7) The other person is a minor, the offender is a teacher,	128
administrator, coach, or other person in authority employed by or	129
serving in an institution of higher education, and the other	130
person is enrolled in or attends that institution.	131

(8) The other person is a minor, and the offender is the	132
other person's athletic or other type of coach, is the other	133
person's instructor, is the leader of a scouting troop of which	134
the other person is a member, or is a person with temporary or	135
occasional disciplinary control over the other person.	136

(B) No person shall be convicted of a violation of this	137
section solely upon the victim's testimony unsupported by other	138
evidence.	139

(C) Whoever violates this section is guilty of sexual	140
imposition,. Except as otherwise provided in this division, a	141
violation of division (A)(1), (2), (3), (4), or (5) of this	142
section is a misdemeanor of the third degree. If the offender	143
previously has been convicted of a violation of this section or of	144
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the	145
Revised Code, a violation of division (A)(1), (2), (3), (4), or	146
(5) of this section is a misdemeanor of the first degree. A	147
violation of division (A)(6), (7), or (8) of this section is a	148
felony of the fourth degree, and the court shall impose a	149
mandatory prison term on the offender of three years.	150

Sec. 2929.01.  As used in this chapter:

151

(A)(1) "Alternative residential facility" means, subject to	152
division (A)(2) of this section, any facility other than an	153
offender's home or residence in which an offender is assigned to	154
live and that satisfies all of the following criteria:	155

(a) It provides programs through which the offender may seek	156
or maintain employment or may receive education, training,	157
treatment, or habilitation.	158

(b) It has received the appropriate license or certificate	159
for any specialized education, training, treatment, habilitation,	160
or other service that it provides from the government agency that	161
is responsible for licensing or certifying that type of education,	162
training, treatment, habilitation, or service.	163

(2) "Alternative residential facility" does not include a	164
community-based correctional facility, jail, halfway house, or	165
prison.	166

(B) "Basic probation supervision" means a requirement that	167
the offender maintain contact with a person appointed to supervise	168
the offender in accordance with sanctions imposed by the court or	169
imposed by the parole board pursuant to section 2967.28 of the	170
Revised Code. "Basic probation supervision" includes basic parole	171
supervision and basic post-release control supervision.	172

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	173
"unit dose" have the same meanings as in section 2925.01 of the	174
Revised Code.	175

(D) "Community-based correctional facility" means a	176
community-based correctional facility and program or district	177
community-based correctional facility and program developed	178
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	179

(E) "Community control sanction" means a sanction that is not	180
a prison term and that is described in section 2929.15, 2929.16,	181
2929.17, or 2929.18 of the Revised Code or a sanction that is not	182
a jail term and that is described in section 2929.26, 2929.27, or	183
2929.28 of the Revised Code. "Community control sanction" includes	184
probation if the sentence involved was imposed for a felony that	185
was committed prior to July 1, 1996, or if the sentence involved	186
was imposed for a misdemeanor that was committed prior to January	187
1, 2004.	188

(F) "Controlled substance," "marihuana," "schedule I," and	189
"schedule II" have the same meanings as in section 3719.01 of the	190
Revised Code.	191

(G) "Curfew" means a requirement that an offender during a	192
specified period of time be at a designated place.	193

(H) "Day reporting" means a sanction pursuant to which an	194
offender is required each day to report to and leave a center or	195
other approved reporting location at specified times in order to	196
participate in work, education or training, treatment, and other	197
approved programs at the center or outside the center.	198

(I) "Deadly weapon" has the same meaning as in section	199
2923.11 of the Revised Code.	200

(J) "Drug and alcohol use monitoring" means a program under	201
which an offender agrees to submit to random chemical analysis of	202
the offender's blood, breath, or urine to determine whether the	203
offender has ingested any alcohol or other drugs.	204

(K) "Drug treatment program" means any program under which a	205
person undergoes assessment and treatment designed to reduce or	206
completely eliminate the person's physical or emotional reliance	207
upon alcohol, another drug, or alcohol and another drug and under	208
which the person may be required to receive assessment and	209
treatment on an outpatient basis or may be required to reside at a	210
facility other than the person's home or residence while	211
undergoing assessment and treatment.	212

(L) "Economic loss" means any economic detriment suffered by	213
a victim as a direct and proximate result of the commission of an	214
offense and includes any loss of income due to lost time at work	215
because of any injury caused to the victim, and any property loss,	216
medical cost, or funeral expense incurred as a result of the	217
commission of the offense. "Economic loss" does not include	218
non-economic loss or any punitive or exemplary damages.	219

(M) "Education or training" includes study at, or in	220
conjunction with a program offered by, a university, college, or	221
technical college or vocational study and also includes the	222
completion of primary school, secondary school, and literacy	223
curricula or their equivalent.	224

(N) "Firearm" has the same meaning as in section 2923.11 of	225
the Revised Code.	226

(O) "Halfway house" means a facility licensed by the division	227
of parole and community services of the department of	228
rehabilitation and correction pursuant to section 2967.14 of the	229
Revised Code as a suitable facility for the care and treatment of	230
adult offenders.	231

(P) "House arrest" means a period of confinement of an	232
offender that is in the offender's home or in other premises	233
specified by the sentencing court or by the parole board pursuant	234
to section 2967.28 of the Revised Code and during which all of the	235
following apply:	236

(1) The offender is required to remain in the offender's home	237
or other specified premises for the specified period of	238
confinement, except for periods of time during which the offender	239
is at the offender's place of employment or at other premises as	240
authorized by the sentencing court or by the parole board.	241

(2) The offender is required to report periodically to a	242
person designated by the court or parole board.	243

(3) The offender is subject to any other restrictions and	244
requirements that may be imposed by the sentencing court or by the	245
parole board.	246

(Q) "Intensive probation supervision" means a requirement	247
that an offender maintain frequent contact with a person appointed	248
by the court, or by the parole board pursuant to section 2967.28	249
of the Revised Code, to supervise the offender while the offender	250
is seeking or maintaining necessary employment and participating	251
in training, education, and treatment programs as required in the	252
court's or parole board's order. "Intensive probation supervision"	253
includes intensive parole supervision and intensive post-release	254
control supervision.	255

(R) "Jail" means a jail, workhouse, minimum security jail, or	256
other residential facility used for the confinement of alleged or	257
convicted offenders that is operated by a political subdivision or	258
a combination of political subdivisions of this state.	259

(S) "Jail term" means the term in a jail that a sentencing	260
court imposes or is authorized to impose pursuant to section	261
2929.24 or 2929.25 of the Revised Code or pursuant to any other	262
provision of the Revised Code that authorizes a term in a jail for	263
a misdemeanor conviction.	264

(T) "Mandatory jail term" means the term in a jail that a	265
sentencing court is required to impose pursuant to division (G) of	266
section 1547.99 of the Revised Code, division (E) of section	267
2903.06 or division (D) of section 2903.08 of the Revised Code,	268
division (E) or, (F), (G), or (H) of section 2929.24 of the	269
Revised Code, division (B) of section 4510.14 of the Revised Code,	270
or division (G) of section 4511.19 of the Revised Code or pursuant	271
to any other provision of the Revised Code that requires a term in	272
a jail for a misdemeanor conviction.	273

(U) "Delinquent child" has the same meaning as in section	274
2152.02 of the Revised Code.	275

(V) "License violation report" means a report that is made by	276
a sentencing court, or by the parole board pursuant to section	277
2967.28 of the Revised Code, to the regulatory or licensing board	278
or agency that issued an offender a professional license or a	279
license or permit to do business in this state and that specifies	280
that the offender has been convicted of or pleaded guilty to an	281
offense that may violate the conditions under which the offender's	282
professional license or license or permit to do business in this	283
state was granted or an offense for which the offender's	284
professional license or license or permit to do business in this	285
state may be revoked or suspended.	286

(W) "Major drug offender" means an offender who is convicted	287
of or pleads guilty to the possession of, sale of, or offer to	288
sell any drug, compound, mixture, preparation, or substance that	289
consists of or contains at least one thousand grams of hashish; at	290
least one hundred grams of crack cocaine; at least one thousand	291
grams of cocaine that is not crack cocaine; at least two thousand	292
five hundred unit doses or two hundred fifty grams of heroin; at	293
least five thousand unit doses of L.S.D. or five hundred grams of	294
L.S.D. in a liquid concentrate, liquid extract, or liquid	295
distillate form; or at least one hundred times the amount of any	296
other schedule I or II controlled substance other than marihuana	297
that is necessary to commit a felony of the third degree pursuant	298
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	299
Code that is based on the possession of, sale of, or offer to sell	300
the controlled substance.	301

(X) "Mandatory prison term" means any of the following:

302

(1) Subject to division (X)(2) of this section, the term in	303
prison that must be imposed for the offenses or circumstances set	304
forth in divisions (F)(1) to (8) or (F)(12) to (18)(20) of section	305
2929.13 and division (D) of section 2929.14 of the Revised Code.	306
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	307
and 2925.11 of the Revised Code, unless the maximum or another	308
specific term is required under section 2929.14 or 2929.142 of the	309
Revised Code, a mandatory prison term described in this division	310
may be any prison term authorized for the level of offense.	311

(2) The term of sixty or one hundred twenty days in prison	312
that a sentencing court is required to impose for a third or	313
fourth degree felony OVI offense pursuant to division (G)(2) of	314
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	315
of the Revised Code or the term of one, two, three, four, or five	316
years in prison that a sentencing court is required to impose	317
pursuant to division (G)(2) of section 2929.13 of the Revised	318
Code.	319

(3) The term in prison imposed pursuant to division (A) of	320
section 2971.03 of the Revised Code for the offenses and in the	321
circumstances described in division (F)(11) of section 2929.13 of	322
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	323
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	324
2971.03 of the Revised Code and that term as modified or	325
terminated pursuant to section 2971.05 of the Revised Code.	326

(Y) "Monitored time" means a period of time during which an	327
offender continues to be under the control of the sentencing court	328
or parole board, subject to no conditions other than leading a	329
law-abiding life.	330

(Z) "Offender" means a person who, in this state, is	331
convicted of or pleads guilty to a felony or a misdemeanor.	332

(AA) "Prison" means a residential facility used for the	333
confinement of convicted felony offenders that is under the	334
control of the department of rehabilitation and correction but	335
does not include a violation sanction center operated under	336
authority of section 2967.141 of the Revised Code.	337

(BB) "Prison term" includes either of the following sanctions	338
for an offender:	339

(1) A stated prison term;

340

(2) A term in a prison shortened by, or with the approval of,	341
the sentencing court pursuant to section 2929.20, 2967.26,	342
5120.031, 5120.032, or 5120.073 of the Revised Code.	343

(CC) "Repeat violent offender" means a person about whom both	344
of the following apply:	345

(1) The person is being sentenced for committing or for	346
complicity in committing any of the following:	347

(a) Aggravated murder, murder, any felony of the first or	348
second degree that is an offense of violence, or an attempt to	349
commit any of these offenses if the attempt is a felony of the	350
first or second degree;	351

(b) An offense under an existing or former law of this state,	352
another state, or the United States that is or was substantially	353
equivalent to an offense described in division (CC)(1)(a) of this	354
section.	355

(2) The person previously was convicted of or pleaded guilty	356
to an offense described in division (CC)(1)(a) or (b) of this	357
section.	358

(DD) "Sanction" means any penalty imposed upon an offender	359
who is convicted of or pleads guilty to an offense, as punishment	360
for the offense. "Sanction" includes any sanction imposed pursuant	361
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	362
2929.28 of the Revised Code.	363

(EE) "Sentence" means the sanction or combination of	364
sanctions imposed by the sentencing court on an offender who is	365
convicted of or pleads guilty to an offense.	366

(FF) "Stated prison term" means the prison term, mandatory	367
prison term, or combination of all prison terms and mandatory	368
prison terms imposed by the sentencing court pursuant to section	369
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	370
2919.25 of the Revised Code. "Stated prison term" includes any	371
credit received by the offender for time spent in jail awaiting	372
trial, sentencing, or transfer to prison for the offense and any	373
time spent under house arrest or house arrest with electronic	374
monitoring imposed after earning credits pursuant to section	375
2967.193 of the Revised Code.	376

(GG) "Victim-offender mediation" means a reconciliation or	377
mediation program that involves an offender and the victim of the	378
offense committed by the offender and that includes a meeting in	379
which the offender and the victim may discuss the offense, discuss	380
restitution, and consider other sanctions for the offense.	381

(HH) "Fourth degree felony OVI offense" means a violation of	382
division (A) of section 4511.19 of the Revised Code that, under	383
division (G) of that section, is a felony of the fourth degree.	384

(II) "Mandatory term of local incarceration" means the term	385
of sixty or one hundred twenty days in a jail, a community-based	386
correctional facility, a halfway house, or an alternative	387
residential facility that a sentencing court may impose upon a	388
person who is convicted of or pleads guilty to a fourth degree	389
felony OVI offense pursuant to division (G)(1) of section 2929.13	390
of the Revised Code and division (G)(1)(d) or (e) of section	391
4511.19 of the Revised Code.	392

(JJ) "Designated homicide, assault, or kidnapping offense,"	393
"violent sex offense," "sexual motivation specification,"	394
"sexually violent offense," "sexually violent predator," and	395
"sexually violent predator specification" have the same meanings	396
as in section 2971.01 of the Revised Code.	397

(KK) "Sexually oriented offense," "child-victim oriented	398
offense," and "tier III sex offender/child-victim offender," have	399
the same meanings as in section 2950.01 of the Revised Code.	400

(LL) An offense is "committed in the vicinity of a child" if	401
the offender commits the offense within thirty feet of or within	402
the same residential unit as a child who is under eighteen years	403
of age, regardless of whether the offender knows the age of the	404
child or whether the offender knows the offense is being committed	405
within thirty feet of or within the same residential unit as the	406
child and regardless of whether the child actually views the	407
commission of the offense.	408

(MM) "Family or household member" has the same meaning as in	409
section 2919.25 of the Revised Code.	410

(NN) "Motor vehicle" and "manufactured home" have the same	411
meanings as in section 4501.01 of the Revised Code.	412

(OO) "Detention" and "detention facility" have the same	413
meanings as in section 2921.01 of the Revised Code.	414

(PP) "Third degree felony OVI offense" means a violation of	415
division (A) of section 4511.19 of the Revised Code that, under	416
division (G) of that section, is a felony of the third degree.	417

(QQ) "Random drug testing" has the same meaning as in section	418
5120.63 of the Revised Code.	419

(RR) "Felony sex offense" has the same meaning as in section	420
2967.28 of the Revised Code.	421

(SS) "Body armor" has the same meaning as in section	422
2941.1411 of the Revised Code.	423

(TT) "Electronic monitoring" means monitoring through the use	424
of an electronic monitoring device.	425

(UU) "Electronic monitoring device" means any of the	426
following:	427

(1) Any device that can be operated by electrical or battery	428
power and that conforms with all of the following:	429

(a) The device has a transmitter that can be attached to a	430
person, that will transmit a specified signal to a receiver of the	431
type described in division (UU)(1)(b) of this section if the	432
transmitter is removed from the person, turned off, or altered in	433
any manner without prior court approval in relation to electronic	434
monitoring or without prior approval of the department of	435
rehabilitation and correction in relation to the use of an	436
electronic monitoring device for an inmate on transitional control	437
or otherwise is tampered with, that can transmit continuously and	438
periodically a signal to that receiver when the person is within a	439
specified distance from the receiver, and that can transmit an	440
appropriate signal to that receiver if the person to whom it is	441
attached travels a specified distance from that receiver.	442

(b) The device has a receiver that can receive continuously	443
the signals transmitted by a transmitter of the type described in	444
division (UU)(1)(a) of this section, can transmit continuously	445
those signals by a wireless or landline telephone connection to a	446
central monitoring computer of the type described in division	447
(UU)(1)(c) of this section, and can transmit continuously an	448
appropriate signal to that central monitoring computer if the	449
device has been turned off or altered without prior court approval	450
or otherwise tampered with. The device is designed specifically	451
for use in electronic monitoring, is not a converted wireless	452
phone or another tracking device that is clearly not designed for	453
electronic monitoring, and provides a means of text-based or voice	454
communication with the person.	455

(c) The device has a central monitoring computer that can	456
receive continuously the signals transmitted by a wireless or	457
landline telephone connection by a receiver of the type described	458
in division (UU)(1)(b) of this section and can monitor	459
continuously the person to whom an electronic monitoring device of	460
the type described in division (UU)(1)(a) of this section is	461
attached.	462

(2) Any device that is not a device of the type described in	463
division (UU)(1) of this section and that conforms with all of the	464
following:	465

(a) The device includes a transmitter and receiver that can	466
monitor and determine the location of a subject person at any	467
time, or at a designated point in time, through the use of a	468
central monitoring computer or through other electronic means.	469

(b) The device includes a transmitter and receiver that can	470
determine at any time, or at a designated point in time, through	471
the use of a central monitoring computer or other electronic means	472
the fact that the transmitter is turned off or altered in any	473
manner without prior approval of the court in relation to the	474
electronic monitoring or without prior approval of the department	475
of rehabilitation and correction in relation to the use of an	476
electronic monitoring device for an inmate on transitional control	477
or otherwise is tampered with.	478

(3) Any type of technology that can adequately track or	479
determine the location of a subject person at any time and that is	480
approved by the director of rehabilitation and correction,	481
including, but not limited to, any satellite technology, voice	482
tracking system, or retinal scanning system that is so approved.	483

(VV) "Non-economic loss" means nonpecuniary harm suffered by	484
a victim of an offense as a result of or related to the commission	485
of the offense, including, but not limited to, pain and suffering;	486
loss of society, consortium, companionship, care, assistance,	487
attention, protection, advice, guidance, counsel, instruction,	488
training, or education; mental anguish; and any other intangible	489
loss.	490

(WW) "Prosecutor" has the same meaning as in section 2935.01	491
of the Revised Code.	492

(XX) "Continuous alcohol monitoring" means the ability to	493
automatically test and periodically transmit alcohol consumption	494
levels and tamper attempts at least every hour, regardless of the	495
location of the person who is being monitored.	496

(YY) A person is "adjudicated a sexually violent predator" if	497
the person is convicted of or pleads guilty to a violent sex	498
offense and also is convicted of or pleads guilty to a sexually	499
violent predator specification that was included in the	500
indictment, count in the indictment, or information charging that	501
violent sex offense or if the person is convicted of or pleads	502
guilty to a designated homicide, assault, or kidnapping offense	503
and also is convicted of or pleads guilty to both a sexual	504
motivation specification and a sexually violent predator	505
specification that were included in the indictment, count in the	506
indictment, or information charging that designated homicide,	507
assault, or kidnapping offense.	508

(ZZ) An offense is "committed in proximity to a school" if	509
the offender commits the offense in a school safety zone or within	510
five hundred feet of any school building or the boundaries of any	511
school premises, regardless of whether the offender knows the	512
offense is being committed in a school safety zone or within five	513
hundred feet of any school building or the boundaries of any	514
school premises.	515

(AAA) "Human trafficking" means a scheme or plan to which all	516
of the following apply:	517

(1) Its object is to compel a victim or victims to engage in	518
sexual activity for hire, to engage in a performance that is	519
obscene, sexually oriented, or nudity oriented, or to be a model	520
or participant in the production of material that is obscene,	521
sexually oriented, or nudity oriented.	522

(2) It involves at least two felony offenses, whether or not	523
there has been a prior conviction for any of the felony offenses,	524
to which all of the following apply:	525

(a) Each of the felony offenses is a violation of section	526
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	527
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	528
of section 2919.22 of the Revised Code or is a violation of a law	529
of any state other than this state that is substantially similar	530
to any of the sections or divisions of the Revised Code identified	531
in this division.	532

(b) At least one of the felony offenses was committed in this	533
state.	534

(c) The felony offenses are related to the same scheme or	535
plan, are not isolated instances, and are not so closely related	536
to each other and connected in time and place that they constitute	537
a single event or transaction.	538

(BBB) "Material," "nudity," "obscene," "performance," and	539
"sexual activity" have the same meanings as in section 2907.01 of	540
the Revised Code.	541

(CCC) "Material that is obscene, sexually oriented, or nudity	542
oriented" means any material that is obscene, that shows a person	543
participating or engaging in sexual activity, masturbation, or	544
bestiality, or that shows a person in a state of nudity.	545

(DDD) "Performance that is obscene, sexually oriented, or	546
nudity oriented" means any performance that is obscene, that shows	547
a person participating or engaging in sexual activity,	548
masturbation, or bestiality, or that shows a person in a state of	549
nudity.	550

Sec. 2929.13.  (A) Except as provided in division (E), (F),	551
or (G) of this section and unless a specific sanction is required	552
to be imposed or is precluded from being imposed pursuant to law,	553
a court that imposes a sentence upon an offender for a felony may	554
impose any sanction or combination of sanctions on the offender	555
that are provided in sections 2929.14 to 2929.18 of the Revised	556
Code. The sentence shall not impose an unnecessary burden on state	557
or local government resources.	558

If the offender is eligible to be sentenced to community	559
control sanctions, the court shall consider the appropriateness of	560
imposing a financial sanction pursuant to section 2929.18 of the	561
Revised Code or a sanction of community service pursuant to	562
section 2929.17 of the Revised Code as the sole sanction for the	563
offense. Except as otherwise provided in this division, if the	564
court is required to impose a mandatory prison term for the	565
offense for which sentence is being imposed, the court also shall	566
impose any financial sanction pursuant to section 2929.18 of the	567
Revised Code that is required for the offense and may impose any	568
other financial sanction pursuant to that section but may not	569
impose any additional sanction or combination of sanctions under	570
section 2929.16 or 2929.17 of the Revised Code.	571

If the offender is being sentenced for a fourth degree felony	572
OVI offense or for a third degree felony OVI offense, in addition	573
to the mandatory term of local incarceration or the mandatory	574
prison term required for the offense by division (G)(1) or (2) of	575
this section, the court shall impose upon the offender a mandatory	576
fine in accordance with division (B)(3) of section 2929.18 of the	577
Revised Code and may impose whichever of the following is	578
applicable:	579

(1) For a fourth degree felony OVI offense for which sentence	580
is imposed under division (G)(1) of this section, an additional	581
community control sanction or combination of community control	582
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	583
the court imposes upon the offender a community control sanction	584
and the offender violates any condition of the community control	585
sanction, the court may take any action prescribed in division (B)	586
of section 2929.15 of the Revised Code relative to the offender,	587
including imposing a prison term on the offender pursuant to that	588
division.	589

(2) For a third or fourth degree felony OVI offense for which	590
sentence is imposed under division (G)(2) of this section, an	591
additional prison term as described in division (D)(4) of section	592
2929.14 of the Revised Code or a community control sanction as	593
described in division (G)(2) of this section.	594

(B)(1) Except as provided in division (B)(2), (E), (F), or	595
(G) of this section, in sentencing an offender for a felony of the	596
fourth or fifth degree, the sentencing court shall determine	597
whether any of the following apply:	598

(a) In committing the offense, the offender caused physical	599
harm to a person.	600

(b) In committing the offense, the offender attempted to	601
cause or made an actual threat of physical harm to a person with a	602
deadly weapon.	603

(c) In committing the offense, the offender attempted to	604
cause or made an actual threat of physical harm to a person, and	605
the offender previously was convicted of an offense that caused	606
physical harm to a person.	607

(d) The offender held a public office or position of trust	608
and the offense related to that office or position; the offender's	609
position obliged the offender to prevent the offense or to bring	610
those committing it to justice; or the offender's professional	611
reputation or position facilitated the offense or was likely to	612
influence the future conduct of others.	613

(e) The offender committed the offense for hire or as part of	614
an organized criminal activity.	615

(f) The offense is a sex offense that is a fourth or fifth	616
degree felony violation of section 2907.03, 2907.04, 2907.05,	617
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	618
Revised Code.	619

(g) The offender at the time of the offense was serving, or	620
the offender previously had served, a prison term.	621

(h) The offender committed the offense while under a	622
community control sanction, while on probation, or while released	623
from custody on a bond or personal recognizance.	624

(i) The offender committed the offense while in possession of	625
a firearm.	626

(2)(a) If the court makes a finding described in division	627
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	628
section and if the court, after considering the factors set forth	629
in section 2929.12 of the Revised Code, finds that a prison term	630
is consistent with the purposes and principles of sentencing set	631
forth in section 2929.11 of the Revised Code and finds that the	632
offender is not amenable to an available community control	633
sanction, the court shall impose a prison term upon the offender.	634

(b) Except as provided in division (E), (F), or (G) of this	635
section, if the court does not make a finding described in	636
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	637
this section and if the court, after considering the factors set	638
forth in section 2929.12 of the Revised Code, finds that a	639
community control sanction or combination of community control	640
sanctions is consistent with the purposes and principles of	641
sentencing set forth in section 2929.11 of the Revised Code, the	642
court shall impose a community control sanction or combination of	643
community control sanctions upon the offender.	644

(C) Except as provided in division (D), (E), (F), or (G) of	645
this section, in determining whether to impose a prison term as a	646
sanction for a felony of the third degree or a felony drug offense	647
that is a violation of a provision of Chapter 2925. of the Revised	648
Code and that is specified as being subject to this division for	649
purposes of sentencing, the sentencing court shall comply with the	650
purposes and principles of sentencing under section 2929.11 of the	651
Revised Code and with section 2929.12 of the Revised Code.	652

(D)(1) Except as provided in division (E) or (F) of this	653
section, for a felony of the first or second degree, for a felony	654
drug offense that is a violation of any provision of Chapter	655
2925., 3719., or 4729. of the Revised Code for which a presumption	656
in favor of a prison term is specified as being applicable, and	657
for a violation of division (A)(4) or (B) of section 2907.05 of	658
the Revised Code for which a presumption in favor of a prison term	659
is specified as being applicable, it is presumed that a prison	660
term is necessary in order to comply with the purposes and	661
principles of sentencing under section 2929.11 of the Revised	662
Code. Division (D)(2) of this section does not apply to a	663
presumption established under this division for a violation of	664
division (A)(4) of section 2907.05 of the Revised Code.	665

(2) Notwithstanding the presumption established under	666
division (D)(1) of this section for the offenses listed in that	667
division other than a violation of division (A)(4) or (B) of	668
section 2907.05 of the Revised Code, the sentencing court may	669
impose a community control sanction or a combination of community	670
control sanctions instead of a prison term on an offender for a	671
felony of the first or second degree or for a felony drug offense	672
that is a violation of any provision of Chapter 2925., 3719., or	673
4729. of the Revised Code for which a presumption in favor of a	674
prison term is specified as being applicable if it makes both of	675
the following findings:	676

(a) A community control sanction or a combination of	677
community control sanctions would adequately punish the offender	678
and protect the public from future crime, because the applicable	679
factors under section 2929.12 of the Revised Code indicating a	680
lesser likelihood of recidivism outweigh the applicable factors	681
under that section indicating a greater likelihood of recidivism.	682

(b) A community control sanction or a combination of	683
community control sanctions would not demean the seriousness of	684
the offense, because one or more factors under section 2929.12 of	685
the Revised Code that indicate that the offender's conduct was	686
less serious than conduct normally constituting the offense are	687
applicable, and they outweigh the applicable factors under that	688
section that indicate that the offender's conduct was more serious	689
than conduct normally constituting the offense.	690

(E)(1) Except as provided in division (F) of this section,	691
for any drug offense that is a violation of any provision of	692
Chapter 2925. of the Revised Code and that is a felony of the	693
third, fourth, or fifth degree, the applicability of a presumption	694
under division (D) of this section in favor of a prison term or of	695
division (B) or (C) of this section in determining whether to	696
impose a prison term for the offense shall be determined as	697
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	698
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	699
Revised Code, whichever is applicable regarding the violation.	700

(2) If an offender who was convicted of or pleaded guilty to	701
a felony violates the conditions of a community control sanction	702
imposed for the offense solely by reason of producing positive	703
results on a drug test, the court, as punishment for the violation	704
of the sanction, shall not order that the offender be imprisoned	705
unless the court determines on the record either of the following:	706

(a) The offender had been ordered as a sanction for the	707
felony to participate in a drug treatment program, in a drug	708
education program, or in narcotics anonymous or a similar program,	709
and the offender continued to use illegal drugs after a reasonable	710
period of participation in the program.	711

(b) The imprisonment of the offender for the violation is	712
consistent with the purposes and principles of sentencing set	713
forth in section 2929.11 of the Revised Code.	714

(3) A court that sentences an offender for a drug abuse	715
offense that is a felony of the third, fourth, or fifth degree may	716
require that the offender be assessed by a properly credentialed	717
professional within a specified period of time. The court shall	718
require the professional to file a written assessment of the	719
offender with the court. If the offender is eligible for a	720
community control sanction and after considering the written	721
assessment, the court may impose a community control sanction that	722
includes treatment and recovery support services authorized by	723
section 3793.02 of the Revised Code. If the court imposes	724
treatment and recovery support services as a community control	725
sanction, the court shall direct the level and type of treatment	726
and recovery support services after considering the assessment and	727
recommendation of treatment and recovery support services	728
providers.	729

(F) Notwithstanding divisions (A) to (E) of this section, the	730
court shall impose a prison term or terms under sections 2929.02	731
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	732
of the Revised Code and except as specifically provided in section	733
2929.20 or 2967.191 of the Revised Code or when parole is	734
authorized for the offense under section 2967.13 of the Revised	735
Code shall not reduce the term or terms pursuant to section	736
2929.20, section 2967.193, or any other provision of Chapter 2967.	737
or Chapter 5120. of the Revised Code for any of the following	738
offenses:	739

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

740

(2) Any rape, regardless of whether force was involved and	741
regardless of the age of the victim, or an attempt to commit rape	742
if, had the offender completed the rape that was attempted, the	743
offender would have been guilty of a violation of division	744
(A)(1)(b) of section 2907.02 of the Revised Code and would be	745
sentenced under section 2971.03 of the Revised Code;	746

(3) Gross sexual imposition or sexual battery, if the victim	747
is less than thirteen years of age and if any of the following	748
applies:	749

(a) Regarding gross sexual imposition, the offender	750
previously was convicted of or pleaded guilty to rape, the former	751
offense of felonious sexual penetration, gross sexual imposition,	752
or sexual battery, and the victim of the previous offense was less	753
than thirteen years of age;	754

(b) Regarding gross sexual imposition, the offense was	755
committed on or after August 3, 2006, and evidence other than the	756
testimony of the victim was admitted in the case corroborating the	757
violation.	758

(c) Regarding sexual battery, either of the following	759
applies:	760

(i) The offense was committed prior to August 3, 2006, the	761
offender previously was convicted of or pleaded guilty to rape,	762
the former offense of felonious sexual penetration, or sexual	763
battery, and the victim of the previous offense was less than	764
thirteen years of age.	765

(ii) The offense is a violation of division (A)(7), (8), or	766
(9) of section 2907.03 of the Revised Code that was committed on	767
or after August 3, 2006, and prior to the effective date of this	768
amendment, or the offense is a violation of any other division of	769
section 2907.03 of the Revised Code that was committed on or after	770
August 3, 2006.	771

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	772
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	773
section requires the imposition of a prison term;	774

(5) A first, second, or third degree felony drug offense for	775
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	776
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	777
4729.99 of the Revised Code, whichever is applicable regarding the	778
violation, requires the imposition of a mandatory prison term;	779

(6) Any offense that is a first or second degree felony and	780
that is not set forth in division (F)(1), (2), (3), or (4) of this	781
section, if the offender previously was convicted of or pleaded	782
guilty to aggravated murder, murder, any first or second degree	783
felony, or an offense under an existing or former law of this	784
state, another state, or the United States that is or was	785
substantially equivalent to one of those offenses;	786

(7) Any offense that is a third degree felony and either is a	787
violation of section 2903.04 of the Revised Code or an attempt to	788
commit a felony of the second degree that is an offense of	789
violence and involved an attempt to cause serious physical harm to	790
a person or that resulted in serious physical harm to a person if	791
the offender previously was convicted of or pleaded guilty to any	792
of the following offenses:	793

(a) Aggravated murder, murder, involuntary manslaughter,	794
rape, felonious sexual penetration as it existed under section	795
2907.12 of the Revised Code prior to September 3, 1996, a felony	796
of the first or second degree that resulted in the death of a	797
person or in physical harm to a person, or complicity in or an	798
attempt to commit any of those offenses;	799

(b) An offense under an existing or former law of this state,	800
another state, or the United States that is or was substantially	801
equivalent to an offense listed in division (F)(7)(a) of this	802
section that resulted in the death of a person or in physical harm	803
to a person.	804

(8) Any offense, other than a violation of section 2923.12 of	805
the Revised Code, that is a felony, if the offender had a firearm	806
on or about the offender's person or under the offender's control	807
while committing the felony, with respect to a portion of the	808
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	809
of the Revised Code for having the firearm;	810

(9) Any offense of violence that is a felony, if the offender	811
wore or carried body armor while committing the felony offense of	812
violence, with respect to the portion of the sentence imposed	813
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	814
Code for wearing or carrying the body armor;	815

(10) Corrupt activity in violation of section 2923.32 of the	816
Revised Code when the most serious offense in the pattern of	817
corrupt activity that is the basis of the offense is a felony of	818
the first degree;	819

(11) Any violent sex offense or designated homicide, assault,	820
or kidnapping offense if, in relation to that offense, the	821
offender is adjudicated a sexually violent predator;	822

(12) A violation of division (A)(1) or (2) of section 2921.36	823
of the Revised Code, or a violation of division (C) of that	824
section involving an item listed in division (A)(1) or (2) of that	825
section, if the offender is an officer or employee of the	826
department of rehabilitation and correction;	827

(13) A violation of division (A)(1) or (2) of section 2903.06	828
of the Revised Code if the victim of the offense is a peace	829
officer, as defined in section 2935.01 of the Revised Code, or an	830
investigator of the bureau of criminal identification and	831
investigation, as defined in section 2903.11 of the Revised Code,	832
with respect to the portion of the sentence imposed pursuant to	833
division (D)(5) of section 2929.14 of the Revised Code;	834

(14) A violation of division (A)(1) or (2) of section 2903.06	835
of the Revised Code if the offender has been convicted of or	836
pleaded guilty to three or more violations of division (A) or (B)	837
of section 4511.19 of the Revised Code or an equivalent offense,	838
as defined in section 2941.1415 of the Revised Code, or three or	839
more violations of any combination of those divisions and	840
offenses, with respect to the portion of the sentence imposed	841
pursuant to division (D)(6) of section 2929.14 of the Revised	842
Code;	843

(15) Kidnapping, in the circumstances specified in section	844
2971.03 of the Revised Code and when no other provision of	845
division (F) of this section applies;	846

(16) Kidnapping, abduction, compelling prostitution,	847
promoting prostitution, engaging in a pattern of corrupt activity,	848
illegal use of a minor in a nudity-oriented material or	849
performance in violation of division (A)(1) or (2) of section	850
2907.323 of the Revised Code, or endangering children in violation	851
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	852
the Revised Code, if the offender is convicted of or pleads guilty	853
to a specification as described in section 2941.1422 of the	854
Revised Code that was included in the indictment, count in the	855
indictment, or information charging the offense;	856

(17) A felony violation of division (A) or (B) of section	857
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	858
that section, and division (D)(6) of that section, require the	859
imposition of a prison term;	860

(18) A felony violation of section 2903.11, 2903.12, or	861
2903.13 of the Revised Code, if the victim of the offense was a	862
woman that the offender knew was pregnant at the time of the	863
violation, with respect to a portion of the sentence imposed	864
pursuant to division (D)(8) of section 2929.14 of the Revised	865
Code;	866

(19) A felony violation of division (A)(7), (8), or (9) of	867
section 2907.03 or of division (A)(6), (7), or (8) of section	868
2907.06 of the Revised Code, if division (B)(2) or (3) of section	869
2907.03 or division (C) of section 2907.06 of the Revised Code	870
requires the imposition of a prison term;	871

(20) A felony violation of section 2907.04, 2907.05, 2907.07,	872
or 2919.22 of the Revised Code, if the victim was in any	873
circumstance specified in division (A)(1), (2), or (3) of section	874
2941.1424 of the Revised Code and the offender had the type of	875
authority or disciplinary control specified in that division	876
relative to the victim, with respect to the three-year mandatory	877
prison term imposed pursuant to division (D)(9) of section 2929.14	878
of the Revised Code.	879

(G) Notwithstanding divisions (A) to (E) of this section, if	880
an offender is being sentenced for a fourth degree felony OVI	881
offense or for a third degree felony OVI offense, the court shall	882
impose upon the offender a mandatory term of local incarceration	883
or a mandatory prison term in accordance with the following:	884

(1) If the offender is being sentenced for a fourth degree	885
felony OVI offense and if the offender has not been convicted of	886
and has not pleaded guilty to a specification of the type	887
described in section 2941.1413 of the Revised Code, the court may	888
impose upon the offender a mandatory term of local incarceration	889
of sixty days or one hundred twenty days as specified in division	890
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	891
not reduce the term pursuant to section 2929.20, 2967.193, or any	892
other provision of the Revised Code. The court that imposes a	893
mandatory term of local incarceration under this division shall	894
specify whether the term is to be served in a jail, a	895
community-based correctional facility, a halfway house, or an	896
alternative residential facility, and the offender shall serve the	897
term in the type of facility specified by the court. A mandatory	898
term of local incarceration imposed under division (G)(1) of this	899
section is not subject to any other Revised Code provision that	900
pertains to a prison term except as provided in division (A)(1) of	901
this section.	902

(2) If the offender is being sentenced for a third degree	903
felony OVI offense, or if the offender is being sentenced for a	904
fourth degree felony OVI offense and the court does not impose a	905
mandatory term of local incarceration under division (G)(1) of	906
this section, the court shall impose upon the offender a mandatory	907
prison term of one, two, three, four, or five years if the	908
offender also is convicted of or also pleads guilty to a	909
specification of the type described in section 2941.1413 of the	910
Revised Code or shall impose upon the offender a mandatory prison	911
term of sixty days or one hundred twenty days as specified in	912
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	913
if the offender has not been convicted of and has not pleaded	914
guilty to a specification of that type. The court shall not reduce	915
the term pursuant to section 2929.20, 2967.193, or any other	916
provision of the Revised Code. The offender shall serve the one-,	917
two-, three-, four-, or five-year mandatory prison term	918
consecutively to and prior to the prison term imposed for the	919
underlying offense and consecutively to any other mandatory prison	920
term imposed in relation to the offense. In no case shall an	921
offender who once has been sentenced to a mandatory term of local	922
incarceration pursuant to division (G)(1) of this section for a	923
fourth degree felony OVI offense be sentenced to another mandatory	924
term of local incarceration under that division for any violation	925
of division (A) of section 4511.19 of the Revised Code. In	926
addition to the mandatory prison term described in division (G)(2)	927
of this section, the court may sentence the offender to a	928
community control sanction under section 2929.16 or 2929.17 of the	929
Revised Code, but the offender shall serve the prison term prior	930
to serving the community control sanction. The department of	931
rehabilitation and correction may place an offender sentenced to a	932
mandatory prison term under this division in an intensive program	933
prison established pursuant to section 5120.033 of the Revised	934
Code if the department gave the sentencing judge prior notice of	935
its intent to place the offender in an intensive program prison	936
established under that section and if the judge did not notify the	937
department that the judge disapproved the placement. Upon the	938
establishment of the initial intensive program prison pursuant to	939
section 5120.033 of the Revised Code that is privately operated	940
and managed by a contractor pursuant to a contract entered into	941
under section 9.06 of the Revised Code, both of the following	942
apply:	943

(a) The department of rehabilitation and correction shall	944
make a reasonable effort to ensure that a sufficient number of	945
offenders sentenced to a mandatory prison term under this division	946
are placed in the privately operated and managed prison so that	947
the privately operated and managed prison has full occupancy.	948

(b) Unless the privately operated and managed prison has full	949
occupancy, the department of rehabilitation and correction shall	950
not place any offender sentenced to a mandatory prison term under	951
this division in any intensive program prison established pursuant	952
to section 5120.033 of the Revised Code other than the privately	953
operated and managed prison.	954

(H) If an offender is being sentenced for a sexually oriented	955
offense or child-victim oriented offense that is a felony	956
committed on or after January 1, 1997, the judge shall require the	957
offender to submit to a DNA specimen collection procedure pursuant	958
to section 2901.07 of the Revised Code.	959

(I) If an offender is being sentenced for a sexually oriented	960
offense or a child-victim oriented offense committed on or after	961
January 1, 1997, the judge shall include in the sentence a summary	962
of the offender's duties imposed under sections 2950.04, 2950.041,	963
2950.05, and 2950.06 of the Revised Code and the duration of the	964
duties. The judge shall inform the offender, at the time of	965
sentencing, of those duties and of their duration. If required	966
under division (A)(2) of section 2950.03 of the Revised Code, the	967
judge shall perform the duties specified in that section, or, if	968
required under division (A)(6) of section 2950.03 of the Revised	969
Code, the judge shall perform the duties specified in that	970
division.	971

(J)(1) Except as provided in division (J)(2) of this section,	972
when considering sentencing factors under this section in relation	973
to an offender who is convicted of or pleads guilty to an attempt	974
to commit an offense in violation of section 2923.02 of the	975
Revised Code, the sentencing court shall consider the factors	976
applicable to the felony category of the violation of section	977
2923.02 of the Revised Code instead of the factors applicable to	978
the felony category of the offense attempted.	979

(2) When considering sentencing factors under this section in	980
relation to an offender who is convicted of or pleads guilty to an	981
attempt to commit a drug abuse offense for which the penalty is	982
determined by the amount or number of unit doses of the controlled	983
substance involved in the drug abuse offense, the sentencing court	984
shall consider the factors applicable to the felony category that	985
the drug abuse offense attempted would be if that drug abuse	986
offense had been committed and had involved an amount or number of	987
unit doses of the controlled substance that is within the next	988
lower range of controlled substance amounts than was involved in	989
the attempt.	990

(K) As used in this section, "drug abuse offense" has the	991
same meaning as in section 2925.01 of the Revised Code.	992

(L) At the time of sentencing an offender for any sexually	993
oriented offense, if the offender is a tier III sex	994
offender/child-victim offender relative to that offense and the	995
offender does not serve a prison term or jail term, the court may	996
require that the offender be monitored by means of a global	997
positioning device. If the court requires such monitoring, the	998
cost of monitoring shall be borne by the offender. If the offender	999
is indigent, the cost of compliance shall be paid by the crime	1000
victims reparations fund.	1001

Sec. 2929.14.  (A) Except as provided in division (C),	1002
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	1003
(D)(9), (G), (I), (J), or (L) of this section, in division (C) of	1004
section 2907.06 of the Revised Code, or in division (D)(6) of	1005
section 2919.25 of the Revised Code and except in relation to an	1006
offense for which a sentence of death or life imprisonment is to	1007
be imposed, if the court imposing a sentence upon an offender for	1008
a felony elects or is required to impose a prison term on the	1009
offender pursuant to this chapter, the court shall impose a	1010
definite prison term that shall be one of the following:	1011

(1) For a felony of the first degree, the prison term shall	1012
be three, four, five, six, seven, eight, nine, or ten years.	1013

(2) For a felony of the second degree, the prison term shall	1014
be two, three, four, five, six, seven, or eight years.	1015

(3) For a felony of the third degree, the prison term shall	1016
be one, two, three, four, or five years.	1017

(4) For a felony of the fourth degree, the prison term shall	1018
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1019
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1020

(5) For a felony of the fifth degree, the prison term shall	1021
be six, seven, eight, nine, ten, eleven, or twelve months.	1022

(B) Except as provided in division (C), (D)(1), (D)(2),	1023
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (D)(9), (G), (I), (J), or	1024
(L) of this section, in section 2907.02, 2907.03, 2907.05,	1025
2907.06, or 2919.25 of the Revised Code, or in Chapter 2925. of	1026
the Revised Code, if the court imposing a sentence upon an	1027
offender for a felony elects or is required to impose a prison	1028
term on the offender, the court shall impose the shortest prison	1029
term authorized for the offense pursuant to division (A) of this	1030
section, unless one or more of the following applies:	1031

(1) The offender was serving a prison term at the time of the	1032
offense, or the offender previously had served a prison term.	1033

(2) The court finds on the record that the shortest prison	1034
term will demean the seriousness of the offender's conduct or will	1035
not adequately protect the public from future crime by the	1036
offender or others.	1037

(C) Except as provided in division (D)(7), (D)(8), (D)(9),	1038
(G), or (L) of this section, in section 2907.03, 2907.06, or	1039
2919.25 of the Revised Code, or in Chapter 2925. of the Revised	1040
Code, the court imposing a sentence upon an offender for a felony	1041
may impose the longest prison term authorized for the offense	1042
pursuant to division (A) of this section only upon offenders who	1043
committed the worst forms of the offense, upon offenders who pose	1044
the greatest likelihood of committing future crimes, upon certain	1045
major drug offenders under division (D)(3) of this section, and	1046
upon certain repeat violent offenders in accordance with division	1047
(D)(2) of this section.	1048

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1049
section, if an offender who is convicted of or pleads guilty to a	1050
felony also is convicted of or pleads guilty to a specification of	1051
the type described in section 2941.141, 2941.144, or 2941.145 of	1052
the Revised Code, the court shall impose on the offender one of	1053
the following prison terms:	1054

(i) A prison term of six years if the specification is of the	1055
type described in section 2941.144 of the Revised Code that	1056
charges the offender with having a firearm that is an automatic	1057
firearm or that was equipped with a firearm muffler or silencer on	1058
or about the offender's person or under the offender's control	1059
while committing the felony;	1060

(ii) A prison term of three years if the specification is of	1061
the type described in section 2941.145 of the Revised Code that	1062
charges the offender with having a firearm on or about the	1063
offender's person or under the offender's control while committing	1064
the offense and displaying the firearm, brandishing the firearm,	1065
indicating that the offender possessed the firearm, or using it to	1066
facilitate the offense;	1067

(iii) A prison term of one year if the specification is of	1068
the type described in section 2941.141 of the Revised Code that	1069
charges the offender with having a firearm on or about the	1070
offender's person or under the offender's control while committing	1071
the felony.	1072

(b) If a court imposes a prison term on an offender under	1073
division (D)(1)(a) of this section, the prison term shall not be	1074
reduced pursuant to section 2929.20, section 2967.193, or any	1075
other provision of Chapter 2967. or Chapter 5120. of the Revised	1076
Code. Except as provided in division (D)(1)(g) of this section, a	1077
court shall not impose more than one prison term on an offender	1078
under division (D)(1)(a) of this section for felonies committed as	1079
part of the same act or transaction.	1080

(c) Except as provided in division (D)(1)(e) of this section,	1081
if an offender who is convicted of or pleads guilty to a violation	1082
of section 2923.161 of the Revised Code or to a felony that	1083
includes, as an essential element, purposely or knowingly causing	1084
or attempting to cause the death of or physical harm to another,	1085
also is convicted of or pleads guilty to a specification of the	1086
type described in section 2941.146 of the Revised Code that	1087
charges the offender with committing the offense by discharging a	1088
firearm from a motor vehicle other than a manufactured home, the	1089
court, after imposing a prison term on the offender for the	1090
violation of section 2923.161 of the Revised Code or for the other	1091
felony offense under division (A), (D)(2), or (D)(3) of this	1092
section, shall impose an additional prison term of five years upon	1093
the offender that shall not be reduced pursuant to section	1094
2929.20, section 2967.193, or any other provision of Chapter 2967.	1095
or Chapter 5120. of the Revised Code. A court shall not impose	1096
more than one additional prison term on an offender under division	1097
(D)(1)(c) of this section for felonies committed as part of the	1098
same act or transaction. If a court imposes an additional prison	1099
term on an offender under division (D)(1)(c) of this section	1100
relative to an offense, the court also shall impose a prison term	1101
under division (D)(1)(a) of this section relative to the same	1102
offense, provided the criteria specified in that division for	1103
imposing an additional prison term are satisfied relative to the	1104
offender and the offense.	1105

(d) If an offender who is convicted of or pleads guilty to an	1106
offense of violence that is a felony also is convicted of or	1107
pleads guilty to a specification of the type described in section	1108
2941.1411 of the Revised Code that charges the offender with	1109
wearing or carrying body armor while committing the felony offense	1110
of violence, the court shall impose on the offender a prison term	1111
of two years. The prison term so imposed shall not be reduced	1112
pursuant to section 2929.20, section 2967.193, or any other	1113
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1114
court shall not impose more than one prison term on an offender	1115
under division (D)(1)(d) of this section for felonies committed as	1116
part of the same act or transaction. If a court imposes an	1117
additional prison term under division (D)(1)(a) or (c) of this	1118
section, the court is not precluded from imposing an additional	1119
prison term under division (D)(1)(d) of this section.	1120

(e) The court shall not impose any of the prison terms	1121
described in division (D)(1)(a) of this section or any of the	1122
additional prison terms described in division (D)(1)(c) of this	1123
section upon an offender for a violation of section 2923.12 or	1124
2923.123 of the Revised Code. The court shall not impose any of	1125
the prison terms described in division (D)(1)(a) or (b) of this	1126
section upon an offender for a violation of section 2923.122 that	1127
involves a deadly weapon that is a firearm other than a dangerous	1128
ordnance, section 2923.16, or section 2923.121 of the Revised	1129
Code. The court shall not impose any of the prison terms described	1130
in division (D)(1)(a) of this section or any of the additional	1131
prison terms described in division (D)(1)(c) of this section upon	1132
an offender for a violation of section 2923.13 of the Revised Code	1133
unless all of the following apply:	1134

(i) The offender previously has been convicted of aggravated	1135
murder, murder, or any felony of the first or second degree.	1136

(ii) Less than five years have passed since the offender was	1137
released from prison or post-release control, whichever is later,	1138
for the prior offense.	1139

(f) If an offender is convicted of or pleads guilty to a	1140
felony that includes, as an essential element, causing or	1141
attempting to cause the death of or physical harm to another and	1142
also is convicted of or pleads guilty to a specification of the	1143
type described in section 2941.1412 of the Revised Code that	1144
charges the offender with committing the offense by discharging a	1145
firearm at a peace officer as defined in section 2935.01 of the	1146
Revised Code or a corrections officer, as defined in section	1147
2941.1412 of the Revised Code, the court, after imposing a prison	1148
term on the offender for the felony offense under division (A),	1149
(D)(2), or (D)(3) of this section, shall impose an additional	1150
prison term of seven years upon the offender that shall not be	1151
reduced pursuant to section 2929.20, section 2967.193, or any	1152
other provision of Chapter 2967. or Chapter 5120. of the Revised	1153
Code. If an offender is convicted of or pleads guilty to two or	1154
more felonies that include, as an essential element, causing or	1155
attempting to cause the death or physical harm to another and also	1156
is convicted of or pleads guilty to a specification of the type	1157
described under division (D)(1)(f) of this section in connection	1158
with two or more of the felonies of which the offender is	1159
convicted or to which the offender pleads guilty, the sentencing	1160
court shall impose on the offender the prison term specified under	1161
division (D)(1)(f) of this section for each of two of the	1162
specifications of which the offender is convicted or to which the	1163
offender pleads guilty and, in its discretion, also may impose on	1164
the offender the prison term specified under that division for any	1165
or all of the remaining specifications. If a court imposes an	1166
additional prison term on an offender under division (D)(1)(f) of	1167
this section relative to an offense, the court shall not impose a	1168
prison term under division (D)(1)(a) or (c) of this section	1169
relative to the same offense.	1170

(g) If an offender is convicted of or pleads guilty to two or	1171
more felonies, if one or more of those felonies is aggravated	1172
murder, murder, attempted aggravated murder, attempted murder,	1173
aggravated robbery, felonious assault, or rape, and if the	1174
offender is convicted of or pleads guilty to a specification of	1175
the type described under division (D)(1)(a) of this section in	1176
connection with two or more of the felonies, the sentencing court	1177
shall impose on the offender the prison term specified under	1178
division (D)(1)(a) of this section for each of the two most	1179
serious specifications of which the offender is convicted or to	1180
which the offender pleads guilty and, in its discretion, also may	1181
impose on the offender the prison term specified under that	1182
division for any or all of the remaining specifications.	1183

(2)(a) If division (D)(2)(b) of this section does not apply,	1184
the court may impose on an offender, in addition to the longest	1185
prison term authorized or required for the offense, an additional	1186
definite prison term of one, two, three, four, five, six, seven,	1187
eight, nine, or ten years if all of the following criteria are	1188
met:	1189

(i) The offender is convicted of or pleads guilty to a	1190
specification of the type described in section 2941.149 of the	1191
Revised Code that the offender is a repeat violent offender.	1192

(ii) The offense of which the offender currently is convicted	1193
or to which the offender currently pleads guilty is aggravated	1194
murder and the court does not impose a sentence of death or life	1195
imprisonment without parole, murder, terrorism and the court does	1196
not impose a sentence of life imprisonment without parole, any	1197
felony of the first degree that is an offense of violence and the	1198
court does not impose a sentence of life imprisonment without	1199
parole, or any felony of the second degree that is an offense of	1200
violence and the trier of fact finds that the offense involved an	1201
attempt to cause or a threat to cause serious physical harm to a	1202
person or resulted in serious physical harm to a person.	1203

(iii) The court imposes the longest prison term for the	1204
offense that is not life imprisonment without parole.	1205

(iv) The court finds that the prison terms imposed pursuant	1206
to division (D)(2)(a)(iii) of this section and, if applicable,	1207
division (D)(1) or (3) of this section are inadequate to punish	1208
the offender and protect the public from future crime, because the	1209
applicable factors under section 2929.12 of the Revised Code	1210
indicating a greater likelihood of recidivism outweigh the	1211
applicable factors under that section indicating a lesser	1212
likelihood of recidivism.	1213

(v) The court finds that the prison terms imposed pursuant to	1214
division (D)(2)(a)(iii) of this section and, if applicable,	1215
division (D)(1) or (3) of this section are demeaning to the	1216
seriousness of the offense, because one or more of the factors	1217
under section 2929.12 of the Revised Code indicating that the	1218
offender's conduct is more serious than conduct normally	1219
constituting the offense are present, and they outweigh the	1220
applicable factors under that section indicating that the	1221
offender's conduct is less serious than conduct normally	1222
constituting the offense.	1223

(b) The court shall impose on an offender the longest prison	1224
term authorized or required for the offense and shall impose on	1225
the offender an additional definite prison term of one, two,	1226
three, four, five, six, seven, eight, nine, or ten years if all of	1227
the following criteria are met:	1228

(i) The offender is convicted of or pleads guilty to a	1229
specification of the type described in section 2941.149 of the	1230
Revised Code that the offender is a repeat violent offender.	1231

(ii) The offender within the preceding twenty years has been	1232
convicted of or pleaded guilty to three or more offenses described	1233
in division (CC)(1) of section 2929.01 of the Revised Code,	1234
including all offenses described in that division of which the	1235
offender is convicted or to which the offender pleads guilty in	1236
the current prosecution and all offenses described in that	1237
division of which the offender previously has been convicted or to	1238
which the offender previously pleaded guilty, whether prosecuted	1239
together or separately.	1240

(iii) The offense or offenses of which the offender currently	1241
is convicted or to which the offender currently pleads guilty is	1242
aggravated murder and the court does not impose a sentence of	1243
death or life imprisonment without parole, murder, terrorism and	1244
the court does not impose a sentence of life imprisonment without	1245
parole, any felony of the first degree that is an offense of	1246
violence and the court does not impose a sentence of life	1247
imprisonment without parole, or any felony of the second degree	1248
that is an offense of violence and the trier of fact finds that	1249
the offense involved an attempt to cause or a threat to cause	1250
serious physical harm to a person or resulted in serious physical	1251
harm to a person.	1252

(c) For purposes of division (D)(2)(b) of this section, two	1253
or more offenses committed at the same time or as part of the same	1254
act or event shall be considered one offense, and that one offense	1255
shall be the offense with the greatest penalty.	1256

(d) A sentence imposed under division (D)(2)(a) or (b) of	1257
this section shall not be reduced pursuant to section 2929.20 or	1258
section 2967.193, or any other provision of Chapter 2967. or	1259
Chapter 5120. of the Revised Code. The offender shall serve an	1260
additional prison term imposed under this section consecutively to	1261
and prior to the prison term imposed for the underlying offense.	1262

(e) When imposing a sentence pursuant to division (D)(2)(a)	1263
or (b) of this section, the court shall state its findings	1264
explaining the imposed sentence.	1265

(3)(a) Except when an offender commits a violation of section	1266
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1267
the violation is life imprisonment or commits a violation of	1268
section 2903.02 of the Revised Code, if the offender commits a	1269
violation of section 2925.03 or 2925.11 of the Revised Code and	1270
that section classifies the offender as a major drug offender and	1271
requires the imposition of a ten-year prison term on the offender,	1272
if the offender commits a felony violation of section 2925.02,	1273
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1274
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1275
division (C) of section 4729.51, or division (J) of section	1276
4729.54 of the Revised Code that includes the sale, offer to sell,	1277
or possession of a schedule I or II controlled substance, with the	1278
exception of marihuana, and the court imposing sentence upon the	1279
offender finds that the offender is guilty of a specification of	1280
the type described in section 2941.1410 of the Revised Code	1281
charging that the offender is a major drug offender, if the court	1282
imposing sentence upon an offender for a felony finds that the	1283
offender is guilty of corrupt activity with the most serious	1284
offense in the pattern of corrupt activity being a felony of the	1285
first degree, or if the offender is guilty of an attempted	1286
violation of section 2907.02 of the Revised Code and, had the	1287
offender completed the violation of section 2907.02 of the Revised	1288
Code that was attempted, the offender would have been subject to a	1289
sentence of life imprisonment or life imprisonment without parole	1290
for the violation of section 2907.02 of the Revised Code, the	1291
court shall impose upon the offender for the felony violation a	1292
ten-year prison term that cannot be reduced pursuant to section	1293
2929.20 or Chapter 2967. or 5120. of the Revised Code.	1294

(b) The court imposing a prison term on an offender under	1295
division (D)(3)(a) of this section may impose an additional prison	1296
term of one, two, three, four, five, six, seven, eight, nine, or	1297
ten years, if the court, with respect to the term imposed under	1298
division (D)(3)(a) of this section and, if applicable, divisions	1299
(D)(1) and (2) of this section, makes both of the findings set	1300
forth in divisions (D)(2)(a)(iv) and (v) of this section.	1301

(4) If the offender is being sentenced for a third or fourth	1302
degree felony OVI offense under division (G)(2) of section 2929.13	1303
of the Revised Code, the sentencing court shall impose upon the	1304
offender a mandatory prison term in accordance with that division.	1305
In addition to the mandatory prison term, if the offender is being	1306
sentenced for a fourth degree felony OVI offense, the court,	1307
notwithstanding division (A)(4) of this section, may sentence the	1308
offender to a definite prison term of not less than six months and	1309
not more than thirty months, and if the offender is being	1310
sentenced for a third degree felony OVI offense, the sentencing	1311
court may sentence the offender to an additional prison term of	1312
any duration specified in division (A)(3) of this section. In	1313
either case, the additional prison term imposed shall be reduced	1314
by the sixty or one hundred twenty days imposed upon the offender	1315
as the mandatory prison term. The total of the additional prison	1316
term imposed under division (D)(4) of this section plus the sixty	1317
or one hundred twenty days imposed as the mandatory prison term	1318
shall equal a definite term in the range of six months to thirty	1319
months for a fourth degree felony OVI offense and shall equal one	1320
of the authorized prison terms specified in division (A)(3) of	1321
this section for a third degree felony OVI offense. If the court	1322
imposes an additional prison term under division (D)(4) of this	1323
section, the offender shall serve the additional prison term after	1324
the offender has served the mandatory prison term required for the	1325
offense. In addition to the mandatory prison term or mandatory and	1326
additional prison term imposed as described in division (D)(4) of	1327
this section, the court also may sentence the offender to a	1328
community control sanction under section 2929.16 or 2929.17 of the	1329
Revised Code, but the offender shall serve all of the prison terms	1330
so imposed prior to serving the community control sanction.	1331

If the offender is being sentenced for a fourth degree felony	1332
OVI offense under division (G)(1) of section 2929.13 of the	1333
Revised Code and the court imposes a mandatory term of local	1334
incarceration, the court may impose a prison term as described in	1335
division (A)(1) of that section.	1336

(5) If an offender is convicted of or pleads guilty to a	1337
violation of division (A)(1) or (2) of section 2903.06 of the	1338
Revised Code and also is convicted of or pleads guilty to a	1339
specification of the type described in section 2941.1414 of the	1340
Revised Code that charges that the victim of the offense is a	1341
peace officer, as defined in section 2935.01 of the Revised Code,	1342
or an investigator of the bureau of criminal identification and	1343
investigation, as defined in section 2903.11 of the Revised Code,	1344
the court shall impose on the offender a prison term of five	1345
years. If a court imposes a prison term on an offender under	1346
division (D)(5) of this section, the prison term shall not be	1347
reduced pursuant to section 2929.20, section 2967.193, or any	1348
other provision of Chapter 2967. or Chapter 5120. of the Revised	1349
Code. A court shall not impose more than one prison term on an	1350
offender under division (D)(5) of this section for felonies	1351
committed as part of the same act.	1352

(6) If an offender is convicted of or pleads guilty to a	1353
violation of division (A)(1) or (2) of section 2903.06 of the	1354
Revised Code and also is convicted of or pleads guilty to a	1355
specification of the type described in section 2941.1415 of the	1356
Revised Code that charges that the offender previously has been	1357
convicted of or pleaded guilty to three or more violations of	1358
division (A) or (B) of section 4511.19 of the Revised Code or an	1359
equivalent offense, as defined in section 2941.1415 of the Revised	1360
Code, or three or more violations of any combination of those	1361
divisions and offenses, the court shall impose on the offender a	1362
prison term of three years. If a court imposes a prison term on an	1363
offender under division (D)(6) of this section, the prison term	1364
shall not be reduced pursuant to section 2929.20, section	1365
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1366
of the Revised Code. A court shall not impose more than one prison	1367
term on an offender under division (D)(6) of this section for	1368
felonies committed as part of the same act.	1369

(7)(a) If an offender is convicted of or pleads guilty to a	1370
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	1371
2923.32, division (A)(1) or (2) of section 2907.323, or division	1372
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	1373
Code and also is convicted of or pleads guilty to a specification	1374
of the type described in section 2941.1422 of the Revised Code	1375
that charges that the offender knowingly committed the offense in	1376
furtherance of human trafficking, the court shall impose on the	1377
offender a mandatory prison term that is one of the following:	1378

(i) If the offense is a felony of the first degree, a	1379
definite prison term of not less than five years and not greater	1380
than ten years;	1381

(ii) If the offense is a felony of the second or third	1382
degree, a definite prison term of not less than three years and	1383
not greater than the maximum prison term allowed for the offense	1384
by division (A) of section 2929.14 of the Revised Code;	1385

(iii) If the offense is a felony of the fourth or fifth	1386
degree, a definite prison term that is the maximum prison term	1387
allowed for the offense by division (A) of section 2929.14 of the	1388
Revised Code.	1389

(b) The prison term imposed under division (D)(7)(a) of this	1390
section shall not be reduced pursuant to section 2929.20, section	1391
2967.193, or any other provision of Chapter 2967. of the Revised	1392
Code. A court shall not impose more than one prison term on an	1393
offender under division (D)(7)(a) of this section for felonies	1394
committed as part of the same act, scheme, or plan.	1395

(8) If an offender is convicted of or pleads guilty to a	1396
felony violation of section 2903.11, 2903.12, or 2903.13 of the	1397
Revised Code and also is convicted of or pleads guilty to a	1398
specification of the type described in section 2941.1423 of the	1399
Revised Code that charges that the victim of the violation was a	1400
woman whom the offender knew was pregnant at the time of the	1401
violation, notwithstanding the range of prison terms prescribed in	1402
division (A) of this section for felonies of the same degree as	1403
the violation, the court shall impose on the offender a mandatory	1404
prison term that is either a definite prison term of six months or	1405
one of the prison terms prescribed in section 2929.14 of the	1406
Revised Code for felonies of the same degree as the violation.	1407

(9) If an offender is convicted of or pleads guilty to a	1408
felony violation of section 2907.04, 2907.05, 2907.07, or 2919.22	1409
of the Revised Code and also is convicted of or pleads guilty to a	1410
specification of the type described in section 2941.1424 of the	1411
Revised Code that charges that the victim was in any circumstance	1412
specified in division (A)(1), (2), or (3) of that section and that	1413
the offender had the type of authority or disciplinary control	1414
specified in that division relative to the victim, the court shall	1415
impose upon the offender a mandatory prison term of three years.	1416
If a court imposes a prison term on an offender under division	1417
(D)(9) of this section, the prison term shall not be reduced	1418
pursuant to section 2929.20, section 2967.193, or any other	1419
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1420
court shall not impose more than one prison term on an offender	1421
under division (D)(9) of this section for felonies committed as	1422
part of the same act.	1423

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	1424
mandatory prison term is imposed upon an offender pursuant to	1425
division (D)(1)(a) of this section for having a firearm on or	1426
about the offender's person or under the offender's control while	1427
committing a felony, if a mandatory prison term is imposed upon an	1428
offender pursuant to division (D)(1)(c) of this section for	1429
committing a felony specified in that division by discharging a	1430
firearm from a motor vehicle, or if both types of mandatory prison	1431
terms are imposed, the offender shall serve any mandatory prison	1432
term imposed under either division consecutively to any other	1433
mandatory prison term imposed under either division or under	1434
division (D)(1)(d) of this section, consecutively to and prior to	1435
any prison term imposed for the underlying felony pursuant to	1436
division (A), (D)(2), or (D)(3) of this section or any other	1437
section of the Revised Code, and consecutively to any other prison	1438
term or mandatory prison term previously or subsequently imposed	1439
upon the offender.	1440

(b) If a mandatory prison term is imposed upon an offender	1441
pursuant to division (D)(1)(d) of this section for wearing or	1442
carrying body armor while committing an offense of violence that	1443
is a felony, the offender shall serve the mandatory term so	1444
imposed consecutively to any other mandatory prison term imposed	1445
under that division or under division (D)(1)(a) or (c) of this	1446
section, consecutively to and prior to any prison term imposed for	1447
the underlying felony under division (A), (D)(2), or (D)(3) of	1448
this section or any other section of the Revised Code, and	1449
consecutively to any other prison term or mandatory prison term	1450
previously or subsequently imposed upon the offender.	1451

(c) If a mandatory prison term is imposed upon an offender	1452
pursuant to division (D)(1)(f) of this section, the offender shall	1453
serve the mandatory prison term so imposed consecutively to and	1454
prior to any prison term imposed for the underlying felony under	1455
division (A), (D)(2), or (D)(3) of this section or any other	1456
section of the Revised Code, and consecutively to any other prison	1457
term or mandatory prison term previously or subsequently imposed	1458
upon the offender.	1459

(d) If a mandatory prison term is imposed upon an offender	1460
pursuant to division (D)(7) or (8) of this section, the offender	1461
shall serve the mandatory prison term so imposed consecutively to	1462
any other mandatory prison term imposed under that division or	1463
under any other provision of law and consecutively to any other	1464
prison term or mandatory prison term previously or subsequently	1465
imposed upon the offender.	1466

(e) An offender shall serve a mandatory prison term imposed	1467
pursuant to division (D)(9) of this section consecutively to any	1468
other mandatory prison term imposed under that division,	1469
consecutively to and prior to any prison term imposed for the	1470
underlying felony under division (A) or (D)(2) or (3) of this	1471
section or any other section of the Revised Code, and	1472
consecutively to any other prison term or mandatory prison term	1473
previously or subsequently imposed upon the offender.	1474

(2) If an offender who is an inmate in a jail, prison, or	1475
other residential detention facility violates section 2917.02,	1476
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1477
who is under detention at a detention facility commits a felony	1478
violation of section 2923.131 of the Revised Code, or if an	1479
offender who is an inmate in a jail, prison, or other residential	1480
detention facility or is under detention at a detention facility	1481
commits another felony while the offender is an escapee in	1482
violation of section 2921.34 of the Revised Code, any prison term	1483
imposed upon the offender for one of those violations shall be	1484
served by the offender consecutively to the prison term or term of	1485
imprisonment the offender was serving when the offender committed	1486
that offense and to any other prison term previously or	1487
subsequently imposed upon the offender.	1488

(3) If a prison term is imposed for a violation of division	1489
(B) of section 2911.01 of the Revised Code, a violation of	1490
division (A) of section 2913.02 of the Revised Code in which the	1491
stolen property is a firearm or dangerous ordnance, or a felony	1492
violation of division (B) of section 2921.331 of the Revised Code,	1493
the offender shall serve that prison term consecutively to any	1494
other prison term or mandatory prison term previously or	1495
subsequently imposed upon the offender.	1496

(4) If multiple prison terms are imposed on an offender for	1497
convictions of multiple offenses, the court may require the	1498
offender to serve the prison terms consecutively if the court	1499
finds that the consecutive service is necessary to protect the	1500
public from future crime or to punish the offender and that	1501
consecutive sentences are not disproportionate to the seriousness	1502
of the offender's conduct and to the danger the offender poses to	1503
the public, and if the court also finds any of the following:	1504

(a) The offender committed one or more of the multiple	1505
offenses while the offender was awaiting trial or sentencing, was	1506
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1507
2929.18 of the Revised Code, or was under post-release control for	1508
a prior offense.	1509

(b) At least two of the multiple offenses were committed as	1510
part of one or more courses of conduct, and the harm caused by two	1511
or more of the multiple offenses so committed was so great or	1512
unusual that no single prison term for any of the offenses	1513
committed as part of any of the courses of conduct adequately	1514
reflects the seriousness of the offender's conduct.	1515

(c) The offender's history of criminal conduct demonstrates	1516
that consecutive sentences are necessary to protect the public	1517
from future crime by the offender.	1518

(5) If a mandatory prison term is imposed upon an offender	1519
pursuant to division (D)(5) or (6) of this section, the offender	1520
shall serve the mandatory prison term consecutively to and prior	1521
to any prison term imposed for the underlying violation of	1522
division (A)(1) or (2) of section 2903.06 of the Revised Code	1523
pursuant to division (A) of this section or section 2929.142 of	1524
the Revised Code. If a mandatory prison term is imposed upon an	1525
offender pursuant to division (D)(5) of this section, and if a	1526
mandatory prison term also is imposed upon the offender pursuant	1527
to division (D)(6) of this section in relation to the same	1528
violation, the offender shall serve the mandatory prison term	1529
imposed pursuant to division (D)(5) of this section consecutively	1530
to and prior to the mandatory prison term imposed pursuant to	1531
division (D)(6) of this section and consecutively to and prior to	1532
any prison term imposed for the underlying violation of division	1533
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	1534
division (A) of this section or section 2929.142 of the Revised	1535
Code.	1536

(6) When consecutive prison terms are imposed pursuant to	1537
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	1538
of this section, the term to be served is the aggregate of all of	1539
the terms so imposed.	1540

(F)(1) If a court imposes a prison term for a felony of the	1541
first degree, for a felony of the second degree, for a felony sex	1542
offense, or for a felony of the third degree that is not a felony	1543
sex offense and in the commission of which the offender caused or	1544
threatened to cause physical harm to a person, it shall include in	1545
the sentence a requirement that the offender be subject to a	1546
period of post-release control after the offender's release from	1547
imprisonment, in accordance with that division. If a court imposes	1548
a sentence including a prison term of a type described in this	1549
division on or after July 11, 2006, the failure of a court to	1550
include a post-release control requirement in the sentence	1551
pursuant to this division does not negate, limit, or otherwise	1552
affect the mandatory period of post-release control that is	1553
required for the offender under division (B) of section 2967.28 of	1554
the Revised Code. Section 2929.191 of the Revised Code applies if,	1555
prior to July 11, 2006, a court imposed a sentence including a	1556
prison term of a type described in this division and failed to	1557
include in the sentence pursuant to this division a statement	1558
regarding post-release control.	1559

(2) If a court imposes a prison term for a felony of the	1560
third, fourth, or fifth degree that is not subject to division	1561
(F)(1) of this section, it shall include in the sentence a	1562
requirement that the offender be subject to a period of	1563
post-release control after the offender's release from	1564
imprisonment, in accordance with that division, if the parole	1565
board determines that a period of post-release control is	1566
necessary. Section 2929.191 of the Revised Code applies if, prior	1567
to July 11, 2006, a court imposed a sentence including a prison	1568
term of a type described in this division and failed to include in	1569
the sentence pursuant to this division a statement regarding	1570
post-release control.	1571

(G) The court shall impose sentence upon the offender in	1572
accordance with section 2971.03 of the Revised Code, and Chapter	1573
2971. of the Revised Code applies regarding the prison term or	1574
term of life imprisonment without parole imposed upon the offender	1575
and the service of that term of imprisonment if any of the	1576
following apply:	1577

(1) A person is convicted of or pleads guilty to a violent	1578
sex offense or a designated homicide, assault, or kidnapping	1579
offense, and, in relation to that offense, the offender is	1580
adjudicated a sexually violent predator.	1581

(2) A person is convicted of or pleads guilty to a violation	1582
of division (A)(1)(b) of section 2907.02 of the Revised Code	1583
committed on or after January 2, 2007, and either the court does	1584
not impose a sentence of life without parole when authorized	1585
pursuant to division (B) of section 2907.02 of the Revised Code,	1586
or division (B) of section 2907.02 of the Revised Code provides	1587
that the court shall not sentence the offender pursuant to section	1588
2971.03 of the Revised Code.	1589

(3) A person is convicted of or pleads guilty to attempted	1590
rape committed on or after January 2, 2007, and a specification of	1591
the type described in section 2941.1418, 2941.1419, or 2941.1420	1592
of the Revised Code.	1593

(4) A person is convicted of or pleads guilty to a violation	1594
of section 2905.01 of the Revised Code committed on or after	1595
January 1, 2008, and that section requires the court to sentence	1596
the offender pursuant to section 2971.03 of the Revised Code.	1597

(5) A person is convicted of or pleads guilty to aggravated	1598
murder committed on or after January 1, 2008, and division	1599
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	1600
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	1601
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	1602
2929.06 of the Revised Code requires the court to sentence the	1603
offender pursuant to division (B)(3) of section 2971.03 of the	1604
Revised Code.	1605

(6) A person is convicted of or pleads guilty to murder	1606
committed on or after January 1, 2008, and division (B)(2) of	1607
section 2929.02 of the Revised Code requires the court to sentence	1608
the offender pursuant to section 2971.03 of the Revised Code.	1609

(H) If a person who has been convicted of or pleaded guilty	1610
to a felony is sentenced to a prison term or term of imprisonment	1611
under this section, sections 2929.02 to 2929.06 of the Revised	1612
Code, section 2929.142 of the Revised Code, section 2971.03 of the	1613
Revised Code, or any other provision of law, section 5120.163 of	1614
the Revised Code applies regarding the person while the person is	1615
confined in a state correctional institution.	1616

(I) If an offender who is convicted of or pleads guilty to a	1617
felony that is an offense of violence also is convicted of or	1618
pleads guilty to a specification of the type described in section	1619
2941.142 of the Revised Code that charges the offender with having	1620
committed the felony while participating in a criminal gang, the	1621
court shall impose upon the offender an additional prison term of	1622
one, two, or three years.	1623

(J)(1) If an offender who is convicted of or pleads guilty to	1624
aggravated murder, murder, or a felony of the first, second, or	1625
third degree that is an offense of violence also is convicted of	1626
or pleads guilty to a specification of the type described in	1627
section 2941.143 of the Revised Code that charges the offender	1628
with having committed the offense in a school safety zone or	1629
towards a person in a school safety zone, the court shall impose	1630
upon the offender an additional prison term of two years. The	1631
offender shall serve the additional two years consecutively to and	1632
prior to the prison term imposed for the underlying offense.	1633

(2)(a) If an offender is convicted of or pleads guilty to a	1634
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1635
of the Revised Code and to a specification of the type described	1636
in section 2941.1421 of the Revised Code and if the court imposes	1637
a prison term on the offender for the felony violation, the court	1638
may impose upon the offender an additional prison term as follows:	1639

(i) Subject to division (J)(2)(a)(ii) of this section, an	1640
additional prison term of one, two, three, four, five, or six	1641
months;	1642

(ii) If the offender previously has been convicted of or	1643
pleaded guilty to one or more felony or misdemeanor violations of	1644
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1645
Revised Code and also was convicted of or pleaded guilty to a	1646
specification of the type described in section 2941.1421 of the	1647
Revised Code regarding one or more of those violations, an	1648
additional prison term of one, two, three, four, five, six, seven,	1649
eight, nine, ten, eleven, or twelve months.	1650

(b) In lieu of imposing an additional prison term under	1651
division (J)(2)(a) of this section, the court may directly impose	1652
on the offender a sanction that requires the offender to wear a	1653
real-time processing, continual tracking electronic monitoring	1654
device during the period of time specified by the court. The	1655
period of time specified by the court shall equal the duration of	1656
an additional prison term that the court could have imposed upon	1657
the offender under division (J)(2)(a) of this section. A sanction	1658
imposed under this division shall commence on the date specified	1659
by the court, provided that the sanction shall not commence until	1660
after the offender has served the prison term imposed for the	1661
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	1662
of the Revised Code and any residential sanction imposed for the	1663
violation under section 2929.16 of the Revised Code. A sanction	1664
imposed under this division shall be considered to be a community	1665
control sanction for purposes of section 2929.15 of the Revised	1666
Code, and all provisions of the Revised Code that pertain to	1667
community control sanctions shall apply to a sanction imposed	1668
under this division, except to the extent that they would by their	1669
nature be clearly inapplicable. The offender shall pay all costs	1670
associated with a sanction imposed under this division, including	1671
the cost of the use of the monitoring device.	1672

(K) At the time of sentencing, the court may recommend the	1673
offender for placement in a program of shock incarceration under	1674
section 5120.031 of the Revised Code or for placement in an	1675
intensive program prison under section 5120.032 of the Revised	1676
Code, disapprove placement of the offender in a program of shock	1677
incarceration or an intensive program prison of that nature, or	1678
make no recommendation on placement of the offender. In no case	1679
shall the department of rehabilitation and correction place the	1680
offender in a program or prison of that nature unless the	1681
department determines as specified in section 5120.031 or 5120.032	1682
of the Revised Code, whichever is applicable, that the offender is	1683
eligible for the placement.	1684

If the court disapproves placement of the offender in a	1685
program or prison of that nature, the department of rehabilitation	1686
and correction shall not place the offender in any program of	1687
shock incarceration or intensive program prison.	1688

If the court recommends placement of the offender in a	1689
program of shock incarceration or in an intensive program prison,	1690
and if the offender is subsequently placed in the recommended	1691
program or prison, the department shall notify the court of the	1692
placement and shall include with the notice a brief description of	1693
the placement.	1694

If the court recommends placement of the offender in a	1695
program of shock incarceration or in an intensive program prison	1696
and the department does not subsequently place the offender in the	1697
recommended program or prison, the department shall send a notice	1698
to the court indicating why the offender was not placed in the	1699
recommended program or prison.	1700

If the court does not make a recommendation under this	1701
division with respect to an offender and if the department	1702
determines as specified in section 5120.031 or 5120.032 of the	1703
Revised Code, whichever is applicable, that the offender is	1704
eligible for placement in a program or prison of that nature, the	1705
department shall screen the offender and determine if there is an	1706
available program of shock incarceration or an intensive program	1707
prison for which the offender is suited. If there is an available	1708
program of shock incarceration or an intensive program prison for	1709
which the offender is suited, the department shall notify the	1710
court of the proposed placement of the offender as specified in	1711
section 5120.031 or 5120.032 of the Revised Code and shall include	1712
with the notice a brief description of the placement. The court	1713
shall have ten days from receipt of the notice to disapprove the	1714
placement.	1715

(L) If a person is convicted of or pleads guilty to	1716
aggravated vehicular homicide in violation of division (A)(1) of	1717
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1718
section applies, the person shall be sentenced pursuant to section	1719
2929.142 of the Revised Code.	1720

Sec. 2929.22.  (A) Unless a mandatory jail term is required	1721
to be imposed by section 2929.23 or 2929.24, division (G) of	1722
section 1547.99, division (B) of section 4510.14, division (G) of	1723
section 4511.19 of the Revised Code, or any other provision of the	1724
Revised Code, a court that imposes a sentence under this chapter	1725
upon an offender for a misdemeanor or minor misdemeanor has	1726
discretion to determine the most effective way to achieve the	1727
purposes and principles of sentencing set forth in section 2929.21	1728
of the Revised Code.	1729

Unless a specific sanction is required to be imposed or is	1730
precluded from being imposed by the section setting forth an	1731
offense or the penalty for an offense or by any provision of	1732
sections 2929.23 to 2929.28 of the Revised Code, a court that	1733
imposes a sentence upon an offender for a misdemeanor may impose	1734
on the offender any sanction or combination of sanctions under	1735
sections 2929.24 to 2929.28 of the Revised Code. The court shall	1736
not impose a sentence that imposes an unnecessary burden on local	1737
government resources.	1738

(B)(1) In determining the appropriate sentence for a	1739
misdemeanor, the court shall consider all of the following	1740
factors:	1741

(a) The nature and circumstances of the offense or offenses;

1742

(b) Whether the circumstances regarding the offender and the	1743
offense or offenses indicate that the offender has a history of	1744
persistent criminal activity and that the offender's character and	1745
condition reveal a substantial risk that the offender will commit	1746
another offense;	1747

(c) Whether the circumstances regarding the offender and the	1748
offense or offenses indicate that the offender's history,	1749
character, and condition reveal a substantial risk that the	1750
offender will be a danger to others and that the offender's	1751
conduct has been characterized by a pattern of repetitive,	1752
compulsive, or aggressive behavior with heedless indifference to	1753
the consequences;	1754

(d) Whether the victim's youth, age, disability, or other	1755
factor made the victim particularly vulnerable to the offense or	1756
made the impact of the offense more serious;	1757

(e) Whether the offender is likely to commit future crimes in	1758
general, in addition to the circumstances described in divisions	1759
(B)(1)(b) and (c) of this section.	1760

(2) In determining the appropriate sentence for a	1761
misdemeanor, in addition to complying with division (B)(1) of this	1762
section, the court may consider any other factors that are	1763
relevant to achieving the purposes and principles of sentencing	1764
set forth in section 2929.21 of the Revised Code.	1765

(C) Before imposing a jail term as a sentence for a	1766
misdemeanor, a court shall consider the appropriateness of	1767
imposing a community control sanction or a combination of	1768
community control sanctions under sections 2929.25, 2929.26,	1769
2929.27, and 2929.28 of the Revised Code. A court may impose the	1770
longest jail term authorized under section 2929.24 of the Revised	1771
Code only upon offenders who commit the worst forms of the offense	1772
or upon offenders whose conduct and response to prior sanctions	1773
for prior offenses demonstrate that the imposition of the longest	1774
jail term is necessary to deter the offender from committing a	1775
future crime.	1776

(D)(1) A sentencing court shall consider any relevant oral or	1777
written statement made by the victim, the defendant, the defense	1778
attorney, or the prosecuting authority regarding sentencing for a	1779
misdemeanor. This division does not create any rights to notice	1780
other than those rights authorized by Chapter 2930. of the Revised	1781
Code.	1782

(2) At the time of sentencing for a misdemeanor or as soon as	1783
possible after sentencing, the court shall notify the victim of	1784
the offense of the victim's right to file an application for an	1785
award of reparations pursuant to sections 2743.51 to 2743.72 of	1786
the Revised Code.	1787

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	1788
2929.23 of the Revised Code or division (E) or, (F), (G), or (H)	1789
of this section and unless another term is required or authorized	1790
pursuant to law, if the sentencing court imposing a sentence upon	1791
an offender for a misdemeanor elects or is required to impose a	1792
jail term on the offender pursuant to this chapter, the court	1793
shall impose a definite jail term that shall be one of the	1794
following:	1795

(1) For a misdemeanor of the first degree, not more than one	1796
hundred eighty days;	1797

(2) For a misdemeanor of the second degree, not more than	1798
ninety days;	1799

(3) For a misdemeanor of the third degree, not more than	1800
sixty days;	1801

(4) For a misdemeanor of the fourth degree, not more than	1802
thirty days.	1803

(B)(1) A court that sentences an offender to a jail term	1804
under this section may permit the offender to serve the sentence	1805
in intermittent confinement or may authorize a limited release of	1806
the offender as provided in division (B) of section 2929.26 of the	1807
Revised Code. The court retains jurisdiction over every offender	1808
sentenced to jail to modify the jail sentence imposed at any time,	1809
but the court shall not reduce any mandatory jail term.	1810

(2)(a) If a prosecutor, as defined in section 2935.01 of the	1811
Revised Code, has filed a notice with the court that the	1812
prosecutor wants to be notified about a particular case and if the	1813
court is considering modifying the jail sentence of the offender	1814
in that case, the court shall notify the prosecutor that the court	1815
is considering modifying the jail sentence of the offender in that	1816
case. The prosecutor may request a hearing regarding the court's	1817
consideration of modifying the jail sentence of the offender in	1818
that case, and, if the prosecutor requests a hearing, the court	1819
shall notify the eligible offender of the hearing.	1820

(b) If the prosecutor requests a hearing regarding the	1821
court's consideration of modifying the jail sentence of the	1822
offender in that case, the court shall hold the hearing before	1823
considering whether or not to release the offender from the	1824
offender's jail sentence.	1825

(C) If a court sentences an offender to a jail term under	1826
this section and the court assigns the offender to a county jail	1827
that has established a county jail industry program pursuant to	1828
section 5147.30 of the Revised Code, the court shall specify, as	1829
part of the sentence, whether the offender may be considered for	1830
participation in the program. During the offender's term in the	1831
county jail, the court retains jurisdiction to modify its	1832
specification regarding the offender's participation in the county	1833
jail industry program.	1834

(D) If a person is sentenced to a jail term pursuant to this	1835
section, the court may impose as part of the sentence pursuant to	1836
section 2929.28 of the Revised Code a reimbursement sanction, and,	1837
if the local detention facility in which the term is to be served	1838
is covered by a policy adopted pursuant to section 307.93, 341.14,	1839
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1840
2947.19 of the Revised Code and section 2929.37 of the Revised	1841
Code, both of the following apply:	1842

(1) The court shall specify both of the following as part of	1843
the sentence:	1844

(a) If the person is presented with an itemized bill pursuant	1845
to section 2929.37 of the Revised Code for payment of the costs of	1846
confinement, the person is required to pay the bill in accordance	1847
with that section.	1848

(b) If the person does not dispute the bill described in	1849
division (D)(1)(a) of this section and does not pay the bill by	1850
the times specified in section 2929.37 of the Revised Code, the	1851
clerk of the court may issue a certificate of judgment against the	1852
person as described in that section.	1853

(2) The sentence automatically includes any certificate of	1854
judgment issued as described in division (D)(1)(b) of this	1855
section.	1856

(E) If an offender who is convicted of or pleads guilty to a	1857
violation of division (B) of section 4511.19 of the Revised Code	1858
also is convicted of or also pleads guilty to a specification of	1859
the type described in section 2941.1416 of the Revised Code and if	1860
the court imposes a jail term on the offender for the underlying	1861
offense, the court shall impose upon the offender an additional	1862
definite jail term of not more than six months. The additional	1863
jail term shall not be reduced pursuant to any provision of the	1864
Revised Code. The offender shall serve the additional jail term	1865
consecutively to and prior to the jail term imposed for the	1866
underlying offense and consecutively to any other mandatory term	1867
imposed in relation to the offense.	1868

(F)(1) If an offender is convicted of or pleads guilty to a	1869
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or	1870
2907.25 of the Revised Code and to a specification of the type	1871
described in section 2941.1421 of the Revised Code and if the	1872
court imposes a jail term on the offender for the misdemeanor	1873
violation, the court may impose upon the offender an additional	1874
definite jail term as follows:	1875

(a) Subject to division (F)(1)(b) of this section, an	1876
additional definite jail term of not more than sixty days;	1877

(b) If the offender previously has been convicted of or	1878
pleaded guilty to one or more misdemeanor or felony violations of	1879
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1880
Revised Code and also was convicted of or pleaded guilty to a	1881
specification of the type described in section 2941.1421 of the	1882
Revised Code regarding one or more of those violations, an	1883
additional definite jail term of not more than one hundred twenty	1884
days.	1885

(2) In lieu of imposing an additional definite jail term	1886
under division (F)(1) of this section, the court may directly	1887
impose on the offender a sanction that requires the offender to	1888
wear a real-time processing, continual tracking electronic	1889
monitoring device during the period of time specified by the	1890
court. The period of time specified by the court shall equal the	1891
duration of an additional jail term that the court could have	1892
imposed upon the offender under division (F)(1) of this section. A	1893
sanction imposed under this division shall commence on the date	1894
specified by the court, provided that the sanction shall not	1895
commence until after the offender has served the jail term imposed	1896
for the misdemeanor violation of section 2907.23, 2907.24,	1897
2907.241, or 2907.25 of the Revised Code and any residential	1898
sanction imposed for the violation under section 2929.26 of the	1899
Revised Code. A sanction imposed under this division shall be	1900
considered to be a community control sanction for purposes of	1901
section 2929.25 of the Revised Code, and all provisions of the	1902
Revised Code that pertain to community control sanctions shall	1903
apply to a sanction imposed under this division, except to the	1904
extent that they would by their nature be clearly inapplicable.	1905
The offender shall pay all costs associated with a sanction	1906
imposed under this division, including the cost of the use of the	1907
monitoring device.	1908

(G) If an offender is convicted of or pleads guilty to a	1909
misdemeanor violation of section 2903.13 of the Revised Code and	1910
also is convicted of or pleads guilty to a specification of the	1911
type described in section 2941.1423 of the Revised Code that	1912
charges that the victim of the violation was a woman whom the	1913
offender knew was pregnant at the time of the violation, the court	1914
shall impose on the offender a mandatory jail term that is a	1915
definite term of at least thirty days.	1916

(H) If an offender is convicted of or pleads guilty to a	1917
misdemeanor violation of section 2907.04 or 2919.22 of the Revised	1918
Code and also is convicted of or pleads guilty to a specification	1919
of the type described in section 2941.1424 of the Revised Code	1920
that charges that the victim was in any circumstance specified in	1921
division (A)(1), (2), or (3) of that section and that the offender	1922
had the type of authority or disciplinary control specified in	1923
that division relative to the victim, the court shall impose upon	1924
the offender a mandatory jail term of one year. If a court imposes	1925
a jail term on an offender under this division, the jail term	1926
shall not be reduced pursuant to any provision of the Revised	1927
Code. The offender shall serve the mandatory jail term so imposed	1928
consecutively to and prior to any jail term imposed for the	1929
underlying felony and consecutively to any other mandatory term	1930
imposed in relation to the offense.	1931

Sec. 2941.1424. (A) Imposition of a mandatory prison term	1932
under division (D)(9) of section 2929.14 of the Revised Code or a	1933
mandatory jail term under division (H) of section 2929.24 of the	1934
Revised Code is precluded unless the offender is convicted of or	1935
pleads guilty to a violation of section 2907.04, 2907.05, 2907.07,	1936
or 2919.22 of the Revised Code and unless the indictment, count in	1937
the indictment, or information charging the offense specifies one	1938
of the following:	1939

(1) That the offender is a teacher, administrator, coach, or	1940
other person in authority employed by or serving in a school for	1941
which the state board of education prescribed minimum standards	1942
pursuant to division (D) of section 3301.07 of the Revised Code,	1943
the victim is enrolled in or attends that school, and the offender	1944
is not enrolled in and does not attend that school;	1945

(2) That the victim is a minor, the offender is a teacher,	1946
administrator, coach, or other person in authority employed by or	1947
serving in an institution of higher education, and the victim is	1948
enrolled in or attends that institution;	1949

(3) That the victim is a minor, and the offender is the	1950
victim's athletic or other type of coach, is the victim's	1951
instructor, is the leader of a scouting troop of which the victim	1952
is a member, or is a person with temporary or occasional	1953
disciplinary control over the victim.	1954

(B) The specification required under division (A) of this	1955
section shall be stated at the end of the body of the indictment,	1956
count, or information and shall be stated in substantially the	1957
following form:	1958

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1959
Grand Jurors (or insert the person's or prosecuting attorney's	1960
name when appropriate) further find and specify that (set forth	1961
the actual language of one or more of the circumstances described	1962
in division (A)(1), (2), or (3) of this section, as applicable)."	1963

Section 2. That existing sections 2907.03, 2907.06, 2929.01,	1964
2929.13, 2929.14, 2929.22, and 2929.24 of the Revised Code are	1965
hereby repealed.	1966

Section 3. The General Assembly, applying the principle	1967
stated in division (B) of section 1.52 of the Revised Code that	1968
amendments are to be harmonized if reasonably capable of	1969
simultaneous operation, finds that section 2929.14 of the Revised	1970
Code, as presented in this act, is a composite of the section as	1971
amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280 of the	1972
127th General Assembly and is the resulting version of the section	1973
in effect prior to the effective date of the section as presented	1974
in this act.	1975