Bill Text: OH HB386 | 2009-2010 | 128th General Assembly | Introduced

Ohio House Bill 386 (Prior Session Legislation)

Introduced

Bill Title: To increase from $500 to $1,000 the threshold amount for determining increased penalties for theft-related offenses and for certain elements of "vandalism" and "engaging in a pattern of corrupt activity"; to increase by 50% the other threshold amounts for determining increased penalties for those offenses; to provide that if "nonsupport of dependents" is based on an abandonment of or failure to support a child or a person to whom a court order requires support and is a felony the sentencing court generally must first consider placing the offender on one or more community control sanctions; to eliminate the difference in criminal penalties for crack cocaine and powder cocaine; to revise some of the penalties for trafficking in marihuana or hashish and for possession of marihuana, cocaine, or hashish; to revise procedures for notification of victims when violent offenders escape from the Department of Rehabilitation and Correction; to remove the authority of the victim-related member of the Parole Board to approve the hiring of employees of the Office of Victims' Services; to modify the number of Parole Board members required to conduct a full Board hearing; to limit a member of the Parole Board who is not the Chairperson or a victim representative to two six-year terms; to revise the eligibility criteria for, and procedures governing, intervention in lieu of conviction; to revise the eligibility criteria for judicial release; to remove from the offense of "escape" certain conduct by a person under supervised release by the Department and specify the method of sanctioning a person under Department supervision who engages in that type of conduct; to revise the procedure for prisoners in state correctional institutions to earn days of credit for productive participation in specified prison programs and the number of days of credit that may be earned; to require GPS monitoring of a prisoner placed on post-release control who was released early from prison due to earning 60 or more days of credit; to enact a new mechanism for the possible release with sentencing court approval of Department inmates who have served at least 85% of their prison term; to expand the membership of a county's local corrections planning board; to make changes regarding halfway houses and community residential centers and authorize reentry centers; to provide for the placement in a skilled nursing facility of an inmate who is in imminent danger of death, medically incapacitated, or terminally ill for care; to provide for the establishment and operation of community alternative sentencing centers for misdemeanants sentenced directly to the centers under a community residential sanction or an OVI term of confinement not exceeding 30 days; to change the membership of the Ex-offender Reentry Coalition by reducing the number and functions of members from the Governor's office and adding the Director of Veterans Services; to remove judges from the membership of a corrections commission and instead have them form an advisory board; to require the Department to develop a reentry plan for each inmate committed to the Department who was not sentenced to a term of life without parole or a sentence of death and who is expected to be imprisoned for more than 30 days; to revise the procedures governing the Department's issuance of an inmate identification card upon an inmate's release and the use of such a card to obtain a state identification card; to authorize, instead of require, the Department to discontinue subsidy payment to a political subdivision that reduces local funding for corrections by the amount of a community-based corrections subsidy or that uses a subsidy for capital improvements; and to require the Department, together with the Department of Alcohol and Drug Addiction Services, to develop an implementation plan related to funding through the federal Second Chance Act related to community reentry of offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-12-03 - To Judiciary [HB386 Detail]

Download: Ohio-2009-HB386-Introduced.html

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 386

Representative Yates

A BILL

To amend sections 109.42, 307.93, 309.18, 926.99,

1333.99, 1707.99, 1716.99, 2743.191, 2909.03,

2909.05, 2909.11, 2913.02, 2913.03, 2913.04,

2913.11, 2913.21, 2913.31, 2913.32, 2913.34,

2913.40, 2913.401, 2913.42, 2913.421, 2913.43,

2913.45, 2913.46, 2913.47, 2913.48, 2913.49,

2913.51, 2913.61, 2915.05, 2917.21, 2917.31,

2917.32, 2919.21, 2921.13, 2921.34, 2921.41,

2923.31, 2925.01, 2925.03, 2925.05, 2925.11,

2929.01, 2929.13, 2929.14, 2929.20, 2929.26,

2929.34, 2930.16, 2930.17, 2950.99, 2951.041,

2967.05, 2967.14, 2967.193, 2967.28, 2981.07,

4507.51, 5120.07, 5120.10, 5120.111, 5120.59,

5120.60, 5120.66, 5149.01, 5149.10, 5149.33, and

5149.34 and to enact sections 307.932, 2967.19,

5120.035, and 5120.113 of the Revised Code to

increase from $500 to $1,000 the threshold amount

for determining increased penalties for

theft-related offenses and for certain elements of

"vandalism" and "engaging in a pattern of corrupt

activity"; to increase by 50% the other threshold

amounts for determining increased penalties for

those offenses; to provide that if "nonsupport of

dependents" is based on an abandonment of or

failure to support a child or a person to whom a

court order requires support and is a felony the

sentencing court generally must first consider

placing the offender on one or more community

control sanctions; to eliminate the difference in

criminal penalties for crack cocaine and powder

cocaine; to revise some of the penalties for

trafficking in marihuana or hashish and for

possession of marihuana, cocaine, or hashish; to

revise procedures for notification of victims when

violent offenders escape from the Department of

Rehabilitation and Correction; to remove the

authority of the victim-related member of the

Parole Board to approve the hiring of employees of

the Office of Victims' Services; to modify the

number of Parole Board members required to conduct

a full Board hearing; to limit a member of the

Parole Board who is not the Chairperson or a

victim representative to two six-year terms; to

revise the eligibility criteria for, and

procedures governing, intervention in lieu of

conviction; to revise the eligibility criteria for

judicial release; to remove from the offense of

"escape" certain conduct by a person under

supervised release by the Department and specify

the method of sanctioning a person under

Department supervision who engages in that type of

conduct; to revise the procedure for prisoners in

state correctional institutions to earn days of

credit for productive participation in specified

prison programs and the number of days of credit

that may be earned; to require GPS monitoring of a

prisoner placed on post-release control who was

released early from prison due to earning 60 or

more days of credit; to enact a new mechanism for

the possible release with sentencing court

approval of Department inmates who have served at

least 85% of their prison term; to expand the

membership of a county's local corrections

planning board; to make changes regarding halfway

houses and community residential centers and

authorize reentry centers; to provide for the

placement in a skilled nursing facility of an

inmate who is in imminent danger of death,

medically incapacitated, or terminally ill for

care; to provide for the establishment and

operation of community alternative sentencing

centers for misdemeanants sentenced directly to

the centers under a community residential sanction

or an OVI term of confinement not exceeding 30

days; to change the membership of the Ex-offender

Reentry Coalition by reducing the number and

functions of members from the Governor's office

and adding the Director of Veterans Services; to

remove judges from the membership of a corrections

commission and instead have them form an advisory

board; to require the Department to develop a

reentry plan for each inmate committed to the

Department who was not sentenced to a term of life

without parole or a sentence of death and who is

expected to be imprisoned for more than 30 days;

to revise the procedures governing the

Department's issuance of an inmate identification

card upon an inmate's release and the use of such

a card to obtain a state identification card; to

authorize, instead of require, the Department to

discontinue subsidy payment to a political

subdivision that reduces local funding for

corrections by the amount of a community-based

corrections subsidy or that uses a subsidy for

capital improvements; and to require the

Department, together with the Department of

Alcohol and Drug Addiction Services, to develop an

implementation plan related to funding through the

federal Second Chance Act related to community

reentry of offenders.

100

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

Section 1. That sections 109.42, 307.93, 309.18, 926.99,	101
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, 2909.11,	102
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32,	103
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45,	104
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05,	105
2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41,	106
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13,	107
2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, 2950.99,	108
2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, 4507.51,	109
5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66, 5149.01,	110
5149.10, 5149.33, and 5149.34 be amended and sections 307.932,	111
2967.19, 5120.035, and 5120.113 of the Revised Code be enacted to	112
read as follows:	113

Sec. 109.42. (A) The attorney general shall prepare and have	114
printed a pamphlet that contains a compilation of all statutes	115
relative to victim's rights in which the attorney general lists	116
and explains the statutes in the form of a victim's bill of	117
rights. The attorney general shall distribute the pamphlet to all	118
sheriffs, marshals, municipal corporation and township police	119
departments, constables, and other law enforcement agencies, to	120
all prosecuting attorneys, city directors of law, village	121
solicitors, and other similar chief legal officers of municipal	122
corporations, and to organizations that represent or provide	123
services for victims of crime. The victim's bill of rights set	124
forth in the pamphlet shall contain a description of all of the	125
rights of victims that are provided for in Chapter 2930. or in any	126
other section of the Revised Code and shall include, but not be	127
limited to, all of the following:	128

(1) The right of a victim or a victim's representative to	129
attend a proceeding before a grand jury, in a juvenile case, or in	130
a criminal case pursuant to a subpoena without being discharged	131
from the victim's or representative's employment, having the	132
victim's or representative's employment terminated, having the	133
victim's or representative's pay decreased or withheld, or	134
otherwise being punished, penalized, or threatened as a result of	135
time lost from regular employment because of the victim's or	136
representative's attendance at the proceeding pursuant to the	137
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	138
2945.451 of the Revised Code;	139

(2) The potential availability pursuant to section 2151.359	140
or 2152.61 of the Revised Code of a forfeited recognizance to pay	141
damages caused by a child when the delinquency of the child or	142
child's violation of probation or community control is found to be	143
proximately caused by the failure of the child's parent or	144
guardian to subject the child to reasonable parental authority or	145
to faithfully discharge the conditions of probation or community	146
control;	147

(3) The availability of awards of reparations pursuant to	148
sections 2743.51 to 2743.72 of the Revised Code for injuries	149
caused by criminal offenses;	150

(4) The right of the victim in certain criminal or juvenile	151
cases or a victim's representative to receive, pursuant to section	152
2930.06 of the Revised Code, notice of the date, time, and place	153
of the trial or delinquency proceeding in the case or, if there	154
will not be a trial or delinquency proceeding, information from	155
the prosecutor, as defined in section 2930.01 of the Revised Code,	156
regarding the disposition of the case;	157

(5) The right of the victim in certain criminal or juvenile	158
cases or a victim's representative to receive, pursuant to section	159
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	160
name of the person charged with the violation, the case or docket	161
number assigned to the charge, and a telephone number or numbers	162
that can be called to obtain information about the disposition of	163
the case;	164

(6) The right of the victim in certain criminal or juvenile	165
cases or of the victim's representative pursuant to section	166
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	167
terms set by the court as authorized under section 2930.14 of the	168
Revised Code, to make a statement about the victimization and, if	169
applicable, a statement relative to the sentencing or disposition	170
of the offender;	171

(7) The opportunity to obtain a court order, pursuant to	172
section 2945.04 of the Revised Code, to prevent or stop the	173
commission of the offense of intimidation of a crime victim or	174
witness or an offense against the person or property of the	175
complainant, or of the complainant's ward or child;	176

(8) The right of the victim in certain criminal or juvenile	177
cases or a victim's representative pursuant to sections 2151.38,	178
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	179
receive notice of a pending motion for judicial release, release	180
pursuant to section 2967.19 of the Revised Code, or other early	181
release of the person who committed the offense against the	182
victim, to make an oral or written statement at the court hearing	183
on the motion, and to be notified of the court's decision on the	184
motion;	185

(9) The right of the victim in certain criminal or juvenile	186
cases or a victim's representative pursuant to section 2930.16,	187
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	188
of any pending commutation, pardon, parole, transitional control,	189
discharge, other form of authorized release, post-release control,	190
or supervised release for the person who committed the offense	191
against the victim or any application for release of that person	192
and to send a written statement relative to the victimization and	193
the pending action to the adult parole authority or the release	194
authority of the department of youth services;	195

(10) The right of the victim to bring a civil action pursuant	196
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	197
from the offender's profit fund;	198

(11) The right, pursuant to section 3109.09 of the Revised	199
Code, to maintain a civil action to recover compensatory damages	200
not exceeding ten thousand dollars and costs from the parent of a	201
minor who willfully damages property through the commission of an	202
act that would be a theft offense, as defined in section 2913.01	203
of the Revised Code, if committed by an adult;	204

(12) The right, pursuant to section 3109.10 of the Revised	205
Code, to maintain a civil action to recover compensatory damages	206
not exceeding ten thousand dollars and costs from the parent of a	207
minor who willfully and maliciously assaults a person;	208

(13) The possibility of receiving restitution from an	209
offender or a delinquent child pursuant to section 2152.20,	210
2929.18, or 2929.28 of the Revised Code;	211

(14) The right of the victim in certain criminal or juvenile	212
cases or a victim's representative, pursuant to section 2930.16 of	213
the Revised Code, to receive notice of the escape from confinement	214
or custody of the person who committed the offense, to receive	215
that notice from the custodial agency of the person at the	216
victim's last address or telephone number provided to the	217
custodial agency, and to receive notice that, if either the	218
victim's address or telephone number changes, it is in the	219
victim's interest to provide the new address or telephone number	220
to the custodial agency;	221

(15) The right of a victim of domestic violence to seek the	222
issuance of a civil protection order pursuant to section 3113.31	223
of the Revised Code, the right of a victim of a violation of	224
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	225
of the Revised Code, a violation of a substantially similar	226
municipal ordinance, or an offense of violence who is a family or	227
household member of the offender at the time of the offense to	228
seek the issuance of a temporary protection order pursuant to	229
section 2919.26 of the Revised Code, and the right of both types	230
of victims to be accompanied by a victim advocate during court	231
proceedings;	232

(16) The right of a victim of a sexually oriented offense or	233
of a child-victim oriented offense that is committed by a person	234
who is convicted of, pleads guilty to, or is adjudicated a	235
delinquent child for committing the offense and who is in a	236
category specified in division (B) of section 2950.10 of the	237
Revised Code to receive, pursuant to that section, notice that the	238
person has registered with a sheriff under section 2950.04,	239
2950.041, or 2950.05 of the Revised Code and notice of the	240
person's name, the person's residence that is registered, and the	241
offender's school, institution of higher education, or place of	242
employment address or addresses that are registered, the person's	243
photograph, and a summary of the manner in which the victim must	244
make a request to receive the notice. As used in this division,	245
"sexually oriented offense" and "child-victim oriented offense"	246
have the same meanings as in section 2950.01 of the Revised Code.	247

(17) The right of a victim of certain sexually violent	248
offenses committed by an offender who also is convicted of or	249
pleads guilty to a sexually violent predator specification and who	250
is sentenced to a prison term pursuant to division (A)(3) of	251
section 2971.03 of the Revised Code, of a victim of a violation of	252
division (A)(1)(b) of section 2907.02 of the Revised Code	253
committed on or after January 2, 2007, by an offender who is	254
sentenced for the violation pursuant to division (B)(1)(a), (b),	255
or (c) of section 2971.03 of the Revised Code, of a victim of an	256
attempted rape committed on or after January 2, 2007, by an	257
offender who also is convicted of or pleads guilty to a	258
specification of the type described in section 2941.1418,	259
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	260
the violation pursuant to division (B)(2)(a), (b), or (c) of	261
section 2971.03 of the Revised Code, and of a victim of an offense	262
that is described in division (B)(3)(a), (b), (c), or (d) of	263
section 2971.03 of the Revised Code and is committed by an	264
offender who is sentenced pursuant to one of those divisions to	265
receive, pursuant to section 2930.16 of the Revised Code, notice	266
of a hearing to determine whether to modify the requirement that	267
the offender serve the entire prison term in a state correctional	268
facility, whether to continue, revise, or revoke any existing	269
modification of that requirement, or whether to terminate the	270
prison term. As used in this division, "sexually violent offense"	271
and "sexually violent predator specification" have the same	272
meanings as in section 2971.01 of the Revised Code.	273

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	274
prosecuting attorney, assistant prosecuting attorney, city	275
director of law, assistant city director of law, village	276
solicitor, assistant village solicitor, or similar chief legal	277
officer of a municipal corporation or an assistant of any of those	278
officers who prosecutes an offense committed in this state, upon	279
first contact with the victim of the offense, the victim's family,	280
or the victim's dependents, shall give the victim, the victim's	281
family, or the victim's dependents a copy of the pamphlet prepared	282
pursuant to division (A) of this section and explain, upon	283
request, the information in the pamphlet to the victim, the	284
victim's family, or the victim's dependents.	285

(b) Subject to division (B)(1)(c) of this section, a law	286
enforcement agency that investigates an offense or delinquent act	287
committed in this state shall give the victim of the offense or	288
delinquent act, the victim's family, or the victim's dependents a	289
copy of the pamphlet prepared pursuant to division (A) of this	290
section at one of the following times:	291

(i) Upon first contact with the victim, the victim's family,	292
or the victim's dependents;	293

(ii) If the offense or delinquent act is an offense of	294
violence, if the circumstances of the offense or delinquent act	295
and the condition of the victim, the victim's family, or the	296
victim's dependents indicate that the victim, the victim's family,	297
or the victim's dependents will not be able to understand the	298
significance of the pamphlet upon first contact with the agency,	299
and if the agency anticipates that it will have an additional	300
contact with the victim, the victim's family, or the victim's	301
dependents, upon the agency's second contact with the victim, the	302
victim's family, or the victim's dependents.	303

If the agency does not give the victim, the victim's family,	304
or the victim's dependents a copy of the pamphlet upon first	305
contact with them and does not have a second contact with the	306
victim, the victim's family, or the victim's dependents, the	307
agency shall mail a copy of the pamphlet to the victim, the	308
victim's family, or the victim's dependents at their last known	309
address.	310

(c) In complying on and after December 9, 1994, with the	311
duties imposed by division (B)(1)(a) or (b) of this section, an	312
official or a law enforcement agency shall use copies of the	313
pamphlet that are in the official's or agency's possession on	314
December 9, 1994, until the official or agency has distributed all	315
of those copies. After the official or agency has distributed all	316
of those copies, the official or agency shall use only copies of	317
the pamphlet that contain at least the information described in	318
divisions (A)(1) to (17) of this section.	319

(2) The failure of a law enforcement agency or of a	320
prosecuting attorney, assistant prosecuting attorney, city	321
director of law, assistant city director of law, village	322
solicitor, assistant village solicitor, or similar chief legal	323
officer of a municipal corporation or an assistant to any of those	324
officers to give, as required by division (B)(1) of this section,	325
the victim of an offense or delinquent act, the victim's family,	326
or the victim's dependents a copy of the pamphlet prepared	327
pursuant to division (A) of this section does not give the victim,	328
the victim's family, the victim's dependents, or a victim's	329
representative any rights under section 2743.51 to 2743.72,	330
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	331
Revised Code or under any other provision of the Revised Code and	332
does not affect any right under those sections.	333

(3) A law enforcement agency, a prosecuting attorney or	334
assistant prosecuting attorney, or a city director of law,	335
assistant city director of law, village solicitor, assistant	336
village solicitor, or similar chief legal officer of a municipal	337
corporation that distributes a copy of the pamphlet prepared	338
pursuant to division (A) of this section shall not be required to	339
distribute a copy of an information card or other printed material	340
provided by the clerk of the court of claims pursuant to section	341
2743.71 of the Revised Code.	342

(C) The cost of printing and distributing the pamphlet	343
prepared pursuant to division (A) of this section shall be paid	344
out of the reparations fund, created pursuant to section 2743.191	345
of the Revised Code, in accordance with division (D) of that	346
section.	347

(D) As used in this section:

348

(1) "Victim's representative" has the same meaning as in	349
section 2930.01 of the Revised Code;	350

(2) "Victim advocate" has the same meaning as in section	351
2919.26 of the Revised Code.	352

Sec. 307.93. (A) The boards of county commissioners of two	353
or more adjacent counties may contract for the joint establishment	354
of a multicounty correctional center, and the board of county	355
commissioners of a county or the boards of two or more counties	356
may contract with any municipal corporation or municipal	357
corporations located in that county or those counties for the	358
joint establishment of a municipal-county or multicounty-municipal	359
correctional center. The center shall augment county and, where	360
applicable, municipal jail programs and facilities by providing	361
custody and rehabilitative programs for those persons under the	362
charge of the sheriff of any of the contracting counties or of the	363
officer or officers of the contracting municipal corporation or	364
municipal corporations having charge of persons incarcerated in	365
the municipal jail, workhouse, or other correctional facility who,	366
in the opinion of the sentencing court, need programs of custody	367
and rehabilitation not available at the county or municipal jail	368
and by providing custody and rehabilitative programs in accordance	369
with division (C) of this section, if applicable. The contract may	370
include, but need not be limited to, provisions regarding the	371
acquisition, construction, maintenance, repair, termination of	372
operations, and administration of the center. The contract shall	373
prescribe the manner of funding of, and debt assumption for, the	374
center and the standards and procedures to be followed in the	375
operation of the center. Except as provided in division (H) of	376
this section, the contracting counties and municipal corporations	377
shall form a corrections commission to oversee the administration	378
of the center. Members of the commission shall consist of the	379
sheriff of each participating county, ~~the president~~a member of	380
the board of county commissioners of each participating county,	381
~~the presiding judge of the court of common pleas of each~~	382
~~participating county, or, if the court of common pleas of a~~	383
~~participating county has only one judge, then that judge,~~ the	384
chief of police of each participating municipal corporation, and	385
the mayor or city manager of each participating municipal	386
corporation~~, and the presiding judge or the sole judge of the~~	387
~~municipal court of each participating municipal corporation~~. Any	388
of the foregoing officers may appoint a designee to serve in the	389
officer's place on the corrections commission. The standards and	390
procedures shall be formulated and agreed to by the commission and	391
may be amended at any time during the life of the contract by	392
agreement of the parties to the contract upon the advice of the	393
commission. The standards and procedures formulated by the	394
commission shall include, but need not be limited to, designation	395
of the person in charge of the center, designation of a fiscal	396
agent, the categories of employees to be employed at the center,	397
the appointing authority of the center, and the standards of	398
treatment and security to be maintained at the center. The person	399
in charge of, and all persons employed to work at, the center	400
shall have all the powers of police officers that are necessary	401
for the proper performance of the duties relating to their	402
positions at the center.	403

(B)(1) Upon the establishment of a corrections commission	404
under division (A) of this section, the judges specified in this	405
division shall form a judicial advisory board for the purpose of	406
making recommendations to the corrections commission on issues of	407
bed allocation, expansion of the center that the corrections	408
commission oversees, and other issues concerning the	409
administration of sentences or any other matter determined to be	410
appropriate by the corrections commission. The judges who shall	411
form the judicial advisory board for a corrections commission are	412
the administrative judge of the general division of the court of	413
common pleas of each county participating in the corrections	414
center, the presiding judge of the municipal court of each	415
municipal corporation participating in the corrections center, and	416
the presiding judge of each county court of each county	417
participating in the corrections center. Any of the foregoing	418
judges may appoint a designee to serve in the judge's place on the	419
judicial advisory board, provided that the designee shall be a	420
judge of the same court as the judge who makes the appointment.	421
The judicial advisory board for a corrections commission shall	422
meet with the corrections commission at least once each year.	423

(2) Each board of county commissioners that enters a contract	424
under division (A) of this section may appoint a building	425
commission pursuant to section 153.21 of the Revised Code. If any	426
commissions are appointed, they shall function jointly in the	427
construction of a multicounty or multicounty-municipal	428
correctional center with all the powers and duties authorized by	429
law.	430

(C) Prior to the acceptance for custody and rehabilitation	431
into a center established under this section of any persons who	432
are designated by the department of rehabilitation and correction,	433
who plead guilty to or are convicted of a felony of the fourth or	434
fifth degree, and who satisfy the other requirements listed in	435
section 5120.161 of the Revised Code, the corrections commission	436
of a center established under this section shall enter into an	437
agreement with the department of rehabilitation and correction	438
under section 5120.161 of the Revised Code for the custody and	439
rehabilitation in the center of persons who are designated by the	440
department, who plead guilty to or are convicted of a felony of	441
the fourth or fifth degree, and who satisfy the other requirements	442
listed in that section, in exchange for a per diem fee per person.	443
Persons incarcerated in the center pursuant to an agreement	444
entered into under this division shall be subject to supervision	445
and control in the manner described in section 5120.161 of the	446
Revised Code. This division does not affect the authority of a	447
court to directly sentence a person who is convicted of or pleads	448
guilty to a felony to the center in accordance with section	449
2929.16 of the Revised Code.	450

(D) Pursuant to section 2929.37 of the Revised Code, each	451
board of county commissioners and the legislative authority of	452
each municipal corporation that enters into a contract under	453
division (A) of this section may require a person who was	454
convicted of an offense, who is under the charge of the sheriff of	455
their county or of the officer or officers of the contracting	456
municipal corporation or municipal corporations having charge of	457
persons incarcerated in the municipal jail, workhouse, or other	458
correctional facility, and who is confined in the multicounty,	459
municipal-county, or multicounty-municipal correctional center as	460
provided in that division, to reimburse the applicable county or	461
municipal corporation for its expenses incurred by reason of the	462
person's confinement in the center.	463

(E) Notwithstanding any contrary provision in this section or	464
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	465
corrections commission of a center may establish a policy that	466
complies with section 2929.38 of the Revised Code and that	467
requires any person who is not indigent and who is confined in the	468
multicounty, municipal-county, or multicounty-municipal	469
correctional center to pay a reception fee, a fee for medical	470
treatment or service requested by and provided to that person, or	471
the fee for a random drug test assessed under division (E) of	472
section 341.26 of the Revised Code.	473

(F)(1) The corrections commission of a center established	474
under this section may establish a commissary for the center. The	475
commissary may be established either in-house or by another	476
arrangement. If a commissary is established, all persons	477
incarcerated in the center shall receive commissary privileges. A	478
person's purchases from the commissary shall be deducted from the	479
person's account record in the center's business office. The	480
commissary shall provide for the distribution to indigent persons	481
incarcerated in the center of necessary hygiene articles and	482
writing materials.	483

(2) If a commissary is established, the corrections	484
commission of a center established under this section shall	485
establish a commissary fund for the center. The management of	486
funds in the commissary fund shall be strictly controlled in	487
accordance with procedures adopted by the auditor of state.	488
Commissary fund revenue over and above operating costs and reserve	489
shall be considered profits. All profits from the commissary fund	490
shall be used to purchase supplies and equipment for the benefit	491
of persons incarcerated in the center and to pay salary and	492
benefits for employees of the center, or for any other persons,	493
who work in or are employed for the sole purpose of providing	494
service to the commissary. The corrections commission shall adopt	495
rules and regulations for the operation of any commissary fund it	496
establishes.	497

(G) In lieu of forming a corrections commission to administer	498
a multicounty correctional center or a municipal-county or	499
multicounty-municipal correctional center, the boards of county	500
commissioners and the legislative authorities of the municipal	501
corporations contracting to establish the center may also agree to	502
contract for the private operation and management of the center as	503
provided in section 9.06 of the Revised Code, but only if the	504
center houses only misdemeanant inmates. In order to enter into a	505
contract under section 9.06 of the Revised Code, all the boards	506
and legislative authorities establishing the center shall approve	507
and be parties to the contract.	508

(H) If a person who is convicted of or pleads guilty to an	509
offense is sentenced to a term in a multicounty correctional	510
center or a municipal-county or multicounty-municipal correctional	511
center or is incarcerated in the center in the manner described in	512
division (C) of this section, or if a person who is arrested for	513
an offense, and who has been denied bail or has had bail set and	514
has not been released on bail is confined in a multicounty	515
correctional center or a municipal-county or multicounty-municipal	516
correctional center pending trial, at the time of reception and at	517
other times the officer, officers, or other person in charge of	518
the operation of the center determines to be appropriate, the	519
officer, officers, or other person in charge of the operation of	520
the center may cause the convicted or accused offender to be	521
examined and tested for tuberculosis, HIV infection, hepatitis,	522
including but not limited to hepatitis A, B, and C, and other	523
contagious diseases. The officer, officers, or other person in	524
charge of the operation of the center may cause a convicted or	525
accused offender in the center who refuses to be tested or treated	526
for tuberculosis, HIV infection, hepatitis, including but not	527
limited to hepatitis A, B, and C, or another contagious disease to	528
be tested and treated involuntarily.	529

(I) As used in this section, "multicounty-municipal" means	530
more than one county and a municipal corporation, or more than one	531
municipal corporation and a county, or more than one municipal	532
corporation and more than one county.	533

Sec. 307.932. (A) As used in this section:

534

(1) "Division of parole and community services" means the	535
division of parole and community services of the department of	536
rehabilitation and correction.	537

(2) "Eligible offender" means, in relation to a particular	538
community alternative sentencing center or district community	539
alternative sentencing center established and operated under	540
division (E) of this section, an offender who has been convicted	541
of or pleaded guilty to a qualifying misdemeanor offense, for whom	542
no provision of the Revised Code or ordinance of a municipal	543
corporation other than section 4511.19 of the Revised Code or an	544
ordinance of a municipal corporation that provides the penalties	545
for a municipal OVI offense of the municipal corporation requires	546
the imposition of a mandatory jail term for that qualifying	547
misdemeanor offense, and who is eligible to be sentenced directly	548
to that center and admitted to it under rules adopted under	549
division (G) of this section by the board of county commissioners	550
or affiliated group of boards of county commissioners that	551
established and operates that center.	552

(3) "Municipal OVI offense" has the same meaning as in	553
section 4511.181 of the Revised Code.	554

(4) "OVI term of confinement" means a term of confinement	555
imposed for a violation of section 4511.19 of the Revised Code or	556
for a municipal OVI offense, including any mandatory jail term or	557
mandatory term of local incarceration imposed for that violation	558
or offense.	559

(5) "Community residential sanction" means a community	560
residential sanction imposed under section 2929.26 of the Revised	561
Code for a misdemeanor violation of a section of the Revised Code	562
or a term of confinement imposed for a misdemeanor violation of a	563
municipal ordinance that is not a jail term.	564

(6) "Qualifying misdemeanor offense" means a violation of any	565
section of the Revised Code that is a misdemeanor or a violation	566
of any ordinance of a municipal corporation located in the county	567
that is a misdemeanor.	568

(B)(1) The board of county commissioners of any county, in	569
consultation with the sheriff of the county, may formulate a	570
proposal for a community alternative sentencing center that, upon	571
implementation by the county or being subcontracted to or operated	572
by a nonprofit organization, would be used for the confinement of	573
eligible offenders sentenced directly to the center by a court	574
located in the county pursuant to a community residential sanction	575
of not more than thirty days or pursuant to an OVI term of	576
confinement of not more than thirty days, and for the purpose of	577
closely monitoring those eligible offenders' adjustment to	578
community supervision. A board that formulates a proposal pursuant	579
to this division shall do so by resolution.	580

(2) The boards of county commissioners of two or more	581
adjoining or neighboring counties, in consultation with the	582
sheriffs of each of those counties, may affiliate and formulate by	583
resolution adopted by each of them a proposal for a district	584
community alternative sentencing center that, upon implementation	585
by the counties or being subcontracted to or operated by a	586
nonprofit organization, would be used for the confinement of	587
eligible offenders sentenced directly to the center by a court	588
located in any of those counties pursuant to a community	589
residential sanction of not more than thirty days or pursuant to	590
an OVI term of confinement of not more than thirty days, and for	591
the purpose of closely monitoring those eligible offenders'	592
adjustment to community supervision. Each board that affiliates	593
with one or more other boards to formulate a proposal pursuant to	594
this division shall formulate the proposal by resolution.	595

(C) Each proposal for a community alternative sentencing	596
center or a district community alternative sentencing center that	597
is formulated under division (B)(1) or (2) of this section shall	598
include proposals for operation of the center and for criteria to	599
define which offenders are eligible to be sentenced directly to	600
the center and admitted to it. At a minimum, the proposed criteria	601
that define which offenders are eligible to be sentenced directly	602
to the center and admitted to it shall provide all of the	603
following:	604

(1) That an offender is eligible to be sentenced directly to	605
the center and admitted to it if the offender has been convicted	606
of or pleaded guilty to a qualifying misdemeanor offense and is	607
sentenced directly to the center for the qualifying misdemeanor	608
offense pursuant to a community residential sanction of not more	609
than thirty days or pursuant to an OVI term of confinement of not	610
more than thirty days by a court that is located in the county or	611
one of the counties served by the board of county commissioners or	612
by any of the affiliated group of boards of county commissioners	613
that submits the proposal;	614

(2) That no offender is eligible to be sentenced directly to	615
the center or admitted to it if, in addition to the community	616
residential sanction or OVI term of confinement described in	617
division (C)(1) of this section, the offender is serving or has	618
been sentenced to serve any other jail term, prison term, or	619
community residential sanction.	620

(D)(1) If a board of county commissioners formulates a	621
proposal for a community alternative sentencing center pursuant to	622
division (B)(1) of this section or an affiliated group of boards	623
of county commissioners formulates a proposal for a district	624
community alternative sentencing center pursuant to division	625
(B)(2) of this section, prior to establishing or operating the	626
center, the board or the affiliated group of boards shall submit	627
the proposal for certification to the division of parole and	628
community services of the department of rehabilitation and	629
correction for approval and certification pursuant to division (F)	630
of section 5120.10 of the Revised Code. The division may approve	631
and certify a center as a suitable facility for the care and	632
treatment of adult offenders only if the center complies with the	633
standards for the certification of the centers that the division	634
adopts by rule in accordance with Chapter 119. of the Revised	635
Code. The division shall inspect each center to which a proposal	636
submitted under this division applies and annually shall inspect	637
each center established or operated under an approved and	638
certified proposal to determine if the proposed or certified	639
center is in compliance with the certification standards. A board	640
or affiliated group of boards shall not establish or operate a	641
center without the division's approval and certification. The	642
approval and certification of a center by the division is not a	643
requirement for, and is not an affirmation that the division or	644
the department of rehabilitation and correction must or will	645
provide, funding for the operation of the center.	646

(2) If a proposal for a community alternative sentencing	647
center or a district community alternative sentencing center that	648
is formulated under division (B)(1) or (2) of this section	649
contemplates the use of an existing facility, or a part of an	650
existing facility, as the center, nothing in this section limits,	651
restricts, or precludes the use of the facility, the part of the	652
facility, or any other part of the facility for any purpose other	653
than as a community alternative sentencing center or district	654
community alternative sentencing center.	655

(E) Upon approval and certification by the division of parole	656
and community services of a proposal for a community alternative	657
sentencing center or for a district community alternative	658
sentencing center submitted to the division under division (D) of	659
this section, the board of county commissioners or the affiliated	660
group of boards of county commissioners that submitted the	661
proposal may establish and operate the center in accordance with	662
the approved and certified proposal, division (G) of this section,	663
and rules adopted under that division. The establishment and	664
operation of the center may be done by subcontracting with a	665
nonprofit organization for the operation of the center.	666

If a board of county commissioners or an affiliated group of	667
boards of county commissioners establishes and operates a	668
community alternative sentencing center or district community	669
alternative sentencing center under this division, except as	670
otherwise provided in this division, the center is not a minimum	671
security jail under section 341.14, section 753.21, or any other	672
provision of the Revised Code, is not a jail or alternative	673
residential facility as defined in section 2929.01 of the Revised	674
Code, is not required to satisfy or comply with minimum standards	675
for minimum security jails or other jails that are promulgated	676
under division (A) of section 5120.10 of the Revised Code, is not	677
a local detention facility as defined in section 2929.36 of the	678
Revised Code, and is not a residential unit as defined in section	679
2950.01 of the Revised Code. The center is a detention facility as	680
defined in sections 2921.01 and 2923.124 of the Revised Code, and	681
an eligible offender confined in the center is under detention as	682
defined in section 2921.01 of the Revised Code. Regarding persons	683
sentenced directly to the center under an OVI term of confinement,	684
the center shall be considered a "jail" or "local correctional	685
facility" for purposes of any provision in section 4511.19 of the	686
Revised Code or in an ordinance of a municipal corporation that	687
requires a mandatory jail term or mandatory term of local	688
incarceration for the violation of section 4511.19 of the Revised	689
Code or the municipal OVI offense, and a direct sentence of a	690
person to the center under an OVI term of confinement shall be	691
considered to be a sentence to a "jail" or "local correctional	692
facility" for purposes of any such provision in section 4511.19 of	693
the Revised Code or in an ordinance of a municipal corporation.	694

(F)(1) If the board of county commissioners of a county that	695
is being served by a community alternative sentencing center	696
established pursuant to division (E) of this section determines	697
that it no longer wants to be served by the center, the board may	698
dissolve the center by adopting a resolution evidencing the	699
determination to dissolve the center and notifying, in writing,	700
the division of parole and community services of the determination	701
to dissolve the center.	702

(2) If the boards of county commissioners of all of the	703
counties served by any district community alternative sentencing	704
center established pursuant to division (E) of this section	705
determine that they no longer want to be served by the center, the	706
boards may dissolve the center by adopting in each county a	707
resolution evidencing the determination to dissolve the center and	708
notifying, in writing, the division of parole and community	709
services of the determination to dissolve the center.	710

(3) If at least one, but not all, of the boards of county	711
commissioners of the counties being served by any district	712
community alternative sentencing center established pursuant to	713
division (E) of this section determines that it no longer wants to	714
be served by the center, the board may terminate its involvement	715
with the center by adopting a resolution evidencing the	716
determination to terminate its involvement with the center and	717
notifying, in writing, the division of parole and community	718
services of the determination to terminate its involvement with	719
the center. If at least one, but not all, of the boards of county	720
commissioners of the counties being served by any community	721
alternative sentencing center terminates its involvement with the	722
center in accordance with this division, the other boards of	723
county commissioners of the counties being served by the center	724
may continue to be served by the center.	725

(G) Upon approval and certification by the division of parole	726
and community services of a proposal for a community alternative	727
sentencing center or for a district community alternative	728
sentencing center submitted to it under division (D) of this	729
section, prior to establishing or operating the center, the board	730
of county commissioners or the affiliated group of boards of	731
county commissioners that submitted the proposal shall adopt rules	732
for the operation of the center. The rules shall include criteria	733
that define which offenders are eligible to be sentenced directly	734
to the center and admitted to it and the criteria so included	735
shall be consistent with the proposed criteria included in the	736
proposal approved and certified by the division.	737

(H) If a board of county commissioners establishes and	738
operates a community alternative sentencing center under division	739
(E) of this section, or an affiliated group of boards of county	740
commissioners establishes and operates a district community	741
alternative sentencing center under that division, all of the	742
following apply:	743

(1) Any court located within the county served by the board	744
that establishes and operates a community correctional center may	745
directly sentence eligible offenders to the center pursuant to a	746
community residential sanction of not more than thirty days or	747
pursuant to an OVI term of confinement of not more than thirty	748
days. Any court located within a county served by any of the	749
boards that establishes and operates a district community	750
correctional center may directly sentence eligible offenders to	751
the center pursuant to a community residential sanction of not	752
more than thirty days or pursuant to an OVI term of confinement of	753
not more than thirty days.	754

(2) Each eligible offender who is sentenced to the center as	755
described in division (H)(1) of this section and admitted to it	756
shall be offered during the eligible offender's confinement at the	757
center educational and vocational services and reentry planning	758
and may be offered any other treatment and rehabilitative services	759
that are available and that the court that sentenced the	760
particular eligible offender to the center and the administrator	761
of the center determine are appropriate based upon the offense for	762
which the eligible offender was sentenced to the community	763
residential sanction and the length of the sanction.	764

(3) Before accepting an eligible offender sentenced to the	765
center by a court, the board or the affiliated group of boards	766
shall enter into an agreement with a political subdivision that	767
operates that court that addresses the cost and payment of medical	768
treatment or services received by eligible offenders sentenced by	769
that court while they are confined in the center. The agreement	770
may provide for the payment of the costs by the particular	771
eligible offender who receives the treatment or services, as	772
described in division (I) of this section.	773

(4) If a court sentences an eligible offender to a center	774
under authority of division (H)(1) of this section, immediately	775
after the sentence is imposed, the eligible offender shall be	776
taken to the probation department that serves the court. The	777
department shall handle any preliminary matters regarding the	778
admission of the eligible offender to the center, including a	779
determination as to whether the eligible offender may be admitted	780
to the center under the criteria included in the rules adopted	781
under division (G) of this section that define which offenders are	782
eligible to be sentenced and admitted to the center. If the	783
eligible offender is accepted for admission to the center, the	784
department shall schedule the eligible offender for the admission	785
and shall provide for the transportation of the offender to the	786
center. If an eligible offender who is sentenced to the center	787
under a community residential sanction is not accepted for	788
admission to the center for any reason, the nonacceptance shall be	789
considered a violation of a condition of the community residential	790
sanction, the eligible offender shall be taken before the court	791
that imposed the sentence, and the court may proceed as specified	792
in division (C)(2) of section 2929.25 of the Revised Code based on	793
the violation or as provided by ordinance of the municipal	794
corporation based on the violation, whichever is applicable. If an	795
eligible offender who is sentenced to the center under an OVI term	796
of confinement is not accepted for admission to the center for any	797
reason, the eligible offender shall be taken before the court that	798
imposed the sentence, and the court shall determine the place at	799
which the offender is to serve the term of confinement. If the	800
eligible offender is admitted to the center, all of the following	801
apply:	802

(a) The admission shall be under the terms and conditions	803
established by the court and the administrator of the center, and	804
the court and the administrator of the center shall provide for	805
the confinement of the eligible offender and supervise the	806
eligible offender as provided in divisions (H)(4)(b) to (f) of	807
this section.	808

(b) The eligible offender shall be confined in the center	809
during any period of time that the eligible offender is not	810
actually working at the eligible offender's approved work release	811
described in division (H)(4)(c) of this section, engaged in	812
community service activities described in division (H)(4)(d) of	813
this section, engaged in authorized vocational training or another	814
authorized educational program, engaged in another program	815
designated by the administrator of the center, or engaged in other	816
activities approved by the court and the administrator of the	817
center.	818

(c) If the court and the administrator of the center	819
determine that work release is appropriate based upon the offense	820
for which the eligible offender was sentenced to the community	821
residential sanction or OVI term of confinement and the length of	822
the sanction or term, the eligible offender may be offered work	823
release from confinement at the center and be released from	824
confinement while engaged in the work release.	825

(d) If the administrator of the center determines that	826
community service is appropriate and if the eligible offender will	827
be confined for more than ten days at the center, the eligible	828
offender may be required to participate in community service	829
activities approved by the political subdivision served by the	830
court. Community service activities that may be required under	831
this division may take place in facilities of the political	832
subdivision that operates the court, in the community, or in both	833
such locales. The eligible offender shall be released from	834
confinement while engaged in the community service activities.	835
Community service activities required under this division shall be	836
supervised by the court or an official designated by the board of	837
county commissioners or affiliated group of boards of county	838
commissioners that established and is operating the center.	839
Community service activities required under this division shall	840
not exceed in duration the period for which the eligible offender	841
will be confined at the center under the community residential	842
sanction or the OVI term of confinement.	843

(e) The confinement of the eligible offender in the center	844
shall be considered for purposes of this division and division	845
(H)(4)(f) of this section as including any period of time	846
described in division (H)(4)(b) of this section when the eligible	847
offender may be outside of the center and shall continue until the	848
expiration of the community residential sanction or OVI term of	849
confinement that the eligible offender is serving upon admission	850
to the center.	851

(f) After the admission and until the expiration of the	852
community residential sanction or OVI term of confinement that the	853
eligible offender is serving upon admission to the center, the	854
eligible offender shall be considered for purposes of any	855
provision in Title XXIX of the Revised Code to be serving the	856
community residential sanction or OVI term of confinement.	857

(5) The administrator of the center, or the administrator's	858
designee, shall post a sign as described in division (A)(4) of	859
section 2923.1212 of the Revised Code in a conspicuous location at	860
the center.	861

(I) The board of county commissioners that establishes and	862
operates a community alternative sentencing center under division	863
(E) of this section, or the affiliated group of boards of county	864
commissioners that establishes and operates a district community	865
alternative sentencing center under that division, may require an	866
eligible offender who is sentenced directly to the center and	867
admitted to it to pay to the county served by the board or the	868
counties served by the affiliated group of boards or the entity	869
operating the center the reasonable expenses incurred by the	870
county or counties, whichever is applicable, in supervising or	871
confining the eligible offender after being sentenced to the	872
center and admitted. Inability to pay those reasonable expenses	873
shall not be grounds for refusing to admit an otherwise eligible	874
offender to the center.	875

(J)(1) If an eligible offender who is directly sentenced to a	876
community alternative sentencing center or district community	877
alternative sentencing center and admitted to the center	878
successfully completes the service of the community residential	879
sanction in the center, the administrator of the center shall	880
notify the court that imposed the sentence, and the court shall	881
enter into the journal that the eligible offender successfully	882
completed the service of the sanction.	883

(2) If an eligible offender who is directly sentenced to a	884
community alternative sentencing center or district community	885
alternative sentencing center and admitted to the center violates	886
any rule established under this section by the board of county	887
commissioners or the affiliated group of boards of county	888
commissioners that establishes and operates the center, violates	889
any condition of the community residential sanction or OVI term of	890
confinement imposed by the sentencing court, or otherwise does not	891
successfully complete the service of the community residential	892
sanction or OVI term of confinement in the center, the	893
administrator of the center shall report the violation or failure	894
to successfully complete the sanction or term directly to the	895
court or to the probation department or probation officer with	896
general control and supervision over the eligible offender. A	897
failure to successfully complete the service of the community	898
residential sanction or OVI term of confinement in the center	899
shall be considered a violation of a condition of the community	900
residential sanction or the OVI term of confinement. If the	901
administrator reports the violation to the probation department or	902
probation officer, the department or officer shall report the	903
violation to the court. Upon its receipt under this division of a	904
report of a violation or failure to complete the sanction by a	905
person sentenced to the center under a community residential	906
sanction, the court may proceed as specified in division (C)(2) of	907
section 2929.25 of the Revised Code based on the violation or as	908
provided by ordinance of the municipal corporation based on the	909
violation, whichever is applicable. Upon its receipt under this	910
division of a report of a violation or failure to complete the	911
term by a person sentenced to the center under an OVI term of	912
confinement, the court shall determine the place at which the	913
offender is to serve the remainder of the term of confinement. The	914
eligible offender shall receive credit towards completing the	915
eligible offender's sentence for the time spent in the center	916
after admission to it.	917

Sec. 309.18. (A) If a prosecuting attorney of a county	918
receives notice from the ~~department of rehabilitation and~~	919
~~correction pursuant to section 5120.14 of the Revised Code that a~~	920
~~person indicted in that county for an offense of violence that is~~	921
~~a felony has escaped from a correctional institution under the~~	922
~~control of the department or otherwise has escaped from the~~	923
~~custody of the department, receives notice from the~~ sheriff of the	924
county pursuant to section 341.011 of the Revised Code that a	925
person indicted for or otherwise charged with an offense of	926
violence that is a felony and that was committed in the county has	927
escaped from the county jail or workhouse or otherwise has escaped	928
from the custody of the sheriff, or receives notice from a chief	929
of police or other chief law enforcement officer of a municipal	930
corporation pursuant to section 753.19 of the Revised Code that a	931
person indicted for or otherwise charged with an offense of	932
violence that is a felony and that was committed in the county has	933
escaped from a jail or workhouse of that municipal corporation or	934
otherwise has escaped from the custody of that municipal	935
corporation, the prosecuting attorney shall notify each victim of	936
an offense of violence that is a felony committed by that person	937
of the person's escape and, if applicable, of ~~his~~the person's	938
subsequent apprehension. The notice of escape shall be given as	939
soon as possible after receipt of the notice from the department,	940
sheriff, or chief law enforcement officer of the municipal	941
corporation and shall be given by telephone or in person, except	942
that, if a prosecuting attorney tries and fails to give the notice	943
of escape by telephone at the victim's last known telephone number	944
or tries and fails to give the notice of escape in person at the	945
victim's last known address, the notice of escape shall be given	946
to the victim at ~~his~~the victim's last known address by certified	947
mail, return receipt requested. The notice of apprehension shall	948
be given as soon as possible after the person is apprehended and	949
shall be given in the same manner as is the notice of escape.	950

Any prosecuting attorney who fails to give any notice	951
required by this ~~section~~division is immune from civil liability	952
for any injury, death, or loss to person or property that might be	953
incurred as a result of that failure to give notice.	954

(B) If a prosecuting attorney of a county receives notice	955
from the department of rehabilitation and correction pursuant to	956
section 5120.14 of the Revised Code or otherwise receives notice	957
from the department that a person who was convicted of or pleaded	958
guilty in that county to an offense of violence that is a felony	959
has escaped from a correctional institution under the control of	960
the department or otherwise has escaped from the custody of the	961
department, and if the office of victim services of the department	962
requests assistance from the prosecuting attorney in identifying	963
and locating the victim of the offense, the prosecuting attorney	964
promptly shall provide the information requested, if available, to	965
the office of victim services.	966

Sec. 926.99. (A)(1) Except as provided in division (A)(2)	967
of this section, whoever violates section 926.04 of the Revised	968
Code is guilty of a misdemeanor of the first degree on a first	969
offense and a felony of the fifth degree on each subsequent	970
offense.	971

(2) A person who violates section 926.04 of the Revised Code	972
and who is insolvent and financially unable to satisfy a claimant	973
as defined in section 926.021 of the Revised Code is guilty of a	974
felony of the fifth degree if the financial obligation owed by the	975
offender to the claimant is ~~five hundred~~one thousand dollars or	976
more and is less than ~~five~~seven thousand five hundred dollars. If	977
the financial obligation is ~~five~~seven thousand five hundred	978
dollars or more and is less than one hundred fifty thousand	979
dollars, the offender is guilty of a felony of the fourth	980
degree. If the financial obligation is one hundred fifty thousand	981
dollars or more, the offender is guilty of a felony of the third	982
degree.	983

(B) Whoever violates division (E) or (F) of section 926.20 or	984
division (A) of section 926.22 of the Revised Code is guilty of a	985
minor misdemeanor on a first offense and a misdemeanor of the	986
second degree on each subsequent offense.	987

(C) Whoever violates division (G) of section 926.20 or	988
section 926.34 or 926.35 of the Revised Code is guilty of a felony	989
of the fourth degree.	990

(D) Whoever violates division (A) of section 926.28 or	991
division (B) of section 926.29 of the Revised Code is guilty of a	992
felony of the fifth degree.	993

(E) Whoever violates section 926.31 of the Revised Code is	994
guilty of a misdemeanor of the fourth degree.	995

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	996
1333.04 of the Revised Code is guilty of a minor misdemeanor.	997

(B) Whoever violates section 1333.12 or 1333.71 of the	998
Revised Code is guilty of a misdemeanor of the fourth degree.	999

(C) Whoever violates section 1333.36 of the Revised Code is	1000
guilty of a misdemeanor of the third degree.	1001

(D) A prosecuting attorney may file an action to restrain any	1002
person found in violation of section 1333.36 of the Revised Code.	1003
Upon the filing of such an action, the common pleas court may	1004
receive evidence of such violation and forthwith grant a temporary	1005
restraining order as may be prayed for, pending a hearing on the	1006
merits of said cause.	1007

(E) Whoever violates division (A)(1) of section 1333.52 or	1008
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1009
the first degree.	1010

(F) Whoever violates division (A)(2) or (B) of section	1011
1333.52 of the Revised Code is guilty of a misdemeanor of the	1012
second degree.	1013

(G) Except as otherwise provided in this division, whoever	1014
violates section 1333.92 of the Revised Code is guilty of a	1015
misdemeanor of the first degree. If the value of the compensation	1016
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1017
seven thousand five hundred dollars, whoever violates section	1018
1333.92 of the Revised Code is guilty of a felony of the fifth	1019
degree. If the value of the compensation is ~~five~~seven thousand	1020
five hundred dollars or more and less than one hundred fifty	1021
thousand dollars, whoever violates section 1333.92 of the Revised	1022
Code is guilty of a felony of the fourth degree. If the value of	1023
the compensation is one hundred fifty thousand dollars or more,	1024
whoever violates section 1333.92 of the Revised Code is guilty of	1025
a felony of the third degree.	1026

Sec. 1707.99. Whoever commits any act described in division	1027
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1028
guilty of a violation of sections 1707.01 to 1707.45 of the	1029
Revised Code and the following apply to the offender:	1030

(A) If the value of the funds or securities involved in the	1031
offense or the loss to the victim is less than ~~five hundred~~one	1032
thousand dollars, the offender is guilty of a felony of the fifth	1033
degree, and the court may impose upon the offender an additional	1034
fine of not more than two thousand five hundred dollars.	1035

(B) If the value of the funds or securities involved in the	1036
offense or the loss to the victim is ~~five hundred~~one thousand	1037
dollars or more but less than ~~five~~seven thousand five hundred	1038
dollars, the offender is guilty of a felony of the fourth degree,	1039
and the court may impose upon the offender an additional fine of	1040
not more than five thousand dollars.	1041

(C) If the value of the funds or securities involved in the	1042
offense or the loss to the victim is ~~five~~seven thousand five	1043
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1044
thousand five hundred dollars, the offender is guilty of a felony	1045
of the third degree, and the court may impose upon the offender	1046
an additional fine of not more than ten thousand dollars.	1047

(D) If the value of the funds or securities involved in the	1048
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1049
thousand five hundred dollars or more but less than one hundred	1050
fifty thousand dollars, the offender is guilty of a felony of the	1051
second degree, and the court may impose upon the offender an	1052
additional fine of not more than fifteen thousand dollars.	1053

(E) If the value of the funds or securities involved in the	1054
offense or the loss to the victim is one hundred fifty thousand	1055
dollars or more, the offender is guilty of a felony of the first	1056
degree, and the court may impose upon the offender an additional	1057
fine of not more than twenty thousand dollars.	1058

Sec. 1716.99. (A) Whoever violates any provision of	1059
sections 1716.02 to 1716.17 of the Revised Code, other than	1060
division (A)(1) of section 1716.14 of the Revised Code, is guilty	1061
of a misdemeanor of the first degree.	1062

Each occurrence of a solicitation of a contribution from any	1063
person in violation of any provision of sections 1716.02 to	1064
1716.17 of the Revised Code, other than division (A)(1) of section	1065
1716.14 of the Revised Code, is considered a separate offense.	1066

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1067
the Revised Code is guilty of solicitation fraud and shall be	1068
punished as provided in divisions (B)(2) to (4) of this section.	1069

(2) Except as otherwise provided in division (B)(4) of this	1070
section, division (B)(3) of this section applies to solicitation	1071
fraud, and solicitation fraud is one of the following:	1072

(a) Except as otherwise provided in divisions (B)(2)(b) to	1073
(d) of this section, a misdemeanor of the first degree or, if the	1074
offender previously has been convicted of or pleaded guilty to a	1075
theft offense or a violation of division (A)(1) of section 1716.14	1076
of the Revised Code, a felony of the fifth degree.	1077

(b) If the value of the contribution or contributions made in	1078
the violation is ~~five hundred~~one thousand dollars or more but	1079
less than ~~five~~seven thousand five hundred dollars, a felony of	1080
the fifth degree or, if the offender previously has been convicted	1081
of or pleaded guilty to a theft offense or a violation of division	1082
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1083
fourth degree.	1084

(c) If the value of the contribution or contributions made in	1085
the violation is ~~five~~seven thousand five hundred dollars or more	1086
but less than one hundred fifty thousand dollars, a felony of the	1087
fourth degree or, if the offender previously has been convicted of	1088
or pleaded guilty to a theft offense or a violation of division	1089
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1090
third degree.	1091

(d) If the value of the contribution or contributions made in	1092
the violation is one hundred fifty thousand dollars or more, a	1093
felony of the third degree.	1094

(3) When an offender commits a series of offenses in	1095
violation of division (A)(1) of section 1716.14 of the Revised	1096
Code as part of a common scheme or plan to defraud multiple	1097
victims, all of the offenses may be tried as a single offense. If	1098
the offenses are tried as a single offense, the value of the	1099
contributions for purposes of determining the value as required by	1100
division (B)(2) of this section is the aggregate value of all	1101
contributions involved in all offenses in the common scheme or	1102
plan to defraud multiple victims. In prosecuting a single offense	1103
under this division, it is not necessary to separately allege and	1104
prove each offense in the series. Rather, it is sufficient to	1105
allege and prove that the offender, within a given span of time,	1106
committed one or more offenses as part of a common scheme or plan	1107
to defraud multiple victims as described in this division.	1108

(4) If the victim of the offense is an elderly person or	1109
disabled adult, division (B)(4) of this section and section	1110
2913.61 of the Revised Code apply to solicitation fraud, and	1111
solicitation fraud is one of the following:	1112

(a) Except as otherwise provided in divisions (B)(4)(b) to	1113
(d) of this section, a felony of the fifth degree;	1114

(b) If the value of the contributions made in the violation	1115
is ~~five hundred~~one thousand dollars or more and is less than	1116
~~five~~seven thousand five hundred dollars, a felony of the fourth	1117
degree;	1118

(c) If the value of the contributions made in the violation	1119
is ~~five~~seven thousand five hundred dollars or more and is less	1120
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1121
felony of the third degree;	1122

(d) If the value of the contributions made in the violation	1123
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1124
a felony of the second degree.	1125

(C) Any person who is found guilty of any act or omission	1126
prohibited under this chapter shall forfeit the bond described in	1127
section 1716.05 or 1716.07 of the Revised Code to the state	1128
treasury to the credit of the charitable law fund established	1129
under section 109.32 of the Revised Code and shall be prohibited	1130
from registering with the attorney general or from serving as a	1131
fund-raising counsel or professional solicitor in this state for a	1132
period of five years after conviction.	1133

Sec. 2743.191. (A)(1) There is hereby created in the state	1134
treasury the reparations fund, which shall be used only for the	1135
following purposes:	1136

(a) The payment of awards of reparations that are granted by	1137
the attorney general;	1138

(b) The compensation of any personnel needed by the attorney	1139
general to administer sections 2743.51 to 2743.72 of the Revised	1140
Code;	1141

(c) The compensation of witnesses as provided in division (J)	1142
of section 2743.65 of the Revised Code;	1143

(d) Other administrative costs of hearing and determining	1144
claims for an award of reparations by the attorney general;	1145

(e) The costs of administering sections 2907.28 and 2969.01	1146
to 2969.06 of the Revised Code;	1147

(f) The costs of investigation and decision-making as	1148
certified by the attorney general;	1149

(g) The provision of state financial assistance to victim	1150
assistance programs in accordance with sections 109.91 and 109.92	1151
of the Revised Code;	1152

(h) The costs of paying the expenses of sex offense-related	1153
examinations and antibiotics pursuant to section 2907.28 of the	1154
Revised Code;	1155

(i) The cost of printing and distributing the pamphlet	1156
prepared by the attorney general pursuant to section 109.42 of the	1157
Revised Code;	1158

(j) Subject to division (D) of section 2743.71 of the Revised	1159
Code, the costs associated with the printing and providing of	1160
information cards or other printed materials to law enforcement	1161
agencies and prosecuting authorities and with publicizing the	1162
availability of awards of reparations pursuant to section 2743.71	1163
of the Revised Code;	1164

(k) The payment of costs of administering a DNA specimen	1165
collection procedure pursuant to sections 2152.74 and 2901.07 of	1166
the Revised Code, of performing DNA analysis of those DNA	1167
specimens, and of entering the resulting DNA records regarding	1168
those analyses into the DNA database pursuant to section 109.573	1169
of the Revised Code;	1170

(l) The payment of actual costs associated with initiatives	1171
by the attorney general for the apprehension, prosecution, and	1172
accountability of offenders, and the enhancing of services to	1173
crime victims. The amount of payments made pursuant to division	1174
(A)(1)(l) of this section during any given fiscal year shall not	1175
exceed five per cent of the balance of the reparations fund at the	1176
close of the immediately previous fiscal year;	1177

(m) The costs of administering the adult parole authority's	1178
supervision pursuant to division (E) of section 2971.05 of the	1179
Revised Code of sexually violent predators who are sentenced to a	1180
prison term pursuant to division (A)(3) of section 2971.03 of the	1181
Revised Code and of offenders who are sentenced to a prison term	1182
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1183
(c), or (B)(3)(a), (b), (c), or (d) of that section;	1184

(n) The costs of installation and monitoring of an electronic	1185
monitoring device used in the monitoring of a respondent pursuant	1186
to an electronic monitoring order issued by a court under division	1187
(E)(1)(b) of section 2903.214 of the Revised Code if the court	1188
determines that the respondent is indigent or in the monitoring of	1189
an offender pursuant to an electronic monitoring order issued	1190
under division (B)(5) of section 2919.27 of the Revised Code if	1191
the court determines that the offender is indigent;	1192

(o) The costs of monitoring an offender by means of a global	1193
positioning device, if the offender is released from prison	1194
pursuant to section 2967.19 of the Revised Code, the court orders	1195
monitoring of the offender by the device pursuant to division (H)	1196
of that section, and the court determines that the offender is	1197
indigent.	1198

(2) All costs paid pursuant to section 2743.70 of the Revised	1199
Code, the portions of license reinstatement fees mandated by	1200
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1201
credited to the fund, the portions of the proceeds of the sale of	1202
a forfeited vehicle specified in division (C)(2) of section	1203
4503.234 of the Revised Code, payments collected by the department	1204
of rehabilitation and correction from prisoners who voluntarily	1205
participate in an approved work and training program pursuant to	1206
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1207
all moneys collected by the state pursuant to its right of	1208
subrogation provided in section 2743.72 of the Revised Code shall	1209
be deposited in the fund.	1210

(B) In making an award of reparations, the attorney general	1211
shall render the award against the state. The award shall be	1212
accomplished only through the following procedure, and the	1213
following procedure may be enforced by writ of mandamus directed	1214
to the appropriate official:	1215

(1) The attorney general shall provide for payment of the	1216
claimant or providers in the amount of the award only if the	1217
amount of the award is fifty dollars or more.	1218

(2) The expense shall be charged against all available	1219
unencumbered moneys in the fund.	1220

(3) If sufficient unencumbered moneys do not exist in the	1221
fund, the attorney general shall make application for payment of	1222
the award out of the emergency purposes account or any other	1223
appropriation for emergencies or contingencies, and payment out of	1224
this account or other appropriation shall be authorized if there	1225
are sufficient moneys greater than the sum total of then pending	1226
emergency purposes account requests or requests for releases from	1227
the other appropriations.	1228

(4) If sufficient moneys do not exist in the account or any	1229
other appropriation for emergencies or contingencies to pay the	1230
award, the attorney general shall request the general assembly to	1231
make an appropriation sufficient to pay the award, and no payment	1232
shall be made until the appropriation has been made. The attorney	1233
general shall make this appropriation request during the current	1234
biennium and during each succeeding biennium until a sufficient	1235
appropriation is made. If, prior to the time that an appropriation	1236
is made by the general assembly pursuant to this division, the	1237
fund has sufficient unencumbered funds to pay the award or part of	1238
the award, the available funds shall be used to pay the award or	1239
part of the award, and the appropriation request shall be amended	1240
to request only sufficient funds to pay that part of the award	1241
that is unpaid.	1242

(C) The attorney general shall not make payment on a decision	1243
or order granting an award until all appeals have been determined	1244
and all rights to appeal exhausted, except as otherwise provided	1245
in this section. If any party to a claim for an award of	1246
reparations appeals from only a portion of an award, and a	1247
remaining portion provides for the payment of money by the state,	1248
that part of the award calling for the payment of money by the	1249
state and not a subject of the appeal shall be processed for	1250
payment as described in this section.	1251

(D) The attorney general shall prepare itemized bills for the	1252
costs of printing and distributing the pamphlet the attorney	1253
general prepares pursuant to section 109.42 of the Revised Code.	1254
The itemized bills shall set forth the name and address of the	1255
persons owed the amounts set forth in them.	1256

(E) As used in this section, "DNA analysis" and "DNA	1257
specimen" have the same meanings as in section 109.573 of the	1258
Revised Code.	1259

Sec. 2909.03. (A) No person, by means of fire or explosion,	1260
shall knowingly do any of the following:	1261

(1) Cause, or create a substantial risk of, physical harm to	1262
any property of another without the other person's consent;	1263

(2) Cause, or create a substantial risk of, physical harm to	1264
any property of the offender or another, with purpose to defraud;	1265

(3) Cause, or create a substantial risk of, physical harm to	1266
the statehouse or a courthouse, school building, or other building	1267
or structure that is owned or controlled by the state, any	1268
political subdivision, or any department, agency, or	1269
instrumentality of the state or a political subdivision, and that	1270
is used for public purposes;	1271

(4) Cause, or create a substantial risk of, physical harm,	1272
through the offer or the acceptance of an agreement for hire or	1273
other consideration, to any property of another without the other	1274
person's consent or to any property of the offender or another	1275
with purpose to defraud;	1276

(5) Cause, or create a substantial risk of, physical harm to	1277
any park, preserve, wildlands, brush-covered land, cut-over land,	1278
forest, timberland, greenlands, woods, or similar real property	1279
that is owned or controlled by another person, the state, or a	1280
political subdivision without the consent of the other person, the	1281
state, or the political subdivision;	1282

(6) With purpose to defraud, cause, or create a substantial	1283
risk of, physical harm to any park, preserve, wildlands,	1284
brush-covered land, cut-over land, forest, timberland, greenlands,	1285
woods, or similar real property that is owned or controlled by the	1286
offender, another person, the state, or a political subdivision.	1287

(B)(1) Whoever violates this section is guilty of arson.

1288

(2) A violation of division (A)(1) of this section is one of	1289
the following:	1290

(a) Except as otherwise provided in division (B)(2)(b) of	1291
this section, a misdemeanor of the first degree;	1292

(b) If the value of the property or the amount of the	1293
physical harm involved is ~~five hundred~~one thousand dollars or	1294
more, a felony of the fourth degree.	1295

(3) A violation of division (A)(2), (3), (5), or (6) of this	1296
section is a felony of the fourth degree.	1297

(4) A violation of division (A)(4) of this section is a	1298
felony of the third degree.	1299

Sec. 2909.05. (A) No person shall knowingly cause serious	1300
physical harm to an occupied structure or any of its contents.	1301

(B)(1) No person shall knowingly cause physical harm to	1302
property that is owned or possessed by another, when either of the	1303
following applies:	1304

(a) The property is used by its owner or possessor in the	1305
owner's or possessor's profession, business, trade, or occupation,	1306
and the value of the property or the amount of physical harm	1307
involved is ~~five hundred~~one thousand dollars or more;	1308

(b) Regardless of the value of the property or the amount of	1309
damage done, the property or its equivalent is necessary in order	1310
for its owner or possessor to engage in the owner's or possessor's	1311
profession, business, trade, or occupation.	1312

(2) No person shall knowingly cause serious physical harm to	1313
property that is owned, leased, or controlled by a governmental	1314
entity. A governmental entity includes, but is not limited to, the	1315
state or a political subdivision of the state, a school district,	1316
the board of trustees of a public library or public university, or	1317
any other body corporate and politic responsible for governmental	1318
activities only in geographical areas smaller than that of the	1319
state.	1320

(C) No person, without privilege to do so, shall knowingly	1321
cause serious physical harm to any tomb, monument, gravestone, or	1322
other similar structure that is used as a memorial for the dead;	1323
to any fence, railing, curb, or other property that is used to	1324
protect, enclose, or ornament any cemetery; or to a cemetery.	1325

(D) No person, without privilege to do so, shall knowingly	1326
cause physical harm to a place of burial by breaking and entering	1327
into a tomb, crypt, casket, or other structure that is used as a	1328
memorial for the dead or as an enclosure for the dead.	1329

(E) Whoever violates this section is guilty of vandalism.	1330
Except as otherwise provided in this division, vandalism is a	1331
felony of the fifth degree that is punishable by a fine of up to	1332
two thousand five hundred dollars in addition to the penalties	1333
specified for a felony of the fifth degree in sections 2929.11 to	1334
2929.18 of the Revised Code. If the value of the property or the	1335
amount of physical harm involved is ~~five~~seven thousand five	1336
hundred dollars or more but less than one hundred fifty thousand	1337
dollars, vandalism is a felony of the fourth degree. If the value	1338
of the property or the amount of physical harm involved is one	1339
hundred fifty thousand dollars or more, vandalism is a felony of	1340
the third degree.	1341

(F) For purposes of this section:

1342

(1) "Cemetery" means any place of burial and includes burial	1343
sites that contain American Indian burial objects placed with or	1344
containing American Indian human remains.	1345

(2) "Serious physical harm" means physical harm to property	1346
that results in loss to the value of the property of ~~five hundred~~	1347
one thousand dollars or more.	1348

Sec. 2909.11. (A) When a person is charged with a violation	1349
of division (A)(1) of section 2909.03 of the Revised Code	1350
involving property value or an amount of physical harm of ~~five~~	1351
~~hundred~~one thousand dollars or more or with a violation of	1352
section 2909.05 of the Revised Code involving property value or	1353
an amount of physical harm of ~~five hundred~~one thousand dollars	1354
or more, the jury or court trying the accused shall determine the	1355
value of the property or amount of physical harm and, if a guilty	1356
verdict is returned, shall return the finding as part of the	1357
verdict. In any such case, it is unnecessary to find or return	1358
the exact value or amount of physical harm, section 2945.75 of	1359
the Revised Code applies, and it is sufficient if either of the	1360
following applies, as appropriate, relative to the finding and	1361
return of the value or amount of physical harm:	1362

(1) If the finding and return relate to a violation of	1363
division (A)(1) of section 2909.03 of the Revised Code and are	1364
that the value or amount of the physical harm was ~~five hundred~~	1365
one thousand dollars or more, the finding and return shall	1366
include a statement that the value or amount was ~~five hundred~~	1367
one thousand dollars or more.	1368

(2) If the finding and return relate to a violation of	1369
division section 2909.05 of the Revised Code and are that the	1370
value or amount of the physical harm was in any of the following	1371
categories, the finding and return shall include one of the	1372
following statements, as appropriate:	1373

(a) If the finding and return are that the value or amount	1374
was one hundred fifty thousand dollars or more, a statement that	1375
the value or amount was one hundred fifty thousand dollars or	1376
more;	1377

(b) If the finding and return are that the value or amount	1378
was ~~five~~seven thousand five hundred dollars or more but less than	1379
one hundred fifty thousand dollars a statement that the value or	1380
amount was ~~five~~seven thousand five hundred dollars or more but	1381
less than one hundred fifty thousand dollars;	1382

(c) If the finding and return are that the value or amount	1383
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	1384
seven thousand five hundred dollars, a statement that the value	1385
or amount was ~~five hundred~~one thousand dollars or more but less	1386
than ~~five~~seven thousand five hundred dollars.	1387

(B) The following criteria shall be used in determining the	1388
value of property or amount of physical harm involved in a	1389
violation of division (A)(1) of section 2909.03 or section 2909.05	1390
of the Revised Code:	1391

(1) If the property is an heirloom, memento, collector's	1392
item, antique, museum piece, manuscript, document, record, or	1393
other thing that is either irreplaceable or is replaceable only on	1394
the expenditure of substantial time, effort, or money, the value	1395
of the property or the amount of physical harm involved is the	1396
amount that would compensate the owner for its loss.	1397

(2) If the property is not covered under division (B)(1) of	1398
this section and the physical harm is such that the property can	1399
be restored substantially to its former condition, the amount of	1400
physical harm involved is the reasonable cost of restoring the	1401
property.	1402

(3) If the property is not covered under division (B)(1) of	1403
this section and the physical harm is such that the property	1404
cannot be restored substantially to its former condition, the	1405
value of the property, in the case of personal property, is the	1406
cost of replacing the property with new property of like kind and	1407
quality, and, in the case of real property or real property	1408
fixtures, is the difference in the fair market value of the	1409
property immediately before and immediately after the offense.	1410

(C) As used in this section, "fair market value" has the same	1411
meaning as in section 2913.61 of the Revised Code.	1412

(D) Prima-facie evidence of the value of property, as	1413
provided in division (E) of section 2913.61 of the Revised Code,	1414
may be used to establish the value of property pursuant to this	1415
section.	1416

Sec. 2913.02. (A) No person, with purpose to deprive the	1417
owner of property or services, shall knowingly obtain or exert	1418
control over either the property or services in any of the	1419
following ways:	1420

(1) Without the consent of the owner or person authorized to	1421
give consent;	1422

(2) Beyond the scope of the express or implied consent of the	1423
owner or person authorized to give consent;	1424

(3) By deception;

1425

(4) By threat;

1426

(5) By intimidation.

1427

(B)(1) Whoever violates this section is guilty of theft.

1428

(2) Except as otherwise provided in this division or division	1429
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	1430
this section is petty theft, a misdemeanor of the first degree. If	1431
the value of the property or services stolen is ~~five hundred~~one	1432
thousand dollars or more and is less than ~~five~~seven thousand five	1433
hundred dollars or if the property stolen is any of the property	1434
listed in section 2913.71 of the Revised Code, a violation of this	1435
section is theft, a felony of the fifth degree. If the value of	1436
the property or services stolen is ~~five~~seven thousand five	1437
hundred dollars or more and is less than one hundred fifty	1438
thousand dollars, a violation of this section is grand theft, a	1439
felony of the fourth degree. If the value of the property or	1440
services stolen is one hundred fifty thousand dollars or more and	1441
is less than ~~five~~seven hundred fifty thousand dollars, a	1442
violation of this section is aggravated theft, a felony of the	1443
third degree. If the value of the property or services is ~~five~~	1444
seven hundred fifty thousand dollars or more and is less than one	1445
million five hundred thousand dollars, a violation of this section	1446
is aggravated theft, a felony of the second degree. If the value	1447
of the property or services stolen is one million five hundred	1448
thousand dollars or more, a violation of this section is	1449
aggravated theft of one million five hundred thousand dollars or	1450
more, a felony of the first degree.	1451

(3) Except as otherwise provided in division (B)(4), (5),	1452
(6), (7), or (8) of this section, if the victim of the offense is	1453
an elderly person or disabled adult, a violation of this section	1454
is theft from an elderly person or disabled adult, and division	1455
(B)(3) of this section applies. Except as otherwise provided in	1456
this division, theft from an elderly person or disabled adult is a	1457
felony of the fifth degree. If the value of the property or	1458
services stolen is ~~five hundred~~one thousand dollars or more and	1459
is less than ~~five~~seven thousand five hundred dollars, theft from	1460
an elderly person or disabled adult is a felony of the fourth	1461
degree. If the value of the property or services stolen is ~~five~~	1462
seven thousand five hundred dollars or more and is less than	1463
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	1464
an elderly person or disabled adult is a felony of the third	1465
degree. If the value of the property or services stolen is	1466
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	1467
is less than one hundred fifty thousand dollars, theft from an	1468
elderly person or disabled adult is a felony of the second degree.	1469
If the value of the property or services stolen is one hundred	1470
fifty thousand dollars or more, theft from an elderly person or	1471
disabled adult is a felony of the first degree.	1472

(4) If the property stolen is a firearm or dangerous	1473
ordnance, a violation of this section is grand theft. Except as	1474
otherwise provided in this division, grand theft when the property	1475
stolen is a firearm or dangerous ordnance is a felony of the third	1476
degree, and there is a presumption in favor of the court imposing	1477
a prison term for the offense. If the firearm or dangerous	1478
ordnance was stolen from a federally licensed firearms dealer,	1479
grand theft when the property stolen is a firearm or dangerous	1480
ordnance is a felony of the first degree. The offender shall serve	1481
a prison term imposed for grand theft when the property stolen is	1482
a firearm or dangerous ordnance consecutively to any other prison	1483
term or mandatory prison term previously or subsequently imposed	1484
upon the offender.	1485

(5) If the property stolen is a motor vehicle, a violation of	1486
this section is grand theft of a motor vehicle, a felony of the	1487
fourth degree.	1488

(6) If the property stolen is any dangerous drug, a violation	1489
of this section is theft of drugs, a felony of the fourth degree,	1490
or, if the offender previously has been convicted of a felony drug	1491
abuse offense, a felony of the third degree.	1492

(7) If the property stolen is a police dog or horse or an	1493
assistance dog and the offender knows or should know that the	1494
property stolen is a police dog or horse or an assistance dog, a	1495
violation of this section is theft of a police dog or horse or an	1496
assistance dog, a felony of the third degree.	1497

(8) If the property stolen is anhydrous ammonia, a violation	1498
of this section is theft of anhydrous ammonia, a felony of the	1499
third degree.	1500

(9) In addition to the penalties described in division (B)(2)	1501
of this section, if the offender committed the violation by	1502
causing a motor vehicle to leave the premises of an establishment	1503
at which gasoline is offered for retail sale without the offender	1504
making full payment for gasoline that was dispensed into the fuel	1505
tank of the motor vehicle or into another container, the court may	1506
do one of the following:	1507

(a) Unless division (B)(9)(b) of this section applies,	1508
suspend for not more than six months the offender's driver's	1509
license, probationary driver's license, commercial driver's	1510
license, temporary instruction permit, or nonresident operating	1511
privilege;	1512

(b) If the offender's driver's license, probationary driver's	1513
license, commercial driver's license, temporary instruction	1514
permit, or nonresident operating privilege has previously been	1515
suspended pursuant to division (B)(9)(a) of this section, impose a	1516
class seven suspension of the offender's license, permit, or	1517
privilege from the range specified in division (A)(7) of section	1518
4510.02 of the Revised Code, provided that the suspension shall be	1519
for at least six months.	1520

(10) In addition to the penalties described in division	1521
(B)(2) of this section, if the offender committed the violation by	1522
stealing rented property or rental services, the court may order	1523
that the offender make restitution pursuant to section 2929.18 or	1524
2929.28 of the Revised Code. Restitution may include, but is not	1525
limited to, the cost of repairing or replacing the stolen	1526
property, or the cost of repairing the stolen property and any	1527
loss of revenue resulting from deprivation of the property due to	1528
theft of rental services that is less than or equal to the actual	1529
value of the property at the time it was rented. Evidence of	1530
intent to commit theft of rented property or rental services shall	1531
be determined pursuant to the provisions of section 2913.72 of the	1532
Revised Code.	1533

(C) The sentencing court that suspends an offender's license,	1534
permit, or nonresident operating privilege under division (B)(9)	1535
of this section may grant the offender limited driving privileges	1536
during the period of the suspension in accordance with Chapter	1537
4510. of the Revised Code.	1538

Sec. 2913.03. (A) No person shall knowingly use or operate	1539
an aircraft, motor vehicle, motorcycle, motorboat, or other	1540
motor-propelled vehicle without the consent of the owner or person	1541
authorized to give consent.	1542

(B) No person shall knowingly use or operate an aircraft,	1543
motor vehicle, motorboat, or other motor-propelled vehicle without	1544
the consent of the owner or person authorized to give consent, and	1545
either remove it from this state or keep possession of it for more	1546
than forty-eight hours.	1547

(C) The following are affirmative defenses to a charge under	1548
this section:	1549

(1) At the time of the alleged offense, the actor, though	1550
mistaken, reasonably believed that the actor was authorized to use	1551
or operate the property.	1552

(2) At the time of the alleged offense, the actor reasonably	1553
believed that the owner or person empowered to give consent would	1554
authorize the actor to use or operate the property.	1555

(D)(1) Whoever violates this section is guilty of	1556
unauthorized use of a vehicle.	1557

(2) Except as otherwise provided in division (D)(4) of this	1558
section, a violation of division (A) of this section is a	1559
misdemeanor of the first degree.	1560

(3) Except as otherwise provided in division (D)(4) of this	1561
section, a violation of division (B) of this section is a felony	1562
of the fifth degree.	1563

(4) If the victim of the offense is an elderly person or	1564
disabled adult and if the victim incurs a loss as a result of the	1565
violation, a violation of division (A) or (B) of this section is	1566
whichever of the following is applicable:	1567

(a) Except as otherwise provided in division (D)(4)(b), (c),	1568
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	1569

(b) If the loss to the victim is ~~five hundred~~one thousand	1570
dollars or more and is less than ~~five~~seven thousand five hundred	1571
dollars, a felony of the fourth degree;	1572

(c) If the loss to the victim is ~~five~~seven thousand five	1573
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	1574
thousand five hundred dollars, a felony of the third degree;	1575

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	1576
thousand five hundred dollars or more, a felony of the second	1577
degree.	1578

Sec. 2913.04. (A) No person shall knowingly use or operate	1579
the property of another without the consent of the owner or person	1580
authorized to give consent.	1581

(B) No person, in any manner and by any means, including, but	1582
not limited to, computer hacking, shall knowingly gain access to,	1583
attempt to gain access to, or cause access to be gained to any	1584
computer, computer system, computer network, cable service, cable	1585
system, telecommunications device, telecommunications service, or	1586
information service without the consent of, or beyond the scope of	1587
the express or implied consent of, the owner of the computer,	1588
computer system, computer network, cable service, cable system,	1589
telecommunications device, telecommunications service, or	1590
information service or other person authorized to give consent.	1591

(C) No person shall knowingly gain access to, attempt to gain	1592
access to, cause access to be granted to, or disseminate	1593
information gained from access to the law enforcement automated	1594
database system created pursuant to section 5503.10 of the Revised	1595
Code without the consent of, or beyond the scope of the express or	1596
implied consent of, the chair of the law enforcement automated	1597
data system steering committee.	1598

(D) The affirmative defenses contained in division (C) of	1599
section 2913.03 of the Revised Code are affirmative defenses to a	1600
charge under this section.	1601

(E)(1) Whoever violates division (A) of this section is	1602
guilty of unauthorized use of property.	1603

(2) Except as otherwise provided in division (E)(3) or (4) of	1604
this section, unauthorized use of property is a misdemeanor of the	1605
fourth degree.	1606

(3) Except as otherwise provided in division (E)(4) of this	1607
section, if unauthorized use of property is committed for the	1608
purpose of devising or executing a scheme to defraud or to obtain	1609
property or services, unauthorized use of property is whichever of	1610
the following is applicable:	1611

(a) Except as otherwise provided in division (E)(3)(b), (c),	1612
or (d) of this section, a misdemeanor of the first degree.	1613

(b) If the value of the property or services or the loss to	1614
the victim is ~~five hundred~~one thousand dollars or more and is	1615
less than ~~five~~seven thousand five hundred dollars, a felony of	1616
the fifth degree.	1617

(c) If the value of the property or services or the loss to	1618
the victim is ~~five~~seven thousand five hundred dollars or more and	1619
is less than one hundred fifty thousand dollars, a felony of the	1620
fourth degree.	1621

(d) If the value of the property or services or the loss to	1622
the victim is one hundred fifty thousand dollars or more, a felony	1623
of the third degree.	1624

(4) If the victim of the offense is an elderly person or	1625
disabled adult, unauthorized use of property is whichever of the	1626
following is applicable:	1627

(a) Except as otherwise provided in division (E)(4)(b), (c),	1628
or (d) of this section, a felony of the fifth degree;	1629

(b) If the value of the property or services or loss to the	1630
victim is ~~five hundred~~one thousand dollars or more and is less	1631
than ~~five~~seven thousand five hundred dollars, a felony of the	1632
fourth degree;	1633

(c) If the value of the property or services or loss to the	1634
victim is ~~five~~seven thousand five hundred dollars or more and is	1635
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1636
a felony of the third degree;	1637

(d) If the value of the property or services or loss to the	1638
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1639
or more, a felony of the second degree.	1640

(F)(1) Whoever violates division (B) of this section is	1641
guilty of unauthorized use of computer, cable, or	1642
telecommunication property, and shall be punished as provided in	1643
division (F)(2), (3), or (4) of this section.	1644

(2) Except as otherwise provided in division (F)(3) or (4) of	1645
this section, unauthorized use of computer, cable, or	1646
telecommunication property is a felony of the fifth degree.	1647

(3) Except as otherwise provided in division (F)(4) of this	1648
section, if unauthorized use of computer, cable, or	1649
telecommunication property is committed for the purpose of	1650
devising or executing a scheme to defraud or to obtain property or	1651
services, for obtaining money, property, or services by false or	1652
fraudulent pretenses, or for committing any other criminal	1653
offense, unauthorized use of computer, cable, or telecommunication	1654
property is whichever of the following is applicable:	1655

(a) Except as otherwise provided in division (F)(3)(b) of	1656
this section, if the value of the property or services involved or	1657
the loss to the victim is ~~five~~seven thousand five hundred dollars	1658
or more and less than one hundred fifty thousand dollars, a felony	1659
of the fourth degree;	1660

(b) If the value of the property or services involved or the	1661
loss to the victim is one hundred fifty thousand dollars or more,	1662
a felony of the third degree.	1663

(4) If the victim of the offense is an elderly person or	1664
disabled adult, unauthorized use of computer, cable, or	1665
telecommunication property is whichever of the following is	1666
applicable:	1667

(a) Except as otherwise provided in division (F)(4)(b), (c),	1668
or (d) of this section, a felony of the fifth degree;	1669

(b) If the value of the property or services or loss to the	1670
victim is ~~five hundred~~one thousand dollars or more and is less	1671
than ~~five~~seven thousand five hundred dollars, a felony of the	1672
fourth degree;	1673

(c) If the value of the property or services or loss to the	1674
victim is ~~five~~seven thousand five hundred dollars or more and is	1675
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1676
a felony of the third degree;	1677

(d) If the value of the property or services or loss to the	1678
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1679
or more, a felony of the second degree.	1680

(G) Whoever violates division (C) of this section is guilty	1681
of unauthorized use of the law enforcement automated database	1682
system, a felony of the fifth degree.	1683

(H) As used in this section:

1684

(1) "Cable operator" means any person or group of persons	1685
that does either of the following:	1686

(a) Provides cable service over a cable system and directly	1687
or through one or more affiliates owns a significant interest in	1688
that cable system;	1689

(b) Otherwise controls or is responsible for, through any	1690
arrangement, the management and operation of a cable system.	1691

(2) "Cable service" means any of the following:

1692

(a) The one-way transmission to subscribers of video	1693
programming or of information that a cable operator makes	1694
available to all subscribers generally;	1695

(b) Subscriber interaction, if any, that is required for the	1696
selection or use of video programming or of information that a	1697
cable operator makes available to all subscribers generally, both	1698
as described in division (H)(2)(a) of this section;	1699

1700

(3) "Cable system" means any facility, consisting of a set of	1701
closed transmission paths and associated signal generation,	1702
reception, and control equipment that is designed to provide cable	1703
service that includes video programming and that is provided to	1704
multiple subscribers within a community. "Cable system" does not	1705
include any of the following:	1706

(a) Any facility that serves only to retransmit the	1707
television signals of one or more television broadcast stations;	1708

(b) Any facility that serves subscribers without using any	1709
public right-of-way;	1710

(c) Any facility of a common carrier that, under 47 U.S.C.A.	1711
522(7)(c), is excluded from the term "cable system" as defined in	1712
47 U.S.C.A. 522(7);	1713

(d) Any open video system that complies with 47 U.S.C.A. 573;

1714

(e) Any facility of any electric utility used solely for	1715
operating its electric utility system.	1716

Sec. 2913.11. (A) As used in this section:

1717

(1) "Check" includes any form of debit from a demand deposit	1718
account, including, but not limited to any of the following:	1719

(a) A check, bill of exchange, draft, order of withdrawal, or	1720
similar negotiable or non-negotiable instrument;	1721

(b) An electronic check, electronic transaction, debit card	1722
transaction, check card transaction, substitute check, web check,	1723
or any form of automated clearing house transaction.	1724

(2) "Issue a check" means causing any form of debit from a	1725
demand deposit account.	1726

(B) No person, with purpose to defraud, shall issue or	1727
transfer or cause to be issued or transferred a check or other	1728
negotiable instrument, knowing that it will be dishonored or	1729
knowing that a person has ordered or will order stop payment on	1730
the check or other negotiable instrument.	1731

(C) For purposes of this section, a person who issues or	1732
transfers a check or other negotiable instrument is presumed to	1733
know that it will be dishonored if either of the following occurs:	1734

(1) The drawer had no account with the drawee at the time of	1735
issue or the stated date, whichever is later;	1736

(2) The check or other negotiable instrument was properly	1737
refused payment for insufficient funds upon presentment within	1738
thirty days after issue or the stated date, whichever is later,	1739
and the liability of the drawer, indorser, or any party who may be	1740
liable thereon is not discharged by payment or satisfaction within	1741
ten days after receiving notice of dishonor.	1742

(D) For purposes of this section, a person who issues or	1743
transfers a check, bill of exchange, or other draft is presumed	1744
to have the purpose to defraud if the drawer fails to comply with	1745
section 1349.16 of the Revised Code by doing any of the following	1746
when opening a checking account intended for personal, family, or	1747
household purposes at a financial institution:	1748

(1) Falsely stating that the drawer has not been issued a	1749
valid driver's or commercial driver's license or identification	1750
card issued under section 4507.50 of the Revised Code;	1751

(2) Furnishing such license or card, or another	1752
identification document that contains false information;	1753

(3) Making a false statement with respect to the drawer's	1754
current address or any additional relevant information reasonably	1755
required by the financial institution.	1756

(E) In determining the value of the payment for purposes of	1757
division (F) of this section, the court may aggregate all checks	1758
and other negotiable instruments that the offender issued or	1759
transferred or caused to be issued or transferred in violation of	1760
division (A) of this section within a period of one hundred eighty	1761
consecutive days.	1762

(F) Whoever violates this section is guilty of passing bad	1763
checks. Except as otherwise provided in this division, passing bad	1764
checks is a misdemeanor of the first degree. If the check or	1765
checks or other negotiable instrument or instruments are issued or	1766
transferred to a single vendor or single other person for the	1767
payment of ~~five hundred~~one thousand dollars or more but less than	1768
~~five~~seven thousand five hundred dollars or if the check or checks	1769
or other negotiable instrument or instruments are issued or	1770
transferred to multiple vendors or persons for the payment of one	1771
thousand five hundred dollars or more but less than ~~five~~seven	1772
thousand five hundred dollars, passing bad checks is a felony of	1773
the fifth degree. If the check or checks or other negotiable	1774
instrument or instruments are for the payment of ~~five~~seven	1775
thousand five hundred dollars or more but less than one hundred	1776
fifty thousand dollars, passing bad checks is a felony of the	1777
fourth degree. If the check or checks or other negotiable	1778
instrument or instruments are for the payment of one hundred	1779
fifty thousand dollars or more, passing bad checks is a felony of	1780
the third degree.	1781

Sec. 2913.21. (A) No person shall do any of the following:

1782

(1) Practice deception for the purpose of procuring the	1783
issuance of a credit card, when a credit card is issued in actual	1784
reliance thereon;	1785

(2) Knowingly buy or sell a credit card from or to a person	1786
other than the issuer.	1787

(B) No person, with purpose to defraud, shall do any of the	1788
following:	1789

(1) Obtain control over a credit card as security for a debt;

1790

(2) Obtain property or services by the use of a credit card,	1791
in one or more transactions, knowing or having reasonable cause to	1792
believe that the card has expired or been revoked, or was	1793
obtained, is retained, or is being used in violation of law;	1794

(3) Furnish property or services upon presentation of a	1795
credit card, knowing that the card is being used in violation of	1796
law;	1797

(4) Represent or cause to be represented to the issuer of a	1798
credit card that property or services have been furnished, knowing	1799
that the representation is false.	1800

(C) No person, with purpose to violate this section, shall	1801
receive, possess, control, or dispose of a credit card.	1802

(D)(1) Whoever violates this section is guilty of misuse of	1803
credit cards.	1804

(2) Except as otherwise provided in division (D)(4) of this	1805
section, a violation of division (A), (B)(1), or (C) of this	1806
section is a misdemeanor of the first degree.	1807

(3) Except as otherwise provided in this division or division	1808
(D)(4) of this section, a violation of division (B)(2), (3), or	1809
(4) of this section is a misdemeanor of the first degree. If the	1810
cumulative retail value of the property and services involved in	1811
one or more violations of division (B)(2), (3), or (4) of this	1812
section, which violations involve one or more credit card accounts	1813
and occur within a period of ninety consecutive days commencing on	1814
the date of the first violation, is ~~five hundred~~one thousand	1815
dollars or more and is less than ~~five~~seven thousand five hundred	1816
dollars, misuse of credit cards in violation of any of those	1817
divisions is a felony of the fifth degree. If the cumulative	1818
retail value of the property and services involved in one or more	1819
violations of division (B)(2), (3), or (4) of this section, which	1820
violations involve one or more credit card accounts and occur	1821
within a period of ninety consecutive days commencing on the date	1822
of the first violation, is ~~five~~seven thousand five hundred	1823
dollars or more and is less than one hundred fifty thousand	1824
dollars, misuse of credit cards in violation of any of those	1825
divisions is a felony of the fourth degree. If the cumulative	1826
retail value of the property and services involved in one or more	1827
violations of division (B)(2), (3), or (4) of this section, which	1828
violations involve one or more credit card accounts and occur	1829
within a period of ninety consecutive days commencing on the	1830
date of the first violation, is one hundred fifty thousand dollars	1831
or more, misuse of credit cards in violation of any of those	1832
divisions is a felony of the third degree.	1833

(4) If the victim of the offense is an elderly person or	1834
disabled adult, and if the offense involves a violation of	1835
division (B)(1) or (2) of this section, division (D)(4) of this	1836
section applies. Except as otherwise provided in division (D)(4)	1837
of this section, a violation of division (B)(1) or (2) of this	1838
section is a felony of the fifth degree. If the debt for which the	1839
card is held as security or the cumulative retail value of the	1840
property or services involved in the violation is ~~five hundred~~	1841
one thousand dollars or more and is less than ~~five~~seven thousand	1842
five hundred dollars, a violation of either of those divisions is	1843
a felony of the fourth degree. If the debt for which the card is	1844
held as security or the cumulative retail value of the property or	1845
services involved in the violation is ~~five~~seven thousand five	1846
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	1847
thousand five hundred dollars, a violation of either of those	1848
divisions is a felony of the third degree. If the debt for which	1849
the card is held as security or the cumulative retail value of	1850
the property or services involved in the violation is ~~twenty-five~~	1851
thirty-seven thousand five hundred dollars or more, a violation of	1852
either of those divisions is a felony of the second degree.	1853

Sec. 2913.31. (A) No person, with purpose to defraud, or	1854
knowing that the person is facilitating a fraud, shall do any of	1855
the following:	1856

(1) Forge any writing of another without the other person's	1857
authority;	1858

(2) Forge any writing so that it purports to be genuine when	1859
it actually is spurious, or to be the act of another who did not	1860
authorize that act, or to have been executed at a time or place or	1861
with terms different from what in fact was the case, or to be a	1862
copy of an original when no such original existed;	1863

(3) Utter, or possess with purpose to utter, any writing that	1864
the person knows to have been forged.	1865

(B) No person shall knowingly do either of the following:

1866

(1) Forge an identification card;

1867

(2) Sell or otherwise distribute a card that purports to be	1868
an identification card, knowing it to have been forged.	1869

As used in this division, "identification card" means a card	1870
that includes personal information or characteristics of an	1871
individual, a purpose of which is to establish the identity of the	1872
bearer described on the card, whether the words "identity,"	1873
"identification," "identification card," or other similar words	1874
appear on the card.	1875

(C)(1)(a) Whoever violates division (A) of this section is	1876
guilty of forgery.	1877

(b) Except as otherwise provided in this division or division	1878
(C)(1)(c) of this section, forgery is a felony of the fifth	1879
degree. If property or services are involved in the offense or	1880
the victim suffers a loss, forgery is one of the following:	1881

(i) If the value of the property or services or the loss to	1882
the victim is ~~five~~seven thousand five hundred dollars or more and	1883
is less than one hundred fifty thousand dollars, a felony of the	1884
fourth degree;	1885

(ii) If the value of the property or services or the loss to	1886
the victim is one hundred fifty thousand dollars or more, a felony	1887
of the third degree.	1888

(c) If the victim of the offense is an elderly person or	1889
disabled adult, division (C)(1)(c) of this section applies to the	1890
forgery. Except as otherwise provided in division (C)(1)(c) of	1891
this section, forgery is a felony of the fifth degree. If property	1892
or services are involved in the offense or if the victim suffers a	1893
loss, forgery is one of the following:	1894

(i) If the value of the property or services or the loss to	1895
the victim is ~~five hundred~~one thousand dollars or more and is	1896
less than ~~five~~seven thousand five hundred dollars, a felony of	1897
the fourth degree;	1898

(ii) If the value of the property or services or the loss to	1899
the victim is ~~five~~seven thousand five hundred dollars or more and	1900
is less than ~~twenty-five~~thirty-seven thousand five hundred	1901
dollars, a felony of the third degree;	1902

(iii) If the value of the property or services or the loss to	1903
the victim is ~~twenty-five~~thirty-seven thousand five hundred	1904
dollars or more, a felony of the second degree.	1905

(2) Whoever violates division (B) of this section is guilty	1906
of forging identification cards or selling or distributing forged	1907
identification cards. Except as otherwise provided in this	1908
division, forging identification cards or selling or distributing	1909
forged identification cards is a misdemeanor of the first degree.	1910
If the offender previously has been convicted of a violation of	1911
division (B) of this section, forging identification cards or	1912
selling or distributing forged identification cards is a	1913
misdemeanor of the first degree and, in addition, the court shall	1914
impose upon the offender a fine of not less than two hundred fifty	1915
dollars.	1916

Sec. 2913.32. (A) No person, with purpose to defraud, or	1917
knowing that the person is facilitating a fraud, shall do any of	1918
the following:	1919

(1) Make or alter any object so that it appears to have value	1920
because of antiquity, rarity, curiosity, source, or authorship,	1921
which it does not in fact possess;	1922

(2) Practice deception in making, retouching, editing, or	1923
reproducing any photograph, movie film, video tape, phonograph	1924
record, or recording tape;	1925

(3) Falsely or fraudulently make, simulate, forge, alter, or	1926
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	1927
the liquor control commission under Chapters 4301. and 4303. of	1928
the Revised Code, falsely or fraudulently cause to be made,	1929
simulated, forged, altered, or counterfeited any wrapper, label,	1930
stamp, cork, or cap prescribed by the liquor control commission	1931
under Chapters 4301. and 4303. of the Revised Code, or use more	1932
than once any wrapper, label, stamp, cork, or cap prescribed by	1933
the liquor control commission under Chapters 4301. and 4303. of	1934
the Revised Code.	1935

(4) Utter, or possess with purpose to utter, any object that	1936
the person knows to have been simulated as provided in division	1937
(A)(1), (2), or (3) of this section.	1938

(B) Whoever violates this section is guilty of criminal	1939
simulation. Except as otherwise provided in this division,	1940
criminal simulation is a misdemeanor of the first degree. If the	1941
loss to the victim is ~~five hundred~~one thousand dollars or more	1942
and is less than ~~five~~seven thousand five hundred dollars,	1943
criminal simulation is a felony of the fifth degree. If the loss	1944
to the victim is ~~five~~seven thousand five hundred dollars or more	1945
and is less than one hundred fifty thousand dollars, criminal	1946
simulation is a felony of the fourth degree. If the loss to the	1947
victim is one hundred fifty thousand dollars or more, criminal	1948
simulation is a felony of the third degree.	1949

Sec. 2913.34. (A) No person shall knowingly do any of the	1950
following:	1951

(1) Attach, affix, or otherwise use a counterfeit mark in	1952
connection with the manufacture of goods or services, whether or	1953
not the goods or services are intended for sale or resale;	1954

(2) Possess, sell, or offer for sale tools, machines,	1955
instruments, materials, articles, or other items of personal	1956
property with the knowledge that they are designed for the	1957
production or reproduction of counterfeit marks;	1958

(3) Purchase or otherwise acquire goods, and keep or	1959
otherwise have the goods in the person's possession, with the	1960
knowledge that a counterfeit mark is attached to, affixed to, or	1961
otherwise used in connection with the goods and with the intent to	1962
sell or otherwise dispose of the goods;	1963

(4) Sell, offer for sale, or otherwise dispose of goods with	1964
the knowledge that a counterfeit mark is attached to, affixed to,	1965
or otherwise used in connection with the goods;	1966

(5) Sell, offer for sale, or otherwise provide services with	1967
the knowledge that a counterfeit mark is used in connection with	1968
that sale, offer for sale, or other provision of the services.	1969

(B)(1) Whoever violates this section is guilty of trademark	1970
counterfeiting.	1971

(2) Except as otherwise provided in this division, a	1972
violation of division (A)(1) of this section is a felony of the	1973
fifth degree. Except as otherwise provided in this division, if	1974
the cumulative sales price of the goods or services to which or in	1975
connection with which the counterfeit mark is attached, affixed,	1976
or otherwise used in the offense is five thousand dollars or more	1977
but less than one hundred thousand dollars or if the number of	1978
units of goods to which or in connection with which the	1979
counterfeit mark is attached, affixed, or otherwise used in the	1980
offense is more than one hundred units but less than one thousand	1981
units, a violation of division (A)(1) of this section is a felony	1982
of the fourth degree. If the cumulative sales price of the goods	1983
or services to which or in connection with which the counterfeit	1984
mark is attached, affixed, or otherwise used in the offense is one	1985
hundred thousand dollars or more or if the number of units of	1986
goods to which or in connection with which the counterfeit mark is	1987
attached, affixed, or otherwise used in the offense is one	1988
thousand units or more, a violation of division (A)(1) of this	1989
section is a felony of the third degree.	1990

(3) Except as otherwise provided in this division, a	1991
violation of division (A)(2) of this section is a misdemeanor of	1992
the first degree. If the circumstances of the violation indicate	1993
that the tools, machines, instruments, materials, articles, or	1994
other items of personal property involved in the violation were	1995
intended for use in the commission of a felony, a violation of	1996
division (A)(2) of this section is a felony of the fifth degree.	1997

(4) Except as otherwise provided in this division, a	1998
violation of division (A)(3), (4), or (5) of this section is a	1999
misdemeanor of the first degree. Except as otherwise provided in	2000
this division, if the cumulative sales price of the goods or	2001
services to which or in connection with which the counterfeit mark	2002
is attached, affixed, or otherwise used in the offense is ~~five~~	2003
~~hundred~~one thousand dollars or more but less than ~~five~~seven	2004
thousand five hundred dollars, a violation of division (A)(3),	2005
(4), or (5) of this section is a felony of the fifth degree.	2006
Except as otherwise provided in this division, if the cumulative	2007
sales price of the goods or services to which or in connection	2008
with which the counterfeit mark is attached, affixed, or otherwise	2009
used in the offense is ~~five~~seven thousand five hundred dollars	2010
or more but less than one hundred fifty thousand dollars or if	2011
the number of units of goods to which or in connection with	2012
which the counterfeit mark is attached, affixed, or otherwise	2013
used in the offense is more than one hundred units but less than	2014
one thousand units, a violation of division (A)(3), (4), or (5) of	2015
this section is a felony of the fourth degree. If the cumulative	2016
sales price of the goods or services to which or in connection	2017
with which the counterfeit mark is attached, affixed, or otherwise	2018
used in the offense is one hundred fifty thousand dollars or	2019
more or if the number of units of goods to which or in connection	2020
with which the counterfeit mark is attached, affixed, or otherwise	2021
used in the offense is one thousand units or more, a violation of	2022
division (A)(3), (4), or (5) of this section is a felony of the	2023
third degree.	2024

(C) A defendant may assert as an affirmative defense to a	2025
charge of a violation of this section defenses, affirmative	2026
defenses, and limitations on remedies that would be available in a	2027
civil, criminal, or administrative action or proceeding under the	2028
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	2029
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	2030
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	2031
of the Revised Code, or common law.	2032

(D)(1) Law enforcement officers may seize pursuant to	2033
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	2034
either of the following:	2035

(a) Goods to which or in connection with which a person	2036
attached, affixed, otherwise used, or intended to attach, affix,	2037
or otherwise use a counterfeit mark in violation of this section;	2038

(b) Tools, machines, instruments, materials, articles,	2039
vehicles, or other items of personal property that are possessed,	2040
sold, offered for sale, or used in a violation of this section or	2041
in an attempt to commit or complicity in the commission of a	2042
violation of this section.	2043

(2) Notwithstanding any contrary provision of Chapter 2981.	2044
of the Revised Code, if a person is convicted of or pleads guilty	2045
to a violation of this section, an attempt to violate this	2046
section, or complicity in a violation of this section, the court	2047
involved shall declare that the goods described in division	2048
(D)(1)(a) of this section and the personal property described in	2049
division (D)(1)(b) of this section are contraband and are	2050
forfeited. Prior to the court's entry of judgment under Criminal	2051
Rule 32, the owner of a registered trademark or service mark that	2052
is the subject of the counterfeit mark may recommend a manner in	2053
which the forfeited goods and forfeited personal property should	2054
be disposed of. If that owner makes a timely recommendation of a	2055
manner of disposition, the court is not bound by the	2056
recommendation. If that owner makes a timely recommendation of a	2057
manner of disposition, the court may include in its entry of	2058
judgment an order that requires appropriate persons to dispose of	2059
the forfeited goods and forfeited personal property in the	2060
recommended manner. If that owner fails to make a timely	2061
recommendation of a manner of disposition or if that owner makes a	2062
timely recommendation of the manner of disposition but the court	2063
determines to not follow the recommendation, the court shall	2064
include in its entry of judgment an order that requires the law	2065
enforcement agency that employs the law enforcement officer who	2066
seized the forfeited goods or the forfeited personal property to	2067
destroy them or cause their destruction.	2068

(E) This section does not affect the rights of an owner of a	2069
trademark or a service mark, or the enforcement in a civil action	2070
or in administrative proceedings of the rights of an owner of a	2071
trademark or a service mark, under the "Lanham Act," 60 Stat.	2072
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	2073
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	2074
amended, Chapter 1329. or another section of the Revised Code, or	2075
common law.	2076

(F) As used in this section:

2077

(1)(a) Except as provided in division (F)(1)(b) of this	2078
section, "counterfeit mark" means a spurious trademark or a	2079
spurious service mark that satisfies both of the following:	2080

(i) It is identical with or substantially indistinguishable	2081
from a mark that is registered on the principal register in the	2082
United States patent and trademark office for the same goods or	2083
services as the goods or services to which or in connection with	2084
which the spurious trademark or spurious service mark is attached,	2085
affixed, or otherwise used or from a mark that is registered with	2086
the secretary of state pursuant to sections 1329.54 to 1329.67 of	2087
the Revised Code for the same goods or services as the goods or	2088
services to which or in connection with which the spurious	2089
trademark or spurious service mark is attached, affixed, or	2090
otherwise used, and the owner of the registration uses the	2091
registered mark, whether or not the offender knows that the mark	2092
is registered in a manner described in division (F)(1)(a)(i) of	2093
this section.	2094

(ii) Its use is likely to cause confusion or mistake or to	2095
deceive other persons.	2096

(b) "Counterfeit mark" does not include a mark or other	2097
designation that is attached to, affixed to, or otherwise used in	2098
connection with goods or services if the holder of the right to	2099
use the mark or other designation authorizes the manufacturer,	2100
producer, or vendor of those goods or services to attach, affix,	2101
or otherwise use the mark or other designation in connection with	2102
those goods or services at the time of their manufacture,	2103
production, or sale.	2104

(2) "Cumulative sales price" means the product of the lowest	2105
single unit sales price charged or sought to be charged by an	2106
offender for goods to which or in connection with which a	2107
counterfeit mark is attached, affixed, or otherwise used or of the	2108
lowest single service transaction price charged or sought to be	2109
charged by an offender for services in connection with which a	2110
counterfeit mark is used, multiplied by the total number of those	2111
goods or services, whether or not units of goods are sold or are	2112
in an offender's possession, custody, or control.	2113

(3) "Registered trademark or service mark" means a trademark	2114
or service mark that is registered in a manner described in	2115
division (F)(1) of this section.	2116

(4) "Trademark" and "service mark" have the same meanings as	2117
in section 1329.54 of the Revised Code.	2118

Sec. 2913.40. (A) As used in this section:

2119

(1) "Statement or representation" means any oral, written,	2120
electronic, electronic impulse, or magnetic communication that is	2121
used to identify an item of goods or a service for which	2122
reimbursement may be made under the medical assistance program or	2123
that states income and expense and is or may be used to determine	2124
a rate of reimbursement under the medical assistance program.	2125

(2) "Medical assistance program" means the program	2126
established by the department of job and family services to	2127
provide medical assistance under section 5111.01 of the Revised	2128
Code and the medicaid program of Title XIX of the "Social Security	2129
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	2130

(3) "Provider" means any person who has signed a provider	2131
agreement with the department of job and family services to	2132
provide goods or services pursuant to the medical assistance	2133
program or any person who has signed an agreement with a party to	2134
such a provider agreement under which the person agrees to provide	2135
goods or services that are reimbursable under the medical	2136
assistance program.	2137

(4) "Provider agreement" means an oral or written agreement	2138
between the department of job and family services and a person in	2139
which the person agrees to provide goods or services under the	2140
medical assistance program.	2141

(5) "Recipient" means any individual who receives goods or	2142
services from a provider under the medical assistance program.	2143

(6) "Records" means any medical, professional, financial, or	2144
business records relating to the treatment or care of any	2145
recipient, to goods or services provided to any recipient, or to	2146
rates paid for goods or services provided to any recipient and any	2147
records that are required by the rules of the director of job and	2148
family services to be kept for the medical assistance program.	2149

(B) No person shall knowingly make or cause to be made a	2150
false or misleading statement or representation for use in	2151
obtaining reimbursement from the medical assistance program.	2152

(C) No person, with purpose to commit fraud or knowing that	2153
the person is facilitating a fraud, shall do either of the	2154
following:	2155

(1) Contrary to the terms of the person's provider agreement,	2156
charge, solicit, accept, or receive for goods or services that the	2157
person provides under the medical assistance program any property,	2158
money, or other consideration in addition to the amount of	2159
reimbursement under the medical assistance program and the	2160
person's provider agreement for the goods or services and any	2161
cost-sharing expenses authorized by section 5111.0112 of the	2162
Revised Code or rules adopted pursuant to section 5111.01,	2163
5111.011, or 5111.02 of the Revised Code.	2164

(2) Solicit, offer, or receive any remuneration, other than	2165
any cost-sharing expenses authorized by section 5111.0112 of the	2166
Revised Code or rules adopted under section 5111.01, 5111.011, or	2167
5111.02 of the Revised Code, in cash or in kind, including, but	2168
not limited to, a kickback or rebate, in connection with the	2169
furnishing of goods or services for which whole or partial	2170
reimbursement is or may be made under the medical assistance	2171
program.	2172

(D) No person, having submitted a claim for or provided goods	2173
or services under the medical assistance program, shall do either	2174
of the following for a period of at least six years after a	2175
reimbursement pursuant to that claim, or a reimbursement for those	2176
goods or services, is received under the medical assistance	2177
program:	2178

(1) Knowingly alter, falsify, destroy, conceal, or remove any	2179
records that are necessary to fully disclose the nature of all	2180
goods or services for which the claim was submitted, or for which	2181
reimbursement was received, by the person;	2182

(2) Knowingly alter, falsify, destroy, conceal, or remove any	2183
records that are necessary to disclose fully all income and	2184
expenditures upon which rates of reimbursements were based for the	2185
person.	2186

(E) Whoever violates this section is guilty of medicaid	2187
fraud. Except as otherwise provided in this division, medicaid	2188
fraud is a misdemeanor of the first degree. If the value of	2189
property, services, or funds obtained in violation of this section	2190
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	2191
seven thousand five hundred dollars, medicaid fraud is a felony of	2192
the fifth degree. If the value of property, services, or funds	2193
obtained in violation of this section is ~~five~~seven thousand five	2194
hundred dollars or more and is less than one hundred fifty	2195
thousand dollars, medicaid fraud is a felony of the fourth	2196
degree. If the value of the property, services, or funds	2197
obtained in violation of this section is one hundred fifty	2198
thousand dollars or more, medicaid fraud is a felony of the third	2199
degree.	2200

(F) Upon application of the governmental agency, office, or	2201
other entity that conducted the investigation and prosecution in a	2202
case under this section, the court shall order any person who is	2203
convicted of a violation of this section for receiving any	2204
reimbursement for furnishing goods or services under the medical	2205
assistance program to which the person is not entitled to pay to	2206
the applicant its cost of investigating and prosecuting the case.	2207
The costs of investigation and prosecution that a defendant is	2208
ordered to pay pursuant to this division shall be in addition to	2209
any other penalties for the receipt of that reimbursement that are	2210
provided in this section, section 5111.03 of the Revised Code, or	2211
any other provision of law.	2212

(G) The provisions of this section are not intended to be	2213
exclusive remedies and do not preclude the use of any other	2214
criminal or civil remedy for any act that is in violation of this	2215
section.	2216

Sec. 2913.401. (A) As used in this section:

2217

(1) "Medicaid benefits" means benefits under the medical	2218
assistance program established under Chapter 5111. of the Revised	2219
Code.	2220

(2) "Property" means any real or personal property or other	2221
asset in which a person has any legal title or interest.	2222

(B) No person shall knowingly do any of the following in an	2223
application for medicaid benefits or in a document that requires a	2224
disclosure of assets for the purpose of determining eligibility to	2225
receive medicaid benefits:	2226

(1) Make or cause to be made a false or misleading statement;

2227

(2) Conceal an interest in property;

2228

(3)(a) Except as provided in division (B)(3)(b) of this	2229
section, fail to disclose a transfer of property that occurred	2230
during the period beginning thirty-six months before submission of	2231
the application or document and ending on the date the application	2232
or document was submitted;	2233

(b) Fail to disclose a transfer of property that occurred	2234
during the period beginning sixty months before submission of the	2235
application or document and ending on the date the application or	2236
document was submitted and that was made to an irrevocable trust a	2237
portion of which is not distributable to the applicant for	2238
medicaid benefits or the recipient of medicaid benefits or to a	2239
revocable trust.	2240

(C)(1) Whoever violates this section is guilty of medicaid	2241
eligibility fraud. Except as otherwise provided in this division,	2242
a violation of this section is a misdemeanor of the first degree.	2243
If the value of the medicaid benefits paid as a result of the	2244
violation is ~~five hundred~~one thousand dollars or more and is less	2245
than ~~five~~seven thousand five hundred dollars, a violation of	2246
this section is a felony of the fifth degree. If the value of the	2247
medicaid benefits paid as a result of the violation is ~~five~~seven	2248
thousand five hundred dollars or more and is less than one hundred	2249
fifty thousand dollars, a violation of this section is a felony of	2250
the fourth degree. If the value of the medicaid benefits paid as a	2251
result of the violation is one hundred fifty thousand dollars or	2252
more, a violation of this section is a felony of the third degree.	2253

(2) In addition to imposing a sentence under division (C)(1)	2254
of this section, the court shall order that a person who is guilty	2255
of medicaid eligibility fraud make restitution in the full amount	2256
of any medicaid benefits paid on behalf of an applicant for or	2257
recipient of medicaid benefits for which the applicant or	2258
recipient was not eligible, plus interest at the rate applicable	2259
to judgments on unreimbursed amounts from the date on which the	2260
benefits were paid to the date on which restitution is made.	2261

(3) The remedies and penalties provided in this section are	2262
not exclusive and do not preclude the use of any other criminal or	2263
civil remedy for any act that is in violation of this section.	2264

(D) This section does not apply to a person who fully	2265
disclosed in an application for medicaid benefits or in a document	2266
that requires a disclosure of assets for the purpose of	2267
determining eligibility to receive medicaid benefits all of the	2268
interests in property of the applicant for or recipient of	2269
medicaid benefits, all transfers of property by the applicant for	2270
or recipient of medicaid benefits, and the circumstances of all	2271
those transfers.	2272

(E) Any amounts of medicaid benefits recovered as restitution	2273
under this section and any interest on those amounts shall be	2274
credited to the general revenue fund, and any applicable federal	2275
share shall be returned to the appropriate agency or department of	2276
the United States.	2277

Sec. 2913.42. (A) No person, knowing the person has no	2278
privilege to do so, and with purpose to defraud or knowing that	2279
the person is facilitating a fraud, shall do any of the following:	2280

(1) Falsify, destroy, remove, conceal, alter, deface, or	2281
mutilate any writing, computer software, data, or record;	2282

(2) Utter any writing or record, knowing it to have been	2283
tampered with as provided in division (A)(1) of this section.	2284

(B)(1) Whoever violates this section is guilty of tampering	2285
with records.	2286

(2) Except as provided in division (B)(4) of this section, if	2287
the offense does not involve data or computer software, tampering	2288
with records is whichever of the following is applicable:	2289

(a) If division (B)(2)(b) of this section does not apply, a	2290
misdemeanor of the first degree;	2291

(b) If the writing or record is a will unrevoked at the time	2292
of the offense, a felony of the fifth degree.	2293

(3) Except as provided in division (B)(4) of this section, if	2294
the offense involves a violation of division (A) of this section	2295
involving data or computer software, tampering with records is	2296
whichever of the following is applicable:	2297

(a) Except as otherwise provided in division (B)(3)(b), (c),	2298
or (d) of this section, a misdemeanor of the first degree;	2299

(b) If the value of the data or computer software involved in	2300
the offense or the loss to the victim is ~~five hundred~~one thousand	2301
dollars or more and is less than ~~five~~seven thousand five hundred	2302
dollars, a felony of the fifth degree;	2303

(c) If the value of the data or computer software involved in	2304
the offense or the loss to the victim is ~~five~~seven thousand five	2305
hundred dollars or more and is less than one hundred fifty	2306
thousand dollars, a felony of the fourth degree;	2307

(d) If the value of the data or computer software involved in	2308
the offense or the loss to the victim is one hundred fifty	2309
thousand dollars or more or if the offense is committed for the	2310
purpose of devising or executing a scheme to defraud or to obtain	2311
property or services and the value of the property or services or	2312
the loss to the victim is ~~five~~seven thousand five hundred dollars	2313
or more, a felony of the third degree.	2314

(4) If the writing, data, computer software, or record is	2315
kept by or belongs to a local, state, or federal governmental	2316
entity, a felony of the third degree.	2317

Sec. 2913.421. (A) As used in this section:

2318

(1) "Computer," "computer network," and "computer system"	2319
have the same meanings as in section 2913.01 of the Revised Code.	2320

(2) "Commercial electronic mail message" means any electronic	2321
mail message the primary purpose of which is the commercial	2322
advertisement or promotion of a commercial product or service,	2323
including content on an internet web site operated for a	2324
commercial purpose, but does not include a transactional or	2325
relationship message. The inclusion of a reference to a commercial	2326
entity or a link to the web site of a commercial entity does not,	2327
by itself, cause that message to be treated as a commercial	2328
electronic mail message for the purpose of this section, if the	2329
contents or circumstances of the message indicate a primary	2330
purpose other than commercial advertisement or promotion of a	2331
commercial product or service.	2332

(3) "Domain name" means any alphanumeric designation that is	2333
registered with or assigned by any domain name registrar, domain	2334
name registry, or other domain name registration authority as part	2335
of an electronic address on the internet.	2336

(4) "Electronic mail," "originating address," and "receiving	2337
address" have the same meanings as in section 2307.64 of the	2338
Revised Code.	2339

(5) "Electronic mail message" means each electronic mail	2340
addressed to a discrete addressee.	2341

(6) "Electronic mail service provider" means any person,	2342
including an internet service provider, that is an intermediary in	2343
sending and receiving electronic mail and that provides to the	2344
public electronic mail accounts or online user accounts from which	2345
electronic mail may be sent.	2346

(7) "Header information" means the source, destination, and	2347
routing information attached to an electronic mail message,	2348
including the originating domain name, the originating address,	2349
and technical information that authenticates the sender of an	2350
electronic mail message for computer network security or computer	2351
network management purposes.	2352

(8) "Initiate the transmission" or "initiated" means to	2353
originate or transmit a commercial electronic mail message or to	2354
procure the origination or transmission of that message,	2355
regardless of whether the message reaches its intended recipients,	2356
but does not include actions that constitute routine conveyance of	2357
such message.	2358

(9) "Internet" has the same meaning as in section 341.42 of	2359
the Revised Code.	2360

(10) "Internet protocol address" means the string of numbers	2361
by which locations on the internet are identified by routers or	2362
other computers connected to the internet.	2363

(11) "Materially falsify" means to alter or conceal in a	2364
manner that would impair the ability of a recipient of an	2365
electronic mail message, an electronic mail service provider	2366
processing an electronic mail message on behalf of a recipient, a	2367
person alleging a violation of this section, or a law enforcement	2368
agency to identify, locate, or respond to the person that	2369
initiated the electronic mail message or to investigate an alleged	2370
violation of this section.	2371

(12) "Multiple" means more than ten commercial electronic	2372
mail messages during a twenty-four-hour period, more than one	2373
hundred commercial electronic mail messages during a thirty-day	2374
period, or more than one thousand commercial electronic mail	2375
messages during a one-year period.	2376

(13) "Recipient" means a person who receives a commercial	2377
electronic mail message at any one of the following receiving	2378
addresses:	2379

(a) A receiving address furnished by an electronic mail	2380
service provider that bills for furnishing and maintaining that	2381
receiving address to a mailing address within this state;	2382

(b) A receiving address ordinarily accessed from a computer	2383
located within this state or by a person domiciled within this	2384
state;	2385

(c) Any other receiving address with respect to which this	2386
section can be imposed consistent with the United States	2387
Constitution.	2388

(14) "Routine conveyance" means the transmission, routing,	2389
relaying, handling, or storing, through an automated technical	2390
process, of an electronic mail message for which another person	2391
has identified the recipients or provided the recipient addresses.	2392

(15) "Transactional or relationship message" means an	2393
electronic mail message the primary purpose of which is to do any	2394
of the following:	2395

(a) Facilitate, complete, or confirm a commercial transaction	2396
that the recipient has previously agreed to enter into with the	2397
sender;	2398

(b) Provide warranty information, product recall information,	2399
or safety or security information with respect to a commercial	2400
product or service used or purchased by the recipient;	2401

(c) Provide notification concerning a change in the terms or	2402
features of; a change in the recipient's standing or status with	2403
respect to; or, at regular periodic intervals, account balance	2404
information or other type of account statement with respect to, a	2405
subscription, membership, account, loan, or comparable ongoing	2406
commercial relationship involving the ongoing purchase or use by	2407
the recipient of products or services offered by the sender;	2408

(d) Provide information directly related to an employment	2409
relationship or related benefit plan in which the recipient is	2410
currently involved, participating, or enrolled;	2411

(e) Deliver goods or services, including product updates or	2412
upgrades, that the recipient is entitled to receive under the	2413
terms of a transaction that the recipient has previously agreed to	2414
enter into with the sender.	2415

(B) No person, with regard to commercial electronic mail	2416
messages sent from or to a computer in this state, shall do any of	2417
the following:	2418

(1) Knowingly use a computer to relay or retransmit multiple	2419
commercial electronic mail messages, with the intent to deceive or	2420
mislead recipients or any electronic mail service provider, as to	2421
the origin of those messages;	2422

(2) Knowingly and materially falsify header information in	2423
multiple commercial electronic mail messages and purposely	2424
initiate the transmission of those messages;	2425

(3) Knowingly register, using information that materially	2426
falsifies the identity of the actual registrant, for five or more	2427
electronic mail accounts or online user accounts or two or more	2428
domain names and purposely initiate the transmission of multiple	2429
commercial electronic mail messages from one, or any combination,	2430
of those accounts or domain names;	2431

(4) Knowingly falsely represent the right to use five or more	2432
internet protocol addresses, and purposely initiate the	2433
transmission of multiple commercial electronic mail messages from	2434
those addresses.	2435

(C)(1) Whoever violates division (B) of this section is	2436
guilty of illegally transmitting multiple commercial electronic	2437
mail messages. Except as otherwise provided in division (C)(2) or	2438
(E) of this section, illegally transmitting multiple commercial	2439
electronic mail messages is a felony of the fifth degree.	2440

(2) Illegally transmitting multiple commercial electronic	2441
mail messages is a felony of the fourth degree if any of the	2442
following apply:	2443

(a) Regarding a violation of division (B)(3) of this section,	2444
the offender, using information that materially falsifies the	2445
identity of the actual registrant, knowingly registers for twenty	2446
or more electronic mail accounts or online user accounts or ten or	2447
more domain names, and purposely initiates, or conspires to	2448
initiate, the transmission of multiple commercial electronic mail	2449
messages from the accounts or domain names.	2450

(b) Regarding any violation of division (B) of this section,	2451
the volume of commercial electronic mail messages the offender	2452
transmitted in committing the violation exceeds two hundred and	2453
fifty during any twenty-four-hour period, two thousand five	2454
hundred during any thirty-day period, or twenty-five thousand	2455
during any one-year period.	2456

(c) Regarding any violation of division (B) of this section,	2457
during any one-year period the aggregate loss to the victim or	2458
victims of the violation is ~~five hundred~~one thousand dollars or	2459
more, or during any one-year period the aggregate value of the	2460
property or services obtained by any offender as a result of the	2461
violation is ~~five hundred~~one thousand dollars or more.	2462

(d) Regarding any violation of division (B) of this section,	2463
the offender committed the violation with three or more other	2464
persons with respect to whom the offender was the organizer or	2465
leader of the activity that resulted in the violation.	2466

(e) Regarding any violation of division (B) of this section,	2467
the offender knowingly assisted in the violation through the	2468
provision or selection of electronic mail addresses to which the	2469
commercial electronic mail message was transmitted, if that	2470
offender knew that the electronic mail addresses of the recipients	2471
were obtained using an automated means from an internet web site	2472
or proprietary online service operated by another person, and that	2473
web site or online service included, at the time the electronic	2474
mail addresses were obtained, a notice stating that the operator	2475
of that web site or online service will not transfer addresses	2476
maintained by that web site or online service to any other party	2477
for the purposes of initiating the transmission of, or enabling	2478
others to initiate the transmission of, electronic mail messages.	2479

(f) Regarding any violation of division (B) of this section,	2480
the offender knowingly assisted in the violation through the	2481
provision or selection of electronic mail addresses of the	2482
recipients obtained using an automated means that generates	2483
possible electronic mail addresses by combining names, letters, or	2484
numbers into numerous permutations.	2485

(D)(1) No person, with regard to commercial electronic mail	2486
messages sent from or to a computer in this state, shall knowingly	2487
access a computer without authorization and purposely initiate the	2488
transmission of multiple commercial electronic mail messages from	2489
or through the computer.	2490

(2) Except as otherwise provided in division (E) of this	2491
section, whoever violates division (D)(1) of this section is	2492
guilty of unauthorized access of a computer, a felony of the	2493
fourth degree.	2494

(E) Illegally transmitting multiple commercial electronic	2495
mail messages and unauthorized access of a computer in violation	2496
of this section are felonies of the third degree if the offender	2497
previously has been convicted of a violation of this section, or a	2498
violation of a law of another state or the United States regarding	2499
the transmission of electronic mail messages or unauthorized	2500
access to a computer, or if the offender committed the violation	2501
of this section in the furtherance of a felony.	2502

(F)(1) The attorney general or an electronic mail service	2503
provider that is injured by a violation of this section may bring	2504
a civil action in an appropriate court of common pleas of this	2505
state seeking relief from any person whose conduct violated this	2506
section. The civil action may be commenced at any time within one	2507
year of the date after the act that is the basis of the civil	2508
action.	2509

(2) In a civil action brought by the attorney general	2510
pursuant to division (F)(1) of this section for a violation of	2511
this section, the court may award temporary, preliminary, or	2512
permanent injunctive relief. The court also may impose a civil	2513
penalty against the offender, as the court considers just, in an	2514
amount that is the lesser of: (a) twenty-five thousand dollars for	2515
each day a violation occurs, or (b) not less than two dollars but	2516
not more than eight dollars for each commercial electronic mail	2517
message initiated in violation of this section.	2518

(3) In a civil action brought by an electronic mail service	2519
provider pursuant to division (F)(1) of this section for a	2520
violation of this section, the court may award temporary,	2521
preliminary, or permanent injunctive relief, and also may award	2522
damages in an amount equal to the greater of the following:	2523

(a) The sum of the actual damages incurred by the electronic	2524
mail service provider as a result of a violation of this section,	2525
plus any receipts of the offender that are attributable to a	2526
violation of this section and that were not taken into account in	2527
computing actual damages;	2528

(b) Statutory damages, as the court considers just, in an	2529
amount that is the lesser of: (i) twenty-five thousand dollars for	2530
each day a violation occurs, or (ii) not less than two dollars but	2531
not more than eight dollars for each commercial electronic mail	2532
message initiated in violation of this section.	2533

(4) In assessing damages awarded under division (F)(3) of	2534
this section, the court may consider whether the offender has	2535
established and implemented, with due care, commercially	2536
reasonable practices and procedures designed to effectively	2537
prevent the violation, or the violation occurred despite	2538
commercially reasonable efforts to maintain the practices and	2539
procedures established.	2540

(G) Any equipment, software, or other technology of a person	2541
who violates this section that is used or intended to be used in	2542
the commission of a violation of this section, and any real or	2543
personal property that constitutes or is traceable to the gross	2544
proceeds obtained from the commission of a violation of this	2545
section, is contraband and is subject to seizure and forfeiture	2546
pursuant to Chapter 2981. of the Revised Code.	2547

(H) The attorney general may bring a civil action, pursuant	2548
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	2549
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	2550
state in a district court of the United States that has	2551
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	2552
attorney general shall not bring a civil action under both this	2553
division and division (F) of this section. If a federal court	2554
dismisses a civil action brought under this division for reasons	2555
other than upon the merits, a civil action may be brought under	2556
division (F) of this section in the appropriate court of common	2557
pleas of this state.	2558

(I) Nothing in this section shall be construed:

2559

(1) To require an electronic mail service provider to block,	2560
transmit, route, relay, handle, or store certain types of	2561
electronic mail messages;	2562

(2) To prevent or limit, in any way, an electronic mail	2563
service provider from adopting a policy regarding electronic mail,	2564
including a policy of declining to transmit certain types of	2565
electronic mail messages, or from enforcing such policy through	2566
technical means, through contract, or pursuant to any remedy	2567
available under any other federal, state, or local criminal or	2568
civil law;	2569

(3) To render lawful any policy adopted under division (I)(2)	2570
of this section that is unlawful under any other law.	2571

Sec. 2913.43. (A) No person, by deception, shall cause	2572
another to execute any writing that disposes of or encumbers	2573
property, or by which a pecuniary obligation is incurred.	2574

(B)(1) Whoever violates this section is guilty of securing	2575
writings by deception.	2576

(2) Except as otherwise provided in this division or division	2577
(B)(3) of this section, securing writings by deception is a	2578
misdemeanor of the first degree. If the value of the property or	2579
the obligation involved is ~~five hundred~~one thousand dollars or	2580
more and less than ~~five~~seven thousand five hundred dollars,	2581
securing writings by deception is a felony of the fifth degree. If	2582
the value of the property or the obligation involved is ~~five~~	2583
seven thousand five hundred dollars or more and is less than one	2584
hundred fifty thousand dollars, securing writings by deception is	2585
a felony of the fourth degree. If the value of the property or the	2586
obligation involved is one hundred fifty thousand dollars or	2587
more, securing writings by deception is a felony of the third	2588
degree.	2589

(3) If the victim of the offense is an elderly person or	2590
disabled adult, division (B)(3) of this section applies. Except as	2591
otherwise provided in division (B)(3) of this section, securing	2592
writings by deception is a felony of the fifth degree. If the	2593
value of the property or obligation involved is ~~five hundred~~one	2594
thousand dollars or more and is less than ~~five~~seven thousand	2595
five hundred dollars, securing writings by deception is a felony	2596
of the fourth degree. If the value of the property or obligation	2597
involved is ~~five~~seven thousand five hundred dollars or more and	2598
is less than ~~twenty-five~~thirty-seven thousand five hundred	2599
dollars, securing writings by deception is a felony of the third	2600
degree. If the value of the property or obligation involved is	2601
~~twenty-five~~thirty-seven thousand five hundred dollars or more,	2602
securing writings by deception is a felony of the second degree.	2603

Sec. 2913.45. (A) No person, with purpose to defraud one or	2604
more of the person's creditors, shall do any of the following:	2605

(1) Remove, conceal, destroy, encumber, convey, or otherwise	2606
deal with any of the person's property;	2607

(2) Misrepresent or refuse to disclose to a fiduciary	2608
appointed to administer or manage the person's affairs or estate,	2609
the existence, amount, or location of any of the person's	2610
property, or any other information regarding such property that	2611
the person is legally required to furnish to the fiduciary.	2612

(B) Whoever violates this section is guilty of defrauding	2613
creditors. Except as otherwise provided in this division,	2614
defrauding creditors is a misdemeanor of the first degree. If the	2615
value of the property involved is ~~five hundred~~one thousand	2616
dollars or more and is less than ~~five~~seven thousand five hundred	2617
dollars, defrauding creditors is a felony of the fifth degree. If	2618
the value of the property involved is ~~five~~seven thousand five	2619
hundred dollars or more and is less than one hundred fifty	2620
thousand dollars, defrauding creditors is a felony of the fourth	2621
degree. If the value of the property involved is one hundred	2622
fifty thousand dollars or more, defrauding creditors is a felony	2623
of the third degree.	2624

Sec. 2913.46. (A)(1) As used in this section:

2625

(a) "Electronically transferred benefit" means the transfer	2626
of supplemental nutrition assistance program benefits or WIC	2627
program benefits through the use of an access device.	2628

(b) "WIC program benefits" includes money, coupons, delivery	2629
verification receipts, other documents, food, or other property	2630
received directly or indirectly pursuant to section 17 of the	2631
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	2632
amended.	2633

(c) "Access device" means any card, plate, code, account	2634
number, or other means of access that can be used, alone or in	2635
conjunction with another access device, to obtain payments,	2636
allotments, benefits, money, goods, or other things of value or	2637
that can be used to initiate a transfer of funds pursuant to	2638
section 5101.33 of the Revised Code and the Food and Nutrition Act	2639
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	2640
administered by any department of this state or any county or	2641
local agency pursuant to section 17 of the "Child Nutrition Act of	2642
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	2643
device" may include any electronic debit card or other means	2644
authorized by section 5101.33 of the Revised Code.	2645

(d) "Aggregate value of supplemental nutrition assistance	2646
program benefits, WIC program benefits, and electronically	2647
transferred benefits involved in the violation" means the total	2648
face value of any supplemental nutrition assistance program	2649
benefits, plus the total face value of WIC program coupons or	2650
delivery verification receipts, plus the total value of other WIC	2651
program benefits, plus the total value of any electronically	2652
transferred benefit or other access device, involved in the	2653
violation.	2654

(e) "Total value of any electronically transferred benefit or	2655
other access device" means the total value of the payments,	2656
allotments, benefits, money, goods, or other things of value that	2657
may be obtained, or the total value of funds that may be	2658
transferred, by use of any electronically transferred benefit or	2659
other access device at the time of violation.	2660

(2) If supplemental nutrition assistance program benefits,	2661
WIC program benefits, or electronically transferred benefits or	2662
other access devices of various values are used, transferred,	2663
bought, acquired, altered, purchased, possessed, presented for	2664
redemption, or transported in violation of this section over a	2665
period of twelve months, the course of conduct may be charged as	2666
one offense and the values of supplemental nutrition assistance	2667
program benefits, WIC program benefits, or any electronically	2668
transferred benefits or other access devices may be aggregated in	2669
determining the degree of the offense.	2670

(B) No individual shall knowingly possess, buy, sell, use,	2671
alter, accept, or transfer supplemental nutrition assistance	2672
program benefits, WIC program benefits, or any electronically	2673
transferred benefit in any manner not authorized by the Food and	2674
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	2675
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	2676
amended.	2677

(C) No organization, as defined in division (D) of section	2678
2901.23 of the Revised Code, shall do either of the following:	2679

(1) Knowingly allow an employee or agent to sell, transfer,	2680
or trade items or services, the purchase of which is prohibited by	2681
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	2682
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	2683
U.S.C. 1786, as amended, in exchange for supplemental nutrition	2684
assistance program benefits, WIC program benefits, or any	2685
electronically transferred benefit;	2686

(2) Negligently allow an employee or agent to sell, transfer,	2687
or exchange supplemental nutrition assistance program benefits,	2688
WIC program benefits, or any electronically transferred benefit	2689
for anything of value.	2690

(D) Whoever violates this section is guilty of illegal use of	2691
supplemental nutrition assistance program benefits or WIC program	2692
benefits. Except as otherwise provided in this division, illegal	2693
use of supplemental nutrition assistance program benefits or WIC	2694
program benefits is a felony of the fifth degree. If the aggregate	2695
value of the supplemental nutrition assistance program benefits,	2696
WIC program benefits, and electronically transferred benefits	2697
involved in the violation is ~~five hundred~~one thousand dollars or	2698
more and is less than ~~five~~seven thousand five hundred dollars,	2699
illegal use of supplemental nutrition assistance program benefits	2700
or WIC program benefits is a felony of the fourth degree. If the	2701
aggregate value of the supplemental nutrition assistance program	2702
benefits, WIC program benefits, and electronically transferred	2703
benefits involved in the violation is ~~five~~seven thousand five	2704
hundred dollars or more and is less than one hundred fifty	2705
thousand dollars, illegal use of supplemental nutrition assistance	2706
program benefits or WIC program benefits is a felony of the third	2707
degree. If the aggregate value of the supplemental nutrition	2708
assistance program benefits, WIC program benefits, and	2709
electronically transferred benefits involved in the violation is	2710
one hundred fifty thousand dollars or more, illegal use of	2711
supplemental nutrition assistance program benefits or WIC program	2712
benefits is a felony of the second degree.	2713

Sec. 2913.47. (A) As used in this section:

2714

(1) "Data" has the same meaning as in section 2913.01 of the	2715
Revised Code and additionally includes any other representation of	2716
information, knowledge, facts, concepts, or instructions that are	2717
being or have been prepared in a formalized manner.	2718

(2) "Deceptive" means that a statement, in whole or in part,	2719
would cause another to be deceived because it contains a	2720
misleading representation, withholds information, prevents the	2721
acquisition of information, or by any other conduct, act, or	2722
omission creates, confirms, or perpetuates a false impression,	2723
including, but not limited to, a false impression as to law,	2724
value, state of mind, or other objective or subjective fact.	2725

(3) "Insurer" means any person that is authorized to engage	2726
in the business of insurance in this state under Title XXXIX of	2727
the Revised Code, the Ohio fair plan underwriting association	2728
created under section 3929.43 of the Revised Code, any health	2729
insuring corporation, and any legal entity that is self-insured	2730
and provides benefits to its employees or members.	2731

(4) "Policy" means a policy, certificate, contract, or plan	2732
that is issued by an insurer.	2733

(5) "Statement" includes, but is not limited to, any notice,	2734
letter, or memorandum; proof of loss; bill of lading; receipt for	2735
payment; invoice, account, or other financial statement; estimate	2736
of property damage; bill for services; diagnosis or prognosis;	2737
prescription; hospital, medical, or dental chart or other record;	2738
x-ray, photograph, videotape, or movie film; test result; other	2739
evidence of loss, injury, or expense; computer-generated document;	2740
and data in any form.	2741

(B) No person, with purpose to defraud or knowing that the	2742
person is facilitating a fraud, shall do either of the following:	2743

(1) Present to, or cause to be presented to, an insurer any	2744
written or oral statement that is part of, or in support of, an	2745
application for insurance, a claim for payment pursuant to a	2746
policy, or a claim for any other benefit pursuant to a policy,	2747
knowing that the statement, or any part of the statement, is false	2748
or deceptive;	2749

(2) Assist, aid, abet, solicit, procure, or conspire with	2750
another to prepare or make any written or oral statement that is	2751
intended to be presented to an insurer as part of, or in support	2752
of, an application for insurance, a claim for payment pursuant to	2753
a policy, or a claim for any other benefit pursuant to a policy,	2754
knowing that the statement, or any part of the statement, is false	2755
or deceptive.	2756

(C) Whoever violates this section is guilty of insurance	2757
fraud. Except as otherwise provided in this division, insurance	2758
fraud is a misdemeanor of the first degree. If the amount of the	2759
claim that is false or deceptive is ~~five hundred~~one thousand	2760
dollars or more and is less than ~~five~~seven thousand five hundred	2761
dollars, insurance fraud is a felony of the fifth degree. If the	2762
amount of the claim that is false or deceptive is ~~five~~seven	2763
thousand five hundred dollars or more and is less than one hundred	2764
fifty thousand dollars, insurance fraud is a felony of the	2765
fourth degree. If the amount of the claim that is false or	2766
deceptive is one hundred fifty thousand dollars or more,	2767
insurance fraud is a felony of the third degree.	2768

(D) This section shall not be construed to abrogate, waive,	2769
or modify division (A) of section 2317.02 of the Revised Code.	2770

Sec. 2913.48. (A) No person, with purpose to defraud or	2771
knowing that the person is facilitating a fraud, shall do any of	2772
the following:	2773

(1) Receive workers' compensation benefits to which the	2774
person is not entitled;	2775

(2) Make or present or cause to be made or presented a false	2776
or misleading statement with the purpose to secure payment for	2777
goods or services rendered under Chapter 4121., 4123., 4127., or	2778
4131. of the Revised Code or to secure workers' compensation	2779
benefits;	2780

(3) Alter, falsify, destroy, conceal, or remove any record or	2781
document that is necessary to fully establish the validity of any	2782
claim filed with, or necessary to establish the nature and	2783
validity of all goods and services for which reimbursement or	2784
payment was received or is requested from, the bureau of workers'	2785
compensation, or a self-insuring employer under Chapter 4121.,	2786
4123., 4127., or 4131. of the Revised Code;	2787

(4) Enter into an agreement or conspiracy to defraud the	2788
bureau or a self-insuring employer by making or presenting or	2789
causing to be made or presented a false claim for workers'	2790
compensation benefits;	2791

(5) Make or present or cause to be made or presented a false	2792
statement concerning manual codes, classification of employees,	2793
payroll, paid compensation, or number of personnel, when	2794
information of that nature is necessary to determine the actual	2795
workers' compensation premium or assessment owed to the bureau by	2796
an employer;	2797

(6) Alter, forge, or create a workers' compensation	2798
certificate to falsely show current or correct workers'	2799
compensation coverage;	2800

(7) Fail to secure or maintain workers' compensation coverage	2801
as required by Chapter 4123. of the Revised Code with the intent	2802
to defraud the bureau of workers' compensation.	2803

(B) Whoever violates this section is guilty of workers'	2804
compensation fraud. Except as otherwise provided in this division,	2805
a violation of this section is a misdemeanor of the first degree.	2806
If the value of premiums and assessments unpaid pursuant to	2807
actions described in division (A)(5), (6), or (7) of this section,	2808
or of goods, services, property, or money stolen is ~~five hundred~~	2809
one thousand dollars or more and is less than ~~five~~seven thousand	2810
five hundred dollars, a violation of this section is a felony of	2811
the fifth degree. If the value of premiums and assessments unpaid	2812
pursuant to actions described in division (A)(5), (6), or (7) of	2813
this section, or of goods, services, property, or money stolen is	2814
~~five~~seven thousand five hundred dollars or more and is less than	2815
one hundred fifty thousand dollars, a violation of this section	2816
is a felony of the fourth degree. If the value of premiums and	2817
assessments unpaid pursuant to actions described in division	2818
(A)(5), (6), or (7) of this section, or of goods, services,	2819
property, or money stolen is one hundred fifty thousand dollars or	2820
more, a violation of this section is a felony of the third degree.	2821

(C) Upon application of the governmental body that conducted	2822
the investigation and prosecution of a violation of this section,	2823
the court shall order the person who is convicted of the violation	2824
to pay the governmental body its costs of investigating and	2825
prosecuting the case. These costs are in addition to any other	2826
costs or penalty provided in the Revised Code or any other section	2827
of law.	2828

(D) The remedies and penalties provided in this section are	2829
not exclusive remedies and penalties and do not preclude the use	2830
of any other criminal or civil remedy or penalty for any act that	2831
is in violation of this section.	2832

(E) As used in this section:

2833

(1) "False" means wholly or partially untrue or deceptive.

2834

(2) "Goods" includes, but is not limited to, medical	2835
supplies, appliances, rehabilitative equipment, and any other	2836
apparatus or furnishing provided or used in the care, treatment,	2837
or rehabilitation of a claimant for workers' compensation	2838
benefits.	2839

(3) "Services" includes, but is not limited to, any service	2840
provided by any health care provider to a claimant for workers'	2841
compensation benefits and any and all services provided by the	2842
bureau as part of workers' compensation insurance coverage.	2843

(4) "Claim" means any attempt to cause the bureau, an	2844
independent third party with whom the administrator or an employer	2845
contracts under section 4121.44 of the Revised Code, or a	2846
self-insuring employer to make payment or reimbursement for	2847
workers' compensation benefits.	2848

(5) "Employment" means participating in any trade,	2849
occupation, business, service, or profession for substantial	2850
gainful remuneration.	2851

(6) "Employer," "employee," and "self-insuring employer" have	2852
the same meanings as in section 4123.01 of the Revised Code.	2853

(7) "Remuneration" includes, but is not limited to, wages,	2854
commissions, rebates, and any other reward or consideration.	2855

(8) "Statement" includes, but is not limited to, any oral,	2856
written, electronic, electronic impulse, or magnetic communication	2857
notice, letter, memorandum, receipt for payment, invoice, account,	2858
financial statement, or bill for services; a diagnosis, prognosis,	2859
prescription, hospital, medical, or dental chart or other record;	2860
and a computer generated document.	2861

(9) "Records" means any medical, professional, financial, or	2862
business record relating to the treatment or care of any person,	2863
to goods or services provided to any person, or to rates paid for	2864
goods or services provided to any person, or any record that the	2865
administrator of workers' compensation requires pursuant to rule.	2866

(10) "Workers' compensation benefits" means any compensation	2867
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	2868
the Revised Code.	2869

Sec. 2913.49. (A) As used in this section, "personal	2870
identifying information" includes, but is not limited to, the	2871
following: the name, address, telephone number, driver's license,	2872
driver's license number, commercial driver's license, commercial	2873
driver's license number, state identification card, state	2874
identification card number, social security card, social security	2875
number, birth certificate, place of employment, employee	2876
identification number, mother's maiden name, demand deposit	2877
account number, savings account number, money market account	2878
number, mutual fund account number, other financial account	2879
number, personal identification number, password, or credit card	2880
number of a living or dead individual.	2881

(B) No person, without the express or implied consent of the	2882
other person, shall use, obtain, or possess any personal	2883
identifying information of another person with intent to do either	2884
of the following:	2885

(1) Hold the person out to be the other person;

2886

(2) Represent the other person's personal identifying	2887
information as the person's own personal identifying information.	2888

(C) No person shall create, obtain, possess, or use the	2889
personal identifying information of any person with the intent to	2890
aid or abet another person in violating division (B) of this	2891
section.	2892

(D) No person, with intent to defraud, shall permit another	2893
person to use the person's own personal identifying information.	2894

(E) No person who is permitted to use another person's	2895
personal identifying information as described in division (D) of	2896
this section shall use, obtain, or possess the other person's	2897
personal identifying information with intent to defraud any person	2898
by doing any act identified in division (B)(1) or (2) of this	2899
section.	2900

(F)(1) It is an affirmative defense to a charge under	2901
division (B) of this section that the person using the personal	2902
identifying information is acting in accordance with a legally	2903
recognized guardianship or conservatorship or as a trustee or	2904
fiduciary.	2905

(2) It is an affirmative defense to a charge under division	2906
(B), (C), (D), or (E) of this section that either of the following	2907
applies:	2908

(a) The person or entity using, obtaining, possessing, or	2909
creating the personal identifying information or permitting it to	2910
be used is a law enforcement agency, authorized fraud personnel,	2911
or a representative of or attorney for a law enforcement agency or	2912
authorized fraud personnel and is using, obtaining, possessing, or	2913
creating the personal identifying information or permitting it to	2914
be used, with prior consent given as specified in this division,	2915
in a bona fide investigation, an information security evaluation,	2916
a pretext calling evaluation, or a similar matter. The prior	2917
consent required under this division shall be given by the person	2918
whose personal identifying information is being used, obtained,	2919
possessed, or created or is being permitted to be used or, if the	2920
person whose personal identifying information is being used,	2921
obtained, possessed, or created or is being permitted to be used	2922
is deceased, by that deceased person's executor, or a member of	2923
that deceased person's family, or that deceased person's attorney.	2924
The prior consent required under this division may be given orally	2925
or in writing by the person whose personal identifying information	2926
is being used, obtained, possessed, or created or is being	2927
permitted to be used or that person's executor, or family member,	2928
or attorney.	2929

(b) The personal identifying information was obtained,	2930
possessed, used, created, or permitted to be used for a lawful	2931
purpose, provided that division (F)(2)(b) of this section does not	2932
apply if the person or entity using, obtaining, possessing, or	2933
creating the personal identifying information or permitting it to	2934
be used is a law enforcement agency, authorized fraud personnel,	2935
or a representative of or attorney for a law enforcement agency or	2936
authorized fraud personnel that is using, obtaining, possessing,	2937
or creating the ~~personnel~~personal identifying information or	2938
permitting it to be used in an investigation, an information	2939
security evaluation, a pretext calling evaluation, or similar	2940
matter.	2941

(G) It is not a defense to a charge under this section that	2942
the person whose personal identifying information was obtained,	2943
possessed, used, created, or permitted to be used was deceased at	2944
the time of the offense.	2945

(H)(1) If an offender commits a violation of division (B),	2946
(D), or (E) of this section and the violation occurs as part of a	2947
course of conduct involving other violations of division (B), (D),	2948
or (E) of this section or violations of, attempts to violate,	2949
conspiracies to violate, or complicity in violations of division	2950
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	2951
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	2952
court, in determining the degree of the offense pursuant to	2953
division (I) of this section, may aggregate all credit, property,	2954
or services obtained or sought to be obtained by the offender and	2955
all debts or other legal obligations avoided or sought to be	2956
avoided by the offender in the violations involved in that course	2957
of conduct. The course of conduct may involve one victim or more	2958
than one victim.	2959

(2) If an offender commits a violation of division (C) of	2960
this section and the violation occurs as part of a course of	2961
conduct involving other violations of division (C) of this section	2962
or violations of, attempts to violate, conspiracies to violate, or	2963
complicity in violations of division (B), (D), or (E) of this	2964
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	2965
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	2966
determining the degree of the offense pursuant to division (I) of	2967
this section, may aggregate all credit, property, or services	2968
obtained or sought to be obtained by the person aided or abetted	2969
and all debts or other legal obligations avoided or sought to be	2970
avoided by the person aided or abetted in the violations involved	2971
in that course of conduct. The course of conduct may involve one	2972
victim or more than one victim.	2973

(I)(1) Whoever violates this section is guilty of identity	2974
fraud.	2975

(2) Except as otherwise provided in this division or division	2976
(I)(3) of this section, identity fraud is a felony of the fifth	2977
degree. If the value of the credit, property, services, debt, or	2978
other legal obligation involved in the violation or course of	2979
conduct is ~~five hundred~~one thousand dollars or more and is less	2980
than ~~five~~seven thousand five hundred dollars, except as otherwise	2981
provided in division (I)(3) of this section, identity fraud is a	2982
felony of the fourth degree. If the value of the credit,	2983
property, services, debt, or other legal obligation involved in	2984
the violation or course of conduct is ~~five~~seven thousand five	2985
hundred dollars or more and is less than one hundred fifty	2986
thousand dollars, except as otherwise provided in division	2987
(I)(3) of this section, identity fraud is a felony of the third	2988
degree. If the value of the credit, property, services, debt, or	2989
other legal obligation involved in the violation or course of	2990
conduct is one hundred fifty thousand dollars or more, except as	2991
otherwise provided in division (I)(3) of this section, identity	2992
fraud is a felony of the second degree.	2993

(3) If the victim of the offense is an elderly person or	2994
disabled adult, a violation of this section is identity fraud	2995
against an elderly person or disabled adult. Except as otherwise	2996
provided in this division, identity fraud against an elderly	2997
person or disabled adult is a felony of the fifth degree. If the	2998
value of the credit, property, services, debt, or other legal	2999
obligation involved in the violation or course of conduct is ~~five~~	3000
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	3001
thousand five hundred dollars, identity fraud against an elderly	3002
person or disabled adult is a felony of the third degree. If the	3003
value of the credit, property, services, debt, or other legal	3004
obligation involved in the violation or course of conduct is ~~five~~	3005
seven thousand five hundred dollars or more and is less than one	3006
hundred fifty thousand dollars, identity fraud against an elderly	3007
person or disabled adult is a felony of the second degree. If the	3008
value of the credit, property, services, debt, or other legal	3009
obligation involved in the violation or course of conduct is one	3010
hundred fifty thousand dollars or more, identity fraud against	3011
an elderly person or disabled adult is a felony of the first	3012
degree.	3013

Sec. 2913.51. (A) No person shall receive, retain, or	3014
dispose of property of another knowing or having reasonable cause	3015
to believe that the property has been obtained through commission	3016
of a theft offense.	3017

(B) It is not a defense to a charge of receiving stolen	3018
property in violation of this section that the property was	3019
obtained by means other than through the commission of a theft	3020
offense if the property was explicitly represented to the accused	3021
person as being obtained through the commission of a theft	3022
offense.	3023

(C) Whoever violates this section is guilty of receiving	3024
stolen property. Except as otherwise provided in this division,	3025
receiving stolen property is a misdemeanor of the first degree. If	3026
the value of the property involved is ~~five hundred~~one thousand	3027
dollars or more and is less than ~~five~~seven thousand five hundred	3028
dollars, if the property involved is any of the property listed in	3029
section 2913.71 of the Revised Code, receiving stolen property is	3030
a felony of the fifth degree. If the property involved is a motor	3031
vehicle, as defined in section 4501.01 of the Revised Code, if the	3032
property involved is a dangerous drug, as defined in section	3033
4729.01 of the Revised Code, if the value of the property involved	3034
is ~~five~~seven thousand five hundred dollars or more and is less	3035
than one hundred fifty thousand dollars, or if the property	3036
involved is a firearm or dangerous ordnance, as defined in section	3037
2923.11 of the Revised Code, receiving stolen property is a felony	3038
of the fourth degree. If the value of the property involved is one	3039
hundred fifty thousand dollars or more, receiving stolen	3040
property is a felony of the third degree.	3041

Sec. 2913.61. (A) When a person is charged with a theft	3042
offense, or with a violation of division (A)(1) of section 1716.14	3043
of the Revised Code involving a victim who is an elderly person or	3044
disabled adult that involves property or services valued at ~~five~~	3045
~~hundred~~one thousand dollars or more, property or services	3046
valued at ~~five hundred~~one thousand dollars or more and less than	3047
~~five~~seven thousand five hundred dollars, property or services	3048
valued at one thousand five hundred dollars or more and less than	3049
seven thousand five hundred dollars, property or services valued	3050
at ~~five~~seven thousand five hundred dollars or more and less than	3051
~~twenty-five~~thirty-seven thousand five hundred dollars, property	3052
or services valued at seven thousand five hundred dollars or more	3053
and less than one hundred fifty thousand dollars, property or	3054
services valued at ~~twenty-five~~thirty-seven thousand five hundred	3055
dollars or more and less than one hundred fifty thousand	3056
dollars, orproperty or services valued at thirty-seven thousand	3057
five hundred dollars or more, property or services valued at one	3058
hundred fifty thousand dollars or more, property or services	3059
valued at one hundred fifty thousand dollars or more and less than	3060
seven hundred fifty thousand dollars, property or services valued	3061
at seven hundred fifty thousand dollars or more and less than one	3062
million five hundred thousand dollars, or property or services	3063
valued at one million five hundred thousand dollars or more, the	3064
jury or court trying the accused shall determine the value of the	3065
property or services as of the time of the offense and, if a	3066
guilty verdict is returned, shall return the finding of value as	3067
part of the verdict. In any case in which the jury or court	3068
determines that the value of the property or services at the time	3069
of the offense was ~~five hundred~~one thousand dollars or more, it	3070
is unnecessary to find and return the exact value, and it is	3071
sufficient if the finding and return is to the effect that the	3072
value of the property or services involved was ~~five hundred~~one	3073
thousand dollars or more and less than ~~five~~seven thousand five	3074
hundred dollars, was one thousand dollars or more and less than	3075
seven thousand five hundred dollars, was ~~five~~seven thousand five	3076
hundred dollars or more and less than ~~twenty-five~~thirty-seven	3077
thousand five hundred dollars, was seven thousand five hundred	3078
dollars or more and less than thirty-seven thousand five hundred	3079
dollars, was seven thousand five hundred dollars or more and less	3080
than one hundred fifty thousand dollars, was ~~twenty-five~~	3081
thirty-seven thousand five hundred dollars or more and less than	3082
one hundred fifty thousand dollars, orwas thirty-seven thousand	3083
five hundred dollars or more and less than one hundred fifty	3084
thousand dollars, was one hundred fifty thousand dollars or more,	3085
was one hundred fifty thousand dollars or more and less than seven	3086
hundred fifty thousand dollars, was seven hundred fifty thousand	3087
dollars or more and less than one million five hundred thousand	3088
dollars, or was one million five hundred thousand dollars or more,	3089
whichever is relevant regarding the offense.	3090

(B) If more than one item of property or services is involved	3091
in a theft offense or in a violation of division (A)(1) of section	3092
1716.14 of the Revised Code involving a victim who is an elderly	3093
person or disabled adult, the value of the property or services	3094
involved for the purpose of determining the value as required by	3095
division (A) of this section is the aggregate value of all	3096
property or services involved in the offense.	3097

(C)(1) When a series of offenses under section 2913.02 of the	3098
Revised Code, or a series of violations of, attempts to commit a	3099
violation of, conspiracies to violate, or complicity in violations	3100
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3101
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3102
2913.31 or 2913.43 of the Revised Code involving a victim who is	3103
an elderly person or disabled adult, is committed by the offender	3104
in the offender's same employment, capacity, or relationship to	3105
another, all of those offenses shall be tried as a single offense.	3106
The value of the property or services involved in the series of	3107
offenses for the purpose of determining the value as required by	3108
division (A) of this section is the aggregate value of all	3109
property and services involved in all offenses in the series.	3110

(2) If an offender commits a series of offenses under section	3111
2913.02 of the Revised Code that involves a common course of	3112
conduct to defraud multiple victims, all of the offenses may be	3113
tried as a single offense. If an offender is being tried for the	3114
commission of a series of violations of, attempts to commit a	3115
violation of, conspiracies to violate, or complicity in violations	3116
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	3117
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	3118
2913.31 or 2913.43 of the Revised Code, whether committed against	3119
one victim or more than one victim, involving a victim who is an	3120
elderly person or disabled adult, pursuant to a scheme or course	3121
of conduct, all of those offenses may be tried as a single	3122
offense. If the offenses are tried as a single offense, the value	3123
of the property or services involved for the purpose of	3124
determining the value as required by division (A) of this section	3125
is the aggregate value of all property and services involved in	3126
all of the offenses in the course of conduct.	3127

(3) When a series of two or more offenses under section	3128
2921.41 of the Revised Code is committed by the offender in the	3129
offender's same employment, capacity, or relationship to another,	3130
all of those offenses may be tried as a single offense. If the	3131
offenses are tried as a single offense, the value of the property	3132
or services involved for the purpose of determining the value as	3133
required by division (A) of this section is the aggregate value of	3134
all property and services involved in all of the offenses in the	3135
series of two or more offenses.	3136

(4) In prosecuting a single offense under division (C)(1),	3137
(2), or (3) of this section, it is not necessary to separately	3138
allege and prove each offense in the series. Rather, it is	3139
sufficient to allege and prove that the offender, within a given	3140
span of time, committed one or more theft offenses or violations	3141
of section 2921.41 of the Revised Code in the offender's same	3142
employment, capacity, or relationship to another as described in	3143
division (C)(1) or (3) of this section, or committed one or more	3144
theft offenses that involve a common course of conduct to defraud	3145
multiple victims or a scheme or course of conduct as described in	3146
division (C)(2) of this section.	3147

(D) The following criteria shall be used in determining the	3148
value of property or services involved in a theft offense:	3149

(1) The value of an heirloom, memento, collector's item,	3150
antique, museum piece, manuscript, document, record, or other	3151
thing that has intrinsic worth to its owner and that either is	3152
irreplaceable or is replaceable only on the expenditure of	3153
substantial time, effort, or money, is the amount that would	3154
compensate the owner for its loss.	3155

(2) The value of personal effects and household goods, and of	3156
materials, supplies, equipment, and fixtures used in the	3157
profession, business, trade, occupation, or avocation of its	3158
owner, which property is not covered under division (D)(1) of this	3159
section and which retains substantial utility for its purpose	3160
regardless of its age or condition, is the cost of replacing the	3161
property with new property of like kind and quality.	3162

(3) The value of any real or personal property that is not	3163
covered under division (D)(1) or (2) of this section, and the	3164
value of services, is the fair market value of the property or	3165
services. As used in this section, "fair market value" is the	3166
money consideration that a buyer would give and a seller would	3167
accept for property or services, assuming that the buyer is	3168
willing to buy and the seller is willing to sell, that both are	3169
fully informed as to all facts material to the transaction, and	3170
that neither is under any compulsion to act.	3171

(E) Without limitation on the evidence that may be used to	3172
establish the value of property or services involved in a theft	3173
offense:	3174

(1) When the property involved is personal property held for	3175
sale at wholesale or retail, the price at which the property was	3176
held for sale is prima-facie evidence of its value.	3177

(2) When the property involved is a security or commodity	3178
traded on an exchange, the closing price or, if there is no	3179
closing price, the asked price, given in the latest market	3180
quotation prior to the offense is prima-facie evidence of the	3181
value of the security or commodity.	3182

(3) When the property involved is livestock, poultry, or raw	3183
agricultural products for which a local market price is available,	3184
the latest local market price prior to the offense is prima-facie	3185
evidence of the value of the livestock, poultry, or products.	3186

(4) When the property involved is a negotiable instrument,	3187
the face value is prima-facie evidence of the value of the	3188
instrument.	3189

(5) When the property involved is a warehouse receipt, bill	3190
of lading, pawn ticket, claim check, or other instrument entitling	3191
the holder or bearer to receive property, the face value or, if	3192
there is no face value, the value of the property covered by the	3193
instrument less any payment necessary to receive the property is	3194
prima-facie evidence of the value of the instrument.	3195

(6) When the property involved is a ticket of admission,	3196
ticket for transportation, coupon, token, or other instrument	3197
entitling the holder or bearer to receive property or services,	3198
the face value or, if there is no face value, the value of the	3199
property or services that may be received by the instrument is	3200
prima-facie evidence of the value of the instrument.	3201

(7) When the services involved are gas, electricity, water,	3202
telephone, transportation, shipping, or other services for which	3203
the rate is established by law, the duly established rate is	3204
prima-facie evidence of the value of the services.	3205

(8) When the services involved are services for which the	3206
rate is not established by law, and the offender has been notified	3207
prior to the offense of the rate for the services, either in	3208
writing, orally, or by posting in a manner reasonably calculated	3209
to come to the attention of potential offenders, the rate	3210
contained in the notice is prima-facie evidence of the value of	3211
the services.	3212

Sec. 2915.05. (A) No person, with purpose to defraud or	3213
knowing that the person is facilitating a fraud, shall engage in	3214
conduct designed to corrupt the outcome of any of the following:	3215

(1) The subject of a bet;

3216

(2) A contest of knowledge, skill, or endurance that is not	3217
an athletic or sporting event;	3218

(3) A scheme or game of chance;

3219

(4) Bingo.

3220

(B) No person shall knowingly do any of the following:

3221

(1) Offer, give, solicit, or accept anything of value to	3222
corrupt the outcome of an athletic or sporting event;	3223

(2) Engage in conduct designed to corrupt the outcome of an	3224
athletic or sporting event.	3225

(C)(1) Whoever violates division (A) of this section is	3226
guilty of cheating. Except as otherwise provided in this division,	3227
cheating is a misdemeanor of the first degree. If the potential	3228
gain from the cheating is ~~five hundred~~one thousand dollars or	3229
more or if the offender previously has been convicted of any	3230
gambling offense or of any theft offense, as defined in section	3231
2913.01 of the Revised Code, cheating is a felony of the fifth	3232
degree.	3233

(2) Whoever violates division (B) of this section is guilty	3234
of corrupting sports. Corrupting sports is a felony of the fifth	3235
degree on a first offense and a felony of the fourth degree on	3236
each subsequent offense.	3237

Sec. 2917.21. (A) No person shall knowingly make or cause to	3238
be made a telecommunication, or knowingly permit a	3239
telecommunication to be made from a telecommunications device	3240
under the person's control, to another, if the caller does any of	3241
the following:	3242

(1) Fails to identify the caller to the recipient of the	3243
telecommunication and makes the telecommunication with purpose to	3244
harass or abuse any person at the premises to which the	3245
telecommunication is made, whether or not actual communication	3246
takes place between the caller and a recipient;	3247

(2) Describes, suggests, requests, or proposes that the	3248
caller, the recipient of the telecommunication, or any other	3249
person engage in sexual activity, and the recipient or another	3250
person at the premises to which the telecommunication is made has	3251
requested, in a previous telecommunication or in the immediate	3252
telecommunication, that the caller not make a telecommunication to	3253
the recipient or to the premises to which the telecommunication is	3254
made;	3255

(3) During the telecommunication, violates section 2903.21 of	3256
the Revised Code;	3257

(4) Knowingly states to the recipient of the	3258
telecommunication that the caller intends to cause damage to or	3259
destroy public or private property, and the recipient, any member	3260
of the recipient's family, or any other person who resides at the	3261
premises to which the telecommunication is made owns, leases,	3262
resides, or works in, will at the time of the destruction or	3263
damaging be near or in, has the responsibility of protecting, or	3264
insures the property that will be destroyed or damaged;	3265

(5) Knowingly makes the telecommunication to the recipient of	3266
the telecommunication, to another person at the premises to which	3267
the telecommunication is made, or to those premises, and the	3268
recipient or another person at those premises previously has told	3269
the caller not to make a telecommunication to those premises or to	3270
any persons at those premises.	3271

(B) No person shall make or cause to be made a	3272
telecommunication, or permit a telecommunication to be made from a	3273
telecommunications device under the person's control, with purpose	3274
to abuse, threaten, or harass another person.	3275

(C)(1) Whoever violates this section is guilty of	3276
telecommunications harassment.	3277

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	3278
of this section is a misdemeanor of the first degree on a first	3279
offense and a felony of the fifth degree on each subsequent	3280
offense.	3281

(3) Except as otherwise provided in division (C)(3) of this	3282
section, a violation of division (A)(4) of this section is a	3283
misdemeanor of the first degree on a first offense and a felony of	3284
the fifth degree on each subsequent offense. If a violation of	3285
division (A)(4) of this section results in economic harm of ~~five~~	3286
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3287
thousand five hundred dollars, telecommunications harassment is a	3288
felony of the fifth degree. If a violation of division (A)(4) of	3289
this section results in economic harm of ~~five~~seven thousand five	3290
hundred dollars or more but less than one hundred fifty thousand	3291
dollars, telecommunications harassment is a felony of the fourth	3292
degree. If a violation of division (A)(4) of this section results	3293
in economic harm of one hundred fifty thousand dollars or more,	3294
telecommunications harassment is a felony of the third degree.	3295

(D) No cause of action may be asserted in any court of this	3296
state against any provider of a telecommunications service or	3297
information service, or against any officer, employee, or agent of	3298
a telecommunication service or information service, for any	3299
injury, death, or loss to person or property that allegedly arises	3300
out of the provider's, officer's, employee's, or agent's provision	3301
of information, facilities, or assistance in accordance with the	3302
terms of a court order that is issued in relation to the	3303
investigation or prosecution of an alleged violation of this	3304
section or section 4931.31 of the Revised Code. A provider of a	3305
telecommunications service or information service, or an officer,	3306
employee, or agent of a telecommunications service or information	3307
service, is immune from any civil or criminal liability for	3308
injury, death, or loss to person or property that allegedly arises	3309
out of the provider's, officer's, employee's, or agent's provision	3310
of information, facilities, or assistance in accordance with the	3311
terms of a court order that is issued in relation to the	3312
investigation or prosecution of an alleged violation of this	3313
section or section 4931.31 of the Revised Code.	3314

(E) As used in this section:

3315

(1) "Economic harm" means all direct, incidental, and	3316
consequential pecuniary harm suffered by a victim as a result of	3317
criminal conduct. "Economic harm" includes, but is not limited to,	3318
all of the following:	3319

(a) All wages, salaries, or other compensation lost as a	3320
result of the criminal conduct;	3321

(b) The cost of all wages, salaries, or other compensation	3322
paid to employees for time those employees are prevented from	3323
working as a result of the criminal conduct;	3324

(c) The overhead costs incurred for the time that a business	3325
is shut down as a result of the criminal conduct;	3326

(d) The loss of value to tangible or intangible property that	3327
was damaged as a result of the criminal conduct.	3328

(2) "Caller" means the person described in division (A) of	3329
this section who makes or causes to be made a telecommunication or	3330
who permits a telecommunication to be made from a	3331
telecommunications device under that person's control.	3332

(3) "Telecommunication" and "telecommunications device" have	3333
the same meanings as in section 2913.01 of the Revised Code.	3334

(4) "Sexual activity" has the same meaning as in section	3335
2907.01 of the Revised Code.	3336

(F) Nothing in this section prohibits a person from making a	3337
telecommunication to a debtor that is in compliance with the "Fair	3338
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	3339
1692, as amended, or the "Telephone Consumer Protection Act," 105	3340
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	3341

Sec. 2917.31. (A) No person shall cause the evacuation of	3342
any public place, or otherwise cause serious public inconvenience	3343
or alarm, by doing any of the following:	3344

(1) Initiating or circulating a report or warning of an	3345
alleged or impending fire, explosion, crime, or other catastrophe,	3346
knowing that such report or warning is false;	3347

(2) Threatening to commit any offense of violence;

3348

(3) Committing any offense, with reckless disregard of the	3349
likelihood that its commission will cause serious public	3350
inconvenience or alarm.	3351

(B) Division (A)(1) of this section does not apply to any	3352
person conducting an authorized fire or emergency drill.	3353

(C)(1) Whoever violates this section is guilty of inducing	3354
panic.	3355

(2) Except as otherwise provided in division (C)(3), (4),	3356
(5), (6), (7), or (8) of this section, inducing panic is a	3357
misdemeanor of the first degree.	3358

(3) Except as otherwise provided in division (C)(4), (5),	3359
(6), (7), or (8) of this section, if a violation of this section	3360
results in physical harm to any person, inducing panic is a felony	3361
of the fourth degree.	3362

(4) Except as otherwise provided in division (C)(5), (6),	3363
(7), or (8) of this section, if a violation of this section	3364
results in economic harm, the penalty shall be determined as	3365
follows:	3366

(a) If the violation results in economic harm of ~~five~~	3367
~~hundred~~one thousand dollars or more but less than ~~five~~seven	3368
thousand five hundred dollars and if division (C)(3) of this	3369
section does not apply, inducing panic is a felony of the fifth	3370
degree.	3371

(b) If the violation results in economic harm of ~~five~~seven	3372
thousand five hundred dollars or more but less than one hundred	3373
fifty thousand dollars, inducing panic is a felony of the fourth	3374
degree.	3375

(c) If the violation results in economic harm of one hundred	3376
fifty thousand dollars or more, inducing panic is a felony of the	3377
third degree.	3378

(5) If the public place involved in a violation of division	3379
(A)(1) of this section is a school or an institution of higher	3380
education, inducing panic is a felony of the second degree.	3381

(6) If the violation pertains to a purported, threatened, or	3382
actual use of a weapon of mass destruction, and except as	3383
otherwise provided in division (C)(5), (7), or (8) of this	3384
section, inducing panic is a felony of the fourth degree.	3385

(7) If the violation pertains to a purported, threatened, or	3386
actual use of a weapon of mass destruction, and except as	3387
otherwise provided in division (C)(5) of this section, if a	3388
violation of this section results in physical harm to any person,	3389
inducing panic is a felony of the third degree.	3390

(8) If the violation pertains to a purported, threatened, or	3391
actual use of a weapon of mass destruction, and except as	3392
otherwise provided in division (C)(5) of this section, if a	3393
violation of this section results in economic harm of one hundred	3394
thousand dollars or more, inducing panic is a felony of the third	3395
degree.	3396

(D)(1) It is not a defense to a charge under this section	3397
that pertains to a purported or threatened use of a weapon of mass	3398
destruction that the offender did not possess or have the ability	3399
to use a weapon of mass destruction or that what was represented	3400
to be a weapon of mass destruction was not a weapon of mass	3401
destruction.	3402

(2) Any act that is a violation of this section and any other	3403
section of the Revised Code may be prosecuted under this section,	3404
the other section, or both sections.	3405

(E) As used in this section:

3406

(1) "Economic harm" means any of the following:

3407

(a) All direct, incidental, and consequential pecuniary harm	3408
suffered by a victim as a result of criminal conduct. "Economic	3409
harm" as described in this division includes, but is not limited	3410
to, all of the following:	3411

(i) All wages, salaries, or other compensation lost as a	3412
result of the criminal conduct;	3413

(ii) The cost of all wages, salaries, or other compensation	3414
paid to employees for time those employees are prevented from	3415
working as a result of the criminal conduct;	3416

(iii) The overhead costs incurred for the time that a	3417
business is shut down as a result of the criminal conduct;	3418

(iv) The loss of value to tangible or intangible property	3419
that was damaged as a result of the criminal conduct.	3420

(b) All costs incurred by the state or any political	3421
subdivision as a result of, or in making any response to, the	3422
criminal conduct that constituted the violation of this section or	3423
section 2917.32 of the Revised Code, including, but not limited	3424
to, all costs so incurred by any law enforcement officers,	3425
firefighters, rescue personnel, or emergency medical services	3426
personnel of the state or the political subdivision.	3427

(2) "School" means any school operated by a board of	3428
education or any school for which the state board of education	3429
prescribes minimum standards under section 3301.07 of the Revised	3430
Code, whether or not any instruction, extracurricular activities,	3431
or training provided by the school is being conducted at the time	3432
a violation of this section is committed.	3433

(3) "Weapon of mass destruction" means any of the following:

3434

(a) Any weapon that is designed or intended to cause death or	3435
serious physical harm through the release, dissemination, or	3436
impact of toxic or poisonous chemicals, or their precursors;	3437

(b) Any weapon involving a disease organism or biological	3438
agent;	3439

(c) Any weapon that is designed to release radiation or	3440
radioactivity at a level dangerous to human life;	3441

(d) Any of the following, except to the extent that the item	3442
or device in question is expressly excepted from the definition of	3443
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	3444
regulations issued under that section:	3445

(i) Any explosive, incendiary, or poison gas bomb, grenade,	3446
rocket having a propellant charge of more than four ounces,	3447
missile having an explosive or incendiary charge of more than	3448
one-quarter ounce, mine, or similar device;	3449

(ii) Any combination of parts either designed or intended for	3450
use in converting any item or device into any item or device	3451
described in division (E)(3)(d)(i) of this section and from which	3452
an item or device described in that division may be readily	3453
assembled.	3454

(4) "Biological agent" has the same meaning as in section	3455
2917.33 of the Revised Code.	3456

(5) "Emergency medical services personnel" has the same	3457
meaning as in section 2133.21 of the Revised Code.	3458

(6) "Institution of higher education" means any of the	3459
following:	3460

(a) A state university or college as defined in division	3461
(A)(1) of section 3345.12 of the Revised Code, community college,	3462
state community college, university branch, or technical college;	3463

(b) A private, nonprofit college, university or other	3464
post-secondary institution located in this state that possesses a	3465
certificate of authorization issued by the Ohio board of regents	3466
pursuant to Chapter 1713. of the Revised Code;	3467

(c) A post-secondary institution with a certificate of	3468
registration issued by the state board of career colleges and	3469
schools under Chapter 3332. of the Revised Code.	3470

Sec. 2917.32. (A) No person shall do any of the following:

3471

(1) Initiate or circulate a report or warning of an alleged	3472
or impending fire, explosion, crime, or other catastrophe, knowing	3473
that the report or warning is false and likely to cause public	3474
inconvenience or alarm;	3475

(2) Knowingly cause a false alarm of fire or other emergency	3476
to be transmitted to or within any organization, public or	3477
private, for dealing with emergencies involving a risk of physical	3478
harm to persons or property;	3479

(3) Report to any law enforcement agency an alleged offense	3480
or other incident within its concern, knowing that such offense	3481
did not occur.	3482

(B) This section does not apply to any person conducting an	3483
authorized fire or emergency drill.	3484

(C)(1) Whoever violates this section is guilty of making	3485
false alarms.	3486

(2) Except as otherwise provided in division (C)(3), (4),	3487
(5), or (6) of this section, making false alarms is a misdemeanor	3488
of the first degree.	3489

(3) Except as otherwise provided in division (C)(4) of this	3490
section, if a violation of this section results in economic harm	3491
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	3492
seven thousand five hundred dollars, making false alarms is a	3493
felony of the fifth degree.	3494

(4) If a violation of this section pertains to a purported,	3495
threatened, or actual use of a weapon of mass destruction, making	3496
false alarms is a felony of the third degree.	3497

(5) If a violation of this section results in economic harm	3498
of ~~five~~seven thousand five hundred dollars or more but less than	3499
one hundred fifty thousand dollars and if division (C)(4) of this	3500
section does not apply, making false alarms is a felony of the	3501
fourth degree.	3502

(6) If a violation of this section results in economic harm	3503
of one hundred fifty thousand dollars or more, making false alarms	3504
is a felony of the third degree.	3505

(D)(1) It is not a defense to a charge under this section	3506
that pertains to a purported or threatened use of a weapon of mass	3507
destruction that the offender did not possess or have the ability	3508
to use a weapon of mass destruction or that what was represented	3509
to be a weapon of mass destruction was not a weapon of mass	3510
destruction.	3511

(2) Any act that is a violation of this section and any other	3512
section of the Revised Code may be prosecuted under this section,	3513
the other section, or both sections.	3514

(E) As used in this section, "economic harm" and "weapon of	3515
mass destruction" have the same meanings as in section 2917.31 of	3516
the Revised Code.	3517

Sec. 2919.21. (A) No person shall abandon, or fail to	3518
provide adequate support to:	3519

(1) The person's spouse, as required by law;

3520

(2) The person's child who is under age eighteen, or mentally	3521
or physically handicapped child who is under age twenty-one;	3522

(3) The person's aged or infirm parent or adoptive parent,	3523
who from lack of ability and means is unable to provide adequately	3524
for the parent's own support.	3525

(B) No person shall abandon, or fail to provide support as	3526
established by a court order to, another person whom, by court	3527
order or decree, the person is legally obligated to support.	3528

(C) No person shall aid, abet, induce, cause, encourage, or	3529
contribute to a child or a ward of the juvenile court becoming a	3530
dependent child, as defined in section 2151.04 of the Revised	3531
Code, or a neglected child, as defined in section 2151.03 of the	3532
Revised Code.	3533

(D) It is an affirmative defense to a charge of failure to	3534
provide adequate support under division (A) of this section or a	3535
charge of failure to provide support established by a court order	3536
under division (B) of this section that the accused was unable to	3537
provide adequate support or the established support but did	3538
provide the support that was within the accused's ability and	3539
means.	3540

(E) It is an affirmative defense to a charge under division	3541
(A)(3) of this section that the parent abandoned the accused or	3542
failed to support the accused as required by law, while the	3543
accused was under age eighteen, or was mentally or physically	3544
handicapped and under age twenty-one.	3545

(F) It is not a defense to a charge under division (B) of	3546
this section that the person whom a court has ordered the accused	3547
to support is being adequately supported by someone other than the	3548
accused.	3549

(G)(1) Except as otherwise provided in this division, whoever	3550
violates division (A) or (B) of this section is guilty of	3551
nonsupport of dependents, a misdemeanor of the first degree. If	3552
the offender previously has been convicted of or pleaded guilty to	3553
a violation of division (A)(2) or (B) of this section or if the	3554
offender has failed to provide support under division (A)(2) or	3555
(B) of this section for a total accumulated period of twenty-six	3556
weeks out of one hundred four consecutive weeks, whether or not	3557
the twenty-six weeks were consecutive, then a violation of	3558
division (A)(2) or (B) of this section is a felony of the fifth	3559
degree. If the offender previously has been convicted of or	3560
pleaded guilty to a felony violation of this section, a violation	3561
of division (A)(2) or (B) of this section is a felony of the	3562
fourth degree. If	3563

If the violation of division (A) or (B) of this section is a	3564
felony, all of the following apply to the sentencing of the	3565
offender:	3566

(a) Except as otherwise provided in division (G)(1)(b) of	3567
this section, the court in imposing sentence on the offender shall	3568
first consider placing the offender on one or more community	3569
control sanctions under section 2929.16, 2929.17, or 2929.18 of	3570
the Revised Code, with an emphasis under the sanctions on	3571
intervention for nonsupport, obtaining or maintaining employment,	3572
or another related condition.	3573

(b) The preference for placement on community control	3574
sanctions described in division (G)(1)(a) of this section does not	3575
apply to any offender to whom one or more of the following	3576
applies:	3577

(i) The court determines that the imposition of a prison term	3578
on the offender is consistent with the purposes and principles of	3579
sentencing set forth in section 2929.11 of the Revised Code.	3580

(ii) The offender previously was convicted of or pleaded	3581
guilty to a violation of this section that was a felony, the	3582
conviction or guilty plea occurred on or after the effective date	3583
of this amendment, and the offender was sentenced to a prison term	3584
for that violation.	3585

(iii) The offender previously was convicted of or pleaded	3586
guilty to a violation of this section that was a felony, the	3587
conviction or guilty plea occurred on or after the effective date	3588
of this amendment, the offender was sentenced to one or more	3589
community control sanctions of a type described in division	3590
(G)(1)(a) of this section for that violation, and the offender	3591
failed to comply with the conditions of any of those community	3592
control sanctions.	3593

(2) If the offender is guilty of nonsupport of dependents by	3594
reason of failing to provide support to the offender's child as	3595
required by a child support order issued on or after April 15,	3596
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	3597
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	3598
Revised Code, the court, in addition to any other sentence	3599
imposed, shall assess all court costs arising out of the charge	3600
against the person and require the person to pay any reasonable	3601
attorney's fees of any adverse party other than the state, as	3602
determined by the court, that arose in relation to the charge.	3603

~~(2)~~(3) Whoever violates division (C) of this section is	3604
guilty of contributing to the nonsupport of dependents, a	3605
misdemeanor of the first degree. Each day of violation of division	3606
(C) of this section is a separate offense.	3607

Sec. 2921.13. (A) No person shall knowingly make a false	3608
statement, or knowingly swear or affirm the truth of a false	3609
statement previously made, when any of the following applies:	3610

(1) The statement is made in any official proceeding.

3611

(2) The statement is made with purpose to incriminate	3612
another.	3613

(3) The statement is made with purpose to mislead a public	3614
official in performing the public official's official function.	3615

(4) The statement is made with purpose to secure the payment	3616
of unemployment compensation; Ohio works first; prevention,	3617
retention, and contingency benefits and services; disability	3618
financial assistance; retirement benefits; economic development	3619
assistance, as defined in section 9.66 of the Revised Code; or	3620
other benefits administered by a governmental agency or paid out	3621
of a public treasury.	3622

(5) The statement is made with purpose to secure the issuance	3623
by a governmental agency of a license, permit, authorization,	3624
certificate, registration, release, or provider agreement.	3625

(6) The statement is sworn or affirmed before a notary public	3626
or another person empowered to administer oaths.	3627

(7) The statement is in writing on or in connection with a	3628
report or return that is required or authorized by law.	3629

(8) The statement is in writing and is made with purpose to	3630
induce another to extend credit to or employ the offender, to	3631
confer any degree, diploma, certificate of attainment, award of	3632
excellence, or honor on the offender, or to extend to or bestow	3633
upon the offender any other valuable benefit or distinction, when	3634
the person to whom the statement is directed relies upon it to	3635
that person's detriment.	3636

(9) The statement is made with purpose to commit or	3637
facilitate the commission of a theft offense.	3638

(10) The statement is knowingly made to a probate court in	3639
connection with any action, proceeding, or other matter within its	3640
jurisdiction, either orally or in a written document, including,	3641
but not limited to, an application, petition, complaint, or other	3642
pleading, or an inventory, account, or report.	3643

(11) The statement is made on an account, form, record,	3644
stamp, label, or other writing that is required by law.	3645

(12) The statement is made in connection with the purchase of	3646
a firearm, as defined in section 2923.11 of the Revised Code, and	3647
in conjunction with the furnishing to the seller of the firearm of	3648
a fictitious or altered driver's or commercial driver's license or	3649
permit, a fictitious or altered identification card, or any other	3650
document that contains false information about the purchaser's	3651
identity.	3652

(13) The statement is made in a document or instrument of	3653
writing that purports to be a judgment, lien, or claim of	3654
indebtedness and is filed or recorded with the secretary of state,	3655
a county recorder, or the clerk of a court of record.	3656

(14) The statement is made in an application filed with a	3657
county sheriff pursuant to section 2923.125 of the Revised Code in	3658
order to obtain or renew a license to carry a concealed handgun or	3659
is made in an affidavit submitted to a county sheriff to obtain a	3660
temporary emergency license to carry a concealed handgun under	3661
section 2923.1213 of the Revised Code.	3662

(15) The statement is required under section 5743.71 of the	3663
Revised Code in connection with the person's purchase of	3664
cigarettes or tobacco products in a delivery sale.	3665

(B) No person, in connection with the purchase of a firearm,	3666
as defined in section 2923.11 of the Revised Code, shall knowingly	3667
furnish to the seller of the firearm a fictitious or altered	3668
driver's or commercial driver's license or permit, a fictitious or	3669
altered identification card, or any other document that contains	3670
false information about the purchaser's identity.	3671

(C) No person, in an attempt to obtain a license to carry a	3672
concealed handgun under section 2923.125 of the Revised Code,	3673
shall knowingly present to a sheriff a fictitious or altered	3674
document that purports to be certification of the person's	3675
competence in handling a handgun as described in division (B)(3)	3676
of section 2923.125 of the Revised Code.	3677

(D) It is no defense to a charge under division (A)(6) of	3678
this section that the oath or affirmation was administered or	3679
taken in an irregular manner.	3680

(E) If contradictory statements relating to the same fact are	3681
made by the offender within the period of the statute of	3682
limitations for falsification, it is not necessary for the	3683
prosecution to prove which statement was false but only that one	3684
or the other was false.	3685

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	3686
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	3687
of falsification, a misdemeanor of the first degree.	3688

(2) Whoever violates division (A)(9) of this section is	3689
guilty of falsification in a theft offense. Except as otherwise	3690
provided in this division, falsification in a theft offense is a	3691
misdemeanor of the first degree. If the value of the property or	3692
services stolen is ~~five hundred~~one thousand dollars or more and	3693
is less than ~~five~~seven thousand five hundred dollars,	3694
falsification in a theft offense is a felony of the fifth degree.	3695
If the value of the property or services stolen is ~~five~~seven	3696
thousand five hundred dollars or more and is less than one hundred	3697
fifty thousand dollars, falsification in a theft offense is a	3698
felony of the fourth degree. If the value of the property or	3699
services stolen is one hundred fifty thousand dollars or more,	3700
falsification in a theft offense is a felony of the third degree.	3701

(3) Whoever violates division (A)(12) or (B) of this section	3702
is guilty of falsification to purchase a firearm, a felony of the	3703
fifth degree.	3704

(4) Whoever violates division (A)(14) or (C) of this section	3705
is guilty of falsification to obtain a concealed handgun license,	3706
a felony of the fourth degree.	3707

(G) A person who violates this section is liable in a civil	3708
action to any person harmed by the violation for injury, death, or	3709
loss to person or property incurred as a result of the commission	3710
of the offense and for reasonable attorney's fees, court costs,	3711
and other expenses incurred as a result of prosecuting the civil	3712
action commenced under this division. A civil action under this	3713
division is not the exclusive remedy of a person who incurs	3714
injury, death, or loss to person or property as a result of a	3715
violation of this section.	3716

Sec. 2921.34. (A)(1) No person, knowing the person is under	3717
detention, other than supervised release detention, or being	3718
reckless in that regard, shall purposely break or attempt to break	3719
the detention, or purposely fail to return to detention, either	3720
following temporary leave granted for a specific purpose or	3721
limited period, or at the time required when serving a sentence in	3722
intermittent confinement.	3723

(2)(a) Division (A)(2)(b) of this section applies to any	3724
person who is sentenced to a prison term pursuant to division	3725
(A)(3) or (B) of section 2971.03 of the Revised Code.	3726

(b) No person to whom this division applies, for whom the	3727
requirement that the entire prison term imposed upon the person	3728
pursuant to division (A)(3) or (B) of section 2971.03 of the	3729
Revised Code be served in a state correctional institution has	3730
been modified pursuant to section 2971.05 of the Revised Code, and	3731
who, pursuant to that modification, is restricted to a geographic	3732
area, knowing that the person is under a geographic restriction or	3733
being reckless in that regard, shall purposely leave the	3734
geographic area to which the restriction applies or purposely fail	3735
to return to that geographic area following a temporary leave	3736
granted for a specific purpose or for a limited period of time.	3737

(3) No person, knowing the person is under supervised release	3738
detention or being reckless in that regard, shall purposely break	3739
or attempt to break the supervised release detention or purposely	3740
fail to return to the supervised release detention, either	3741
following temporary leave granted for a specific purpose or	3742
limited period, or at the time required when serving a sentence in	3743
intermittent confinement, if the purposeful breaking, attempting	3744
to break, or failure to return is for a period in excess of nine	3745
consecutive months.	3746

(B)(1) If a person, knowing the person is under supervised	3747
release detention or being reckless in that regard, purposely	3748
breaks or attempts to break the supervised release detention or	3749
purposely fails to return to the supervised release detention,	3750
either following temporary leave granted for a specific purpose or	3751
limited period, or at the time required when serving a sentence in	3752
intermittent confinement, and if the purposeful breaking,	3753
attempting to break, or failure to return is for a period that	3754
does not exceed nine consecutive months, the person is subject to	3755
administrative sanctions that may be imposed by the adult parole	3756
authority under section 2967.15 of the Revised Code.	3757

(2) Irregularity in bringing about or maintaining detention,	3758
or lack of jurisdiction of the committing or detaining authority,	3759
is not a defense to a charge under this section if the detention	3760
is pursuant to judicial order or in a detention facility. In the	3761
case of any other detention, irregularity or lack of jurisdiction	3762
is an affirmative defense only if either of the following occurs:	3763

~~(1)~~(a) The escape involved no substantial risk of harm to the	3764
person or property of another.	3765

~~(2)~~(b) The detaining authority knew or should have known	3766
there was no legal basis or authority for the detention.	3767

3768

(1) If the offender, at the time of the commission of the	3769
offense, was under detention as an alleged or adjudicated	3770
delinquent child or unruly child and if the act for which the	3771
offender was under detention would not be a felony if committed by	3772
an adult, escape is a misdemeanor of the first degree.	3773

(2) If the offender, at the time of the commission of the	3774
offense, was under detention in any other manner or if the	3775
offender is a person for whom the requirement that the entire	3776
prison term imposed upon the person pursuant to division (A)(3) or	3777
(B) of section 2971.03 of the Revised Code be served in a state	3778
correctional institution has been modified pursuant to section	3779
2971.05 of the Revised Code, escape is one of the following:	3780

(a) A felony of the second degree, when the most serious	3781
offense for which the person was under detention or for which the	3782
person had been sentenced to the prison term under division	3783
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3784
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3785
is aggravated murder, murder, or a felony of the first or second	3786
degree or, if the person was under detention as an alleged or	3787
adjudicated delinquent child, when the most serious act for which	3788
the person was under detention would be aggravated murder, murder,	3789
or a felony of the first or second degree if committed by an	3790
adult;	3791

(b) A felony of the third degree, when the most serious	3792
offense for which the person was under detention or for which the	3793
person had been sentenced to the prison term under division	3794
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	3795
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3796
is a felony of the third, fourth, or fifth degree or an	3797
unclassified felony or, if the person was under detention as an	3798
alleged or adjudicated delinquent child, when the most serious act	3799
for which the person was under detention would be a felony of the	3800
third, fourth, or fifth degree or an unclassified felony if	3801
committed by an adult;	3802

(c) A felony of the fifth degree, when any of the following	3803
applies:	3804

(i) The most serious offense for which the person was under	3805
detention is a misdemeanor.	3806

(ii) The person was found not guilty by reason of insanity,	3807
and the person's detention consisted of hospitalization,	3808
institutionalization, or confinement in a facility under an order	3809
made pursuant to or under authority of section 2945.40, 2945.401,	3810
or 2945.402 of the Revised Code.	3811

(d) A misdemeanor of the first degree, when the most serious	3812
offense for which the person was under detention is a misdemeanor	3813
and when the person fails to return to detention at a specified	3814
time following temporary leave granted for a specific purpose or	3815
limited period or at the time required when serving a sentence in	3816
intermittent confinement.	3817

(D) As used in this section, "supervised release detention"	3818
means detention that is supervision of a person by an employee of	3819
the department of rehabilitation and correction while the person	3820
is on any type of release from a state correctional institution,	3821
other than transitional control under section 2967.26 of the	3822
Revised Code or placement in a community-based correctional	3823
facility by the parole board under section 2967.28 of the Revised	3824
Code.	3825

Sec. 2921.41. (A) No public official or party official	3826
shall commit any theft offense, as defined in division (K) of	3827
section 2913.01 of the Revised Code, when either of the following	3828
applies:	3829

(1) The offender uses the offender's office in aid of	3830
committing the offense or permits or assents to its use in aid of	3831
committing the offense;	3832

(2) The property or service involved is owned by this state,	3833
any other state, the United States, a county, a municipal	3834
corporation, a township, or any political subdivision, department,	3835
or agency of any of them, is owned by a political party, or is	3836
part of a political campaign fund.	3837

(B) Whoever violates this section is guilty of theft in	3838
office. Except as otherwise provided in this division, theft in	3839
office is a felony of the fifth degree. If the value of property	3840
or services stolen is ~~five hundred~~one thousand dollars or more	3841
and is less than ~~five~~seven thousand five hundred dollars, theft	3842
in office is a felony of the fourth degree. If the value of	3843
property or services stolen is ~~five~~seven thousand five hundred	3844
dollars or more, theft in office is a felony of the third	3845
degree.	3846

(C)(1) A public official or party official who pleads guilty	3847
to theft in office and whose plea is accepted by the court or a	3848
public official or party official against whom a verdict or	3849
finding of guilt for committing theft in office is returned is	3850
forever disqualified from holding any public office, employment,	3851
or position of trust in this state.	3852

(2)(a) A court that imposes sentence for a violation of this	3853
section based on conduct described in division (A)(2) of this	3854
section shall require the public official or party official who is	3855
convicted of or pleads guilty to the offense to make restitution	3856
for all of the property or the service that is the subject of the	3857
offense, in addition to the term of imprisonment and any fine	3858
imposed. A court that imposes sentence for a violation of this	3859
section based on conduct described in division (A)(1) of this	3860
section and that determines at trial that this state or a	3861
political subdivision of this state if the offender is a public	3862
official, or a political party in the United States or this state	3863
if the offender is a party official, suffered actual loss as a	3864
result of the offense shall require the offender to make	3865
restitution to the state, political subdivision, or political	3866
party for all of the actual loss experienced, in addition to the	3867
term of imprisonment and any fine imposed.	3868

(b)(i) In any case in which a sentencing court is required to	3869
order restitution under division (C)(2)(a) of this section and in	3870
which the offender, at the time of the commission of the offense	3871
or at any other time, was a member of the public employees	3872
retirement system, the Ohio police and fire pension fund, the	3873
state teachers retirement system, the school employees retirement	3874
system, or the state highway patrol retirement system; was an	3875
electing employee, as defined in section 3305.01 of the Revised	3876
Code, participating in an alternative retirement plan provided	3877
pursuant to Chapter 3305. of the Revised Code; was a participating	3878
employee or continuing member, as defined in section 148.01 of the	3879
Revised Code, in a deferred compensation program offered by the	3880
Ohio public employees deferred compensation board; was an officer	3881
or employee of a municipal corporation who was a participant in a	3882
deferred compensation program offered by that municipal	3883
corporation; was an officer or employee of a government unit, as	3884
defined in section 148.06 of the Revised Code, who was a	3885
participant in a deferred compensation program offered by that	3886
government unit, or was a participating employee, continuing	3887
member, or participant in any deferred compensation program	3888
described in this division and a member of a retirement system	3889
specified in this division or a retirement system of a municipal	3890
corporation, the entity to which restitution is to be made may	3891
file a motion with the sentencing court specifying any retirement	3892
system, any provider as defined in section 3305.01 of the Revised	3893
Code, and any deferred compensation program of which the offender	3894
was a member, electing employee, participating employee,	3895
continuing member, or participant and requesting the court to	3896
issue an order requiring the specified retirement system, the	3897
specified provider under the alternative retirement plan, or the	3898
specified deferred compensation program, or, if more than one is	3899
specified in the motion, the applicable combination of these, to	3900
withhold the amount required as restitution from any payment that	3901
is to be made under a pension, annuity, or allowance, under an	3902
option in the alternative retirement plan, under a participant	3903
account, as defined in section 148.01 of the Revised Code, or	3904
under any other type of benefit, other than a survivorship	3905
benefit, that has been or is in the future granted to the	3906
offender, from any payment of accumulated employee contributions	3907
standing to the offender's credit with that retirement system,	3908
that provider of the option under the alternative retirement plan,	3909
or that deferred compensation program, or, if more than one is	3910
specified in the motion, the applicable combination of these, and	3911
from any payment of any other amounts to be paid to the offender	3912
upon the offender's withdrawal of the offender's contributions	3913
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	3914
the Revised Code. A motion described in this division may be filed	3915
at any time subsequent to the conviction of the offender or entry	3916
of a guilty plea. Upon the filing of the motion, the clerk of the	3917
court in which the motion is filed shall notify the offender, the	3918
specified retirement system, the specified provider under the	3919
alternative retirement plan, or the specified deferred	3920
compensation program, or, if more than one is specified in the	3921
motion, the applicable combination of these, in writing, of all of	3922
the following: that the motion was filed; that the offender will	3923
be granted a hearing on the issuance of the requested order if the	3924
offender files a written request for a hearing with the clerk	3925
prior to the expiration of thirty days after the offender receives	3926
the notice; that, if a hearing is requested, the court will	3927
schedule a hearing as soon as possible and notify the offender,	3928
any specified retirement system, any specified provider under an	3929
alternative retirement plan, and any specified deferred	3930
compensation program of the date, time, and place of the hearing;	3931
that, if a hearing is conducted, it will be limited only to a	3932
consideration of whether the offender can show good cause why the	3933
requested order should not be issued; that, if a hearing is	3934
conducted, the court will not issue the requested order if the	3935
court determines, based on evidence presented at the hearing by	3936
the offender, that there is good cause for the requested order not	3937
to be issued; that the court will issue the requested order if a	3938
hearing is not requested or if a hearing is conducted but the	3939
court does not determine, based on evidence presented at the	3940
hearing by the offender, that there is good cause for the	3941
requested order not to be issued; and that, if the requested order	3942
is issued, any retirement system, any provider under an	3943
alternative retirement plan, and any deferred compensation program	3944
specified in the motion will be required to withhold the amount	3945
required as restitution from payments to the offender.	3946

(ii) In any case in which a sentencing court is required to	3947
order restitution under division (C)(2)(a) of this section and in	3948
which a motion requesting the issuance of a withholding order as	3949
described in division (C)(2)(b)(i) of this section is filed, the	3950
offender may receive a hearing on the motion by delivering a	3951
written request for a hearing to the court prior to the expiration	3952
of thirty days after the offender's receipt of the notice provided	3953
pursuant to division (C)(2)(b)(i) of this section. If a request	3954
for a hearing is made by the offender within the prescribed time,	3955
the court shall schedule a hearing as soon as possible after the	3956
request is made and shall notify the offender, the specified	3957
retirement system, the specified provider under the alternative	3958
retirement plan, or the specified deferred compensation program,	3959
or, if more than one is specified in the motion, the applicable	3960
combination of these, of the date, time, and place of the hearing.	3961
A hearing scheduled under this division shall be limited to a	3962
consideration of whether there is good cause, based on evidence	3963
presented by the offender, for the requested order not to be	3964
issued. If the court determines, based on evidence presented by	3965
the offender, that there is good cause for the order not to be	3966
issued, the court shall deny the motion and shall not issue the	3967
requested order. If the offender does not request a hearing	3968
within the prescribed time or if the court conducts a hearing but	3969
does not determine, based on evidence presented by the offender,	3970
that there is good cause for the order not to be issued, the court	3971
shall order the specified retirement system, the specified	3972
provider under the alternative retirement plan, or the specified	3973
deferred compensation program, or, if more than one is specified	3974
in the motion, the applicable combination of these, to withhold	3975
the amount required as restitution under division (C)(2)(a) of	3976
this section from any payments to be made under a pension,	3977
annuity, or allowance, under a participant account, as defined in	3978
section 148.01 of the Revised Code, under an option in the	3979
alternative retirement plan, or under any other type of benefit,	3980
other than a survivorship benefit, that has been or is in the	3981
future granted to the offender, from any payment of accumulated	3982
employee contributions standing to the offender's credit with that	3983
retirement system, that provider under the alternative retirement	3984
plan, or that deferred compensation program, or, if more than one	3985
is specified in the motion, the applicable combination of these,	3986
and from any payment of any other amounts to be paid to the	3987
offender upon the offender's withdrawal of the offender's	3988
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	3989
or 5505. of the Revised Code, and to continue the withholding for	3990
that purpose, in accordance with the order, out of each payment to	3991
be made on or after the date of issuance of the order, until	3992
further order of the court. Upon receipt of an order issued under	3993
this division, the public employees retirement system, the Ohio	3994
police and fire pension fund, the state teachers retirement	3995
system, the school employees retirement system, the state highway	3996
patrol retirement system, a municipal corporation retirement	3997
system, the provider under the alternative retirement plan, and	3998
the deferred compensation program offered by the Ohio public	3999
employees deferred compensation board, a municipal corporation, or	4000
a government unit, as defined in section 148.06 of the Revised	4001
Code, whichever are applicable, shall withhold the amount required	4002
as restitution, in accordance with the order, from any such	4003
payments and immediately shall forward the amount withheld to the	4004
clerk of the court in which the order was issued for payment to	4005
the entity to which restitution is to be made.	4006

(iii) Service of a notice required by division (C)(2)(b)(i)	4007
or (ii) of this section shall be effected in the same manner as	4008
provided in the Rules of Civil Procedure for the service of	4009
process.	4010

(D) Upon the filing of charges against a person under this	4011
section, the prosecutor, as defined in section 2935.01 of the	4012
Revised Code, who is assigned the case shall send written notice	4013
that charges have been filed against that person to the public	4014
employees retirement system, the Ohio police and fire pension	4015
fund, the state teachers retirement system, the school employees	4016
retirement system, the state highway patrol retirement system, the	4017
provider under an alternative retirement plan, any municipal	4018
corporation retirement system in this state, and the deferred	4019
compensation program offered by the Ohio public employees deferred	4020
compensation board, a municipal corporation, or a government unit,	4021
as defined in section 148.06 of the Revised Code. The written	4022
notice shall specifically identify the person charged.	4023

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	4024
Revised Code:	4025

(A) "Beneficial interest" means any of the following:

4026

(1) The interest of a person as a beneficiary under a trust	4027
in which the trustee holds title to personal or real property;	4028

(2) The interest of a person as a beneficiary under any other	4029
trust arrangement under which any other person holds title to	4030
personal or real property for the benefit of such person;	4031

(3) The interest of a person under any other form of express	4032
fiduciary arrangement under which any other person holds title to	4033
personal or real property for the benefit of such person.	4034

"Beneficial interest" does not include the interest of a	4035
stockholder in a corporation or the interest of a partner in	4036
either a general or limited partnership.	4037

(B) "Costs of investigation and prosecution" and "costs of	4038
investigation and litigation" mean all of the costs incurred by	4039
the state or a county or municipal corporation under sections	4040
2923.31 to 2923.36 of the Revised Code in the prosecution and	4041
investigation of any criminal action or in the litigation and	4042
investigation of any civil action, and includes, but is not	4043
limited to, the costs of resources and personnel.	4044

(C) "Enterprise" includes any individual, sole	4045
proprietorship, partnership, limited partnership, corporation,	4046
trust, union, government agency, or other legal entity, or any	4047
organization, association, or group of persons associated in fact	4048
although not a legal entity. "Enterprise" includes illicit as well	4049
as licit enterprises.	4050

(D) "Innocent person" includes any bona fide purchaser of	4051
property that is allegedly involved in a violation of section	4052
2923.32 of the Revised Code, including any person who establishes	4053
a valid claim to or interest in the property in accordance with	4054
division (E) of section 2981.04 of the Revised Code, and any	4055
victim of an alleged violation of that section or of any	4056
underlying offense involved in an alleged violation of that	4057
section.	4058

(E) "Pattern of corrupt activity" means two or more incidents	4059
of corrupt activity, whether or not there has been a prior	4060
conviction, that are related to the affairs of the same	4061
enterprise, are not isolated, and are not so closely related to	4062
each other and connected in time and place that they constitute a	4063
single event.	4064

At least one of the incidents forming the pattern shall occur	4065
on or after January 1, 1986. Unless any incident was an aggravated	4066
murder or murder, the last of the incidents forming the pattern	4067
shall occur within six years after the commission of any prior	4068
incident forming the pattern, excluding any period of imprisonment	4069
served by any person engaging in the corrupt activity.	4070

For the purposes of the criminal penalties that may be	4071
imposed pursuant to section 2923.32 of the Revised Code, at least	4072
one of the incidents forming the pattern shall constitute a felony	4073
under the laws of this state in existence at the time it was	4074
committed or, if committed in violation of the laws of the United	4075
States or of any other state, shall constitute a felony under the	4076
law of the United States or the other state and would be a	4077
criminal offense under the law of this state if committed in this	4078
state.	4079

(F) "Pecuniary value" means money, a negotiable instrument, a	4080
commercial interest, or anything of value, as defined in section	4081
1.03 of the Revised Code, or any other property or service that	4082
has a value in excess of one hundred dollars.	4083

(G) "Person" means any person, as defined in section 1.59 of	4084
the Revised Code, and any governmental officer, employee, or	4085
entity.	4086

(H) "Personal property" means any personal property, any	4087
interest in personal property, or any right, including, but not	4088
limited to, bank accounts, debts, corporate stocks, patents, or	4089
copyrights. Personal property and any beneficial interest in	4090
personal property are deemed to be located where the trustee of	4091
the property, the personal property, or the instrument evidencing	4092
the right is located.	4093

(I) "Corrupt activity" means engaging in, attempting to	4094
engage in, conspiring to engage in, or soliciting, coercing, or	4095
intimidating another person to engage in any of the following:	4096

(1) Conduct defined as "racketeering activity" under the	4097
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	4098
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	4099

(2) Conduct constituting any of the following:

4100

(a) A violation of section 1315.55, 1322.02, 2903.01,	4101
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	4102
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	4103
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	4104
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	4105
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	4106
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	4107
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	4108
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	4109
section 1707.44; division (A)(1) or (2) of section 2923.20;	4110
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	4111
4719.06; division (C), (D), or (E) of section 4719.07; section	4112
4719.08; or division (A) of section 4719.09 of the Revised Code.	4113

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	4114
3769.19 of the Revised Code as it existed prior to July 1, 1996,	4115
any violation of section 2915.02 of the Revised Code that occurs	4116
on or after July 1, 1996, and that, had it occurred prior to that	4117
date, would have been a violation of section 3769.11 of the	4118
Revised Code as it existed prior to that date, or any violation of	4119
section 2915.05 of the Revised Code that occurs on or after July	4120
1, 1996, and that, had it occurred prior to that date, would have	4121
been a violation of section 3769.15, 3769.16, or 3769.19 of the	4122
Revised Code as it existed prior to that date.	4123

(c) Any violation of section 2907.21, 2907.22, 2907.31,	4124
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	4125
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	4126
of the Revised Code, any violation of section 2925.11 of the	4127
Revised Code that is a felony of the first, second, third, or	4128
fourth degree and that occurs on or after July 1, 1996, any	4129
violation of section 2915.02 of the Revised Code that occurred	4130
prior to July 1, 1996, any violation of section 2915.02 of the	4131
Revised Code that occurs on or after July 1, 1996, and that, had	4132
it occurred prior to that date, would not have been a violation of	4133
section 3769.11 of the Revised Code as it existed prior to that	4134
date, any violation of section 2915.06 of the Revised Code as it	4135
existed prior to July 1, 1996, or any violation of division (B) of	4136
section 2915.05 of the Revised Code as it exists on and after July	4137
1, 1996, when the proceeds of the violation, the payments made in	4138
the violation, the amount of a claim for payment or for any other	4139
benefit that is false or deceptive and that is involved in the	4140
violation, or the value of the contraband or other property	4141
illegally possessed, sold, or purchased in the violation exceeds	4142
~~five hundred~~one thousand dollars, or any combination of	4143
violations described in division (I)(2)(c) of this section when	4144
the total proceeds of the combination of violations, payments made	4145
in the combination of violations, amount of the claims for payment	4146
or for other benefits that is false or deceptive and that is	4147
involved in the combination of violations, or value of the	4148
contraband or other property illegally possessed, sold, or	4149
purchased in the combination of violations exceeds ~~five hundred~~	4150
one thousand dollars;	4151

(d) Any violation of section 5743.112 of the Revised Code	4152
when the amount of unpaid tax exceeds one hundred dollars;	4153

(e) Any violation or combination of violations of section	4154
2907.32 of the Revised Code involving any material or performance	4155
containing a display of bestiality or of sexual conduct, as	4156
defined in section 2907.01 of the Revised Code, that is explicit	4157
and depicted with clearly visible penetration of the genitals or	4158
clearly visible penetration by the penis of any orifice when the	4159
total proceeds of the violation or combination of violations, the	4160
payments made in the violation or combination of violations, or	4161
the value of the contraband or other property illegally possessed,	4162
sold, or purchased in the violation or combination of violations	4163
exceeds ~~five hundred~~one thousand dollars;	4164

(f) Any combination of violations described in division	4165
(I)(2)(c) of this section and violations of section 2907.32 of the	4166
Revised Code involving any material or performance containing a	4167
display of bestiality or of sexual conduct, as defined in section	4168
2907.01 of the Revised Code, that is explicit and depicted with	4169
clearly visible penetration of the genitals or clearly visible	4170
penetration by the penis of any orifice when the total proceeds of	4171
the combination of violations, payments made in the combination of	4172
violations, amount of the claims for payment or for other benefits	4173
that is false or deceptive and that is involved in the combination	4174
of violations, or value of the contraband or other property	4175
illegally possessed, sold, or purchased in the combination of	4176
violations exceeds ~~five hundred~~one thousand dollars.	4177

(3) Conduct constituting a violation of any law of any state	4178
other than this state that is substantially similar to the conduct	4179
described in division (I)(2) of this section, provided the	4180
defendant was convicted of the conduct in a criminal proceeding in	4181
the other state;	4182

(4) Animal or ecological terrorism;

4183

(5)(a) Conduct constituting any of the following:

4184

(i) Organized retail theft;

4185

(ii) Conduct that constitutes one or more violations of any	4186
law of any state other than this state, that is substantially	4187
similar to organized retail theft, and that if committed in this	4188
state would be organized retail theft, if the defendant was	4189
convicted of or pleaded guilty to the conduct in a criminal	4190
proceeding in the other state.	4191

(b) By enacting division (I)(5)(a) of this section, it is the	4192
intent of the general assembly to add organized retail theft and	4193
the conduct described in division (I)(5)(a)(ii) of this section as	4194
conduct constituting corrupt activity. The enactment of division	4195
(I)(5)(a) of this section and the addition by division (I)(5)(a)	4196
of this section of organized retail theft and the conduct	4197
described in division (I)(5)(a)(ii) of this section as conduct	4198
constituting corrupt activity does not limit or preclude, and	4199
shall not be construed as limiting or precluding, any prosecution	4200
for a violation of section 2923.32 of the Revised Code that is	4201
based on one or more violations of section 2913.02 or 2913.51 of	4202
the Revised Code, one or more similar offenses under the laws of	4203
this state or any other state, or any combination of any of those	4204
violations or similar offenses, even though the conduct	4205
constituting the basis for those violations or offenses could be	4206
construed as also constituting organized retail theft or conduct	4207
of the type described in division (I)(5)(a)(ii) of this section.	4208

(J) "Real property" means any real property or any interest	4209
in real property, including, but not limited to, any lease of, or	4210
mortgage upon, real property. Real property and any beneficial	4211
interest in it is deemed to be located where the real property is	4212
located.	4213

(K) "Trustee" means any of the following:

4214

(1) Any person acting as trustee under a trust in which the	4215
trustee holds title to personal or real property;	4216

(2) Any person who holds title to personal or real property	4217
for which any other person has a beneficial interest;	4218

(3) Any successor trustee.

4219

"Trustee" does not include an assignee or trustee for an	4220
insolvent debtor or an executor, administrator, administrator with	4221
the will annexed, testamentary trustee, guardian, or committee,	4222
appointed by, under the control of, or accountable to a court.	4223

(L) "Unlawful debt" means any money or other thing of value	4224
constituting principal or interest of a debt that is legally	4225
unenforceable in this state in whole or in part because the debt	4226
was incurred or contracted in violation of any federal or state	4227
law relating to the business of gambling activity or relating to	4228
the business of lending money at an usurious rate unless the	4229
creditor proves, by a preponderance of the evidence, that the	4230
usurious rate was not intentionally set and that it resulted from	4231
a good faith error by the creditor, notwithstanding the	4232
maintenance of procedures that were adopted by the creditor to	4233
avoid an error of that nature.	4234

(M) "Animal activity" means any activity that involves the	4235
use of animals or animal parts, including, but not limited to,	4236
hunting, fishing, trapping, traveling, camping, the production,	4237
preparation, or processing of food or food products, clothing or	4238
garment manufacturing, medical research, other research,	4239
entertainment, recreation, agriculture, biotechnology, or service	4240
activity that involves the use of animals or animal parts.	4241

(N) "Animal facility" means a vehicle, building, structure,	4242
nature preserve, or other premises in which an animal is lawfully	4243
kept, handled, housed, exhibited, bred, or offered for sale,	4244
including, but not limited to, a zoo, rodeo, circus, amusement	4245
park, hunting preserve, or premises in which a horse or dog event	4246
is held.	4247

(O) "Animal or ecological terrorism" means the commission of	4248
any felony that involves causing or creating a substantial risk of	4249
physical harm to any property of another, the use of a deadly	4250
weapon or dangerous ordnance, or purposely, knowingly, or	4251
recklessly causing serious physical harm to property and that	4252
involves an intent to obstruct, impede, or deter any person from	4253
participating in a lawful animal activity, from mining, foresting,	4254
harvesting, gathering, or processing natural resources, or from	4255
being lawfully present in or on an animal facility or research	4256
facility.	4257

(P) "Research facility" means a place, laboratory,	4258
institution, medical care facility, government facility, or public	4259
or private educational institution in which a scientific test,	4260
experiment, or investigation involving the use of animals or other	4261
living organisms is lawfully carried out, conducted, or attempted.	4262

(Q) "Organized retail theft" means the theft of retail	4263
property with a retail value of ~~five hundred~~one thousand dollars	4264
or more from one or more retail establishments with the intent to	4265
sell, deliver, or transfer that property to a retail property	4266
fence.	4267

(R) "Retail property" means any tangible personal property	4268
displayed, held, stored, or offered for sale in or by a retail	4269
establishment.	4270

(S) "Retail property fence" means a person who possesses,	4271
procures, receives, or conceals retail property that was	4272
represented to the person as being stolen or that the person knows	4273
or believes to be stolen.	4274

(T) "Retail value" means the full retail value of the retail	4275
property. In determining whether the retail value of retail	4276
property equals or exceeds ~~five hundred~~one thousand dollars, the	4277
value of all retail property stolen from the retail establishment	4278
or retail establishments by the same person or persons within any	4279
one-hundred-eighty-day period shall be aggregated.	4280

Sec. 2925.01. As used in this chapter:

4281

(A) "Administer," "controlled substance," "dispense,"	4282
"distribute," "hypodermic," "manufacturer," "official written	4283
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	4284
"schedule II," "schedule III," "schedule IV," "schedule V," and	4285
"wholesaler" have the same meanings as in section 3719.01 of the	4286
Revised Code.	4287

(B) "Drug dependent person" and "drug of abuse" have the same	4288
meanings as in section 3719.011 of the Revised Code.	4289

(C) "Drug," "dangerous drug," "licensed health professional	4290
authorized to prescribe drugs," and "prescription" have the same	4291
meanings as in section 4729.01 of the Revised Code.	4292

(D) "Bulk amount" of a controlled substance means any of the	4293
following:	4294

(1) For any compound, mixture, preparation, or substance	4295
included in schedule I, schedule II, or schedule III, with the	4296
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	4297
except as provided in division (D)(2) or (5) of this section,	4298
whichever of the following is applicable:	4299

(a) An amount equal to or exceeding ten grams or twenty-five	4300
unit doses of a compound, mixture, preparation, or substance that	4301
is or contains any amount of a schedule I opiate or opium	4302
derivative;	4303

(b) An amount equal to or exceeding ten grams of a compound,	4304
mixture, preparation, or substance that is or contains any amount	4305
of raw or gum opium;	4306

(c) An amount equal to or exceeding thirty grams or ten unit	4307
doses of a compound, mixture, preparation, or substance that is or	4308
contains any amount of a schedule I hallucinogen other than	4309
tetrahydrocannabinol or lysergic acid amide, or a schedule I	4310
stimulant or depressant;	4311

(d) An amount equal to or exceeding twenty grams or five	4312
times the maximum daily dose in the usual dose range specified in	4313
a standard pharmaceutical reference manual of a compound, mixture,	4314
preparation, or substance that is or contains any amount of a	4315
schedule II opiate or opium derivative;	4316

(e) An amount equal to or exceeding five grams or ten unit	4317
doses of a compound, mixture, preparation, or substance that is or	4318
contains any amount of phencyclidine;	4319

(f) An amount equal to or exceeding one hundred twenty grams	4320
or thirty times the maximum daily dose in the usual dose range	4321
specified in a standard pharmaceutical reference manual of a	4322
compound, mixture, preparation, or substance that is or contains	4323
any amount of a schedule II stimulant that is in a final dosage	4324
form manufactured by a person authorized by the "Federal Food,	4325
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	4326
amended, and the federal drug abuse control laws, as defined in	4327
section 3719.01 of the Revised Code, that is or contains any	4328
amount of a schedule II depressant substance or a schedule II	4329
hallucinogenic substance;	4330

(g) An amount equal to or exceeding three grams of a	4331
compound, mixture, preparation, or substance that is or contains	4332
any amount of a schedule II stimulant, or any of its salts or	4333
isomers, that is not in a final dosage form manufactured by a	4334
person authorized by the Federal Food, Drug, and Cosmetic Act and	4335
the federal drug abuse control laws.	4336

(2) An amount equal to or exceeding one hundred twenty grams	4337
or thirty times the maximum daily dose in the usual dose range	4338
specified in a standard pharmaceutical reference manual of a	4339
compound, mixture, preparation, or substance that is or contains	4340
any amount of a schedule III or IV substance other than an	4341
anabolic steroid or a schedule III opiate or opium derivative;	4342

(3) An amount equal to or exceeding twenty grams or five	4343
times the maximum daily dose in the usual dose range specified in	4344
a standard pharmaceutical reference manual of a compound, mixture,	4345
preparation, or substance that is or contains any amount of a	4346
schedule III opiate or opium derivative;	4347

(4) An amount equal to or exceeding two hundred fifty	4348
milliliters or two hundred fifty grams of a compound, mixture,	4349
preparation, or substance that is or contains any amount of a	4350
schedule V substance;	4351

(5) An amount equal to or exceeding two hundred solid dosage	4352
units, sixteen grams, or sixteen milliliters of a compound,	4353
mixture, preparation, or substance that is or contains any amount	4354
of a schedule III anabolic steroid.	4355

(E) "Unit dose" means an amount or unit of a compound,	4356
mixture, or preparation containing a controlled substance that is	4357
separately identifiable and in a form that indicates that it is	4358
the amount or unit by which the controlled substance is separately	4359
administered to or taken by an individual.	4360

(F) "Cultivate" includes planting, watering, fertilizing, or	4361
tilling.	4362

(G) "Drug abuse offense" means any of the following:

4363

(1) A violation of division (A) of section 2913.02 that	4364
constitutes theft of drugs, or a violation of section 2925.02,	4365
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	4366
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	4367
2925.37 of the Revised Code;	4368

(2) A violation of an existing or former law of this or any	4369
other state or of the United States that is substantially	4370
equivalent to any section listed in division (G)(1) of this	4371
section;	4372

(3) An offense under an existing or former law of this or any	4373
other state, or of the United States, of which planting,	4374
cultivating, harvesting, processing, making, manufacturing,	4375
producing, shipping, transporting, delivering, acquiring,	4376
possessing, storing, distributing, dispensing, selling, inducing	4377
another to use, administering to another, using, or otherwise	4378
dealing with a controlled substance is an element;	4379

(4) A conspiracy to commit, attempt to commit, or complicity	4380
in committing or attempting to commit any offense under division	4381
(G)(1), (2), or (3) of this section.	4382

(H) "Felony drug abuse offense" means any drug abuse offense	4383
that would constitute a felony under the laws of this state, any	4384
other state, or the United States.	4385

(I) "Harmful intoxicant" does not include beer or	4386
intoxicating liquor but means any of the following:	4387

(1) Any compound, mixture, preparation, or substance the gas,	4388
fumes, or vapor of which when inhaled can induce intoxication,	4389
excitement, giddiness, irrational behavior, depression,	4390
stupefaction, paralysis, unconsciousness, asphyxiation, or other	4391
harmful physiological effects, and includes, but is not limited	4392
to, any of the following:	4393

(a) Any volatile organic solvent, plastic cement, model	4394
cement, fingernail polish remover, lacquer thinner, cleaning	4395
fluid, gasoline, or other preparation containing a volatile	4396
organic solvent;	4397

(b) Any aerosol propellant;

4398

4399

(d) Any anesthetic gas.

4400

(2) Gamma Butyrolactone;

4401

(3) 1,4 Butanediol.

4402

(J) "Manufacture" means to plant, cultivate, harvest,	4403
process, make, prepare, or otherwise engage in any part of the	4404
production of a drug, by propagation, extraction, chemical	4405
synthesis, or compounding, or any combination of the same, and	4406
includes packaging, repackaging, labeling, and other activities	4407
incident to production.	4408

(K) "Possess" or "possession" means having control over a	4409
thing or substance, but may not be inferred solely from mere	4410
access to the thing or substance through ownership or occupation	4411
of the premises upon which the thing or substance is found.	4412

(L) "Sample drug" means a drug or pharmaceutical preparation	4413
that would be hazardous to health or safety if used without the	4414
supervision of a licensed health professional authorized to	4415
prescribe drugs, or a drug of abuse, and that, at one time, had	4416
been placed in a container plainly marked as a sample by a	4417
manufacturer.	4418

(M) "Standard pharmaceutical reference manual" means the	4419
current edition, with cumulative changes if any, of any of the	4420
following reference works:	4421

(1) "The National Formulary";

4422

(2) "The United States Pharmacopeia," prepared by authority	4423
of the United States Pharmacopeial Convention, Inc.;	4424

(3) Other standard references that are approved by the state	4425
board of pharmacy.	4426

(N) "Juvenile" means a person under eighteen years of age.

4427

(O) "Counterfeit controlled substance" means any of the	4428
following:	4429

(1) Any drug that bears, or whose container or label bears, a	4430
trademark, trade name, or other identifying mark used without	4431
authorization of the owner of rights to that trademark, trade	4432
name, or identifying mark;	4433

(2) Any unmarked or unlabeled substance that is represented	4434
to be a controlled substance manufactured, processed, packed, or	4435
distributed by a person other than the person that manufactured,	4436
processed, packed, or distributed it;	4437

(3) Any substance that is represented to be a controlled	4438
substance but is not a controlled substance or is a different	4439
controlled substance;	4440

(4) Any substance other than a controlled substance that a	4441
reasonable person would believe to be a controlled substance	4442
because of its similarity in shape, size, and color, or its	4443
markings, labeling, packaging, distribution, or the price for	4444
which it is sold or offered for sale.	4445

(P) An offense is "committed in the vicinity of a school" if	4446
the offender commits the offense on school premises, in a school	4447
building, or within one thousand feet of the boundaries of any	4448
school premises, regardless of whether the offender knows the	4449
offense is being committed on school premises, in a school	4450
building, or within one thousand feet of the boundaries of any	4451
school premises.	4452

(Q) "School" means any school operated by a board of	4453
education, any community school established under Chapter 3314. of	4454
the Revised Code, or any nonpublic school for which the state	4455
board of education prescribes minimum standards under section	4456
3301.07 of the Revised Code, whether or not any instruction,	4457
extracurricular activities, or training provided by the school is	4458
being conducted at the time a criminal offense is committed.	4459

(R) "School premises" means either of the following:

4460

(1) The parcel of real property on which any school is	4461
situated, whether or not any instruction, extracurricular	4462
activities, or training provided by the school is being conducted	4463
on the premises at the time a criminal offense is committed;	4464

(2) Any other parcel of real property that is owned or leased	4465
by a board of education of a school, the governing authority of a	4466
community school established under Chapter 3314. of the Revised	4467
Code, or the governing body of a nonpublic school for which the	4468
state board of education prescribes minimum standards under	4469
section 3301.07 of the Revised Code and on which some of the	4470
instruction, extracurricular activities, or training of the school	4471
is conducted, whether or not any instruction, extracurricular	4472
activities, or training provided by the school is being conducted	4473
on the parcel of real property at the time a criminal offense is	4474
committed.	4475

(S) "School building" means any building in which any of the	4476
instruction, extracurricular activities, or training provided by a	4477
school is conducted, whether or not any instruction,	4478
extracurricular activities, or training provided by the school is	4479
being conducted in the school building at the time a criminal	4480
offense is committed.	4481

(T) "Disciplinary counsel" means the disciplinary counsel	4482
appointed by the board of commissioners on grievances and	4483
discipline of the supreme court under the Rules for the Government	4484
of the Bar of Ohio.	4485

(U) "Certified grievance committee" means a duly constituted	4486
and organized committee of the Ohio state bar association or of	4487
one or more local bar associations of the state of Ohio that	4488
complies with the criteria set forth in Rule V, section 6 of the	4489
Rules for the Government of the Bar of Ohio.	4490

(V) "Professional license" means any license, permit,	4491
certificate, registration, qualification, admission, temporary	4492
license, temporary permit, temporary certificate, or temporary	4493
registration that is described in divisions (W)(1) to (36) of this	4494
section and that qualifies a person as a professionally licensed	4495
person.	4496

(W) "Professionally licensed person" means any of the	4497
following:	4498

(1) A person who has obtained a license as a manufacturer of	4499
controlled substances or a wholesaler of controlled substances	4500
under Chapter 3719. of the Revised Code;	4501

(2) A person who has received a certificate or temporary	4502
certificate as a certified public accountant or who has registered	4503
as a public accountant under Chapter 4701. of the Revised Code and	4504
who holds an Ohio permit issued under that chapter;	4505

(3) A person who holds a certificate of qualification to	4506
practice architecture issued or renewed and registered under	4507
Chapter 4703. of the Revised Code;	4508

(4) A person who is registered as a landscape architect under	4509
Chapter 4703. of the Revised Code or who holds a permit as a	4510
landscape architect issued under that chapter;	4511

(5) A person licensed under Chapter 4707. of the Revised	4512
Code;	4513

(6) A person who has been issued a certificate of	4514
registration as a registered barber under Chapter 4709. of the	4515
Revised Code;	4516

(7) A person licensed and regulated to engage in the business	4517
of a debt pooling company by a legislative authority, under	4518
authority of Chapter 4710. of the Revised Code;	4519

(8) A person who has been issued a cosmetologist's license,	4520
hair designer's license, manicurist's license, esthetician's	4521
license, natural hair stylist's license, managing cosmetologist's	4522
license, managing hair designer's license, managing manicurist's	4523
license, managing esthetician's license, managing natural hair	4524
stylist's license, cosmetology instructor's license, hair design	4525
instructor's license, manicurist instructor's license, esthetics	4526
instructor's license, natural hair style instructor's license,	4527
independent contractor's license, or tanning facility permit under	4528
Chapter 4713. of the Revised Code;	4529

(9) A person who has been issued a license to practice	4530
dentistry, a general anesthesia permit, a conscious intravenous	4531
sedation permit, a limited resident's license, a limited teaching	4532
license, a dental hygienist's license, or a dental hygienist's	4533
teacher's certificate under Chapter 4715. of the Revised Code;	4534

(10) A person who has been issued an embalmer's license, a	4535
funeral director's license, a funeral home license, or a crematory	4536
license, or who has been registered for an embalmer's or funeral	4537
director's apprenticeship under Chapter 4717. of the Revised Code;	4538

(11) A person who has been licensed as a registered nurse or	4539
practical nurse, or who has been issued a certificate for the	4540
practice of nurse-midwifery under Chapter 4723. of the Revised	4541
Code;	4542

(12) A person who has been licensed to practice optometry or	4543
to engage in optical dispensing under Chapter 4725. of the Revised	4544
Code;	4545

(13) A person licensed to act as a pawnbroker under Chapter	4546
4727. of the Revised Code;	4547

(14) A person licensed to act as a precious metals dealer	4548
under Chapter 4728. of the Revised Code;	4549

(15) A person licensed as a pharmacist, a pharmacy intern, a	4550
wholesale distributor of dangerous drugs, or a terminal	4551
distributor of dangerous drugs under Chapter 4729. of the Revised	4552
Code;	4553

(16) A person who is authorized to practice as a physician	4554
assistant under Chapter 4730. of the Revised Code;	4555

(17) A person who has been issued a certificate to practice	4556
medicine and surgery, osteopathic medicine and surgery, a limited	4557
branch of medicine, or podiatry under Chapter 4731. of the Revised	4558
Code;	4559

(18) A person licensed as a psychologist or school	4560
psychologist under Chapter 4732. of the Revised Code;	4561

(19) A person registered to practice the profession of	4562
engineering or surveying under Chapter 4733. of the Revised Code;	4563

(20) A person who has been issued a license to practice	4564
chiropractic under Chapter 4734. of the Revised Code;	4565

(21) A person licensed to act as a real estate broker or real	4566
estate salesperson under Chapter 4735. of the Revised Code;	4567

(22) A person registered as a registered sanitarian under	4568
Chapter 4736. of the Revised Code;	4569

(23) A person licensed to operate or maintain a junkyard	4570
under Chapter 4737. of the Revised Code;	4571

(24) A person who has been issued a motor vehicle salvage	4572
dealer's license under Chapter 4738. of the Revised Code;	4573

(25) A person who has been licensed to act as a steam	4574
engineer under Chapter 4739. of the Revised Code;	4575

(26) A person who has been issued a license or temporary	4576
permit to practice veterinary medicine or any of its branches, or	4577
who is registered as a graduate animal technician under Chapter	4578
4741. of the Revised Code;	4579

(27) A person who has been issued a hearing aid dealer's or	4580
fitter's license or trainee permit under Chapter 4747. of the	4581
Revised Code;	4582

(28) A person who has been issued a class A, class B, or	4583
class C license or who has been registered as an investigator or	4584
security guard employee under Chapter 4749. of the Revised Code;	4585

(29) A person licensed and registered to practice as a	4586
nursing home administrator under Chapter 4751. of the Revised	4587
Code;	4588

(30) A person licensed to practice as a speech-language	4589
pathologist or audiologist under Chapter 4753. of the Revised	4590
Code;	4591

(31) A person issued a license as an occupational therapist	4592
or physical therapist under Chapter 4755. of the Revised Code;	4593

(32) A person who is licensed as a professional clinical	4594
counselor or professional counselor, licensed as a social worker	4595
or independent social worker, or registered as a social work	4596
assistant under Chapter 4757. of the Revised Code;	4597

(33) A person issued a license to practice dietetics under	4598
Chapter 4759. of the Revised Code;	4599

(34) A person who has been issued a license or limited permit	4600
to practice respiratory therapy under Chapter 4761. of the Revised	4601
Code;	4602

(35) A person who has been issued a real estate appraiser	4603
certificate under Chapter 4763. of the Revised Code;	4604

(36) A person who has been admitted to the bar by order of	4605
the supreme court in compliance with its prescribed and published	4606
rules.	4607

(X) "Cocaine" means any of the following:

4608

(1) A cocaine salt, isomer, or derivative, a salt of a	4609
cocaine isomer or derivative, or the base form of cocaine;	4610

(2) Coca leaves or a salt, compound, derivative, or	4611
preparation of coca leaves, including ecgonine, a salt, isomer, or	4612
derivative of ecgonine, or a salt of an isomer or derivative of	4613
ecgonine;	4614

(3) A salt, compound, derivative, or preparation of a	4615
substance identified in division (X)(1) or (2) of this section	4616
that is chemically equivalent to or identical with any of those	4617
substances, except that the substances shall not include	4618
decocainized coca leaves or extraction of coca leaves if the	4619
extractions do not contain cocaine or ecgonine.	4620

(Y) "L.S.D." means lysergic acid diethylamide.

4621

(Z) "Hashish" means the resin or a preparation of the resin	4622
contained in marihuana, whether in solid form or in a liquid	4623
concentrate, liquid extract, or liquid distillate form.	4624

(AA) "Marihuana" has the same meaning as in section 3719.01	4625
of the Revised Code, except that it does not include hashish.	4626

(BB) An offense is "committed in the vicinity of a juvenile"	4627
if the offender commits the offense within one hundred feet of a	4628
juvenile or within the view of a juvenile, regardless of whether	4629
the offender knows the age of the juvenile, whether the offender	4630
knows the offense is being committed within one hundred feet of or	4631
within view of the juvenile, or whether the juvenile actually	4632
views the commission of the offense.	4633

(CC) "Presumption for a prison term" or "presumption that a	4634
prison term shall be imposed" means a presumption, as described in	4635
division (D) of section 2929.13 of the Revised Code, that a prison	4636
term is a necessary sanction for a felony in order to comply with	4637
the purposes and principles of sentencing under section 2929.11 of	4638
the Revised Code.	4639

(DD) "Major drug offender" has the same meaning as in section	4640
2929.01 of the Revised Code.	4641

(EE) "Minor drug possession offense" means either of the	4642
following:	4643

(1) A violation of section 2925.11 of the Revised Code as it	4644
existed prior to July 1, 1996;	4645

(2) A violation of section 2925.11 of the Revised Code as it	4646
exists on and after July 1, 1996, that is a misdemeanor or a	4647
felony of the fifth degree.	4648

(FF) "Mandatory prison term" has the same meaning as in	4649
section 2929.01 of the Revised Code.	4650

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	4651
~~or substance that is or contains any amount of cocaine that is~~	4652
~~analytically identified as the base form of cocaine or that is in~~	4653
~~a form that resembles rocks or pebbles generally intended for~~	4654
~~individual use.~~	4655

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	4656
described in section 3715.63 of the Revised Code.	4657

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	4658
tavern, store, arena, hall, or other place of public	4659
accommodation, business, amusement, or resort.	4660

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	4661
isomer, or salt of an isomer of methamphetamine, or any compound,	4662
mixture, preparation, or substance containing methamphetamine or	4663
any salt, isomer, or salt of an isomer of methamphetamine.	4664

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	4665
issued for a legitimate medical purpose by a licensed health	4666
professional authorized to prescribe drugs, that is not altered or	4667
forged, and that was not obtained by means of deception or by the	4668
commission of any theft offense.	4669

~~(LL)~~(KK) "Deception" and "theft offense" have the same	4670
meanings as in section 2913.01 of the Revised Code.	4671

Sec. 2925.03. (A) No person shall knowingly do any of the	4672
following:	4673

(1) Sell or offer to sell a controlled substance;

4674

(2) Prepare for shipment, ship, transport, deliver, prepare	4675
for distribution, or distribute a controlled substance, when the	4676
offender knows or has reasonable cause to believe that the	4677
controlled substance is intended for sale or resale by the	4678
offender or another person.	4679

(B) This section does not apply to any of the following:

4680

(1) Manufacturers, licensed health professionals authorized	4681
to prescribe drugs, pharmacists, owners of pharmacies, and other	4682
persons whose conduct is in accordance with Chapters 3719., 4715.,	4683
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	4684

(2) If the offense involves an anabolic steroid, any person	4685
who is conducting or participating in a research project involving	4686
the use of an anabolic steroid if the project has been approved by	4687
the United States food and drug administration;	4688

(3) Any person who sells, offers for sale, prescribes,	4689
dispenses, or administers for livestock or other nonhuman species	4690
an anabolic steroid that is expressly intended for administration	4691
through implants to livestock or other nonhuman species and	4692
approved for that purpose under the "Federal Food, Drug, and	4693
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	4694
and is sold, offered for sale, prescribed, dispensed, or	4695
administered for that purpose in accordance with that act.	4696

(C) Whoever violates division (A) of this section is guilty	4697
of one of the following:	4698

(1) If the drug involved in the violation is any compound,	4699
mixture, preparation, or substance included in schedule I or	4700
schedule II, with the exception of marihuana, cocaine, L.S.D.,	4701
heroin, and hashish, whoever violates division (A) of this section	4702
is guilty of aggravated trafficking in drugs. The penalty for the	4703
offense shall be determined as follows:	4704

(a) Except as otherwise provided in division (C)(1)(b), (c),	4705
(d), (e), or (f) of this section, aggravated trafficking in drugs	4706
is a felony of the fourth degree, and division (C) of section	4707
2929.13 of the Revised Code applies in determining whether to	4708
impose a prison term on the offender.	4709

(b) Except as otherwise provided in division (C)(1)(c), (d),	4710
(e), or (f) of this section, if the offense was committed in the	4711
vicinity of a school or in the vicinity of a juvenile, aggravated	4712
trafficking in drugs is a felony of the third degree, and division	4713
(C) of section 2929.13 of the Revised Code applies in determining	4714
whether to impose a prison term on the offender.	4715

(c) Except as otherwise provided in this division, if the	4716
amount of the drug involved equals or exceeds the bulk amount but	4717
is less than five times the bulk amount, aggravated trafficking in	4718
drugs is a felony of the third degree, and the court shall impose	4719
as a mandatory prison term one of the prison terms prescribed for	4720
a felony of the third degree. If the amount of the drug involved	4721
is within that range and if the offense was committed in the	4722
vicinity of a school or in the vicinity of a juvenile, aggravated	4723
trafficking in drugs is a felony of the second degree, and the	4724
court shall impose as a mandatory prison term one of the prison	4725
terms prescribed for a felony of the second degree.	4726

(d) Except as otherwise provided in this division, if the	4727
amount of the drug involved equals or exceeds five times the bulk	4728
amount but is less than fifty times the bulk amount, aggravated	4729
trafficking in drugs is a felony of the second degree, and the	4730
court shall impose as a mandatory prison term one of the prison	4731
terms prescribed for a felony of the second degree. If the amount	4732
of the drug involved is within that range and if the offense was	4733
committed in the vicinity of a school or in the vicinity of a	4734
juvenile, aggravated trafficking in drugs is a felony of the first	4735
degree, and the court shall impose as a mandatory prison term one	4736
of the prison terms prescribed for a felony of the first degree.	4737

(e) If the amount of the drug involved equals or exceeds	4738
fifty times the bulk amount but is less than one hundred times the	4739
bulk amount and regardless of whether the offense was committed in	4740
the vicinity of a school or in the vicinity of a juvenile,	4741
aggravated trafficking in drugs is a felony of the first degree,	4742
and the court shall impose as a mandatory prison term one of the	4743
prison terms prescribed for a felony of the first degree.	4744

(f) If the amount of the drug involved equals or exceeds one	4745
hundred times the bulk amount and regardless of whether the	4746
offense was committed in the vicinity of a school or in the	4747
vicinity of a juvenile, aggravated trafficking in drugs is a	4748
felony of the first degree, the offender is a major drug offender,	4749
and the court shall impose as a mandatory prison term the maximum	4750
prison term prescribed for a felony of the first degree and may	4751
impose an additional prison term prescribed for a major drug	4752
offender under division (D)(3)(b) of section 2929.14 of the	4753
Revised Code.	4754

(2) If the drug involved in the violation is any compound,	4755
mixture, preparation, or substance included in schedule III, IV,	4756
or V, whoever violates division (A) of this section is guilty of	4757
trafficking in drugs. The penalty for the offense shall be	4758
determined as follows:	4759

(a) Except as otherwise provided in division (C)(2)(b), (c),	4760
(d), or (e) of this section, trafficking in drugs is a felony of	4761
the fifth degree, and division (C) of section 2929.13 of the	4762
Revised Code applies in determining whether to impose a prison	4763
term on the offender.	4764

(b) Except as otherwise provided in division (C)(2)(c), (d),	4765
or (e) of this section, if the offense was committed in the	4766
vicinity of a school or in the vicinity of a juvenile, trafficking	4767
in drugs is a felony of the fourth degree, and division (C) of	4768
section 2929.13 of the Revised Code applies in determining whether	4769
to impose a prison term on the offender.	4770

(c) Except as otherwise provided in this division, if the	4771
amount of the drug involved equals or exceeds the bulk amount but	4772
is less than five times the bulk amount, trafficking in drugs is a	4773
felony of the fourth degree, and there is a presumption for a	4774
prison term for the offense. If the amount of the drug involved is	4775
within that range and if the offense was committed in the vicinity	4776
of a school or in the vicinity of a juvenile, trafficking in drugs	4777
is a felony of the third degree, and there is a presumption for a	4778
prison term for the offense.	4779

(d) Except as otherwise provided in this division, if the	4780
amount of the drug involved equals or exceeds five times the bulk	4781
amount but is less than fifty times the bulk amount, trafficking	4782
in drugs is a felony of the third degree, and there is a	4783
presumption for a prison term for the offense. If the amount of	4784
the drug involved is within that range and if the offense was	4785
committed in the vicinity of a school or in the vicinity of a	4786
juvenile, trafficking in drugs is a felony of the second degree,	4787
and there is a presumption for a prison term for the offense.	4788

(e) Except as otherwise provided in this division, if the	4789
amount of the drug involved equals or exceeds fifty times the bulk	4790
amount, trafficking in drugs is a felony of the second degree, and	4791
the court shall impose as a mandatory prison term one of the	4792
prison terms prescribed for a felony of the second degree. If the	4793
amount of the drug involved equals or exceeds fifty times the bulk	4794
amount and if the offense was committed in the vicinity of a	4795
school or in the vicinity of a juvenile, trafficking in drugs is a	4796
felony of the first degree, and the court shall impose as a	4797
mandatory prison term one of the prison terms prescribed for a	4798
felony of the first degree.	4799

(3) If the drug involved in the violation is marihuana or a	4800
compound, mixture, preparation, or substance containing marihuana	4801
other than hashish, whoever violates division (A) of this section	4802
is guilty of trafficking in marihuana. The penalty for the offense	4803
shall be determined as follows:	4804

(a) Except as otherwise provided in division (C)(3)(b), (c),	4805
(d), (e), (f), or (g), or (h) of this section, trafficking in	4806
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	4807
section 2929.13 of the Revised Code applies in determining whether	4808
to impose a prison term on the offender.	4809

(b) Except as otherwise provided in division (C)(3)(c), (d),	4810
(e), (f), or (g), or (h) of this section, if the offense was	4811
committed in the vicinity of a school or in the vicinity of a	4812
juvenile, trafficking in marihuana is a felony of the fourth	4813
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	4814
applies in determining whether to impose a prison term on the	4815
offender.	4816

(c) Except as otherwise provided in this division, if the	4817
amount of the drug involved equals or exceeds two hundred grams	4818
but is less than one thousand grams, trafficking in marihuana is a	4819
felony of the fourth degree, and division ~~(C)~~(B) of section	4820
2929.13 of the Revised Code applies in determining whether to	4821
impose a prison term on the offender. If the amount of the drug	4822
involved is within that range and if the offense was committed in	4823
the vicinity of a school or in the vicinity of a juvenile,	4824
trafficking in marihuana is a felony of the third degree, and	4825
division (C) of section 2929.13 of the Revised Code applies in	4826
determining whether to impose a prison term on the offender.	4827

(d) Except as otherwise provided in this division, if the	4828
amount of the drug involved equals or exceeds one thousand grams	4829
but is less than five thousand grams, trafficking in marihuana is	4830
a felony of the third degree, and division (C) of section 2929.13	4831
of the Revised Code applies in determining whether to impose a	4832
prison term on the offender. If the amount of the drug involved is	4833
within that range and if the offense was committed in the vicinity	4834
of a school or in the vicinity of a juvenile, trafficking in	4835
marihuana is a felony of the second degree, and there is a	4836
presumption that a prison term shall be imposed for the offense.	4837

(e) Except as otherwise provided in this division, if the	4838
amount of the drug involved equals or exceeds five thousand grams	4839
but is less than twenty thousand grams, trafficking in marihuana	4840
is a felony of the third degree, and there is a presumption that a	4841
prison term shall be imposed for the offense. If the amount of the	4842
drug involved is within that range and if the offense was	4843
committed in the vicinity of a school or in the vicinity of a	4844
juvenile, trafficking in marihuana is a felony of the second	4845
degree, and there is a presumption that a prison term shall be	4846
imposed for the offense.	4847

(f) Except as otherwise provided in this division, if the	4848
amount of the drug involved equals or exceeds twenty thousand	4849
grams but is less than forty thousand grams, trafficking in	4850
marihuana is a felony of the second degree, and the court shall	4851
impose a mandatory prison term of five, six, seven, or eight	4852
years. If the amount of the drug involved is within that range and	4853
if the offense was committed in the vicinity of a school or in the	4854
vicinity of a juvenile, trafficking in marihuana is a felony of	4855
the first degree, and the court shall impose as a mandatory prison	4856
term the maximum prison term prescribed for a felony of the first	4857
degree.	4858

(g) Except as otherwise provided in this division, if the	4859
amount of the drug involved equals or exceeds forty thousand	4860
grams, trafficking in marihuana is a felony of the second degree,	4861
and the court shall impose as a mandatory prison term the maximum	4862
prison term prescribed for a felony of the second degree. If the	4863
amount of the drug involved equals or exceeds ~~twenty~~forty	4864
thousand grams and if the offense was committed in the vicinity of	4865
a school or in the vicinity of a juvenile, trafficking in	4866
marihuana is a felony of the first degree, and the court shall	4867
impose as a mandatory prison term the maximum prison term	4868
prescribed for a felony of the first degree.	4869

~~(g)~~(h) Except as otherwise provided in this division, if the	4870
offense involves a gift of twenty grams or less of marihuana,	4871
trafficking in marihuana is a minor misdemeanor upon a first	4872
offense and a misdemeanor of the third degree upon a subsequent	4873
offense. If the offense involves a gift of twenty grams or less of	4874
marihuana and if the offense was committed in the vicinity of a	4875
school or in the vicinity of a juvenile, trafficking in marihuana	4876
is a misdemeanor of the third degree.	4877

(4) If the drug involved in the violation is cocaine or a	4878
compound, mixture, preparation, or substance containing cocaine,	4879
whoever violates division (A) of this section is guilty of	4880
trafficking in cocaine. The penalty for the offense shall be	4881
determined as follows:	4882

(a) Except as otherwise provided in division (C)(4)(b), (c),	4883
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	4884
felony of the fifth degree, and division (C) of section 2929.13 of	4885
the Revised Code applies in determining whether to impose a prison	4886
term on the offender.	4887

(b) Except as otherwise provided in division (C)(4)(c), (d),	4888
(e), (f), or (g) of this section, if the offense was committed in	4889
the vicinity of a school or in the vicinity of a juvenile,	4890
trafficking in cocaine is a felony of the fourth degree, and	4891
division (C) of section 2929.13 of the Revised Code applies in	4892
determining whether to impose a prison term on the offender.	4893

(c) Except as otherwise provided in this division, if the	4894
amount of the drug involved equals or exceeds five grams but is	4895
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	4896
~~or exceeds one gram but is less than five grams of crack cocaine~~,	4897
trafficking in cocaine is a felony of the fourth degree, and there	4898
is a presumption for a prison term for the offense. If the amount	4899
of the drug involved is within ~~one of those ranges~~that range and	4900
if the offense was committed in the vicinity of a school or in the	4901
vicinity of a juvenile, trafficking in cocaine is a felony of the	4902
third degree, and there is a presumption for a prison term for the	4903
offense.	4904

(d) Except as otherwise provided in this division, if the	4905
amount of the drug involved equals or exceeds ten grams but is	4906
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	4907
~~cocaine or equals or exceeds five grams but is less than ten grams~~	4908
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	4909
degree, and the court shall impose as a mandatory prison term one	4910
of the prison terms prescribed for a felony of the third degree.	4911
If the amount of the drug involved is within ~~one of those ranges~~	4912
that range and if the offense was committed in the vicinity of a	4913
school or in the vicinity of a juvenile, trafficking in cocaine is	4914
a felony of the second degree, and the court shall impose as a	4915
mandatory prison term one of the prison terms prescribed for a	4916
felony of the second degree.	4917

(e) Except as otherwise provided in this division, if the	4918
amount of the drug involved equals or exceeds ~~one hundred~~twenty	4919
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	4920
~~that is not crack cocaine or equals or exceeds ten grams but is~~	4921
~~less than twenty-five grams of crack cocaine~~, trafficking in	4922
cocaine is a felony of the second degree, and the court shall	4923
impose as a mandatory prison term one of the prison terms	4924
prescribed for a felony of the second degree. If the amount of the	4925
drug involved is within ~~one of those ranges~~that range and if the	4926
offense was committed in the vicinity of a school or in the	4927
vicinity of a juvenile, trafficking in cocaine is a felony of the	4928
first degree, and the court shall impose as a mandatory prison	4929
term one of the prison terms prescribed for a felony of the first	4930
degree.	4931

(f) If the amount of the drug involved equals or exceeds ~~five~~	4932
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	4933
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	4934
~~twenty-five grams but is less than one hundred grams of crack~~	4935
~~cocaine~~ and regardless of whether the offense was committed in the	4936
vicinity of a school or in the vicinity of a juvenile, trafficking	4937
in cocaine is a felony of the first degree, and the court shall	4938
impose as a mandatory prison term one of the prison terms	4939
prescribed for a felony of the first degree.	4940

(g) If the amount of the drug involved equals or exceeds one	4941
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	4942
~~equals or exceeds one hundred grams of crack cocaine~~ and	4943
regardless of whether the offense was committed in the vicinity of	4944
a school or in the vicinity of a juvenile, trafficking in cocaine	4945
is a felony of the first degree, the offender is a major drug	4946
offender, and the court shall impose as a mandatory prison term	4947
the maximum prison term prescribed for a felony of the first	4948
degree and may impose an additional mandatory prison term	4949
prescribed for a major drug offender under division (D)(3)(b) of	4950
section 2929.14 of the Revised Code.	4951

(5) If the drug involved in the violation is L.S.D. or a	4952
compound, mixture, preparation, or substance containing L.S.D.,	4953
whoever violates division (A) of this section is guilty of	4954
trafficking in L.S.D. The penalty for the offense shall be	4955
determined as follows:	4956

(a) Except as otherwise provided in division (C)(5)(b), (c),	4957
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	4958
felony of the fifth degree, and division (C) of section 2929.13 of	4959
the Revised Code applies in determining whether to impose a prison	4960
term on the offender.	4961

(b) Except as otherwise provided in division (C)(5)(c), (d),	4962
(e), (f), or (g) of this section, if the offense was committed in	4963
the vicinity of a school or in the vicinity of a juvenile,	4964
trafficking in L.S.D. is a felony of the fourth degree, and	4965
division (C) of section 2929.13 of the Revised Code applies in	4966
determining whether to impose a prison term on the offender.	4967

(c) Except as otherwise provided in this division, if the	4968
amount of the drug involved equals or exceeds ten unit doses but	4969
is less than fifty unit doses of L.S.D. in a solid form or equals	4970
or exceeds one gram but is less than five grams of L.S.D. in a	4971
liquid concentrate, liquid extract, or liquid distillate form,	4972
trafficking in L.S.D. is a felony of the fourth degree, and there	4973
is a presumption for a prison term for the offense. If the amount	4974
of the drug involved is within that range and if the offense was	4975
committed in the vicinity of a school or in the vicinity of a	4976
juvenile, trafficking in L.S.D. is a felony of the third degree,	4977
and there is a presumption for a prison term for the offense.	4978

(d) Except as otherwise provided in this division, if the	4979
amount of the drug involved equals or exceeds fifty unit doses but	4980
is less than two hundred fifty unit doses of L.S.D. in a solid	4981
form or equals or exceeds five grams but is less than twenty-five	4982
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	4983
distillate form, trafficking in L.S.D. is a felony of the third	4984
degree, and the court shall impose as a mandatory prison term one	4985
of the prison terms prescribed for a felony of the third degree.	4986
If the amount of the drug involved is within that range and if the	4987
offense was committed in the vicinity of a school or in the	4988
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	4989
second degree, and the court shall impose as a mandatory prison	4990
term one of the prison terms prescribed for a felony of the second	4991
degree.	4992

(e) Except as otherwise provided in this division, if the	4993
amount of the drug involved equals or exceeds two hundred fifty	4994
unit doses but is less than one thousand unit doses of L.S.D. in a	4995
solid form or equals or exceeds twenty-five grams but is less than	4996
one hundred grams of L.S.D. in a liquid concentrate, liquid	4997
extract, or liquid distillate form, trafficking in L.S.D. is a	4998
felony of the second degree, and the court shall impose as a	4999
mandatory prison term one of the prison terms prescribed for a	5000
felony of the second degree. If the amount of the drug involved is	5001
within that range and if the offense was committed in the vicinity	5002
of a school or in the vicinity of a juvenile, trafficking in	5003
L.S.D. is a felony of the first degree, and the court shall impose	5004
as a mandatory prison term one of the prison terms prescribed for	5005
a felony of the first degree.	5006

(f) If the amount of the drug involved equals or exceeds one	5007
thousand unit doses but is less than five thousand unit doses of	5008
L.S.D. in a solid form or equals or exceeds one hundred grams but	5009
is less than five hundred grams of L.S.D. in a liquid concentrate,	5010
liquid extract, or liquid distillate form and regardless of	5011
whether the offense was committed in the vicinity of a school or	5012
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	5013
of the first degree, and the court shall impose as a mandatory	5014
prison term one of the prison terms prescribed for a felony of the	5015
first degree.	5016

(g) If the amount of the drug involved equals or exceeds five	5017
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5018
five hundred grams of L.S.D. in a liquid concentrate, liquid	5019
extract, or liquid distillate form and regardless of whether the	5020
offense was committed in the vicinity of a school or in the	5021
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	5022
first degree, the offender is a major drug offender, and the court	5023
shall impose as a mandatory prison term the maximum prison term	5024
prescribed for a felony of the first degree and may impose an	5025
additional mandatory prison term prescribed for a major drug	5026
offender under division (D)(3)(b) of section 2929.14 of the	5027
Revised Code.	5028

(6) If the drug involved in the violation is heroin or a	5029
compound, mixture, preparation, or substance containing heroin,	5030
whoever violates division (A) of this section is guilty of	5031
trafficking in heroin. The penalty for the offense shall be	5032
determined as follows:	5033

(a) Except as otherwise provided in division (C)(6)(b), (c),	5034
(d), (e), (f), or (g) of this section, trafficking in heroin is a	5035
felony of the fifth degree, and division (C) of section 2929.13 of	5036
the Revised Code applies in determining whether to impose a prison	5037
term on the offender.	5038

(b) Except as otherwise provided in division (C)(6)(c), (d),	5039
(e), (f), or (g) of this section, if the offense was committed in	5040
the vicinity of a school or in the vicinity of a juvenile,	5041
trafficking in heroin is a felony of the fourth degree, and	5042
division (C) of section 2929.13 of the Revised Code applies in	5043
determining whether to impose a prison term on the offender.	5044

(c) Except as otherwise provided in this division, if the	5045
amount of the drug involved equals or exceeds ten unit doses but	5046
is less than fifty unit doses or equals or exceeds one gram but is	5047
less than five grams, trafficking in heroin is a felony of the	5048
fourth degree, and there is a presumption for a prison term for	5049
the offense. If the amount of the drug involved is within that	5050
range and if the offense was committed in the vicinity of a school	5051
or in the vicinity of a juvenile, trafficking in heroin is a	5052
felony of the third degree, and there is a presumption for a	5053
prison term for the offense.	5054

(d) Except as otherwise provided in this division, if the	5055
amount of the drug involved equals or exceeds fifty unit doses but	5056
is less than one hundred unit doses or equals or exceeds five	5057
grams but is less than ten grams, trafficking in heroin is a	5058
felony of the third degree, and there is a presumption for a	5059
prison term for the offense. If the amount of the drug involved is	5060
within that range and if the offense was committed in the vicinity	5061
of a school or in the vicinity of a juvenile, trafficking in	5062
heroin is a felony of the second degree, and there is a	5063
presumption for a prison term for the offense.	5064

(e) Except as otherwise provided in this division, if the	5065
amount of the drug involved equals or exceeds one hundred unit	5066
doses but is less than five hundred unit doses or equals or	5067
exceeds ten grams but is less than fifty grams, trafficking in	5068
heroin is a felony of the second degree, and the court shall	5069
impose as a mandatory prison term one of the prison terms	5070
prescribed for a felony of the second degree. If the amount of the	5071
drug involved is within that range and if the offense was	5072
committed in the vicinity of a school or in the vicinity of a	5073
juvenile, trafficking in heroin is a felony of the first degree,	5074
and the court shall impose as a mandatory prison term one of the	5075
prison terms prescribed for a felony of the first degree.	5076

(f) If the amount of the drug involved equals or exceeds five	5077
hundred unit doses but is less than two thousand five hundred unit	5078
doses or equals or exceeds fifty grams but is less than two	5079
hundred fifty grams and regardless of whether the offense was	5080
committed in the vicinity of a school or in the vicinity of a	5081
juvenile, trafficking in heroin is a felony of the first degree,	5082
and the court shall impose as a mandatory prison term one of the	5083
prison terms prescribed for a felony of the first degree.	5084

(g) If the amount of the drug involved equals or exceeds two	5085
thousand five hundred unit doses or equals or exceeds two hundred	5086
fifty grams and regardless of whether the offense was committed in	5087
the vicinity of a school or in the vicinity of a juvenile,	5088
trafficking in heroin is a felony of the first degree, the	5089
offender is a major drug offender, and the court shall impose as a	5090
mandatory prison term the maximum prison term prescribed for a	5091
felony of the first degree and may impose an additional mandatory	5092
prison term prescribed for a major drug offender under division	5093
(D)(3)(b) of section 2929.14 of the Revised Code.	5094

(7) If the drug involved in the violation is hashish or a	5095
compound, mixture, preparation, or substance containing hashish,	5096
whoever violates division (A) of this section is guilty of	5097
trafficking in hashish. The penalty for the offense shall be	5098
determined as follows:	5099

(a) Except as otherwise provided in division (C)(7)(b), (c),	5100
(d), (e), or (f), or (g) of this section, trafficking in hashish	5101
is a felony of the fifth degree, and division ~~(C)~~(B) of section	5102
2929.13 of the Revised Code applies in determining whether to	5103
impose a prison term on the offender.	5104

(b) Except as otherwise provided in division (C)(7)(c), (d),	5105
(e), or (f), or (g) of this section, if the offense was committed	5106
in the vicinity of a school or in the vicinity of a juvenile,	5107
trafficking in hashish is a felony of the fourth degree, and	5108
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5109
determining whether to impose a prison term on the offender.	5110

(c) Except as otherwise provided in this division, if the	5111
amount of the drug involved equals or exceeds ten grams but is	5112
less than fifty grams of hashish in a solid form or equals or	5113
exceeds two grams but is less than ten grams of hashish in a	5114
liquid concentrate, liquid extract, or liquid distillate form,	5115
trafficking in hashish is a felony of the fourth degree, and	5116
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	5117
determining whether to impose a prison term on the offender. If	5118
the amount of the drug involved is within that range and if the	5119
offense was committed in the vicinity of a school or in the	5120
vicinity of a juvenile, trafficking in hashish is a felony of the	5121
third degree, and division (C) of section 2929.13 of the Revised	5122
Code applies in determining whether to impose a prison term on the	5123
offender.	5124

(d) Except as otherwise provided in this division, if the	5125
amount of the drug involved equals or exceeds fifty grams but is	5126
less than two hundred fifty grams of hashish in a solid form or	5127
equals or exceeds ten grams but is less than fifty grams of	5128
hashish in a liquid concentrate, liquid extract, or liquid	5129
distillate form, trafficking in hashish is a felony of the third	5130
degree, and division (C) of section 2929.13 of the Revised Code	5131
applies in determining whether to impose a prison term on the	5132
offender. If the amount of the drug involved is within that range	5133
and if the offense was committed in the vicinity of a school or in	5134
the vicinity of a juvenile, trafficking in hashish is a felony of	5135
the second degree, and there is a presumption that a prison term	5136
shall be imposed for the offense.	5137

(e) Except as otherwise provided in this division, if the	5138
amount of the drug involved equals or exceeds two hundred fifty	5139
grams but is less than one thousand grams of hashish in a solid	5140
form or equals or exceeds fifty grams but is less than two hundred	5141
grams of hashish in a liquid concentrate, liquid extract, or	5142
liquid distillate form, trafficking in hashish is a felony of the	5143
third degree, and there is a presumption that a prison term shall	5144
be imposed for the offense. If the amount of the drug involved is	5145
within that range and if the offense was committed in the vicinity	5146
of a school or in the vicinity of a juvenile, trafficking in	5147
hashish is a felony of the second degree, and there is a	5148
presumption that a prison term shall be imposed for the offense.	5149

(f) Except as otherwise provided in this division, if the	5150
amount of the drug involved equals or exceeds one thousand grams	5151
but is less than two thousand grams of hashish in a solid form or	5152
equals or exceeds two hundred grams but is less than four hundred	5153
grams of hashish in a liquid concentrate, liquid extract, or	5154
liquid distillate form trafficking in hashish is a felony of the	5155
second degree, and the court shall impose a mandatory prison term	5156
of five, six, seven, or eight years. If the amount of the drug	5157
involved is within that range and if the offense was committed in	5158
the vicinity of a school or in the vicinity of a juvenile,	5159
trafficking in hashish is a felony of the first degree, and the	5160
court shall impose as a mandatory prison term the maximum prison	5161
term prescribed for a felony of the first degree.	5162

(g) Except as otherwise provided in this division, if the	5163
amount of the drug involved equals or exceeds two thousand grams	5164
of hashish in a solid form or equals or exceeds four hundred grams	5165
of hashish in a liquid concentrate, liquid extract, or liquid	5166
distillate form, trafficking in hashish is a felony of the second	5167
degree, and the court shall impose as a mandatory prison term the	5168
maximum prison term prescribed for a felony of the second degree.	5169
If the amount of the drug involved ~~is within that range~~equals or	5170
exceeds two thousand grams of hashish in a solid form or equals or	5171
exceeds four hundred grams of hashish in a liquid concentrate,	5172
liquid extract, or liquid distillate form and if the offense was	5173
committed in the vicinity of a school or in the vicinity of a	5174
juvenile, trafficking in hashish is a felony of the first degree,	5175
and the court shall impose as a mandatory prison term the maximum	5176
prison term prescribed for a felony of the first degree.	5177

(D) In addition to any prison term authorized or required by	5178
division (C) of this section and sections 2929.13 and 2929.14 of	5179
the Revised Code, and in addition to any other sanction imposed	5180
for the offense under this section or sections 2929.11 to 2929.18	5181
of the Revised Code, the court that sentences an offender who is	5182
convicted of or pleads guilty to a violation of division (A) of	5183
this section shall do all of the following that are applicable	5184
regarding the offender:	5185

(1) If the violation of division (A) of this section is a	5186
felony of the first, second, or third degree, the court shall	5187
impose upon the offender the mandatory fine specified for the	5188
offense under division (B)(1) of section 2929.18 of the Revised	5189
Code unless, as specified in that division, the court determines	5190
that the offender is indigent. Except as otherwise provided in	5191
division (H)(1) of this section, a mandatory fine or any other	5192
fine imposed for a violation of this section is subject to	5193
division (F) of this section. If a person is charged with a	5194
violation of this section that is a felony of the first, second,	5195
or third degree, posts bail, and forfeits the bail, the clerk of	5196
the court shall pay the forfeited bail pursuant to divisions	5197
(D)(1) and (F) of this section, as if the forfeited bail was a	5198
fine imposed for a violation of this section. If any amount of the	5199
forfeited bail remains after that payment and if a fine is imposed	5200
under division (H)(1) of this section, the clerk of the court	5201
shall pay the remaining amount of the forfeited bail pursuant to	5202
divisions (H)(2) and (3) of this section, as if that remaining	5203
amount was a fine imposed under division (H)(1) of this section.	5204

(2) The court shall suspend the driver's or commercial	5205
driver's license or permit of the offender in accordance with	5206
division (G) of this section.	5207

(3) If the offender is a professionally licensed person, the	5208
court immediately shall comply with section 2925.38 of the Revised	5209
Code.	5210

(E) When a person is charged with the sale of or offer to	5211
sell a bulk amount or a multiple of a bulk amount of a controlled	5212
substance, the jury, or the court trying the accused, shall	5213
determine the amount of the controlled substance involved at the	5214
time of the offense and, if a guilty verdict is returned, shall	5215
return the findings as part of the verdict. In any such case, it	5216
is unnecessary to find and return the exact amount of the	5217
controlled substance involved, and it is sufficient if the finding	5218
and return is to the effect that the amount of the controlled	5219
substance involved is the requisite amount, or that the amount of	5220
the controlled substance involved is less than the requisite	5221
amount.	5222

(F)(1) Notwithstanding any contrary provision of section	5223
3719.21 of the Revised Code and except as provided in division (H)	5224
of this section, the clerk of the court shall pay any mandatory	5225
fine imposed pursuant to division (D)(1) of this section and any	5226
fine other than a mandatory fine that is imposed for a violation	5227
of this section pursuant to division (A) or (B)(5) of section	5228
2929.18 of the Revised Code to the county, township, municipal	5229
corporation, park district, as created pursuant to section 511.18	5230
or 1545.04 of the Revised Code, or state law enforcement agencies	5231
in this state that primarily were responsible for or involved in	5232
making the arrest of, and in prosecuting, the offender. However,	5233
the clerk shall not pay a mandatory fine so imposed to a law	5234
enforcement agency unless the agency has adopted a written	5235
internal control policy under division (F)(2) of this section that	5236
addresses the use of the fine moneys that it receives. Each agency	5237
shall use the mandatory fines so paid to subsidize the agency's	5238
law enforcement efforts that pertain to drug offenses, in	5239
accordance with the written internal control policy adopted by the	5240
recipient agency under division (F)(2) of this section.	5241

(2)(a) Prior to receiving any fine moneys under division	5242
(F)(1) of this section or division (B) of section 2925.42 of the	5243
Revised Code, a law enforcement agency shall adopt a written	5244
internal control policy that addresses the agency's use and	5245
disposition of all fine moneys so received and that provides for	5246
the keeping of detailed financial records of the receipts of those	5247
fine moneys, the general types of expenditures made out of those	5248
fine moneys, and the specific amount of each general type of	5249
expenditure. The policy shall not provide for or permit the	5250
identification of any specific expenditure that is made in an	5251
ongoing investigation. All financial records of the receipts of	5252
those fine moneys, the general types of expenditures made out of	5253
those fine moneys, and the specific amount of each general type of	5254
expenditure by an agency are public records open for inspection	5255
under section 149.43 of the Revised Code. Additionally, a written	5256
internal control policy adopted under this division is such a	5257
public record, and the agency that adopted it shall comply with	5258
it.	5259

(b) Each law enforcement agency that receives in any calendar	5260
year any fine moneys under division (F)(1) of this section or	5261
division (B) of section 2925.42 of the Revised Code shall prepare	5262
a report covering the calendar year that cumulates all of the	5263
information contained in all of the public financial records kept	5264
by the agency pursuant to division (F)(2)(a) of this section for	5265
that calendar year, and shall send a copy of the cumulative	5266
report, no later than the first day of March in the calendar year	5267
following the calendar year covered by the report, to the attorney	5268
general. Each report received by the attorney general is a public	5269
record open for inspection under section 149.43 of the Revised	5270
Code. Not later than the fifteenth day of April in the calendar	5271
year in which the reports are received, the attorney general shall	5272
send to the president of the senate and the speaker of the house	5273
of representatives a written notification that does all of the	5274
following:	5275

(i) Indicates that the attorney general has received from law	5276
enforcement agencies reports of the type described in this	5277
division that cover the previous calendar year and indicates that	5278
the reports were received under this division;	5279

(ii) Indicates that the reports are open for inspection under	5280
section 149.43 of the Revised Code;	5281

(iii) Indicates that the attorney general will provide a copy	5282
of any or all of the reports to the president of the senate or the	5283
speaker of the house of representatives upon request.	5284

(3) As used in division (F) of this section:

5285

(a) "Law enforcement agencies" includes, but is not limited	5286
to, the state board of pharmacy and the office of a prosecutor.	5287

(b) "Prosecutor" has the same meaning as in section 2935.01	5288
of the Revised Code.	5289

(G) When required under division (D)(2) of this section or	5290
any other provision of this chapter, the court shall suspend for	5291
not less than six months or more than five years the driver's or	5292
commercial driver's license or permit of any person who is	5293
convicted of or pleads guilty to any violation of this section or	5294
any other specified provision of this chapter. If an offender's	5295
driver's or commercial driver's license or permit is suspended	5296
pursuant to this division, the offender, at any time after the	5297
expiration of two years from the day on which the offender's	5298
sentence was imposed or from the day on which the offender finally	5299
was released from a prison term under the sentence, whichever is	5300
later, may file a motion with the sentencing court requesting	5301
termination of the suspension; upon the filing of such a motion	5302
and the court's finding of good cause for the termination, the	5303
court may terminate the suspension.	5304

(H)(1) In addition to any prison term authorized or required	5305
by division (C) of this section and sections 2929.13 and 2929.14	5306
of the Revised Code, in addition to any other penalty or sanction	5307
imposed for the offense under this section or sections 2929.11 to	5308
2929.18 of the Revised Code, and in addition to the forfeiture of	5309
property in connection with the offense as prescribed in Chapter	5310
2981. of the Revised Code, the court that sentences an offender	5311
who is convicted of or pleads guilty to a violation of division	5312
(A) of this section may impose upon the offender an additional	5313
fine specified for the offense in division (B)(4) of section	5314
2929.18 of the Revised Code. A fine imposed under division (H)(1)	5315
of this section is not subject to division (F) of this section and	5316
shall be used solely for the support of one or more eligible	5317
alcohol and drug addiction programs in accordance with divisions	5318
(H)(2) and (3) of this section.	5319

(2) The court that imposes a fine under division (H)(1) of	5320
this section shall specify in the judgment that imposes the fine	5321
one or more eligible alcohol and drug addiction programs for the	5322
support of which the fine money is to be used. No alcohol and drug	5323
addiction program shall receive or use money paid or collected in	5324
satisfaction of a fine imposed under division (H)(1) of this	5325
section unless the program is specified in the judgment that	5326
imposes the fine. No alcohol and drug addiction program shall be	5327
specified in the judgment unless the program is an eligible	5328
alcohol and drug addiction program and, except as otherwise	5329
provided in division (H)(2) of this section, unless the program is	5330
located in the county in which the court that imposes the fine is	5331
located or in a county that is immediately contiguous to the	5332
county in which that court is located. If no eligible alcohol and	5333
drug addiction program is located in any of those counties, the	5334
judgment may specify an eligible alcohol and drug addiction	5335
program that is located anywhere within this state.	5336

(3) Notwithstanding any contrary provision of section 3719.21	5337
of the Revised Code, the clerk of the court shall pay any fine	5338
imposed under division (H)(1) of this section to the eligible	5339
alcohol and drug addiction program specified pursuant to division	5340
(H)(2) of this section in the judgment. The eligible alcohol and	5341
drug addiction program that receives the fine moneys shall use the	5342
moneys only for the alcohol and drug addiction services identified	5343
in the application for certification under section 3793.06 of the	5344
Revised Code or in the application for a license under section	5345
3793.11 of the Revised Code filed with the department of alcohol	5346
and drug addiction services by the alcohol and drug addiction	5347
program specified in the judgment.	5348

(4) Each alcohol and drug addiction program that receives in	5349
a calendar year any fine moneys under division (H)(3) of this	5350
section shall file an annual report covering that calendar year	5351
with the court of common pleas and the board of county	5352
commissioners of the county in which the program is located, with	5353
the court of common pleas and the board of county commissioners of	5354
each county from which the program received the moneys if that	5355
county is different from the county in which the program is	5356
located, and with the attorney general. The alcohol and drug	5357
addiction program shall file the report no later than the first	5358
day of March in the calendar year following the calendar year in	5359
which the program received the fine moneys. The report shall	5360
include statistics on the number of persons served by the alcohol	5361
and drug addiction program, identify the types of alcohol and drug	5362
addiction services provided to those persons, and include a	5363
specific accounting of the purposes for which the fine moneys	5364
received were used. No information contained in the report shall	5365
identify, or enable a person to determine the identity of, any	5366
person served by the alcohol and drug addiction program. Each	5367
report received by a court of common pleas, a board of county	5368
commissioners, or the attorney general is a public record open for	5369
inspection under section 149.43 of the Revised Code.	5370

(5) As used in divisions (H)(1) to (5) of this section:

5371

(a) "Alcohol and drug addiction program" and "alcohol and	5372
drug addiction services" have the same meanings as in section	5373
3793.01 of the Revised Code.	5374

(b) "Eligible alcohol and drug addiction program" means an	5375
alcohol and drug addiction program that is certified under section	5376
3793.06 of the Revised Code or licensed under section 3793.11 of	5377
the Revised Code by the department of alcohol and drug addiction	5378
services.	5379

(I) As used in this section, "drug" includes any substance	5380
that is represented to be a drug.	5381

Sec. 2925.05. (A) No person shall knowingly provide money or	5382
other items of value to another person with the purpose that the	5383
recipient of the money or items of value use them to obtain any	5384
controlled substance for the purpose of violating section 2925.04	5385
of the Revised Code or for the purpose of selling or offering to	5386
sell the controlled substance in the following amount:	5387

(1) If the drug to be sold or offered for sale is any	5388
compound, mixture, preparation, or substance included in schedule	5389
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	5390
and hashish, or schedule III, IV, or V, an amount of the drug that	5391
equals or exceeds the bulk amount of the drug;	5392

(2) If the drug to be sold or offered for sale is marihuana	5393
or a compound, mixture, preparation, or substance other than	5394
hashish containing marihuana, an amount of the marihuana that	5395
equals or exceeds two hundred grams;	5396

(3) If the drug to be sold or offered for sale is cocaine or	5397
a compound, mixture, preparation, or substance containing cocaine,	5398
an amount of the cocaine that equals or exceeds five grams ~~if the~~	5399
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	5400
~~cocaine is crack cocaine~~;	5401

(4) If the drug to be sold or offered for sale is L.S.D. or a	5402
compound, mixture, preparation, or substance containing L.S.D., an	5403
amount of the L.S.D. that equals or exceeds ten unit doses if the	5404
L.S.D. is in a solid form or equals or exceeds one gram if the	5405
L.S.D. is in a liquid concentrate, liquid extract, or liquid	5406
distillate form;	5407

(5) If the drug to be sold or offered for sale is heroin or a	5408
compound, mixture, preparation, or substance containing heroin, an	5409
amount of the heroin that equals or exceeds ten unit doses or	5410
equals or exceeds one gram;	5411

(6) If the drug to be sold or offered for sale is hashish or	5412
a compound, mixture, preparation, or substance containing hashish,	5413
an amount of the hashish that equals or exceeds ten grams if the	5414
hashish is in a solid form or equals or exceeds two grams if the	5415
hashish is in a liquid concentrate, liquid extract, or liquid	5416
distillate form.	5417

(B) This section does not apply to any person listed in	5418
division (B)(1), (2), or (3) of section 2925.03 of the Revised	5419
Code to the extent and under the circumstances described in those	5420
divisions.	5421

(C)(1) If the drug involved in the violation is any compound,	5422
mixture, preparation, or substance included in schedule I or II,	5423
with the exception of marihuana, whoever violates division (A) of	5424
this section is guilty of aggravated funding of drug trafficking,	5425
a felony of the first degree, and, subject to division (E) of this	5426
section, the court shall impose as a mandatory prison term one of	5427
the prison terms prescribed for a felony of the first degree.	5428

(2) If the drug involved in the violation is any compound,	5429
mixture, preparation, or substance included in schedule III, IV,	5430
or V, whoever violates division (A) of this section is guilty of	5431
funding of drug trafficking, a felony of the second degree, and	5432
the court shall impose as a mandatory prison term one of the	5433
prison terms prescribed for a felony of the second degree.	5434

(3) If the drug involved in the violation is marihuana,	5435
whoever violates division (A) of this section is guilty of funding	5436
of marihuana trafficking, a felony of the third degree, and the	5437
court shall impose as a mandatory prison term one of the prison	5438
terms prescribed for a felony of the third degree.	5439

(D) In addition to any prison term authorized or required by	5440
division (C) or (E) of this section and sections 2929.13 and	5441
2929.14 of the Revised Code and in addition to any other sanction	5442
imposed for the offense under this section or sections 2929.11 to	5443
2929.18 of the Revised Code, the court that sentences an offender	5444
who is convicted of or pleads guilty to a violation of division	5445
(A) of this section shall do all of the following that are	5446
applicable regarding the offender:	5447

(1) The court shall impose the mandatory fine specified for	5448
the offense under division (B)(1) of section 2929.18 of the	5449
Revised Code unless, as specified in that division, the court	5450
determines that the offender is indigent. The clerk of the court	5451
shall pay a mandatory fine or other fine imposed for a violation	5452
of this section pursuant to division (A) of section 2929.18 of the	5453
Revised Code in accordance with and subject to the requirements of	5454
division (F) of section 2925.03 of the Revised Code. The agency	5455
that receives the fine shall use the fine in accordance with	5456
division (F) of section 2925.03 of the Revised Code. If a person	5457
is charged with a violation of this section, posts bail, and	5458
forfeits the bail, the forfeited bail shall be paid as if the	5459
forfeited bail were a fine imposed for a violation of this	5460
section.	5461

(2) The court shall suspend the offender's driver's or	5462
commercial driver's license or permit in accordance with division	5463
(G) of section 2925.03 of the Revised Code. If an offender's	5464
driver's or commercial driver's license or permit is suspended in	5465
accordance with that division, the offender may request	5466
termination of, and the court may terminate, the suspension in	5467
accordance with that division.	5468

(3) If the offender is a professionally licensed person, the	5469
court immediately shall comply with section 2925.38 of the Revised	5470
Code.	5471

(E) Notwithstanding the prison term otherwise authorized or	5472
required for the offense under division (C) of this section and	5473
sections 2929.13 and 2929.14 of the Revised Code, if the violation	5474
of division (A) of this section involves the sale, offer to sell,	5475
or possession of a schedule I or II controlled substance, with the	5476
exception of marihuana, and if the court imposing sentence upon	5477
the offender finds that the offender as a result of the violation	5478
is a major drug offender and is guilty of a specification of the	5479
type described in section 2941.1410 of the Revised Code, the	5480
court, in lieu of the prison term otherwise authorized or	5481
required, shall impose upon the offender the mandatory prison term	5482
specified in division (D)(3)(a) of section 2929.14 of the Revised	5483
Code and may impose an additional prison term under division	5484
(D)(3)(b) of that section.	5485

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	5486
or use a controlled substance.	5487

(B) This section does not apply to any of the following:

5488

(1) Manufacturers, licensed health professionals authorized	5489
to prescribe drugs, pharmacists, owners of pharmacies, and other	5490
persons whose conduct was in accordance with Chapters 3719.,	5491
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	5492

(2) If the offense involves an anabolic steroid, any person	5493
who is conducting or participating in a research project involving	5494
the use of an anabolic steroid if the project has been approved by	5495
the United States food and drug administration;	5496

(3) Any person who sells, offers for sale, prescribes,	5497
dispenses, or administers for livestock or other nonhuman species	5498
an anabolic steroid that is expressly intended for administration	5499
through implants to livestock or other nonhuman species and	5500
approved for that purpose under the "Federal Food, Drug, and	5501
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	5502
and is sold, offered for sale, prescribed, dispensed, or	5503
administered for that purpose in accordance with that act;	5504

(4) Any person who obtained the controlled substance pursuant	5505
to a lawful prescription issued by a licensed health professional	5506
authorized to prescribe drugs.	5507

(C) Whoever violates division (A) of this section is guilty	5508
of one of the following:	5509

(1) If the drug involved in the violation is a compound,	5510
mixture, preparation, or substance included in schedule I or II,	5511
with the exception of marihuana, cocaine, L.S.D., heroin, and	5512
hashish, whoever violates division (A) of this section is guilty	5513
of aggravated possession of drugs. The penalty for the offense	5514
shall be determined as follows:	5515

(a) Except as otherwise provided in division (C)(1)(b), (c),	5516
(d), or (e) of this section, aggravated possession of drugs is a	5517
felony of the fifth degree, and division (B) of section 2929.13 of	5518
the Revised Code applies in determining whether to impose a prison	5519
term on the offender.	5520

(b) If the amount of the drug involved equals or exceeds the	5521
bulk amount but is less than five times the bulk amount,	5522
aggravated possession of drugs is a felony of the third degree,	5523
and there is a presumption for a prison term for the offense.	5524

(c) If the amount of the drug involved equals or exceeds five	5525
times the bulk amount but is less than fifty times the bulk	5526
amount, aggravated possession of drugs is a felony of the second	5527
degree, and the court shall impose as a mandatory prison term one	5528
of the prison terms prescribed for a felony of the second degree.	5529

(d) If the amount of the drug involved equals or exceeds	5530
fifty times the bulk amount but is less than one hundred times the	5531
bulk amount, aggravated possession of drugs is a felony of the	5532
first degree, and the court shall impose as a mandatory prison	5533
term one of the prison terms prescribed for a felony of the first	5534
degree.	5535

(e) If the amount of the drug involved equals or exceeds one	5536
hundred times the bulk amount, aggravated possession of drugs is a	5537
felony of the first degree, the offender is a major drug offender,	5538
and the court shall impose as a mandatory prison term the maximum	5539
prison term prescribed for a felony of the first degree and may	5540
impose an additional mandatory prison term prescribed for a major	5541
drug offender under division (D)(3)(b) of section 2929.14 of the	5542
Revised Code.	5543

(2) If the drug involved in the violation is a compound,	5544
mixture, preparation, or substance included in schedule III, IV,	5545
or V, whoever violates division (A) of this section is guilty of	5546
possession of drugs. The penalty for the offense shall be	5547
determined as follows:	5548

(a) Except as otherwise provided in division (C)(2)(b), (c),	5549
or (d) of this section, possession of drugs is a misdemeanor of	5550
the first degree or, if the offender previously has been convicted	5551
of a drug abuse offense, a felony of the fifth degree.	5552

(b) If the amount of the drug involved equals or exceeds the	5553
bulk amount but is less than five times the bulk amount,	5554
possession of drugs is a felony of the fourth degree, and division	5555
(C) of section 2929.13 of the Revised Code applies in determining	5556
whether to impose a prison term on the offender.	5557

(c) If the amount of the drug involved equals or exceeds five	5558
times the bulk amount but is less than fifty times the bulk	5559
amount, possession of drugs is a felony of the third degree, and	5560
there is a presumption for a prison term for the offense.	5561

(d) If the amount of the drug involved equals or exceeds	5562
fifty times the bulk amount, possession of drugs is a felony of	5563
the second degree, and the court shall impose upon the offender as	5564
a mandatory prison term one of the prison terms prescribed for a	5565
felony of the second degree.	5566

(3) If the drug involved in the violation is marihuana or a	5567
compound, mixture, preparation, or substance containing marihuana	5568
other than hashish, whoever violates division (A) of this section	5569
is guilty of possession of marihuana. The penalty for the offense	5570
shall be determined as follows:	5571

(a) Except as otherwise provided in division (C)(3)(b), (c),	5572
(d), (e), or (f), or (g) of this section, possession of marihuana	5573
is a minor misdemeanor.	5574

(b) If the amount of the drug involved equals or exceeds one	5575
hundred grams but is less than two hundred grams, possession of	5576
marihuana is a misdemeanor of the fourth degree.	5577

(c) If the amount of the drug involved equals or exceeds two	5578
hundred grams but is less than one thousand grams, possession of	5579
marihuana is a felony of the fifth degree, and division (B) of	5580
section 2929.13 of the Revised Code applies in determining whether	5581
to impose a prison term on the offender.	5582

(d) If the amount of the drug involved equals or exceeds one	5583
thousand grams but is less than five thousand grams, possession of	5584
marihuana is a felony of the third degree, and division (C) of	5585
section 2929.13 of the Revised Code applies in determining whether	5586
to impose a prison term on the offender.	5587

(e) If the amount of the drug involved equals or exceeds five	5588
thousand grams but is less than twenty thousand grams, possession	5589
of marihuana is a felony of the third degree, and there is a	5590
presumption that a prison term shall be imposed for the offense.	5591

(f) If the amount of the drug involved equals or exceeds	5592
twenty thousand grams but is less than forty thousand grams,	5593
possession of marihuana is a felony of the second degree, and the	5594
court shall impose a mandatory prison term of five, six, seven, or	5595
eight years.	5596

(g) If the amount of the drug involved equals or exceeds	5597
forty thousand grams, possession of marihuana is a felony of the	5598
second degree, and the court shall impose as a mandatory prison	5599
term the maximum prison term prescribed for a felony of the second	5600
degree.	5601

(4) If the drug involved in the violation is cocaine or a	5602
compound, mixture, preparation, or substance containing cocaine,	5603
whoever violates division (A) of this section is guilty of	5604
possession of cocaine. The penalty for the offense shall be	5605
determined as follows:	5606

(a) Except as otherwise provided in division (C)(4)(b), (c),	5607
(d), (e), or (f) of this section, possession of cocaine is a	5608
felony of the fifth degree, and division (B) of section 2929.13 of	5609
the Revised Code applies in determining whether to impose a prison	5610
term on the offender.	5611

(b) If the amount of the drug involved equals or exceeds five	5612
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	5613
~~not crack cocaine or equals or exceeds one gram but is less than~~	5614
~~five grams of crack cocaine~~, possession of cocaine is a felony of	5615
the fourth degree, and ~~there is a presumption for a prison term~~	5616
~~for the offense~~division (B) of section 2929.13 of the Revised	5617
Code applies in determining whether to impose a prison term on the	5618
offender.	5619

(c) If the amount of the drug involved equals or exceeds	5620
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	5621
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	5622
~~but is less than ten grams of crack cocaine~~, possession of cocaine	5623
is a felony of the third degree, and the court shall impose as a	5624
mandatory prison term one of the prison terms prescribed for a	5625
felony of the third degree.	5626

(d) If the amount of the drug involved equals or exceeds ~~one~~	5627
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	5628
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5629
~~ten grams but is less than twenty-five grams of crack cocaine~~,	5630
possession of cocaine is a felony of the second degree, and the	5631
court shall impose as a mandatory prison term one of the prison	5632
terms prescribed for a felony of the second degree.	5633

(e) If the amount of the drug involved equals or exceeds ~~five~~	5634
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	5635
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	5636
~~twenty-five grams but is less than one hundred grams of crack~~	5637
~~cocaine~~, possession of cocaine is a felony of the first degree,	5638
and the court shall impose as a mandatory prison term one of the	5639
prison terms prescribed for a felony of the first degree.	5640

(f) If the amount of the drug involved equals or exceeds one	5641
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	5642
~~equals or exceeds one hundred grams of crack cocaine~~, possession	5643
of cocaine is a felony of the first degree, the offender is a	5644
major drug offender, and the court shall impose as a mandatory	5645
prison term the maximum prison term prescribed for a felony of the	5646
first degree and may impose an additional mandatory prison term	5647
prescribed for a major drug offender under division (D)(3)(b) of	5648
section 2929.14 of the Revised Code.	5649

(5) If the drug involved in the violation is L.S.D., whoever	5650
violates division (A) of this section is guilty of possession of	5651
L.S.D. The penalty for the offense shall be determined as follows:	5652

(a) Except as otherwise provided in division (C)(5)(b), (c),	5653
(d), (e), or (f) of this section, possession of L.S.D. is a felony	5654
of the fifth degree, and division (B) of section 2929.13 of the	5655
Revised Code applies in determining whether to impose a prison	5656
term on the offender.	5657

(b) If the amount of L.S.D. involved equals or exceeds ten	5658
unit doses but is less than fifty unit doses of L.S.D. in a solid	5659
form or equals or exceeds one gram but is less than five grams of	5660
L.S.D. in a liquid concentrate, liquid extract, or liquid	5661
distillate form, possession of L.S.D. is a felony of the fourth	5662
degree, and division (C) of section 2929.13 of the Revised Code	5663
applies in determining whether to impose a prison term on the	5664
offender.	5665

(c) If the amount of L.S.D. involved equals or exceeds fifty	5666
unit doses, but is less than two hundred fifty unit doses of	5667
L.S.D. in a solid form or equals or exceeds five grams but is less	5668
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	5669
extract, or liquid distillate form, possession of L.S.D. is a	5670
felony of the third degree, and there is a presumption for a	5671
prison term for the offense.	5672

(d) If the amount of L.S.D. involved equals or exceeds two	5673
hundred fifty unit doses but is less than one thousand unit doses	5674
of L.S.D. in a solid form or equals or exceeds twenty-five grams	5675
but is less than one hundred grams of L.S.D. in a liquid	5676
concentrate, liquid extract, or liquid distillate form, possession	5677
of L.S.D. is a felony of the second degree, and the court shall	5678
impose as a mandatory prison term one of the prison terms	5679
prescribed for a felony of the second degree.	5680

(e) If the amount of L.S.D. involved equals or exceeds one	5681
thousand unit doses but is less than five thousand unit doses of	5682
L.S.D. in a solid form or equals or exceeds one hundred grams but	5683
is less than five hundred grams of L.S.D. in a liquid concentrate,	5684
liquid extract, or liquid distillate form, possession of L.S.D. is	5685
a felony of the first degree, and the court shall impose as a	5686
mandatory prison term one of the prison terms prescribed for a	5687
felony of the first degree.	5688

(f) If the amount of L.S.D. involved equals or exceeds five	5689
thousand unit doses of L.S.D. in a solid form or equals or exceeds	5690
five hundred grams of L.S.D. in a liquid concentrate, liquid	5691
extract, or liquid distillate form, possession of L.S.D. is a	5692
felony of the first degree, the offender is a major drug offender,	5693
and the court shall impose as a mandatory prison term the maximum	5694
prison term prescribed for a felony of the first degree and may	5695
impose an additional mandatory prison term prescribed for a major	5696
drug offender under division (D)(3)(b) of section 2929.14 of the	5697
Revised Code.	5698

(6) If the drug involved in the violation is heroin or a	5699
compound, mixture, preparation, or substance containing heroin,	5700
whoever violates division (A) of this section is guilty of	5701
possession of heroin. The penalty for the offense shall be	5702
determined as follows:	5703

(a) Except as otherwise provided in division (C)(6)(b), (c),	5704
(d), (e), or (f) of this section, possession of heroin is a felony	5705
of the fifth degree, and division (B) of section 2929.13 of the	5706
Revised Code applies in determining whether to impose a prison	5707
term on the offender.	5708

(b) If the amount of the drug involved equals or exceeds ten	5709
unit doses but is less than fifty unit doses or equals or exceeds	5710
one gram but is less than five grams, possession of heroin is a	5711
felony of the fourth degree, and division (C) of section 2929.13	5712
of the Revised Code applies in determining whether to impose a	5713
prison term on the offender.	5714

(c) If the amount of the drug involved equals or exceeds	5715
fifty unit doses but is less than one hundred unit doses or equals	5716
or exceeds five grams but is less than ten grams, possession of	5717
heroin is a felony of the third degree, and there is a presumption	5718
for a prison term for the offense.	5719

(d) If the amount of the drug involved equals or exceeds one	5720
hundred unit doses but is less than five hundred unit doses or	5721
equals or exceeds ten grams but is less than fifty grams,	5722
possession of heroin is a felony of the second degree, and the	5723
court shall impose as a mandatory prison term one of the prison	5724
terms prescribed for a felony of the second degree.	5725

(e) If the amount of the drug involved equals or exceeds five	5726
hundred unit doses but is less than two thousand five hundred unit	5727
doses or equals or exceeds fifty grams but is less than two	5728
hundred fifty grams, possession of heroin is a felony of the first	5729
degree, and the court shall impose as a mandatory prison term one	5730
of the prison terms prescribed for a felony of the first degree.	5731

(f) If the amount of the drug involved equals or exceeds two	5732
thousand five hundred unit doses or equals or exceeds two hundred	5733
fifty grams, possession of heroin is a felony of the first degree,	5734
the offender is a major drug offender, and the court shall impose	5735
as a mandatory prison term the maximum prison term prescribed for	5736
a felony of the first degree and may impose an additional	5737
mandatory prison term prescribed for a major drug offender under	5738
division (D)(3)(b) of section 2929.14 of the Revised Code.	5739

(7) If the drug involved in the violation is hashish or a	5740
compound, mixture, preparation, or substance containing hashish,	5741
whoever violates division (A) of this section is guilty of	5742
possession of hashish. The penalty for the offense shall be	5743
determined as follows:	5744

(a) Except as otherwise provided in division (C)(7)(b), (c),	5745
(d), (e), or (f), or (g) of this section, possession of hashish is	5746
a minor misdemeanor.	5747

(b) If the amount of the drug involved equals or exceeds five	5748
grams but is less than ten grams of hashish in a solid form or	5749
equals or exceeds one gram but is less than two grams of hashish	5750
in a liquid concentrate, liquid extract, or liquid distillate	5751
form, possession of hashish is a misdemeanor of the fourth degree.	5752

(c) If the amount of the drug involved equals or exceeds ten	5753
grams but is less than fifty grams of hashish in a solid form or	5754
equals or exceeds two grams but is less than ten grams of hashish	5755
in a liquid concentrate, liquid extract, or liquid distillate	5756
form, possession of hashish is a felony of the fifth degree, and	5757
division (B) of section 2929.13 of the Revised Code applies in	5758
determining whether to impose a prison term on the offender.	5759

(d) If the amount of the drug involved equals or exceeds	5760
fifty grams but is less than two hundred fifty grams of hashish in	5761
a solid form or equals or exceeds ten grams but is less than fifty	5762
grams of hashish in a liquid concentrate, liquid extract, or	5763
liquid distillate form, possession of hashish is a felony of the	5764
third degree, and division (C) of section 2929.13 of the Revised	5765
Code applies in determining whether to impose a prison term on the	5766
offender.	5767

(e) If the amount of the drug involved equals or exceeds two	5768
hundred fifty grams but is less than one thousand grams of hashish	5769
in a solid form or equals or exceeds fifty grams but is less than	5770
two hundred grams of hashish in a liquid concentrate, liquid	5771
extract, or liquid distillate form, possession of hashish is a	5772
felony of the third degree, and there is a presumption that a	5773
prison term shall be imposed for the offense.	5774

(f) If the amount of the drug involved equals or exceeds one	5775
thousand grams but is less than two thousand grams of hashish in a	5776
solid form or equals or exceeds two hundred grams but is less than	5777
four hundred grams of hashish in a liquid concentrate, liquid	5778
extract, or liquid distillate form possession of hashish is a	5779
felony of the second degree, and the court shall impose a	5780
mandatory prison term of five, six, seven, or eight years.	5781

(g) If the amount of the drug involved equals or exceeds two	5782
thousand grams of hashish in a solid form or equals or exceeds	5783
four hundred grams of hashish in a liquid concentrate, liquid	5784
extract, or liquid distillate form, possession of hashish is a	5785
felony of the second degree, and the court shall impose as a	5786
mandatory prison term the maximum prison term prescribed for a	5787
felony of the second degree.	5788

(D) Arrest or conviction for a minor misdemeanor violation of	5789
this section does not constitute a criminal record and need not be	5790
reported by the person so arrested or convicted in response to any	5791
inquiries about the person's criminal record, including any	5792
inquiries contained in any application for employment, license, or	5793
other right or privilege, or made in connection with the person's	5794
appearance as a witness.	5795

(E) In addition to any prison term or jail term authorized or	5796
required by division (C) of this section and sections 2929.13,	5797
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	5798
addition to any other sanction that is imposed for the offense	5799
under this section, sections 2929.11 to 2929.18, or sections	5800
2929.21 to 2929.28 of the Revised Code, the court that sentences	5801
an offender who is convicted of or pleads guilty to a violation of	5802
division (A) of this section shall do all of the following that	5803
are applicable regarding the offender:	5804

(1)(a) If the violation is a felony of the first, second, or	5805
third degree, the court shall impose upon the offender the	5806
mandatory fine specified for the offense under division (B)(1) of	5807
section 2929.18 of the Revised Code unless, as specified in that	5808
division, the court determines that the offender is indigent.	5809

(b) Notwithstanding any contrary provision of section 3719.21	5810
of the Revised Code, the clerk of the court shall pay a mandatory	5811
fine or other fine imposed for a violation of this section	5812
pursuant to division (A) of section 2929.18 of the Revised Code in	5813
accordance with and subject to the requirements of division (F) of	5814
section 2925.03 of the Revised Code. The agency that receives the	5815
fine shall use the fine as specified in division (F) of section	5816
2925.03 of the Revised Code.	5817

(c) If a person is charged with a violation of this section	5818
that is a felony of the first, second, or third degree, posts	5819
bail, and forfeits the bail, the clerk shall pay the forfeited	5820
bail pursuant to division (E)(1)(b) of this section as if it were	5821
a mandatory fine imposed under division (E)(1)(a) of this section.	5822

(2) The court shall suspend for not less than six months or	5823
more than five years the offender's driver's or commercial	5824
driver's license or permit.	5825

(3) If the offender is a professionally licensed person, in	5826
addition to any other sanction imposed for a violation of this	5827
section, the court immediately shall comply with section 2925.38	5828
of the Revised Code.	5829

(F) It is an affirmative defense, as provided in section	5830
2901.05 of the Revised Code, to a charge of a fourth degree felony	5831
violation under this section that the controlled substance that	5832
gave rise to the charge is in an amount, is in a form, is	5833
prepared, compounded, or mixed with substances that are not	5834
controlled substances in a manner, or is possessed under any other	5835
circumstances, that indicate that the substance was possessed	5836
solely for personal use. Notwithstanding any contrary provision of	5837
this section, if, in accordance with section 2901.05 of the	5838
Revised Code, an accused who is charged with a fourth degree	5839
felony violation of division (C)(2), (4), (5), or (6) of this	5840
section sustains the burden of going forward with evidence of and	5841
establishes by a preponderance of the evidence the affirmative	5842
defense described in this division, the accused may be prosecuted	5843
for and may plead guilty to or be convicted of a misdemeanor	5844
violation of division (C)(2) of this section or a fifth degree	5845
felony violation of division (C)(4), (5), or (6) of this section	5846
respectively.	5847

(G) When a person is charged with possessing a bulk amount or	5848
multiple of a bulk amount, division (E) of section 2925.03 of the	5849
Revised Code applies regarding the determination of the amount of	5850
the controlled substance involved at the time of the offense.	5851

Sec. 2929.01. As used in this chapter:

5852

(A)(1) "Alternative residential facility" means, subject to	5853
division (A)(2) of this section, any facility other than an	5854
offender's home or residence in which an offender is assigned to	5855
live and that satisfies all of the following criteria:	5856

(a) It provides programs through which the offender may seek	5857
or maintain employment or may receive education, training,	5858
treatment, or habilitation.	5859

(b) It has received the appropriate license or certificate	5860
for any specialized education, training, treatment, habilitation,	5861
or other service that it provides from the government agency that	5862
is responsible for licensing or certifying that type of education,	5863
training, treatment, habilitation, or service.	5864

(2) "Alternative residential facility" does not include a	5865
community-based correctional facility, jail, halfway house, or	5866
prison.	5867

(B) "Basic probation supervision" means a requirement that	5868
the offender maintain contact with a person appointed to supervise	5869
the offender in accordance with sanctions imposed by the court or	5870
imposed by the parole board pursuant to section 2967.28 of the	5871
Revised Code. "Basic probation supervision" includes basic parole	5872
supervision and basic post-release control supervision.	5873

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	5874
"unit dose" have the same meanings as in section 2925.01 of the	5875
Revised Code.	5876

(D) "Community-based correctional facility" means a	5877
community-based correctional facility and program or district	5878
community-based correctional facility and program developed	5879
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	5880

(E) "Community control sanction" means a sanction that is not	5881
a prison term and that is described in section 2929.15, 2929.16,	5882
2929.17, or 2929.18 of the Revised Code or a sanction that is not	5883
a jail term and that is described in section 2929.26, 2929.27, or	5884
2929.28 of the Revised Code. "Community control sanction" includes	5885
probation if the sentence involved was imposed for a felony that	5886
was committed prior to July 1, 1996, or if the sentence involved	5887
was imposed for a misdemeanor that was committed prior to January	5888
1, 2004.	5889

(F) "Controlled substance," "marihuana," "schedule I," and	5890
"schedule II" have the same meanings as in section 3719.01 of the	5891
Revised Code.	5892

(G) "Curfew" means a requirement that an offender during a	5893
specified period of time be at a designated place.	5894

(H) "Day reporting" means a sanction pursuant to which an	5895
offender is required each day to report to and leave a center or	5896
other approved reporting location at specified times in order to	5897
participate in work, education or training, treatment, and other	5898
approved programs at the center or outside the center.	5899

(I) "Deadly weapon" has the same meaning as in section	5900
2923.11 of the Revised Code.	5901

(J) "Drug and alcohol use monitoring" means a program under	5902
which an offender agrees to submit to random chemical analysis of	5903
the offender's blood, breath, or urine to determine whether the	5904
offender has ingested any alcohol or other drugs.	5905

(K) "Drug treatment program" means any program under which a	5906
person undergoes assessment and treatment designed to reduce or	5907
completely eliminate the person's physical or emotional reliance	5908
upon alcohol, another drug, or alcohol and another drug and under	5909
which the person may be required to receive assessment and	5910
treatment on an outpatient basis or may be required to reside at a	5911
facility other than the person's home or residence while	5912
undergoing assessment and treatment.	5913

(L) "Economic loss" means any economic detriment suffered by	5914
a victim as a direct and proximate result of the commission of an	5915
offense and includes any loss of income due to lost time at work	5916
because of any injury caused to the victim, and any property loss,	5917
medical cost, or funeral expense incurred as a result of the	5918
commission of the offense. "Economic loss" does not include	5919
non-economic loss or any punitive or exemplary damages.	5920

(M) "Education or training" includes study at, or in	5921
conjunction with a program offered by, a university, college, or	5922
technical college or vocational study and also includes the	5923
completion of primary school, secondary school, and literacy	5924
curricula or their equivalent.	5925

(N) "Firearm" has the same meaning as in section 2923.11 of	5926
the Revised Code.	5927

(O) "Halfway house" means a facility licensed by the division	5928
of parole and community services of the department of	5929
rehabilitation and correction pursuant to section 2967.14 of the	5930
Revised Code as a suitable facility for the care and treatment of	5931
adult offenders.	5932

(P) "House arrest" means a period of confinement of an	5933
offender that is in the offender's home or in other premises	5934
specified by the sentencing court or by the parole board pursuant	5935
to section 2967.28 of the Revised Code and during which all of the	5936
following apply:	5937

(1) The offender is required to remain in the offender's home	5938
or other specified premises for the specified period of	5939
confinement, except for periods of time during which the offender	5940
is at the offender's place of employment or at other premises as	5941
authorized by the sentencing court or by the parole board.	5942

(2) The offender is required to report periodically to a	5943
person designated by the court or parole board.	5944

(3) The offender is subject to any other restrictions and	5945
requirements that may be imposed by the sentencing court or by the	5946
parole board.	5947

(Q) "Intensive probation supervision" means a requirement	5948
that an offender maintain frequent contact with a person appointed	5949
by the court, or by the parole board pursuant to section 2967.28	5950
of the Revised Code, to supervise the offender while the offender	5951
is seeking or maintaining necessary employment and participating	5952
in training, education, and treatment programs as required in the	5953
court's or parole board's order. "Intensive probation supervision"	5954
includes intensive parole supervision and intensive post-release	5955
control supervision.	5956

(R) "Jail" means a jail, workhouse, minimum security jail, or	5957
other residential facility used for the confinement of alleged or	5958
convicted offenders that is operated by a political subdivision or	5959
a combination of political subdivisions of this state.	5960

(S) "Jail term" means the term in a jail that a sentencing	5961
court imposes or is authorized to impose pursuant to section	5962
2929.24 or 2929.25 of the Revised Code or pursuant to any other	5963
provision of the Revised Code that authorizes a term in a jail for	5964
a misdemeanor conviction.	5965

(T) "Mandatory jail term" means the term in a jail that a	5966
sentencing court is required to impose pursuant to division (G) of	5967
section 1547.99 of the Revised Code, division (E) of section	5968
2903.06 or division (D) of section 2903.08 of the Revised Code,	5969
division (E) or (G) of section 2929.24 of the Revised Code,	5970
division (B) of section 4510.14 of the Revised Code, or division	5971
(G) of section 4511.19 of the Revised Code or pursuant to any	5972
other provision of the Revised Code that requires a term in a jail	5973
for a misdemeanor conviction.	5974

(U) "Delinquent child" has the same meaning as in section	5975
2152.02 of the Revised Code.	5976

(V) "License violation report" means a report that is made by	5977
a sentencing court, or by the parole board pursuant to section	5978
2967.28 of the Revised Code, to the regulatory or licensing board	5979
or agency that issued an offender a professional license or a	5980
license or permit to do business in this state and that specifies	5981
that the offender has been convicted of or pleaded guilty to an	5982
offense that may violate the conditions under which the offender's	5983
professional license or license or permit to do business in this	5984
state was granted or an offense for which the offender's	5985
professional license or license or permit to do business in this	5986
state may be revoked or suspended.	5987

(W) "Major drug offender" means an offender who is convicted	5988
of or pleads guilty to the possession of, sale of, or offer to	5989
sell any drug, compound, mixture, preparation, or substance that	5990
consists of or contains at least one thousand grams of hashish; at	5991
least one hundred grams of ~~crack~~ cocaine; ~~at least one thousand~~	5992
~~grams of cocaine that is not crack cocaine;~~ at least two thousand	5993
five hundred unit doses or two hundred fifty grams of heroin; at	5994
least five thousand unit doses of L.S.D. or five hundred grams of	5995
L.S.D. in a liquid concentrate, liquid extract, or liquid	5996
distillate form; or at least one hundred times the amount of any	5997
other schedule I or II controlled substance other than marihuana	5998
that is necessary to commit a felony of the third degree pursuant	5999
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	6000
Code that is based on the possession of, sale of, or offer to sell	6001
the controlled substance.	6002

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

6003

(1) Subject to division (X)(2) of this section, the term in	6004
prison that must be imposed for the offenses or circumstances set	6005
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	6006
2929.13 and division (D) of section 2929.14 of the Revised Code.	6007
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	6008
and 2925.11 of the Revised Code, unless the maximum or another	6009
specific term is required under section 2929.14 or 2929.142 of the	6010
Revised Code, a mandatory prison term described in this division	6011
may be any prison term authorized for the level of offense.	6012

(2) The term of sixty or one hundred twenty days in prison	6013
that a sentencing court is required to impose for a third or	6014
fourth degree felony OVI offense pursuant to division (G)(2) of	6015
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	6016
of the Revised Code or the term of one, two, three, four, or five	6017
years in prison that a sentencing court is required to impose	6018
pursuant to division (G)(2) of section 2929.13 of the Revised	6019
Code.	6020

(3) The term in prison imposed pursuant to division (A) of	6021
section 2971.03 of the Revised Code for the offenses and in the	6022
circumstances described in division (F)(11) of section 2929.13 of	6023
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	6024
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	6025
2971.03 of the Revised Code and that term as modified or	6026
terminated pursuant to section 2971.05 of the Revised Code.	6027

(Y) "Monitored time" means a period of time during which an	6028
offender continues to be under the control of the sentencing court	6029
or parole board, subject to no conditions other than leading a	6030
law-abiding life.	6031

(Z) "Offender" means a person who, in this state, is	6032
convicted of or pleads guilty to a felony or a misdemeanor.	6033

(AA) "Prison" means a residential facility used for the	6034
confinement of convicted felony offenders that is under the	6035
control of the department of rehabilitation and correction but	6036
does not include a violation sanction center operated under	6037
authority of section 2967.141 of the Revised Code.	6038

(BB) "Prison term" includes either of the following sanctions	6039
for an offender:	6040

(1) A stated prison term;

6041

(2) A term in a prison shortened by, or with the approval of,	6042
the sentencing court pursuant to section 2929.20, 2967.26,	6043
5120.031, 5120.032, or 5120.073 of the Revised Code.	6044

(CC) "Repeat violent offender" means a person about whom both	6045
of the following apply:	6046

(1) The person is being sentenced for committing or for	6047
complicity in committing any of the following:	6048

(a) Aggravated murder, murder, any felony of the first or	6049
second degree that is an offense of violence, or an attempt to	6050
commit any of these offenses if the attempt is a felony of the	6051
first or second degree;	6052

(b) An offense under an existing or former law of this state,	6053
another state, or the United States that is or was substantially	6054
equivalent to an offense described in division (CC)(1)(a) of this	6055
section.	6056

(2) The person previously was convicted of or pleaded guilty	6057
to an offense described in division (CC)(1)(a) or (b) of this	6058
section.	6059

(DD) "Sanction" means any penalty imposed upon an offender	6060
who is convicted of or pleads guilty to an offense, as punishment	6061
for the offense. "Sanction" includes any sanction imposed pursuant	6062
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	6063
2929.28 of the Revised Code.	6064

(EE) "Sentence" means the sanction or combination of	6065
sanctions imposed by the sentencing court on an offender who is	6066
convicted of or pleads guilty to an offense.	6067

(FF) "Stated prison term" means the prison term, mandatory	6068
prison term, or combination of all prison terms and mandatory	6069
prison terms imposed by the sentencing court pursuant to section	6070
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	6071
2919.25 of the Revised Code. "Stated prison term" includes any	6072
credit received by the offender for time spent in jail awaiting	6073
trial, sentencing, or transfer to prison for the offense and any	6074
time spent under house arrest or house arrest with electronic	6075
monitoring imposed after earning credits pursuant to section	6076
2967.193 of the Revised Code.	6077

(GG) "Victim-offender mediation" means a reconciliation or	6078
mediation program that involves an offender and the victim of the	6079
offense committed by the offender and that includes a meeting in	6080
which the offender and the victim may discuss the offense, discuss	6081
restitution, and consider other sanctions for the offense.	6082

(HH) "Fourth degree felony OVI offense" means a violation of	6083
division (A) of section 4511.19 of the Revised Code that, under	6084
division (G) of that section, is a felony of the fourth degree.	6085

(II) "Mandatory term of local incarceration" means the term	6086
of sixty or one hundred twenty days in a jail, a community-based	6087
correctional facility, a halfway house, or an alternative	6088
residential facility that a sentencing court may impose upon a	6089
person who is convicted of or pleads guilty to a fourth degree	6090
felony OVI offense pursuant to division (G)(1) of section 2929.13	6091
of the Revised Code and division (G)(1)(d) or (e) of section	6092
4511.19 of the Revised Code.	6093

(JJ) "Designated homicide, assault, or kidnapping offense,"	6094
"violent sex offense," "sexual motivation specification,"	6095
"sexually violent offense," "sexually violent predator," and	6096
"sexually violent predator specification" have the same meanings	6097
as in section 2971.01 of the Revised Code.	6098

(KK) "Sexually oriented offense," "child-victim oriented	6099
offense," and "tier III sex offender/child-victim offender," have	6100
the same meanings as in section 2950.01 of the Revised Code.	6101

(LL) An offense is "committed in the vicinity of a child" if	6102
the offender commits the offense within thirty feet of or within	6103
the same residential unit as a child who is under eighteen years	6104
of age, regardless of whether the offender knows the age of the	6105
child or whether the offender knows the offense is being committed	6106
within thirty feet of or within the same residential unit as the	6107
child and regardless of whether the child actually views the	6108
commission of the offense.	6109

(MM) "Family or household member" has the same meaning as in	6110
section 2919.25 of the Revised Code.	6111

(NN) "Motor vehicle" and "manufactured home" have the same	6112
meanings as in section 4501.01 of the Revised Code.	6113

(OO) "Detention" and "detention facility" have the same	6114
meanings as in section 2921.01 of the Revised Code.	6115

(PP) "Third degree felony OVI offense" means a violation of	6116
division (A) of section 4511.19 of the Revised Code that, under	6117
division (G) of that section, is a felony of the third degree.	6118

(QQ) "Random drug testing" has the same meaning as in section	6119
5120.63 of the Revised Code.	6120

(RR) "Felony sex offense" has the same meaning as in section	6121
2967.28 of the Revised Code.	6122

(SS) "Body armor" has the same meaning as in section	6123
2941.1411 of the Revised Code.	6124

(TT) "Electronic monitoring" means monitoring through the use	6125
of an electronic monitoring device.	6126

(UU) "Electronic monitoring device" means any of the	6127
following:	6128

(1) Any device that can be operated by electrical or battery	6129
power and that conforms with all of the following:	6130

(a) The device has a transmitter that can be attached to a	6131
person, that will transmit a specified signal to a receiver of the	6132
type described in division (UU)(1)(b) of this section if the	6133
transmitter is removed from the person, turned off, or altered in	6134
any manner without prior court approval in relation to electronic	6135
monitoring or without prior approval of the department of	6136
rehabilitation and correction in relation to the use of an	6137
electronic monitoring device for an inmate on transitional control	6138
or otherwise is tampered with, that can transmit continuously and	6139
periodically a signal to that receiver when the person is within a	6140
specified distance from the receiver, and that can transmit an	6141
appropriate signal to that receiver if the person to whom it is	6142
attached travels a specified distance from that receiver.	6143

(b) The device has a receiver that can receive continuously	6144
the signals transmitted by a transmitter of the type described in	6145
division (UU)(1)(a) of this section, can transmit continuously	6146
those signals by telephone to a central monitoring computer of the	6147
type described in division (UU)(1)(c) of this section, and can	6148
transmit continuously an appropriate signal to that central	6149
monitoring computer if the receiver is turned off or altered	6150
without prior court approval or otherwise tampered with.	6151

(c) The device has a central monitoring computer that can	6152
receive continuously the signals transmitted by telephone by a	6153
receiver of the type described in division (UU)(1)(b) of this	6154
section and can monitor continuously the person to whom an	6155
electronic monitoring device of the type described in division	6156
(UU)(1)(a) of this section is attached.	6157

(2) Any device that is not a device of the type described in	6158
division (UU)(1) of this section and that conforms with all of the	6159
following:	6160

(a) The device includes a transmitter and receiver that can	6161
monitor and determine the location of a subject person at any	6162
time, or at a designated point in time, through the use of a	6163
central monitoring computer or through other electronic means.	6164

(b) The device includes a transmitter and receiver that can	6165
determine at any time, or at a designated point in time, through	6166
the use of a central monitoring computer or other electronic means	6167
the fact that the transmitter is turned off or altered in any	6168
manner without prior approval of the court in relation to the	6169
electronic monitoring or without prior approval of the department	6170
of rehabilitation and correction in relation to the use of an	6171
electronic monitoring device for an inmate on transitional control	6172
or otherwise is tampered with.	6173

(3) Any type of technology that can adequately track or	6174
determine the location of a subject person at any time and that is	6175
approved by the director of rehabilitation and correction,	6176
including, but not limited to, any satellite technology, voice	6177
tracking system, or retinal scanning system that is so approved.	6178

(VV) "Non-economic loss" means nonpecuniary harm suffered by	6179
a victim of an offense as a result of or related to the commission	6180
of the offense, including, but not limited to, pain and suffering;	6181
loss of society, consortium, companionship, care, assistance,	6182
attention, protection, advice, guidance, counsel, instruction,	6183
training, or education; mental anguish; and any other intangible	6184
loss.	6185

(WW) "Prosecutor" has the same meaning as in section 2935.01	6186
of the Revised Code.	6187

(XX) "Continuous alcohol monitoring" means the ability to	6188
automatically test and periodically transmit alcohol consumption	6189
levels and tamper attempts at least every hour, regardless of the	6190
location of the person who is being monitored.	6191

(YY) A person is "adjudicated a sexually violent predator" if	6192
the person is convicted of or pleads guilty to a violent sex	6193
offense and also is convicted of or pleads guilty to a sexually	6194
violent predator specification that was included in the	6195
indictment, count in the indictment, or information charging that	6196
violent sex offense or if the person is convicted of or pleads	6197
guilty to a designated homicide, assault, or kidnapping offense	6198
and also is convicted of or pleads guilty to both a sexual	6199
motivation specification and a sexually violent predator	6200
specification that were included in the indictment, count in the	6201
indictment, or information charging that designated homicide,	6202
assault, or kidnapping offense.	6203

(ZZ) An offense is "committed in proximity to a school" if	6204
the offender commits the offense in a school safety zone or within	6205
five hundred feet of any school building or the boundaries of any	6206
school premises, regardless of whether the offender knows the	6207
offense is being committed in a school safety zone or within five	6208
hundred feet of any school building or the boundaries of any	6209
school premises.	6210

(AAA) "Human trafficking" means a scheme or plan to which all	6211
of the following apply:	6212

(1) Its object is to compel a victim or victims to engage in	6213
sexual activity for hire, to engage in a performance that is	6214
obscene, sexually oriented, or nudity oriented, or to be a model	6215
or participant in the production of material that is obscene,	6216
sexually oriented, or nudity oriented.	6217

(2) It involves at least two felony offenses, whether or not	6218
there has been a prior conviction for any of the felony offenses,	6219
to which all of the following apply:	6220

(a) Each of the felony offenses is a violation of section	6221
2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or	6222
(2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5)	6223
of section 2919.22 of the Revised Code or is a violation of a law	6224
of any state other than this state that is substantially similar	6225
to any of the sections or divisions of the Revised Code identified	6226
in this division.	6227

(b) At least one of the felony offenses was committed in this	6228
state.	6229

(c) The felony offenses are related to the same scheme or	6230
plan, are not isolated instances, and are not so closely related	6231
to each other and connected in time and place that they constitute	6232
a single event or transaction.	6233

(BBB) "Material," "nudity," "obscene," "performance," and	6234
"sexual activity" have the same meanings as in section 2907.01 of	6235
the Revised Code.	6236

(CCC) "Material that is obscene, sexually oriented, or nudity	6237
oriented" means any material that is obscene, that shows a person	6238
participating or engaging in sexual activity, masturbation, or	6239
bestiality, or that shows a person in a state of nudity.	6240

(DDD) "Performance that is obscene, sexually oriented, or	6241
nudity oriented" means any performance that is obscene, that shows	6242
a person participating or engaging in sexual activity,	6243
masturbation, or bestiality, or that shows a person in a state of	6244
nudity.	6245

Sec. 2929.13. (A) Except as provided in division (E), (F),	6246
or (G) of this section and unless a specific sanction is required	6247
to be imposed or is precluded from being imposed pursuant to law,	6248
a court that imposes a sentence upon an offender for a felony may	6249
impose any sanction or combination of sanctions on the offender	6250
that are provided in sections 2929.14 to 2929.18 of the Revised	6251
Code. The sentence shall not impose an unnecessary burden on state	6252
or local government resources.	6253

If the offender is eligible to be sentenced to community	6254
control sanctions, the court shall consider the appropriateness of	6255
imposing a financial sanction pursuant to section 2929.18 of the	6256
Revised Code or a sanction of community service pursuant to	6257
section 2929.17 of the Revised Code as the sole sanction for the	6258
offense. Except as otherwise provided in this division, if the	6259
court is required to impose a mandatory prison term for the	6260
offense for which sentence is being imposed, the court also shall	6261
impose any financial sanction pursuant to section 2929.18 of the	6262
Revised Code that is required for the offense and may impose any	6263
other financial sanction pursuant to that section but may not	6264
impose any additional sanction or combination of sanctions under	6265
section 2929.16 or 2929.17 of the Revised Code.	6266

If the offender is being sentenced for a fourth degree felony	6267
OVI offense or for a third degree felony OVI offense, in addition	6268
to the mandatory term of local incarceration or the mandatory	6269
prison term required for the offense by division (G)(1) or (2) of	6270
this section, the court shall impose upon the offender a mandatory	6271
fine in accordance with division (B)(3) of section 2929.18 of the	6272
Revised Code and may impose whichever of the following is	6273
applicable:	6274

(1) For a fourth degree felony OVI offense for which sentence	6275
is imposed under division (G)(1) of this section, an additional	6276
community control sanction or combination of community control	6277
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	6278
the court imposes upon the offender a community control sanction	6279
and the offender violates any condition of the community control	6280
sanction, the court may take any action prescribed in division (B)	6281
of section 2929.15 of the Revised Code relative to the offender,	6282
including imposing a prison term on the offender pursuant to that	6283
division.	6284

(2) For a third or fourth degree felony OVI offense for which	6285
sentence is imposed under division (G)(2) of this section, an	6286
additional prison term as described in division (D)(4) of section	6287
2929.14 of the Revised Code or a community control sanction as	6288
described in division (G)(2) of this section.	6289

(B)(1) Except as provided in division (B)(2), (E), (F), or	6290
(G) of this section, in sentencing an offender for a felony of the	6291
fourth or fifth degree, the sentencing court shall determine	6292
whether any of the following apply:	6293

(a) In committing the offense, the offender caused physical	6294
harm to a person.	6295

(b) In committing the offense, the offender attempted to	6296
cause or made an actual threat of physical harm to a person with a	6297
deadly weapon.	6298

(c) In committing the offense, the offender attempted to	6299
cause or made an actual threat of physical harm to a person, and	6300
the offender previously was convicted of an offense that caused	6301
physical harm to a person.	6302

(d) The offender held a public office or position of trust	6303
and the offense related to that office or position; the offender's	6304
position obliged the offender to prevent the offense or to bring	6305
those committing it to justice; or the offender's professional	6306
reputation or position facilitated the offense or was likely to	6307
influence the future conduct of others.	6308

(e) The offender committed the offense for hire or as part of	6309
an organized criminal activity.	6310

(f) The offense is a sex offense that is a fourth or fifth	6311
degree felony violation of section 2907.03, 2907.04, 2907.05,	6312
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	6313
Revised Code.	6314

(g) The offender at the time of the offense was serving, or	6315
the offender previously had served, a prison term.	6316

(h) The offender committed the offense while under a	6317
community control sanction, while on probation, or while released	6318
from custody on a bond or personal recognizance.	6319

(i) The offender committed the offense while in possession of	6320
a firearm.	6321

(2)(a) If the court makes a finding described in division	6322
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	6323
section and if the court, after considering the factors set forth	6324
in section 2929.12 of the Revised Code, finds that a prison term	6325
is consistent with the purposes and principles of sentencing set	6326
forth in section 2929.11 of the Revised Code and finds that the	6327
offender is not amenable to an available community control	6328
sanction, the court shall impose a prison term upon the offender.	6329

(b) Except as provided in division (E), (F), or (G) of this	6330
section, if the court does not make a finding described in	6331
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	6332
this section and if the court, after considering the factors set	6333
forth in section 2929.12 of the Revised Code, finds that a	6334
community control sanction or combination of community control	6335
sanctions is consistent with the purposes and principles of	6336
sentencing set forth in section 2929.11 of the Revised Code, the	6337
court shall impose a community control sanction or combination of	6338
community control sanctions upon the offender.	6339

(C) Except as provided in division (D), (E), (F), or (G) of	6340
this section, in determining whether to impose a prison term as a	6341
sanction for a felony of the third degree or a felony drug offense	6342
that is a violation of a provision of Chapter 2925. of the Revised	6343
Code and that is specified as being subject to this division for	6344
purposes of sentencing, the sentencing court shall comply with the	6345
purposes and principles of sentencing under section 2929.11 of the	6346
Revised Code and with section 2929.12 of the Revised Code.	6347

(D)(1) Except as provided in division (E) or (F) of this	6348
section, for a felony of the first or second degree, for a felony	6349
drug offense that is a violation of any provision of Chapter	6350
2925., 3719., or 4729. of the Revised Code for which a presumption	6351
in favor of a prison term is specified as being applicable, and	6352
for a violation of division (A)(4) or (B) of section 2907.05 of	6353
the Revised Code for which a presumption in favor of a prison term	6354
is specified as being applicable, it is presumed that a prison	6355
term is necessary in order to comply with the purposes and	6356
principles of sentencing under section 2929.11 of the Revised	6357
Code. Division (D)(2) of this section does not apply to a	6358
presumption established under this division for a violation of	6359
division (A)(4) of section 2907.05 of the Revised Code.	6360

(2) Notwithstanding the presumption established under	6361
division (D)(1) of this section for the offenses listed in that	6362
division other than a violation of division (A)(4) or (B) of	6363
section 2907.05 of the Revised Code, the sentencing court may	6364
impose a community control sanction or a combination of community	6365
control sanctions instead of a prison term on an offender for a	6366
felony of the first or second degree or for a felony drug offense	6367
that is a violation of any provision of Chapter 2925., 3719., or	6368
4729. of the Revised Code for which a presumption in favor of a	6369
prison term is specified as being applicable if it makes both of	6370
the following findings:	6371

(a) A community control sanction or a combination of	6372
community control sanctions would adequately punish the offender	6373
and protect the public from future crime, because the applicable	6374
factors under section 2929.12 of the Revised Code indicating a	6375
lesser likelihood of recidivism outweigh the applicable factors	6376
under that section indicating a greater likelihood of recidivism.	6377

(b) A community control sanction or a combination of	6378
community control sanctions would not demean the seriousness of	6379
the offense, because one or more factors under section 2929.12 of	6380
the Revised Code that indicate that the offender's conduct was	6381
less serious than conduct normally constituting the offense are	6382
applicable, and they outweigh the applicable factors under that	6383
section that indicate that the offender's conduct was more serious	6384
than conduct normally constituting the offense.	6385

(E)(1) Except as provided in division (F) of this section,	6386
for any drug offense that is a violation of any provision of	6387
Chapter 2925. of the Revised Code and that is a felony of the	6388
third, fourth, or fifth degree, the applicability of a presumption	6389
under division (D) of this section in favor of a prison term or of	6390
division (B) or (C) of this section in determining whether to	6391
impose a prison term for the offense shall be determined as	6392
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6393
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	6394
Revised Code, whichever is applicable regarding the violation.	6395

(2) If an offender who was convicted of or pleaded guilty to	6396
a felony violates the conditions of a community control sanction	6397
imposed for the offense solely by reason of producing positive	6398
results on a drug test, the court, as punishment for the violation	6399
of the sanction, shall not order that the offender be imprisoned	6400
unless the court determines on the record either of the following:	6401

(a) The offender had been ordered as a sanction for the	6402
felony to participate in a drug treatment program, in a drug	6403
education program, or in narcotics anonymous or a similar program,	6404
and the offender continued to use illegal drugs after a reasonable	6405
period of participation in the program.	6406

(b) The imprisonment of the offender for the violation is	6407
consistent with the purposes and principles of sentencing set	6408
forth in section 2929.11 of the Revised Code.	6409

(3) A court that sentences an offender for a drug abuse	6410
offense that is a felony of the third, fourth, or fifth degree may	6411
require that the offender be assessed by a properly credentialed	6412
professional within a specified period of time. The court shall	6413
require the professional to file a written assessment of the	6414
offender with the court. If the offender is eligible for a	6415
community control sanction and after considering the written	6416
assessment, the court may impose a community control sanction that	6417
includes treatment and recovery support services authorized by	6418
section 3793.02 of the Revised Code. If the court imposes	6419
treatment and recovery support services as a community control	6420
sanction, the court shall direct the level and type of treatment	6421
and recovery support services after considering the assessment and	6422
recommendation of treatment and recovery support services	6423
providers.	6424

(F) Notwithstanding divisions (A) to (E) of this section, the	6425
court shall impose a prison term or terms under sections 2929.02	6426
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	6427
of the Revised Code and except as specifically provided in section	6428
2929.20, division (K) of section 2967.19, or section 2967.191 of	6429
the Revised Code or when parole is authorized for the offense	6430
under section 2967.13 of the Revised Code shall not reduce the	6431
term or terms pursuant to section 2929.20, section 2967.19,	6432
section 2967.193, or any other provision of Chapter 2967. or	6433
Chapter 5120. of the Revised Code for any of the following	6434
offenses:	6435

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

6436

(2) Any rape, regardless of whether force was involved and	6437
regardless of the age of the victim, or an attempt to commit rape	6438
if, had the offender completed the rape that was attempted, the	6439
offender would have been guilty of a violation of division	6440
(A)(1)(b) of section 2907.02 of the Revised Code and would be	6441
sentenced under section 2971.03 of the Revised Code;	6442

(3) Gross sexual imposition or sexual battery, if the victim	6443
is less than thirteen years of age and if any of the following	6444
applies:	6445

(a) Regarding gross sexual imposition, the offender	6446
previously was convicted of or pleaded guilty to rape, the former	6447
offense of felonious sexual penetration, gross sexual imposition,	6448
or sexual battery, and the victim of the previous offense was	6449
less than thirteen years of age;	6450

(b) Regarding gross sexual imposition, the offense was	6451
committed on or after August 3, 2006, and evidence other than the	6452
testimony of the victim was admitted in the case corroborating the	6453
violation.	6454

(c) Regarding sexual battery, either of the following	6455
applies:	6456

(i) The offense was committed prior to August 3, 2006, the	6457
offender previously was convicted of or pleaded guilty to rape,	6458
the former offense of felonious sexual penetration, or sexual	6459
battery, and the victim of the previous offense was less than	6460
thirteen years of age.	6461

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

6462

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	6463
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	6464
section requires the imposition of a prison term;	6465

(5) A first, second, or third degree felony drug offense for	6466
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	6467
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	6468
4729.99 of the Revised Code, whichever is applicable regarding the	6469
violation, requires the imposition of a mandatory prison term;	6470

(6) Any offense that is a first or second degree felony and	6471
that is not set forth in division (F)(1), (2), (3), or (4) of this	6472
section, if the offender previously was convicted of or pleaded	6473
guilty to aggravated murder, murder, any first or second degree	6474
felony, or an offense under an existing or former law of this	6475
state, another state, or the United States that is or was	6476
substantially equivalent to one of those offenses;	6477

(7) Any offense that is a third degree felony and either is a	6478
violation of section 2903.04 of the Revised Code or an attempt to	6479
commit a felony of the second degree that is an offense of	6480
violence and involved an attempt to cause serious physical harm to	6481
a person or that resulted in serious physical harm to a person if	6482
the offender previously was convicted of or pleaded guilty to any	6483
of the following offenses:	6484

(a) Aggravated murder, murder, involuntary manslaughter,	6485
rape, felonious sexual penetration as it existed under section	6486
2907.12 of the Revised Code prior to September 3, 1996, a felony	6487
of the first or second degree that resulted in the death of a	6488
person or in physical harm to a person, or complicity in or an	6489
attempt to commit any of those offenses;	6490

(b) An offense under an existing or former law of this state,	6491
another state, or the United States that is or was substantially	6492
equivalent to an offense listed in division (F)(7)(a) of this	6493
section that resulted in the death of a person or in physical harm	6494
to a person.	6495

(8) Any offense, other than a violation of section 2923.12 of	6496
the Revised Code, that is a felony, if the offender had a firearm	6497
on or about the offender's person or under the offender's control	6498
while committing the felony, with respect to a portion of the	6499
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	6500
of the Revised Code for having the firearm;	6501

(9) Any offense of violence that is a felony, if the offender	6502
wore or carried body armor while committing the felony offense of	6503
violence, with respect to the portion of the sentence imposed	6504
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	6505
Code for wearing or carrying the body armor;	6506

(10) Corrupt activity in violation of section 2923.32 of the	6507
Revised Code when the most serious offense in the pattern of	6508
corrupt activity that is the basis of the offense is a felony of	6509
the first degree;	6510

(11) Any violent sex offense or designated homicide, assault,	6511
or kidnapping offense if, in relation to that offense, the	6512
offender is adjudicated a sexually violent predator;	6513

(12) A violation of division (A)(1) or (2) of section 2921.36	6514
of the Revised Code, or a violation of division (C) of that	6515
section involving an item listed in division (A)(1) or (2) of that	6516
section, if the offender is an officer or employee of the	6517
department of rehabilitation and correction;	6518

(13) A violation of division (A)(1) or (2) of section 2903.06	6519
of the Revised Code if the victim of the offense is a peace	6520
officer, as defined in section 2935.01 of the Revised Code, or an	6521
investigator of the bureau of criminal identification and	6522
investigation, as defined in section 2903.11 of the Revised Code,	6523
with respect to the portion of the sentence imposed pursuant to	6524
division (D)(5) of section 2929.14 of the Revised Code;	6525

(14) A violation of division (A)(1) or (2) of section 2903.06	6526
of the Revised Code if the offender has been convicted of or	6527
pleaded guilty to three or more violations of division (A) or (B)	6528
of section 4511.19 of the Revised Code or an equivalent offense,	6529
as defined in section 2941.1415 of the Revised Code, or three or	6530
more violations of any combination of those divisions and	6531
offenses, with respect to the portion of the sentence imposed	6532
pursuant to division (D)(6) of section 2929.14 of the Revised	6533
Code;	6534

(15) Kidnapping, in the circumstances specified in section	6535
2971.03 of the Revised Code and when no other provision of	6536
division (F) of this section applies;	6537

(16) Kidnapping, abduction, compelling prostitution,	6538
promoting prostitution, engaging in a pattern of corrupt activity,	6539
illegal use of a minor in a nudity-oriented material or	6540
performance in violation of division (A)(1) or (2) of section	6541
2907.323 of the Revised Code, or endangering children in violation	6542
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	6543
the Revised Code, if the offender is convicted of or pleads guilty	6544
to a specification as described in section 2941.1422 of the	6545
Revised Code that was included in the indictment, count in the	6546
indictment, or information charging the offense;	6547

(17) A felony violation of division (A) or (B) of section	6548
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	6549
that section, and division (A)(6) of that section, require the	6550
imposition of a prison term;	6551

(18) A felony violation of section 2903.11, 2903.12, or	6552
2903.13 of the Revised Code, if the victim of the offense was a	6553
woman that the offender knew was pregnant at the time of the	6554
violation, with respect to a portion of the sentence imposed	6555
pursuant to division (D)(8) of section 2929.14 of the Revised	6556
Code.	6557

(G) Notwithstanding divisions (A) to (E) of this section, if	6558
an offender is being sentenced for a fourth degree felony OVI	6559
offense or for a third degree felony OVI offense, the court shall	6560
impose upon the offender a mandatory term of local incarceration	6561
or a mandatory prison term in accordance with the following:	6562

(1) If the offender is being sentenced for a fourth degree	6563
felony OVI offense and if the offender has not been convicted of	6564
and has not pleaded guilty to a specification of the type	6565
described in section 2941.1413 of the Revised Code, the court may	6566
impose upon the offender a mandatory term of local incarceration	6567
of sixty days or one hundred twenty days as specified in division	6568
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	6569
not reduce the term pursuant to section 2929.20, 2967.193, or any	6570
other provision of the Revised Code. The court that imposes a	6571
mandatory term of local incarceration under this division shall	6572
specify whether the term is to be served in a jail, a	6573
community-based correctional facility, a halfway house, or an	6574
alternative residential facility, and the offender shall serve the	6575
term in the type of facility specified by the court. A mandatory	6576
term of local incarceration imposed under division (G)(1) of this	6577
section is not subject to any other Revised Code provision that	6578
pertains to a prison term except as provided in division (A)(1) of	6579
this section.	6580

(2) If the offender is being sentenced for a third degree	6581
felony OVI offense, or if the offender is being sentenced for a	6582
fourth degree felony OVI offense and the court does not impose a	6583
mandatory term of local incarceration under division (G)(1) of	6584
this section, the court shall impose upon the offender a mandatory	6585
prison term of one, two, three, four, or five years if the	6586
offender also is convicted of or also pleads guilty to a	6587
specification of the type described in section 2941.1413 of the	6588
Revised Code or shall impose upon the offender a mandatory prison	6589
term of sixty days or one hundred twenty days as specified in	6590
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	6591
if the offender has not been convicted of and has not pleaded	6592
guilty to a specification of that type. ~~The~~Subject to division	6593
(K) of section 2967.19 of the Revised Code, the court shall not	6594
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	6595
any other provision of the Revised Code. The offender shall serve	6596
the one-, two-, three-, four-, or five-year mandatory prison term	6597
consecutively to and prior to the prison term imposed for the	6598
underlying offense and consecutively to any other mandatory prison	6599
term imposed in relation to the offense. In no case shall an	6600
offender who once has been sentenced to a mandatory term of local	6601
incarceration pursuant to division (G)(1) of this section for a	6602
fourth degree felony OVI offense be sentenced to another mandatory	6603
term of local incarceration under that division for any violation	6604
of division (A) of section 4511.19 of the Revised Code. In	6605
addition to the mandatory prison term described in division (G)(2)	6606
of this section, the court may sentence the offender to a	6607
community control sanction under section 2929.16 or 2929.17 of the	6608
Revised Code, but the offender shall serve the prison term prior	6609
to serving the community control sanction. The department of	6610
rehabilitation and correction may place an offender sentenced to a	6611
mandatory prison term under this division in an intensive program	6612
prison established pursuant to section 5120.033 of the Revised	6613
Code if the department gave the sentencing judge prior notice of	6614
its intent to place the offender in an intensive program prison	6615
established under that section and if the judge did not notify the	6616
department that the judge disapproved the placement. Upon the	6617
establishment of the initial intensive program prison pursuant to	6618
section 5120.033 of the Revised Code that is privately operated	6619
and managed by a contractor pursuant to a contract entered into	6620
under section 9.06 of the Revised Code, both of the following	6621
apply:	6622

(a) The department of rehabilitation and correction shall	6623
make a reasonable effort to ensure that a sufficient number of	6624
offenders sentenced to a mandatory prison term under this division	6625
are placed in the privately operated and managed prison so that	6626
the privately operated and managed prison has full occupancy.	6627

(b) Unless the privately operated and managed prison has full	6628
occupancy, the department of rehabilitation and correction shall	6629
not place any offender sentenced to a mandatory prison term under	6630
this division in any intensive program prison established pursuant	6631
to section 5120.033 of the Revised Code other than the privately	6632
operated and managed prison.	6633

(H) If an offender is being sentenced for a sexually oriented	6634
offense or child-victim oriented offense that is a felony	6635
committed on or after January 1, 1997, the judge shall require the	6636
offender to submit to a DNA specimen collection procedure pursuant	6637
to section 2901.07 of the Revised Code.	6638

(I) If an offender is being sentenced for a sexually oriented	6639
offense or a child-victim oriented offense committed on or after	6640
January 1, 1997, the judge shall include in the sentence a summary	6641
of the offender's duties imposed under sections 2950.04, 2950.041,	6642
2950.05, and 2950.06 of the Revised Code and the duration of the	6643
duties. The judge shall inform the offender, at the time of	6644
sentencing, of those duties and of their duration. If required	6645
under division (A)(2) of section 2950.03 of the Revised Code, the	6646
judge shall perform the duties specified in that section, or, if	6647
required under division (A)(6) of section 2950.03 of the Revised	6648
Code, the judge shall perform the duties specified in that	6649
division.	6650

(J)(1) Except as provided in division (J)(2) of this section,	6651
when considering sentencing factors under this section in relation	6652
to an offender who is convicted of or pleads guilty to an attempt	6653
to commit an offense in violation of section 2923.02 of the	6654
Revised Code, the sentencing court shall consider the factors	6655
applicable to the felony category of the violation of section	6656
2923.02 of the Revised Code instead of the factors applicable to	6657
the felony category of the offense attempted.	6658

(2) When considering sentencing factors under this section in	6659
relation to an offender who is convicted of or pleads guilty to an	6660
attempt to commit a drug abuse offense for which the penalty is	6661
determined by the amount or number of unit doses of the controlled	6662
substance involved in the drug abuse offense, the sentencing court	6663
shall consider the factors applicable to the felony category that	6664
the drug abuse offense attempted would be if that drug abuse	6665
offense had been committed and had involved an amount or number of	6666
unit doses of the controlled substance that is within the next	6667
lower range of controlled substance amounts than was involved in	6668
the attempt.	6669

(K) As used in this section, "drug abuse offense" has the	6670
same meaning as in section 2925.01 of the Revised Code.	6671

(L) At the time of sentencing an offender for any sexually	6672
oriented offense, if the offender is a tier III sex	6673
offender/child-victim offender relative to that offense and the	6674
offender does not serve a prison term or jail term, the court may	6675
require that the offender be monitored by means of a global	6676
positioning device. If the court requires such monitoring, the	6677
cost of monitoring shall be borne by the offender. If the offender	6678
is indigent, the cost of compliance shall be paid by the crime	6679
victims reparations fund.	6680

Sec. 2929.14. (A) Except as provided in division (C),	6681
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	6682
(G), (I), (J), or (L) of this section or in division (D)(6) of	6683
section 2919.25 of the Revised Code and except in relation to an	6684
offense for which a sentence of death or life imprisonment is to	6685
be imposed, if the court imposing a sentence upon an offender for	6686
a felony elects or is required to impose a prison term on the	6687
offender pursuant to this chapter, the court shall impose a	6688
definite prison term that shall be one of the following:	6689

(1) For a felony of the first degree, the prison term shall	6690
be three, four, five, six, seven, eight, nine, or ten years.	6691

(2) For a felony of the second degree, the prison term shall	6692
be two, three, four, five, six, seven, or eight years.	6693

(3) For a felony of the third degree, the prison term shall	6694
be one, two, three, four, or five years.	6695

(4) For a felony of the fourth degree, the prison term shall	6696
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	6697
fourteen, fifteen, sixteen, seventeen, or eighteen months.	6698

(5) For a felony of the fifth degree, the prison term shall	6699
be six, seven, eight, nine, ten, eleven, or twelve months.	6700

(B) Except as provided in division (C), (D)(1), (D)(2),	6701
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	6702
this section, in section 2907.02 , 2907.05, or 2919.25 of the	6703
Revised Code, or in Chapter 2925. of the Revised Code, if the	6704
court imposing a sentence upon an offender for a felony elects or	6705
is required to impose a prison term on the offender, the court	6706
shall impose the shortest prison term authorized for the offense	6707
pursuant to division (A) of this section, unless one or more of	6708
the following applies:	6709

(1) The offender was serving a prison term at the time of the	6710
offense, or the offender previously had served a prison term.	6711

(2) The court finds on the record that the shortest prison	6712
term will demean the seriousness of the offender's conduct or will	6713
not adequately protect the public from future crime by the	6714
offender or others.	6715

(C) Except as provided in division (D)(7), (D)(8), (G), or	6716
(L) of this section, in section 2919.25 of the Revised Code, or in	6717
Chapter 2925. of the Revised Code, the court imposing a sentence	6718
upon an offender for a felony may impose the longest prison term	6719
authorized for the offense pursuant to division (A) of this	6720
section only upon offenders who committed the worst forms of the	6721
offense, upon offenders who pose the greatest likelihood of	6722
committing future crimes, upon certain major drug offenders under	6723
division (D)(3) of this section, and upon certain repeat violent	6724
offenders in accordance with division (D)(2) of this section.	6725

(D)(1)(a) Except as provided in division (D)(1)(e) of this	6726
section, if an offender who is convicted of or pleads guilty to a	6727
felony also is convicted of or pleads guilty to a specification of	6728
the type described in section 2941.141, 2941.144, or 2941.145 of	6729
the Revised Code, the court shall impose on the offender one of	6730
the following prison terms:	6731

(i) A prison term of six years if the specification is of the	6732
type described in section 2941.144 of the Revised Code that	6733
charges the offender with having a firearm that is an automatic	6734
firearm or that was equipped with a firearm muffler or silencer on	6735
or about the offender's person or under the offender's control	6736
while committing the felony;	6737

(ii) A prison term of three years if the specification is of	6738
the type described in section 2941.145 of the Revised Code that	6739
charges the offender with having a firearm on or about the	6740
offender's person or under the offender's control while committing	6741
the offense and displaying the firearm, brandishing the firearm,	6742
indicating that the offender possessed the firearm, or using it to	6743
facilitate the offense;	6744

(iii) A prison term of one year if the specification is of	6745
the type described in section 2941.141 of the Revised Code that	6746
charges the offender with having a firearm on or about the	6747
offender's person or under the offender's control while committing	6748
the felony.	6749

(b) If a court imposes a prison term on an offender under	6750
division (D)(1)(a) of this section, subject to division (K) of	6751
section 2967.19 of the Revised Code, the prison term shall not be	6752
reduced pursuant to section 2967.19, section 2929.20, section	6753
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	6754
of the Revised Code. Except as provided in division (D)(1)(g) of	6755
this section, a court shall not impose more than one prison term	6756
on an offender under division (D)(1)(a) of this section for	6757
felonies committed as part of the same act or transaction.	6758

(c) Except as provided in division (D)(1)(e) of this section,	6759
if an offender who is convicted of or pleads guilty to a violation	6760
of section 2923.161 of the Revised Code or to a felony that	6761
includes, as an essential element, purposely or knowingly causing	6762
or attempting to cause the death of or physical harm to another,	6763
also is convicted of or pleads guilty to a specification of the	6764
type described in section 2941.146 of the Revised Code that	6765
charges the offender with committing the offense by discharging a	6766
firearm from a motor vehicle other than a manufactured home, the	6767
court, after imposing a prison term on the offender for the	6768
violation of section 2923.161 of the Revised Code or for the other	6769
felony offense under division (A), (D)(2), or (D)(3) of this	6770
section, shall impose an additional prison term of five years upon	6771
the offender that,subject to division (K) of section 2967.19 of	6772
the Revised Code, shall not be reduced pursuant to section	6773
2929.20, section 2967.19, section 2967.193, or any other provision	6774
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	6775
shall not impose more than one additional prison term on an	6776
offender under division (D)(1)(c) of this section for felonies	6777
committed as part of the same act or transaction. If a court	6778
imposes an additional prison term on an offender under division	6779
(D)(1)(c) of this section relative to an offense, the court also	6780
shall impose a prison term under division (D)(1)(a) of this	6781
section relative to the same offense, provided the criteria	6782
specified in that division for imposing an additional prison term	6783
are satisfied relative to the offender and the offense.	6784

(d) If an offender who is convicted of or pleads guilty to an	6785
offense of violence that is a felony also is convicted of or	6786
pleads guilty to a specification of the type described in section	6787
2941.1411 of the Revised Code that charges the offender with	6788
wearing or carrying body armor while committing the felony offense	6789
of violence, the court shall impose on the offender a prison term	6790
of two years. The prison term so imposed, subject to division (K)	6791
of section 2967.19 of the Revised Code, shall not be reduced	6792
pursuant to section 2929.20, section 2967.19, section 2967.193, or	6793
any other provision of Chapter 2967. or Chapter 5120. of the	6794
Revised Code. A court shall not impose more than one prison term	6795
on an offender under division (D)(1)(d) of this section for	6796
felonies committed as part of the same act or transaction. If a	6797
court imposes an additional prison term under division (D)(1)(a)	6798
or (c) of this section, the court is not precluded from imposing	6799
an additional prison term under division (D)(1)(d) of this	6800
section.	6801

(e) The court shall not impose any of the prison terms	6802
described in division (D)(1)(a) of this section or any of the	6803
additional prison terms described in division (D)(1)(c) of this	6804
section upon an offender for a violation of section 2923.12 or	6805
2923.123 of the Revised Code. The court shall not impose any of	6806
the prison terms described in division (D)(1)(a) or (b) of this	6807
section upon an offender for a violation of section 2923.122 that	6808
involves a deadly weapon that is a firearm other than a dangerous	6809
ordnance, section 2923.16, or section 2923.121 of the Revised	6810
Code. The court shall not impose any of the prison terms described	6811
in division (D)(1)(a) of this section or any of the additional	6812
prison terms described in division (D)(1)(c) of this section upon	6813
an offender for a violation of section 2923.13 of the Revised Code	6814
unless all of the following apply:	6815

(i) The offender previously has been convicted of aggravated	6816
murder, murder, or any felony of the first or second degree.	6817

(ii) Less than five years have passed since the offender was	6818
released from prison or post-release control, whichever is later,	6819
for the prior offense.	6820

(f) If an offender is convicted of or pleads guilty to a	6821
felony that includes, as an essential element, causing or	6822
attempting to cause the death of or physical harm to another and	6823
also is convicted of or pleads guilty to a specification of the	6824
type described in section 2941.1412 of the Revised Code that	6825
charges the offender with committing the offense by discharging a	6826
firearm at a peace officer as defined in section 2935.01 of the	6827
Revised Code or a corrections officer, as defined in section	6828
2941.1412 of the Revised Code, the court, after imposing a prison	6829
term on the offender for the felony offense under division (A),	6830
(D)(2), or (D)(3) of this section, shall impose an additional	6831
prison term of seven years upon the offender that, subject to	6832
division (K) of section 2967.28 of the Revised Code, shall not be	6833
reduced pursuant to section 2929.20, section 2967.19, section	6834
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	6835
of the Revised Code. If an offender is convicted of or pleads	6836
guilty to two or more felonies that include, as an essential	6837
element, causing or attempting to cause the death or physical harm	6838
to another and also is convicted of or pleads guilty to a	6839
specification of the type described under division (D)(1)(f) of	6840
this section in connection with two or more of the felonies of	6841
which the offender is convicted or to which the offender pleads	6842
guilty, the sentencing court shall impose on the offender the	6843
prison term specified under division (D)(1)(f) of this section for	6844
each of two of the specifications of which the offender is	6845
convicted or to which the offender pleads guilty and, in its	6846
discretion, also may impose on the offender the prison term	6847
specified under that division for any or all of the remaining	6848
specifications. If a court imposes an additional prison term on an	6849
offender under division (D)(1)(f) of this section relative to an	6850
offense, the court shall not impose a prison term under division	6851
(D)(1)(a) or (c) of this section relative to the same offense.	6852

(g) If an offender is convicted of or pleads guilty to two or	6853
more felonies, if one or more of those felonies is aggravated	6854
murder, murder, attempted aggravated murder, attempted murder,	6855
aggravated robbery, felonious assault, or rape, and if the	6856
offender is convicted of or pleads guilty to a specification of	6857
the type described under division (D)(1)(a) of this section in	6858
connection with two or more of the felonies, the sentencing court	6859
shall impose on the offender the prison term specified under	6860
division (D)(1)(a) of this section for each of the two most	6861
serious specifications of which the offender is convicted or to	6862
which the offender pleads guilty and, in its discretion, also may	6863
impose on the offender the prison term specified under that	6864
division for any or all of the remaining specifications.	6865

(2)(a) If division (D)(2)(b) of this section does not apply,	6866
the court may impose on an offender, in addition to the longest	6867
prison term authorized or required for the offense, an additional	6868
definite prison term of one, two, three, four, five, six, seven,	6869
eight, nine, or ten years if all of the following criteria are	6870
met:	6871

(i) The offender is convicted of or pleads guilty to a	6872
specification of the type described in section 2941.149 of the	6873
Revised Code that the offender is a repeat violent offender.	6874

(ii) The offense of which the offender currently is convicted	6875
or to which the offender currently pleads guilty is aggravated	6876
murder and the court does not impose a sentence of death or life	6877
imprisonment without parole, murder, terrorism and the court does	6878
not impose a sentence of life imprisonment without parole, any	6879
felony of the first degree that is an offense of violence and the	6880
court does not impose a sentence of life imprisonment without	6881
parole, or any felony of the second degree that is an offense of	6882
violence and the trier of fact finds that the offense involved an	6883
attempt to cause or a threat to cause serious physical harm to a	6884
person or resulted in serious physical harm to a person.	6885

(iii) The court imposes the longest prison term for the	6886
offense that is not life imprisonment without parole.	6887

(iv) The court finds that the prison terms imposed pursuant	6888
to division (D)(2)(a)(iii) of this section and, if applicable,	6889
division (D)(1) or (3) of this section are inadequate to punish	6890
the offender and protect the public from future crime, because the	6891
applicable factors under section 2929.12 of the Revised Code	6892
indicating a greater likelihood of recidivism outweigh the	6893
applicable factors under that section indicating a lesser	6894
likelihood of recidivism.	6895

(v) The court finds that the prison terms imposed pursuant to	6896
division (D)(2)(a)(iii) of this section and, if applicable,	6897
division (D)(1) or (3) of this section are demeaning to the	6898
seriousness of the offense, because one or more of the factors	6899
under section 2929.12 of the Revised Code indicating that the	6900
offender's conduct is more serious than conduct normally	6901
constituting the offense are present, and they outweigh the	6902
applicable factors under that section indicating that the	6903
offender's conduct is less serious than conduct normally	6904
constituting the offense.	6905

(b) The court shall impose on an offender the longest prison	6906
term authorized or required for the offense and shall impose on	6907
the offender an additional definite prison term of one, two,	6908
three, four, five, six, seven, eight, nine, or ten years if all of	6909
the following criteria are met:	6910

(i) The offender is convicted of or pleads guilty to a	6911
specification of the type described in section 2941.149 of the	6912
Revised Code that the offender is a repeat violent offender.	6913

(ii) The offender within the preceding twenty years has been	6914
convicted of or pleaded guilty to three or more offenses described	6915
in division (CC)(1) of section 2929.01 of the Revised Code,	6916
including all offenses described in that division of which the	6917
offender is convicted or to which the offender pleads guilty in	6918
the current prosecution and all offenses described in that	6919
division of which the offender previously has been convicted or to	6920
which the offender previously pleaded guilty, whether prosecuted	6921
together or separately.	6922

(iii) The offense or offenses of which the offender currently	6923
is convicted or to which the offender currently pleads guilty is	6924
aggravated murder and the court does not impose a sentence of	6925
death or life imprisonment without parole, murder, terrorism and	6926
the court does not impose a sentence of life imprisonment without	6927
parole, any felony of the first degree that is an offense of	6928
violence and the court does not impose a sentence of life	6929
imprisonment without parole, or any felony of the second degree	6930
that is an offense of violence and the trier of fact finds that	6931
the offense involved an attempt to cause or a threat to cause	6932
serious physical harm to a person or resulted in serious physical	6933
harm to a person.	6934

(c) For purposes of division (D)(2)(b) of this section, two	6935
or more offenses committed at the same time or as part of the same	6936
act or event shall be considered one offense, and that one offense	6937
shall be the offense with the greatest penalty.	6938

(d) A sentence imposed under division (D)(2)(a) or (b) of	6939
this section, subject to division (K) of section 2967.19 of the	6940
Revised Code, shall not be reduced pursuant to section 2929.20,	6941
section 2967.19, or section 2967.193, or any other provision of	6942
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	6943
shall serve an additional prison term imposed under this section	6944
consecutively to and prior to the prison term imposed for the	6945
underlying offense.	6946

(e) When imposing a sentence pursuant to division (D)(2)(a)	6947
or (b) of this section, the court shall state its findings	6948
explaining the imposed sentence.	6949

(3)(a) Except when an offender commits a violation of section	6950
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	6951
the violation is life imprisonment or commits a violation of	6952
section 2903.02 of the Revised Code, if the offender commits a	6953
violation of section 2925.03 or 2925.11 of the Revised Code and	6954
that section classifies the offender as a major drug offender and	6955
requires the imposition of a ten-year prison term on the offender,	6956
if the offender commits a felony violation of section 2925.02,	6957
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	6958
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	6959
division (C) of section 4729.51, or division (J) of section	6960
4729.54 of the Revised Code that includes the sale, offer to sell,	6961
or possession of a schedule I or II controlled substance, with the	6962
exception of marihuana, and the court imposing sentence upon the	6963
offender finds that the offender is guilty of a specification of	6964
the type described in section 2941.1410 of the Revised Code	6965
charging that the offender is a major drug offender, if the court	6966
imposing sentence upon an offender for a felony finds that the	6967
offender is guilty of corrupt activity with the most serious	6968
offense in the pattern of corrupt activity being a felony of the	6969
first degree, or if the offender is guilty of an attempted	6970
violation of section 2907.02 of the Revised Code and, had the	6971
offender completed the violation of section 2907.02 of the Revised	6972
Code that was attempted, the offender would have been subject to a	6973
sentence of life imprisonment or life imprisonment without parole	6974
for the violation of section 2907.02 of the Revised Code, the	6975
court shall impose upon the offender for the felony violation a	6976
ten-year prison term that, subject to division (K) of section	6977
2967.19 of the Revised Code, cannot be reduced pursuant to section	6978
2929.20, section 2967.19, or any other provision of Chapter 2967.	6979
or 5120. of the Revised Code.	6980

(b) The court imposing a prison term on an offender under	6981
division (D)(3)(a) of this section may impose an additional prison	6982
term of one, two, three, four, five, six, seven, eight, nine, or	6983
ten years, if the court, with respect to the term imposed under	6984
division (D)(3)(a) of this section and, if applicable, divisions	6985
(D)(1) and (2) of this section, makes both of the findings set	6986
forth in divisions (D)(2)(a)(iv) and (v) of this section.	6987

(4) If the offender is being sentenced for a third or fourth	6988
degree felony OVI offense under division (G)(2) of section 2929.13	6989
of the Revised Code, the sentencing court shall impose upon the	6990
offender a mandatory prison term in accordance with that division.	6991
In addition to the mandatory prison term, if the offender is being	6992
sentenced for a fourth degree felony OVI offense, the court,	6993
notwithstanding division (A)(4) of this section, may sentence the	6994
offender to a definite prison term of not less than six months and	6995
not more than thirty months, and if the offender is being	6996
sentenced for a third degree felony OVI offense, the sentencing	6997
court may sentence the offender to an additional prison term of	6998
any duration specified in division (A)(3) of this section. In	6999
either case, the additional prison term imposed shall be reduced	7000
by the sixty or one hundred twenty days imposed upon the offender	7001
as the mandatory prison term. The total of the additional prison	7002
term imposed under division (D)(4) of this section plus the sixty	7003
or one hundred twenty days imposed as the mandatory prison term	7004
shall equal a definite term in the range of six months to thirty	7005
months for a fourth degree felony OVI offense and shall equal one	7006
of the authorized prison terms specified in division (A)(3) of	7007
this section for a third degree felony OVI offense. If the court	7008
imposes an additional prison term under division (D)(4) of this	7009
section, the offender shall serve the additional prison term after	7010
the offender has served the mandatory prison term required for the	7011
offense. In addition to the mandatory prison term or mandatory and	7012
additional prison term imposed as described in division (D)(4) of	7013
this section, the court also may sentence the offender to a	7014
community control sanction under section 2929.16 or 2929.17 of the	7015
Revised Code, but the offender shall serve all of the prison terms	7016
so imposed prior to serving the community control sanction.	7017

If the offender is being sentenced for a fourth degree felony	7018
OVI offense under division (G)(1) of section 2929.13 of the	7019
Revised Code and the court imposes a mandatory term of local	7020
incarceration, the court may impose a prison term as described in	7021
division (A)(1) of that section.	7022

(5) If an offender is convicted of or pleads guilty to a	7023
violation of division (A)(1) or (2) of section 2903.06 of the	7024
Revised Code and also is convicted of or pleads guilty to a	7025
specification of the type described in section 2941.1414 of the	7026
Revised Code that charges that the victim of the offense is a	7027
peace officer, as defined in section 2935.01 of the Revised Code,	7028
or an investigator of the bureau of criminal identification and	7029
investigation, as defined in section 2903.11 of the Revised Code,	7030
the court shall impose on the offender a prison term of five	7031
years. If a court imposes a prison term on an offender under	7032
division (D)(5) of this section, the prison term, subject to	7033
division (K) of section 2967.19 of the Revised Code, shall not be	7034
reduced pursuant to section 2929.20, section 2967.19, section	7035
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	7036
of the Revised Code. A court shall not impose more than one prison	7037
term on an offender under division (D)(5) of this section for	7038
felonies committed as part of the same act.	7039

(6) If an offender is convicted of or pleads guilty to a	7040
violation of division (A)(1) or (2) of section 2903.06 of the	7041
Revised Code and also is convicted of or pleads guilty to a	7042
specification of the type described in section 2941.1415 of the	7043
Revised Code that charges that the offender previously has been	7044
convicted of or pleaded guilty to three or more violations of	7045
division (A) or (B) of section 4511.19 of the Revised Code or an	7046
equivalent offense, as defined in section 2941.1415 of the Revised	7047
Code, or three or more violations of any combination of those	7048
divisions and offenses, the court shall impose on the offender a	7049
prison term of three years. If a court imposes a prison term on an	7050
offender under division (D)(6) of this section, the prison term,	7051
subject to division (K) of section 2967.19 of the Revised Code,	7052
shall not be reduced pursuant to section 2929.20, section 2967.19,	7053
section 2967.193, or any other provision of Chapter 2967. or	7054
Chapter 5120. of the Revised Code. A court shall not impose more	7055
than one prison term on an offender under division (D)(6) of this	7056
section for felonies committed as part of the same act.	7057

(7)(a) If an offender is convicted of or pleads guilty to a	7058
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	7059
2923.32, division (A)(1) or (2) of section 2907.323, or division	7060
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	7061
Code and also is convicted of or pleads guilty to a specification	7062
of the type described in section 2941.1422 of the Revised Code	7063
that charges that the offender knowingly committed the offense in	7064
furtherance of human trafficking, the court shall impose on the	7065
offender a mandatory prison term that is one of the following:	7066

(i) If the offense is a felony of the first degree, a	7067
definite prison term of not less than five years and not greater	7068
than ten years;	7069

(ii) If the offense is a felony of the second or third	7070
degree, a definite prison term of not less than three years and	7071
not greater than the maximum prison term allowed for the offense	7072
by division (A) of section 2929.14 of the Revised Code;	7073

(iii) If the offense is a felony of the fourth or fifth	7074
degree, a definite prison term that is the maximum prison term	7075
allowed for the offense by division (A) of section 2929.14 of the	7076
Revised Code.	7077

(b) ~~The~~Subject to division (K) of section 2967.19 of the	7078
Revised Code, the prison term imposed under division (D)(7)(a) of	7079
this section shall not be reduced pursuant to section 2929.20,	7080
section 2967.19, section 2967.193, or any other provision of	7081
Chapter 2967. of the Revised Code. A court shall not impose more	7082
than one prison term on an offender under division (D)(7)(a) of	7083
this section for felonies committed as part of the same act,	7084
scheme, or plan.	7085

(8) If an offender is convicted of or pleads guilty to a	7086
felony violation of section 2903.11, 2903.12, or 2903.13 of the	7087
Revised Code and also is convicted of or pleads guilty to a	7088
specification of the type described in section 2941.1423 of the	7089
Revised Code that charges that the victim of the violation was a	7090
woman whom the offender knew was pregnant at the time of the	7091
violation, notwithstanding the range of prison terms prescribed in	7092
division (A) of this section for felonies of the same degree as	7093
the violation, the court shall impose on the offender a mandatory	7094
prison term that is either a definite prison term of six months or	7095
one of the prison terms prescribed in section 2929.14 of the	7096
Revised Code for felonies of the same degree as the violation.	7097

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	7098
mandatory prison term is imposed upon an offender pursuant to	7099
division (D)(1)(a) of this section for having a firearm on or	7100
about the offender's person or under the offender's control while	7101
committing a felony, if a mandatory prison term is imposed upon an	7102
offender pursuant to division (D)(1)(c) of this section for	7103
committing a felony specified in that division by discharging a	7104
firearm from a motor vehicle, or if both types of mandatory prison	7105
terms are imposed, the offender shall serve any mandatory prison	7106
term imposed under either division consecutively to any other	7107
mandatory prison term imposed under either division or under	7108
division (D)(1)(d) of this section, consecutively to and prior to	7109
any prison term imposed for the underlying felony pursuant to	7110
division (A), (D)(2), or (D)(3) of this section or any other	7111
section of the Revised Code, and consecutively to any other prison	7112
term or mandatory prison term previously or subsequently imposed	7113
upon the offender.	7114

(b) If a mandatory prison term is imposed upon an offender	7115
pursuant to division (D)(1)(d) of this section for wearing or	7116
carrying body armor while committing an offense of violence that	7117
is a felony, the offender shall serve the mandatory term so	7118
imposed consecutively to any other mandatory prison term imposed	7119
under that division or under division (D)(1)(a) or (c) of this	7120
section, consecutively to and prior to any prison term imposed for	7121
the underlying felony under division (A), (D)(2), or (D)(3) of	7122
this section or any other section of the Revised Code, and	7123
consecutively to any other prison term or mandatory prison term	7124
previously or subsequently imposed upon the offender.	7125

(c) If a mandatory prison term is imposed upon an offender	7126
pursuant to division (D)(1)(f) of this section, the offender shall	7127
serve the mandatory prison term so imposed consecutively to and	7128
prior to any prison term imposed for the underlying felony under	7129
division (A), (D)(2), or (D)(3) of this section or any other	7130
section of the Revised Code, and consecutively to any other prison	7131
term or mandatory prison term previously or subsequently imposed	7132
upon the offender.	7133

(d) If a mandatory prison term is imposed upon an offender	7134
pursuant to division (D)(7) or (8) of this section, the offender	7135
shall serve the mandatory prison term so imposed consecutively to	7136
any other mandatory prison term imposed under that division or	7137
under any other provision of law and consecutively to any other	7138
prison term or mandatory prison term previously or subsequently	7139
imposed upon the offender.	7140

(2) If an offender who is an inmate in a jail, prison, or	7141
other residential detention facility violates section 2917.02,	7142
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	7143
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	7144
offender who is under detention at a detention facility commits a	7145
felony violation of section 2923.131 of the Revised Code, or if an	7146
offender who is an inmate in a jail, prison, or other residential	7147
detention facility or is under detention at a detention facility	7148
commits another felony while the offender is an escapee in	7149
violation of division (A)(1) or (2) of section 2921.34 of the	7150
Revised Code, any prison term imposed upon the offender for one of	7151
those violations shall be served by the offender consecutively to	7152
the prison term or term of imprisonment the offender was serving	7153
when the offender committed that offense and to any other prison	7154
term previously or subsequently imposed upon the offender.	7155

(3) If a prison term is imposed for a violation of division	7156
(B) of section 2911.01 of the Revised Code, a violation of	7157
division (A) of section 2913.02 of the Revised Code in which the	7158
stolen property is a firearm or dangerous ordnance, or a felony	7159
violation of division (B) of section 2921.331 of the Revised Code,	7160
the offender shall serve that prison term consecutively to any	7161
other prison term or mandatory prison term previously or	7162
subsequently imposed upon the offender.	7163

(4) If multiple prison terms are imposed on an offender for	7164
convictions of multiple offenses, the court may require the	7165
offender to serve the prison terms consecutively if the court	7166
finds that the consecutive service is necessary to protect the	7167
public from future crime or to punish the offender and that	7168
consecutive sentences are not disproportionate to the seriousness	7169
of the offender's conduct and to the danger the offender poses to	7170
the public, and if the court also finds any of the following:	7171

(a) The offender committed one or more of the multiple	7172
offenses while the offender was awaiting trial or sentencing, was	7173
under a sanction imposed pursuant to section 2929.16, 2929.17, or	7174
2929.18 of the Revised Code, or was under post-release control for	7175
a prior offense.	7176

(b) At least two of the multiple offenses were committed as	7177
part of one or more courses of conduct, and the harm caused by two	7178
or more of the multiple offenses so committed was so great or	7179
unusual that no single prison term for any of the offenses	7180
committed as part of any of the courses of conduct adequately	7181
reflects the seriousness of the offender's conduct.	7182

(c) The offender's history of criminal conduct demonstrates	7183
that consecutive sentences are necessary to protect the public	7184
from future crime by the offender.	7185

(5) If a mandatory prison term is imposed upon an offender	7186
pursuant to division (D)(5) or (6) of this section, the offender	7187
shall serve the mandatory prison term consecutively to and prior	7188
to any prison term imposed for the underlying violation of	7189
division (A)(1) or (2) of section 2903.06 of the Revised Code	7190
pursuant to division (A) of this section or section 2929.142 of	7191
the Revised Code. If a mandatory prison term is imposed upon an	7192
offender pursuant to division (D)(5) of this section, and if a	7193
mandatory prison term also is imposed upon the offender pursuant	7194
to division (D)(6) of this section in relation to the same	7195
violation, the offender shall serve the mandatory prison term	7196
imposed pursuant to division (D)(5) of this section consecutively	7197
to and prior to the mandatory prison term imposed pursuant to	7198
division (D)(6) of this section and consecutively to and prior to	7199
any prison term imposed for the underlying violation of division	7200
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	7201
division (A) of this section or section 2929.142 of the Revised	7202
Code.	7203

(6) When consecutive prison terms are imposed pursuant to	7204
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	7205
of this section, the term to be served is the aggregate of all of	7206
the terms so imposed.	7207

(F)(1) If a court imposes a prison term for a felony of the	7208
first degree, for a felony of the second degree, for a felony sex	7209
offense, or for a felony of the third degree that is not a felony	7210
sex offense and in the commission of which the offender caused or	7211
threatened to cause physical harm to a person, it shall include in	7212
the sentence a requirement that the offender be subject to a	7213
period of post-release control after the offender's release from	7214
imprisonment, in accordance with that division. If a court imposes	7215
a sentence including a prison term of a type described in this	7216
division on or after July 11, 2006, the failure of a court to	7217
include a post-release control requirement in the sentence	7218
pursuant to this division does not negate, limit, or otherwise	7219
affect the mandatory period of post-release control that is	7220
required for the offender under division (B) of section 2967.28 of	7221
the Revised Code. Section 2929.191 of the Revised Code applies if,	7222
prior to July 11, 2006, a court imposed a sentence including a	7223
prison term of a type described in this division and failed to	7224
include in the sentence pursuant to this division a statement	7225
regarding post-release control.	7226

(2) If a court imposes a prison term for a felony of the	7227
third, fourth, or fifth degree that is not subject to division	7228
(F)(1) of this section, it shall include in the sentence a	7229
requirement that the offender be subject to a period of	7230
post-release control after the offender's release from	7231
imprisonment, in accordance with that division, if the parole	7232
board determines that a period of post-release control is	7233
necessary. Section 2929.191 of the Revised Code applies if, prior	7234
to July 11, 2006, a court imposed a sentence including a prison	7235
term of a type described in this division and failed to include in	7236
the sentence pursuant to this division a statement regarding	7237
post-release control.	7238

(G) The court shall impose sentence upon the offender in	7239
accordance with section 2971.03 of the Revised Code, and Chapter	7240
2971. of the Revised Code applies regarding the prison term or	7241
term of life imprisonment without parole imposed upon the offender	7242
and the service of that term of imprisonment if any of the	7243
following apply:	7244

(1) A person is convicted of or pleads guilty to a violent	7245
sex offense or a designated homicide, assault, or kidnapping	7246
offense, and, in relation to that offense, the offender is	7247
adjudicated a sexually violent predator.	7248

(2) A person is convicted of or pleads guilty to a violation	7249
of division (A)(1)(b) of section 2907.02 of the Revised Code	7250
committed on or after January 2, 2007, and either the court does	7251
not impose a sentence of life without parole when authorized	7252
pursuant to division (B) of section 2907.02 of the Revised Code,	7253
or division (B) of section 2907.02 of the Revised Code provides	7254
that the court shall not sentence the offender pursuant to section	7255
2971.03 of the Revised Code.	7256

(3) A person is convicted of or pleads guilty to attempted	7257
rape committed on or after January 2, 2007, and a specification of	7258
the type described in section 2941.1418, 2941.1419, or 2941.1420	7259
of the Revised Code.	7260

(4) A person is convicted of or pleads guilty to a violation	7261
of section 2905.01 of the Revised Code committed on or after	7262
January 1, 2008, and that section requires the court to sentence	7263
the offender pursuant to section 2971.03 of the Revised Code.	7264

(5) A person is convicted of or pleads guilty to aggravated	7265
murder committed on or after January 1, 2008, and division	7266
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	7267
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	7268
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	7269
2929.06 of the Revised Code requires the court to sentence the	7270
offender pursuant to division (B)(3) of section 2971.03 of the	7271
Revised Code.	7272

(6) A person is convicted of or pleads guilty to murder	7273
committed on or after January 1, 2008, and division (B)(2) of	7274
section 2929.02 of the Revised Code requires the court to sentence	7275
the offender pursuant to section 2971.03 of the Revised Code.	7276

(H) If a person who has been convicted of or pleaded guilty	7277
to a felony is sentenced to a prison term or term of imprisonment	7278
under this section, sections 2929.02 to 2929.06 of the Revised	7279
Code, section 2929.142 of the Revised Code, section 2971.03 of the	7280
Revised Code, or any other provision of law, section 5120.163 of	7281
the Revised Code applies regarding the person while the person is	7282
confined in a state correctional institution.	7283

(I) If an offender who is convicted of or pleads guilty to a	7284
felony that is an offense of violence also is convicted of or	7285
pleads guilty to a specification of the type described in section	7286
2941.142 of the Revised Code that charges the offender with having	7287
committed the felony while participating in a criminal gang, the	7288
court shall impose upon the offender an additional prison term of	7289
one, two, or three years.	7290

(J)(1) If an offender who is convicted of or pleads guilty to	7291
aggravated murder, murder, or a felony of the first, second, or	7292
third degree that is an offense of violence also is convicted of	7293
or pleads guilty to a specification of the type described in	7294
section 2941.143 of the Revised Code that charges the offender	7295
with having committed the offense in a school safety zone or	7296
towards a person in a school safety zone, the court shall impose	7297
upon the offender an additional prison term of two years. The	7298
offender shall serve the additional two years consecutively to and	7299
prior to the prison term imposed for the underlying offense.	7300

(2)(a) If an offender is convicted of or pleads guilty to a	7301
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7302
of the Revised Code and to a specification of the type described	7303
in section 2941.1421 of the Revised Code and if the court imposes	7304
a prison term on the offender for the felony violation, the court	7305
may impose upon the offender an additional prison term as follows:	7306

(i) Subject to division (J)(2)(a)(ii) of this section, an	7307
additional prison term of one, two, three, four, five, or six	7308
months;	7309

(ii) If the offender previously has been convicted of or	7310
pleaded guilty to one or more felony or misdemeanor violations of	7311
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	7312
Revised Code and also was convicted of or pleaded guilty to a	7313
specification of the type described in section 2941.1421 of the	7314
Revised Code regarding one or more of those violations, an	7315
additional prison term of one, two, three, four, five, six, seven,	7316
eight, nine, ten, eleven, or twelve months.	7317

(b) In lieu of imposing an additional prison term under	7318
division (J)(2)(a) of this section, the court may directly impose	7319
on the offender a sanction that requires the offender to wear a	7320
real-time processing, continual tracking electronic monitoring	7321
device during the period of time specified by the court. The	7322
period of time specified by the court shall equal the duration of	7323
an additional prison term that the court could have imposed upon	7324
the offender under division (J)(2)(a) of this section. A sanction	7325
imposed under this division shall commence on the date specified	7326
by the court, provided that the sanction shall not commence until	7327
after the offender has served the prison term imposed for the	7328
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	7329
of the Revised Code and any residential sanction imposed for the	7330
violation under section 2929.16 of the Revised Code. A sanction	7331
imposed under this division shall be considered to be a community	7332
control sanction for purposes of section 2929.15 of the Revised	7333
Code, and all provisions of the Revised Code that pertain to	7334
community control sanctions shall apply to a sanction imposed	7335
under this division, except to the extent that they would by their	7336
nature be clearly inapplicable. The offender shall pay all costs	7337
associated with a sanction imposed under this division, including	7338
the cost of the use of the monitoring device.	7339

(K) At the time of sentencing, the court may recommend the	7340
offender for placement in a program of shock incarceration under	7341
section 5120.031 of the Revised Code or for placement in an	7342
intensive program prison under section 5120.032 of the Revised	7343
Code, disapprove placement of the offender in a program of shock	7344
incarceration or an intensive program prison of that nature, or	7345
make no recommendation on placement of the offender. In no case	7346
shall the department of rehabilitation and correction place the	7347
offender in a program or prison of that nature unless the	7348
department determines as specified in section 5120.031 or 5120.032	7349
of the Revised Code, whichever is applicable, that the offender is	7350
eligible for the placement.	7351

If the court disapproves placement of the offender in a	7352
program or prison of that nature, the department of rehabilitation	7353
and correction shall not place the offender in any program of	7354
shock incarceration or intensive program prison.	7355

If the court recommends placement of the offender in a	7356
program of shock incarceration or in an intensive program prison,	7357
and if the offender is subsequently placed in the recommended	7358
program or prison, the department shall notify the court of the	7359
placement and shall include with the notice a brief description of	7360
the placement.	7361

If the court recommends placement of the offender in a	7362
program of shock incarceration or in an intensive program prison	7363
and the department does not subsequently place the offender in the	7364
recommended program or prison, the department shall send a notice	7365
to the court indicating why the offender was not placed in the	7366
recommended program or prison.	7367

If the court does not make a recommendation under this	7368
division with respect to an offender and if the department	7369
determines as specified in section 5120.031 or 5120.032 of the	7370
Revised Code, whichever is applicable, that the offender is	7371
eligible for placement in a program or prison of that nature, the	7372
department shall screen the offender and determine if there is an	7373
available program of shock incarceration or an intensive program	7374
prison for which the offender is suited. If there is an available	7375
program of shock incarceration or an intensive program prison for	7376
which the offender is suited, the department shall notify the	7377
court of the proposed placement of the offender as specified in	7378
section 5120.031 or 5120.032 of the Revised Code and shall include	7379
with the notice a brief description of the placement. The court	7380
shall have ten days from receipt of the notice to disapprove the	7381
placement.	7382

(L) If a person is convicted of or pleads guilty to	7383
aggravated vehicular homicide in violation of division (A)(1) of	7384
section 2903.06 of the Revised Code and division (B)(2)(c) of that	7385
section applies, the person shall be sentenced pursuant to section	7386
2929.142 of the Revised Code.	7387

Sec. 2929.20. (A) As used in this section:

7388

(1)(a) Except as provided in division (A)(1)(b) of this	7389
section, "eligible offender" means any person who, on or after	7390
April 7, 2009, is serving a stated prison term ofthat includes	7391
one or more nonmandatory prison terms that in the aggregate are	7392
ten years or less ~~when either of the following applies:~~	7393

~~(i) The stated prison term does not include a mandatory~~	7394
~~prison term.~~	7395

~~(ii) The stated prison term includes a mandatory prison term,~~	7396
~~and the person has served the mandatory prison term~~.	7397

(b) "Eligible offender" does not include any person who, on	7398
or after April 7, 2009, is serving a stated prison term for any of	7399
the following criminal offenses that was a felony and was	7400
committed while the person held a public office in this state:	7401

(i) A violation of section 2921.02, 2921.03, 2921.05,	7402
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	7403
Code;	7404

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	7405
2921.12 of the Revised Code, when the conduct constituting the	7406
violation was related to the duties of the offender's public	7407
office or to the offender's actions as a public official holding	7408
that public office;	7409

(iii) A violation of an existing or former municipal	7410
ordinance or law of this or any other state or the United States	7411
that is substantially equivalent to any violation listed in	7412
division (A)(1)(b)(i) of this section;	7413

(iv) A violation of an existing or former municipal ordinance	7414
or law of this or any other state or the United States that is	7415
substantially equivalent to any violation listed in division	7416
(A)(1)(b)(ii) of this section, when the conduct constituting the	7417
violation was related to the duties of the offender's public	7418
office or to the offender's actions as a public official holding	7419
that public office;	7420

(v) A conspiracy to commit, attempt to commit, or complicity	7421
in committing any offense listed in division (A)(1)(b)(i) or	7422
described in division (A)(1)(b)(iii) of this section;	7423

(vi) A conspiracy to commit, attempt to commit, or complicity	7424
in committing any offense listed in division (A)(1)(b)(ii) or	7425
described in division (A)(1)(b)(iv) of this section, if the	7426
conduct constituting the offense that was the subject of the	7427
conspiracy, that would have constituted the offense attempted, or	7428
constituting the offense in which the offender was complicit was	7429
or would have been related to the duties of the offender's public	7430
office or to the offender's actions as a public official holding	7431
that public office.	7432

(2) "Nonmandatory prison term" means a prison term that is	7433
not a mandatory prison term.	7434

(3) "Public office" means any elected federal, state, or	7435
local government office in this state.	7436

(B) On the motion of an eligible offender or upon its own	7437
motion, the sentencing court may reduce the eligible offender's	7438
~~stated~~aggregated nonmandatory prison term or terms of ten years	7439
or less through a judicial release under this section.	7440

(C) An eligible offender may file a motion for judicial	7441
release with the sentencing court within the following applicable	7442
periods:	7443

(1) If the ~~stated~~aggregated nonmandatory prison term or	7444
terms is less than two years, the eligible offender may file the	7445
motion ~~not earlier than thirty days~~ after the offender is	7446
~~delivered to a state correctional institution or, if the prison~~	7447
~~term includes a mandatory prison term or terms, not earlier than~~	7448
has served thirty days ~~after the expiration of all mandatory~~	7449
~~prison terms~~of the aggregated nonmandatory prison term or terms.	7450

(2) If the ~~stated~~aggregated nonmandatory prison term or	7451
terms is at least two years but less than five years, the eligible	7452
offender may file the motion ~~not earlier than one hundred eighty~~	7453
~~days~~ after the offender ~~is delivered to a state correctional~~	7454
~~institution or, if the prison term includes a mandatory prison~~	7455
~~term or terms, not earlier than~~has served one hundred eighty	7456
days ~~after the expiration of all mandatory prison terms~~of the	7457
aggregated nonmandatory prison term or terms.	7458

(3) If the aggregated nonmandatory prison term or terms is	7459
five years, the eligible offender may file the motion after the	7460
eligible offender has served four years of the aggregated	7461
nonmandatory prison term or terms.	7462

(4) If the ~~stated~~aggregated nonmandatory prison term or	7463
terms is more than five years ~~or more~~ but not more than ten years,	7464
the eligible offender may file the motion ~~not earlier than five~~	7465
~~years~~ after the eligible offender ~~is delivered to a state~~	7466
~~correctional institution or, if the prison term includes a~~	7467
~~mandatory prison term or terms, not earlier than~~has served five	7468
years ~~after the expiration of all mandatory prison~~of the	7469
aggregated nonmandatory prison term or terms.	7470

(D) Upon receipt of a timely motion for judicial release	7471
filed by an eligible offender under division (C) of this section	7472
or upon the sentencing court's own motion made within the	7473
appropriate time specified in that division, the court may deny	7474
the motion without a hearing or schedule a hearing on the motion.	7475
The court shall not grant the motion without a hearing. If a court	7476
denies a motion without a hearing, the court later may consider	7477
judicial release for that eligible offender on a subsequent motion	7478
filed by that eligible offender unless the court denies the motion	7479
with prejudice. If a court denies a motion with prejudice, the	7480
court may later consider judicial release on its own motion. If a	7481
court denies a motion after a hearing, the court shall not	7482
consider a subsequent motion for that eligible offender. The court	7483
shall hold only one hearing for any eligible offender.	7484

A hearing under this section shall be conducted in open court	7485
within sixty days after the motion is filed, provided that the	7486
court may delay the hearing for one hundred eighty additional	7487
days. If the court holds a hearing, the court shall enter a ruling	7488
on the motion within ten days after the hearing. If the court	7489
denies the motion without a hearing, the court shall enter its	7490
ruling on the motion within sixty days after the motion is filed.	7491

(E) If a court schedules a hearing under division (D) of this	7492
section, the court shall notify the eligible offender and the head	7493
of the state correctional institution in which the eligible	7494
offender is confined prior to the hearing. The head of the state	7495
correctional institution immediately shall notify the appropriate	7496
person at the department of rehabilitation and correction of the	7497
hearing, and the department within twenty-four hours after receipt	7498
of the notice, shall post on the database it maintains pursuant to	7499
section 5120.66 of the Revised Code the offender's name and all of	7500
the information specified in division (A)(1)(c)(i) of that	7501
section. If the court schedules a hearing for judicial release,	7502
the court promptly shall give notice of the hearing to the	7503
prosecuting attorney of the county in which the eligible offender	7504
was indicted. Upon receipt of the notice from the court, the	7505
prosecuting attorney shall notify the victim of the offense or the	7506
victim's representative pursuant to section 2930.16 of the Revised	7507
Code.	7508

(F) Upon an offender's successful completion of	7509
rehabilitative activities, the head of the state correctional	7510
institution may notify the sentencing court of the successful	7511
completion of the activities.	7512

(G) Prior to the date of the hearing on a motion for judicial	7513
release under this section, the head of the state correctional	7514
institution in which the eligible offender is confined shall send	7515
to the court a report on the eligible offender's conduct in the	7516
institution and in any institution from which the eligible	7517
offender may have been transferred. The report shall cover the	7518
eligible offender's participation in school, vocational training,	7519
work, treatment, and other rehabilitative activities and any	7520
disciplinary action taken against the eligible offender. The	7521
report shall be made part of the record of the hearing.	7522

(H) If the court grants a hearing on a motion for judicial	7523
release under this section, the eligible offender shall attend the	7524
hearing if ordered to do so by the court. Upon receipt of a copy	7525
of the journal entry containing the order, the head of the state	7526
correctional institution in which the eligible offender is	7527
incarcerated shall deliver the eligible offender to the sheriff of	7528
the county in which the hearing is to be held. The sheriff shall	7529
convey the eligible offender to and from the hearing.	7530

(I) At the hearing on a motion for judicial release under	7531
this section, the court shall afford the eligible offender and the	7532
eligible offender's attorney an opportunity to present written	7533
and, if present, oral information relevant to the motion. The	7534
court shall afford a similar opportunity to the prosecuting	7535
attorney, the victim or the victim's representative, as defined in	7536
section 2930.01 of the Revised Code, and any other person the	7537
court determines is likely to present additional relevant	7538
information. The court shall consider any statement of a victim	7539
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	7540
any victim impact statement prepared pursuant to section 2947.051	7541
of the Revised Code, and any report made under division (G) of	7542
this section. The court may consider any written statement of any	7543
person submitted to the court pursuant to division (L) of this	7544
section. After ruling on the motion, the court shall notify the	7545
victim of the ruling in accordance with sections 2930.03 and	7546
2930.16 of the Revised Code.	7547

(J)(1) A court shall not grant a judicial release under this	7548
section to an eligible offender who is imprisoned for a felony of	7549
the first or second degree, or to an eligible offender who	7550
committed an offense under Chapter 2925. or 3719. of the Revised	7551
Code and for whom there was a presumption under section 2929.13 of	7552
the Revised Code in favor of a prison term, unless the court, with	7553
reference to factors under section 2929.12 of the Revised Code,	7554
finds both of the following:	7555

(a) That a sanction other than a prison term would adequately	7556
punish the offender and protect the public from future criminal	7557
violations by the eligible offender because the applicable factors	7558
indicating a lesser likelihood of recidivism outweigh the	7559
applicable factors indicating a greater likelihood of recidivism;	7560

(b) That a sanction other than a prison term would not demean	7561
the seriousness of the offense because factors indicating that the	7562
eligible offender's conduct in committing the offense was less	7563
serious than conduct normally constituting the offense outweigh	7564
factors indicating that the eligible offender's conduct was more	7565
serious than conduct normally constituting the offense.	7566

(2) A court that grants a judicial release to an eligible	7567
offender under division (J)(1) of this section shall specify on	7568
the record both findings required in that division and also shall	7569
list all the factors described in that division that were	7570
presented at the hearing.	7571

(K) If the court grants a motion for judicial release under	7572
this section, the court shall order the release of the eligible	7573
offender, shall place the eligible offender under an appropriate	7574
community control sanction, under appropriate conditions, and	7575
under the supervision of the department of probation serving the	7576
court and shall reserve the right to reimpose the sentence that it	7577
reduced if the offender violates the sanction. If the court	7578
reimposes the reduced sentence, it may do so either concurrently	7579
with, or consecutive to, any new sentence imposed upon the	7580
eligible offender as a result of the violation that is a new	7581
offense. The period of community control shall be no longer than	7582
five years. The court, in its discretion, may reduce the period of	7583
community control by the amount of time the eligible offender	7584
spent in jail or prison for the offense and in prison. If the	7585
court made any findings pursuant to division (J)(1) of this	7586
section, the court shall serve a copy of the findings upon counsel	7587
for the parties within fifteen days after the date on which the	7588
court grants the motion for judicial release.	7589

If the court grants a motion for judicial release, the court	7590
shall notify the appropriate person at the department of	7591
rehabilitation and correction, and the department shall post	7592
notice of the release on the database it maintains pursuant to	7593
section 5120.66 of the Revised Code.	7594

(L) In addition to and independent of the right of a victim	7595
to make a statement pursuant to section 2930.14, 2930.17, or	7596
2946.051 of the Revised Code and any right of a person to present	7597
written information or make a statement pursuant to division (I)	7598
of this section, any person may submit to the court, at any time	7599
prior to the hearing on the offender's motion for judicial	7600
release, a written statement concerning the effects of the	7601
offender's crime or crimes, the circumstances surrounding the	7602
crime or crimes, the manner in which the crime or crimes were	7603
perpetrated, and the person's opinion as to whether the offender	7604
should be released.	7605

(M) The changes to this section that are made on the	7606
effective date of this division apply to any judicial release	7607
decision made on or after the effective date of this division for	7608
any eligible offender.	7609

Sec. 2929.26. (A) Except when a mandatory jail term is	7610
required by law, the court imposing a sentence for a misdemeanor,	7611
other than a minor misdemeanor, may impose upon the offender any	7612
community residential sanction or combination of community	7613
residential sanctions under this section. Community residential	7614
sanctions include, but are not limited to, the following:	7615

(1) A term of up to one hundred eighty days in a halfway	7616
house or a term in a halfway house not to exceed the longest jail	7617
term available for the offense, whichever is shorter, if the	7618
political subdivision that would have responsibility for paying	7619
the costs of confining the offender in a jail has entered into a	7620
contract with the halfway house for use of the facility for	7621
misdemeanor offenders;	7622

(2) A term of up to one hundred eighty days in an alternative	7623
residential facility or a term in an alternative residential	7624
facility not to exceed the longest jail term available for the	7625
offense, whichever is shorter. The court may specify the level of	7626
security in the alternative residential facility that is needed	7627
for the offender.	7628

(3) If the offender is an eligible offender, as defined in	7629
section 307.932 of the Revised Code, a term of up to thirty days	7630
in a community alternative sentencing center or district community	7631
alternative sentencing center established and operated in	7632
accordance with that section, in the circumstances specified in	7633
that section, with one of the conditions of the sanction being	7634
that the offender complete in the center the entire term imposed.	7635

(B) ~~The~~A sentence to a community residential sanction under	7636
division (A)(3) of this section shall be in accordance with	7637
section 307.932 of the Revised Code. In all other cases, the court	7638
that sentences an offender to a community residential sanction	7639
under this section may do either or both of the following:	7640

(1) Permit the offender to serve the offender's sentence in	7641
intermittent confinement, overnight, on weekends or at any other	7642
time or times that will allow the offender to continue at the	7643
offender's occupation or care for the offender's family;	7644

(2) Authorize the offender to be released so that the	7645
offender may seek or maintain employment, receive education or	7646
training, receive treatment, perform community service, or	7647
otherwise fulfill an obligation imposed by law or by the court. A	7648
release pursuant to this division shall be only for the duration	7649
of time that is needed to fulfill the purpose of the release and	7650
for travel that reasonably is necessary to fulfill the purposes of	7651
the release.	7652

(C) The court may order that a reasonable portion of the	7653
income earned by the offender upon a release pursuant to division	7654
(B) of this section be applied to any financial sanction imposed	7655
under section 2929.28 of the Revised Code.	7656

(D) No court shall sentence any person to a prison term for a	7657
misdemeanor or minor misdemeanor or to a jail term for a minor	7658
misdemeanor.	7659

(E) If a court sentences a person who has been convicted of	7660
or pleaded guilty to a misdemeanor to a community residential	7661
sanction as described in division (A) of this section, at the time	7662
of reception and at other times the person in charge of the	7663
operation of the halfway house, alternative residential facility,	7664
community alternative sentencing center, district community	7665
alternative sentencing center, or other place at which the	7666
offender will serve the residential sanction determines to be	7667
appropriate, the person in charge of the operation of the halfway	7668
house, alternative residential facility, community alternative	7669
sentencing center, district community alternative sentencing	7670
center, or other place may cause the convicted offender to be	7671
examined and tested for tuberculosis, HIV infection, hepatitis,	7672
including, but not limited to, hepatitis A, B, and C, and other	7673
contagious diseases. The person in charge of the operation of the	7674
halfway house, alternative residential facility, community	7675
alternative sentencing center, district community alternative	7676
sentencing center, or other place at which the offender will serve	7677
the residential sanction may cause a convicted offender in the	7678
halfway house, alternative residential facility, community	7679
alternative sentencing center, district community alternative	7680
sentencing center, or other place who refuses to be tested or	7681
treated for tuberculosis, HIV infection, hepatitis, including, but	7682
not limited to, hepatitis A, B, and C, or another contagious	7683
disease to be tested and treated involuntarily.	7684

(F) A political subdivision may enter into a contract with a	7685
halfway house for use of the halfway house to house misdemeanor	7686
offenders under a sanction imposed under division (A)(1) of this	7687
section.	7688

Sec. 2929.34. (A) A person who is convicted of or pleads	7689
guilty to aggravated murder, murder, or an offense punishable by	7690
life imprisonment and who is sentenced to a term of life	7691
imprisonment or a prison term pursuant to that conviction shall	7692
serve that term in an institution under the control of the	7693
department of rehabilitation and correction.	7694

(B)(1) A person who is convicted of or pleads guilty to a	7695
felony other than aggravated murder, murder, or an offense	7696
punishable by life imprisonment and who is sentenced to a term of	7697
imprisonment or a prison term pursuant to that conviction shall	7698
serve that term as follows:	7699

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	7700
section, in an institution under the control of the department of	7701
rehabilitation and correction if the term is a prison term or as	7702
otherwise determined by the sentencing court pursuant to section	7703
2929.16 of the Revised Code if the term is not a prison term;	7704

(b) In a facility of a type described in division (G)(1) of	7705
section 2929.13 of the Revised Code, if the offender is sentenced	7706
pursuant to that division.	7707

(2) If the term is a prison term, the person may be	7708
imprisoned in a jail that is not a minimum security jail pursuant	7709
to agreement under section 5120.161 of the Revised Code between	7710
the department of rehabilitation and correction and the local	7711
authority that operates the jail.	7712

(C) A person who is convicted of or pleads guilty to one or	7713
more misdemeanors and who is sentenced to a jail term or term of	7714
imprisonment pursuant to the conviction or convictions shall serve	7715
that term in a county, multicounty, municipal, municipal-county,	7716
or multicounty-municipal jail or workhouse; in a community	7717
alternative sentencing center or district community alternative	7718
sentencing center when authorized by section 307.932 of the	7719
Revised Code; or, if the misdemeanor or misdemeanors are not	7720
offenses of violence, in a minimum security jail.	7721

(D) Nothing in this section prohibits the commitment,	7722
referral, or sentencing of a person who is convicted of or pleads	7723
guilty to a felony to a community-based correctional facility.	7724

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	7725
in a case who has requested to receive notice under this section	7726
shall be given notice of the incarceration of the defendant. If an	7727
alleged juvenile offender is committed to the temporary custody of	7728
a school, camp, institution, or other facility operated for the	7729
care of delinquent children or to the legal custody of the	7730
department of youth services, a victim in a case who has requested	7731
to receive notice under this section shall be given notice of the	7732
commitment. Promptly after sentence is imposed upon the defendant	7733
or the commitment of the alleged juvenile offender is ordered, the	7734
prosecutor in the case shall notify the victim of the date on	7735
which the defendant will be released from confinement or the	7736
prosecutor's reasonable estimate of that date or the date on which	7737
the alleged juvenile offender will have served the minimum period	7738
of commitment or the prosecutor's reasonable estimate of that	7739
date. The prosecutor also shall notify the victim of the name of	7740
the custodial agency of the defendant or alleged juvenile offender	7741
and tell the victim how to contact that custodial agency. If the	7742
custodial agency is the department of rehabilitation and	7743
correction, the prosecutor shall notify the victim of the services	7744
offered by the office of victims' services pursuant to section	7745
5120.60 of the Revised Code. If the custodial agency is the	7746
department of youth services, the prosecutor shall notify the	7747
victim of the services provided by the office of victims' services	7748
within the release authority of the department pursuant to section	7749
5139.55 of the Revised Code and the victim's right pursuant to	7750
section 5139.56 of the Revised Code to submit a written request to	7751
the release authority to be notified of actions the release	7752
authority takes with respect to the alleged juvenile offender. The	7753
victim shall keep the custodial agency informed of the victim's	7754
current address and telephone number.	7755

(B)(1) Upon the victim's request, the prosecutor promptly	7756
shall notify the victim of any hearing for judicial release of the	7757
defendant pursuant to section 2929.20 of the Revised Code, of any	7758
hearing for release of the defendant pursuant to section 2967.19	7759
of the Revised Code, or of any hearing for judicial release or	7760
early release of the alleged juvenile offender pursuant to section	7761
2151.38 of the Revised Code and of the victim's right to make a	7762
statement under those sections. The court shall notify the victim	7763
of its ruling in each of those hearings and on each of those	7764
applications.	7765

(2) If an offender is sentenced to a prison term pursuant to	7766
division (A)(3) or (B) of section 2971.03 of the Revised Code,	7767
upon the request of the victim of the crime, the prosecutor	7768
promptly shall notify the victim of any hearing to be conducted	7769
pursuant to section 2971.05 of the Revised Code to determine	7770
whether to modify the requirement that the offender serve the	7771
entire prison term in a state correctional facility in accordance	7772
with division (C) of that section, whether to continue, revise, or	7773
revoke any existing modification of that requirement, or whether	7774
to terminate the prison term in accordance with division (D) of	7775
that section. The court shall notify the victim of any order	7776
issued at the conclusion of the hearing.	7777

(C) Upon the victim's request made at any time before the	7778
particular notice would be due, the custodial agency of a	7779
defendant or alleged juvenile offender shall give the victim any	7780
of the following notices that is applicable:	7781

(1) At least three weeks before the adult parole authority	7782
recommends a pardon or commutation of sentence for the defendant	7783
or at least three weeks prior to a hearing before the adult parole	7784
authority regarding a grant of parole to the defendant, notice of	7785
the victim's right to submit a statement regarding the impact of	7786
the defendant's release in accordance with section 2967.12 of the	7787
Revised Code and, if applicable, of the victim's right to appear	7788
at a full board hearing of the parole board to give testimony as	7789
authorized by section 5149.101 of the Revised Code;	7790

(2) At least three weeks before the defendant is transferred	7791
to transitional control under section 2967.26 of the Revised Code,	7792
notice of the pendency of the transfer and of the victim's right	7793
under that section to submit a statement regarding the impact of	7794
the transfer;	7795

(3) At least thirty days before the release authority of the	7796
department of youth services holds a release review, release	7797
hearing, or discharge review for the alleged juvenile offender,	7798
notice of the pendency of the review or hearing, of the victim's	7799
right to make an oral or written statement regarding the impact of	7800
the crime upon the victim or regarding the possible release or	7801
discharge, and, if the notice pertains to a hearing, of the	7802
victim's right to attend and make statements or comments at the	7803
hearing as authorized by section 5139.56 of the Revised Code;	7804

(4) Prompt notice of the defendant's or alleged juvenile	7805
offender's escape from a facility of the custodial agency in which	7806
the defendant was incarcerated or in which the alleged juvenile	7807
offender was placed after commitment, of the defendant's or	7808
alleged juvenile offender's absence without leave from a mental	7809
health or mental retardation and developmental disabilities	7810
facility or from other custody, and of the capture of the	7811
defendant or alleged juvenile offender after an escape or absence;	7812

(5) Notice of the defendant's or alleged juvenile offender's	7813
death while in confinement or custody;	7814

(6) Notice of the defendant's or alleged juvenile offender's	7815
release from confinement or custody and the terms and conditions	7816
of the release.	7817

Sec. 2930.17. (A) In determining whether to grant a judicial	7818
release to a defendant from a prison term pursuant to section	7819
2929.20 of the Revised Code at a time before the defendant's	7820
stated prison term expires, in determining whether to grant a	7821
release to an offender from a prison term pursuant to section	7822
2967.19 of the Revised Code at a time before the offender's stated	7823
prison term expires, or in determining whether to grant a judicial	7824
release or early release to an alleged juvenile offender from a	7825
commitment to the department of youth services pursuant to section	7826
2151.38 of the Revised Code, the court shall permit a victim of a	7827
crime or specified delinquent act for which the defendant or	7828
alleged juvenile offender was incarcerated or committed to make a	7829
statement, in addition to any other statement made under this	7830
chapter, concerning the effects of that crime or specified	7831
delinquent act on the victim, the circumstances surrounding the	7832
crime or specified delinquent act, the manner in which the crime	7833
or specified delinquent act was perpetrated, and the victim's	7834
opinion whether the defendant or alleged juvenile offender should	7835
be released. The victim may make the statement in writing or	7836
orally, at the court's discretion. The court shall give the	7837
defendant or alleged juvenile offender and either the adult parole	7838
authority or the department of youth services, whichever is	7839
applicable, a copy of any written impact statement made by the	7840
victim under this division.	7841

(B) In deciding whether to grant a judicial release or early	7842
release to the defendant or alleged juvenile offender, the court	7843
shall consider a statement made by the victim under division (A)	7844
of this section or section 2930.14 or 2947.051 of the Revised	7845
Code.	7846

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	7847
division (A)(1)(b) of this section, whoever violates a prohibition	7848
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	7849
Code shall be punished as follows:	7850

(i) If the most serious sexually oriented offense that was	7851
the basis of the registration, notice of intent to reside, change	7852
of address notification, or address verification requirement that	7853
was violated under the prohibition is aggravated murder or murder	7854
if committed by an adult or a comparable category of offense	7855
committed in another jurisdiction, the offender is guilty of a	7856
felony of the first degree.	7857

(ii) If the most serious sexually oriented offense or	7858
child-victim oriented offense that was the basis of the	7859
registration, notice of intent to reside, change of address	7860
notification, or address verification requirement that was	7861
violated under the prohibition is a felony of the first, second,	7862
third, or fourth degree if committed by an adult or a comparable	7863
category of offense committed in another jurisdiction, the	7864
offender is guilty of a felony of the same degree as the most	7865
serious sexually oriented offense or child-victim oriented offense	7866
that was the basis of the registration, notice of intent to	7867
reside, change of address, or address verification requirement	7868
that was violated under the prohibition, or, if the most serious	7869
sexually oriented offense or child-victim oriented offense that	7870
was the basis of the registration, notice of intent to reside,	7871
change of address, or address verification requirement that was	7872
violated under the prohibition is a comparable category of offense	7873
committed in another jurisdiction, the offender is guilty of a	7874
felony of the same degree as that offense committed in the other	7875
jurisdiction would constitute if committed in this state.	7876

(iii) If the most serious sexually oriented offense or	7877
child-victim oriented offense that was the basis of the	7878
registration, notice of intent to reside, change of address	7879
notification, or address verification requirement that was	7880
violated under the prohibition is a felony of the fifth degree or	7881
a misdemeanor if committed by an adult or a comparable category of	7882
offense committed in another jurisdiction, the offender is guilty	7883
of a felony of the fourth degree.	7884

(b) If the offender previously has been convicted of or	7885
pleaded guilty to, or previously has been adjudicated a delinquent	7886
child for committing, a violation of a prohibition in section	7887
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	7888
whoever violates a prohibition in section 2950.04, 2950.041,	7889
2950.05, or 2950.06 of the Revised Code shall be punished as	7890
follows:	7891

(i) If the most serious sexually oriented offense that was	7892
the basis of the registration, notice of intent to reside, change	7893
of address notification, or address verification requirement that	7894
was violated under the prohibition is aggravated murder or murder	7895
if committed by an adult or a comparable category of offense	7896
committed in another jurisdiction, the offender is guilty of a	7897
felony of the first degree.	7898

(ii) If the most serious sexually oriented offense or	7899
child-victim oriented offense that was the basis of the	7900
registration, notice of intent to reside, change of address	7901
notification, or address verification requirement that was	7902
violated under the prohibition is a felony of the first, second,	7903
or third degree if committed by an adult or a comparable category	7904
of offense committed in another jurisdiction, the offender is	7905
guilty of a felony of the same degree as the most serious sexually	7906
oriented offense or child-victim oriented offense that was the	7907
basis of the registration, notice of intent to reside, change of	7908
address, or address verification requirement that was violated	7909
under the prohibition, or, if the most serious sexually oriented	7910
offense or child-victim oriented offense that was the basis of the	7911
registration, notice of intent to reside, change of address, or	7912
address verification requirement that was violated under the	7913
prohibition is a comparable category of offense committed in	7914
another jurisdiction, the offender is guilty of a felony of the	7915
same degree as that offense committed in the other jurisdiction	7916
would constitute if committed in this state.	7917

(iii) If the most serious sexually oriented offense or	7918
child-victim oriented offense that was the basis of the	7919
registration, notice of intent to reside, change of address	7920
notification, or address verification requirement that was	7921
violated under the prohibition is a felony of the fourth or fifth	7922
degree if committed by an adult or a comparable category of	7923
offense committed in another jurisdiction, the offender is guilty	7924
of a felony of the third degree.	7925

(iv) If the most serious sexually oriented offense or	7926
child-victim oriented offense that was the basis of the	7927
registration, notice of intent to reside, change of address	7928
notification, or address verification requirement that was	7929
violated under the prohibition is a misdemeanor if committed by an	7930
adult or a comparable category of offense committed in another	7931
jurisdiction, the offender is guilty of a felony of the fourth	7932
degree.	7933

(2)(a) In addition to any penalty or sanction imposed under	7934
division (A)(1) of this section or any other provision of law for	7935
a violation of a prohibition in section 2950.04, 2950.041,	7936
2950.05, or 2950.06 of the Revised Code, if the offender or	7937
delinquent child is subject to a community control sanction, is on	7938
parole, is subject to one or more post-release control sanctions,	7939
or is subject to any other type of supervised release at the time	7940
of the violation, the violation shall constitute a violation of	7941
the terms and conditions of the community control sanction,	7942
parole, post-release control sanction, or other type of supervised	7943
release.	7944

(b) In addition to any penalty or sanction imposed under	7945
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	7946
provision of law for a violation of a prohibition in section	7947
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	7948
offender previously has been convicted of or pleaded guilty to, or	7949
previously has been adjudicated a delinquent child for committing,	7950
a violation of a prohibition in section 2950.04, 2950.041,	7951
2950.05, or 2950.06 of the Revised Code when the most serious	7952
sexually oriented offense or child-victim oriented offense that	7953
was the basis of the requirement that was violated under the	7954
prohibition is a felony if committed by an adult or a comparable	7955
category of offense committed in another jurisdiction, the court	7956
imposing a sentence upon the offender shall impose a definite	7957
prison term of no less than three years. The definite prison term	7958
imposed under this section is not restricted by division (B) of	7959
section 2929.14 of the Revised Code and, subject to division (K)	7960
of section 2967.19 of the Revised Code, shall not be reduced to	7961
less than three years pursuant to any provision of Chapter 2967.	7962
or any other provision of the Revised Code.	7963

(3) As used in division (A)(1) of this section, "comparable	7964
category of offense committed in another jurisdiction" means a	7965
sexually oriented offense or child-victim oriented offense that	7966
was the basis of the registration, notice of intent to reside,	7967
change of address notification, or address verification	7968
requirement that was violated, that is a violation of an existing	7969
or former law of another state or the United States, an existing	7970
or former law applicable in a military court or in an Indian	7971
tribal court, or an existing or former law of any nation other	7972
than the United States, and that, if it had been committed in this	7973
state, would constitute or would have constituted aggravated	7974
murder or murder for purposes of division (A)(1)(a)(i) of this	7975
section, a felony of the first, second, third, or fourth degree	7976
for purposes of division (A)(1)(a)(ii) of this section, a felony	7977
of the fifth degree or a misdemeanor for purposes of division	7978
(A)(1)(a)(iii) of this section, aggravated murder or murder for	7979
purposes of division (A)(1)(b)(i) of this section, a felony of the	7980
first, second, or third degree for purposes of division	7981
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	7982
degree for purposes of division (A)(1)(b)(iii) of this section, or	7983
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	7984
section.	7985

(B) If a person violates a prohibition in section 2950.04,	7986
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	7987
the person as a result of the person being adjudicated a	7988
delinquent child and being classified a juvenile offender	7989
registrant or an out-of-state juvenile offender registrant, both	7990
of the following apply:	7991

(1) If the violation occurs while the person is under	7992
eighteen years of age, the person is subject to proceedings under	7993
Chapter 2152. of the Revised Code based on the violation.	7994

(2) If the violation occurs while the person is eighteen	7995
years of age or older, the person is subject to criminal	7996
prosecution based on the violation.	7997

(C) Whoever violates division (C) of section 2950.13 of the	7998
Revised Code is guilty of a misdemeanor of the first degree.	7999

Sec. 2951.041. (A)(1) If an offender is charged with a	8000
criminal offense, including but not limited to a violation of	8001
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	8002
the Revised Code, and the court has reason to believe that drug or	8003
alcohol usage by the offender was a factor leading to the	8004
~~offender's~~ criminal offense with which the offender is charged or	8005
that, at the time of committing that offense, the offender had a	8006
mental illness or was a mentally retarded person and that the	8007
mental illness or status as a mentally retarded person was a	8008
factor leading to the offender's criminal behavior, the court may	8009
accept, prior to the entry of a guilty plea, the offender's	8010
request for intervention in lieu of conviction. The request shall	8011
include a statement from the offender as to whether the offender	8012
is alleging that drug or alcohol usage by the offender was a	8013
factor leading to the criminal offense with which the offender is	8014
charged or is alleging that, at the time of committing that	8015
offense, the offender had a mental illness or was a mentally	8016
retarded person and that the mental illness or status as a	8017
mentally retarded person was a factor leading to the criminal	8018
offense with which the offender is charged. The request also shall	8019
include a waiver of the defendant's right to a speedy trial, the	8020
preliminary hearing, the time period within which the grand jury	8021
may consider an indictment against the offender, and arraignment,	8022
unless the hearing, indictment, or arraignment has already	8023
occurred. The court may reject an offender's request without a	8024
hearing. If the court elects to consider an offender's request,	8025
the court shall conduct a hearing to determine whether the	8026
offender is eligible under this section for intervention in lieu	8027
of conviction and shall stay all criminal proceedings pending the	8028
outcome of the hearing. If the court schedules a hearing, the	8029
court shall order an assessment of the offender for the purpose of	8030
determining the offender's eligibility for intervention in lieu of	8031
conviction and recommending an appropriate intervention plan.	8032

If the offender alleges that drug or alcohol usage by the	8033
offender was a factor leading to the criminal offense with which	8034
the offender is charged, the court may order that the offender be	8035
assessed by a program certified pursuant to section 3793.06 of the	8036
Revised Code or a properly credentialed professional for the	8037
purpose of determining the offender's eligibility for intervention	8038
in lieu of conviction and recommending an appropriate intervention	8039
plan. The program or the properly credentialed professional shall	8040
provide a written assessment of the offender to the court.	8041

(2) The victim notification provisions of division (C) of	8042
section 2930.08 of the Revised Code apply in relation to any	8043
hearing held under division (A)(1) of this section.	8044

(B) An offender is eligible for intervention in lieu of	8045
conviction if the court finds all of the following:	8046

(1) The offender previously has not been convicted of or	8047
pleaded guilty to a felony offense of violence or previously has	8048
been convicted of or pleaded guilty to any felony that is not an	8049
offense of violence and the prosecuting attorney recommends that	8050
the offender be found eligible for participation in intervention	8051
in lieu of treatment under this section, previously has not been	8052
through intervention in lieu of conviction under this section or	8053
any similar regimen, and is charged with a felony for which the	8054
court, upon conviction, would impose sentence under division	8055
(B)(2)(b) of section 2929.13 of the Revised Code or with a	8056
misdemeanor.	8057

(2) The offense is not a felony of the first, second, or	8058
third degree, is not an offense of violence, is not a violation of	8059
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	8060
not a violation of division (A)(1) of section 2903.08 of the	8061
Revised Code, is not a violation of division (A) of section	8062
4511.19 of the Revised Code or a municipal ordinance that is	8063
substantially similar to that division, and is not an offense for	8064
which a sentencing court is required to impose a mandatory prison	8065
term, a mandatory term of local incarceration, or a mandatory term	8066
of imprisonment in a jail.	8067

(3) The offender is not charged with a violation of section	8068
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	8069
charged with a violation of section 2925.03 of the Revised Code	8070
that is a felony of the first, second, third, or fourth degree,	8071
and is not charged with a violation of section 2925.11 of the	8072
Revised Code that is a felony of the first, second, or third	8073
degree.	8074

(4) ~~The offender is not charged with a violation of section~~	8075
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	8076
~~or the offender is charged with a violation of that section that~~	8077
~~is a felony of the fourth degree and the prosecutor in the case~~	8078
~~has recommended that the offender be classified as being eligible~~	8079
~~for intervention in lieu of conviction under this section.~~	8080

~~(5) The~~If an offender alleges that drug or alcohol usage by	8081
the offender was a factor leading to the criminal offense with	8082
which the offender is charged, the court has ordered that the	8083
offender ~~has been~~be assessed by ~~an appropriately licensed~~	8084
~~provider, certified facility, or licensed and credentialed~~	8085
~~professional, including, but not limited to, a program licensed by~~	8086
~~the department of alcohol and drug addiction services pursuant to~~	8087
~~section 3793.11 of the Revised Code,~~ a program certified ~~by that~~	8088
~~department~~ pursuant to section 3793.06 of the Revised Code~~, a~~	8089
~~public or private hospital, the United States department of~~	8090
~~veterans affairs, another appropriate agency of the government of~~	8091
~~the United States, or a licensed physician, psychiatrist,~~	8092
~~psychologist, independent social worker, professional counselor,~~	8093
~~or chemical dependency counselor~~or a properly credentialed	8094
professional for the purpose of determining the offender's	8095
eligibility for intervention in lieu of conviction and	8096
recommending an appropriate intervention plan, the offender has	8097
been assessed by a program of that nature or a properly	8098
credentialed professional in accordance with the court's order,	8099
and the program or properly credentialed professional has filed	8100
the written assessment of the offender with the court.	8101

(5) If an offender alleges that, at the time of committing	8102
the criminal offense with which the offender is charged, the	8103
offender had a mental illness or was a mentally retarded person	8104
and that the mental illness or status as a mentally retarded	8105
person was a factor leading to that offense, the offender has been	8106
assessed by a psychiatrist, psychologist, independent social	8107
worker, or professional clinical counselor for the purpose of	8108
determining the offender's eligibility for intervention in lieu of	8109
conviction and recommending an appropriate intervention plan.	8110

(6) The offender's drug orusage, alcohol usage, mental	8111
illness, or mental retardation, whichever is applicable, was a	8112
factor leading to the criminal offense with which the offender is	8113
charged, intervention in lieu of conviction would not demean the	8114
seriousness of the offense, and intervention would substantially	8115
reduce the likelihood of any future criminal activity.	8116

(7) The alleged victim of the offense was not sixty-five	8117
years of age or older, permanently and totally disabled, under	8118
thirteen years of age, or a peace officer engaged in the officer's	8119
official duties at the time of the alleged offense.	8120

(8) If the offender is charged with a violation of section	8121
2925.24 of the Revised Code, the alleged violation did not result	8122
in physical harm to any person, and the offender previously has	8123
not been treated for drug abuse.	8124

(9) The offender is willing to comply with all terms and	8125
conditions imposed by the court pursuant to division (D) of this	8126
section.	8127

(C) At the conclusion of a hearing held pursuant to division	8128
(A) of this section, the court shall enter its determination as to	8129
whether the offender is eligible for intervention in lieu of	8130
conviction and as to whether to grant the offender's request. If	8131
the court finds under division (B) of this section that the	8132
offender is eligible for intervention in lieu of conviction and	8133
grants the offender's request, the court shall accept the	8134
offender's plea of guilty and waiver of the defendant's right to a	8135
speedy trial, the preliminary hearing, the time period within	8136
which the grand jury may consider an indictment against the	8137
offender, and arraignment, unless the hearing, indictment, or	8138
arraignment has already occurred. In addition, the court then may	8139
stay all criminal proceedings and order the offender to comply	8140
with all terms and conditions imposed by the court pursuant to	8141
division (D) of this section. If the court finds that the offender	8142
is not eligible or does not grant the offender's request, the	8143
criminal proceedings against the offender shall proceed as if the	8144
offender's request for intervention in lieu of conviction had not	8145
been made.	8146

(D) If the court grants an offender's request for	8147
intervention in lieu of conviction, the court shall place the	8148
offender under the general control and supervision of the county	8149
probation department, the adult parole authority, or another	8150
appropriate local probation or court services agency, if one	8151
exists, as if the offender was subject to a community control	8152
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	8153
Revised Code. The court shall establish an intervention plan for	8154
the offender. The terms and conditions of the intervention plan	8155
shall require the offender, for at least one year from the date on	8156
which the court grants the order of intervention in lieu of	8157
conviction, to abstain from the use of illegal drugs and alcohol,	8158
to participate in treatment and recovery support services, and to	8159
submit to regular random testing for drug and alcohol use and may	8160
include any other treatment terms and conditions, or terms and	8161
conditions similar to community control sanctions, which may	8162
include community service or restitution, that are ordered by the	8163
court.	8164

(E) If the court grants an offender's request for	8165
intervention in lieu of conviction and the court finds that the	8166
offender has successfully completed the intervention plan for the	8167
offender, including the requirement that the offender abstain from	8168
using illegal drugs and alcohol for a period of at least one year	8169
from the date on which the court granted the order of intervention	8170
in lieu of conviction, the requirement that the offender	8171
participate in treatment and recovery support services, and all	8172
other terms and conditions ordered by the court, the court shall	8173
dismiss the proceedings against the offender. Successful	8174
completion of the intervention plan and period of abstinence under	8175
this section shall be without adjudication of guilt and is not a	8176
criminal conviction for purposes of any disqualification or	8177
disability imposed by law and upon conviction of a crime, and the	8178
court may order the sealing of records related to the offense in	8179
question in the manner provided in sections 2953.31 to 2953.36 of	8180
the Revised Code.	8181

(F) If the court grants an offender's request for	8182
intervention in lieu of conviction and the offender fails to	8183
comply with any term or condition imposed as part of the	8184
intervention plan for the offender, the supervising authority for	8185
the offender promptly shall advise the court of this failure, and	8186
the court shall hold a hearing to determine whether the offender	8187
failed to comply with any term or condition imposed as part of the	8188
plan. If the court determines that the offender has failed to	8189
comply with any of those terms and conditions, it shall enter a	8190
finding of guilty and shall impose an appropriate sanction under	8191
Chapter 2929. of the Revised Code. If the court sentences the	8192
offender to a prison term, the court, after consulting with the	8193
department of rehabilitation and correction regarding the	8194
availability of services, may order continued court-supervised	8195
activity and treatment of the offender during the prison term and,	8196
upon consideration of reports received from the department	8197
concerning the offender's progress in the program of activity and	8198
treatment, may consider judicial release under section 2929.20 of	8199
the Revised Code.	8200

(G) As used in this section:

8201

(1) "Community control sanction" has the same meaning as in	8202
section 2929.01 of the Revised Code.	8203

(2) "Intervention in lieu of conviction" means any	8204
court-supervised activity that complies with this section.	8205

(3) "Peace officer" has the same meaning as in section	8206
2935.01 of the Revised Code.	8207

(4) "Mental illness" and "psychiatrist" have the same	8208
meanings as in section 5122.01 of the Revised Code.	8209

(5) "Mentally retarded person" has the same meaning as in	8210
section 5123.01 of the Revised Code.	8211

(6) "Psychologist" has the same meaning as in section 4732.01	8212
of the Revised Code.	8213

Sec. 2967.05. (A) As used in this section:

8214

(1) "Imminent danger of death" means that the inmate has a	8215
medically diagnosable condition that will cause death to occur	8216
within a short period of time.	8217

As used in division (A)(1) of this section, "within a short	8218
period of time" means generally within six months.	8219

(2)(a) "Medically incapacitated" means any diagnosable	8220
medical condition, including mental dementia and severe, permanent	8221
medical or cognitive disability, that prevents the inmate from	8222
completing activities of daily living without significant	8223
assistance, that incapacitates the inmate to the extent that	8224
institutional confinement does not offer additional restrictions,	8225
that is likely to continue throughout the entire period of parole,	8226
and that is unlikely to improve noticeably.	8227

(b) "Medically incapacitated" does not include conditions	8228
related solely to mental illness unless the mental illness is	8229
accompanied by injury, disease, or organic defect.	8230

(3)(a) "Terminal illness" means a condition that satisfies	8231
all of the following criteria:	8232

(i) The condition is irreversible and incurable and is caused	8233
by disease, illness, or injury from which the inmate is unlikely	8234
to recover.	8235

(ii) In accordance with reasonable medical standards and a	8236
reasonable degree of medical certainty, the condition is likely to	8237
cause death to the inmate within twelve months.	8238

(iii) Institutional confinement of the inmate does not offer	8239
additional protections for public safety or against the inmate's	8240
risk to reoffend.	8241

(b) The department of rehabilitation and correction shall	8242
adopt rules pursuant to Chapter 119. of the Revised Code to	8243
implement the definition of "terminal illness" in division	8244
(A)(3)(a) of this section.	8245

(B) Upon the recommendation of the director of rehabilitation	8246
and correction, accompanied by a certificate of the attending	8247
physician that an inmate is terminally ill, medically	8248
incapacitated, or in imminent danger of death, the governor may	8249
order the inmate's release ~~as if~~ on indefinite parole on or after	8250
a specified date, reserving the right to return the inmate to the	8251
institution pursuant to this section. The inmate shall not be	8252
released until an appropriate placement in a skilled nursing	8253
facility has been secured for the inmate and the skilled nursing	8254
facility has secured a funding source for the placement. The	8255
department of job and family services shall give priority to the	8256
processing and determination of an inmate's eligibility for	8257
initial or continued medicaid funding under this section. The	8258
department of job and family services' processing and	8259
determination of the inmate's eligibility may be based solely on	8260
identifying information provided by the department of	8261
rehabilitation and correction. In addition to the reimbursement	8262
otherwise provided to a skilled nursing facility under Chapter	8263
5111. of the Revised Code, the department of job and family	8264
services, through the medicaid program, shall reimburse a skilled	8265
nursing facility that provides care to inmates under this section	8266
for reasonable additional costs incurred by the facility in	8267
providing the security required by division (D)(1)(e) of this	8268
section and will take all necessary steps to implement the payment	8269
of these additional costs. An inmate shall not be released to a	8270
skilled nursing facility until the inmate has undergone	8271
preadmission screening and resident review and the level of care	8272
review and determination process established under the	8273
Administrative Code and has been determined to meet the criteria	8274
for skilled nursing care. A skilled nursing facility shall meet	8275
the requirements set forth in division (D) of this section. If,	8276
subsequent to the inmate's release, the inmate's health improves	8277
so that the inmate is no longer terminally ill, medically	8278
incapacitated, or in imminent danger of death, the inmate shall be	8279
returned, by order of the governor, to the institution from which	8280
the inmate was released. If the inmate violates any rules or	8281
conditions applicable to the inmate, the inmate may be returned to	8282
an institution under the control of the department of	8283
rehabilitation and correction. The governor may direct the adult	8284
parole authority to investigate or cause to be investigated the	8285
inmate and make a recommendation in the manner set forth in	8286
section 2967.03 of the Revised Code. An inmate released under this	8287
section shall be subject to supervision by the adult parole	8288
authority in accordance with any recommendation of the adult	8289
parole authority that is approved by the governor. The adult	8290
parole authority shall adopt rules pursuant to section 119.03 of	8291
the Revised Code to establish the procedure for medical release of	8292
an inmate when an inmate is terminally ill, medically	8293
incapacitated, or in imminent danger of death.	8294

(C) No inmate is eligible for release under this section if	8295
the inmate is serving a death sentence, a sentence of life without	8296
parole, or a sentence under Chapter 2971. of the Revised Code for	8297
a felony of the first or second degree~~, a sentence for aggravated~~	8298
~~murder or murder, or a mandatory prison term for an offense of~~	8299
~~violence or any specification described in Chapter 2941. of the~~	8300
~~Revised Code~~.	8301

(D)(1) An inmate shall not be released to a skilled nursing	8302
facility under this section unless the skilled nursing facility	8303
meets all of the following requirements:	8304

(a) The skilled nursing facility is certified as a skilled	8305
nursing facility under Title XVIII or XIX of the "Social Security	8306
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has	8307
obtained any approval or authorization needed for its operation as	8308
described in division (E) of this section.	8309

(b) The skilled nursing facility is under contract with the	8310
department of rehabilitation and correction solely for the care of	8311
inmates released under this section and is certified by the	8312
department.	8313

(c) The skilled nursing facility is located in Ohio, and the	8314
facility's location presents a minimal risk to public safety.	8315

(d) The skilled nursing facility is operated by a licensed	8316
nursing home administrator who has a minimum of six years of	8317
active licensure, a master's degree in healthcare administration,	8318
and experience in the administration of an assisted living	8319
program, a home care program, a skilled nursing facility, a	8320
hospice care program, and a long term acute care hospital.	8321

(e) Employees of the facility or a contractor provide	8322
security to the skilled nursing facility. The security staff shall	8323
be directed by a person with at least thirty years of experience	8324
as a law enforcement officer with a law enforcement agency	8325
employing a minimum of five hundred law enforcement officers,	8326
whose experience includes a minimum of five years of supervisory	8327
experience.	8328

(2) The department of health shall issue a certificate of	8329
need to the operator of a skilled nursing facility that accepts	8330
inmates under this section.	8331

(E) The department of job and family services shall apply to	8332
the centers for medicare and medicaid services of the United	8333
States department of health and human services for any approval or	8334
other authorization needed for the operation of the skilled	8335
nursing facility to be used to provide care to inmates under this	8336
section, and for a statement of the applicable parameters for	8337
operation of the facility. The department shall notify the	8338
facility and the department of rehabilitation and correction of	8339
the grant by the centers of any such approval or authorization	8340
needed for the facility and of the applicable parameters for its	8341
operation.	8342

(F) Sections 3721.10 to 3721.18 of the Revised Code do not	8343
apply to an inmate receiving care in a skilled nursing facility	8344
under divisions (B) to (D) of this section.	8345

Sec. 2967.14. (A) The department of rehabilitation and	8346
correction or the adult parole authority may require or allow a	8347
parolee or, a releasee, or a prisoner otherwise released from a	8348
state correctional institution to reside in a halfway house or	8349
other suitable community residential center that has been licensed	8350
by the division of parole and community services pursuant to	8351
division (C) of this section during a part or for the entire	8352
period of the offender's or parolee's conditional release or of	8353
the releasee's term of post-release control. The court of common	8354
pleas that placed an offender under a sanction consisting of a	8355
term in a halfway house or in an alternative residential sanction	8356
may require the offender to reside in a halfway house or other	8357
suitable community residential center that is designated by the	8358
court and that has been licensed by the division pursuant to	8359
division (C) of this section during a part or for the entire	8360
period of the offender's residential sanction.	8361

(B) The division of parole and community services may	8362
negotiate and enter into agreements with any public or private	8363
agency or a department or political subdivision of the state that	8364
operates a halfway house, reentry center, or community residential	8365
center that has been licensed by the division pursuant to division	8366
(C) of this section. An agreement under this division shall	8367
provide for the purchase of beds, shall set limits of supervision	8368
and levels of occupancy, and shall determine the scope of services	8369
for all eligible offenders, including those subject to a	8370
residential sanction, as defined in rules adopted by the director	8371
of rehabilitation and correction in accordance with Chapter 119.	8372
of the Revised Code, or those released from prison without	8373
supervision. ~~The payments for beds and services shall be equal to~~	8374
~~the halfway house's or community residential center's average~~	8375
~~daily per capita costs with its facility at full occupancy.~~ The	8376
payments for beds and services shall not exceed the total	8377
operating costs of the halfway house, reentry center, or community	8378
residential center during the term of an agreement. The director	8379
of rehabilitation and correction shall adopt rules in accordance	8380
with Chapter 119. of the Revised Code for determining includable	8381
and excludable costs and income to be used in computing the	8382
agency's average daily per capita costs with its facility at full	8383
occupancy.	8384

The department of rehabilitation and correction may use no	8385
more than ten per cent of the amount appropriated to the	8386
department each fiscal year for the halfway house, reentry center,	8387
and community residential center program to pay for contracts for	8388
nonresidential services for offenders under the supervision of the	8389
adult parole authority. The nonresidential services may include,	8390
but are not limited to, treatment for substance abuse, mental	8391
health counseling, ~~and~~ counseling for sex offenders, and	8392
electronic monitoring services.	8393

(C) The division of parole and community services may license	8394
a halfway house, reentry center, or community residential center	8395
as a suitable facility for the care and treatment of adult	8396
offenders, including offenders sentenced under section 2929.16 or	8397
2929.26 of the Revised Code, only if the halfway house, reentry	8398
center, or community residential center complies with the	8399
standards that the division adopts in accordance with Chapter 119.	8400
of the Revised Code for the licensure of halfway houses, reentry	8401
centers, and community residential centers. The division shall	8402
annually inspect each licensed halfway house, licensed reentry	8403
center, and licensed community residential center to determine if	8404
it is in compliance with the licensure standards.	8405

Sec. 2967.19. (A) The director of rehabilitation and	8406
correction may petition the sentencing court for the release from	8407
prison of any offender confined in a state correctional	8408
institution under a stated prison term of one year or more who has	8409
served at least eighty-five per cent of the offender's stated	8410
prison term and is eligible under division (B) of this section for	8411
a release under this section. If the director wishes to submit a	8412
petition for release under this section, the director shall submit	8413
the petition not earlier than ninety days prior to the date on	8414
which the offender has served eighty-five per cent of the	8415
offender's stated prison term. The director's submission of a	8416
petition for release under this section constitutes a	8417
recommendation by the director that the court strongly consider	8418
release of the offender consistent with the purposes and	8419
principles of sentencing set forth in section 2929.13 of the	8420
Revised Code.	8421

(B) Except as otherwise provided in this division, an	8422
offender serving a stated prison term of one year or more is	8423
eligible for release from prison under this section. An offender	8424
is not eligible for release from prison under this section if the	8425
offender is serving a term of life imprisonment, including any	8426
term of life imprisonment that has parole eligibility, if the	8427
offender is serving a mandatory prison term imposed under division	8428
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section	8429
2929.14 of the Revised Code, or if the offender is serving a	8430
prison term for any of the following:	8431

(1) Aggravated murder, murder, voluntary manslaughter,	8432
involuntary manslaughter, felonious assault, kidnapping, rape,	8433
aggravated arson, or aggravated robbery;	8434

(2) Complicity in, an attempt to commit, or conspiracy to	8435
commit any offense listed in division (B)(1) of this section;	8436

(3) Any offense that is a felony of the first or second	8437
degree, that is not described in division (B)(1) or (2) of this	8438
section, and for which the offender is not serving a term of life	8439
imprisonment if the offender previously has been convicted of or	8440
pleaded guilty to aggravated murder, murder, any felony of the	8441
first or second degree, or any offense under an existing or former	8442
law of this state, another state, or the United States that is or	8443
was substantially equivalent to aggravated murder, murder, or a	8444
felony of the first or second degree;	8445

(4) Any felony, other than carrying a concealed weapon, that	8446
was committed while the person had a firearm, as defined in	8447
section 2923.11 of the Revised Code, on or about the offender's	8448
person or under the offender's control;	8449

(5) Any violation of section 2925.03 of the Revised Code that	8450
is a felony of the first or second degree;	8451

(6) Engaging in a pattern of corrupt activity in violation of	8452
section 2923.32 of the Revised Code.	8453

(C) The director shall include with any petition submitted to	8454
the sentencing court under this section an institutional summary	8455
report that covers the offender's participation while confined in	8456
a state correctional institution in school, training, work,	8457
treatment, and other rehabilitative activities and any	8458
disciplinary action taken against the offender while so confined.	8459
The director shall include with the petition a post-release	8460
control assessment and placement plan, when relevant, and any	8461
other documentation requested by the court, if available.	8462

(D) When the director submits a petition under this section	8463
for release of an offender, the department promptly shall give	8464
notice of the petition to the prosecuting attorney of the county	8465
in which the offender was indicted and to any victim of the	8466
offender or victim's representative of any victim of the offender	8467
who is registered with the office of victim's services.	8468

The department also shall post notice of the petition on the	8469
database it maintains under section 5120.66 of the Revised Code	8470
and include information on where a person may send comments	8471
regarding the petition.	8472

(E) Upon receipt of a petition for release of an offender	8473
submitted by the director under this section, the court may deny	8474
the petition without a hearing. The court shall not grant a	8475
petition for release of an offender without a hearing. If a court	8476
denies a petition for release of an offender without a hearing,	8477
the court may later consider release of that offender on a	8478
subsequent petition. The court shall enter its ruling within	8479
thirty days after the petition is filed.	8480

(F) If the court grants a hearing on a petition for release	8481
of an offender, the court shall notify the head of the state	8482
correctional institution in which the offender is confined of the	8483
hearing prior to the hearing. If the court makes a journal entry	8484
ordering the offender to be conveyed to the hearing, except as	8485
otherwise provided in this division, the head of the correctional	8486
institution shall deliver the offender to the sheriff of the	8487
county in which the hearing is to be held, and the sheriff shall	8488
convey the offender to and from the hearing. Upon the court's own	8489
motion or the motion of the offender or the prosecuting attorney	8490
of the county in which the offender was indicted, the court may	8491
permit the offender to appear at the hearing by video conferencing	8492
equipment if equipment of that nature is available and compatible.	8493

Upon receipt of notice from a court of a hearing on the	8494
release of an offender under this division, the head of the state	8495
correctional institution in which the offender is confined	8496
immediately shall notify the appropriate person at the department	8497
of rehabilitation and correction of the hearing, and the	8498
department within twenty-four hours after receipt of the notice	8499
shall post on the database it maintains pursuant to section	8500
5120.66 of the Revised Code the offender's name and all of the	8501
information specified in division (A)(1)(c)(i) of that section. If	8502
the court grants a hearing on a petition for release of an	8503
offender under this section, the court promptly shall give notice	8504
of the hearing to the prosecuting attorney of the county in which	8505
the offender was indicted. Upon receipt of the notice from the	8506
court, the prosecuting attorney shall notify pursuant to section	8507
2930.16 of the Revised Code any victim of the offender or the	8508
victim's representative of the hearing.	8509

(G) If the court grants a hearing on a petition for release	8510
of an offender under this section, at the hearing, the court shall	8511
afford the offender and the offender's attorney an opportunity to	8512
present written information and, if present, oral information	8513
relevant to the motion. The court shall afford a similar	8514
opportunity to the prosecuting attorney, victim or victim's	8515
representative, as defined in section 2930.01 of the Revised Code,	8516
and any other person the court determines is likely to present	8517
additional relevant information. If the court pursuant to division	8518
(F) of this section permits the offender to appear at the hearing	8519
by video conferencing equipment, the offender's opportunity to	8520
present oral information shall be as a part of the video	8521
conferencing. The court shall consider any statement of a victim	8522
made under section 2930.14 or 2930.17 of the Revised Code, any	8523
victim impact statement prepared under 2947.051 of the Revised	8524
Code, and any report, plan, and other documentation submitted by	8525
the director under division (C) of this section. After ruling on	8526
the motion, the court shall notify the victim in accordance with	8527
sections 2930.03 and 2930.16 of the Revised Code.	8528

(H) If the court grants a petition for release of an offender	8529
under this section, it shall order the offender's release under	8530
the supervision of the adult parole authority. The court shall not	8531
make a release under this section effective prior to the date on	8532
which the offender has served at least eighty-five per cent of the	8533
offender's stated prison term. If the sentence under which the	8534
offender is confined in a state correctional institution and from	8535
which the offender is being released was imposed for a felony of	8536
the first or second degree, the court shall order that the	8537
offender be monitored by means of a global positioning device,	8538
with the cost of monitoring borne by the offender through the	8539
imposition of supervision fees under section 5120.56 of the	8540
Revised Code. If the offender is indigent, the cost shall be paid	8541
out of the reparations fund created under section 2743.191 of the	8542
Revised Code. The initial period of supervision by the adult	8543
parole authority and the monitoring of the offender by means of a	8544
global positioning device when ordered shall conclude on the date	8545
of expiration of the stated prison term from which the offender	8546
was released. If the parole board imposed a period of post-release	8547
control on the offender under section 2967.28 of the Revised Code,	8548
upon the conclusion of that initial period of supervision and that	8549
initial period of monitoring when ordered, the offender shall be	8550
placed on post-release control in accordance with the post-release	8551
control sanctions the board imposed on the offender under that	8552
section.	8553

If the court grants a petition for release of an offender	8554
under this section, it shall notify the appropriate person at the	8555
department of rehabilitation and correction of the release, and	8556
the department shall post notice of the release on the database it	8557
maintains pursuant to section 5120.66 of the Revised Code.	8558

(I) Within ninety days after the effective date of this	8559
section, the chair of the parole board or the chair's designee	8560
shall review the cases of all parole-eligible inmates who are age	8561
sixty-five or older and who have had a statutory first parole	8562
consideration hearing.	8563

(J) Upon completion of the review described in division (I)	8564
of this section, the chair of the parole board shall present to	8565
the board the cases of the offenders described in that division.	8566
Upon presentation of the case of an offender, the board, by	8567
majority vote, may choose to rehear the offender's case for	8568
possible release on parole.	8569

(K)(1) An offender who is serving a mandatory prison term	8570
imposed under a provision other than division (D)(1)(a),	8571
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of	8572
the Revised Code is not automatically ineligible as a result of	8573
the offender's service of that term for release from prison under	8574
this section.	8575

(2) An offender who is serving a mandatory prison term	8576
imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g),	8577
or (D)(2) of section 2929.14 of the Revised Code and one or more	8578
other prison terms or mandatory prison terms may be eligible for	8579
release from prison under this section after the offender has	8580
served all mandatory prison terms imposed under division	8581
(D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section	8582
2929.14 of the Revised Code, if the offender otherwise is eligible	8583
for the release under divisions (B) and (K)(1) of this section.	8584

(L) The department shall adopt under Chapter 119. of the	8585
Revised Code any rules necessary to implement this section.	8586

Sec. 2967.193. (A) Except as provided in division (C) of	8587
this section or in section 2929.13, 2929.14, or 2967.13 of the	8588
Revised Code and subject to the maximum total specified in this	8589
section, a person confined in a state correctional institution may	8590
earn one day or seven days of credit, determined based on the	8591
category set forth in division (D)(1), (2), or (3) of this section	8592
in which the person is included, as a deduction from the person's	8593
stated prison term for each ~~full~~completed month during which	8594
the person productively participates in an education program,	8595
vocational training, employment in prison industries, or	8596
treatment for substance abuse~~, treatment as a sex offender, or any~~	8597
~~other constructive program~~as developed by the department with	8598
specific standards for performance by prisoners. ~~At the end of~~	8599
~~each calendar month in which a prisoner productively participates~~	8600
~~in a program or activity listed in this division, the department~~	8601
~~of rehabilitation and correction shall deduct one day from the~~	8602
~~date on which the prisoner's stated prison term will expire.~~The	8603
total number of days of credit that a person may earn under this	8604
section shall not exceed eight per cent of the total number of	8605
days in the person's stated prison term. If the prisoner	8606
violates prison rules, the department may deny the prisoner a	8607
credit that otherwise could have been awarded to the prisoner or	8608
may withdraw one or more credits previously earned by the	8609
prisoner.	8610

~~If a prisoner is released before the expiration of the~~	8611
~~prisoner's stated prison term by reason of credit earned under~~	8612
~~this section, the department shall retain control of the prisoner~~	8613
~~by means of an appropriate post-release control sanction imposed~~	8614
~~by the parole board until the end of the stated prison term if the~~	8615
~~parole board imposes a post-release control sanction pursuant to~~	8616
~~section 2967.28 of the Revised Code. If the parole board is not~~	8617
~~required to impose a post-release control sanction under section~~	8618
~~2967.28 of the Revised Code, the parole board may elect not to~~	8619
~~impose a post-release control sanction on the prisoner.~~	8620

(B) The department of rehabilitation and correction shall	8621
adopt rules that specify the programs or activities for which	8622
credit may be earned under this section, the criteria for	8623
determining productive participation in the programs or activities	8624
and for awarding credit, and the criteria for denying or	8625
withdrawing previously earned credit as a result of a violation of	8626
prison rules.	8627

(C) No person who is serving a sentence of life imprisonment	8628
without parole imposed pursuant to section 2929.03 or 2929.06 of	8629
the Revised Code or, who is serving a prison term or a term of	8630
life imprisonment without parole imposed pursuant to section	8631
2971.03 of the Revised Code, or who is serving a sentence for a	8632
sexually oriented offense shall be awarded any days of credit	8633
under division (A) of this section.	8634

(D) The determination of whether a person confined in a state	8635
correctional institution may earn one day of credit or seven days	8636
of credit under division (A) of this section for each completed	8637
month during which the person productively participates in a	8638
program specified under that division shall be made in accordance	8639
with the following:	8640

(1) The offender may earn one day of credit under division	8641
(A) of this section, except as provided in division (C) of this	8642
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8643
Code, if the most serious offense for which the offender is	8644
confined is any of the following that is a felony of the first or	8645
second degree:	8646

(a) A violation of section 2903.11, 2903.15, 2905.01,	8647
2907.21, 2907.24, 2907.25, 2909.02, 2909.09, 2909.10, 2909.101,	8648
2909.26, 2909.27, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12,	8649
2919.13, 2919.151, 2919.22, 2921.34, 2923.01, 2923.131, 2923.162,	8650
2923.32, 2925.24, or 2927.24 of the Revised Code;	8651

(b) A conspiracy or attempt to commit, or complicity in	8652
committing, aggravated murder, murder, any other offense for which	8653
the maximum penalty is death or imprisonment for life, or any	8654
offense listed in division (D)(1)(a) of this section.	8655

(2) The offender may earn seven days of credit under division	8656
(A) of this section, except as provided in division (C) of this	8657
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8658
Code, if the most serious offense for which the offender is	8659
confined is a felony of the first or second degree and division	8660
(D)(1) of this section does not apply to the offender.	8661

(3) The offender may earn seven days of credit under division	8662
(A) of this section, except as provided in division (C) of this	8663
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	8664
Code, if the most serious offense for which the offender is	8665
confined is a felony of the third, fourth, or fifth degree or an	8666
unclassified felony.	8667

(E) As used in this section, "sexually oriented offense" has	8668
the same meaning as in section 2950.01 of the Revised Code.	8669

Sec. 2967.28. (A) As used in this section:

8670

(1) "Monitored time" means the monitored time sanction	8671
specified in section 2929.17 of the Revised Code.	8672

(2) "Deadly weapon" and "dangerous ordnance" have the same	8673
meanings as in section 2923.11 of the Revised Code.	8674

(3) "Felony sex offense" means a violation of a section	8675
contained in Chapter 2907. of the Revised Code that is a felony.	8676

(B) Each sentence to a prison term for a felony of the first	8677
degree, for a felony of the second degree, for a felony sex	8678
offense, or for a felony of the third degree that is not a felony	8679
sex offense and in the commission of which the offender caused or	8680
threatened to cause physical harm to a person shall include a	8681
requirement that the offender be subject to a period of	8682
post-release control imposed by the parole board after the	8683
offender's release from imprisonment. If a court imposes a	8684
sentence including a prison term of a type described in this	8685
division on or after July 11, 2006, the failure of a sentencing	8686
court to notify the offender pursuant to division (B)(3)(c) of	8687
section 2929.19 of the Revised Code of this requirement or to	8688
include in the judgment of conviction entered on the journal a	8689
statement that the offender's sentence includes this requirement	8690
does not negate, limit, or otherwise affect the mandatory period	8691
of supervision that is required for the offender under this	8692
division. Section 2929.191 of the Revised Code applies if, prior	8693
to July 11, 2006, a court imposed a sentence including a prison	8694
term of a type described in this division and failed to notify the	8695
offender pursuant to division (B)(3)(c) of section 2929.19 of the	8696
Revised Code regarding post-release control or to include in the	8697
judgment of conviction entered on the journal or in the sentence	8698
pursuant to division (F)(1) of section 2929.14 of the Revised Code	8699
a statement regarding post-release control. Unless reduced by the	8700
parole board pursuant to division (D) of this section when	8701
authorized under that division, a period of post-release control	8702
required by this division for an offender shall be of one of the	8703
following periods:	8704

(1) For a felony of the first degree or for a felony sex	8705
offense, five years;	8706

(2) For a felony of the second degree that is not a felony	8707
sex offense, three years;	8708

(3) For a felony of the third degree that is not a felony sex	8709
offense and in the commission of which the offender caused or	8710
threatened physical harm to a person, three years.	8711

(C) Any sentence to a prison term for a felony of the third,	8712
fourth, or fifth degree that is not subject to division (B)(1) or	8713
(3) of this section shall include a requirement that the offender	8714
be subject to a period of post-release control of up to three	8715
years after the offender's release from imprisonment, if the	8716
parole board, in accordance with division (D) of this section,	8717
determines that a period of post-release control is necessary for	8718
that offender. Section 2929.191 of the Revised Code applies if,	8719
prior to July 11, 2006, a court imposed a sentence including a	8720
prison term of a type described in this division and failed to	8721
notify the offender pursuant to division (B)(3)(d) of section	8722
2929.19 of the Revised Code regarding post-release control or to	8723
include in the judgment of conviction entered on the journal or in	8724
the sentence pursuant to division (F)(2) of section 2929.14 of the	8725
Revised Code a statement regarding post-release control. Pursuant	8726
to an agreement entered into under section 2967.29 of the Revised	8727
Code, a court of common pleas or parole board may impose sanctions	8728
or conditions on an offender who is placed on post-release control	8729
under this division.	8730

(D)(1) Before the prisoner is released from imprisonment, the	8731
parole board or, pursuant to an agreement under section 2967.29 of	8732
the Revised Code, the court shall impose upon a prisoner described	8733
in division (B) of this section, may impose upon a prisoner	8734
described in division (C) of this section, and shall impose upon a	8735
prisoner described in division (B)(2)(b) of section 5120.031 or in	8736
division (B)(1) of section 5120.032 of the Revised Code, one or	8737
more post-release control sanctions to apply during the prisoner's	8738
period of post-release control. Whenever the board or court	8739
imposes one or more post-release control sanctions upon a	8740
prisoner, the board or court, in addition to imposing the	8741
sanctions, also shall include as a condition of the post-release	8742
control that the offender not leave the state without permission	8743
of the court or the offender's parole or probation officer and	8744
that the offender abide by the law. The board or court may impose	8745
any other conditions of release under a post-release control	8746
sanction that the board or court considers appropriate, and the	8747
conditions of release may include any community residential	8748
sanction, community nonresidential sanction, or financial sanction	8749
that the sentencing court was authorized to impose pursuant to	8750
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	8751
to the release of a prisoner for whom it will impose one or more	8752
post-release control sanctions under this division, the parole	8753
board or court shall review the prisoner's criminal history, all	8754
juvenile court adjudications finding the prisoner, while a	8755
juvenile, to be a delinquent child, and the record of the	8756
prisoner's conduct while imprisoned. The parole board or court	8757
shall consider any recommendation regarding post-release control	8758
sanctions for the prisoner made by the office of victims'	8759
services. After considering those materials, the board or court	8760
shall determine, for a prisoner described in division (B) of this	8761
section, division (B)(2)(b) of section 5120.031, or division	8762
(B)(1) of section 5120.032 of the Revised Code, which post-release	8763
control sanction or combination of post-release control sanctions	8764
is reasonable under the circumstances or, for a prisoner described	8765
in division (C) of this section, whether a post-release control	8766
sanction is necessary and, if so, which post-release control	8767
sanction or combination of post-release control sanctions is	8768
reasonable under the circumstances. In the case of a prisoner	8769
convicted of a felony of the fourth or fifth degree other than a	8770
felony sex offense, the board or court shall presume that	8771
monitored time is the appropriate post-release control sanction	8772
unless the board or court determines that a more restrictive	8773
sanction is warranted. A post-release control sanction imposed	8774
under this division takes effect upon the prisoner's release from	8775
imprisonment.	8776

Regardless of whether the prisoner was sentenced to the	8777
prison term prior to, on, or after July 11, 2006, prior to the	8778
release of a prisoner for whom it will impose one or more	8779
post-release control sanctions under this division, the parole	8780
board shall notify the prisoner that, if the prisoner violates any	8781
sanction so imposed or any condition of post-release control	8782
described in division (B) of section 2967.131 of the Revised Code	8783
that is imposed on the prisoner, the parole board may impose a	8784
prison term of up to one-half of the stated prison term originally	8785
imposed upon the prisoner.	8786

(2) If a prisoner who is placed on post-release control under	8787
this section is released before the expiration of the prisoner's	8788
stated prison term by reason of credit earned under section	8789
2967.193 of the Revised Code and if the prisoner earned sixty or	8790
more days of credit, the adult parole authority shall supervise	8791
the offender with an active global positioning system device for	8792
the first fourteen days after the offender's release from	8793
imprisonment. This division does not prohibit or limit the	8794
imposition of any post-release control sanction otherwise	8795
authorized by this section.	8796

(3) At any time after a prisoner is released from	8797
imprisonment and during the period of post-release control	8798
applicable to the releasee, the adult parole authority or,	8799
pursuant to an agreement under section 2967.29 of the Revised	8800
Code, the court may review the releasee's behavior under the	8801
post-release control sanctions imposed upon the releasee under	8802
this section. The authority or court may determine, based upon the	8803
review and in accordance with the standards established under	8804
division (E) of this section, that a more restrictive or a less	8805
restrictive sanction is appropriate and may impose a different	8806
sanction. The authority also may recommend that the parole board	8807
or court increase or reduce the duration of the period of	8808
post-release control imposed by the court. If the authority	8809
recommends that the board or court increase the duration of	8810
post-release control, the board or court shall review the	8811
releasee's behavior and may increase the duration of the period of	8812
post-release control imposed by the court up to eight years. If	8813
the authority recommends that the board or court reduce the	8814
duration of control for an offense described in division (B) or	8815
(C) of this section, the board or court shall review the	8816
releasee's behavior and may reduce the duration of the period of	8817
control imposed by the court. In no case shall the board or court	8818
reduce the duration of the period of control imposed for an	8819
offense described in division (B)(1) of this section to a period	8820
less than the length of the stated prison term originally imposed,	8821
and in no case shall the board or court permit the releasee to	8822
leave the state without permission of the court or the releasee's	8823
parole or probation officer.	8824

(E) The department of rehabilitation and correction, in	8825
accordance with Chapter 119. of the Revised Code, shall adopt	8826
rules that do all of the following:	8827

(1) Establish standards for the imposition by the parole	8828
board of post-release control sanctions under this section that	8829
are consistent with the overriding purposes and sentencing	8830
principles set forth in section 2929.11 of the Revised Code and	8831
that are appropriate to the needs of releasees;	8832

(2) Establish standards by which the parole board can	8833
determine which prisoners described in division (C) of this	8834
section should be placed under a period of post-release control;	8835

(3) Establish standards to be used by the parole board in	8836
reducing the duration of the period of post-release control	8837
imposed by the court when authorized under division (D) of this	8838
section, in imposing a more restrictive post-release control	8839
sanction than monitored time upon a prisoner convicted of a felony	8840
of the fourth or fifth degree other than a felony sex offense, or	8841
in imposing a less restrictive control sanction upon a releasee	8842
based on the releasee's activities including, but not limited to,	8843
remaining free from criminal activity and from the abuse of	8844
alcohol or other drugs, successfully participating in approved	8845
rehabilitation programs, maintaining employment, and paying	8846
restitution to the victim or meeting the terms of other financial	8847
sanctions;	8848

(4) Establish standards to be used by the adult parole	8849
authority in modifying a releasee's post-release control sanctions	8850
pursuant to division (D)(2) of this section;	8851

(5) Establish standards to be used by the adult parole	8852
authority or parole board in imposing further sanctions under	8853
division (F) of this section on releasees who violate post-release	8854
control sanctions, including standards that do the following:	8855

(a) Classify violations according to the degree of	8856
seriousness;	8857

(b) Define the circumstances under which formal action by the	8858
parole board is warranted;	8859

8860

(d) Ensure procedural due process to an alleged violator;

8861

(e) Prescribe nonresidential community control sanctions for	8862
most misdemeanor and technical violations;	8863

(f) Provide procedures for the return of a releasee to	8864
imprisonment for violations of post-release control.	8865

(F)(1) Whenever the parole board imposes one or more	8866
post-release control sanctions upon an offender under this	8867
section, the offender upon release from imprisonment shall be	8868
under the general jurisdiction of the adult parole authority and	8869
generally shall be supervised by the field services section	8870
through its staff of parole and field officers as described in	8871
section 5149.04 of the Revised Code, as if the offender had been	8872
placed on parole. If the offender upon release from imprisonment	8873
violates the post-release control sanction or any conditions	8874
described in division (A) of section 2967.131 of the Revised Code	8875
that are imposed on the offender, the public or private person or	8876
entity that operates or administers the sanction or the program or	8877
activity that comprises the sanction shall report the violation	8878
directly to the adult parole authority or to the officer of the	8879
authority who supervises the offender. The authority's officers	8880
may treat the offender as if the offender were on parole and in	8881
violation of the parole, and otherwise shall comply with this	8882
section.	8883

(2) If the adult parole authority or, pursuant to an	8884
agreement under section 2967.29 of the Revised Code, the court	8885
determines that a releasee has violated a post-release control	8886
sanction or any conditions described in division (A) of section	8887
2967.131 of the Revised Code imposed upon the releasee and that a	8888
more restrictive sanction is appropriate, the authority or court	8889
may impose a more restrictive sanction upon the releasee, in	8890
accordance with the standards established under division (E) of	8891
this section or in accordance with the agreement made under	8892
section 2967.29 of the Revised Code, or may report the violation	8893
to the parole board for a hearing pursuant to division (F)(3) of	8894
this section. The authority or court may not, pursuant to this	8895
division, increase the duration of the releasee's post-release	8896
control or impose as a post-release control sanction a residential	8897
sanction that includes a prison term, but the authority or court	8898
may impose on the releasee any other residential sanction,	8899
nonresidential sanction, or financial sanction that the sentencing	8900
court was authorized to impose pursuant to sections 2929.16,	8901
2929.17, and 2929.18 of the Revised Code.	8902

(3) The parole board or, pursuant to an agreement under	8903
section 2967.29 of the Revised Code, the court may hold a hearing	8904
on any alleged violation by a releasee of a post-release control	8905
sanction or any conditions described in division (A) of section	8906
2967.131 of the Revised Code that are imposed upon the releasee.	8907
If after the hearing the board or court finds that the releasee	8908
violated the sanction or condition, the board or court may	8909
increase the duration of the releasee's post-release control up to	8910
the maximum duration authorized by division (B) or (C) of this	8911
section or impose a more restrictive post-release control	8912
sanction. When appropriate, the board or court may impose as a	8913
post-release control sanction a residential sanction that includes	8914
a prison term. The board or court shall consider a prison term as	8915
a post-release control sanction imposed for a violation of	8916
post-release control when the violation involves a deadly weapon	8917
or dangerous ordnance, physical harm or attempted serious physical	8918
harm to a person, or sexual misconduct, or when the releasee	8919
committed repeated violations of post-release control sanctions.	8920
Unless a releasee's stated prison term was reduced pursuant to	8921
section 5120.032 of the Revised Code, the period of a prison term	8922
that is imposed as a post-release control sanction under this	8923
division shall not exceed nine months, and the maximum cumulative	8924
prison term for all violations under this division shall not	8925
exceed one-half of the stated prison term originally imposed upon	8926
the offender as part of this sentence. If a releasee's stated	8927
prison term was reduced pursuant to section 5120.032 of the	8928
Revised Code, the period of a prison term that is imposed as a	8929
post-release control sanction under this division and the maximum	8930
cumulative prison term for all violations under this division	8931
shall not exceed the period of time not served in prison under the	8932
sentence imposed by the court. The period of a prison term that is	8933
imposed as a post-release control sanction under this division	8934
shall not count as, or be credited toward, the remaining period of	8935
post-release control.	8936

If an offender is imprisoned for a felony committed while	8937
under post-release control supervision and is again released on	8938
post-release control for a period of time determined by division	8939
(F)(4)(d) of this section, the maximum cumulative prison term for	8940
all violations under this division shall not exceed one-half of	8941
the total stated prison terms of the earlier felony, reduced by	8942
any prison term administratively imposed by the parole board or	8943
court, plus one-half of the total stated prison term of the new	8944
felony.	8945

(4) Any period of post-release control shall commence upon an	8946
offender's actual release from prison. If an offender is serving	8947
an indefinite prison term or a life sentence in addition to a	8948
stated prison term, the offender shall serve the period of	8949
post-release control in the following manner:	8950

(a) If a period of post-release control is imposed upon the	8951
offender and if the offender also is subject to a period of parole	8952
under a life sentence or an indefinite sentence, and if the period	8953
of post-release control ends prior to the period of parole, the	8954
offender shall be supervised on parole. The offender shall receive	8955
credit for post-release control supervision during the period of	8956
parole. The offender is not eligible for final release under	8957
section 2967.16 of the Revised Code until the post-release control	8958
period otherwise would have ended.	8959

(b) If a period of post-release control is imposed upon the	8960
offender and if the offender also is subject to a period of parole	8961
under an indefinite sentence, and if the period of parole ends	8962
prior to the period of post-release control, the offender shall be	8963
supervised on post-release control. The requirements of parole	8964
supervision shall be satisfied during the post-release control	8965
period.	8966

(c) If an offender is subject to more than one period of	8967
post-release control, the period of post-release control for all	8968
of the sentences shall be the period of post-release control that	8969
expires last, as determined by the parole board or court. Periods	8970
of post-release control shall be served concurrently and shall not	8971
be imposed consecutively to each other.	8972

(d) The period of post-release control for a releasee who	8973
commits a felony while under post-release control for an earlier	8974
felony shall be the longer of the period of post-release control	8975
specified for the new felony under division (B) or (C) of this	8976
section or the time remaining under the period of post-release	8977
control imposed for the earlier felony as determined by the parole	8978
board or court.	8979

Sec. 2981.07. (A) No person shall destroy, damage, remove,	8980
or transfer property that is subject to forfeiture or otherwise	8981
take any action in regard to property that is subject to	8982
forfeiture with purpose to do any of the following:	8983

(1) Prevent or impair the state's or political subdivision's	8984
lawful authority to take the property into its custody or control	8985
under this chapter or to continue holding the property under its	8986
lawful custody or control;	8987

(2) Impair or defeat the court's continuing jurisdiction over	8988
the person and property;	8989

(3) Devalue property that the person knows, or has reasonable	8990
cause to believe, is subject to forfeiture proceedings under this	8991
chapter.	8992

(B)(1) Whoever violates this section is guilty of	8993
interference with or diminishing forfeitable property.	8994

(2) Except as otherwise provided in divisions (B)(3), (4),	8995
and (5) of this section, interference with or diminishing	8996
forfeitable property is a misdemeanor of the first degree.	8997

(3) If the value of the property is ~~five hundred~~one thousand	8998
dollars or more but less than ~~five~~seven thousand five hundred	8999
dollars, interference with or diminishing forfeitable property is	9000
a felony of the fifth degree.	9001

(4) If the value of the property is ~~five~~seven thousand five	9002
hundred dollars or more but less than one hundred fifty thousand	9003
dollars, interference with or diminishing forfeitable property is	9004
a felony of the fourth degree.	9005

(5) If the value of the property is one hundred fifty	9006
thousand dollars or more, interference with or diminishing	9007
forfeitable property is a felony of the third degree.	9008

Sec. 4507.51. (A)(1) Every application for an	9009
identification card or duplicate shall be made on a form	9010
furnished by the registrar of motor vehicles, shall be signed by	9011
the applicant, and by the applicant's parent or guardian if the	9012
applicant is under eighteen years of age, and shall contain the	9013
following information pertaining to the applicant: name, date of	9014
birth, sex, general description including the applicant's height,	9015
weight, hair color, and eye color, address, and social security	9016
number. The application also shall state whether an applicant	9017
wishes to certify willingness to make an anatomical gift under	9018
section 2108.05 of the Revised Code and shall include information	9019
about the requirements of sections 2108.01 to 2108.29 of the	9020
Revised Code that apply to persons who are less than eighteen	9021
years of age. The statement regarding willingness to make such a	9022
donation shall be given no consideration in the decision of	9023
whether to issue an identification card. Each applicant shall be	9024
photographed in color at the time of making application.	9025

(2)(a) The application also shall state whether the applicant	9026
has executed a valid durable power of attorney for health care	9027
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	9028
executed a declaration governing the use or continuation, or the	9029
withholding or withdrawal, of life-sustaining treatment pursuant	9030
to sections 2133.01 to 2133.15 of the Revised Code and, if the	9031
applicant has executed either type of instrument, whether the	9032
applicant wishes the identification card issued to indicate that	9033
the applicant has executed the instrument.	9034

(b) On and after October 7, 2009, the application also shall	9035
state whether the applicant is a veteran, active duty, or	9036
reservist of the armed forces of the United States and, if the	9037
applicant is such, whether the applicant wishes the	9038
identification card issued to indicate that the applicant is a	9039
veteran, active duty, or reservist of the armed forces of the	9040
United States by a military designation on the identification	9041
card.	9042

(3) The registrar or deputy registrar, in accordance with	9043
section 3503.11 of the Revised Code, shall register as an elector	9044
any person who applies for an identification card or duplicate if	9045
the applicant is eligible and wishes to be registered as an	9046
elector. The decision of an applicant whether to register as an	9047
elector shall be given no consideration in the decision of whether	9048
to issue the applicant an identification card or duplicate.	9049

(B) The application for an identification card or duplicate	9050
shall be filed in the office of the registrar or deputy registrar.	9051
Each applicant shall present documentary evidence as required by	9052
the registrar of the applicant's age and identity, and the	9053
applicant shall swear that all information given is true. An	9054
identification card issued by the department of rehabilitation and	9055
correction under section 5120.59 of the Revised Code shall be	9056
sufficient documentary evidence under this division upon	9057
verification of the applicant's social security number by the	9058
registrar or a deputy registrar. Upon issuing an identification	9059
card under this section for a person who has been issued an	9060
identification card under section 5120.59 of the Revised Code, the	9061
registrar or deputy registrar shall destroy the identification	9062
card issued under section 5120.59 of the Revised Code.	9063

All applications for an identification card or duplicate	9064
shall be filed in duplicate, and if submitted to a deputy	9065
registrar, a copy shall be forwarded to the registrar. The	9066
registrar shall prescribe rules for the manner in which a deputy	9067
registrar is to file and maintain applications and other records.	9068
The registrar shall maintain a suitable, indexed record of all	9069
applications denied and cards issued or canceled.	9070

(C) In addition to any other information it contains, on and	9071
after the date that is fifteen months after the effective date of	9072
this amendment, the form furnished by the registrar of motor	9073
vehicles for an application for an identification card or	9074
duplicate shall inform applicants that the applicant must present	9075
a copy of the applicant's DD-214 or an equivalent document in	9076
order to qualify to have the card or duplicate indicate that the	9077
applicant is an honorably discharged veteran of the armed forces	9078
of the United States based on a request made pursuant to division	9079
(A)(2)(b) of this section.	9080

Sec. 5120.035. (A) As used in this section:

9081

(1) "Alcohol and drug addiction services" has the same	9082
meaning as in section 3793.01 of the Revised Code.	9083

(2) "Second Chance Act" means the "Second Chance Act of 2007:	9084
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42	9085
U.S.C. 17501, et seq., as now or hereafter amended.	9086

(B) The department of rehabilitation and correction, together	9087
with the department of alcohol and drug addiction services as the	9088
single state authority for alcohol and drug addiction services,	9089
shall develop an implementation plan related to any funding	9090
approved by the bureau of justice assistance of the United States	9091
department of justice through the Second Chance Act related to	9092
reentry of offenders into the community. The department of	9093
rehabilitation and correction, together with the department of	9094
alcohol and drug addiction services, shall develop the plan not	9095
later than ninety days after either of the departments is notified	9096
by the United States department of justice that this state will	9097
receive funding through the Second Chance Act. The implementation	9098
plan shall include, but is not limited to, all of the following:	9099

(1) A process and funding system for the reentry of offenders	9100
seeking alcohol and drug addiction services;	9101

(2) The planning, development, implementation, outcomes,	9102
monitoring, regulation, and evaluation of a statewide system for	9103
clinically appropriate alcohol and drug addiction services.	9104

Sec. 5120.07. (A) There is hereby created the ex-offender	9105
reentry coalition consisting of the following seventeen members or	9106
their designees:	9107

(1) The director of rehabilitation and correction;

9108

(2) The director of aging;

9109

(3) The director of alcohol and drug addiction services;

9110

(4) The director of development;

9111

(5) The superintendent of public instruction;

9112

(6) The director of health;

9113

(7) The director of job and family services;

9114

(8) The director of mental health;

9115

(9) The director of mental retardation and developmental	9116
disabilities;	9117

(10) The director of public safety;

9118

(11) The director of youth services;

9119

(12) The chancellor of the Ohio board of regents;

9120

(13) ~~The director~~A representative or member of the	9121
governor's ~~office of external affairs and economic opportunity~~	9122
staff;	9123

(14) ~~The director of the governor's office of faith-based and~~	9124
~~community initiatives;~~	9125

~~(15)~~ The director of the rehabilitation services commission;

9126

~~(16)~~(15) The director of the department of commerce;

9127

~~(17)~~(16) The executive director of a health care licensing	9128
board created under Title XLVII of the Revised Code, as appointed	9129
by the chairperson of the coalition;	9130

(17) The director of veterans services.

9131

(B) The members of the coalition shall serve without	9132
compensation. The director of rehabilitation and correction or the	9133
director's designee shall be the chairperson of the coalition.	9134

(C) In consultation with persons interested and involved in	9135
the reentry of ex-offenders into the community, including but not	9136
limited to, service providers, community-based organizations, and	9137
local governments, the coalition shall identify and examine social	9138
service barriers and other obstacles to the reentry of	9139
ex-offenders into the community. Not later than one year after ~~the~~	9140
~~effective date of this act~~April 7, 2009, and on or before the	9141
same date of each year thereafter, the coalition shall submit to	9142
the speaker of the house of representatives and the president of	9143
the senate a report, including recommendations for legislative	9144
action, the activities of the coalition, and the barriers	9145
affecting the successful reentry of ex-offenders into the	9146
community. The report shall analyze the effects of those barriers	9147
on ex-offenders and on their children and other family members in	9148
various areas, including but not limited to, the following:	9149

(1) Admission to public and other housing;

9150

(2) Child support obligations and procedures;

9151

(3) Parental incarceration and family reunification;

9152

(4) Social security benefits, veterans' benefits, food	9153
stamps, and other forms of public assistance;	9154

(5) Employment;

9155

(6) Education programs and financial assistance;

9156

(7) Substance abuse, mental health, and sex offender	9157
treatment programs and financial assistance;	9158

(8) Civic and political participation;

9159

(9) Other collateral consequences under the Revised Code or	9160
the Ohio administrative code law that may result from a criminal	9161
conviction.	9162

Sec. 5120.10. (A)(1) The director of rehabilitation and	9163
correction, by rule, shall promulgate minimum standards for jails	9164
in Ohio, including minimum security jails dedicated under section	9165
341.34 or 753.21 of the Revised Code. Whenever the director files	9166
a rule or an amendment to a rule in final form with both the	9167
secretary of state and the director of the legislative service	9168
commission pursuant to section 111.15 of the Revised Code, the	9169
director of rehabilitation and correction promptly shall send a	9170
copy of the rule or amendment, if the rule or amendment pertains	9171
to minimum jail standards, by ordinary mail to the political	9172
subdivisions or affiliations of political subdivisions that	9173
operate jails to which the standards apply.	9174

(2) The rules promulgated in accordance with division (A)(1)	9175
of this section shall serve as criteria for the investigative and	9176
supervisory powers and duties vested by division (D) of this	9177
section in the division of parole and community services of the	9178
department of rehabilitation and correction or in another division	9179
of the department to which those powers and duties are assigned.	9180

(B) The director may initiate an action in the court of	9181
common pleas of the county in which a facility that is subject to	9182
the rules promulgated under division (A)(1) of this section is	9183
situated to enjoin compliance with the minimum standards for jails	9184
or with the minimum standards and minimum renovation,	9185
modification, and construction criteria for minimum security	9186
jails.	9187

(C) Upon the request of an administrator of a jail facility,	9188
the chief executive of a municipal corporation, or a board of	9189
county commissioners, the director of rehabilitation and	9190
correction or the director's designee shall grant a variance from	9191
the minimum standards for jails in Ohio for a facility that is	9192
subject to one of those minimum standards when the director	9193
determines that strict compliance with the minimum standards would	9194
cause unusual, practical difficulties or financial hardship, that	9195
existing or alternative practices meet the intent of the minimum	9196
standards, and that granting a variance would not seriously affect	9197
the security of the facility, the supervision of the inmates, or	9198
the safe, healthful operation of the facility. If the director or	9199
the director's designee denies a variance, the applicant may	9200
appeal the denial pursuant to section 119.12 of the Revised Code.	9201

(D) The following powers and duties shall be exercised by the	9202
division of parole and community services unless assigned to	9203
another division by the director:	9204

(1) The investigation and supervision of county and municipal	9205
jails, workhouses, minimum security jails, and other correctional	9206
institutions and agencies;	9207

(2) The review and approval of plans submitted to the	9208
department of rehabilitation and correction pursuant to division	9209
(E) of this section;	9210

(3) The management and supervision of the adult parole	9211
authority created by section 5149.02 of the Revised Code;	9212

(4) The review and approval of proposals for community-based	9213
correctional facilities and programs and district community-based	9214
correctional facilities and programs that are submitted pursuant	9215
to division (B) of section 2301.51 of the Revised Code;	9216

(5) The distribution of funds made available to the division	9217
for purposes of assisting in the renovation, maintenance, and	9218
operation of community-based correctional facilities and programs	9219
and district community-based correctional facilities and programs	9220
in accordance with section 5120.112 of the Revised Code;	9221

(6) The performance of the duty imposed upon the department	9222
of rehabilitation and correction in section 5149.31 of the Revised	9223
Code to establish and administer a program of subsidies to	9224
eligible municipal corporations, counties, and groups of	9225
contiguous counties for the development, implementation, and	9226
operation of community-based corrections programs;	9227

(7) Licensing halfway houses and community residential	9228
centers for the care and treatment of adult offenders in	9229
accordance with section 2967.14 of the Revised Code;	9230

(8) Contracting with a public or private agency or a	9231
department or political subdivision of the state that operates a	9232
licensed halfway house or community residential center for the	9233
provision of housing, supervision, and other services to parolees,	9234
releasees, persons placed under a residential sanction, persons	9235
under transitional control, and other eligible offenders in	9236
accordance with section 2967.14 of the Revised Code.	9237

Other powers and duties may be assigned by the director of	9238
rehabilitation and correction to the division of parole and	9239
community services. This section does not apply to the department	9240
of youth services or its institutions or employees.	9241

(E) No plan for any new jail, workhouse, or lockup, and no	9242
plan for a substantial addition or alteration to an existing jail,	9243
workhouse, or lockup, shall be adopted unless the officials	9244
responsible for adopting the plan have submitted the plan to the	9245
department of rehabilitation and correction for approval, and the	9246
department has approved the plan as provided in division (D)(2) of	9247
this section.	9248

(F) The division of parole and community services shall	9249
review, approve, and certify proposals for community alternative	9250
sentencing centers and district community alternative sentencing	9251
centers that are submitted pursuant to section 307.932 of the	9252
Revised Code.	9253

Sec. 5120.111. With respect to community-based correctional	9254
facilities and programs and district community-based correctional	9255
facilities and programs authorized under section 2301.51 of the	9256
Revised Code and to community alternative sentencing centers and	9257
district community alternative sentencing centers authorized under	9258
section 307.932 of the Revised Code, the department of	9259
rehabilitation and correction shall do all of the following:	9260

(A) Adopt rules, under Chapter 119. of the Revised Code, that	9261
serve as criteria for the operation of community-based	9262
correctional facilities and programs and district community-based	9263
correctional facilities and programs approved in accordance with	9264
sections 2301.51 and 5120.10 of the Revised Code;	9265

(B) Adopt rules, under Chapter 119. of the Revised Code,	9266
governing the procedures for the submission of proposals for the	9267
establishment of community-based correctional facilities and	9268
programs and district community-based correctional facilities and	9269
programs to the division of parole and community services under	9270
division (B) of section 2301.51 of the Revised Code or for the	9271
establishment and operation of community alternative sentencing	9272
centers and district community alternative sentencing centers	9273
under section 307.932 of the Revised Code and adopt rules under	9274
Chapter 119. of the Revised Code that establish certification	9275
guidelines for community alternative sentencing centers and	9276
district community alternative sentencing centers under section	9277
307.932 of the Revised Code;	9278

(C) Prescribe forms that are to be used by facility governing	9279
boards of community-based correctional facilities and programs and	9280
district community-based correctional facilities and programs in	9281
making application for state financial assistance under section	9282
2301.56 of the Revised Code;	9283

(D) Adopt rules, under Chapter 119. of the Revised Code, that	9284
prescribe the standards of operation for the facilities and	9285
programs that must be satisfied for ~~the~~community-based	9286
correctional facilities and programs and district community-based	9287
correctional facilities and programs to be eligible for state	9288
financial assistance;	9289

(E) Through the division of parole and community services,	9290
accept and review proposals for the establishment of ~~the~~	9291
community-based correctional facilities and programs and district	9292
community-based correctional facilities and programs and approve	9293
those proposals that satisfy the minimum requirements contained in	9294
section 2301.52 of the Revised Code; and administer the program	9295
for state financial assistance to the facilities and programs in	9296
accordance with section 5120.112 of the Revised Code;	9297

(F) Accept, through the division of parole and community	9298
services, and review proposals for the establishment and operation	9299
of community alternative sentencing centers and district	9300
community alternative sentencing centers and approve and certify	9301
those proposals that satisfy the requirements contained in section	9302
307.932 of the Revised Code.	9303

Sec. 5120.113. (A) For each inmate committed to the	9304
department of rehabilitation and correction, except as provided in	9305
division (B) of this section, the department shall prepare a	9306
written reentry plan for the inmate to help guide the inmate's	9307
rehabilitation program during imprisonment, to assist in the	9308
inmate's reentry into the community, and to assess the inmate's	9309
needs upon release.	9310

(B) Division (A) of this section does not apply to an inmate	9311
who has been sentenced to life imprisonment without parole or who	9312
has been sentenced to death. Division (A) of this section does not	9313
apply to any inmate who is expected to be imprisoned for thirty	9314
days or less, but the department may prepare a written reentry	9315
plan of the type described in that division if the department	9316
determines that the plan is needed.	9317

(C) The department may collect, if available, any social and	9318
other information that will aid in the preparation of reentry	9319
plans under this section.	9320

(D) In the event the department does not prepare a written	9321
reentry plan as specified in division (A) of this section, or	9322
makes a decision to not prepare a written reentry plan under	9323
division (B) of this section or to not collect information under	9324
division (C) of this section, that fact does not give rise to a	9325
claim for damages against the state, the department, the director	9326
of the department, or any employee of the department.	9327

Sec. 5120.59. Before a prisoner is released from a state	9328
correctional institution, the department of rehabilitation and	9329
correction shall attempt to verify the prisoner's identification	9330
and social security number. If the department is not able to	9331
verify the prisoner's identification and social security number,	9332
if the prisoner has no other documentary evidence required by the	9333
registrar of motor vehicles for the issuance of an identification	9334
card under section 4507.50 of the Revised Code, and if the	9335
department determines that the prisoner is legally living in the	9336
United States, the department shall issue to the prisoner upon the	9337
prisoner's release an identification card that the prisoner may	9338
present to the registrar or a deputy registrar of motor vehicles	9339
~~to obtain an identification card under section 4507.50 of the~~	9340
~~Revised Code. The director of rehabilitation and correction may~~	9341
~~adopt rules for the implementation of this section~~.	9342

Sec. 5120.60. (A) There is hereby created in the division of	9343
parole and community services the office of ~~victims'~~victim	9344
services.	9345

(B) The office shall provide assistance to victims of crime,	9346
victims' representatives designated under section 2930.02 of the	9347
Revised Code, and members of the victim's family. The assistance	9348
shall include, but not be limited to, providing information about	9349
the policies and procedures of the department of rehabilitation	9350
and correction and the status of offenders under the department's	9351
jurisdiction.	9352

(C) The office shall also make available publications that	9353
will assist victims in contacting staff of the department about	9354
problems with offenders under the supervision of the adult parole	9355
authority or confined in state correctional institutions under the	9356
department's jurisdiction.	9357

(D) The office shall employ a ~~victims~~victim coordinator who	9358
shall administer the office's functions. The ~~victims~~victim	9359
coordinator shall be in the unclassified civil service and report	9360
directly to the chief of the division.	9361

(E) The office shall also employ at least three persons in	9362
the unclassified civil service whose primary duties shall be to	9363
help parole board hearing officers identify victims' issues and to	9364
make recommendations to the parole board in accordance with rules	9365
adopted by the department. ~~The member of the parole board~~	9366
~~appointed pursuant to division (B) of section 5149.10 of the~~	9367
~~Revised Code shall approve the hiring of the employees of the~~	9368
~~office.~~	9369

(F) The office shall coordinate its activities with the	9370
member of the parole board appointed pursuant to division (B) of	9371
section 5149.10 of the Revised Code. The ~~victims~~victim	9372
coordinator and other employees of the office shall have full	9373
access to records of prisoners under the department's	9374
jurisdiction.	9375

(G) Information provided to the office of victim services by	9376
victims of crime or a victim representative designated under	9377
section 2930.02 of the Revised Code for the purpose of program	9378
participation, of receiving services, or to communicate acts of an	9379
inmate or person under the supervision of the adult parole	9380
authority that threaten the safety and security of the victim	9381
shall be confidential and is not a public record under section	9382
149.43 of the Revised Code.	9383

(H)(1) If a person who was convicted of or pleaded guilty to	9384
an offense of violence that is a felony escapes from a	9385
correctional institution under the control of the department of	9386
rehabilitation and correction or otherwise escapes from the	9387
custody of the department, the office of victim services shall	9388
notify each victim of the offense or offenses committed by that	9389
person of that person's escape and, if applicable, of that	9390
person's subsequent apprehension. The office shall give this	9391
notice as soon as practicable after the escape and the office	9392
identifies and locates the victim. The office shall give this	9393
notice to each victim of the escaped person, regardless of whether	9394
the victim is registered for notification with the office, unless	9395
the victim has specifically notified the office that the victim	9396
does not wish to be notified regarding the person.	9397

The office may give the notice required by this division by	9398
telephone, in person, or by e-mail or other electronic means. If	9399
the office cannot locate a victim to whom notice is to be provided	9400
under this division, the office shall send the notice in writing	9401
to the last known address of that victim.	9402

(2) If a person escapes as described in division (H)(1) of	9403
this section, the office of victim services may request assistance	9404
from the prosecuting attorney of the county in which the person	9405
was convicted of or pleaded guilty to the offense in identifying	9406
and locating the victim of the offense.	9407

(I) Any reference in any Revised Code section other than this	9408
section to the "office of victims' services" of the division of	9409
parole and community services or of the department of	9410
rehabilitation and correction shall be construed as being a	9411
reference to, and meaning, the office of victim services created	9412
by division (A) of this section.	9413

(J) As used in this section, "crime," "member of the victim's	9414
family," and "victim" have the meanings given in section 2930.01	9415
of the Revised Code.	9416

Sec. 5120.66. (A) Within ninety days after November 23,	9417
2005, but not before January 1, 2006, the department of	9418
rehabilitation and correction shall establish and operate on the	9419
internet a database that contains all of the following:	9420

(1) For each inmate in the custody of the department under a	9421
sentence imposed for a conviction of or plea of guilty to any	9422
offense, all of the following information:	9423

(a) The inmate's name;

9424

(b) For each offense for which the inmate was sentenced to a	9425
prison term or term of imprisonment and is in the department's	9426
custody, the name of the offense, the Revised Code section of	9427
which the offense is a violation, the gender of each victim of the	9428
offense if those facts are known, whether each victim of the	9429
offense was an adult or child if those facts are known, the range	9430
of the possible prison terms or term of imprisonment that could	9431
have been imposed for the offense, the actual prison term or term	9432
of imprisonment imposed for the offense, the county in which the	9433
offense was committed, the date on which the inmate began serving	9434
the prison term or term of imprisonment imposed for the offense,	9435
and either the date on which the inmate will be eligible for	9436
parole relative to the offense if the prison term or term of	9437
imprisonment is an indefinite term or life term or the date on	9438
which the term ends if the prison term is a definite term;	9439

(c) All of the following information that is applicable	9440
regarding the inmate:	9441

(i) If known to the department prior to the conduct of any	9442
hearing for judicial release of the defendant pursuant to section	9443
2929.20 of the Revised Code in relation to any prison term or term	9444
of imprisonment the inmate is serving for any offense or any	9445
hearing for release of the defendant pursuant to section 2967.19	9446
of the Revised Code in relation to any such term, notice of the	9447
fact that the inmate will be having a hearing regarding a possible	9448
grant of judicial release or release, the date of the hearing, and	9449
the right of any person pursuant to division (J) of ~~that~~ section	9450
2929.20 or division (G) of section 2967.19 of the Revised Code,	9451
whichever is applicable, to submit to the court a written	9452
statement regarding the possible judicial release;or release. The	9453
department also shall post notice of the filing of any petition	9454
for release of the inmate pursuant to section 2967.19 of the	9455
Revised Code, as required by division (D) of that section.	9456

(ii) If the inmate is serving a prison term pursuant to	9457
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	9458
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	9459
Code, prior to the conduct of any hearing pursuant to section	9460
2971.05 of the Revised Code to determine whether to modify the	9461
requirement that the inmate serve the entire prison term in a	9462
state correctional facility in accordance with division (C) of	9463
that section, whether to continue, revise, or revoke any existing	9464
modification of that requirement, or whether to terminate the	9465
prison term in accordance with division (D) of that section,	9466
notice of the fact that the inmate will be having a hearing	9467
regarding those determinations and of the date of the hearing;	9468

(iii) At least three weeks before the adult parole authority	9469
recommends a pardon or commutation of sentence for the inmate or	9470
at least three weeks prior to a hearing before the adult parole	9471
authority regarding a grant of parole to the inmate in relation to	9472
any prison term or term of imprisonment the inmate is serving for	9473
any offense, notice of the fact that the inmate might be under	9474
consideration for a pardon or commutation of sentence or will be	9475
having a hearing regarding a possible grant of parole, of the date	9476
of any hearing regarding a possible grant of parole, and of the	9477
right of any person to submit a written statement regarding the	9478
pending action;	9479

(iv) At least three weeks before the inmate is transferred to	9480
transitional control under section 2967.26 of the Revised Code in	9481
relation to any prison term or term of imprisonment the inmate is	9482
serving for any offense, notice of the pendency of the transfer,	9483
of the date of the possible transfer, and of the right of any	9484
person to submit a statement regarding the possible transfer;	9485

(v) Prompt notice of the inmate's escape from any facility in	9486
which the inmate was incarcerated and of the capture of the inmate	9487
after an escape;	9488

(vi) Notice of the inmate's death while in confinement;

9489

(vii) Prior to the release of the inmate from confinement,	9490
notice of the fact that the inmate will be released, of the date	9491
of the release, and, if applicable, of the standard terms and	9492
conditions of the release;	9493

(viii) Notice of the inmate's judicial release pursuant to	9494
section 2929.20 of the Revised Code or release pursuant to section	9495
2967.19 of the Revised Code.	9496

(2) Information as to where a person can send written	9497
statements of the types referred to in divisions (A)(1)(c)(i),	9498
(iii), and (iv) of this section.	9499

(B)(1) The department shall update the database required	9500
under division (A) of this section every twenty-four hours to	9501
ensure that the information it contains is accurate and current.	9502

(2) The database required under division (A) of this section	9503
is a public record open for inspection under section 149.43 of the	9504
Revised Code. The department shall make the database searchable by	9505
inmate name and by the county and zip code where the offender	9506
intends to reside after release from a state correctional	9507
institution if this information is known to the department.	9508

(3) The database required under division (A) of this section	9509
may contain information regarding inmates who are listed in the	9510
database in addition to the information described in that	9511
division.	9512

(4) No information included on the database required under	9513
division (A) of this section shall identify or enable the	9514
identification of any victim of any offense committed by an	9515
inmate.	9516

(C) The failure of the department to comply with the	9517
requirements of division (A) or (B) of this section does not give	9518
any rights or any grounds for appeal or post-conviction relief to	9519
any inmate.	9520

(D) This section, and the related provisions of sections	9521
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	9522
in the act in which this section was enacted, shall be known as	9523
"Laura's Law."	9524

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

9525

(A) "Authority" means the adult parole authority created by	9526
section 5149.02 of the Revised Code.	9527

(B) "State correctional institution," "pardon,"	9528
"commutation," "reprieve," "parole," "head of a state correctional	9529
institution," "convict," "prisoner," "parolee," "final release,"	9530
and "parole violator" have the same meanings as in section 2967.01	9531
of the Revised Code.	9532

(C) "Full board hearing" means a parole board hearing	9533
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	9534
described in section 5149.101 of the Revised Code.	9535

Sec. 5149.10. (A)(1) The parole board shall consist of up to	9536
twelve members, one of whom shall be designated as chairperson by	9537
the director of the department of rehabilitation and correction	9538
and who shall continue as chairperson until a successor is	9539
designated, and any other personnel that are necessary for the	9540
orderly performance of the duties of the board. In addition to the	9541
rules authorized by section 5149.02 of the Revised Code, the chief	9542
of the adult parole authority, subject to the approval of the	9543
chief of the division of parole and community services and subject	9544
to this section, shall adopt rules governing the proceedings of	9545
the parole board. The rules shall provide for the convening of	9546
full board hearings, the procedures to be followed in full board	9547
hearings, and general procedures to be followed in other hearings	9548
of the board and by the board's hearing officers. The rules also	9549
shall require agreement by a majority of all the board members to	9550
any recommendation of clemency transmitted to the governor.	9551

(2) When the board members sit as a full board, the	9552
chairperson shall preside. The chairperson shall also allocate the	9553
work of the parole board among the board members. The full board	9554
shall meet at least once each month. In the case of a tie vote on	9555
the full board, the chief of the adult parole authority shall cast	9556
the deciding vote. The chairperson may designate a person to serve	9557
in the chairperson's place.	9558

(3)(a) Except for the chairperson, except for the member	9559
appointed under division (B) of this section, and except as	9560
otherwise provided in division (A)(3)(b) of this section, a member	9561
appointed to the parole board shall be appointed to a six-year	9562
term. A member shall hold office from the date of appointment	9563
until the end of the term for which the member was appointed. A	9564
member is eligible for reappointment for another six-year term	9565
that may or may not be consecutive to the first six-year term. A	9566
member is not eligible for reappointment after serving two	9567
six-year terms whether or not served consecutively. Vacancies	9568
shall be filled in the same manner provided for original	9569
appointments. Any member appointed under this division to fill a	9570
vacancy occurring prior to the expiration date of the term for	9571
which the member's predecessor was appointed shall begin that	9572
member's first six-year term upon appointment, regardless of the	9573
time remaining in the term of the member's predecessor. A member	9574
appointed under this division shall continue in office subsequent	9575
to the expiration date of the member's term until the member's	9576
successor takes office or until a period of sixty days has	9577
elapsed, whichever occurs first.	9578

(b) A member of the parole board on the effective date of	9579
this amendment who has served on the board less than six years	9580
shall have the time so served applied toward a six-year term and	9581
at the end of that six-year term shall be eligible for	9582
reappointment to an additional six-year term. A member of the	9583
parole board on the effective date of this amendment who has	9584
served on the board at least six years but less than twelve years	9585
shall have six of the years so served applied toward the first	9586
six-year term and the remaining time so served applied toward a	9587
second six-year term, shall serve the remainder of that second	9588
six-year term, and at the end of that second six-year term shall	9589
not be eligible for reappointment. A member of the parole board on	9590
the effective date of this amendment who has served on the board	9591
twelve years or longer shall serve until a successor member is	9592
appointed or a period of six months after the effective date of	9593
this amendment has elapsed, whichever occurs first, and after the	9594
end of that service shall be eligible for reappointment to an	9595
additional six-year term.	9596

(4) Except as otherwise provided in division (B) of this	9597
section, no person shall be appointed a member of the board who is	9598
not qualified by education or experience in correctional work,	9599
including law enforcement, prosecution of offenses, advocating for	9600
the rights of victims of crime, probation, or parole, in law, in	9601
social work, or in a combination of the three categories.	9602

(B) The director of rehabilitation and correction, in	9603
consultation with the governor, shall appoint one member of the	9604
board, who shall be a person who has been a victim of crime or who	9605
is a member of a victim's family or who represents an organization	9606
that advocates for the rights of victims of crime. After	9607
appointment, this member shall be an unclassified employee of the	9608
department of rehabilitation and correction.	9609

The initial appointment shall be for a term ending four years	9610
after July 1, 1996. Thereafter, the term of office of the member	9611
appointed under this division shall be for four years, with each	9612
term ending on the same day of the same month as did the term that	9613
it succeeds. The member shall hold office from the date of	9614
appointment until the end of the term for which the member was	9615
appointed and may be reappointed. Vacancies shall be filled in the	9616
manner provided for original appointments. Any member appointed	9617
under this division to fill a vacancy occurring prior to the	9618
expiration date of the term for which the member's predecessor was	9619
appointed shall hold office as a member for the remainder of that	9620
term. The member appointed under this division shall continue in	9621
office subsequent to the expiration date of the member's term	9622
until the member's successor takes office or until a period of	9623
sixty days has elapsed, whichever occurs first.	9624

The member appointed under this division shall be compensated	9625
in the same manner as other board members and shall be reimbursed	9626
for actual and necessary expenses incurred in the performance of	9627
the members' duties. The member may vote on all cases heard by the	9628
full board under section 5149.101 of the Revised Code, has such	9629
duties as are assigned by the chairperson of the board, and shall	9630
coordinate the member's activities with the office of victims'	9631
services created under section 5120.60 of the Revised Code.	9632

As used in this division, "crime," "member of the victim's	9633
family," and "victim" have the meanings given in section 2930.01	9634
of the Revised Code.	9635

(C) The chairperson shall submit all recommendations for or	9636
against clemency directly to the governor.	9637

(D) The chairperson shall transmit to the chief of the adult	9638
parole authority all determinations for or against parole made by	9639
the board. Parole determinations are final and are not subject to	9640
review or change by the chief.	9641

(E) In addition to its duties pertaining to parole and	9642
clemency, if an offender is sentenced to a prison term pursuant to	9643
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	9644
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	9645
Code, the parole board shall have control over the offender's	9646
service of the prison term during the entire term unless the board	9647
terminates its control in accordance with section 2971.04 of the	9648
Revised Code. The parole board may terminate its control over the	9649
offender's service of the prison term only in accordance with	9650
section 2971.04 of the Revised Code.	9651

Sec. 5149.33. No municipal corporation, county, or group of	9652
counties receiving a subsidy under division (A) of section 5149.31	9653
of the Revised Code shall reduce, by the amount of the subsidy it	9654
receives or by a greater or lesser amount, the amount of local,	9655
nonfederal funds it expends for corrections, including, but not	9656
limited to, the amount of local, nonfederal funds it expends for	9657
the operation of the county, multicounty, municipal,	9658
municipal-county, or multicounty-municipal jail or workhouse, for	9659
any county or municipal probation department, or for any community	9660
corrections program. Each subsidy shall be used to make	9661
corrections expenditures in excess of those being made from local,	9662
nonfederal funds. No subsidy or portion of a subsidy shall be used	9663
to make capital improvements. If a recipient violates this	9664
section, the department of rehabilitation and correction ~~shall~~may	9665
discontinue subsidy payments to the recipient.	9666

Sec. 5149.34. (A)(1) If a county desires to receive a	9667
subsidy from a subsidy program established under division (A) of	9668
section 5149.31 of the Revised Code for community corrections	9669
programs as described in division (B) of that section, the board	9670
of county commissioners of the county shall establish, by a	9671
resolution as described in this division, and maintain a local	9672
corrections planning board that, except as provided in division	9673
(A)(2) of this section, shall include an administrator of a	9674
county, multicounty, municipal, municipal-county, or	9675
multicounty-municipal jail or workhouse located in the county,; a	9676
county commissioner of that county,; a judge of the court of	9677
common pleas of that county,; a judge of a municipal court or	9678
county court of that county,; an attorney whose practice of law	9679
primarily involves the representation of criminal defendants,; the	9680
chief law enforcement officer of the largest municipal corporation	9681
located in the county,; the county sheriff,; one or more	9682
prosecutors, as defined in section 2935.01 of the Revised Code,;	9683
the executive director of the board of alcohol, drug addiction,	9684
and mental health services serving that county or the executive	9685
director's designee, or the executive directors of both the	9686
community mental health board and the alcohol and drug addiction	9687
services board serving that county or their designees, whichever	9688
is applicable; the executive director of the county board of	9689
mental retardation and developmental disabilities of that county	9690
or the executive director's designee; an administrator of a	9691
halfway house serving that county, if any, or the administrator's	9692
designee; an administrator of a community-based correctional	9693
facility, if any, serving the court of common pleas of that county	9694
or the administrator's designee; an administrator of a community	9695
corrections act-funded program in that county, if any, or the	9696
administrator's designee; one or more representatives of the	9697
public, one of whom shall be a victim of crime,; one or more	9698
additional representatives of the law enforcement community,; one	9699
or more additional representatives of the judiciary,; one or more	9700
additional representatives of the field of corrections,; and	9701
officials from the largest municipal corporation located in the	9702
county. A majority of the members of the board shall be employed	9703
in the adult criminal justice field. At least two members of the	9704
board shall be members of the largest racial minority population,	9705
if any, in the county, and at least two other members of the board	9706
shall be women. The resolution shall state the number and nature	9707
of the members, the duration of their terms, the manner of filling	9708
vacancies on the board, and the compensation, if any, that members	9709
are to receive. The board of county commissioners also may	9710
specify, as part of the resolution, any other duties the local	9711
corrections planning board is to assume.	9712

(2) If, for good cause shown, including, but not limited to,	9713
the refusal of a specified individual to serve on a local	9714
corrections planning board, a particular county is not able to	9715
satisfy the requirements specified in division (A)(1) of this	9716
section for the composition of such a board, the director of	9717
rehabilitation and correction may waive the requirements to the	9718
extent necessary and approve a composition for the board that	9719
otherwise is consistent with the requirements.	9720

(B) Each local corrections planning board established	9721
pursuant to division (A) of this section shall adopt within	9722
eighteen months after its establishment, and from time to time	9723
shall revise, a comprehensive plan for the development,	9724
implementation, and operation of corrections services in the	9725
county. The plan shall be adopted and revised after consideration	9726
has been given to the impact that it will have or has had on the	9727
populations of state correctional institutions and county,	9728
multicounty, municipal, municipal-county, or multicounty-municipal	9729
jails or workhouses in the county, and shall be designed to unify	9730
or coordinate corrections services in the county and to reduce the	9731
number of persons committed, consistent with the standards adopted	9732
under division (B) of section 5149.31 of the Revised Code, from	9733
that county to state correctional institutions and to county,	9734
multicounty, municipal, municipal-county, or multicounty-municipal	9735
jails or workhouses. The plan and any revisions to the plan shall	9736
be submitted to the board of county commissioners of the county in	9737
which the local corrections planning board is located for	9738
approval.	9739

If a county has a community-based correctional facility and	9740
program established in accordance with sections 2301.51 to 2301.58	9741
of the Revised Code, the budgets of the facility and program shall	9742
not be subject to approval by the local corrections planning	9743
board, but instead shall continue to be determined in accordance	9744
with those sections. However, the local corrections planning board	9745
shall include the facility and program as part of the	9746
comprehensive plan adopted and revised pursuant to this division.	9747

(C) As used in this section, "halfway house" and	9748
"community-based correctional facility" have the same meanings as	9749
in section 2929.01 of the Revised Code.	9750

Section 2. That existing sections 109.42, 307.93, 309.18,	9751
926.99, 1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05,	9752
2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	9753
2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43,	9754
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61,	9755
2915.05, 2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34,	9756
2921.41, 2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01,	9757
2929.13, 2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17,	9758
2950.99, 2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07,	9759
4507.51, 5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66,	9760
5149.01, 5149.10, 5149.33, and 5149.34 of the Revised Code are	9761
hereby repealed.	9762

Section 3. The amendment of section 5120.07 of the Revised	9763
Code by Sections 1 and 2 of this act is not intended to supersede	9764
the earlier repeal of that section, with the delayed effective	9765
date of December 31, 2011.	9766

Section 4. The amendments to sections 2925.01, 2925.03,	9767
2925.05, and 2925.11 of the Revised Code, and to division (W) of	9768
section 2929.01 of the Revised Code, that are made in this act	9769
apply to a person who commits an offense involving marihuana,	9770
cocaine, or hashish on or after the effective date of this act and	9771
to a person to whom division (B) of section 1.58 of the Revised	9772
Code makes the amendments applicable.	9773

The provisions of sections 2925.01, 2925.03, 2925.05, and	9774
2925.11 of the Revised Code, and of division (W) of section	9775
2929.01 of the Revised Code, in existence prior to the effective	9776
date of this act shall apply to a person upon whom a court imposed	9777
sentence prior to the effective date of this act for an offense	9778
involving marihuana, cocaine, or hashish. The amendments to	9779
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	9780
Code, and to division (W) of section 2929.01 of the Revised Code,	9781
that are made in this act do not apply to a person upon whom a	9782
court imposed sentence prior to the effective date of this act for	9783
an offense involving marihuana, cocaine, or hashish.	9784

Section 5. The amendments to sections 926.99, 1333.99,	9785
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	9786
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	9787
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	9788
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	9789
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	9790
Code that are made in this act apply to a person who commits an	9791
offense specified or penalized under those sections on or after	9792
the effective date of this section and to a person to whom	9793
division (B) of section 1.58 of the Revised Code makes the	9794
amendment applicable.	9795

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	9796
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	9797
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	9798
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	9799
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	9800
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	9801
prior to the effective date of this section shall apply to a	9802
person upon whom a court imposed sentence prior to the effective	9803
date of this section for an offense specified or penalized under	9804
those sections. The amendments to sections 926.99, 1333.99,	9805
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	9806
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	9807
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	9808
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	9809
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	9810
Code that are made in this section do not apply to a person who	9811
upon whom a court imposed sentence prior to the effective date of	9812
this section for an offense specified or penalized under those	9813
sections.	9814

Section 6. Section 1716.99 of the Revised Code is presented	9815
in this act as a composite of the section as amended by both Am.	9816
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	9817
Section 2913.46 of the Revised Code is presented in this act as a	9818
composite of the section as amended by Am. Sub. S.B. 107, Am. Sub.	9819
S.B. 269, and Am. Sub. S.B. 293, all of the 121st General	9820
Assembly. Section 2917.21 of the Revised Code is presented in this	9821
act as a composite of the section as amended by both Am. Sub. H.B.	9822
565 and Sub. S.B. 215 of the 122nd General Assembly. Sections	9823
2929.01, 2929.13, and 2929.14 of the Revised Code are presented in	9824
this act as composites of the sections as amended by both Am. Sub.	9825
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	9826
Section 2929.20 of the Revised Code is presented in this act as a	9827
composite of the section as amended by both Am. Sub. H.B. 130 and	9828
Sub. S.B. 108 of the 127th General Assembly. Section 2967.193 of	9829
the Revised Code is presented in this act as a composite of the	9830
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180	9831
of the 121st General Assembly. The General Assembly, applying the	9832
principle stated in division (B) of section 1.52 of the Revised	9833
Code that amendments are to be harmonized if reasonably capable of	9834
simultaneous operation, finds that the composites are the	9835
resulting versions of the sections in effect prior to the	9836
effective date of the sections as presented in this act.	9837