Bill Text: OH HB493 | 2009-2010 | 128th General Assembly | Introduced

Bill Title: Relative to trafficking in persons.

Spectrum: Moderate Partisan Bill (Democrat 20-3)

Status: (Introduced - Dead) 2010-04-15 - To Criminal Justice [HB493 Detail]

Download: Ohio-2009-HB493-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 493


Representative Chandler 

Cosponsors: Representatives Williams, B., Pillich, Newcomb, Lehner, Driehaus, Harris, Letson, Hagan, Lundy, Skindell, Foley, Yuko, Fende, Winburn, Stewart, DeGeeter, Garland, Derickson, Harwood, Brown, Pryor, Mallory 

A BILL
To amend sections 109.73, 2901.13, 2905.01, 2905.02, 1
2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and 2
2941.1422 and to enact sections 109.44, 109.745, 3
109.746, 2307.54, 2905.31, 2905.32, 2905.33, 4
2930.21, 4113.72, and 5515.071 of the Revised Code 5
relative to trafficking in persons. 6


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

       Section 1. That sections 109.73, 2901.13, 2905.01, 2905.02, 7
2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and 2941.1422 be 8
amended and sections 109.44, 109.745, 109.746, 2307.54, 2905.31, 9
2905.32, 2905.33, 2930.21, 4113.72, and 5515.071 of the Revised 10
Code be enacted to read as follows:11

       Sec. 109.44.  (A) The attorney general, with assistance from 12
the bureau of criminal identification and investigation, annually 13
shall publish statistical data on violations of section 2905.32 of 14
the Revised Code. The first annual publication of this data shall 15
occur one year after the effective date of this section.16

       (B) Each state agency and each agency of each political 17
subdivision that investigates violations of section 2905.32 of the 18
Revised Code or acts of human trafficking as defined in section 19
2929.01 of the Revised Code shall collect and submit to the bureau 20
of criminal identification and investigation on a date to be 21
determined by the attorney general the following information 22
relevant to those violations:23

       (1) The number of investigations, arrests, prosecutions, and 24
successful convictions of persons for a violation of that section;25

       (2) The estimated number and demographic characteristics of 26
persons violating section 2905.32 of the Revised Code, as well as 27
those persons who purchase or receive a commercial sex act, 28
sexually explicit performance, labor, or services from victims of 29
violations of that section;30

       (3) Statistics on the number of victims of violations of that 31
section and statistics on the nationality, age, method of 32
recruitment, and country, state, or city of origin of the victims 33
of violations of that section;34

       (4) Trafficking routes and trafficking patterns used in 35
violations of that section;36

       (5) Methods of transportation used in violations of that 37
section;38

       (6) Social and economic factors that contribute to and foster 39
the demand for all forms of exploitation of persons that leads to 40
trafficking in persons.41

       (C) As used in this section, "commercial sex act," "labor," 42
"services," and "sexually explicit performance" have the same 43
meanings as in section 2905.31 of the Revised Code.44

       Sec. 109.73.  (A) The Ohio peace officer training commission 45
shall recommend rules to the attorney general with respect to all 46
of the following:47

       (1) The approval, or revocation of approval, of peace officer 48
training schools administered by the state, counties, municipal 49
corporations, public school districts, technical college 50
districts, and the department of natural resources;51

       (2) Minimum courses of study, attendance requirements, and 52
equipment and facilities to be required at approved state, county, 53
municipal, and department of natural resources peace officer 54
training schools;55

       (3) Minimum qualifications for instructors at approved state, 56
county, municipal, and department of natural resources peace 57
officer training schools;58

       (4) The requirements of minimum basic training that peace 59
officers appointed to probationary terms shall complete before 60
being eligible for permanent appointment, which requirements shall 61
include training in the handling of the offense of domestic 62
violence, other types of domestic violence-related offenses and 63
incidents, and protection orders and consent agreements issued or 64
approved under section 2919.26 or 3113.31 of the Revised Code; 65
crisis intervention training; and training in the handling of 66
missing children and child abuse and neglect cases; and a 67
specified amount of training in handling violations of section 68
2905.32 of the Revised Code; and the time within which such basic 69
training shall be completed following appointment to a 70
probationary term;71

       (5) The requirements of minimum basic training that peace 72
officers not appointed for probationary terms but appointed on 73
other than a permanent basis shall complete in order to be 74
eligible for continued employment or permanent appointment, which 75
requirements shall include training in the handling of the offense 76
of domestic violence, other types of domestic violence-related 77
offenses and incidents, and protection orders and consent 78
agreements issued or approved under section 2919.26 or 3113.31 of 79
the Revised Code, crisis intervention training, and training in 80
the handling of missing children and child abuse and neglect 81
cases, and a specified amount of training in handling violations 82
of section 2905.32 of the Revised Code, and the time within which 83
such basic training shall be completed following appointment on 84
other than a permanent basis;85

       (6) Categories or classifications of advanced in-service 86
training programs for peace officers, including programs in the 87
handling of the offense of domestic violence, other types of 88
domestic violence-related offenses and incidents, and protection 89
orders and consent agreements issued or approved under section 90
2919.26 or 3113.31 of the Revised Code, in crisis intervention, 91
and in the handling of missing children and child abuse and 92
neglect cases, and in handling violations of section 2905.32 of 93
the Revised Code, and minimum courses of study and attendance 94
requirements with respect to such categories or classifications;95

       (7) Permitting persons, who are employed as members of a 96
campus police department appointed under section 1713.50 of the 97
Revised Code; who are employed as police officers by a qualified 98
nonprofit corporation police department pursuant to section 99
1702.80 of the Revised Code; who are appointed and commissioned as 100
bank, savings and loan association, savings bank, credit union, or 101
association of banks, savings and loan associations, savings 102
banks, or credit unions police officers, as railroad police 103
officers, or as hospital police officers pursuant to sections 104
4973.17 to 4973.22 of the Revised Code; or who are appointed and 105
commissioned as amusement park police officers pursuant to section 106
4973.17 of the Revised Code, to attend approved peace officer 107
training schools, including the Ohio peace officer training 108
academy, and to receive certificates of satisfactory completion of 109
basic training programs, if the private college or university that 110
established the campus police department; qualified nonprofit 111
corporation police department; bank, savings and loan association, 112
savings bank, credit union, or association of banks, savings and 113
loan associations, savings banks, or credit unions; railroad 114
company; hospital; or amusement park sponsoring the police 115
officers pays the entire cost of the training and certification 116
and if trainee vacancies are available;117

       (8) Permitting undercover drug agents to attend approved 118
peace officer training schools, other than the Ohio peace officer 119
training academy, and to receive certificates of satisfactory 120
completion of basic training programs, if, for each undercover 121
drug agent, the county, township, or municipal corporation that 122
employs that undercover drug agent pays the entire cost of the 123
training and certification;124

       (9)(a) The requirements for basic training programs for 125
bailiffs and deputy bailiffs of courts of record of this state and 126
for criminal investigators employed by the state public defender 127
that those persons shall complete before they may carry a firearm 128
while on duty;129

       (b) The requirements for any training received by a bailiff 130
or deputy bailiff of a court of record of this state or by a 131
criminal investigator employed by the state public defender prior 132
to June 6, 1986, that is to be considered equivalent to the 133
training described in division (A)(9)(a) of this section.134

       (10) Establishing minimum qualifications and requirements for 135
certification for dogs utilized by law enforcement agencies;136

       (11) Establishing minimum requirements for certification of 137
persons who are employed as correction officers in a full-service 138
jail, five-day facility, or eight-hour holding facility or who 139
provide correction services in such a jail or facility;140

       (12) Establishing requirements for the training of agents of 141
a county humane society under section 1717.06 of the Revised Code, 142
including, without limitation, a requirement that the agents 143
receive instruction on traditional animal husbandry methods and 144
training techniques, including customary owner-performed 145
practices.146

       (B) The commission shall appoint an executive director, with 147
the approval of the attorney general, who shall hold office during 148
the pleasure of the commission. The executive director shall 149
perform such duties assigned by the commission. The executive 150
director shall receive a salary fixed pursuant to Chapter 124. of 151
the Revised Code and reimbursement for expenses within the amounts 152
available by appropriation. The executive director may appoint 153
officers, employees, agents, and consultants as the executive 154
director considers necessary, prescribe their duties, and provide 155
for reimbursement of their expenses within the amounts available 156
for reimbursement by appropriation and with the approval of the 157
commission.158

       (C) The commission may do all of the following:159

       (1) Recommend studies, surveys, and reports to be made by the 160
executive director regarding the carrying out of the objectives 161
and purposes of sections 109.71 to 109.77 of the Revised Code;162

       (2) Visit and inspect any peace officer training school that 163
has been approved by the executive director or for which 164
application for approval has been made;165

       (3) Make recommendations, from time to time, to the executive 166
director, the attorney general, and the general assembly regarding 167
the carrying out of the purposes of sections 109.71 to 109.77 of 168
the Revised Code;169

       (4) Report to the attorney general from time to time, and to 170
the governor and the general assembly at least annually, 171
concerning the activities of the commission;172

       (5) Establish fees for the services the commission offers 173
under sections 109.71 to 109.79 of the Revised Code, including, 174
but not limited to, fees for training, certification, and testing;175

       (6) Perform such other acts as are necessary or appropriate 176
to carry out the powers and duties of the commission as set forth 177
in sections 109.71 to 109.77 of the Revised Code.178

       (D) In establishing the requirements, under division (A)(12) 179
of this section, the commission may consider any portions of the 180
curriculum for instruction on the topic of animal husbandry 181
practices, if any, of the Ohio state university college of 182
veterinary medicine. No person or entity that fails to provide 183
instruction on traditional animal husbandry methods and training 184
techniques, including customary owner-performed practices, shall 185
qualify to train a humane agent for appointment under section 186
1717.06 of the Revised Code.187

       Sec. 109.745.  (A) The attorney general shall provide 188
training for peace officers in investigating and handling 189
violations of section 2905.32 of the Revised Code. The training 190
shall include all of the following:191

       (1) Identifying violations of section 2905.32 of the Revised 192
Code;193

       (2) Methods used in identifying victims of violations of 194
section 2905.32 of the Revised Code who are citizens of the United 195
States or a foreign country, including preliminary interviewing 196
techniques and appropriate questioning methods;197

       (3) Methods for prosecuting persons who violate section 198
2905.32 of the Revised Code;199

       (4) Methods of increasing effective collaboration with 200
nongovernmental organizations and other social service 201
organizations in the course of a criminal action regarding a 202
violation of section 2905.32 of the Revised Code;203

       (5) Methods for protecting the rights of victims of 204
violations of section 2905.32 of the Revised Code, including the 205
need to consider human rights and the special needs of women and 206
children who are victims of violations of that section and to 207
treat victims as victims rather than as criminals;208

       (6) Methods for promoting the safety of victims of violations 209
of section 2905.32 of the Revised Code, including the training of 210
peace officers to quickly recognize victims of a violation of any 211
of those sections who are citizens of the United States or 212
citizens of a foreign country.213

       (B) Any organization, person, or other governmental agency 214
with an interest and expertise in trafficking in persons may 215
submit information or materials to the attorney general regarding 216
the development and presentation of the training required under 217
this section. The attorney general, in developing the training 218
required by this section, shall consider any information submitted 219
pursuant to this division.220

       Sec. 109.746.  (A) The attorney general may prepare public 221
awareness programs that are designed to educate potential victims 222
of violations of section 2905.32 of the Revised Code and their 223
families of the risks of becoming a victim of a violation of that 224
section. The attorney general may prepare these programs with 225
assistance from the department of health, the department of mental 226
health, the department of job and family services, the department 227
of alcohol and drug addiction services, and the department of 228
education. The extent of the assistance provided by those 229
departments shall be determined by the attorney general.230

       (B) The attorney general may periodically evaluate all public 231
awareness programs and materials under this section to ensure the 232
programs' and materials' effectiveness.233

       (C) Any organization, person, or other governmental agency 234
with an interest and expertise in trafficking in persons may 235
submit information or materials to the attorney general regarding 236
the preparation of the programs and materials permitted under this 237
section. The attorney general, in developing the programs and 238
materials permitted by this section, shall consider any 239
information submitted pursuant to this division.240

       Sec. 2307.54. A person who suffers injury or loss to person 241
or property as a result of an act committed in violation of 242
section 2905.32 of the Revised Code has a civil action against the 243
offender and may recover in that action full compensatory damages, 244
punitive or exemplary damages, court costs, other reasonable 245
expenses incurred in maintaining that action, and the reasonable 246
attorney's fees incurred in maintaining that action.247

       Sec. 2901.13.  (A)(1) Except as provided in division (A)(2) 248
or (3) of this section or as otherwise provided in this section, a 249
prosecution shall be barred unless it is commenced within the 250
following periods after an offense is committed:251

       (a) For a felony, six years;252

       (b) For a misdemeanor other than a minor misdemeanor, two 253
years;254

       (c) For a minor misdemeanor, six months.255

       (2) There is no period of limitation for the prosecution of a 256
violation of section 2903.01 or 2903.02 of the Revised Code.257

       (3) Except as otherwise provided in divisions (B) to (H)(J)258
of this section, a prosecution of any of the following offenses 259
shall be barred unless it is commenced within twenty years after 260
the offense is committed:261

       (a) A violation of section 2903.03, 2903.04, 2905.01, 262
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 263
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 264
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised 265
Code, a violation of section 2903.11 or 2903.12 of the Revised 266
Code if the victim is a peace officer, a violation of section 267
2903.13 of the Revised Code that is a felony, or a violation of 268
former section 2907.12 of the Revised Code;269

       (b) A conspiracy to commit, attempt to commit, or complicity 270
in committing a violation set forth in division (A)(3)(a) of this 271
section.272

       (B)(1) Except as otherwise provided in division (B)(2) of 273
this section, if the period of limitation provided in division 274
(A)(1) or (3) of this section has expired, prosecution shall be 275
commenced for an offense of which an element is fraud or breach of 276
a fiduciary duty, within one year after discovery of the offense 277
either by an aggrieved person, or by the aggrieved person's legal 278
representative who is not a party to the offense.279

       (2) If the period of limitation provided in division (A)(1) 280
or (3) of this section has expired, prosecution for a violation of 281
section 2913.49 of the Revised Code shall be commenced within five 282
years after discovery of the offense either by an aggrieved person 283
or the aggrieved person's legal representative who is not a party 284
to the offense.285

       (C)(1) If the period of limitation provided in division 286
(A)(1) or (3) of this section has expired, prosecution shall be 287
commenced for the following offenses during the following 288
specified periods of time:289

       (a) For an offense involving misconduct in office by a public 290
servant, at any time while the accused remains a public servant, 291
or within two years thereafter;292

       (b) For an offense by a person who is not a public servant 293
but whose offense is directly related to the misconduct in office 294
of a public servant, at any time while that public servant remains 295
a public servant, or within two years thereafter.296

       (2) As used in this division:297

       (a) An "offense is directly related to the misconduct in 298
office of a public servant" includes, but is not limited to, a 299
violation of section 101.71, 101.91, 121.61 or 2921.13, division 300
(F) or (H) of section 102.03, division (A) of section 2921.02, 301
division (A) or (B) of section 2921.43, or division (F) or (G) of 302
section 3517.13 of the Revised Code, that is directly related to 303
an offense involving misconduct in office of a public servant.304

       (b) "Public servant" has the same meaning as in section 305
2921.01 of the Revised Code.306

       (D) An offense is committed when every element of the offense 307
occurs. In the case of an offense of which an element is a 308
continuing course of conduct, the period of limitation does not 309
begin to run until such course of conduct or the accused's 310
accountability for it terminates, whichever occurs first.311

       (E) A prosecution is commenced on the date an indictment is 312
returned or an information filed, or on the date a lawful arrest 313
without a warrant is made, or on the date a warrant, summons, 314
citation, or other process is issued, whichever occurs first. A 315
prosecution is not commenced by the return of an indictment or the 316
filing of an information unless reasonable diligence is exercised 317
to issue and execute process on the same. A prosecution is not 318
commenced upon issuance of a warrant, summons, citation, or other 319
process, unless reasonable diligence is exercised to execute the 320
same.321

       (F) The period of limitation shall not run during any time 322
when the corpus delicti remains undiscovered.323

       (G) The period of limitation shall not run during any time 324
when the accused purposely avoids prosecution. Proof that the 325
accused departed this state or concealed the accused's identity or 326
whereabouts is prima-facie evidence of the accused's purpose to 327
avoid prosecution.328

       (H) The period of limitation shall not run during any time a 329
prosecution against the accused based on the same conduct is 330
pending in this state, even though the indictment, information, or 331
process that commenced the prosecution is quashed or the 332
proceedings on the indictment, information, or process are set 333
aside or reversed on appeal.334

       (I) The period of limitation for a violation of any provision 335
of Title XXIX of the Revised Code that involves a physical or 336
mental wound, injury, disability, or condition of a nature that 337
reasonably indicates abuse or neglect of a child under eighteen 338
years of age or of a mentally retarded, developmentally disabled, 339
or physically impaired child under twenty-one years of age shall 340
not begin to run until either of the following occurs:341

       (1) The victim of the offense reaches the age of majority.342

       (2) A public children services agency, or a municipal or 343
county peace officer that is not the parent or guardian of the 344
child, in the county in which the child resides or in which the 345
abuse or neglect is occurring or has occurred has been notified 346
that abuse or neglect is known, suspected, or believed to have 347
occurred.348

       (J) As used in this section, "peace officer" has the same 349
meaning as in section 2935.01 of the Revised Code.350

       Sec. 2905.01.  (A) No person, by force, threat, or deception, 351
or, in the case of a victim under the age of thirteen or mentally 352
incompetent, by any means, shall remove another from the place 353
where the other person is found or restrain the liberty of the 354
other person, for any of the following purposes:355

       (1) To hold for ransom, or as a shield or hostage;356

       (2) To facilitate the commission of any felony or flight 357
thereafter;358

       (3) To terrorize, or to inflict serious physical harm on the 359
victim or another;360

       (4) To engage in sexual activity, as defined in section 361
2907.01 of the Revised Code, with the victim against the victim's 362
will;363

       (5) To hinder, impede, or obstruct a function of government, 364
or to force any action or concession on the part of governmental 365
authority;366

       (6) To hold another in a condition of involuntary servitude.367

       (B) No person, by force, threat, or deception, or, in the 368
case of a victim under the age of thirteen or mentally 369
incompetent, by any means, shall knowingly do any of the 370
following, under circumstances that create a substantial risk of 371
serious physical harm to the victim or, in the case of a minor 372
victim, under circumstances that either create a substantial risk 373
of serious physical harm to the victim or cause physical harm to 374
the victim:375

       (1) Remove another from the place where the other person is 376
found;377

       (2) Restrain another of the other person's liberty;378

       (3) Hold another in a condition of involuntary servitude.379

       (C)(1) Whoever violates this section is guilty of kidnapping. 380
Except as otherwise provided in this division or division (C)(2) 381
or (3) of this section, kidnapping is a felony of the first 382
degree. Except as otherwise provided in this division or division 383
(C)(2) or (3) of this section, if the offender releases the victim 384
in a safe place unharmed, kidnapping is a felony of the second 385
degree.386

       (2) If the offender also is convicted of or pleads guilty to 387
a specification as described in section 2941.1422 of the Revised 388
Code that was included in the indictment, count in the indictment, 389
or information charging the offense, the court shall order the 390
offender to make restitution as provided in division (B)(8) of 391
section 2929.18 of the Revised Code and, except as otherwise 392
provided in division (C)(3) of this section, shall sentence the 393
offender to a mandatory prison term as provided in division (D)(7) 394
of section 2929.14 of the Revised Code.395

       (3) If the victim of the offense is less than thirteen years 396
of age and if the offender also is convicted of or pleads guilty 397
to a sexual motivation specification that was included in the 398
indictment, count in the indictment, or information charging the 399
offense, kidnapping is a felony of the first degree, and, 400
notwithstanding the definite sentence provided for a felony of the 401
first degree in section 2929.14 of the Revised Code, the offender 402
shall be sentenced pursuant to section 2971.03 of the Revised Code 403
as follows:404

       (a) Except as otherwise provided in division (C)(3)(b) of 405
this section, the offender shall be sentenced pursuant to that 406
section to an indefinite prison term consisting of a minimum term 407
of fifteen years and a maximum term of life imprisonment.408

       (b) If the offender releases the victim in a safe place 409
unharmed, the offender shall be sentenced pursuant to that section 410
to an indefinite term consisting of a minimum term of ten years 411
and a maximum term of life imprisonment.412

       (D) As used in this section, "sexual:413

       (1) "Involuntary servitude" has the same meaning as in 414
section 2905.31 of the Revised Code.415

       (2) "Sexual motivation specification" has the same meaning as 416
in section 2971.01 of the Revised Code.417

       Sec. 2905.02.  (A) No person, without privilege to do so, 418
shall knowingly do any of the following:419

       (1) By force or threat, remove another from the place where 420
the other person is found;421

       (2) By force or threat, restrain the liberty of another 422
person under circumstances that create a risk of physical harm to 423
the victim or place the other person in fear;424

       (3) Hold another in a condition of involuntary servitude.425

       (B) No person, with a sexual motivation, shall violate 426
division (A) of this section.427

       (C) WhoeverExcept as otherwise provided in this division, 428
whoever violates this section is guilty of abduction, a felony of 429
the third degree. If the offender violates division (A)(3) of this 430
section, abduction is a felony of the second degree. If the 431
offender also is convicted of or pleads guilty to a specification 432
as described in section 2941.1422 of the Revised Code that was 433
included in the indictment, count in the indictment, or 434
information charging the offense, the court shall sentence the 435
offender to a mandatory prison term as provided in division (D)(7) 436
of section 2929.14 of the Revised Code and shall order the 437
offender to make restitution as provided in division (B)(8) of 438
section 2929.18 of the Revised Code.439

       (D) As used in this section, "sexual:440

       (1) "Involuntary servitude" has the same meaning as in 441
section 2905.31 of the Revised Code.442

       (2) "Sexual motivation" has the same meaning as in section 443
2971.01 of the Revised Code.444

       Sec. 2905.31.  As used in sections 2905.31 and 2905.32 of the 445
Revised Code:446

       (A) "Commercial sex act" means any sex act on account of 447
which anything of value is directly or indirectly given, promised 448
to, or received by any person.449

       (B) "Involuntary servitude" means being compelled to perform 450
labor or services for another against one's will.451

       (C) "Labor" means work of economic or financial value.452

       (D) "Material that is obscene, sexually oriented, or nudity 453
oriented" and "performance that is obscene, sexually oriented, or 454
nudity oriented" have the same meanings as in section 2929.01 of 455
the Revised Code.456

       (E) "Services" means an ongoing relationship between persons 457
in which a person performs activities at the behest of, under the 458
supervision of, or for the benefit of another person.459

       (F) "Sexually explicit performance" means a live, public, 460
private, photographed, recorded, or videotaped act intended to 461
sexually arouse, satisfy the sexual desires of, or appeal to the 462
prurient interests of any person.463

       Sec. 2905.32. (A) No person shall knowingly recruit, lure, 464
entice, solicit, isolate, harbor, transport, provide, obtain, or 465
maintain, or knowingly attempt to recruit, lure, entice, solicit, 466
isolate, harbor, transport, provide, obtain, or maintain, another 467
person knowing or having reasonable cause to believe that the 468
person will be subjected to involuntary servitude or compelled to 469
engage in sexual activity for hire, to engage in a performance 470
that is obscene, sexually oriented, or nudity oriented, or be a 471
model or participant in the production of material that is 472
obscene, sexually oriented, or nudity oriented.473

       (B) Whoever violates this section is guilty of trafficking in 474
persons, a felony of the second degree.475

       Sec. 2905.33. (A) No person, without privilege to do so, 476
shall knowingly destroy, conceal, remove, confiscate, or possess 477
any actual or purported government identification document or 478
passport of another person in the course of a violation of, with 479
intent to violate, or to facilitate a violation of section 480
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32, 2907.321, 481
2907.322, or 2907.323 of the Revised Code.482

       (B) Whoever violates this section is guilty of unlawful 483
conduct with respect to documents, a felony of the third degree. 484

       Sec. 2907.21.  (A) No person shall knowingly do any of the 485
following:486

       (1) Compel another to engage in sexual activity for hire;487

       (2) Induce, procure, encourage, solicit, request, or 488
otherwise facilitate either of the following:489

       (a) A minor to engage in sexual activity for hire, whether or 490
not the offender knows the age of the minor;491

       (b) A person the offender believes to be a minor to engage in 492
sexual activity for hire, whether or not the person is a minor.493

       (3)(a) Pay or agree to pay a minor, either directly or 494
through the minor's agent, so that the minor will engage in sexual 495
activity, whether or not the offender knows the age of the minor;496

       (b) Pay or agree to pay a person the offender believes to be 497
a minor, either directly or through the person's agent, so that 498
the person will engage in sexual activity, whether or not the 499
person is a minor.500

       (4)(a) Pay a minor, either directly or through the minor's 501
agent, for the minor having engaged in sexual activity pursuant to 502
a prior agreement, whether or not the offender knows the age of 503
the minor;504

       (b) Pay a person the offender believes to be a minor, either 505
directly or through the person's agent, for the person having 506
engaged in sexual activity pursuant to a prior agreement, whether 507
or not the person is a minor.508

       (5)(a) Allow a minor to engage in sexual activity for hire if 509
the person allowing the child to engage in sexual activity for 510
hire is the parent, guardian, custodian, person having custody or 511
control, or person in loco parentis of the minor;512

       (b) Allow a person the offender believes to be a minor to 513
engage in sexual activity for hire if the person allowing the 514
person to engage in sexual activity for hire is the parent, 515
guardian, custodian, person having custody or control, or person 516
in loco parentis of the person the offender believes to be a 517
minor, whether or not the person is a minor.518

       (B) Whoever violates this section is guilty of compelling 519
prostitution. Except as otherwise provided in this division, 520
compelling prostitution is a felony of the third degree. If the 521
offender commits a violation of division (A)(1) of this section 522
and the person compelled to engage in sexual activity for hire in 523
violation of that division is less than eighteen years of age, 524
compelling prostitution is a felony of the second degree. If the 525
offender commits a violation of division (A)(1) of this section 526
and the person compelled to engage in sexual activity for hire in 527
violation of that division is less than sixteen years of age, 528
compelling prostitution is a felony of the secondfirst degree. 529
If the offender in any case also is convicted of or pleads guilty 530
to a specification as described in section 2941.1422 of the 531
Revised Code that was included in the indictment, count in the 532
indictment, or information charging the offense, the court shall 533
sentence the offender to a mandatory prison term as provided in 534
division (D)(7) of section 2929.14 of the Revised Code and shall 535
order the offender to make restitution as provided in division 536
(B)(8) of section 2929.18 of the Revised Code.537

       Sec. 2923.01.  (A) No person, with purpose to commit or to 538
promote or facilitate the commission of aggravated murder, murder, 539
kidnapping, abduction, compelling prostitution, promoting 540
prostitution, trafficking in persons, aggravated arson, arson, 541
aggravated robbery, robbery, aggravated burglary, burglary, 542
engaging in a pattern of corrupt activity, corrupting another with 543
drugs, a felony drug trafficking, manufacturing, processing, or 544
possession offense, theft of drugs, or illegal processing of drug 545
documents, the commission of a felony offense of unauthorized use 546
of a vehicle, illegally transmitting multiple commercial 547
electronic mail messages or unauthorized access of a computer in 548
violation of section 2923.421 of the Revised Code, or the 549
commission of a violation of any provision of Chapter 3734. of the 550
Revised Code, other than section 3734.18 of the Revised Code, that 551
relates to hazardous wastes, shall do either of the following:552

       (1) With another person or persons, plan or aid in planning 553
the commission of any of the specified offenses;554

       (2) Agree with another person or persons that one or more of 555
them will engage in conduct that facilitates the commission of any 556
of the specified offenses.557

       (B) No person shall be convicted of conspiracy unless a 558
substantial overt act in furtherance of the conspiracy is alleged 559
and proved to have been done by the accused or a person with whom 560
the accused conspired, subsequent to the accused's entrance into 561
the conspiracy. For purposes of this section, an overt act is 562
substantial when it is of a character that manifests a purpose on 563
the part of the actor that the object of the conspiracy should be 564
completed.565

       (C) When the offender knows or has reasonable cause to 566
believe that a person with whom the offender conspires also has 567
conspired or is conspiring with another to commit the same 568
offense, the offender is guilty of conspiring with that other 569
person, even though the other person's identity may be unknown to 570
the offender.571

       (D) It is no defense to a charge under this section that, in 572
retrospect, commission of the offense that was the object of the 573
conspiracy was impossible under the circumstances.574

       (E) A conspiracy terminates when the offense or offenses that 575
are its objects are committed or when it is abandoned by all 576
conspirators. In the absence of abandonment, it is no defense to a 577
charge under this section that no offense that was the object of 578
the conspiracy was committed.579

       (F) A person who conspires to commit more than one offense is 580
guilty of only one conspiracy, when the offenses are the object of 581
the same agreement or continuous conspiratorial relationship.582

       (G) When a person is convicted of committing or attempting to 583
commit a specific offense or of complicity in the commission of or 584
attempt to commit the specific offense, the person shall not be 585
convicted of conspiracy involving the same offense.586

       (H)(1) No person shall be convicted of conspiracy upon the 587
testimony of a person with whom the defendant conspired, 588
unsupported by other evidence.589

       (2) If a person with whom the defendant allegedly has 590
conspired testifies against the defendant in a case in which the 591
defendant is charged with conspiracy and if the testimony is 592
supported by other evidence, the court, when it charges the jury, 593
shall state substantially the following:594

       "The testimony of an accomplice that is supported by other 595
evidence does not become inadmissible because of the accomplice's 596
complicity, moral turpitude, or self-interest, but the admitted or 597
claimed complicity of a witness may affect the witness' 598
credibility and make the witness' testimony subject to grave 599
suspicion, and require that it be weighed with great caution.600

       It is for you, as jurors, in the light of all the facts 601
presented to you from the witness stand, to evaluate such 602
testimony and to determine its quality and worth or its lack of 603
quality and worth."604

       (3) "Conspiracy," as used in division (H)(1) of this section, 605
does not include any conspiracy that results in an attempt to 606
commit an offense or in the commission of an offense.607

       (I) The following are affirmative defenses to a charge of 608
conspiracy:609

       (1) After conspiring to commit an offense, the actor thwarted 610
the success of the conspiracy under circumstances manifesting a 611
complete and voluntary renunciation of the actor's criminal 612
purpose.613

       (2) After conspiring to commit an offense, the actor 614
abandoned the conspiracy prior to the commission of or attempt to 615
commit any offense that was the object of the conspiracy, either 616
by advising all other conspirators of the actor's abandonment, or 617
by informing any law enforcement authority of the existence of the 618
conspiracy and of the actor's participation in the conspiracy.619

       (J) Whoever violates this section is guilty of conspiracy, 620
which is one of the following:621

       (1) A felony of the first degree, when one of the objects of 622
the conspiracy is aggravated murder, murder, or an offense for 623
which the maximum penalty is imprisonment for life;624

       (2) A felony of the next lesser degree than the most serious 625
offense that is the object of the conspiracy, when the most 626
serious offense that is the object of the conspiracy is a felony 627
of the first, second, third, or fourth degree;628

       (3) A felony punishable by a fine of not more than 629
twenty-five thousand dollars or imprisonment for not more than 630
eighteen months, or both, when the offense that is the object of 631
the conspiracy is a violation of any provision of Chapter 3734. of 632
the Revised Code, other than section 3734.18 of the Revised Code, 633
that relates to hazardous wastes;634

       (4) A misdemeanor of the first degree, when the most serious 635
offense that is the object of the conspiracy is a felony of the 636
fifth degree.637

       (K) This section does not define a separate conspiracy 638
offense or penalty where conspiracy is defined as an offense by 639
one or more sections of the Revised Code, other than this section. 640
In such a case, however:641

       (1) With respect to the offense specified as the object of 642
the conspiracy in the other section or sections, division (A) of 643
this section defines the voluntary act or acts and culpable mental 644
state necessary to constitute the conspiracy;645

       (2) Divisions (B) to (I) of this section are incorporated by 646
reference in the conspiracy offense defined by the other section 647
or sections of the Revised Code.648

       (L)(1) In addition to the penalties that otherwise are 649
imposed for conspiracy, a person who is found guilty of conspiracy 650
to engage in a pattern of corrupt activity is subject to divisions 651
(B)(2) and (3) of section 2923.32, division (A) of section 652
2981.04, and division (D) of section 2981.06 of the Revised Code.653

       (2) If a person is convicted of or pleads guilty to 654
conspiracy and if the most serious offense that is the object of 655
the conspiracy is a felony drug trafficking, manufacturing, 656
processing, or possession offense, in addition to the penalties or 657
sanctions that may be imposed for the conspiracy under division 658
(J)(2) or (4) of this section and Chapter 2929. of the Revised 659
Code, both of the following apply:660

       (a) The provisions of divisions (D), (F), and (G) of section 661
2925.03, division (D) of section 2925.04, division (D) of section 662
2925.05, division (D) of section 2925.06, and division (E) of 663
section 2925.11 of the Revised Code that pertain to mandatory and 664
additional fines, driver's or commercial driver's license or 665
permit suspensions, and professionally licensed persons and that 666
would apply under the appropriate provisions of those divisions to 667
a person who is convicted of or pleads guilty to the felony drug 668
trafficking, manufacturing, processing, or possession offense that 669
is the most serious offense that is the basis of the conspiracy 670
shall apply to the person who is convicted of or pleads guilty to 671
the conspiracy as if the person had been convicted of or pleaded 672
guilty to the felony drug trafficking, manufacturing, processing, 673
or possession offense that is the most serious offense that is the 674
basis of the conspiracy.675

       (b) The court that imposes sentence upon the person who is 676
convicted of or pleads guilty to the conspiracy shall comply with 677
the provisions identified as being applicable under division 678
(L)(2) of this section, in addition to any other penalty or 679
sanction that it imposes for the conspiracy under division (J)(2) 680
or (4) of this section and Chapter 2929. of the Revised Code.681

       (M) As used in this section:682

       (1) "Felony drug trafficking, manufacturing, processing, or 683
possession offense" means any of the following that is a felony:684

       (a) A violation of section 2925.03, 2925.04, 2925.05, or 685
2925.06 of the Revised Code;686

       (b) A violation of section 2925.11 of the Revised Code that 687
is not a minor drug possession offense.688

       (2) "Minor drug possession offense" has the same meaning as 689
in section 2925.01 of the Revised Code.690

       Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the 691
Revised Code:692

       (A) "Beneficial interest" means any of the following:693

       (1) The interest of a person as a beneficiary under a trust 694
in which the trustee holds title to personal or real property;695

       (2) The interest of a person as a beneficiary under any other 696
trust arrangement under which any other person holds title to 697
personal or real property for the benefit of such person;698

       (3) The interest of a person under any other form of express 699
fiduciary arrangement under which any other person holds title to 700
personal or real property for the benefit of such person.701

       "Beneficial interest" does not include the interest of a 702
stockholder in a corporation or the interest of a partner in 703
either a general or limited partnership.704

       (B) "Costs of investigation and prosecution" and "costs of 705
investigation and litigation" mean all of the costs incurred by 706
the state or a county or municipal corporation under sections 707
2923.31 to 2923.36 of the Revised Code in the prosecution and 708
investigation of any criminal action or in the litigation and 709
investigation of any civil action, and includes, but is not 710
limited to, the costs of resources and personnel.711

       (C) "Enterprise" includes any individual, sole 712
proprietorship, partnership, limited partnership, corporation, 713
trust, union, government agency, or other legal entity, or any 714
organization, association, or group of persons associated in fact 715
although not a legal entity. "Enterprise" includes illicit as well 716
as licit enterprises.717

       (D) "Innocent person" includes any bona fide purchaser of 718
property that is allegedly involved in a violation of section 719
2923.32 of the Revised Code, including any person who establishes 720
a valid claim to or interest in the property in accordance with 721
division (E) of section 2981.04 of the Revised Code, and any 722
victim of an alleged violation of that section or of any 723
underlying offense involved in an alleged violation of that 724
section.725

       (E) "Pattern of corrupt activity" means two or more incidents 726
of corrupt activity, whether or not there has been a prior 727
conviction, that are related to the affairs of the same 728
enterprise, are not isolated, and are not so closely related to 729
each other and connected in time and place that they constitute a 730
single event.731

       At least one of the incidents forming the pattern shall occur 732
on or after January 1, 1986. Unless any incident was an aggravated 733
murder or murder, the last of the incidents forming the pattern 734
shall occur within six years after the commission of any prior 735
incident forming the pattern, excluding any period of imprisonment 736
served by any person engaging in the corrupt activity.737

       For the purposes of the criminal penalties that may be 738
imposed pursuant to section 2923.32 of the Revised Code, at least 739
one of the incidents forming the pattern shall constitute a felony 740
under the laws of this state in existence at the time it was 741
committed or, if committed in violation of the laws of the United 742
States or of any other state, shall constitute a felony under the 743
law of the United States or the other state and would be a 744
criminal offense under the law of this state if committed in this 745
state.746

       (F) "Pecuniary value" means money, a negotiable instrument, a 747
commercial interest, or anything of value, as defined in section 748
1.03 of the Revised Code, or any other property or service that 749
has a value in excess of one hundred dollars.750

       (G) "Person" means any person, as defined in section 1.59 of 751
the Revised Code, and any governmental officer, employee, or 752
entity.753

       (H) "Personal property" means any personal property, any 754
interest in personal property, or any right, including, but not 755
limited to, bank accounts, debts, corporate stocks, patents, or 756
copyrights. Personal property and any beneficial interest in 757
personal property are deemed to be located where the trustee of 758
the property, the personal property, or the instrument evidencing 759
the right is located.760

       (I) "Corrupt activity" means engaging in, attempting to 761
engage in, conspiring to engage in, or soliciting, coercing, or 762
intimidating another person to engage in any of the following:763

       (1) Conduct defined as "racketeering activity" under the 764
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 765
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;766

       (2) Conduct constituting any of the following:767

       (a) A violation of section 1315.55, 1322.02, 2903.01, 768
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 769
2905.11, 2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02, 770
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 771
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 772
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 773
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division 774
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) 775
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of 776
section 1707.44; division (A)(1) or (2) of section 2923.20; 777
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or 778
4719.06; division (C), (D), or (E) of section 4719.07; section 779
4719.08; or division (A) of section 4719.09 of the Revised Code.780

       (b) Any violation of section 3769.11, 3769.15, 3769.16, or 781
3769.19 of the Revised Code as it existed prior to July 1, 1996, 782
any violation of section 2915.02 of the Revised Code that occurs 783
on or after July 1, 1996, and that, had it occurred prior to that 784
date, would have been a violation of section 3769.11 of the 785
Revised Code as it existed prior to that date, or any violation of 786
section 2915.05 of the Revised Code that occurs on or after July 787
1, 1996, and that, had it occurred prior to that date, would have 788
been a violation of section 3769.15, 3769.16, or 3769.19 of the 789
Revised Code as it existed prior to that date.790

       (c) Any violation of section 2907.21, 2907.22, 2907.31, 791
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 792
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 793
of the Revised Code, any violation of section 2925.11 of the 794
Revised Code that is a felony of the first, second, third, or 795
fourth degree and that occurs on or after July 1, 1996, any 796
violation of section 2915.02 of the Revised Code that occurred 797
prior to July 1, 1996, any violation of section 2915.02 of the 798
Revised Code that occurs on or after July 1, 1996, and that, had 799
it occurred prior to that date, would not have been a violation of 800
section 3769.11 of the Revised Code as it existed prior to that 801
date, any violation of section 2915.06 of the Revised Code as it 802
existed prior to July 1, 1996, or any violation of division (B) of 803
section 2915.05 of the Revised Code as it exists on and after July 804
1, 1996, when the proceeds of the violation, the payments made in 805
the violation, the amount of a claim for payment or for any other 806
benefit that is false or deceptive and that is involved in the 807
violation, or the value of the contraband or other property 808
illegally possessed, sold, or purchased in the violation exceeds 809
five hundred dollars, or any combination of violations described 810
in division (I)(2)(c) of this section when the total proceeds of 811
the combination of violations, payments made in the combination of 812
violations, amount of the claims for payment or for other benefits 813
that is false or deceptive and that is involved in the combination 814
of violations, or value of the contraband or other property 815
illegally possessed, sold, or purchased in the combination of 816
violations exceeds five hundred dollars;817

       (d) Any violation of section 5743.112 of the Revised Code 818
when the amount of unpaid tax exceeds one hundred dollars;819

       (e) Any violation or combination of violations of section 820
2907.32 of the Revised Code involving any material or performance 821
containing a display of bestiality or of sexual conduct, as 822
defined in section 2907.01 of the Revised Code, that is explicit 823
and depicted with clearly visible penetration of the genitals or 824
clearly visible penetration by the penis of any orifice when the 825
total proceeds of the violation or combination of violations, the 826
payments made in the violation or combination of violations, or 827
the value of the contraband or other property illegally possessed, 828
sold, or purchased in the violation or combination of violations 829
exceeds five hundred dollars;830

       (f) Any combination of violations described in division 831
(I)(2)(c) of this section and violations of section 2907.32 of the 832
Revised Code involving any material or performance containing a 833
display of bestiality or of sexual conduct, as defined in section 834
2907.01 of the Revised Code, that is explicit and depicted with 835
clearly visible penetration of the genitals or clearly visible 836
penetration by the penis of any orifice when the total proceeds of 837
the combination of violations, payments made in the combination of 838
violations, amount of the claims for payment or for other benefits 839
that is false or deceptive and that is involved in the combination 840
of violations, or value of the contraband or other property 841
illegally possessed, sold, or purchased in the combination of 842
violations exceeds five hundred dollars.843

       (3) Conduct constituting a violation of any law of any state 844
other than this state that is substantially similar to the conduct 845
described in division (I)(2) of this section, provided the 846
defendant was convicted of the conduct in a criminal proceeding in 847
the other state;848

       (4) Animal or ecological terrorism;849

       (5)(a) Conduct constituting any of the following:850

       (i) Organized retail theft;851

       (ii) Conduct that constitutes one or more violations of any 852
law of any state other than this state, that is substantially 853
similar to organized retail theft, and that if committed in this 854
state would be organized retail theft, if the defendant was 855
convicted of or pleaded guilty to the conduct in a criminal 856
proceeding in the other state.857

       (b) By enacting division (I)(5)(a) of this section, it is the 858
intent of the general assembly to add organized retail theft and 859
the conduct described in division (I)(5)(a)(ii) of this section as 860
conduct constituting corrupt activity. The enactment of division 861
(I)(5)(a) of this section and the addition by division (I)(5)(a) 862
of this section of organized retail theft and the conduct 863
described in division (I)(5)(a)(ii) of this section as conduct 864
constituting corrupt activity does not limit or preclude, and 865
shall not be construed as limiting or precluding, any prosecution 866
for a violation of section 2923.32 of the Revised Code that is 867
based on one or more violations of section 2913.02 or 2913.51 of 868
the Revised Code, one or more similar offenses under the laws of 869
this state or any other state, or any combination of any of those 870
violations or similar offenses, even though the conduct 871
constituting the basis for those violations or offenses could be 872
construed as also constituting organized retail theft or conduct 873
of the type described in division (I)(5)(a)(ii) of this section.874

       (J) "Real property" means any real property or any interest 875
in real property, including, but not limited to, any lease of, or 876
mortgage upon, real property. Real property and any beneficial 877
interest in it is deemed to be located where the real property is 878
located.879

       (K) "Trustee" means any of the following:880

       (1) Any person acting as trustee under a trust in which the 881
trustee holds title to personal or real property;882

       (2) Any person who holds title to personal or real property 883
for which any other person has a beneficial interest;884

       (3) Any successor trustee.885

       "Trustee" does not include an assignee or trustee for an 886
insolvent debtor or an executor, administrator, administrator with 887
the will annexed, testamentary trustee, guardian, or committee, 888
appointed by, under the control of, or accountable to a court.889

       (L) "Unlawful debt" means any money or other thing of value 890
constituting principal or interest of a debt that is legally 891
unenforceable in this state in whole or in part because the debt 892
was incurred or contracted in violation of any federal or state 893
law relating to the business of gambling activity or relating to 894
the business of lending money at an usurious rate unless the 895
creditor proves, by a preponderance of the evidence, that the 896
usurious rate was not intentionally set and that it resulted from 897
a good faith error by the creditor, notwithstanding the 898
maintenance of procedures that were adopted by the creditor to 899
avoid an error of that nature.900

       (M) "Animal activity" means any activity that involves the 901
use of animals or animal parts, including, but not limited to, 902
hunting, fishing, trapping, traveling, camping, the production, 903
preparation, or processing of food or food products, clothing or 904
garment manufacturing, medical research, other research, 905
entertainment, recreation, agriculture, biotechnology, or service 906
activity that involves the use of animals or animal parts.907

        (N) "Animal facility" means a vehicle, building, structure, 908
nature preserve, or other premises in which an animal is lawfully 909
kept, handled, housed, exhibited, bred, or offered for sale, 910
including, but not limited to, a zoo, rodeo, circus, amusement 911
park, hunting preserve, or premises in which a horse or dog event 912
is held.913

        (O) "Animal or ecological terrorism" means the commission of 914
any felony that involves causing or creating a substantial risk of 915
physical harm to any property of another, the use of a deadly 916
weapon or dangerous ordnance, or purposely, knowingly, or 917
recklessly causing serious physical harm to property and that 918
involves an intent to obstruct, impede, or deter any person from 919
participating in a lawful animal activity, from mining, foresting, 920
harvesting, gathering, or processing natural resources, or from 921
being lawfully present in or on an animal facility or research 922
facility.923

       (P) "Research facility" means a place, laboratory, 924
institution, medical care facility, government facility, or public 925
or private educational institution in which a scientific test, 926
experiment, or investigation involving the use of animals or other 927
living organisms is lawfully carried out, conducted, or attempted.928

       (Q) "Organized retail theft" means the theft of retail 929
property with a retail value of five hundred dollars or more from 930
one or more retail establishments with the intent to sell, 931
deliver, or transfer that property to a retail property fence.932

       (R) "Retail property" means any tangible personal property 933
displayed, held, stored, or offered for sale in or by a retail 934
establishment.935

       (S) "Retail property fence" means a person who possesses, 936
procures, receives, or conceals retail property that was 937
represented to the person as being stolen or that the person knows 938
or believes to be stolen.939

       (T) "Retail value" means the full retail value of the retail 940
property. In determining whether the retail value of retail 941
property equals or exceeds five hundred dollars, the value of all 942
retail property stolen from the retail establishment or retail 943
establishments by the same person or persons within any 944
one-hundred-eighty-day period shall be aggregated.945

       Sec. 2929.01.  As used in this chapter:946

       (A)(1) "Alternative residential facility" means, subject to 947
division (A)(2) of this section, any facility other than an 948
offender's home or residence in which an offender is assigned to 949
live and that satisfies all of the following criteria:950

       (a) It provides programs through which the offender may seek 951
or maintain employment or may receive education, training, 952
treatment, or habilitation.953

       (b) It has received the appropriate license or certificate 954
for any specialized education, training, treatment, habilitation, 955
or other service that it provides from the government agency that 956
is responsible for licensing or certifying that type of education, 957
training, treatment, habilitation, or service.958

       (2) "Alternative residential facility" does not include a 959
community-based correctional facility, jail, halfway house, or 960
prison.961

       (B) "Basic probation supervision" means a requirement that 962
the offender maintain contact with a person appointed to supervise 963
the offender in accordance with sanctions imposed by the court or 964
imposed by the parole board pursuant to section 2967.28 of the 965
Revised Code. "Basic probation supervision" includes basic parole 966
supervision and basic post-release control supervision.967

       (C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 968
"unit dose" have the same meanings as in section 2925.01 of the 969
Revised Code.970

       (D) "Community-based correctional facility" means a 971
community-based correctional facility and program or district 972
community-based correctional facility and program developed 973
pursuant to sections 2301.51 to 2301.58 of the Revised Code.974

       (E) "Community control sanction" means a sanction that is not 975
a prison term and that is described in section 2929.15, 2929.16, 976
2929.17, or 2929.18 of the Revised Code or a sanction that is not 977
a jail term and that is described in section 2929.26, 2929.27, or 978
2929.28 of the Revised Code. "Community control sanction" includes 979
probation if the sentence involved was imposed for a felony that 980
was committed prior to July 1, 1996, or if the sentence involved 981
was imposed for a misdemeanor that was committed prior to January 982
1, 2004.983

       (F) "Controlled substance," "marihuana," "schedule I," and 984
"schedule II" have the same meanings as in section 3719.01 of the 985
Revised Code.986

       (G) "Curfew" means a requirement that an offender during a 987
specified period of time be at a designated place.988

       (H) "Day reporting" means a sanction pursuant to which an 989
offender is required each day to report to and leave a center or 990
other approved reporting location at specified times in order to 991
participate in work, education or training, treatment, and other 992
approved programs at the center or outside the center.993

       (I) "Deadly weapon" has the same meaning as in section 994
2923.11 of the Revised Code.995

       (J) "Drug and alcohol use monitoring" means a program under 996
which an offender agrees to submit to random chemical analysis of 997
the offender's blood, breath, or urine to determine whether the 998
offender has ingested any alcohol or other drugs.999

       (K) "Drug treatment program" means any program under which a 1000
person undergoes assessment and treatment designed to reduce or 1001
completely eliminate the person's physical or emotional reliance 1002
upon alcohol, another drug, or alcohol and another drug and under 1003
which the person may be required to receive assessment and 1004
treatment on an outpatient basis or may be required to reside at a 1005
facility other than the person's home or residence while 1006
undergoing assessment and treatment.1007

       (L) "Economic loss" means any economic detriment suffered by 1008
a victim as a direct and proximate result of the commission of an 1009
offense and includes any loss of income due to lost time at work 1010
because of any injury caused to the victim, and any property loss, 1011
medical cost, or funeral expense incurred as a result of the 1012
commission of the offense. "Economic loss" does not include 1013
non-economic loss or any punitive or exemplary damages.1014

       (M) "Education or training" includes study at, or in 1015
conjunction with a program offered by, a university, college, or 1016
technical college or vocational study and also includes the 1017
completion of primary school, secondary school, and literacy 1018
curricula or their equivalent.1019

       (N) "Firearm" has the same meaning as in section 2923.11 of 1020
the Revised Code.1021

       (O) "Halfway house" means a facility licensed by the division 1022
of parole and community services of the department of 1023
rehabilitation and correction pursuant to section 2967.14 of the 1024
Revised Code as a suitable facility for the care and treatment of 1025
adult offenders.1026

       (P) "House arrest" means a period of confinement of an 1027
offender that is in the offender's home or in other premises 1028
specified by the sentencing court or by the parole board pursuant 1029
to section 2967.28 of the Revised Code and during which all of the 1030
following apply:1031

       (1) The offender is required to remain in the offender's home 1032
or other specified premises for the specified period of 1033
confinement, except for periods of time during which the offender 1034
is at the offender's place of employment or at other premises as 1035
authorized by the sentencing court or by the parole board.1036

       (2) The offender is required to report periodically to a 1037
person designated by the court or parole board.1038

       (3) The offender is subject to any other restrictions and 1039
requirements that may be imposed by the sentencing court or by the 1040
parole board.1041

       (Q) "Intensive probation supervision" means a requirement 1042
that an offender maintain frequent contact with a person appointed 1043
by the court, or by the parole board pursuant to section 2967.28 1044
of the Revised Code, to supervise the offender while the offender 1045
is seeking or maintaining necessary employment and participating 1046
in training, education, and treatment programs as required in the 1047
court's or parole board's order. "Intensive probation supervision" 1048
includes intensive parole supervision and intensive post-release 1049
control supervision.1050

       (R) "Jail" means a jail, workhouse, minimum security jail, or 1051
other residential facility used for the confinement of alleged or 1052
convicted offenders that is operated by a political subdivision or 1053
a combination of political subdivisions of this state.1054

       (S) "Jail term" means the term in a jail that a sentencing 1055
court imposes or is authorized to impose pursuant to section 1056
2929.24 or 2929.25 of the Revised Code or pursuant to any other 1057
provision of the Revised Code that authorizes a term in a jail for 1058
a misdemeanor conviction.1059

       (T) "Mandatory jail term" means the term in a jail that a 1060
sentencing court is required to impose pursuant to division (G) of 1061
section 1547.99 of the Revised Code, division (E) of section 1062
2903.06 or division (D) of section 2903.08 of the Revised Code, 1063
division (E) or (G) of section 2929.24 of the Revised Code, 1064
division (B) of section 4510.14 of the Revised Code, or division 1065
(G) of section 4511.19 of the Revised Code or pursuant to any 1066
other provision of the Revised Code that requires a term in a jail 1067
for a misdemeanor conviction.1068

       (U) "Delinquent child" has the same meaning as in section 1069
2152.02 of the Revised Code.1070

       (V) "License violation report" means a report that is made by 1071
a sentencing court, or by the parole board pursuant to section 1072
2967.28 of the Revised Code, to the regulatory or licensing board 1073
or agency that issued an offender a professional license or a 1074
license or permit to do business in this state and that specifies 1075
that the offender has been convicted of or pleaded guilty to an 1076
offense that may violate the conditions under which the offender's 1077
professional license or license or permit to do business in this 1078
state was granted or an offense for which the offender's 1079
professional license or license or permit to do business in this 1080
state may be revoked or suspended.1081

       (W) "Major drug offender" means an offender who is convicted 1082
of or pleads guilty to the possession of, sale of, or offer to 1083
sell any drug, compound, mixture, preparation, or substance that 1084
consists of or contains at least one thousand grams of hashish; at 1085
least one hundred grams of crack cocaine; at least one thousand 1086
grams of cocaine that is not crack cocaine; at least two thousand 1087
five hundred unit doses or two hundred fifty grams of heroin; at 1088
least five thousand unit doses of L.S.D. or five hundred grams of 1089
L.S.D. in a liquid concentrate, liquid extract, or liquid 1090
distillate form; or at least one hundred times the amount of any 1091
other schedule I or II controlled substance other than marihuana 1092
that is necessary to commit a felony of the third degree pursuant 1093
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised 1094
Code that is based on the possession of, sale of, or offer to sell 1095
the controlled substance.1096

       (X) "Mandatory prison term" means any of the following:1097

       (1) Subject to division (X)(2) of this section, the term in 1098
prison that must be imposed for the offenses or circumstances set 1099
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section 1100
2929.13 and division (D) of section 2929.14 of the Revised Code. 1101
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 1102
and 2925.11 of the Revised Code, unless the maximum or another 1103
specific term is required under section 2929.14 or 2929.142 of the 1104
Revised Code, a mandatory prison term described in this division 1105
may be any prison term authorized for the level of offense.1106

       (2) The term of sixty or one hundred twenty days in prison 1107
that a sentencing court is required to impose for a third or 1108
fourth degree felony OVI offense pursuant to division (G)(2) of 1109
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 1110
of the Revised Code or the term of one, two, three, four, or five 1111
years in prison that a sentencing court is required to impose 1112
pursuant to division (G)(2) of section 2929.13 of the Revised 1113
Code.1114

       (3) The term in prison imposed pursuant to division (A) of 1115
section 2971.03 of the Revised Code for the offenses and in the 1116
circumstances described in division (F)(11) of section 2929.13 of 1117
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), 1118
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 1119
2971.03 of the Revised Code and that term as modified or 1120
terminated pursuant to section 2971.05 of the Revised Code.1121

       (Y) "Monitored time" means a period of time during which an 1122
offender continues to be under the control of the sentencing court 1123
or parole board, subject to no conditions other than leading a 1124
law-abiding life.1125

       (Z) "Offender" means a person who, in this state, is 1126
convicted of or pleads guilty to a felony or a misdemeanor.1127

       (AA) "Prison" means a residential facility used for the 1128
confinement of convicted felony offenders that is under the 1129
control of the department of rehabilitation and correction but 1130
does not include a violation sanction center operated under 1131
authority of section 2967.141 of the Revised Code.1132

       (BB) "Prison term" includes either of the following sanctions 1133
for an offender:1134

       (1) A stated prison term;1135

       (2) A term in a prison shortened by, or with the approval of, 1136
the sentencing court pursuant to section 2929.20, 2967.26, 1137
5120.031, 5120.032, or 5120.073 of the Revised Code.1138

       (CC) "Repeat violent offender" means a person about whom both 1139
of the following apply:1140

       (1) The person is being sentenced for committing or for 1141
complicity in committing any of the following:1142

       (a) Aggravated murder, murder, any felony of the first or 1143
second degree that is an offense of violence, or an attempt to 1144
commit any of these offenses if the attempt is a felony of the 1145
first or second degree;1146

       (b) An offense under an existing or former law of this state, 1147
another state, or the United States that is or was substantially 1148
equivalent to an offense described in division (CC)(1)(a) of this 1149
section.1150

       (2) The person previously was convicted of or pleaded guilty 1151
to an offense described in division (CC)(1)(a) or (b) of this 1152
section.1153

       (DD) "Sanction" means any penalty imposed upon an offender 1154
who is convicted of or pleads guilty to an offense, as punishment 1155
for the offense. "Sanction" includes any sanction imposed pursuant 1156
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 1157
2929.28 of the Revised Code.1158

       (EE) "Sentence" means the sanction or combination of 1159
sanctions imposed by the sentencing court on an offender who is 1160
convicted of or pleads guilty to an offense.1161

       (FF) "Stated prison term" means the prison term, mandatory 1162
prison term, or combination of all prison terms and mandatory 1163
prison terms imposed by the sentencing court pursuant to section 1164
2929.14, 2929.142, or 2971.03 of the Revised Code or under section 1165
2919.25 of the Revised Code. "Stated prison term" includes any 1166
credit received by the offender for time spent in jail awaiting 1167
trial, sentencing, or transfer to prison for the offense and any 1168
time spent under house arrest or house arrest with electronic 1169
monitoring imposed after earning credits pursuant to section 1170
2967.193 of the Revised Code.1171

       (GG) "Victim-offender mediation" means a reconciliation or 1172
mediation program that involves an offender and the victim of the 1173
offense committed by the offender and that includes a meeting in 1174
which the offender and the victim may discuss the offense, discuss 1175
restitution, and consider other sanctions for the offense.1176

       (HH) "Fourth degree felony OVI offense" means a violation of 1177
division (A) of section 4511.19 of the Revised Code that, under 1178
division (G) of that section, is a felony of the fourth degree.1179

       (II) "Mandatory term of local incarceration" means the term 1180
of sixty or one hundred twenty days in a jail, a community-based 1181
correctional facility, a halfway house, or an alternative 1182
residential facility that a sentencing court may impose upon a 1183
person who is convicted of or pleads guilty to a fourth degree 1184
felony OVI offense pursuant to division (G)(1) of section 2929.13 1185
of the Revised Code and division (G)(1)(d) or (e) of section 1186
4511.19 of the Revised Code.1187

       (JJ) "Designated homicide, assault, or kidnapping offense," 1188
"violent sex offense," "sexual motivation specification," 1189
"sexually violent offense," "sexually violent predator," and 1190
"sexually violent predator specification" have the same meanings 1191
as in section 2971.01 of the Revised Code.1192

       (KK) "Sexually oriented offense," "child-victim oriented 1193
offense," and "tier III sex offender/child-victim offender," have 1194
the same meanings as in section 2950.01 of the Revised Code.1195

       (LL) An offense is "committed in the vicinity of a child" if 1196
the offender commits the offense within thirty feet of or within 1197
the same residential unit as a child who is under eighteen years 1198
of age, regardless of whether the offender knows the age of the 1199
child or whether the offender knows the offense is being committed 1200
within thirty feet of or within the same residential unit as the 1201
child and regardless of whether the child actually views the 1202
commission of the offense.1203

       (MM) "Family or household member" has the same meaning as in 1204
section 2919.25 of the Revised Code.1205

       (NN) "Motor vehicle" and "manufactured home" have the same 1206
meanings as in section 4501.01 of the Revised Code.1207

       (OO) "Detention" and "detention facility" have the same 1208
meanings as in section 2921.01 of the Revised Code.1209

       (PP) "Third degree felony OVI offense" means a violation of 1210
division (A) of section 4511.19 of the Revised Code that, under 1211
division (G) of that section, is a felony of the third degree.1212

       (QQ) "Random drug testing" has the same meaning as in section 1213
5120.63 of the Revised Code.1214

       (RR) "Felony sex offense" has the same meaning as in section 1215
2967.28 of the Revised Code.1216

       (SS) "Body armor" has the same meaning as in section 1217
2941.1411 of the Revised Code.1218

       (TT) "Electronic monitoring" means monitoring through the use 1219
of an electronic monitoring device.1220

       (UU) "Electronic monitoring device" means any of the 1221
following:1222

        (1) Any device that can be operated by electrical or battery 1223
power and that conforms with all of the following:1224

        (a) The device has a transmitter that can be attached to a 1225
person, that will transmit a specified signal to a receiver of the 1226
type described in division (UU)(1)(b) of this section if the 1227
transmitter is removed from the person, turned off, or altered in 1228
any manner without prior court approval in relation to electronic 1229
monitoring or without prior approval of the department of 1230
rehabilitation and correction in relation to the use of an 1231
electronic monitoring device for an inmate on transitional control 1232
or otherwise is tampered with, that can transmit continuously and 1233
periodically a signal to that receiver when the person is within a 1234
specified distance from the receiver, and that can transmit an 1235
appropriate signal to that receiver if the person to whom it is 1236
attached travels a specified distance from that receiver.1237

        (b) The device has a receiver that can receive continuously 1238
the signals transmitted by a transmitter of the type described in 1239
division (UU)(1)(a) of this section, can transmit continuously 1240
those signals by telephone to a central monitoring computer of the 1241
type described in division (UU)(1)(c) of this section, and can 1242
transmit continuously an appropriate signal to that central 1243
monitoring computer if the receiver is turned off or altered 1244
without prior court approval or otherwise tampered with.1245

        (c) The device has a central monitoring computer that can 1246
receive continuously the signals transmitted by telephone by a 1247
receiver of the type described in division (UU)(1)(b) of this 1248
section and can monitor continuously the person to whom an 1249
electronic monitoring device of the type described in division 1250
(UU)(1)(a) of this section is attached.1251

        (2) Any device that is not a device of the type described in 1252
division (UU)(1) of this section and that conforms with all of the 1253
following:1254

       (a) The device includes a transmitter and receiver that can 1255
monitor and determine the location of a subject person at any 1256
time, or at a designated point in time, through the use of a 1257
central monitoring computer or through other electronic means.1258

        (b) The device includes a transmitter and receiver that can 1259
determine at any time, or at a designated point in time, through 1260
the use of a central monitoring computer or other electronic means 1261
the fact that the transmitter is turned off or altered in any 1262
manner without prior approval of the court in relation to the 1263
electronic monitoring or without prior approval of the department 1264
of rehabilitation and correction in relation to the use of an 1265
electronic monitoring device for an inmate on transitional control 1266
or otherwise is tampered with.1267

        (3) Any type of technology that can adequately track or 1268
determine the location of a subject person at any time and that is 1269
approved by the director of rehabilitation and correction, 1270
including, but not limited to, any satellite technology, voice 1271
tracking system, or retinal scanning system that is so approved.1272

       (VV) "Non-economic loss" means nonpecuniary harm suffered by 1273
a victim of an offense as a result of or related to the commission 1274
of the offense, including, but not limited to, pain and suffering; 1275
loss of society, consortium, companionship, care, assistance, 1276
attention, protection, advice, guidance, counsel, instruction, 1277
training, or education; mental anguish; and any other intangible 1278
loss.1279

       (WW) "Prosecutor" has the same meaning as in section 2935.01 1280
of the Revised Code.1281

       (XX) "Continuous alcohol monitoring" means the ability to 1282
automatically test and periodically transmit alcohol consumption 1283
levels and tamper attempts at least every hour, regardless of the 1284
location of the person who is being monitored.1285

       (YY) A person is "adjudicated a sexually violent predator" if 1286
the person is convicted of or pleads guilty to a violent sex 1287
offense and also is convicted of or pleads guilty to a sexually 1288
violent predator specification that was included in the 1289
indictment, count in the indictment, or information charging that 1290
violent sex offense or if the person is convicted of or pleads 1291
guilty to a designated homicide, assault, or kidnapping offense 1292
and also is convicted of or pleads guilty to both a sexual 1293
motivation specification and a sexually violent predator 1294
specification that were included in the indictment, count in the 1295
indictment, or information charging that designated homicide, 1296
assault, or kidnapping offense.1297

       (ZZ) An offense is "committed in proximity to a school" if 1298
the offender commits the offense in a school safety zone or within 1299
five hundred feet of any school building or the boundaries of any 1300
school premises, regardless of whether the offender knows the 1301
offense is being committed in a school safety zone or within five 1302
hundred feet of any school building or the boundaries of any 1303
school premises.1304

       (AAA) "Human trafficking" means a scheme or plan to which all 1305
of the following apply:1306

       (1) Its object is to subject a victim or victims to 1307
involuntary servitude, to compel a victim or victims to engage in 1308
sexual activity for hire, to engage in a performance that is 1309
obscene, sexually oriented, or nudity oriented, or to be a model 1310
or participant in the production of material that is obscene, 1311
sexually oriented, or nudity oriented.1312

       (2) It involves at least two felony offenses, whether or not 1313
there has been a prior conviction for any of the felony offenses, 1314
to which all of the following apply:1315

       (a) Each of the felony offenses is a violation of section 1316
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division 1317
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), 1318
(4), or (5) of section 2919.22 of the Revised Code or is a 1319
violation of a law of any state other than this state that is 1320
substantially similar to any of the sections or divisions of the 1321
Revised Code identified in this division.1322

       (b) At least one of the felony offenses was committed in this 1323
state.1324

       (c) The felony offenses are related to the same scheme or 1325
plan,and are not isolated instances, and are not so closely 1326
related to each other and connected in time and place that they 1327
constitute a single event or transaction.1328

       (BBB) "Material," "nudity," "obscene," "performance," and 1329
"sexual activity" have the same meanings as in section 2907.01 of 1330
the Revised Code.1331

       (CCC) "Material that is obscene, sexually oriented, or nudity 1332
oriented" means any material that is obscene, that shows a person 1333
participating or engaging in sexual activity, masturbation, or 1334
bestiality, or that shows a person in a state of nudity.1335

       (DDD) "Performance that is obscene, sexually oriented, or 1336
nudity oriented" means any performance that is obscene, that shows 1337
a person participating or engaging in sexual activity, 1338
masturbation, or bestiality, or that shows a person in a state of 1339
nudity.1340

       (EEE) "Involuntary servitude" has the same meaning as in 1341
section 2905.31 of the Revised Code.1342

       Sec. 2929.14.  (A) Except as provided in division (C), 1343
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8), 1344
(G), (I), (J), or (L) of this section or in division (D)(6) of 1345
section 2919.25 of the Revised Code and except in relation to an 1346
offense for which a sentence of death or life imprisonment is to 1347
be imposed, if the court imposing a sentence upon an offender for 1348
a felony elects or is required to impose a prison term on the 1349
offender pursuant to this chapter, the court shall impose a 1350
definite prison term that shall be one of the following:1351

       (1) For a felony of the first degree, the prison term shall 1352
be three, four, five, six, seven, eight, nine, or ten years.1353

       (2) For a felony of the second degree, the prison term shall 1354
be two, three, four, five, six, seven, or eight years.1355

       (3) For a felony of the third degree, the prison term shall 1356
be one, two, three, four, or five years.1357

       (4) For a felony of the fourth degree, the prison term shall 1358
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 1359
fourteen, fifteen, sixteen, seventeen, or eighteen months.1360

       (5) For a felony of the fifth degree, the prison term shall 1361
be six, seven, eight, nine, ten, eleven, or twelve months.1362

       (B) Except as provided in division (C), (D)(1), (D)(2), 1363
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of 1364
this section, in section 2907.02 , 2907.05, or 2919.25 of the 1365
Revised Code, or in Chapter 2925. of the Revised Code, if the 1366
court imposing a sentence upon an offender for a felony elects or 1367
is required to impose a prison term on the offender, the court 1368
shall impose the shortest prison term authorized for the offense 1369
pursuant to division (A) of this section, unless one or more of 1370
the following applies:1371

       (1) The offender was serving a prison term at the time of the 1372
offense, or the offender previously had served a prison term.1373

       (2) The court finds on the record that the shortest prison 1374
term will demean the seriousness of the offender's conduct or will 1375
not adequately protect the public from future crime by the 1376
offender or others.1377

       (C) Except as provided in division (D)(7), (D)(8), (G), or 1378
(L) of this section, in section 2919.25 of the Revised Code, or in 1379
Chapter 2925. of the Revised Code, the court imposing a sentence 1380
upon an offender for a felony may impose the longest prison term 1381
authorized for the offense pursuant to division (A) of this 1382
section only upon offenders who committed the worst forms of the 1383
offense, upon offenders who pose the greatest likelihood of 1384
committing future crimes, upon certain major drug offenders under 1385
division (D)(3) of this section, and upon certain repeat violent 1386
offenders in accordance with division (D)(2) of this section.1387

       (D)(1)(a) Except as provided in division (D)(1)(e) of this 1388
section, if an offender who is convicted of or pleads guilty to a 1389
felony also is convicted of or pleads guilty to a specification of 1390
the type described in section 2941.141, 2941.144, or 2941.145 of 1391
the Revised Code, the court shall impose on the offender one of 1392
the following prison terms:1393

       (i) A prison term of six years if the specification is of the 1394
type described in section 2941.144 of the Revised Code that 1395
charges the offender with having a firearm that is an automatic 1396
firearm or that was equipped with a firearm muffler or silencer on 1397
or about the offender's person or under the offender's control 1398
while committing the felony;1399

       (ii) A prison term of three years if the specification is of 1400
the type described in section 2941.145 of the Revised Code that 1401
charges the offender with having a firearm on or about the 1402
offender's person or under the offender's control while committing 1403
the offense and displaying the firearm, brandishing the firearm, 1404
indicating that the offender possessed the firearm, or using it to 1405
facilitate the offense;1406

       (iii) A prison term of one year if the specification is of 1407
the type described in section 2941.141 of the Revised Code that 1408
charges the offender with having a firearm on or about the 1409
offender's person or under the offender's control while committing 1410
the felony.1411

       (b) If a court imposes a prison term on an offender under 1412
division (D)(1)(a) of this section, the prison term shall not be 1413
reduced pursuant to section 2929.20, section 2967.193, or any 1414
other provision of Chapter 2967. or Chapter 5120. of the Revised 1415
Code. Except as provided in division (D)(1)(g) of this section, a 1416
court shall not impose more than one prison term on an offender 1417
under division (D)(1)(a) of this section for felonies committed as 1418
part of the same act or transaction.1419

       (c) Except as provided in division (D)(1)(e) of this section, 1420
if an offender who is convicted of or pleads guilty to a violation 1421
of section 2923.161 of the Revised Code or to a felony that 1422
includes, as an essential element, purposely or knowingly causing 1423
or attempting to cause the death of or physical harm to another, 1424
also is convicted of or pleads guilty to a specification of the 1425
type described in section 2941.146 of the Revised Code that 1426
charges the offender with committing the offense by discharging a 1427
firearm from a motor vehicle other than a manufactured home, the 1428
court, after imposing a prison term on the offender for the 1429
violation of section 2923.161 of the Revised Code or for the other 1430
felony offense under division (A), (D)(2), or (D)(3) of this 1431
section, shall impose an additional prison term of five years upon 1432
the offender that shall not be reduced pursuant to section 1433
2929.20, section 2967.193, or any other provision of Chapter 2967. 1434
or Chapter 5120. of the Revised Code. A court shall not impose 1435
more than one additional prison term on an offender under division 1436
(D)(1)(c) of this section for felonies committed as part of the 1437
same act or transaction. If a court imposes an additional prison 1438
term on an offender under division (D)(1)(c) of this section 1439
relative to an offense, the court also shall impose a prison term 1440
under division (D)(1)(a) of this section relative to the same 1441
offense, provided the criteria specified in that division for 1442
imposing an additional prison term are satisfied relative to the 1443
offender and the offense.1444

       (d) If an offender who is convicted of or pleads guilty to an 1445
offense of violence that is a felony also is convicted of or 1446
pleads guilty to a specification of the type described in section 1447
2941.1411 of the Revised Code that charges the offender with 1448
wearing or carrying body armor while committing the felony offense 1449
of violence, the court shall impose on the offender a prison term 1450
of two years. The prison term so imposed shall not be reduced 1451
pursuant to section 2929.20, section 2967.193, or any other 1452
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 1453
court shall not impose more than one prison term on an offender 1454
under division (D)(1)(d) of this section for felonies committed as 1455
part of the same act or transaction. If a court imposes an 1456
additional prison term under division (D)(1)(a) or (c) of this 1457
section, the court is not precluded from imposing an additional 1458
prison term under division (D)(1)(d) of this section.1459

       (e) The court shall not impose any of the prison terms 1460
described in division (D)(1)(a) of this section or any of the 1461
additional prison terms described in division (D)(1)(c) of this 1462
section upon an offender for a violation of section 2923.12 or 1463
2923.123 of the Revised Code. The court shall not impose any of 1464
the prison terms described in division (D)(1)(a) or (b) of this 1465
section upon an offender for a violation of section 2923.122 that 1466
involves a deadly weapon that is a firearm other than a dangerous 1467
ordnance, section 2923.16, or section 2923.121 of the Revised 1468
Code. The court shall not impose any of the prison terms described 1469
in division (D)(1)(a) of this section or any of the additional 1470
prison terms described in division (D)(1)(c) of this section upon 1471
an offender for a violation of section 2923.13 of the Revised Code 1472
unless all of the following apply:1473

       (i) The offender previously has been convicted of aggravated 1474
murder, murder, or any felony of the first or second degree.1475

       (ii) Less than five years have passed since the offender was 1476
released from prison or post-release control, whichever is later, 1477
for the prior offense.1478

        (f) If an offender is convicted of or pleads guilty to a 1479
felony that includes, as an essential element, causing or 1480
attempting to cause the death of or physical harm to another and 1481
also is convicted of or pleads guilty to a specification of the 1482
type described in section 2941.1412 of the Revised Code that 1483
charges the offender with committing the offense by discharging a 1484
firearm at a peace officer as defined in section 2935.01 of the 1485
Revised Code or a corrections officer, as defined in section 1486
2941.1412 of the Revised Code, the court, after imposing a prison 1487
term on the offender for the felony offense under division (A), 1488
(D)(2), or (D)(3) of this section, shall impose an additional 1489
prison term of seven years upon the offender that shall not be 1490
reduced pursuant to section 2929.20, section 2967.193, or any 1491
other provision of Chapter 2967. or Chapter 5120. of the Revised 1492
Code. If an offender is convicted of or pleads guilty to two or 1493
more felonies that include, as an essential element, causing or 1494
attempting to cause the death or physical harm to another and also 1495
is convicted of or pleads guilty to a specification of the type 1496
described under division (D)(1)(f) of this section in connection 1497
with two or more of the felonies of which the offender is 1498
convicted or to which the offender pleads guilty, the sentencing 1499
court shall impose on the offender the prison term specified under 1500
division (D)(1)(f) of this section for each of two of the 1501
specifications of which the offender is convicted or to which the 1502
offender pleads guilty and, in its discretion, also may impose on 1503
the offender the prison term specified under that division for any 1504
or all of the remaining specifications. If a court imposes an 1505
additional prison term on an offender under division (D)(1)(f) of 1506
this section relative to an offense, the court shall not impose a 1507
prison term under division (D)(1)(a) or (c) of this section 1508
relative to the same offense.1509

       (g) If an offender is convicted of or pleads guilty to two or 1510
more felonies, if one or more of those felonies is aggravated 1511
murder, murder, attempted aggravated murder, attempted murder, 1512
aggravated robbery, felonious assault, or rape, and if the 1513
offender is convicted of or pleads guilty to a specification of 1514
the type described under division (D)(1)(a) of this section in 1515
connection with two or more of the felonies, the sentencing court 1516
shall impose on the offender the prison term specified under 1517
division (D)(1)(a) of this section for each of the two most 1518
serious specifications of which the offender is convicted or to 1519
which the offender pleads guilty and, in its discretion, also may 1520
impose on the offender the prison term specified under that 1521
division for any or all of the remaining specifications.1522

       (2)(a) If division (D)(2)(b) of this section does not apply, 1523
the court may impose on an offender, in addition to the longest 1524
prison term authorized or required for the offense, an additional 1525
definite prison term of one, two, three, four, five, six, seven, 1526
eight, nine, or ten years if all of the following criteria are 1527
met:1528

       (i) The offender is convicted of or pleads guilty to a 1529
specification of the type described in section 2941.149 of the 1530
Revised Code that the offender is a repeat violent offender.1531

       (ii) The offense of which the offender currently is convicted 1532
or to which the offender currently pleads guilty is aggravated 1533
murder and the court does not impose a sentence of death or life 1534
imprisonment without parole, murder, terrorism and the court does 1535
not impose a sentence of life imprisonment without parole, any 1536
felony of the first degree that is an offense of violence and the 1537
court does not impose a sentence of life imprisonment without 1538
parole, or any felony of the second degree that is an offense of 1539
violence and the trier of fact finds that the offense involved an 1540
attempt to cause or a threat to cause serious physical harm to a 1541
person or resulted in serious physical harm to a person.1542

       (iii) The court imposes the longest prison term for the 1543
offense that is not life imprisonment without parole.1544

       (iv) The court finds that the prison terms imposed pursuant 1545
to division (D)(2)(a)(iii) of this section and, if applicable, 1546
division (D)(1) or (3) of this section are inadequate to punish 1547
the offender and protect the public from future crime, because the 1548
applicable factors under section 2929.12 of the Revised Code 1549
indicating a greater likelihood of recidivism outweigh the 1550
applicable factors under that section indicating a lesser 1551
likelihood of recidivism.1552

       (v) The court finds that the prison terms imposed pursuant to 1553
division (D)(2)(a)(iii) of this section and, if applicable, 1554
division (D)(1) or (3) of this section are demeaning to the 1555
seriousness of the offense, because one or more of the factors 1556
under section 2929.12 of the Revised Code indicating that the 1557
offender's conduct is more serious than conduct normally 1558
constituting the offense are present, and they outweigh the 1559
applicable factors under that section indicating that the 1560
offender's conduct is less serious than conduct normally 1561
constituting the offense.1562

       (b) The court shall impose on an offender the longest prison 1563
term authorized or required for the offense and shall impose on 1564
the offender an additional definite prison term of one, two, 1565
three, four, five, six, seven, eight, nine, or ten years if all of 1566
the following criteria are met:1567

       (i) The offender is convicted of or pleads guilty to a 1568
specification of the type described in section 2941.149 of the 1569
Revised Code that the offender is a repeat violent offender.1570

       (ii) The offender within the preceding twenty years has been 1571
convicted of or pleaded guilty to three or more offenses described 1572
in division (CC)(1) of section 2929.01 of the Revised Code, 1573
including all offenses described in that division of which the 1574
offender is convicted or to which the offender pleads guilty in 1575
the current prosecution and all offenses described in that 1576
division of which the offender previously has been convicted or to 1577
which the offender previously pleaded guilty, whether prosecuted 1578
together or separately.1579

       (iii) The offense or offenses of which the offender currently 1580
is convicted or to which the offender currently pleads guilty is 1581
aggravated murder and the court does not impose a sentence of 1582
death or life imprisonment without parole, murder, terrorism and 1583
the court does not impose a sentence of life imprisonment without 1584
parole, any felony of the first degree that is an offense of 1585
violence and the court does not impose a sentence of life 1586
imprisonment without parole, or any felony of the second degree 1587
that is an offense of violence and the trier of fact finds that 1588
the offense involved an attempt to cause or a threat to cause 1589
serious physical harm to a person or resulted in serious physical 1590
harm to a person.1591

       (c) For purposes of division (D)(2)(b) of this section, two 1592
or more offenses committed at the same time or as part of the same 1593
act or event shall be considered one offense, and that one offense 1594
shall be the offense with the greatest penalty.1595

       (d) A sentence imposed under division (D)(2)(a) or (b) of 1596
this section shall not be reduced pursuant to section 2929.20 or 1597
section 2967.193, or any other provision of Chapter 2967. or 1598
Chapter 5120. of the Revised Code. The offender shall serve an 1599
additional prison term imposed under this section consecutively to 1600
and prior to the prison term imposed for the underlying offense.1601

       (e) When imposing a sentence pursuant to division (D)(2)(a) 1602
or (b) of this section, the court shall state its findings 1603
explaining the imposed sentence.1604

       (3)(a) Except when an offender commits a violation of section 1605
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1606
the violation is life imprisonment or commits a violation of 1607
section 2903.02 of the Revised Code, if the offender commits a 1608
violation of section 2925.03 or 2925.11 of the Revised Code and 1609
that section classifies the offender as a major drug offender and 1610
requires the imposition of a ten-year prison term on the offender, 1611
if the offender commits a felony violation of section 2925.02, 1612
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1613
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1614
division (C) of section 4729.51, or division (J) of section 1615
4729.54 of the Revised Code that includes the sale, offer to sell, 1616
or possession of a schedule I or II controlled substance, with the 1617
exception of marihuana, and the court imposing sentence upon the 1618
offender finds that the offender is guilty of a specification of 1619
the type described in section 2941.1410 of the Revised Code 1620
charging that the offender is a major drug offender, if the court 1621
imposing sentence upon an offender for a felony finds that the 1622
offender is guilty of corrupt activity with the most serious 1623
offense in the pattern of corrupt activity being a felony of the 1624
first degree, or if the offender is guilty of an attempted 1625
violation of section 2907.02 of the Revised Code and, had the 1626
offender completed the violation of section 2907.02 of the Revised 1627
Code that was attempted, the offender would have been subject to a 1628
sentence of life imprisonment or life imprisonment without parole 1629
for the violation of section 2907.02 of the Revised Code, the 1630
court shall impose upon the offender for the felony violation a 1631
ten-year prison term that cannot be reduced pursuant to section 1632
2929.20 or Chapter 2967. or 5120. of the Revised Code.1633

       (b) The court imposing a prison term on an offender under 1634
division (D)(3)(a) of this section may impose an additional prison 1635
term of one, two, three, four, five, six, seven, eight, nine, or 1636
ten years, if the court, with respect to the term imposed under 1637
division (D)(3)(a) of this section and, if applicable, divisions 1638
(D)(1) and (2) of this section, makes both of the findings set 1639
forth in divisions (D)(2)(a)(iv) and (v) of this section.1640

       (4) If the offender is being sentenced for a third or fourth 1641
degree felony OVI offense under division (G)(2) of section 2929.13 1642
of the Revised Code, the sentencing court shall impose upon the 1643
offender a mandatory prison term in accordance with that division. 1644
In addition to the mandatory prison term, if the offender is being 1645
sentenced for a fourth degree felony OVI offense, the court, 1646
notwithstanding division (A)(4) of this section, may sentence the 1647
offender to a definite prison term of not less than six months and 1648
not more than thirty months, and if the offender is being 1649
sentenced for a third degree felony OVI offense, the sentencing 1650
court may sentence the offender to an additional prison term of 1651
any duration specified in division (A)(3) of this section. In 1652
either case, the additional prison term imposed shall be reduced 1653
by the sixty or one hundred twenty days imposed upon the offender 1654
as the mandatory prison term. The total of the additional prison 1655
term imposed under division (D)(4) of this section plus the sixty 1656
or one hundred twenty days imposed as the mandatory prison term 1657
shall equal a definite term in the range of six months to thirty 1658
months for a fourth degree felony OVI offense and shall equal one 1659
of the authorized prison terms specified in division (A)(3) of 1660
this section for a third degree felony OVI offense. If the court 1661
imposes an additional prison term under division (D)(4) of this 1662
section, the offender shall serve the additional prison term after 1663
the offender has served the mandatory prison term required for the 1664
offense. In addition to the mandatory prison term or mandatory and 1665
additional prison term imposed as described in division (D)(4) of 1666
this section, the court also may sentence the offender to a 1667
community control sanction under section 2929.16 or 2929.17 of the 1668
Revised Code, but the offender shall serve all of the prison terms 1669
so imposed prior to serving the community control sanction.1670

        If the offender is being sentenced for a fourth degree felony 1671
OVI offense under division (G)(1) of section 2929.13 of the 1672
Revised Code and the court imposes a mandatory term of local 1673
incarceration, the court may impose a prison term as described in 1674
division (A)(1) of that section.1675

       (5) If an offender is convicted of or pleads guilty to a 1676
violation of division (A)(1) or (2) of section 2903.06 of the 1677
Revised Code and also is convicted of or pleads guilty to a 1678
specification of the type described in section 2941.1414 of the 1679
Revised Code that charges that the victim of the offense is a 1680
peace officer, as defined in section 2935.01 of the Revised Code, 1681
or an investigator of the bureau of criminal identification and 1682
investigation, as defined in section 2903.11 of the Revised Code, 1683
the court shall impose on the offender a prison term of five 1684
years. If a court imposes a prison term on an offender under 1685
division (D)(5) of this section, the prison term shall not be 1686
reduced pursuant to section 2929.20, section 2967.193, or any 1687
other provision of Chapter 2967. or Chapter 5120. of the Revised 1688
Code. A court shall not impose more than one prison term on an 1689
offender under division (D)(5) of this section for felonies 1690
committed as part of the same act.1691

        (6) If an offender is convicted of or pleads guilty to a 1692
violation of division (A)(1) or (2) of section 2903.06 of the 1693
Revised Code and also is convicted of or pleads guilty to a 1694
specification of the type described in section 2941.1415 of the 1695
Revised Code that charges that the offender previously has been 1696
convicted of or pleaded guilty to three or more violations of 1697
division (A) or (B) of section 4511.19 of the Revised Code or an 1698
equivalent offense, as defined in section 2941.1415 of the Revised 1699
Code, or three or more violations of any combination of those 1700
divisions and offenses, the court shall impose on the offender a 1701
prison term of three years. If a court imposes a prison term on an 1702
offender under division (D)(6) of this section, the prison term 1703
shall not be reduced pursuant to section 2929.20, section 1704
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 1705
of the Revised Code. A court shall not impose more than one prison 1706
term on an offender under division (D)(6) of this section for 1707
felonies committed as part of the same act.1708

       (7)(a) If an offender is convicted of or pleads guilty to a 1709
felony violation of section 2905.01, 2905.02, 2905.32, 2907.21, 1710
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323, 1711
or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of 1712
the Revised Code and also is convicted of or pleads guilty to a 1713
specification of the type described in section 2941.1422 of the 1714
Revised Code that charges that the offender knowingly committed 1715
the offense in furtherance of human trafficking, the court shall 1716
impose on the offender a mandatory prison term that is one of the 1717
following:1718

       (i) If the offense is a felony of the first degree, a 1719
definite prison term of not less than five years and not greater 1720
than ten years;1721

       (ii) If the offense is a felony of the second or third 1722
degree, a definite prison term of not less than three years and 1723
not greater than the maximum prison term allowed for the offense 1724
by division (A) of section 2929.14 of the Revised Code;1725

       (iii) If the offense is a felony of the fourth or fifth 1726
degree, a definite prison term that is the maximum prison term 1727
allowed for the offense by division (A) of section 2929.14 of the 1728
Revised Code.1729

       (b) The prison term imposed under division (D)(7)(a) of this 1730
section shall not be reduced pursuant to section 2929.20, section 1731
2967.193, or any other provision of Chapter 2967. of the Revised 1732
Code. A court shall not impose more than one prison term on an 1733
offender under division (D)(7)(a) of this section for felonies 1734
committed as part of the same act, scheme, or plan.1735

       (8) If an offender is convicted of or pleads guilty to a 1736
felony violation of section 2903.11, 2903.12, or 2903.13 of the 1737
Revised Code and also is convicted of or pleads guilty to a 1738
specification of the type described in section 2941.1423 of the 1739
Revised Code that charges that the victim of the violation was a 1740
woman whom the offender knew was pregnant at the time of the 1741
violation, notwithstanding the range of prison terms prescribed in 1742
division (A) of this section for felonies of the same degree as 1743
the violation, the court shall impose on the offender a mandatory 1744
prison term that is either a definite prison term of six months or 1745
one of the prison terms prescribed in section 2929.14 of the 1746
Revised Code for felonies of the same degree as the violation.1747

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 1748
mandatory prison term is imposed upon an offender pursuant to 1749
division (D)(1)(a) of this section for having a firearm on or 1750
about the offender's person or under the offender's control while 1751
committing a felony, if a mandatory prison term is imposed upon an 1752
offender pursuant to division (D)(1)(c) of this section for 1753
committing a felony specified in that division by discharging a 1754
firearm from a motor vehicle, or if both types of mandatory prison 1755
terms are imposed, the offender shall serve any mandatory prison 1756
term imposed under either division consecutively to any other 1757
mandatory prison term imposed under either division or under 1758
division (D)(1)(d) of this section, consecutively to and prior to 1759
any prison term imposed for the underlying felony pursuant to 1760
division (A), (D)(2), or (D)(3) of this section or any other 1761
section of the Revised Code, and consecutively to any other prison 1762
term or mandatory prison term previously or subsequently imposed 1763
upon the offender.1764

       (b) If a mandatory prison term is imposed upon an offender 1765
pursuant to division (D)(1)(d) of this section for wearing or 1766
carrying body armor while committing an offense of violence that 1767
is a felony, the offender shall serve the mandatory term so 1768
imposed consecutively to any other mandatory prison term imposed 1769
under that division or under division (D)(1)(a) or (c) of this 1770
section, consecutively to and prior to any prison term imposed for 1771
the underlying felony under division (A), (D)(2), or (D)(3) of 1772
this section or any other section of the Revised Code, and 1773
consecutively to any other prison term or mandatory prison term 1774
previously or subsequently imposed upon the offender.1775

       (c) If a mandatory prison term is imposed upon an offender 1776
pursuant to division (D)(1)(f) of this section, the offender shall 1777
serve the mandatory prison term so imposed consecutively to and 1778
prior to any prison term imposed for the underlying felony under 1779
division (A), (D)(2), or (D)(3) of this section or any other 1780
section of the Revised Code, and consecutively to any other prison 1781
term or mandatory prison term previously or subsequently imposed 1782
upon the offender.1783

       (d) If a mandatory prison term is imposed upon an offender 1784
pursuant to division (D)(7) or (8) of this section, the offender 1785
shall serve the mandatory prison term so imposed consecutively to 1786
any other mandatory prison term imposed under that division or 1787
under any other provision of law and consecutively to any other 1788
prison term or mandatory prison term previously or subsequently 1789
imposed upon the offender.1790

       (2) If an offender who is an inmate in a jail, prison, or 1791
other residential detention facility violates section 2917.02, 1792
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1793
who is under detention at a detention facility commits a felony 1794
violation of section 2923.131 of the Revised Code, or if an 1795
offender who is an inmate in a jail, prison, or other residential 1796
detention facility or is under detention at a detention facility 1797
commits another felony while the offender is an escapee in 1798
violation of section 2921.34 of the Revised Code, any prison term 1799
imposed upon the offender for one of those violations shall be 1800
served by the offender consecutively to the prison term or term of 1801
imprisonment the offender was serving when the offender committed 1802
that offense and to any other prison term previously or 1803
subsequently imposed upon the offender.1804

       (3) If a prison term is imposed for a violation of division 1805
(B) of section 2911.01 of the Revised Code, a violation of 1806
division (A) of section 2913.02 of the Revised Code in which the 1807
stolen property is a firearm or dangerous ordnance, or a felony 1808
violation of division (B) of section 2921.331 of the Revised Code, 1809
the offender shall serve that prison term consecutively to any 1810
other prison term or mandatory prison term previously or 1811
subsequently imposed upon the offender.1812

       (4) If multiple prison terms are imposed on an offender for 1813
convictions of multiple offenses, the court may require the 1814
offender to serve the prison terms consecutively if the court 1815
finds that the consecutive service is necessary to protect the 1816
public from future crime or to punish the offender and that 1817
consecutive sentences are not disproportionate to the seriousness 1818
of the offender's conduct and to the danger the offender poses to 1819
the public, and if the court also finds any of the following:1820

       (a) The offender committed one or more of the multiple 1821
offenses while the offender was awaiting trial or sentencing, was 1822
under a sanction imposed pursuant to section 2929.16, 2929.17, or 1823
2929.18 of the Revised Code, or was under post-release control for 1824
a prior offense.1825

       (b) At least two of the multiple offenses were committed as 1826
part of one or more courses of conduct, and the harm caused by two 1827
or more of the multiple offenses so committed was so great or 1828
unusual that no single prison term for any of the offenses 1829
committed as part of any of the courses of conduct adequately 1830
reflects the seriousness of the offender's conduct.1831

       (c) The offender's history of criminal conduct demonstrates 1832
that consecutive sentences are necessary to protect the public 1833
from future crime by the offender.1834

       (5) If a mandatory prison term is imposed upon an offender 1835
pursuant to division (D)(5) or (6) of this section, the offender 1836
shall serve the mandatory prison term consecutively to and prior 1837
to any prison term imposed for the underlying violation of 1838
division (A)(1) or (2) of section 2903.06 of the Revised Code 1839
pursuant to division (A) of this section or section 2929.142 of 1840
the Revised Code. If a mandatory prison term is imposed upon an 1841
offender pursuant to division (D)(5) of this section, and if a 1842
mandatory prison term also is imposed upon the offender pursuant 1843
to division (D)(6) of this section in relation to the same 1844
violation, the offender shall serve the mandatory prison term 1845
imposed pursuant to division (D)(5) of this section consecutively 1846
to and prior to the mandatory prison term imposed pursuant to 1847
division (D)(6) of this section and consecutively to and prior to 1848
any prison term imposed for the underlying violation of division 1849
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 1850
division (A) of this section or section 2929.142 of the Revised 1851
Code.1852

       (6) When consecutive prison terms are imposed pursuant to 1853
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2) 1854
of this section, the term to be served is the aggregate of all of 1855
the terms so imposed.1856

       (F)(1) If a court imposes a prison term for a felony of the 1857
first degree, for a felony of the second degree, for a felony sex 1858
offense, or for a felony of the third degree that is not a felony 1859
sex offense and in the commission of which the offender caused or 1860
threatened to cause physical harm to a person, it shall include in 1861
the sentence a requirement that the offender be subject to a 1862
period of post-release control after the offender's release from 1863
imprisonment, in accordance with that division. If a court imposes 1864
a sentence including a prison term of a type described in this 1865
division on or after July 11, 2006, the failure of a court to 1866
include a post-release control requirement in the sentence 1867
pursuant to this division does not negate, limit, or otherwise 1868
affect the mandatory period of post-release control that is 1869
required for the offender under division (B) of section 2967.28 of 1870
the Revised Code. Section 2929.191 of the Revised Code applies if, 1871
prior to July 11, 2006, a court imposed a sentence including a 1872
prison term of a type described in this division and failed to 1873
include in the sentence pursuant to this division a statement 1874
regarding post-release control.1875

       (2) If a court imposes a prison term for a felony of the 1876
third, fourth, or fifth degree that is not subject to division 1877
(F)(1) of this section, it shall include in the sentence a 1878
requirement that the offender be subject to a period of 1879
post-release control after the offender's release from 1880
imprisonment, in accordance with that division, if the parole 1881
board determines that a period of post-release control is 1882
necessary. Section 2929.191 of the Revised Code applies if, prior 1883
to July 11, 2006, a court imposed a sentence including a prison 1884
term of a type described in this division and failed to include in 1885
the sentence pursuant to this division a statement regarding 1886
post-release control.1887

       (G) The court shall impose sentence upon the offender in 1888
accordance with section 2971.03 of the Revised Code, and Chapter 1889
2971. of the Revised Code applies regarding the prison term or 1890
term of life imprisonment without parole imposed upon the offender 1891
and the service of that term of imprisonment if any of the 1892
following apply:1893

       (1) A person is convicted of or pleads guilty to a violent 1894
sex offense or a designated homicide, assault, or kidnapping 1895
offense, and, in relation to that offense, the offender is 1896
adjudicated a sexually violent predator.1897

       (2) A person is convicted of or pleads guilty to a violation 1898
of division (A)(1)(b) of section 2907.02 of the Revised Code 1899
committed on or after January 2, 2007, and either the court does 1900
not impose a sentence of life without parole when authorized 1901
pursuant to division (B) of section 2907.02 of the Revised Code, 1902
or division (B) of section 2907.02 of the Revised Code provides 1903
that the court shall not sentence the offender pursuant to section 1904
2971.03 of the Revised Code.1905

       (3) A person is convicted of or pleads guilty to attempted 1906
rape committed on or after January 2, 2007, and a specification of 1907
the type described in section 2941.1418, 2941.1419, or 2941.1420 1908
of the Revised Code.1909

       (4) A person is convicted of or pleads guilty to a violation 1910
of section 2905.01 of the Revised Code committed on or after 1911
January 1, 2008, and that section requires the court to sentence 1912
the offender pursuant to section 2971.03 of the Revised Code.1913

        (5) A person is convicted of or pleads guilty to aggravated 1914
murder committed on or after January 1, 2008, and division 1915
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 1916
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 1917
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 1918
2929.06 of the Revised Code requires the court to sentence the 1919
offender pursuant to division (B)(3) of section 2971.03 of the 1920
Revised Code.1921

        (6) A person is convicted of or pleads guilty to murder 1922
committed on or after January 1, 2008, and division (B)(2) of 1923
section 2929.02 of the Revised Code requires the court to sentence 1924
the offender pursuant to section 2971.03 of the Revised Code.1925

       (H) If a person who has been convicted of or pleaded guilty 1926
to a felony is sentenced to a prison term or term of imprisonment 1927
under this section, sections 2929.02 to 2929.06 of the Revised 1928
Code, section 2929.142 of the Revised Code, section 2971.03 of the 1929
Revised Code, or any other provision of law, section 5120.163 of 1930
the Revised Code applies regarding the person while the person is 1931
confined in a state correctional institution.1932

       (I) If an offender who is convicted of or pleads guilty to a 1933
felony that is an offense of violence also is convicted of or 1934
pleads guilty to a specification of the type described in section 1935
2941.142 of the Revised Code that charges the offender with having 1936
committed the felony while participating in a criminal gang, the 1937
court shall impose upon the offender an additional prison term of 1938
one, two, or three years.1939

       (J)(1) If an offender who is convicted of or pleads guilty to 1940
aggravated murder, murder, or a felony of the first, second, or 1941
third degree that is an offense of violence also is convicted of 1942
or pleads guilty to a specification of the type described in 1943
section 2941.143 of the Revised Code that charges the offender 1944
with having committed the offense in a school safety zone or 1945
towards a person in a school safety zone, the court shall impose 1946
upon the offender an additional prison term of two years. The 1947
offender shall serve the additional two years consecutively to and 1948
prior to the prison term imposed for the underlying offense.1949

       (2)(a) If an offender is convicted of or pleads guilty to a 1950
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 1951
of the Revised Code and to a specification of the type described 1952
in section 2941.1421 of the Revised Code and if the court imposes 1953
a prison term on the offender for the felony violation, the court 1954
may impose upon the offender an additional prison term as follows:1955

       (i) Subject to division (J)(2)(a)(ii) of this section, an 1956
additional prison term of one, two, three, four, five, or six 1957
months;1958

       (ii) If the offender previously has been convicted of or 1959
pleaded guilty to one or more felony or misdemeanor violations of 1960
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 1961
Revised Code and also was convicted of or pleaded guilty to a 1962
specification of the type described in section 2941.1421 of the 1963
Revised Code regarding one or more of those violations, an 1964
additional prison term of one, two, three, four, five, six, seven, 1965
eight, nine, ten, eleven, or twelve months.1966

       (b) In lieu of imposing an additional prison term under 1967
division (J)(2)(a) of this section, the court may directly impose 1968
on the offender a sanction that requires the offender to wear a 1969
real-time processing, continual tracking electronic monitoring 1970
device during the period of time specified by the court. The 1971
period of time specified by the court shall equal the duration of 1972
an additional prison term that the court could have imposed upon 1973
the offender under division (J)(2)(a) of this section. A sanction 1974
imposed under this division shall commence on the date specified 1975
by the court, provided that the sanction shall not commence until 1976
after the offender has served the prison term imposed for the 1977
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 1978
of the Revised Code and any residential sanction imposed for the 1979
violation under section 2929.16 of the Revised Code. A sanction 1980
imposed under this division shall be considered to be a community 1981
control sanction for purposes of section 2929.15 of the Revised 1982
Code, and all provisions of the Revised Code that pertain to 1983
community control sanctions shall apply to a sanction imposed 1984
under this division, except to the extent that they would by their 1985
nature be clearly inapplicable. The offender shall pay all costs 1986
associated with a sanction imposed under this division, including 1987
the cost of the use of the monitoring device.1988

       (K) At the time of sentencing, the court may recommend the 1989
offender for placement in a program of shock incarceration under 1990
section 5120.031 of the Revised Code or for placement in an 1991
intensive program prison under section 5120.032 of the Revised 1992
Code, disapprove placement of the offender in a program of shock 1993
incarceration or an intensive program prison of that nature, or 1994
make no recommendation on placement of the offender. In no case 1995
shall the department of rehabilitation and correction place the 1996
offender in a program or prison of that nature unless the 1997
department determines as specified in section 5120.031 or 5120.032 1998
of the Revised Code, whichever is applicable, that the offender is 1999
eligible for the placement.2000

       If the court disapproves placement of the offender in a 2001
program or prison of that nature, the department of rehabilitation 2002
and correction shall not place the offender in any program of 2003
shock incarceration or intensive program prison.2004

       If the court recommends placement of the offender in a 2005
program of shock incarceration or in an intensive program prison, 2006
and if the offender is subsequently placed in the recommended 2007
program or prison, the department shall notify the court of the 2008
placement and shall include with the notice a brief description of 2009
the placement.2010

       If the court recommends placement of the offender in a 2011
program of shock incarceration or in an intensive program prison 2012
and the department does not subsequently place the offender in the 2013
recommended program or prison, the department shall send a notice 2014
to the court indicating why the offender was not placed in the 2015
recommended program or prison.2016

       If the court does not make a recommendation under this 2017
division with respect to an offender and if the department 2018
determines as specified in section 5120.031 or 5120.032 of the 2019
Revised Code, whichever is applicable, that the offender is 2020
eligible for placement in a program or prison of that nature, the 2021
department shall screen the offender and determine if there is an 2022
available program of shock incarceration or an intensive program 2023
prison for which the offender is suited. If there is an available 2024
program of shock incarceration or an intensive program prison for 2025
which the offender is suited, the department shall notify the 2026
court of the proposed placement of the offender as specified in 2027
section 5120.031 or 5120.032 of the Revised Code and shall include 2028
with the notice a brief description of the placement. The court 2029
shall have ten days from receipt of the notice to disapprove the 2030
placement.2031

       (L) If a person is convicted of or pleads guilty to 2032
aggravated vehicular homicide in violation of division (A)(1) of 2033
section 2903.06 of the Revised Code and division (B)(2)(c) of that 2034
section applies, the person shall be sentenced pursuant to section 2035
2929.142 of the Revised Code.2036

       Sec. 2930.21.  (A) A victim of a violation of section 2905.32 2037
of the Revised Code who is a minor shall be provided with 2038
appropriate services, which may include an explanation of the 2039
victim's rights, privacy, housing, care, and age-appropriate 2040
support and rights.2041

       (B) The department of job and family services shall develop 2042
procedures for reuniting the minor with family members in the 2043
minor's country of origin or destination country whenever it is 2044
possible and safe to do so.2045

       (C) The departments of health and mental health shall develop 2046
procedures for providing special physical and mental health care 2047
tailored to the minor's needs.2048

       Sec. 2941.1422. (A) Imposition of a mandatory prison term 2049
under division (D)(7) of section 2929.14 of the Revised Code is 2050
precluded unless the offender is convicted of or pleads guilty to 2051
a felony violation of section 2905.01, 2905.02, 2905.32, 2907.21, 2052
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323, 2053
or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of 2054
the Revised Code and unless the indictment, count in the 2055
indictment, or information charging the offense specifies that the 2056
offender knowingly committed the offense in furtherance of human 2057
trafficking. The specification shall be stated at the end of the 2058
body of the indictment, count, or information and shall be stated 2059
in substantially the following form:2060

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 2061
Grand Jurors (or insert the person's or the prosecuting attorney's 2062
name when appropriate) further find and specify that (set forth 2063
that the defendant knowingly committed the offense in furtherance 2064
of human trafficking)."2065

       (B) As used in this section, "human trafficking" has the same 2066
meaning as in section 2929.01 of the Revised Code.2067

       Sec. 4113.72. (A) The director of commerce shall create a 2068
poster that provides information regarding the national human 2069
trafficking resource center hotline. The poster shall be no 2070
smaller than eight and one-half inches by eleven inches in size 2071
and shall include a statement in substantially the following form:2072

        "If you or someone you know is being forced to engage in any 2073
activity and cannot leave – whether it is commercial sex, 2074
housework, farm work, or any other activity – call the National 2075
Human Trafficking Resource Center Hotline at 1-888-373-7888 to 2076
access help and services.2077

        Victims of human trafficking are protected under U.S. and 2078
Ohio law.2079

        The toll-free Hotline is:2080

          - Available 24 hours a day, 7 days a week2081

           - Operated by a non-profit, non-governmental organization2082

          - Anonymous & confidential2083

          - Accessible in 170 languages2084

          - Able to provide help, referral to services, training, 2085
and general information."2086

        The statement shall appear on each poster in English, 2087
Spanish, and, for each county, any other language required for 2088
voting materials under section 1973aa-1a of the "Voting Rights Act 2089
of 1965," 79 Stat. 437, 42 U.S.C. 1973, as amended.2090

       (B) The director of commerce, or the appropriate regulatory 2091
authority, if any, shall provide each owner or operator of an 2092
establishment listed in division (C) of this section with notice 2093
of this section and a copy of the appropriate national human 2094
trafficking resource center hotline poster for display in each 2095
establishment. The director and each state agency having 2096
regulatory authority over any of those establishments shall make a 2097
copy of each version of the poster available for print on their 2098
respective public web sites.2099

        (C) A person who owns or operates any of the following 2100
establishments shall display conspicuously in each establishment, 2101
in a place where employees and customers, patients, or students 2102
have access, a national human trafficking resource center hotline 2103
poster created under division (A) of this section for the county 2104
in which the poster will be displayed:2105

        (1) A highway truck stop;2106

       (2) A hotel, as defined in section 3731.01 of the Revised 2107
Code;2108

        (3) An adult entertainment establishment, as defined in 2109
section 2907.39 of the Revised Code;2110

        (4) Any establishment that has a liquor permit issued under 2111
Chapter 4303. of the Revised Code, except for those establishments 2112
that also have a retail food services license or a food services 2113
operations license issued under Chapter 3717. of the Revised Code;2114

       (5) An agricultural labor camp, as defined in section 3733.41 2115
of the Revised Code;2116

       (6) A hospital or urgent care center;2117

        (7) Any public or chartered nonpublic school offering grades 2118
nine through twelve;2119

        (8) Any establishment operating as a massage parlor, massage 2120
spa, alternative health clinic, or similar entity by persons who 2121
do not hold a valid certificate from the state medical board to 2122
practice massage therapy under Chapter 4731. of the Revised Code;2123

        (9) A fair.2124

        (D) Whoever violates division (C) of this section is guilty 2125
of a misdemeanor of the fourth degree and, notwithstanding 2126
sections 2929.24 and 2929.28 of the Revised Code, is punishable by 2127
imprisonment up to ten days, a fine of up to one thousand dollars, 2128
or both.2129

        (E) As used in this section:2130

       (1) "Fair" means the annual exposition conducted by any 2131
county or independent agricultural society or the Ohio expositions 2132
commission.2133

       (2) "Highway truck stop" means a gas station with a sign that 2134
is visible from a highway, as defined in section 5501.01 of the 2135
Revised Code, that offers amenities to commercial vehicles.2136

       Sec. 5515.071. The director of transportation shall display 2137
conspicuously at each rest area within the limits of the 2138
right-of-way of interstate highways and other state highways a 2139
national human trafficking resource center hotline poster created 2140
under division (A) of section 4113.72 of the Revised Code for the 2141
county in which the poster will be displayed. 2142

       Section 2.  That existing sections 109.73, 2901.13, 2905.01, 2143
2905.02, 2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and 2144
2941.1422 of the Revised Code are hereby repealed.2145

       Section 3. The General Assembly, applying the principle 2146
stated in division (B) of section 1.52 of the Revised Code that 2147
amendments are to be harmonized if reasonably capable of 2148
simultaneous operation, finds that the following sections, 2149
presented in this act as composites of the sections as amended by 2150
the acts indicated, are the resulting versions of the sections in 2151
effect prior to the effective date of the sections as presented in 2152
this act:2153

       Section 2901.13 of the Revised Code as amended by both Sub. 2154
H.B. 46 and S.B. 219 of the 127th General Assembly.2155

       Sections 2929.01 and 2929.14 of the Revised Code as amended 2156
by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th 2157
General Assembly.2158

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