Bill Text: OH HB508 | 2013-2014 | 130th General Assembly | Engrossed

Bill Title: To expand the offense of murder to also prohibit causing the death of another as a proximate result of providing the person with a controlled substance or controlled substance analog when the death is caused by the use of that controlled substance or controlled substance analog and to provide special life sentences for a violation of the prohibition.

Spectrum: Partisan Bill (Republican 26-1)

Status: (Engrossed - Dead) 2014-12-09 - To Criminal Justice [HB508 Detail]

Download: Ohio-2013-HB508-Engrossed.html
As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 508


Representative Butler 

Cosponsors: Representatives Smith, Becker, Terhar, Derickson, Hood, Stebelton, Johnson, Blessing, Wachtmann, Adams, R., Amstutz, Barborak, Boose, Buchy, Burkley, Conditt, Huffman, Lynch, Maag, Perales, Ruhl, Scherer, Schuring, Sprague, Young Speaker Batchelder 

A BILL
To amend sections 2903.02, 2929.02, 2929.14, 1
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 2
of the Revised Code to expand the offense of 3
murder to also prohibit causing the death of 4
another as a proximate result of providing the 5
person with a controlled substance or controlled 6
substance analog when the death is caused by the 7
use of that controlled substance or controlled 8
substance analog and to provide special life 9
sentences for a violation of the prohibition.10


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

       Section 1. That sections 2903.02, 2929.02, 2929.14, 2941.148, 11
2967.13, 2971.03, 2971.07, and 5120.61 of the Revised Code be 12
amended to read as follows:13

       Sec. 2903.02.  (A) No person shall purposely cause the death 14
of another or the unlawful termination of another's pregnancy.15

       (B) No person shall cause the death of another as a proximate 16
result of the offender's committing or attempting to commit an 17
offense of violence that is a felony of the first or second degree 18
and that is not a violation of section 2903.03 or 2903.04 of the 19
Revised Code.20

       (C) No person shall cause the death of another who is 21
eighteen years of age or older as a proximate result of the 22
offender's providing the other person with a controlled substance 23
or a controlled substance analog in violation of any section of 24
Chapter 2925. of the Revised Code.25

       (D) No person shall cause the death of another who is under 26
eighteen years of age as a proximate result of the offender's 27
providing the other person with a controlled substance or a 28
controlled substance analog in violation of any section of Chapter 29
2925. of the Revised Code.30

       (E)(1) Division (B) of this section does not apply to an 31
offense that becomes a felony of the first or second degree only 32
if the offender previously has been convicted of that offense or 33
another specified offense.34

       (D)(2) For purposes of divisions (C) and (D) of this section, 35
a person who provides another person with a controlled substance 36
or controlled substance analog in violation of any section of 37
Chapter 2925. of the Revised Code "causes the death of the other 38
person as a proximate result of providing the other person with 39
the controlled substance or controlled substance analog" if the 40
other person died as a result of either of the following:41

       (a) The use of that controlled substance or controlled 42
substance analog;43

       (b) The use of that controlled substance or controlled 44
substance analog combined with one or more other controlled 45
substances or controlled substance analogs, with alcohol, or with 46
one or more other controlled substances or controlled substance 47
analogs and alcohol.48

       (F) Whoever violates this section is guilty of murder, and 49
shall be punished as provided in section 2929.02 of the Revised 50
Code.51

       Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty 52
to aggravated murder in violation of section 2903.01 of the 53
Revised Code shall suffer death or be imprisoned for life, as 54
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of 55
the Revised Code, except that no person who raises the matter of 56
age pursuant to section 2929.023 of the Revised Code and who is 57
not found to have been eighteen years of age or older at the time 58
of the commission of the offense shall suffer death. In addition, 59
the offender may be fined an amount fixed by the court, but not 60
more than twenty-five thousand dollars.61

       (B)(1) Except as otherwise provided in division (B)(2) or,62
(3), (4), or (5) of this section, whoever is convicted of or 63
pleads guilty to murder in violation of section 2903.02 of the 64
Revised Code shall be imprisoned for an indefinite term of fifteen 65
years to life.66

       (2) Except as otherwise provided in division (B)(3) or (5) of 67
this section, if a person is convicted of or pleads guilty to 68
murder in violation of division (C) of section 2903.02 of the 69
Revised Code, the court shall impose upon the offender a sentence 70
of life imprisonment with parole eligibility after serving twenty 71
years of imprisonment or life imprisonment with parole eligibility 72
after serving twenty-five full years of imprisonment.73

       (3) Except as otherwise provided in division (B)(3)(4) or (5)74
of this section, if a person is convicted of or pleads guilty to 75
murder in violation of section 2903.02 of the Revised Code, the 76
victim of the offense was less than thirteen years of age, and the 77
offender also is convicted of or pleads guilty to a sexual 78
motivation specification that was included in the indictment, 79
count in the indictment, or information charging the offense, the 80
court shall impose an indefinite prison term of thirty years to 81
life pursuant to division (B)(3) of section 2971.03 of the Revised 82
Code.83

       (3)(4) Except as otherwise provided in division (B)(5) of 84
this section, if a person is convicted of or pleads guilty to 85
murder in violation of division (D) of section 2903.02 of the 86
Revised Code, the court shall impose upon the offender a sentence 87
of life imprisonment with parole eligibility after serving thirty 88
years of imprisonment or life imprisonment without parole.89

       (5) If a person is convicted of or pleads guilty to murder in 90
violation of section 2903.02 of the Revised Code and also is 91
convicted of or pleads guilty to a sexual motivation specification 92
and a sexually violent predator specification that were included 93
in the indictment, count in the indictment, or information that 94
charged the murder, the court shall impose upon the offender a 95
term of life imprisonment without parole that shall be served 96
pursuant to section 2971.03 of the Revised Code. 97

       (4)(6) In addition to the term of imprisonment imposed under 98
division (B)(1), (2), (3), (4), or (5) of this section, the 99
offender may be fined an amount fixed by the court, but not more 100
than fifteen thousand dollars.101

       (C) The court shall not impose a fine or fines for aggravated 102
murder or murder which, in the aggregate and to the extent not 103
suspended by the court, exceeds the amount which the offender is 104
or will be able to pay by the method and within the time allowed 105
without undue hardship to the offender or to the dependents of the 106
offender, or will prevent the offender from making reparation for 107
the victim's wrongful death.108

       (D)(1) In addition to any other sanctions imposed for a 109
violation of section 2903.01 or 2903.02 of the Revised Code, if 110
the offender used a motor vehicle as the means to commit the 111
violation, the court shall impose upon the offender a class two 112
suspension of the offender's driver's license, commercial driver's 113
license, temporary instruction permit, probationary license, or 114
nonresident operating privilege as specified in division (A)(2) of 115
section 4510.02 of the Revised Code.116

       (2) As used in division (D) of this section, "motor vehicle" 117
has the same meaning as in section 4501.01 of the Revised Code.118

       Sec. 2929.14.  (A) Except as provided in division (B)(1), 119
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), 120
(H), or (J) of this section or in division (D)(6) of section 121
2919.25 of the Revised Code and except in relation to an offense 122
for which a sentence of death or life imprisonment is to be 123
imposed, if the court imposing a sentence upon an offender for a 124
felony elects or is required to impose a prison term on the 125
offender pursuant to this chapter, the court shall impose a 126
definite prison term that shall be one of the following:127

       (1) For a felony of the first degree, the prison term shall 128
be three, four, five, six, seven, eight, nine, ten, or eleven 129
years.130

       (2) For a felony of the second degree, the prison term shall 131
be two, three, four, five, six, seven, or eight years.132

       (3)(a) For a felony of the third degree that is a violation 133
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the 134
Revised Code or that is a violation of section 2911.02 or 2911.12 135
of the Revised Code if the offender previously has been convicted 136
of or pleaded guilty in two or more separate proceedings to two or 137
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 138
of the Revised Code, the prison term shall be twelve, eighteen, 139
twenty-four, thirty, thirty-six, forty-two, forty-eight, 140
fifty-four, or sixty months.141

       (b) For a felony of the third degree that is not an offense 142
for which division (A)(3)(a) of this section applies, the prison 143
term shall be nine, twelve, eighteen, twenty-four, thirty, or 144
thirty-six months.145

       (4) For a felony of the fourth degree, the prison term shall 146
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 147
fourteen, fifteen, sixteen, seventeen, or eighteen months.148

       (5) For a felony of the fifth degree, the prison term shall 149
be six, seven, eight, nine, ten, eleven, or twelve months.150

       (B)(1)(a) Except as provided in division (B)(1)(e) of this 151
section, if an offender who is convicted of or pleads guilty to a 152
felony also is convicted of or pleads guilty to a specification of 153
the type described in section 2941.141, 2941.144, or 2941.145 of 154
the Revised Code, the court shall impose on the offender one of 155
the following prison terms:156

       (i) A prison term of six years if the specification is of the 157
type described in section 2941.144 of the Revised Code that 158
charges the offender with having a firearm that is an automatic 159
firearm or that was equipped with a firearm muffler or silencer on 160
or about the offender's person or under the offender's control 161
while committing the felony;162

       (ii) A prison term of three years if the specification is of 163
the type described in section 2941.145 of the Revised Code that 164
charges the offender with having a firearm on or about the 165
offender's person or under the offender's control while committing 166
the offense and displaying the firearm, brandishing the firearm, 167
indicating that the offender possessed the firearm, or using it to 168
facilitate the offense;169

       (iii) A prison term of one year if the specification is of 170
the type described in section 2941.141 of the Revised Code that 171
charges the offender with having a firearm on or about the 172
offender's person or under the offender's control while committing 173
the felony.174

       (b) If a court imposes a prison term on an offender under 175
division (B)(1)(a) of this section, the prison term shall not be 176
reduced pursuant to section 2967.19, section 2929.20, section 177
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 178
of the Revised Code. Except as provided in division (B)(1)(g) of 179
this section, a court shall not impose more than one prison term 180
on an offender under division (B)(1)(a) of this section for 181
felonies committed as part of the same act or transaction.182

       (c) Except as provided in division (B)(1)(e) of this section, 183
if an offender who is convicted of or pleads guilty to a violation 184
of section 2923.161 of the Revised Code or to a felony that 185
includes, as an essential element, purposely or knowingly causing 186
or attempting to cause the death of or physical harm to another, 187
also is convicted of or pleads guilty to a specification of the 188
type described in section 2941.146 of the Revised Code that 189
charges the offender with committing the offense by discharging a 190
firearm from a motor vehicle other than a manufactured home, the 191
court, after imposing a prison term on the offender for the 192
violation of section 2923.161 of the Revised Code or for the other 193
felony offense under division (A), (B)(2), or (B)(3) of this 194
section, shall impose an additional prison term of five years upon 195
the offender that shall not be reduced pursuant to section 196
2929.20, section 2967.19, section 2967.193, or any other provision 197
of Chapter 2967. or Chapter 5120. of the Revised Code. A court 198
shall not impose more than one additional prison term on an 199
offender under division (B)(1)(c) of this section for felonies 200
committed as part of the same act or transaction. If a court 201
imposes an additional prison term on an offender under division 202
(B)(1)(c) of this section relative to an offense, the court also 203
shall impose a prison term under division (B)(1)(a) of this 204
section relative to the same offense, provided the criteria 205
specified in that division for imposing an additional prison term 206
are satisfied relative to the offender and the offense.207

       (d) If an offender who is convicted of or pleads guilty to an 208
offense of violence that is a felony also is convicted of or 209
pleads guilty to a specification of the type described in section 210
2941.1411 of the Revised Code that charges the offender with 211
wearing or carrying body armor while committing the felony offense 212
of violence, the court shall impose on the offender a prison term 213
of two years. The prison term so imposed, subject to divisions (C) 214
to (I) of section 2967.19 of the Revised Code, shall not be 215
reduced pursuant to section 2929.20, section 2967.19, section 216
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 217
of the Revised Code. A court shall not impose more than one prison 218
term on an offender under division (B)(1)(d) of this section for 219
felonies committed as part of the same act or transaction. If a 220
court imposes an additional prison term under division (B)(1)(a) 221
or (c) of this section, the court is not precluded from imposing 222
an additional prison term under division (B)(1)(d) of this 223
section.224

       (e) The court shall not impose any of the prison terms 225
described in division (B)(1)(a) of this section or any of the 226
additional prison terms described in division (B)(1)(c) of this 227
section upon an offender for a violation of section 2923.12 or 228
2923.123 of the Revised Code. The court shall not impose any of 229
the prison terms described in division (B)(1)(a) or (b) of this 230
section upon an offender for a violation of section 2923.122 that 231
involves a deadly weapon that is a firearm other than a dangerous 232
ordnance, section 2923.16, or section 2923.121 of the Revised 233
Code. The court shall not impose any of the prison terms described 234
in division (B)(1)(a) of this section or any of the additional 235
prison terms described in division (B)(1)(c) of this section upon 236
an offender for a violation of section 2923.13 of the Revised Code 237
unless all of the following apply:238

       (i) The offender previously has been convicted of aggravated 239
murder, murder, or any felony of the first or second degree.240

       (ii) Less than five years have passed since the offender was 241
released from prison or post-release control, whichever is later, 242
for the prior offense.243

        (f) If an offender is convicted of or pleads guilty to a 244
felony that includes, as an essential element, causing or 245
attempting to cause the death of or physical harm to another and 246
also is convicted of or pleads guilty to a specification of the 247
type described in section 2941.1412 of the Revised Code that 248
charges the offender with committing the offense by discharging a 249
firearm at a peace officer as defined in section 2935.01 of the 250
Revised Code or a corrections officer, as defined in section 251
2941.1412 of the Revised Code, the court, after imposing a prison 252
term on the offender for the felony offense under division (A), 253
(B)(2), or (B)(3) of this section, shall impose an additional 254
prison term of seven years upon the offender that shall not be 255
reduced pursuant to section 2929.20, section 2967.19, section 256
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 257
of the Revised Code. If an offender is convicted of or pleads 258
guilty to two or more felonies that include, as an essential 259
element, causing or attempting to cause the death or physical harm 260
to another and also is convicted of or pleads guilty to a 261
specification of the type described under division (B)(1)(f) of 262
this section in connection with two or more of the felonies of 263
which the offender is convicted or to which the offender pleads 264
guilty, the sentencing court shall impose on the offender the 265
prison term specified under division (B)(1)(f) of this section for 266
each of two of the specifications of which the offender is 267
convicted or to which the offender pleads guilty and, in its 268
discretion, also may impose on the offender the prison term 269
specified under that division for any or all of the remaining 270
specifications. If a court imposes an additional prison term on an 271
offender under division (B)(1)(f) of this section relative to an 272
offense, the court shall not impose a prison term under division 273
(B)(1)(a) or (c) of this section relative to the same offense.274

       (g) If an offender is convicted of or pleads guilty to two or 275
more felonies, if one or more of those felonies are aggravated 276
murder, murder, attempted aggravated murder, attempted murder, 277
aggravated robbery, felonious assault, or rape, and if the 278
offender is convicted of or pleads guilty to a specification of 279
the type described under division (B)(1)(a) of this section in 280
connection with two or more of the felonies, the sentencing court 281
shall impose on the offender the prison term specified under 282
division (B)(1)(a) of this section for each of the two most 283
serious specifications of which the offender is convicted or to 284
which the offender pleads guilty and, in its discretion, also may 285
impose on the offender the prison term specified under that 286
division for any or all of the remaining specifications.287

       (2)(a) If division (B)(2)(b) of this section does not apply, 288
the court may impose on an offender, in addition to the longest 289
prison term authorized or required for the offense, an additional 290
definite prison term of one, two, three, four, five, six, seven, 291
eight, nine, or ten years if all of the following criteria are 292
met:293

       (i) The offender is convicted of or pleads guilty to a 294
specification of the type described in section 2941.149 of the 295
Revised Code that the offender is a repeat violent offender.296

       (ii) The offense of which the offender currently is convicted 297
or to which the offender currently pleads guilty is aggravated 298
murder and the court does not impose a sentence of death or life 299
imprisonment without parole, murder and the court does not impose 300
a sentence of life imprisonment without parole, terrorism and the 301
court does not impose a sentence of life imprisonment without 302
parole, any felony of the first degree that is an offense of 303
violence and the court does not impose a sentence of life 304
imprisonment without parole, or any felony of the second degree 305
that is an offense of violence and the trier of fact finds that 306
the offense involved an attempt to cause or a threat to cause 307
serious physical harm to a person or resulted in serious physical 308
harm to a person.309

       (iii) The court imposes the longest prison term for the 310
offense that is not life imprisonment without parole.311

       (iv) The court finds that the prison terms imposed pursuant 312
to division (B)(2)(a)(iii) of this section and, if applicable, 313
division (B)(1) or (3) of this section are inadequate to punish 314
the offender and protect the public from future crime, because the 315
applicable factors under section 2929.12 of the Revised Code 316
indicating a greater likelihood of recidivism outweigh the 317
applicable factors under that section indicating a lesser 318
likelihood of recidivism.319

       (v) The court finds that the prison terms imposed pursuant to 320
division (B)(2)(a)(iii) of this section and, if applicable, 321
division (B)(1) or (3) of this section are demeaning to the 322
seriousness of the offense, because one or more of the factors 323
under section 2929.12 of the Revised Code indicating that the 324
offender's conduct is more serious than conduct normally 325
constituting the offense are present, and they outweigh the 326
applicable factors under that section indicating that the 327
offender's conduct is less serious than conduct normally 328
constituting the offense.329

       (b) The court shall impose on an offender the longest prison 330
term authorized or required for the offense and shall impose on 331
the offender an additional definite prison term of one, two, 332
three, four, five, six, seven, eight, nine, or ten years if all of 333
the following criteria are met:334

       (i) The offender is convicted of or pleads guilty to a 335
specification of the type described in section 2941.149 of the 336
Revised Code that the offender is a repeat violent offender.337

       (ii) The offender within the preceding twenty years has been 338
convicted of or pleaded guilty to three or more offenses described 339
in division (CC)(1) of section 2929.01 of the Revised Code, 340
including all offenses described in that division of which the 341
offender is convicted or to which the offender pleads guilty in 342
the current prosecution and all offenses described in that 343
division of which the offender previously has been convicted or to 344
which the offender previously pleaded guilty, whether prosecuted 345
together or separately.346

       (iii) The offense or offenses of which the offender currently 347
is convicted or to which the offender currently pleads guilty is 348
aggravated murder and the court does not impose a sentence of 349
death or life imprisonment without parole, murder and the court 350
does not impose a sentence of life imprisonment without parole, 351
terrorism and the court does not impose a sentence of life 352
imprisonment without parole, any felony of the first degree that 353
is an offense of violence and the court does not impose a sentence 354
of life imprisonment without parole, or any felony of the second 355
degree that is an offense of violence and the trier of fact finds 356
that the offense involved an attempt to cause or a threat to cause 357
serious physical harm to a person or resulted in serious physical 358
harm to a person.359

       (c) For purposes of division (B)(2)(b) of this section, two 360
or more offenses committed at the same time or as part of the same 361
act or event shall be considered one offense, and that one offense 362
shall be the offense with the greatest penalty.363

       (d) A sentence imposed under division (B)(2)(a) or (b) of 364
this section shall not be reduced pursuant to section 2929.20, 365
section 2967.19, or section 2967.193, or any other provision of 366
Chapter 2967. or Chapter 5120. of the Revised Code. The offender 367
shall serve an additional prison term imposed under this section 368
consecutively to and prior to the prison term imposed for the 369
underlying offense.370

       (e) When imposing a sentence pursuant to division (B)(2)(a) 371
or (b) of this section, the court shall state its findings 372
explaining the imposed sentence.373

       (3) Except when an offender commits a violation of section 374
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 375
the violation is life imprisonment or commits a violation of 376
section 2903.02 of the Revised Code, if the offender commits a 377
violation of section 2925.03 or 2925.11 of the Revised Code and 378
that section classifies the offender as a major drug offender, if 379
the offender commits a felony violation of section 2925.02, 380
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 381
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 382
division (C) of section 4729.51, or division (J) of section 383
4729.54 of the Revised Code that includes the sale, offer to sell, 384
or possession of a schedule I or II controlled substance, with the 385
exception of marihuana, and the court imposing sentence upon the 386
offender finds that the offender is guilty of a specification of 387
the type described in section 2941.1410 of the Revised Code 388
charging that the offender is a major drug offender, if the court 389
imposing sentence upon an offender for a felony finds that the 390
offender is guilty of corrupt activity with the most serious 391
offense in the pattern of corrupt activity being a felony of the 392
first degree, or if the offender is guilty of an attempted 393
violation of section 2907.02 of the Revised Code and, had the 394
offender completed the violation of section 2907.02 of the Revised 395
Code that was attempted, the offender would have been subject to a 396
sentence of life imprisonment or life imprisonment without parole 397
for the violation of section 2907.02 of the Revised Code, the 398
court shall impose upon the offender for the felony violation a 399
mandatory prison term of the maximum prison term prescribed for a 400
felony of the first degree that, subject to divisions (C) to (I) 401
of section 2967.19 of the Revised Code, cannot be reduced pursuant 402
to section 2929.20, section 2967.19, or any other provision of 403
Chapter 2967. or 5120. of the Revised Code.404

       (4) If the offender is being sentenced for a third or fourth 405
degree felony OVI offense under division (G)(2) of section 2929.13 406
of the Revised Code, the sentencing court shall impose upon the 407
offender a mandatory prison term in accordance with that division. 408
In addition to the mandatory prison term, if the offender is being 409
sentenced for a fourth degree felony OVI offense, the court, 410
notwithstanding division (A)(4) of this section, may sentence the 411
offender to a definite prison term of not less than six months and 412
not more than thirty months, and if the offender is being 413
sentenced for a third degree felony OVI offense, the sentencing 414
court may sentence the offender to an additional prison term of 415
any duration specified in division (A)(3) of this section. In 416
either case, the additional prison term imposed shall be reduced 417
by the sixty or one hundred twenty days imposed upon the offender 418
as the mandatory prison term. The total of the additional prison 419
term imposed under division (B)(4) of this section plus the sixty 420
or one hundred twenty days imposed as the mandatory prison term 421
shall equal a definite term in the range of six months to thirty 422
months for a fourth degree felony OVI offense and shall equal one 423
of the authorized prison terms specified in division (A)(3) of 424
this section for a third degree felony OVI offense. If the court 425
imposes an additional prison term under division (B)(4) of this 426
section, the offender shall serve the additional prison term after 427
the offender has served the mandatory prison term required for the 428
offense. In addition to the mandatory prison term or mandatory and 429
additional prison term imposed as described in division (B)(4) of 430
this section, the court also may sentence the offender to a 431
community control sanction under section 2929.16 or 2929.17 of the 432
Revised Code, but the offender shall serve all of the prison terms 433
so imposed prior to serving the community control sanction.434

        If the offender is being sentenced for a fourth degree felony 435
OVI offense under division (G)(1) of section 2929.13 of the 436
Revised Code and the court imposes a mandatory term of local 437
incarceration, the court may impose a prison term as described in 438
division (A)(1) of that section.439

       (5) If an offender is convicted of or pleads guilty to a 440
violation of division (A)(1) or (2) of section 2903.06 of the 441
Revised Code and also is convicted of or pleads guilty to a 442
specification of the type described in section 2941.1414 of the 443
Revised Code that charges that the victim of the offense is a 444
peace officer, as defined in section 2935.01 of the Revised Code, 445
or an investigator of the bureau of criminal identification and 446
investigation, as defined in section 2903.11 of the Revised Code, 447
the court shall impose on the offender a prison term of five 448
years. If a court imposes a prison term on an offender under 449
division (B)(5) of this section, the prison term, subject to 450
divisions (C) to (I) of section 2967.19 of the Revised Code, shall 451
not be reduced pursuant to section 2929.20, section 2967.19, 452
section 2967.193, or any other provision of Chapter 2967. or 453
Chapter 5120. of the Revised Code. A court shall not impose more 454
than one prison term on an offender under division (B)(5) of this 455
section for felonies committed as part of the same act.456

        (6) If an offender is convicted of or pleads guilty to a 457
violation of division (A)(1) or (2) of section 2903.06 of the 458
Revised Code and also is convicted of or pleads guilty to a 459
specification of the type described in section 2941.1415 of the 460
Revised Code that charges that the offender previously has been 461
convicted of or pleaded guilty to three or more violations of 462
division (A) or (B) of section 4511.19 of the Revised Code or an 463
equivalent offense, as defined in section 2941.1415 of the Revised 464
Code, or three or more violations of any combination of those 465
divisions and offenses, the court shall impose on the offender a 466
prison term of three years. If a court imposes a prison term on an 467
offender under division (B)(6) of this section, the prison term, 468
subject to divisions (C) to (I) of section 2967.19 of the Revised 469
Code, shall not be reduced pursuant to section 2929.20, section 470
2967.19, section 2967.193, or any other provision of Chapter 2967. 471
or Chapter 5120. of the Revised Code. A court shall not impose 472
more than one prison term on an offender under division (B)(6) of 473
this section for felonies committed as part of the same act.474

       (7)(a) If an offender is convicted of or pleads guilty to a 475
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 476
2923.32, division (A)(1) or (2) of section 2907.323, or division 477
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised 478
Code and also is convicted of or pleads guilty to a specification 479
of the type described in section 2941.1422 of the Revised Code 480
that charges that the offender knowingly committed the offense in 481
furtherance of human trafficking, the court shall impose on the 482
offender a mandatory prison term that is one of the following:483

       (i) If the offense is a felony of the first degree, a 484
definite prison term of not less than five years and not greater 485
than ten years;486

       (ii) If the offense is a felony of the second or third 487
degree, a definite prison term of not less than three years and 488
not greater than the maximum prison term allowed for the offense 489
by division (A) of section 2929.14 of the Revised Code;490

       (iii) If the offense is a felony of the fourth or fifth 491
degree, a definite prison term that is the maximum prison term 492
allowed for the offense by division (A) of section 2929.14 of the 493
Revised Code.494

       (b) Subject to divisions (C) to (I) of section 2967.19 of the 495
Revised Code, the prison term imposed under division (B)(7)(a) of 496
this section shall not be reduced pursuant to section 2929.20, 497
section 2967.19, section 2967.193, or any other provision of 498
Chapter 2967. of the Revised Code. A court shall not impose more 499
than one prison term on an offender under division (B)(7)(a) of 500
this section for felonies committed as part of the same act, 501
scheme, or plan.502

       (8) If an offender is convicted of or pleads guilty to a 503
felony violation of section 2903.11, 2903.12, or 2903.13 of the 504
Revised Code and also is convicted of or pleads guilty to a 505
specification of the type described in section 2941.1423 of the 506
Revised Code that charges that the victim of the violation was a 507
woman whom the offender knew was pregnant at the time of the 508
violation, notwithstanding the range of prison terms prescribed in 509
division (A) of this section for felonies of the same degree as 510
the violation, the court shall impose on the offender a mandatory 511
prison term that is either a definite prison term of six months or 512
one of the prison terms prescribed in section 2929.14 of the 513
Revised Code for felonies of the same degree as the violation.514

       (C)(1)(a) Subject to division (C)(1)(b) of this section, if a 515
mandatory prison term is imposed upon an offender pursuant to 516
division (B)(1)(a) of this section for having a firearm on or 517
about the offender's person or under the offender's control while 518
committing a felony, if a mandatory prison term is imposed upon an 519
offender pursuant to division (B)(1)(c) of this section for 520
committing a felony specified in that division by discharging a 521
firearm from a motor vehicle, or if both types of mandatory prison 522
terms are imposed, the offender shall serve any mandatory prison 523
term imposed under either division consecutively to any other 524
mandatory prison term imposed under either division or under 525
division (B)(1)(d) of this section, consecutively to and prior to 526
any prison term imposed for the underlying felony pursuant to 527
division (A), (B)(2), or (B)(3) of this section or any other 528
section of the Revised Code, and consecutively to any other prison 529
term or mandatory prison term previously or subsequently imposed 530
upon the offender.531

       (b) If a mandatory prison term is imposed upon an offender 532
pursuant to division (B)(1)(d) of this section for wearing or 533
carrying body armor while committing an offense of violence that 534
is a felony, the offender shall serve the mandatory term so 535
imposed consecutively to any other mandatory prison term imposed 536
under that division or under division (B)(1)(a) or (c) of this 537
section, consecutively to and prior to any prison term imposed for 538
the underlying felony under division (A), (B)(2), or (B)(3) of 539
this section or any other section of the Revised Code, and 540
consecutively to any other prison term or mandatory prison term 541
previously or subsequently imposed upon the offender.542

       (c) If a mandatory prison term is imposed upon an offender 543
pursuant to division (B)(1)(f) of this section, the offender shall 544
serve the mandatory prison term so imposed consecutively to and 545
prior to any prison term imposed for the underlying felony under 546
division (A), (B)(2), or (B)(3) of this section or any other 547
section of the Revised Code, and consecutively to any other prison 548
term or mandatory prison term previously or subsequently imposed 549
upon the offender.550

       (d) If a mandatory prison term is imposed upon an offender 551
pursuant to division (B)(7) or (8) of this section, the offender 552
shall serve the mandatory prison term so imposed consecutively to 553
any other mandatory prison term imposed under that division or 554
under any other provision of law and consecutively to any other 555
prison term or mandatory prison term previously or subsequently 556
imposed upon the offender.557

       (2) If an offender who is an inmate in a jail, prison, or 558
other residential detention facility violates section 2917.02, 559
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) 560
of section 2921.34 of the Revised Code, if an offender who is 561
under detention at a detention facility commits a felony violation 562
of section 2923.131 of the Revised Code, or if an offender who is 563
an inmate in a jail, prison, or other residential detention 564
facility or is under detention at a detention facility commits 565
another felony while the offender is an escapee in violation of 566
division (A)(1) or (2) of section 2921.34 of the Revised Code, any 567
prison term imposed upon the offender for one of those violations 568
shall be served by the offender consecutively to the prison term 569
or term of imprisonment the offender was serving when the offender 570
committed that offense and to any other prison term previously or 571
subsequently imposed upon the offender.572

       (3) If a prison term is imposed for a violation of division 573
(B) of section 2911.01 of the Revised Code, a violation of 574
division (A) of section 2913.02 of the Revised Code in which the 575
stolen property is a firearm or dangerous ordnance, or a felony 576
violation of division (B) of section 2921.331 of the Revised Code, 577
the offender shall serve that prison term consecutively to any 578
other prison term or mandatory prison term previously or 579
subsequently imposed upon the offender.580

       (4) If multiple prison terms are imposed on an offender for 581
convictions of multiple offenses, the court may require the 582
offender to serve the prison terms consecutively if the court 583
finds that the consecutive service is necessary to protect the 584
public from future crime or to punish the offender and that 585
consecutive sentences are not disproportionate to the seriousness 586
of the offender's conduct and to the danger the offender poses to 587
the public, and if the court also finds any of the following:588

       (a) The offender committed one or more of the multiple 589
offenses while the offender was awaiting trial or sentencing, was 590
under a sanction imposed pursuant to section 2929.16, 2929.17, or 591
2929.18 of the Revised Code, or was under post-release control for 592
a prior offense. 593

       (b) At least two of the multiple offenses were committed as 594
part of one or more courses of conduct, and the harm caused by two 595
or more of the multiple offenses so committed was so great or 596
unusual that no single prison term for any of the offenses 597
committed as part of any of the courses of conduct adequately 598
reflects the seriousness of the offender's conduct. 599

       (c) The offender's history of criminal conduct demonstrates 600
that consecutive sentences are necessary to protect the public 601
from future crime by the offender. 602

       (5) If a mandatory prison term is imposed upon an offender 603
pursuant to division (B)(5) or (6) of this section, the offender 604
shall serve the mandatory prison term consecutively to and prior 605
to any prison term imposed for the underlying violation of 606
division (A)(1) or (2) of section 2903.06 of the Revised Code 607
pursuant to division (A) of this section or section 2929.142 of 608
the Revised Code. If a mandatory prison term is imposed upon an 609
offender pursuant to division (B)(5) of this section, and if a 610
mandatory prison term also is imposed upon the offender pursuant 611
to division (B)(6) of this section in relation to the same 612
violation, the offender shall serve the mandatory prison term 613
imposed pursuant to division (B)(5) of this section consecutively 614
to and prior to the mandatory prison term imposed pursuant to 615
division (B)(6) of this section and consecutively to and prior to 616
any prison term imposed for the underlying violation of division 617
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 618
division (A) of this section or section 2929.142 of the Revised 619
Code.620

       (6) When consecutive prison terms are imposed pursuant to 621
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) 622
of this section, the term to be served is the aggregate of all of 623
the terms so imposed.624

       (D)(1) If a court imposes a prison term for a felony of the 625
first degree, for a felony of the second degree, for a felony sex 626
offense, or for a felony of the third degree that is not a felony 627
sex offense and in the commission of which the offender caused or 628
threatened to cause physical harm to a person, it shall include in 629
the sentence a requirement that the offender be subject to a 630
period of post-release control after the offender's release from 631
imprisonment, in accordance with that division. If a court imposes 632
a sentence including a prison term of a type described in this 633
division on or after July 11, 2006, the failure of a court to 634
include a post-release control requirement in the sentence 635
pursuant to this division does not negate, limit, or otherwise 636
affect the mandatory period of post-release control that is 637
required for the offender under division (B) of section 2967.28 of 638
the Revised Code. Section 2929.191 of the Revised Code applies if, 639
prior to July 11, 2006, a court imposed a sentence including a 640
prison term of a type described in this division and failed to 641
include in the sentence pursuant to this division a statement 642
regarding post-release control.643

       (2) If a court imposes a prison term for a felony of the 644
third, fourth, or fifth degree that is not subject to division 645
(D)(1) of this section, it shall include in the sentence a 646
requirement that the offender be subject to a period of 647
post-release control after the offender's release from 648
imprisonment, in accordance with that division, if the parole 649
board determines that a period of post-release control is 650
necessary. Section 2929.191 of the Revised Code applies if, prior 651
to July 11, 2006, a court imposed a sentence including a prison 652
term of a type described in this division and failed to include in 653
the sentence pursuant to this division a statement regarding 654
post-release control.655

       (E) The court shall impose sentence upon the offender in 656
accordance with section 2971.03 of the Revised Code, and Chapter 657
2971. of the Revised Code applies regarding the prison term or 658
term of life imprisonment without parole imposed upon the offender 659
and the service of that term of imprisonment if any of the 660
following apply:661

       (1) A person is convicted of or pleads guilty to a violent 662
sex offense or a designated homicide, assault, or kidnapping 663
offense, and, in relation to that offense, the offender is 664
adjudicated a sexually violent predator.665

       (2) A person is convicted of or pleads guilty to a violation 666
of division (A)(1)(b) of section 2907.02 of the Revised Code 667
committed on or after January 2, 2007, and either the court does 668
not impose a sentence of life without parole when authorized 669
pursuant to division (B) of section 2907.02 of the Revised Code, 670
or division (B) of section 2907.02 of the Revised Code provides 671
that the court shall not sentence the offender pursuant to section 672
2971.03 of the Revised Code.673

       (3) A person is convicted of or pleads guilty to attempted 674
rape committed on or after January 2, 2007, and a specification of 675
the type described in section 2941.1418, 2941.1419, or 2941.1420 676
of the Revised Code.677

       (4) A person is convicted of or pleads guilty to a violation 678
of section 2905.01 of the Revised Code committed on or after 679
January 1, 2008, and that section requires the court to sentence 680
the offender pursuant to section 2971.03 of the Revised Code.681

        (5) A person is convicted of or pleads guilty to aggravated 682
murder committed on or after January 1, 2008, and division 683
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 684
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 685
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 686
2929.06 of the Revised Code requires the court to sentence the 687
offender pursuant to division (B)(3) of section 2971.03 of the 688
Revised Code.689

        (6) A person is convicted of or pleads guilty to murder 690
committed on or after January 1, 2008, and division (B)(2)(3) of 691
section 2929.02 of the Revised Code requires the court to sentence 692
the offender pursuant to section 2971.03 of the Revised Code.693

       (F) If a person who has been convicted of or pleaded guilty 694
to a felony is sentenced to a prison term or term of imprisonment 695
under this section, sections 2929.02 to 2929.06 of the Revised 696
Code, section 2929.142 of the Revised Code, section 2971.03 of the 697
Revised Code, or any other provision of law, section 5120.163 of 698
the Revised Code applies regarding the person while the person is 699
confined in a state correctional institution.700

       (G) If an offender who is convicted of or pleads guilty to a 701
felony that is an offense of violence also is convicted of or 702
pleads guilty to a specification of the type described in section 703
2941.142 of the Revised Code that charges the offender with having 704
committed the felony while participating in a criminal gang, the 705
court shall impose upon the offender an additional prison term of 706
one, two, or three years.707

       (H)(1) If an offender who is convicted of or pleads guilty to 708
aggravated murder, murder, or a felony of the first, second, or 709
third degree that is an offense of violence also is convicted of 710
or pleads guilty to a specification of the type described in 711
section 2941.143 of the Revised Code that charges the offender 712
with having committed the offense in a school safety zone or 713
towards a person in a school safety zone, the court shall impose 714
upon the offender an additional prison term of two years. The 715
offender shall serve the additional two years consecutively to and 716
prior to the prison term imposed for the underlying offense.717

       (2)(a) If an offender is convicted of or pleads guilty to a 718
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 719
of the Revised Code and to a specification of the type described 720
in section 2941.1421 of the Revised Code and if the court imposes 721
a prison term on the offender for the felony violation, the court 722
may impose upon the offender an additional prison term as follows:723

       (i) Subject to division (H)(2)(a)(ii) of this section, an 724
additional prison term of one, two, three, four, five, or six 725
months;726

       (ii) If the offender previously has been convicted of or 727
pleaded guilty to one or more felony or misdemeanor violations of 728
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 729
Revised Code and also was convicted of or pleaded guilty to a 730
specification of the type described in section 2941.1421 of the 731
Revised Code regarding one or more of those violations, an 732
additional prison term of one, two, three, four, five, six, seven, 733
eight, nine, ten, eleven, or twelve months.734

       (b) In lieu of imposing an additional prison term under 735
division (H)(2)(a) of this section, the court may directly impose 736
on the offender a sanction that requires the offender to wear a 737
real-time processing, continual tracking electronic monitoring 738
device during the period of time specified by the court. The 739
period of time specified by the court shall equal the duration of 740
an additional prison term that the court could have imposed upon 741
the offender under division (H)(2)(a) of this section. A sanction 742
imposed under this division shall commence on the date specified 743
by the court, provided that the sanction shall not commence until 744
after the offender has served the prison term imposed for the 745
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 746
of the Revised Code and any residential sanction imposed for the 747
violation under section 2929.16 of the Revised Code. A sanction 748
imposed under this division shall be considered to be a community 749
control sanction for purposes of section 2929.15 of the Revised 750
Code, and all provisions of the Revised Code that pertain to 751
community control sanctions shall apply to a sanction imposed 752
under this division, except to the extent that they would by their 753
nature be clearly inapplicable. The offender shall pay all costs 754
associated with a sanction imposed under this division, including 755
the cost of the use of the monitoring device.756

       (I) At the time of sentencing, the court may recommend the 757
offender for placement in a program of shock incarceration under 758
section 5120.031 of the Revised Code or for placement in an 759
intensive program prison under section 5120.032 of the Revised 760
Code, disapprove placement of the offender in a program of shock 761
incarceration or an intensive program prison of that nature, or 762
make no recommendation on placement of the offender. In no case 763
shall the department of rehabilitation and correction place the 764
offender in a program or prison of that nature unless the 765
department determines as specified in section 5120.031 or 5120.032 766
of the Revised Code, whichever is applicable, that the offender is 767
eligible for the placement.768

       If the court disapproves placement of the offender in a 769
program or prison of that nature, the department of rehabilitation 770
and correction shall not place the offender in any program of 771
shock incarceration or intensive program prison.772

       If the court recommends placement of the offender in a 773
program of shock incarceration or in an intensive program prison, 774
and if the offender is subsequently placed in the recommended 775
program or prison, the department shall notify the court of the 776
placement and shall include with the notice a brief description of 777
the placement.778

       If the court recommends placement of the offender in a 779
program of shock incarceration or in an intensive program prison 780
and the department does not subsequently place the offender in the 781
recommended program or prison, the department shall send a notice 782
to the court indicating why the offender was not placed in the 783
recommended program or prison.784

       If the court does not make a recommendation under this 785
division with respect to an offender and if the department 786
determines as specified in section 5120.031 or 5120.032 of the 787
Revised Code, whichever is applicable, that the offender is 788
eligible for placement in a program or prison of that nature, the 789
department shall screen the offender and determine if there is an 790
available program of shock incarceration or an intensive program 791
prison for which the offender is suited. If there is an available 792
program of shock incarceration or an intensive program prison for 793
which the offender is suited, the department shall notify the 794
court of the proposed placement of the offender as specified in 795
section 5120.031 or 5120.032 of the Revised Code and shall include 796
with the notice a brief description of the placement. The court 797
shall have ten days from receipt of the notice to disapprove the 798
placement.799

       (J) If a person is convicted of or pleads guilty to 800
aggravated vehicular homicide in violation of division (A)(1) of 801
section 2903.06 of the Revised Code and division (B)(2)(c) of that 802
section applies, the person shall be sentenced pursuant to section 803
2929.142 of the Revised Code.804

       Sec. 2941.148.  (A)(1) The application of Chapter 2971. of 805
the Revised Code to an offender is precluded unless one of the 806
following applies:807

       (a) The offender is charged with a violent sex offense, and 808
the indictment, count in the indictment, or information charging 809
the violent sex offense also includes a specification that the 810
offender is a sexually violent predator, or the offender is 811
charged with a designated homicide, assault, or kidnapping 812
offense, and the indictment, count in the indictment, or 813
information charging the designated homicide, assault, or 814
kidnapping offense also includes both a specification of the type 815
described in section 2941.147 of the Revised Code and a 816
specification that the offender is a sexually violent predator. 817

       (b) The offender is convicted of or pleads guilty to a 818
violation of division (A)(1)(b) of section 2907.02 of the Revised 819
Code committed on or after January 2, 2007, and division (B) of 820
section 2907.02 of the Revised Code does not prohibit the court 821
from sentencing the offender pursuant to section 2971.03 of the 822
Revised Code.823

       (c) The offender is convicted of or pleads guilty to 824
attempted rape committed on or after January 2, 2007, and to a 825
specification of the type described in section 2941.1418, 826
2941.1419, or 2941.1420 of the Revised Code.827

       (d) The offender is convicted of or pleads guilty to a 828
violation of section 2905.01 of the Revised Code and to a 829
specification of the type described in section 2941.147 of the 830
Revised Code, and section 2905.01 of the Revised Code requires a 831
court to sentence the offender pursuant to section 2971.03 of the 832
Revised Code.833

        (e) The offender is convicted of or pleads guilty to 834
aggravated murder and to a specification of the type described in 835
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) 836
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), 837
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 838
2929.03, or division (A) or (B) of section 2929.06 of the Revised 839
Code requires a court to sentence the offender pursuant to 840
division (B)(3) of section 2971.03 of the Revised Code.841

        (f) The offender is convicted of or pleads guilty to murder 842
and to a specification of the type described in section 2941.147 843
of the Revised Code, and division (B)(2)(3) of section 2929.02 of 844
the Revised Code requires a court to sentence the offender 845
pursuant to section 2971.03 of the Revised Code.846

       (2) A specification required under division (A)(1)(a) of this 847
section that an offender is a sexually violent predator shall be 848
stated at the end of the body of the indictment, count, or 849
information and shall be stated in substantially the following 850
form:851

       "Specification (or, specification to the first count). The 852
grand jury (or insert the person's or prosecuting attorney's name 853
when appropriate) further find and specify that the offender is a 854
sexually violent predator."855

       (B) In determining for purposes of this section whether a 856
person is a sexually violent predator, all of the factors set 857
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 858
Code that apply regarding the person may be considered as evidence 859
tending to indicate that it is likely that the person will engage 860
in the future in one or more sexually violent offenses.861

       (C) As used in this section, "designated homicide, assault, 862
or kidnapping offense," "violent sex offense," and "sexually 863
violent predator" have the same meanings as in section 2971.01 of 864
the Revised Code.865

       Sec. 2967.13.  (A) Except as provided in division (G) of this 866
section, a prisoner serving a sentence of imprisonment for life 867
for an offense committed on or after July 1, 1996, is not entitled 868
to any earned credit under section 2967.193 of the Revised Code 869
and becomes eligible for parole as follows:870

       (1) If a sentence of imprisonment for fifteen years to life 871
was imposed for the offense of murder, at the expiration of the 872
prisoner's minimum term;873

       (2) If a sentence of imprisonment for life with parole 874
eligibility after serving twenty years of imprisonment was imposed 875
for aggravated murder pursuant to section 2929.022 or 2929.03 of 876
the Revised Code or for murder pursuant to division (B) of section 877
2929.02 of the Revised Code, after serving a term of twenty years;878

       (3) If a sentence of imprisonment for life with parole 879
eligibility after serving twenty-five full years of imprisonment 880
was imposed for aggravated murder pursuant to section 2929.022 or 881
2929.03 of the Revised Code or for murder pursuant to division (B) 882
of section 2929.02 of the Revised Code, after serving a term of 883
twenty-five full years;884

       (4) If a sentence of imprisonment for life with parole 885
eligibility after serving thirty full years of imprisonment was 886
imposed for aggravated murder pursuant to section 2929.022 or 887
2929.03 of the Revised Code or for murder pursuant to division (B) 888
of section 2929.02 of the Revised Code, after serving a term of 889
thirty full years;890

       (5) If a sentence of imprisonment for life was imposed for 891
rape, after serving a term of ten full years' imprisonment;892

       (6) If a sentence of imprisonment for life with parole 893
eligibility after serving fifteen years of imprisonment was 894
imposed for a violation of section 2927.24 of the Revised Code, 895
after serving a term of fifteen years.896

       (B) Except as provided in division (G) of this section, a 897
prisoner serving a sentence of imprisonment for life with parole 898
eligibility after serving twenty years of imprisonment or a 899
sentence of imprisonment for life with parole eligibility after 900
serving twenty-five full years or thirty full years of 901
imprisonment imposed pursuant to section 2929.022 or 2929.03 or 902
division (B) of section 2929.02 of the Revised Code for an offense 903
committed on or after July 1, 1996, consecutively to any other 904
term of imprisonment, becomes eligible for parole after serving 905
twenty years, twenty full years, or thirty full years, as 906
applicable, as to each such sentence of life imprisonment, which 907
shall not be reduced for earned credits under section 2967.193 of 908
the Revised Code, plus the term or terms of the other sentences 909
consecutively imposed or, if one of the other sentences is another 910
type of life sentence with parole eligibility, the number of years 911
before parole eligibility for that sentence.912

       (C) Except as provided in division (G) of this section, a 913
prisoner serving consecutively two or more sentences in which an 914
indefinite term of imprisonment is imposed becomes eligible for 915
parole upon the expiration of the aggregate of the minimum terms 916
of the sentences.917

       (D) Except as provided in division (G) of this section, a 918
prisoner serving a term of imprisonment who is described in 919
division (A) of section 2967.021 of the Revised Code becomes 920
eligible for parole as described in that division or, if the 921
prisoner is serving a definite term of imprisonment, shall be 922
released as described in that division.923

       (E) A prisoner serving a sentence of life imprisonment 924
without parole imposed pursuant to section 2907.02 or section,925
2929.03, or 2929.06 or division (B) of section 2929.02 of the 926
Revised Code is not eligible for parole and shall be imprisoned 927
until death.928

       (F) A prisoner serving a stated prison term shall be released 929
in accordance with section 2967.28 of the Revised Code.930

       (G) A prisoner serving a prison term or term of life 931
imprisonment without parole imposed pursuant to section 2971.03 of 932
the Revised Code never becomes eligible for parole during that 933
term of imprisonment.934

       Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of 935
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or 936
another section of the Revised Code, other than divisions (B) and 937
(C) of section 2929.14 of the Revised Code, that authorizes or 938
requires a specified prison term or a mandatory prison term for a 939
person who is convicted of or pleads guilty to a felony or that 940
specifies the manner and place of service of a prison term or term 941
of imprisonment, the court shall impose a sentence upon a person 942
who is convicted of or pleads guilty to a violent sex offense and 943
who also is convicted of or pleads guilty to a sexually violent 944
predator specification that was included in the indictment, count 945
in the indictment, or information charging that offense, and upon 946
a person who is convicted of or pleads guilty to a designated 947
homicide, assault, or kidnapping offense and also is convicted of 948
or pleads guilty to both a sexual motivation specification and a 949
sexually violent predator specification that were included in the 950
indictment, count in the indictment, or information charging that 951
offense, as follows:952

       (1) If the offense for which the sentence is being imposed is 953
aggravated murder and if the court does not impose upon the 954
offender a sentence of death, it shall impose upon the offender a 955
term of life imprisonment without parole. If the court sentences 956
the offender to death and the sentence of death is vacated, 957
overturned, or otherwise set aside, the court shall impose upon 958
the offender a term of life imprisonment without parole.959

       (2) If the offense for which the sentence is being imposed is 960
murder; or if the offense is rape committed in violation of 961
division (A)(1)(b) of section 2907.02 of the Revised Code when the 962
offender purposely compelled the victim to submit by force or 963
threat of force, when the victim was less than ten years of age, 964
when the offender previously has been convicted of or pleaded 965
guilty to either rape committed in violation of that division or a 966
violation of an existing or former law of this state, another 967
state, or the United States that is substantially similar to 968
division (A)(1)(b) of section 2907.02 of the Revised Code, or when 969
the offender during or immediately after the commission of the 970
rape caused serious physical harm to the victim; or if the offense 971
is an offense other than aggravated murder or murder for which a 972
term of life imprisonment may be imposed, it shall impose upon the 973
offender a term of life imprisonment without parole.974

       (3)(a) Except as otherwise provided in division (A)(3)(b), 975
(c), (d), or (e) or (A)(4) of this section, if the offense for 976
which the sentence is being imposed is an offense other than 977
aggravated murder, murder, or rape and other than an offense for 978
which a term of life imprisonment may be imposed, it shall impose 979
an indefinite prison term consisting of a minimum term fixed by 980
the court from among the range of terms available as a definite 981
term for the offense, but not less than two years, and a maximum 982
term of life imprisonment.983

       (b) Except as otherwise provided in division (A)(4) of this 984
section, if the offense for which the sentence is being imposed is 985
kidnapping that is a felony of the first degree, it shall impose 986
an indefinite prison term as follows:987

       (i) If the kidnapping is committed on or after January 1, 988
2008, and the victim of the offense is less than thirteen years of 989
age, except as otherwise provided in this division, it shall 990
impose an indefinite prison term consisting of a minimum term of 991
fifteen years and a maximum term of life imprisonment. If the 992
kidnapping is committed on or after January 1, 2008, the victim of 993
the offense is less than thirteen years of age, and the offender 994
released the victim in a safe place unharmed, it shall impose an 995
indefinite prison term consisting of a minimum term of ten years 996
and a maximum term of life imprisonment.997

       (ii) If the kidnapping is committed prior to January 1, 2008, 998
or division (A)(3)(b)(i) of this section does not apply, it shall 999
impose an indefinite term consisting of a minimum term fixed by 1000
the court that is not less than ten years and a maximum term of 1001
life imprisonment.1002

        (c) Except as otherwise provided in division (A)(4) of this 1003
section, if the offense for which the sentence is being imposed is 1004
kidnapping that is a felony of the second degree, it shall impose 1005
an indefinite prison term consisting of a minimum term fixed by 1006
the court that is not less than eight years, and a maximum term of 1007
life imprisonment.1008

       (d) Except as otherwise provided in division (A)(4) of this 1009
section, if the offense for which the sentence is being imposed is 1010
rape for which a term of life imprisonment is not imposed under 1011
division (A)(2) of this section or division (B) of section 2907.02 1012
of the Revised Code, it shall impose an indefinite prison term as 1013
follows:1014

       (i) If the rape is committed on or after January 2, 2007, in 1015
violation of division (A)(1)(b) of section 2907.02 of the Revised 1016
Code, it shall impose an indefinite prison term consisting of a 1017
minimum term of twenty-five years and a maximum term of life 1018
imprisonment.1019

       (ii) If the rape is committed prior to January 2, 2007, or 1020
the rape is committed on or after January 2, 2007, other than in 1021
violation of division (A)(1)(b) of section 2907.02 of the Revised 1022
Code, it shall impose an indefinite prison term consisting of a 1023
minimum term fixed by the court that is not less than ten years, 1024
and a maximum term of life imprisonment.1025

       (e) Except as otherwise provided in division (A)(4) of this 1026
section, if the offense for which sentence is being imposed is 1027
attempted rape, it shall impose an indefinite prison term as 1028
follows:1029

       (i) Except as otherwise provided in division (A)(3)(e)(ii), 1030
(iii), or (iv) of this section, it shall impose an indefinite 1031
prison term pursuant to division (A)(3)(a) of this section.1032

       (ii) If the attempted rape for which sentence is being 1033
imposed was committed on or after January 2, 2007, and if the 1034
offender also is convicted of or pleads guilty to a specification 1035
of the type described in section 2941.1418 of the Revised Code, it 1036
shall impose an indefinite prison term consisting of a minimum 1037
term of five years and a maximum term of twenty-five years.1038

       (iii) If the attempted rape for which sentence is being 1039
imposed was committed on or after January 2, 2007, and if the 1040
offender also is convicted of or pleads guilty to a specification 1041
of the type described in section 2941.1419 of the Revised Code, it 1042
shall impose an indefinite prison term consisting of a minimum 1043
term of ten years and a maximum of life imprisonment.1044

       (iv) If the attempted rape for which sentence is being 1045
imposed was committed on or after January 2, 2007, and if the 1046
offender also is convicted of or pleads guilty to a specification 1047
of the type described in section 2941.1420 of the Revised Code, it 1048
shall impose an indefinite prison term consisting of a minimum 1049
term of fifteen years and a maximum of life imprisonment.1050

       (4) For any offense for which the sentence is being imposed, 1051
if the offender previously has been convicted of or pleaded guilty 1052
to a violent sex offense and also to a sexually violent predator 1053
specification that was included in the indictment, count in the 1054
indictment, or information charging that offense, or previously 1055
has been convicted of or pleaded guilty to a designated homicide, 1056
assault, or kidnapping offense and also to both a sexual 1057
motivation specification and a sexually violent predator 1058
specification that were included in the indictment, count in the 1059
indictment, or information charging that offense, it shall impose 1060
upon the offender a term of life imprisonment without parole.1061

       (B)(1) Notwithstanding section 2929.13, division (A) or (D) 1062
of section 2929.14, or another section of the Revised Code other 1063
than division (B) of section 2907.02 or divisions (B) and (C) of 1064
section 2929.14 of the Revised Code that authorizes or requires a 1065
specified prison term or a mandatory prison term for a person who 1066
is convicted of or pleads guilty to a felony or that specifies the 1067
manner and place of service of a prison term or term of 1068
imprisonment, if a person is convicted of or pleads guilty to a 1069
violation of division (A)(1)(b) of section 2907.02 of the Revised 1070
Code committed on or after January 2, 2007, if division (A) of 1071
this section does not apply regarding the person, and if the court 1072
does not impose a sentence of life without parole when authorized 1073
pursuant to division (B) of section 2907.02 of the Revised Code, 1074
the court shall impose upon the person an indefinite prison term 1075
consisting of one of the following:1076

        (a) Except as otherwise required in division (B)(1)(b) or (c) 1077
of this section, a minimum term of ten years and a maximum term of 1078
life imprisonment.1079

       (b) If the victim was less than ten years of age, a minimum 1080
term of fifteen years and a maximum of life imprisonment.1081

       (c) If the offender purposely compels the victim to submit by 1082
force or threat of force, or if the offender previously has been 1083
convicted of or pleaded guilty to violating division (A)(1)(b) of 1084
section 2907.02 of the Revised Code or to violating an existing or 1085
former law of this state, another state, or the United States that 1086
is substantially similar to division (A)(1)(b) of that section, or 1087
if the offender during or immediately after the commission of the 1088
offense caused serious physical harm to the victim, a minimum term 1089
of twenty-five years and a maximum of life imprisonment.1090

       (2) Notwithstanding section 2929.13, division (A) or (D) of 1091
section 2929.14, or another section of the Revised Code other than 1092
divisions (B) and (C) of section 2929.14 of the Revised Code that 1093
authorizes or requires a specified prison term or a mandatory 1094
prison term for a person who is convicted of or pleads guilty to a 1095
felony or that specifies the manner and place of service of a 1096
prison term or term of imprisonment and except as otherwise 1097
provided in division (B) of section 2907.02 of the Revised Code, 1098
if a person is convicted of or pleads guilty to attempted rape 1099
committed on or after January 2, 2007, and if division (A) of this 1100
section does not apply regarding the person, the court shall 1101
impose upon the person an indefinite prison term consisting of one 1102
of the following:1103

       (a) If the person also is convicted of or pleads guilty to a 1104
specification of the type described in section 2941.1418 of the 1105
Revised Code, the court shall impose upon the person an indefinite 1106
prison term consisting of a minimum term of five years and a 1107
maximum term of twenty-five years.1108

       (b) If the person also is convicted of or pleads guilty to a 1109
specification of the type described in section 2941.1419 of the 1110
Revised Code, the court shall impose upon the person an indefinite 1111
prison term consisting of a minimum term of ten years and a 1112
maximum term of life imprisonment.1113

       (c) If the person also is convicted of or pleads guilty to a 1114
specification of the type described in section 2941.1420 of the 1115
Revised Code, the court shall impose upon the person an indefinite 1116
prison term consisting of a minimum term of fifteen years and a 1117
maximum term of life imprisonment.1118

       (3) Notwithstanding section 2929.13, division (A) or (D) of 1119
section 2929.14, or another section of the Revised Code other than 1120
divisions (B) and (C) of section 2929.14 of the Revised Code that 1121
authorizes or requires a specified prison term or a mandatory 1122
prison term for a person who is convicted of or pleads guilty to a 1123
felony or that specifies the manner and place of service of a 1124
prison term or term of imprisonment, if a person is convicted of 1125
or pleads guilty to an offense described in division (B)(3)(a), 1126
(b), (c), or (d) of this section committed on or after January 1, 1127
2008, if the person also is convicted of or pleads guilty to a 1128
sexual motivation specification that was included in the 1129
indictment, count in the indictment, or information charging that 1130
offense, and if division (A) of this section does not apply 1131
regarding the person, the court shall impose upon the person an 1132
indefinite prison term consisting of one of the following:1133

       (a) An indefinite prison term consisting of a minimum of ten 1134
years and a maximum term of life imprisonment if the offense for 1135
which the sentence is being imposed is kidnapping, the victim of 1136
the offense is less than thirteen years of age, and the offender 1137
released the victim in a safe place unharmed;1138

       (b) An indefinite prison term consisting of a minimum of 1139
fifteen years and a maximum term of life imprisonment if the 1140
offense for which the sentence is being imposed is kidnapping when 1141
the victim of the offense is less than thirteen years of age and 1142
division (B)(3)(a) of this section does not apply;1143

       (c) An indefinite term consisting of a minimum of thirty 1144
years and a maximum term of life imprisonment if the offense for 1145
which the sentence is being imposed is aggravated murder, when the 1146
victim of the offense is less than thirteen years of age, a 1147
sentence of death or life imprisonment without parole is not 1148
imposed for the offense, and division (A)(2)(b)(ii) of section 1149
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), 1150
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or 1151
division (A) or (B) of section 2929.06 of the Revised Code 1152
requires that the sentence for the offense be imposed pursuant to 1153
this division;1154

       (d) An indefinite prison term consisting of a minimum of 1155
thirty years and a maximum term of life imprisonment if the 1156
offense for which the sentence is being imposed is murder when the 1157
victim of the offense is less than thirteen years of age and 1158
division (B)(3) of section 2929.02 of the Revised Code requires 1159
that the sentence for the offense be imposed pursuant to this 1160
division.1161

       (C)(1) If the offender is sentenced to a prison term pursuant 1162
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or 1163
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole 1164
board shall have control over the offender's service of the term 1165
during the entire term unless the parole board terminates its 1166
control in accordance with section 2971.04 of the Revised Code.1167

       (2) Except as provided in division (C)(3) of this section, an 1168
offender sentenced to a prison term or term of life imprisonment 1169
without parole pursuant to division (A) of this section shall 1170
serve the entire prison term or term of life imprisonment in a 1171
state correctional institution. The offender is not eligible for 1172
judicial release under section 2929.20 of the Revised Code.1173

       (3) For a prison term imposed pursuant to division (A)(3), 1174
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), 1175
(c), or (d) of this section, the court, in accordance with section 1176
2971.05 of the Revised Code, may terminate the prison term or 1177
modify the requirement that the offender serve the entire term in 1178
a state correctional institution if all of the following apply:1179

       (a) The offender has served at least the minimum term imposed 1180
as part of that prison term.1181

       (b) The parole board, pursuant to section 2971.04 of the 1182
Revised Code, has terminated its control over the offender's 1183
service of that prison term.1184

       (c) The court has held a hearing and found, by clear and 1185
convincing evidence, one of the following:1186

       (i) In the case of termination of the prison term, that the 1187
offender is unlikely to commit a sexually violent offense in the 1188
future;1189

       (ii) In the case of modification of the requirement, that the 1190
offender does not represent a substantial risk of physical harm to 1191
others.1192

       (4) An offender who has been sentenced to a term of life 1193
imprisonment without parole pursuant to division (A)(1), (2), or 1194
(4) of this section shall not be released from the term of life 1195
imprisonment or be permitted to serve a portion of it in a place 1196
other than a state correctional institution.1197

       (D) If a court sentences an offender to a prison term or term 1198
of life imprisonment without parole pursuant to division (A) of 1199
this section and the court also imposes on the offender one or 1200
more additional prison terms pursuant to division (B) of section 1201
2929.14 of the Revised Code, all of the additional prison terms 1202
shall be served consecutively with, and prior to, the prison term 1203
or term of life imprisonment without parole imposed upon the 1204
offender pursuant to division (A) of this section.1205

       (E) If the offender is convicted of or pleads guilty to two 1206
or more offenses for which a prison term or term of life 1207
imprisonment without parole is required to be imposed pursuant to 1208
division (A) of this section, divisions (A) to (D) of this section 1209
shall be applied for each offense. All minimum terms imposed upon 1210
the offender pursuant to division (A)(3) or (B) of this section 1211
for those offenses shall be aggregated and served consecutively, 1212
as if they were a single minimum term imposed under that division.1213

       (F)(1) If an offender is convicted of or pleads guilty to a 1214
violent sex offense and also is convicted of or pleads guilty to a 1215
sexually violent predator specification that was included in the 1216
indictment, count in the indictment, or information charging that 1217
offense, or is convicted of or pleads guilty to a designated 1218
homicide, assault, or kidnapping offense and also is convicted of 1219
or pleads guilty to both a sexual motivation specification and a 1220
sexually violent predator specification that were included in the 1221
indictment, count in the indictment, or information charging that 1222
offense, the conviction of or plea of guilty to the offense and 1223
the sexually violent predator specification automatically 1224
classifies the offender as a tier III sex offender/child-victim 1225
offender for purposes of Chapter 2950. of the Revised Code. 1226

       (2) If an offender is convicted of or pleads guilty to 1227
committing on or after January 2, 2007, a violation of division 1228
(A)(1)(b) of section 2907.02 of the Revised Code and either the 1229
offender is sentenced under section 2971.03 of the Revised Code or 1230
a sentence of life without parole is imposed under division (B) of 1231
section 2907.02 of the Revised Code, the conviction of or plea of 1232
guilty to the offense automatically classifies the offender as a 1233
tier III sex offender/child-victim offender for purposes of 1234
Chapter 2950. of the Revised Code. 1235

       (3) If a person is convicted of or pleads guilty to 1236
committing on or after January 2, 2007, attempted rape and also is 1237
convicted of or pleads guilty to a specification of the type 1238
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1239
Revised Code, the conviction of or plea of guilty to the offense 1240
and the specification automatically classify the offender as a 1241
tier III sex offender/child-victim offender for purposes of 1242
Chapter 2950. of the Revised Code. 1243

       (4) If a person is convicted of or pleads guilty to one of 1244
the offenses described in division (B)(3)(a), (b), (c), or (d) of 1245
this section and a sexual motivation specification related to the 1246
offense and the victim of the offense is less than thirteen years 1247
of age, the conviction of or plea of guilty to the offense 1248
automatically classifies the offender as a tier III sex 1249
offender/child-victim offender for purposes of Chapter 2950. of 1250
the Revised Code.1251

       Sec. 2971.07.  (A) This chapter does not apply to any 1252
offender unless the offender is one of the following:1253

       (1) The offender is convicted of or pleads guilty to a 1254
violent sex offense and also is convicted of or pleads guilty to a 1255
sexually violent predator specification that was included in the 1256
indictment, count in the indictment, or information charging that 1257
offense.1258

       (2) The offender is convicted of or pleads guilty to a 1259
designated homicide, assault, or kidnapping offense and also is 1260
convicted of or pleads guilty to both a sexual motivation 1261
specification and a sexually violent predator specification that 1262
were included in the indictment, count in the indictment, or 1263
information charging that offense.1264

       (3) The offender is convicted of or pleads guilty to a 1265
violation of division (A)(1)(b) of section 2907.02 of the Revised 1266
Code committed on or after January 2, 2007, and the court does not 1267
sentence the offender to a term of life without parole pursuant to 1268
division (B) of section 2907.02 of the Revised Code or division 1269
(B) of that section prohibits the court from sentencing the 1270
offender pursuant to section 2971.03 of the Revised Code.1271

       (4) The offender is convicted of or pleads guilty to 1272
attempted rape committed on or after January 2, 2007, and also is 1273
convicted of or pleads guilty to a specification of the type 1274
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1275
Revised Code.1276

       (5) The offender is convicted of or pleads guilty to a 1277
violation of section 2905.01 of the Revised Code and also is 1278
convicted of or pleads guilty to a sexual motivation specification 1279
that was included in the indictment, count in the indictment, or 1280
information charging that offense, and that section requires a 1281
court to sentence the offender pursuant to section 2971.03 of the 1282
Revised Code.1283

       (6) The offender is convicted of or pleads guilty to 1284
aggravated murder and also is convicted of or pleads guilty to a 1285
sexual motivation specification that was included in the 1286
indictment, count in the indictment, or information charging that 1287
offense, and division (A)(2)(b)(ii) of section 2929.022, division 1288
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), 1289
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 1290
2929.06 of the Revised Code requires a court to sentence the 1291
offender pursuant to division (B)(3) of section 2971.03 of the 1292
Revised Code.1293

        (7) The offender is convicted of or pleads guilty to murder 1294
and also is convicted of or pleads guilty to a sexual motivation 1295
specification that was included in the indictment, count in the 1296
indictment, or information charging that offense, and division 1297
(B)(2)(3) of section 2929.02 of the Revised Code requires a court 1298
to sentence the offender pursuant to section 2971.03 of the 1299
Revised Code.1300

       (B) This chapter does not limit or affect a court in imposing 1301
upon an offender described in divisions (A)(1) to (9) of this 1302
section any financial sanction under section 2929.18 or any other 1303
section of the Revised Code, or, except as specifically provided 1304
in this chapter, any other sanction that is authorized or required 1305
for the offense or violation by any other provision of law.1306

       (C) If an offender is sentenced to a prison term under 1307
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), 1308
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised 1309
Code and if, pursuant to section 2971.05 of the Revised Code, the 1310
court modifies the requirement that the offender serve the entire 1311
prison term in a state correctional institution or places the 1312
offender on conditional release that involves the placement of the 1313
offender under the supervision of the adult parole authority, 1314
authorized field officers of the authority who are engaged within 1315
the scope of their supervisory duties or responsibilities may 1316
search, with or without a warrant, the person of the offender, the 1317
place of residence of the offender, and a motor vehicle, another 1318
item of tangible or intangible personal property, or any other 1319
real property in which the offender has the express or implied 1320
permission of a person with a right, title, or interest to use, 1321
occupy, or possess if the field officer has reasonable grounds to 1322
believe that the offender is not abiding by the law or otherwise 1323
is not complying with the terms and conditions of the offender's 1324
modification or release. The authority shall provide each offender 1325
with a written notice that informs the offender that authorized 1326
field officers of the authority who are engaged within the scope 1327
of their supervisory duties or responsibilities may conduct those 1328
types of searches during the period of the modification or release 1329
if they have reasonable grounds to believe that the offender is 1330
not abiding by the law or otherwise is not complying with the 1331
terms and conditions of the offender's modification or release.1332

       Sec. 5120.61.  (A)(1) Not later than ninety days after 1333
January 1, 1997, the department of rehabilitation and correction 1334
shall adopt standards that it will use under this section to 1335
assess the following criminal offenders and may periodically 1336
revise the standards:1337

       (a) A criminal offender who is convicted of or pleads guilty 1338
to a violent sex offense or designated homicide, assault, or 1339
kidnapping offense and is adjudicated a sexually violent predator 1340
in relation to that offense;1341

       (b) A criminal offender who is convicted of or pleads guilty 1342
to a violation of division (A)(1)(b) of section 2907.02 of the 1343
Revised Code committed on or after January 2, 2007, and either who 1344
is sentenced under section 2971.03 of the Revised Code or upon 1345
whom a sentence of life without parole is imposed under division 1346
(B) of section 2907.02 of the Revised Code;1347

       (c) A criminal offender who is convicted of or pleads guilty 1348
to attempted rape committed on or after January 2, 2007, and a 1349
specification of the type described in section 2941.1418, 1350
2941.1419, or 2941.1420 of the Revised Code;1351

       (d) A criminal offender who is convicted of or pleads guilty 1352
to a violation of section 2905.01 of the Revised Code and also is 1353
convicted of or pleads guilty to a sexual motivation specification 1354
that was included in the indictment, count in the indictment, or 1355
information charging that offense, and who is sentenced pursuant 1356
to section 2971.03 of the Revised Code;1357

       (e) A criminal offender who is convicted of or pleads guilty 1358
to aggravated murder and also is convicted of or pleads guilty to 1359
a sexual motivation specification that was included in the 1360
indictment, count in the indictment, or information charging that 1361
offense, and who pursuant to division (A)(2)(b)(ii) of section 1362
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), 1363
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or 1364
division (A) or (B) of section 2929.06 of the Revised Code is 1365
sentenced pursuant to division (B)(3) of section 2971.03 of the 1366
Revised Code;1367

       (f) A criminal offender who is convicted of or pleads guilty 1368
to murder and also is convicted of or pleads guilty to a sexual 1369
motivation specification that was included in the indictment, 1370
count in the indictment, or information charging that offense, and 1371
who pursuant to division (B)(2)(3) of section 2929.02 of the 1372
Revised Code is sentenced pursuant to section 2971.03 of the 1373
Revised Code. 1374

       (2) When the department is requested by the parole board or 1375
the court to provide a risk assessment report of the offender 1376
under section 2971.04 or 2971.05 of the Revised Code, it shall 1377
assess the offender and complete the assessment as soon as 1378
possible after the offender has commenced serving the prison term 1379
or term of life imprisonment without parole imposed under division 1380
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), 1381
(b), (c), or (d) of section 2971.03 of the Revised Code. 1382
Thereafter, the department shall update a risk assessment report 1383
pertaining to an offender as follows:1384

       (a) Periodically, in the discretion of the department, 1385
provided that each report shall be updated no later than two years 1386
after its initial preparation or most recent update;1387

       (b) Upon the request of the parole board for use in 1388
determining pursuant to section 2971.04 of the Revised Code 1389
whether it should terminate its control over an offender's service 1390
of a prison term imposed upon the offender under division (A)(3), 1391
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), 1392
(c), or (d) of section 2971.03 of the Revised Code;1393

       (c) Upon the request of the court.1394

       (3) After the department of rehabilitation and correction 1395
assesses an offender pursuant to division (A)(2) of this section, 1396
it shall prepare a report that contains its risk assessment for 1397
the offender or, if a risk assessment report previously has been 1398
prepared, it shall update the risk assessment report.1399

       (4) The department of rehabilitation and correction shall 1400
provide each risk assessment report that it prepares or updates 1401
pursuant to this section regarding an offender to all of the 1402
following:1403

       (a) The parole board for its use in determining pursuant to 1404
section 2971.04 of the Revised Code whether it should terminate 1405
its control over an offender's service of a prison term imposed 1406
upon the offender under division (A)(3), (B)(1)(a), (b), or (c), 1407
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 1408
2971.03 of the Revised Code, if the parole board has not 1409
terminated its control over the offender;1410

       (b) The court for use in determining, pursuant to section 1411
2971.05 of the Revised Code, whether to modify the requirement 1412
that the offender serve the entire prison term imposed upon the 1413
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), 1414
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of 1415
the Revised Code in a state correctional institution, whether to 1416
revise any modification previously made, or whether to terminate 1417
the prison term;1418

       (c) The prosecuting attorney who prosecuted the case, or the 1419
successor in office to that prosecuting attorney;1420

       (d) The offender.1421

       (B) When the department of rehabilitation and correction 1422
provides a risk assessment report regarding an offender to the 1423
parole board or court pursuant to division (A)(4)(a) or (b) of 1424
this section, the department, prior to the parole board's or 1425
court's hearing, also shall provide to the offender or to the 1426
offender's attorney of record a copy of the report and a copy of 1427
any other relevant documents the department possesses regarding 1428
the offender that the department does not consider to be 1429
confidential.1430

       (C) As used in this section:1431

        (1) "Adjudicated a sexually violent predator" has the same 1432
meaning as in section 2929.01 of the Revised Code, and a person is 1433
"adjudicated a sexually violent predator" in the same manner and 1434
the same circumstances as are described in that section.1435

        (2) "Designated homicide, assault, or kidnapping offense" and 1436
"violent sex offense" have the same meanings as in section 2971.01 1437
of the Revised Code.1438

       Section 2.  That existing sections 2903.02, 2929.02, 2929.14, 1439
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 of the Revised 1440
Code are hereby repealed.1441

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