Bill Text: OH HB62 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To authorize a $5,000 fine for assault when the victim is a hospital health care professional, health care worker, or security officer whom the offender knows or has reasonable cause to know is such a professional, worker, or officer, the victim is engaged in the performance of the victim's duties, and the hospital offers de-escalation or crisis intervention training; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified hospital personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed in those circumstances; to authorize a $5,000 fine for assault when the victim is a judge, magistrate, prosecutor, or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor, or court official or employee and the victim is engaged in the performance of the victim's duties; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified justice system personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed against any of the specified justice system personnel in the specified circumstances; to include felony assault when committed against any of the specified hospital or justice system personnel in the specified circumstances within the community control presumption of the Felony Sentencing Law; to make clarifying changes in that presumption; and to authorize hospitals to post a warning sign indicating that abuse or assault of staff will not be tolerated and might result in a felony conviction.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [HB62 Detail]
Download: Ohio-2011-HB62-Comm_Sub.html
Reported by the Senate Judiciary Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To authorize a $5,000 fine for assault when the victim is a hospital health care professional, health care worker, or security officer whom the offender knows or has reasonable cause to know is such a professional, worker, or officer, the victim is engaged in the performance of the victim's duties, and the hospital offers de-escalation or crisis intervention training; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified hospital personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed in those circumstances; to authorize a $5,000 fine for assault when the victim is a judge, magistrate, prosecutor, or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor, or court official or employee and the victim is engaged in the performance of the victim's duties; to increase the penalty for assault to a felony of the fifth degree when committed against any of the specified justice system personnel in the specified circumstances if the offender previously was convicted of a specified assault or homicide offense committed against any of the specified justice system personnel in the specified circumstances; to include felony assault when committed against any of the specified hospital or justice system personnel in the specified circumstances within the community control presumption of the Felony Sentencing Law; to make clarifying changes in that presumption; and to authorize hospitals to post a warning sign indicating that abuse or assault of staff will not be tolerated and might result in a felony conviction.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [HB62 Detail]
Download: Ohio-2011-HB62-Comm_Sub.html
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Representative Gonzales
Cosponsors:
Representatives Winburn, Garland, Pillich, Uecker, Adams, R., Antonio, Baker, Barnes, Beck, Brenner, Celeste, Clyde, Combs, Driehaus, Fedor, Gerberry, Hackett, Hagan, C., Johnson, Luckie, Lundy, Milkovich, Newbold, Patmon, Reece, Ruhl, Schuring, Sears, Slesnick, Stinziano, Szollosi, Weddington, Yuko Speaker Batchelder
Senators Wagoner, Oelslager, LaRose
To amend sections 2903.13 and 2929.13 and to enact | 1 |
section 3727.18 of the Revised Code to authorize a | 2 |
$5,000 fine for assault when the victim is a | 3 |
hospital health care professional, health care | 4 |
worker, or security officer whom the offender | 5 |
knows or has reasonable cause to know is such a | 6 |
professional, worker, or officer, the victim is | 7 |
engaged in the performance of the victim's duties, | 8 |
and the hospital offers de-escalation or crisis | 9 |
intervention training; to increase the penalty for | 10 |
assault to a felony of the fifth degree when | 11 |
committed against any of the specified hospital | 12 |
personnel in the specified circumstances if the | 13 |
offender previously was convicted of a specified | 14 |
assault or homicide offense committed in those | 15 |
circumstances; to authorize a $5,000 fine for | 16 |
assault when the victim is a judge, magistrate, | 17 |
prosecutor, or court official or employee whom the | 18 |
offender knows or has reasonable cause to know is | 19 |
a judge, magistrate, prosecutor, or court official | 20 |
or employee and the victim is engaged in the | 21 |
performance of the victim's duties; to increase | 22 |
the penalty for assault to a felony of the fifth | 23 |
degree when committed against any of the specified | 24 |
justice system personnel in the specified | 25 |
circumstances if the offender previously was | 26 |
convicted of a specified assault or homicide | 27 |
offense committed against any of the specified | 28 |
justice system personnel in the specified | 29 |
circumstances; to include felony assault when | 30 |
committed against any of the specified hospital or | 31 |
justice system personnel in the specified | 32 |
circumstances within the community control | 33 |
presumption of the Felony Sentencing Law; to make | 34 |
clarifying changes in that presumption; and to | 35 |
authorize hospitals to post a warning sign | 36 |
indicating that abuse or assault of staff will not | 37 |
be tolerated and might result in a felony | 38 |
conviction. | 39 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.13 and 2929.13 be amended and | 40 |
section 3727.18 of the Revised Code be enacted to read as follows: | 41 |
Sec. 2903.13. (A) No person shall knowingly cause or attempt | 42 |
to cause physical harm to another or to another's unborn. | 43 |
(B) No person shall recklessly cause serious physical harm to | 44 |
another or to another's unborn. | 45 |
(C)(1) Whoever violates this section is guilty of assault, | 46 |
and the court shall sentence the offender as provided in this | 47 |
division and divisions (C)(1), (2), (3), (4), (5), | 48 |
and (8) of this section. Except as otherwise provided in division | 49 |
(C) | 50 |
assault is a misdemeanor of the first degree. | 51 |
| 52 |
offense is committed by a caretaker against a functionally | 53 |
impaired person under the caretaker's care, assault is a felony of | 54 |
the fourth degree. If the offense is committed by a caretaker | 55 |
against a functionally impaired person under the caretaker's care, | 56 |
if the offender previously has been convicted of or pleaded guilty | 57 |
to a violation of this section or section 2903.11 or 2903.16 of | 58 |
the Revised Code, and if in relation to the previous conviction | 59 |
the offender was a caretaker and the victim was a functionally | 60 |
impaired person under the offender's care, assault is a felony of | 61 |
the third degree. | 62 |
| 63 |
circumstances, assault is a felony of the fifth degree: | 64 |
(a) The offense occurs in or on the grounds of a state | 65 |
correctional institution or an institution of the department of | 66 |
youth services, the victim of the offense is an employee of the | 67 |
department of rehabilitation and correction, the department of | 68 |
youth services, or a probation department or is on the premises of | 69 |
the particular institution for business purposes or as a visitor, | 70 |
and the offense is committed by a person incarcerated in the state | 71 |
correctional institution, by a person institutionalized in the | 72 |
department of youth services institution pursuant to a commitment | 73 |
to the department of youth services, by a parolee, by an offender | 74 |
under transitional control, under a community control sanction, or | 75 |
on an escorted visit, by a person under post-release control, or | 76 |
by an offender under any other type of supervision by a government | 77 |
agency. | 78 |
(b) The offense occurs in or on the grounds of a local | 79 |
correctional facility, the victim of the offense is an employee of | 80 |
the local correctional facility or a probation department or is on | 81 |
the premises of the facility for business purposes or as a | 82 |
visitor, and the offense is committed by a person who is under | 83 |
custody in the facility subsequent to the person's arrest for any | 84 |
crime or delinquent act, subsequent to the person's being charged | 85 |
with or convicted of any crime, or subsequent to the person's | 86 |
being alleged to be or adjudicated a delinquent child. | 87 |
(c) The offense occurs off the grounds of a state | 88 |
correctional institution and off the grounds of an institution of | 89 |
the department of youth services, the victim of the offense is an | 90 |
employee of the department of rehabilitation and correction, the | 91 |
department of youth services, or a probation department, the | 92 |
offense occurs during the employee's official work hours and while | 93 |
the employee is engaged in official work responsibilities, and the | 94 |
offense is committed by a person incarcerated in a state | 95 |
correctional institution or institutionalized in the department of | 96 |
youth services who temporarily is outside of the institution for | 97 |
any purpose, by a parolee, by an offender under transitional | 98 |
control, under a community control sanction, or on an escorted | 99 |
visit, by a person under post-release control, or by an offender | 100 |
under any other type of supervision by a government agency. | 101 |
(d) The offense occurs off the grounds of a local | 102 |
correctional facility, the victim of the offense is an employee of | 103 |
the local correctional facility or a probation department, the | 104 |
offense occurs during the employee's official work hours and while | 105 |
the employee is engaged in official work responsibilities, and the | 106 |
offense is committed by a person who is under custody in the | 107 |
facility subsequent to the person's arrest for any crime or | 108 |
delinquent act, subsequent to the person being charged with or | 109 |
convicted of any crime, or subsequent to the person being alleged | 110 |
to be or adjudicated a delinquent child and who temporarily is | 111 |
outside of the facility for any purpose or by a parolee, by an | 112 |
offender under transitional control, under a community control | 113 |
sanction, or on an escorted visit, by a person under post-release | 114 |
control, or by an offender under any other type of supervision by | 115 |
a government agency. | 116 |
(e) The victim of the offense is a school teacher or | 117 |
administrator or a school bus operator, and the offense occurs in | 118 |
a school, on school premises, in a school building, on a school | 119 |
bus, or while the victim is outside of school premises or a school | 120 |
bus and is engaged in duties or official responsibilities | 121 |
associated with the victim's employment or position as a school | 122 |
teacher or administrator or a school bus operator, including, but | 123 |
not limited to, driving, accompanying, or chaperoning students at | 124 |
or on class or field trips, athletic events, or other school | 125 |
extracurricular activities or functions outside of school | 126 |
premises. | 127 |
| 128 |
investigator of the bureau of criminal identification and | 129 |
investigation, a firefighter, or a person performing emergency | 130 |
medical service, while in the performance of their official | 131 |
duties, assault is a felony of the fourth degree. | 132 |
| 133 |
investigator of the bureau of criminal identification and | 134 |
investigation and if the victim suffered serious physical harm as | 135 |
a result of the commission of the offense, assault is a felony of | 136 |
the fourth degree, and the court, pursuant to division (F) of | 137 |
section 2929.13 of the Revised Code, shall impose as a mandatory | 138 |
prison term one of the prison terms prescribed for a felony of the | 139 |
fourth degree that is at least twelve months in duration. | 140 |
| 141 |
of a public children services agency or a private child placing | 142 |
agency and the offense relates to the officer's or employee's | 143 |
performance or anticipated performance of official | 144 |
responsibilities or duties, assault is either a felony of the | 145 |
fifth degree or, if the offender previously has been convicted of | 146 |
or pleaded guilty to an offense of violence, the victim of that | 147 |
prior offense was an officer or employee of a public children | 148 |
services agency or private child placing agency, and that prior | 149 |
offense related to the officer's or employee's performance or | 150 |
anticipated performance of official responsibilities or duties, a | 151 |
felony of the fourth degree. | 152 |
| 153 |
professional of a hospital, a health care worker of a hospital, or | 154 |
a security officer of a hospital whom the offender knows or has | 155 |
reasonable cause to know is a health care professional of a | 156 |
hospital, a health care worker of a hospital, or a security | 157 |
officer of a hospital, if the victim is engaged in the performance | 158 |
of the victim's duties, and if the hospital offers de-escalation | 159 |
or crisis intervention training for such professionals, workers, | 160 |
or officers, assault is one of the following: | 161 |
(a) Except as otherwise provided in division (C)(7)(b) of | 162 |
this section, assault committed in the specified circumstances is | 163 |
a misdemeanor of the first degree. Notwithstanding the fine | 164 |
specified in division (A)(2)(b) of section 2929.28 of the Revised | 165 |
Code for a misdemeanor of the first degree, in sentencing the | 166 |
offender under this division and if the court decides to impose a | 167 |
fine, the court may impose upon the offender a fine of not more | 168 |
than five thousand dollars. | 169 |
(b) If the offender previously has been convicted of or | 170 |
pleaded guilty to one or more assault or homicide offenses | 171 |
committed against hospital personnel, assault committed in the | 172 |
specified circumstances is a felony of the fifth degree. | 173 |
(8) If the victim of the offense is a judge, magistrate, | 174 |
prosecutor, or court official or employee whom the offender knows | 175 |
or has reasonable cause to know is a judge, magistrate, | 176 |
prosecutor, or court official or employee, and if the victim is | 177 |
engaged in the performance of the victim's duties, assault is one | 178 |
of the following: | 179 |
(a) Except as otherwise provided in division (C)(7)(b) of | 180 |
this section, assault committed in the specified circumstances is | 181 |
a misdemeanor of the first degree. In sentencing the offender | 182 |
under this division, if the court decides to impose a fine, | 183 |
notwithstanding the fine specified in division (A)(2)(b) of | 184 |
section 2929.28 of the Revised Code for a misdemeanor of the first | 185 |
degree, the court may impose upon the offender a fine of not more | 186 |
than five thousand dollars. | 187 |
(b) If the offender previously has been convicted of or | 188 |
pleaded guilty to one or more assault or homicide offenses | 189 |
committed against justice system personnel, assault committed in | 190 |
the specified circumstances is a felony of the fifth degree. | 191 |
(9) If an offender who is convicted of or pleads guilty to | 192 |
assault when it is a misdemeanor also is convicted of or pleads | 193 |
guilty to a specification as described in section 2941.1423 of the | 194 |
Revised Code that was included in the indictment, count in the | 195 |
indictment, or information charging the offense, the court shall | 196 |
sentence the offender to a mandatory jail term as provided in | 197 |
division (G) of section 2929.24 of the Revised Code. | 198 |
If an offender who is convicted of or pleads guilty to | 199 |
assault when it is a felony also is convicted of or pleads guilty | 200 |
to a specification as described in section 2941.1423 of the | 201 |
Revised Code that was included in the indictment, count in the | 202 |
indictment, or information charging the offense, except as | 203 |
otherwise provided in division (C) | 204 |
court shall sentence the offender to a mandatory prison term as | 205 |
provided in division (B)(8) of section 2929.14 of the Revised | 206 |
Code. | 207 |
(D) As used in this section: | 208 |
(1) "Peace officer" has the same meaning as in section | 209 |
2935.01 of the Revised Code. | 210 |
(2) "Firefighter" has the same meaning as in section 3937.41 | 211 |
of the Revised Code. | 212 |
(3) "Emergency medical service" has the same meaning as in | 213 |
section 4765.01 of the Revised Code. | 214 |
(4) "Local correctional facility" means a county, | 215 |
multicounty, municipal, municipal-county, or multicounty-municipal | 216 |
jail or workhouse, a minimum security jail established under | 217 |
section 341.23 or 753.21 of the Revised Code, or another county, | 218 |
multicounty, municipal, municipal-county, or multicounty-municipal | 219 |
facility used for the custody of persons arrested for any crime or | 220 |
delinquent act, persons charged with or convicted of any crime, or | 221 |
persons alleged to be or adjudicated a delinquent child. | 222 |
(5) "Employee of a local correctional facility" means a | 223 |
person who is an employee of the political subdivision or of one | 224 |
or more of the affiliated political subdivisions that operates the | 225 |
local correctional facility and who operates or assists in the | 226 |
operation of the facility. | 227 |
(6) "School teacher or administrator" means either of the | 228 |
following: | 229 |
(a) A person who is employed in the public schools of the | 230 |
state under a contract described in section 3319.08 of the Revised | 231 |
Code in a position in which the person is required to have a | 232 |
certificate issued pursuant to sections 3319.22 to 3319.311 of the | 233 |
Revised Code. | 234 |
(b) A person who is employed by a nonpublic school for which | 235 |
the state board of education prescribes minimum standards under | 236 |
section 3301.07 of the Revised Code and who is certificated in | 237 |
accordance with section 3301.071 of the Revised Code. | 238 |
(7) "Community control sanction" has the same meaning as in | 239 |
section 2929.01 of the Revised Code. | 240 |
(8) "Escorted visit" means an escorted visit granted under | 241 |
section 2967.27 of the Revised Code. | 242 |
(9) "Post-release control" and "transitional control" have | 243 |
the same meanings as in section 2967.01 of the Revised Code. | 244 |
(10) "Investigator of the bureau of criminal identification | 245 |
and investigation" has the same meaning as in section 2903.11 of | 246 |
the Revised Code. | 247 |
(11) "Health care professional" and "health care worker" have | 248 |
the same meanings as in section 2305.234 of the Revised Code. | 249 |
(12) "Assault or homicide offense committed against hospital | 250 |
personnel" means a violation of this section or of section | 251 |
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or | 252 |
2903.14 of the Revised Code committed in circumstances in which | 253 |
all of the following apply: | 254 |
(a) The victim of the offense was a health care professional | 255 |
of a hospital, a health care worker of a hospital, or a security | 256 |
officer of a hospital. | 257 |
(b) The offender knew or had reasonable cause to know that | 258 |
the victim was a health care professional of a hospital, a health | 259 |
care worker of a hospital, or a security officer of a hospital. | 260 |
(c) The victim was engaged in the performance of the victim's | 261 |
duties. | 262 |
(d) The hospital offered de-escalation or crisis intervention | 263 |
training for such professionals, workers, or officers. | 264 |
(13) "De-escalation or crisis intervention training" means | 265 |
de-escalation or crisis intervention training for health care | 266 |
professionals of a hospital, health care workers of a hospital, | 267 |
and security officers of a hospital to facilitate interaction with | 268 |
patients, members of a patient's family, and visitors, including | 269 |
those with mental impairments. | 270 |
(14) "Assault or homicide offense committed against justice | 271 |
system personnel" means a violation of this section or of section | 272 |
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or | 273 |
2903.14 of the Revised Code committed in circumstances in which | 274 |
the victim of the offense was a judge, magistrate, prosecutor, or | 275 |
court official or employee whom the offender knew or had | 276 |
reasonable cause to know was a judge, magistrate, prosecutor, or | 277 |
court official or employee, and the victim was engaged in the | 278 |
performance of the victim's duties. | 279 |
(15) "Court official or employee" means any official or | 280 |
employee of a court created under the constitution or statutes of | 281 |
this state or of a United States court located in this state. | 282 |
(16) "Judge" means a judge of a court created under the | 283 |
constitution or statutes of this state or of a United States court | 284 |
located in this state. | 285 |
(17) "Magistrate" means an individual who is appointed by a | 286 |
court of record of this state and who has the powers and may | 287 |
perform the functions specified in Civil Rule 53, Criminal Rule | 288 |
19, or Juvenile Rule 40, or an individual who is appointed by a | 289 |
United States court located in this state who has similar powers | 290 |
and functions. | 291 |
(18) "Prosecutor" has the same meaning as in section 2935.01 | 292 |
of the Revised Code. | 293 |
(19)(a) "Hospital" means, subject to division (D)(19)(b) of | 294 |
this section, an institution classified as a hospital under | 295 |
section 3701.01 of the Revised Code in which are provided to | 296 |
patients diagnostic, medical, surgical, obstetrical, psychiatric, | 297 |
or rehabilitation care or a hospital operated by a health | 298 |
maintenance organization. | 299 |
(b) "Hospital" does not include any of the following: | 300 |
(i) A facility licensed under Chapter 3721. of the Revised | 301 |
Code, a health care facility operated by the department of mental | 302 |
health or the department of developmental disabilities, a health | 303 |
maintenance organization that does not operate a hospital, or the | 304 |
office of any private, licensed health care professional, whether | 305 |
organized for individual or group practice; | 306 |
(ii) An institution for the sick that is operated exclusively | 307 |
for patients who use spiritual means for healing and for whom the | 308 |
acceptance of medical care is inconsistent with their religious | 309 |
beliefs, accredited by a national accrediting organization, exempt | 310 |
from federal income taxation under section 501 of the "Internal | 311 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, | 312 |
and providing twenty-four-hour nursing care pursuant to the | 313 |
exemption in division (E) of section 4723.32 of the Revised Code | 314 |
from the licensing requirements of Chapter 4723. of the Revised | 315 |
Code. | 316 |
(20) "Health maintenance organization" has the same meaning | 317 |
as in section 3727.01 of the Revised Code. | 318 |
Sec. 2929.13. (A) Except as provided in division (E), (F), | 319 |
or (G) of this section and unless a specific sanction is required | 320 |
to be imposed or is precluded from being imposed pursuant to law, | 321 |
a court that imposes a sentence upon an offender for a felony may | 322 |
impose any sanction or combination of sanctions on the offender | 323 |
that are provided in sections 2929.14 to 2929.18 of the Revised | 324 |
Code. | 325 |
If the offender is eligible to be sentenced to community | 326 |
control sanctions, the court shall consider the appropriateness of | 327 |
imposing a financial sanction pursuant to section 2929.18 of the | 328 |
Revised Code or a sanction of community service pursuant to | 329 |
section 2929.17 of the Revised Code as the sole sanction for the | 330 |
offense. Except as otherwise provided in this division, if the | 331 |
court is required to impose a mandatory prison term for the | 332 |
offense for which sentence is being imposed, the court also shall | 333 |
impose any financial sanction pursuant to section 2929.18 of the | 334 |
Revised Code that is required for the offense and may impose any | 335 |
other financial sanction pursuant to that section but may not | 336 |
impose any additional sanction or combination of sanctions under | 337 |
section 2929.16 or 2929.17 of the Revised Code. | 338 |
If the offender is being sentenced for a fourth degree felony | 339 |
OVI offense or for a third degree felony OVI offense, in addition | 340 |
to the mandatory term of local incarceration or the mandatory | 341 |
prison term required for the offense by division (G)(1) or (2) of | 342 |
this section, the court shall impose upon the offender a mandatory | 343 |
fine in accordance with division (B)(3) of section 2929.18 of the | 344 |
Revised Code and may impose whichever of the following is | 345 |
applicable: | 346 |
(1) For a fourth degree felony OVI offense for which sentence | 347 |
is imposed under division (G)(1) of this section, an additional | 348 |
community control sanction or combination of community control | 349 |
sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 350 |
the court imposes upon the offender a community control sanction | 351 |
and the offender violates any condition of the community control | 352 |
sanction, the court may take any action prescribed in division (B) | 353 |
of section 2929.15 of the Revised Code relative to the offender, | 354 |
including imposing a prison term on the offender pursuant to that | 355 |
division. | 356 |
(2) For a third or fourth degree felony OVI offense for which | 357 |
sentence is imposed under division (G)(2) of this section, an | 358 |
additional prison term as described in division (B)(4) of section | 359 |
2929.14 of the Revised Code or a community control sanction as | 360 |
described in division (G)(2) of this section. | 361 |
(B)(1)(a) Except as provided in division (B)(1)(b) of this | 362 |
section, if an offender is convicted of or pleads guilty to a | 363 |
felony of the fourth or fifth degree that is not an offense of | 364 |
violence or that is a qualifying assault offense, the court shall | 365 |
sentence the offender to a community control sanction of at least | 366 |
one year's duration if all of the following apply: | 367 |
(i) The offender previously has not been convicted of or | 368 |
pleaded guilty to a felony offense or to an offense of violence | 369 |
that is a misdemeanor and that the offender committed within two | 370 |
years prior to the offense for which sentence is being imposed. | 371 |
(ii) The most serious charge against the offender at the time | 372 |
of sentencing is a felony of the fourth or fifth degree. | 373 |
(iii) If the court made a request of the department of | 374 |
rehabilitation and correction pursuant to division (B)(1)(c) of | 375 |
this section, the department, within the forty-five-day period | 376 |
specified in that division, provided the court with the names of, | 377 |
contact information for, and program details of one or more | 378 |
community control sanctions of at least one year's duration that | 379 |
are available for persons sentenced by the court. | 380 |
(b) The court has discretion to impose a prison term upon an | 381 |
offender who is convicted of or pleads guilty to a felony of the | 382 |
fourth or fifth degree that is not an offense of violence or that | 383 |
is a qualifying assault offense if any of the following apply: | 384 |
(i) The offender committed the offense while having a firearm | 385 |
on or about the offender's person or under the offender's control. | 386 |
(ii) | 387 |
offender caused serious physical harm to another person while | 388 |
committing the offense, and, if the offense is not a qualifying | 389 |
assault offense, the offender caused physical harm to another | 390 |
person while committing the offense. | 391 |
(iii) The offender violated a term of the conditions of bond | 392 |
as set by the court. | 393 |
(iv) The court made a request of the department of | 394 |
rehabilitation and correction pursuant to division (B)(1)(c) of | 395 |
this section, and the department, within the forty-five-day period | 396 |
specified in that division, did not provide the court with the | 397 |
name of, contact information for, and program details of any | 398 |
community control sanction of at least one year's duration that is | 399 |
available for persons sentenced by the court. | 400 |
(c) If a court that is sentencing an offender who is | 401 |
convicted of or pleads guilty to a felony of the fourth or fifth | 402 |
degree that is not an offense of violence or that is a qualifying | 403 |
assault offense believes that no community control sanctions are | 404 |
available for its use that, if imposed on the offender, will | 405 |
adequately fulfill the overriding principles and purposes of | 406 |
sentencing, the court shall contact the department of | 407 |
rehabilitation and correction and ask the department to provide | 408 |
the court with the names of, contact information for, and program | 409 |
details of one or more community control sanctions of at least one | 410 |
year's duration that are available for persons sentenced by the | 411 |
court. Not later than forty-five days after receipt of a request | 412 |
from a court under this division, the department shall provide the | 413 |
court with the names of, contact information for, and program | 414 |
details of one or more community control sanctions of at least one | 415 |
year's duration that are available for persons sentenced by the | 416 |
court, if any. Upon making a request under this division that | 417 |
relates to a particular offender, a court shall defer sentencing | 418 |
of that offender until it receives from the department the names | 419 |
of, contact information for, and program details of one or more | 420 |
community control sanctions of at least one year's duration that | 421 |
are available for persons sentenced by the court or for forty-five | 422 |
days, whichever is the earlier. | 423 |
If the department provides the court with the names of, | 424 |
contact information for, and program details of one or more | 425 |
community control sanctions of at least one year's duration that | 426 |
are available for persons sentenced by the court within the | 427 |
forty-five-day period specified in this division, the court shall | 428 |
impose upon the offender a community control sanction under | 429 |
division (B)(1)(a) of this section, | 430 |
that the court may impose a prison term under division (B)(1)(b) | 431 |
of this section if a factor described in division (B)(1)(b)(i) | 432 |
or (ii) of this section applies. If the department does not | 433 |
provide the court with the names of, contact information for, and | 434 |
program details of one or more community control sanctions of at | 435 |
least one year's duration that are available for persons sentenced | 436 |
by the court within the forty-five-day period specified in this | 437 |
division, the court may impose upon the offender a prison term | 438 |
under division (B)(1)(b) | 439 |
(d) A sentencing court may impose an additional penalty under | 440 |
division (B) of section 2929.15 of the Revised Code upon an | 441 |
offender sentenced to a community control sanction under division | 442 |
(B)(1)(a) of this section if the offender violates the conditions | 443 |
of the community control sanction, violates a law, or leaves the | 444 |
state without the permission of the court or the offender's | 445 |
probation officer. | 446 |
(2) If division (B)(1) of this section does not apply, except | 447 |
as provided in division (B)(3), (E), (F), or (G) of this section, | 448 |
in sentencing an offender for a felony of the fourth or fifth | 449 |
degree, the sentencing court shall determine whether any of the | 450 |
following apply: | 451 |
(a) In committing the offense, the offender caused physical | 452 |
harm to a person. | 453 |
(b) In committing the offense, the offender attempted to | 454 |
cause or made an actual threat of physical harm to a person with a | 455 |
deadly weapon. | 456 |
(c) In committing the offense, the offender attempted to | 457 |
cause or made an actual threat of physical harm to a person, and | 458 |
the offender previously was convicted of an offense that caused | 459 |
physical harm to a person. | 460 |
(d) The offender held a public office or position of trust | 461 |
and the offense related to that office or position; the offender's | 462 |
position obliged the offender to prevent the offense or to bring | 463 |
those committing it to justice; or the offender's professional | 464 |
reputation or position facilitated the offense or was likely to | 465 |
influence the future conduct of others. | 466 |
(e) The offender committed the offense for hire or as part of | 467 |
an organized criminal activity. | 468 |
(f) The offense is a sex offense that is a fourth or fifth | 469 |
degree felony violation of section 2907.03, 2907.04, 2907.05, | 470 |
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 471 |
Revised Code. | 472 |
(g) The offender at the time of the offense was serving, or | 473 |
the offender previously had served, a prison term. | 474 |
(h) The offender committed the offense while under a | 475 |
community control sanction, while on probation, or while released | 476 |
from custody on a bond or personal recognizance. | 477 |
(i) The offender committed the offense while in possession of | 478 |
a firearm. | 479 |
(3)(a) If the court makes a finding described in division | 480 |
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 481 |
section and if the court, after considering the factors set forth | 482 |
in section 2929.12 of the Revised Code, finds that a prison term | 483 |
is consistent with the purposes and principles of sentencing set | 484 |
forth in section 2929.11 of the Revised Code and finds that the | 485 |
offender is not amenable to an available community control | 486 |
sanction, the court shall impose a prison term upon the offender. | 487 |
(b) Except as provided in division (E), (F), or (G) of this | 488 |
section, if the court does not make a finding described in | 489 |
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 490 |
this section and if the court, after considering the factors set | 491 |
forth in section 2929.12 of the Revised Code, finds that a | 492 |
community control sanction or combination of community control | 493 |
sanctions is consistent with the purposes and principles of | 494 |
sentencing set forth in section 2929.11 of the Revised Code, the | 495 |
court shall impose a community control sanction or combination of | 496 |
community control sanctions upon the offender. | 497 |
(C) Except as provided in division (D), (E), (F), or (G) of | 498 |
this section, in determining whether to impose a prison term as a | 499 |
sanction for a felony of the third degree or a felony drug offense | 500 |
that is a violation of a provision of Chapter 2925. of the Revised | 501 |
Code and that is specified as being subject to this division for | 502 |
purposes of sentencing, the sentencing court shall comply with the | 503 |
purposes and principles of sentencing under section 2929.11 of the | 504 |
Revised Code and with section 2929.12 of the Revised Code. | 505 |
(D)(1) Except as provided in division (E) or (F) of this | 506 |
section, for a felony of the first or second degree, for a felony | 507 |
drug offense that is a violation of any provision of Chapter | 508 |
2925., 3719., or 4729. of the Revised Code for which a presumption | 509 |
in favor of a prison term is specified as being applicable, and | 510 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 511 |
the Revised Code for which a presumption in favor of a prison term | 512 |
is specified as being applicable, it is presumed that a prison | 513 |
term is necessary in order to comply with the purposes and | 514 |
principles of sentencing under section 2929.11 of the Revised | 515 |
Code. Division (D)(2) of this section does not apply to a | 516 |
presumption established under this division for a violation of | 517 |
division (A)(4) of section 2907.05 of the Revised Code. | 518 |
(2) Notwithstanding the presumption established under | 519 |
division (D)(1) of this section for the offenses listed in that | 520 |
division other than a violation of division (A)(4) or (B) of | 521 |
section 2907.05 of the Revised Code, the sentencing court may | 522 |
impose a community control sanction or a combination of community | 523 |
control sanctions instead of a prison term on an offender for a | 524 |
felony of the first or second degree or for a felony drug offense | 525 |
that is a violation of any provision of Chapter 2925., 3719., or | 526 |
4729. of the Revised Code for which a presumption in favor of a | 527 |
prison term is specified as being applicable if it makes both of | 528 |
the following findings: | 529 |
(a) A community control sanction or a combination of | 530 |
community control sanctions would adequately punish the offender | 531 |
and protect the public from future crime, because the applicable | 532 |
factors under section 2929.12 of the Revised Code indicating a | 533 |
lesser likelihood of recidivism outweigh the applicable factors | 534 |
under that section indicating a greater likelihood of recidivism. | 535 |
(b) A community control sanction or a combination of | 536 |
community control sanctions would not demean the seriousness of | 537 |
the offense, because one or more factors under section 2929.12 of | 538 |
the Revised Code that indicate that the offender's conduct was | 539 |
less serious than conduct normally constituting the offense are | 540 |
applicable, and they outweigh the applicable factors under that | 541 |
section that indicate that the offender's conduct was more serious | 542 |
than conduct normally constituting the offense. | 543 |
(E)(1) Except as provided in division (F) of this section, | 544 |
for any drug offense that is a violation of any provision of | 545 |
Chapter 2925. of the Revised Code and that is a felony of the | 546 |
third, fourth, or fifth degree, the applicability of a presumption | 547 |
under division (D) of this section in favor of a prison term or of | 548 |
division (B) or (C) of this section in determining whether to | 549 |
impose a prison term for the offense shall be determined as | 550 |
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 551 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 552 |
Revised Code, whichever is applicable regarding the violation. | 553 |
(2) If an offender who was convicted of or pleaded guilty to | 554 |
a felony violates the conditions of a community control sanction | 555 |
imposed for the offense solely by reason of producing positive | 556 |
results on a drug test, the court, as punishment for the violation | 557 |
of the sanction, shall not order that the offender be imprisoned | 558 |
unless the court determines on the record either of the following: | 559 |
(a) The offender had been ordered as a sanction for the | 560 |
felony to participate in a drug treatment program, in a drug | 561 |
education program, or in narcotics anonymous or a similar program, | 562 |
and the offender continued to use illegal drugs after a reasonable | 563 |
period of participation in the program. | 564 |
(b) The imprisonment of the offender for the violation is | 565 |
consistent with the purposes and principles of sentencing set | 566 |
forth in section 2929.11 of the Revised Code. | 567 |
(3) A court that sentences an offender for a drug abuse | 568 |
offense that is a felony of the third, fourth, or fifth degree may | 569 |
require that the offender be assessed by a properly credentialed | 570 |
professional within a specified period of time. The court shall | 571 |
require the professional to file a written assessment of the | 572 |
offender with the court. If the offender is eligible for a | 573 |
community control sanction and after considering the written | 574 |
assessment, the court may impose a community control sanction that | 575 |
includes treatment and recovery support services authorized by | 576 |
section 3793.02 of the Revised Code. If the court imposes | 577 |
treatment and recovery support services as a community control | 578 |
sanction, the court shall direct the level and type of treatment | 579 |
and recovery support services after considering the assessment and | 580 |
recommendation of treatment and recovery support services | 581 |
providers. | 582 |
(F) Notwithstanding divisions (A) to (E) of this section, the | 583 |
court shall impose a prison term or terms under sections 2929.02 | 584 |
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 585 |
of the Revised Code and except as specifically provided in section | 586 |
2929.20, divisions (C) to (I) of section 2967.19, or section | 587 |
2967.191 of the Revised Code or when parole is authorized for the | 588 |
offense under section 2967.13 of the Revised Code shall not reduce | 589 |
the term or terms pursuant to section 2929.20, section 2967.19, | 590 |
section 2967.193, or any other provision of Chapter 2967. or | 591 |
Chapter 5120. of the Revised Code for any of the following | 592 |
offenses: | 593 |
(1) Aggravated murder when death is not imposed or murder; | 594 |
(2) Any rape, regardless of whether force was involved and | 595 |
regardless of the age of the victim, or an attempt to commit rape | 596 |
if, had the offender completed the rape that was attempted, the | 597 |
offender would have been guilty of a violation of division | 598 |
(A)(1)(b) of section 2907.02 of the Revised Code and would be | 599 |
sentenced under section 2971.03 of the Revised Code; | 600 |
(3) Gross sexual imposition or sexual battery, if the victim | 601 |
is less than thirteen years of age and if any of the following | 602 |
applies: | 603 |
(a) Regarding gross sexual imposition, the offender | 604 |
previously was convicted of or pleaded guilty to rape, the former | 605 |
offense of felonious sexual penetration, gross sexual imposition, | 606 |
or sexual battery, and the victim of the previous offense was less | 607 |
than thirteen years of age; | 608 |
(b) Regarding gross sexual imposition, the offense was | 609 |
committed on or after August 3, 2006, and evidence other than the | 610 |
testimony of the victim was admitted in the case corroborating the | 611 |
violation. | 612 |
(c) Regarding sexual battery, either of the following | 613 |
applies: | 614 |
(i) The offense was committed prior to August 3, 2006, the | 615 |
offender previously was convicted of or pleaded guilty to rape, | 616 |
the former offense of felonious sexual penetration, or sexual | 617 |
battery, and the victim of the previous offense was less than | 618 |
thirteen years of age. | 619 |
(ii) The offense was committed on or after August 3, 2006. | 620 |
(4) A felony violation of section 2903.04, 2903.06, 2903.08, | 621 |
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the | 622 |
section requires the imposition of a prison term; | 623 |
(5) A first, second, or third degree felony drug offense for | 624 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 625 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 626 |
4729.99 of the Revised Code, whichever is applicable regarding the | 627 |
violation, requires the imposition of a mandatory prison term; | 628 |
(6) Any offense that is a first or second degree felony and | 629 |
that is not set forth in division (F)(1), (2), (3), or (4) of this | 630 |
section, if the offender previously was convicted of or pleaded | 631 |
guilty to aggravated murder, murder, any first or second degree | 632 |
felony, or an offense under an existing or former law of this | 633 |
state, another state, or the United States that is or was | 634 |
substantially equivalent to one of those offenses; | 635 |
(7) Any offense that is a third degree felony and either is a | 636 |
violation of section 2903.04 of the Revised Code or an attempt to | 637 |
commit a felony of the second degree that is an offense of | 638 |
violence and involved an attempt to cause serious physical harm to | 639 |
a person or that resulted in serious physical harm to a person if | 640 |
the offender previously was convicted of or pleaded guilty to any | 641 |
of the following offenses: | 642 |
(a) Aggravated murder, murder, involuntary manslaughter, | 643 |
rape, felonious sexual penetration as it existed under section | 644 |
2907.12 of the Revised Code prior to September 3, 1996, a felony | 645 |
of the first or second degree that resulted in the death of a | 646 |
person or in physical harm to a person, or complicity in or an | 647 |
attempt to commit any of those offenses; | 648 |
(b) An offense under an existing or former law of this state, | 649 |
another state, or the United States that is or was substantially | 650 |
equivalent to an offense listed in division (F)(7)(a) of this | 651 |
section that resulted in the death of a person or in physical harm | 652 |
to a person. | 653 |
(8) Any offense, other than a violation of section 2923.12 of | 654 |
the Revised Code, that is a felony, if the offender had a firearm | 655 |
on or about the offender's person or under the offender's control | 656 |
while committing the felony, with respect to a portion of the | 657 |
sentence imposed pursuant to division (B)(1)(a) of section 2929.14 | 658 |
of the Revised Code for having the firearm; | 659 |
(9) Any offense of violence that is a felony, if the offender | 660 |
wore or carried body armor while committing the felony offense of | 661 |
violence, with respect to the portion of the sentence imposed | 662 |
pursuant to division (B)(1)(d) of section 2929.14 of the Revised | 663 |
Code for wearing or carrying the body armor; | 664 |
(10) Corrupt activity in violation of section 2923.32 of the | 665 |
Revised Code when the most serious offense in the pattern of | 666 |
corrupt activity that is the basis of the offense is a felony of | 667 |
the first degree; | 668 |
(11) Any violent sex offense or designated homicide, assault, | 669 |
or kidnapping offense if, in relation to that offense, the | 670 |
offender is adjudicated a sexually violent predator; | 671 |
(12) A violation of division (A)(1) or (2) of section 2921.36 | 672 |
of the Revised Code, or a violation of division (C) of that | 673 |
section involving an item listed in division (A)(1) or (2) of that | 674 |
section, if the offender is an officer or employee of the | 675 |
department of rehabilitation and correction; | 676 |
(13) A violation of division (A)(1) or (2) of section 2903.06 | 677 |
of the Revised Code if the victim of the offense is a peace | 678 |
officer, as defined in section 2935.01 of the Revised Code, or an | 679 |
investigator of the bureau of criminal identification and | 680 |
investigation, as defined in section 2903.11 of the Revised Code, | 681 |
with respect to the portion of the sentence imposed pursuant to | 682 |
division (B)(5) of section 2929.14 of the Revised Code; | 683 |
(14) A violation of division (A)(1) or (2) of section 2903.06 | 684 |
of the Revised Code if the offender has been convicted of or | 685 |
pleaded guilty to three or more violations of division (A) or (B) | 686 |
of section 4511.19 of the Revised Code or an equivalent offense, | 687 |
as defined in section 2941.1415 of the Revised Code, or three or | 688 |
more violations of any combination of those divisions and | 689 |
offenses, with respect to the portion of the sentence imposed | 690 |
pursuant to division (B)(6) of section 2929.14 of the Revised | 691 |
Code; | 692 |
(15) Kidnapping, in the circumstances specified in section | 693 |
2971.03 of the Revised Code and when no other provision of | 694 |
division (F) of this section applies; | 695 |
(16) Kidnapping, abduction, compelling prostitution, | 696 |
promoting prostitution, engaging in a pattern of corrupt activity, | 697 |
illegal use of a minor in a nudity-oriented material or | 698 |
performance in violation of division (A)(1) or (2) of section | 699 |
2907.323 of the Revised Code, or endangering children in violation | 700 |
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of | 701 |
the Revised Code, if the offender is convicted of or pleads guilty | 702 |
to a specification as described in section 2941.1422 of the | 703 |
Revised Code that was included in the indictment, count in the | 704 |
indictment, or information charging the offense; | 705 |
(17) A felony violation of division (A) or (B) of section | 706 |
2919.25 of the Revised Code if division (D)(3), (4), or (5) of | 707 |
that section, and division (D)(6) of that section, require the | 708 |
imposition of a prison term; | 709 |
(18) A felony violation of section 2903.11, 2903.12, or | 710 |
2903.13 of the Revised Code, if the victim of the offense was a | 711 |
woman that the offender knew was pregnant at the time of the | 712 |
violation, with respect to a portion of the sentence imposed | 713 |
pursuant to division (B)(8) of section 2929.14 of the Revised | 714 |
Code. | 715 |
(G) Notwithstanding divisions (A) to (E) of this section, if | 716 |
an offender is being sentenced for a fourth degree felony OVI | 717 |
offense or for a third degree felony OVI offense, the court shall | 718 |
impose upon the offender a mandatory term of local incarceration | 719 |
or a mandatory prison term in accordance with the following: | 720 |
(1) If the offender is being sentenced for a fourth degree | 721 |
felony OVI offense and if the offender has not been convicted of | 722 |
and has not pleaded guilty to a specification of the type | 723 |
described in section 2941.1413 of the Revised Code, the court may | 724 |
impose upon the offender a mandatory term of local incarceration | 725 |
of sixty days or one hundred twenty days as specified in division | 726 |
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 727 |
not reduce the term pursuant to section 2929.20, 2967.193, or any | 728 |
other provision of the Revised Code. The court that imposes a | 729 |
mandatory term of local incarceration under this division shall | 730 |
specify whether the term is to be served in a jail, a | 731 |
community-based correctional facility, a halfway house, or an | 732 |
alternative residential facility, and the offender shall serve the | 733 |
term in the type of facility specified by the court. A mandatory | 734 |
term of local incarceration imposed under division (G)(1) of this | 735 |
section is not subject to any other Revised Code provision that | 736 |
pertains to a prison term except as provided in division (A)(1) of | 737 |
this section. | 738 |
(2) If the offender is being sentenced for a third degree | 739 |
felony OVI offense, or if the offender is being sentenced for a | 740 |
fourth degree felony OVI offense and the court does not impose a | 741 |
mandatory term of local incarceration under division (G)(1) of | 742 |
this section, the court shall impose upon the offender a mandatory | 743 |
prison term of one, two, three, four, or five years if the | 744 |
offender also is convicted of or also pleads guilty to a | 745 |
specification of the type described in section 2941.1413 of the | 746 |
Revised Code or shall impose upon the offender a mandatory prison | 747 |
term of sixty days or one hundred twenty days as specified in | 748 |
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 749 |
if the offender has not been convicted of and has not pleaded | 750 |
guilty to a specification of that type. Subject to divisions (C) | 751 |
to (I) of section 2967.19 of the Revised Code, the court shall not | 752 |
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or | 753 |
any other provision of the Revised Code. The offender shall serve | 754 |
the one-, two-, three-, four-, or five-year mandatory prison term | 755 |
consecutively to and prior to the prison term imposed for the | 756 |
underlying offense and consecutively to any other mandatory prison | 757 |
term imposed in relation to the offense. In no case shall an | 758 |
offender who once has been sentenced to a mandatory term of local | 759 |
incarceration pursuant to division (G)(1) of this section for a | 760 |
fourth degree felony OVI offense be sentenced to another mandatory | 761 |
term of local incarceration under that division for any violation | 762 |
of division (A) of section 4511.19 of the Revised Code. In | 763 |
addition to the mandatory prison term described in division (G)(2) | 764 |
of this section, the court may sentence the offender to a | 765 |
community control sanction under section 2929.16 or 2929.17 of the | 766 |
Revised Code, but the offender shall serve the prison term prior | 767 |
to serving the community control sanction. The department of | 768 |
rehabilitation and correction may place an offender sentenced to a | 769 |
mandatory prison term under this division in an intensive program | 770 |
prison established pursuant to section 5120.033 of the Revised | 771 |
Code if the department gave the sentencing judge prior notice of | 772 |
its intent to place the offender in an intensive program prison | 773 |
established under that section and if the judge did not notify the | 774 |
department that the judge disapproved the placement. Upon the | 775 |
establishment of the initial intensive program prison pursuant to | 776 |
section 5120.033 of the Revised Code that is privately operated | 777 |
and managed by a contractor pursuant to a contract entered into | 778 |
under section 9.06 of the Revised Code, both of the following | 779 |
apply: | 780 |
(a) The department of rehabilitation and correction shall | 781 |
make a reasonable effort to ensure that a sufficient number of | 782 |
offenders sentenced to a mandatory prison term under this division | 783 |
are placed in the privately operated and managed prison so that | 784 |
the privately operated and managed prison has full occupancy. | 785 |
(b) Unless the privately operated and managed prison has full | 786 |
occupancy, the department of rehabilitation and correction shall | 787 |
not place any offender sentenced to a mandatory prison term under | 788 |
this division in any intensive program prison established pursuant | 789 |
to section 5120.033 of the Revised Code other than the privately | 790 |
operated and managed prison. | 791 |
(H) If an offender is being sentenced for a sexually oriented | 792 |
offense or child-victim oriented offense that is a felony | 793 |
committed on or after January 1, 1997, the judge shall require the | 794 |
offender to submit to a DNA specimen collection procedure pursuant | 795 |
to section 2901.07 of the Revised Code. | 796 |
(I) If an offender is being sentenced for a sexually oriented | 797 |
offense or a child-victim oriented offense committed on or after | 798 |
January 1, 1997, the judge shall include in the sentence a summary | 799 |
of the offender's duties imposed under sections 2950.04, 2950.041, | 800 |
2950.05, and 2950.06 of the Revised Code and the duration of the | 801 |
duties. The judge shall inform the offender, at the time of | 802 |
sentencing, of those duties and of their duration. If required | 803 |
under division (A)(2) of section 2950.03 of the Revised Code, the | 804 |
judge shall perform the duties specified in that section, or, if | 805 |
required under division (A)(6) of section 2950.03 of the Revised | 806 |
Code, the judge shall perform the duties specified in that | 807 |
division. | 808 |
(J)(1) Except as provided in division (J)(2) of this section, | 809 |
when considering sentencing factors under this section in relation | 810 |
to an offender who is convicted of or pleads guilty to an attempt | 811 |
to commit an offense in violation of section 2923.02 of the | 812 |
Revised Code, the sentencing court shall consider the factors | 813 |
applicable to the felony category of the violation of section | 814 |
2923.02 of the Revised Code instead of the factors applicable to | 815 |
the felony category of the offense attempted. | 816 |
(2) When considering sentencing factors under this section in | 817 |
relation to an offender who is convicted of or pleads guilty to an | 818 |
attempt to commit a drug abuse offense for which the penalty is | 819 |
determined by the amount or number of unit doses of the controlled | 820 |
substance involved in the drug abuse offense, the sentencing court | 821 |
shall consider the factors applicable to the felony category that | 822 |
the drug abuse offense attempted would be if that drug abuse | 823 |
offense had been committed and had involved an amount or number of | 824 |
unit doses of the controlled substance that is within the next | 825 |
lower range of controlled substance amounts than was involved in | 826 |
the attempt. | 827 |
(K) As used in this section | 828 |
(1) "Drug abuse offense" has the same meaning as in section | 829 |
2925.01 of the Revised Code. | 830 |
(2) "Qualifying assault offense" means a violation of section | 831 |
2903.13 of the Revised Code for which the penalty provision in | 832 |
division (C)(7)(b) or (C)(8)(b) of that section applies. | 833 |
(L) At the time of sentencing an offender for any sexually | 834 |
oriented offense, if the offender is a tier III sex | 835 |
offender/child-victim offender relative to that offense and the | 836 |
offender does not serve a prison term or jail term, the court may | 837 |
require that the offender be monitored by means of a global | 838 |
positioning device. If the court requires such monitoring, the | 839 |
cost of monitoring shall be borne by the offender. If the offender | 840 |
is indigent, the cost of compliance shall be paid by the crime | 841 |
victims reparations fund. | 842 |
Sec. 3727.18. (A) Any hospital may post the notice described | 843 |
in division (B) of this section in accordance with this division. | 844 |
A hospital that decides to post the notice shall consider posting | 845 |
it in a conspicuous location in all of the following areas: | 846 |
(1) Major waiting room areas, including the waiting room | 847 |
areas of the emergency department, the labor and delivery | 848 |
department, the surgical department or unit, and the intensive | 849 |
care unit; | 850 |
(2) The main entrance to the hospital; | 851 |
(3) Any other area that the hospital determines to be | 852 |
appropriate. | 853 |
(B) A notice posted pursuant to division (A) of this section | 854 |
shall include, at a minimum, all of the following statements and | 855 |
information: | 856 |
857 | |
858 | |
859 | |
860 | |
861 | |
862 | |
863 | |
864 | |
Section 2. That existing sections 2903.13 and 2929.13 of the | 865 |
Revised Code are hereby repealed. | 866 |