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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 236
2025-2026
Representative Williams
To
amend sections 2152.17
,
2911.21
,
2917.02, and 2929.14 and to enact
sections
2917.10 and
2941.1427
of the Revised Code
to
prohibit masked harassment and masked trespassing, to modify the
offense of aggravated riot when the offender is wearing a mask or
disguise or is otherwise concealing or attempting to conceal the
offender's face, and to require an additional prison term of one year
for an offender who is convicted of or pleads guilty to a felony if
the offender is convicted of or pleads guilty to a specification that
the offender wore a mask or disguise or otherwise concealed or
attempted to conceal the offender's face in commission of the
offense.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2152.17
,
2911.21
,
2917.02, and 2929.14 be amended and
sections
2917.10 and
2941.1427
of the Revised Code be enacted to read as follows:
Sec.
2152.17.
(A)
Subject to division (D) of this section, if a child is adjudicated a
delinquent child for committing an act, other than a violation of
section 2923.12 of the Revised Code, that would be a felony if
committed by an adult and if the court determines that, if the child
was an adult, the child would be guilty of a specification of the
type set forth in section 2941.141, 2941.144, 2941.145, 2941.146,
2941.1412, 2941.1414,
or
2941.1415
,
or 2941.1427
of the Revised Code, in addition to any commitment or other
disposition the court imposes for the underlying delinquent act, all
of the following apply:
(1)
If the court determines that the child would be guilty of a
specification of the type set forth in section 2941.141
or 2941.1427
of the Revised Code, the court may commit the child to the department
of youth services for the specification for a definite period of up
to one year.
(2)
If the court determines that the child would be guilty of a
specification of the type set forth in section 2941.145 of the
Revised Code or if the delinquent act is a violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code and the court
determines that the child would be guilty of a specification of the
type set forth in section 2941.1415 of the Revised Code, the court
shall commit the child to the department of youth services for the
specification for a definite period of not less than one and not more
than three years, and the court also shall commit the child to the
department for the underlying delinquent act under sections 2152.11
to 2152.16 of the Revised Code.
(3)
If the court determines that the child would be guilty of a
specification of the type set forth in section 2941.144, 2941.146, or
2941.1412 of the Revised Code or if the delinquent act is a violation
of division (A)(1) or (2) of section 2903.06 of the Revised Code and
the court determines that the child would be guilty of a
specification of the type set forth in section 2941.1414 of the
Revised Code, the court shall commit the child to the department of
youth services for the specification for a definite period of not
less than one and not more than five years, and the court also shall
commit the child to the department for the underlying delinquent act
under sections 2152.11 to 2152.16 of the Revised Code.
(B)(1)
If a child is adjudicated a delinquent child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that
would be a felony if committed by an adult, if the court determines
that the child is complicit in another person's conduct that is of
such a nature that the other person would be guilty of a
specification of the type set forth in section 2941.141, 2941.144,
2941.145, or 2941.146 of the Revised Code if the other person was an
adult, if the other person's conduct relates to the child's
underlying delinquent act, and if the child did not furnish, use, or
dispose of any firearm that was involved with the underlying
delinquent act or with the other person's specification-related
conduct, in addition to any other disposition the court imposes for
the underlying delinquent act, the court may commit the child to the
department of youth services for the specification for a definite
period of not more than one year, subject to division (D)(2) of this
section.
(2)
Except as provided in division (B)(1) of this section, division (A)
of this section also applies to a child who is an accomplice
regarding a specification of the type set forth in section 2941.1412,
2941.1414,
or
2941.1415
,
or 2941.1427
of the Revised Code to the same extent the specifications would apply
to an adult accomplice in a criminal proceeding.
(C)
If a child is adjudicated a delinquent child for committing an act
that would be aggravated murder, murder, or a first, second, or third
degree felony offense of violence if committed by an adult and if the
court determines that, if the child was an adult, the child would be
guilty of a specification of the type set forth in section 2941.142
of the Revised Code in relation to the act for which the child was
adjudicated a delinquent child, the court shall commit the child for
the specification to the legal custody of the department of youth
services for institutionalization in a secure facility for a definite
period of not less than one and not more than three years, subject to
division (D)(2) of this section, and the court also shall commit the
child to the department for the underlying delinquent act.
(D)(1)
If the child is adjudicated a delinquent child for committing an act
that would be an offense of violence that is a felony if committed by
an adult and is committed to the legal custody of the department of
youth services pursuant to division (A)(1) of section 2152.16 of the
Revised Code and if the court determines that the child, if the child
was an adult, would be guilty of a specification of the type set
forth in section 2941.1411 of the Revised Code in relation to the act
for which the child was adjudicated a delinquent child, the court may
commit the child to the custody of the department of youth services
for institutionalization in a secure facility for up to two years,
subject to division (D)(2) of this section.
(2)
A court that imposes a period of commitment under division (A) of
this section is not precluded from imposing an additional period of
commitment under division (C) or (D)(1) of this section, a court that
imposes a period of commitment under division (C) of this section is
not precluded from imposing an additional period of commitment under
division (A) or (D)(1) of this section, and a court that imposes a
period of commitment under division (D)(1) of this section is not
precluded from imposing an additional period of commitment under
division (A) or (C) of this section.
(E)
The court shall not commit a child to the legal custody of the
department of youth services for a specification pursuant to this
section for a period that exceeds five years for any one delinquent
act. Any commitment imposed pursuant to division (A), (B), (C), or
(D)(1) of this section shall be in addition to, and shall be served
consecutively with and prior to, a period of commitment ordered under
this chapter for the underlying delinquent act, and each commitment
imposed pursuant to division (A), (B), (C), or (D)(1) of this section
shall be in addition to, and shall be served consecutively with, any
other period of commitment imposed under those divisions. If a
commitment is imposed under division (A) or (B) of this section and a
commitment also is imposed under division (C) of this section, the
period imposed under division (A) or (B) of this section shall be
served prior to the period imposed under division (C) of this
section.
In
each case in which a court makes a disposition under this section,
the court retains control over the commitment for the entire period
of the commitment.
The
total of all the periods of commitment imposed for any specification
under this section and for the underlying offense shall not exceed
the child's attainment of twenty-one years of age.
(F)
If a child is adjudicated a delinquent child for committing two or
more acts that would be felonies if committed by an adult and if the
court entering the delinquent child adjudication orders the
commitment of the child for two or more of those acts to the legal
custody of the department of youth services for institutionalization
in a secure facility pursuant to section 2152.13 or 2152.16 of the
Revised Code, the court may order that all of the periods of
commitment imposed under those sections for those acts be served
consecutively in the legal custody of the department of youth
services, provided that those periods of commitment shall be in
addition to and commence immediately following the expiration of a
period of commitment that the court imposes pursuant to division (A),
(B), (C), or (D)(1) of this section. A court shall not commit a
delinquent child to the legal custody of the department of youth
services under this division for a period that exceeds the child's
attainment of twenty-one years of age.
Sec.
2911.21.
(A)
No person, without privilege to do so, shall do any of the following:
(1)
Knowingly enter or remain on the land or premises of another;
(2)
Knowingly enter or remain on the land or premises of another, the use
of which is lawfully restricted to certain persons, purposes, modes,
or hours, when the offender knows the offender is in violation of any
such restriction or is reckless in that regard;
(3)
Recklessly enter or remain on the land or premises of another, as to
which notice against unauthorized access or presence is given by
actual communication to the offender, or in a manner prescribed by
law, or by posting in a manner reasonably calculated to come to the
attention of potential intruders, or by fencing or other enclosure
manifestly designed to restrict access;
(4)
Being on the land or premises of another, negligently fail or refuse
to leave upon being notified by signage posted in a conspicuous place
or otherwise being notified to do so by the owner or occupant, or the
agent or servant of either;
(5)
Knowingly enter or remain on a critical infrastructure facility
;
(6)
Knowingly enter or remain on the land or premises of another, with
the purpose to harass, intimidate, abuse, threaten, or cause mental
distress to any person or group of persons on the premises
.
(B)
It is no defense to a charge under this section that the land or
premises involved was owned, controlled, or in custody of a public
agency.
(C)
It is no defense to a charge under this section that the offender was
authorized to enter or remain on the land or premises involved, when
such authorization was secured by deception.
(D)(1)
Whoever violates this section is guilty of criminal trespass.
Criminal trespass in violation of division (A)(1), (2), (3), or (4)
of this section is a misdemeanor of the fourth degree. Criminal
trespass in violation of division (A)(5)
or
(6)
of
this section is a misdemeanor of the first degree.
(2)
Notwithstanding section 2929.28 of the Revised Code, if the person,
in committing the violation of this section, used a snowmobile,
off-highway motorcycle, or all-purpose vehicle, the court shall
impose a fine of two times the usual amount imposed for the
violation.
(3)
If an offender previously has been convicted of or pleaded guilty to
two or more violations of this section or a substantially equivalent
municipal ordinance, and the offender, in committing each violation,
used a snowmobile, off-highway motorcycle, or all-purpose vehicle,
the court, in addition to or independent of all other penalties
imposed for the violation, may impound the certificate of
registration of that snowmobile or off-highway motorcycle or the
certificate of registration and license plate of that all-purpose
vehicle for not less than sixty days. In such a case, section 4519.47
of the Revised Code applies.
(E)
Notwithstanding any provision of the Revised Code, if the offender,
in committing the violation of this section, used an all-purpose
vehicle, the clerk of the court shall pay the fine imposed pursuant
to this section to the state recreational vehicle fund created by
section 4519.11 of the Revised Code.
(F)
As used in this section:
(1)
"All-purpose vehicle," "off-highway motorcycle,"
and "snowmobile" have the same meanings as in section
4519.01 of the Revised Code.
(2)
"Land or premises" includes any land, building, structure,
or place belonging to, controlled by, or in custody of another, and
any separate enclosure or room, or portion thereof.
(3)
"Production operation," "well," and "well
pad" have the same meanings as in section 1509.01 of the Revised
Code.
(4)
"Critical infrastructure facility" means:
(a)
One of the following, if completely enclosed by a fence or other
physical barrier that is obviously designed to exclude intruders, or
if clearly marked with signs that are reasonably likely to come to
the attention of potential intruders and that indicate entry is
forbidden without site authorization:
(i)
A petroleum or alumina refinery;
(ii)
An electric generating facility, substation, switching station,
electrical control center, or electric transmission and distribution
lines and associated equipment;
(iii)
A chemical, polymer, or rubber manufacturing facility;
(iv)
A water intake structure, water treatment facility, waste water
facility, drainage facility, water management facility, or any
similar water or sewage treatment system and its water and sewage
piping;
(v)
A natural gas company facility or interstate natural gas pipeline,
including a pipeline interconnection, a natural gas compressor
station and associated facilities, city gate or town border station,
metering station, above-ground piping, regulator station, valve site,
delivery station, fabricated assembly, or any other part of a natural
gas storage facility involved in the gathering, storage,
transmission, or distribution of gas;
(vi)
A telecommunications central switching office or remote switching
facility or an equivalent network facility that serves a similar
purpose;
(vii)
Wireline or wireless telecommunications infrastructure, including
telecommunications towers and telephone poles and lines, including
fiber optic lines;
(viii)
A port, trucking terminal, or other freight transportation facility;
(ix)
A gas processing plant, including a plant used in the processing,
treatment, or fractionation of natural gas or natural gas liquids;
(x)
A transmission facility used by a federally licensed radio or
television station;
(xi)
A steel-making facility that uses an electric arc furnace to make
steel;
(xii)
A facility identified and regulated by the United States department
of homeland security's chemical facility anti-terrorism standards
program under 6 C.F.R. part 27;
(xiii)
A dam that is regulated by the state or federal government;
(xiv)
A crude oil or refined products storage and distribution facility,
including valve sites, pipeline interconnections, pump station,
metering station, below- or above-ground pipeline, or piping and
truck loading or off-loading facility;
(xv)
A video service network and broadband infrastructure, including
associated buildings and facilities, video service headends, towers,
utility poles, and utility lines such as fiber optic lines. As used
in this division, "video service network" has the same
meaning as in section 1332.21 of the Revised Code.
(xvi)
Any above-ground portion of an oil, gas, hazardous liquid or chemical
pipeline, tank, or other storage facility;
(xvii)
Any above-ground portion of a well, well pad, or production
operation;
(xviii)
A laydown area or construction site for pipe and other equipment
intended for use on an interstate or intrastate natural gas or crude
oil pipeline;
(xix)
Any mining operation, including any processing equipment, batching
operation, or support facility for that mining operation.
(b)
With respect to a video service network or broadband or wireless
telecommunications infrastructure, the above-ground portion of a
facility installed in a public right-of-way on a utility pole or in a
conduit;
(c)
Any railroad property;
(d)
An electronic asset of any of the following:
(i)
An electric light company that is a public utility under section
4905.02 of the Revised Code;
(ii)
An electric cooperative, as defined in section 4928.01 of the Revised
Code;
(iii)
A municipal electric utility, as defined in section 4928.01 of the
Revised Code;
(iv)
A natural gas company that is a public utility under section 4905.02
of the Revised Code;
(v)
A telephone company that is a public utility under section 4905.02 of
the Revised Code;
(vi)
A video service provider, including a cable operator, as those terms
are defined in section 1332.21 of the Revised Code.
(5)
"Electronic asset" includes, but is not limited to, the
hardware, software, and data of a programmable electronic device; all
communications, operations, and customer data networks; and the
contents of those data networks.
Sec.
2917.02.
(A)
No person shall participate with four or more others in a course of
disorderly conduct in violation of section 2917.11 of the Revised
Code:
(1)
With purpose to commit or facilitate the commission of a felony;
(2)
With purpose to commit or facilitate the commission of any offense of
violence;
(3)
When the offender or any participant to the knowledge of the offender
has on or about the offender's or participant's person or under the
offender's or participant's control, uses, or intends to use a deadly
weapon or dangerous ordnance, as defined in section 2923.11 of the
Revised Code.
(B)(1)
No person, being an inmate in a detention facility, shall violate
division (A)(1) or (3) of this section.
(2)
No person, being an inmate in a detention facility, shall violate
division (A)(2) of this section or section 2917.03 of the Revised
Code.
(C)
(C)(1)
No
person shall participate with four or more others in a course of
disorderly conduct in violation of division (A)(4) of section 2917.11
of the Revised Code while wearing a mask or other disguise or while
otherwise concealing or attempting to conceal the person's face.
(2)
No person shall participate with four or more others in a course of
disorderly conduct in violation of division (A)(4) of section 2917.11
of the Revised Code with purpose to commit or facilitate an offense
of violence while wearing a mask or other disguise or while otherwise
concealing or attempting to conceal the person's face.
(D)
Whoever
violates this section is guilty of aggravated riot. A violation of
division (A)(1) or (3)
or
(C)(1)
of
this section is a felony of the fifth degree. A violation of division
(A)(2) or (B)(1) of this section is a felony of the fourth degree. A
violation of division (B)(2)
or
(C)(2)
of
this section is a felony of the third degree.
(D)
(E)
As
used in this section, "detention facility" has the same
meaning as in section 2921.01 of the Revised Code.
Sec.
2917.10.
(A)
No person shall purposely harass, intimidate, abuse, or threaten
another person while wearing a mask or other device that hides or
conceals the person's face or identity of the person for the purpose
of placing another person or group in reasonable fear of physical
harm or mental distress.
(B)
Whoever violates this section is guilty of masked harassment, a
misdemeanor of the first degree.
Sec.
2929.14.
(A)
Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4),
(B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11),
(B)(12),
(E), (G), (H), (J), or (K) of this section or in division (D)(6) of
section 2919.25 of the Revised Code and except in relation to an
offense for which a sentence of death or life imprisonment is to be
imposed, if the court imposing a sentence upon an offender for a
felony elects or is required to impose a prison term on the offender
pursuant to this chapter, the court shall impose a prison term that
shall be one of the following:
(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.
(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.
(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.
(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.
(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2919.25, or 3795.04 of the Revised Code, that is a
violation of division (A) of section 4511.19 of the Revised Code if
the offender previously has been convicted of or pleaded guilty to a
violation of division (A) of that section that was a felony, that is
a violation of section 2911.02 or 2911.12 of the Revised Code if the
offender previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or that is
a violation of division (B) of section 2921.331 of the Revised Code
if division (C)(5) of that section applies, the prison term shall be
a definite term of twelve, eighteen, twenty-four, thirty, thirty-six,
forty-two, forty-eight, fifty-four, or sixty months.
(b)
For a felony of the third degree that is not an offense for which
division (A)(3)(a) of this section applies, the prison term shall be
a definite term of nine, twelve, eighteen, twenty-four, thirty, or
thirty-six months.
(4)
For a felony of the fourth degree, the prison term shall be a
definite term of six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5)
For a felony of the fifth degree, the prison term shall be a definite
term of six, seven, eight, nine, ten, eleven, or twelve months.
(B)(1)(a)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a felony also is
convicted of or pleads guilty to a specification of the type
described in section 2941.141, 2941.144, or 2941.145 of the Revised
Code, the court shall impose on the offender one of the following
prison terms:
(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;
(ii)
A prison term of three years if the specification is of the type
described in division (A) of section 2941.145 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;
(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;
(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;
(v)
A prison term of fifty-four months if the specification is of the
type described in division (D) of section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using the
firearm to facilitate the offense and that the offender previously
has been convicted of or pleaded guilty to a specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;
(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code.
(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.
(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.
(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.
(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.
(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.
(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:
(i)
The offender previously has been convicted of aggravated murder,
murder, or any felony of the first or second degree.
(ii)
Less than five years have passed since the offender was released from
prison or post-release control, whichever is later, for the prior
offense.
(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code.
(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.
(g)
If an offender is convicted of or pleads guilty to two or more
felonies, if one or more of those felonies are aggravated murder,
murder, attempted aggravated murder, attempted murder, aggravated
robbery, felonious assault, or rape, and if the offender is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(a) of this section in connection with two or more of
the felonies, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(a) of this section for
each of the two most serious specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:
(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.
(ii)
The offense of which the offender currently is convicted or to which
the offender currently pleads guilty is aggravated murder and the
court does not impose a sentence of death or life imprisonment
without parole, murder, terrorism and the court does not impose a
sentence of life imprisonment without parole, any felony of the first
degree that is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of the
second degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat to
cause serious physical harm to a person or resulted in serious
physical harm to a person.
(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.
(iv)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are inadequate to punish the offender and protect
the public from future crime, because the applicable factors under
section 2929.12 of the Revised Code indicating a greater likelihood
of recidivism outweigh the applicable factors under that section
indicating a lesser likelihood of recidivism.
(v)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are demeaning to the seriousness of the offense,
because one or more of the factors under section 2929.12 of the
Revised Code indicating that the offender's conduct is more serious
than conduct normally constituting the offense are present, and they
outweigh the applicable factors under that section indicating that
the offender's conduct is less serious than conduct normally
constituting the offense.
(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:
(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.
(ii)
The offender within the preceding twenty years has been convicted of
or pleaded guilty to three or more offenses described in division
(CC)(1) of section 2929.01 of the Revised Code, including all
offenses described in that division of which the offender is
convicted or to which the offender pleads guilty in the current
prosecution and all offenses described in that division of which the
offender previously has been convicted or to which the offender
previously pleaded guilty, whether prosecuted together or separately.
(iii)
The offense or offenses of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated murder
and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does not
impose a sentence of life imprisonment without parole, any felony of
the first degree that is an offense of violence and the court does
not impose a sentence of life imprisonment without parole, or any
felony of the second degree that is an offense of violence and the
trier of fact finds that the offense involved an attempt to cause or
a threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.
(c)
For purposes of division (B)(2)(b) of this section, two or more
offenses committed at the same time or as part of the same act or
event shall be considered one offense, and that one offense shall be
the offense with the greatest penalty.
(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.
(e)
When imposing a sentence pursuant to division (B)(2)(a) or (b) of
this section, the court shall state its findings explaining the
imposed sentence.
(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.
(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.
If
the offender is being sentenced for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised Code
and the court imposes a mandatory term of local incarceration, the
court may impose a prison term as described in division (A)(1) of
that section.
(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.
(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.
(7)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323 involving a minor, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code
and also is convicted of or pleads guilty to a specification of the
type described in section 2941.1422 of the Revised Code that charges
that the offender knowingly committed the offense in furtherance of
human trafficking, the court shall impose on the offender a mandatory
prison term that is one of the following:
(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;
(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;
(iii)
If the offense is a felony of the fourth or fifth degree, a definite
prison term that is the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code.
(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.
(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a mandatory
term that is one of the terms prescribed in that division, whichever
is applicable, for the offense.
(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:
(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;
(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.
(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.
(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."
(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under ten years of age
at the time of the offense, regardless of whether the offender knew
the age of the victim, the court shall impose upon the offender an
additional definite prison term of six years. A prison term imposed
on an offender under division (B)(10) of this section shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division relative to
a violation of division (A) of section 2903.11 of the Revised Code,
the court shall not impose any other additional prison term on the
offender relative to the same offense.
(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(11) of
this section for felonies committed as part of the same act.
(12)
If an offender who is convicted of or pleads guilty to a felony also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1427 of the Revised Code that charges the
offender with wearing a mask or disguise or otherwise concealing or
attempting to conceal the offender's face while committing the felony
offense, the court shall impose on the offender an additional prison
term of one year. The prison term so imposed shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(12) of this section
for felonies committed as part of the same act or transaction.
(C)(1)(a)
Subject to division (C)(1)(b) of this section, if a mandatory prison
term is imposed upon an offender pursuant to division (B)(1)(a) of
this section for having a firearm on or about the offender's person
or under the offender's control while committing a felony, if a
mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(c) of this section for committing a felony specified
in that division by discharging a firearm from a motor vehicle, or if
both types of mandatory prison terms are imposed, the offender shall
serve any mandatory prison term imposed under either division
consecutively to any other mandatory prison term imposed under either
division or under division (B)(1)(d) of this section, consecutively
to and prior to any prison term imposed for the underlying felony
pursuant to division (A), (B)(2), or (B)(3) of this section or any
other section of the Revised Code, and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(b)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(d) of this section for wearing or carrying body armor
while committing an offense of violence that is a felony, the
offender shall serve the mandatory term so imposed consecutively to
any other mandatory prison term imposed under that division or under
division (B)(1)(a) or (c) of this section, consecutively to and prior
to any prison term imposed for the underlying felony under division
(A), (B)(2), or (B)(3) of this section or any other section of the
Revised Code, and consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.
(c)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(f) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to and prior to any
prison term imposed for the underlying felony under division (A),
(B)(2), or (B)(3) of this section or any other section of the Revised
Code, and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.
(d)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(7) or (8) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to any other mandatory
prison term imposed under that division or under any other provision
of law and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.
(e)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(11) of this section, the offender shall serve the
mandatory prison term consecutively to any other mandatory prison
term imposed under that division, consecutively to and prior to any
prison term imposed for the underlying felony, and consecutively to
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(2)
If an offender who is an inmate in a jail, prison, or other
residential detention facility violates section 2917.02, 2917.03, or
2921.35 of the Revised Code or division (A)(1) or (2) of section
2921.34 of the Revised Code, if an offender who is under detention at
a detention facility commits a felony violation of section 2923.131
of the Revised Code, or if an offender who is an inmate in a jail,
prison, or other residential detention facility or is under detention
at a detention facility commits another felony while the offender is
an escapee in violation of division (A)(1) or (2) of section 2921.34
of the Revised Code, any prison term imposed upon the offender for
one of those violations shall be served by the offender consecutively
to the prison term or term of imprisonment the offender was serving
when the offender committed that offense and to any other prison term
previously or subsequently imposed upon the offender.
(3)
If a prison term is imposed for a violation of division (B) of
section 2911.01 of the Revised Code, a violation of division (A) of
section 2913.02 of the Revised Code in which the stolen property is a
firearm or dangerous ordnance, or a felony violation of division (B)
of section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.
(4)
If multiple prison terms are imposed on an offender for convictions
of multiple offenses, the court may require the offender to serve the
prison terms consecutively if the court finds that the consecutive
service is necessary to protect the public from future crime or to
punish the offender and that consecutive sentences are not
disproportionate to the seriousness of the offender's conduct and to
the danger the offender poses to the public, and if the court also
finds any of the following:
(a)
The offender committed one or more of the multiple offenses while the
offender was awaiting trial or sentencing, was under a sanction
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, or was under post-release control for a prior offense.
(b)
At least two of the multiple offenses were committed as part of one
or more courses of conduct, and the harm caused by two or more of the
multiple offenses so committed was so great or unusual that no single
prison term for any of the offenses committed as part of any of the
courses of conduct adequately reflects the seriousness of the
offender's conduct.
(c)
The offender's history of criminal conduct demonstrates that
consecutive sentences are necessary to protect the public from future
crime by the offender.
(5)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(5) or (6) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A) of this
section or section 2929.142 of the Revised Code. If a mandatory
prison term is imposed upon an offender pursuant to division (B)(5)
of this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (B)(6) of this section in relation
to the same violation, the offender shall serve the mandatory prison
term imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to and
prior to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of the
Revised Code.
(6)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(9) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.11 of the Revised Code and consecutively to and prior to
any other prison term or mandatory prison term previously or
subsequently imposed on the offender.
(7)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(10) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying felonious assault. Except as otherwise
provided in division (C) of this section, any other prison term or
mandatory prison term previously or subsequently imposed upon the
offender may be served concurrently with, or consecutively to, the
prison term imposed pursuant to division (B)(10) of this section.
(8)
Any prison term imposed for a violation of section 2903.04 of the
Revised Code that is based on a violation of section 2925.03 or
2925.11 of the Revised Code or on a violation of section 2925.05 of
the Revised Code that is not funding of marihuana trafficking shall
run consecutively to any prison term imposed for the violation of
section 2925.03 or 2925.11 of the Revised Code or for the violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking.
(9)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.
(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.
(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.
(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.
(2)
If a court imposes a prison term for a felony of the third, fourth,
or fifth degree that is not subject to division (D)(1) of this
section, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with that
division, if the parole board determines that a period of
post-release control is necessary. Section 2929.191 of the Revised
Code applies if, prior to July 11, 2006, a court imposed a sentence
including a prison term of a type described in this division and
failed to include in the sentence pursuant to this division a
statement regarding post-release control.
(E)
The court shall impose sentence upon the offender in accordance with
section 2971.03 of the Revised Code, and Chapter 2971. of the Revised
Code applies regarding the prison term or term of life imprisonment
without parole imposed upon the offender and the service of that term
of imprisonment if any of the following apply:
(1)
A person is convicted of or pleads guilty to a violent sex offense or
a designated homicide, assault, or kidnapping offense, and, in
relation to that offense, the offender is adjudicated a sexually
violent predator.
(2)
A person is convicted of or pleads guilty to a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after January 2, 2007, and either the court does not impose a
sentence of life without parole when authorized pursuant to division
(B) of section 2907.02 of the Revised Code, or division (B) of
section 2907.02 of the Revised Code provides that the court shall not
sentence the offender pursuant to section 2971.03 of the Revised
Code.
(3)
A person is convicted of or pleads guilty to attempted rape committed
on or after January 2, 2007, and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(4)
A person is convicted of or pleads guilty to a violation of section
2905.01 of the Revised Code committed on or after January 1, 2008,
and that section requires the court to sentence the offender pursuant
to section 2971.03 of the Revised Code.
(5)
A person is convicted of or pleads guilty to aggravated murder
committed on or after January 1, 2008, and division (A)(2)(b)(ii) of
section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or
division (A) or (B) of section 2929.06 of the Revised Code requires
the court to sentence the offender pursuant to division (B)(3) of
section 2971.03 of the Revised Code.
(6)
A person is convicted of or pleads guilty to murder committed on or
after January 1, 2008, and division (B)(2) of section 2929.02 of the
Revised Code requires the court to sentence the offender pursuant to
section 2971.03 of the Revised Code.
(F)
If a person who has been convicted of or pleaded guilty to a felony
is sentenced to a prison term or term of imprisonment under this
section, sections 2929.02 to 2929.06 of the Revised Code, section
2929.142 of the Revised Code, section 2971.03 of the Revised Code, or
any other provision of law, section 5120.163 of the Revised Code
applies regarding the person while the person is confined in a state
correctional institution.
(G)
If an offender who is convicted of or pleads guilty to a felony that
is an offense of violence also is convicted of or pleads guilty to a
specification of the type described in section 2941.142 of the
Revised Code that charges the offender with having committed the
felony while participating in a criminal gang, the court shall impose
upon the offender an additional prison term of one, two, or three
years.
(H)(1)
If an offender who is convicted of or pleads guilty to aggravated
murder, murder, or a felony of the first, second, or third degree
that is an offense of violence also is convicted of or pleads guilty
to a specification of the type described in section 2941.143 of the
Revised Code that charges the offender with having committed the
offense in a school safety zone or towards a person in a school
safety zone, the court shall impose upon the offender an additional
prison term of two years. The offender shall serve the additional two
years consecutively to and prior to the prison term imposed for the
underlying offense.
(2)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code
and to a specification of the type described in section 2941.1421 of
the Revised Code and if the court imposes a prison term on the
offender for the felony violation, the court may impose upon the
offender an additional prison term as follows:
(i)
Subject to division (H)(2)(a)(ii) of this section, an additional
prison term of one, two, three, four, five, or six months;
(ii)
If the offender previously has been convicted of or pleaded guilty to
one or more felony or misdemeanor violations of section 2907.22,
2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and also
was convicted of or pleaded guilty to a specification of the type
described in section 2941.1421 of the Revised Code regarding one or
more of those violations, an additional prison term of one, two,
three, four, five, six, seven, eight, nine, ten, eleven, or twelve
months.
(b)
In lieu of imposing an additional prison term under division
(H)(2)(a) of this section, the court may directly impose on the
offender a sanction that requires the offender to wear a real-time
processing, continual tracking electronic monitoring device during
the period of time specified by the court. The period of time
specified by the court shall equal the duration of an additional
prison term that the court could have imposed upon the offender under
division (H)(2)(a) of this section. A sanction imposed under this
division shall commence on the date specified by the court, provided
that the sanction shall not commence until after the offender has
served the prison term imposed for the felony violation of section
2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section 2929.16
of the Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of section
2929.15 of the Revised Code, and all provisions of the Revised Code
that pertain to community control sanctions shall apply to a sanction
imposed under this division, except to the extent that they would by
their nature be clearly inapplicable. The offender shall pay all
costs associated with a sanction imposed under this division,
including the cost of the use of the monitoring device.
(I)
At the time of sentencing, the court may recommend the offender for
placement in a program of shock incarceration under section 5120.031
of the Revised Code or for placement in an intensive program prison
under section 5120.032 of the Revised Code, disapprove placement of
the offender in a program of shock incarceration or an intensive
program prison of that nature, or make no recommendation on placement
of the offender. In no case shall the department of rehabilitation
and correction place the offender in a program or prison of that
nature unless the department determines as specified in section
5120.031 or 5120.032 of the Revised Code, whichever is applicable,
that the offender is eligible for the placement.
If
the court disapproves placement of the offender in a program or
prison of that nature, the department of rehabilitation and
correction shall not place the offender in any program of shock
incarceration or intensive program prison.
If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison, and if the offender
is subsequently placed in the recommended program or prison, the
department shall notify the court of the placement and shall include
with the notice a brief description of the placement.
If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison and the department
does not subsequently place the offender in the recommended program
or prison, the department shall send a notice to the court indicating
why the offender was not placed in the recommended program or prison.
If
the court does not make a recommendation under this division with
respect to an offender and if the department determines as specified
in section 5120.031 or 5120.032 of the Revised Code, whichever is
applicable, that the offender is eligible for placement in a program
or prison of that nature, the department shall screen the offender
and determine if there is an available program of shock incarceration
or an intensive program prison for which the offender is suited. If
there is an available program of shock incarceration or an intensive
program prison for which the offender is suited, the department shall
notify the court of the proposed placement of the offender as
specified in section 5120.031 or 5120.032 of the Revised Code and
shall include with the notice a brief description of the placement.
The court shall have ten days from receipt of the notice to
disapprove the placement.
(J)
If a person is convicted of or pleads guilty to aggravated vehicular
homicide in violation of division (A)(1) of section 2903.06 of the
Revised Code and division (B)(2)(c) or (d) of that section applies,
the person shall be sentenced pursuant to section 2929.142 of the
Revised Code.
(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.
(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.
(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.
Sec.
2941.1427.
(A)
Imposition of a one-year mandatory prison term upon an offender under
division (B)(12) of section 2929.14 of the Revised Code is precluded
unless the indictment, count in the indictment, or information
charging the offense specifies that the offender wore a mask or other
disguise or otherwise concealed or attempted to conceal the
offender's face while committing the offense and that the offense is
a felony. The specification shall be stated at the end of the body of
the indictment, count, or information and shall be stated in
substantially the following form:
"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender wore a
mask or disguise or otherwise concealed or attempted to conceal the
offender's face while committing the specified offense and that the
specified offense is a felony)."
(B)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.
Section
2.
That
existing sections 2152.17
,
2911.21
,
2917.02, and 2929.14 of the Revised Code are hereby repealed.
Section
3.
Section
2929.14 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 37, H.B. 56, H.B. 111, and S.B.
106, all of the 135th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.