Enact Andy's Law

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 338

2025-2026

Representatives Johnson, Plummer

Cosponsors: Representatives
Schmidt, Robb Blasdel, Thomas, D., Hall, T., Newman, Kishman,
Swearingen, Mathews, A., Odioso, Stewart, Williams, Abrams, Barhorst,
Bird, Brennan, Claggett, Click, Creech, Deeter, Dovilla, Ghanbari,
Hall, D., Hiner, Holmes, Hoops, John, King, Klopfenstein, LaRe,
Lorenz, Manning, Mathews, T., McClain, Miller, K., Miller, M.,
Oelslager, Peterson, Richardson, Roemer, Salvo, Santucci, Sigrist,
Synenberg, Teska, Thomas, C., White, A., Workman, Young

To
amend sections 121.03, 2903.01, 2903.11, 2903.13, 2921.36, 2921.38,
2929.03, 2929.14, and 5120.01 and to enact sections 2941.1427,
5120.012, 5120.361, 5120.491, and 5120.85 of the Revised Code
to
enact Andy's Law to increase the penalty for assaulting or causing
the death of specified victims at state or local correctional
institutions and to make changes to department of rehabilitation and
correction policies and procedures.

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

Section
1.
That
sections 121.03, 2903.01, 2903.11, 2903.13, 2921.36, 2921.38,
2929.03, 2929.14, and 5120.01 be amended and sections 2941.1427,
5120.012, 5120.361, 5120.491, and 5120.85 of the Revised Code be
enacted to read as follows:

Sec.
121.03.
The
following administrative department heads shall be appointed by the
governor, with the advice and consent of the senate, and shall hold
their offices during the term of the appointing governor, and are
subject to removal at the pleasure of the governor.

(A)
The director of budget and management;

(B)
The director of commerce;

(C)
The director of transportation;

(D)
The director of agriculture;

(E)
The director of job and family services;

(F)
The director of children and youth;

(G)
The director of public safety;

(H)
The superintendent of insurance;

(I)
The director of development;

(J)
The tax commissioner;

(K)
The director of administrative services;

(L)
The director of natural resources;

(M)
The director of behavioral health;

(N)
The director of developmental disabilities;

(O)
The director of health;

(P)
The director of youth services;

(Q)
The director of rehabilitation and correction

who meets the qualifications required under section 5120.01 of the
Revised Code
;

(R)
The director of environmental protection;

(S)
The director of aging;

(T)
The administrator of workers' compensation who meets the
qualifications required under division (A) of section 4121.121 of the
Revised Code;

(U)
The director of veterans services who meets the qualifications
required under section 5902.01 of the Revised Code;

(V)
The chancellor of higher education;

(W)
The medicaid director;

(X)
The director of education and workforce.

Sec.
2903.01.
(A)
No person shall purposely, and with prior calculation and design,
cause the death of another or the unlawful termination of another's
pregnancy.

(B)
No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy while committing or attempting to
commit, or while fleeing immediately after committing or attempting
to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a
habitation when a person is present or likely to be present,
terrorism, or escape.

(C)
No person shall purposely cause the death of another who is under
thirteen years of age at the time of the commission of the offense.

(D)
No person who is under detention as a result of having been found
guilty of or having pleaded guilty to a felony or who breaks that
detention shall purposely cause the death of another.

(E)
No person shall purposely cause the death of a law enforcement
officer
,
a visitor, volunteer, or person on the grounds of a state
correctional institution or local correctional facility, an employee
of the department of rehabilitation and correction, the department of
youth services, or a probation department, or a contractor providing
services to the department of rehabilitation and correction or the
department of youth services,

whom the offender knows or has reasonable cause to know is a law
enforcement officer
,
a visitor, volunteer, or person on the grounds of a state
correctional institution or local correctional facility, an employee
of the department of rehabilitation and correction, the department of
youth services, or a probation department, or a contractor providing
services to the department of rehabilitation and correction or the
department of youth services

when either of the following applies:

(1)
The victim, at the time of the commission of the offense, is engaged
in the victim's duties

or is a visitor, volunteer, or person on the grounds of a state
correctional institution or local correctional facility
.

(2)
It is the offender's specific purpose to kill a law enforcement
officer
,
a visitor, volunteer, or person on the grounds of a state
correctional institution or local correctional facility, an employee
of the department of rehabilitation and correction, the department of
youth services, or a probation department, or a contractor providing
services to the department of rehabilitation and correction or the
department of youth services
.

(F)
No person shall purposely cause the death of a first responder or
military member whom the offender knows or has reasonable cause to
know is a first responder or military member when it is the
offender's specific purpose to kill a first responder or military
member.

(G)
Whoever violates this section is guilty of aggravated murder, and
shall be punished as provided in section 2929.02 of the Revised Code.

(H)
As used in this section:

(1)
"Detention" has the same meaning as in section 2921.01 of
the Revised Code.

(2)
"Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised Code and also includes any federal law
enforcement officer as defined in section 2921.51 of the Revised Code
and anyone who has previously served as a law enforcement officer or
federal law enforcement officer.

(3)
"First responder" means an emergency medical service
provider, a firefighter, or any other emergency response personnel,
or anyone who has previously served as a first responder.

(4)
"Military member" means a member of the armed forces of the
United States, reserves, or Ohio national guard, a participant in
ROTC, JROTC, or any similar military training program, or anyone who
has previously served in the military.

Sec.
2903.11.
(A)
No person shall knowingly do either of the following:

(1)
Cause serious physical harm to another or to another's unborn;

(2)
Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance.

(B)
No person, with knowledge that the person has tested positive as a
carrier of a virus that causes acquired immunodeficiency syndrome,
shall knowingly do any of the following:

(1)
Engage in sexual conduct with another person without disclosing that
knowledge to the other person prior to engaging in the sexual
conduct;

(2)
Engage in sexual conduct with a person whom the offender knows or has
reasonable cause to believe lacks the mental capacity to appreciate
the significance of the knowledge that the offender has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;

(3)
Engage in sexual conduct with a person under eighteen years of age
who is not the spouse of the offender.

(C)
The prosecution of a person under this section does not preclude
prosecution of that person under section 2907.02 of the Revised Code.

(D)(1)(a)
Whoever violates this section is guilty of felonious assault. Except
as otherwise provided in this division or division (D)(1)(b) of this
section, felonious assault is a felony of the second degree. If the
victim of a violation of division (A) of this section is a peace
officer or an investigator of the bureau of criminal identification
and investigation, felonious assault is a felony of the first degree.

(b)
Regardless of whether the felonious assault is a felony of the first
or second degree under division (D)(1)(a) of this section, if the
offender also is convicted of or pleads guilty to a specification as
described in section 2941.1423 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, except as otherwise provided in this division or unless
a longer prison term is required under any other provision of law,
the court shall sentence the offender to a mandatory prison term as
provided in division (B)(8) of section 2929.14 of the Revised Code.
If the victim of the offense is a peace officer or an investigator of
the bureau of criminal identification and investigation, and if the
victim suffered serious physical harm as a result of the commission
of the offense, felonious assault is a felony of the first degree,
and the court, pursuant to division (F) of section 2929.13 of the
Revised Code, shall impose as a mandatory prison term one of the
definite prison terms prescribed for a felony of the first degree in
division (A)(1)(b) of section 2929.14 of the Revised Code, except
that if the violation is committed on or after

the effective date of this amendment

March 22, 2019
,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code.

(2)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(1) or (2) of this section, if the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, the court shall sentence the offender to a mandatory
prison term under division (B)(9) of section 2929.14 of the Revised
Code.

(3)
If the victim of a felonious assault committed in violation of
division (A) of this section is a child under ten years of age and if
the offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1426 of the Revised Code that
was included in the indictment, count in the indictment, or
information charging the offense, in addition to any other sanctions
imposed pursuant to division (D)(1) of this section, the court shall
sentence the offender to a mandatory prison term pursuant to division
(B)(10) of section 2929.14 of the Revised Code.

(4)
In addition to any other sanctions imposed pursuant to division
(D)(1) of this section for felonious assault committed in violation
of division (A)(2) of this section, if the deadly weapon used in the
commission of the violation is a motor vehicle, the court shall
impose upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(2) of section 4510.02 of the Revised Code.

(5)
If the victim of the offense is a visitor, volunteer, or person on
the grounds of a state correctional institution or local correctional
facility, an employee of the department of rehabilitation and
correction, the department of youth services, or a probation
department, or a contractor providing services to the department of
rehabilitation and correction or the department of youth services,
and the offense is committed by a person incarcerated in the state
correctional institution or by a person institutionalized in the
department of youth services institution pursuant to a commitment to
the department of youth services, and if the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1427 of the Revised Code that was included
in the indictment, count in the indictment, or information charging
the offense, in addition to any other sanctions imposed pursuant to
division (D)(1) of this section, the court shall sentence the
offender to a mandatory prison term pursuant to division (B)(12) of
section 2929.14 of the Revised Code.

(E)
As used in this section:

(1)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.

(2)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.

(3)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(4)
"Sexual conduct" has the same meaning as in section 2907.01
of the Revised Code, except that, as used in this section, it does
not include the insertion of an instrument, apparatus, or other
object that is not a part of the body into the vaginal or anal
opening of another, unless the offender knew at the time of the
insertion that the instrument, apparatus, or other object carried the
offender's bodily fluid.

(5)
"Investigator of the bureau of criminal identification and
investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency assistance
to peace officers pursuant to authority granted under section 109.541
of the Revised Code.

(6)
"Investigator" has the same meaning as in section 109.541
of the Revised Code.

(F)
The provisions of division (D)(2) of this section and of division
(F)(20) of section 2929.13, divisions (B)(9) and (C)(6) of section
2929.14, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

Sec.
2903.13.
(A)
No person shall knowingly cause or attempt to cause physical harm to
another or to another's unborn.

(B)
No person shall recklessly cause serious physical harm to another or
to another's unborn.

(C)(1)
Whoever violates this section is guilty of assault, and the court
shall sentence the offender as provided in this division and
divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10) of
this section. Except as otherwise provided in division (C)(2), (3),
(4), (5), (6), (7), (8), or (9) of this section, assault is a
misdemeanor of the first degree.

(2)
Except as otherwise provided in this division, if the offense is
committed by a caretaker against a person with a functional
impairment under the caretaker's care, assault is a felony of the
fourth degree. If the offense is committed by a caretaker against a
person with a functional impairment under the caretaker's care, if
the offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a person with a
functional impairment under the offender's care, assault is a felony
of the third degree.

(3)
If the offense
is
committed in any of the following circumstances, assault is a felony
of the third degree and there is a presumption for a prison term for
the offense:

(a)
The offense
occurs
in or on the grounds of a state correctional institution or an
institution of the department of youth services, the victim of the
offense is an employee of the department of rehabilitation and
correction or the department of youth services, and the offense is
committed by a person incarcerated in the state correctional
institution or by a person institutionalized in the department of
youth services institution pursuant to a commitment to the department
of youth services
,
assault is a felony of the third degree
.

(4)
If the offense is committed in any of the following circumstances,
assault is a felony of the fifth degree:

(a)
(b)

The offense occurs in or on the grounds of a local correctional
facility, the victim of the offense is an employee of the local
correctional facility or a probation department or is on the premises
of the facility for business purposes or as a visitor, and the
offense is committed by a person who is under custody in the facility
subsequent to the person's arrest for any crime or delinquent act,
subsequent to the person's being charged with or convicted of any
crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child.

(b)
(c)

The offense occurs off the grounds of a state correctional
institution and off the grounds of an institution of the department
of youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of youth
services, or a probation department, the offense occurs during the
employee's official work hours and while the employee is engaged in
official work responsibilities, and the offense is committed by a
person incarcerated in a state correctional institution or
institutionalized in the department of youth services who temporarily
is outside of the institution for any purpose, by a parolee, by an
offender under transitional control, under a community control
sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by a
government agency.

(c)
(d)

The offense occurs off the grounds of a local correctional facility,
the victim of the offense is an employee of the local correctional
facility or a probation department, the offense occurs during the
employee's official work hours and while the employee is engaged in
official work responsibilities, and the offense is committed by a
person who is under custody in the facility subsequent to the
person's arrest for any crime or delinquent act, subsequent to the
person being charged with or convicted of any crime, or subsequent to
the person being alleged to be or adjudicated a delinquent child and
who temporarily is outside of the facility for any purpose or by a
parolee, by an offender under transitional control, under a community
control sanction, or on an escorted visit, by a person under
post-release control, or by an offender under any other type of
supervision by a government agency.

(d)
(4)

The victim of the offense is a school teacher or administrator or a
school bus operator, and the offense occurs in a school, on school
premises, in a school building, on a school bus, or while the victim
is outside of school premises or a school bus and is engaged in
duties or official responsibilities associated with the victim's
employment or position as a school teacher or administrator or a
school bus operator, including, but not limited to, driving,
accompanying, or chaperoning students at or on class or field trips,
athletic events, or other school extracurricular activities or
functions outside of school premises.

(5)
If the assault is committed in any of the following circumstances,
assault is a felony of the fourth degree:

(a)
The victim of the offense is a peace officer or an investigator of
the bureau of criminal identification and investigation, a
firefighter, or a person performing emergency medical service, while
in the performance of the officer's, investigator's, firefighter's,
or person's official duties.

(b)
The victim of the offense is an emergency service responder, the
offender knows or reasonably should know that the victim is an
emergency service responder, and it is the offender's specific
purpose to commit the offense against an emergency service responder.

(c)
The victim of the offense is a family or household member or
co-worker of a person who is an emergency service responder, the
offender knows or reasonably should know that the victim is a family
or household member or co-worker of an emergency service responder,
and it is the offender's specific purpose to commit the offense
against a family or household member or co-worker of an emergency
service responder.

(6)
If the offense is a felony of the fourth degree under division
(C)(5)(a) of this section, if the victim of the offense is a peace
officer or an investigator of the bureau of criminal identification
and investigation, and if the victim suffered serious physical harm
as a result of the commission of the offense, the court, pursuant to
division (F) of section 2929.13 of the Revised Code, shall impose as
a mandatory prison term one of the prison terms prescribed for a
felony of the fourth degree that is at least twelve months in
duration.

(7)
If the victim of the offense is an officer or employee of a public
children services agency or a private child placing agency and the
offense relates to the officer's or employee's performance or
anticipated performance of official responsibilities or duties,
assault is either a felony of the fifth degree or, if the offender
previously has been convicted of or pleaded guilty to an offense of
violence, the victim of that prior offense was an officer or employee
of a public children services agency or private child placing agency,
and that prior offense related to the officer's or employee's
performance or anticipated performance of official responsibilities
or duties, a felony of the fourth degree.

(8)
If the victim of the offense is a health care professional of a
hospital, a health care worker of a hospital, or a security officer
of a hospital whom the offender knows or has reasonable cause to know
is a health care professional of a hospital, a health care worker of
a hospital, or a security officer of a hospital, if the victim is
engaged in the performance of the victim's duties, and if the
hospital offers de-escalation or crisis intervention training for
such professionals, workers, or officers, assault is one of the
following:

(a)
Except as otherwise provided in division (C)(8)(b) of this section,
assault committed in the specified circumstances is a misdemeanor of
the first degree. Notwithstanding the fine specified in division
(A)(2)(a) of section 2929.28 of the Revised Code for a misdemeanor of
the first degree, in sentencing the offender under this division and
if the court decides to impose a fine, the court may impose upon the
offender a fine of not more than five thousand dollars.

(b)
If the offender previously has been convicted of or pleaded guilty to
one or more assault or homicide offenses committed against hospital
personnel, assault committed in the specified circumstances is a
felony of the fifth degree.

(9)
If the victim of the offense 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 if the victim is engaged in the performance of the
victim's duties, assault is one of the following:

(a)
Except as otherwise provided in division (C)(9)(b) of this section,
assault committed in the specified circumstances is a misdemeanor of
the first degree. In sentencing the offender under this division, if
the court decides to impose a fine, notwithstanding the fine
specified in division (A)(2)(a) of section 2929.28 of the Revised
Code for a misdemeanor of the first degree, the court may impose upon
the offender a fine of not more than five thousand dollars.

(b)
If the offender previously has been convicted of or pleaded guilty to
one or more assault or homicide offenses committed against justice
system personnel, assault committed in the specified circumstances is
a felony of the fifth degree.

(10)
If an offender who is convicted of or pleads guilty to assault when
it is a misdemeanor also is convicted of or pleads guilty to a
specification as described in section 2941.1423 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory jail term as provided in division (F) of
section 2929.24 of the Revised Code.

If
an offender who is convicted of or pleads guilty to assault when it
is a felony also is convicted of or pleads guilty to a specification
as described in section 2941.1423 of the Revised Code that was
included in the indictment, count in the indictment, or information
charging the offense, except as otherwise provided in division (C)(6)
of this section, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(8) of section 2929.14 of the
Revised Code.

If
an offender who is convicted of or pleads guilty to a violation of
division (C)(3) of this section also is convicted of or pleads guilty
to a specification as described in section 2941.1427 of the Revised
Code that was included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (B)(12)
of section 2929.14 of the Revised Code.

(D)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2903.22 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two offenses
are allied offenses of similar import under section 2941.25 of the
Revised Code.

(E)
As used in this section:

(1)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(2)
"Firefighter" means any person who is a firefighter as
defined in section 3937.41 of the Revised Code and, for purposes of
division (E)(21) of this section, also includes a member of a fire
department as defined in section 742.01 of the Revised Code.

(3)
"Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.

(4)
"Local correctional facility" means a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, a minimum security jail established under section 341.23
or 753.21 of the Revised Code, or another county, multicounty,
municipal, municipal-county, or multicounty-municipal facility used
for the custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons alleged to
be or adjudicated a delinquent child.

(5)
"Employee of a local correctional facility" means a person
who is an employee of the political subdivision or of one or more of
the affiliated political subdivisions that operates the local
correctional facility and who operates or assists in the operation of
the facility.

(6)
"School teacher or administrator" means either of the
following:

(a)
A person who is employed in the public schools of the state under a
contract described in section 3311.77 or 3319.08 of the Revised Code
in a position in which the person is required to have a certificate
issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.

(b)
A person who is employed by a nonpublic school for which the director
of education and workforce prescribes minimum standards under section
3301.07 of the Revised Code and who is certificated in accordance
with section 3301.071 of the Revised Code.

(7)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(8)
"Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.

(9)
"Post-release control" and "transitional control"
have the same meanings as in section 2967.01 of the Revised Code.

(10)
"Investigator of the bureau of criminal identification and
investigation" has the same meaning as in section 2903.11 of the
Revised Code.

(11)
"Health care professional" and "health care worker"
have the same meanings as in section 2305.234 of the Revised Code.

(12)
"Assault or homicide offense committed against hospital
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which all
of the following apply:

(a)
The victim of the offense was a health care professional of a
hospital, a health care worker of a hospital, or a security officer
of a hospital.

(b)
The offender knew or had reasonable cause to know that the victim was
a health care professional of a hospital, a health care worker of a
hospital, or a security officer of a hospital.

(c)
The victim was engaged in the performance of the victim's duties.

(d)
The hospital offered de-escalation or crisis intervention training
for such professionals, workers, or officers.

(13)
"De-escalation or crisis intervention training" means
de-escalation or crisis intervention training for health care
professionals of a hospital, health care workers of a hospital, and
security officers of a hospital to facilitate interaction with
patients, members of a patient's family, and visitors, including
those with mental impairments.

(14)
"Assault or homicide offense committed against justice system
personnel" means a violation of this section or of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or
2903.14 of the Revised Code committed in circumstances in which the
victim of the offense was a judge, magistrate, prosecutor, or court
official or employee whom the offender knew or had reasonable cause
to know was a judge, magistrate, prosecutor, or court official or
employee, and the victim was engaged in the performance of the
victim's duties.

(15)
"Court official or employee" means any official or employee
of a court created under the constitution or statutes of this state
or of a United States court located in this state.

(16)
"Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States court
located in this state.

(17)
"Magistrate" means an individual who is appointed by a
court of record of this state and who has the powers and may perform
the functions specified in Civil Rule 53, Criminal Rule 19, or
Juvenile Rule 40, or an individual who is appointed by a United
States court located in this state who has similar powers and
functions.

(18)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(19)(a)
"Hospital" means, subject to division (E)(19)(b) of this
section, an institution classified as a hospital under section
3701.01 of the Revised Code in which are provided to patients
diagnostic, medical, surgical, obstetrical, psychiatric, or
rehabilitation care or a hospital operated by a health maintenance
organization.

(b)
"Hospital" does not include any of the following:

(i)
A facility licensed under Chapter 3721. of the Revised Code, a health
care facility operated by the department of mental health and
addiction services or the department of developmental disabilities, a
health maintenance organization that does not operate a hospital, or
the office of any private, licensed health care professional, whether
organized for individual or group practice;

(ii)
An institution for the sick that is operated exclusively for patients
who use spiritual means for healing and for whom the acceptance of
medical care is inconsistent with their religious beliefs, accredited
by a national accrediting organization, exempt from federal income
taxation under section 501 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing
twenty-four-hour nursing care pursuant to the exemption in division
(E) of section 4723.32 of the Revised Code from the licensing
requirements of Chapter 4723. of the Revised Code.

(20)
"Health maintenance organization" has the same meaning as
in section 3727.01 of the Revised Code.

(21)
"Emergency service responder" means any law enforcement
officer, first responder, emergency medical technician-basic,
emergency medical technician-intermediate, emergency medical
technician-paramedic, firefighter, or volunteer firefighter.

(22)
"Family or household member" means any of the following:

(a)
Any of the following who is residing or has resided with a person who
is employed as an emergency service responder:

(i)
A spouse, a person living as a spouse, or a former spouse of a person
who is employed as an emergency service responder;

(ii)
A parent, a foster parent, or a child of a person who is employed as
an emergency service responder, or another person related by
consanguinity or affinity to a person who is employed as an emergency
service responder;

(iii)
A parent or a child of a spouse, person living as a spouse, or former
spouse of a person who is employed as an emergency service responder,
or another person related by consanguinity or affinity to a spouse,
person living as a spouse, or former spouse of a person who is
employed as an emergency service responder.

(b)
The natural parent of any child of whom a person who is employed as
an emergency service responder is the other natural parent or is the
putative other natural parent.

(23)
"First responder," "emergency medical
technician-basic," "emergency medical
technician-intermediate," and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.

(24)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.

(25)
"Person living as a spouse" means a person who is living or
has lived with a person who is employed as an emergency service
responder in a common law marital relationship, who otherwise is
cohabiting with a person who is employed as an emergency service
responder, or who otherwise has cohabited with a person who is
employed as an emergency service responder within five years prior to
the date of the alleged commission of the act in question.

(26)
"Co-worker" means a person who is employed by the
organization or entity that is served by a person who is employed as
an emergency service responder.

Sec.
2921.36.
(A)
No person shall knowingly convey, or attempt to convey, onto the
grounds of a detention facility or of an institution, office
building, or other place that is under the control of the department
of
mental
health and addiction services
behavioral
health
,
the department of developmental disabilities, the department of youth
services, or the department of rehabilitation and correction any of
the following items:

(1)
Any deadly weapon or dangerous ordnance, as defined in section
2923.11 of the Revised Code, or any part of or ammunition for use in
such a deadly weapon or dangerous ordnance;

(2)
Any drug of abuse, as defined in section 3719.011 of the Revised
Code;

(3)
Any intoxicating liquor, as defined in section 4301.01 of the Revised
Code, except for small amounts of wine for sacramental purposes when
the person engaging in the specified conduct is a cleric, as defined
in section 2317.02 of the Revised Code.

(B)
Division (A) of this section does not apply to any person who conveys
or attempts to convey an item onto the grounds of a detention
facility or of an institution, office building, or other place under
the control of the department of
mental
health and addiction services
behavioral
health
,
the department of developmental disabilities, the department of youth
services, or the department of rehabilitation and correction pursuant
to the written authorization of the person in charge of the detention
facility or the institution, office building, or other place and in
accordance with the written rules of the detention facility or the
institution, office building, or other place.

(C)
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility, to a child confined
in a youth services facility, to a prisoner who is temporarily
released from confinement for a work assignment, or to any patient in
an institution under the control of the department of
mental
health and addiction services
behavioral
health
or
the department of developmental disabilities any item listed in
division (A)(1), (2), or (3) of this section.

(D)
No person shall knowingly deliver, or attempt to deliver, cash to any
person who is confined in a detention facility, to a child confined
in a youth services facility, or to a prisoner who is temporarily
released from confinement for a work assignment.

(E)
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility, to a child confined
in a youth services facility, or to a prisoner who is temporarily
released from confinement for a work assignment a cellular telephone,
two-way radio, or other electronic communications device.

(F)(1)
It is an affirmative defense to a charge under division (A)(1) of
this section that the weapon or dangerous ordnance in question was
being transported in a motor vehicle for any lawful purpose, that it
was not on the actor's person, and, if the weapon or dangerous
ordnance in question was a firearm, that it was unloaded and was
being carried in a closed package, box, or case or in a compartment
that can be reached only by leaving the vehicle.

(2)
It is an affirmative defense to a charge under division (C) of this
section that the actor was not otherwise prohibited by law from
delivering the item to the confined person, the child, the prisoner,
or the patient and that either of the following applies:

(a)
The actor was permitted by the written rules of the detention
facility or the institution, office building, or other place to
deliver the item to the confined person or the patient.

(b)
The actor was given written authorization by the person in charge of
the detention facility or the institution, office building, or other
place to deliver the item to the confined person or the patient.

(G)(1)
Whoever violates division (A)(1) of this section or commits a
violation of division (C) of this section involving an item listed in
division (A)(1) of this section is guilty of illegal conveyance of
weapons onto the grounds of a specified governmental facility, a
felony of the third degree. If the offender is an officer or employee
of the department of rehabilitation and correction, the court shall
impose a mandatory prison term from the range of definite prison
terms prescribed in division (A)(3)(b) of section 2929.14 of the
Revised Code for a felony of the third degree.

(2)
Whoever
(2)(a)
Except as provided in division (G)(2)(b) of this section, whoever

violates
division (A)(2) of this section or commits a violation of division
(C) of this section involving any drug of abuse is guilty of illegal
conveyance of drugs of abuse onto the grounds of a specified
governmental facility, a felony of the third degree.

(b)

If
the offender is

a visitor, volunteer, or person on the grounds of a state
correctional institution or local correctional facility,

an officer or employee of the department of rehabilitation and
correction or of the department of youth services,

or a contractor providing services to the department of
rehabilitation and correction or the department of youth services, a
violation of division (A)(2) of this section is a felony of the first
degree and

the court shall impose a mandatory prison term from the range of
definite prison terms prescribed in division
(A)(3)(b)
(A)(1)(a)

of section 2929.14 of the Revised Code for a felony of the
third

first

degree.

(3)
Whoever violates division (A)(3) of this section or commits a
violation of division (C) of this section involving any intoxicating
liquor is guilty of illegal conveyance of intoxicating liquor onto
the grounds of a specified governmental facility, a misdemeanor of
the second degree.

(4)
Whoever violates division (D) of this section is guilty of illegal
conveyance of cash onto the grounds of a detention facility, a
misdemeanor of the first degree. If the offender previously has been
convicted of or pleaded guilty to a violation of division (D) of this
section, illegal conveyance of cash onto the grounds of a detention
facility is a felony of the fifth degree.

(5)(a)
Except as provided in division (G)(5)(b) of this section, whoever
violates division (E) of this section is guilty of illegal conveyance
of a communications device onto the grounds of a specified
governmental facility, a misdemeanor of the first degree, or if the
offender previously has been convicted of or pleaded guilty to a
violation of division (E) of this section, a felony of the fifth
degree.

(b)
If the offender is
a
visitor, volunteer, or person on the grounds of a state correctional
institution or local correctional facility,
an
officer or employee of the department of rehabilitation and
correction or the department of youth services
,

or a contractor or employee of a contractor providing services to the
department of rehabilitation and correction or the department of
youth services, a violation of division (E) of this section is a
felony of the
third

first

degree,
and the court shall impose a mandatory prison term from the range of
definite prison terms prescribed in division
(A)(3)(b)
(A)(1)(a)

of section 2929.14 of the Revised Code for a felony of the
third

first

degree.

Sec.
2921.38.
(A)
No person who is confined in a detention facility, with intent to
harass, annoy, threaten, or alarm another person, shall cause or
attempt to cause the other person to come into contact with blood,
semen, urine, feces, or another bodily substance by throwing the
bodily substance at the other person, by expelling the bodily
substance upon the other person, or in any other manner.

(B)
No person, with intent to harass, annoy, threaten, or alarm a law
enforcement officer, shall cause or attempt to cause the law
enforcement officer to come into contact with blood, semen, urine,
feces, or another bodily substance by throwing the bodily substance
at the law enforcement officer, by expelling the bodily substance
upon the law enforcement officer, or in any other manner.

(C)
No person, with knowledge that the person is a carrier of the virus
that causes acquired immunodeficiency syndrome, is a carrier of a
hepatitis virus, or is infected with tuberculosis and with intent to
harass, annoy, threaten, or alarm another person, shall cause or
attempt to cause the other person to come into contact with blood,
semen, urine, feces, or another bodily substance by throwing the
bodily substance at the other person, by expelling the bodily
substance upon the other person, or in any other manner.

(D)
Whoever violates this section is guilty of harassment with a bodily
substance. A violation of division (A) or (B) of this section is a
felony of the fifth degree

and, notwithstanding section 2929.14 of the Revised Code, the court
shall impose a mandatory prison term on the offender of at least
three years but no more than four years
.
A violation of division (C) of this section is a felony of the third
degree

and, notwithstanding section 2929.14 of the Revised Code, the court
shall impose a mandatory prison term on the offender of at least
three years but no more than six years
.

(E)(1)
The court, on request of the prosecutor, or the law enforcement
authority responsible for the investigation of the violation, shall
cause a person who allegedly has committed a violation of this
section to submit to one or more appropriate tests to determine if
the person is a carrier of the virus that causes acquired
immunodeficiency syndrome, is a carrier of a hepatitis virus, or is
infected with tuberculosis.

(2)
The court shall charge the offender with the costs of the test or
tests ordered under division (E)(1) of this section unless the court
determines that the accused is unable to pay, in which case the costs
shall be charged to the entity that operates the detention facility
in which the alleged offense occurred.

(F)
This section does not apply to a person who is hospitalized,
institutionalized, or confined in a facility operated by the
department of
mental
health and addiction services
behavioral
health
or
the department of developmental disabilities.

Sec.
2929.03.
(A)
If the indictment or count in the indictment charging aggravated
murder does not contain one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, then, following a verdict of guilty of the charge of
aggravated murder, the trial court shall impose sentence on the
offender as follows:

(1)
Except as provided in division (A)(2) or (H) of this section, the
trial court shall impose one of the following sentences on the
offender:

(a)
Life imprisonment without parole;

(b)
Subject to
division

divisions

(A)(1)(e)

and (f)

of this section, life imprisonment with parole eligibility after
serving twenty years of imprisonment;

(c)
Subject to
division

divisions

(A)(1)(e)

and (f)

of this section, life imprisonment with parole eligibility after
serving twenty-five full years of imprisonment;

(d)
Subject to
division

divisions

(A)(1)(e)

and (f)

of this section, life imprisonment with parole eligibility after
serving thirty full years of imprisonment;

(e)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (A)(1)(a) of this
section, the trial court shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment that shall be served pursuant to
that section.

(f)
If the victim of aggravated murder was a visitor, volunteer, or
person on the grounds of a state correctional institution or local
correctional facility, an employee of the department of
rehabilitation and correction or a probation department, or a
contractor providing services to the department of rehabilitation and
correction, the trial court shall impose a sentence of life
imprisonment without parole on the offender and the offender shall
serve the sentence at a high security prison for at least ten years.

(2)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, the trial court shall
impose upon the offender a sentence of life imprisonment without
parole that shall be served pursuant to section 2971.03 of the
Revised Code.

(B)
If the indictment or count in the indictment charging aggravated
murder contains one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, the verdict shall separately state whether the accused
is found guilty or not guilty of the principal charge and, if guilty
of the principal charge, whether the offender was eighteen years of
age or older at the time of the commission of the offense, if the
matter of age was raised by the offender pursuant to section 2929.023
of the Revised Code, and whether the offender is guilty or not guilty
of each specification. The jury shall be instructed on its duties in
this regard. The instruction to the jury shall include an instruction
that a specification shall be proved beyond a reasonable doubt in
order to support a guilty verdict on the specification, but the
instruction shall not mention the penalty that may be the consequence
of a guilty or not guilty verdict on any charge or specification.

(C)(1)
If the indictment or count in the indictment charging aggravated
murder contains one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, then, following a verdict of guilty of the charge but
not guilty of each of the specifications, and regardless of whether
the offender raised the matter of age pursuant to section 2929.023 of
the Revised Code or the matter of serious mental illness at the time
of the commission of the offense pursuant to section 2929.025 of the
Revised Code, the trial court shall impose sentence on the offender
as follows:

(a)
Except as provided in division (C)(1)(b) or (H) of this section, the
trial court shall impose one of the following sentences on the
offender:

(i)
Life imprisonment without parole;

(ii)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving twenty years of imprisonment;

(iii)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iv)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(v)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (C)(1)(a)(i) of this
section, the trial court shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, the trial court shall
impose upon the offender a sentence of life imprisonment without
parole that shall be served pursuant to section 2971.03 of the
Revised Code.

(2)(a)
If the indictment or count in the indictment contains one or more
specifications of aggravating circumstances listed in division (A) of
section 2929.04 of the Revised Code and if the offender is found
guilty of both the charge and one or more of the specifications, the
penalty to be imposed on the offender shall be one of the following:

(i)
Except as provided in division (C)(2)(a)(ii), (C)(2)(a)(iii), or (H)
and subject to divisions (D)(1) and (E) of this section, the penalty
to be imposed on the offender shall be death, life imprisonment
without parole, life imprisonment with parole eligibility after
serving twenty-five full years of imprisonment, or life imprisonment
with parole eligibility after serving thirty full years of
imprisonment.

(ii)
Except as provided in division (C)(2)(a)(iii) or (H) of this section,
if the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of death or life imprisonment
without parole on the offender pursuant to division (C)(2)(a)(i) of
this section, the penalty to be imposed on the offender shall be an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment that shall be imposed pursuant to
division (B)(3) of section 2971.03 of the Revised Code and served
pursuant to that section.

(iii)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, the penalty to be
imposed on the offender shall be death or life imprisonment without
parole that shall be served pursuant to section 2971.03 of the
Revised Code.

(b)
A penalty imposed pursuant to division (C)(2)(a)(i), (ii), or (iii)
of this section shall be determined pursuant to divisions (D) and (E)
of this section and shall be determined by one of the following:

(i)
By the panel of three judges that tried the offender upon the
offender's waiver of the right to trial by jury;

(ii)
By the trial jury and the trial judge, if the offender was tried by
jury.

(D)(1)
Death may not be imposed as a penalty for aggravated murder if the
offender raised the matter of age at trial pursuant to section
2929.023 of the Revised Code and was not found at trial to have been
eighteen years of age or older at the time of the commission of the
offense or raised the matter of the offender's serious mental illness
at the time of the commission of the offense pursuant to section
2929.025 of the Revised Code and was found under that section to be
ineligible for a sentence of death due to serious mental illness.
When death may be imposed as a penalty for aggravated murder, the
court shall proceed under this division. When death may be imposed as
a penalty, the court, upon the request of the defendant, shall
require a pre-sentence investigation to be made and, upon the request
of the defendant, shall require a mental examination to be made, and
shall require reports of the investigation and of any mental
examination submitted to the court, pursuant to section 2947.06 of
the Revised Code. No statement made or information provided by a
defendant in a mental examination or proceeding conducted pursuant to
this division shall be disclosed to any person, except as provided in
this division, or be used in evidence against the defendant on the
issue of guilt in any retrial. A pre-sentence investigation or mental
examination shall not be made except upon request of the defendant.
Copies of any reports prepared under this division shall be furnished
to the court, to the trial jury if the offender was tried by a jury,
to the prosecutor, and to the offender or the offender's counsel for
use under this division. The court, and the trial jury if the
offender was tried by a jury, shall consider any report prepared
pursuant to this division and furnished to it and any evidence raised
at trial that is relevant to the aggravating circumstances the
offender was found guilty of committing or to any factors in
mitigation of the imposition of the sentence of death, shall hear
testimony and other evidence that is relevant to the nature and
circumstances of the aggravating circumstances the offender was found
guilty of committing, the mitigating factors set forth in division
(B) of section 2929.04 of the Revised Code, and any other factors in
mitigation of the imposition of the sentence of death, and shall hear
the statement, if any, of the offender, and the arguments, if any, of
counsel for the defense and prosecution, that are relevant to the
penalty that should be imposed on the offender. The defendant shall
be given great latitude in the presentation of evidence of the
mitigating factors set forth in division (B) of section 2929.04 of
the Revised Code and of any other factors in mitigation of the
imposition of the sentence of death. If the offender chooses to make
a statement, the offender is subject to cross-examination only if the
offender consents to make the statement under oath or affirmation.

The
defendant shall have the burden of going forward with the evidence of
any factors in mitigation of the imposition of the sentence of death.
The prosecution shall have the burden of proving, by proof beyond a
reasonable doubt, that the aggravating circumstances the defendant
was found guilty of committing are sufficient to outweigh the factors
in mitigation of the imposition of the sentence of death.

(2)
Upon consideration of the relevant evidence raised at trial, the
testimony, other evidence, statement of the offender, arguments of
counsel, and, if applicable, the reports submitted pursuant to
division (D)(1) of this section, the trial jury, if the offender was
tried by a jury, shall determine whether the aggravating
circumstances the offender was found guilty of committing are
sufficient to outweigh the mitigating factors present in the case. If
the trial jury unanimously finds, by proof beyond a reasonable doubt,
that the aggravating circumstances the offender was found guilty of
committing outweigh the mitigating factors, the trial jury shall
recommend to the court that the sentence of death be imposed on the
offender. Absent such a finding, the jury shall recommend that the
offender be sentenced to one of the following:

(a)
Except as provided in division (D)(2)(b), (D)(2)(c) or (H) of this
section, to life imprisonment without parole, life imprisonment with
parole eligibility after serving twenty-five full years of
imprisonment, or life imprisonment with parole eligibility after
serving thirty full years of imprisonment;

(b)
Except as provided in division (D)(2)(c) or (H) of this section, if
the victim of the aggravated murder was less than thirteen years of
age, the offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment, count
in the indictment, or information charging the offense, and the jury
does not recommend a sentence of life imprisonment without parole
pursuant to division (D)(2)(a) of this section, to an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment to be imposed pursuant to division (B)(3) of
section 2971.03 of the Revised Code and served pursuant to that
section.

(c)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, to life imprisonment
without parole.

If
the trial jury recommends that the offender be sentenced to life
imprisonment without parole, life imprisonment with parole
eligibility after serving twenty-five full years of imprisonment,
life imprisonment with parole eligibility after serving thirty full
years of imprisonment, or an indefinite term consisting of a minimum
term of thirty years and a maximum term of life imprisonment to be
imposed pursuant to division (B)(3) of section 2971.03 of the Revised
Code, except as provided in division (H) of this section, the court
shall impose the sentence recommended by the jury upon the offender.
If the sentence is an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment imposed as
described in division (D)(2)(b) of this section or a sentence of life
imprisonment without parole imposed under division (D)(2)(c) of this
section, the sentence shall be served pursuant to section 2971.03 of
the Revised Code. If the trial jury recommends that the sentence of
death be imposed upon the offender, the court shall proceed to impose
sentence pursuant to division (D)(3) of this section.

(3)
Upon consideration of the relevant evidence raised at trial, the
testimony, other evidence, statement of the offender, arguments of
counsel, and, if applicable, the reports submitted to the court
pursuant to division (D)(1) of this section, if, after receiving
pursuant to division (D)(2) of this section the trial jury's
recommendation that the sentence of death be imposed, the court
finds, by proof beyond a reasonable doubt, or if the panel of three
judges unanimously finds, by proof beyond a reasonable doubt, that
the aggravating circumstances the offender was found guilty of
committing outweigh the mitigating factors, it shall impose sentence
of death on the offender. Absent such a finding by the court or
panel, the court or the panel shall impose one of the following
sentences on the offender:

(a)
Except as provided in division (D)(3)(b) or (H) of this section, one
of the following:

(i)
Life imprisonment without parole;

(ii)
Subject to division (D)(3)(a)(iv) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iii)
Subject to division (D)(3)(a)(iv) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(iv)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (D)(3)(a)(i) of this
section, the court or panel shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, life imprisonment
without parole that shall be served pursuant to section 2971.03 of
the Revised Code.

(E)(1)
If the offender raised the matter of age at trial pursuant to section
2929.023 of the Revised Code, was convicted of aggravated murder and
one or more specifications of an aggravating circumstance listed in
division (A) of section 2929.04 of the Revised Code, and was not
found at trial to have been eighteen years of age or older at the
time of the commission of the offense, the court or the panel of
three judges shall not impose a sentence of death on the offender.
Instead, the court or panel shall impose one of the following
sentences on the offender:

(a)
Except as provided in division (E)(1)(b) or (H) of this section, one
of the following:

(i)
Life imprisonment without parole;

(ii)
Subject to division (E)(1)(a)(iv) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iii)
Subject to division (E)(1)(a)(iv) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(iv)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (E)(1)(a)(i) of this
section, the court or panel shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, life imprisonment
without parole that shall be served pursuant to section 2971.03 of
the Revised Code.

(2)
If the offender raised the matter of the offender's serious mental
illness at the time of the commission of the offense pursuant to
section 2929.025 of the Revised Code, was found under that section to
be ineligible for a sentence of death due to serious mental illness,
and was convicted of aggravated murder and one or more specifications
of an aggravating circumstance listed in division (A) of section
2929.04 of the Revised Code, the court or panel of three judges shall
not impose a sentence of death on the offender. Instead, the court or
panel shall sentence the offender to life imprisonment without
parole.

(F)
The court or the panel of three judges, when it imposes sentence of
death, shall state in a separate opinion its specific findings as to
the existence of any of the mitigating factors set forth in division
(B) of section 2929.04 of the Revised Code, the existence of any
other mitigating factors, the aggravating circumstances the offender
was found guilty of committing, and the reasons why the aggravating
circumstances the offender was found guilty of committing were
sufficient to outweigh the mitigating factors. The court or panel,
when it imposes life imprisonment or an indefinite term consisting of
a minimum term of thirty years and a maximum term of life
imprisonment under division (D) of this section, shall state in a
separate opinion its specific findings of which of the mitigating
factors set forth in division (B) of section 2929.04 of the Revised
Code it found to exist, what other mitigating factors it found to
exist, what aggravating circumstances the offender was found guilty
of committing, and why it could not find that these aggravating
circumstances were sufficient to outweigh the mitigating factors. For
cases in which a sentence of death is imposed for an offense
committed before January 1, 1995, the court or panel shall file the
opinion required to be prepared by this division with the clerk of
the appropriate court of appeals and with the clerk of the supreme
court within fifteen days after the court or panel imposes sentence.
For cases in which a sentence of death is imposed for an offense
committed on or after January 1, 1995, the court or panel shall file
the opinion required to be prepared by this division with the clerk
of the supreme court within fifteen days after the court or panel
imposes sentence. The judgment in a case in which a sentencing
hearing is held pursuant to this section is not final until the
opinion is filed.

(G)(1)
Whenever the court or a panel of three judges imposes a sentence of
death for an offense committed before January 1, 1995, the clerk of
the court in which the judgment is rendered shall make and retain a
copy of the entire record in the case, and shall deliver the original
of the entire record in the case to the appellate court.

(2)
Whenever the court or a panel of three judges imposes a sentence of
death for an offense committed on or after January 1, 1995, the clerk
of the court in which the judgment is rendered shall make and retain
a copy of the entire record in the case, and shall deliver the
original of the entire record in the case to the supreme court.

(H)
A court shall not impose a sentence of life imprisonment without
parole on a person under division (A)(1) or (2), (C)(1) or (2),
(D)(2) or (3), or (E)(1) or (2) of this section for an offense that
was committed when the person was under eighteen years of age.

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,
that
is a violation of division (C)(3) of section 2903.13 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 is convicted of or pleads guilty to a violation of
division (C)(3) of section 2903.13 or division (D)(5) 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 2941.1427 of the
Revised Code that charges that the victim of the offense was a person
described in division (C)(3) of section 2903.13 or division (D)(5) of
section 2903.11 of the Revised Code, the court shall impose upon the
offender an additional definite prison term of seven years.

(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)

If
a mandatory prison term is imposed on an offender pursuant to
division (B)(12) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (C)(3) of section
2903.13 or division (D)(5) of section 2903.11 of the Revised Code.
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 shall be served consecutively to the prison
term imposed pursuant to division (B)(12) of this section.

(10)

When
consecutive prison terms are imposed pursuant to division (C)(1),
(2), (3), (4), (5), (6), (7),
or

(8)
,
or (9)

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)
(11)

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)
(12)

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)
As used in this section, "visitor, volunteer, or person on the
grounds of a state correctional institution or local correctional
facility, employee of the department of rehabilitation and
correction, the department of youth services, or a probation
department, or a contractor providing services to the department of
rehabilitation and correction or the department of youth services"
means a victim described in division (C)(3) of section 2903.13 or
division (D)(5) of section 2903.11 of the Revised Code.

(B)
Imposition of a mandatory seven-year prison term under division
(B)(12) of section 2929.14 of the Revised Code is precluded unless
the offender is convicted of or pleads guilty to a violation of
division (C)(3) of section 2903.13 or division (D)(5) of section
2903.11 of the Revised Code and unless the indictment, count in the
indictment, or information charging the offense specifies the victim
of the offense was a visitor, volunteer, or person on the grounds of
a state correctional institution or local correctional facility, an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, or a
contractor providing services to the department of rehabilitation and
correction or the department of youth services. 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 prosecuting attorney's name when appropriate) further
find and specify that (set forth that the victim of the offense was a
visitor, volunteer, or person on the grounds of a state correctional
institution or local correctional facility, an employee of the
department of rehabilitation and correction, the department of youth
services, or a probation department, or a contractor providing
services to the department of rehabilitation and correction or the
department of youth services)."

Sec.
5120.01.
The
director of rehabilitation and correction is the executive head of
the department of rehabilitation and correction. All duties conferred
on the various divisions and institutions of the department by law or
by order of the director shall be performed under the rules and
regulations that the director prescribes and shall be under the
director's control. Inmates committed to the department of
rehabilitation and correction shall be under the legal custody of the
director or the director's designee, and the director or the
director's designee shall have power to control transfers of inmates
between the several state institutions included under section 5120.05
of the Revised Code.

The
person appointed to the position of director of rehabilitation and
correction shall have an employment history that includes being
employed in a corrections role at any level of security for at least
five years or at a high security correctional institution for at
least three years.

Sec.
5120.012.
The
director of rehabilitation and correction shall adopt rules in
accordance with Chapter 119. of the Revised Code that do all of the
following:

(A)
Require all state correctional institutions to utilize a police dog,
as defined in section 2921.321 of the Revised Code, to identify
contraband in visitation and housing units. On and after the
effective date of this section, any police dog that is so assigned
and that is trained for the purpose of identifying contraband shall
be assigned exclusively to a single state correctional institution
and shall belong to a breed within a list provided by the state
highway patrol. The list shall be provided to the department of
rehabilitation and correction within sixty days of the effective date
of this section.

The
assignment of each police dog to high security correctional
facilities shall be completed within two years of the effective date
of this section and the department shall utilize the state highway
patrol dog handling training and services and may contract for or
provide those services if more police dog training is needed.

(B)
Require the entrance and exiting of contractual food workers to and
from a state correctional institution be limited at the same rate and
time allowed for correctional officers;

(C)(1)
Require all visitors, upon entering the grounds of any state
correctional institution, to complete a screening that includes the
following:

(a)
Removal of coats and jackets;

(b)
Storage of coats and jackets in a location not readily accessible to
inmates;

(c)
Entrance only after walking through a security screening system.

(2)
Require that all visitation at high security institutions be no
contact.

(D)(1)
Require the corrections training academy to train all incoming
correctional officers to detain a contractor, visitor, or other
person entering or seeking to enter a state correctional institution
while in possession of contraband;

(2)
Require the department to allow certified correctional officers
trained through the department of rehabilitation and correction
training academy to detain a contractor, visitor, or person otherwise
entering or attempting to enter a state correctional institution when
items are discovered on the person that are prohibited inside the
state correctional institution until the state highway patrol takes
custody of the person.

(E)
Require state correctional institution operations to be managed in
accordance with what is necessary for the inmate population that is
assigned to the institution.

It
is the intent of the general assembly that the department not change
the security classification system to meet the capacities of current
facilities but instead manage the bed space to align with the
established capacity guidelines of the security classification
system.

(F)
Require the elimination of all higher education programs at high
security state correctional institutions;

(G)(1)(a)
Require adherence with any sanctions imposed by the department's
rules infraction board;

(b)
Require that inmates who violate the department's rules of behavior
imposed by the department's rules infraction board, including rules
prohibiting offenses of violence, threats, sexual misconduct, gang
activity, and disturbances, resisting authority, disrespect,
unauthorized relationships, escape and related conduct, weapons,
drugs, and other related matters, shall forfeit the inmate's assigned
tablet for a minimum of thirty days;

(c)
Require that inmates at high security institutions shall not be
assigned a tablet for personal use. Inmates who are at high security
institutions may only use tablets during limited time frames and on a
shared basis.

(d)
Require that inmates at a state correctional institution who have
been remanded to restrictive housing shall not be assigned a tablet
for personal use. Inmates who have been remanded to restrictive
housing may only use tablets during limited time frames and on a
shared basis.

(2)
It is the intent of the general assembly to prohibit a reduction of
sanctions on an inmate imposed by the rules infraction board due to
limitations of space in restrictive housing or limited privilege
housing.

(H)
Require the department to publish a detailed annual report listing
every instance where the department extends an offender's
incarceration under section 2967.271 of the Revised Code in each
calendar year.

The
report shall be sent to the office of the attorney general by the
first day of March of each year.

(I)
Require all persons appointed to the position of warden to have an
employment history that includes being employed in a security or
custody role for at least three years at the department of
rehabilitation and correction;

(J)(1)
Require that high security state correctional institutions only offer
vocational programming to the following inmates:

(a)
Inmates who have not committed a serious violation of the inmate
rules of conduct during the six months immediately prior to the
beginning of the program, if the inmate has been incarcerated six
consecutive months or longer;

(b)
Inmates who have not committed a serious violation of the inmate
rules of conduct since being taken into custody for the inmate's
current period of incarceration, if the inmate has been incarcerated
for less than six months.

(2)
Require the department to draft internal policies determining which
violations are to be considered "serious violations" for
purposes of this section, which shall include all violations of the
inmate rules of conduct that are violent or of a sexual nature;

(3)
Require that inmates who join a program shall refrain from committing
a serious violation of the inmate rules of conduct for the duration
of the program or be automatically removed from the program;

(4)
Require the department to perform a cost-benefit analysis of
vocational programs at all high security institutions. The analysis
shall be submitted to the office of the attorney general by July 30,
2026.

(K)(1)
Require the department of rehabilitation and correction and the
department of youth services to respond to requests for information
by cooperating with the office of the attorney general to the fullest
extent possible;

(2)
Require the department of rehabilitation and correction and the
department of youth services to allow the office of the attorney
general to obtain and view all requested documents.

(L)
Require the department of rehabilitation and correction and the
department of youth services to post a notice in a conspicuous
location within juvenile and adult correctional facilities informing
juvenile offenders and inmates of mandatory minimum prison terms for
assaulting or harassing correctional officers in all facilities and
to update the notice as needed.

Sec.
5120.361.
(A)
The department of rehabilitation and correction may retain a
third-party consultant firm as is reasonably necessary to assist the
department in improving hiring and staff retention methods.

(B)
The department shall enter into a contract with each firm it hires
under this section. Each contract shall include terms requiring that
the firm agrees to provide a specified scope of services to the
department for a specified number of hours per week for a specified
number of years.

Sec.
5120.491.
(A)
The director of rehabilitation and correction shall establish and
maintain a department of rehabilitation and correction registry of
sex offenders, listing inmates who violate the department's rules of
behavior for sexual offenses.

(B)
The director shall supervise the registry and the collection and
dissemination of data included in the registry. The director may
enter into contracts or other agreements as necessary to maintain the
registry, including data sharing contracts with data reporting
entities. The director shall publish and make the data collected by
the registry available to the public online for ten years after an
inmate's final discharge.

(C)
Each employee of the department who in good faith submits a report to
the registry is not liable in any cause of action arising from the
submission of the report.

(D)
The director shall publish the reporting requirements established by
this section on the department of rehabilitation and correction's web
site.

Sec.
5120.85.
(A)
As used in this section:

(1)
"Correction officer" means a correction officer, corporal,
sergeant, lieutenant, or captain, and the equivalents of all such
persons, at an institution under the control of the department of
rehabilitation and correction.

(2)
"Killed in the line of duty" has the same meaning as in
section 742.63 of the Revised Code.

(B)(1)
The director of rehabilitation and correction shall notify the
director of administrative services when a correction officer is
killed in the line of duty. On receiving the notice, the director of
administrative services shall enroll the surviving spouse of the
deceased correction officer in any health, medical, hospital, dental,
surgical, or vision benefit the department of administrative services
contracts for under section 124.82 of the Revised Code or otherwise
provides for the benefit of state employees who are paid directly by
warrant of the director of budget and management. Receiving benefits
under this section does not make the surviving spouse a state
employee.

(2)
A surviving spouse is ineligible to participate in a health, medical,
hospital, dental, surgical, or vision benefit under division (B)(1)
of this section if the spouse is either of the following:

(a)
An employee paid directly by warrant of the director of budget and
management who is eligible to participate in those benefits pursuant
to section 124.82 of the Revised Code;

(b)
Eligible to enroll in the medicare program established by Title XVIII
of the "Social Security Act," 42 U.S.C. 1395c.

(C)
The department of rehabilitation and correction shall pay the
department of administrative services for the total cost of a
surviving spouse's health, medical, hospital, dental, surgical, or
vision benefit under division (B)(1) of this section, plus any
applicable administrative costs.

(D)
A surviving spouse who is receiving a health, medical, hospital,
dental, surgical, or vision benefit under division (B)(1) of this
section shall apply to the director of administrative services to
participate in any health, medical, hospital, dental, surgical, or
vision benefit available under section 124.824 of the Revised Code as
soon as practicable after the spouse's application for a death
benefit paid under section 742.63 of the Revised Code is approved by
the board of trustees of the Ohio police and fire pension fund.

Section
2.
That
existing sections 121.03, 2903.01, 2903.11, 2903.13, 2921.36,
2921.38, 2929.03, 2929.14, and 5120.01 of the Revised Code are hereby
repealed.

Section
3.
This
act shall be known as Andy's Law.

Section
4.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2903.11 of the Revised Code as amended by both S.B. 20 and S.B. 201
of the 132nd General Assembly.

Section
2929.03 of the Revised Code as amended by both H.B. 136 and S.B. 256
of the 133rd General Assembly.

Section
2929.14 of the Revised Code as amended by H.B. 37, H.B. 56, H.B. 111,
and S.B. 106, all of the 135th General Assembly.