Regards penalties for politically motivated criminal offenses

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 457

2025-2026

Representatives Daniels, Williams

Cosponsors: Representatives Barhorst,
Bird, Claggett, Demetriou, Hall, T., John, Lear, Miller, K., Workman

To
amend sections 2903.01, 2929.01, 2929.12, 2929.14, and 2929.22 and to
enact section 2941.1428 of the Revised Code
to
create new aggravated murder offenses for political motivation and
political victims, to create a mandatory prison term for politically
motivated offenses of violence, and to add political motivation to
sentencing factors for felonies and misdemeanors.

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

Section
1.
That
sections 2903.01, 2929.01, 2929.12, 2929.14, and 2929.22 be amended
and section 2941.1428 of the Revised Code be enacted to read as
follows:

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 whom the offender knows or has reasonable cause to know is a
law enforcement officer 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.

(2)
It is the offender's specific purpose to kill a law enforcement
officer.

(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)

No
person shall purposely cause the death of an elected official.

(H)
No person shall purposely cause the death of a another person if the
offender's motivation for the killing is based on political
affiliation, association, belief, or ideology, whether or not the
offender was mistaken as to that motivation.

(I)

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

(H)
(J)

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.

(5)
"Elected official" means an official elected to a local or
statewide office.

Sec.
2929.01.
As
used in this chapter:

(A)(1)
"Alternative residential facility" means, subject to
divisions (A)(2) and (3) of this section, any facility other than an
offender's home or residence in which an offender is assigned to live
and that satisfies all of the following criteria:

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

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

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

(3)
"Alternative residential facility" includes a community
alternative sentencing center or district community alternative
sentencing center when authorized by section 307.932 of the Revised
Code and when the center is being used for an OVI term of
confinement, as defined by that section.

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

(C)
"Cocaine," "fentanyl-related compound,"
"hashish," "L.S.D.," and "unit dose"
have the same meanings as in section 2925.01 of the Revised Code.

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

(E)
"Community control sanction" means a sanction that is not a
prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not a
jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction"
includes probation if the sentence involved was imposed for a felony
that was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January 1,
2004.

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

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

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

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

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

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

(L)
"Economic loss" means any economic detriment suffered by a
victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense, and the cost of any accounting or auditing
done to determine the extent of loss if the cost is incurred and
payable by the victim. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.

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

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

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

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

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

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

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

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

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

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

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

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

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

(W)
"Major drug offender" means an offender who is convicted of
or pleads guilty to the possession of, sale of, or offer to sell any
drug, compound, mixture, preparation, or substance that consists of
or contains at least one thousand grams of hashish; at least one
hundred grams of cocaine; at least one thousand unit doses or one
hundred grams of heroin; at least five thousand unit doses of L.S.D.
or five hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form; at least fifty grams of a
controlled substance analog; at least one thousand unit doses or one
hundred grams of a fentanyl-related compound; or at least one hundred
times the amount of any other schedule I or II controlled substance
other than marihuana that is necessary to commit a felony of the
third degree pursuant to section 2925.03, 2925.04, 2925.05, or
2925.11 of the Revised Code that is based on the possession of, sale
of, or offer to sell the controlled substance.

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

(1)
Subject to division (X)(2) of this section, the term in prison that
must be imposed for the offenses or circumstances set forth in
divisions (F)(1) to (8) or (F)(12) to (21) of section 2929.13 and
division (B) of section 2929.14 of the Revised Code. Except as
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11
of the Revised Code, unless the maximum or another specific term is
required under section 2929.14 or 2929.142 of the Revised Code, a
mandatory prison term described in this division may be any prison
term authorized for the level of offense except that if the offense
is a felony of the first or second degree committed on or after March
22, 2019, a mandatory prison term described in this division may be
one of the terms prescribed in division (A)(1)(a) or (2)(a) of
section 2929.14 of the Revised Code, whichever is applicable, that is
authorized as the minimum term for the offense.

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

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

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

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

(AA)
"Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the control
of the department of rehabilitation and correction and includes a
violation sanction center operated under authority of section
2967.141 of the Revised Code.

(BB)(1)
"Prison term" includes either of the following sanctions
for an offender:

(a)
A stated prison term;

(b)
A term in a prison shortened by, or with the approval of, the
sentencing court pursuant to section 2929.143, 2929.20, 5120.031,
5120.032, or 5120.073 of the Revised Code or shortened pursuant to
section 2967.26 of the Revised Code.

(2)
With respect to a non-life felony indefinite prison term, references
in any provision of law to a reduction of, or deduction from, the
prison term mean a reduction in, or deduction from, the minimum term
imposed as part of the indefinite term.

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

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

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

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

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

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

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

(FF)(1)
"Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory prison
terms imposed by the sentencing court pursuant to section 2929.14,
2929.142, or 2971.03 of the Revised Code or under section 2919.25 of
the Revised Code. "Stated prison term" includes any credit
received by the offender for time spent in jail awaiting trial,
sentencing, or transfer to prison for the offense and any time spent
under house arrest or house arrest with electronic monitoring imposed
after earning credits pursuant to section 2967.193 or 2967.194 of the
Revised Code. If an offender is serving a prison term as a risk
reduction sentence under sections 2929.143 and 5120.036 of the
Revised Code, "stated prison term" includes any period of
time by which the prison term imposed upon the offender is shortened
by the offender's successful completion of all assessment and
treatment or programming pursuant to those sections.

(2)
As used in the definition of "stated prison term" set forth
in division (FF)(1) of this section, a prison term is a definite
prison term imposed under section 2929.14 of the Revised Code or any
other provision of law, is the minimum and maximum prison terms under
a non-life felony indefinite prison term, or is a term of life
imprisonment except to the extent that the use of that definition in
a section of the Revised Code clearly is not intended to include a
term of life imprisonment. With respect to an offender sentenced to a
non-life felony indefinite prison term, references in section
2967.191, 2967.193, or 2967.194 of the Revised Code or any other
provision of law to a reduction of, or deduction from, the offender's
stated prison term or to release of the offender before the
expiration of the offender's stated prison term mean a reduction in,
or deduction from, the minimum term imposed as part of the indefinite
term or a release of the offender before the expiration of that
minimum term, references in section 2929.19 or 2967.28 of the Revised
Code to a stated prison term with respect to a prison term imposed
for a violation of a post-release control sanction mean the minimum
term so imposed, and references in any provision of law to an
offender's service of the offender's stated prison term or the
expiration of the offender's stated prison term mean service or
expiration of the minimum term so imposed plus any additional period
of incarceration under the sentence that is required under section
2967.271 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)
The device has a receiver that can receive continuously the signals
transmitted by a transmitter of the type described in division
(UU)(1)(a) of this section, can transmit continuously those signals
by a wireless or landline telephone connection to a central
monitoring computer of the type described in division (UU)(1)(c) of
this section, and can transmit continuously an appropriate signal to
that central monitoring computer if the device has been turned off or
altered without prior court approval or otherwise tampered with. The
device is designed specifically for use in electronic monitoring, is
not a converted wireless phone or another tracking device that is
clearly not designed for electronic monitoring, and provides a means
of text-based or voice communication with the person.

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

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

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

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

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

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

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

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

(YY)
A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex offense
and also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment, count in
the indictment, or information charging that violent sex offense or
if the person is convicted of or pleads guilty to a designated
homicide, assault, or kidnapping offense and also is convicted of or
pleads guilty to both a sexual motivation specification and a
sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that
designated homicide, assault, or kidnapping offense.

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

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

(1)
Its object is one or both of the following:

(a)
To subject a victim or victims to involuntary servitude, as defined
in section 2905.31 of the Revised Code or to compel a victim or
victims to engage in sexual activity for hire, to engage in a
performance that is obscene, sexually oriented, or nudity oriented,
or to be a model or participant in the production of material that is
obscene, sexually oriented, or nudity oriented;

(b)
To facilitate, encourage, or recruit a victim who is a minor or is a
person with a developmental disability, or victims who are minors or
are persons with developmental disabilities, for any purpose listed
in divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code.

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

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

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

(c)
The felony offenses are related to the same scheme or plan and are
not isolated instances.

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

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

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

(EEE)
"Accelerant" means a fuel or oxidizing agent, such as an
ignitable liquid, used to initiate a fire or increase the rate of
growth or spread of a fire.

(FFF)
"Permanent disabling harm" means serious physical harm that
results in permanent injury to the intellectual, physical, or sensory
functions and that permanently and substantially impairs a person's
ability to meet one or more of the ordinary demands of life,
including the functions of caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning, and
working.

(GGG)
"Non-life felony indefinite prison term" means a prison
term imposed under division (A)(1)(a) or (2)(a) of section 2929.14
and section 2929.144 of the Revised Code for a felony of the first or
second degree committed on or after March 22, 2019.

(HHH)
"Biological sex" means the biological indication of male
and female, including sex chromosomes, naturally occurring sex
hormones, gonads, and nonambiguous internal and external genitalia
present at birth, without regard to an individual's psychological,
chosen, or subjective experience of gender.

Sec.
2929.12.
(A)
Unless otherwise required by section 2929.13 or 2929.14 of the
Revised Code, a court that imposes a sentence under this chapter upon
an offender for a felony has discretion to determine the most
effective way to comply with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code. In
exercising that discretion, the court shall consider the factors set
forth in divisions (B) and (C) of this section relating to the
seriousness of the conduct, the factors provided in divisions (D) and
(E) of this section relating to the likelihood of the offender's
recidivism, the factors set forth in division (F) of this section
pertaining to the offender's service in the armed forces of the
United States, and the factors set forth in division (G) of this
section relating to Alford pleas and, in addition, may consider any
other factors that are relevant to achieving those purposes and
principles of sentencing.

(B)
The sentencing court shall consider all of the following that apply
regarding the offender, the offense, or the victim, and any other
relevant factors, as indicating that the offender's conduct is more
serious than conduct normally constituting the offense:

(1)
The physical or mental injury suffered by the victim of the offense
due to the conduct of the offender was exacerbated because of the
physical or mental condition or age of the victim.

(2)
The victim of the offense suffered serious physical, psychological,
or economic harm, including serious physical harm the victim caused
to the victim's self, as a result of the offense.

(3)
The victim died by suicide as a result of the offense.

(4)
The offender held a public office or position of trust in the
community, and the offense related to that office or position.

(5)
The offender's occupation, elected office, or profession obliged the
offender to prevent the offense or bring others committing it to
justice.

(6)
The offender's professional reputation or occupation, elected office,
or profession was used to facilitate the offense or is likely to
influence the future conduct of others.

(7)
The offender's relationship with the victim facilitated the offense.

(8)
The offender committed the offense for hire or as a part of an
organized criminal activity.

(9)
In committing the offense, the offender was motivated by prejudice
based on race, ethnic background, gender, sexual orientation, or
religion.

(10)
If the offense is a violation of section 2919.25 or a violation of
section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a
person who was a family or household member at the time of the
violation, the offender committed the offense in the vicinity of one
or more children who are not victims of the offense, and the offender
or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children.

(11)
Whether the offender was motivated to commit the offense by the race,
religion, elected or appointed position, political affiliation,
political association, or biological sex of the victim.

(C)
The sentencing court shall consider all of the following that apply
regarding the offender, the offense, or the victim, and any other
relevant factors, as indicating that the offender's conduct is less
serious than conduct normally constituting the offense:

(1)
The victim induced or facilitated the offense.

(2)
In committing the offense, the offender acted under strong
provocation.

(3)
In committing the offense, the offender did not cause or expect to
cause physical harm to any person or property.

(4)
There are substantial grounds to mitigate the offender's conduct,
although the grounds are not enough to constitute a defense.

(D)
The sentencing court shall consider all of the following that apply
regarding the offender, and any other relevant factors, as factors
indicating that the offender is likely to commit future crimes:

(1)
At the time of committing the offense, the offender was under release
from confinement before trial or sentencing; was under a sanction
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code; was under post-release control pursuant to section
2967.28 or any other provision of the Revised Code for an earlier
offense or had been unfavorably terminated from post-release control
for a prior offense pursuant to division (B) of section 2967.16 or
section 2929.141 of the Revised Code; was under transitional control
in connection with a prior offense; or had absconded from the
offender's approved community placement resulting in the offender's
removal from the transitional control program under section 2967.26
of the Revised Code.

(2)
The offender previously was adjudicated a delinquent child pursuant
to Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code, or the offender has a
history of criminal convictions.

(3)
The offender has not been rehabilitated to a satisfactory degree
after previously being adjudicated a delinquent child pursuant to
Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code, or the offender has
not responded favorably to sanctions previously imposed for criminal
convictions.

(4)
The offender has demonstrated a pattern of drug or alcohol abuse that
is related to the offense, and the offender refuses to acknowledge
that the offender has demonstrated that pattern, or the offender
refuses treatment for the drug or alcohol abuse.

(5)
The offender shows no genuine remorse for the offense.

(E)
The sentencing court shall consider all of the following that apply
regarding the offender, and any other relevant factors, as factors
indicating that the offender is not likely to commit future crimes:

(1)
Prior to committing the offense, the offender had not been
adjudicated a delinquent child.

(2)
Prior to committing the offense, the offender had not been convicted
of or pleaded guilty to a criminal offense.

(3)
Prior to committing the offense, the offender had led a law-abiding
life for a significant number of years.

(4)
The offense was committed under circumstances not likely to recur.

(5)
Except as provided in division (G) of this section, the offender
shows genuine remorse for the offense.

(F)
The sentencing court shall consider the offender's military service
record and whether the offender has an emotional, mental, or physical
condition that is traceable to the offender's service in the armed
forces of the United States and that was a contributing factor in the
offender's commission of the offense or offenses.

(G)
If the offender enters an Alford plea, the sentencing court shall not
consider whether the offender showed genuine remorse for the offense.

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), (E), (G),
(H), (J), or (K) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense for
which a sentence of death or life imprisonment is to be imposed, if
the court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant to this
chapter, the court shall impose a prison term that shall be one of
the following:

(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.

(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.

(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2919.25, or 3795.04 of the Revised Code, that is a
violation of division (A) of section 4511.19 of the Revised Code if
the offender previously has been convicted of or pleaded guilty to a
violation of division (A) of that section that was a felony, that is
a violation of section 2911.02 or 2911.12 of the Revised Code if the
offender previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or that is
a violation of division (B) of section 2921.331 of the Revised Code
if division (C)(5) of that section applies, the prison term shall be
a definite term of twelve, eighteen, twenty-four, thirty, thirty-six,
forty-two, forty-eight, fifty-four, or sixty months.

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

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

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

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

(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;

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

(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;

(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(v)
A prison term of fifty-four months if the specification is of the
type described in division (D) of section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using the
firearm to facilitate the offense and that the offender previously
has been convicted of or pleaded guilty to a specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.

(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.

(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.

(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.

(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.

(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:

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

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

(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.

(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code.

(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.

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

(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:

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

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

(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.

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

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

(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:

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

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

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

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

(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.

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

(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.

(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.

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

(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.

(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.

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

(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;

(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;

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

(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.

(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a mandatory
term that is one of the terms prescribed in that division, whichever
is applicable, for the offense.

(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:

(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;

(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.

(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.

(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under ten years of age
at the time of the offense, regardless of whether the offender knew
the age of the victim, the court shall impose upon the offender an
additional definite prison term of six years. A prison term imposed
on an offender under division (B)(10) of this section shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division relative to
a violation of division (A) of section 2903.11 of the Revised Code,
the court shall not impose any other additional prison term on the
offender relative to the same offense.

(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(11) of
this section for felonies committed as part of the same act.

(12)
If an offender who is convicted of or pleads guilty to a felony
offense of violence is also convicted of or pleads guilty to a
specification of the type described in section 2941.1428 of the
Revised Code that charges that the offense is a felony offense of
violence and was politically motivated, the court shall impose as a
mandatory prison term the maximum prison term allowed for the
underlying offense and shall impose on the offender an additional
mandatory prison term of ten 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)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.

(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.

(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.

(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.

(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.

Sec.
2929.22.
(A)
Unless a mandatory jail term is required to be imposed by division
(G) of section 1547.99, division (B) of section 4510.14, division (G)
of section 4511.19 of the Revised Code, or any other provision of the
Revised Code a court that imposes a sentence under this chapter upon
an offender for a misdemeanor or minor misdemeanor has discretion to
determine the most effective way to achieve the purposes and
principles of sentencing set forth in section 2929.21 of the Revised
Code.

Unless
a specific sanction is required to be imposed or is precluded from
being imposed by the section setting forth an offense or the penalty
for an offense or by any provision of sections 2929.23 to 2929.28 of
the Revised Code, a court that imposes a sentence upon an offender
for a misdemeanor may impose on the offender any sanction or
combination of sanctions under sections 2929.24 to 2929.28 of the
Revised Code. The court shall not impose a sentence that imposes an
unnecessary burden on local government resources.

(B)(1)
In determining the appropriate sentence for a misdemeanor, the court
shall consider all of the following factors:

(a)
The nature and circumstances of the offense or offenses;

(b)
Whether the circumstances regarding the offender and the offense or
offenses indicate that the offender has a history of persistent
criminal activity and that the offender's character and condition
reveal a substantial risk that the offender will commit another
offense;

(c)
Whether the circumstances regarding the offender and the offense or
offenses indicate that the offender's history, character, and
condition reveal a substantial risk that the offender will be a
danger to others and that the offender's conduct has been
characterized by a pattern of repetitive, compulsive, or aggressive
behavior with heedless indifference to the consequences;

(d)
Whether the victim's youth, age, disability, or other factor made the
victim particularly vulnerable to the offense or made the impact of
the offense more serious;

(e)
Whether the offender is likely to commit future crimes in general, in
addition to the circumstances described in divisions (B)(1)(b) and
(c) of this section;

(f)
Whether the offender has an emotional, mental, or physical condition
that is traceable to the offender's service in the armed forces of
the United States and that was a contributing factor in the
offender's commission of the offense or offenses;

(g)

Whether
the circumstances of the offense indicate that the offender was
motivated to commit the offense by the race, religion, elected or
appointed position, political affiliation, political association, or
biological sex of the victim;

(h)

The
offender's military service record.

(2)
In determining the appropriate sentence for a misdemeanor, if the
offender enters an Alford plea, the sentencing court shall not
consider whether the offender showed genuine remorse for the offense.

(3)
In determining the appropriate sentence for a misdemeanor, in
addition to complying with division (B)(1) of this section, the court
may consider any other factors that are relevant to achieving the
purposes and principles of sentencing set forth in section 2929.21 of
the Revised Code.

(C)
Before imposing a jail term as a sentence for a misdemeanor, a court
shall consider the appropriateness of imposing a community control
sanction or a combination of community control sanctions under
sections 2929.25, 2929.26, 2929.27, and 2929.28 of the Revised Code.
A court may impose the longest jail term authorized under section
2929.24 of the Revised Code only upon offenders who commit the worst
forms of the offense or upon offenders whose conduct and response to
prior sanctions for prior offenses demonstrate that the imposition of
the longest jail term is necessary to deter the offender from
committing a future criminal offense.

(D)(1)
A sentencing court shall consider any relevant oral and written
statement made by the victim, the victim's representative, the
victim's attorney, if applicable, the defendant, the defense
attorney, and the prosecuting authority regarding sentencing for a
misdemeanor. This division does not create any rights to notice other
than those rights authorized by Chapter 2930. of the Revised Code.

(2)
At the time of sentencing for a misdemeanor or as soon as possible
after sentencing, the court shall notify the victim of the offense of
the victim's right to file an application for an award of reparations
pursuant to sections 2743.51 to 2743.72 of the Revised Code.

Sec.
2941.1428.
(A)
Imposition of a mandatory prison term upon an offender pursuant to
division (B)(12) of section 2929.14 of the Revised Code, pursuant to
a determination by a court that an offense is a felony offense of
violence and was politically motivated, is precluded unless the
indictment, count in the indictment, or information charging the
offender specifies that the offense is a felony offense of violence
and was politically motivated. 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 offense is a felony offense
of violence and was politically motivated)."

(B)
The court shall determine the issue of whether an offense was
politically motivated.

(C)
As used in this section, a felony offense of violence is politically
motivated if a motivation for the offense is the victim's political
affiliation, association, belief, or ideology, whether or not the
offender was mistaken as to that motivation.

Section
2.
That
existing sections 2903.01, 2929.01, 2929.12, 2929.14, and 2929.22 of
the Revised Code are hereby repealed.

Section
3.
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
2929.12 of the Revised Code as amended by both H.B. 234 and H.B. 531
of the 135th 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.