Enact the Human Trafficking Prevention Act

As Passed by the House

136th
General Assembly

Regular
Session
Am. H. B. No. 47

2025-2026

Representatives Santucci, Williams

Cosponsors: Representatives Barhorst,
Bird, Click, Daniels, Fischer, Gross, Hall, T., John, Johnson, King,
Lorenz, Robb Blasdel, Richardson, Workman, Mathews, A., Stewart,
Abrams, Brennan, Brewer, Claggett, Cockley, Craig, Creech, Deeter,
Demetriou, Denson, Dovilla, Ghanbari, Hall, D., Hiner, Holmes, Hoops,
Humphrey, Isaacsohn, Jarrells, Kishman, Lampton, LaRe, Lear, Lett,
Manning, Mathews, T., Miller, K., Miller, M., Mohamed, Newman,
Odioso, Oelslager, Peterson, Pizzulli, Plummer, Ray, Ritter,
Robinson, Roemer, Russo, Salvo, Schmidt, Sigrist, Synenberg, Teska,
Thomas, C., Thomas, D., Troy, Upchurch, White, A., White, E., Young

A
BILL

To
amend sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of the
Revised Code
to
enact the Human Trafficking Prevention Act to increase the penalty
for human trafficking of a minor or person with a developmental
disability, kidnapping, and abduction.

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

Section
1.
That
sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of the
Revised Code be amended to read as follows:

Sec.
2903.41.
As
used in sections 2903.41 to 2903.44 of the Revised Code:

(A)
"Violent offender" means any of the following:

(1)
A person who on or after the effective date of this section is
convicted of or pleads guilty to any of the following:

(a)
A violation of section 2903.01, 2903.02, 2903.03,
or

2905.01
of the Revised Code or a violation of section 2905.02 of the Revised
Code that is a felony of the
second

first

degree;

(b)
Any attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (A)(1)(a) of this section.

(2)
A person who on the effective date of this section has been convicted
of or pleaded guilty to an offense listed in division (A)(1) of this
section and is confined in a jail, workhouse, state correctional
institution, or other institution, serving a prison term, term of
imprisonment, or other term of confinement for the offense.

(B)
"Community control sanction," "jail," and
"prison" have the same meanings as in section 2929.01 of
the Revised Code.

(C)
"Out-of-state violent offender" means a person who is
convicted of, pleads guilty to, has been convicted of, or has pleaded
guilty to a violation of any existing or former municipal ordinance
or law of another state or the United States, or any existing or
former law applicable in a military court or in an Indian tribal
court, that is or was substantially equivalent to any offense listed
in division (A)(1) of this section.

(D)
"Qualifying out-of-state violent offender" means an
out-of-state violent offender who is aware of the existence of the
violent offender database.

(E)
"Post-release control sanction" and "supervised
release" have the same meanings as in section 2950.01 of the
Revised Code.

(F)
"Change of address" means a change to a violent offender's
or out-of-state violent offender's residence address, employment
address, or school or institution of higher education address.

(G)
"Violent offender database" means the database of violent
offenders and out-of-state violent offenders that is established and
maintained by the bureau of criminal identification and investigation
under division (F)(2) of section 2903.43 of the Revised Code, that is
operated by sheriffs under sections 2903.42 and 2903.43 of the
Revised Code, and for which sheriffs obtain information from violent
offenders and out-of-state violent offenders pursuant to sections
2903.42 and 2903.43 of the Revised Code.

(H)
"Violent offender database duties" and "VOD duties"
mean the duty to enroll, duty to re-enroll, and duty to provide
notice of a change of address imposed on a violent offender or a
qualifying out-of-state violent offender under section 2903.42,
2903.421, 2903.43, or 2903.44 of the Revised Code.

(I)
"Ten-year enrollment period" means, for a violent offender
who has violent offender database duties pursuant to section 2903.42
of the Revised Code or a qualifying out-of-state violent offender who
has violent offender database duties pursuant to section 2903.421 of
the Revised Code, ten years from the date on which the offender
initially enrolls in the violent offender database.

(J)
"Extended enrollment period" means, for a violent offender
who has violent offender database duties pursuant to section 2903.42
of the Revised Code or a qualifying out-of-state violent offender who
has violent offender database duties pursuant to section 2903.421 of
the Revised Code, the offender's enrollment period as extended
pursuant to division (D)(2) of section 2903.43 of the Revised Code.

(K)
"Prosecutor" means one of the following:

(1)
As used in section 2903.42 of the Revised Code, the office of the
prosecuting attorney who handled a violent offender's underlying case
or the office of that prosecutor's successor.

(2)
As used in sections 2903.421, 2903.43, and 2903.44 of the Revised
Code, the office of the prosecuting attorney of the county in which a
violent offender resides or of the county in which an out-of-state
violent offender resides or occupies a dwelling.

Sec.
2905.01.
(A)
No person, by force, threat, or deception, or, in the case of a
victim under the age of thirteen or mentally incompetent, by any
means, shall remove another from the place where the other person is
found or restrain the liberty of the other person, for any of the
following purposes:

(1)
To hold for ransom, or as a shield or hostage;

(2)
To facilitate the commission of any felony or flight thereafter;

(3)
To terrorize, or to inflict serious physical harm on the victim or
another;

(4)
To engage in sexual activity, as defined in section 2907.01 of the
Revised Code, with the victim against the victim's will;

(5)
To hinder, impede, or obstruct a function of government, or to force
any action or concession on the part of governmental authority;

(6)
To hold in a condition of involuntary servitude.

(B)
No person, by force, threat, or deception, or, in the case of a
victim under the age of thirteen or mentally incompetent, by any
means, shall knowingly
and
without privilege to do so
do
any of the following, under circumstances that create a substantial
risk of serious physical harm to the victim or, in the case of a
minor victim, under circumstances that either create a substantial
risk of serious physical harm to the victim or cause physical harm to
the victim:

(1)
Remove another from the place where the other person is found;

(2)
Restrain another of the other person's liberty.

(C)(1)
Whoever violates this section is guilty of kidnapping. Except as
otherwise provided in this division or division (C)(2)

or
,

(3)
,
or (4)

of this section,
kidnapping

a
violation of division (A)(1), (2), (3), or (5) or (B)(1) or (2) of
this section
is
a felony of the first degree. Except as otherwise provided in this
division or division (C)(2)

or
,

(3)
,
or (4)

of this section, if an offender who violates division (A)(1)

to
,
(2), (3), or

(5)
,

or

(B)(1)
,

or
(B)(2)

(2)

of
this section releases the victim in a safe place unharmed, kidnapping
is a felony of the second degree.

(2)
(2)(a)
Except as provided in division (C)(2)(b) of this section, a violation
of division (A)(4) or (6) of this section is a felony of the first
degree, and, notwithstanding the definite or indefinite sentence
provided for a felony of the first degree in section 2929.14 of the
Revised Code, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term of
twenty-five years and a maximum term of life imprisonment.

(b)
If the offender releases the victim in a safe place unharmed, the
offender shall be sentenced pursuant to that section to an indefinite
term consisting of a minimum term of fifteen years and a maximum term
of life imprisonment.

(3)

If the offender in any case also is convicted of or pleads guilty to
a specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall order the offender
to make restitution as provided in division (B)(8) of section 2929.18
of the Revised Code and, except as otherwise provided in division

(C)(3)

(C)(4)

of
this section, shall sentence the offender to a mandatory prison term
as provided in division (B)(7) of section 2929.14 of the Revised
Code.

(3)

(4)

If
the victim of
the
offense
a
violation of division (A)(1), (2), (3), or (5) or (B)(1) or (2) of
this section
is
less than thirteen years of age and if the offender also is convicted
of or pleads guilty to a sexual motivation specification that was
included in the indictment, count in the indictment, or information
charging the offense, kidnapping is a felony of the first degree,
and, notwithstanding the definite or indefinite sentence provided for
a felony of the first degree in section 2929.14 of the Revised Code,
the offender shall be sentenced pursuant to section 2971.03 of the
Revised Code as follows:

(a)
Except as otherwise provided in division
(C)(3)(b)

(C)(4)(b)

of
this section, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term of

fifteen

twenty-five

years
and a maximum term of life imprisonment.

(b)
If the offender releases the victim in a safe place unharmed, the
offender shall be sentenced pursuant to that section to an indefinite
term consisting of a minimum term of
ten

fifteen

years
and a maximum term of life imprisonment.

(D)
As used in this section:

(1)
"Involuntary servitude" has the same meaning as in section
2905.31 of the Revised Code.

(2)
"Sexual motivation specification" has the same meaning as
in section 2971.01 of the Revised Code.

Sec.
2905.02.
(A)
No person, without privilege to do so, shall knowingly do any of the
following:

(1)
By force or threat, remove another from the place where the other
person is found;

(2)
By force or threat, restrain the liberty of another person under
circumstances that create a risk of physical harm to the victim or
place the other person in fear;

(3)
Hold another in a condition of involuntary servitude.

(B)
No person, with a sexual motivation, shall violate division (A) of
this section.

(C)
(C)(1)

Whoever violates this section is guilty of abduction.
A

(2)
A
violation
of division (A)(1) or (2) of this section or a violation of division
(B) of this section involving conduct of the type described in
division (A)(1) or (2) of this section is a felony of the third
degree.
A

(3)
A
violation
of division (A)(3) of this section or a violation of division (B) of
this section involving conduct of the type described in division
(A)(3) of this section is a felony of the
second

first

degree.

If

Notwithstanding
the definite or indefinite sentence provided for a felony of the
first degree in section 2929.14 of the Revised Code, the offender
shall be sentenced for a violation of division (A)(3) of this section
or a violation of division (B) of this section to an indefinite
prison term consisting of a minimum term of twenty-five years and a
maximum term of life imprisonment.

(4)
If
the
offender in any case also is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and shall order the offender to
make restitution as provided in division (B)(8) of section 2929.18 of
the Revised Code.

(D)
As used in this section:

(1)
"Involuntary servitude" has the same meaning as in section
2905.31 of the Revised Code.

(2)
"Sexual motivation" has the same meaning as in section
2971.01 of the Revised Code.

Sec.
2905.32.
(A)
No person shall knowingly recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, or knowingly attempt to
recruit, lure, entice, isolate, harbor, transport, provide, obtain,
or maintain, another person if either of the following applies:

(1)
The offender knows
or
has reasonable cause to believe
that
the other person will be subjected to involuntary servitude or be
compelled to engage in sexual activity for hire, engage in a
performance that is obscene, sexually oriented, or nudity oriented,
or be a model or participant in the production of material that is
obscene, sexually oriented, or nudity oriented.

(2)
The other person is less than eighteen years of age or is a person
with a developmental disability whom the offender knows or has
reasonable cause to believe is a person with a developmental
disability, and either the offender knows
or
has reasonable cause to believe
that
the other person will be subjected to involuntary servitude or the
offender's knowing recruitment, luring, enticement, isolation,
harboring, transportation, provision, obtaining, or maintenance of
the other person or knowing attempt to recruit, lure, entice,
isolate, harbor, transport, provide, obtain, or maintain the other
person is for any of the following purposes:

(a)
For the other person to engage in sexual activity for hire with one
or more third parties;

(b)
To engage in a performance for hire that is obscene, sexually
oriented, or nudity oriented;

(c)
To be a model or participant for hire in the production of material
that is obscene, sexually oriented, or nudity oriented.

(B)
For a prosecution under division (A)(1) of this section, the element
"compelled" does not require that the compulsion be openly
displayed or physically exerted. The element "compelled"
has been established if the state proves that the offender overcame
the victim's will by force, fear, duress, intimidation, or fraud, by
furnishing or offering a controlled substance to the victim, or by
manipulating the victim's controlled substance addiction.

(C)
In a prosecution under this section, proof that the defendant engaged
in sexual activity with any person, or solicited sexual activity with
any person, whether or not for hire, without more, does not
constitute a violation of this section.

(D)
A prosecution for a violation of this section does not preclude a
prosecution of a violation of any other section of the Revised Code.
One or more acts, a series of acts, or a course of behavior that can
be prosecuted under this section or any other section of the Revised
Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted
of or pleads guilty to a violation of this section and also is
convicted of or pleads guilty to a violation of section 2907.21 of
the Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, or is convicted
of or pleads guilty to any other violation of Chapter 2907. of the
Revised Code based on the same conduct involving the same victim that
was the basis of the violation of this section, the two offenses are
allied offenses of similar import under section 2941.25 of the
Revised Code.

(E)
(E)(1)

Whoever violates this section is guilty of trafficking in persons, a
felony of the first degree. For a violation committed prior to March
22, 2019, notwithstanding the range of definite terms set forth in
division (A)(1)(b) of section 2929.14 of the Revised Code, the court
shall sentence the offender to a definite prison term of ten, eleven,
twelve, thirteen, fourteen, or fifteen years.
For

Except
as provided in division (E)(2) or (3) of this section, for
a
violation
of
division (A)(1) or (2) of this section
committed
on or after March 22, 2019, notwithstanding the range of minimum
terms set forth in division (A)(1)(a) of section 2929.14 of the
Revised Code, the court shall sentence the offender to an indefinite
prison term pursuant to that division, with a minimum term under that
sentence of ten, eleven, twelve, thirteen, fourteen, or fifteen
years.

(2)
For a violation of division (A)(1) of this section committed on or
after the effective date of this amendment, notwithstanding the
definite or indefinite sentence provided for a felony of the first
degree in section 2929.14 of the Revised Code, the court shall
sentence the offender to an indefinite prison term consisting of a
minimum term of fifteen years and a maximum term of life
imprisonment.

(3)
Whoever violates division (A)(2) of this section is guilty of
trafficking in minors or in persons with developmental disabilities,
a felony of the first degree. For a violation of division (A)(2) of
this section committed on or after the effective date of this
amendment, notwithstanding the definite or indefinite sentence
provided for a felony of the first degree in section 2929.14 of the
Revised Code, the court shall sentence the offender to an indefinite
prison term consisting of a minimum term of twenty-five years and a
maximum term of life imprisonment.

(F)
As used in this section:

(1)
"Person with a developmental disability" means a person
whose ability to resist or consent to an act is substantially
impaired because of a mental or physical condition or because of
advanced age.

(2)
"Sexual activity for hire," "performance for hire,"
and "model or participant for hire" mean an implicit or
explicit agreement to provide sexual activity, engage in an obscene,
sexually oriented, or nudity oriented performance, or be a model or
participant in the production of obscene, sexually oriented, or
nudity oriented material, whichever is applicable, in exchange for
anything of value paid to any of the following:

(a)
The person engaging in such sexual activity, performance, or modeling
or participation;

(b)
Any person who recruits, lures, entices, isolates, harbors,
transports, provides, obtains, or maintains, or attempts to recruit,
lure, entice, isolate, harbor, transport, provide, obtain, or
maintain the person described in division (F)(2)(a) of this section;

(c)
Any person associated with a person described in division (F)(2)(a)
or (b) of this section.

(3)
"Material that is obscene, sexually oriented, or nudity
oriented" and "performance that is obscene, sexually
oriented, or nudity oriented" have the same meanings as in
section 2929.01 of the Revised Code.

(4)
"Third party" means, with respect to conduct described in
division (A)(2)(a) of this section, any person other than the
offender.

Sec.
2971.03.
(A)
Notwithstanding divisions (A) and (D) of section 2929.14, section
2929.02, 2929.03, 2929.06, 2929.13, or another section of the Revised
Code, other than divisions (B) and (C) of section 2929.14 of the
Revised Code, that authorizes or requires a specified prison term or
a mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of service
of a prison term or term of imprisonment, the court shall impose a
sentence upon a person who is convicted of or pleads guilty to a
violent sex offense and who 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
offense, and upon a person who 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 offense, as follows:

(1)
Except as provided in division (A)(5) of this section, if the offense
for which the sentence is being imposed is aggravated murder and if
the court does not impose upon the offender a sentence of death, it
shall impose upon the offender a term of life imprisonment without
parole. If the court sentences the offender to death and the sentence
of death is vacated, overturned, or otherwise set aside, the court
shall impose upon the offender a term of life imprisonment without
parole.

(2)
Except as provided in division (A)(5) of this section, if the offense
for which the sentence is being imposed is murder; or if the offense
is rape committed in violation of division (A)(1)(b) of section
2907.02 of the Revised Code when the offender purposely compelled the
victim to submit by force or threat of force, when the victim was
less than ten years of age, when the offender previously has been
convicted of or pleaded guilty to either rape committed in violation
of that division or a violation of an existing or former law of this
state, another state, or the United States that is substantially
similar to division (A)(1)(b) of section 2907.02 of the Revised Code,
or when the offender during or immediately after the commission of
the rape caused serious physical harm to the victim; or if the
offense is an offense other than aggravated murder or murder for
which a term of life imprisonment may be imposed, it shall impose
upon the offender a term of life imprisonment without parole.

(3)(a)
Except as otherwise provided in division (A)(3)(b), (c), (d), or (e)
or (A)(4) of this section, if the offense for which the sentence is
being imposed is an offense other than aggravated murder, murder, or
rape and other than an offense for which a term of life imprisonment
may be imposed, it shall impose an indefinite prison term consisting
of a minimum term fixed by the court as described in this division,
but not less than two years, and a maximum term of life imprisonment.
Except as otherwise specified in this division, the minimum term
shall be fixed by the court from among the range of terms available
as a definite term for the offense. If the offense is a felony of the
first or second degree committed on or after March 22, 2019, the
minimum term shall be fixed by the court from among the range of
terms available as a minimum term for the offense under division
(A)(1)(a) or (2)(a) of that section.

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

(i)
If the kidnapping is committed on or after January 1, 2008, and the
victim of the offense is less than
thirteen

eighteen

years
of age, except as otherwise provided in this division, it shall
impose an indefinite prison term consisting of a minimum term of

fifteen

twenty-five

years
and a maximum term of life imprisonment. If the kidnapping is
committed on or after January 1, 2008, the victim of the offense is
less than
thirteen

eighteen

years
of age, and the offender released the victim in a safe place
unharmed, it shall impose an indefinite prison term consisting of a
minimum term of
ten

fifteen

years
and a maximum term of life imprisonment.

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

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

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

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

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

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

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

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

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

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

(4)
Except as provided in division (A)(5) of this section, for any
offense for which the sentence is being imposed, if the offender
previously has been convicted of or pleaded guilty to a violent sex
offense and also to a sexually violent predator specification that
was included in the indictment, count in the indictment, or
information charging that offense, or previously has been convicted
of or pleaded guilty to a designated homicide, assault, or kidnapping
offense and also 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
offense, it shall impose upon the offender a term of life
imprisonment without parole.

(5)
Notwithstanding divisions (A)(1), (2), and (4) of this section, the
court shall not impose a sentence of life imprisonment without parole
upon any person for an offense that was committed when the person was
under eighteen years of age. In any case described in division
(A)(1), (2), or (4) of this section, if the offense was committed
when the person was under eighteen years of age, the court shall
impose an indefinite prison term consisting of a minimum term of
thirty years and a maximum term of life imprisonment.

(B)(1)
Notwithstanding section 2929.13, division (A) or (D) of section
2929.14, or another section of the Revised Code other than division
(B) of section 2907.02 or divisions (B) and (C) of section 2929.14 of
the Revised Code that authorizes or requires a specified prison term
or a mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of service
of a prison term or term of imprisonment, if 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, if
division (A) of this section does not apply regarding the person, and
if 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, the court shall impose upon the person an indefinite prison
term consisting of one of the following:

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

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

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

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

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

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

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

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

(a)
An indefinite prison term consisting of a minimum of
ten

fifteen

years
and a maximum term of life imprisonment if the offense for which the
sentence is being imposed is kidnapping, the victim of the offense is
less than
thirteen

eighteen

years
of age, and the offender released the victim in a safe place
unharmed;

(b)
An indefinite prison term consisting of a minimum of
fifteen

twenty-five

years
and a maximum term of life imprisonment if the offense for which the
sentence is being imposed is kidnapping when the victim of the
offense is less than
thirteen

eighteen

years
of age and division (B)(3)(a) of this section does not apply;

(c)
An indefinite term consisting of a minimum of thirty years and a
maximum term of life imprisonment if the offense for which the
sentence is being imposed is aggravated murder, when the victim of
the offense is less than thirteen years of age, a sentence of death
or life imprisonment without parole is not imposed for the offense,
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 that the sentence for the
offense be imposed pursuant to this division;

(d)
An indefinite prison term consisting of a minimum of thirty years and
a maximum term of life imprisonment if the offense for which the
sentence is being imposed is murder when the victim of the offense is
less than thirteen years of age.

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

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

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

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

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

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

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

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

(4)
Except as provided in division (G) of this section, an offender who
has been sentenced to a term of life imprisonment without parole
pursuant to division (A)(1), (2), or (4) of this section shall not be
released from the term of life imprisonment or be permitted to serve
a portion of it in a place other than a state correctional
institution.

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

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

(F)(1)
If an offender 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 offense, or 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 offense, the conviction of
or plea of guilty to the offense and the sexually violent predator
specification automatically classifies the offender as a tier III sex
offender/child-victim offender for purposes of Chapter 2950. of the
Revised Code.

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

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

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

(G)
Notwithstanding divisions (A) to (E) of this section, if an offender
receives or received a sentence of life imprisonment without parole,
a definite sentence, or a sentence to an indefinite prison term under
this chapter for an offense committed when the offender was under
eighteen years of age, the offender is eligible for parole and the
offender's parole eligibility shall be determined under section
2967.132 of the Revised Code.

Section
2.
That
existing sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of
the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Human Trafficking Prevention Act.

Section
4.
Section
2971.03 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 136 and S.B. 256 of the 133rd
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.