Abolish the death penalty; revise number of juror challenges

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 133

2025-2026

Senators Antonio, Huffman

A
BILL

To
amend sections 9.07, 120.03, 120.041, 120.06, 120.14, 120.16, 120.18,
120.24, 120.26, 120.28, 120.33, 120.34, 149.43, 149.436, 1901.183,
2152.13, 2152.67, 2301.20, 2307.60, 2317.02, 2701.07, 2743.51,
2901.02, 2909.24, 2929.02, 2929.13, 2929.14, 2929.61, 2930.19,
2937.222, 2941.021, 2941.14, 2941.148, 2941.401, 2941.43, 2941.51,
2945.06, 2945.10, 2945.13, 2945.21, 2945.25, 2945.33, 2945.38,
2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09, 2953.10,
2953.21, 2953.23, 2953.71, 2953.72, 2953.73, 2953.81, 2967.05,
2967.12, 2967.13, 2967.193, 2967.194, 2971.03, 2971.07, 5120.113,
5120.53, 5120.61, 5139.04, and 5919.16 and to repeal sections 109.97,
120.35, 2725.19, 2929.021, 2929.022, 2929.023, 2929.024, 2929.025,
2929.03, 2929.04, 2929.05, 2929.06, 2945.20, 2947.08, 2949.21,
2949.22, 2949.221, 2949.222, 2949.24, 2949.25, 2949.26, 2949.27,
2949.28, 2949.29, 2949.31, and 2967.08 of the Revised Code
to
abolish the death penalty and to modify the number of jurors that may
be challenged in cases where a defendant may be sentenced to life
imprisonment.

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

Section
1.
That
sections 9.07, 120.03, 120.041, 120.06, 120.14, 120.16, 120.18,
120.24, 120.26, 120.28, 120.33, 120.34, 149.43, 149.436, 1901.183,
2152.13, 2152.67, 2301.20, 2307.60, 2317.02, 2701.07, 2743.51,
2901.02, 2909.24, 2929.02, 2929.13, 2929.14, 2929.61, 2930.19,
2937.222, 2941.021, 2941.14, 2941.148, 2941.401, 2941.43, 2941.51,
2945.06, 2945.10, 2945.13, 2945.21, 2945.25, 2945.33, 2945.38,
2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09, 2953.10,
2953.21, 2953.23, 2953.71, 2953.72, 2953.73, 2953.81, 2967.05,
2967.12, 2967.13, 2967.193, 2967.194, 2971.03, 2971.07, 5120.113,
5120.53, 5120.61, 5139.04, and 5919.16 of the Revised Code be amended
to read as follows:

Sec.
9.07.
(A)
As used in this section:

(1)

"
Deadly
weapon
"

has the same meaning as in section 2923.11 of the Revised Code.

(2)

"
Governing
authority of a local public entity
"

means whichever of the following is applicable:

(a)
For a county, the board of county commissioners of the county;

(b)
For a municipal corporation, the legislative authority of the
municipal corporation;

(c)
For a combination of counties, a combination of municipal
corporations, or a combination of one or more counties and one or
more municipal corporations, all boards of county commissioners and
legislative authorities of all of the counties and municipal
corporations that combined to form a local public entity for purposes
of this section.

(3)

"
Local
public entity
"

means a county, a municipal corporation, a combination of counties, a
combination of municipal corporations, or a combination of one or
more counties and one or more municipal corporations.

(4)

"
Non-contracting
political subdivision
"

means any political subdivision to which all of the following apply:

(a)
A correctional facility for the housing of out-of-state prisoners in
this state is or will be located in the political subdivision.

(b)
The correctional facility described in division (A)(4)(a) of this
section is being operated and managed, or will be operated and
managed, by a local public entity or a private contractor pursuant to
a contract entered into prior to March 17, 1998, or a contract
entered into on or after March 17, 1998, under this section.

(c)
The political subdivision is not a party to the contract described in
division (A)(4)(b) of this section for the management and operation
of the correctional facility.

(5)

"
Out-of-state
jurisdiction
"

means the United States, any state other than this state, and any
political subdivision or other jurisdiction located in a state other
than this state.

(6)

"
Out-of-state
prisoner
"

means a person who is convicted of a crime in another state or under
the laws of the United States or who is found under the laws of
another state or of the United States to be a delinquent child or the
substantially equivalent designation.

(7)

"
Private
contractor
"

means either of the following:

(a)
A person who, on or after March 17, 1998, enters into a contract
under this section with a local public entity to operate and manage a
correctional facility in this state for out-of-state prisoners.

(b)
A person who, pursuant to a contract with a local public entity
entered into prior to March 17, 1998, operates and manages on March
17, 1998, a correctional facility in this state for housing
out-of-state prisoners.

(B)
Subject to division (I) of this section, the only entities other than
this state that are authorized to operate a correctional facility to
house out-of-state prisoners in this state are a local public entity
that operates a correctional facility pursuant to this section or a
private contractor that operates a correctional facility pursuant to
this section under a contract with a local public entity.

Subject
to division (I) of this section, a private entity may operate a
correctional facility in this state for the housing of out-of-state
prisoners only if the private entity is a private contractor that
enters into a contract that comports with division (D) of this
section with a local public entity for the management and operation
of the correctional facility.

(C)(1)
Except as provided in this division, on and after March 17, 1998, a
local public entity shall not enter into a contract with an
out-of-state jurisdiction to house out-of-state prisoners in a
correctional facility in this state. On and after March 17, 1998, a
local public entity may enter into a contract with an out-of-state
jurisdiction to house out-of-state prisoners in a correctional
facility in this state only if the local public entity and the
out-of-state jurisdiction with which the local public entity intends
to contract jointly submit to the department of rehabilitation and
correction a statement that certifies the correctional facility's
intended use, intended prisoner population, and custody level, and
the department reviews and comments upon the plans for the design or
renovation of the correctional facility regarding their suitability
for the intended prisoner population specified in the submitted
statement.

(2)
If a local public entity and an out-of-state jurisdiction enter into
a contract to house out-of-state prisoners in a correctional facility
in this state as authorized under division (C)(1) of this section, in
addition to any other provisions it contains, the contract shall
include whichever of the following provisions is applicable:

(a)
If a private contractor will operate the facility in question
pursuant to a contract entered into in accordance with division (D)
of this section, a requirement that, if the facility is closed or
ceases to operate for any reason and if the conversion plan described
in division (D)(16) of this section is not complied with, the
out-of-state jurisdiction will be responsible for housing and
transporting the prisoners who are in the facility at the time it is
closed or ceases to operate and for the cost of so housing and
transporting those prisoners;

(b)
If a private contractor will not operate the facility in question
pursuant to a contract entered into in accordance with division (D)
of this section, a conversion plan that will be followed if, for any
reason, the facility is closed or ceases to operate. The conversion
plan shall include, but is not limited to, provisions that specify
whether the local public entity or the out-of-state jurisdiction will
be responsible for housing and transporting the prisoners who are in
the facility at the time it is closed or ceases to operate and for
the cost of so housing and transporting those prisoners.

(3)
If a local public entity and an out-of-state jurisdiction intend to
enter into a contract to house out-of-state prisoners in a
correctional facility in this state as authorized under division
(C)(1) of this section, or if a local public entity and a private
contractor intend to enter into a contract pursuant to division (D)
of this section for the private contractor's management and operation
of a correctional facility in this state to house out-of-state
prisoners, prior to entering into the contract the local public
entity and the out-of-state jurisdiction, or the local public entity
and the private contractor, whichever is applicable, shall conduct a
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local
public entity in which the facility is or will be located shall
authorize the location and operation of the facility. The hearing
shall be conducted at a location within the municipal corporation or
township in which the facility is or will be located. At least one
week prior to conducting the hearing, the local public entity and the
out-of-state jurisdiction or private contractor with the duty to
conduct the hearing shall cause notice of the date, time, and place
of the hearing to be made by publication in the newspaper with the
largest general circulation in the county in which the municipal
corporation or township is located. The notice shall be of a
sufficient size that it covers at least one-quarter of a page of the
newspaper in which it is published. This division applies to a
private contractor that, pursuant to the requirement set forth in
division (I) of this section, is required to enter into a contract
under division (D) of this section.

(D)
Subject to division (I) of this section, on and after March 17, 1998,
if a local public entity enters into a contract with a private
contractor for the management and operation of a correctional
facility in this state to house out-of-state prisoners, the contract,
at a minimum, shall include all of the following provisions:

(1)
A requirement that the private contractor seek and obtain
accreditation from the American correctional association for the
correctional facility within two years after accepting the first
out-of-state prisoner at the correctional facility under the contract
and that it maintain that accreditation for the term of the contract;

(2)
A requirement that the private contractor comply with all applicable
laws, rules, or regulations of the government of this state,
political subdivisions of this state, and the United States,
including, but not limited to, all sanitation, food service, safety,
and health regulations;

(3)
A requirement that the private contractor send copies of reports of
inspections completed by appropriate authorities regarding compliance
with laws, rules, and regulations of the type described in division
(D)(2) of this section to the director of rehabilitation and
correction or the director's designee and to the governing authority
of the local public entity in which the correctional facility is
located;

(4)
A requirement that the private contractor report to the local law
enforcement agencies with jurisdiction over the place at which the
correctional facility is located, for investigation, all criminal
offenses or delinquent acts that are committed in or on the grounds
of, or otherwise in connection with, the correctional facility and
report to the department of rehabilitation and correction all
disturbances at the facility;

(5)
A requirement that the private contractor immediately report all
escapes from the facility, and the apprehension of all escapees, by
telephone and in writing to the department of rehabilitation and
correction, to all local law enforcement agencies with jurisdiction
over the place at which the facility is located, to the state highway
patrol, to the prosecuting attorney of the county in which the
facility is located, and to a daily newspaper having general
circulation in the county in which the facility is located. The
written notice may be by either facsimile transmission or mail. A
failure to comply with this requirement is a violation of section
2921.22 of the Revised Code.

(6)
A requirement that the private contractor provide a written report to
the director of rehabilitation and correction or the director's
designee and to the governing authority of the local public entity in
which the correctional facility is located of all unusual incidents
occurring at the correctional facility. The private contractor shall
report the incidents in accordance with the incident reporting rules
that, at the time of the incident, are applicable to state
correctional facilities for similar incidents occurring at state
correctional facilities.

(7)
A requirement that the private contractor provide internal and
perimeter security to protect the public, staff members of the
correctional facility, and prisoners in the correctional facility;

(8)
A requirement that the correctional facility be staffed at all times
with a staffing pattern that is adequate to ensure supervision of
inmates and maintenance of security within the correctional facility
and to provide for appropriate programs, transportation, security,
and other operational needs. In determining security needs for the
correctional facility, the private contractor and the contract
requirements shall fully take into account all relevant factors,
including, but not limited to, the proximity of the facility to
neighborhoods and schools.

(9)
A requirement that the private contractor provide an adequate policy
of insurance that satisfies the requirements set forth in division
(D) of section 9.06 of the Revised Code regarding contractors who
operate and manage a facility under that section, and that the
private contractor indemnify and hold harmless the state, its
officers, agents, and employees, and any local public entity in the
state with jurisdiction over the place at which the correctional
facility is located or that owns the correctional facility, reimburse
the state for its costs in defending the state or any of its
officers, agents, or employees, and reimburse any local government
entity of that nature for its costs in defending the local government
entity, in the manner described in division (D) of that section
regarding contractors who operate and manage a facility under that
section;

(10)
A requirement that the private contractor adopt for prisoners housed
in the correctional facility the security classification system and
schedule adopted by the department of rehabilitation and correction
under section 5145.03 of the Revised Code, classify in accordance
with the system and schedule each prisoner housed in the facility,
and house all prisoners in the facility in accordance with their
classification under this division;

(11)
A requirement that the private contractor will not accept for
housing, and will not house, in the correctional facility any
out-of-state prisoner in relation to whom any of the following
applies:

(a)
The private entity has not obtained from the out-of-state
jurisdiction that imposed the sentence or sanction under which the
prisoner will be confined in this state a copy of the institutional
record of the prisoner while previously confined in that out-of-state
jurisdiction or a statement that the prisoner previously has not been
confined in that out-of-state jurisdiction and a copy of all medical
records pertaining to that prisoner that are in the possession of the
out-of-state jurisdiction.

(b)
The prisoner, while confined in any out-of-state jurisdiction, has a
record of institutional violence involving the use of a deadly weapon
or a pattern of committing acts of an assaultive nature against
employees of, or visitors to, the place of confinement or has a
record of escape or attempted escape from secure custody.

(c)
Under the security classification system and schedule adopted by the
department of rehabilitation and correction under section 5145.03 of
the Revised Code and adopted by the private contractor under division
(B)(10) of this section, the out-of-state prisoner would be
classified as being at a security level higher than medium security.

(12)
A requirement that the private contractor, prior to housing any
out-of-state prisoner in the correctional facility under the
contract, enter into a written agreement with the department of
rehabilitation and correction that sets forth a plan and procedure
that will be used to coordinate law enforcement activities of state
law enforcement agencies and of local law enforcement agencies with
jurisdiction over the place at which the facility is located in
response to any riot, rebellion, escape, insurrection, or other
emergency occurring inside or outside the facility;

(13)
A requirement that the private contractor cooperate with the
correctional institution inspection committee in the committee's
performance of its duties under section 103.73 of the Revised Code
and provide the committee, its subcommittees, and its staff members,
in performing those duties, with access to the correctional facility
as described in that section;

(14)
A requirement that the private contractor permit any peace officer
who serves a law enforcement agency with jurisdiction over the place
at which the correctional facility is located to enter into the
facility to investigate any criminal offense or delinquent act that
allegedly has been committed in or on the grounds of, or otherwise in
connection with, the facility;

(15)
A requirement that the private contractor will not employ any person
at the correctional facility until after the private contractor has
submitted to the bureau of criminal identification and investigation,
on a form prescribed by the superintendent of the bureau, a request
that the bureau conduct a criminal records check of the person and a
requirement that the private contractor will not employ any person at
the facility if the records check or other information possessed by
the contractor indicates that the person previously has engaged in
malfeasance;

(16)
A requirement that the private contractor will not accept for
housing, and will not house, in the correctional facility any
out-of-state prisoner unless the private contractor and the
out-of-state jurisdiction that imposed the sentence for which the
prisoner is to be confined agree that, if the out-of-state prisoner
is confined in the facility in this state, commits a criminal offense
while confined in the facility, is convicted of or pleads guilty to
that offense, and is sentenced to a term of confinement for that
offense

but is not sentenced to death for that offense
,
the private contractor and the out-of-state jurisdiction will do all
of the following:

(a)
Unless section 5120.50 of the Revised Code does not apply in relation
to the offense the prisoner committed while confined in this state
and the term of confinement imposed for that offense, the
out-of-state jurisdiction will accept the prisoner pursuant to that
section for service of that term of confinement and for any period of
time remaining under the sentence for which the prisoner was confined
in the facility in this state, the out-of-state jurisdiction will
confine the prisoner pursuant to that section for that term and that
remaining period of time, and the private contractor will transport
the prisoner to the out-of-state jurisdiction for service of that
term and that remaining period of time.

(b)
If section 5120.50 of the Revised Code does not apply in relation to
the offense the prisoner committed while confined in this state and
the term of confinement imposed for that offense, the prisoner shall
be returned to the out-of-state jurisdiction or its private
contractor for completion of the period of time remaining under the
out-of-state sentence for which the prisoner was confined in the
facility in this state before starting service of the term of
confinement imposed for the offense committed while confined in this
state, the out-of-state jurisdiction or its private contractor will
confine the prisoner for that remaining period of time and will
transport the prisoner outside of this state for service of that
remaining period of time, and, if the prisoner is confined in this
state in a facility operated by the department of rehabilitation and
correction, the private contractor will be financially responsible
for reimbursing the department at the per diem cost of confinement
for the duration of that incarceration, with the amount of the
reimbursement so paid to be deposited in the department's prisoner
programs fund.

(17)
A requirement that the private contractor, prior to housing any
out-of-state prisoner in the correctional facility under the
contract, enter into an agreement with the local public entity that
sets forth a conversion plan that will be followed if, for any
reason, the facility is closed or ceases to operate. The conversion
plan shall include, but is not limited to, provisions that specify
whether the private contractor, the local public entity, or the
out-of-state jurisdictions that imposed the sentences for which the
out-of-state prisoners are confined in the facility will be
responsible for housing and transporting the prisoners who are in the
facility at the time it is closed or ceases to operate and for the
cost of so housing and transporting those prisoners.

(18)
A schedule of fines that the local public entity shall impose upon
the private contractor if the private contractor fails to perform its
contractual duties, and a requirement that, if the private contractor
fails to perform its contractual duties, the local public entity
shall impose a fine on the private contractor from the schedule of
fines and, in addition to the fine, may exercise any other rights it
has under the contract. Division (F)(2) of this section applies
regarding a fine described in this division.

(19)
A requirement that the private contractor adopt and use in the
correctional facility the drug testing and treatment program that the
department of rehabilitation and correction uses for inmates in state
correctional institutions;

(20)
A requirement that the private contractor provide clothing for all
out-of-state prisoners housed in the correctional facility that is
conspicuous in its color, style, or color and style, that
conspicuously identifies its wearer as a prisoner, and that is
readily distinguishable from clothing of a nature that normally is
worn outside the facility by non-prisoners, that the private
contractor require all out-of-state prisoners housed in the facility
to wear the clothing so provided, and that the private contractor not
permit any out-of-state prisoner, while inside or on the premises of
the facility or while being transported to or from the facility, to
wear any clothing of a nature that does not conspicuously identify
its wearer as a prisoner and that normally is worn outside the
facility by non-prisoners;

(21)
A requirement that, at the time the contract is made, the private
contractor provide to all parties to the contract adequate proof that
it has complied with the requirement described in division (D)(9) of
this section, and a requirement that, at any time during the term of
the contract, the private contractor upon request provide to any
party to the contract adequate proof that it continues to be in
compliance with the requirement described in division (D)(9) of this
section.

(E)
A private correctional officer or other designated employee of a
private contractor that operates a correctional facility that houses
out-of-state prisoners in this state under a contract entered into
prior to, on, or after March 17, 1998, may carry and use firearms in
the course of the officer's or employee's employment only if the
officer or employee is certified as having satisfactorily completed
an approved training program designed to qualify persons for
positions as special police officers, security guards, or persons
otherwise privately employed in a police capacity, as described in
division (A) of section 109.78 of the Revised Code.

(F)(1)
Upon notification by the private contractor of an escape from, or of
a disturbance at, a correctional facility that is operated by a
private contractor under a contract entered into prior to, on, or
after March 17, 1998, and that houses out-of-state prisoners in this
state, the department of rehabilitation and correction and state and
local law enforcement agencies shall use all reasonable means to
recapture persons who escaped from the facility or quell any
disturbance at the facility, in accordance with the plan and
procedure included in the written agreement entered into under
division (D)(12) of this section in relation to contracts entered
into on or after March 17, 1998, and in accordance with their normal
procedures in relation to contracts entered into prior to March 17,
1998. Any cost incurred by this state or a political subdivision of
this state relating to the apprehension of a person who escaped from
the facility, to the quelling of a disturbance at the facility, or to
the investigation or prosecution as described in division (G)(2) of
this section of any offense relating to the escape or disturbance
shall be chargeable to and borne by the private contractor. The
contractor also shall reimburse the state or its political
subdivisions for all reasonable costs incurred relating to the
temporary detention of a person who escaped from the facility,
following the person's recapture.

(2)
If a private contractor that, on or after March 17, 1998, enters into
a contract under this section with a local public entity for the
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local public
entity shall impose upon the private contractor a fine from the
schedule of fines included in the contract and may exercise any other
rights it has under the contract. A fine imposed under this division
shall be paid to the local public entity that enters into the
contract, and the local public entity shall deposit the money so paid
into its treasury to the credit of the fund used to pay for community
policing. If a fine is imposed under this division, the local public
entity may reduce the payment owed to the private contractor pursuant
to any invoice in the amount of the fine.

(3)
If a private contractor, on or after March 17, 1998, enters into a
contract under this section with a local public entity for the
operation of a correctional facility that houses out-of-state
prisoners in this state, the private contractor shall comply with the
insurance, indemnification, hold harmless, and cost reimbursement
provisions described in division (D)(9) of this section.

(G)(1)
Any act or omission that would be a criminal offense or a delinquent
act if committed at a state correctional institution or at a jail,
workhouse, prison, or other correctional facility operated by this
state or by any political subdivision or group of political
subdivisions of this state shall be a criminal offense or delinquent
act if committed by or with regard to any out-of-state prisoner who
is housed at any correctional facility operated by a private
contractor in this state pursuant to a contract entered into prior
to, on, or after March 17, 1998.

(2)
If any political subdivision of this state experiences any cost in
the investigation or prosecution of an offense committed by an
out-of-state prisoner housed in a correctional facility operated by a
private contractor in this state pursuant to a contract entered into
prior to, on, or after March 17, 1998, the private contractor shall
reimburse the political subdivision for the costs so experienced.

(3)(a)
Except as otherwise provided in this division, the state, and any
officer or employee, as defined in section 109.36 of the Revised
Code, of the state is not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises
from, or is related to, the establishment, management, or operation
of a correctional facility to house out-of-state prisoners in this
state pursuant to a contract between a local public entity and an
out-of-state jurisdiction, a local public entity and a private
contractor, or a private contractor and an out-of-state jurisdiction
that was entered into prior to March 17, 1998, or that is entered
into on or after March 17, 1998, in accordance with its provisions.
The immunity provided in this division does not apply regarding an
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly outside
the scope of the officer's or employee's official responsibilities or
regarding an act or omission of the state, or of an officer or
employee, as so defined, of the state that is undertaken with
malicious purpose, in bad faith, or in a wanton or reckless manner.

(b)
Except as otherwise provided in this division, a non-contracting
political subdivision, and any employee, as defined in section
2744.01 of the Revised Code, of a non-contracting political
subdivision is not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises
from, or is related to, the establishment, management, or operation
of a correctional facility to house out-of-state prisoners in this
state pursuant to a contract between a local public entity other than
the non-contracting political subdivision and an out-of-state
jurisdiction, a local public entity other than the non-contracting
political subdivision and a private contractor, or a private
contractor and an out-of-state jurisdiction that was entered into
prior to March 17, 1998, or that is entered into on or after March
17, 1998, in accordance with its provisions. The immunity provided in
this division does not apply regarding an act or omission of an
employee, as defined in section 2744.01 of the Revised Code, of a
non-contracting political subdivision that is manifestly outside the
scope of the employee's employment or official responsibilities or
regarding an act or omission of a non-contracting political
subdivision or an employee, as so defined, of a non-contracting
political subdivision that is undertaken with malicious purpose, in
bad faith, or in a wanton or reckless manner.

(c)
Divisions (G)(3)(a) and (b) of this section do not affect any
immunity or defense that the state and its officers and employees or
a non-contracting political subdivision and its employees may be
entitled to under another section of the Revised Code or the common
law of this state, including, but not limited to, section 9.86 or
Chapter 2744. of the Revised Code.

(H)(1)
Upon the completion of an out-of-state prisoner's term of detention
at a correctional facility operated by a private contractor in this
state pursuant to a contract entered into prior to, on, or after
March 17, 1998, the operator of the correctional facility shall
transport the prisoner to the out-of-state jurisdiction that imposed
the sentence for which the prisoner was confined before it releases
the prisoner from its custody.

(2)
No private contractor that operates and manages a correctional
facility housing out-of-state prisoners in this state pursuant to a
contract entered into prior to, on, or after March 17, 1998, shall
fail to comply with division (H)(1) of this section.

(3)
Whoever violates division (H)(2) of this section is guilty of a
misdemeanor of the first degree.

(I)
Except as otherwise provided in this division, the provisions of
divisions (A) to (H) of this section apply in relation to any
correctional facility operated by a private contractor in this state
to house out-of-state prisoners, regardless of whether the facility
is operated pursuant to a contract entered into prior to, on, or
after March 17, 1998. Division (C)(1) of this section shall not apply
in relation to any correctional facility for housing out-of-state
prisoners in this state that is operated by a private contractor
under a contract entered into with a local public entity prior to
March 17, 1998. If a private contractor operates a correctional
facility in this state for the housing of out-of-state prisoners
under a contract entered into with a local public entity prior to
March 17, 1998, no later than thirty days after the effective date of
this amendment, the private contractor shall enter into a contract
with the local public entity that comports to the requirements and
criteria of division (D) of this section.

Sec.
120.03.
(A)
The Ohio public defender commission shall appoint the state public
defender, who shall serve at the pleasure of the commission.

(B)
The Ohio public defender commission shall establish rules for the
conduct of the offices of the county and joint county public
defenders and for the conduct of county appointed counsel systems in
the state. These rules shall include, but are not limited to, the
following:

(1)
Standards of indigency and minimum qualifications for legal
representation by a public defender or appointed counsel. In
establishing standards of indigency and determining who is eligible
for legal representation by a public defender or appointed counsel,
the commission shall consider an indigent person to be an individual
who at the time

his

the person's

need is determined is unable to provide for the payment of an
attorney and all other necessary expenses of representation. Release
on bail shall not prevent a person from being determined to be
indigent.

(2)
Standards for the hiring of outside counsel;

(3)
Standards for contracts by a public defender with law schools, legal
aid societies, and nonprofit organizations for providing counsel;

(4)
Standards for the qualifications, training, and size of the legal and
supporting staff for a public defender, facilities, and other
requirements needed to maintain and operate an office of a public
defender;

(5)
Minimum caseload standards;

(6)
Procedures for the assessment and collection of the costs of legal
representation that is provided by public defenders or appointed
counsel;

(7)
Standards and guidelines for determining whether a client is able to
make an up-front contribution toward the cost of

his

the client's

legal representation;

(8)
Procedures for the collection of up-front contributions from clients
who are able to contribute toward the cost of their legal
representation, as determined pursuant to the standards and
guidelines developed under division (B)(7) of this section. All of
such up-front contributions shall be paid into the appropriate county
fund.

(9)
Standards for contracts between a board of county commissioners, a
county public defender commission, or a joint county public defender
commission and a municipal corporation for the legal representation
of indigent persons charged with violations of the ordinances of the
municipal corporation.

(C)
The Ohio public defender commission shall adopt rules prescribing
minimum qualifications of counsel appointed pursuant to this chapter
or appointed by the courts. Without limiting its general authority to
prescribe different qualifications for different categories of
appointed counsel, the commission shall prescribe, by rule, special
qualifications for counsel and co-counsel appointed in capital cases

in which the defendant was sentenced to death before the effective
date of this amendment
.

(D)
In administering the office of the Ohio public defender commission:

(1)
The commission shall do the following:

(a)
Approve an annual operating budget;

(b)
Make an annual report to the governor, the general assembly, and the
supreme court of Ohio on the operation of the state public defender's
office, the county appointed counsel systems, and the county and
joint county public defenders' offices.

(2)
The commission may do the following:

(a)
Accept the services of volunteer workers and consultants at no
compensation other than reimbursement of actual and necessary
expenses;

(b)
Prepare and publish statistical and case studies and other data
pertinent to the legal representation of indigent persons;

(c)
Conduct programs having a general objective of training and educating
attorneys and others in the legal representation of indigent persons.

(E)
There is hereby established in the state treasury the public defender
training fund for the deposit of fees received by the Ohio public
defender commission from educational seminars, and the sale of
publications, on topics concerning criminal law and procedure.
Expenditures from this fund shall be made only for the operation of
activities authorized by division (D)(2)(c) of this section.

(F)(1)
In accordance with sections 109.02, 109.07, and 109.361 to 109.366 of
the Revised Code, but subject to division (E) of section 120.06 of
the Revised Code, the attorney general shall represent or provide for
the representation of the Ohio public defender commission, the state
public defender, assistant state public defenders, and other
employees of the commission or the state public defender.

(2)
Subject to division (E) of section 120.06 of the Revised Code, the
attorney general shall represent or provide for the representation of
attorneys described in division (C) of section 120.41 of the Revised
Code in malpractice or other civil actions or proceedings that arise
from alleged actions or omissions related to responsibilities derived
pursuant to this chapter, or in civil actions that are based upon
alleged violations of the constitution or statutes of the United
States, including section 1983 of Title 42 of the United States Code,
93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arise
from alleged actions or omissions related to responsibilities derived
pursuant to this chapter. For purposes of the representation,
sections 109.361 to 109.366 of the Revised Code shall apply to an
attorney described in division (C) of section 120.41 of the Revised
Code as if

he

the attorney

were an officer or employee, as defined in section 109.36 of the
Revised Code, and the Ohio public defender commission or the state
public defender, whichever contracted with the attorney, shall be
considered

his

the attorney's

employer.

Sec.
120.041.
(A)
In addition to the state public defender's other duties under this
chapter and other Revised Code provisions, the state public defender
shall do all of the following for each state fiscal year:

(1)
Determine the total dollar amount of all requests for reimbursements
that were submitted for that fiscal year by counties under sections
120.18, 120.28, 120.33,
120.35,

and 2941.51 of the Revised Code;

(2)
Determine the total dollar amount paid to all counties as
reimbursements under the requests described in division (A)(1) of
this section that were submitted for that fiscal year;

(3)
Determine the percentage of total costs submitted by counties under
the requests described in division (A)(1) of this section that was
paid to all counties as reimbursements for that fiscal year;

(4)
Commencing in state fiscal year 2021, determine the increase or
decrease in the total dollar amount found under division (A)(2) of
this section for that fiscal year from the total dollar amount found
under that division for the previous fiscal year;

(5)
Determine, out of the total dollar amount found under division (A)(2)
of this section that was paid to all counties as a reimbursement, the
total amount of that money used by all of the counties for each of
the following categories of costs in that fiscal year:

(a)
Costs for appointed counsel;

(b)
Costs for personnel;

(c)
Costs for expert witnesses;

(d)
Costs for investigations;

(e)
Costs for transcripts;

(f)
Costs for rent or lease, utilities, furnishings, maintenance, and
equipment;

(g)
Costs for travel;

(h)
Any other category of costs set by the state public defender.

(6)
Commencing in state fiscal year 2021, determine the increase or
decrease in the amount of money found under division (A)(5) of this
section to have been used for each category of costs described in
divisions (A)(5)(a) to (h) of this section for that fiscal year from
the amount of money found under that division to have been used for
each such category of costs for the previous fiscal year;

(7)
Analyze the cost per each felony, misdemeanor, traffic, or juvenile
delinquency case assigned to a public defender or counsel pursuant to
section 120.06, 120.16, 120.26, or 120.33 of the Revised Code.

(B)
For each state fiscal year, the state public defender shall prepare a
report that includes all of its findings and determinations for that
fiscal year and, not later than the first day of October in the state
fiscal year following the fiscal year covered by the report, shall
submit copies of the report to the president of the senate, the
speaker of the house of representatives, the minority leader of the
senate, the minority leader of the house of representatives, and the
governor.

Sec.
120.06.
(A)(1)
The state public defender, when designated by the court or requested
by a county public defender or joint county public defender, may
provide legal representation in all courts throughout the state to
indigent adults and juveniles who are charged with the commission of
an offense or act for which the penalty or any possible adjudication
includes the potential loss of liberty.

(2)
The state public defender may provide legal representation to any
indigent person who, while incarcerated in any state correctional
institution, is charged with a felony offense, for which the penalty
or any possible adjudication that may be imposed by a court upon
conviction includes the potential loss of liberty.

(3)
The state public defender may provide legal representation to any
person incarcerated in any correctional institution of the state, in
any matter in which the person asserts the person is unlawfully
imprisoned or detained.

(4)
The state public defender, in any case in which the state public
defender has provided legal representation or is requested to do so
by a county public defender or joint county public defender, may
provide legal representation on appeal.

(5)
The state public defender, when designated by the court or requested
by a county public defender, joint county public defender, or the
director of rehabilitation and correction, shall provide legal
representation in parole and probation revocation matters or matters
relating to the revocation of community control or post-release
control under a community control sanction or post-release control
sanction, unless the state public defender finds that the alleged
parole or probation violator or alleged violator of a community
control sanction or post-release control sanction has the financial
capacity to retain the alleged violator's own counsel.

(6)
If the state public defender contracts with a county public defender
commission, a joint county public defender commission, or a board of
county commissioners for the provision of services, under authority
of division (C)(7) of section 120.04 of the Revised Code, the state
public defender shall provide legal representation in accordance with
the contract.

(B)
The state public defender shall not be required to prosecute any
appeal, postconviction remedy, or other proceeding pursuant to
division (A)(3), (4), or (5) of this section, unless the state public
defender first is satisfied that there is arguable merit to the
proceeding.

(C)
A court may appoint counsel or allow an indigent person to select the
indigent's own personal counsel to assist the state public defender
as co-counsel when the interests of justice so require. When
co-counsel is appointed to assist the state public defender, the
co-counsel shall receive any compensation that the court may approve,
not to exceed the amounts provided for in section 2941.51 of the
Revised Code.

(D)(1)
When the state public defender is designated by the court or
requested by a county public defender or joint county public defender
to provide legal representation for an indigent person in any case,
other than pursuant to a contract entered into under authority of
division (C)(7) of section 120.04 of the Revised Code, the state
public defender shall send to the county in which the case is filed a
bill detailing the actual cost of the representation that separately
itemizes legal fees and expenses. The county, upon receipt of an
itemized bill from the state public defender pursuant to this
division, shall pay the state public defender one hundred per cent of
the amount identified as legal fees and expenses in the itemized
bill.

(2)
Upon payment of the itemized bill under division (D)(1) of this
section, the county may submit the cost of the legal fees and
expenses to the state public defender for reimbursement pursuant to
section 120.33 of the Revised Code.

(3)
When the state public defender provides investigation or mitigation
services to private appointed counsel or to a county or joint county
public defender as approved by the appointing court, other than
pursuant to a contract entered into under authority of division
(C)(7) of section 120.04 of the Revised Code, the state public
defender shall send to the county in which the case is filed a bill
itemizing the actual cost of the services provided. The county, upon
receipt of an itemized bill from the state public defender pursuant
to this division, shall pay one hundred per cent of the amount as set
forth in the itemized bill. Upon payment of the itemized bill
received pursuant to this division, the county may submit the cost of
the investigation and mitigation services to the state public
defender for reimbursement pursuant to section 120.33 of the Revised
Code.

(4)
There is hereby created in the state treasury the county
representation fund for the deposit of moneys received from counties
under this division. All moneys credited to the fund shall be used by
the state public defender to provide legal representation for
indigent persons when designated by the court or requested by a
county or joint county public defender or to provide investigation or
mitigation services, including investigation or mitigation services
to private appointed counsel or a county or joint county public
defender, as approved by the court.

(E)(1)
Notwithstanding any contrary provision of sections 109.02, 109.07,
109.361 to 109.366, and 120.03 of the Revised Code that pertains to
representation by the attorney general, an assistant attorney
general, or special counsel of an officer or employee, as defined in
section 109.36 of the Revised Code, or of an entity of state
government, the state public defender may elect to contract with, and
to have the state pay pursuant to division (E)(2) of this section for
the services of, private legal counsel to represent the Ohio public
defender commission, the state public defender, assistant state
public defenders, other employees of the commission or the state
public defender, and attorneys described in division (C) of section
120.41 of the Revised Code in a malpractice or other civil action or
proceeding that arises from alleged actions or omissions related to
responsibilities derived pursuant to this chapter, or in a civil
action that is based upon alleged violations of the constitution or
statutes of the United States, including section 1983 of Title 42 of
the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as
amended, and that arises from alleged actions or omissions related to
responsibilities derived pursuant to this chapter, if the state
public defender determines, in good faith, that the defendant in the
civil action or proceeding did not act manifestly outside the scope
of the defendant's employment or official responsibilities, with
malicious purpose, in bad faith, or in a wanton or reckless manner.
If the state public defender elects not to contract pursuant to this
division for private legal counsel in a civil action or proceeding,
then, in accordance with sections 109.02, 109.07, 109.361 to 109.366,
and 120.03 of the Revised Code, the attorney general shall represent
or provide for the representation of the Ohio public defender
commission, the state public defender, assistant state public
defenders, other employees of the commission or the state public
defender, or attorneys described in division (C) of section 120.41 of
the Revised Code in the civil action or proceeding.

(2)(a)
Subject to division (E)(2)(b) of this section, payment from the state
treasury for the services of private legal counsel with whom the
state public defender has contracted pursuant to division (E)(1) of
this section shall be accomplished only through the following
procedure:

(i)
The private legal counsel shall file with the attorney general a copy
of the contract; a request for an award of legal fees, court costs,
and expenses earned or incurred in connection with the defense of the
Ohio public defender commission, the state public defender, an
assistant state public defender, an employee, or an attorney in a
specified civil action or proceeding; a written itemization of those
fees, costs, and expenses, including the signature of the state
public defender and the state public defender's attestation that the
fees, costs, and expenses were earned or incurred pursuant to
division (E)(1) of this section to the best of the state public
defender's knowledge and information; a written statement whether the
fees, costs, and expenses are for all legal services to be rendered
in connection with that defense, are only for legal services rendered
to the date of the request and additional legal services likely will
have to be provided in connection with that defense, or are for the
final legal services rendered in connection with that defense; a
written statement indicating whether the private legal counsel
previously submitted a request for an award under division (E)(2) of
this section in connection with that defense and, if so, the date and
the amount of each award granted; and, if the fees, costs, and
expenses are for all legal services to be rendered in connection with
that defense or are for the final legal services rendered in
connection with that defense, a certified copy of any judgment entry
in the civil action or proceeding or a signed copy of any settlement
agreement entered into between the parties to the civil action or
proceeding.

(ii)
Upon receipt of a request for an award of legal fees, court costs,
and expenses and the requisite supportive documentation described in
division (E)(2)(a)(i) of this section, the attorney general shall
review the request and documentation; determine whether any of the
limitations specified in division (E)(2)(b) of this section apply to
the request; and, if an award of legal fees, court costs, or expenses
is permissible after applying the limitations, prepare a document
awarding legal fees, court costs, or expenses to the private legal
counsel. The document shall name the private legal counsel as the
recipient of the award; specify the total amount of the award as
determined by the attorney general; itemize the portions of the award
that represent legal fees, court costs, and expenses; specify any
limitation applied pursuant to division (E)(2)(b) of this section to
reduce the amount of the award sought by the private legal counsel;
state that the award is payable from the state treasury pursuant to
division (E)(2)(a)(iii) of this section; and be approved by the
inclusion of the signatures of the attorney general, the state public
defender, and the private legal counsel.

(iii)
The attorney general shall forward a copy of the document prepared
pursuant to division (E)(2)(a)(ii) of this section to the director of
budget and management. The award of legal fees, court costs, or
expenses shall be paid out of the state public defender's
appropriations, to the extent there is a sufficient available balance
in those appropriations. If the state public defender does not have a
sufficient available balance in the state public defender's
appropriations to pay the entire award of legal fees, court costs, or
expenses, the director shall make application for a transfer of
appropriations out of the emergency purposes account or any other
appropriation for emergencies or contingencies in an amount equal to
the portion of the award that exceeds the sufficient available
balance in the state public defender's appropriations. A transfer of
appropriations out of the emergency purposes account or any other
appropriation for emergencies or contingencies shall be authorized if
there are sufficient moneys greater than the sum total of then
pending emergency purposes account requests, or requests for releases
from the other appropriation. If a transfer of appropriations out of
the emergency purposes account or other appropriation for emergencies
or contingencies is made to pay an amount equal to the portion of the
award that exceeds the sufficient available balance in the state
public defender's appropriations, the director shall cause the
payment to be made to the private legal counsel. If sufficient moneys
do not exist in the emergency purposes account or other appropriation
for emergencies or contingencies to pay an amount equal to the
portion of the award that exceeds the sufficient available balance in
the state public defender's appropriations, the private legal counsel
shall request the general assembly to make an appropriation
sufficient to pay an amount equal to the portion of the award that
exceeds the sufficient available balance in the state public
defender's appropriations, and no payment in that amount shall be
made until the appropriation has been made. The private legal counsel
shall make the request during the current biennium and during each
succeeding biennium until a sufficient appropriation is made.

(b)
An award of legal fees, court costs, and expenses pursuant to
division (E) of this section is subject to the following limitations:

(i)
The maximum award or maximum aggregate of a series of awards of legal
fees, court costs, and expenses to the private legal counsel in
connection with the defense of the Ohio public defender commission,
the state public defender, an assistant state public defender, an
employee, or an attorney in a specified civil action or proceeding
shall not exceed fifty thousand dollars.

(ii)
The private legal counsel shall not be awarded legal fees, court
costs, or expenses to the extent the fees, costs, or expenses are
covered by a policy of malpractice or other insurance.

(iii)
The private legal counsel shall be awarded legal fees and expenses
only to the extent that the fees and expenses are reasonable in light
of the legal services rendered by the private legal counsel in
connection with the defense of the Ohio public defender commission,
the state public defender, an assistant state public defender, an
employee, or an attorney in a specified civil action or proceeding.

(c)
If, pursuant to division (E)(2)(a) of this section, the attorney
general denies a request for an award of legal fees, court costs, or
expenses to private legal counsel because of the application of a
limitation specified in division (E)(2)(b) of this section, the
attorney general shall notify the private legal counsel in writing of
the denial and of the limitation applied.

(d)
If, pursuant to division (E)(2)(c) of this section, a private legal
counsel receives a denial of an award notification or if a private
legal counsel refuses to approve a document under division
(E)(2)(a)(ii) of this section because of the proposed application of
a limitation specified in division (E)(2)(b) of this section, the
private legal counsel may commence a civil action against the
attorney general in the court of claims to prove the private legal
counsel's entitlement to the award sought, to prove that division
(E)(2)(b) of this section does not prohibit or otherwise limit the
award sought, and to recover a judgment for the amount of the award
sought. A civil action under division (E)(2)(d) of this section shall
be commenced no later than two years after receipt of a denial of
award notification or, if the private legal counsel refused to
approve a document under division (E)(2)(a)(ii) of this section
because of the proposed application of a limitation specified in
division (E)(2)(b) of this section, no later than two years after the
refusal. Any judgment of the court of claims in favor of the private
legal counsel shall be paid from the state treasury in accordance
with division (E)(2)(a) of this section.

(F)
If a court appoints the office of the state public defender to
represent a petitioner in a postconviction relief proceeding under
section 2953.21 of the Revised Code, the petitioner has received a
sentence of death, and the proceeding relates to that sentence, all
of the attorneys who represent the petitioner in the proceeding
pursuant to the appointment, whether an assistant state public
defender, the state public defender, or another attorney, shall be
certified under Rule 20 of the Rules of Superintendence for the
Courts of Ohio to represent indigent defendants charged with or
convicted of an offense for which the death penalty can be or has
been imposed.

(G)(1)

(F)(1)

The
state public defender may conduct a legal assistance referral service
for children committed to the department of youth services relative
to conditions of confinement claims. If the legal assistance referral
service receives a request for assistance from a child confined in a
facility operated, or contracted for, by the department of youth
services and the state public defender determines that the child has
a conditions of confinement claim that has merit, the state public
defender may refer the child to a private attorney. If no private
attorney who the child has been referred to by the state public
defender accepts the case within a reasonable time, the state public
defender may prepare, as appropriate, pro se pleadings in the form of
a complaint regarding the conditions of confinement at the facility
where the child is confined with a motion for appointment of counsel
and other applicable pleadings necessary for sufficient pro se
representation.

(2)
Division
(G)(1)

(F)(1)

of
this section does not authorize the state public defender to
represent a child committed to the department of youth services in
general civil matters arising solely out of state law.

(3)
The state public defender shall not undertake the representation of a
child in court based on a conditions of confinement claim arising
under this division.

(H)

(G)

A
child's right to representation or services under this section is not
affected by the child, or another person on behalf of the child,
previously having paid for similar representation or services or
having waived legal representation.

(I)

(H)

The
state public defender shall have reasonable access to any child
committed to the department of youth services, department of youth
services institution, and department of youth services record as
needed to implement this section.

(J)

(I)

As
used in this section:

(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(2)
"Conditions of confinement" means any issue involving a
constitutional right or other civil right related to a child's
incarceration, including, but not limited to, actions cognizable
under 42 U.S.C. 1983.

(3)
"Post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.

Sec.
120.14.
(A)(1)
Except as provided in division (A)(2) of this section, the county
public defender commission shall appoint the county public defender
and may remove

him

the county public defender

from office only for good cause.

(2)
If a county public defender commission contracts with the state
public defender or with one or more nonprofit organizations for the
state public defender or the organizations to provide all of the
services that the county public defender is required or permitted to
provide by this chapter, the commission shall not appoint a county
public defender.

(B)
The commission shall determine the qualifications and size of the
supporting staff and facilities and other requirements needed to
maintain and operate the office of the county public defender.

(C)
In administering the office of county public defender, the commission
shall:

(1)
Recommend to the county commissioners an annual operating budget
which is subject to the review, amendment, and approval of the board
of county commissioners;

(2)(a)
Make an annual report to the county commissioners and the Ohio public
defender commission on the operation of the county public defender's
office
,
including complete and detailed information on finances and costs
that separately states costs and expenses that are reimbursable under
section 120.35 of the Revised Code,

and any other data and information requested by the state public
defender;

(b)
Make monthly reports relating to reimbursement and associated case
data pursuant to the rules of the Ohio public defender commission to
the board of county commissioners and the Ohio public defender
commission on the total costs of the public defender's office.

(3)
Cooperate with the Ohio public defender commission in maintaining the
standards established by rules of the Ohio public defender commission
pursuant to divisions (B) and (C) of section 120.03 of the Revised
Code, and cooperate with the state public defender in

his

the state public defender's

programs providing technical aid and assistance to county systems.

(D)
The commission may accept the services of volunteer workers and
consultants at no compensation except reimbursement for actual and
necessary expenses.

(E)
The commission may contract with any municipal corporation, within
the county served by the county public defender, for the county
public defender to provide legal representation for indigent persons
who are charged with a violation of the ordinances of the municipal
corporation.

(F)
A county public defender commission, with the approval of the board
of county commissioners regarding all provisions that pertain to the
financing of defense counsel for indigent persons, may contract with
the state public defender or with any nonprofit organization, the
primary purpose of which is to provide legal representation to
indigent persons, for the state public defender or the organization
to provide all or any part of the services that a county public
defender is required or permitted to provide by this chapter. A
contract entered into pursuant to this division may provide for
payment for the services provided on a per case, hourly, or fixed
contract basis. The state public defender and any nonprofit
organization that contracts with a county public defender commission
pursuant to this division shall do all of the following:

(1)
Comply with all standards established by the rules of the Ohio public
defender commission;

(2)
Comply with all standards established by the state public defender;

(3)
Comply with all statutory duties and other laws applicable to county
public defenders.

Sec.
120.16.
(A)(1)
The county public defender shall provide legal representation to
indigent adults and juveniles who are charged with the commission of
an offense or act that is a violation of a state statute and for
which the penalty or any possible adjudication includes the potential
loss of liberty and in postconviction proceedings as defined in this
section.

(2)
The county public defender may provide legal representation to
indigent adults and juveniles charged with the violation of an
ordinance of a municipal corporation for which the penalty or any
possible adjudication includes the potential loss of liberty, if the
county public defender commission has contracted with the municipal
corporation to provide legal representation for indigent persons
charged with a violation of an ordinance of the municipal
corporation.

(B)
The county public defender shall provide the legal representation
authorized by division (A) of this section at every stage of the
proceedings following arrest, detention, service of summons, or
indictment.

(C)
The county public defender may request the state public defender to
prosecute any appeal or other remedy before or after conviction that
the county public defender decides is in the interests of justice,
and may provide legal representation in parole and probation
revocation matters and matters relating to the revocation of
community control or post-release control under a community control
sanction or post-release control sanction.

(D)
The county public defender shall not be required to prosecute any
appeal, postconviction remedy, or other proceeding, unless the county
public defender is first satisfied there is arguable merit to the
proceeding.

(E)
Nothing in this section shall prevent a court from appointing counsel
other than the county public defender or from allowing an indigent
person to select the indigent person's own personal counsel to
represent the indigent person. A court may also appoint counsel or
allow an indigent person to select the indigent person's own personal
counsel to assist the county public defender as co-counsel when the
interests of justice so require.

(F)
Information as to the right to legal representation by the county
public defender or assigned counsel shall be afforded to an accused
person immediately upon arrest, when brought before a magistrate, or
when formally charged, whichever occurs first.

(G)

If
a court appoints the office of the county public defender to
represent a petitioner in a postconviction relief proceeding under
section 2953.21 of the Revised Code, the petitioner has received a
sentence of death, and the proceeding relates to that sentence, all
of the attorneys who represent the petitioner in the proceeding
pursuant to the appointment, whether an assistant county public
defender or the county public defender, shall be certified under Rule
20 of the Rules of Superintendence for the Courts of Ohio to
represent indigent defendants charged with or convicted of an offense
for which the death penalty can be or has been imposed.

(H)

As
used in this section:

(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(2)
"Post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.

Sec.
120.18.
(A)
The county public defender commission's report to the board of county
commissioners shall be audited by the county auditor. The board of
county commissioners, after review and approval of the audited
report, may then certify it to the state public defender for
reimbursement. If a request for the reimbursement of any operating
expenditure incurred by a county public defender office is not
received by the state public defender within sixty days after the end
of the calendar month in which the expenditure is incurred, the state
public defender shall not pay the requested reimbursement, unless the
county has requested, and the state public defender has granted, an
extension of the sixty-day time limit. Each request for reimbursement
shall include a certification by the county public defender that the
persons provided representation by the county public defender's
office during the period covered by the report were indigent and, for
each person provided representation during that period, a financial
disclosure form completed by the person on a form prescribed by the
state public defender. The state public defender shall also review
the report and, in accordance with the standards, guidelines, and
maximums established pursuant to divisions (B)(7) and (8) of section
120.04 of the Revised Code and the payment determination provisions
of section 120.34 of the Revised Code, prepare a voucher for the cost
of each county public defender's office for the period of time
covered by the certified report

and a voucher for the costs and expenses that are reimbursable under
section 120.35 of the Revised Code, if any
.
The amount of payments to be included in and made under the voucher
shall be determined as specified in section 120.34 of the Revised
Code. For the purposes of this section, "cost" means total
expenses minus
costs
and expenses reimbursable under section 120.35 of the Revised Code
and
any
funds received by the county public defender commission pursuant to a
contract, except a contract entered into with a municipal corporation
pursuant to division (E) of section 120.14 of the Revised Code, gift,
or grant.

(B)
If the county public defender fails to maintain the standards for the
conduct of the office established by rules of the Ohio public
defender commission pursuant to divisions (B) and (C) of section
120.03 or the standards established by the state public defender
pursuant to division (B)(7) of section 120.04 of the Revised Code,
the Ohio public defender commission shall notify the county public
defender commission and the board of county commissioners of the
county that the county public defender has failed to comply with its
rules or the standards of the state public defender. Unless the
county public defender commission or the county public defender
corrects the conduct of the county public defender's office to comply
with the rules and standards within ninety days after the date of the
notice, the state public defender may deny payment of all or part of
the county's reimbursement from the state provided for in division
(A) of this section.

Sec.
120.24.
(A)(1)
Except as provided in division (A)(2) of this section, the joint
county public defender commission shall appoint the joint county
public defender and may remove
him

the joint county public defender

from office only for good cause.

(2)
If a joint county public defender commission contracts with the state
public defender or with one or more nonprofit organizations for the
state public defender or the organizations to provide all of the
services that the joint county public defender is required or
permitted to provide by this chapter, the commission shall not
appoint a joint county public defender.

(B)
The commission shall determine the qualifications and size of the
supporting staff and facilities and other requirements needed to
maintain and operate the office.

(C)
In administering the office of joint county public defender, the
commission shall:

(1)
Recommend to the boards of county commissioners in the district an
annual operating budget which is subject to the review, amendment,
and approval of the boards of county commissioners in the district;

(2)(a)
Make an annual report to the boards of county commissioners in the
district and the Ohio public defender commission on the operation of
the public defender's office
,
including complete and detailed information on finances and costs
that separately states costs and expenses that are reimbursable under
section 120.35 of the Revised Code,

and such other data and information requested by the state public
defender;

(b)
Make monthly reports relating to reimbursement and associated case
data pursuant to the rules of the Ohio public defender commission to
the boards of county commissioners in the district and the Ohio
public defender commission on the total costs of the public
defender's office.

(3)
Cooperate with the Ohio public defender commission in maintaining the
standards established by rules of the Ohio public defender commission
pursuant to divisions (B) and (C) of section 120.03 of the Revised
Code, and cooperate with the state public defender in

his

the state public defender's

programs providing technical aid and assistance to county systems.

(D)
The commission may accept the services of volunteer workers and
consultants at no compensation except reimbursement for actual and
necessary expenses.

(E)
The commission may contract with any municipal corporation, within
the counties served by the joint county public defender, for the
joint county public defender to provide legal representation for
indigent persons who are charged with a violation of the ordinances
of the municipal corporation.

(F)
A joint county public defender commission, with the approval of each
participating board of county commissioners regarding all provisions
that pertain to the financing of defense counsel for indigent
persons, may contract with the state public defender or with any
nonprofit organization, the primary purpose of which is to provide
legal representation to indigent persons, for the state public
defender or the organization to provide all or any part of the
services that a joint county public defender is required or permitted
to provide by this chapter. A contract entered into pursuant to this
division may provide for payment for the services provided on a per
case, hourly, or fixed contract basis. The state public defender and
any nonprofit organization that contracts with a joint county public
defender commission pursuant to this division shall do all of the
following:

(1)
Comply with all standards established by the rules of the Ohio public
defender commission;

(2)
Comply with all standards established by the Ohio public defender;

(3)
Comply with all statutory duties and other laws applicable to joint
county public defenders.

Sec.
120.26.
(A)(1)
The joint county public defender shall provide legal representation
to indigent adults and juveniles who are charged with the commission
of an offense or act that is a violation of a state statute and for
which the penalty or any possible adjudication includes the potential
loss of liberty and in postconviction proceedings as defined in this
section.

(2)
The joint county public defender may provide legal representation to
indigent adults and juveniles charged with the violation of an
ordinance of a municipal corporation for which the penalty or any
possible adjudication includes the potential loss of liberty, if the
joint county public defender commission has contracted with the
municipal corporation to provide legal representation for indigent
persons charged with a violation of an ordinance of the municipal
corporation.

(B)
The joint county public defender shall provide the legal
representation authorized by division (A) of this section at every
stage of the proceedings following arrest, detention, service of
summons, or indictment.

(C)
The joint county public defender may request the Ohio public defender
to prosecute any appeal or other remedy before or after conviction
that the joint county public defender decides is in the interests of
justice and may provide legal representation in parole and probation
revocation matters and matters relating to the revocation of
community control or post-release control under a community control
sanction or post-release control sanction.

(D)
The joint county public defender shall not be required to prosecute
any appeal, postconviction remedy, or other proceeding, unless the
joint county public defender is first satisfied that there is
arguable merit to the proceeding.

(E)
Nothing in this section shall prevent a court from appointing counsel
other than the joint county public defender or from allowing an
indigent person to select the indigent person's own personal counsel
to represent the indigent person. A court may also appoint counsel or
allow an indigent person to select the indigent person's own personal
counsel to assist the joint county public defender as co-counsel when
the interests of justice so require.

(F)
Information as to the right to legal representation by the joint
county public defender or assigned counsel shall be afforded to an
accused person immediately upon arrest, when brought before a
magistrate, or when formally charged, whichever occurs first.

(G)

If
a court appoints the office of the joint county public defender to
represent a petitioner in a postconviction relief proceeding under
section 2953.21 of the Revised Code, the petitioner has received a
sentence of death, and the proceeding relates to that sentence, all
of the attorneys who represent the petitioner in the proceeding
pursuant to the appointment, whether an assistant joint county
defender or the joint county public defender, shall be certified
under Rule 20 of the Rules of Superintendence for the Courts of Ohio
to represent indigent defendants charged with or convicted of an
offense for which the death penalty can be or has been imposed.

(H)

As
used in this section:

(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(2)
"Post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.

Sec.
120.28.
(A)
The joint county public defender commission's report to the joint
board of county commissioners shall be audited by the fiscal officer
of the district. The joint board of county commissioners, after
review and approval of the audited report, may then certify it to the
state public defender for reimbursement. If a request for the
reimbursement of any operating expenditure incurred by a joint county
public defender office is not received by the state public defender
within sixty days after the end of the calendar month in which the
expenditure is incurred, the state public defender shall not pay the
requested reimbursement, unless the joint board of county
commissioners has requested, and the state public defender has
granted, an extension of the sixty-day time limit. Each request for
reimbursement shall include a certification by the joint county
public defender that all persons provided representation by the joint
county public defender's office during the period covered by the
request were indigent and, for each person provided representation
during that period, a financial disclosure form completed by the
person on a form prescribed by the state public defender. The state
public defender shall also review the report and, in accordance with
the standards, guidelines, and maximums established pursuant to
divisions (B)(7) and (8) of section 120.04 of the Revised Code and
the payment determination provisions of section 120.34 of the Revised
Code, prepare a voucher for the cost of each joint county public
defender's office for the period of time covered by the certified
report

and a voucher for the costs and expenses that are reimbursable under
section 120.35 of the Revised Code, if any
.
The amount of payments to be included in and made under the voucher
shall be determined as specified in section 120.34 of the Revised
Code. For purposes of this section, "cost" means total
expenses minus
costs
and expenses reimbursable under section 120.35 of the Revised Code
and
any
funds received by the joint county public defender commission
pursuant to a contract, except a contract entered into with a
municipal corporation pursuant to division (E) of section 120.24 of
the Revised Code, gift, or grant. Each county in the district shall
be entitled to a share of such state reimbursement in proportion to
the percentage of the cost it has agreed to pay.

(B)
If the joint county public defender fails to maintain the standards
for the conduct of the office established by the rules of the Ohio
public defender commission pursuant to divisions (B) and (C) of
section 120.03 or the standards established by the state public
defender pursuant to division (B)(7) of section 120.04 of the Revised
Code, the Ohio public defender commission shall notify the joint
county public defender commission and the board of county
commissioners of each county in the district that the joint county
public defender has failed to comply with its rules or the standards
of the state public defender. Unless the joint public defender
commission or the joint county public defender corrects the conduct
of the joint county public defender's office to comply with the rules
and standards within ninety days after the date of the notice, the
state public defender may deny all or part of the counties'
reimbursement from the state provided for in division (A) of this
section.

Sec.
120.33.
(A)
In lieu of using a county public defender or joint county public
defender to represent indigent persons in the proceedings set forth
in division (A) of section 120.16 of the Revised Code, the board of
county commissioners of any county may adopt a resolution to pay
counsel who are either personally selected by the indigent person or
appointed by the court. The resolution shall include those provisions
the board of county commissioners considers necessary to provide
effective representation of indigent persons in any proceeding for
which counsel is provided under this section. The resolution shall
include provisions for contracts with any municipal corporation under
which the municipal corporation shall reimburse the county for
counsel appointed to represent indigent persons charged with
violations of the ordinances of the municipal corporation.

(1)
In a county that adopts a resolution to pay counsel, an indigent
person shall have the right to do either of the following:

(a)
To select the person's own personal counsel to represent the person
in any proceeding included within the provisions of the resolution;

(b)
To request the court to appoint counsel to represent the person in
such a proceeding.

(2)
The court having jurisdiction over the proceeding in a county that
adopts a resolution to pay counsel shall, after determining that the
person is indigent and entitled to legal representation under this
section, do either of the following:

(a)
By signed journal entry recorded on its docket, enter the name of the
lawyer selected by the indigent person as counsel of record;

(b)
Appoint counsel for the indigent person if the person has requested
the court to appoint counsel and, by signed journal entry recorded on
its dockets, enter the name of the lawyer appointed for the indigent
person as counsel of record.

(3)
The board of county commissioners shall establish a schedule of fees
by case or on an hourly basis to be paid to counsel for legal
services provided pursuant to a resolution adopted under this
section. Prior to establishing the schedule, the board of county
commissioners shall request the bar association or associations of
the county to submit a proposed schedule

for cases other than capital cases
.
The schedule submitted shall be subject to the review, amendment, and
approval of the board of county commissioners
,
except with respect to capital cases. With respect to capital cases,
the schedule shall provide for fees by case or on an hourly basis to
be paid to counsel in the amount or at the rate set by the capital
case attorney fee council pursuant to division (D) of this section,
and the board of county commissioners shall approve that amount or
rate
.

(4)
Counsel selected by the indigent person or appointed by the court at
the request of an indigent person in a county that adopts a
resolution to pay counsel, except for counsel appointed to represent
a person charged with any violation of an ordinance of a municipal
corporation that has not contracted with the county commissioners for
the payment of appointed counsel, shall be paid by the county and
shall receive the compensation and expenses the court approves.

With respect to capital cases, the court shall approve compensation
and expenses in accordance with the amount or at the rate set by the
capital case attorney fee council pursuant to division (D) of this
section.

Each request for payment shall include a financial disclosure form
completed by the indigent person on a form prescribed by the state
public defender. Compensation and expenses shall not exceed the
amounts fixed by the board of county commissioners in the schedule
adopted pursuant to division (A)(3) of this section. No court shall
approve compensation and expenses that exceed the amount fixed
pursuant to division (A)(3) of this section.

The
fees and expenses approved by the court shall not be taxed as part of
the costs and shall be paid by the county. However, if the person
represented has, or may reasonably be expected to have, the means to
meet some part of the cost of the services rendered to the person,
the person shall pay the county an amount that the person reasonably
can be expected to pay. Pursuant to section 120.04 of the Revised
Code, the county shall pay to the state public defender a percentage
of the payment received from the person in an amount proportionate to
the percentage of the costs of the person's case that were paid to
the county by the state public defender pursuant to this section. The
money paid to the state public defender shall be credited to the
client payment fund created pursuant to division (B)(5) of section
120.04 of the Revised Code.

The
county auditor shall draw a warrant on the county treasurer for the
payment of counsel in the amount fixed by the court, plus the
expenses the court fixes and certifies to the auditor. The county
auditor shall report periodically, but not less than annually, to the
board of county commissioners and to the state public defender the
amounts paid out pursuant to the approval of the court. The board of
county commissioners, after review and approval of the auditor's
report, or the county auditor, with permission from and notice to the
board of county commissioners, may then certify it to the state
public defender for reimbursement. The state public defender may pay
a requested reimbursement only if the request for reimbursement
includes a financial disclosure form completed by the indigent person
on a form prescribed by the state public defender or if the court
certifies by electronic signature as prescribed by the state public
defender that a financial disclosure form has been completed by the
indigent person and is available for inspection. If a request for the
reimbursement of the cost of counsel in any case is not received by
the state public defender within ninety days after the end of the
calendar month in which the case is finally disposed of by the court,
unless the county has requested and the state public defender has
granted an extension of the ninety-day limit, the state public
defender shall not pay the requested reimbursement. The state public
defender shall also review the report and, in accordance with the
standards, guidelines, and maximums established pursuant to divisions
(B)(7) and (8) of section 120.04 of the Revised Code and the payment
determination provisions of section 120.34 of the Revised Code,
prepare a voucher for the cost of each county appointed counsel
system in the period of time covered by the certified report

and a voucher for the costs and expenses that are reimbursable under
section 120.35 of the Revised Code, if any
.
The amount of payments to be included in and made under the voucher
shall be determined as specified in section 120.34 of the Revised
Code.

(5)
If any county appointed counsel system fails to maintain the
standards for the conduct of the system established by the rules of
the Ohio public defender commission pursuant to divisions (B) and (C)
of section 120.03 or the standards established by the state public
defender pursuant to division (B)(7) of section 120.04 of the Revised
Code, the Ohio public defender commission shall notify the board of
county commissioners of the county that the county appointed counsel
system has failed to comply with its rules or the standards of the
state public defender. Unless the board of county commissioners
corrects the conduct of its appointed counsel system to comply with
the rules and standards within ninety days after the date of the
notice, the state public defender may deny all or part of the
county's reimbursement from the state provided for in division (A)(4)
of this section.

(B)
In lieu of using a county public defender or joint county public
defender to represent indigent persons in the proceedings set forth
in division (A) of section 120.16 of the Revised Code, and in lieu of
adopting the resolution and following the procedure described in
division (A) of this section, the board of county commissioners of
any county may contract with the state public defender for the state
public defender's legal representation of indigent persons. A
contract entered into pursuant to this division may provide for
payment for the services provided on a per case, hourly, or fixed
contract basis.

(C)
If a court appoints an attorney pursuant to this section to represent
a petitioner in a postconviction relief proceeding under section
2953.21 of the Revised Code, the petitioner has received a sentence
of death, and the proceeding relates to that sentence, the attorney
who represents the petitioner in the proceeding pursuant to the
appointment shall be certified under Rule 20 of the Rules of
Superintendence for the Courts of Ohio to represent indigent
defendants charged with or convicted of an offense for which the
death penalty can be or has been imposed.

(D)(1)
There is hereby created the capital case attorney fee council,
appointed as described in division (D)(2) of this section. The
council shall set an amount by case, or a rate on an hourly basis, to
be paid under this section to counsel in a capital case.

(2)
The capital case attorney fee council shall consist of five members,
all of whom shall be active judges serving on one of the district
courts of appeals in this state. Terms for council members shall be
the lesser of three years or until the member ceases to be an active
judge of a district court of appeals. The initial terms shall
commence ninety days after September 28, 2016. The chief justice of
the supreme court shall appoint the members of the council, and shall
make all of the appointments not later than sixty days after
September 28, 2016. When any vacancy occurs, the chief justice shall
appoint an active judge of a district court of appeals in this state
to fill the vacancy for the unexpired term, in the same manner as
prescribed in this division. The chief justice shall designate a
chairperson from the appointed members of the council. Members of the
council shall receive no additional compensation for their service as
a member, but may be reimbursed for expenses reasonably incurred in
service to the council, to be paid by the supreme court. The supreme
court may provide administrative support to the council.

(3)
The capital case attorney fee council initially shall meet not later
than one hundred twenty days after September 28, 2016. Thereafter,
the council shall meet not less than annually.

(4)
Upon setting the amount or rate described in division (D)(1) of this
section, the chairperson of the capital case attorney fee council
promptly shall provide written notice to the state public defender of
the amount or rate so set. The amount or rate so set shall become
effective ninety days after the date on which the chairperson
provides that written notice to the state public defender. The
council shall specify that effective date in the written notice
provided to the state public defender. All amounts or rates set by
the council shall be final, subject to modification as described in
division (D)(5) of this section, and not subject to appeal.

(5)
The capital case attorney fee council may modify an amount or rate
set as described in division (D)(4) of this section. The provisions
of that division apply with respect to any such modification of an
amount or rate.

Sec.
120.34.
(A)
Except as provided in division (D) of this section, the total amount
of money paid to all counties in any fiscal year pursuant to sections
120.18, 120.28, 120.33,
120.35,

and
2941.51 of the Revised Code for the reimbursement of the counties'
cost of operating county public defender offices, joint county public
defender offices, and county appointed counsel systems, the counties'
costs and expenses of conducting the defense in capital cases, and
the counties' costs and expenses of appointed counsel covered by
section 2941.51 of the Revised Code shall not exceed the total amount
appropriated for that fiscal year by the general assembly for the
reimbursement of the counties for the operation of the offices and
systems and for those appointed counsel costs and expenses, and shall
be determined as specified in this section. If the amount
appropriated by the general assembly in any fiscal year is
insufficient to pay the cost in the fiscal year of all county public
defender offices, all joint county public defender offices, all
county appointed counsel systems, and all costs and expenses of
appointed counsel covered by section 2941.51 of the Revised Code, the
amount of money paid in that fiscal year pursuant to sections 120.18,
120.28, 120.33,
120.35,

and
2941.51 of the Revised Code to each county for the fiscal year shall
be reduced proportionately so that each county is paid an equal
percentage of its cost in the fiscal year for operating its county
public defender system, its joint county public defender system, and
its county appointed counsel system, an equal percentage of its costs
and expenses of conducting the defense in capital cases in the fiscal
year, and an equal percentage of its costs and expenses of appointed
counsel covered by section 2941.51 of the Revised Code.

(B)
If any county receives an amount of money pursuant to section 120.18,
120.28, 120.33,
120.35,

or
2941.51 of the Revised Code that is in excess of the amount of
reimbursement it is entitled to receive pursuant to this section, the
state public defender shall request the board of county commissioners
to return the excess payment and the board of county commissioners,
upon receipt of the request, shall direct the appropriate county
officer to return the excess payment to the state.

(C)
Within thirty days of the end of each fiscal quarter, the state
public defender shall provide to the office of budget and management
and the legislative service commission an estimate of the amount of
money that will be required for the balance of the fiscal year to
make the payments required by sections 120.18, 120.28, 120.33,

120.35,

and
2941.51 of the Revised Code.

(D)
No reimbursement shall be made under this section for costs of
indigent defense to the extent that those costs exceed the hourly
rate, if any, established by the general assembly.

(E)
All payments relating to capital cases that were required to be made
under the provisions of this chapter or section 2941.51 of the
Revised Code as those provisions existed immediately before the
effective date of this amendment shall be made for each calendar or
fiscal year, as applicable, in accordance with those provisions as
they existed immediately before the effective date of this amendment
until each case in which a defendant was sentenced to death before
the effective date of this amendment is finally resolved.

Sec.
149.43.
(A)
As used in this section:

(1)
"Public record" means records kept by any public office,
including, but not limited to, state, county, city, village,
township, and school district units, and records pertaining to the
delivery of educational services by an alternative school in this
state kept by the nonprofit or for-profit entity operating the
alternative school pursuant to section 3313.533 of the Revised Code.
"Public record" does not mean any of the following:

(a)
Medical records;

(b)
Records pertaining to probation and parole proceedings, to
proceedings related to the imposition of community control sanctions
and post-release control sanctions, or to proceedings related to
determinations under section 2967.271 of the Revised Code regarding
the release or maintained incarceration of an offender to whom that
section applies;

(c)
Records pertaining to actions under section 2151.85 and division (C)
of section 2919.121 of the Revised Code and to appeals of actions
arising under those sections;

(d)
Records pertaining to adoption proceedings, including the contents of
an adoption file maintained by the department of health under
sections 3705.12 to 3705.124 of the Revised Code;

(e)
Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of
whether the information is held by the department of job and family
services or, pursuant to section 3111.69 of the Revised Code, the
office of child support in the department or a child support
enforcement agency;

(f)
Records specified in division (A) of section 3107.52 of the Revised
Code;

(g)
Trial preparation records;

(h)
Confidential law enforcement investigatory records;

(i)
Records containing information that is confidential under section
2710.03 or 4112.05 of the Revised Code;

(j)
DNA records stored in the DNA database pursuant to section 109.573 of
the Revised Code;

(k)
Inmate records released by the department of rehabilitation and
correction to the department of youth services or a court of record
pursuant to division (E) of section 5120.21 of the Revised Code;

(l)
Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services
to the department of rehabilitation and correction pursuant to
section 5139.05 of the Revised Code;

(m)
Intellectual property records;

(n)
Donor profile records;

(o)
Records maintained by the department of job and family services
pursuant to section 3121.894 of the Revised Code;

(p)
Designated public service worker residential and familial
information;

(q)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code or a municipal hospital operated pursuant to Chapter
749. of the Revised Code, information that constitutes a trade
secret, as defined in section 1333.61 of the Revised Code;

(r)
Information pertaining to the recreational activities of a person
under the age of eighteen;

(s)
In the case of a child fatality review board acting under sections
307.621 to 307.629 of the Revised Code or a review conducted pursuant
to guidelines established by the director of health under section
3701.70 of the Revised Code, records provided to the board or
director, statements made by board members during meetings of the
board or by persons participating in the director's review, and all
work products of the board or director, and in the case of a child
fatality review board, child fatality review data submitted by the
board to the department of health or a national child death review
database, other than the report prepared pursuant to division (A) of
section 307.626 of the Revised Code;

(t)
Records provided to and statements made by the executive director of
a public children services agency or a prosecuting attorney acting
pursuant to section 5153.171 of the Revised Code other than the
information released under that section;

(u)
Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the
board of executives of long-term services and supports administers
under section 4751.15 of the Revised Code or contracts under that
section with a private or government entity to administer;

(v)
Records the release of which is prohibited by state or federal law;

(w)
Proprietary information of or relating to any person that is
submitted to or compiled by the Ohio venture capital authority
created under section 150.01 of the Revised Code;

(x)
Financial statements and data any person submits for any purpose to
the Ohio housing finance agency or the controlling board in
connection with applying for, receiving, or accounting for financial
assistance from the agency, and information that identifies any
individual who benefits directly or indirectly from financial
assistance from the agency;

(y)
Records listed in section 5101.29 of the Revised Code;

(z)
Discharges recorded with a county recorder under section 317.24 of
the Revised Code, as specified in division (B)(2) of that section;

(aa)
Usage information including names and addresses of specific
residential and commercial customers of a municipally owned or
operated public utility;

(bb)
Records described in division (C) of section 187.04 of the Revised
Code that are not designated to be made available to the public as
provided in that division;

(cc)

Information
and records that are made confidential, privileged, and not subject
to disclosure under divisions (B) and (C) of section 2949.221 of the
Revised Code;

(dd)

Personal
information, as defined in section 149.45 of the Revised Code;

(ee)
(dd)

The confidential name, address, and other personally identifiable
information of a program participant in the address confidentiality
program established under sections 111.41 to 111.47 of the Revised
Code, including the contents of any application for absent voter's
ballots, absent voter's ballot identification envelope statement of
voter, or provisional ballot affirmation completed by a program
participant who has a confidential voter registration record; records
or portions of records pertaining to that program that identify the
number of program participants that reside within a precinct, ward,
township, municipal corporation, county, or any other geographic area
smaller than the state; and any real property confidentiality notice
filed under section 111.431 of the Revised Code and the information
described in division (C) of that section. As used in this division,
"confidential address" and "program participant"
have the meaning defined in section 111.41 of the Revised Code.

(ff)
(ee)

Orders for active military service of an individual serving or with
previous service in the armed forces of the United States, including
a reserve component, or the Ohio organized militia, except that, such
order becomes a public record on the day that is fifteen years after
the published date or effective date of the call to order;

(gg)
(ff)

The name, address, contact information, or other personal information
of an individual who is less than eighteen years of age that is
included in any record related to a traffic accident involving a
school vehicle in which the individual was an occupant at the time of
the accident;

(hh)
(gg)

Protected health information, as defined in 45 C.F.R. 160.103, that
is in a claim for payment for a health care product, service, or
procedure, as well as any other health claims data in another
document that reveals the identity of an individual who is the
subject of the data or could be used to reveal that individual's
identity;

(ii)
(hh)

Any depiction by photograph, film, videotape, or printed or digital
image under either of the following circumstances:

(i)
The depiction is that of a victim of an offense the release of which
would be, to a reasonable person of ordinary sensibilities, an
offensive and objectionable intrusion into the victim's expectation
of bodily privacy and integrity.

(ii)
The depiction captures or depicts the victim of a sexually oriented
offense, as defined in section 2950.01 of the Revised Code, at the
actual occurrence of that offense.

(jj)
(ii)

Restricted portions of a body-worn camera or dashboard camera
recording;

(kk)
(jj)

In the case of a fetal-infant mortality review board acting under
sections 3707.70 to 3707.77 of the Revised Code, records, documents,
reports, or other information presented to the board or a person
abstracting such materials on the board's behalf, statements made by
review board members during board meetings, all work products of the
board, and data submitted by the board to the department of health or
a national infant death review database, other than the report
prepared pursuant to section 3707.77 of the Revised Code.

(ll)
(kk)

Records, documents, reports, or other information presented to the
pregnancy-associated mortality review board established under section
3738.01 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than the biennial
reports prepared under section 3738.08 of the Revised Code;

(mm)
(ll)

Except as otherwise provided in division
(A)(1)(oo)
(A)(1)(nn)

of this section, telephone numbers for a victim, as defined in
section 2930.01 of the Revised Code or a witness to a crime that are
listed on any law enforcement record or report.

(nn)
(mm)

A preneed funeral contract, as defined in section 4717.01 of the
Revised Code, and contract terms and personally identifying
information of a preneed funeral contract, that is contained in a
report submitted by or for a funeral home to the board of embalmers
and funeral directors under division (C) of section 4717.13, division
(J) of section 4717.31, or section 4717.41 of the Revised Code.

(oo)
(nn)

Telephone numbers for a party to a motor vehicle accident subject to
the requirements of section 5502.11 of the Revised Code that are
listed on any law enforcement record or report, except that the
telephone numbers described in this division are not excluded from
the definition of "public record" under this division on
and after the thirtieth day after the occurrence of the motor vehicle
accident.

(pp)
(oo)

Records pertaining to individuals who complete training under section
5502.703 of the Revised Code to be permitted by a school district
board of education or governing body of a community school
established under Chapter 3314. of the Revised Code, a STEM school
established under Chapter 3326. of the Revised Code, or a chartered
nonpublic school to convey deadly weapons or dangerous ordnance into
a school safety zone;

(qq)
(pp)

Records, documents, reports, or other information presented to a
domestic violence fatality review board established under section
307.651 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than a report prepared
pursuant to section 307.656 of the Revised Code;

(rr)
(qq)

Records, documents, and information the release of which is
prohibited under sections 2930.04 and 2930.07 of the Revised Code;

(ss)
(rr)

Records of an existing qualified nonprofit corporation that creates a
special improvement district under Chapter 1710. of the Revised Code
that do not pertain to a purpose for which the district is created;

(tt)
(ss)

Educational support services data, as defined in section 3319.325 of
the Revised Code.

A
record that is not a public record under division (A)(1) of this
section and that, under law, is permanently retained becomes a public
record on the day that is seventy-five years after the day on which
the record was created, except for any record protected by the
attorney-client privilege, a trial preparation record as defined in
this section, a statement prohibiting the release of identifying
information signed under section 3107.083 of the Revised Code, a
denial of release form filed pursuant to section 3107.46 of the
Revised Code, or any record that is exempt from release or disclosure
under section 149.433 of the Revised Code. If the record is a birth
certificate and a biological parent's name redaction request form has
been accepted under section 3107.391 of the Revised Code, the name of
that parent shall be redacted from the birth certificate before it is
released under this paragraph. If any other section of the Revised
Code establishes a time period for disclosure of a record that
conflicts with the time period specified in this section, the time
period in the other section prevails.

(2)
"Confidential law enforcement investigatory record" means
any record that pertains to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature, but only to the
extent that the release of the record would create a high probability
of disclosure of any of the following:

(a)
The identity of a suspect who has not been charged with the offense
to which the record pertains, or of an information source or witness
to whom confidentiality has been reasonably promised;

(b)
Information provided by an information source or witness to whom
confidentiality has been reasonably promised, which information would
reasonably tend to disclose the source's or witness's identity;

(c)
Specific confidential investigatory techniques or procedures or
specific investigatory work product;

(d)
Information that would endanger the life or physical safety of law
enforcement personnel, a crime victim, a witness, or a confidential
information source.

(3)
"Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that is
generated and maintained in the process of medical treatment.

(4)
"Trial preparation record" means any record that contains
information that is specifically compiled in reasonable anticipation
of, or in defense of, a civil or criminal action or proceeding,
including the independent thought processes and personal trial
preparation of an attorney.

(5)
"Intellectual property record" means a record, other than a
financial or administrative record, that is produced or collected by
or for faculty or staff of a state institution of higher learning in
the conduct of or as a result of study or research on an educational,
commercial, scientific, artistic, technical, or scholarly issue,
regardless of whether the study or research was sponsored by the
institution alone or in conjunction with a governmental body or
private concern, and that has not been publicly released, published,
or patented.

(6)
"Donor profile record" means all records about donors or
potential donors to a public institution of higher education except
the names and reported addresses of the actual donors and the date,
amount, and conditions of the actual donation.

(7)
"Designated public service worker" means a peace officer,
parole officer, probation officer, bailiff, prosecuting attorney,
assistant prosecuting attorney, correctional employee, county or
multicounty corrections officer, community-based correctional
facility employee, designated Ohio national guard member, protective
services worker, youth services employee, firefighter, EMT, medical
director or member of a cooperating physician advisory board of an
emergency medical service organization, state board of pharmacy
employee, investigator of the bureau of criminal identification and
investigation, emergency service telecommunicator, forensic mental
health provider, mental health evaluation provider, regional
psychiatric hospital employee, judge, magistrate, or federal law
enforcement officer.

(8)
"Designated public service worker residential and familial
information" means any information that discloses any of the
following about a designated public service worker:

(a)
The address of the actual personal residence of a designated public
service worker, except for the following information:

(i)
The address of the actual personal residence of a prosecuting
attorney or judge; and

(ii)
The state or political subdivision in which a designated public
service worker resides.

(b)
Information compiled from referral to or participation in an employee
assistance program;

(c)
The social security number, the residential telephone number, any
bank account, debit card, charge card, or credit card number, or the
emergency telephone number of, or any medical information pertaining
to, a designated public service worker;

(d)
The name of any beneficiary of employment benefits, including, but
not limited to, life insurance benefits, provided to a designated
public service worker by the designated public service worker's
employer;

(e)
The identity and amount of any charitable or employment benefit
deduction made by the designated public service worker's employer
from the designated public service worker's compensation, unless the
amount of the deduction is required by state or federal law;

(f)
The name, the residential address, the name of the employer, the
address of the employer, the social security number, the residential
telephone number, any bank account, debit card, charge card, or
credit card number, or the emergency telephone number of the spouse,
a former spouse, or any child of a designated public service worker;

(g)
A photograph of a peace officer who holds a position or has an
assignment that may include undercover or plain clothes positions or
assignments as determined by the peace officer's appointing
authority.

(9)
As used in divisions (A)(7) and (15) to (17) of this section:

"Peace
officer" has the meaning defined in section 109.71 of the
Revised Code and also includes the superintendent and troopers of the
state highway patrol; it does not include the sheriff of a county or
a supervisory employee who, in the absence of the sheriff, is
authorized to stand in for, exercise the authority of, and perform
the duties of the sheriff.

"Correctional
employee" means any employee of the department of rehabilitation
and correction who in the course of performing the employee's job
duties has or has had contact with inmates and persons under
supervision.

"County
or multicounty corrections officer" means any corrections
officer employed by any county or multicounty correctional facility.

"Designated
Ohio national guard member" means a member of the Ohio national
guard who is participating in duties related to remotely piloted
aircraft, including, but not limited to, pilots, sensor operators,
and mission intelligence personnel, duties related to special forces
operations, or duties related to cybersecurity, and is designated by
the adjutant general as a designated public service worker for those
purposes.

"Protective
services worker" means any employee of a county agency who is
responsible for child protective services, child support services, or
adult protective services.

"Youth
services employee" means any employee of the department of youth
services who in the course of performing the employee's job duties
has or has had contact with children committed to the custody of the
department of youth services.

"Firefighter"
means any regular, paid or volunteer, member of a lawfully
constituted fire department of a municipal corporation, township,
fire district, or village.

"EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service organization.
"Emergency medical service organization," "EMT-basic,"
"EMT-I," and "paramedic" have the meanings
defined in section 4765.01 of the Revised Code.

"Investigator
of the bureau of criminal identification and investigation" has
the meaning defined in section 2903.11 of the Revised Code.

"Emergency
service telecommunicator" means an individual employed by an
emergency service provider as defined under section 128.01 of the
Revised Code, whose primary responsibility is to be an operator for
the receipt or processing of calls for emergency services made by
telephone, radio, or other electronic means.

"Forensic
mental health provider" means any employee of a community mental
health service provider or local alcohol, drug addiction, and mental
health services board who, in the course of the employee's duties,
has contact with persons committed to a local alcohol, drug
addiction, and mental health services board by a court order pursuant
to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised
Code.

"Mental
health evaluation provider" means an individual who, under
Chapter 5122. of the Revised Code, examines a respondent who is
alleged to be a mentally ill person subject to court order, as
defined in section 5122.01 of the Revised Code, and reports to the
probate court the respondent's mental condition.

"Regional
psychiatric hospital employee" means any employee of the
department of mental health and addiction services who, in the course
of performing the employee's duties, has contact with patients
committed to the department of mental health and addiction services
by a court order pursuant to section 2945.38, 2945.39, 2945.40, or
2945.402 of the Revised Code.

"Federal
law enforcement officer" has the meaning defined in section 9.88
of the Revised Code.

(10)
"Information pertaining to the recreational activities of a
person under the age of eighteen" means information that is kept
in the ordinary course of business by a public office, that pertains
to the recreational activities of a person under the age of eighteen
years, and that discloses any of the following:

(a)
The address or telephone number of a person under the age of eighteen
or the address or telephone number of that person's parent, guardian,
custodian, or emergency contact person;

(b)
The social security number, birth date, or photographic image of a
person under the age of eighteen;

(c)
Any medical record, history, or information pertaining to a person
under the age of eighteen;

(d)
Any additional information sought or required about a person under
the age of eighteen for the purpose of allowing that person to
participate in any recreational activity conducted or sponsored by a
public office or to use or obtain admission privileges to any
recreational facility owned or operated by a public office.

(11)
"Community control sanction" has the meaning defined in
section 2929.01 of the Revised Code.

(12)
"Post-release control sanction" has the meaning defined in
section 2967.01 of the Revised Code.

(13)
"Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or copying
from an item that otherwise meets the definition of a "record"
in section 149.011 of the Revised Code.

(14)
"Designee," "elected official," and "future
official" have the meanings defined in section 109.43 of the
Revised Code.

(15)
"Body-worn camera" means a visual and audio recording
device worn on the person of a correctional employee, youth services
employee, or peace officer while the correctional employee, youth
services employee, or peace officer is engaged in the performance of
official duties.

(16)
"Dashboard camera" means a visual and audio recording
device mounted on a peace officer's vehicle or vessel that is used
while the peace officer is engaged in the performance of the peace
officer's duties.

(17)
"Restricted portions of a body-worn camera or dashboard camera
recording" means any visual or audio portion of a body-worn
camera or dashboard camera recording that shows, communicates, or
discloses any of the following:

(a)
The image or identity of a child or information that could lead to
the identification of a child who is a primary subject of the
recording when the department of rehabilitation and correction,
department of youth services, or the law enforcement agency knows or
has reason to know the person is a child based on the department's or
law enforcement agency's records or the content of the recording;

(b)
The death of a person or a deceased person's body, unless the death
was caused by a correctional employee, youth services employee, or
peace officer or, subject to division (H)(1) of this section, the
consent of the decedent's executor or administrator has been
obtained;

(c)
The death of a correctional employee, youth services employee, peace
officer, firefighter, paramedic, or other first responder, occurring
while the decedent was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the decedent's executor or administrator has been obtained;

(d)
Grievous bodily harm, unless the injury was effected by a
correctional employee, youth services employee, or peace officer or,
subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(e)
An act of severe violence against a person that results in serious
physical harm to the person, unless the act and injury was effected
by a correctional employee, youth services employee, or peace officer
or, subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(f)
Grievous bodily harm to a correctional employee, youth services
employee, peace officer, firefighter, paramedic, or other first
responder, occurring while the injured person was engaged in the
performance of official duties, unless, subject to division (H)(1) of
this section, the consent of the injured person or the injured
person's guardian has been obtained;

(g)
An act of severe violence resulting in serious physical harm against
a correctional employee, youth services employee, peace officer,
firefighter, paramedic, or other first responder, occurring while the
injured person was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the injured person or the injured person's guardian has been
obtained;

(h)
A person's nude body, unless, subject to division (H)(1) of this
section, the person's consent has been obtained;

(i)
Protected health information, the identity of a person in a health
care facility who is not the subject of a correctional, youth
services, or law enforcement encounter, or any other information in a
health care facility that could identify a person who is not the
subject of a correctional, youth services, or law enforcement
encounter;

(j)
Information that could identify the alleged victim of a sex offense,
menacing by stalking, or domestic violence;

(k)
Information, that does not constitute a confidential law enforcement
investigatory record, that could identify a person who provides
sensitive or confidential information to the department of
rehabilitation and correction, the department of youth services, or a
law enforcement agency when the disclosure of the person's identity
or the information provided could reasonably be expected to threaten
or endanger the safety or property of the person or another person;

(l)
Personal information of a person who is not arrested, cited, charged,
or issued a written warning by a peace officer;

(m)
Proprietary correctional, youth services, or police contingency plans
or tactics that are intended to prevent crime and maintain public
order and safety;

(n)
A personal conversation unrelated to work between correctional
employees, youth services employees, or peace officers or between a
correctional employee, youth services employee, or peace officer and
an employee of a law enforcement agency;

(o)
A conversation between a correctional employee, youth services
employee, or peace officer and a member of the public that does not
concern correctional, youth services, or law enforcement activities;

(p)
The interior of a residence, unless the interior of a residence is
the location of an adversarial encounter with, or a use of force by,
a correctional employee, youth services employee, or peace officer;

(q)
Any portion of the interior of a private business that is not open to
the public, unless an adversarial encounter with, or a use of force
by, a correctional employee, youth services employee, or peace
officer occurs in that location.

As
used in division (A)(17) of this section:

"Grievous
bodily harm" has the same meaning as in section 5924.120 of the
Revised Code.

"Health
care facility" has the same meaning as in section 1337.11 of the
Revised Code.

"Protected
health information" has the same meaning as in 45 C.F.R.
160.103.

"Law
enforcement agency" means a government entity that employs peace
officers to perform law enforcement duties.

"Personal
information" means any government-issued identification number,
date of birth, address, financial information, or criminal justice
information from the law enforcement automated data system or similar
databases.

"Sex
offense" has the same meaning as in section 2907.10 of the
Revised Code.

"Firefighter,"
"paramedic," and "first responder" have the same
meanings as in section 4765.01 of the Revised Code.

(B)(1)
Upon request by any person and subject to division (B)(8) of this
section, all public records responsive to the request shall be
promptly prepared and made available for inspection to the requester
at all reasonable times during regular business hours. Subject to
division (B)(8) of this section, upon request by any person, a public
office or person responsible for public records shall make copies of
the requested public record available to the requester at cost and
within a reasonable period of time. If a public record contains
information that is exempt from the duty to permit public inspection
or to copy the public record, the public office or the person
responsible for the public record shall make available all of the
information within the public record that is not exempt. When making
that public record available for public inspection or copying that
public record, the public office or the person responsible for the
public record shall notify the requester of any redaction or make the
redaction plainly visible. A redaction shall be deemed a denial of a
request to inspect or copy the redacted information, except if
federal or state law authorizes or requires a public office to make
the redaction. When the auditor of state receives a request to
inspect or to make a copy of a record that was provided to the
auditor of state for purposes of an audit, but the original public
office has asserted to the auditor of state that the record is not a
public record, the auditor of state may handle the requests by
directing the requestor to the original public office that provided
the record to the auditor of state.

(2)
To facilitate broader access to public records, a public office or
the person responsible for public records shall organize and maintain
public records in a manner that they can be made available for
inspection or copying in accordance with division (B) of this
section. A public office also shall have available a copy of its
current records retention schedule at a location readily available to
the public. If a requester makes an ambiguous or overly broad request
or has difficulty in making a request for copies or inspection of
public records under this section such that the public office or the
person responsible for the requested public record cannot reasonably
identify what public records are being requested, the public office
or the person responsible for the requested public record may deny
the request but shall provide the requester with an opportunity to
revise the request by informing the requester of the manner in which
records are maintained by the public office and accessed in the
ordinary course of the public office's or person's duties.

(3)
If a request is ultimately denied, in part or in whole, the public
office or the person responsible for the requested public record
shall provide the requester with an explanation, including legal
authority, setting forth why the request was denied. If the initial
request was provided in writing, the explanation also shall be
provided to the requester in writing. The explanation shall not
preclude the public office or the person responsible for the
requested public record from relying upon additional reasons or legal
authority in defending an action commenced under division (C) of this
section.

(4)
Unless specifically required or authorized by state or federal law or
in accordance with division (B) of this section, no public office or
person responsible for public records may limit or condition the
availability of public records by requiring disclosure of the
requester's identity or the intended use of the requested public
record. Any requirement that the requester disclose the requester's
identity or the intended use of the requested public record
constitutes a denial of the request.

(5)
A public office or person responsible for public records may ask a
requester to make the request in writing, may ask for the requester's
identity, and may inquire about the intended use of the information
requested, but may do so only after disclosing to the requester that
a written request is not mandatory, that the requester may decline to
reveal the requester's identity or the intended use, and when a
written request or disclosure of the identity or intended use would
benefit the requester by enhancing the ability of the public office
or person responsible for public records to identify, locate, or
deliver the public records sought by the requester.

(6)
If any person requests a copy of a public record in accordance with
division (B) of this section, the public office or person responsible
for the public record may require the requester to pay in advance the
cost involved in providing the copy of the public record in
accordance with the choice made by the requester under this division.
The public office or the person responsible for the public record
shall permit the requester to choose to have the public record
duplicated upon paper, upon the same medium upon which the public
office or person responsible for the public record keeps it, or upon
any other medium upon which the public office or person responsible
for the public record determines that it reasonably can be duplicated
as an integral part of the normal operations of the public office or
person responsible for the public record. When the requester makes a
choice under this division, the public office or person responsible
for the public record shall provide a copy of it in accordance with
the choice made by the requester. Nothing in this section requires a
public office or person responsible for the public record to allow
the requester of a copy of the public record to make the copies of
the public record.

(7)(a)
Upon a request made in accordance with division (B) of this section
and subject to division (B)(6) of this section, a public office or
person responsible for public records shall transmit a copy of a
public record to any person by United States mail or by any other
means of delivery or transmission within a reasonable period of time
after receiving the request for the copy. The public office or person
responsible for the public record may require the person making the
request to pay in advance the cost of postage if the copy is
transmitted by United States mail or the cost of delivery if the copy
is transmitted other than by United States mail, and to pay in
advance the costs incurred for other supplies used in the mailing,
delivery, or transmission.

(b)
Any public office may adopt a policy and procedures that it will
follow in transmitting, within a reasonable period of time after
receiving a request, copies of public records by United States mail
or by any other means of delivery or transmission pursuant to
division (B)(7) of this section. A public office that adopts a policy
and procedures under division (B)(7) of this section shall comply
with them in performing its duties under that division.

(c)
In any policy and procedures adopted under division (B)(7) of this
section:

(i)
A public office may limit the number of records requested by a person
that the office will physically deliver by United States mail or by
another delivery service to ten per month, unless the person
certifies to the office in writing that the person does not intend to
use or forward the requested records, or the information contained in
them, for commercial purposes;

(ii)
A public office that chooses to provide some or all of its public
records on a web site that is fully accessible to and searchable by
members of the public at all times, other than during acts of God
outside the public office's control or maintenance, and that charges
no fee to search, access, download, or otherwise receive records
provided on the web site, may limit to ten per month the number of
records requested by a person that the office will deliver in a
digital format, unless the requested records are not provided on the
web site and unless the person certifies to the office in writing
that the person does not intend to use or forward the requested
records, or the information contained in them, for commercial
purposes.

(iii)
For purposes of division (B)(7) of this section, "commercial"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(8)
A public office or person responsible for public records is not
required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a criminal
investigation or prosecution if the subject of the investigation or
prosecution were an adult, unless the request to inspect or to obtain
a copy of the record is for the purpose of acquiring information that
is subject to release as a public record under this section and the
judge who imposed the sentence or made the adjudication with respect
to the person, or the judge's successor in office, finds that the
information sought in the public record is necessary to support what
appears to be a justiciable claim of the person.

(9)(a)
Upon written request made and signed by a journalist, a public
office, or person responsible for public records, having custody of
the records of the agency employing a specified designated public
service worker shall disclose to the journalist the address of the
actual personal residence of the designated public service worker
and, if the designated public service worker's spouse, former spouse,
or child is employed by a public office, the name and address of the
employer of the designated public service worker's spouse, former
spouse, or child. The request shall include the journalist's name and
title and the name and address of the journalist's employer and shall
state that disclosure of the information sought would be in the
public interest.

(b)
Division (B)(9)(a) of this section also applies to journalist
requests for:

(i)
Customer information maintained by a municipally owned or operated
public utility, other than social security numbers and any private
financial information such as credit reports, payment methods, credit
card numbers, and bank account information;

(ii)
Information about minors involved in a school vehicle accident as
provided in division
(A)(1)(gg)
(A)(1)(ff)

of this section, other than personal information as defined in
section 149.45 of the Revised Code.

(c)
As used in division (B)(9) of this section, "journalist"
means a person engaged in, connected with, or employed by any news
medium, including a newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a similar
medium, for the purpose of gathering, processing, transmitting,
compiling, editing, or disseminating information for the general
public.

(10)
Upon a request made by a victim, victim's attorney, or victim's
representative, as that term is used in section 2930.02 of the
Revised Code, a public office or person responsible for public
records shall transmit a copy of a depiction of the victim as
described in division
(A)(1)(ii)
(A)(1)(hh)

of this section to the victim, victim's attorney, or victim's
representative.

(C)(1)
If a person allegedly is aggrieved by the failure of a public office
or the person responsible for public records to promptly prepare a
public record and to make it available to the person for inspection
in accordance with division (B) of this section or by any other
failure of a public office or the person responsible for public
records to comply with an obligation in accordance with division (B)
of this section, the person allegedly aggrieved may do only one of
the following, and not both:

(a)
File a complaint with the clerk of the court of claims or the clerk
of the court of common pleas under section 2743.75 of the Revised
Code;

(b)
Commence a mandamus action to obtain a judgment that orders the
public office or the person responsible for the public record to
comply with division (B) of this section, that awards court costs and
reasonable attorney's fees to the person that instituted the mandamus
action, and, if applicable, that includes an order fixing statutory
damages under division (C)(2) of this section. The mandamus action
may be commenced in the court of common pleas of the county in which
division (B) of this section allegedly was not complied with, in the
supreme court pursuant to its original jurisdiction under Section 2
of Article IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section allegedly
was not complied with pursuant to its original jurisdiction under
Section 3 of Article IV, Ohio Constitution.

(2)
If a requester transmits a written request by hand delivery,
electronic submission, or certified mail to inspect or receive copies
of any public record in a manner that fairly describes the public
record or class of public records to the public office or person
responsible for the requested public records, except as otherwise
provided in this section, the requester shall be entitled to recover
the amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance with
division (B) of this section.

The
amount of statutory damages shall be fixed at one hundred dollars for
each business day during which the public office or person
responsible for the requested public records failed to comply with an
obligation in accordance with division (B) of this section, beginning
with the day on which the requester files a mandamus action to
recover statutory damages, up to a maximum of one thousand dollars.
The award of statutory damages shall not be construed as a penalty,
but as compensation for injury arising from lost use of the requested
information. The existence of this injury shall be conclusively
presumed. The award of statutory damages shall be in addition to all
other remedies authorized by this section.

The
court may reduce an award of statutory damages or not award statutory
damages if the court determines both of the following:

(a)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(b)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(3)
In a mandamus action filed under division (C)(1) of this section, the
following apply:

(a)(i)
If the court orders the public office or the person responsible for
the public record to comply with division (B) of this section, the
court shall determine and award to the relator all court costs, which
shall be construed as remedial and not punitive.

(ii)
If the court makes a determination described in division
(C)(3)(b)(iii) of this section, the court shall determine and award
to the relator all court costs, which shall be construed as remedial
and not punitive.

(b)
If the court renders a judgment that orders the public office or the
person responsible for the public record to comply with division (B)
of this section or if the court determines any of the following, the
court may award reasonable attorney's fees to the relator, subject to
division (C)(4) of this section:

(i)
The public office or the person responsible for the public records
failed to respond affirmatively or negatively to the public records
request in accordance with the time allowed under division (B) of
this section.

(ii)
The public office or the person responsible for the public records
promised to permit the relator to inspect or receive copies of the
public records requested within a specified period of time but failed
to fulfill that promise within that specified period of time.

(iii)
The public office or the person responsible for the public records
acted in bad faith when the office or person voluntarily made the
public records available to the relator for the first time after the
relator commenced the mandamus action, but before the court issued
any order concluding whether or not the public office or person was
required to comply with division (B) of this section. No discovery
may be conducted on the issue of the alleged bad faith of the public
office or person responsible for the public records. This division
shall not be construed as creating a presumption that the public
office or the person responsible for the public records acted in bad
faith when the office or person voluntarily made the public records
available to the relator for the first time after the relator
commenced the mandamus action, but before the court issued any order
described in this division.

(c)
The court shall not award attorney's fees to the relator if the court
determines both of the following:

(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(ii)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(4)
All of the following apply to any award of reasonable attorney's fees
awarded under division (C)(3)(b) of this section:

(a)
The fees shall be construed as remedial and not punitive.

(b)
The fees awarded shall not exceed the total of the reasonable
attorney's fees incurred before the public record was made available
to the relator and the fees described in division (C)(4)(c) of this
section.

(c)
Reasonable attorney's fees shall include reasonable fees incurred to
produce proof of the reasonableness and amount of the fees and to
otherwise litigate entitlement to the fees.

(d)
The court may reduce the amount of fees awarded if the court
determines that, given the factual circumstances involved with the
specific public records request, an alternative means should have
been pursued to more effectively and efficiently resolve the dispute
that was subject to the mandamus action filed under division (C)(1)
of this section.

(5)
If the court does not issue a writ of mandamus under division (C) of
this section and the court determines at that time that the bringing
of the mandamus action was frivolous conduct as defined in division
(A) of section 2323.51 of the Revised Code, the court may award to
the public office all court costs, expenses, and reasonable
attorney's fees, as determined by the court.

(D)
Chapter 1347. of the Revised Code does not limit the provisions of
this section.

(E)(1)
To ensure that all employees of public offices are appropriately
educated about a public office's obligations under division (B) of
this section, all elected officials or their appropriate designees
shall attend training approved by the attorney general as provided in
section 109.43 of the Revised Code. A future official may satisfy the
requirements of this division by attending the training before taking
office, provided that the future official may not send a designee in
the future official's place.

(2)
All public offices shall adopt a public records policy in compliance
with this section for responding to public records requests. In
adopting a public records policy under this division, a public office
may obtain guidance from the model public records policy developed
and provided to the public office by the attorney general under
section 109.43 of the Revised Code. Except as otherwise provided in
this section, the policy may not limit the number of public records
that the public office will make available to a single person, may
not limit the number of public records that it will make available
during a fixed period of time, and may not establish a fixed period
of time before it will respond to a request for inspection or copying
of public records, unless that period is less than eight hours.

The
public office shall distribute the public records policy adopted by
the public office under this division to the employee of the public
office who is the records custodian or records manager or otherwise
has custody of the records of that office. The public office shall
require that employee to acknowledge receipt of the copy of the
public records policy. The public office shall create a poster that
describes its public records policy and shall post the poster in a
conspicuous place in the public office and in all locations where the
public office has branch offices. The public office may post its
public records policy on the internet web site of the public office
if the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies and
procedures for all employees of the public office shall include the
public records policy of the public office in the manual or handbook.

(F)(1)
The bureau of motor vehicles may adopt rules pursuant to Chapter 119.
of the Revised Code to reasonably limit the number of bulk commercial
special extraction requests made by a person for the same records or
for updated records during a calendar year. The rules may include
provisions for charges to be made for bulk commercial special
extraction requests for the actual cost of the bureau, plus special
extraction costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is
prohibited by law.

(2)
As used in division (F)(1) of this section:

(a)
"Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs,
or other transmitting costs, and any direct equipment operating and
maintenance costs, including actual costs paid to private contractors
for copying services.

(b)
"Bulk commercial special extraction request" means a
request for copies of a record for information in a format other than
the format already available, or information that cannot be extracted
without examination of all items in a records series, class of
records, or database by a person who intends to use or forward the
copies for surveys, marketing, solicitation, or resale for commercial
purposes. "Bulk commercial special extraction request" does
not include a request by a person who gives assurance to the bureau
that the person making the request does not intend to use or forward
the requested copies for surveys, marketing, solicitation, or resale
for commercial purposes.

(c)
"Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.

(d)
"Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual
amount paid to outside private contractors employed by the bureau, or
the actual cost incurred to create computer programs to make the
special extraction. "Special extraction costs" include any
charges paid to a public agency for computer or records services.

(3)
For purposes of divisions (F)(1) and (2) of this section, "surveys,
marketing, solicitation, or resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(G)
A request by a defendant, counsel of a defendant, or any agent of a
defendant in a criminal action that public records related to that
action be made available under this section shall be considered a
demand for discovery pursuant to the Criminal Rules, except to the
extent that the Criminal Rules plainly indicate a contrary intent.
The defendant, counsel of the defendant, or agent of the defendant
making a request under this division shall serve a copy of the
request on the prosecuting attorney, director of law, or other chief
legal officer responsible for prosecuting the action.

(H)(1)
Any portion of a body-worn camera or dashboard camera recording
described in divisions (A)(17)(b) to (h) of this section may be
released by consent of the subject of the recording or a
representative of that person, as specified in those divisions, only
if either of the following applies:

(a)
The recording will not be used in connection with any probable or
pending criminal proceedings;

(b)
The recording has been used in connection with a criminal proceeding
that was dismissed or for which a judgment has been entered pursuant
to Rule 32 of the Rules of Criminal Procedure, and will not be used
again in connection with any probable or pending criminal
proceedings.

(2)
If a public office denies a request to release a restricted portion
of a body-worn camera or dashboard camera recording, as defined in
division (A)(17) of this section, any person may file a mandamus
action pursuant to this section or a complaint with the clerk of the
court of claims pursuant to section 2743.75 of the Revised Code,
requesting the court to order the release of all or portions of the
recording. If the court considering the request determines that the
filing articulates by clear and convincing evidence that the public
interest in the recording substantially outweighs privacy interests
and other interests asserted to deny release, the court shall order
the public office to release the recording.

Sec.
149.436.
Notwithstanding
division
(A)(1)(gg)

(A)(1)(ff)

of
section 149.43 of the Revised Code, upon written request made and
signed by the parent or guardian of an individual who is less than
eighteen years of age and was an occupant of a school vehicle
involved in a traffic accident, a public office or person responsible
for public records, having custody of any record related to the
traffic accident containing the personal information of the
individual, shall transmit a copy of that record to the recipient
identified in the request.

The
written request shall identify the individual on whose behalf the
record is requested and the person to whom the record shall be
transmitted. The record shall be transmitted only to the person
identified in the written request as the recipient of the record.

A
public office or person responsible for records responding to a
request under this section shall redact any personal information
contained in the record of any individual less than eighteen years of
age who is not the subject of the request, before providing the
record to the recipient.

Sec.
1901.183.
In
addition to jurisdiction otherwise granted in this chapter, the
environmental division of a municipal court shall have jurisdiction
within its territory in all of the following actions or proceedings
and to perform all of the following functions:

(A)
Notwithstanding any monetary limitations in section 1901.17 of the
Revised Code, in all actions and proceedings for the sale of real or
personal property under lien of a judgment of the environmental
division of the municipal court, or a lien for machinery, material,
fuel furnished, or labor performed, irrespective of amount, and, in
those cases, the environmental division may proceed to foreclose and
marshal all liens and all vested or contingent rights, to appoint a
receiver, and to render personal judgment irrespective of amount in
favor of any party;

(B)
When in aid of execution of a judgment of the environmental division
of the municipal court, in all actions for the foreclosure of a
mortgage on real property given to secure the payment of money, or
the enforcement of a specific lien for money or other encumbrance or
charge on real property, when the real property is situated within
the territory, and, in those cases, the environmental division may
proceed to foreclose all liens and all vested and contingent rights
and proceed to render judgments, and make findings and orders,
between the parties, in the same manner and to the same extent as in
similar cases in the court of common pleas;

(C)
When in aid of execution of a judgment of the environmental division
of the municipal court, in all actions for the recovery of real
property situated within the territory to the same extent as courts
of common pleas have jurisdiction;

(D)
In all actions for injunction to prevent or terminate violations of
the ordinances and regulations of any municipal corporation within
its territory enacted or promulgated under the police power of that
municipal corporation pursuant to Section 3 of Article XVIII, Ohio
Constitution, over which the court of common pleas has or may have
jurisdiction, and, in those cases, the environmental division of the
municipal court may proceed to render judgments, and make findings
and orders, in the same manner and to the same extent as in similar
cases in the court of common pleas;

(E)
In all actions for injunction to prevent or terminate violations of
the resolutions and regulations of any political subdivision within
its territory enacted or promulgated under the power of that
political subdivision pursuant to Article X of the Ohio Constitution,
over which the court of common pleas has or may have jurisdiction,
and, in those cases, the environmental division of the municipal
court may proceed to render judgments, and make findings and orders,
in the same manner and to the same extent as in similar cases in the
court of common pleas;

(F)
In any civil action to enforce any provision of Chapter 3704., 3714.,
3734., 3737., 3767., or 6111. of the Revised Code over which the
court of common pleas has or may have jurisdiction, and, in those
actions, the environmental division of the municipal court may
proceed to render judgments, and make findings and orders, in the
same manner and to the same extent as in similar actions in the court
of common pleas;

(G)
In all actions and proceedings in the nature of creditors' bills, and
in aid of execution to subject the interests of a judgment debtor in
real or personal property to the payment of a judgment of the
division, and, in those actions and proceedings, the environmental
division may proceed to marshal and foreclose all liens on the
property irrespective of the amount of the lien, and all vested or
contingent rights in the property;

(H)
Concurrent jurisdiction with the court of common pleas of all
criminal actions or proceedings related to the pollution of the air,
ground, or water within the territory of the environmental division
of the municipal court
,
for which a sentence of death cannot be imposed under Chapter 2903.
of the Revised Code
;

(I)
In any review or appeal of any final order of any administrative
officer, agency, board, department, tribunal, commission, or other
instrumentality that relates to a local building, housing, air
pollution, sanitation, health, fire, zoning, or safety code,
ordinance, or regulation, in the same manner and to the same extent
as in similar appeals in the court of common pleas;

(J)
With respect to the environmental division of the Franklin county
municipal court, to hear appeals from adjudication hearings conducted
under Chapter 956. of the Revised Code.

Sec.
2152.13.
(A)
A juvenile court shall impose a serious youthful dispositional
sentence on a child when required under division (B)(3) of section
2152.121 of the Revised Code. In such a case, the remaining
provisions of this division and divisions (B) and (C) do not apply to
the child, and the court shall impose the mandatory serious youthful
dispositional sentence under division (D)(1) of this section.

In
all other cases, a juvenile court may impose a serious youthful
offender dispositional sentence on a child only if the prosecuting
attorney of the county in which the delinquent act allegedly occurred
initiates the process against the child in accordance with this
division, and the child is an alleged delinquent child who is
eligible for the dispositional sentence. The prosecuting attorney may
initiate the process in any of the following ways:

(1)
Obtaining an indictment of the child as a serious youthful offender;

(2)
The child waives the right to indictment, charging the child in a
bill of information as a serious youthful offender;

(3)
Until an indictment or information is obtained, requesting a serious
youthful offender dispositional sentence in the original complaint
alleging that the child is a delinquent child;

(4)
Until an indictment or information is obtained, if the original
complaint does not request a serious youthful offender dispositional
sentence, filing with the juvenile court a written notice of intent
to seek a serious youthful offender dispositional sentence within
twenty days after the later of the following, unless the time is
extended by the juvenile court for good cause shown:

(a)
The date of the child's first juvenile court hearing regarding the
complaint;

(b)
The date the juvenile court determines not to transfer the case under
section 2152.12 of the Revised Code.

After
a written notice is filed under division (A)(4) of this section, the
juvenile court shall serve a copy of the notice on the child and
advise the child of the prosecuting attorney's intent to seek a
serious youthful offender dispositional sentence in the case.

(B)
If an alleged delinquent child is not indicted or charged by
information as described in division (A)(1) or (2) of this section
and if a notice or complaint as described in division (A)(3) or (4)
of this section indicates that the prosecuting attorney intends to
pursue a serious youthful offender dispositional sentence in the
case, the juvenile court shall hold a preliminary hearing to
determine if there is probable cause that the child committed the act
charged and is by age eligible for, or required to receive, a serious
youthful offender dispositional sentence.

(C)(1)
A child for whom a serious youthful offender dispositional sentence
is sought by a prosecuting attorney has the right to a grand jury
determination of probable cause that the child committed the act
charged and that the child is eligible by age for a serious youthful
offender dispositional sentence. The grand jury may be impaneled by
the court of common pleas or the juvenile court.

Once
a child is indicted, or charged by information or the juvenile court
determines that the child is eligible for a serious youthful offender
dispositional sentence, the child is entitled to an open and speedy
trial by jury in juvenile court and to be provided with a transcript
of the proceedings. The time within which the trial is to be held
under Title XXIX of the Revised Code commences on whichever of the
following dates is applicable:

(a)
If the child is indicted or charged by information, on the date of
the filing of the indictment or information.

(b)
If the child is charged by an original complaint that requests a
serious youthful offender dispositional sentence, on the date of the
filing of the complaint.

(c)
If the child is not charged by an original complaint that requests a
serious youthful offender dispositional sentence, on the date that
the prosecuting attorney files the written notice of intent to seek a
serious youthful offender dispositional sentence.

(2)
If the child is detained awaiting adjudication, upon indictment or
being charged by information, the child has the same right to bail as
an adult charged with the offense the alleged delinquent act would be
if committed by an adult. Except as provided in division (D) of
section 2152.14 of the Revised Code, all provisions of Title XXIX of
the Revised Code and the Criminal Rules shall apply in the case and
to the child. The juvenile court shall afford the child all rights
afforded a person who is prosecuted for committing a crime including
the right to counsel and the right to raise the issue of competency.
The child may not waive the right to counsel.

(D)(1)
If a child is adjudicated a delinquent child for committing an act
under circumstances that require the juvenile court to impose upon
the child a serious youthful offender dispositional sentence under
section 2152.11 of the Revised Code, all of the following apply:

(a)
The juvenile court shall impose upon the child a sentence available
for the violation, as if the child were an adult, under Chapter 2929.
of the Revised Code, except that the juvenile court shall not impose
on the child a sentence of
death
or
life
imprisonment without parole.

(b)
The juvenile court also shall impose upon the child one or more
traditional juvenile dispositions under sections 2152.16, 2152.19,
and 2152.20, and, if applicable, section 2152.17 of the Revised Code.

(c)
The juvenile court shall stay the adult portion of the serious
youthful offender dispositional sentence pending the successful
completion of the traditional juvenile dispositions imposed.

(2)(a)
If a child is adjudicated a delinquent child for committing an act
under circumstances that allow, but do not require, the juvenile
court to impose on the child a serious youthful offender
dispositional sentence under section 2152.11 of the Revised Code, all
of the following apply:

(i)
If the juvenile court on the record makes a finding that, given the
nature and circumstances of the violation and the history of the
child, the length of time, level of security, and types of
programming and resources available in the juvenile system alone are
not adequate to provide the juvenile court with a reasonable
expectation that the purposes set forth in section 2152.01 of the
Revised Code will be met, the juvenile court may impose upon the
child a sentence available for the violation, as if the child were an
adult, under Chapter 2929. of the Revised Code, except that the
juvenile court shall not impose on the child a sentence of
death
or
life
imprisonment without parole.

(ii)
If a sentence is imposed under division (D)(2)(a)(i) of this section,
the juvenile court also shall impose upon the child one or more
traditional juvenile dispositions under sections 2152.16, 2152.19,
and 2152.20 and, if applicable, section 2152.17 of the Revised Code.

(iii)
The juvenile court shall stay the adult portion of the serious
youthful offender dispositional sentence pending the successful
completion of the traditional juvenile dispositions imposed.

(b)
If the juvenile court does not find that a sentence should be imposed
under division (D)(2)(a)(i) of this section, the juvenile court may
impose one or more traditional juvenile dispositions under sections
2152.16, 2152.19, 2152.20, and, if applicable, section 2152.17 of the
Revised Code.

(3)
A child upon whom a serious youthful offender dispositional sentence
is imposed under division (D)(1) or (2) of this section has a right
to appeal under division (A)(1), (3), (4), or (5) of section 2953.08
of the Revised Code the adult portion of the serious youthful
offender dispositional sentence when any of those divisions apply.
The child may appeal the adult portion, and the court shall consider
the appeal as if the adult portion were not stayed.

Sec.
2152.67.
Any
adult who is arrested or charged under any provision in this chapter
and who is charged with a crime may demand a trial by jury, or the
juvenile judge upon the judge's own motion may call a jury. A demand
for a jury trial shall be made in writing in not less than three days
before the date set for trial, or within three days after counsel has
been retained, whichever is later. Sections 2945.17 and 2945.23 to
2945.36 of the Revised Code, relating to the drawing and impaneling
of jurors in criminal cases in the court of common pleas
,
other than in capital cases,

shall apply to a jury trial under this section. The compensation of
jurors and costs of the clerk and sheriff shall be taxed and paid in
the same manner as in criminal cases in the court of common pleas.

Sec.
2301.20.
All
civil and criminal actions in the court of common pleas shall be
recorded. The reporter shall take accurate notes of or electronically
record the oral testimony. The notes and electronic records shall be
filed in the office of the official reporter and carefully preserved
for either of the following periods of time:

(A)
If the action is not a
capital

case

in which a sentence of life imprisonment has been imposed or a case
in which, prior to the effective date of this amendment, a sentence
of death was imposed
,
the notes and electronic records shall be preserved for the period of
time specified by the court of common pleas, which period of time
shall not be longer than the period of time that the other records of
the particular action are required to be kept.

(B)
If the action is a
capital

case
,

in which a sentence of life imprisonment has been imposed or a case
in which, prior to the effective date of this amendment, a sentence
of death has been imposed

the notes and electronic records shall be preserved for the longer of
ten years or until the final disposition of the action and exhaustion
of all appeals.

Sec.
2307.60.
(A)(1)
Anyone injured in person or property by a criminal act has, and may
recover full damages in, a civil action unless specifically excepted
by law, may recover the costs of maintaining the civil action and
attorney's fees if authorized by any provision of the Rules of Civil
Procedure or another section of the Revised Code or under the common
law of this state, and may recover punitive or exemplary damages if
authorized by section 2315.21 or another section of the Revised Code.

(2)
A final judgment of a trial court that has not been reversed on
appeal or otherwise set aside, nullified, or vacated, entered after a
trial or upon a plea of guilty, but not upon a plea of no contest or
the equivalent plea from another jurisdiction, that adjudges an
offender guilty of an offense of violence punishable by
death
or
imprisonment
in excess of one year, when entered as evidence in any subsequent
civil proceeding based on the criminal act, shall preclude the
offender from denying in the subsequent civil proceeding any fact
essential to sustaining that judgment, unless the offender can
demonstrate that extraordinary circumstances prevented the offender
from having a full and fair opportunity to litigate the issue in the
criminal proceeding or other extraordinary circumstances justify
affording the offender an opportunity to relitigate the issue. The
offender may introduce evidence of the offender's pending appeal of
the final judgment of the trial court, if applicable, and the court
may consider that evidence in determining the liability of the
offender.

(B)(1)
As used in division (B) of this section:

(a)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property other than a civil action for
damages for a breach of contract or another agreement between
persons. "Tort action" includes, but is not limited to, a
product liability claim, as defined in section 2307.71 of the Revised
Code, and an asbestos claim, as defined in section 2307.91 of the
Revised Code, an action for wrongful death under Chapter 2125. of the
Revised Code, and an action based on derivative claims for relief.

(b)
"Residence" has the same meaning as in section 2901.05 of
the Revised Code.

(2)
Recovery on a claim for relief in a tort action is barred to any
person or the person's legal representative if any of the following
apply:

(a)
The person has been convicted of or has pleaded guilty to a felony,
or to a misdemeanor that is an offense of violence, arising out of
criminal conduct that was a proximate cause of the injury or loss for
which relief is claimed in the tort action.

(b)
The person engaged in conduct that, if prosecuted, would constitute a
felony, a misdemeanor that is an offense of violence, an attempt to
commit a felony, or an attempt to commit a misdemeanor that is an
offense of violence and that conduct was a proximate cause of the
injury or loss for which relief is claimed in the tort action,
regardless of whether the person has been convicted of or pleaded
guilty to or has been charged with committing the felony, the
misdemeanor, or the attempt to commit the felony or misdemeanor.

(c)
The person suffered the injury or loss for which relief is claimed in
the tort action as a proximate result of the victim of conduct that,
if prosecuted, would constitute a felony, a misdemeanor that is an
offense of violence, an attempt to commit a felony, or an attempt to
commit a misdemeanor that is an offense of violence acting against
the person in self-defense, defense of another, or defense of the
victim's residence, regardless of whether the person has been
convicted of or pleaded guilty to or has been charged with committing
the felony, the misdemeanor, or the attempt to commit the felony or
misdemeanor. Division (B)(2)(c) of this section does not apply if the
person who suffered the injury or loss, at the time of the victim's
act of self-defense, defense of another, or defense of residence, was
an innocent bystander who had no connection with the underlying
conduct that prompted the victim's exercise of self-defense, defense
of another, or defense of residence.

(3)
Recovery against a victim of conduct that, if prosecuted, would
constitute a felony, a misdemeanor that is an offense of violence, an
attempt to commit a felony, or an attempt to commit a misdemeanor
that is an offense of violence, on a claim for relief in a tort
action is barred to any person or the person's legal representative
if conduct the person engaged in against that victim was a proximate
cause of the injury or loss for which relief is claimed in the tort
action and that conduct, if prosecuted, would constitute a felony, a
misdemeanor that is an offense of violence, an attempt to commit a
felony, or an attempt to commit a misdemeanor that is an offense of
violence, regardless of whether the person has been convicted of or
pleaded guilty to or has been charged with committing the felony, the
misdemeanor, or the attempt to commit the felony or misdemeanor.

(4)
Divisions (B)(1) to (3) of this section do not apply to civil claims
based upon alleged intentionally tortious conduct, alleged violations
of the United States Constitution, or alleged violations of statutes
of the United States pertaining to civil rights. For purposes of
division (B)(4) of this section, a person's act of self-defense,
defense of another, or defense of the person's residence does not
constitute intentionally tortious conduct.

Sec.
2317.02.
The
following persons shall not testify in certain respects:

(A)(1)
An attorney, concerning a communication made to the attorney by a
client in that relation or concerning the attorney's advice to a
client, except that the attorney may testify by express consent of
the client or, if the client is deceased, by the express consent of
the surviving spouse or the executor or administrator of the estate
of the deceased client. However, if the client voluntarily reveals
the substance of attorney-client communications in a nonprivileged
context or is deemed by section 2151.421 of the Revised Code to have
waived any testimonial privilege under this division, the attorney
may be compelled to testify on the same subject.

The
testimonial privilege established under this division does not apply
concerning
either
of the following:

(a)
A communication between a client in a capital case, as defined in
section 2901.02 of the Revised Code, and the client's attorney if the
communication is relevant to a subsequent ineffective assistance of
counsel claim by the client alleging that the attorney did not
effectively represent the client in the case;

(b)
A
a

communication
between a client who has since died and the deceased client's
attorney if the communication is relevant to a dispute between
parties who claim through that deceased client, regardless of whether
the claims are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the deceased
client when the deceased client executed a document that is the basis
of the dispute or whether the deceased client was a victim of fraud,
undue influence, or duress when the deceased client executed a
document that is the basis of the dispute.

(2)
An attorney, concerning a communication made to the attorney by a
client in that relationship or the attorney's advice to a client,
except that if the client is an insurance company, the attorney may
be compelled to testify, subject to an in camera inspection by a
court, about communications made by the client to the attorney or by
the attorney to the client that are related to the attorney's aiding
or furthering an ongoing or future commission of bad faith by the
client, if the party seeking disclosure of the communications has
made a prima-facie showing of bad faith, fraud, or criminal
misconduct by the client.

(B)(1)
A physician, advanced practice registered nurse, or dentist
concerning a communication made to the physician, advanced practice
registered nurse, or dentist by a patient in that relation or the
advice of a physician, advanced practice registered nurse, or dentist
given to a patient, except as otherwise provided in this division,
division (B)(2), and division (B)(3) of this section, and except
that, if the patient is deemed by section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the physician or advanced practice registered nurse may be compelled
to testify on the same subject.

The
testimonial privilege established under this division does not apply,
and a physician, advanced practice registered nurse, or dentist may
testify or may be compelled to testify, in any of the following
circumstances:

(a)
In any civil action, in accordance with the discovery provisions of
the Rules of Civil Procedure in connection with a civil action, or in
connection with a claim under Chapter 4123. of the Revised Code,
under any of the following circumstances:

(i)
If the patient or the guardian or other legal representative of the
patient gives express consent;

(ii)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent;

(iii)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.

(b)
In any civil action concerning court-ordered treatment or services
received by a patient, if the court-ordered treatment or services
were ordered as part of a case plan journalized under section
2151.412 of the Revised Code or the court-ordered treatment or
services are necessary or relevant to dependency, neglect, or abuse
or temporary or permanent custody proceedings under Chapter 2151. of
the Revised Code.

(c)
In any criminal action concerning any test or the results of any test
that determines the presence or concentration of alcohol, a drug of
abuse, a combination of them, a controlled substance, or a metabolite
of a controlled substance in the patient's whole blood, blood serum
or plasma, breath, urine, or other bodily substance at any time
relevant to the criminal offense in question.

(d)
In any criminal action against a physician, advanced practice
registered nurse, or dentist. In such an action, the testimonial
privilege established under this division does not prohibit the
admission into evidence, in accordance with the Rules of Evidence, of
a patient's medical or dental records or other communications between
a patient and the physician, advanced practice registered nurse, or
dentist that are related to the action and obtained by subpoena,
search warrant, or other lawful means. A court that permits or
compels a physician, advanced practice registered nurse, or dentist
to testify in such an action or permits the introduction into
evidence of patient records or other communications in such an action
shall require that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in the
records is maintained. Measures to ensure confidentiality that may be
taken by the court include sealing its records or deleting specific
information from its records.

(e)(i)
If the communication was between a patient who has since died and the
deceased patient's physician, advanced practice registered nurse, or
dentist, the communication is relevant to a dispute between parties
who claim through that deceased patient, regardless of whether the
claims are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the deceased
patient when the deceased patient executed a document that is the
basis of the dispute or whether the deceased patient was a victim of
fraud, undue influence, or duress when the deceased patient executed
a document that is the basis of the dispute.

(ii)
If neither the spouse of a patient nor the executor or administrator
of that patient's estate gives consent under division (B)(1)(a)(ii)
of this section, testimony or the disclosure of the patient's medical
records by a physician, advanced practice registered nurse, dentist,
or other health care provider under division (B)(1)(e)(i) of this
section is a permitted use or disclosure of protected health
information, as defined in 45 C.F.R. 160.103, and an authorization or
opportunity to be heard shall not be required.

(iii)
Division (B)(1)(e)(i) of this section does not require a mental
health professional to disclose psychotherapy notes, as defined in 45
C.F.R. 164.501.

(iv)
An interested person who objects to testimony or disclosure under
division (B)(1)(e)(i) of this section may seek a protective order
pursuant to Civil Rule 26.

(v)
A person to whom protected health information is disclosed under
division (B)(1)(e)(i) of this section shall not use or disclose the
protected health information for any purpose other than the
litigation or proceeding for which the information was requested and
shall return the protected health information to the covered entity
or destroy the protected health information, including all copies
made, at the conclusion of the litigation or proceeding.

(2)(a)
If any law enforcement officer submits a written statement to a
health care provider that states that an official criminal
investigation has begun regarding a specified person or that a
criminal action or proceeding has been commenced against a specified
person, that requests the provider to supply to the officer copies of
any records the provider possesses that pertain to any test or the
results of any test administered to the specified person to determine
the presence or concentration of alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of a
controlled substance in the person's whole blood, blood serum or
plasma, breath, or urine at any time relevant to the criminal offense
in question, and that conforms to section 2317.022 of the Revised
Code, the provider, except to the extent specifically prohibited by
any law of this state or of the United States, shall supply to the
officer a copy of any of the requested records the provider
possesses. If the health care provider does not possess any of the
requested records, the provider shall give the officer a written
statement that indicates that the provider does not possess any of
the requested records.

(b)
If a health care provider possesses any records of the type described
in division (B)(2)(a) of this section regarding the person in
question at any time relevant to the criminal offense in question, in
lieu of personally testifying as to the results of the test in
question, the custodian of the records may submit a certified copy of
the records, and, upon its submission, the certified copy is
qualified as authentic evidence and may be admitted as evidence in
accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of
records submitted in accordance with this division. Nothing in this
division shall be construed to limit the right of any party to call
as a witness the person who administered the test to which the
records pertain, the person under whose supervision the test was
administered, the custodian of the records, the person who made the
records, or the person under whose supervision the records were made.

(3)(a)
If the testimonial privilege described in division (B)(1) of this
section does not apply as provided in division (B)(1)(a)(iii) of this
section, a physician, advanced practice registered nurse, or dentist
may be compelled to testify or to submit to discovery under the Rules
of Civil Procedure only as to a communication made to the physician,
advanced practice registered nurse, or dentist by the patient in
question in that relation, or the advice of the physician, advanced
practice registered nurse, or dentist given to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.

(b)
If the testimonial privilege described in division (B)(1) of this
section does not apply to a physician, advanced practice registered
nurse, or dentist as provided in division (B)(1)(c) of this section,
the physician, advanced practice registered nurse, or dentist, in
lieu of personally testifying as to the results of the test in
question, may submit a certified copy of those results, and, upon its
submission, the certified copy is qualified as authentic evidence and
may be admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit the
right of any party to call as a witness the person who administered
the test in question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision the
results were compiled.

(4)
The testimonial privilege described in division (B)(1) of this
section is not waived when a communication is made by a physician or
advanced practice registered nurse to a pharmacist or when there is
communication between a patient and a pharmacist in furtherance of
the physician-patient or advanced practice registered nurse-patient
relation.

(5)(a)
As used in divisions (B)(1) to (4) of this section, "communication"
means acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary to
enable a physician, advanced practice registered nurse, or dentist to
diagnose, treat, prescribe, or act for a patient. A "communication"
may include, but is not limited to, any medical or dental, office, or
hospital communication such as a record, chart, letter, memorandum,
laboratory test and results, x-ray, photograph, financial statement,
diagnosis, or prognosis.

(b)
As used in division (B)(2) of this section, "health care
provider" means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.

(c)
As used in division (B)(5)(b) of this section:

(i)
"Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation therapy
center, emergency facility, and an urgent care center. "Ambulatory
health care facility" does not include the private office of a
physician, advanced practice registered nurse, or dentist, whether
the office is for an individual or group practice.

(ii)
"Emergency facility" means a hospital emergency department
or any other facility that provides emergency medical services.

(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.

(iv)
"Hospital" has the same meaning as in section 3727.01 of
the Revised Code.

(v)
"Long-term care facility" means a nursing home, residential
care facility, or home for the aging, as those terms are defined in
section 3721.01 of the Revised Code; a residential facility licensed
under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults; a nursing facility, as defined in section
5165.01 of the Revised Code; a skilled nursing facility, as defined
in section 5165.01 of the Revised Code; and an intermediate care
facility for individuals with intellectual disabilities, as defined
in section 5124.01 of the Revised Code.

(vi)
"Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.

(d)
As used in divisions (B)(1) and (2) of this section, "drug of
abuse" has the same meaning as in section 4506.01 of the Revised
Code.

(6)
Divisions (B)(1), (2), (3), (4), and (5) of this section apply to
doctors of medicine, doctors of osteopathic medicine, doctors of
podiatry, advanced practice registered nurses, and dentists.

(7)
Nothing in divisions (B)(1) to (6) of this section affects, or shall
be construed as affecting, the immunity from civil liability
conferred by section 307.628 of the Revised Code or the immunity from
civil liability conferred by section 2305.33 of the Revised Code upon
physicians or advanced practice registered nurses who report an
employee's use of a drug of abuse, or a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee in accordance with division (B) of that section. As
used in division (B)(7) of this section, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code and "advanced
practice registered nurse" has the same meaning as in section
4723.01 of the Revised Code.

(C)(1)
A cleric, when the cleric remains accountable to the authority of
that cleric's church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, to the cleric
for a religious counseling purpose in the cleric's professional
character. The cleric may testify by express consent of the person
making the communication, except when the disclosure of the
information is in violation of a sacred trust and except that, if the
person voluntarily testifies or is deemed by division (A)(4)(c) of
section 2151.421 of the Revised Code to have waived any testimonial
privilege under this division, the cleric may be compelled to testify
on the same subject except when disclosure of the information is in
violation of a sacred trust.

(2)
As used in division (C) of this section:

(a)
"Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited, or
licensed minister of an established and legally cognizable church,
denomination, or sect.

(b)
"Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to which
the cleric belongs, including, but not limited to, the Catholic
Church, if both of the following apply:

(i)
The confession or confidential communication was made directly to the
cleric.

(ii)
The confession or confidential communication was made in the manner
and context that places the cleric specifically and strictly under a
level of confidentiality that is considered inviolate by canon law or
church doctrine.

(D)
Husband or wife, concerning any communication made by one to the
other, or an act done by either in the presence of the other, during
coverture, unless the communication was made, or act done, in the
known presence or hearing of a third person competent to be a
witness; and such rule is the same if the marital relation has ceased
to exist;

(E)
A person who assigns a claim or interest, concerning any matter in
respect to which the person would not, if a party, be permitted to
testify;

(F)
A person who, if a party, would be restricted under section 2317.03
of the Revised Code, when the property or thing is sold or
transferred by an executor, administrator, guardian, trustee, heir,
devisee, or legatee, shall be restricted in the same manner in any
action or proceeding concerning the property or thing.

(G)(1)
A school guidance counselor who holds a valid educator license from
the state board of education as provided for in section 3319.22 of
the Revised Code, a person licensed under Chapter 4757. of the
Revised Code as a licensed professional clinical counselor, licensed
professional counselor, social worker, independent social worker,
marriage and family therapist or independent marriage and family
therapist, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication
received from a client in that relation or the person's advice to a
client unless any of the following applies:

(a)
The communication or advice indicates clear and present danger to the
client or other persons. For the purposes of this division, cases in
which there are indications of present or past child abuse or neglect
of the client constitute a clear and present danger.

(b)
The client gives express consent to the testimony.

(c)
If the client is deceased, the surviving spouse or the executor or
administrator of the estate of the deceased client gives express
consent.

(d)
The client voluntarily testifies, in which case the school guidance
counselor or person licensed or registered under Chapter 4757. of the
Revised Code may be compelled to testify on the same subject.

(e)
The court in camera determines that the information communicated by
the client is not germane to the counselor-client, marriage and
family therapist-client, or social worker-client relationship.

(f)
A court, in an action brought against a school, its administration,
or any of its personnel by the client, rules after an in-camera
inspection that the testimony of the school guidance counselor is
relevant to that action.

(g)
The testimony is sought in a civil action and concerns court-ordered
treatment or services received by a patient as part of a case plan
journalized under section 2151.412 of the Revised Code or the
court-ordered treatment or services are necessary or relevant to
dependency, neglect, or abuse or temporary or permanent custody
proceedings under Chapter 2151. of the Revised Code.

(2)
Nothing in division (G)(1) of this section shall relieve a school
guidance counselor or a person licensed or registered under Chapter
4757. of the Revised Code from the requirement to report information
concerning child abuse or neglect under section 2151.421 of the
Revised Code.

(H)
A mediator acting under a mediation order issued under division (A)
of section 3109.052 of the Revised Code or otherwise issued in any
proceeding for divorce, dissolution, legal separation, annulment, or
the allocation of parental rights and responsibilities for the care
of children, in any action or proceeding, other than a criminal,
delinquency, child abuse, child neglect, or dependent child action or
proceeding, that is brought by or against either parent who takes
part in mediation in accordance with the order and that pertains to
the mediation process, to any information discussed or presented in
the mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;

(I)
A communications assistant, acting within the scope of the
communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of the
Revised Code or Title II of the "Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made
through a telecommunications relay service. Nothing in this section
shall limit the obligation of a communications assistant to divulge
information or testify when mandated by federal law or regulation or
pursuant to subpoena in a criminal proceeding.

Nothing
in this section shall limit any immunity or privilege granted under
federal law or regulation.

(J)(1)
A chiropractor in a civil proceeding concerning a communication made
to the chiropractor by a patient in that relation or the
chiropractor's advice to a patient, except as otherwise provided in
this division. The testimonial privilege established under this
division does not apply, and a chiropractor may testify or may be
compelled to testify, in any civil action, in accordance with the
discovery provisions of the Rules of Civil Procedure in connection
with a civil action, or in connection with a claim under Chapter
4123. of the Revised Code, under any of the following circumstances:

(a)
If the patient or the guardian or other legal representative of the
patient gives express consent.

(b)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent.

(c)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.

(2)
If the testimonial privilege described in division (J)(1) of this
section does not apply as provided in division (J)(1)(c) of this
section, a chiropractor may be compelled to testify or to submit to
discovery under the Rules of Civil Procedure only as to a
communication made to the chiropractor by the patient in question in
that relation, or the chiropractor's advice to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.

(3)
The testimonial privilege established under this division does not
apply, and a chiropractor may testify or be compelled to testify, in
any criminal action or administrative proceeding.

(4)
As used in this division, "communication" means acquiring,
recording, or transmitting any information, in any manner, concerning
any facts, opinions, or statements necessary to enable a chiropractor
to diagnose, treat, or act for a patient. A communication may
include, but is not limited to, any chiropractic, office, or hospital
communication such as a record, chart, letter, memorandum, laboratory
test and results, x-ray, photograph, financial statement, diagnosis,
or prognosis.

(K)(1)
Except as provided under division (K)(2) of this section, a critical
incident stress management team member concerning a communication
received from an individual who receives crisis response services
from the team member, or the team member's advice to the individual,
during a debriefing session.

(2)
The testimonial privilege established under division (K)(1) of this
section does not apply if any of the following are true:

(a)
The communication or advice indicates clear and present danger to the
individual who receives crisis response services or to other persons.
For purposes of this division, cases in which there are indications
of present or past child abuse or neglect of the individual
constitute a clear and present danger.

(b)
The individual who received crisis response services gives express
consent to the testimony.

(c)
If the individual who received crisis response services is deceased,
the surviving spouse or the executor or administrator of the estate
of the deceased individual gives express consent.

(d)
The individual who received crisis response services voluntarily
testifies, in which case the team member may be compelled to testify
on the same subject.

(e)
The court in camera determines that the information communicated by
the individual who received crisis response services is not germane
to the relationship between the individual and the team member.

(f)
The communication or advice pertains or is related to any criminal
act.

(3)
As used in division (K) of this section:

(a)
"Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to individuals
affected by crisis or disaster.

(b)
"Critical incident stress management team member" or "team
member" means an individual specially trained to provide crisis
response services as a member of an organized community or local
crisis response team that holds membership in the Ohio critical
incident stress management network.

(c)
"Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.

(L)(1)
Subject to division (L)(2) of this section and except as provided in
division (L)(3) of this section, an employee assistance professional,
concerning a communication made to the employee assistance
professional by a client in the employee assistance professional's
official capacity as an employee assistance professional.

(2)
Division (L)(1) of this section applies to an employee assistance
professional who meets either or both of the following requirements:

(a)
Is certified by the employee assistance certification commission to
engage in the employee assistance profession;

(b)
Has education, training, and experience in all of the following:

(i)
Providing workplace-based services designed to address employer and
employee productivity issues;

(ii)
Providing assistance to employees and employees' dependents in
identifying and finding the means to resolve personal problems that
affect the employees or the employees' performance;

(iii)
Identifying and resolving productivity problems associated with an
employee's concerns about any of the following matters: health,
marriage, family, finances, substance abuse or other addiction,
workplace, law, and emotional issues;

(iv)
Selecting and evaluating available community resources;

(v)
Making appropriate referrals;

(vi)
Local and national employee assistance agreements;

(vii)
Client confidentiality.

(3)
Division (L)(1) of this section does not apply to any of the
following:

(a)
A criminal action or proceeding involving an offense under sections
2903.01 to 2903.06 of the Revised Code if the employee assistance
professional's disclosure or testimony relates directly to the facts
or immediate circumstances of the offense;

(b)
A communication made by a client to an employee assistance
professional that reveals the contemplation or commission of a crime
or serious, harmful act;

(c)
A communication that is made by a client who is an unemancipated
minor or an adult adjudicated to be incompetent and indicates that
the client was the victim of a crime or abuse;

(d)
A civil proceeding to determine an individual's mental competency or
a criminal action in which a plea of not guilty by reason of insanity
is entered;

(e)
A civil or criminal malpractice action brought against the employee
assistance professional;

(f)
When the employee assistance professional has the express consent of
the client or, if the client is deceased or disabled, the client's
legal representative;

(g)
When the testimonial privilege otherwise provided by division (L)(1)
of this section is abrogated under law.

Sec.
2701.07.
When,
in the opinion of the court, the business thereof so requires, each
court of common pleas, court of appeals, and, in counties having at
the last or any future federal census more than seventy thousand
inhabitants, the probate court, may appoint one or more constables to
preserve order, attend the assignment of cases in counties where more
than two judges of the court of common pleas regularly hold court at
the same time, and discharge such other duties as the court requires.
When so directed by the court, each constable has the same powers as
sheriffs to call and impanel jurors
,
except in capital cases
.

Sec.
2743.51.
As
used in sections 2743.51 to 2743.72 of the Revised Code:

(A)
"Claimant" means both of the following categories of
persons:

(1)
Any of the following persons who claim an award of reparations under
sections 2743.51 to 2743.72 of the Revised Code:

(a)
A victim who was one of the following at the time of the criminally
injurious conduct:

(i)
A resident of the United States;

(ii)
A resident of a foreign country the laws of which permit residents of
this state to recover compensation as victims of offenses committed
in that country.

(b)
A dependent of a deceased victim who is described in division
(A)(1)(a) of this section;

(c)
A third person, other than a collateral source, who legally assumes
or voluntarily pays the obligations of a victim, or of a dependent of
a victim, who is described in division (A)(1)(a) of this section,
which obligations are incurred as a result of the criminally
injurious conduct that is the subject of the claim and may include,
but are not limited to, medical or burial expenses;

(d)
A person who is authorized to act on behalf of any person who is
described in division (A)(1)(a), (b), or (c) of this section;

(e)
The estate of a deceased victim who is described in division
(A)(1)(a) of this section.

(2)
Any of the following persons who claim an award of reparations under
sections 2743.51 to 2743.72 of the Revised Code:

(a)
A victim who had a permanent place of residence within this state at
the time of the criminally injurious conduct and who, at the time of
the criminally injurious conduct, complied with any one of the
following:

(i)
Had a permanent place of employment in this state;

(ii)
Was a member of the regular armed forces of the United States or of
the United States coast guard or was a full-time member of the Ohio
organized militia or of the United States army reserve, naval
reserve, or air force reserve;

(iii)
Was retired and receiving social security or any other retirement
income;

(iv)
Was sixty years of age or older;

(v)
Was temporarily in another state for the purpose of receiving medical
treatment;

(vi)
Was temporarily in another state for the purpose of performing
employment-related duties required by an employer located within this
state as an express condition of employment or employee benefits;

(vii)
Was temporarily in another state for the purpose of receiving
occupational, vocational, or other job-related training or
instruction required by an employer located within this state as an
express condition of employment or employee benefits;

(viii)
Was a full-time student at an academic institution, college, or
university located in another state;

(ix)
Had not departed the geographical boundaries of this state for a
period exceeding thirty days or with the intention of becoming a
citizen of another state or establishing a permanent place of
residence in another state.

(b)
A dependent of a deceased victim who is described in division
(A)(2)(a) of this section;

(c)
A third person, other than a collateral source, who legally assumes
or voluntarily pays the obligations of a victim, or of a dependent of
a victim, who is described in division (A)(2)(a) of this section,
which obligations are incurred as a result of the criminally
injurious conduct that is the subject of the claim and may include,
but are not limited to, medical or burial expenses;

(d)
A person who is authorized to act on behalf of any person who is
described in division (A)(2)(a), (b), or (c) of this section;

(e)
The estate of a deceased victim who is described in division
(A)(2)(a) of this section.

(B)
"Collateral source" means a source of benefits or
advantages for economic loss otherwise reparable that the victim or
claimant has received, or that is readily available to the victim or
claimant, from any of the following sources:

(1)
The offender;

(2)
The government of the United States or any of its agencies, a state
or any of its political subdivisions, or an instrumentality of two or
more states, unless the law providing for the benefits or advantages
makes them excess or secondary to benefits under sections 2743.51 to
2743.72 of the Revised Code;

(3)
Social security, medicare, and medicaid;

(4)
State-required, temporary, nonoccupational disability insurance;

(5)
Workers' compensation;

(6)
Wage continuation programs of any employer;

(7)
Proceeds of a contract of insurance payable to the victim for loss
that the victim sustained because of the criminally injurious
conduct;

(8)
A contract providing prepaid hospital and other health care services,
or benefits for disability;

(9)
That portion of the proceeds of all contracts of insurance payable to
the claimant on account of the death of the victim that exceeds fifty
thousand dollars;

(10)
Any compensation recovered or recoverable under the laws of another
state, district, territory, or foreign country because the victim was
the victim of an offense committed in that state, district,
territory, or country.

"Collateral
source" does not include any money, or the monetary value of any
property, that is subject to sections 2969.01 to 2969.06 of the
Revised Code or that is received as a benefit from the Ohio public
safety officers death benefit fund created by section 742.62 of the
Revised Code.

(C)
"Criminally injurious conduct" means one of the following:

(1)
For the purposes of any person described in division (A)(1) of this
section, any conduct that occurs or is attempted in this state; poses
a substantial threat of personal injury or death; and is punishable
by fine
,

or

imprisonment,
or
death,
or
would be so punishable but for the fact that the person engaging in
the conduct lacked capacity to commit the crime under the laws of
this state. Criminally injurious conduct does not include conduct
arising out of the ownership, maintenance, or use of a motor vehicle,
except when any of the following applies:

(a)
The person engaging in the conduct intended to cause personal injury
or death;

(b)
The person engaging in the conduct was using the vehicle to flee
immediately after committing a felony or an act that would constitute
a felony but for the fact that the person engaging in the conduct
lacked the capacity to commit the felony under the laws of this
state;

(c)
The person engaging in the conduct was using the vehicle in a manner
that constitutes an OVI violation;

(d)
The conduct occurred on or after July 25, 1990, and the person
engaging in the conduct was using the vehicle in a manner that
constitutes a violation of section 2903.08 of the Revised Code;

(e)
The person engaging in the conduct acted in a manner that caused
serious physical harm to a person and that constituted a violation of
section 4549.02 or 4549.021 of the Revised Code.

(2)
For the purposes of any person described in division (A)(2) of this
section, any conduct that occurs or is attempted in another state,
district, territory, or foreign country; poses a substantial threat
of personal injury or death; and is punishable by fine, imprisonment,
or death, or would be so punishable but for the fact that the person
engaging in the conduct lacked capacity to commit the crime under the
laws of the state, district, territory, or foreign country in which
the conduct occurred or was attempted. Criminally injurious conduct
does not include conduct arising out of the ownership, maintenance,
or use of a motor vehicle, except when any of the following applies:

(a)
The person engaging in the conduct intended to cause personal injury
or death;

(b)
The person engaging in the conduct was using the vehicle to flee
immediately after committing a felony or an act that would constitute
a felony but for the fact that the person engaging in the conduct
lacked the capacity to commit the felony under the laws of the state,
district, territory, or foreign country in which the conduct occurred
or was attempted;

(c)
The person engaging in the conduct was using the vehicle in a manner
that constitutes an OVI violation;

(d)
The conduct occurred on or after July 25, 1990, the person engaging
in the conduct was using the vehicle in a manner that constitutes a
violation of any law of the state, district, territory, or foreign
country in which the conduct occurred, and that law is substantially
similar to a violation of section 2903.08 of the Revised Code;

(e)
The person engaging in the conduct acted in a manner that caused
serious physical harm to a person and that constituted a violation of
any law of the state, district, territory, or foreign country in
which the conduct occurred, and that law is substantially similar to
section 4549.02 or 4549.021 of the Revised Code.

(3)
For the purposes of any person described in division (A)(1) or (2) of
this section, terrorism that occurs within or outside the territorial
jurisdiction of the United States.

(D)
"Dependent" means an individual wholly or partially
dependent upon the victim for care and support, and includes a child
of the victim born after the victim's death.

(E)
"Economic loss" means economic detriment consisting only of
allowable expense, work loss, funeral expense, unemployment benefits
loss, replacement services loss, cost of crime scene cleanup, and
cost of evidence replacement. If criminally injurious conduct causes
death, economic loss includes a dependent's economic loss and a
dependent's replacement services loss. Noneconomic detriment is not
economic loss; however, economic loss may be caused by pain and
suffering or physical impairment.

(F)(1)
For a victim described in division (L)(1) of this section, "allowable
expense" means reasonable charges incurred for reasonably needed
products, services, and accommodations, including those for medical
care, rehabilitation, rehabilitative occupational training, and other
remedial treatment and care and including replacement costs for
hearing aids; dentures, retainers, and other dental appliances;
canes, walkers, and other mobility tools; and eyeglasses and other
corrective lenses. It does not include that portion of a charge for a
room in a hospital, clinic, convalescent home, nursing home, or any
other institution engaged in providing nursing care and related
services in excess of a reasonable and customary charge for
semiprivate accommodations, unless accommodations other than
semiprivate accommodations are medically required.

(2)
For a victim described in division (L)(2) of this section, "allowable
expense" means reasonable charges incurred for psychiatric care
or counseling reasonably needed as a result of the criminally
injurious conduct. No other type of expense is compensable under
section 2743.51 to 2743.72 of the Revised Code for a victim of that
type.

(3)
For a victim described in division (L)(3) of this section, "allowable
expense" means work loss and reasonable charges incurred for
psychiatric care or counseling reasonably needed as a result of the
criminally injurious conduct. No other type of expense is compensable
under sections 2743.51 to 2743.72 of the Revised Code for a victim of
that type.

(4)
A family member of a victim who died as a proximate result of
criminally injurious conduct may be reimbursed as an allowable
expense through the victim's application for wages lost and travel
expenses incurred in order to attend criminal justice proceedings
arising from the criminally injurious conduct. The cumulative
allowable expense for wages lost and travel expenses incurred by a
family member to attend criminal justice proceedings shall not exceed
five hundred dollars for each family member of the victim and two
thousand dollars in the aggregate for all family members of the
victim.

(5)
For a victim described in division (L)(1) of this section, "allowable
expense" includes both of the following:

(a)
Reasonable expenses and fees necessary to obtain a guardian's bond
pursuant to section 2109.04 of the Revised Code when the bond is
required to pay an award to a fiduciary on behalf of a minor or other
incompetent;

(b)
Attorney's fees not exceeding one thousand dollars, at a rate not
exceeding one hundred dollars per hour, incurred to successfully
obtain a restraining order, custody order, or other order to
physically separate a victim from an offender. Attorney's fees for
the services described in this division may include an amount for
reasonable travel time incurred to attend court hearings, not
exceeding three hours' round-trip for each court hearing, assessed at
a rate not exceeding thirty dollars per hour.

(G)
"Work loss" means loss of income from work that the injured
person would have performed if the person had not been injured and
expenses reasonably incurred by the person to obtain services in lieu
of those the person would have performed for income, reduced by any
income from substitute work actually performed by the person, or by
income the person would have earned in available appropriate
substitute work that the person was capable of performing but
unreasonably failed to undertake.

(H)
"Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of
those the injured person would have performed, not for income, but
for the benefit of the person's self or family, if the person had not
been injured.

(I)
"Dependent's economic loss" means loss after a victim's
death of contributions of things of economic value to the victim's
dependents, not including services they would have received from the
victim if the victim had not suffered the fatal injury, less expenses
of the dependents avoided by reason of the victim's death. If a minor
child of a victim is adopted after the victim's death, the minor
child continues after the adoption to incur a dependent's economic
loss as a result of the victim's death. If the surviving spouse of a
victim remarries, the surviving spouse continues after the remarriage
to incur a dependent's economic loss as a result of the victim's
death.

(J)
"Dependent's replacement services loss" means loss
reasonably incurred by dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim would
have performed for their benefit if the victim had not suffered the
fatal injury, less expenses of the dependents avoided by reason of
the victim's death and not subtracted in calculating the dependent's
economic loss. If a minor child of a victim is adopted after the
victim's death, the minor child continues after the adoption to incur
a dependent's replacement services loss as a result of the victim's
death. If the surviving spouse of a victim remarries, the surviving
spouse continues after the remarriage to incur a dependent's
replacement services loss as a result of the victim's death.

(K)
"Noneconomic detriment" means pain, suffering,
inconvenience, physical impairment, or other nonpecuniary damage.

(L)
"Victim" means one of the following:

(1)
A person who suffers personal injury or death as a result of any of
the following:

(a)
Criminally injurious conduct;

(b)
The good faith effort of any person to prevent criminally injurious
conduct;

(c)
The good faith effort of any person to apprehend a person suspected
of engaging in criminally injurious conduct.

(2)
A person who is an immediate family member of a victim of criminally
injurious conduct that consists of a homicide, a sexual assault,
domestic violence, or a severe and permanently incapacitating injury
resulting in paraplegia or a similar life-altering condition, who
requires psychiatric care or counseling as a result of the criminally
injurious conduct;

(3)
A person who suffers trauma so severe that it impedes or prohibits a
person from participating in normal daily activities and who is
either of the following:

(a)
A family member of a victim of criminally injurious conduct that
consists of a homicide, or a family member of a victim who, as a
result of criminally injurious conduct, has sustained a severe and
permanently incapacitating injury resulting in paraplegia or a
similar life-altering condition, and who can demonstrate either of
the following by a preponderance of the evidence:

(i)
The person witnessed the criminally injurious conduct.

(ii)
The person arrived at the crime scene in its immediate aftermath.

(b)
An immediate family member who is a caretaker of a dependent victim
of criminally injurious conduct that consists of a sexual assault.

(M)
"Contributory misconduct" means any conduct of the claimant
or of the victim through whom the claimant claims an award of
reparations that is unlawful or intentionally tortious and to which
all of the following apply:

(1)
The conduct occurred at the time of the criminally injurious conduct
that is the basis of the claim.

(2)
The conduct itself caused or posed a substantial and imminent threat
of causing serious physical harm or death to another.

(3)
The conduct instigated or proximately caused the criminally injurious
conduct that is the basis of the claim.

(N)(1)
"Funeral expense" means any reasonable charges that are not
in excess of seven thousand five hundred dollars per funeral and that
are incurred for expenses directly related to a victim's funeral,
cremation, or burial and any wages lost or travel expenses incurred
by a family member of a victim in order to attend the victim's
funeral, cremation, or burial.

(2)
An award for funeral expenses shall be applied first to expenses
directly related to the victim's funeral, cremation, or burial. An
award for wages lost or travel expenses incurred by a family member
of the victim shall not exceed five hundred dollars for each family
member and shall not exceed in the aggregate the difference between
seven thousand five hundred dollars and expenses that are reimbursed
by the program and that are directly related to the victim's funeral,
cremation, or burial.

(O)
"Unemployment benefits loss" means a loss of unemployment
benefits pursuant to Chapter 4141. of the Revised Code when the loss
arises solely from the inability of a victim to meet the able to
work, available for suitable work, or the actively seeking suitable
work requirements of division (A)(4)(a) of section 4141.29 of the
Revised Code.

(P)
"OVI violation" means any of the following:

(1)
A violation of section 4511.19 of the Revised Code, of any municipal
ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or a combination of them, or
of any municipal ordinance prohibiting the operation of a vehicle
with a prohibited concentration of alcohol, a controlled substance,
or a metabolite of a controlled substance in the whole blood, blood
serum or plasma, breath, or urine;

(2)
A violation of division (A)(1) of section 2903.06 of the Revised
Code;

(3)
A violation of division (A)(2), (3), or (4) of section 2903.06 of the
Revised Code or of a municipal ordinance substantially similar to any
of those divisions, if the offender was under the influence of
alcohol, a drug of abuse, or a combination of them, at the time of
the commission of the offense;

(4)
For purposes of any person described in division (A)(2) of this
section, a violation of any law of the state, district, territory, or
foreign country in which the criminally injurious conduct occurred,
if that law is substantially similar to a violation described in
division (P)(1) or (2) of this section or if that law is
substantially similar to a violation described in division (P)(3) of
this section and the offender was under the influence of alcohol, a
drug of abuse, or a combination of them, at the time of the
commission of the offense.

(Q)
"Pendency of the claim" for an original reparations
application or supplemental reparations application means the period
of time from the date the criminally injurious conduct upon which the
application is based occurred until the date a final decision, order,
or judgment concerning that original reparations application or
supplemental reparations application is issued.

(R)
"Terrorism" means any activity to which all of the
following apply:

(1)
The activity involves a violent act or an act that is dangerous to
human life.

(2)
The act described in division (R)(1) of this section is committed
within the territorial jurisdiction of the United States and is a
violation of the criminal laws of the United States, this state, or
any other state or the act described in division (R)(1) of this
section is committed outside the territorial jurisdiction of the
United States and would be a violation of the criminal laws of the
United States, this state, or any other state if committed within the
territorial jurisdiction of the United States.

(3)
The activity appears to be intended to do any of the following:

(a)
Intimidate or coerce a civilian population;

(b)
Influence the policy of any government by intimidation or coercion;

(c)
Affect the conduct of any government by assassination or kidnapping.

(4)
The activity occurs primarily outside the territorial jurisdiction of
the United States or transcends the national boundaries of the United
States in terms of the means by which the activity is accomplished,
the person or persons that the activity appears intended to
intimidate or coerce, or the area or locale in which the perpetrator
or perpetrators of the activity operate or seek asylum.

(S)
"Transcends the national boundaries of the United States"
means occurring outside the territorial jurisdiction of the United
States in addition to occurring within the territorial jurisdiction
of the United States.

(T)
"Cost of crime scene cleanup" means any of the following:

(1)
The replacement cost for items of clothing removed from a victim in
order to make an assessment of possible physical harm or to treat
physical harm;

(2)
Reasonable and necessary costs of cleaning the scene and repairing,
for the purpose of personal security, property damaged at the scene
where the criminally injurious conduct occurred, not to exceed seven
hundred fifty dollars in the aggregate per claim.

(U)
"Cost of evidence replacement" means costs for replacement
of property confiscated for evidentiary purposes related to the
criminally injurious conduct, not to exceed seven hundred fifty
dollars in the aggregate per claim.

(V)
"Provider" means any person who provides a victim or
claimant with a product, service, or accommodations that are an
allowable expense or a funeral expense.

(W)
"Immediate family member" means an individual who resided
in the same permanent household as a victim at the time of the
criminally injurious conduct and who is related to the victim by
affinity or consanguinity.

(X)
"Family member" means an individual who is related to a
victim by affinity or consanguinity.

Sec.
2901.02.
As
used in the Revised Code:

(A)
Offenses include aggravated murder, murder, felonies of the first,
second, third, fourth, and fifth degree, misdemeanors of the first,
second, third, and fourth degree, minor misdemeanors, and offenses
not specifically classified.

(B)

Aggravated
murder when the indictment or the count in the indictment charging
aggravated murder contains one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of Revised
Code, and any other offense for which death may be imposed as a
penalty, is a capital offense.

(C)

Aggravated
murder and murder are felonies.

(D)

(C)

Regardless
of the penalty that may be imposed, any offense specifically
classified as a felony is a felony, and any offense specifically
classified as a misdemeanor is a misdemeanor.

(E)

(D)

Any
offense not specifically classified is a felony if imprisonment for
more than one year may be imposed as a penalty.

(F)

(E)

Any
offense not specifically classified is a misdemeanor if imprisonment
for not more than one year may be imposed as a penalty.

(G)

(F)

Any
offense not specifically classified is a minor misdemeanor if the
only penalty that may be imposed is one of the following:

(1)
For an offense committed prior to January 1, 2004, a fine not
exceeding one hundred dollars;

(2)
For an offense committed on or after January 1, 2004, a fine not
exceeding one hundred fifty dollars, community service under division
(D) of section 2929.27 of the Revised Code, or a financial sanction
other than a fine under section 2929.28 of the Revised Code.

Sec.
2909.24.
(A)
No person shall commit a specified offense with purpose to do any of
the following:

(1)
Intimidate or coerce a civilian population;

(2)
Influence the policy of any government by intimidation or coercion;

(3)
Affect the conduct of any government by the specified offense.

(B)(1)
Whoever violates this section is guilty of terrorism.

(2)
Except as otherwise provided in divisions (B)(3) and (4) of this
section, terrorism is an offense one degree higher than the most
serious underlying specified offense the defendant committed.

(3)
Except as provided in division (B)(6) of this section, if the most
serious underlying specified offense the defendant committed is a
felony of the first degree or murder, the person shall be sentenced
to life imprisonment without parole.

(4)
Except as provided in division (B)(6) of this section, if the most
serious underlying specified offense the defendant committed is
aggravated murder, the offender shall be sentenced to life
imprisonment without parole

or death pursuant to sections 2929.02 to 2929.06 of the Revised Code
.

(5)
Section 2909.25 of the Revised Code applies regarding an offender who
is convicted of or pleads guilty to a violation of this section.

(6)
If a person commits a violation of this section, if the most serious
underlying specified offense the offender committed is aggravated
murder, murder, or a felony of the first degree, and if the offender
was under eighteen years of age at the time of the violation, the
offender shall not be sentenced to life imprisonment without parole,
but instead the offender shall be sentenced to an indefinite prison
term of thirty years to life.

Sec.
2929.02.
(A)

Whoever

Except
as provided in division (C) of this section, whoever
is
convicted of or pleads guilty to aggravated murder in violation of
section 2903.01 of the Revised Code shall
suffer
death or
be

imprisoned
for life, as determined pursuant to sections 2929.022, 2929.03, and
2929.04 of the Revised Code
sentenced
to life imprisonment with parole eligibility after serving twenty
full years of imprisonment, life imprisonment with parole eligibility
after serving thirty full years of imprisonment, or life imprisonment
without parole
,
except that no person who is not found to have been eighteen years of
age or older at the time of the commission of the offense shall be
imprisoned for life without parole
,
and that no person who raises the matter of age pursuant to section
2929.023 of the Revised Code and who is not found to have been
eighteen years of age or older at the time of the commission of the
offense and no person who raises the matter of the person's serious
mental illness at the time of the alleged commission of the offense
pursuant to section 2929.025 of the Revised Code and is found under
that section to be ineligible for a sentence of death due to serious
mental illness shall suffer death. In addition, the offender may be
fined an amount fixed by the court, but not more than twenty-five
thousand dollars
.

(B)(1)

(B)

Except
as otherwise provided in division
(B)(2)
or (3)
(C)

of
this section, whoever is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code shall be imprisoned
for an indefinite term of fifteen years to life.

(2)
(C)(1)

Except as otherwise provided in division
(B)(3)

(C)(2)

of
this section, if a person is convicted of or pleads guilty to

aggravated
murder in violation of section 2903.01 of the Revised Code or to

murder
in violation of section 2903.02 of the Revised Code, the victim of
the offense was less than thirteen years of age, and 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, the court shall
impose an indefinite prison term of thirty years to life pursuant to
division (B)(3) of section 2971.03 of the Revised Code.

(3)
(2)

Except as otherwise provided in this division, if a person is
convicted of or pleads guilty to
aggravated
murder in violation of section 2903.01 of the Revised Code or to

murder
in violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a sexually violent predator specification that were included in
the indictment, count in the indictment, or information that charged
the murder, the court shall impose upon the offender a term of life
imprisonment without parole that shall be served pursuant to section
2971.03 of the Revised Code. If the offender was under eighteen years
of age at the time of the offense, the court shall impose an
indefinite prison term of thirty years to life.

(4)
(D)

In addition

to the prison term imposed under this section
,
the offender may be fined an amount fixed by the court, but not more
than
twenty-five
thousand dollars for aggravated murder or
fifteen
thousand dollars

for murder
.

(C)
(E)

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 an
aggravated murder or murder 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.

(D)
(F)

The court shall not impose a fine or fines for aggravated murder or
murder
which
that
,
in the aggregate and to the extent not suspended by the court,
exceeds the amount
which

that

the
offender is or will be able to pay by the method and within the time
allowed without undue hardship to the offender or to the dependents
of the offender, or will prevent the offender from making reparation
for the victim's wrongful death.

(E)(1)
(G)(1)

In addition to any other sanctions imposed for a violation of section
2903.01 or 2903.02 of the Revised Code, if the offender used a motor
vehicle as the means to commit the violation, the court shall impose
upon the offender a class two suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(2) of section 4510.02 of the Revised Code.

(2)
As used in division
(E)
(G)

of this section, "motor vehicle" has the same meaning as in
section 4501.01 of the Revised Code.

Sec.
2929.13.
(A)
Except as provided in division (E), (F), or (G) of this section and
unless a specific sanction is required to be imposed or is precluded
from being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or combination
of sanctions on the offender that are provided in sections 2929.14 to
2929.18 of the Revised Code.

If
the offender is eligible to be sentenced to community control
sanctions, the court shall consider the appropriateness of imposing a
financial sanction pursuant to section 2929.18 of the Revised Code or
a sanction of community service pursuant to section 2929.17 of the
Revised Code as the sole sanction for the offense. Except as
otherwise provided in this division, if the court is required to
impose a mandatory prison term for the offense for which sentence is
being imposed, the court also shall impose any financial sanction
pursuant to section 2929.18 of the Revised Code that is required for
the offense and may impose any other financial sanction pursuant to
that section but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.

If
the offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, in addition to the
mandatory term of local incarceration or the mandatory prison term
required for the offense by division (G)(1) or (2) of this section,
the court shall impose upon the offender a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code and may impose whichever of the following is applicable:

(1)
For a fourth degree felony OVI offense for which sentence is imposed
under division (G)(1) of this section, an additional community
control sanction or combination of community control sanctions under
section 2929.16 or 2929.17 of the Revised Code. If the court imposes
upon the offender a community control sanction and the offender
violates any condition of the community control sanction, the court
may take any action prescribed in division (B) of section 2929.15 of
the Revised Code relative to the offender, including imposing a
prison term on the offender pursuant to that division.

(2)
For a third or fourth degree felony OVI offense for which sentence is
imposed under division (G)(2) of this section, an additional prison
term as described in division (B)(4) of section 2929.14 of the
Revised Code or a community control sanction as described in division
(G)(2) of this section.

(B)(1)(a)
Except as provided in division (B)(1)(b) of this section, if an
offender is convicted of or pleads guilty to a felony of the fourth
or fifth degree that is not an offense of violence or that is a
qualifying assault offense, the court shall sentence the offender to
a community control sanction or combination of community control
sanctions if all of the following apply:

(i)
The offender previously has not been convicted of or pleaded guilty
to a felony offense.

(ii)
The most serious charge against the offender at the time of
sentencing is a felony of the fourth or fifth degree.

(iii)
The offender previously has not been convicted of or pleaded guilty
to a misdemeanor offense of violence that the offender committed
within two years prior to the offense for which sentence is being
imposed.

(b)
The court has discretion to impose a prison term upon an offender who
is convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence or that is a qualifying
assault offense if any of the following apply:

(i)
The offender committed the offense while having a firearm on or about
the offender's person or under the offender's control.

(ii)
If the offense is a qualifying assault offense, the offender caused
serious physical harm to another person while committing the offense,
and, if the offense is not a qualifying assault offense, the offender
caused physical harm to another person while committing the offense.

(iii)
The offender violated a term of the conditions of bond as set by the
court.

(iv)
The offense is a sex offense that is a fourth or fifth degree felony
violation of any provision of Chapter 2907. of the Revised Code.

(v)
In committing the offense, the offender attempted to cause or made an
actual threat of physical harm to a person with a deadly weapon.

(vi)
In committing the offense, the offender attempted to cause or made an
actual threat of physical harm to a person, and the offender
previously was convicted of an offense that caused physical harm to a
person.

(vii)
The offender held a public office or position of trust, and the
offense related to that office or position; the offender's position
obliged the offender to prevent the offense or to bring those
committing it to justice; or the offender's professional reputation
or position facilitated the offense or was likely to influence the
future conduct of others.

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

(ix)
The offender at the time of the offense was serving, or the offender
previously had served, a prison term.

(x)
The offender committed the offense while under a community control
sanction, while on probation, or while released from custody on a
bond or personal recognizance.

(c)
A sentencing court may impose an additional penalty under division
(B) of section 2929.15 of the Revised Code upon an offender sentenced
to a community control sanction under division (B)(1)(a) of this
section if the offender violates the conditions of the community
control sanction, violates a law, or leaves the state without the
permission of the court or the offender's probation officer.

(2)
If division (B)(1) of this section does not apply, except as provided
in division (E), (F), or (G) of this section, in determining whether
to impose a prison term as a sanction for a felony of the fourth or
fifth degree, the sentencing court shall comply with the purposes and
principles of sentencing under section 2929.11 of the Revised Code
and with section 2929.12 of the Revised Code.

(C)
Except as provided in division (D), (E), (F), or (G) of this section,
in determining whether to impose a prison term as a sanction for a
felony of the third degree or a felony drug offense that is a
violation of a provision of Chapter 2925. of the Revised Code and
that is specified as being subject to this division for purposes of
sentencing, the sentencing court shall comply with the purposes and
principles of sentencing under section 2929.11 of the Revised Code
and with section 2929.12 of the Revised Code.

(D)(1)
Except as provided in division (E) or (F) of this section, for a
felony of the first or second degree, for a felony drug offense that
is a violation of any provision of Chapter 2925., 3719., or 4729. of
the Revised Code for which a presumption in favor of a prison term is
specified as being applicable, and for a violation of division (A)(4)
or (B) of section 2907.05 of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, it is
presumed that a prison term is necessary in order to comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.

(2)
Notwithstanding the presumption established under division (D)(1) of
this section for the offenses listed in that division other than a
violation of division (A)(4) or (B) of section 2907.05 of the Revised
Code, the sentencing court may impose a community control sanction or
a combination of community control sanctions instead of a prison term
on an offender for a felony of the first or second degree or for a
felony drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption in
favor of a prison term is specified as being applicable if it makes
both of the following findings:

(a)
A community control sanction or a combination of community control
sanctions would adequately punish the offender and protect the public
from future crime, because the applicable factors under section
2929.12 of the Revised Code indicating a lesser likelihood of
recidivism outweigh the applicable factors under that section
indicating a greater likelihood of recidivism.

(b)
A community control sanction or a combination of community control
sanctions would not demean the seriousness of the offense, because
one or more factors under section 2929.12 of the Revised Code that
indicate that the offender's conduct was less serious than conduct
normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more serious than conduct normally
constituting the offense.

(E)(1)
Except as provided in division (F) of this section, for any drug
offense that is a violation of any provision of Chapter 2925. of the
Revised Code and that is a felony of the third, fourth, or fifth
degree, the applicability of a presumption under division (D) of this
section in favor of a prison term or of division (B) or (C) of this
section in determining whether to impose a prison term for the
offense shall be determined as specified in section 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or 2925.37 of the Revised Code, whichever is applicable
regarding the violation.

(2)
If an offender who was convicted of or pleaded guilty to a felony
violates the conditions of a community control sanction imposed for
the offense solely by reason of producing positive results on a drug
test, the court, as punishment for the violation of the sanction,
shall not order that the offender be imprisoned unless the court
determines on the record either of the following:

(a)
The offender had been ordered as a sanction for the felony to
participate in a drug treatment program, in a drug education program,
or in narcotics anonymous or a similar program, and the offender
continued to use illegal drugs after a reasonable period of
participation in the program.

(b)
The imprisonment of the offender for the violation is consistent with
the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code.

(3)
A court that sentences an offender for a drug abuse offense that is a
felony of the third, fourth, or fifth degree may require that the
offender be assessed by a properly credentialed professional within a
specified period of time. The court shall require the professional to
file a written assessment of the offender with the court. If the
offender is eligible for a community control sanction and after
considering the written assessment, the court may impose a community
control sanction that includes addiction services and recovery
supports included in a community-based continuum of care established
under section 340.032 of the Revised Code. If the court imposes
addiction services and recovery supports as a community control
sanction, the court shall direct the level and type of addiction
services and recovery supports after considering the assessment and
recommendation of community addiction services providers.

(F)
Notwithstanding divisions (A) to (E) of this section, the court shall
impose a prison term or terms under
sections

section

2929.02

to 2929.06
,

section

2929.14,

section

2929.142,
or
section

2971.03
of the Revised Code and except as specifically provided in section
2929.20, or section 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised Code
shall not reduce the term or terms 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 for
any of the following offenses:

(1)
Aggravated murder
when
death is not imposed
or
murder;

(2)
Any rape, regardless of whether force was involved and regardless of
the age of the victim, or an attempt to commit rape if, had the
offender completed the rape that was attempted, the offender would
have been guilty of a violation of division (A)(1)(b) of section
2907.02 of the Revised Code and would be sentenced under section
2971.03 of the Revised Code;

(3)
Gross sexual imposition or sexual battery, if the victim is less than
thirteen years of age and if any of the following applies:

(a)
Regarding gross sexual imposition, the offender previously was
convicted of or pleaded guilty to rape, the former offense of
felonious sexual penetration, gross sexual imposition, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age;

(b)
Regarding gross sexual imposition, the offense was committed on or
after August 3, 2006, and evidence other than the testimony of the
victim was admitted in the case corroborating the violation.

(c)
Regarding sexual battery, either of the following applies:

(i)
The offense was committed prior to August 3, 2006, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, or sexual battery, and the
victim of the previous offense was less than thirteen years of age.

(ii)
The offense was committed on or after August 3, 2006.

(4)
A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11,
2903.12, 2903.13, 2905.32, 2907.07, 2921.321, or 2923.132 of the
Revised Code if the section requires the imposition of a prison term;

(5)
A first, second, or third degree felony drug offense for which
section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,
2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 4729.99 of
the Revised Code, whichever is applicable regarding the violation,
requires the imposition of a mandatory prison term;

(6)
Any offense that is a first or second degree felony and that is not
set forth in division (F)(1), (2), (3), or (4) of this section, if
the offender previously was convicted of or pleaded guilty to
aggravated murder, murder, any first or second degree felony, or an
offense under an existing or former law of this state, another state,
or the United States that is or was substantially equivalent to one
of those offenses;

(7)
Any offense that is a third degree felony and either is a violation
of section 2903.04 of the Revised Code or an attempt to commit a
felony of the second degree that is an offense of violence and
involved an attempt to cause serious physical harm to a person or
that resulted in serious physical harm to a person if the offender
previously was convicted of or pleaded guilty to any of the following
offenses:

(a)
Aggravated murder, murder, involuntary manslaughter, rape, felonious
sexual penetration as it existed under section 2907.12 of the Revised
Code prior to September 3, 1996, a felony of the first or second
degree that resulted in the death of a person or in physical harm to
a person, or complicity in or an attempt to commit any of those
offenses;

(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 listed in division (F)(7)(a) of this section that
resulted in the death of a person or in physical harm to a person.

(8)
Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a firearm on or about the
offender's person or under the offender's control while committing
the felony, with respect to a portion of the sentence imposed
pursuant to division (B)(1)(a) of section 2929.14 of the Revised Code
for having the firearm;

(9)
Any offense of violence that is a felony, if the offender wore or
carried body armor while committing the felony offense of violence,
with respect to the portion of the sentence imposed pursuant to
division (B)(1)(d) of section 2929.14 of the Revised Code for wearing
or carrying the body armor;

(10)
Corrupt activity in violation of section 2923.32 of the Revised Code
when the most serious offense in the pattern of corrupt activity that
is the basis of the offense is a felony of the first degree;

(11)
Any violent sex offense or designated homicide, assault, or
kidnapping offense if, in relation to that offense, the offender is
adjudicated a sexually violent predator;

(12)
A violation of division (A)(1) or (2) of section 2921.36 of the
Revised Code, or a violation of division (C) of that section
involving an item listed in division (A)(1) or (2) of that section,
if the offender is an officer or employee of the department of
rehabilitation and correction;

(13)
A violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code if the victim of the offense is a peace officer, as
defined in section 2935.01 of the Revised Code, or an investigator of
the bureau of criminal identification and investigation, as defined
in section 2903.11 of the Revised Code, with respect to the portion
of the sentence imposed pursuant to division (B)(5) of section
2929.14 of the Revised Code;

(14)
A violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code if the offender 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, with respect to the portion of the
sentence imposed pursuant to division (B)(6) of section 2929.14 of
the Revised Code;

(15)
Kidnapping, in the circumstances specified in section 2971.03 of the
Revised Code and when no other provision of division (F) of this
section applies;

(16)
Kidnapping, abduction, compelling prostitution, promoting
prostitution, engaging in a pattern of corrupt activity, a violation
of division (A)(1) or (2) of section 2907.323 of the Revised Code
that involves a minor, or endangering children in violation of
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the
Revised Code, if the offender 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;

(17)
A felony violation of division (A) or (B) of section 2919.25 of the
Revised Code if division (D)(3), (4), or (5) of that section, and
division (D)(6) of that section, require the imposition of a prison
term;

(18)
A felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code, if the victim of the offense was a woman that the
offender knew was pregnant at the time of the violation, with respect
to a portion of the sentence imposed pursuant to division (B)(8) of
section 2929.14 of the Revised Code;

(19)(a)
Any violent felony offense if the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control during the commission of the violent felony
offense and displayed or brandished the firearm, indicated that the
offender possessed a firearm, or used the firearm to facilitate the
offense, with respect to the portion of the sentence imposed under
division (K) of section 2929.14 of the Revised Code.

(b)
As used in division (F)(19)(a) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(20)
Any violation of division (A)(1) of section 2903.11 of the Revised
Code if the offender used an accelerant in committing the violation
and the serious physical harm to another or another's unborn caused
by the violation resulted in a permanent, serious disfigurement or
permanent, substantial incapacity or any violation of division (A)(2)
of that section if the offender used an accelerant in committing the
violation, the violation caused physical harm to another or another's
unborn, and the physical harm resulted in a permanent, serious
disfigurement or permanent, substantial incapacity, with respect to a
portion of the sentence imposed pursuant to division (B)(9) of
section 2929.14 of the Revised Code. The provisions of this division
and of division (D)(2) of section 2903.11, divisions (B)(9) and
(C)(6) of section 2929.14, and section 2941.1425 of the Revised Code
shall be known as "Judy's Law."

(21)
Any violation of division (A) of section 2903.11 of the Revised Code
if the victim of the offense suffered permanent disabling harm as a
result of the offense and the victim was under ten years of age at
the time of the offense, with respect to a portion of the sentence
imposed pursuant to division (B)(10) of section 2929.14 of the
Revised Code.

(22)
A felony violation of section 2925.03, 2925.05, or 2925.11 of the
Revised Code, 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 the offender 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 was included in the indictment, count in the indictment, or
information charging the offense, with respect to the portion of the
sentence imposed under division (B)(11) of section 2929.14 of the
Revised Code.

(G)
Notwithstanding divisions (A) to (E) of this section, if an offender
is being sentenced for a fourth degree felony OVI offense or for a
third degree felony OVI offense, the court shall impose upon the
offender a mandatory term of local incarceration or a mandatory
prison term in accordance with the following:

(1)
If the offender is being sentenced for a fourth degree felony OVI
offense and if the offender has not been convicted of and has not
pleaded guilty to a specification of the type described in section
2941.1413 of the Revised Code, the court may impose upon the offender
a mandatory term of local incarceration of sixty days or one hundred
twenty days as specified in division (G)(1)(d) of section 4511.19 of
the Revised Code. The court shall not reduce the term pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of the Revised Code. The court that
imposes a mandatory term of local incarceration under this division
shall specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory term
of local incarceration imposed under division (G)(1) of this section
is not subject to any other Revised Code provision that pertains to a
prison term except as provided in division (A)(1) of this section.

(2)
If the offender is being sentenced for a third degree felony OVI
offense, or if the offender is being sentenced for a fourth degree
felony OVI offense and the court does not impose a mandatory term of
local incarceration under division (G)(1) of this section, the court
shall impose upon the offender a mandatory prison term of one, two,
three, four, or five years if the offender also is convicted of or
also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or shall impose upon the
offender a mandatory prison term of sixty days or one hundred twenty
days as specified in division (G)(1)(d) or (e) of section 4511.19 of
the Revised Code if the offender has not been convicted of and has
not pleaded guilty to a specification of that type. The court shall
not reduce the term pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of the
Revised Code. The offender shall serve the one-, two-, three-, four-,
or five-year mandatory prison term consecutively to and prior to the
prison term imposed for the underlying offense and consecutively to
any other mandatory prison term imposed in relation to the offense.
In no case shall an offender who once has been sentenced to a
mandatory term of local incarceration pursuant to division (G)(1) of
this section for a fourth degree felony OVI offense be sentenced to
another mandatory term of local incarceration under that division for
any violation of division (A) of section 4511.19 of the Revised Code.
In addition to the mandatory prison term described in division (G)(2)
of this section, the court 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 the prison term prior to serving
the community control sanction. The department of rehabilitation and
correction may place an offender sentenced to a mandatory prison term
under this division in an intensive program prison established
pursuant to section 5120.033 of the Revised Code if the department
gave the sentencing judge prior notice of its intent to place the
offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive program prison pursuant to section 5120.033 of the Revised
Code that is privately operated and managed by a contractor pursuant
to a contract entered into under section 9.06 of the Revised Code,
both of the following apply:

(a)
The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders
sentenced to a mandatory prison term under this division are placed
in the privately operated and managed prison so that the privately
operated and managed prison has full occupancy.

(b)
Unless the privately operated and managed prison has full occupancy,
the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in
any intensive program prison established pursuant to section 5120.033
of the Revised Code other than the privately operated and managed
prison.

(H)
If an offender is being sentenced for a sexually oriented offense or
child-victim oriented offense that is a felony committed on or after
January 1, 1997, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code.

(I)
If an offender is being sentenced for a sexually oriented offense or
a child-victim oriented offense committed on or after January 1,
1997, the judge shall include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code and the duration of the duties. The
judge shall inform the offender, at the time of sentencing, of those
duties and of their duration. If required under division (A)(2) of
section 2950.03 of the Revised Code, the judge shall perform the
duties specified in that section, or, if required under division
(A)(6) of section 2950.03 of the Revised Code, the judge shall
perform the duties specified in that division.

(J)(1)
Except as provided in division (J)(2) of this section, when
considering sentencing factors under this section in relation to an
offender who is convicted of or pleads guilty to an attempt to commit
an offense in violation of section 2923.02 of the Revised Code, the
sentencing court shall consider the factors applicable to the felony
category of the violation of section 2923.02 of the Revised Code
instead of the factors applicable to the felony category of the
offense attempted.

(2)
When considering sentencing factors under this section in relation to
an offender who is convicted of or pleads guilty to an attempt to
commit a drug abuse offense for which the penalty is determined by
the amount or number of unit doses of the controlled substance
involved in the drug abuse offense, the sentencing court shall
consider the factors applicable to the felony category that the drug
abuse offense attempted would be if that drug abuse offense had been
committed and had involved an amount or number of unit doses of the
controlled substance that is within the next lower range of
controlled substance amounts than was involved in the attempt.

(K)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.

(3)
"Minor drug possession offense" has the same meaning as in
section 2925.11 of the Revised Code.

(4)
"Qualifying assault offense" means a violation of section
2903.13 of the Revised Code for which the penalty provision in
division (C)(8)(b) or (C)(9)(b) of that section applies.

(L)
At the time of sentencing an offender for any sexually oriented
offense, if the offender is a tier III sex offender/child-victim
offender relative to that offense and the offender does not serve a
prison term or jail term, the court may require that the offender be
monitored by means of a global positioning device. If the court
requires such monitoring, the cost of monitoring shall be borne by
the offender. If the offender is indigent, the cost of compliance
shall be paid by the crime victims reparations fund.

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, 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
arch

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.

(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)
(C)

of section
2929.06

2929.02

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)
(C)(1)

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

section

2929.02

to 2929.06 of the Revised Code
,

section

2929.142

of the Revised Code
,

section

or

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) 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.
2929.61.
(A)
Persons charged with
an
offense that was formerly
a
capital offense
and
that was
committed
prior to January 1, 1974, shall be prosecuted under the law as it
existed at the time the offense was committed, and, if convicted,
shall be imprisoned for life, except that whenever the statute under
which any such person is prosecuted provides for a lesser penalty
under the circumstances of the particular case, such lesser penalty
shall be imposed.

(B)
Persons charged with an offense, other than
an
offense that was formerly
a
capital offense,
that
was
committed
prior to January 1, 1974, shall be prosecuted under the law as it
existed at the time the offense was committed. Persons convicted or
sentenced on or after January 1, 1974, for an offense committed prior
to January 1, 1974, shall be sentenced according to the penalty for
commission of the substantially equivalent offense under Amended
Substitute House Bill 511 of the 109th General Assembly. If the
offense for which sentence is being imposed does not have a
substantial equivalent under that act, or if that act provides a more
severe penalty than that originally prescribed for the offense of
which the person is convicted, then sentence shall be imposed under
the law as it existed prior to January 1, 1974.

(C)
Persons charged with an offense that is a felony of the third or
fourth degree and that was committed on or after January 1, 1974, and
before July 1, 1983, shall be prosecuted under the law as it existed
at the time the offense was committed. Persons convicted or sentenced
on or after July 1, 1983, for an offense that is a felony of the
third or fourth degree and that was committed on or after January 1,
1974, and before July 1, 1983, shall be notified by the court
sufficiently in advance of sentencing that they may choose to be
sentenced pursuant to either the law in effect at the time of the
commission of the offense or the law in effect at the time of
sentencing. This notice shall be written and shall include the
differences between and possible effects of the alternative sentence
forms and the effect of the person's refusal to choose. The person to
be sentenced shall then inform the court in writing of the person's
choice, and shall be sentenced accordingly. Any person choosing to be
sentenced pursuant to the law in effect at the time of the commission
of an offense that is a felony of the third or fourth degree shall
then be eligible for parole, and this person cannot at a later date
have the person's sentence converted to a definite sentence. If the
person refuses to choose between the two possible sentences, the
person shall be sentenced pursuant to the law in effect at the time
of the commission of the offense.

(D)
Persons charged with an offense that was a felony of the first or
second degree at the time it was committed, that was committed on or
after January 1, 1974, and that was committed prior to July 1, 1983,
shall be prosecuted for that offense and, if convicted, shall be
sentenced under the law as it existed at the time the offense was
committed.

(E)
Persons charged with an offense that is a felony of the first or
second degree that was committed prior to
the
effective date
March
22, 2019,

of this amendment shall be prosecuted for that offense and, if
convicted, shall be sentenced under the law as it existed at the time
the offense was committed.

Sec.
2930.19.
(A)(1)
A victim, victim's representative, or victim's attorney, if
applicable, or the prosecutor, on request of the victim, has standing
as a matter of right to assert, or to challenge an order denying, the
rights of the victim provided by law in any judicial or
administrative proceeding. The trial court shall act promptly on a
request to enforce, or on a challenge of an order denying, the rights
of the victim. In any case, the trial court shall hear the matter
within ten days of the assertion of the victim's rights. The reasons
for any decision denying relief under this section shall be clearly
stated on the record or in a judgment entry.

(2)(a)
If the trial court denies the relief sought under division (A)(1) of
this section, the trial court shall do all of the following:

(i)
Provide the victim, the victim's representative, if applicable, the
victim's attorney, if applicable, and the parties with notice of the
decision and a copy of the judgment entry;

(ii)
Provide the victim, the victim's representative, if applicable, and
the victim's attorney, if applicable, with the following statement
along with the judgment entry:

"NOTICE

The
victim, the victim's attorney, if applicable, or the prosecutor on
request of the victim, may appeal this decision or petition to the
court of appeals for an extraordinary writ. If such an interlocutory
appeal or extraordinary writ is sought while the case is still
pending in the trial court, it shall be initiated no later than
fourteen days after notice of the decision was provided to the victim
by telephone or electronic mail to the latest telephone number or
electronic mail address provided by the victim. The prosecutor or the
prosecutor's designee shall provide the notice to the victim and the
notice shall be memorialized in a manner sufficient to prove to the
court the prosecutor or prosecutor's designee sent the notice. The
court shall dismiss any such interlocutory appeal or petition as
untimely if it does not comply with this fourteen-day limit."

(b)(i)
If the court denies the relief sought, the victim or the victim's
attorney, if applicable, or the prosecutor on request of the victim,
may appeal or, if the victim has no remedy on appeal, petition the
court of appeals or supreme court for an extraordinary writ, and the
victim has standing to assert a right of limited appeal as it
pertains to the decisions impacting the rights of the victim. An
interlocutory appeal filed under this section shall be filed not
later than fourteen days after notice was provided to the victim as
described in division (A)(1) of this section, and such an appeal
divests the trial court of jurisdiction of the portion of the case
implicating the victim's rights until the interlocutory appeal is
resolved by the appellate court.

(ii)
Upon the filing of an interlocutory appeal, the trial court shall
transmit those portions of the transcript necessary for consideration
of the issues to be reviewed by the court of appeals within five
business days. Once the transcript is received by the court of
appeals, the party that initiated the appeal shall have eight days to
file a merit brief. Once the merit brief is filed, the appellee shall
have eight days to file a response brief. The court of appeals shall
decide the entire appeal not later than thirty-five days after the
appeal is filed. Notwithstanding these limits, the litigants, with
the approval of the court, may stipulate to a different period of
time for the briefing and issuance of the decision and judgment on
the appeal. The victim, the victim's attorney, the prosecutor, or the
defendant may notify the supreme court if a court of appeals has
failed to issue a judgment in accordance with the stipulated period
of time. Such notifications are public records.

(iii)
Nothing in this section shall be interpreted as applying to a direct
appeal that is filed after the court sentences the defendant. A
victim who wishes to appeal from an order that is final on its entry
after the court sentences the defendant shall file the notice of
appeal within thirty days of that entry.

(c)
If the victim or victim's attorney, if applicable, petitions for an
extraordinary writ, the court of appeals or the supreme court shall
enter an order establishing an expedited schedule for the filing of
an answer, the submission of evidence, the filing of briefing by the
litigants, and the entry of decision and judgment and shall place the
petition on its accelerated calendar. The court of appeals or the
supreme court shall immediately notify the trial court of the
petition, and the trial court shall transmit to the court of appeals
or the supreme court those portions of the transcript necessary for
the consideration of the issues to be reviewed by the applicable
appellate court within five business days of the filing of the appeal
or petition. The court shall enter judgment within forty-five days
after the petition for an extraordinary writ is filed.
Notwithstanding these limits, the litigants, with the approval of the
court, may stipulate to a different period of time for the briefing
and issuance of the decision and judgment in the action. The victim,
the victim's attorney, the prosecutor, or the defendant may notify
the supreme court if a court of appeals has failed to issue a
judgment in accordance with the stipulated period of time. Such
notifications are a public record.

(d)
If any interlocutory appeal is pursued to the supreme court, the
supreme court shall enter an order establishing an expedited schedule
for its proceedings, including, as applicable, the filing of
jurisdictional memoranda and ruling thereon, the transmission of the
record, the filing of briefing by the litigants, oral argument if
permitted, and the entry of decision and judgment and shall place the
appeal on its accelerated calendar. The court shall enter judgment
within sixty days after the appeal is filed. The supreme court shall
immediately notify the trial court of the appeal, and the trial court
shall transmit to the court of appeals or the supreme court those
portions of the transcript necessary for consideration of the issues
to be reviewed by the applicable appellate court within five business
days of the filing of the appeal. Notwithstanding these limits, the
litigants, with the approval of the court, may stipulate to a
different period of time for the supreme court's proceedings and for
the issuance of the supreme court's decision and judgment in the
case.

(e)
Nothing in this division applies to a direct appeal that is filed by
the victim after the court sentences the defendant. A victim who
wishes to appeal from an appellate entry shall file the appropriate
notice of appeal to the supreme court within thirty days of the
entry.

(B)(1)
A victim of a criminal offense or delinquent act has the right to be
represented by an attorney. Nothing in this section creates a right
to an attorney at public expense for a victim. If a victim is
represented by an attorney, the court shall notify the victim's
attorney in the same manner in which the parties are notified under
applicable law or rule. The victim's attorney shall be included in
all bench conferences, meetings in chambers, and sidebars with the
trial court that directly involve a decision implicating that
victim's rights as enumerated in Ohio Constitution, Article I,
Section 10a. Nothing in this section shall be construed as making a
victim a party to the case.

(2)
A defendant has a right to respond and be represented by an attorney
for appeals and writs the victim, the victim's attorney, if
applicable, or the prosecutor may file pursuant to this section. An
indigent defendant has the right to appointed counsel for appeals and
writs filed pursuant to this section. If, as an indigent person, a
defendant is unable to employ counsel, the defendant is entitled to
have counsel provided pursuant to Chapter 120. of the Revised Code.
The court shall notify the defendant and the defendant's attorney in
the same manner that the parties are notified under applicable law or
rule.

(C)
The failure of a public official or public agency or the public
official's or public agency's designee to comply with the
requirements of this chapter does not give rise to a claim for
damages against that public official or public agency or that public
official's or public agency's designee, except that a public agency
as an employer may be held responsible for a violation of section
2930.18 of the Revised Code.

(D)
The failure of any person or entity to provide a right, privilege, or
notice to a victim under this chapter does not constitute grounds for
declaring a mistrial or new trial, for setting aside a conviction,
sentence, adjudication, or disposition, or for granting
postconviction release to a defendant or alleged juvenile offender.

(E)

If
there is a conflict between a provision in this chapter and a
specific statute governing the procedure in a case involving a
capital offense, the specific statute supersedes the provision in
this chapter.

(F)

A
defendant or juvenile offender may not raise the failure to afford a
right to a victim as error in any legal argument to provide an
advantage to that defendant or juvenile offender in any motion,
including a dispositive motion, motion for a mistrial, motion for new
trial, or motion to have a conviction, sentence, or disposition set
aside, in any petition for post-conviction relief, or in any
assignment of error on appeal.

(G)
(F)

If the victim of a criminal offense or delinquent act is incarcerated
in a state or local correctional facility or is in the legal custody
of the department of youth services, the victim's rights under this
chapter may be modified by court order to prevent any security risk,
hardship, or undue burden upon a public official or public agency
with a duty under this chapter.

(H)
(G)

As used in this section, "post-conviction release" means
judicial release, early release, and parole, but does not mean relief
pursuant to a federal petition in habeas corpus.

Sec.
2937.222.
(A)
On the motion of the prosecuting attorney or on the judge's own
motion, the judge shall hold a hearing to determine whether an
accused person charged with aggravated murder

when it is not a capital offense
,
murder, a felony of the first or second degree, a violation of
section 2903.06 of the Revised Code, a violation of section 2903.211
of the Revised Code that is a felony, or a felony OVI offense shall
be denied bail. The judge shall order that the accused be detained
until the conclusion of the hearing. Except for good cause, a
continuance on the motion of the state shall not exceed three court
days. Except for good cause, a continuance on the motion of the
accused shall not exceed five court days unless the motion of the
accused waives in writing the five-day limit and states in writing a
specific period for which the accused requests a continuance. A
continuance granted upon a motion of the accused that waives in
writing the five-day limit shall not exceed five court days after the
period of continuance requested in the motion.

At
the hearing, the accused has the right to be represented by counsel
and, if the accused is indigent, to have counsel appointed. The judge
shall afford the accused an opportunity to testify, to present
witnesses and other information, and to cross-examine witnesses who
appear at the hearing. The rules concerning admissibility of evidence
in criminal trials do not apply to the presentation and consideration
of information at the hearing. Regardless of whether the hearing is
being held on the motion of the prosecuting attorney or on the
court's own motion, the state has the burden of proving that the
proof is evident or the presumption great that the accused committed
the offense with which the accused is charged, of proving that the
accused poses a substantial risk of serious physical harm to any
person or to the community, and of proving that no release conditions
will reasonably assure the safety of that person and the community.

The
judge may reopen the hearing at any time before trial if the judge
finds that information exists that was not known to the movant at the
time of the hearing and that that information has a material bearing
on whether bail should be denied. If a municipal court or county
court enters an order denying bail, a judge of the court of common
pleas having jurisdiction over the case may continue that order or
may hold a hearing pursuant to this section to determine whether to
continue that order.

(B)
No accused person shall be denied bail pursuant to this section
unless the judge finds by clear and convincing evidence that the
proof is evident or the presumption great that the accused committed
the offense described in division (A) of this section with which the
accused is charged, finds by clear and convincing evidence that the
accused poses a substantial risk of serious physical harm to any
person or to the community, and finds by clear and convincing
evidence that no release conditions will reasonably assure the safety
of that person and the community.

(C)
The judge, in determining whether the accused person described in
division (A) of this section poses a substantial risk of serious
physical harm to any person or to the community and whether there are
conditions of release that will reasonably assure the safety of that
person and the community, shall consider all available information
regarding all of the following:

(1)
The nature and circumstances of the offense charged, including
whether the offense is an offense of violence or involves alcohol or
a drug of abuse;

(2)
The weight of the evidence against the accused;

(3)
The history and characteristics of the accused, including, but not
limited to, both of the following:

(a)
The character, physical and mental condition, family ties,
employment, financial resources, length of residence in the
community, community ties, past conduct, history relating to drug or
alcohol abuse, and criminal history of the accused;

(b)
Whether, at the time of the current alleged offense or at the time of
the arrest of the accused, the accused was on probation, parole,
post-release control, or other release pending trial, sentencing,
appeal, or completion of sentence for the commission of an offense
under the laws of this state, another state, or the United States or
under a municipal ordinance.

(4)
The nature and seriousness of the danger to any person or the
community that would be posed by the person's release.

(D)(1)
An order of the court of common pleas denying bail pursuant to this
section is a final appealable order. In an appeal pursuant to
division (D) of this section, the court of appeals shall do all of
the following:

(a)
Give the appeal priority on its calendar;

(b)
Liberally modify or dispense with formal requirements in the interest
of a speedy and just resolution of the appeal;

(c)
Decide the appeal expeditiously;

(d)
Promptly enter its judgment affirming or reversing the order denying
bail.

(2)
The pendency of an appeal under this section does not deprive the
court of common pleas of jurisdiction to conduct further proceedings
in the case or to further consider the order denying bail in
accordance with this section. If, during the pendency of an appeal
under division (D) of this section, the court of common pleas sets
aside or terminates the order denying bail, the court of appeals
shall dismiss the appeal.

(E)
As used in this section:

(1)
"Court day" has the same meaning as in section 5122.01 of
the Revised Code.

(2)
"Felony OVI offense" means a third degree felony OVI
offense and a fourth degree felony OVI offense.

(3)
"Fourth degree felony OVI offense" and "third degree
felony OVI offense" have the same meanings as in section 2929.01
of the Revised Code.

Sec.
2941.021.
Any
criminal offense which is not punishable by
death
or
life
imprisonment may be prosecuted by information filed in the common
pleas court by the prosecuting attorney if the defendant, after

he has

having

been advised by the court of the nature of the charge against

him

the defendant

and of

his

the defendant's

rights under the constitution, is represented by counsel or has
affirmatively waived counsel by waiver in writing and in open court,
waives in writing and in open court prosecution by indictment.

Sec.
2941.14.
(A)

In
an indictment for aggravated murder, murder, or voluntary or
involuntary manslaughter, the manner in which, or the means by which
the death was caused need not be set forth.

(B)
Imposition of the death penalty for aggravated murder is precluded
unless the indictment or count in the indictment charging the offense
specifies one or more of the aggravating circumstances listed in
division (A) of section 2929.04 of the Revised Code. If more than one
aggravating circumstance is specified to an indictment or count, each
shall be in a separately numbered specification, and if an
aggravating circumstance is specified to a count in an indictment
containing more than one count, such specification shall be
identified as to the count to which it applies.

(C)
A specification to an indictment or count in an indictment charging
aggravated murder shall be stated at the end of the body of the
indictment or count, and may be in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION 1, SPECIFICATION TO THE FIRST COUNT, or
SPECIFICATION 1 TO THE FIRST COUNT). The Grand Jurors further find
and specify that (set forth the applicable aggravating circumstance
listed in divisions (A)(1) to (10) of section 2929.04 of the Revised
Code. The aggravating circumstance may be stated in the words of the
subdivision in which it appears, or in words sufficient to give the
accused notice of the same)."

Sec.
2941.148.
(A)(1)
The application of Chapter 2971. of the Revised Code to an offender
is precluded unless one of the following applies:

(a)
The offender is charged with a violent sex offense, and the
indictment, count in the indictment, or information charging the
violent sex offense also includes a specification that the offender
is a sexually violent predator, or the offender is charged with a
designated homicide, assault, or kidnapping offense, and the
indictment, count in the indictment, or information charging the
designated homicide, assault, or kidnapping offense also includes
both a specification of the type described in section 2941.147 of the
Revised Code and a specification that the offender is a sexually
violent predator.

(b)
The offender 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 division (B) of section 2907.02 of
the Revised Code does not prohibit the court from sentencing the
offender pursuant to section 2971.03 of the Revised Code.

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

(d)
The offender is convicted of or pleads guilty to a violation of
section 2905.01 of the Revised Code and to a specification of the
type described in section 2941.147 of the Revised Code, and section
2905.01 of the Revised Code requires a court to sentence the offender
pursuant to section 2971.03 of the Revised Code.

(e)
The offender is convicted of or pleads guilty to aggravated murder
and to a specification of the type described in section 2941.147 of
the Revised Code, 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)
(C)

of
section
2929.06

2929.02

of
the Revised Code requires a court to sentence the offender pursuant
to division (B)(3) of section 2971.03 of the Revised Code.

(f)
The offender is convicted of or pleads guilty to murder and to a
specification of the type described in section 2941.147 of the
Revised Code, and division
(B)(2)

(C)(1)

of
section 2929.02 of the Revised Code requires a court to sentence the
offender pursuant to section 2971.03 of the Revised Code.

(2)
A specification required under division (A)(1)(a) of this section
that an offender is a sexually violent predator 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 jury (or insert the
person's or prosecuting attorney's name when appropriate) further
find and specify that the offender is a sexually violent predator."

(B)
In determining for purposes of this section whether a person is a
sexually violent predator, all of the factors set forth in divisions
(H)(1) to (6) of section 2971.01 of the Revised Code that apply
regarding the person may be considered as evidence tending to
indicate that it is likely that the person will engage in the future
in one or more sexually violent offenses.

(C)
As used in this section, "designated homicide, assault, or
kidnapping offense," "violent sex offense," and
"sexually violent predator" have the same meanings as in
section 2971.01 of the Revised Code.

Sec.
2941.401.
When
a person has entered upon a term of imprisonment in a correctional
institution of this state, and when during the continuance of the
term of imprisonment there is pending in this state any untried
indictment, information, or complaint against the prisoner, the
prisoner shall be brought to trial within one hundred eighty days
after the prisoner causes to be delivered to the prosecuting attorney
and the appropriate court in which the matter is pending, written
notice of the place of the prisoner's imprisonment and a request for
a final disposition to be made of the matter, except that for good
cause shown in open court, with the prisoner or the prisoner's
counsel present, the court may grant any necessary or reasonable
continuance. The request of the prisoner shall be accompanied by a
certificate of the warden or superintendent having custody of the
prisoner, stating the term of commitment under which the prisoner is
being held, the time served and remaining to be served on the
sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the adult parole
authority relating to the prisoner.

The
written notice and request for final disposition shall be given or
sent by the prisoner to the warden or superintendent having custody
of the prisoner, who shall promptly forward it with the certificate
to the appropriate prosecuting attorney and court by registered or
certified mail, return receipt requested. If the appropriate
prosecuting attorney and agency having custody of the prisoner have
previously agreed, then the written notice, request, and certificate
may be sent by electronic mail or facsimile, in lieu of registered
mail or certified mail.

The
warden or superintendent having custody of the prisoner shall
promptly inform the prisoner in writing of the source and contents of
any untried indictment, information, or complaint against the
prisoner, concerning which the warden or superintendent has
knowledge, and of the prisoner's right to make a request for final
disposition thereof.

Escape
from custody by the prisoner, subsequent to the prisoner's execution
of the request for final disposition, voids the request.

If
the action is not brought to trial within the time provided, subject
to continuance allowed pursuant to this section, no court any longer
has jurisdiction thereof, the indictment, information, or complaint
is void, and the court shall enter an order dismissing the action
with prejudice.

This
section does not apply to any person adjudged to be mentally ill or
who is under sentence of life imprisonment

or death, or to any prisoner under sentence of death
.

Sec.
2941.43.
If
the convict referred to in section 2941.40 of the Revised Code is
acquitted,

he

the convict

shall
be

forthwith returned by the sheriff to the state correctional
institution to serve out the remainder of

his

the convict's

sentence. If

he

the convict

is sentenced to imprisonment in a state correctional institution,

he

the convict

shall be returned to the state correctional institution by the
sheriff to serve
his
new

the convict's

term.
If
he is sentenced to death, the death sentence shall be executed as if
he were not under sentence of imprisonment in a state correctional
institution.

Sec.
2941.51.
(A)
Counsel appointed to a case or selected by an indigent person under
division (E) of section 120.16 or division (E) of section 120.26 of
the Revised Code, or otherwise appointed by the court, except for
counsel appointed by the court to provide legal representation for a
person charged with a violation of an ordinance of a municipal
corporation, shall be paid for their services by the county the
compensation and expenses that the trial court approves. Each request
for payment shall include a financial disclosure form completed by
the indigent person on a form prescribed by the state public
defender. Compensation and expenses shall not exceed the amounts
fixed by the board of county commissioners pursuant to division (B)
of this section.

(B)
The board of county commissioners shall establish a schedule of fees
by case or on an hourly basis to be paid by the county for legal
services provided by appointed counsel. Prior to establishing such
schedule, the board shall request the bar association or associations
of the county to submit a proposed schedule

for cases other than capital cases
.
The schedule submitted shall be subject to the review, amendment, and
approval of the board of county commissioners
,
except with respect to capital cases. With respect to capital cases,
the schedule shall provide for fees by case or on an hourly basis to
be paid to counsel in the amount or at the rate set by the capital
case attorney fee council pursuant to division (D) of section 120.33
of the Revised Code, and the board of county commissioners shall
approve that amount or rate.

With
respect to capital cases, counsel shall be paid compensation and
expenses in accordance with the amount or at the rate set by the
capital case attorney fee council pursuant to division (D) of section
120.33 of the Revised Code
.

(C)
In a case where counsel have been appointed to conduct an appeal
under Chapter 120. of the Revised Code, such compensation shall be
fixed by the court of appeals or the supreme court, as provided in
divisions (A) and (B) of this section.

(D)
The fees and expenses approved by the court under this section shall
not be taxed as part of the costs and shall be paid by the county.
However, if the person represented has, or reasonably may be expected
to have, the means to meet some part of the cost of the services
rendered to the person, the person shall pay the county an amount
that the person reasonably can be expected to pay. Pursuant to
section 120.04 of the Revised Code, the county shall pay to the state
public defender a percentage of the payment received from the person
in an amount proportionate to the percentage of the costs of the
person's case that were paid to the county by the state public
defender pursuant to this section. The money paid to the state public
defender shall be credited to the client payment fund created
pursuant to division (B)(5) of section 120.04 of the Revised Code.

(E)
The county auditor shall draw a warrant on the county treasurer for
the payment of such counsel in the amount fixed by the court, plus
the expenses that the court fixes and certifies to the auditor. The
county auditor shall report periodically, but not less than annually,
to the board of county commissioners and to the Ohio public defender
commission the amounts paid out pursuant to the approval of the court
under this section
,
separately stating costs and expenses that are reimbursable under
section 120.35 of the Revised Code
.
The board, after review and approval of the auditor's report, may
then certify it to the state public defender for reimbursement. The
request for reimbursement shall be accompanied by a financial
disclosure form completed by each indigent person for whom counsel
was provided on a form prescribed by the state public defender. The
state public defender shall review the report and, in accordance with
the standards, guidelines, and maximums established pursuant to
divisions (B)(7) and (8) of section 120.04 of the Revised Code and
the payment determination provisions of section 120.34 of the Revised
Code, pay the cost
,
other than costs and expenses that are reimbursable under section
120.35 of the Revised Code, if any,
of
paying appointed counsel in each county
and
pay costs and expenses that are reimbursable under section 120.35 of
the Revised Code, if any,

to the board. The amount of payments the state public defender is to
make shall be determined as specified in section 120.34 of the
Revised Code.

(F)
If any county system for paying appointed counsel fails to maintain
the standards for the conduct of the system established by the rules
of the Ohio public defender commission pursuant to divisions (B) and
(C) of section 120.03 of the Revised Code or the standards
established by the state public defender pursuant to division (B)(7)
of section 120.04 of the Revised Code, the commission shall notify
the board of county commissioners of the county that the county
system for paying appointed counsel has failed to comply with its
rules. Unless the board corrects the conduct of its appointed counsel
system to comply with the rules within ninety days after the date of
the notice, the state public defender may deny all or part of the
county's reimbursement from the state provided for in this section.

Sec.
2945.06.
In
any case in which a defendant waives

his

the defendant's

right to trial by jury and elects to be tried by the court under
section 2945.05 of the Revised Code, any judge of the court in which
the cause is pending shall proceed to hear, try, and determine the
cause in accordance with the rules and in like manner as if the cause
were being tried before a jury.
If
the accused is charged with an offense punishable with death, he
shall be tried by a court to be composed of three judges, consisting
of the judge presiding at the time in the trial of criminal cases and
two other judges to be designated by the presiding judge or chief
justice of that court, and in case there is neither a presiding judge
nor a chief justice, by the chief justice of the supreme court. The
judges or a majority of them may decide all questions of fact and law
arising upon the trial; however the accused shall not be found guilty
or not guilty of any offense unless the judges unanimously find the
accused guilty or not guilty. If the accused pleads guilty of
aggravated murder, a court composed of three judges shall examine the
witnesses, determine whether the accused is guilty of aggravated
murder or any other offense, and pronounce sentence accordingly. The
court shall follow the procedures contained in sections 2929.03 and
2929.04 of the Revised Code in all cases in which the accused is
charged with an offense punishable by death. If in the composition of
the court it is necessary that a judge from another county be
assigned by the chief justice, the judge from another county shall be
compensated for his services as provided by section 141.07 of the
Revised Code.

Sec.
2945.10.
The
trial of an issue upon an indictment or information shall proceed
before the trial court or jury as follows:

(A)
Counsel for the state must first state the case for the prosecution,
and may briefly state the evidence by which the counsel for the state
expects to sustain it.

(B)
The defendant or the defendant's counsel must then state the defense,
and may briefly state the evidence which the defendant or the
defendant's counsel expects to offer in support of it.

(C)
The state must first produce its evidence and the defendant shall
then produce the defendant's evidence.

(D)
The state will then be confined to rebutting evidence, but the court,
for good reason, in furtherance of justice, may permit evidence to be
offered by either side out of its order.

(E)
When the evidence is concluded,
one
of the following applies regarding jury instructions:

(1)
In a capital case that is being heard by a jury, the court shall
prepare written instructions to the jury on the points of law, shall
provide copies of the written instructions to the jury before orally
instructing the jury, and shall permit the jury to retain and consult
the instructions during the court's presentation of the oral
instructions and during the jury's deliberations.

(2)
In a case that is not a capital case,
either
party may request instructions to the jury on the points of law,
which instructions shall be reduced to writing if either party
requests it.

(F)
When the evidence is concluded, unless the case is submitted without
argument, the counsel for the state shall commence, the defendant or
the defendant's counsel follow, and the counsel for the state
conclude the argument to the jury.

(G)
The court, after the argument is concluded and before proceeding with
other business, shall forthwith charge the jury. Such charge shall be
reduced to writing by the court if either party requests it before
the argument to the jury is commenced. Such charge, or other charge
or instruction provided for in this section, when so written and
given, shall not be orally qualified, modified, or explained to the
jury by the court. Written charges and instructions shall be taken by
the jury in their retirement and returned with their verdict into
court and remain on file with the papers of the case.

The
court may deviate from the order of proceedings listed in this
section.

Sec.
2945.13.
When
two or more persons are jointly indicted for a felony,
except
a capital offense,
they
shall be tried jointly unless the court, for good cause shown on
application therefor by the prosecuting attorney or one or more of
said defendants, orders one or more of said defendants to be tried
separately.

Sec.
2945.21.
(A)(1)
In criminal cases in which there is only one defendant, each party,
in addition to the challenges for cause authorized by law, may
peremptorily challenge three of the jurors in misdemeanor cases

and
,

four
of the jurors in felony cases other than

capital

cases

that may subject the defendant to a sentence of life imprisonment,
and six of the jurors in cases that may subject the defendant to a
sentence of life imprisonment
.
If there is more than one defendant, each defendant may peremptorily
challenge the same number of jurors as if

he

the defendant

were the sole defendant.

(2)

Notwithstanding
Criminal Rule 24, in capital cases in which there is only one
defendant, each party, in addition to the challenges for cause
authorized by law, may peremptorily challenge twelve of the jurors.
If there is more than one defendant, each defendant may peremptorily
challenge the same number of jurors as if he were the sole defendant.

(3)

In
any case in which there are multiple defendants, the prosecuting
attorney may peremptorily challenge a number of jurors equal to the
total number of peremptory challenges allowed to all of the
defendants.

(B)
If any indictments, informations, or complaints are consolidated for
trial, the consolidated cases shall be considered, for purposes of
exercising peremptory challenges, as though the defendants or
offenses had been joined in the same indictment, information, or
complaint.

(C)
The exercise of peremptory challenges authorized by this section
shall be in accordance with the procedures of Criminal Rule 24.

Sec.
2945.25.
A
person called as a juror in a criminal case may be challenged for the
following causes:

(A)
That the person was a member of the grand jury that found the
indictment in the case;

(B)
That the person is possessed of a state of mind evincing enmity or
bias toward the defendant or the state; but no person summoned as a
juror shall be disqualified by reason of a previously formed or
expressed opinion with reference to the guilt or innocence of the
accused, if the court is satisfied, from examination of the juror or
from other evidence, that the juror will render an impartial verdict
according to the law and the evidence submitted to the jury at the
trial;

(C)

In
the trial of a capital offense, that the person unequivocally states
that under no circumstances will the person follow the instructions
of a trial judge and consider fairly the imposition of a sentence of
death in a particular case. A prospective juror's conscientious or
religious opposition to the death penalty in and of itself is not
grounds for a challenge for cause. All parties shall be given wide
latitude in voir dire questioning in this regard.

(D)

That
the person is related by consanguinity or affinity within the fifth
degree to the person alleged to be injured or attempted to be injured
by the offense charged, or to the person on whose complaint the
prosecution was instituted, or to the defendant;

(E)

(D)

That
the person served on a petit jury drawn in the same cause against the
same defendant, and that jury was discharged after hearing the
evidence or rendering a verdict on the evidence that was set aside;

(F)

(E)

That
the person served as a juror in a civil case brought against the
defendant for the same act;

(G)

(F)

That
the person has been subpoenaed in good faith as a witness in the
case;

(H)

(G)

That
the person has chronic alcoholism, or a drug dependency;

(I)

(H)

That
the person has been convicted of a crime that by law disqualifies the
person from serving on a jury;

(J)

(I)

That
the person has an action pending between the person and the state or
the defendant;

(K)

(J)

That
the person or the person's spouse is a party to another action then
pending in any court in which an attorney in the cause then on trial
is an attorney, either for or against the person;

(L)

(K)

That
the person is the person alleged to be injured or attempted to be
injured by the offense charged, or is the person on whose complaint
the prosecution was instituted, or the defendant;

(M)

(L)

That
the person is the employer or employee, or the spouse, parent, son,
or daughter of the employer or employee, or the counselor, agent, or
attorney of any person included in division
(L)

(K)

of
this section;

(N)

(M)

That
English is not the person's native language, and the person's
knowledge of English is insufficient to permit the person to
understand the facts and law in the case;

(O)

(N)

That
the person otherwise is unsuitable for any other cause to serve as a
juror.

The
validity of each challenge listed in this section shall be determined
by the court.

Sec.
2945.33.
When
a cause is finally submitted the jurors must be kept together in a
convenient place under the charge of an officer until they agree upon
a verdict, or are discharged by the court. The court
,
except in cases where the offense charged may be punishable by death,

may permit the jurors to separate during the adjournment of court
overnight, under proper cautions, or under supervision of an officer.
Such officer shall not permit a communication to be made to them, nor
make any
himself

communication to them

except to ask if they have agreed upon a verdict, unless

he

the officer

does so by order of the court. Such officer shall not communicate to
any person, before the verdict is delivered, any matter in relation
to their deliberation. Upon the trial of any prosecution for
misdemeanor, the court may permit the jury to separate during their
deliberation, or upon adjournment of the court overnight.

In
cases where the offense charged may be punished by death, after the
case is finally submitted to the jury, the jurors shall be kept in
charge of the proper officer and proper arrangements for their care
and maintenance shall be made as under section 2945.31 of the Revised
Code.

Sec.
2945.38.
(A)
If the issue of a defendant's competence to stand trial is raised and
if the court, upon conducting the hearing provided for in section
2945.37 of the Revised Code, finds that the defendant is competent to
stand trial, the defendant shall be proceeded against as provided by
law. If the court finds the defendant competent to stand trial and
the defendant is receiving psychotropic drugs or other medication,
the court may authorize the continued administration of the drugs or
medication or other appropriate treatment in order to maintain the
defendant's competence to stand trial, unless the defendant's
attending physician advises the court against continuation of the
drugs, other medication, or treatment.

(B)(1)(a)(i)
If the defendant has been charged with a felony offense or a
misdemeanor offense of violence for which the prosecutor has not
recommended the procedures under division (B)(1)(a)(vi) of this
section and if, after taking into consideration all relevant reports,
information, and other evidence, the court finds that the defendant
is incompetent to stand trial and that there is a substantial
probability that the defendant will become competent to stand trial
within one year if the defendant is provided with a course of
treatment, the court shall order the defendant to undergo treatment.

(ii)
If the defendant has been charged with a felony offense and if, after
taking into consideration all relevant reports, information, and
other evidence, the court finds that the defendant is incompetent to
stand trial, but the court is unable at that time to determine
whether there is a substantial probability that the defendant will
become competent to stand trial within one year if the defendant is
provided with a course of treatment, the court shall order continuing
evaluation and treatment of the defendant for a period not to exceed
four months to determine whether there is a substantial probability
that the defendant will become competent to stand trial within one
year if the defendant is provided with a course of treatment.

(iii)
If the defendant has not been charged with a felony offense but has
been charged with a misdemeanor offense of violence and if, after
taking into consideration all relevant reports, information, and
other evidence, the court finds that the defendant is incompetent to
stand trial, but the court is unable at that time to determine
whether there is a substantial probability that the defendant will
become competent to stand trial within the time frame permitted under
division (C)(1) of this section, the court may order continuing
evaluation and treatment of the defendant for a period not to exceed
the maximum period permitted under that division.

(iv)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence, but has been charged with a
misdemeanor offense that is not a misdemeanor offense of violence and
if, after taking into consideration all relevant reports,
information, and other evidence, the court finds that the defendant
is incompetent to stand trial, but the court is unable at that time
to determine whether there is a substantial probability that the
defendant will become competent to stand trial within the time frame
permitted under division (C)(1) of this section, the court shall
dismiss the charges and follow the process outlined in division
(B)(1)(a)(v)(I) of this section.

(v)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence, or if the defendant has been charged
with a misdemeanor offense of violence and the prosecutor has
recommended the procedures under division (B)(1)(a)(vi) of this
section, and if, after taking into consideration all relevant
reports, information, and other evidence, the trial court finds that
the defendant is incompetent to stand trial, the trial court shall do
one of the following:

(I)
Dismiss the charges pending against the defendant. A dismissal under
this division is not a bar to further prosecution based on the same
conduct. Upon dismissal of the charges, the trial court shall
discharge the defendant unless the court or prosecutor, after
consideration of the requirements of section 5122.11 of the Revised
Code, files an affidavit in probate court alleging that the defendant
is a mentally ill person subject to court order or a person with an
intellectual disability subject to institutionalization by court
order. If an affidavit is filed in probate court, the trial court may
detain the defendant for ten days pending a hearing in the probate
court and shall send to the probate court copies of all written
reports of the defendant's mental condition that were prepared
pursuant to section 2945.371 of the Revised Code. The trial court or
prosecutor shall specify in the appropriate space on the affidavit
that the defendant is a person described in this subdivision.

(II)
Order the defendant to undergo outpatient competency restoration
treatment at a facility operated or certified by the department of
mental health and addiction services as being qualified to treat
mental illness, at a public or community mental health facility, at a
jail that employs or contracts with an individual or entity listed in
division (B)(1)(b)(i) of this section to provide treatment or
continuing evaluation and treatment at a jail, or in the care of a
psychiatrist or other mental health professional. If a defendant who
has been released on bail or recognizance refuses to comply with
court-ordered outpatient treatment under this division, the court may
dismiss the charges pending against the defendant and proceed under
division (B)(1)(a)(v)(I) of this section or may amend the conditions
of bail or recognizance and order the sheriff to take the defendant
into custody and deliver the defendant to a center or facility
operated or certified by the department of mental health and
addiction services for treatment.

(vi)
If the defendant has not been charged with a felony offense but has
been charged with a misdemeanor offense of violence and after taking
into consideration all relevant reports, information, and other
evidence, the court finds that the defendant is incompetent to stand
trial, the prosecutor in the case may recommend that the court follow
the procedures prescribed in division (B)(1)(a)(v) of this section.
If the prosecutor does not make such a recommendation, the court
shall follow the procedures in division (B)(1)(a)(i) of this section.

(b)(i)
The court order for the defendant to undergo treatment or continuing
evaluation and treatment under division (B)(1)(a) of this section
shall specify that the defendant, if determined to require mental
health treatment or continuing evaluation and treatment, shall be
committed to one of the following:

(I)
The department of mental health and addiction services for treatment
or continuing evaluation and treatment at a hospital, facility, or
agency, as determined to be clinically appropriate by the department;

(II)
A facility certified by the department of mental health and addiction
services as being qualified to treat mental illness;

(III)
A public or community mental health facility;

(IV)
A jail that employs or contracts with an entity or individual listed
in division (B)(1)(b)(i) of this section to provide treatment or
continuing evaluation and treatment at a jail;

(V)
A psychiatrist or another mental health professional for treatment or
continuing evaluation and treatment.

(ii)
Prior to placing the defendant, the department of mental health and
addiction services shall obtain court approval for that placement
following a hearing. The court order for the defendant to undergo
treatment or continuing evaluation and treatment under division
(B)(1)(a) of this section shall specify that the defendant, if
determined to require treatment or continuing evaluation and
treatment for an intellectual disability, shall receive treatment or
continuing evaluation and treatment at an institution or facility
operated by the department of developmental disabilities, at a
facility certified by the department of developmental disabilities as
being qualified to treat intellectual disabilities, at a public or
private intellectual disabilities facility, or by a psychiatrist or
another intellectual disabilities professional. In any case, the
order may restrict the defendant's freedom of movement as the court
considers necessary. The prosecutor in the defendant's case shall
send to the chief clinical officer of the hospital, facility, or
agency where the defendant is placed by the department of mental
health and addiction services, or to the managing officer or director
of the institution, facility, or jail, or the person to which the
defendant is committed, copies of relevant police reports and other
background information that pertains to the defendant and is
available to the prosecutor unless the prosecutor determines that the
release of any of the information in the police reports or any of the
other background information to unauthorized persons would interfere
with the effective prosecution of any person or would create a
substantial risk of harm to any person.

(iii)
In determining the place of commitment, the court shall consider the
extent to which the person is a danger to the person and to others,
the need for security, the availability of housing and supportive
services, including outpatient mental health services in the
community, and the type of crime involved and shall order the least
restrictive alternative available that is consistent with public
safety and treatment goals. In weighing these factors, the court
shall give preference to protecting public safety and the
availability of housing and supportive services.

(c)
If the defendant is found incompetent to stand trial, if the chief
clinical officer of the hospital, facility, or agency where the
defendant is placed, or the managing officer or director of the
institution, facility, or jail, or the person to which the defendant
is committed for treatment or continuing evaluation and treatment
under division (B)(1)(b) of this section determines that medication
is necessary to restore the defendant's competency to stand trial,
and if the defendant lacks the capacity to give informed consent or
refuses medication, the chief clinical officer of the hospital,
facility, or agency where the defendant is placed, or the managing
officer or director of the institution, facility, or jail, or the
person to which the defendant is committed for treatment or
continuing evaluation and treatment may petition the court for
authorization for the involuntary administration of medication. The
court shall hold a hearing on the petition within five days of the
filing of the petition if the petition was filed in a municipal court
or a county court regarding an incompetent defendant charged with a
misdemeanor or within ten days of the filing of the petition if the
petition was filed in a court of common pleas regarding an
incompetent defendant charged with a felony offense. Following the
hearing, the court may authorize the involuntary administration of
medication or may dismiss the petition.

(2)
If the court finds that the defendant is incompetent to stand trial
and that, even if the defendant is provided with a course of
treatment, there is not a substantial probability that the defendant
will become competent to stand trial within one year, the court shall
order the discharge of the defendant, unless upon motion of the
prosecutor or on its own motion, the court either seeks to retain
jurisdiction over the defendant pursuant to section 2945.39 of the
Revised Code or files an affidavit in the probate court for the civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of the
Revised Code alleging that the defendant is a person with a mental
illness subject to court order or a person with an intellectual
disability subject to institutionalization by court order. If an
affidavit is filed in the probate court, the trial court shall send
to the probate court copies of all written reports of the defendant's
mental condition that were prepared pursuant to section 2945.371 of
the Revised Code.

The
trial court may issue the temporary order of detention that a probate
court may issue under section 5122.11 or 5123.71 of the Revised Code,
to remain in effect until the probable cause or initial hearing in
the probate court. Further proceedings in the probate court are civil
proceedings governed by Chapter 5122. or 5123. of the Revised Code.

(C)
No defendant shall be required to undergo treatment, including any
continuing evaluation and treatment, under division (B)(1) of this
section for longer than whichever of the following periods is
applicable:

(1)
One year, if the most serious offense with which the defendant is
charged is one of the following offenses:

(a)
Aggravated murder, murder, or an offense of violence for which a
sentence of
death
or
life
imprisonment may be imposed;

(b)
An offense of violence that is a felony of the first or second
degree;

(c)
A conspiracy to commit, an attempt to commit, or complicity in the
commission of an offense described in division (C)(1)(a) or (b) of
this section if the conspiracy, attempt, or complicity is a felony of
the first or second degree.

(2)
Six months, if the most serious offense with which the defendant is
charged is a felony other than a felony described in division (C)(1)
of this section;

(3)
Sixty days, if the most serious offense with which the defendant is
charged is a misdemeanor of the first or second degree;

(4)
Thirty days, if the most serious offense with which the defendant is
charged is a misdemeanor of the third or fourth degree, a minor
misdemeanor, or an unclassified misdemeanor.

(D)
Any defendant who is committed pursuant to this section shall not
voluntarily admit the defendant or be voluntarily admitted to a
hospital or institution pursuant to section 5122.02, 5122.15,
5123.69, or 5123.76 of the Revised Code.

(E)
Except as otherwise provided in this division, a defendant who is
charged with an offense and is committed by the court under this
section to the department of mental health and addiction services or
is committed to an institution or facility for the treatment of
intellectual disabilities shall not be granted unsupervised
on-grounds movement, supervised off-grounds movement, or nonsecured
status except in accordance with the court order. The court may grant
a defendant supervised off-grounds movement to obtain medical
treatment or specialized habilitation treatment services if the
person who supervises the treatment or the continuing evaluation and
treatment of the defendant ordered under division (B)(1)(a) of this
section informs the court that the treatment or continuing evaluation
and treatment cannot be provided at the hospital or facility where
the defendant is placed by the department of mental health and
addiction services or the institution, facility, or jail to which the
defendant is committed. The chief clinical officer of the hospital or
facility where the defendant is placed by the department of mental
health and addiction services or the managing officer or director of
the institution, facility, or jail to which the defendant is
committed, or a designee of any of those persons, may grant a
defendant movement to a medical facility for an emergency medical
situation with appropriate supervision to ensure the safety of the
defendant, staff, and community during that emergency medical
situation. The chief clinical officer of the hospital or facility
where the defendant is placed by the department of mental health and
addiction services or the managing officer or director of the
institution, facility, or jail to which the defendant is committed
shall notify the court within twenty-four hours of the defendant's
movement to the medical facility for an emergency medical situation
under this division.

(F)
The person who supervises the treatment or continuing evaluation and
treatment of a defendant ordered to undergo treatment or continuing
evaluation and treatment under division (B)(1)(a) of this section
shall file a written report with the court at the following times:

(1)
Whenever the person believes the defendant is capable of
understanding the nature and objective of the proceedings against the
defendant and of assisting in the defendant's defense;

(2)
For a felony offense, fourteen days before expiration of the maximum
time for treatment as specified in division (C) of this section and
fourteen days before the expiration of the maximum time for
continuing evaluation and treatment as specified in division
(B)(1)(a) of this section, and, for a misdemeanor offense, ten days
before the expiration of the maximum time for treatment, as specified
in division (C) of this section;

(3)
At a minimum, after each six months of treatment;

(4)
Whenever the person who supervises the treatment or continuing
evaluation and treatment of a defendant ordered under division
(B)(1)(a) of this section believes that there is not a substantial
probability that the defendant will become capable of understanding
the nature and objective of the proceedings against the defendant or
of assisting in the defendant's defense even if the defendant is
provided with a course of treatment.

(G)
A report under division (F) of this section shall contain the
examiner's findings, the facts in reasonable detail on which the
findings are based, and the examiner's opinion as to the defendant's
capability of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense. If, in the examiner's opinion, the defendant remains
incapable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense and there is a substantial probability that the defendant
will become capable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense if the defendant is provided with a course of treatment, if
in the examiner's opinion the defendant continues to have a mental
illness or an intellectual disability, and if the maximum time for
treatment as specified in division (C) of this section has not
expired, the report also shall contain the examiner's recommendation
as to the least restrictive placement or commitment alternative that
is consistent with the defendant's treatment needs for restoration to
competency and with the safety of the community. The court shall
provide copies of the report to the prosecutor and defense counsel.

(H)
If a defendant is committed pursuant to division (B)(1) of this
section, within ten days after the treating physician of the
defendant or the examiner of the defendant who is employed or
retained by the treating facility advises that there is not a
substantial probability that the defendant will become capable of
understanding the nature and objective of the proceedings against the
defendant or of assisting in the defendant's defense even if the
defendant is provided with a course of treatment, within ten days
after the expiration of the maximum time for treatment as specified
in division (C) of this section, within ten days after the expiration
of the maximum time for continuing evaluation and treatment as
specified in division (B)(1)(a) of this section, within thirty days
after a defendant's request for a hearing that is made after six
months of treatment, or within thirty days after being advised by the
treating physician or examiner that the defendant is competent to
stand trial, whichever is the earliest, the court shall conduct
another hearing to determine if the defendant is competent to stand
trial and shall do whichever of the following is applicable:

(1)
If the court finds that the defendant is competent to stand trial,
the defendant shall be proceeded against as provided by law.

(2)
If the court finds that the defendant is incompetent to stand trial,
but that there is a substantial probability that the defendant will
become competent to stand trial if the defendant is provided with a
course of treatment, and the maximum time for treatment as specified
in division (C) of this section has not expired, the court, after
consideration of the examiner's recommendation, shall order that
treatment be continued, may change the facility or location at which
the treatment is to be continued, and shall specify whether the
treatment is to be continued at the same or a different facility or
location.

(3)
If the court finds that the defendant is incompetent to stand trial,
if the defendant is charged with an offense listed in division (C)(1)
of this section, and if the court finds that there is not a
substantial probability that the defendant will become competent to
stand trial even if the defendant is provided with a course of
treatment, or if the maximum time for treatment relative to that
offense as specified in division (C) of this section has expired,
further proceedings shall be as provided in sections 2945.39,
2945.401, and 2945.402 of the Revised Code.

(4)
If the court finds that the defendant is incompetent to stand trial,
if the most serious offense with which the defendant is charged is a
misdemeanor or a felony other than a felony listed in division (C)(1)
of this section, and if the court finds that there is not a
substantial probability that the defendant will become competent to
stand trial even if the defendant is provided with a course of
treatment, or if the maximum time for treatment relative to that
offense as specified in division (C) of this section has expired, the
court shall dismiss the indictment, information, or complaint against
the defendant. A dismissal under this division is not a bar to
further prosecution based on the same conduct. The court shall
discharge the defendant unless the court or prosecutor files an
affidavit in probate court for civil commitment pursuant to Chapter
5122. or 5123. of the Revised Code. If an affidavit for civil
commitment is filed, the court may detain the defendant for ten days
pending civil commitment and shall send to the probate court copies
of all written reports of the defendant's mental condition prepared
pursuant to section 2945.371 of the Revised Code.

All
of the following provisions apply to persons charged with a
misdemeanor or a felony other than a felony listed in division (C)(1)
of this section who are committed by the probate court subsequent to
the court's or prosecutor's filing of an affidavit for civil
commitment under authority of this division:

(a)
The chief clinical officer of the entity, hospital, or facility, the
managing officer or director of the institution, facility, or jail,
or the person to which the defendant is committed or admitted shall
do all of the following:

(i)
Notify the prosecutor, in writing, of the discharge of the defendant,
send the notice at least ten days prior to the discharge unless the
discharge is by the probate court, and state in the notice the date
on which the defendant will be discharged;

(ii)
Notify the prosecutor, in writing, when the defendant is absent
without leave or is granted unsupervised, off-grounds movement, and
send this notice promptly after the discovery of the absence without
leave or prior to the granting of the unsupervised, off-grounds
movement, whichever is applicable;

(iii)
Notify the prosecutor, in writing, of the change of the defendant's
commitment or admission to voluntary status, send the notice promptly
upon learning of the change to voluntary status, and state in the
notice the date on which the defendant was committed or admitted on a
voluntary status.

(b)
Upon receiving notice that the defendant will be granted
unsupervised, off-grounds movement, the prosecutor either shall
re-indict the defendant or promptly notify the court that the
prosecutor does not intend to prosecute the charges against the
defendant.

(I)
If a defendant is convicted of a crime and sentenced to a jail, the
defendant's sentence shall be reduced by the total number of days the
defendant is confined for evaluation to determine the defendant's
competence to stand trial or treatment under this section and
sections 2945.37 and 2945.371 of the Revised Code or by the total
number of days the defendant is confined for evaluation to determine
the defendant's mental condition at the time of the offense charged.

Sec.
2949.02.
(A)
If a person is convicted of any bailable offense, including, but not
limited to, a violation of an ordinance of a municipal corporation,
in a municipal or county court or in a court of common pleas and if
the person gives to the trial judge or magistrate a written notice of
the person's intention to file or apply for leave to file an appeal
to the court of appeals, the trial judge or magistrate may suspend
,
subject to division (A)(2)(b) of section 2953.09 of the Revised Code,

execution of the sentence or judgment imposed for any fixed time that
will give the person time either to prepare and file, or to apply for
leave to file, the appeal. In all bailable cases, except as provided
in division (B) of this section, the trial judge or magistrate may
release the person on bail in accordance with section 2937.011 of the
Revised Code, and the bail shall at least be conditioned that the
person will appeal without delay and abide by the judgment and
sentence of the court.

(B)
Notwithstanding any provision of section 2937.011 of the Revised Code
to the contrary, a trial judge of a court of common pleas shall not
release on bail pursuant to division (A) of this section a person who
is convicted of a bailable offense if the person is sentenced to
imprisonment for life or if that offense is a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01, 2905.02,
2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11 of the
Revised Code or is felonious sexual penetration in violation of
former section 2907.12 of the Revised Code.

(C)
If a trial judge of a court of common pleas is prohibited by division
(B) of this section from releasing on bail pursuant to division (A)
of this section a person who is convicted of a bailable offense and
not sentenced to imprisonment for life, the appropriate court of
appeals or two judges of it, upon motion of such a person and for
good cause shown, may release the person on bail in accordance with
section 2937.011 of the Revised Code and Appellate Rule 8, and the
bail shall at least be conditioned as described in division (A) of
this section.

Sec.
2949.03.
If
a judgment of conviction by a court of common pleas, municipal court,
or county court is affirmed by a court of appeals and remanded to the
trial court for execution of the sentence or judgment imposed, and
the person so convicted gives notice of

his

the person's

intention to file a notice of appeal to the supreme court, the trial
court, on the filing of a motion by such person within three days
after the rendition by the court of appeals of the judgment of
affirmation, may further suspend
,
subject to division (A)(2)(b) of section 2953.09 of the Revised Code,

the execution of the sentence or judgment imposed for a time
sufficient to give such person an opportunity to file a notice of
appeal to the supreme court, but the sentence or judgment imposed
shall not be suspended more than thirty days for that purpose.

Sec.
2953.02.
In

a
capital case in which a sentence of death is imposed for an offense
committed before January 1, 1995, and in
any

other

criminal
case, including a conviction for the violation of an ordinance of a
municipal corporation, the judgment or final order of a court of
record inferior to the court of appeals may be reviewed in the court
of appeals. A final order of an administrative officer or agency may
be reviewed in the court of common pleas. A judgment or final order
of the court of appeals involving a question arising under the
Constitution of the United States or of this state may be appealed to
the supreme court as a matter of right. This right of appeal from
judgments and final orders of the court of appeals shall extend to

cases
in which a sentence of death is imposed for an offense committed
before January 1, 1995, and in which the death penalty has been
affirmed,
felony
cases in which the supreme court has directed the court of appeals to
certify its record
,

and in all other criminal cases of public or general interest wherein
the supreme court has granted a motion to certify the record of the
court of appeals.
In
a capital case in which a sentence of death is imposed for an offense
committed on or after January 1, 1995, the judgment or final order
may be appealed from the trial court directly to the supreme court as
a matter of right.
The
supreme court in criminal cases shall not be required to determine as
to the weight of the evidence
,
except that, in cases in which a sentence of death is imposed for an
offense committed on or after January 1, 1995, and in which the
question of the weight of the evidence to support the judgment has
been raised on appeal, the supreme court shall determine as to the
weight of the evidence to support the judgment and shall determine as
to the weight of the evidence to support the sentence of death as
provided in section 2929.05 of the Revised Code
.

Sec.
2953.07.
(A)

Upon
the hearing of an appeal other than an appeal from a mayor's court,
the appellate court may affirm the judgment or reverse it, in whole
or in part, or modify it, and order the accused to be discharged or
grant a new trial. The appellate court may remand the accused for the
sole purpose of correcting a sentence imposed contrary to law,
provided that, on an appeal of a sentence imposed upon a person who
is convicted of or pleads guilty to a felony that is brought under
section 2953.08 of the Revised Code, division (G) of that section
applies to the court. If the judgment is reversed, the appellant
shall recover from the appellee all court costs incurred to secure
the reversal, including the cost of transcripts.
In
capital cases, when the judgment is affirmed and the day fixed for
the execution is passed, the appellate court shall appoint a day for
it, and the clerk of the appellate court shall issue a warrant under
the seal of the appellate court, to the sheriff of the proper county,
or the warden of the appropriate state correctional institution,
commanding the sheriff or warden to carry the sentence into execution
on the day so appointed. The sheriff or warden shall execute and
return the warrant as in other cases, and the clerk shall record the
warrant and return.

(B)
As used in this section, "appellate court" means, for a
case in which a sentence of death is imposed for an offense committed
before January 1, 1995, both the court of appeals and the supreme
court, and for a case in which a sentence of death is imposed for an
offense committed on or after January 1, 1995, the supreme court.

Sec.
2953.08.
(A)
In addition to any other right to appeal and except as provided in
division (D) of this section, a defendant who is convicted of or
pleads guilty to a felony may appeal as a matter of right the
sentence imposed upon the defendant on one of the following grounds:

(1)
The sentence consisted of or included the maximum definite prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code or, with respect to a non-life
felony indefinite prison term, the longest minimum prison term
allowed for the offense by division (A)(1)(a) or (2)(a) of section
2929.14 of the Revised Code, the maximum definite prison term or
longest minimum prison term was not required for the offense pursuant
to Chapter 2925. or any other provision of the Revised Code, and the
court imposed the sentence under one of the following circumstances:

(a)
The sentence was imposed for only one offense.

(b)
The sentence was imposed for two or more offenses arising out of a
single incident, and the court imposed the maximum definite prison
term or longest minimum prison term for the offense of the highest
degree.

(2)
The sentence consisted of or included a prison term and the offense
for which it was imposed is a felony of the fourth or fifth degree or
is a felony drug offense that is a violation of a provision of
Chapter 2925. of the Revised Code and that is specified as being
subject to division (B) of section 2929.13 of the Revised Code for
purposes of sentencing. If the court specifies that it found one or
more of the factors in division (B)(1)(b) of section 2929.13 of the
Revised Code to apply relative to the defendant, the defendant is not
entitled under this division to appeal as a matter of right the
sentence imposed upon the offender.

(3)
The person was convicted of or pleaded guilty to a violent sex
offense or a designated homicide, assault, or kidnapping offense, was
adjudicated a sexually violent predator in relation to that offense,
and was sentenced pursuant to division (A)(3) of section 2971.03 of
the Revised Code, if the minimum term of the indefinite term imposed
pursuant to division (A)(3) of section 2971.03 of the Revised Code is
the longest term available for the offense from among the range of
definite terms listed in section 2929.14 of the Revised Code or, with
respect to a non-life felony indefinite prison term, the longest
minimum prison term allowed for the offense by division (A)(1)(a) or
(2)(a) of section 2929.14 of the Revised Code. As used in this
division, "designated homicide, assault, or kidnapping offense"
and "violent sex offense" have the same meanings as in
section 2971.01 of the Revised Code. As used in this division,
"adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same
manner and the same circumstances as are described in that section.

(4)
The sentence is contrary to law.

(5)
The sentence consisted of an additional prison term of ten years
imposed pursuant to division (B)(2)(a) of section 2929.14 of the
Revised Code.

(B)
In addition to any other right to appeal and except as provided in
division (D) of this section, a prosecuting attorney, a city director
of law, village solicitor, or similar chief legal officer of a
municipal corporation, or the attorney general, if one of those
persons prosecuted the case, may appeal as a matter of right a
sentence imposed upon a defendant who is convicted of or pleads
guilty to a felony or, in the circumstances described in division
(B)(3) of this section the modification of a sentence imposed upon
such a defendant, on any of the following grounds:

(1)
The sentence did not include a prison term despite a presumption
favoring a prison term for the offense for which it was imposed, as
set forth in section 2929.13 or Chapter 2925. of the Revised Code.

(2)
The sentence is contrary to law.

(3)
The sentence is a modification under section 2929.20 of the Revised
Code of a sentence that was imposed for a felony of the first or
second degree.

(C)(1)
In addition to the right to appeal a sentence granted under division
(A) or (B) of this section, a defendant who is convicted of or pleads
guilty to a felony may seek leave to appeal a sentence imposed upon
the defendant on the basis that the sentencing judge has imposed
consecutive sentences under division (C)(3) of section 2929.14 of the
Revised Code and that the consecutive sentences exceed the maximum
definite prison term allowed by division (A) of that section for the
most serious offense of which the defendant was convicted or, with
respect to a non-life felony indefinite prison term, exceed the
longest minimum prison term allowed by division (A)(1)(a) or (2)(a)
of that section for the most serious such offense. Upon the filing of
a motion under this division, the court of appeals may grant leave to
appeal the sentence if the court determines that the allegation
included as the basis of the motion is true.

(2)
A defendant may seek leave to appeal an additional sentence imposed
upon the defendant pursuant to division (B)(2)(a) or (b) of section
2929.14 of the Revised Code if the additional sentence is for a
definite prison term that is longer than five years.

(D)(1)
A sentence imposed upon a defendant is not subject to review under
this section if the sentence is authorized by law, has been
recommended jointly by the defendant and the prosecution in the case,
and is imposed by a sentencing judge.

(2)
Except as provided in division (C)(2) of this section, a sentence
imposed upon a defendant is not subject to review under this section
if the sentence is imposed pursuant to division (B)(2)(b) of section
2929.14 of the Revised Code. Except as otherwise provided in this
division, a defendant retains all rights to appeal as provided under
this chapter or any other provision of the Revised Code. A defendant
has the right to appeal under this chapter or any other provision of
the Revised Code the court's application of division (B)(2)(c) of
section 2929.14 of the Revised Code.

(3)
A sentence imposed for aggravated murder or murder pursuant to

sections

section

2929.02

to
2929.06
of
the Revised Code is not subject to review under this section.

(E)
A defendant, prosecuting attorney, city director of law, village
solicitor, or chief municipal legal officer shall file an appeal of a
sentence under this section to a court of appeals within the time
limits specified in Rule 4(B) of the Rules of Appellate Procedure,
provided that if the appeal is pursuant to division (B)(3) of this
section, the time limits specified in that rule shall not commence
running until the court grants the motion that makes the sentence
modification in question. A sentence appeal under this section shall
be consolidated with any other appeal in the case. If no other appeal
is filed, the court of appeals may review only the portions of the
trial record that pertain to sentencing.

(F)
On the appeal of a sentence under this section, the record to be
reviewed shall include all of the following, as applicable:

(1)
Any presentence, psychiatric, or other investigative report that was
submitted to the court in writing before the sentence was imposed. An
appellate court that reviews a presentence investigation report
prepared pursuant to section 2947.06 or 2951.03 of the Revised Code
or Criminal Rule 32.2 in connection with the appeal of a sentence
under this section shall comply with division (D)(3) of section
2951.03 of the Revised Code when the appellate court is not using the
presentence investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal of a sentence under this section does not affect the
otherwise confidential character of the contents of that report as
described in division (D)(1) of section 2951.03 of the Revised Code
and does not cause that report to become a public record, as defined
in section 149.43 of the Revised Code, following the appellate
court's use of the report.

(2)
The trial record in the case in which the sentence was imposed;

(3)
Any oral or written statements made to or by the court at the
sentencing hearing at which the sentence was imposed;

(4)
Any written findings that the court was required to make in
connection with the modification of the sentence pursuant to a
judicial release under division (I) of section 2929.20 of the Revised
Code.

(G)(1)
If the sentencing court was required to make the findings required by
division (B) or (D) of section 2929.13 or division (I) of section
2929.20 of the Revised Code, or to state the findings of the trier of
fact required by division (B)(2)(e) of section 2929.14 of the Revised
Code, relative to the imposition or modification of the sentence, and
if the sentencing court failed to state the required findings on the
record, the court hearing an appeal under division (A), (B), or (C)
of this section shall remand the case to the sentencing court and
instruct the sentencing court to state, on the record, the required
findings.

(2)
The court hearing an appeal under division (A), (B), or (C) of this
section shall review the record, including the findings underlying
the sentence or modification given by the sentencing court.

The
appellate court may increase, reduce, or otherwise modify a sentence
that is appealed under this section or may vacate the sentence and
remand the matter to the sentencing court for resentencing. The
appellate court's standard for review is not whether the sentencing
court abused its discretion. The appellate court may take any action
authorized by this division if it clearly and convincingly finds
either of the following:

(a)
That the record does not support the sentencing court's findings
under division (B) or (D) of section 2929.13, division (B)(2)(e) or
(C)(4) of section 2929.14, or division (I) of section 2929.20 of the
Revised Code, whichever, if any, is relevant;

(b)
That the sentence is otherwise contrary to law.

(H)
A judgment or final order of a court of appeals under this section
may be appealed, by leave of court, to the supreme court.

(I)
As used in this section, "non-life felony indefinite prison
term" has the same meaning as in section 2929.01 of the Revised
Code.

Sec.
2953.09.
(A)(1)
Upon filing an appeal in the supreme court, the execution of the
sentence or judgment imposed in cases of felony is suspended.

(2)(a)
(2)

If a notice of appeal is filed pursuant to the Rules of Appellate
Procedure by a defendant who is convicted in a municipal or county
court or a court of common pleas of a felony or misdemeanor under the
Revised Code or an ordinance of a municipal corporation, the filing
of the notice of appeal does not suspend execution of the sentence or
judgment imposed. However, consistent with divisions
(A)(2)(b),

(B)
,

and (C) of this section, section 2937.011 of the Revised Code, and
Appellate Rule 8, the municipal or county court, court of common
pleas, or court of appeals may suspend execution of the sentence or
judgment imposed during the pendency of the appeal and shall
determine whether that defendant is entitled to bail and the amount
and nature of any bail that is required. The bail shall at least be
conditioned that the defendant will prosecute the appeal without
delay and abide by the judgment and sentence of the court.

(b)(i)
A court of common pleas or court of appeals may suspend the execution
of a sentence of death imposed for an offense committed before
January 1, 1995, only if no date for execution has been set by the
supreme court, good cause is shown for the suspension, the defendant
files a motion requesting the suspension, and notice has been given
to the prosecuting attorney of the appropriate county.

(ii)
A court of common pleas may suspend the execution of a sentence of
death imposed for an offense committed on or after January 1, 1995,
only if no date for execution has been set by the supreme court, good
cause is shown, the defendant files a motion requesting the
suspension, and notice has been given to the prosecuting attorney of
the appropriate county.

(iii)
A court of common pleas or court of appeals may suspend the execution
of the sentence or judgment imposed for a felony in a capital case in
which a sentence of death is not imposed only if no date for
execution of the sentence has been set by the supreme court, good
cause is shown for the suspension, the defendant files a motion
requesting the suspension, and only after notice has been given to
the prosecuting attorney of the appropriate county.

(B)
Notwithstanding any provision of section 2937.011 of the Revised Code
to the contrary, a trial judge of a court of common pleas shall not
release on bail pursuant to division
(A)(2)(a)
(A)(2)

of this section a defendant who is convicted of a bailable offense if
the defendant is sentenced to imprisonment for life or if that
offense is a violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01,
2911.02, or 2911.11 of the Revised Code or is felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code.

(C)
If a trial judge of a court of common pleas is prohibited by division
(B) of this section from releasing on bail pursuant to division

(A)(2)(a)
(A)(2)

of this section a defendant who is convicted of a bailable offense
and not sentenced to imprisonment for life, the appropriate court of
appeals or two judges of it, upon motion of the defendant and for
good cause shown, may release the defendant on bail in accordance
with division (A)(2) of this section.

Sec.
2953.10.
When
an appeal is taken from a court of appeals to the supreme court, the
supreme court has the same power and authority to suspend the
execution of sentence during the pendency of the appeal and admit the
defendant to bail as does the court of appeals unless another section
of the Revised Code or the Rules of Practice of the Supreme Court
specify a distinct bail or suspension of sentence authority.

When
an appeal in a case in which a sentence of death is imposed for an
offense committed on or after January 1, 1995, is taken directly from
the trial court to the supreme court, the supreme court has the same
power and authority to suspend the execution of the sentence during
the pendency of the appeal and admit the defendant to bail as does
the court of appeals for cases in which a sentence of death is
imposed for an offense committed before January 1, 1995, unless
another section of the Revised Code or the Rules of Practice of the
Supreme Court specify a distinct bail or suspension of sentence
authority.

Sec.
2953.21.
(A)(1)(a)
A person in
any

either

of
the following categories may file a petition in the court that
imposed sentence, stating the grounds for relief relied upon, and
asking the court to vacate or set aside the judgment or sentence or
to grant other appropriate relief:

(i)
Any person who has been convicted of a criminal offense or
adjudicated a delinquent child and who claims that there was such a
denial or infringement of the person's rights as to render the
judgment void or voidable under the Ohio Constitution or the
Constitution of the United States;

(ii)

Any
person who has been convicted of a criminal offense and sentenced to
death and who claims that there was a denial or infringement of the
person's rights under either of those Constitutions that creates a
reasonable probability of an altered verdict;

(iii)

Any
person who has been convicted of a criminal offense that is a felony
and who is an offender for whom DNA testing that was performed under
sections 2953.71 to 2953.81 of the Revised Code or under former
section 2953.82 of the Revised Code and analyzed in the context of
and upon consideration of all available admissible evidence related
to the person's case as described in division (D) of section 2953.74
of the Revised Code provided results that establish, by clear and
convincing evidence, actual innocence of that felony offense

or, if the person was sentenced to death, establish, by clear and
convincing evidence, actual innocence of the aggravating circumstance
or circumstances the person was found guilty of committing and that
is or are the basis of that sentence of death;

(iv)
Any person who has been convicted of aggravated murder and sentenced
to death for the offense and who claims that the person had a serious
mental illness at the time of the commission of the offense and that
as a result the court should render void the sentence of death, with
the filing of the petition constituting the waiver described in
division (A)(3)(b) of this section
.

(b)
A petitioner under division (A)(1)(a) of this section may file a
supporting affidavit and other documentary evidence in support of the
claim for relief.

(c)
As used in division (A)(1)(a) of this section
:

(i)
"Actual
,
"actual

innocence" means that, had the results of the DNA testing
conducted under sections 2953.71 to 2953.81 of the Revised Code or
under former section 2953.82 of the Revised Code been presented at
trial, and had those results been analyzed in the context of and upon
consideration of all available admissible evidence related to the
person's case as described in division (D) of section 2953.74 of the
Revised Code, no reasonable factfinder would have found the
petitioner guilty of the offense of which the petitioner was
convicted
,
or, if the person was sentenced to death, no reasonable factfinder
would have found the petitioner guilty of the aggravating
circumstance or circumstances the petitioner was found guilty of
committing and that is or are the basis of that sentence of death
.

(ii)
"Serious mental illness" has the same meaning as in section
2929.025 of the Revised Code.

(d)
As used in divisions (A)(1)(a) and (c) of this section, "former
section 2953.82 of the Revised Code" means section 2953.82 of
the Revised Code as it existed prior to July 6, 2010.

(e)
At any time in conjunction with the filing of a petition for
postconviction relief under division (A) of this section by a person
who has been sentenced to death, or with the litigation of a petition
so filed, the court, for good cause shown, may authorize the
petitioner in seeking the postconviction relief and the prosecuting
attorney of the county served by the court in defending the
proceeding, to take depositions and to issue subpoenas and subpoenas
duces tecum in accordance with divisions (A)(1)(e), (A)(1)(f), and
(C) of this section, and to any other form of discovery as in a civil
action that the court in its discretion permits. The court may limit
the extent of discovery under this division. In addition to discovery
that is relevant to the claim and was available under Criminal Rule
16 through conclusion of the original criminal trial, the court, for
good cause shown, may authorize the petitioner or prosecuting
attorney to take depositions and issue subpoenas and subpoenas duces
tecum in either of the following circumstances:

(i)
For any witness who testified at trial or who was disclosed by the
state prior to trial, except as otherwise provided in this division,
the petitioner or prosecuting attorney shows clear and convincing
evidence that the witness is material and that a deposition of the
witness or the issuing of a subpoena or subpoena duces tecum is of
assistance in order to substantiate or refute the petitioner's claim
that there is a reasonable probability of an altered verdict. This
division does not apply if the witness was unavailable for trial or
would not voluntarily be interviewed by the defendant or prosecuting
attorney.

(ii)
For any witness with respect to whom division (A)(1)(e)(i) of this
section does not apply, the petitioner or prosecuting attorney shows
good cause that the witness is material and that a deposition of the
witness or the issuing of a subpoena or subpoena duces tecum is of
assistance in order to substantiate or refute the petitioner's claim
that there is a reasonable probability of an altered verdict.

(f)
If a person who has been sentenced to death and who files a petition
for postconviction relief under division (A) of this section requests
postconviction discovery as described in division (A)(1)(e) of this
section or if the prosecuting attorney of the county served by the
court requests postconviction discovery as described in that
division, within ten days after the docketing of the request, or
within any other time that the court sets for good cause shown, the
prosecuting attorney shall respond by answer or motion to the
petitioner's request or the petitioner shall respond by answer or
motion to the prosecuting attorney's request, whichever is
applicable.

(g)
If a person who has been sentenced to death and who files a petition
for postconviction relief under division (A) of this section requests
postconviction discovery as described in division (A)(1)(e) of this
section or if the prosecuting attorney of the county served by the
court requests postconviction discovery as described in that
division, upon motion by the petitioner, the prosecuting attorney, or
the person from whom discovery is sought, and for good cause shown,
the court in which the action is pending may make any order that
justice requires to protect a party or person from oppression or
undue burden or expense, including but not limited to the orders
described in divisions (A)(1)(h)(i) to (viii) of this section. The
court also may make any such order if, in its discretion, it
determines that the discovery sought would be irrelevant to the
claims made in the petition; and if the court makes any such order on
that basis, it shall explain in the order the reasons why the
discovery would be irrelevant.

(h)
If a petitioner, prosecuting attorney, or person from whom discovery
is sought makes a motion for an order under division (A)(1)(g) of
this section and the order is denied in whole or in part, the court,
on terms and conditions as are just, may order that any party or
person provide or permit discovery as described in division (A)(1)(e)
of this section. The provisions of Civil Rule 37(A)(4) apply to the
award of expenses incurred in relation to the motion, except that in
no case shall a court require a petitioner who is indigent to pay
expenses under those provisions.

Before
any person moves for an order under division (A)(1)(g) of this
section, that person shall make a reasonable effort to resolve the
matter through discussion with the petitioner or prosecuting attorney
seeking discovery. A motion for an order under division (A)(1)(g) of
this section shall be accompanied by a statement reciting the effort
made to resolve the matter in accordance with this paragraph.

The
orders that may be made under division (A)(1)(g) of this section
include, but are not limited to, any of the following:

(i)
That the discovery not be had;

(ii)
That the discovery may be had only on specified terms and conditions,
including a designation of the time or place;

(iii)
That the discovery may be had only by a method of discovery other
than that selected by the party seeking discovery;

(iv)
That certain matters not be inquired into or that the scope of the
discovery be limited to certain matters;

(v)
That discovery be conducted with no one present except persons
designated by the court;

(vi)
That a deposition after being sealed be opened only by order of the
court;

(vii)
That a trade secret or other confidential research, development, or
commercial information not be disclosed or be disclosed only in a
designated way;

(viii)
That the parties simultaneously file specified documents or
information enclosed in sealed envelopes to be opened as directed by
the court.

(i)
Any postconviction discovery authorized under division (A)(1)(e) of
this section shall be completed not later than eighteen months after
the start of the discovery proceedings unless, for good cause shown,
the court extends that period for completing the discovery.

(j)
Nothing in division (A)(1)(e) of this section authorizes, or shall be
construed as authorizing, the relitigation, or discovery in support
of relitigation, of any matter barred by the doctrine of res
judicata.

(k)
Division (A)(1) of this section does not apply to any person who has
been convicted of a criminal offense and sentenced to death and who
has unsuccessfully raised the same claims in a petition for
postconviction relief.

(2)(a)
(2)

Except as otherwise provided in section 2953.23 of the Revised Code,
a petition under division
(A)(1)(a)(i),
(ii), or (iii)
(A)(1)(a)

of
this section shall be filed no later than three hundred sixty-five
days after the date on which the trial transcript is filed in the
court of appeals in the direct appeal of the judgment of conviction
or adjudication

or, if the direct appeal involves a sentence of death, the date on
which the trial transcript is filed in the supreme court
.
If no appeal is taken, except as otherwise provided in section
2953.23 of the Revised Code, the petition shall be filed no later
than three hundred sixty-five days after the expiration of the time
for filing the appeal.

(b)
Except as otherwise provided in section 2953.23 of the Revised Code,
a petition under division (A)(1)(a)(iv) of this section shall be
filed not later than three hundred sixty-five days after the
effective date of this amendment

(3)(a)
In a petition filed under division (A)(1)(a)(i), (ii), or (iii) of
this section, a person who has been sentenced to death may ask the
court to render void or voidable the judgment with respect to the
conviction of aggravated murder or the specification of an
aggravating circumstance or the sentence of death.

(b)
A person sentenced to death who files a petition under division
(A)(1)(a)(iv) of this section may ask the court to render void the
sentence of death and to order the resentencing of the person under
division (A) of section 2929.06 of the Revised Code. If a person
sentenced to death files such a petition and asks the court to render
void the sentence of death and to order the resentencing of the
person under division (A) of section 2929.06 of the Revised Code, the
act of filing the petition constitutes a waiver of any right to be
sentenced under the law that existed at the time the offense was
committed and constitutes consent to be sentenced to life
imprisonment without parole under division (A) of section 2929.06 of
the Revised Code.

(4)
(3)

A petitioner shall state in the original or amended petition filed
under division (A) of this section all grounds for relief claimed by
the petitioner. Except as provided in section 2953.23 of the Revised
Code, any ground for relief that is not so stated in the petition is
waived.

(5)

(4)

If
the petitioner in a petition filed under division
(A)(1)(a)(i),
(ii), or (iii)
(A)(1)(a)

of
this section was convicted of or pleaded guilty to a felony, the
petition may include a claim that the petitioner was denied the equal
protection of the laws in violation of the Ohio Constitution or the
United States Constitution because the sentence imposed upon the
petitioner for the felony was part of a consistent pattern of
disparity in sentencing by the judge who imposed the sentence, with
regard to the petitioner's race, gender, ethnic background, or
religion. If the supreme court adopts a rule requiring a court of
common pleas to maintain information with regard to an offender's
race, gender, ethnic background, or religion, the supporting evidence
for the petition shall include, but shall not be limited to, a copy
of that type of information relative to the petitioner's sentence and
copies of that type of information relative to sentences that the
same judge imposed upon other persons.

(6)
Notwithstanding any law or court rule to the contrary, there is no
limit on the number of pages in, or on the length of, a petition
filed under division (A)(1)(a)(i), (ii), (iii), or (iv) of this
section by a person who has been sentenced to death. If any court
rule specifies a limit on the number of pages in, or on the length
of, a petition filed under division (A)(1)(a)(i), (ii), (iii), or
(iv) of this section or on a prosecuting attorney's response to such
a petition by answer or motion and a person who has been sentenced to
death files a petition that exceeds the limit specified for the
petition, the prosecuting attorney may respond by an answer or motion
that exceeds the limit specified for the response.

(B)
The clerk of the court in which the petition for postconviction
relief
and,
if applicable, a request for postconviction discovery described in
division (A)(1)(e) of this section
is
filed shall docket the petition
and
the request
and
bring
them

it

promptly
to the attention of the court. The clerk of the court in which the
petition for postconviction relief
and,
if applicable, a request for postconviction discovery described in
division (A)(1)(e) of this section
is
filed immediately shall forward a copy of the petition
and
a copy of the request if filed by the petitioner
to
the prosecuting attorney of the county served by the court.

If the request for postconviction discovery is filed by the
prosecuting attorney, the clerk of the court immediately shall
forward a copy of the request to the petitioner or the petitioner's
counsel.

(C)

If
a person who has been sentenced to death and who files a petition for
postconviction relief under division (A)(1)(a)(i), (ii), (iii), or
(iv) of this section requests a deposition or the prosecuting
attorney in the case requests a deposition, and if the court grants
the request under division (A)(1)(e) of this section, the court shall
notify the petitioner or the petitioner's counsel and the prosecuting
attorney. The deposition shall be conducted pursuant to divisions
(B), (D), and (E) of Criminal Rule 15. Notwithstanding division (C)
of Criminal Rule 15, the petitioner is not entitled to attend the
deposition. The prosecuting attorney shall be permitted to attend and
participate in any deposition.

(D)

The
court shall consider a petition that is timely filed within the
period specified in division (A)(2) of this section even if a direct
appeal of the judgment is pending. Before granting a hearing on a
petition filed under division (A)(1)(a)(i)
,

or

(ii)
,
(iii), or (iv)

of this section, the court shall determine whether there are
substantive grounds for relief. In making such a determination, the
court shall consider, in addition to the petition, the supporting
affidavits, and the documentary evidence, all the files and records
pertaining to the proceedings against the petitioner, including, but
not limited to, the indictment, the court's journal entries, the
journalized records of the clerk of the court, and the court
reporter's transcript. The court reporter's transcript, if ordered
and certified by the court, shall be taxed as court costs. If the
court dismisses the petition, it shall make and file findings of fact
and conclusions of law with respect to such dismissal.

If the petition was filed by a person who has been sentenced to
death, the findings of fact and conclusions of law shall state
specifically the reasons for the dismissal of the petition and of
each claim it contains.

(E)

(D)

Within
ten days after the docketing of the petition, or within any further
time that the court may fix for good cause shown, the prosecuting
attorney shall respond by answer or motion.
Division
(A)(6) of this section applies with respect to the prosecuting
attorney's response.
Within
twenty days from the date the issues are raised, either party may
move for summary judgment. The right to summary judgment shall appear
on the face of the record.

(F)

(E)

Unless
the petition and the files and records of the case show the
petitioner is not entitled to relief, the court shall proceed to a
prompt hearing on the issues even if a direct appeal of the case is
pending. If the court notifies the parties that it has found grounds
for granting relief, either party may request an appellate court in
which a direct appeal of the judgment is pending to remand the
pending case to the court.

With
respect to a petition filed under division (A)(1)(a)(iv) of this
section, the procedures and rules regarding introduction of evidence
and burden of proof at the pretrial hearing that are set forth in
divisions (C), (D), and (F) of section 2929.025 of the Revised Code
apply in considering the petition. With respect to such a petition,
the grounds for granting relief are that the person has been
diagnosed with one or more of the conditions set forth in division
(A)(1)(a) of section 2929.025 of the Revised Code and that, at the
time of the aggravated murder that was the basis of the sentence of
death, the condition or conditions significantly impaired the
person's capacity in a manner described in division (A)(1)(b) of that
section.

(G)
A petitioner who files a petition under division (A)(1)(a)(i), (ii),
(iii), or (iv) of this section may amend the petition as follows:

(1)
If the petition was filed by a person who has been sentenced to
death, at any time that is not later than one hundred eighty days
after the petition is filed, the petitioner may amend the petition
with or without leave or prejudice to the proceedings.

(2)
If division (G)(1) of this section does not apply, at
(F)
At
any
time before the answer or motion is filed, the petitioner may amend
the petition with or without leave or prejudice to the proceedings.

(3)

The
petitioner may amend the petition with leave of court at any time

after
the expiration of the applicable period specified in division (G)(1)
or (2) of this section
thereafter
.

(H)

(G)

If
the court does not find grounds for granting relief, it shall make
and file findings of fact and conclusions of law and shall enter
judgment denying relief on the petition.
If
the petition was filed by a person who has been sentenced to death,
the findings of fact and conclusions of law shall state specifically
the reasons for the denial of relief on the petition and of each
claim it contains.
If
no direct appeal of the case is pending and the court finds grounds
for relief or if a pending direct appeal of the case has been
remanded to the court pursuant to a request made pursuant to division

(F)

(E)

of
this section and the court finds grounds for granting relief, it
shall make and file findings of fact and conclusions of law and shall
enter a judgment that vacates and sets aside the judgment in
question, and, in the case of a petitioner who is a prisoner in
custody, except as otherwise described in this division, shall
discharge or resentence the petitioner or grant a new trial as the
court determines appropriate.
If
the court finds grounds for relief in the case of a petitioner who
filed a petition under division (A)(1)(a)(iv) of this section, the
court shall render void the sentence of death and order the
resentencing of the offender under division (A) of section 2929.06 of
the Revised Code. If the petitioner has been sentenced to death, the
findings of fact and conclusions of law shall state specifically the
reasons for the finding of grounds for granting the relief, with
respect to each claim contained in the petition.
The
court also may make supplementary orders to the relief granted,
concerning such matters as rearraignment, retrial, custody, and bail.
If the trial court's order granting the petition is reversed on
appeal and if the direct appeal of the case has been remanded from an
appellate court pursuant to a request under division
(F)

(E)

of
this section, the appellate court reversing the order granting the
petition shall notify the appellate court in which the direct appeal
of the case was pending at the time of the remand of the reversal and
remand of the trial court's order. Upon the reversal and remand of
the trial court's order granting the petition, regardless of whether
notice is sent or received, the direct appeal of the case that was
remanded is reinstated.

(I)
Upon the filing of a petition pursuant to division (A)(1)(a)(i),
(ii), (iii), or (iv) of this section by a person sentenced to death,
only the supreme court may stay execution of the sentence of death.

(J)(1)
If a person sentenced to death intends to file a petition under this
section, the court shall appoint counsel to represent the person upon
a finding that the person is indigent and that the person either
accepts the appointment of counsel or is unable to make a competent
decision whether to accept or reject the appointment of counsel. The
court may decline to appoint counsel for the person only upon a
finding, after a hearing if necessary, that the person rejects the
appointment of counsel and understands the legal consequences of that
decision or upon a finding that the person is not indigent.

(2)
The court shall not appoint as counsel under division (J)(1) of this
section an attorney who represented the petitioner at trial in the
case to which the petition relates unless the person and the attorney
expressly request the appointment. The court shall appoint as counsel
under division (J)(1) of this section only an attorney who is
certified under Rule 20 of the Rules of Superintendence for the
Courts of Ohio to represent indigent defendants charged with or
convicted of an offense for which the death penalty can be or has
been imposed. The ineffectiveness or incompetence of counsel during
proceedings under this section does not constitute grounds for relief
in a proceeding under this section, in an appeal of any action under
this section, or in an application to reopen a direct appeal.

(3)
Division (J) of this section does not preclude attorneys who
represent the state of Ohio from invoking the provisions of 28 U.S.C.
154 with respect to capital cases that were pending in federal habeas
corpus proceedings prior to July 1, 1996, insofar as the petitioners
in those cases were represented in proceedings under this section by
one or more counsel appointed by the court under this section or
section 120.06, 120.16, 120.26, or 120.33 of the Revised Code and
those appointed counsel meet the requirements of division (J)(2) of
this section.

(K)

(H)

Subject
to the appeal of a sentence for a felony that is authorized by
section 2953.08 of the Revised Code, the remedy set forth in this
section is the exclusive remedy by which a person may bring a
collateral challenge to the validity of a conviction or sentence in a
criminal case or to the validity of an adjudication of a child as a
delinquent child for the commission of an act that would be a
criminal offense if committed by an adult or the validity of a
related order of disposition.

Sec.
2953.23.
(A)
Whether a hearing is or is not held on a petition filed pursuant to
section 2953.21 of the Revised Code, a court may not entertain a
petition filed after the expiration of the period prescribed in
division (A) of that section or a second petition or successive
petitions for similar relief on behalf of a petitioner unless
division (A)(1) or (2) of this section applies:

(1)
Both of the following apply:

(a)
Either the petitioner shows that the petitioner was unavoidably
prevented from discovery of the facts upon which the petitioner must
rely to present the claim for relief, or, subsequent to the period
prescribed in division (A)(2) of section 2953.21 of the Revised Code
or to the filing of an earlier petition, the United States Supreme
Court recognized a new federal or state right that applies
retroactively to persons in the petitioner's situation, and the
petition asserts a claim based on that right.

(b)
The petitioner shows by clear and convincing evidence that, but for
constitutional error at trial, no reasonable factfinder would have
found the petitioner guilty of the offense of which the petitioner
was convicted

or, if the claim challenges a sentence of death that, but for
constitutional error at the sentencing hearing, no reasonable
factfinder would have found the petitioner eligible for the death
sentence
.

(2)
The petitioner was convicted of a felony, the petitioner is an
offender for whom DNA testing was performed under sections 2953.71 to
2953.81 of the Revised Code or under former section 2953.82 of the
Revised Code and analyzed in the context of and upon consideration of
all available admissible evidence related to the inmate's case as
described in division (D) of section 2953.74 of the Revised Code, and
the results of the DNA testing establish, by clear and convincing
evidence, actual innocence of that felony offense

or, if the person was sentenced to death, establish, by clear and
convincing evidence, actual innocence of the aggravating circumstance
or circumstances the person was found guilty of committing and that
is or are the basis of that sentence of death
.

As
used in this division, "actual innocence" has the same
meaning as in division (A)(1)(c) of section 2953.21 of the Revised
Code, and "former section 2953.82 of the Revised Code" has
the same meaning as in division (A)(1)(d) of section 2953.21 of the
Revised Code.

(B)
An order awarding or denying relief sought in a petition filed
pursuant to section 2953.21 of the Revised Code is a final judgment
and may be appealed pursuant to Chapter 2953. of the Revised Code.

If
a petition filed pursuant to section 2953.21 of the Revised Code by a
person who has been sentenced to death is denied and the person
appeals the judgment, notwithstanding any law or court rule to the
contrary, there is no limit on the number of pages in, or on the
length of, a notice of appeal or briefs related to an appeal filed by
the person. If any court rule specifies a limit on the number of
pages in, or on the length of, a notice of appeal or briefs described
in this division or on a prosecuting attorney's response or briefs
with respect to such an appeal and a person who has been sentenced to
death files a notice of appeal or briefs that exceed the limit
specified for the petition, the prosecuting attorney may file a
response or briefs that exceed the limit specified for the answer or
briefs.

Sec.
2953.71.
As
used in sections 2953.71 to 2953.83 of the Revised Code:

(A)
"Application" or "application for DNA testing"
means a request through postconviction relief for the state to do DNA
testing on biological material from the case in which the offender
was convicted of the offense for which the offender is an eligible
offender and is requesting the DNA testing under sections 2953.71 to
2953.81 of the Revised Code.

(B)
"Biological material" means any product of a human body
containing DNA.

(C)
"Chain of custody" means a record or other evidence that
tracks a subject sample of biological material from the time the
biological material was first obtained until the time it currently
exists in its place of storage and, in relation to a DNA sample, a
record or other evidence that tracks the DNA sample from the time it
was first obtained until it currently exists in its place of storage.
For purposes of this division, examples of when biological material
or a DNA sample is first obtained include, but are not limited to,
obtaining the material or sample at the scene of a crime, from a
victim, from an offender, or in any other manner or time as is
appropriate in the facts and circumstances present.

(D)
"Custodial agency" means the group or entity that has the
responsibility to maintain biological material in question.

(E)
"Custodian" means the person who is the primary
representative of a custodial agency.

(F)
"Eligible offender" means an offender who is eligible under
division (C) of section 2953.72 of the Revised Code to request DNA
testing to be conducted under sections 2953.71 to 2953.81 of the
Revised Code.

(G)
"Exclusion" or "exclusion result" means a result
of DNA testing that scientifically precludes or forecloses the
subject offender as a contributor of biological material recovered
from the crime scene or victim in question, in relation to the
offense for which the offender is an eligible offender and for which
the
sentence
of death or
prison
term was imposed upon the offender.

(H)
"Extracting personnel" means medically approved personnel
who are employed to physically obtain an offender's DNA specimen for
purposes of DNA testing under sections 2953.71 to 2953.81 of the
Revised Code.

(I)
"Inclusion" or "inclusion result" means a result
of DNA testing that scientifically cannot exclude, or that holds
accountable, the subject offender as a contributor of biological
material recovered from the crime scene or victim in question, in
relation to the offense for which the offender is an eligible
offender and for which the
sentence
of death or
prison
term was imposed upon the offender.

(J)
"Inconclusive" or "inconclusive result" means a
result of DNA testing that is rendered when a scientifically
appropriate and definitive DNA analysis or result, or both, cannot be
determined.

(K)
"Offender" means a criminal offender who was sentenced by a
court, or by a jury and a court, of this state.

(L)
"Outcome determinative" means that had the results of DNA
testing of the subject offender been presented at the trial of the
subject offender requesting DNA testing and been found relevant and
admissible with respect to the felony offense for which the offender
is an eligible offender and is requesting the DNA testing, and had
those results been analyzed in the context of and upon consideration
of all available admissible evidence related to the offender's case
as described in division (D) of section 2953.74 of the Revised Code,
there is a strong probability that no reasonable factfinder would
have found the offender guilty of that offense

or, if the offender was sentenced to death relative to that offense,
would have found the offender guilty of the aggravating circumstance
or circumstances the offender was found guilty of committing and that
is or are the basis of that sentence of death
.

(M)
"Parent sample" means the biological material first
obtained from a crime scene or a victim of an offense for which an
offender is an eligible offender, and from which a sample will be
presently taken to do a DNA comparison to the DNA of the subject
offender under sections 2953.71 to 2953.81 of the Revised Code.

(N)
"Prison" and "community control sanction" have
the same meanings as in section 2929.01 of the Revised Code.

(O)
"Prosecuting attorney" means the prosecuting attorney who,
or whose office, prosecuted the case in which the subject offender
was convicted of the offense for which the offender is an eligible
offender and is requesting the DNA testing.

(P)
"Prosecuting authority" means the prosecuting attorney or
the attorney general.

(Q)
"Reasonable diligence" means a degree of diligence that is
comparable to the diligence a reasonable person would employ in
searching for information regarding an important matter in the
person's own life.

(R)
"Testing authority" means a laboratory at which DNA testing
will be conducted under sections 2953.71 to 2953.81 of the Revised
Code.

(S)
"Parole" and "post-release control" have the same
meanings as in section 2967.01 of the Revised Code.

(T)
"Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.

(U)
"Definitive DNA test" means a DNA test that clearly
establishes that biological material from the perpetrator of the
crime was recovered from the crime scene and also clearly establishes
whether or not the biological material is that of the eligible
offender. A prior DNA test is not definitive if the eligible offender
proves by a preponderance of the evidence that because of advances in
DNA technology there is a possibility of discovering new biological
material from the perpetrator that the prior DNA test may have failed
to discover. Prior testing may have been a prior "definitive DNA
test" as to some biological evidence but may not have been a
prior "definitive DNA test" as to other biological
evidence.

Sec.
2953.72.
(A)
Any eligible offender who wishes to request DNA testing under
sections 2953.71 to 2953.81 of the Revised Code shall submit an
application for the testing to the court of common pleas specified in
section 2953.73 of the Revised Code, on a form prescribed by the
attorney general for this purpose. The eligible offender shall submit
the application in accordance with the procedures set forth in
section 2953.73 of the Revised Code. The eligible offender shall
specify on the application the offense or offenses for which the
offender is an eligible offender and is requesting the DNA testing.
Along with the application, the eligible offender shall submit an
acknowledgment that is on a form prescribed by the attorney general
for this purpose and that is signed by the offender. The
acknowledgment shall set forth all of the following:

(1)
That sections 2953.71 to 2953.81 of the Revised Code contemplate
applications for DNA testing of an eligible offender at a stage of a
prosecution or case after the offender has been sentenced, that any
exclusion or inclusion result of DNA testing rendered pursuant to
those sections may be used by a party in any proceeding as described
in section 2953.81 of the Revised Code, and that all requests for any
DNA testing made at trial will continue to be handled by the
prosecuting attorney in the case;

(2)
That the process of conducting postconviction DNA testing for an
eligible offender under sections 2953.71 to 2953.81 of the Revised
Code begins when the offender submits an application under section
2953.73 of the Revised Code and the acknowledgment described in this
section;

(3)
That the eligible offender must submit the application and
acknowledgment to the court of common pleas that heard the case in
which the offender was convicted of the offense for which the
offender is an eligible offender and is requesting the DNA testing;

(4)
That the state has established a set of criteria set forth in section
2953.74 of the Revised Code by which eligible offender applications
for DNA testing will be screened and that a judge of a court of
common pleas upon receipt of a properly filed application and
accompanying acknowledgment will apply those criteria to determine
whether to accept or reject the application;

(5)
That the results of DNA testing conducted under sections 2953.71 to
2953.81 of the Revised Code will be provided as described in section
2953.81 of the Revised Code to all parties in the postconviction
proceedings and will be reported to various courts;

(6)
That, if DNA testing is conducted with respect to an offender under
sections 2953.71 to 2953.81 of the Revised Code, the state will not
offer the offender a retest if an inclusion result is achieved
relative to the testing and that, if the state were to offer a retest
after an inclusion result, the policy would create an atmosphere in
which endless testing could occur and in which postconviction
proceedings could be stalled for many years;

(7)
That, if the court rejects an eligible offender's application for DNA
testing because the offender does not satisfy the acceptance criteria
described in division (A)(4) of this section, the court will not
accept or consider subsequent applications;

(8)
That the acknowledgment memorializes the provisions of sections
2953.71 to 2953.81 of the Revised Code with respect to the
application of postconviction DNA testing to offenders, that those
provisions do not give any offender any additional constitutional
right that the offender did not already have, that the court has no
duty or obligation to provide postconviction DNA testing to
offenders, that the court of common pleas has the sole discretion
subject to an appeal as described in this division to determine
whether an offender is an eligible offender and whether an eligible
offender's application for DNA testing satisfies the acceptance
criteria described in division (A)(4) of this section and whether the
application should be accepted or rejected, that if the court of
common pleas rejects an eligible offender's application, the offender
may
seek
leave of the supreme court to appeal the rejection to that court if
the offender was sentenced to death for the offense for which the
offender is requesting the DNA testing and, if the offender was not
sentenced to death for that offense, may
appeal
the rejection to the court of appeals, and that no determination
otherwise made by the court of common pleas in the exercise of its
discretion regarding the eligibility of an offender or regarding
postconviction DNA testing under those provisions is reviewable by or
appealable to any court;

(9)
That the manner in which sections 2953.71 to 2953.81 of the Revised
Code with respect to the offering of postconviction DNA testing to
offenders are carried out does not confer any constitutional right
upon any offender, that the state has established guidelines and
procedures relative to those provisions to ensure that they are
carried out with both justice and efficiency in mind, and that an
offender who participates in any phase of the mechanism contained in
those provisions, including, but not limited to, applying for DNA
testing and being rejected, having an application for DNA testing
accepted and not receiving the test, or having DNA testing conducted
and receiving unfavorable results, does not gain as a result of the
participation any constitutional right to challenge, or, except as
provided in division (A)(8) of this section, any right to any review
or appeal of, the manner in which those provisions are carried out;

(10)
That the most basic aspect of sections 2953.71 to 2953.81 of the
Revised Code is that, in order for DNA testing to occur, there must
be an offender sample against which other evidence may be compared,
that, if an eligible offender's application is accepted but the
offender subsequently refuses to submit to the collection of the
sample of biological material from the offender or hinders the state
from obtaining a sample of biological material from the offender, the
goal of those provisions will be frustrated, and that an offender's
refusal or hindrance shall cause the court to rescind its prior
acceptance of the application for DNA testing for the offender and
deny the application.

(B)
The attorney general shall prescribe a form to be used to make an
application for DNA testing under division (A) of this section and
section 2953.73 of the Revised Code and a form to be used to provide
the acknowledgment described in division (A) of this section. The
forms shall include all information described in division (A) of this
section, spaces for an offender to insert all information necessary
to complete the forms, including, but not limited to, specifying the
offense or offenses for which the offender is an eligible offender
and is requesting the DNA testing, and any other information or
material the attorney general determines is necessary or relevant.
The attorney general shall distribute copies of the prescribed forms
to the department of rehabilitation and correction, the department
shall ensure that each prison in which offenders are housed has a
supply of copies of the forms, and the department shall ensure that
copies of the forms are provided free of charge to any offender who
requests them.

(C)(1)
An offender is eligible to request DNA testing to be conducted under
sections 2953.71 to 2953.81 of the Revised Code only if all of the
following apply:

(a)
The offense for which the offender claims to be an eligible offender
is a felony, and the offender was convicted by a judge or jury of
that offense.

(b)
One of the following applies:

(i)
The offender was sentenced to a prison term
or
sentence of death
for
the felony described in division (C)(1)(a) of this section, and the
offender is in prison serving that prison term

or under that sentence of death
,
has been paroled or is on probation regarding that felony, is under
post-release control regarding that felony, or has been released from
that prison term and is under a community control sanction regarding
that felony.

(ii)
The offender was not sentenced to a prison term
or
sentence of death
for
the felony described in division (C)(1)(a) of this section, but was
sentenced to a community control sanction for that felony and is
under that community control sanction.

(iii)
The felony described in division (C)(1)(a) of this section was a
sexually oriented offense or child-victim oriented offense, and the
offender has a duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code relative to that felony.

(2)
An offender is not an eligible offender under division (C)(1) of this
section regarding any offense to which the offender pleaded guilty or
no contest.

(3)
An offender is not an eligible offender under division (C)(1) of this
section regarding any offense if the offender dies prior to
submitting an application for DNA testing related to that offense
under section 2953.73 of the Revised Code.

Sec.
2953.73.
(A)
An eligible offender who wishes to request DNA testing to be
conducted under sections 2953.71 to 2953.81 of the Revised Code shall
submit an application for DNA testing on a form prescribed by the
attorney general for this purpose and shall submit the form to the
court of common pleas that sentenced the offender for the offense for
which the offender is an eligible offender and is requesting DNA
testing.

(B)
If an eligible offender submits an application for DNA testing under
division (A) of this section, upon the submission of the application,
all of the following apply:

(1)
The eligible offender shall serve a copy of the application on the
prosecuting attorney and the attorney general.

(2)
The application shall be assigned to the judge of that court of
common pleas who was the trial judge in the case in which the
eligible offender was convicted of the offense for which the offender
is requesting DNA testing, or, if that judge no longer is a judge of
that court, it shall be assigned according to court rules. The judge
to whom the application is assigned shall decide the application. The
application shall become part of the file in the case.

(C)
If an eligible offender submits an application for DNA testing under
division (A) of this section, regardless of whether the offender has
commenced any federal habeas corpus proceeding relative to the case
in which the offender was convicted of the offense for which the
offender is an eligible offender and is requesting DNA testing, any
response to the application by the prosecuting attorney or the
attorney general shall be filed not later than forty-five days after
the date on which the eligible offender submits the application. The
prosecuting attorney or the attorney general, or both, may, but are
not required to, file a response to the application. If the
prosecuting attorney or the attorney general files a response under
this division, the prosecuting attorney or attorney general, whoever
filed the response, shall serve a copy of the response on the
eligible offender.

(D)
If an eligible offender submits an application for DNA testing under
division (A) of this section, the court shall make the determination
as to whether the application should be accepted or rejected. The
court shall expedite its review of the application. The court shall
make the determination in accordance with the criteria and procedures
set forth in sections 2953.74 to 2953.81 of the Revised Code and, in
making the determination, shall consider the application, the
supporting affidavits, and the documentary evidence and, in addition
to those materials, shall consider all the files and records
pertaining to the proceedings against the applicant, including, but
not limited to, the indictment, the court's journal entries, the
journalized records of the clerk of the court, and the court
reporter's transcript and all responses to the application filed
under division (C) of this section by a prosecuting attorney or the
attorney general, unless the application and the files and records
show the applicant is not entitled to DNA testing, in which case the
application may be denied. The court is not required to conduct an
evidentiary hearing in conducting its review of, and in making its
determination as to whether to accept or reject, the application.
Upon making its determination, the court shall enter a judgment and
order that either accepts or rejects the application and that
includes within the judgment and order the reasons for the acceptance
or rejection as applied to the criteria and procedures set forth in
sections 2953.71 to 2953.81 of the Revised Code. The court shall send
a copy of the judgment and order to the eligible offender who filed
it, the prosecuting attorney, and the attorney general.

(E)
A judgment and order of a court entered under division (D) of this
section is appealable only as provided in this division. If an
eligible offender submits an application for DNA testing under
section 2953.73 of the Revised Code and the court of common pleas
rejects the application under division (D) of this section,
one
of the following applies:

(1)
If the offender was sentenced to death for the offense for which the
offender claims to be an eligible offender and is requesting DNA
testing, the offender may seek leave of the supreme court to appeal
the rejection to the supreme court. Courts of appeals do not have
jurisdiction to review any rejection if the offender was sentenced to
death for the offense for which the offender claims to be an eligible
offender and is requesting DNA testing.

(2)
If the offender was not sentenced to death for the offense for which
the offender claims to be an eligible offender and is requesting DNA
testing,
the
rejection is a final appealable order, and the offender may appeal it
to the court of appeals of the district in which is located that
court of common pleas.

(F)
Notwithstanding any provision of law regarding fees and costs, no
filing fee shall be required of, and no court costs shall be assessed
against, an eligible offender who is indigent and who submits an
application under this section.

(G)
If a court rejects an eligible offender's application for DNA testing
under division (D) of this section, unless the rejection is
overturned on appeal, no court shall require the state to administer
a DNA test under sections 2953.71 to 2953.81 of the Revised Code on
the eligible offender.

Sec.
2953.81.
If
an eligible offender submits an application for DNA testing under
section 2953.73 of the Revised Code and if DNA testing is performed
based on that application, upon completion of the testing, all of the
following apply:

(A)
The court or a designee of the court shall require the state to
maintain the results of the testing and to maintain and preserve both
the parent sample of the biological material used and the offender
sample of the biological material used. The testing authority may be
designated as the person to maintain the results of the testing or to
maintain and preserve some or all of the samples, or both. The
results of the testing remain state's evidence. The samples shall be
preserved during the entire period of time for which the offender is
imprisoned or confined relative to the sentence in question, is on
parole or probation relative to that sentence, is under post-release
control or a community control sanction relative to that sentence, or
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code relative to that sentence. Additionally,
if the prison term or confinement under the sentence in question
expires
,
if the sentence in question is a sentence of death and the offender
is executed,

or if the parole or probation period, the period of post-release
control, the community control sanction, or the duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code
under the sentence in question ends, the samples shall be preserved
for a reasonable period of time of not less than twenty-four months
after the term or confinement expires
,
the offender is executed,

or the parole or probation period, the period of post-release
control, the community control sanction, or the duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code
ends, whichever is applicable. The court shall determine the period
of time that is reasonable for purposes of this division, provided
that the period shall not be less than twenty-four months after the
term or confinement expires
,
the offender is executed,

or the parole or probation period, the period of post-release
control, the community control sanction, or the duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code
ends, whichever is applicable.

(B)
The results of the testing are a public record.

(C)
The court or the testing authority shall provide a copy of the
results of the testing to the prosecuting attorney, the attorney
general, and the subject offender.

(D)
If the postconviction proceeding in question is pending at that time
in a court of this state, the court of common pleas that decided the
DNA application or the testing authority shall provide a copy of the
results of the testing to any court of this state, and, if it is
pending in a federal court, the court of common pleas that decided
the DNA application or the testing authority shall provide a copy of
the results of the testing to that federal court.

(E)
The testing authority shall provide a copy of the results of the
testing to the court of common pleas that decided the DNA
application.

(F)
The offender or the state may enter the results of the testing into
any proceeding.

Sec.
2967.05.
(A)
As used in this section:

(1)
"Imminent danger of death" means that the inmate has a
medically diagnosable condition that will cause death to occur within
a short period of time.

As
used in division (A)(1) of this section, "within a short period
of time" means generally within six months.

(2)(a)
"Medically incapacitated" means any diagnosable medical
condition, including mental dementia and severe, permanent medical or
cognitive disability, that prevents the inmate from completing
activities of daily living without significant assistance, that
incapacitates the inmate to the extent that institutional confinement
does not offer additional restrictions, that is likely to continue
throughout the entire period of parole, and that is unlikely to
improve noticeably.

(b)
"Medically incapacitated" does not include conditions
related solely to mental illness unless the mental illness is
accompanied by injury, disease, or organic defect.

(3)(a)
"Terminal illness" means a condition that satisfies all of
the following criteria:

(i)
The condition is irreversible and incurable and is caused by disease,
illness, or injury from which the inmate is unlikely to recover.

(ii)
In accordance with reasonable medical standards and a reasonable
degree of medical certainty, the condition is likely to cause death
to the inmate within twelve months.

(iii)
Institutional confinement of the inmate does not offer additional
protections for public safety or against the inmate's risk to
reoffend.

(b)
The department of rehabilitation and correction shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement the
definition of "terminal illness" in division (A)(3)(a) of
this section.

(B)
Upon the recommendation of the director of rehabilitation and
correction, accompanied by a certificate of the attending physician
that an inmate is terminally ill, medically incapacitated, or in
imminent danger of death, the governor may order the inmate's release
as if on parole, reserving the right to return the inmate to the
institution pursuant to this section. If, subsequent to the inmate's
release, the inmate's health improves so that the inmate is no longer
terminally ill, medically incapacitated, or in imminent danger of
death, the inmate shall be returned, by order of the governor, to the
institution from which the inmate was released. If the inmate
violates any rules or conditions applicable to the inmate, the inmate
may be returned to an institution under the control of the department
of rehabilitation and correction. The governor may direct the adult
parole authority to investigate or cause to be investigated the
inmate and make a recommendation. An inmate released under this
section shall be subject to supervision by the adult parole authority
in accordance with any recommendation of the adult parole authority
that is approved by the governor. The adult parole authority shall
adopt rules pursuant to section 119.03 of the Revised Code to
establish the procedure for medical release of an inmate when an
inmate is terminally ill, medically incapacitated, or in imminent
danger of death.

(C)
No inmate is eligible for release under this section if the inmate is
serving
a
death sentence,
a
sentence of life without parole, a sentence under Chapter 2971. of
the Revised Code for a felony of the first or second degree, a
sentence for aggravated murder or murder, or a mandatory prison term
for an offense of violence or any specification described in Chapter
2941. of the Revised Code.

Sec.
2967.12.
(A)
Except as provided in division (G) of this section, at least sixty
days before the adult parole authority recommends any pardon or
commutation of sentence, or grants any parole, the authority shall
provide a notice of the pendency of the pardon, commutation, or
parole, setting forth the name of the person on whose behalf it is
made, the offense of which the person was convicted or to which the
person pleaded guilty, the time of conviction or the guilty plea, and
the term of the person's sentence, to the prosecuting attorney and
the judge of the court of common pleas of the county in which the
indictment against the person was found. If there is more than one
judge of that court of common pleas, the authority shall provide the
notice to the presiding judge. Upon the request of the prosecuting
attorney or of any law enforcement agency, the authority shall
provide to the requesting prosecuting attorney and law enforcement
agencies an institutional summary report that covers the subject
person's participation while confined in a state correctional
institution in training, work, and other rehabilitative activities
and any disciplinary action taken against the person while so
confined. The department of rehabilitation and correction may utilize
electronic means to provide this notice. The department of
rehabilitation and correction, at the same time that it provides the
notice to the prosecuting attorney and judge under this division,
also shall post on the database it maintains pursuant to section
5120.66 of the Revised Code the offender's name and all of the
information specified in division (A)(1)(c)(iii) of that section.

(B)
If a request for notification has been made pursuant to section
2930.16 of the Revised Code or if division (H) of this section
applies, the office of victim services or the adult parole authority
also shall provide notice to the victim or the victim's
representative at least sixty days prior to recommending any pardon
or commutation of sentence for, or granting any parole to, the
person. The notice shall include the information required by division
(A) of this section and may be provided by telephone or through
electronic means. The notice also shall inform the victim or the
victim's representative that the victim or representative may send a
written statement relative to the victimization and the pending
action to the adult parole authority and that, if the authority
receives any written statement prior to recommending a pardon or
commutation or granting a parole for a person, the authority will
consider the statement before it recommends a pardon or commutation
or grants a parole. If the person is being considered for parole, the
notice shall inform the victim or the victim's representative that a
full board hearing of the parole board may be held and that the
victim or victim's representative may contact the office of victims'
services for further information. If the person being considered for
parole was convicted of or pleaded guilty to a violation of section
2903.01 or 2903.02 of the Revised Code, an offense of violence that
is a felony of the first, second, or third degree, or an offense
punished by a sentence of life imprisonment, the notice shall inform
the victim of that offense, the victim's representative, or a member
of the victim's immediate family that the victim, the victim's
representative, and the victim's immediate family have the right to
give testimony at a full board hearing of the parole board and that
the victim or victim's representative may contact the office of
victims' services for further information.

(C)
When notice of the pendency of any pardon, commutation of sentence,
or parole has been provided to a judge or prosecutor or posted on the
database as required in division (A) of this section and a hearing on
the pardon, commutation, or parole is continued to a date certain,
the authority shall provide notice of the further consideration of
the pardon, commutation, or parole at least sixty days before the
further consideration. The notice of the further consideration shall
be provided to the proper judge and prosecuting attorney at least
sixty days before the further consideration, and may be provided
using electronic means, and, if the initial notice was posted on the
database as provided in division (A) of this section, the notice of
the further consideration shall be posted on the database at least
sixty days before the further consideration. If the prosecuting
attorney or a law enforcement agency was provided a copy of the
institutional summary report relative to the subject person under
division (A) of this section, the authority shall include with the
notice of the further consideration sent to the prosecuting attorney
any new information with respect to the person that relates to
activities and actions of the person that are of a type covered by
the report and shall send to the law enforcement agency a report that
provides notice of the further consideration and includes any such
new information with respect to the person. When notice of the
pendency of any pardon, commutation, or parole has been given as
provided in division (B) of this section and the hearing on it is
continued to a date certain, the authority shall give notice of the
further consideration to the victim or the victim's representative in
accordance with section 2930.03 of the Revised Code.

(D)
In case of an application for the pardon or commutation of sentence
of a person sentenced to capital punishment

prior to the effective date of this amendment
,
the governor may modify the requirements of notification and
publication if there is not sufficient time for compliance with the
requirements before the date fixed for the execution of sentence.

(E)
If an offender is serving a prison term imposed under division
(A)(3), (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 if the
parole board terminates its control over the offender's service of
that term pursuant to section 2971.04 of the Revised Code, the parole
board immediately shall provide written notice of its termination of
control or the transfer of control to the entities and persons
specified in section 2971.04 of the Revised Code.

(F)
The failure of the adult parole authority to comply with the notice
or posting provisions of division (A), (B), or (C) of this section or
the failure of the parole board to comply with the notice provisions
of division (E) of this section do not give any rights or any grounds
for appeal or post-conviction relief to the person serving the
sentence.

(G)
Divisions (A), (B), and (C) of this section do not apply to any
release of a person that is of the type described in division
(B)(2)(b) of section 5120.031 of the Revised Code.

(H)
If a defendant is incarcerated for the commission of aggravated
murder, murder, or an offense of violence that is a felony of the
first, second, or third degree or is under a sentence of life
imprisonment, except as otherwise provided in this division, the
notice described in division (B) of this section shall be given to
the victim or victim's representative regardless of whether the
victim or victim's representative has made a request for
notification. The notice described in division (B) of this section
shall not be given under this division to a victim or victim's
representative if the victim or victim's representative has requested
pursuant to division (B)(2) of section 2930.03 of the Revised Code
that the victim or the victim's representative not be provided the
notice. The notice described in division (B) of this section does not
have to be given under this division to a victim or victim's
representative if notice was given to the victim or victim's
representative with respect to at least two prior considerations of
pardon, commutation, or parole of a person and the victim or victim's
representative did not provide any written statement relative to the
victimization and the pending action, did not attend any hearing
conducted relative to the pending action, and did not otherwise
respond to the office with respect to the pending action. Regardless
of whether the victim or victim's representative has requested that
the notice described in division (B) of this section be provided or
not be provided, the office of victim services or adult parole
authority shall give similar notice to the law enforcement agency
that arrested the defendant if any officer of that agency was a
victim of the offense and to any member of the victim's immediate
family who requests notification. If notice is to be given under this
division, the office or authority may give the notice by any
reasonable means, including regular mail, telephone, and electronic
mail, in accordance with division (D)(1) of section 2930.16 of the
Revised Code. If the notice is based on an offense committed prior to
March 22, 2013, the notice to the victim or victim's representative
also shall include the opt-out information described in division
(D)(1) of section 2930.16 of the Revised Code. The office or
authority, in accordance with division (D)(2) of section 2930.16 of
the Revised Code, shall keep a record of all attempts to provide the
notice, and of all notices provided, under this division.

Division
(H) of this section, and the notice-related provisions of divisions
(E)(2) and (K) of section 2929.20, division (D)(1) of section
2930.16, division (E)(1)(b) of section 2967.19 as it existed prior to

the effective date of this amendment

April 4, 2023
,
division (A)(3)(b) of section 2967.26, division (D)(1) of section
2967.28, and division (A)(2) of section 5149.101 of the Revised Code
enacted in the act in which division (H) of this section was enacted,
shall be known as "Roberta's Law."

(I)
In addition to and independent of the right of a victim to make a
statement as described in division (A) of this section or pursuant to
section 2930.17 of the Revised Code or to otherwise make a statement,
the authority for a judge or prosecuting attorney to furnish
statements and information, make recommendations, and give testimony
as described in division (A) of this section, the right of a
prosecuting attorney, judge, or victim to give testimony or submit a
statement at a full parole board hearing pursuant to section 5149.101
of the Revised Code, and any other right or duty of a person to
present information or make a statement, any person may send to the
adult parole authority at any time prior to the authority's
recommending a pardon or commutation or granting a parole for the
offender a written statement relative to the offense and the pending
action.

(J)
As used in this section, "victim's immediate family" means
the mother, father, spouse, sibling, or child of the victim, provided
that in no case does "victim's immediate family" include
the offender with respect to whom the notice in question applies.

Sec.
2967.13.
(A)
Except as provided in division (G) of this section or section
2967.132 of the Revised Code, a prisoner serving a sentence of
imprisonment for life for an offense committed on or after July 1,
1996, is not entitled to any earned credit under division (A)(2) or
(3) of section 2967.193 or 2967.194 of the Revised Code and becomes
eligible for parole as follows:

(1)
If a sentence of imprisonment for life was imposed for the offense of
murder, at the expiration of the prisoner's minimum term;

(2)
If a sentence of imprisonment for life with parole eligibility after
serving twenty years of imprisonment was imposed pursuant to section

2929.02
or former section
2929.022
or 2929.03 of the Revised Code, after serving a term of twenty years;

(3)
If a sentence of imprisonment for life with parole eligibility after
serving twenty-five full years of imprisonment was imposed pursuant
to section
2929.02
or former section
2929.022
or 2929.03 of the Revised Code, after serving a term of twenty-five
full years;

(4)
If a sentence of imprisonment for life with parole eligibility after
serving thirty full years of imprisonment was imposed pursuant to
section
2929.02
or former section
2929.022
or 2929.03 of the Revised Code, after serving a term of thirty full
years;

(5)
If a sentence of imprisonment for life was imposed for rape, after
serving a term of ten full years' imprisonment;

(6)
If a sentence of imprisonment for life with parole eligibility after
serving fifteen years of imprisonment was imposed for a violation of
section 2927.24 of the Revised Code, after serving a term of fifteen
years.

(B)
Except as provided in division (G) of this section or section
2967.132 of the Revised Code, a prisoner serving a sentence of
imprisonment for life with parole eligibility after serving twenty
years of imprisonment or a sentence of imprisonment for life with
parole eligibility after serving twenty-five full years or thirty
full years of imprisonment imposed pursuant to section

2929.02 or former section

2929.022 or 2929.03 of the Revised Code for an offense committed on
or after July 1, 1996, consecutively to any other term of
imprisonment, becomes eligible for parole after serving twenty years,
twenty full years, or thirty full years, as applicable, as to each
such sentence of life imprisonment, which shall not be reduced for
earned credits under division (A)(2) or (3) of section 2967.193 or
2967.194 of the Revised Code, plus the term or terms of the other
sentences consecutively imposed or, if one of the other sentences is
another type of life sentence with parole eligibility, the number of
years before parole eligibility for that sentence.

(C)
Except as provided in division (G) of this section or section
2967.132 of the Revised Code, a prisoner serving consecutively two or
more sentences in which an indefinite term of imprisonment is imposed
becomes eligible for parole upon the expiration of the aggregate of
the minimum terms of the sentences.

(D)
Except as provided in division (G) of this section or section
2967.132 of the Revised Code, a prisoner serving a term of
imprisonment who is described in division (A) of section 2967.021 of
the Revised Code becomes eligible for parole as described in that
division or, if the prisoner is serving a definite term of
imprisonment, shall be released as described in that division.

(E)
Except as provided in section 2967.132 of the Revised Code, a
prisoner serving a sentence of life imprisonment without parole
imposed pursuant to section 2907.02 or section
2929.02
or former section
2929.03
or 2929.06 of the Revised Code is not eligible for parole and shall
be imprisoned until death.

(F)
A prisoner serving a stated prison term that is a non-life felony
indefinite prison term shall be released in accordance with sections
2967.271 and 2967.28 of the Revised Code. A prisoner serving a stated
prison term of any other nature shall be released in accordance with
section 2967.28 of the Revised Code.

(G)
Except as provided in section 2967.132 of the Revised Code, a
prisoner serving a prison term or term of life imprisonment without
parole imposed pursuant to section 2971.03 of the Revised Code never
becomes eligible for parole during that term of imprisonment.

Sec.
2967.193.
(A)(1)
The provisions of this section apply until April 4, 2024, to persons
confined in a state correctional institution or in the substance use
disorder treatment program. On and after April 4, 2024, the
provisions of section 2967.194 of the Revised Code apply to persons
so confined, in the manner specified in division (G) of that section.

(2)
Except as provided in division (C) of this section and subject to the
maximum aggregate total specified in division (A)(4) of this section,
a person confined in a state correctional institution or placed in
the substance use disorder treatment program may provisionally earn
one day or five days of credit, based on the category set forth in
division (D)(1), (2), (3), (4), or (5) of this section in which the
person is included, toward satisfaction of the person's stated prison
term, as described in division (F) of this section, for each
completed month during which the person, if confined in a state
correctional institution, productively participates in an education
program, vocational training, employment in prison industries,
treatment for substance abuse, or any other constructive program
developed by the department of rehabilitation and correction with
specific standards for performance by prisoners or during which the
person, if placed in the substance use disorder treatment program,
productively participates in the program. Except as provided in
division (C) of this section and subject to the maximum aggregate
total specified in division (A)(4) of this section, a person so
confined in a state correctional institution who successfully
completes two programs or activities of that type may, in addition,
provisionally earn up to five days of credit toward satisfaction of
the person's stated prison term, as described in division (F) of this
section, for the successful completion of the second program or
activity. The person shall not be awarded any provisional days of
credit for the successful completion of the first program or activity
or for the successful completion of any program or activity that is
completed after the second program or activity. At the end of each
calendar month in which a person productively participates in a
program or activity listed in this division or successfully completes
a program or activity listed in this division, the department of
rehabilitation and correction shall determine and record the total
number of days credit that the person provisionally earned in that
calendar month. If the person in a state correctional institution
violates prison rules or the person in the substance use disorder
treatment program violates program or department rules, the
department may deny the person a credit that otherwise could have
been provisionally awarded to the person or may withdraw one or more
credits previously provisionally earned by the person. Days of credit
provisionally earned by a person shall be finalized and awarded by
the department subject to administrative review by the department of
the person's conduct.

(3)
Unless a person is serving a mandatory prison term or a prison term
for an offense of violence or a sexually oriented offense, and
notwithstanding the maximum aggregate total specified in division
(A)(4) of this section, a person who successfully completes any of
the following shall earn ninety days of credit toward satisfaction of
the person's stated prison term or a ten per cent reduction of the
person's stated prison term, whichever is less:

(a)
An Ohio high school diploma or Ohio certificate of high school
equivalence certified by the Ohio central school system;

(b)
A therapeutic drug community program;

(c)
All three phases of the department of rehabilitation and correction's
intensive outpatient drug treatment program;

(d)
A career technical vocational school program;

(e)
A college certification program;

(f)
The criteria for a certificate of achievement and employability as
specified in division (A)(1) of section 2961.22 of the Revised Code.

(4)(a)
Except for persons described in division (A)(3) of this section and
subject to division (A)(4)(b) of this section, the aggregate days of
credit provisionally earned by a person for program or activity
participation and program and activity completion under this section
and the aggregate days of credit finally credited to a person under
this section shall not exceed eight per cent of the total number of
days in the person's stated prison term.

(b)
If a person is confined in a state correctional institution or in the
substance use disorder treatment program after
the
effective date of this amendment
October
3, 2023
,
and if the person as of
that
effective date
October
3, 2023,
has
met the eight per cent limit specified in division (A)(4)(a) of this
section or the person meets that eight per cent limit between
that
effective date
October
3, 2023,
and
April 3, 2024, both of the following apply with respect to the
person:

(i)
On and after
the
effective date of this amendment
October
3, 2023
,
the eight per cent limit specified in division (A)(4)(a) of this
section no longer applies to the person;

(ii)
On and after
the
effective date of this amendment
October
3, 2023
,
the aggregate days of credit provisionally earned by a person for
program or activity participation and program and activity completion
under this section and the aggregate days of credit finally credited
to a person under this section shall not exceed fifteen per cent of
the total number of days in the person's stated prison term.

(B)
The department of rehabilitation and correction shall adopt rules
that specify the programs or activities for which credit may be
earned under this section, the criteria for determining productive
participation in, or completion of, the programs or activities and
the criteria for awarding credit, including criteria for awarding
additional credit for successful program or activity completion, and
the criteria for denying or withdrawing previously provisionally
earned credit as a result of a violation of prison rules, or program
or department rules, whichever is applicable.

(C)
No person confined in a state correctional institution or placed in a
substance use disorder treatment program to whom any of the following
applies shall be awarded any days of credit under division (A) of
this section:

(1)
The person is serving a prison term that section 2929.13 or section
2929.14 of the Revised Code specifies cannot be reduced pursuant to
this section or this chapter or is serving a sentence for which
section 2967.13 or division (B) of section 2929.143 of the Revised
Code specifies that the person is not entitled to any earned credit
under this section.

(2)
The person is
sentenced
to death or
is
serving a prison term or a term of life imprisonment for aggravated
murder, murder, or a conspiracy or attempt to commit, or complicity
in committing, aggravated murder or murder.

(3)
The person is serving a sentence of life imprisonment without parole
imposed pursuant to section
2929.02
or former section
2929.03
or 2929.06 of the Revised Code, a prison term or a term of life
imprisonment without parole imposed pursuant to section 2971.03 of
the Revised Code, or a sentence for a sexually oriented offense that
was committed on or after September 30, 2011.

(D)
This division does not apply to a determination of whether a person
confined in a state correctional institution or placed in a substance
use disorder treatment program may earn any days of credit under
division (A) of this section for successful completion of a second
program or activity. The determination of whether a person confined
in a state correctional institution may earn one day of credit or
five days of credit under division (A) of this section for each
completed month during which the person productively participates in
a program or activity specified under that division shall be made in
accordance with the following:

(1)
The offender may earn one day of credit under division (A) of this
section, except as provided in division (C) of this section, if the
most serious offense for which the offender is confined is any of the
following that is a felony of the first or second degree:

(a)
A violation of division (A) of section 2903.04 or of section 2903.03,
2903.11, 2903.15, 2905.01, 2907.24, 2907.25, 2909.02, 2909.09,
2909.10, 2909.101, 2909.26, 2909.27, 2909.29, 2911.01, 2911.02,
2911.11, 2911.12, 2919.13, 2919.15, 2919.151, 2919.22, 2921.34,
2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24 of the
Revised Code;

(b)
A conspiracy or attempt to commit, or complicity in committing, any
other offense for which the maximum penalty is imprisonment for life
or any offense listed in division (D)(1)(a) of this section.

(2)
The offender may earn one day of credit under division (A) of this
section, except as provided in division (C) of this section, if the
offender is serving a stated prison term that includes a prison term
imposed for a sexually oriented offense that the offender committed
prior to September 30, 2011.

(3)
The offender may earn one day of credit under division (A) of this
section, except as provided in division (C) of this section, if the
offender is serving a stated prison term that includes a prison term
imposed for a felony other than carrying a concealed weapon an
essential element of which is any conduct or failure to act expressly
involving any deadly weapon or dangerous ordnance.

(4)
Except as provided in division (C) of this section, if the most
serious offense for which the offender is confined is a felony of the
first or second degree and divisions (D)(1), (2), and (3) of this
section do not apply to the offender, the offender may earn one day
of credit under division (A) of this section if the offender
committed that offense prior to September 30, 2011, and the offender
may earn five days of credit under division (A) of this section if
the offender committed that offense on or after September 30, 2011.

(5)
Except as provided in division (C) of this section, if the most
serious offense for which the offender is confined is a felony of the
third, fourth, or fifth degree or an unclassified felony and neither
division (D)(2) nor (3) of this section applies to the offender, the
offender may earn one day of credit under division (A) of this
section if the offender committed that offense prior to September 30,
2011, and the offender may earn five days of credit under division
(A) of this section if the offender committed that offense on or
after September 30, 2011.

(E)
The department annually shall seek and consider the written feedback
of the Ohio prosecuting attorneys association, the Ohio judicial
conference, the Ohio public defender, the Ohio association of
criminal defense lawyers, and other organizations and associations
that have an interest in the operation of the corrections system and
the earned credits program under this section as part of its
evaluation of the program and in determining whether to modify the
program.

(F)
Days of credit awarded under this section shall be applied toward
satisfaction of a person's stated prison term as follows:

(1)
Toward the definite prison term of a prisoner serving a definite
prison term as a stated prison term;

(2)
Toward the minimum and maximum terms of a prisoner serving an
indefinite prison term imposed under division (A)(1)(a) or (2)(a) of
section 2929.14 of the Revised Code for a felony of the first or
second degree committed on or after March 22, 2019.

(G)
As used in this section:

(1)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(2)
"Substance use disorder treatment program" means the
substance use disorder treatment program established by the
department of rehabilitation and correction under section 5120.035 of
the Revised Code.

Sec.
2967.194.
(A)(1)
Beginning April 4, 2024, the provisions of this section shall apply,
in the manner described in division (G) of this section, to persons
confined on or after that date in a state correctional institution or
in the substance use disorder treatment program.

(2)
Except as provided in division (C) of this section and subject to the
maximum aggregate total specified in division (A)(4) of this section,
a person confined in a state correctional institution or placed in
the substance use disorder treatment program may provisionally earn
one day or five days of credit, based on the category set forth in
division (D)(1) or (2) of this section in which the person is
included, toward satisfaction of the person's stated prison term, as
described in division (F) of this section, for each completed month
during which the person, if confined in a state correctional
institution, productively participates in an education program,
vocational training, employment in prison industries, treatment for
substance abuse, or any other constructive program developed by the
department of rehabilitation and correction with specific standards
for performance by prisoners or during which the person, if placed in
the substance use disorder treatment program, productively
participates in the program. Except as provided in division (C) of
this section and subject to the maximum aggregate total specified in
division (A)(4) of this section, a person so confined in a state
correctional institution who successfully completes two programs or
activities of that type may, in addition, provisionally earn up to
five days of credit toward satisfaction of the person's stated prison
term, as described in division (F) of this section, for the
successful completion of the second program or activity. The person
shall not be awarded any provisional days of credit for the
successful completion of the first program or activity or for the
successful completion of any program or activity that is completed
after the second program or activity. At the end of each calendar
month in which a person productively participates in a program or
activity listed in this division or successfully completes a program
or activity listed in this division, the department of rehabilitation
and correction shall determine and record the total number of days
credit that the person provisionally earned in that calendar month.
If the person in a state correctional institution violates prison
rules or the person in the substance use disorder treatment program
violates program or department rules, the department may deny the
person a credit that otherwise could have been provisionally awarded
to the person or may withdraw one or more credits previously
provisionally earned by the person. Days of credit provisionally
earned by a person shall be finalized and awarded by the department
subject to administrative review by the department of the person's
conduct.

(3)
Except as provided in division (C) of this section, unless a person
is serving a mandatory prison term or a prison term for an offense of
violence or a sexually oriented offense, and notwithstanding the
maximum aggregate total specified in division (A)(4) of this section,
a person who successfully completes any diploma, equivalence,
program, or criteria identified in divisions (A)(3)(a) to (g) of this
section shall earn ninety days of credit toward satisfaction of the
person's stated prison term or a ten per cent reduction of the
person's stated prison term, whichever is less, for each such
diploma, equivalence, program, or criteria successfully completed.
The diplomas, equivalences, programs, and criteria for which credit
shall be granted under this division, upon successful completion,
are:

(a)
An Ohio high school diploma or Ohio certificate of high school
equivalence certified by the Ohio central school system;

(b)
A therapeutic drug community program;

(c)
All three phases of the department of rehabilitation and correction's
intensive outpatient drug treatment program;

(d)
A career technical vocational school program;

(e)
A college certification program;

(f)
The criteria for a certificate of achievement and employability as
specified in division (A)(1) of section 2961.22 of the Revised Code;

(g)
Any other constructive program developed by the department of
rehabilitation and correction with specific standards for performance
by prisoners.

(4)
Except for persons described in division (A)(3) of this section, the
aggregate days of credit provisionally earned by a person for program
or activity participation and program and activity completion under
this section and the aggregate days of credit finally credited to a
person under this section shall not exceed fifteen per cent of the
total number of days in the person's stated prison term.

(B)
The department of rehabilitation and correction shall adopt rules
that specify the programs or activities for which credit may be
earned under this section, the criteria for determining productive
participation in, or completion of, the programs or activities and
the criteria for awarding credit, including criteria for awarding
additional credit for successful program or activity completion, and
the criteria for denying or withdrawing previously provisionally
earned credit as a result of a violation of prison rules, or program
or department rules, whichever is applicable.

(C)
No person confined in a state correctional institution or placed in a
substance use disorder treatment program to whom any of the following
applies shall be awarded any days of credit under division (A)(2) or
(3) of this section:

(1)
The person is serving a prison term that section 2929.13 or section
2929.14 of the Revised Code specifies cannot be reduced pursuant to
this section or this chapter or is serving a sentence for which
section 2967.13 or division (B) of section 2929.143 of the Revised
Code specifies that the person is not entitled to any earned credit
under this section.

(2)
The person is sentenced to death or is serving a prison term or a
term of life imprisonment for aggravated murder, murder, or a
conspiracy or attempt to commit, or complicity in committing,
aggravated murder or murder.

(3)
The person is serving a sentence of life imprisonment without parole
imposed pursuant to
former

section
2929.03 or 2929.06 of the Revised Code, a prison term or a term of
life imprisonment without parole imposed pursuant to section 2971.03
of the Revised Code, or a sentence for a sexually oriented offense
that was committed on or after September 30, 2011.

(D)
This division does not apply to a determination of whether a person
confined in a state correctional institution or placed in a substance
use disorder treatment program may earn any days of credit under
division (A)(2) of this section for successful completion of a second
program or activity. The determination of whether a person confined
in a state correctional institution may earn one day of credit or
five days of credit under division (A)(2) of this section for each
completed month during which the person productively participates in
a program or activity specified under that division shall be made in
accordance with the following:

(1)
The offender may earn one day of credit under division (A)(2) of this
section, except as provided in division (C) of this section, if the
offender is serving a stated prison term that includes a prison term
imposed for a sexually oriented offense that the offender committed
prior to September 30, 2011.

(2)
Except as provided in division (C) of this section, if division
(D)(1) of this section does not apply to the offender, the offender
may earn five days of credit under division (A)(2) of this section.

(E)
The department annually shall seek and consider the written feedback
of the Ohio prosecuting attorneys association, the Ohio judicial
conference, the Ohio public defender, the Ohio association of
criminal defense lawyers, and other organizations and associations
that have an interest in the operation of the corrections system and
the earned credits program under this section as part of its
evaluation of the program and in determining whether to modify the
program.

(F)
Days of credit awarded under this section shall be applied toward
satisfaction of a person's stated prison term as follows:

(1)
Toward the definite prison term of a prisoner serving a definite
prison term as a stated prison term;

(2)
Toward the minimum and maximum terms of a prisoner serving an
indefinite prison term imposed under division (A)(1)(a) or (2)(a) of
section 2929.14 of the Revised Code for a felony of the first or
second degree committed on or after March 22, 2019.

(G)
The provisions of this section apply to persons confined in a state
correctional institution or in the substance use disorder treatment
program on or after April 4, 2024, as follows:

(1)
Subject to division (G)(2) of this section, the provisions apply to a
person so confined regardless of whether the person committed the
offense for which the person is confined in the institution or was
placed in the program prior to, on, or after April 4, 2024, and
regardless of whether the person was convicted of or pleaded guilty
to that offense prior to, on, or after April 4, 2024.

(2)
The provisions apply to a person so confined only with respect to the
time that the person is so confined on and after April 4, 2024, and
the provisions of section 2967.193 of the Revised Code that were in
effect prior to April 4, 2024, and that applied to the person prior
to that date, including the provisions of division (A)(4) of that
section as amended by
this
act
H.B.
33 of the 135th general assembly
,
apply to the person with respect to the time that the person was so
confined prior to April 4, 2024.

(H)
As used in this section:

(1)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(2)
"Substance use disorder treatment program" means the
substance use disorder treatment program established by the
department of rehabilitation and correction under section 5120.035 of
the Revised Code.

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

of
section
2929.06

2929.02

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.

Sec.
2971.07.
(A)
This chapter does not apply to any offender unless the offender is
one of the following:

(1)
The 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.

(2)
The offender 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.

(3)
The offender 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 the court does not sentence the
offender to a term of life without parole pursuant to division (B) of
section 2907.02 of the Revised Code or division (B) of that section
prohibits the court from sentencing the offender pursuant to section
2971.03 of the Revised Code.

(4)
The offender is convicted of or pleads guilty to attempted rape
committed on or after January 2, 2007, 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.

(5)
The offender is convicted of or pleads guilty to a violation of
section 2905.01 of the Revised Code and 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 that section requires a court to sentence the
offender pursuant to section 2971.03 of the Revised Code.

(6)
The offender is convicted of or pleads guilty to aggravated murder
and 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 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)
(C)

of
section
2929.06

2929.02

of
the Revised Code requires a court to sentence the offender pursuant
to division (B)(3) of section 2971.03 of the Revised Code.

(7)
The offender is convicted of or pleads guilty to murder and 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 division
(B)(2)

(C)(1)

of
section 2929.02 of the Revised Code requires a court to sentence the
offender pursuant to section 2971.03 of the Revised Code.

(B)
This chapter does not limit or affect a court in imposing upon an
offender described in divisions (A)(1) to (9) of this section any
financial sanction under section 2929.18 or any other section of the
Revised Code, or, except as specifically provided in this chapter,
any other sanction that is authorized or required for the offense or
violation by any other provision of law.

(C)
If an offender is sentenced to a prison term under division (A)(3),
(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 if, pursuant
to section 2971.05 of the Revised Code, the court modifies the
requirement that the offender serve the entire prison term in a state
correctional institution or places the offender on conditional
release that involves the placement of the offender under the
supervision of the adult parole authority, authorized field officers
of the authority who are engaged within the scope of their
supervisory duties or responsibilities may search, with or without a
warrant, the person of the offender, the place of residence of the
offender, and a motor vehicle, another item of tangible or intangible
personal property, or any other real property in which the offender
has the express or implied permission of a person with a right,
title, or interest to use, occupy, or possess if the field officer
has reasonable grounds to believe that the offender is not abiding by
the law or otherwise is not complying with the terms and conditions
of the offender's modification or release. The authority shall
provide each offender with a written notice that informs the offender
that authorized field officers of the authority who are engaged
within the scope of their supervisory duties or responsibilities may
conduct those types of searches during the period of the modification
or release if they have reasonable grounds to believe that the
offender is not abiding by the law or otherwise is not complying with
the terms and conditions of the offender's modification or release.

Sec.
5120.113.
(A)
For each inmate committed to the department of rehabilitation and
correction, except as provided in division (B) of this section, the
department shall prepare a written reentry plan for the inmate to
help guide the inmate's rehabilitation program during imprisonment,
to assist in the inmate's reentry into the community, and to assess
the inmate's needs upon release.

(B)
Division (A) of this section does not apply to an inmate who has been
sentenced to life imprisonment without parole or
who
has been
sentenced
to death

before the effective date of this amendment
.
Division (A) of this section does not apply to any inmate who is
expected to be imprisoned for thirty days or less, but the department
may prepare a written reentry plan of the type described in that
division if the department determines that the plan is needed.

(C)
The department may collect, if available, any social and other
information that will aid in the preparation of reentry plans under
this section.

(D)
In the event the department does not prepare a written reentry plan
as specified in division (A) of this section, or makes a decision to
not prepare a written reentry plan under division (B) of this section
or to not collect information under division (C) of this section,
that fact does not give rise to a claim for damages against the
state, the department, the director of the department, or any
employee of the department.

Sec.
5120.53.
(A)
If a treaty between the United States and a foreign country provides
for the transfer or exchange, from one of the signatory countries to
the other signatory country, of convicted offenders who are citizens
or nationals of the other signatory country, the governor, subject to
and in accordance with the terms of the treaty, may authorize the
director of rehabilitation and correction to allow the transfer or
exchange of convicted offenders and to take any action necessary to
initiate participation in the treaty. If the governor grants the
director the authority described in this division, the director may
take the necessary action to initiate participation in the treaty
and, subject to and in accordance with division (B) of this section
and the terms of the treaty, may allow the transfer or exchange to a
foreign country that has signed the treaty of any convicted offender
who is a citizen or national of that signatory country.

(B)(1)
No convicted offender who is serving a term of imprisonment in this
state for aggravated murder, murder, or a felony of the first or
second degree, who is serving a mandatory prison term imposed under
section 2925.03 or 2925.11 of the Revised Code in circumstances in
which the court was required to impose as the mandatory prison term
the maximum definite prison term or longest minimum prison term
authorized for the degree of offense committed,
or

who
is serving a term of imprisonment in this state imposed for an
offense committed prior to July 1, 1996, that was an aggravated
felony of the first or second degree or that was aggravated
trafficking in violation of division (A)(9) or (10) of section
2925.03 of the Revised Code
,
or who has been sentenced to death in this state

shall be transferred or exchanged to another country pursuant to a
treaty of the type described in division (A) of this section.

(2)
If a convicted offender is serving a term of imprisonment in this
state and the offender is a citizen or national of a foreign country
that has signed a treaty of the type described in division (A) of
this section, if the governor has granted the director of
rehabilitation and correction the authority described in that
division, and if the transfer or exchange of the offender is not
barred by division (B)(1) of this section, the director or the
director's designee may approve the offender for transfer or exchange
pursuant to the treaty if the director or the designee, after
consideration of the factors set forth in the rules adopted by the
department under division (D) of this section and all other relevant
factors, determines that the transfer or exchange of the offender is
appropriate.

(C)
Notwithstanding any provision of the Revised Code regarding the
parole eligibility of, or the duration or calculation of a sentence
of imprisonment imposed upon, an offender, if a convicted offender is
serving a term of imprisonment in this state and the offender is a
citizen or national of a foreign country that has signed a treaty of
the type described in division (A) of this section, if the offender
is serving an indefinite term of imprisonment, if the offender is
barred from being transferred or exchanged pursuant to the treaty due
to the indefinite nature of the offender's term of imprisonment, and
if in accordance with division (B)(2) of this section the director of
rehabilitation and correction or the director's designee approves the
offender for transfer or exchange pursuant to the treaty, the parole
board, pursuant to rules adopted by the director, shall set a date
certain for the release of the offender. To the extent possible, the
date certain that is set shall be reasonably proportionate to the
indefinite term of imprisonment that the offender is serving. The
date certain that is set for the release of the offender shall be
considered only for purposes of facilitating the international
transfer or exchange of the offender, shall not be viable or
actionable for any other purpose, and shall not create any
expectation or guarantee of release. If an offender for whom a date
certain for release is set under this division is not transferred to
or exchanged with the foreign country pursuant to the treaty, the
date certain is null and void, and the offender's release shall be
determined pursuant to the laws and rules of this state pertaining to
parole eligibility and the duration and calculation of an indefinite
sentence of imprisonment.

(D)
If the governor, pursuant to division (A) of this section, authorizes
the director of rehabilitation and correction to allow any transfer
or exchange of convicted offenders as described in that division, the
director shall adopt rules under Chapter 119. of the Revised Code to
implement the provisions of this section. The rules shall include a
rule that requires the director or the director's designee, in
determining whether to approve a convicted offender who is serving a
term of imprisonment in this state for transfer or exchange pursuant
to a treaty of the type described in division (A) of this section, to
consider all of the following factors:

(1)
The nature of the offense for which the offender is serving the term
of imprisonment in this state;

(2)
The likelihood that, if the offender is transferred or exchanged to a
foreign country pursuant to the treaty, the offender will serve a
shorter period of time in imprisonment in the foreign country than
the offender would serve if the offender is not transferred or
exchanged to the foreign country pursuant to the treaty;

(3)
The likelihood that, if the offender is transferred or exchanged to a
foreign country pursuant to the treaty, the offender will return or
attempt to return to this state after the offender has been released
from imprisonment in the foreign country;

(4)
The degree of any shock to the conscience of justice and society that
will be experienced in this state if the offender is transferred or
exchanged to a foreign country pursuant to the treaty;

(5)
All other factors that the department determines are relevant to the
determination.

Sec.
5120.61.
(A)(1)
Not later than ninety days after January 1, 1997, the department of
rehabilitation and correction shall adopt standards that it will use
under this section to assess the following criminal offenders and may
periodically revise the standards:

(a)
A criminal offender who is convicted of or pleads guilty to a violent
sex offense or designated homicide, assault, or kidnapping offense
and is adjudicated a sexually violent predator in relation to that
offense;

(b)
A criminal offender who 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 who is
sentenced under section 2971.03 of the Revised Code or upon whom a
sentence of life without parole is imposed under division (B) of
section 2907.02 of the Revised Code;

(c)
A criminal offender who 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;

(d)
A criminal offender who is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code and 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 who is sentenced pursuant to
section 2971.03 of the Revised Code;

(e)
A criminal offender who is convicted of or pleads guilty to
aggravated murder and 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
who pursuant to 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)
(C)

of
section
2929.06

2929.02

of
the Revised Code is sentenced pursuant to division (B)(3) of section
2971.03 of the Revised Code;

(f)
A criminal offender who is convicted of or pleads guilty to murder
and 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 who pursuant to
division
(B)(2)

(C)(1)

of
section 2929.02 of the Revised Code is sentenced pursuant to section
2971.03 of the Revised Code.

(2)
When the department is requested by the parole board or the court to
provide a risk assessment report of the offender under section
2971.04 or 2971.05 of the Revised Code, it shall assess the offender
and complete the assessment as soon as possible after the offender
has commenced serving the prison term or term of life imprisonment
without parole imposed under division (A), (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. Thereafter, the department shall update
a risk assessment report pertaining to an offender as follows:

(a)
Periodically, in the discretion of the department, provided that each
report shall be updated no later than two years after its initial
preparation or most recent update;

(b)
Upon the request of the parole board for use in determining pursuant
to section 2971.04 of the Revised Code whether it should terminate
its control over an offender's service of a prison term imposed upon
the offender under division (A)(3), (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;

(c)
Upon the request of the court.

(3)
After the department of rehabilitation and correction assesses an
offender pursuant to division (A)(2) of this section, it shall
prepare a report that contains its risk assessment for the offender
or, if a risk assessment report previously has been prepared, it
shall update the risk assessment report.

(4)
The department of rehabilitation and correction shall provide each
risk assessment report that it prepares or updates pursuant to this
section regarding an offender to all of the following:

(a)
The parole board for its use in determining pursuant to section
2971.04 of the Revised Code whether it should terminate its control
over an offender's service of a prison term imposed upon the offender
under division (A)(3), (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, if the parole board has not terminated its control over the
offender;

(b)
The court for use in determining, pursuant to section 2971.05 of the
Revised Code, whether to modify the requirement that the offender
serve the entire prison term imposed upon the offender under division
(A)(3), (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 in a state
correctional institution, whether to revise any modification
previously made, or whether to terminate the prison term;

(c)
The prosecuting attorney who prosecuted the case, or the successor in
office to that prosecuting attorney;

(d)
The offender.

(B)
When the department of rehabilitation and correction provides a risk
assessment report regarding an offender to the parole board or court
pursuant to division (A)(4)(a) or (b) of this section, the
department, prior to the parole board's or court's hearing, also
shall provide to the offender or to the offender's attorney of record
a copy of the report and a copy of any other relevant documents the
department possesses regarding the offender that the department does
not consider to be confidential.

(C)
As used in this section:

(1)
"Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same
manner and the same circumstances as are described in that section.

(2)
"Designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as in section
2971.01 of the Revised Code.

Sec.
5139.04.
The
department of youth services shall do all of the following:

(A)
Support service districts through a central administrative office
that shall have as its administrative head a deputy director who
shall be appointed by the director of the department. When a vacancy
occurs in the office of that deputy director, an assistant deputy
director shall act as that deputy director until the vacancy is
filled. The position of deputy director and assistant deputy director
described in this division shall be in the unclassified civil service
of the state.

(B)
Receive custody of all children committed to it under Chapter 2152.
of the Revised Code, cause a study to be made of those children, and
issue any orders, as it considers best suited to the needs of any of
those children and the interest of the public, for the treatment of
each of those children;

(C)
Obtain personnel necessary for the performance of its duties;

(D)
Adopt rules that regulate its organization and operation, that
implement sections 5139.34 and 5139.41 to 5139.43 of the Revised
Code, and that pertain to the administration of other sections of
this chapter;

(E)
Submit reports of its operations to the governor and the general
assembly by the thirty-first day of January of each odd-numbered
year;

(F)
Conduct a program of research in diagnosis, training, and treatment
of delinquent children to evaluate the effectiveness of the
department's services and to develop more adequate methods;

(G)
Develop a standard form for the disposition investigation report that
a juvenile court is required pursuant to section 2152.18 of the
Revised Code to complete and provide to the department when the court
commits a child to the legal custody of the department;

(H)
Provide the state public defender the reasonable access authorized
under division
(I)

(H)

of
section 120.06 of the Revised Code in order to fulfill the
department's constitutional obligation to provide juveniles who have
been committed to the department's care access to the courts.

(I)
Do all other acts necessary or desirable to carry out this chapter.

Sec.
5919.16.
(A)
Commissioned and warrant officers in the Ohio national guard shall be
discharged by the adjutant general upon either of the following:

(1)
The officer's resignation;

(2)
Approval of a board's recommendation for withdrawal of federal
recognition by the chief of the national guard bureau.

(B)
An officer also may be discharged under any of the following
circumstances:

(1)
Pursuant to other federal regulations;

(2)
If absent without leave for three months, upon recommendation of an
efficiency board;

(3)
Pursuant to sentence by court-martial;

(4)
If the officer has been convicted of a crime classified as a felony
as described in division
(C)
or
(D)

or
(E)
of
section 2901.02 of the Revised Code.

Section
2.
That
existing sections 9.07, 120.03, 120.041, 120.06, 120.14, 120.16,
120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 149.43, 149.436,
1901.183, 2152.13, 2152.67, 2301.20, 2307.60, 2317.02, 2701.07,
2743.51, 2901.02, 2909.24, 2929.02, 2929.13, 2929.14, 2929.61,
2930.19, 2937.222, 2941.021, 2941.14, 2941.148, 2941.401, 2941.43,
2941.51, 2945.06, 2945.10, 2945.13, 2945.21, 2945.25, 2945.33,
2945.38, 2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09,
2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 2953.73, 2953.81,
2967.05, 2967.12, 2967.13, 2967.193, 2967.194, 2971.03, 2971.07,
5120.113, 5120.53, 5120.61, 5139.04, and 5919.16 of the Revised Code
are hereby repealed.

Section
3.
That
sections 109.97, 120.35, 2725.19, 2929.021, 2929.022, 2929.023,
2929.024, 2929.025, 2929.03, 2929.04, 2929.05, 2929.06, 2945.20,
2947.08, 2949.21, 2949.22, 2949.221, 2949.222, 2949.24, 2949.25,
2949.26, 2949.27, 2949.28, 2949.29, 2949.31, and 2967.08 of the
Revised Code are hereby repealed.

Section
4.
(A)
An offender whose sentence of death has been set aside, nullified, or
vacated pursuant to section 2929.06 of the Revised Code as it existed
immediately before the effective date of this section but who has not
been resentenced under that section as of the effective date of this
section shall be resentenced in accordance with that section as it
existed immediately before the effective date of this section.

(B)
Nothing in this act is intended to nullify or mitigate the sentence
of an offender who was sentenced to death before the effective date
of this section. An offender who was sentenced to death before the
effective date of this section has the same rights to appeal and to
postconviction remedies as the offender had under the provisions of
Chapter 2953. of the Revised Code as those provisions existed
immediately before the effective date of this section or as those
provisions may hereafter be amended, and courts have the same powers
and duties with respect to those offenders under those provisions as
courts had before the effective date of this section.

(C)
All reports and payments relating to capital cases that were required
to be made under any provision of Chapter 120. or section 109.97 of
the Revised Code as those provisions existed immediately before the
effective date of this section shall be made each calendar or fiscal
year, as applicable, in accordance with those provisions as they
existed immediately before the effective date of this section, and
the Capital Case Attorney Fee Council created under section 120.33 of
the Revised Code shall continue under the provisions of that section
as it existed immediately before the effective date of this section,
until each case in which a defendant was sentenced to death before
the effective date of this section is finally resolved.

(D)
In an action in which an offender was sentenced to death before the
effective date of this section, a court of common pleas shall
preserve the records of the action as required by section 2301.20 of
the Revised Code as it existed immediately before the effective date
of this section.

Section
5.
Attorneys
appointed to represent indigent defendants in postconviction relief
proceedings in cases in which the defendant was sentenced to death
before the effective date of this section shall be certified under
the Rules for Appointment of Counsel in Capital Cases in the same
manner as those certifications were required under Rule 20 of the
Rules of Superintendence for the Courts of Ohio by sections 120.06,
120.14, 120.26, and 120.33 of the Revised Code as those sections
existed immediately before the effective date of this section.

Section
6.
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
2929.02 of the Revised Code as amended by both H.B. 136 and S.B. 256
of the 133rd General Assembly.

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

Section
2953.07 of the Revised Code as amended by both S.B. 2 and S.B. 4 of
the 121st General Assembly.

Section
2971.03 of the Revised Code as amended by both H.B. 136 and S.B. 256
of the 133rd General Assembly.