As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 121


Senators Hughes, LaRose 

Cosponsor: Senator Patton 

A BILL
To amend sections 2152.17, 2929.13, 2929.14, 1
2941.141, 2941.144, 2941.145, 2941.146, and 2
2941.1412 and to enact sections 2923.132 and 3
2941.1424 of the Revised Code to double the 4
mandatory prison term for an offender who is 5
convicted of a firearm specification and 6
previously has been convicted of a firearm 7
specification; to similarly double the period of 8
authorized or mandatory commitment to the 9
Department of Youth Services of a delinquent child 10
who is guilty of a firearm specification and 11
previously has been adjudicated a delinquent child 12
for committing an act that would constitute a 13
violation of a firearm specification if committed 14
by an adult; to prohibit violent career criminals 15
from knowingly acquiring, having, carrying, or 16
using any firearm or dangerous ordnance; and to 17
require a mandatory prison term for a violent 18
career criminal convicted of committing a violent 19
felony offense while armed with a firearm.20


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

       Section 1. That sections 2152.17, 2929.13, 2929.14, 2941.141, 21
2941.144, 2941.145, 2941.146, and 2941.1412 be amended and 22
sections 2923.132 and 2941.1424 of the Revised Code be enacted to 23
read as follows:24

       Sec. 2152.17.  (A) Subject to division (D) of this section, 25
if a child is adjudicated a delinquent child for committing an 26
act, other than a violation of section 2923.12 of the Revised 27
Code, that would be a felony if committed by an adult and if the 28
court determines that, if the child was an adult, the child would 29
be guilty of a specification of the type set forth in section 30
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or 31
2941.1415 of the Revised Code, in addition to any commitment or 32
other disposition the court imposes for the underlying delinquent 33
act, all of the following apply:34

       (1)(a) If the court determines that the child would be guilty 35
of a specification of the type set forth in division (A) of36
section 2941.141 of the Revised Code, the court may commit the 37
child to the department of youth services for the specification 38
for a definite period of up to one year.39

       (b) If the court determines that the child would be guilty of 40
a specification of the type set forth in division (D) of section 41
2941.141 of the Revised Code, the court may commit the child to 42
the department of youth services for the specification for a 43
definite period of up to two years.44

       (2)(a) If the court determines that the child would be guilty 45
of a specification of the type set forth in division (A) of46
section 2941.145 of the Revised Code or if the delinquent act is a 47
violation of division (A)(1) or (2) of section 2903.06 of the 48
Revised Code and the court determines that the child would be 49
guilty of a specification of the type set forth in section 50
2941.1415 of the Revised Code, the court shall commit the child to 51
the department of youth services for the specification for a 52
definite period of not less than one and not more than three 53
years, and the court also shall commit the child to the department 54
for the underlying delinquent act under sections 2152.11 to 55
2152.16 of the Revised Code.56

       (b) If the court determines that the child would be guilty of 57
a specification of the type set forth in division (D) of section 58
2941.145 of the Revised Code, the court shall commit the child to 59
the department of youth services for the specification for a 60
definite period of not less than two and not more than six years, 61
and the court also shall commit the child to the department for 62
the underlying delinquent acts under sections 2152.11 to 2152.16 63
of the Revised Code.64

       (3)(a) If the court determines that the child would be guilty 65
of a specification of the type set forth in division (A) of66
section 2941.144, division (A) of section 2941.146, or division 67
(A) of section 2941.1412 of the Revised Code or if the delinquent 68
act is a violation of division (A)(1) or (2) of section 2903.06 of 69
the Revised Code and the court determines that the child would be 70
guilty of a specification of the type set forth in section 71
2941.1414 of the Revised Code, the court shall commit the child to 72
the department of youth services for the specification for a 73
definite period of not less than one and not more than five years, 74
and the court also shall commit the child to the department for 75
the underlying delinquent act under sections 2152.11 to 2152.16 of 76
the Revised Code.77

       (b) If the court determines that the child would be guilty of 78
a specification of the type set forth in division (D) of section 79
2941.144, division (C) of section 2941.146, or division (B) of 80
section 2941.1412 of the Revised Code, the court shall commit the 81
child to the department of youth services for the specification 82
for a definite period of not less than two and not more than ten 83
years, and the court also shall commit the child to the department 84
for the underlying delinquent act under sections 2152.11 to 85
2152.16 of the Revised Code.86

       (B)(1) If a child is adjudicated a delinquent child for 87
committing an act, other than a violation of section 2923.12 of 88
the Revised Code, that would be a felony if committed by an adult, 89
if the court determines that the child is complicit in another 90
person's conduct that is of such a nature that the other person 91
would be guilty of a specification of the type set forth in 92
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised 93
Code if the other person was an adult, if the other person's 94
conduct relates to the child's underlying delinquent act, and if 95
the child did not furnish, use, or dispose of any firearm that was 96
involved with the underlying delinquent act or with the other 97
person's specification-related conduct, in addition to any other 98
disposition the court imposes for the underlying delinquent act, 99
the court may commit the child to the department of youth services 100
for the specification for a definite period of not more than one 101
year, subject to division (D)(2) of this section.102

       (2) Except as provided in division (B)(1) of this section, 103
division (A) of this section also applies to a child who is an 104
accomplice regarding a firearm specification of the type set forth 105
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code 106
to the same extent the firearm specifications would apply to an 107
adult accomplice in a criminal proceeding.108

       (C) If a child is adjudicated a delinquent child for 109
committing an act that would be aggravated murder, murder, or a 110
first, second, or third degree felony offense of violence if 111
committed by an adult and if the court determines that, if the 112
child was an adult, the child would be guilty of a specification 113
of the type set forth in section 2941.142 of the Revised Code in 114
relation to the act for which the child was adjudicated a 115
delinquent child, the court shall commit the child for the 116
specification to the legal custody of the department of youth 117
services for institutionalization in a secure facility for a 118
definite period of not less than one and not more than three 119
years, subject to division (D)(2) of this section, and the court 120
also shall commit the child to the department for the underlying 121
delinquent act.122

       (D)(1) If the child is adjudicated a delinquent child for 123
committing an act that would be an offense of violence that is a 124
felony if committed by an adult and is committed to the legal 125
custody of the department of youth services pursuant to division 126
(A)(1) of section 2152.16 of the Revised Code and if the court 127
determines that the child, if the child was an adult, would be 128
guilty of a specification of the type set forth in section 129
2941.1411 of the Revised Code in relation to the act for which the 130
child was adjudicated a delinquent child, the court may commit the 131
child to the custody of the department of youth services for 132
institutionalization in a secure facility for up to two years, 133
subject to division (D)(2) of this section.134

       (2) A court that imposes a period of commitment under 135
division (A) of this section is not precluded from imposing an 136
additional period of commitment under division (C) or (D)(1) of 137
this section, a court that imposes a period of commitment under 138
division (C) of this section is not precluded from imposing an 139
additional period of commitment under division (A) or (D)(1) of 140
this section, and a court that imposes a period of commitment 141
under division (D)(1) of this section is not precluded from 142
imposing an additional period of commitment under division (A) or 143
(C) of this section.144

       (E) The court shall not commit a child to the legal custody 145
of the department of youth services for a specification pursuant 146
to this section for a period that exceeds fiveten years for any 147
one delinquent act. Any commitment imposed pursuant to division 148
(A), (B), (C), or (D)(1) of this section shall be in addition to, 149
and shall be served consecutively with and prior to, a period of 150
commitment ordered under this chapter for the underlying 151
delinquent act, and each commitment imposed pursuant to division 152
(A), (B), (C), or (D)(1) of this section shall be in addition to, 153
and shall be served consecutively with, any other period of 154
commitment imposed under those divisions. If a commitment is 155
imposed under division (A) or (B) of this section and a commitment 156
also is imposed under division (C) of this section, the period 157
imposed under division (A) or (B) of this section shall be served 158
prior to the period imposed under division (C) of this section.159

       In each case in which a court makes a disposition under this 160
section, the court retains control over the commitment for the 161
entire period of the commitment.162

       The total of all the periods of commitment imposed for any 163
specification under this section and for the underlying offense 164
shall not exceed the child's attainment of twenty-one years of 165
age.166

       (F) If a child is adjudicated a delinquent child for 167
committing two or more acts that would be felonies if committed by 168
an adult and if the court entering the delinquent child 169
adjudication orders the commitment of the child for two or more of 170
those acts to the legal custody of the department of youth 171
services for institutionalization in a secure facility pursuant to 172
section 2152.13 or 2152.16 of the Revised Code, the court may 173
order that all of the periods of commitment imposed under those 174
sections for those acts be served consecutively in the legal 175
custody of the department of youth services, provided that those 176
periods of commitment shall be in addition to and commence 177
immediately following the expiration of a period of commitment 178
that the court imposes pursuant to division (A), (B), (C), or 179
(D)(1) of this section. A court shall not commit a delinquent 180
child to the legal custody of the department of youth services 181
under this division for a period that exceeds the child's 182
attainment of twenty-one years of age.183

       Sec. 2923.132.  (A) As used in this section:184

       (1) "Violent career criminal" means a person who within the 185
preceding fifteen years has been convicted of or pleaded guilty to 186
two or more violent felony offenses or has been adjudicated a 187
delinquent child for committing an act that would constitute a 188
violent felony offense if committed by an adult and also has been 189
convicted of or pleaded guilty to a violent felony offense. 190

       (2) "Violent felony offense" means any of the following:191

       (a) A violation of section 2903.01, 2903.02, 2903.03, 192
2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2909.02, 193
2909.23, 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised 194
Code;195

       (b) A felony violation of any section in Chapter 2907. of the 196
Revised Code;197

       (c) A felony violation of section 2909.24 of the Revised Code 198
or a violation of section 2919.25 of the Revised Code that is a 199
felony of the third degree;200

       (d) A violation of section 2923.02 of the Revised Code or an 201
attempt to commit any of the offenses listed or described in 202
division (A)(2) of this section;203

       (e) A violation of any existing or former ordinance or law of 204
this state, another state, or the United States that is or was 205
substantially equivalent to any offense listed or described in 206
division (A)(2) of this section;207

       (f) A delinquent child adjudication for the commission of an 208
act that if the act had been committed by an adult would have been 209
an offense listed or described in divisions (A)(2)(a) to (e) of 210
this section.211

       (3) "Dangerous ordnance" and "firearm" have the same meanings 212
as in section 2923.11 of the Revised Code.213

       (B) No violent career criminal shall knowingly acquire, have, 214
carry, or use any firearm or dangerous ordnance. 215

       (C) Whoever violates this section is guilty of unlawful 216
possession or use of a weapon by a violent career criminal, a 217
felony of the first degree, and the court shall impose upon the 218
offender a mandatory prison term of eleven years.219

       Sec. 2929.13.  (A) Except as provided in division (E), (F), 220
or (G) of this section and unless a specific sanction is required 221
to be imposed or is precluded from being imposed pursuant to law, 222
a court that imposes a sentence upon an offender for a felony may 223
impose any sanction or combination of sanctions on the offender 224
that are provided in sections 2929.14 to 2929.18 of the Revised 225
Code. 226

       If the offender is eligible to be sentenced to community 227
control sanctions, the court shall consider the appropriateness of 228
imposing a financial sanction pursuant to section 2929.18 of the 229
Revised Code or a sanction of community service pursuant to 230
section 2929.17 of the Revised Code as the sole sanction for the 231
offense. Except as otherwise provided in this division, if the 232
court is required to impose a mandatory prison term for the 233
offense for which sentence is being imposed, the court also shall 234
impose any financial sanction pursuant to section 2929.18 of the 235
Revised Code that is required for the offense and may impose any 236
other financial sanction pursuant to that section but may not 237
impose any additional sanction or combination of sanctions under 238
section 2929.16 or 2929.17 of the Revised Code.239

       If the offender is being sentenced for a fourth degree felony 240
OVI offense or for a third degree felony OVI offense, in addition 241
to the mandatory term of local incarceration or the mandatory 242
prison term required for the offense by division (G)(1) or (2) of 243
this section, the court shall impose upon the offender a mandatory 244
fine in accordance with division (B)(3) of section 2929.18 of the 245
Revised Code and may impose whichever of the following is 246
applicable:247

       (1) For a fourth degree felony OVI offense for which sentence 248
is imposed under division (G)(1) of this section, an additional 249
community control sanction or combination of community control 250
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 251
the court imposes upon the offender a community control sanction 252
and the offender violates any condition of the community control 253
sanction, the court may take any action prescribed in division (B) 254
of section 2929.15 of the Revised Code relative to the offender, 255
including imposing a prison term on the offender pursuant to that 256
division.257

       (2) For a third or fourth degree felony OVI offense for which 258
sentence is imposed under division (G)(2) of this section, an 259
additional prison term as described in division (B)(4) of section 260
2929.14 of the Revised Code or a community control sanction as 261
described in division (G)(2) of this section.262

       (B)(1)(a) Except as provided in division (B)(1)(b) of this 263
section, if an offender is convicted of or pleads guilty to a 264
felony of the fourth or fifth degree that is not an offense of 265
violence or that is a qualifying assault offense, the court shall 266
sentence the offender to a community control sanction of at least 267
one year's duration if all of the following apply: 268

       (i) The offender previously has not been convicted of or 269
pleaded guilty to a felony offense. 270

       (ii) The most serious charge against the offender at the time 271
of sentencing is a felony of the fourth or fifth degree.272

       (iii) If the court made a request of the department of 273
rehabilitation and correction pursuant to division (B)(1)(c) of 274
this section, the department, within the forty-five-day period 275
specified in that division, provided the court with the names of, 276
contact information for, and program details of one or more 277
community control sanctions of at least one year's duration that 278
are available for persons sentenced by the court.279

       (iv) The offender previously has not been convicted of or 280
pleaded guilty to a misdemeanor offense of violence that the 281
offender committed within two years prior to the offense for which 282
sentence is being imposed.283

       (b) The court has discretion to impose a prison term upon an 284
offender who is convicted of or pleads guilty to a felony of the 285
fourth or fifth degree that is not an offense of violence or that 286
is a qualifying assault offense if any of the following apply: 287

       (i) The offender committed the offense while having a firearm 288
on or about the offender's person or under the offender's control. 289

       (ii) If the offense is a qualifying assault offense, the 290
offender caused serious physical harm to another person while 291
committing the offense, and, if the offense is not a qualifying 292
assault offense, the offender caused physical harm to another 293
person while committing the offense. 294

       (iii) The offender violated a term of the conditions of bond 295
as set by the court.296

       (iv) The court made a request of the department of 297
rehabilitation and correction pursuant to division (B)(1)(c) of 298
this section, and the department, within the forty-five-day period 299
specified in that division, did not provide the court with the 300
name of, contact information for, and program details of any 301
community control sanction of at least one year's duration that is 302
available for persons sentenced by the court.303

       (v) The offense is a sex offense that is a fourth or fifth 304
degree felony violation of any provision of Chapter 2907. of the 305
Revised Code.306

       (vi) In committing the offense, the offender attempted to 307
cause or made an actual threat of physical harm to a person with a 308
deadly weapon.309

       (vii) In committing the offense, the offender attempted to 310
cause or made an actual threat of physical harm to a person, and 311
the offender previously was convicted of an offense that caused 312
physical harm to a person. 313

       (viii) The offender held a public office or position of 314
trust, and the offense related to that office or position; the 315
offender's position obliged the offender to prevent the offense or 316
to bring those committing it to justice; or the offender's 317
professional reputation or position facilitated the offense or was 318
likely to influence the future conduct of others.319

       (ix) The offender committed the offense for hire or as part 320
of an organized criminal activity.321

       (x) The offender at the time of the offense was serving, or 322
the offender previously had served, a prison term.323

       (xi) The offender committed the offense while under a 324
community control sanction, while on probation, or while released 325
from custody on a bond or personal recognizance.326

       (c) If a court that is sentencing an offender who is 327
convicted of or pleads guilty to a felony of the fourth or fifth 328
degree that is not an offense of violence or that is a qualifying 329
assault offense believes that no community control sanctions are 330
available for its use that, if imposed on the offender, will 331
adequately fulfill the overriding principles and purposes of 332
sentencing, the court shall contact the department of 333
rehabilitation and correction and ask the department to provide 334
the court with the names of, contact information for, and program 335
details of one or more community control sanctions of at least one 336
year's duration that are available for persons sentenced by the 337
court. Not later than forty-five days after receipt of a request 338
from a court under this division, the department shall provide the 339
court with the names of, contact information for, and program 340
details of one or more community control sanctions of at least one 341
year's duration that are available for persons sentenced by the 342
court, if any. Upon making a request under this division that 343
relates to a particular offender, a court shall defer sentencing 344
of that offender until it receives from the department the names 345
of, contact information for, and program details of one or more 346
community control sanctions of at least one year's duration that 347
are available for persons sentenced by the court or for forty-five 348
days, whichever is the earlier.349

       If the department provides the court with the names of, 350
contact information for, and program details of one or more 351
community control sanctions of at least one year's duration that 352
are available for persons sentenced by the court within the 353
forty-five-day period specified in this division, the court shall 354
impose upon the offender a community control sanction under 355
division (B)(1)(a) of this section, except that the court may 356
impose a prison term under division (B)(1)(b) of this section if a 357
factor described in division (B)(1)(b)(i) or (ii) of this section 358
applies. If the department does not provide the court with the 359
names of, contact information for, and program details of one or 360
more community control sanctions of at least one year's duration 361
that are available for persons sentenced by the court within the 362
forty-five-day period specified in this division, the court may 363
impose upon the offender a prison term under division 364
(B)(1)(b)(iv) of this section.365

       (d) A sentencing court may impose an additional penalty under 366
division (B) of section 2929.15 of the Revised Code upon an 367
offender sentenced to a community control sanction under division 368
(B)(1)(a) of this section if the offender violates the conditions 369
of the community control sanction, violates a law, or leaves the 370
state without the permission of the court or the offender's 371
probation officer.372

       (2) If division (B)(1) of this section does not apply, except 373
as provided in division (E), (F), or (G) of this section, in 374
determining whether to impose a prison term as a sanction for a 375
felony of the fourth or fifth degree, the sentencing court shall 376
comply with the purposes and principles of sentencing under 377
section 2929.11 of the Revised Code and with section 2929.12 of 378
the Revised Code.379

       (C) Except as provided in division (D), (E), (F), or (G) of 380
this section, in determining whether to impose a prison term as a 381
sanction for a felony of the third degree or a felony drug offense 382
that is a violation of a provision of Chapter 2925. of the Revised 383
Code and that is specified as being subject to this division for 384
purposes of sentencing, the sentencing court shall comply with the 385
purposes and principles of sentencing under section 2929.11 of the 386
Revised Code and with section 2929.12 of the Revised Code.387

       (D)(1) Except as provided in division (E) or (F) of this 388
section, for a felony of the first or second degree, for a felony 389
drug offense that is a violation of any provision of Chapter 390
2925., 3719., or 4729. of the Revised Code for which a presumption 391
in favor of a prison term is specified as being applicable, and 392
for a violation of division (A)(4) or (B) of section 2907.05 of 393
the Revised Code for which a presumption in favor of a prison term 394
is specified as being applicable, it is presumed that a prison 395
term is necessary in order to comply with the purposes and 396
principles of sentencing under section 2929.11 of the Revised 397
Code. Division (D)(2) of this section does not apply to a 398
presumption established under this division for a violation of 399
division (A)(4) of section 2907.05 of the Revised Code.400

       (2) Notwithstanding the presumption established under 401
division (D)(1) of this section for the offenses listed in that 402
division other than a violation of division (A)(4) or (B) of 403
section 2907.05 of the Revised Code, the sentencing court may 404
impose a community control sanction or a combination of community 405
control sanctions instead of a prison term on an offender for a 406
felony of the first or second degree or for a felony drug offense 407
that is a violation of any provision of Chapter 2925., 3719., or 408
4729. of the Revised Code for which a presumption in favor of a 409
prison term is specified as being applicable if it makes both of 410
the following findings:411

       (a) A community control sanction or a combination of 412
community control sanctions would adequately punish the offender 413
and protect the public from future crime, because the applicable 414
factors under section 2929.12 of the Revised Code indicating a 415
lesser likelihood of recidivism outweigh the applicable factors 416
under that section indicating a greater likelihood of recidivism.417

       (b) A community control sanction or a combination of 418
community control sanctions would not demean the seriousness of 419
the offense, because one or more factors under section 2929.12 of 420
the Revised Code that indicate that the offender's conduct was 421
less serious than conduct normally constituting the offense are 422
applicable, and they outweigh the applicable factors under that 423
section that indicate that the offender's conduct was more serious 424
than conduct normally constituting the offense.425

       (E)(1) Except as provided in division (F) of this section, 426
for any drug offense that is a violation of any provision of 427
Chapter 2925. of the Revised Code and that is a felony of the 428
third, fourth, or fifth degree, the applicability of a presumption 429
under division (D) of this section in favor of a prison term or of 430
division (B) or (C) of this section in determining whether to 431
impose a prison term for the offense shall be determined as 432
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 433
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the 434
Revised Code, whichever is applicable regarding the violation.435

       (2) If an offender who was convicted of or pleaded guilty to 436
a felony violates the conditions of a community control sanction 437
imposed for the offense solely by reason of producing positive 438
results on a drug test, the court, as punishment for the violation 439
of the sanction, shall not order that the offender be imprisoned 440
unless the court determines on the record either of the following:441

       (a) The offender had been ordered as a sanction for the 442
felony to participate in a drug treatment program, in a drug 443
education program, or in narcotics anonymous or a similar program, 444
and the offender continued to use illegal drugs after a reasonable 445
period of participation in the program.446

       (b) The imprisonment of the offender for the violation is 447
consistent with the purposes and principles of sentencing set 448
forth in section 2929.11 of the Revised Code.449

       (3) A court that sentences an offender for a drug abuse 450
offense that is a felony of the third, fourth, or fifth degree may 451
require that the offender be assessed by a properly credentialed 452
professional within a specified period of time. The court shall 453
require the professional to file a written assessment of the 454
offender with the court. If the offender is eligible for a 455
community control sanction and after considering the written 456
assessment, the court may impose a community control sanction that 457
includes treatment and recovery support services authorized by 458
section 3793.02 of the Revised Code. If the court imposes 459
treatment and recovery support services as a community control 460
sanction, the court shall direct the level and type of treatment 461
and recovery support services after considering the assessment and 462
recommendation of treatment and recovery support services 463
providers.464

       (F) Notwithstanding divisions (A) to (E) of this section, the 465
court shall impose a prison term or terms under sections 2929.02 466
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 467
of the Revised Code and except as specifically provided in section 468
2929.20, divisions (C) to (I) of section 2967.19, or section 469
2967.191 of the Revised Code or when parole is authorized for the 470
offense under section 2967.13 of the Revised Code shall not reduce 471
the term or terms pursuant to section 2929.20, section 2967.19, 472
section 2967.193, or any other provision of Chapter 2967. or 473
Chapter 5120. of the Revised Code for any of the following 474
offenses:475

       (1) Aggravated murder when death is not imposed or murder;476

       (2) Any rape, regardless of whether force was involved and 477
regardless of the age of the victim, or an attempt to commit rape 478
if, had the offender completed the rape that was attempted, the 479
offender would have been guilty of a violation of division 480
(A)(1)(b) of section 2907.02 of the Revised Code and would be 481
sentenced under section 2971.03 of the Revised Code;482

       (3) Gross sexual imposition or sexual battery, if the victim 483
is less than thirteen years of age and if any of the following 484
applies:485

       (a) Regarding gross sexual imposition, the offender 486
previously was convicted of or pleaded guilty to rape, the former 487
offense of felonious sexual penetration, gross sexual imposition, 488
or sexual battery, and the victim of the previous offense was less 489
than thirteen years of age;490

       (b) Regarding gross sexual imposition, the offense was 491
committed on or after August 3, 2006, and evidence other than the 492
testimony of the victim was admitted in the case corroborating the 493
violation.494

       (c) Regarding sexual battery, either of the following 495
applies:496

       (i) The offense was committed prior to August 3, 2006, the 497
offender previously was convicted of or pleaded guilty to rape, 498
the former offense of felonious sexual penetration, or sexual 499
battery, and the victim of the previous offense was less than 500
thirteen years of age.501

       (ii) The offense was committed on or after August 3, 2006.502

       (4) A felony violation of section 2903.04, 2903.06, 2903.08, 503
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07, or 2923.12 of the 504
Revised Code if the section requires the imposition of a prison 505
term;506

       (5) A first, second, or third degree felony drug offense for 507
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 508
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 509
4729.99 of the Revised Code, whichever is applicable regarding the 510
violation, requires the imposition of a mandatory prison term;511

       (6) Any offense that is a first or second degree felony and 512
that is not set forth in division (F)(1), (2), (3), or (4) of this 513
section, if the offender previously was convicted of or pleaded 514
guilty to aggravated murder, murder, any first or second degree 515
felony, or an offense under an existing or former law of this 516
state, another state, or the United States that is or was 517
substantially equivalent to one of those offenses;518

       (7) Any offense that is a third degree felony and either is a 519
violation of section 2903.04 of the Revised Code or an attempt to 520
commit a felony of the second degree that is an offense of 521
violence and involved an attempt to cause serious physical harm to 522
a person or that resulted in serious physical harm to a person if 523
the offender previously was convicted of or pleaded guilty to any 524
of the following offenses:525

       (a) Aggravated murder, murder, involuntary manslaughter, 526
rape, felonious sexual penetration as it existed under section 527
2907.12 of the Revised Code prior to September 3, 1996, a felony 528
of the first or second degree that resulted in the death of a 529
person or in physical harm to a person, or complicity in or an 530
attempt to commit any of those offenses;531

       (b) An offense under an existing or former law of this state, 532
another state, or the United States that is or was substantially 533
equivalent to an offense listed in division (F)(7)(a) of this 534
section that resulted in the death of a person or in physical harm 535
to a person.536

       (8) Any offense, other than a violation of section 2923.12 of 537
the Revised Code, that is a felony, if the offender had a firearm 538
on or about the offender's person or under the offender's control 539
while committing the felony, with respect to a portion of the 540
sentence imposed pursuant to division (B)(1)(a) of section 2929.14 541
of the Revised Code for having the firearm;542

       (9) Any offense of violence that is a felony, if the offender 543
wore or carried body armor while committing the felony offense of 544
violence, with respect to the portion of the sentence imposed 545
pursuant to division (B)(1)(d) of section 2929.14 of the Revised 546
Code for wearing or carrying the body armor;547

       (10) Corrupt activity in violation of section 2923.32 of the 548
Revised Code when the most serious offense in the pattern of 549
corrupt activity that is the basis of the offense is a felony of 550
the first degree;551

       (11) Any violent sex offense or designated homicide, assault, 552
or kidnapping offense if, in relation to that offense, the 553
offender is adjudicated a sexually violent predator;554

       (12) A violation of division (A)(1) or (2) of section 2921.36 555
of the Revised Code, or a violation of division (C) of that 556
section involving an item listed in division (A)(1) or (2) of that 557
section, if the offender is an officer or employee of the 558
department of rehabilitation and correction;559

        (13) A violation of division (A)(1) or (2) of section 2903.06 560
of the Revised Code if the victim of the offense is a peace 561
officer, as defined in section 2935.01 of the Revised Code, or an 562
investigator of the bureau of criminal identification and 563
investigation, as defined in section 2903.11 of the Revised Code, 564
with respect to the portion of the sentence imposed pursuant to 565
division (B)(5) of section 2929.14 of the Revised Code;566

        (14) A violation of division (A)(1) or (2) of section 2903.06 567
of the Revised Code if the offender has been convicted of or 568
pleaded guilty to three or more violations of division (A) or (B) 569
of section 4511.19 of the Revised Code or an equivalent offense, 570
as defined in section 2941.1415 of the Revised Code, or three or 571
more violations of any combination of those divisions and 572
offenses, with respect to the portion of the sentence imposed 573
pursuant to division (B)(6) of section 2929.14 of the Revised 574
Code;575

       (15) Kidnapping, in the circumstances specified in section 576
2971.03 of the Revised Code and when no other provision of 577
division (F) of this section applies;578

        (16) Kidnapping, abduction, compelling prostitution, 579
promoting prostitution, engaging in a pattern of corrupt activity, 580
illegal use of a minor in a nudity-oriented material or 581
performance in violation of division (A)(1) or (2) of section 582
2907.323 of the Revised Code, or endangering children in violation 583
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of 584
the Revised Code, if the offender is convicted of or pleads guilty 585
to a specification as described in section 2941.1422 of the 586
Revised Code that was included in the indictment, count in the 587
indictment, or information charging the offense;588

       (17) A felony violation of division (A) or (B) of section 589
2919.25 of the Revised Code if division (D)(3), (4), or (5) of 590
that section, and division (D)(6) of that section, require the 591
imposition of a prison term;592

       (18) A felony violation of section 2903.11, 2903.12, or 593
2903.13 of the Revised Code, if the victim of the offense was a 594
woman that the offender knew was pregnant at the time of the 595
violation, with respect to a portion of the sentence imposed 596
pursuant to division (B)(8) of section 2929.14 of the Revised 597
Code;598

       (19)(a) Any violent felony offense if the offender is a 599
violent career criminal and had a firearm on or about the 600
offender's person or under the offender's control during the 601
commission of the violent felony offense, with respect to the 602
portion of the sentence imposed under division (K) of section 603
2929.14 of the Revised Code.604

       (b) As used in division (F)(19)(a) of this section, "violent 605
career criminal" and "violent felony offense" have the same 606
meanings as in section 2923.132 of the Revised Code.607

       (G) Notwithstanding divisions (A) to (E) of this section, if 608
an offender is being sentenced for a fourth degree felony OVI 609
offense or for a third degree felony OVI offense, the court shall 610
impose upon the offender a mandatory term of local incarceration 611
or a mandatory prison term in accordance with the following:612

       (1) If the offender is being sentenced for a fourth degree 613
felony OVI offense and if the offender has not been convicted of 614
and has not pleaded guilty to a specification of the type 615
described in section 2941.1413 of the Revised Code, the court may 616
impose upon the offender a mandatory term of local incarceration 617
of sixty days or one hundred twenty days as specified in division 618
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall 619
not reduce the term pursuant to section 2929.20, 2967.193, or any 620
other provision of the Revised Code. The court that imposes a 621
mandatory term of local incarceration under this division shall 622
specify whether the term is to be served in a jail, a 623
community-based correctional facility, a halfway house, or an 624
alternative residential facility, and the offender shall serve the 625
term in the type of facility specified by the court. A mandatory 626
term of local incarceration imposed under division (G)(1) of this 627
section is not subject to any other Revised Code provision that 628
pertains to a prison term except as provided in division (A)(1) of 629
this section.630

       (2) If the offender is being sentenced for a third degree 631
felony OVI offense, or if the offender is being sentenced for a 632
fourth degree felony OVI offense and the court does not impose a 633
mandatory term of local incarceration under division (G)(1) of 634
this section, the court shall impose upon the offender a mandatory 635
prison term of one, two, three, four, or five years if the 636
offender also is convicted of or also pleads guilty to a 637
specification of the type described in section 2941.1413 of the 638
Revised Code or shall impose upon the offender a mandatory prison 639
term of sixty days or one hundred twenty days as specified in 640
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 641
if the offender has not been convicted of and has not pleaded 642
guilty to a specification of that type. Subject to divisions (C) 643
to (I) of section 2967.19 of the Revised Code, the court shall not 644
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or 645
any other provision of the Revised Code. The offender shall serve 646
the one-, two-, three-, four-, or five-year mandatory prison term 647
consecutively to and prior to the prison term imposed for the 648
underlying offense and consecutively to any other mandatory prison 649
term imposed in relation to the offense. In no case shall an 650
offender who once has been sentenced to a mandatory term of local 651
incarceration pursuant to division (G)(1) of this section for a 652
fourth degree felony OVI offense be sentenced to another mandatory 653
term of local incarceration under that division for any violation 654
of division (A) of section 4511.19 of the Revised Code. In 655
addition to the mandatory prison term described in division (G)(2) 656
of this section, the court may sentence the offender to a 657
community control sanction under section 2929.16 or 2929.17 of the 658
Revised Code, but the offender shall serve the prison term prior 659
to serving the community control sanction. The department of 660
rehabilitation and correction may place an offender sentenced to a 661
mandatory prison term under this division in an intensive program 662
prison established pursuant to section 5120.033 of the Revised 663
Code if the department gave the sentencing judge prior notice of 664
its intent to place the offender in an intensive program prison 665
established under that section and if the judge did not notify the 666
department that the judge disapproved the placement. Upon the 667
establishment of the initial intensive program prison pursuant to 668
section 5120.033 of the Revised Code that is privately operated 669
and managed by a contractor pursuant to a contract entered into 670
under section 9.06 of the Revised Code, both of the following 671
apply:672

       (a) The department of rehabilitation and correction shall 673
make a reasonable effort to ensure that a sufficient number of 674
offenders sentenced to a mandatory prison term under this division 675
are placed in the privately operated and managed prison so that 676
the privately operated and managed prison has full occupancy.677

       (b) Unless the privately operated and managed prison has full 678
occupancy, the department of rehabilitation and correction shall 679
not place any offender sentenced to a mandatory prison term under 680
this division in any intensive program prison established pursuant 681
to section 5120.033 of the Revised Code other than the privately 682
operated and managed prison.683

       (H) If an offender is being sentenced for a sexually oriented 684
offense or child-victim oriented offense that is a felony 685
committed on or after January 1, 1997, the judge shall require the 686
offender to submit to a DNA specimen collection procedure pursuant 687
to section 2901.07 of the Revised Code.688

       (I) If an offender is being sentenced for a sexually oriented 689
offense or a child-victim oriented offense committed on or after 690
January 1, 1997, the judge shall include in the sentence a summary 691
of the offender's duties imposed under sections 2950.04, 2950.041, 692
2950.05, and 2950.06 of the Revised Code and the duration of the 693
duties. The judge shall inform the offender, at the time of 694
sentencing, of those duties and of their duration. If required 695
under division (A)(2) of section 2950.03 of the Revised Code, the 696
judge shall perform the duties specified in that section, or, if 697
required under division (A)(6) of section 2950.03 of the Revised 698
Code, the judge shall perform the duties specified in that 699
division.700

       (J)(1) Except as provided in division (J)(2) of this section, 701
when considering sentencing factors under this section in relation 702
to an offender who is convicted of or pleads guilty to an attempt 703
to commit an offense in violation of section 2923.02 of the 704
Revised Code, the sentencing court shall consider the factors 705
applicable to the felony category of the violation of section 706
2923.02 of the Revised Code instead of the factors applicable to 707
the felony category of the offense attempted.708

       (2) When considering sentencing factors under this section in 709
relation to an offender who is convicted of or pleads guilty to an 710
attempt to commit a drug abuse offense for which the penalty is 711
determined by the amount or number of unit doses of the controlled 712
substance involved in the drug abuse offense, the sentencing court 713
shall consider the factors applicable to the felony category that 714
the drug abuse offense attempted would be if that drug abuse 715
offense had been committed and had involved an amount or number of 716
unit doses of the controlled substance that is within the next 717
lower range of controlled substance amounts than was involved in 718
the attempt.719

       (K) As used in this section:720

       (1) "Drug abuse offense" has the same meaning as in section 721
2925.01 of the Revised Code.722

       (2) "Qualifying assault offense" means a violation of section 723
2903.13 of the Revised Code for which the penalty provision in 724
division (C)(7)(b) or (C)(8)(b) of that section applies.725

       (L) At the time of sentencing an offender for any sexually 726
oriented offense, if the offender is a tier III sex 727
offender/child-victim offender relative to that offense and the 728
offender does not serve a prison term or jail term, the court may 729
require that the offender be monitored by means of a global 730
positioning device. If the court requires such monitoring, the 731
cost of monitoring shall be borne by the offender. If the offender 732
is indigent, the cost of compliance shall be paid by the crime 733
victims reparations fund.734

       Sec. 2929.14.  (A) Except as provided in division (B)(1), 735
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), 736
(H), or (J), or (K) of this section or in division (D)(6) of 737
section 2919.25 of the Revised Code and except in relation to an 738
offense for which a sentence of death or life imprisonment is to 739
be imposed, if the court imposing a sentence upon an offender for 740
a felony elects or is required to impose a prison term on the 741
offender pursuant to this chapter, the court shall impose a 742
definite prison term that shall be one of the following:743

       (1) For a felony of the first degree, the prison term shall 744
be three, four, five, six, seven, eight, nine, ten, or eleven 745
years.746

       (2) For a felony of the second degree, the prison term shall 747
be two, three, four, five, six, seven, or eight years.748

       (3)(a) For a felony of the third degree that is a violation 749
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the 750
Revised Code or that is a violation of section 2911.02 or 2911.12 751
of the Revised Code if the offender previously has been convicted 752
of or pleaded guilty in two or more separate proceedings to two or 753
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 754
of the Revised Code, the prison term shall be twelve, eighteen, 755
twenty-four, thirty, thirty-six, forty-two, forty-eight, 756
fifty-four, or sixty months.757

       (b) For a felony of the third degree that is not an offense 758
for which division (A)(3)(a) of this section applies, the prison 759
term shall be nine, twelve, eighteen, twenty-four, thirty, or 760
thirty-six months.761

       (4) For a felony of the fourth degree, the prison term shall 762
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 763
fourteen, fifteen, sixteen, seventeen, or eighteen months.764

       (5) For a felony of the fifth degree, the prison term shall 765
be six, seven, eight, nine, ten, eleven, or twelve months.766

       (B)(1)(a) Except as provided in division (B)(1)(e) of this 767
section, if an offender who is convicted of or pleads guilty to a 768
felony also is convicted of or pleads guilty to a specification of 769
the type described in section 2941.141, 2941.144, or 2941.145 of 770
the Revised Code, the court shall impose on the offender one of 771
the following prison terms:772

       (i) A prison term of six years if the specification is of the 773
type described in division (A) of section 2941.144 of the Revised 774
Code that charges the offender with having a firearm that is an 775
automatic firearm or that was equipped with a firearm muffler or 776
silencer on or about the offender's person or under the offender's 777
control while committing the felonyoffense;778

       (ii) A prison term of three years if the specification is of 779
the type described in division (A) of section 2941.145 of the 780
Revised Code that charges the offender with having a firearm on or 781
about the offender's person or under the offender's control while 782
committing the offense and displaying the firearm, brandishing the 783
firearm, indicating that the offender possessed the firearm, or 784
using it to facilitate the offense;785

       (iii) A prison term of one year if the specification is of 786
the type described in division (A) of section 2941.141 of the 787
Revised Code that charges the offender with having a firearm on or 788
about the offender's person or under the offender's control while 789
committing the felonyoffense;790

       (iv) A prison term of twelve years if the specification is of 791
the type described in division (D) of section 2941.144 of the 792
Revised Code that charges the offender with having a firearm that 793
is an automatic firearm or that was equipped with a firearm 794
muffler or silencer on or about the offender's person or under the 795
offender's control while committing the offense and specifies that 796
the offender previously has been convicted of or pleaded guilty to 797
a specification of the type described in section 2941.141, 798
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code;799

       (v) A prison term of six years if the specification is of the 800
type described in division (D) of section 2941.145 of the Revised 801
Code that charges the offender with having a firearm on or about 802
the offender's person or under the offender's control while 803
committing the offense and displaying the firearm, brandishing the 804
firearm, indicating that the offender possessed the firearm, or 805
using the firearm to facilitate the offense and that the offender 806
previously has been convicted of or pleaded guilty to a 807
specification of the type described in section 2941.141, 2941.144, 808
2941.145, 2941.146, or 2941.1412 of the Revised Code;809

       (vi) A prison term of two years if the specification is of 810
the type described in division (D) of section 2941.141 of the 811
Revised Code that charges the offender with having a firearm on or 812
about the offender's person or under the offender's control while 813
committing the offense and that the offender previously has been 814
convicted of or pleaded guilty to a specification of the type 815
described in section 2941.141, 2941.144, 2941.145, 2941.146, or 816
2941.1412 of the Revised Code.817

       (b) If a court imposes a prison term on an offender under 818
division (B)(1)(a) of this section, the prison term shall not be 819
reduced pursuant to section 2967.19, section 2929.20, section 820
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 821
of the Revised Code. Except as provided in division (B)(1)(g) of 822
this section, a court shall not impose more than one prison term 823
on an offender under division (B)(1)(a) of this section for 824
felonies committed as part of the same act or transaction.825

       (c)(i) Except as provided in division (B)(1)(e) of this 826
section, if an offender who is convicted of or pleads guilty to a 827
violation of section 2923.161 of the Revised Code or to a felony 828
that includes, as an essential element, purposely or knowingly 829
causing or attempting to cause the death of or physical harm to 830
another, also is convicted of or pleads guilty to a specification 831
of the type described in division (A) of section 2941.146 of the 832
Revised Code that charges the offender with committing the offense 833
by discharging a firearm from a motor vehicle other than a 834
manufactured home, the court, after imposing a prison term on the 835
offender for the violation of section 2923.161 of the Revised Code 836
or for the other felony offense under division (A), (B)(2), or 837
(B)(3) of this section, shall impose an additional prison term of 838
five years upon the offender that shall not be reduced pursuant to 839
section 2929.20, section 2967.19, section 2967.193, or any other 840
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A841

       (ii) Except as provided in division (B)(1)(e) of this 842
section, if an offender who is convicted of or pleads guilty to a 843
violation of section 2923.161 of the Revised Code or to a felony 844
that includes, as an essential element, purposely or knowingly 845
causing or attempting to cause the death of or physical harm to 846
another, also is convicted of or pleads guilty to a specification 847
of the type described in division (C) of section 2941.146 of the 848
Revised Code that charges the offender with committing the offense 849
by discharging a firearm from a motor vehicle other than a 850
manufactured home and that the offender previously has been 851
convicted of or pleaded guilty to a specification of the type 852
described in section 2941.141, 2941.144, 2941.145, 2941.146, or 853
2941.1412 of the Revised Code, the court, after imposing a prison 854
term on the offender for the violation of section 2923.161 of the 855
Revised Code or for the other felony offense under division (A), 856
(B)(2), or (3) of this section, shall impose an additional prison 857
term of ten years upon the offender that shall not be reduced 858
pursuant to section 2929.20, 2967.19, 2967.193, or any other 859
provision of Chapter 2967. or Chapter 5120. of the Revised Code.860

       (iii) A court shall not impose more than one additional 861
prison term on an offender under division (B)(1)(c) of this 862
section for felonies committed as part of the same act or 863
transaction. If a court imposes an additional prison term on an 864
offender under division (B)(1)(c) of this section relative to an 865
offense, the court also shall impose a prison term under division 866
(B)(1)(a) of this section relative to the same offense, provided 867
the criteria specified in that division for imposing an additional 868
prison term are satisfied relative to the offender and the 869
offense.870

       (d) If an offender who is convicted of or pleads guilty to an 871
offense of violence that is a felony also is convicted of or 872
pleads guilty to a specification of the type described in section 873
2941.1411 of the Revised Code that charges the offender with 874
wearing or carrying body armor while committing the felony offense 875
of violence, the court shall impose on the offender a prison term 876
of two years. The prison term so imposed, subject to divisions (C) 877
to (I) of section 2967.19 of the Revised Code, shall not be 878
reduced pursuant to section 2929.20, section 2967.19, section 879
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 880
of the Revised Code. A court shall not impose more than one prison 881
term on an offender under division (B)(1)(d) of this section for 882
felonies committed as part of the same act or transaction. If a 883
court imposes an additional prison term under division (B)(1)(a) 884
or (c) of this section, the court is not precluded from imposing 885
an additional prison term under division (B)(1)(d) of this 886
section.887

       (e) The court shall not impose any of the prison terms 888
described in division (B)(1)(a) of this section or any of the 889
additional prison terms described in division (B)(1)(c) of this 890
section upon an offender for a violation of section 2923.12 or 891
2923.123 of the Revised Code. The court shall not impose any of 892
the prison terms described in division (B)(1)(a) or (b) of this 893
section upon an offender for a violation of section 2923.122 that 894
involves a deadly weapon that is a firearm other than a dangerous 895
ordnance, section 2923.16, or section 2923.121 of the Revised 896
Code. The court shall not impose any of the prison terms described 897
in division (B)(1)(a) of this section or any of the additional 898
prison terms described in division (B)(1)(c) of this section upon 899
an offender for a violation of section 2923.13 of the Revised Code 900
unless all of the following apply:901

       (i) The offender previously has been convicted of aggravated 902
murder, murder, or any felony of the first or second degree.903

       (ii) Less than five years have passed since the offender was 904
released from prison or post-release control, whichever is later, 905
for the prior offense.906

        (f)(i) If an offender is convicted of or pleads guilty to a 907
felony that includes, as an essential element, causing or 908
attempting to cause the death of or physical harm to another and 909
also is convicted of or pleads guilty to a specification of the 910
type described in division (A) of section 2941.1412 of the Revised 911
Code that charges the offender with committing the offense by 912
discharging a firearm at a peace officer as defined in section 913
2935.01 of the Revised Code or a corrections officer, as defined 914
in section 2941.1412 of the Revised Code, the court, after 915
imposing a prison term on the offender for the felony offense 916
under division (A), (B)(2), or (B)(3) of this section, shall 917
impose an additional prison term of seven years upon the offender 918
that shall not be reduced pursuant to section 2929.20, section 919
2967.19, section 2967.193, or any other provision of Chapter 2967. 920
or Chapter 5120. of the Revised Code. If921

       (ii) If an offender is convicted of or pleads guilty to a 922
felony that includes, as an essential element, causing or 923
attempting to cause the death of or physical harm to another and 924
also is convicted of or pleads guilty to a specification of the 925
type described in division (B) of section 2941.1412 of the Revised 926
Code that charges the offender with committing the offense by 927
discharging a firearm at a peace officer, as defined in section 928
2935.01 of the Revised Code, or a corrections officer, as defined 929
in section 2941.1412 of the Revised Code, and that the offender 930
previously has been convicted of or pleaded guilty to a 931
specification of the type described in section 2941.141, 2941.144, 932
2941.145, 2941.146, or 2941.1412 of the Revised Code, the court, 933
after imposing a prison term on the offender for the felony 934
offense under division (A), (B)(2), or (3) of this section, shall 935
impose an additional prison term of fourteen years upon the 936
offender that shall not be reduced pursuant to section 2929.20, 937
2967.19, 2967.193, or any other provision of Chapter 2967. or 938
Chapter 5120. of the Revised Code.939

       (iii) If an offender is convicted of or pleads guilty to two 940
or more felonies that include, as an essential element, causing or 941
attempting to cause the death or physical harm to another and also 942
is convicted of or pleads guilty to a specification of the type 943
described under division (B)(1)(f) of this section in connection 944
with two or more of the felonies of which the offender is 945
convicted or to which the offender pleads guilty, the sentencing 946
court shall impose on the offender the prison term specified under 947
division (B)(1)(f) of this section for each of two of the 948
specifications of which the offender is convicted or to which the 949
offender pleads guilty and, in its discretion, also may impose on 950
the offender the prison term specified under that division for any 951
or all of the remaining specifications. If a court imposes an 952
additional prison term on an offender under division (B)(1)(f) of 953
this section relative to an offense, the court shall not impose a 954
prison term under division (B)(1)(a) or (c) of this section 955
relative to the same offense.956

       (g) If an offender is convicted of or pleads guilty to two or 957
more felonies, if one or more of those felonies are aggravated 958
murder, murder, attempted aggravated murder, attempted murder, 959
aggravated robbery, felonious assault, or rape, and if the 960
offender is convicted of or pleads guilty to a specification of 961
the type described under division (B)(1)(a) of this section in 962
connection with two or more of the felonies, the sentencing court 963
shall impose on the offender the prison term specified under 964
division (B)(1)(a) of this section for each of the two most 965
serious specifications of which the offender is convicted or to 966
which the offender pleads guilty and, in its discretion, also may 967
impose on the offender the prison term specified under that 968
division for any or all of the remaining specifications.969

       (2)(a) If division (B)(2)(b) of this section does not apply, 970
the court may impose on an offender, in addition to the longest 971
prison term authorized or required for the offense, an additional 972
definite prison term of one, two, three, four, five, six, seven, 973
eight, nine, or ten years if all of the following criteria are 974
met:975

       (i) The offender is convicted of or pleads guilty to a 976
specification of the type described in section 2941.149 of the 977
Revised Code that the offender is a repeat violent offender.978

       (ii) The offense of which the offender currently is convicted 979
or to which the offender currently pleads guilty is aggravated 980
murder and the court does not impose a sentence of death or life 981
imprisonment without parole, murder, terrorism and the court does 982
not impose a sentence of life imprisonment without parole, any 983
felony of the first degree that is an offense of violence and the 984
court does not impose a sentence of life imprisonment without 985
parole, or any felony of the second degree that is an offense of 986
violence and the trier of fact finds that the offense involved an 987
attempt to cause or a threat to cause serious physical harm to a 988
person or resulted in serious physical harm to a person.989

       (iii) The court imposes the longest prison term for the 990
offense that is not life imprisonment without parole.991

       (iv) The court finds that the prison terms imposed pursuant 992
to division (B)(2)(a)(iii) of this section and, if applicable, 993
division (B)(1) or (3) of this section are inadequate to punish 994
the offender and protect the public from future crime, because the 995
applicable factors under section 2929.12 of the Revised Code 996
indicating a greater likelihood of recidivism outweigh the 997
applicable factors under that section indicating a lesser 998
likelihood of recidivism.999

       (v) The court finds that the prison terms imposed pursuant to 1000
division (B)(2)(a)(iii) of this section and, if applicable, 1001
division (B)(1) or (3) of this section are demeaning to the 1002
seriousness of the offense, because one or more of the factors 1003
under section 2929.12 of the Revised Code indicating that the 1004
offender's conduct is more serious than conduct normally 1005
constituting the offense are present, and they outweigh the 1006
applicable factors under that section indicating that the 1007
offender's conduct is less serious than conduct normally 1008
constituting the offense.1009

       (b) The court shall impose on an offender the longest prison 1010
term authorized or required for the offense and shall impose on 1011
the offender an additional definite prison term of one, two, 1012
three, four, five, six, seven, eight, nine, or ten years if all of 1013
the following criteria are met:1014

       (i) The offender is convicted of or pleads guilty to a 1015
specification of the type described in section 2941.149 of the 1016
Revised Code that the offender is a repeat violent offender.1017

       (ii) The offender within the preceding twenty years has been 1018
convicted of or pleaded guilty to three or more offenses described 1019
in division (CC)(1) of section 2929.01 of the Revised Code, 1020
including all offenses described in that division of which the 1021
offender is convicted or to which the offender pleads guilty in 1022
the current prosecution and all offenses described in that 1023
division of which the offender previously has been convicted or to 1024
which the offender previously pleaded guilty, whether prosecuted 1025
together or separately.1026

       (iii) The offense or offenses of which the offender currently 1027
is convicted or to which the offender currently pleads guilty is 1028
aggravated murder and the court does not impose a sentence of 1029
death or life imprisonment without parole, murder, terrorism and 1030
the court does not impose a sentence of life imprisonment without 1031
parole, any felony of the first degree that is an offense of 1032
violence and the court does not impose a sentence of life 1033
imprisonment without parole, or any felony of the second degree 1034
that is an offense of violence and the trier of fact finds that 1035
the offense involved an attempt to cause or a threat to cause 1036
serious physical harm to a person or resulted in serious physical 1037
harm to a person.1038

       (c) For purposes of division (B)(2)(b) of this section, two 1039
or more offenses committed at the same time or as part of the same 1040
act or event shall be considered one offense, and that one offense 1041
shall be the offense with the greatest penalty.1042

       (d) A sentence imposed under division (B)(2)(a) or (b) of 1043
this section shall not be reduced pursuant to section 2929.20, 1044
section 2967.19, or section 2967.193, or any other provision of 1045
Chapter 2967. or Chapter 5120. of the Revised Code. The offender 1046
shall serve an additional prison term imposed under this section 1047
consecutively to and prior to the prison term imposed for the 1048
underlying offense.1049

       (e) When imposing a sentence pursuant to division (B)(2)(a) 1050
or (b) of this section, the court shall state its findings 1051
explaining the imposed sentence.1052

       (3) Except when an offender commits a violation of section 1053
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1054
the violation is life imprisonment or commits a violation of 1055
section 2903.02 of the Revised Code, if the offender commits a 1056
violation of section 2925.03 or 2925.11 of the Revised Code and 1057
that section classifies the offender as a major drug offender, if 1058
the offender commits a felony violation of section 2925.02, 1059
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1060
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1061
division (C) of section 4729.51, or division (J) of section 1062
4729.54 of the Revised Code that includes the sale, offer to sell, 1063
or possession of a schedule I or II controlled substance, with the 1064
exception of marihuana, and the court imposing sentence upon the 1065
offender finds that the offender is guilty of a specification of 1066
the type described in section 2941.1410 of the Revised Code 1067
charging that the offender is a major drug offender, if the court 1068
imposing sentence upon an offender for a felony finds that the 1069
offender is guilty of corrupt activity with the most serious 1070
offense in the pattern of corrupt activity being a felony of the 1071
first degree, or if the offender is guilty of an attempted 1072
violation of section 2907.02 of the Revised Code and, had the 1073
offender completed the violation of section 2907.02 of the Revised 1074
Code that was attempted, the offender would have been subject to a 1075
sentence of life imprisonment or life imprisonment without parole 1076
for the violation of section 2907.02 of the Revised Code, the 1077
court shall impose upon the offender for the felony violation a 1078
mandatory prison term of the maximum prison term prescribed for a 1079
felony of the first degree that, subject to divisions (C) to (I) 1080
of section 2967.19 of the Revised Code, cannot be reduced pursuant 1081
to section 2929.20, section 2967.19, or any other provision of 1082
Chapter 2967. or 5120. of the Revised Code.1083

       (4) If the offender is being sentenced for a third or fourth 1084
degree felony OVI offense under division (G)(2) of section 2929.13 1085
of the Revised Code, the sentencing court shall impose upon the 1086
offender a mandatory prison term in accordance with that division. 1087
In addition to the mandatory prison term, if the offender is being 1088
sentenced for a fourth degree felony OVI offense, the court, 1089
notwithstanding division (A)(4) of this section, may sentence the 1090
offender to a definite prison term of not less than six months and 1091
not more than thirty months, and if the offender is being 1092
sentenced for a third degree felony OVI offense, the sentencing 1093
court may sentence the offender to an additional prison term of 1094
any duration specified in division (A)(3) of this section. In 1095
either case, the additional prison term imposed shall be reduced 1096
by the sixty or one hundred twenty days imposed upon the offender 1097
as the mandatory prison term. The total of the additional prison 1098
term imposed under division (B)(4) of this section plus the sixty 1099
or one hundred twenty days imposed as the mandatory prison term 1100
shall equal a definite term in the range of six months to thirty 1101
months for a fourth degree felony OVI offense and shall equal one 1102
of the authorized prison terms specified in division (A)(3) of 1103
this section for a third degree felony OVI offense. If the court 1104
imposes an additional prison term under division (B)(4) of this 1105
section, the offender shall serve the additional prison term after 1106
the offender has served the mandatory prison term required for the 1107
offense. In addition to the mandatory prison term or mandatory and 1108
additional prison term imposed as described in division (B)(4) of 1109
this section, the court also may sentence the offender to a 1110
community control sanction under section 2929.16 or 2929.17 of the 1111
Revised Code, but the offender shall serve all of the prison terms 1112
so imposed prior to serving the community control sanction.1113

        If the offender is being sentenced for a fourth degree felony 1114
OVI offense under division (G)(1) of section 2929.13 of the 1115
Revised Code and the court imposes a mandatory term of local 1116
incarceration, the court may impose a prison term as described in 1117
division (A)(1) of that section.1118

       (5) If an offender is convicted of or pleads guilty to a 1119
violation of division (A)(1) or (2) of section 2903.06 of the 1120
Revised Code and also is convicted of or pleads guilty to a 1121
specification of the type described in section 2941.1414 of the 1122
Revised Code that charges that the victim of the offense is a 1123
peace officer, as defined in section 2935.01 of the Revised Code, 1124
or an investigator of the bureau of criminal identification and 1125
investigation, as defined in section 2903.11 of the Revised Code, 1126
the court shall impose on the offender a prison term of five 1127
years. If a court imposes a prison term on an offender under 1128
division (B)(5) of this section, the prison term, subject to 1129
divisions (C) to (I) of section 2967.19 of the Revised Code, shall 1130
not be reduced pursuant to section 2929.20, section 2967.19, 1131
section 2967.193, or any other provision of Chapter 2967. or 1132
Chapter 5120. of the Revised Code. A court shall not impose more 1133
than one prison term on an offender under division (B)(5) of this 1134
section for felonies committed as part of the same act.1135

        (6) If an offender is convicted of or pleads guilty to a 1136
violation of division (A)(1) or (2) of section 2903.06 of the 1137
Revised Code and also is convicted of or pleads guilty to a 1138
specification of the type described in section 2941.1415 of the 1139
Revised Code that charges that the offender previously has been 1140
convicted of or pleaded guilty to three or more violations of 1141
division (A) or (B) of section 4511.19 of the Revised Code or an 1142
equivalent offense, as defined in section 2941.1415 of the Revised 1143
Code, or three or more violations of any combination of those 1144
divisions and offenses, the court shall impose on the offender a 1145
prison term of three years. If a court imposes a prison term on an 1146
offender under division (B)(6) of this section, the prison term, 1147
subject to divisions (C) to (I) of section 2967.19 of the Revised 1148
Code, shall not be reduced pursuant to section 2929.20, section 1149
2967.19, section 2967.193, or any other provision of Chapter 2967. 1150
or Chapter 5120. of the Revised Code. A court shall not impose 1151
more than one prison term on an offender under division (B)(6) of 1152
this section for felonies committed as part of the same act.1153

       (7)(a) If an offender is convicted of or pleads guilty to a 1154
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 1155
2923.32, division (A)(1) or (2) of section 2907.323, or division 1156
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised 1157
Code and also is convicted of or pleads guilty to a specification 1158
of the type described in section 2941.1422 of the Revised Code 1159
that charges that the offender knowingly committed the offense in 1160
furtherance of human trafficking, the court shall impose on the 1161
offender a mandatory prison term that is one of the following:1162

       (i) If the offense is a felony of the first degree, a 1163
definite prison term of not less than five years and not greater 1164
than ten years;1165

       (ii) If the offense is a felony of the second or third 1166
degree, a definite prison term of not less than three years and 1167
not greater than the maximum prison term allowed for the offense 1168
by division (A) of section 2929.14 of the Revised Code;1169

       (iii) If the offense is a felony of the fourth or fifth 1170
degree, a definite prison term that is the maximum prison term 1171
allowed for the offense by division (A) of section 2929.14 of the 1172
Revised Code.1173

       (b) Subject to divisions (C) to (I) of section 2967.19 of the 1174
Revised Code, the prison term imposed under division (B)(7)(a) of 1175
this section shall not be reduced pursuant to section 2929.20, 1176
section 2967.19, section 2967.193, or any other provision of 1177
Chapter 2967. of the Revised Code. A court shall not impose more 1178
than one prison term on an offender under division (B)(7)(a) of 1179
this section for felonies committed as part of the same act, 1180
scheme, or plan.1181

       (8) If an offender is convicted of or pleads guilty to a 1182
felony violation of section 2903.11, 2903.12, or 2903.13 of the 1183
Revised Code and also is convicted of or pleads guilty to a 1184
specification of the type described in section 2941.1423 of the 1185
Revised Code that charges that the victim of the violation was a 1186
woman whom the offender knew was pregnant at the time of the 1187
violation, notwithstanding the range of prison terms prescribed in 1188
division (A) of this section for felonies of the same degree as 1189
the violation, the court shall impose on the offender a mandatory 1190
prison term that is either a definite prison term of six months or 1191
one of the prison terms prescribed in section 2929.14 of the 1192
Revised Code for felonies of the same degree as the violation.1193

       (C)(1)(a) Subject to division (C)(1)(b) of this section, if a 1194
mandatory prison term is imposed upon an offender pursuant to 1195
division (B)(1)(a) of this section for having a firearm on or 1196
about the offender's person or under the offender's control while 1197
committing a felony, if a mandatory prison term is imposed upon an 1198
offender pursuant to division (B)(1)(c) of this section for 1199
committing a felony specified in that division by discharging a 1200
firearm from a motor vehicle, or if both types of mandatory prison 1201
terms are imposed, the offender shall serve any mandatory prison 1202
term imposed under either division consecutively to any other 1203
mandatory prison term imposed under either division or under 1204
division (B)(1)(d) of this section, consecutively to and prior to 1205
any prison term imposed for the underlying felony pursuant to 1206
division (A), (B)(2), or (B)(3) of this section or any other 1207
section of the Revised Code, and consecutively to any other prison 1208
term or mandatory prison term previously or subsequently imposed 1209
upon the offender.1210

       (b) If a mandatory prison term is imposed upon an offender 1211
pursuant to division (B)(1)(d) of this section for wearing or 1212
carrying body armor while committing an offense of violence that 1213
is a felony, the offender shall serve the mandatory term so 1214
imposed consecutively to any other mandatory prison term imposed 1215
under that division or under division (B)(1)(a) or (c) of this 1216
section, consecutively to and prior to any prison term imposed for 1217
the underlying felony under division (A), (B)(2), or (B)(3) of 1218
this section or any other section of the Revised Code, and 1219
consecutively to any other prison term or mandatory prison term 1220
previously or subsequently imposed upon the offender.1221

       (c) If a mandatory prison term is imposed upon an offender 1222
pursuant to division (B)(1)(f) of this section, the offender shall 1223
serve the mandatory prison term so imposed consecutively to and 1224
prior to any prison term imposed for the underlying felony under 1225
division (A), (B)(2), or (B)(3) of this section or any other 1226
section of the Revised Code, and consecutively to any other prison 1227
term or mandatory prison term previously or subsequently imposed 1228
upon the offender.1229

       (d) If a mandatory prison term is imposed upon an offender 1230
pursuant to division (B)(7) or (8) of this section, the offender 1231
shall serve the mandatory prison term so imposed consecutively to 1232
any other mandatory prison term imposed under that division or 1233
under any other provision of law and consecutively to any other 1234
prison term or mandatory prison term previously or subsequently 1235
imposed upon the offender.1236

       (2) If an offender who is an inmate in a jail, prison, or 1237
other residential detention facility violates section 2917.02, 1238
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) 1239
of section 2921.34 of the Revised Code, if an offender who is 1240
under detention at a detention facility commits a felony violation 1241
of section 2923.131 of the Revised Code, or if an offender who is 1242
an inmate in a jail, prison, or other residential detention 1243
facility or is under detention at a detention facility commits 1244
another felony while the offender is an escapee in violation of 1245
division (A)(1) or (2) of section 2921.34 of the Revised Code, any 1246
prison term imposed upon the offender for one of those violations 1247
shall be served by the offender consecutively to the prison term 1248
or term of imprisonment the offender was serving when the offender 1249
committed that offense and to any other prison term previously or 1250
subsequently imposed upon the offender.1251

       (3) If a prison term is imposed for a violation of division 1252
(B) of section 2911.01 of the Revised Code, a violation of 1253
division (A) of section 2913.02 of the Revised Code in which the 1254
stolen property is a firearm or dangerous ordnance, or a felony 1255
violation of division (B) of section 2921.331 of the Revised Code, 1256
the offender shall serve that prison term consecutively to any 1257
other prison term or mandatory prison term previously or 1258
subsequently imposed upon the offender.1259

       (4) If multiple prison terms are imposed on an offender for 1260
convictions of multiple offenses, the court may require the 1261
offender to serve the prison terms consecutively if the court 1262
finds that the consecutive service is necessary to protect the 1263
public from future crime or to punish the offender and that 1264
consecutive sentences are not disproportionate to the seriousness 1265
of the offender's conduct and to the danger the offender poses to 1266
the public, and if the court also finds any of the following:1267

       (a) The offender committed one or more of the multiple 1268
offenses while the offender was awaiting trial or sentencing, was 1269
under a sanction imposed pursuant to section 2929.16, 2929.17, or 1270
2929.18 of the Revised Code, or was under post-release control for 1271
a prior offense. 1272

       (b) At least two of the multiple offenses were committed as 1273
part of one or more courses of conduct, and the harm caused by two 1274
or more of the multiple offenses so committed was so great or 1275
unusual that no single prison term for any of the offenses 1276
committed as part of any of the courses of conduct adequately 1277
reflects the seriousness of the offender's conduct. 1278

       (c) The offender's history of criminal conduct demonstrates 1279
that consecutive sentences are necessary to protect the public 1280
from future crime by the offender. 1281

       (5) If a mandatory prison term is imposed upon an offender 1282
pursuant to division (B)(5) or (6) of this section, the offender 1283
shall serve the mandatory prison term consecutively to and prior 1284
to any prison term imposed for the underlying violation of 1285
division (A)(1) or (2) of section 2903.06 of the Revised Code 1286
pursuant to division (A) of this section or section 2929.142 of 1287
the Revised Code. If a mandatory prison term is imposed upon an 1288
offender pursuant to division (B)(5) of this section, and if a 1289
mandatory prison term also is imposed upon the offender pursuant 1290
to division (B)(6) of this section in relation to the same 1291
violation, the offender shall serve the mandatory prison term 1292
imposed pursuant to division (B)(5) of this section consecutively 1293
to and prior to the mandatory prison term imposed pursuant to 1294
division (B)(6) of this section and consecutively to and prior to 1295
any prison term imposed for the underlying violation of division 1296
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 1297
division (A) of this section or section 2929.142 of the Revised 1298
Code.1299

       (6) When consecutive prison terms are imposed pursuant to 1300
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) 1301
of this section, the term to be served is the aggregate of all of 1302
the terms so imposed.1303

       (D)(1) If a court imposes a prison term for a felony of the 1304
first degree, for a felony of the second degree, for a felony sex 1305
offense, or for a felony of the third degree that is not a felony 1306
sex offense and in the commission of which the offender caused or 1307
threatened to cause physical harm to a person, it shall include in 1308
the sentence a requirement that the offender be subject to a 1309
period of post-release control after the offender's release from 1310
imprisonment, in accordance with that division. If a court imposes 1311
a sentence including a prison term of a type described in this 1312
division on or after July 11, 2006, the failure of a court to 1313
include a post-release control requirement in the sentence 1314
pursuant to this division does not negate, limit, or otherwise 1315
affect the mandatory period of post-release control that is 1316
required for the offender under division (B) of section 2967.28 of 1317
the Revised Code. Section 2929.191 of the Revised Code applies if, 1318
prior to July 11, 2006, a court imposed a sentence including a 1319
prison term of a type described in this division and failed to 1320
include in the sentence pursuant to this division a statement 1321
regarding post-release control.1322

       (2) If a court imposes a prison term for a felony of the 1323
third, fourth, or fifth degree that is not subject to division 1324
(D)(1) of this section, it shall include in the sentence a 1325
requirement that the offender be subject to a period of 1326
post-release control after the offender's release from 1327
imprisonment, in accordance with that division, if the parole 1328
board determines that a period of post-release control is 1329
necessary. Section 2929.191 of the Revised Code applies if, prior 1330
to July 11, 2006, a court imposed a sentence including a prison 1331
term of a type described in this division and failed to include in 1332
the sentence pursuant to this division a statement regarding 1333
post-release control.1334

       (E) The court shall impose sentence upon the offender in 1335
accordance with section 2971.03 of the Revised Code, and Chapter 1336
2971. of the Revised Code applies regarding the prison term or 1337
term of life imprisonment without parole imposed upon the offender 1338
and the service of that term of imprisonment if any of the 1339
following apply:1340

       (1) A person is convicted of or pleads guilty to a violent 1341
sex offense or a designated homicide, assault, or kidnapping 1342
offense, and, in relation to that offense, the offender is 1343
adjudicated a sexually violent predator.1344

       (2) A person is convicted of or pleads guilty to a violation 1345
of division (A)(1)(b) of section 2907.02 of the Revised Code 1346
committed on or after January 2, 2007, and either the court does 1347
not impose a sentence of life without parole when authorized 1348
pursuant to division (B) of section 2907.02 of the Revised Code, 1349
or division (B) of section 2907.02 of the Revised Code provides 1350
that the court shall not sentence the offender pursuant to section 1351
2971.03 of the Revised Code.1352

       (3) A person is convicted of or pleads guilty to attempted 1353
rape committed on or after January 2, 2007, and a specification of 1354
the type described in section 2941.1418, 2941.1419, or 2941.1420 1355
of the Revised Code.1356

       (4) A person is convicted of or pleads guilty to a violation 1357
of section 2905.01 of the Revised Code committed on or after 1358
January 1, 2008, and that section requires the court to sentence 1359
the offender pursuant to section 2971.03 of the Revised Code.1360

        (5) A person is convicted of or pleads guilty to aggravated 1361
murder committed on or after January 1, 2008, and division 1362
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 1363
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 1364
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 1365
2929.06 of the Revised Code requires the court to sentence the 1366
offender pursuant to division (B)(3) of section 2971.03 of the 1367
Revised Code.1368

        (6) A person is convicted of or pleads guilty to murder 1369
committed on or after January 1, 2008, and division (B)(2) of 1370
section 2929.02 of the Revised Code requires the court to sentence 1371
the offender pursuant to section 2971.03 of the Revised Code.1372

       (F) If a person who has been convicted of or pleaded guilty 1373
to a felony is sentenced to a prison term or term of imprisonment 1374
under this section, sections 2929.02 to 2929.06 of the Revised 1375
Code, section 2929.142 of the Revised Code, section 2971.03 of the 1376
Revised Code, or any other provision of law, section 5120.163 of 1377
the Revised Code applies regarding the person while the person is 1378
confined in a state correctional institution.1379

       (G) If an offender who is convicted of or pleads guilty to a 1380
felony that is an offense of violence also is convicted of or 1381
pleads guilty to a specification of the type described in section 1382
2941.142 of the Revised Code that charges the offender with having 1383
committed the felony while participating in a criminal gang, the 1384
court shall impose upon the offender an additional prison term of 1385
one, two, or three years.1386

       (H)(1) If an offender who is convicted of or pleads guilty to 1387
aggravated murder, murder, or a felony of the first, second, or 1388
third degree that is an offense of violence also is convicted of 1389
or pleads guilty to a specification of the type described in 1390
section 2941.143 of the Revised Code that charges the offender 1391
with having committed the offense in a school safety zone or 1392
towards a person in a school safety zone, the court shall impose 1393
upon the offender an additional prison term of two years. The 1394
offender shall serve the additional two years consecutively to and 1395
prior to the prison term imposed for the underlying offense.1396

       (2)(a) If an offender is convicted of or pleads guilty to a 1397
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 1398
of the Revised Code and to a specification of the type described 1399
in section 2941.1421 of the Revised Code and if the court imposes 1400
a prison term on the offender for the felony violation, the court 1401
may impose upon the offender an additional prison term as follows:1402

       (i) Subject to division (H)(2)(a)(ii) of this section, an 1403
additional prison term of one, two, three, four, five, or six 1404
months;1405

       (ii) If the offender previously has been convicted of or 1406
pleaded guilty to one or more felony or misdemeanor violations of 1407
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 1408
Revised Code and also was convicted of or pleaded guilty to a 1409
specification of the type described in section 2941.1421 of the 1410
Revised Code regarding one or more of those violations, an 1411
additional prison term of one, two, three, four, five, six, seven, 1412
eight, nine, ten, eleven, or twelve months.1413

       (b) In lieu of imposing an additional prison term under 1414
division (H)(2)(a) of this section, the court may directly impose 1415
on the offender a sanction that requires the offender to wear a 1416
real-time processing, continual tracking electronic monitoring 1417
device during the period of time specified by the court. The 1418
period of time specified by the court shall equal the duration of 1419
an additional prison term that the court could have imposed upon 1420
the offender under division (H)(2)(a) of this section. A sanction 1421
imposed under this division shall commence on the date specified 1422
by the court, provided that the sanction shall not commence until 1423
after the offender has served the prison term imposed for the 1424
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 1425
of the Revised Code and any residential sanction imposed for the 1426
violation under section 2929.16 of the Revised Code. A sanction 1427
imposed under this division shall be considered to be a community 1428
control sanction for purposes of section 2929.15 of the Revised 1429
Code, and all provisions of the Revised Code that pertain to 1430
community control sanctions shall apply to a sanction imposed 1431
under this division, except to the extent that they would by their 1432
nature be clearly inapplicable. The offender shall pay all costs 1433
associated with a sanction imposed under this division, including 1434
the cost of the use of the monitoring device.1435

       (I) At the time of sentencing, the court may recommend the 1436
offender for placement in a program of shock incarceration under 1437
section 5120.031 of the Revised Code or for placement in an 1438
intensive program prison under section 5120.032 of the Revised 1439
Code, disapprove placement of the offender in a program of shock 1440
incarceration or an intensive program prison of that nature, or 1441
make no recommendation on placement of the offender. In no case 1442
shall the department of rehabilitation and correction place the 1443
offender in a program or prison of that nature unless the 1444
department determines as specified in section 5120.031 or 5120.032 1445
of the Revised Code, whichever is applicable, that the offender is 1446
eligible for the placement.1447

       If the court disapproves placement of the offender in a 1448
program or prison of that nature, the department of rehabilitation 1449
and correction shall not place the offender in any program of 1450
shock incarceration or intensive program prison.1451

       If the court recommends placement of the offender in a 1452
program of shock incarceration or in an intensive program prison, 1453
and if the offender is subsequently placed in the recommended 1454
program or prison, the department shall notify the court of the 1455
placement and shall include with the notice a brief description of 1456
the placement.1457

       If the court recommends placement of the offender in a 1458
program of shock incarceration or in an intensive program prison 1459
and the department does not subsequently place the offender in the 1460
recommended program or prison, the department shall send a notice 1461
to the court indicating why the offender was not placed in the 1462
recommended program or prison.1463

       If the court does not make a recommendation under this 1464
division with respect to an offender and if the department 1465
determines as specified in section 5120.031 or 5120.032 of the 1466
Revised Code, whichever is applicable, that the offender is 1467
eligible for placement in a program or prison of that nature, the 1468
department shall screen the offender and determine if there is an 1469
available program of shock incarceration or an intensive program 1470
prison for which the offender is suited. If there is an available 1471
program of shock incarceration or an intensive program prison for 1472
which the offender is suited, the department shall notify the 1473
court of the proposed placement of the offender as specified in 1474
section 5120.031 or 5120.032 of the Revised Code and shall include 1475
with the notice a brief description of the placement. The court 1476
shall have ten days from receipt of the notice to disapprove the 1477
placement.1478

       (J) If a person is convicted of or pleads guilty to 1479
aggravated vehicular homicide in violation of division (A)(1) of 1480
section 2903.06 of the Revised Code and division (B)(2)(c) of that 1481
section applies, the person shall be sentenced pursuant to section 1482
2929.142 of the Revised Code.1483

       (K)(1) The court shall impose an additional mandatory prison 1484
term of eleven years on an offender who is convicted of or pleads 1485
guilty to a violent felony offense if the offender also is 1486
convicted of or pleads guilty to a specification of the type 1487
described in section 2941.1424 of the Revised Code that charges 1488
that the offender is a violent career criminal and had a firearm 1489
on or about the offender's person or under the offender's control 1490
while committing the presently charged violent felony offense. The 1491
offender shall serve the prison term imposed under this division 1492
consecutively to and prior to the prison term imposed for the 1493
underlying offense. The prison term shall not be reduced pursuant 1494
to section 2929.20 or 2967.19 or any other provision of Chapter 1495
2967. or 5120. of the Revised Code. A court may not impose more 1496
than one sentence under division (B)(2)(a) of this section and 1497
this division for acts committed as part of the same act or 1498
transaction.1499

       (2) As used in division (K)(1) of this section, "violent 1500
career criminal" and "violent felony offense" have the same 1501
meanings as in section 2923.132 of the Revised Code.1502

       Sec. 2941.141.  (A) Imposition of a one-year mandatory prison 1503
term upon an offender under division (B)(1)(a)(iii) of section 1504
2929.14 of the Revised Code is precluded unless the indictment, 1505
count in the indictment, or information charging the offense 1506
specifies that the offender had a firearm on or about the 1507
offender's person or under the offender's control while committing 1508
the offense. The specification shall be stated at the end of the 1509
body of the indictment, count, or information, and shall be in 1510
substantially the following form:1511

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1512
Grand Jurors (or insert the person's or the prosecuting attorney's 1513
name when appropriate) further find and specify that (set forth 1514
that the offender had a firearm on or about the offender's person 1515
or under the offender's control while committing the offense.)"1516

       (B) Imposition of a one-year mandatory prison term upon an 1517
offender under division (B)(1)(a)(iii) of section 2929.14 of the 1518
Revised Code is precluded if a court imposes a two-year,1519
three-year or, six-year, or twelve-year mandatory prison term on 1520
the offender under that division (B)(1)(a)(i), (ii), (iv), (v), or 1521
(vi) of that section relative to the same felony.1522

       (C) The specification described in division (A) of this 1523
section may be used in a delinquent child proceeding in the manner 1524
and for the purpose described in section 2152.17 of the Revised 1525
Code.1526

       (D) Imposition of a two-year mandatory prison term upon an 1527
offender under division (B)(1)(a)(vi) of section 2929.14 of the 1528
Revised Code is precluded unless the indictment, count in the 1529
indictment, or information charging the offense specifies that the 1530
offender had a firearm on or about the offender's person or under 1531
the offender's control while committing the offense and that the 1532
offender previously has been convicted of or pleaded guilty to a 1533
firearm specification of the type described in section 2941.141, 1534
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. 1535
The specification shall be stated at the end of the body of the 1536
indictment, count, or information, and shall be in substantially 1537
the following form:1538

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1539
Grand Jurors (or insert the person's or the prosecuting attorney's 1540
name when appropriate) further find and specify that (set forth 1541
that the offender had a firearm on or about the offender's person 1542
or under the offender's control while committing the offense and 1543
that the offender previously has been convicted of or pleaded 1544
guilty to a firearm specification of the type described in section 1545
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the 1546
Revised Code.)"1547

       (E) Imposition of a two-year mandatory prison term upon an 1548
offender under division (B)(1)(a)(vi) of section 2929.14 of the 1549
Revised Code is precluded if the court imposes a one-year, 1550
three-year, six-year, or twelve-year mandatory prison term on the 1551
offender under division (B)(1)(a)(i), (ii), (iii), (iv), or (v) of 1552
that section relative to the same felony.1553

       (F) The specification described in division (D) of this 1554
section may be used in a delinquent child proceeding in the manner 1555
and for the purpose described in section 2152.17 of the Revised 1556
Code.1557

       (G) As used in this section, "firearm" has the same meaning 1558
as in section 2923.11 of the Revised Code.1559

       Sec. 2941.144.  (A) Imposition of a six-year mandatory prison 1560
term upon an offender under division (B)(1)(a)(i) of section 1561
2929.14 of the Revised Code is precluded unless the indictment, 1562
count in the indictment, or information charging the offense 1563
specifies that the offender had a firearm that is an automatic 1564
firearm or that was equipped with a firearm muffler or silencer on 1565
or about the offender's person or under the offender's control 1566
while committing the offense. The specification shall be stated at 1567
the end of the body of the indictment, count, or information and 1568
shall be stated in substantially the following form:1569

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1570
Grand Jurors (or insert the person's or the prosecuting attorney's 1571
name when appropriate) further find and specify that (set forth 1572
that the offender had a firearm that is an automatic firearm or 1573
that was equipped with a firearm muffler or silencer on or about 1574
the offender's person or under the offender's control while 1575
committing the offense)."1576

       (B) Imposition of a six-year mandatory prison term upon an 1577
offender under division (B)(1)(a)(i) of section 2929.14 of the 1578
Revised Code is precluded if a court imposes a three-year or1579
one-year, two-year, three-year, six-year, or twelve-year mandatory 1580
prison term on the offender under that division (B)(1)(a)(ii), 1581
(iii), (iv), (v), or (vi) of that section relative to the same 1582
felony.1583

       (C) The specification described in division (A) of this 1584
section may be used in a delinquent child proceeding in the manner 1585
and for the purpose described in section 2152.17 of the Revised 1586
Code.1587

       (D) Imposition of a twelve-year mandatory prison term upon an 1588
offender under division (B)(1)(a)(iv) of section 2929.14 of the 1589
Revised Code is precluded unless the indictment, count in the 1590
indictment, or information charging the offense specifies that the 1591
offender had a firearm that is an automatic firearm or that was 1592
equipped with a firearm muffler or silencer on or about the 1593
offender's person or under the offender's control while committing 1594
the offense and that the offender previously has been convicted of 1595
or pleaded guilty to a firearm specification of the type described 1596
in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of 1597
the Revised Code. The specification shall be stated at the end of 1598
the body of the indictment, count, or information, and shall be in 1599
substantially the following form:1600

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1601
Grand Jurors (or insert the person's or the prosecuting attorney's 1602
name when appropriate) further find and specify that (set forth 1603
that the offender had a firearm that is an automatic firearm or 1604
that was equipped with a firearm muffler or silencer on or about 1605
the offender's person or under the offender's control while 1606
committing the offense and that the offender previously has been 1607
convicted of or pleaded guilty to a firearm specification of the 1608
type described in section 2941.141, 2941.144, 2941.145, 2941.146, 1609
or 2941.1412 of the Revised Code.)"1610

       (E) Imposition of a twelve-year mandatory prison term upon an 1611
offender under division (B)(1)(a)(iv) of section 2929.14 of the 1612
Revised Code is precluded if the court imposes a one-year, 1613
two-year, three-year, or six-year mandatory prison term on the 1614
offender under division (B)(1)(a)(i), (ii), (iii), (v), or (vi) of 1615
that section relative to the same felony.1616

       (F) The specification described in division (D) of this 1617
section may be used in a delinquent child proceeding in the manner 1618
and for the purpose described in section 2152.17 of the Revised 1619
Code.1620

       (G) As used in this section, "firearm" and "automatic 1621
firearm" have the same meanings as in section 2923.11 of the 1622
Revised Code.1623

       Sec. 2941.145.  (A) Imposition of a three-year mandatory 1624
prison term upon an offender under division (B)(1)(a)(ii) of 1625
section 2929.14 of the Revised Code is precluded unless the 1626
indictment, count in the indictment, or information charging the 1627
offense specifies that the offender had a firearm on or about the 1628
offender's person or under the offender's control while committing 1629
the offense and displayed the firearm, brandished the firearm, 1630
indicated that the offender possessed the firearm, or used it to 1631
facilitate the offense. The specification shall be stated at the 1632
end of the body of the indictment, count, or information, and 1633
shall be stated in substantially the following form:1634

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1635
Grand Jurors (or insert the person's or the prosecuting attorney's 1636
name when appropriate) further find and specify that (set forth 1637
that the offender had a firearm on or about the offender's person 1638
or under the offender's control while committing the offense and 1639
displayed the firearm, brandished the firearm, indicated that the 1640
offender possessed the firearm, or used it to facilitate the 1641
offense)."1642

       (B) Imposition of a three-year mandatory prison term upon an 1643
offender under division (B)(1)(a)(ii) of section 2929.14 of the 1644
Revised Code is precluded if a court imposes a one-year or, 1645
two-year, six-year, or twelve-year mandatory prison term on the 1646
offender under that division (B)(1)(a)(i), (iii), (iv), (v), or 1647
(vi) of that section relative to the same felony.1648

       (C) The specification described in division (A) of this 1649
section may be used in a delinquent child proceeding in the manner 1650
and for the purpose described in section 2152.17 of the Revised 1651
Code.1652

       (D) Imposition of a six-year mandatory prison term upon an 1653
offender under division (B)(1)(a)(v) of section 2929.14 of the 1654
Revised Code is precluded unless the indictment, count in the 1655
indictment, or information charging the offense specifies that the 1656
offender had a firearm on or about the offender's person or under 1657
the offender's control while committing the offense and displayed 1658
the firearm, brandished the firearm, indicated that the offender 1659
possessed a firearm, or used the firearm to facilitate the offense 1660
and that the offender previously has been convicted of or pleaded 1661
guilty to a firearm specification of the type described in section 1662
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the 1663
Revised Code. The specification shall be stated at the end of the 1664
body of the indictment, count, or information, and shall be in 1665
substantially the following form:1666

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1667
Grand Jurors (or insert the person's or the prosecuting attorney's 1668
name when appropriate) further find and specify that (set forth 1669
that the offender had a firearm on or about the offender's person 1670
or under the offender's control while committing the offense and 1671
displayed the firearm, brandished the firearm, indicated that the 1672
offender possessed a firearm, or used the firearm to facilitate 1673
the offense and that the offender previously has been convicted of 1674
or pleaded guilty to a firearm specification of the type described 1675
in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of 1676
the Revised Code.)"1677

       (E) Imposition of a six-year mandatory prison term upon an 1678
offender under division (B)(1)(a)(v) of section 2929.14 of the 1679
Revised Code is precluded if the court imposes a one-year, 1680
two-year, three-year, or twelve-year mandatory prison term on the 1681
offender under division (B)(1)(a)(i), (ii), (iii), (iv), or (vi) 1682
of that section relative to the same felony.1683

       (F) The specification described in division (D) of this 1684
section may be used in a delinquent child proceeding in the manner 1685
and for the purpose described in section 2152.17 of the Revised 1686
Code.1687

       (G) As used in this section, "firearm" has the same meaning 1688
as in section 2923.11 of the Revised Code.1689

       Sec. 2941.146.  (A) Imposition of a mandatory five-year 1690
prison term upon an offender under division (B)(1)(c) of section 1691
2929.14 of the Revised Code for committing a violation of section 1692
2923.161 of the Revised Code or for committing a felony that 1693
includes, as an essential element, purposely or knowingly causing 1694
or attempting to cause the death of or physical harm to another 1695
and that was committed by discharging a firearm from a motor 1696
vehicle other than a manufactured home is precluded unless the 1697
indictment, count in the indictment, or information charging the 1698
offender specifies that the offender committed the offense by 1699
discharging a firearm from a motor vehicle other than a 1700
manufactured home. The specification shall be stated at the end of 1701
the body of the indictment, count, or information, and shall be 1702
stated in substantially the following form:1703

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1704
Grand Jurors (or insert the person's or prosecuting attorney's 1705
name when appropriate) further find and specify that (set forth 1706
that the offender committed the violation of section 2923.161 of 1707
the Revised Code or the felony that includes, as an essential 1708
element, purposely or knowingly causing or attempting to cause the 1709
death of or physical harm to another and that was committed by 1710
discharging a firearm from a motor vehicle other than a 1711
manufactured home)."1712

       (B) The specification described in division (A) of this 1713
section may be used in a delinquent child proceeding in the manner 1714
and for the purpose described in section 2152.17 of the Revised 1715
Code.1716

       (C) Imposition of a ten-year mandatory prison term under 1717
(B)(1)(c) of section 2929.14 of the Revised Code for committing a 1718
violation of section 2923.161 of the Revised Code or for 1719
committing a felony that includes, as an essential element, 1720
purposely or knowingly causing or attempting to cause the death of 1721
or physical harm to another and that was committed by discharging 1722
a firearm from a motor vehicle other than a manufactured home is 1723
precluded unless the indictment, count in the indictment, or 1724
information charging the offender specifies that the offender 1725
committed the offense by discharging a firearm from a motor 1726
vehicle other than a manufactured home and that the offender 1727
previously has been convicted of or pleaded guilty to a firearm 1728
specification of the type described in section 2941.141, 2941.144, 1729
2941.145, 2941.146, or 2941.1412 of the Revised Code. The 1730
specification shall be stated at the end of the body of the 1731
indictment, count, or information, and shall be stated in 1732
substantially the following form:1733

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 1734
Grand Jurors (or insert the person's or prosecuting attorney's 1735
name where appropriate) further find and specify that (set forth 1736
that the offender committed the violation of section 2923.161 of 1737
the Revised Code or the felony that includes, as an essential 1738
element, purposely or knowingly causing or attempting to cause the 1739
death of or physical harm to another and that was committed by 1740
discharging a firearm from a motor vehicle other than a 1741
manufactured home and that the offender previously has been 1742
convicted of or pleaded guilty to a firearm specification of the 1743
type described in section 2941.141, 2941.144, 2941.145, 2941.146, 1744
or 2941.1412 of the Revised Code)."1745

       (D) The specification described in division (C) of this 1746
section may be used in a delinquent child proceeding in the manner 1747
and for the purpose described in section 2152.17 of the Revised 1748
Code.1749

       (E) As used in this section:1750

       (1) "Firearm" has the same meaning as in section 2923.11 of 1751
the Revised Code;1752

       (2) "Motor vehicle" and "manufactured home" have the same 1753
meanings as in section 4501.01 of the Revised Code.1754

       Sec. 2941.1412. (A) Imposition of a seven-year mandatory 1755
prison term upon an offender under division (B)(1)(f) of section 1756
2929.14 of the Revised Code is precluded unless the indictment, 1757
count in the indictment, or information charging the offense 1758
specifies that the offender discharged a firearm at a peace 1759
officer or a corrections officer while committing the offense. The 1760
specification shall be stated at the end of the body of the 1761
indictment, count, or information and shall be in substantially 1762
the following form:1763

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).1764

       The Grand Jurors (or insert the person's or the prosecuting 1765
attorney's name when appropriate) further find and specify that 1766
(set forth that the offender discharged a firearm at a peace 1767
officer or a corrections officer while committing the offense)."1768

       (B) Imposition of a fourteen-year mandatory prison term upon 1769
an offender under division (B)(1)(f) of section 2929.14 of the 1770
Revised Code is precluded unless the indictment, count in the 1771
indictment, or information charging the offense specifies that the 1772
offender discharged a firearm at a peace officer or a corrections 1773
officer while committing the offense and that the offender 1774
previously has been convicted of or pleaded guilty to a firearm 1775
specification of the type described in section 2941.141, 2941.144, 1776
2941.145, 2941.146, or 2941.1412 of the Revised Code. The 1777
specification shall be stated at the end of the body of the 1778
indictment, count, or information and shall be substantially in 1779
the following form:1780

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).1781

       The Grand Jurors (or insert the person's or the prosecuting 1782
attorney's name when appropriate) further find and specify that 1783
(set forth that the offender discharged a firearm at a peace 1784
officer or corrections officer while committing the offense and 1785
that the offender previously has been convicted of or pleaded 1786
guilty to a firearm specification of the type described in section 1787
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the 1788
Revised Code)."1789

       (C) As used in this section:1790

       (1) "Firearm" has the same meaning as in section 2923.11 of 1791
the Revised Code.1792

       (2) "Peace officer" has the same meaning as in section 1793
2935.01 of the Revised Code.1794

       (3) "Corrections officer" means a person employed by a 1795
detention facility as a corrections officer.1796

        (4) "Detention facility" has the same meaning as in section 1797
2921.01 of the Revised Code.1798

       Sec. 2941.1424.  (A) The imposition of an eleven-year 1799
mandatory prison term upon an offender under division (K) of 1800
section 2929.14 of the Revised Code is precluded unless the 1801
offender is convicted of or pleads guilty to committing a violent 1802
felony offense and unless the indictment, count in the indictment, 1803
or information charging the offense specifies that the offender is 1804
a violent career criminal and had a firearm on or about the 1805
offender's person or under the offender's control while committing 1806
the presently charged violent felony offense. The specification 1807
shall be stated at the end of the body of the indictment, court, 1808
or information and shall be stated in substantially the following 1809
form:1810

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).1811

        The Grand Jurors (or insert the person's or the prosecuting 1812
attorney's name when appropriate) further find and specify that 1813
(set forth that the offender is a violent career criminal and did 1814
have a firearm on or about the offender's person or under the 1815
offender's control while committing the presently charged violent 1816
felony offense.)"1817

       (B) A court may not impose more than one sentence under 1818
division (C) of section 2923.132 of the Revised Code and division 1819
(K) of section 2929.14 of the Revised Code for acts committed as 1820
part of the same act or transaction. 1821

       (C) As used in this section:1822

       (1) "Firearm" has the same meaning as in section 2923.11 of 1823
the Revised Code.1824

       (2) "Violent career criminal" and "violent felony offense" 1825
have the same meanings as in section 2923.132 of the Revised Code.1826

       Section 2. That existing sections 2152.17, 2929.13, 2929.14, 1827
2941.141, 2941.144, 2941.145, 2941.146, and 2941.1412 of the 1828
Revised Code are hereby repealed.1829

       Section 3.  Section 2929.13 of the Revised Code is presented 1830
in this act as a composite of the section as amended by Am. Sub. 1831
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th 1832
General Assembly. The General Assembly, applying the principle 1833
stated in division (B) of section 1.52 of the Revised Code that 1834
amendments are to be harmonized if reasonably capable of 1835
simultaneous operation, finds that the composite is the resulting 1836
version of the section in effect prior to the effective date of 1837
the section as presented in this act.1838