As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 508

Representative Butler 

Cosponsors: Representatives Smith, Becker, Terhar, Derickson, Hood, Stebelton, Johnson, Blessing, Wachtmann 

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A BILL

To amend sections 2903.02, 2929.02, 2929.14,

1

2941.148, 2967.13, 2971.03, 2971.07, and 5120.61

2

of the Revised Code to expand the offense of

3

murder to also prohibit causing the death of

4

another as a proximate result of selling the

5

person a controlled substance when the death is

6

caused by an overdose and to provide special life

7

sentences for a violation of the prohibition.

8

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

Section 1. That sections 2903.02, 2929.02, 2929.14, 2941.148,	9
2967.13, 2971.03, 2971.07, and 5120.61 of the Revised Code be	10
amended to read as follows:	11

Sec. 2903.02.  (A) No person shall purposely cause the death	12
of another or the unlawful termination of another's pregnancy.	13

(B) No person shall cause the death of another as a proximate	14
result of the offender's committing or attempting to commit an	15
offense of violence that is a felony of the first or second degree	16
and that is not a violation of section 2903.03 or 2903.04 of the	17
Revised Code.	18

(C) No person shall cause the death of another who is	19
eighteen years of age or older as a proximate result of the	20
offender's selling the other person a controlled substance in	21
violation of section 2925.03 of the Revised Code.	22

(D) No person shall cause the death of another who is under	23
eighteen years of age as a proximate result of the offender's	24
selling the other person a controlled substance in violation of	25
section 2925.03 of the Revised Code.	26

(E)(1) Division (B) of this section does not apply to an	27
offense that becomes a felony of the first or second degree only	28
if the offender previously has been convicted of that offense or	29
another specified offense.	30

(D)(2) For purposes of divisions (C) and (D) of this section,	31
a person who sells another person a controlled substance in	32
violation of section 2925.03 of the Revised Code "causes the death	33
of the other person as a proximate result of selling the other	34
person the controlled substance" if the other person died as a	35
result of either of the following:	36

(a) An overdose of that controlled substance;

37

(b) An overdose of that controlled substance combined with	38
one or more other controlled substances, with alcohol, or with one	39
or more other controlled substances and alcohol.	40

(F) Whoever violates this section is guilty of murder, and	41
shall be punished as provided in section 2929.02 of the Revised	42
Code.	43

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	44
to aggravated murder in violation of section 2903.01 of the	45
Revised Code shall suffer death or be imprisoned for life, as	46
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	47
the Revised Code, except that no person who raises the matter of	48
age pursuant to section 2929.023 of the Revised Code and who is	49
not found to have been eighteen years of age or older at the time	50
of the commission of the offense shall suffer death. In addition,	51
the offender may be fined an amount fixed by the court, but not	52
more than twenty-five thousand dollars.	53

(B)(1) Except as otherwise provided in division (B)(2) or,	54
(3), (4), or (5) of this section, whoever is convicted of or	55
pleads guilty to murder in violation of section 2903.02 of the	56
Revised Code shall be imprisoned for an indefinite term of fifteen	57
years to life.	58

(2) Except as otherwise provided in division (B)(3) or (5) of	59
this section, if a person is convicted of or pleads guilty to	60
murder in violation of division (C) of section 2903.02 of the	61
Revised Code, the court shall impose upon the offender a sentence	62
of life imprisonment with parole eligibility after serving twenty	63
years of imprisonment or life imprisonment with parole eligibility	64
after serving twenty-five full years of imprisonment.	65

(3) Except as otherwise provided in division (B)(3)(4) or (5)	66
of this section, if a person is convicted of or pleads guilty to	67
murder in violation of section 2903.02 of the Revised Code, the	68
victim of the offense was less than thirteen years of age, and the	69
offender also is convicted of or pleads guilty to a sexual	70
motivation specification that was included in the indictment,	71
count in the indictment, or information charging the offense, the	72
court shall impose an indefinite prison term of thirty years to	73
life pursuant to division (B)(3) of section 2971.03 of the Revised	74
Code.	75

(3)(4) Except as otherwise provided in division (B)(5) of	76
this section, if a person is convicted of or pleads guilty to	77
murder in violation of division (D) of section 2903.02 of the	78
Revised Code, the court shall impose upon the offender a sentence	79
of life imprisonment with parole eligibility after serving thirty	80
years of imprisonment or life imprisonment without parole.	81

(5) If a person is convicted of or pleads guilty to murder in	82
violation of section 2903.02 of the Revised Code and also is	83
convicted of or pleads guilty to a sexual motivation specification	84
and a sexually violent predator specification that were included	85
in the indictment, count in the indictment, or information that	86
charged the murder, the court shall impose upon the offender a	87
term of life imprisonment without parole that shall be served	88
pursuant to section 2971.03 of the Revised Code.	89

(4)(6) In addition to the term of imprisonment imposed under	90
division (B)(1), (2), (3), (4), or (5) of this section, the	91
offender may be fined an amount fixed by the court, but not more	92
than fifteen thousand dollars.	93

(C) The court shall not impose a fine or fines for aggravated	94
murder or murder which, in the aggregate and to the extent not	95
suspended by the court, exceeds the amount which the offender is	96
or will be able to pay by the method and within the time allowed	97
without undue hardship to the offender or to the dependents of the	98
offender, or will prevent the offender from making reparation for	99
the victim's wrongful death.	100

(D)(1) In addition to any other sanctions imposed for a	101
violation of section 2903.01 or 2903.02 of the Revised Code, if	102
the offender used a motor vehicle as the means to commit the	103
violation, the court shall impose upon the offender a class two	104
suspension of the offender's driver's license, commercial driver's	105
license, temporary instruction permit, probationary license, or	106
nonresident operating privilege as specified in division (A)(2) of	107
section 4510.02 of the Revised Code.	108

(2) As used in division (D) of this section, "motor vehicle"	109
has the same meaning as in section 4501.01 of the Revised Code.	110

Sec. 2929.14.  (A) Except as provided in division (B)(1),	111
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	112
(H), or (J) of this section or in division (D)(6) of section	113
2919.25 of the Revised Code and except in relation to an offense	114
for which a sentence of death or life imprisonment is to be	115
imposed, if the court imposing a sentence upon an offender for a	116
felony elects or is required to impose a prison term on the	117
offender pursuant to this chapter, the court shall impose a	118
definite prison term that shall be one of the following:	119

(1) For a felony of the first degree, the prison term shall	120
be three, four, five, six, seven, eight, nine, ten, or eleven	121
years.	122

(2) For a felony of the second degree, the prison term shall	123
be two, three, four, five, six, seven, or eight years.	124

(3)(a) For a felony of the third degree that is a violation	125
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	126
Revised Code or that is a violation of section 2911.02 or 2911.12	127
of the Revised Code if the offender previously has been convicted	128
of or pleaded guilty in two or more separate proceedings to two or	129
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	130
of the Revised Code, the prison term shall be twelve, eighteen,	131
twenty-four, thirty, thirty-six, forty-two, forty-eight,	132
fifty-four, or sixty months.	133

(b) For a felony of the third degree that is not an offense	134
for which division (A)(3)(a) of this section applies, the prison	135
term shall be nine, twelve, eighteen, twenty-four, thirty, or	136
thirty-six months.	137

(4) For a felony of the fourth degree, the prison term shall	138
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	139
fourteen, fifteen, sixteen, seventeen, or eighteen months.	140

(5) For a felony of the fifth degree, the prison term shall	141
be six, seven, eight, nine, ten, eleven, or twelve months.	142

(B)(1)(a) Except as provided in division (B)(1)(e) of this	143
section, if an offender who is convicted of or pleads guilty to a	144
felony also is convicted of or pleads guilty to a specification of	145
the type described in section 2941.141, 2941.144, or 2941.145 of	146
the Revised Code, the court shall impose on the offender one of	147
the following prison terms:	148

(i) A prison term of six years if the specification is of the	149
type described in section 2941.144 of the Revised Code that	150
charges the offender with having a firearm that is an automatic	151
firearm or that was equipped with a firearm muffler or silencer on	152
or about the offender's person or under the offender's control	153
while committing the felony;	154

(ii) A prison term of three years if the specification is of	155
the type described in section 2941.145 of the Revised Code that	156
charges the offender with having a firearm on or about the	157
offender's person or under the offender's control while committing	158
the offense and displaying the firearm, brandishing the firearm,	159
indicating that the offender possessed the firearm, or using it to	160
facilitate the offense;	161

(iii) A prison term of one year if the specification is of	162
the type described in section 2941.141 of the Revised Code that	163
charges the offender with having a firearm on or about the	164
offender's person or under the offender's control while committing	165
the felony.	166

(b) If a court imposes a prison term on an offender under	167
division (B)(1)(a) of this section, the prison term shall not be	168
reduced pursuant to section 2967.19, section 2929.20, section	169
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	170
of the Revised Code. Except as provided in division (B)(1)(g) of	171
this section, a court shall not impose more than one prison term	172
on an offender under division (B)(1)(a) of this section for	173
felonies committed as part of the same act or transaction.	174

(c) Except as provided in division (B)(1)(e) of this section,	175
if an offender who is convicted of or pleads guilty to a violation	176
of section 2923.161 of the Revised Code or to a felony that	177
includes, as an essential element, purposely or knowingly causing	178
or attempting to cause the death of or physical harm to another,	179
also is convicted of or pleads guilty to a specification of the	180
type described in section 2941.146 of the Revised Code that	181
charges the offender with committing the offense by discharging a	182
firearm from a motor vehicle other than a manufactured home, the	183
court, after imposing a prison term on the offender for the	184
violation of section 2923.161 of the Revised Code or for the other	185
felony offense under division (A), (B)(2), or (B)(3) of this	186
section, shall impose an additional prison term of five years upon	187
the offender that shall not be reduced pursuant to section	188
2929.20, section 2967.19, section 2967.193, or any other provision	189
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	190
shall not impose more than one additional prison term on an	191
offender under division (B)(1)(c) of this section for felonies	192
committed as part of the same act or transaction. If a court	193
imposes an additional prison term on an offender under division	194
(B)(1)(c) of this section relative to an offense, the court also	195
shall impose a prison term under division (B)(1)(a) of this	196
section relative to the same offense, provided the criteria	197
specified in that division for imposing an additional prison term	198
are satisfied relative to the offender and the offense.	199

(d) If an offender who is convicted of or pleads guilty to an	200
offense of violence that is a felony also is convicted of or	201
pleads guilty to a specification of the type described in section	202
2941.1411 of the Revised Code that charges the offender with	203
wearing or carrying body armor while committing the felony offense	204
of violence, the court shall impose on the offender a prison term	205
of two years. The prison term so imposed, subject to divisions (C)	206
to (I) of section 2967.19 of the Revised Code, shall not be	207
reduced pursuant to section 2929.20, section 2967.19, section	208
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	209
of the Revised Code. A court shall not impose more than one prison	210
term on an offender under division (B)(1)(d) of this section for	211
felonies committed as part of the same act or transaction. If a	212
court imposes an additional prison term under division (B)(1)(a)	213
or (c) of this section, the court is not precluded from imposing	214
an additional prison term under division (B)(1)(d) of this	215
section.	216

(e) The court shall not impose any of the prison terms	217
described in division (B)(1)(a) of this section or any of the	218
additional prison terms described in division (B)(1)(c) of this	219
section upon an offender for a violation of section 2923.12 or	220
2923.123 of the Revised Code. The court shall not impose any of	221
the prison terms described in division (B)(1)(a) or (b) of this	222
section upon an offender for a violation of section 2923.122 that	223
involves a deadly weapon that is a firearm other than a dangerous	224
ordnance, section 2923.16, or section 2923.121 of the Revised	225
Code. The court shall not impose any of the prison terms described	226
in division (B)(1)(a) of this section or any of the additional	227
prison terms described in division (B)(1)(c) of this section upon	228
an offender for a violation of section 2923.13 of the Revised Code	229
unless all of the following apply:	230

(i) The offender previously has been convicted of aggravated	231
murder, murder, or any felony of the first or second degree.	232

(ii) Less than five years have passed since the offender was	233
released from prison or post-release control, whichever is later,	234
for the prior offense.	235

(f) If an offender is convicted of or pleads guilty to a	236
felony that includes, as an essential element, causing or	237
attempting to cause the death of or physical harm to another and	238
also is convicted of or pleads guilty to a specification of the	239
type described in section 2941.1412 of the Revised Code that	240
charges the offender with committing the offense by discharging a	241
firearm at a peace officer as defined in section 2935.01 of the	242
Revised Code or a corrections officer, as defined in section	243
2941.1412 of the Revised Code, the court, after imposing a prison	244
term on the offender for the felony offense under division (A),	245
(B)(2), or (B)(3) of this section, shall impose an additional	246
prison term of seven years upon the offender that shall not be	247
reduced pursuant to section 2929.20, section 2967.19, section	248
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	249
of the Revised Code. If an offender is convicted of or pleads	250
guilty to two or more felonies that include, as an essential	251
element, causing or attempting to cause the death or physical harm	252
to another and also is convicted of or pleads guilty to a	253
specification of the type described under division (B)(1)(f) of	254
this section in connection with two or more of the felonies of	255
which the offender is convicted or to which the offender pleads	256
guilty, the sentencing court shall impose on the offender the	257
prison term specified under division (B)(1)(f) of this section for	258
each of two of the specifications of which the offender is	259
convicted or to which the offender pleads guilty and, in its	260
discretion, also may impose on the offender the prison term	261
specified under that division for any or all of the remaining	262
specifications. If a court imposes an additional prison term on an	263
offender under division (B)(1)(f) of this section relative to an	264
offense, the court shall not impose a prison term under division	265
(B)(1)(a) or (c) of this section relative to the same offense.	266

(g) If an offender is convicted of or pleads guilty to two or	267
more felonies, if one or more of those felonies are aggravated	268
murder, murder, attempted aggravated murder, attempted murder,	269
aggravated robbery, felonious assault, or rape, and if the	270
offender is convicted of or pleads guilty to a specification of	271
the type described under division (B)(1)(a) of this section in	272
connection with two or more of the felonies, the sentencing court	273
shall impose on the offender the prison term specified under	274
division (B)(1)(a) of this section for each of the two most	275
serious specifications of which the offender is convicted or to	276
which the offender pleads guilty and, in its discretion, also may	277
impose on the offender the prison term specified under that	278
division for any or all of the remaining specifications.	279

(2)(a) If division (B)(2)(b) of this section does not apply,	280
the court may impose on an offender, in addition to the longest	281
prison term authorized or required for the offense, an additional	282
definite prison term of one, two, three, four, five, six, seven,	283
eight, nine, or ten years if all of the following criteria are	284
met:	285

(i) The offender is convicted of or pleads guilty to a	286
specification of the type described in section 2941.149 of the	287
Revised Code that the offender is a repeat violent offender.	288

(ii) The offense of which the offender currently is convicted	289
or to which the offender currently pleads guilty is aggravated	290
murder and the court does not impose a sentence of death or life	291
imprisonment without parole, murder and the court does not impose	292
a sentence of life imprisonment without parole, terrorism and the	293
court does not impose a sentence of life imprisonment without	294
parole, any felony of the first degree that is an offense of	295
violence and the court does not impose a sentence of life	296
imprisonment without parole, or any felony of the second degree	297
that is an offense of violence and the trier of fact finds that	298
the offense involved an attempt to cause or a threat to cause	299
serious physical harm to a person or resulted in serious physical	300
harm to a person.	301

(iii) The court imposes the longest prison term for the	302
offense that is not life imprisonment without parole.	303

(iv) The court finds that the prison terms imposed pursuant	304
to division (B)(2)(a)(iii) of this section and, if applicable,	305
division (B)(1) or (3) of this section are inadequate to punish	306
the offender and protect the public from future crime, because the	307
applicable factors under section 2929.12 of the Revised Code	308
indicating a greater likelihood of recidivism outweigh the	309
applicable factors under that section indicating a lesser	310
likelihood of recidivism.	311

(v) The court finds that the prison terms imposed pursuant to	312
division (B)(2)(a)(iii) of this section and, if applicable,	313
division (B)(1) or (3) of this section are demeaning to the	314
seriousness of the offense, because one or more of the factors	315
under section 2929.12 of the Revised Code indicating that the	316
offender's conduct is more serious than conduct normally	317
constituting the offense are present, and they outweigh the	318
applicable factors under that section indicating that the	319
offender's conduct is less serious than conduct normally	320
constituting the offense.	321

(b) The court shall impose on an offender the longest prison	322
term authorized or required for the offense and shall impose on	323
the offender an additional definite prison term of one, two,	324
three, four, five, six, seven, eight, nine, or ten years if all of	325
the following criteria are met:	326

(i) The offender is convicted of or pleads guilty to a	327
specification of the type described in section 2941.149 of the	328
Revised Code that the offender is a repeat violent offender.	329

(ii) The offender within the preceding twenty years has been	330
convicted of or pleaded guilty to three or more offenses described	331
in division (CC)(1) of section 2929.01 of the Revised Code,	332
including all offenses described in that division of which the	333
offender is convicted or to which the offender pleads guilty in	334
the current prosecution and all offenses described in that	335
division of which the offender previously has been convicted or to	336
which the offender previously pleaded guilty, whether prosecuted	337
together or separately.	338

(iii) The offense or offenses of which the offender currently	339
is convicted or to which the offender currently pleads guilty is	340
aggravated murder and the court does not impose a sentence of	341
death or life imprisonment without parole, murder and the court	342
does not impose a sentence of life imprisonment without parole,	343
terrorism and the court does not impose a sentence of life	344
imprisonment without parole, any felony of the first degree that	345
is an offense of violence and the court does not impose a sentence	346
of life imprisonment without parole, or any felony of the second	347
degree that is an offense of violence and the trier of fact finds	348
that the offense involved an attempt to cause or a threat to cause	349
serious physical harm to a person or resulted in serious physical	350
harm to a person.	351

(c) For purposes of division (B)(2)(b) of this section, two	352
or more offenses committed at the same time or as part of the same	353
act or event shall be considered one offense, and that one offense	354
shall be the offense with the greatest penalty.	355

(d) A sentence imposed under division (B)(2)(a) or (b) of	356
this section shall not be reduced pursuant to section 2929.20,	357
section 2967.19, or section 2967.193, or any other provision of	358
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	359
shall serve an additional prison term imposed under this section	360
consecutively to and prior to the prison term imposed for the	361
underlying offense.	362

(e) When imposing a sentence pursuant to division (B)(2)(a)	363
or (b) of this section, the court shall state its findings	364
explaining the imposed sentence.	365

(3) Except when an offender commits a violation of section	366
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	367
the violation is life imprisonment or commits a violation of	368
section 2903.02 of the Revised Code, if the offender commits a	369
violation of section 2925.03 or 2925.11 of the Revised Code and	370
that section classifies the offender as a major drug offender, if	371
the offender commits a felony violation of section 2925.02,	372
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	373
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	374
division (C) of section 4729.51, or division (J) of section	375
4729.54 of the Revised Code that includes the sale, offer to sell,	376
or possession of a schedule I or II controlled substance, with the	377
exception of marihuana, and the court imposing sentence upon the	378
offender finds that the offender is guilty of a specification of	379
the type described in section 2941.1410 of the Revised Code	380
charging that the offender is a major drug offender, if the court	381
imposing sentence upon an offender for a felony finds that the	382
offender is guilty of corrupt activity with the most serious	383
offense in the pattern of corrupt activity being a felony of the	384
first degree, or if the offender is guilty of an attempted	385
violation of section 2907.02 of the Revised Code and, had the	386
offender completed the violation of section 2907.02 of the Revised	387
Code that was attempted, the offender would have been subject to a	388
sentence of life imprisonment or life imprisonment without parole	389
for the violation of section 2907.02 of the Revised Code, the	390
court shall impose upon the offender for the felony violation a	391
mandatory prison term of the maximum prison term prescribed for a	392
felony of the first degree that, subject to divisions (C) to (I)	393
of section 2967.19 of the Revised Code, cannot be reduced pursuant	394
to section 2929.20, section 2967.19, or any other provision of	395
Chapter 2967. or 5120. of the Revised Code.	396

(4) If the offender is being sentenced for a third or fourth	397
degree felony OVI offense under division (G)(2) of section 2929.13	398
of the Revised Code, the sentencing court shall impose upon the	399
offender a mandatory prison term in accordance with that division.	400
In addition to the mandatory prison term, if the offender is being	401
sentenced for a fourth degree felony OVI offense, the court,	402
notwithstanding division (A)(4) of this section, may sentence the	403
offender to a definite prison term of not less than six months and	404
not more than thirty months, and if the offender is being	405
sentenced for a third degree felony OVI offense, the sentencing	406
court may sentence the offender to an additional prison term of	407
any duration specified in division (A)(3) of this section. In	408
either case, the additional prison term imposed shall be reduced	409
by the sixty or one hundred twenty days imposed upon the offender	410
as the mandatory prison term. The total of the additional prison	411
term imposed under division (B)(4) of this section plus the sixty	412
or one hundred twenty days imposed as the mandatory prison term	413
shall equal a definite term in the range of six months to thirty	414
months for a fourth degree felony OVI offense and shall equal one	415
of the authorized prison terms specified in division (A)(3) of	416
this section for a third degree felony OVI offense. If the court	417
imposes an additional prison term under division (B)(4) of this	418
section, the offender shall serve the additional prison term after	419
the offender has served the mandatory prison term required for the	420
offense. In addition to the mandatory prison term or mandatory and	421
additional prison term imposed as described in division (B)(4) of	422
this section, the court also may sentence the offender to a	423
community control sanction under section 2929.16 or 2929.17 of the	424
Revised Code, but the offender shall serve all of the prison terms	425
so imposed prior to serving the community control sanction.	426

If the offender is being sentenced for a fourth degree felony	427
OVI offense under division (G)(1) of section 2929.13 of the	428
Revised Code and the court imposes a mandatory term of local	429
incarceration, the court may impose a prison term as described in	430
division (A)(1) of that section.	431

(5) If an offender is convicted of or pleads guilty to a	432
violation of division (A)(1) or (2) of section 2903.06 of the	433
Revised Code and also is convicted of or pleads guilty to a	434
specification of the type described in section 2941.1414 of the	435
Revised Code that charges that the victim of the offense is a	436
peace officer, as defined in section 2935.01 of the Revised Code,	437
or an investigator of the bureau of criminal identification and	438
investigation, as defined in section 2903.11 of the Revised Code,	439
the court shall impose on the offender a prison term of five	440
years. If a court imposes a prison term on an offender under	441
division (B)(5) of this section, the prison term, subject to	442
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	443
not be reduced pursuant to section 2929.20, section 2967.19,	444
section 2967.193, or any other provision of Chapter 2967. or	445
Chapter 5120. of the Revised Code. A court shall not impose more	446
than one prison term on an offender under division (B)(5) of this	447
section for felonies committed as part of the same act.	448

(6) If an offender is convicted of or pleads guilty to a	449
violation of division (A)(1) or (2) of section 2903.06 of the	450
Revised Code and also is convicted of or pleads guilty to a	451
specification of the type described in section 2941.1415 of the	452
Revised Code that charges that the offender previously has been	453
convicted of or pleaded guilty to three or more violations of	454
division (A) or (B) of section 4511.19 of the Revised Code or an	455
equivalent offense, as defined in section 2941.1415 of the Revised	456
Code, or three or more violations of any combination of those	457
divisions and offenses, the court shall impose on the offender a	458
prison term of three years. If a court imposes a prison term on an	459
offender under division (B)(6) of this section, the prison term,	460
subject to divisions (C) to (I) of section 2967.19 of the Revised	461
Code, shall not be reduced pursuant to section 2929.20, section	462
2967.19, section 2967.193, or any other provision of Chapter 2967.	463
or Chapter 5120. of the Revised Code. A court shall not impose	464
more than one prison term on an offender under division (B)(6) of	465
this section for felonies committed as part of the same act.	466

(7)(a) If an offender is convicted of or pleads guilty to a	467
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	468
2923.32, division (A)(1) or (2) of section 2907.323, or division	469
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	470
Code and also is convicted of or pleads guilty to a specification	471
of the type described in section 2941.1422 of the Revised Code	472
that charges that the offender knowingly committed the offense in	473
furtherance of human trafficking, the court shall impose on the	474
offender a mandatory prison term that is one of the following:	475

(i) If the offense is a felony of the first degree, a	476
definite prison term of not less than five years and not greater	477
than ten years;	478

(ii) If the offense is a felony of the second or third	479
degree, a definite prison term of not less than three years and	480
not greater than the maximum prison term allowed for the offense	481
by division (A) of section 2929.14 of the Revised Code;	482

(iii) If the offense is a felony of the fourth or fifth	483
degree, a definite prison term that is the maximum prison term	484
allowed for the offense by division (A) of section 2929.14 of the	485
Revised Code.	486

(b) Subject to divisions (C) to (I) of section 2967.19 of the	487
Revised Code, the prison term imposed under division (B)(7)(a) of	488
this section shall not be reduced pursuant to section 2929.20,	489
section 2967.19, section 2967.193, or any other provision of	490
Chapter 2967. of the Revised Code. A court shall not impose more	491
than one prison term on an offender under division (B)(7)(a) of	492
this section for felonies committed as part of the same act,	493
scheme, or plan.	494

(8) If an offender is convicted of or pleads guilty to a	495
felony violation of section 2903.11, 2903.12, or 2903.13 of the	496
Revised Code and also is convicted of or pleads guilty to a	497
specification of the type described in section 2941.1423 of the	498
Revised Code that charges that the victim of the violation was a	499
woman whom the offender knew was pregnant at the time of the	500
violation, notwithstanding the range of prison terms prescribed in	501
division (A) of this section for felonies of the same degree as	502
the violation, the court shall impose on the offender a mandatory	503
prison term that is either a definite prison term of six months or	504
one of the prison terms prescribed in section 2929.14 of the	505
Revised Code for felonies of the same degree as the violation.	506

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	507
mandatory prison term is imposed upon an offender pursuant to	508
division (B)(1)(a) of this section for having a firearm on or	509
about the offender's person or under the offender's control while	510
committing a felony, if a mandatory prison term is imposed upon an	511
offender pursuant to division (B)(1)(c) of this section for	512
committing a felony specified in that division by discharging a	513
firearm from a motor vehicle, or if both types of mandatory prison	514
terms are imposed, the offender shall serve any mandatory prison	515
term imposed under either division consecutively to any other	516
mandatory prison term imposed under either division or under	517
division (B)(1)(d) of this section, consecutively to and prior to	518
any prison term imposed for the underlying felony pursuant to	519
division (A), (B)(2), or (B)(3) of this section or any other	520
section of the Revised Code, and consecutively to any other prison	521
term or mandatory prison term previously or subsequently imposed	522
upon the offender.	523

(b) If a mandatory prison term is imposed upon an offender	524
pursuant to division (B)(1)(d) of this section for wearing or	525
carrying body armor while committing an offense of violence that	526
is a felony, the offender shall serve the mandatory term so	527
imposed consecutively to any other mandatory prison term imposed	528
under that division or under division (B)(1)(a) or (c) of this	529
section, consecutively to and prior to any prison term imposed for	530
the underlying felony under division (A), (B)(2), or (B)(3) of	531
this section or any other section of the Revised Code, and	532
consecutively to any other prison term or mandatory prison term	533
previously or subsequently imposed upon the offender.	534

(c) If a mandatory prison term is imposed upon an offender	535
pursuant to division (B)(1)(f) of this section, the offender shall	536
serve the mandatory prison term so imposed consecutively to and	537
prior to any prison term imposed for the underlying felony under	538
division (A), (B)(2), or (B)(3) of this section or any other	539
section of the Revised Code, and consecutively to any other prison	540
term or mandatory prison term previously or subsequently imposed	541
upon the offender.	542

(d) If a mandatory prison term is imposed upon an offender	543
pursuant to division (B)(7) or (8) of this section, the offender	544
shall serve the mandatory prison term so imposed consecutively to	545
any other mandatory prison term imposed under that division or	546
under any other provision of law and consecutively to any other	547
prison term or mandatory prison term previously or subsequently	548
imposed upon the offender.	549

(2) If an offender who is an inmate in a jail, prison, or	550
other residential detention facility violates section 2917.02,	551
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	552
of section 2921.34 of the Revised Code, if an offender who is	553
under detention at a detention facility commits a felony violation	554
of section 2923.131 of the Revised Code, or if an offender who is	555
an inmate in a jail, prison, or other residential detention	556
facility or is under detention at a detention facility commits	557
another felony while the offender is an escapee in violation of	558
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	559
prison term imposed upon the offender for one of those violations	560
shall be served by the offender consecutively to the prison term	561
or term of imprisonment the offender was serving when the offender	562
committed that offense and to any other prison term previously or	563
subsequently imposed upon the offender.	564

(3) If a prison term is imposed for a violation of division	565
(B) of section 2911.01 of the Revised Code, a violation of	566
division (A) of section 2913.02 of the Revised Code in which the	567
stolen property is a firearm or dangerous ordnance, or a felony	568
violation of division (B) of section 2921.331 of the Revised Code,	569
the offender shall serve that prison term consecutively to any	570
other prison term or mandatory prison term previously or	571
subsequently imposed upon the offender.	572

(4) If multiple prison terms are imposed on an offender for	573
convictions of multiple offenses, the court may require the	574
offender to serve the prison terms consecutively if the court	575
finds that the consecutive service is necessary to protect the	576
public from future crime or to punish the offender and that	577
consecutive sentences are not disproportionate to the seriousness	578
of the offender's conduct and to the danger the offender poses to	579
the public, and if the court also finds any of the following:	580

(a) The offender committed one or more of the multiple	581
offenses while the offender was awaiting trial or sentencing, was	582
under a sanction imposed pursuant to section 2929.16, 2929.17, or	583
2929.18 of the Revised Code, or was under post-release control for	584
a prior offense.	585

(b) At least two of the multiple offenses were committed as	586
part of one or more courses of conduct, and the harm caused by two	587
or more of the multiple offenses so committed was so great or	588
unusual that no single prison term for any of the offenses	589
committed as part of any of the courses of conduct adequately	590
reflects the seriousness of the offender's conduct.	591

(c) The offender's history of criminal conduct demonstrates	592
that consecutive sentences are necessary to protect the public	593
from future crime by the offender.	594

(5) If a mandatory prison term is imposed upon an offender	595
pursuant to division (B)(5) or (6) of this section, the offender	596
shall serve the mandatory prison term consecutively to and prior	597
to any prison term imposed for the underlying violation of	598
division (A)(1) or (2) of section 2903.06 of the Revised Code	599
pursuant to division (A) of this section or section 2929.142 of	600
the Revised Code. If a mandatory prison term is imposed upon an	601
offender pursuant to division (B)(5) of this section, and if a	602
mandatory prison term also is imposed upon the offender pursuant	603
to division (B)(6) of this section in relation to the same	604
violation, the offender shall serve the mandatory prison term	605
imposed pursuant to division (B)(5) of this section consecutively	606
to and prior to the mandatory prison term imposed pursuant to	607
division (B)(6) of this section and consecutively to and prior to	608
any prison term imposed for the underlying violation of division	609
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	610
division (A) of this section or section 2929.142 of the Revised	611
Code.	612

(6) When consecutive prison terms are imposed pursuant to	613
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	614
of this section, the term to be served is the aggregate of all of	615
the terms so imposed.	616

(D)(1) If a court imposes a prison term for a felony of the	617
first degree, for a felony of the second degree, for a felony sex	618
offense, or for a felony of the third degree that is not a felony	619
sex offense and in the commission of which the offender caused or	620
threatened to cause physical harm to a person, it shall include in	621
the sentence a requirement that the offender be subject to a	622
period of post-release control after the offender's release from	623
imprisonment, in accordance with that division. If a court imposes	624
a sentence including a prison term of a type described in this	625
division on or after July 11, 2006, the failure of a court to	626
include a post-release control requirement in the sentence	627
pursuant to this division does not negate, limit, or otherwise	628
affect the mandatory period of post-release control that is	629
required for the offender under division (B) of section 2967.28 of	630
the Revised Code. Section 2929.191 of the Revised Code applies if,	631
prior to July 11, 2006, a court imposed a sentence including a	632
prison term of a type described in this division and failed to	633
include in the sentence pursuant to this division a statement	634
regarding post-release control.	635

(2) If a court imposes a prison term for a felony of the	636
third, fourth, or fifth degree that is not subject to division	637
(D)(1) of this section, it shall include in the sentence a	638
requirement that the offender be subject to a period of	639
post-release control after the offender's release from	640
imprisonment, in accordance with that division, if the parole	641
board determines that a period of post-release control is	642
necessary. Section 2929.191 of the Revised Code applies if, prior	643
to July 11, 2006, a court imposed a sentence including a prison	644
term of a type described in this division and failed to include in	645
the sentence pursuant to this division a statement regarding	646
post-release control.	647

(E) The court shall impose sentence upon the offender in	648
accordance with section 2971.03 of the Revised Code, and Chapter	649
2971. of the Revised Code applies regarding the prison term or	650
term of life imprisonment without parole imposed upon the offender	651
and the service of that term of imprisonment if any of the	652
following apply:	653

(1) A person is convicted of or pleads guilty to a violent	654
sex offense or a designated homicide, assault, or kidnapping	655
offense, and, in relation to that offense, the offender is	656
adjudicated a sexually violent predator.	657

(2) A person is convicted of or pleads guilty to a violation	658
of division (A)(1)(b) of section 2907.02 of the Revised Code	659
committed on or after January 2, 2007, and either the court does	660
not impose a sentence of life without parole when authorized	661
pursuant to division (B) of section 2907.02 of the Revised Code,	662
or division (B) of section 2907.02 of the Revised Code provides	663
that the court shall not sentence the offender pursuant to section	664
2971.03 of the Revised Code.	665

(3) A person is convicted of or pleads guilty to attempted	666
rape committed on or after January 2, 2007, and a specification of	667
the type described in section 2941.1418, 2941.1419, or 2941.1420	668
of the Revised Code.	669

(4) A person is convicted of or pleads guilty to a violation	670
of section 2905.01 of the Revised Code committed on or after	671
January 1, 2008, and that section requires the court to sentence	672
the offender pursuant to section 2971.03 of the Revised Code.	673

(5) A person is convicted of or pleads guilty to aggravated	674
murder committed on or after January 1, 2008, and division	675
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	676
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	677
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	678
2929.06 of the Revised Code requires the court to sentence the	679
offender pursuant to division (B)(3) of section 2971.03 of the	680
Revised Code.	681

(6) A person is convicted of or pleads guilty to murder	682
committed on or after January 1, 2008, and division (B)(2)(3) of	683
section 2929.02 of the Revised Code requires the court to sentence	684
the offender pursuant to section 2971.03 of the Revised Code.	685

(F) If a person who has been convicted of or pleaded guilty	686
to a felony is sentenced to a prison term or term of imprisonment	687
under this section, sections 2929.02 to 2929.06 of the Revised	688
Code, section 2929.142 of the Revised Code, section 2971.03 of the	689
Revised Code, or any other provision of law, section 5120.163 of	690
the Revised Code applies regarding the person while the person is	691
confined in a state correctional institution.	692

(G) If an offender who is convicted of or pleads guilty to a	693
felony that is an offense of violence also is convicted of or	694
pleads guilty to a specification of the type described in section	695
2941.142 of the Revised Code that charges the offender with having	696
committed the felony while participating in a criminal gang, the	697
court shall impose upon the offender an additional prison term of	698
one, two, or three years.	699

(H)(1) If an offender who is convicted of or pleads guilty to	700
aggravated murder, murder, or a felony of the first, second, or	701
third degree that is an offense of violence also is convicted of	702
or pleads guilty to a specification of the type described in	703
section 2941.143 of the Revised Code that charges the offender	704
with having committed the offense in a school safety zone or	705
towards a person in a school safety zone, the court shall impose	706
upon the offender an additional prison term of two years. The	707
offender shall serve the additional two years consecutively to and	708
prior to the prison term imposed for the underlying offense.	709

(2)(a) If an offender is convicted of or pleads guilty to a	710
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	711
of the Revised Code and to a specification of the type described	712
in section 2941.1421 of the Revised Code and if the court imposes	713
a prison term on the offender for the felony violation, the court	714
may impose upon the offender an additional prison term as follows:	715

(i) Subject to division (H)(2)(a)(ii) of this section, an	716
additional prison term of one, two, three, four, five, or six	717
months;	718

(ii) If the offender previously has been convicted of or	719
pleaded guilty to one or more felony or misdemeanor violations of	720
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	721
Revised Code and also was convicted of or pleaded guilty to a	722
specification of the type described in section 2941.1421 of the	723
Revised Code regarding one or more of those violations, an	724
additional prison term of one, two, three, four, five, six, seven,	725
eight, nine, ten, eleven, or twelve months.	726

(b) In lieu of imposing an additional prison term under	727
division (H)(2)(a) of this section, the court may directly impose	728
on the offender a sanction that requires the offender to wear a	729
real-time processing, continual tracking electronic monitoring	730
device during the period of time specified by the court. The	731
period of time specified by the court shall equal the duration of	732
an additional prison term that the court could have imposed upon	733
the offender under division (H)(2)(a) of this section. A sanction	734
imposed under this division shall commence on the date specified	735
by the court, provided that the sanction shall not commence until	736
after the offender has served the prison term imposed for the	737
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	738
of the Revised Code and any residential sanction imposed for the	739
violation under section 2929.16 of the Revised Code. A sanction	740
imposed under this division shall be considered to be a community	741
control sanction for purposes of section 2929.15 of the Revised	742
Code, and all provisions of the Revised Code that pertain to	743
community control sanctions shall apply to a sanction imposed	744
under this division, except to the extent that they would by their	745
nature be clearly inapplicable. The offender shall pay all costs	746
associated with a sanction imposed under this division, including	747
the cost of the use of the monitoring device.	748

(I) At the time of sentencing, the court may recommend the	749
offender for placement in a program of shock incarceration under	750
section 5120.031 of the Revised Code or for placement in an	751
intensive program prison under section 5120.032 of the Revised	752
Code, disapprove placement of the offender in a program of shock	753
incarceration or an intensive program prison of that nature, or	754
make no recommendation on placement of the offender. In no case	755
shall the department of rehabilitation and correction place the	756
offender in a program or prison of that nature unless the	757
department determines as specified in section 5120.031 or 5120.032	758
of the Revised Code, whichever is applicable, that the offender is	759
eligible for the placement.	760

If the court disapproves placement of the offender in a	761
program or prison of that nature, the department of rehabilitation	762
and correction shall not place the offender in any program of	763
shock incarceration or intensive program prison.	764

If the court recommends placement of the offender in a	765
program of shock incarceration or in an intensive program prison,	766
and if the offender is subsequently placed in the recommended	767
program or prison, the department shall notify the court of the	768
placement and shall include with the notice a brief description of	769
the placement.	770

If the court recommends placement of the offender in a	771
program of shock incarceration or in an intensive program prison	772
and the department does not subsequently place the offender in the	773
recommended program or prison, the department shall send a notice	774
to the court indicating why the offender was not placed in the	775
recommended program or prison.	776

If the court does not make a recommendation under this	777
division with respect to an offender and if the department	778
determines as specified in section 5120.031 or 5120.032 of the	779
Revised Code, whichever is applicable, that the offender is	780
eligible for placement in a program or prison of that nature, the	781
department shall screen the offender and determine if there is an	782
available program of shock incarceration or an intensive program	783
prison for which the offender is suited. If there is an available	784
program of shock incarceration or an intensive program prison for	785
which the offender is suited, the department shall notify the	786
court of the proposed placement of the offender as specified in	787
section 5120.031 or 5120.032 of the Revised Code and shall include	788
with the notice a brief description of the placement. The court	789
shall have ten days from receipt of the notice to disapprove the	790
placement.	791

(J) If a person is convicted of or pleads guilty to	792
aggravated vehicular homicide in violation of division (A)(1) of	793
section 2903.06 of the Revised Code and division (B)(2)(c) of that	794
section applies, the person shall be sentenced pursuant to section	795
2929.142 of the Revised Code.	796

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	797
the Revised Code to an offender is precluded unless one of the	798
following applies:	799

(a) The offender is charged with a violent sex offense, and	800
the indictment, count in the indictment, or information charging	801
the violent sex offense also includes a specification that the	802
offender is a sexually violent predator, or the offender is	803
charged with a designated homicide, assault, or kidnapping	804
offense, and the indictment, count in the indictment, or	805
information charging the designated homicide, assault, or	806
kidnapping offense also includes both a specification of the type	807
described in section 2941.147 of the Revised Code and a	808
specification that the offender is a sexually violent predator.	809

(b) The offender is convicted of or pleads guilty to a	810
violation of division (A)(1)(b) of section 2907.02 of the Revised	811
Code committed on or after January 2, 2007, and division (B) of	812
section 2907.02 of the Revised Code does not prohibit the court	813
from sentencing the offender pursuant to section 2971.03 of the	814
Revised Code.	815

(c) The offender is convicted of or pleads guilty to	816
attempted rape committed on or after January 2, 2007, and to a	817
specification of the type described in section 2941.1418,	818
2941.1419, or 2941.1420 of the Revised Code.	819

(d) The offender is convicted of or pleads guilty to a	820
violation of section 2905.01 of the Revised Code and to a	821
specification of the type described in section 2941.147 of the	822
Revised Code, and section 2905.01 of the Revised Code requires a	823
court to sentence the offender pursuant to section 2971.03 of the	824
Revised Code.	825

(e) The offender is convicted of or pleads guilty to	826
aggravated murder and to a specification of the type described in	827
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	828
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	829
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	830
2929.03, or division (A) or (B) of section 2929.06 of the Revised	831
Code requires a court to sentence the offender pursuant to	832
division (B)(3) of section 2971.03 of the Revised Code.	833

(f) The offender is convicted of or pleads guilty to murder	834
and to a specification of the type described in section 2941.147	835
of the Revised Code, and division (B)(2)(3) of section 2929.02 of	836
the Revised Code requires a court to sentence the offender	837
pursuant to section 2971.03 of the Revised Code.	838

(2) A specification required under division (A)(1)(a) of this	839
section that an offender is a sexually violent predator shall be	840
stated at the end of the body of the indictment, count, or	841
information and shall be stated in substantially the following	842
form:	843

"Specification (or, specification to the first count). The	844
grand jury (or insert the person's or prosecuting attorney's name	845
when appropriate) further find and specify that the offender is a	846
sexually violent predator."	847

(B) In determining for purposes of this section whether a	848
person is a sexually violent predator, all of the factors set	849
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	850
Code that apply regarding the person may be considered as evidence	851
tending to indicate that it is likely that the person will engage	852
in the future in one or more sexually violent offenses.	853

(C) As used in this section, "designated homicide, assault,	854
or kidnapping offense," "violent sex offense," and "sexually	855
violent predator" have the same meanings as in section 2971.01 of	856
the Revised Code.	857

Sec. 2967.13.  (A) Except as provided in division (G) of this	858
section, a prisoner serving a sentence of imprisonment for life	859
for an offense committed on or after July 1, 1996, is not entitled	860
to any earned credit under section 2967.193 of the Revised Code	861
and becomes eligible for parole as follows:	862

(1) If a sentence of imprisonment for fifteen years to life	863
was imposed for the offense of murder, at the expiration of the	864
prisoner's minimum term;	865

(2) If a sentence of imprisonment for life with parole	866
eligibility after serving twenty years of imprisonment was imposed	867
for aggravated murder pursuant to section 2929.022 or 2929.03 of	868
the Revised Code or for murder pursuant to division (B) of section	869
2929.02 of the Revised Code, after serving a term of twenty years;	870

(3) If a sentence of imprisonment for life with parole	871
eligibility after serving twenty-five full years of imprisonment	872
was imposed for aggravated murder pursuant to section 2929.022 or	873
2929.03 of the Revised Code or for murder pursuant to division (B)	874
of section 2929.02 of the Revised Code, after serving a term of	875
twenty-five full years;	876

(4) If a sentence of imprisonment for life with parole	877
eligibility after serving thirty full years of imprisonment was	878
imposed for aggravated murder pursuant to section 2929.022 or	879
2929.03 of the Revised Code or for murder pursuant to division (B)	880
of section 2929.02 of the Revised Code, after serving a term of	881
thirty full years;	882

(5) If a sentence of imprisonment for life was imposed for	883
rape, after serving a term of ten full years' imprisonment;	884

(6) If a sentence of imprisonment for life with parole	885
eligibility after serving fifteen years of imprisonment was	886
imposed for a violation of section 2927.24 of the Revised Code,	887
after serving a term of fifteen years.	888

(B) Except as provided in division (G) of this section, a	889
prisoner serving a sentence of imprisonment for life with parole	890
eligibility after serving twenty years of imprisonment or a	891
sentence of imprisonment for life with parole eligibility after	892
serving twenty-five full years or thirty full years of	893
imprisonment imposed pursuant to section 2929.022 or 2929.03 or	894
division (B) of section 2929.02 of the Revised Code for an offense	895
committed on or after July 1, 1996, consecutively to any other	896
term of imprisonment, becomes eligible for parole after serving	897
twenty years, twenty full years, or thirty full years, as	898
applicable, as to each such sentence of life imprisonment, which	899
shall not be reduced for earned credits under section 2967.193 of	900
the Revised Code, plus the term or terms of the other sentences	901
consecutively imposed or, if one of the other sentences is another	902
type of life sentence with parole eligibility, the number of years	903
before parole eligibility for that sentence.	904

(C) Except as provided in division (G) of this section, a	905
prisoner serving consecutively two or more sentences in which an	906
indefinite term of imprisonment is imposed becomes eligible for	907
parole upon the expiration of the aggregate of the minimum terms	908
of the sentences.	909

(D) Except as provided in division (G) of this section, a	910
prisoner serving a term of imprisonment who is described in	911
division (A) of section 2967.021 of the Revised Code becomes	912
eligible for parole as described in that division or, if the	913
prisoner is serving a definite term of imprisonment, shall be	914
released as described in that division.	915

(E) A prisoner serving a sentence of life imprisonment	916
without parole imposed pursuant to section 2907.02 or section,	917
2929.03, or 2929.06 or division (B) of section 2929.02 of the	918
Revised Code is not eligible for parole and shall be imprisoned	919
until death.	920

(F) A prisoner serving a stated prison term shall be released	921
in accordance with section 2967.28 of the Revised Code.	922

(G) A prisoner serving a prison term or term of life	923
imprisonment without parole imposed pursuant to section 2971.03 of	924
the Revised Code never becomes eligible for parole during that	925
term of imprisonment.	926

Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of	927
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	928
another section of the Revised Code, other than divisions (B) and	929
(C) of section 2929.14 of the Revised Code, that authorizes or	930
requires a specified prison term or a mandatory prison term for a	931
person who is convicted of or pleads guilty to a felony or that	932
specifies the manner and place of service of a prison term or term	933
of imprisonment, the court shall impose a sentence upon a person	934
who is convicted of or pleads guilty to a violent sex offense and	935
who also is convicted of or pleads guilty to a sexually violent	936
predator specification that was included in the indictment, count	937
in the indictment, or information charging that offense, and upon	938
a person who is convicted of or pleads guilty to a designated	939
homicide, assault, or kidnapping offense and also is convicted of	940
or pleads guilty to both a sexual motivation specification and a	941
sexually violent predator specification that were included in the	942
indictment, count in the indictment, or information charging that	943
offense, as follows:	944

(1) If the offense for which the sentence is being imposed is	945
aggravated murder and if the court does not impose upon the	946
offender a sentence of death, it shall impose upon the offender a	947
term of life imprisonment without parole. If the court sentences	948
the offender to death and the sentence of death is vacated,	949
overturned, or otherwise set aside, the court shall impose upon	950
the offender a term of life imprisonment without parole.	951

(2) If the offense for which the sentence is being imposed is	952
murder; or if the offense is rape committed in violation of	953
division (A)(1)(b) of section 2907.02 of the Revised Code when the	954
offender purposely compelled the victim to submit by force or	955
threat of force, when the victim was less than ten years of age,	956
when the offender previously has been convicted of or pleaded	957
guilty to either rape committed in violation of that division or a	958
violation of an existing or former law of this state, another	959
state, or the United States that is substantially similar to	960
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	961
the offender during or immediately after the commission of the	962
rape caused serious physical harm to the victim; or if the offense	963
is an offense other than aggravated murder or murder for which a	964
term of life imprisonment may be imposed, it shall impose upon the	965
offender a term of life imprisonment without parole.	966

(3)(a) Except as otherwise provided in division (A)(3)(b),	967
(c), (d), or (e) or (A)(4) of this section, if the offense for	968
which the sentence is being imposed is an offense other than	969
aggravated murder, murder, or rape and other than an offense for	970
which a term of life imprisonment may be imposed, it shall impose	971
an indefinite prison term consisting of a minimum term fixed by	972
the court from among the range of terms available as a definite	973
term for the offense, but not less than two years, and a maximum	974
term of life imprisonment.	975

(b) Except as otherwise provided in division (A)(4) of this	976
section, if the offense for which the sentence is being imposed is	977
kidnapping that is a felony of the first degree, it shall impose	978
an indefinite prison term as follows:	979

(i) If the kidnapping is committed on or after January 1,	980
2008, and the victim of the offense is less than thirteen years of	981
age, except as otherwise provided in this division, it shall	982
impose an indefinite prison term consisting of a minimum term of	983
fifteen years and a maximum term of life imprisonment. If the	984
kidnapping is committed on or after January 1, 2008, the victim of	985
the offense is less than thirteen years of age, and the offender	986
released the victim in a safe place unharmed, it shall impose an	987
indefinite prison term consisting of a minimum term of ten years	988
and a maximum term of life imprisonment.	989

(ii) If the kidnapping is committed prior to January 1, 2008,	990
or division (A)(3)(b)(i) of this section does not apply, it shall	991
impose an indefinite term consisting of a minimum term fixed by	992
the court that is not less than ten years and a maximum term of	993
life imprisonment.	994

(c) Except as otherwise provided in division (A)(4) of this	995
section, if the offense for which the sentence is being imposed is	996
kidnapping that is a felony of the second degree, it shall impose	997
an indefinite prison term consisting of a minimum term fixed by	998
the court that is not less than eight years, and a maximum term of	999
life imprisonment.	1000

(d) Except as otherwise provided in division (A)(4) of this	1001
section, if the offense for which the sentence is being imposed is	1002
rape for which a term of life imprisonment is not imposed under	1003
division (A)(2) of this section or division (B) of section 2907.02	1004
of the Revised Code, it shall impose an indefinite prison term as	1005
follows:	1006

(i) If the rape is committed on or after January 2, 2007, in	1007
violation of division (A)(1)(b) of section 2907.02 of the Revised	1008
Code, it shall impose an indefinite prison term consisting of a	1009
minimum term of twenty-five years and a maximum term of life	1010
imprisonment.	1011

(ii) If the rape is committed prior to January 2, 2007, or	1012
the rape is committed on or after January 2, 2007, other than in	1013
violation of division (A)(1)(b) of section 2907.02 of the Revised	1014
Code, it shall impose an indefinite prison term consisting of a	1015
minimum term fixed by the court that is not less than ten years,	1016
and a maximum term of life imprisonment.	1017

(e) Except as otherwise provided in division (A)(4) of this	1018
section, if the offense for which sentence is being imposed is	1019
attempted rape, it shall impose an indefinite prison term as	1020
follows:	1021

(i) Except as otherwise provided in division (A)(3)(e)(ii),	1022
(iii), or (iv) of this section, it shall impose an indefinite	1023
prison term pursuant to division (A)(3)(a) of this section.	1024

(ii) If the attempted rape for which sentence is being	1025
imposed was committed on or after January 2, 2007, and if the	1026
offender also is convicted of or pleads guilty to a specification	1027
of the type described in section 2941.1418 of the Revised Code, it	1028
shall impose an indefinite prison term consisting of a minimum	1029
term of five years and a maximum term of twenty-five years.	1030

(iii) If the attempted rape for which sentence is being	1031
imposed was committed on or after January 2, 2007, and if the	1032
offender also is convicted of or pleads guilty to a specification	1033
of the type described in section 2941.1419 of the Revised Code, it	1034
shall impose an indefinite prison term consisting of a minimum	1035
term of ten years and a maximum of life imprisonment.	1036

(iv) If the attempted rape for which sentence is being	1037
imposed was committed on or after January 2, 2007, and if the	1038
offender also is convicted of or pleads guilty to a specification	1039
of the type described in section 2941.1420 of the Revised Code, it	1040
shall impose an indefinite prison term consisting of a minimum	1041
term of fifteen years and a maximum of life imprisonment.	1042

(4) For any offense for which the sentence is being imposed,	1043
if the offender previously has been convicted of or pleaded guilty	1044
to a violent sex offense and also to a sexually violent predator	1045
specification that was included in the indictment, count in the	1046
indictment, or information charging that offense, or previously	1047
has been convicted of or pleaded guilty to a designated homicide,	1048
assault, or kidnapping offense and also to both a sexual	1049
motivation specification and a sexually violent predator	1050
specification that were included in the indictment, count in the	1051
indictment, or information charging that offense, it shall impose	1052
upon the offender a term of life imprisonment without parole.	1053

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	1054
of section 2929.14, or another section of the Revised Code other	1055
than division (B) of section 2907.02 or divisions (B) and (C) of	1056
section 2929.14 of the Revised Code that authorizes or requires a	1057
specified prison term or a mandatory prison term for a person who	1058
is convicted of or pleads guilty to a felony or that specifies the	1059
manner and place of service of a prison term or term of	1060
imprisonment, if a person is convicted of or pleads guilty to a	1061
violation of division (A)(1)(b) of section 2907.02 of the Revised	1062
Code committed on or after January 2, 2007, if division (A) of	1063
this section does not apply regarding the person, and if the court	1064
does not impose a sentence of life without parole when authorized	1065
pursuant to division (B) of section 2907.02 of the Revised Code,	1066
the court shall impose upon the person an indefinite prison term	1067
consisting of one of the following:	1068

(a) Except as otherwise required in division (B)(1)(b) or (c)	1069
of this section, a minimum term of ten years and a maximum term of	1070
life imprisonment.	1071

(b) If the victim was less than ten years of age, a minimum	1072
term of fifteen years and a maximum of life imprisonment.	1073

(c) If the offender purposely compels the victim to submit by	1074
force or threat of force, or if the offender previously has been	1075
convicted of or pleaded guilty to violating division (A)(1)(b) of	1076
section 2907.02 of the Revised Code or to violating an existing or	1077
former law of this state, another state, or the United States that	1078
is substantially similar to division (A)(1)(b) of that section, or	1079
if the offender during or immediately after the commission of the	1080
offense caused serious physical harm to the victim, a minimum term	1081
of twenty-five years and a maximum of life imprisonment.	1082

(2) Notwithstanding section 2929.13, division (A) or (D) of	1083
section 2929.14, or another section of the Revised Code other than	1084
divisions (B) and (C) of section 2929.14 of the Revised Code that	1085
authorizes or requires a specified prison term or a mandatory	1086
prison term for a person who is convicted of or pleads guilty to a	1087
felony or that specifies the manner and place of service of a	1088
prison term or term of imprisonment and except as otherwise	1089
provided in division (B) of section 2907.02 of the Revised Code,	1090
if a person is convicted of or pleads guilty to attempted rape	1091
committed on or after January 2, 2007, and if division (A) of this	1092
section does not apply regarding the person, the court shall	1093
impose upon the person an indefinite prison term consisting of one	1094
of the following:	1095

(a) If the person also is convicted of or pleads guilty to a	1096
specification of the type described in section 2941.1418 of the	1097
Revised Code, the court shall impose upon the person an indefinite	1098
prison term consisting of a minimum term of five years and a	1099
maximum term of twenty-five years.	1100

(b) If the person also is convicted of or pleads guilty to a	1101
specification of the type described in section 2941.1419 of the	1102
Revised Code, the court shall impose upon the person an indefinite	1103
prison term consisting of a minimum term of ten years and a	1104
maximum term of life imprisonment.	1105

(c) If the person also is convicted of or pleads guilty to a	1106
specification of the type described in section 2941.1420 of the	1107
Revised Code, the court shall impose upon the person an indefinite	1108
prison term consisting of a minimum term of fifteen years and a	1109
maximum term of life imprisonment.	1110

(3) Notwithstanding section 2929.13, division (A) or (D) of	1111
section 2929.14, or another section of the Revised Code other than	1112
divisions (B) and (C) of section 2929.14 of the Revised Code that	1113
authorizes or requires a specified prison term or a mandatory	1114
prison term for a person who is convicted of or pleads guilty to a	1115
felony or that specifies the manner and place of service of a	1116
prison term or term of imprisonment, if a person is convicted of	1117
or pleads guilty to an offense described in division (B)(3)(a),	1118
(b), (c), or (d) of this section committed on or after January 1,	1119
2008, if the person also is convicted of or pleads guilty to a	1120
sexual motivation specification that was included in the	1121
indictment, count in the indictment, or information charging that	1122
offense, and if division (A) of this section does not apply	1123
regarding the person, the court shall impose upon the person an	1124
indefinite prison term consisting of one of the following:	1125

(a) An indefinite prison term consisting of a minimum of ten	1126
years and a maximum term of life imprisonment if the offense for	1127
which the sentence is being imposed is kidnapping, the victim of	1128
the offense is less than thirteen years of age, and the offender	1129
released the victim in a safe place unharmed;	1130

(b) An indefinite prison term consisting of a minimum of	1131
fifteen years and a maximum term of life imprisonment if the	1132
offense for which the sentence is being imposed is kidnapping when	1133
the victim of the offense is less than thirteen years of age and	1134
division (B)(3)(a) of this section does not apply;	1135

(c) An indefinite term consisting of a minimum of thirty	1136
years and a maximum term of life imprisonment if the offense for	1137
which the sentence is being imposed is aggravated murder, when the	1138
victim of the offense is less than thirteen years of age, a	1139
sentence of death or life imprisonment without parole is not	1140
imposed for the offense, and division (A)(2)(b)(ii) of section	1141
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	1142
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	1143
division (A) or (B) of section 2929.06 of the Revised Code	1144
requires that the sentence for the offense be imposed pursuant to	1145
this division;	1146

(d) An indefinite prison term consisting of a minimum of	1147
thirty years and a maximum term of life imprisonment if the	1148
offense for which the sentence is being imposed is murder when the	1149
victim of the offense is less than thirteen years of age and	1150
division (B)(3) of section 2929.02 of the Revised Code requires	1151
that the sentence for the offense be imposed pursuant to this	1152
division.	1153

(C)(1) If the offender is sentenced to a prison term pursuant	1154
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1155
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	1156
board shall have control over the offender's service of the term	1157
during the entire term unless the parole board terminates its	1158
control in accordance with section 2971.04 of the Revised Code.	1159

(2) Except as provided in division (C)(3) of this section, an	1160
offender sentenced to a prison term or term of life imprisonment	1161
without parole pursuant to division (A) of this section shall	1162
serve the entire prison term or term of life imprisonment in a	1163
state correctional institution. The offender is not eligible for	1164
judicial release under section 2929.20 of the Revised Code.	1165

(3) For a prison term imposed pursuant to division (A)(3),	1166
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1167
(c), or (d) of this section, the court, in accordance with section	1168
2971.05 of the Revised Code, may terminate the prison term or	1169
modify the requirement that the offender serve the entire term in	1170
a state correctional institution if all of the following apply:	1171

(a) The offender has served at least the minimum term imposed	1172
as part of that prison term.	1173

(b) The parole board, pursuant to section 2971.04 of the	1174
Revised Code, has terminated its control over the offender's	1175
service of that prison term.	1176

(c) The court has held a hearing and found, by clear and	1177
convincing evidence, one of the following:	1178

(i) In the case of termination of the prison term, that the	1179
offender is unlikely to commit a sexually violent offense in the	1180
future;	1181

(ii) In the case of modification of the requirement, that the	1182
offender does not represent a substantial risk of physical harm to	1183
others.	1184

(4) An offender who has been sentenced to a term of life	1185
imprisonment without parole pursuant to division (A)(1), (2), or	1186
(4) of this section shall not be released from the term of life	1187
imprisonment or be permitted to serve a portion of it in a place	1188
other than a state correctional institution.	1189

(D) If a court sentences an offender to a prison term or term	1190
of life imprisonment without parole pursuant to division (A) of	1191
this section and the court also imposes on the offender one or	1192
more additional prison terms pursuant to division (B) of section	1193
2929.14 of the Revised Code, all of the additional prison terms	1194
shall be served consecutively with, and prior to, the prison term	1195
or term of life imprisonment without parole imposed upon the	1196
offender pursuant to division (A) of this section.	1197

(E) If the offender is convicted of or pleads guilty to two	1198
or more offenses for which a prison term or term of life	1199
imprisonment without parole is required to be imposed pursuant to	1200
division (A) of this section, divisions (A) to (D) of this section	1201
shall be applied for each offense. All minimum terms imposed upon	1202
the offender pursuant to division (A)(3) or (B) of this section	1203
for those offenses shall be aggregated and served consecutively,	1204
as if they were a single minimum term imposed under that division.	1205

(F)(1) If an offender is convicted of or pleads guilty to a	1206
violent sex offense and also is convicted of or pleads guilty to a	1207
sexually violent predator specification that was included in the	1208
indictment, count in the indictment, or information charging that	1209
offense, or is convicted of or pleads guilty to a designated	1210
homicide, assault, or kidnapping offense and also is convicted of	1211
or pleads guilty to both a sexual motivation specification and a	1212
sexually violent predator specification that were included in the	1213
indictment, count in the indictment, or information charging that	1214
offense, the conviction of or plea of guilty to the offense and	1215
the sexually violent predator specification automatically	1216
classifies the offender as a tier III sex offender/child-victim	1217
offender for purposes of Chapter 2950. of the Revised Code.	1218

(2) If an offender is convicted of or pleads guilty to	1219
committing on or after January 2, 2007, a violation of division	1220
(A)(1)(b) of section 2907.02 of the Revised Code and either the	1221
offender is sentenced under section 2971.03 of the Revised Code or	1222
a sentence of life without parole is imposed under division (B) of	1223
section 2907.02 of the Revised Code, the conviction of or plea of	1224
guilty to the offense automatically classifies the offender as a	1225
tier III sex offender/child-victim offender for purposes of	1226
Chapter 2950. of the Revised Code.	1227

(3) If a person is convicted of or pleads guilty to	1228
committing on or after January 2, 2007, attempted rape and also is	1229
convicted of or pleads guilty to a specification of the type	1230
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1231
Revised Code, the conviction of or plea of guilty to the offense	1232
and the specification automatically classify the offender as a	1233
tier III sex offender/child-victim offender for purposes of	1234
Chapter 2950. of the Revised Code.	1235

(4) If a person is convicted of or pleads guilty to one of	1236
the offenses described in division (B)(3)(a), (b), (c), or (d) of	1237
this section and a sexual motivation specification related to the	1238
offense and the victim of the offense is less than thirteen years	1239
of age, the conviction of or plea of guilty to the offense	1240
automatically classifies the offender as a tier III sex	1241
offender/child-victim offender for purposes of Chapter 2950. of	1242
the Revised Code.	1243

Sec. 2971.07.  (A) This chapter does not apply to any	1244
offender unless the offender is one of the following:	1245

(1) The offender is convicted of or pleads guilty to a	1246
violent sex offense and also is convicted of or pleads guilty to a	1247
sexually violent predator specification that was included in the	1248
indictment, count in the indictment, or information charging that	1249
offense.	1250

(2) The offender is convicted of or pleads guilty to a	1251
designated homicide, assault, or kidnapping offense and also is	1252
convicted of or pleads guilty to both a sexual motivation	1253
specification and a sexually violent predator specification that	1254
were included in the indictment, count in the indictment, or	1255
information charging that offense.	1256

(3) The offender is convicted of or pleads guilty to a	1257
violation of division (A)(1)(b) of section 2907.02 of the Revised	1258
Code committed on or after January 2, 2007, and the court does not	1259
sentence the offender to a term of life without parole pursuant to	1260
division (B) of section 2907.02 of the Revised Code or division	1261
(B) of that section prohibits the court from sentencing the	1262
offender pursuant to section 2971.03 of the Revised Code.	1263

(4) The offender is convicted of or pleads guilty to	1264
attempted rape committed on or after January 2, 2007, and also is	1265
convicted of or pleads guilty to a specification of the type	1266
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1267
Revised Code.	1268

(5) The offender is convicted of or pleads guilty to a	1269
violation of section 2905.01 of the Revised Code and also is	1270
convicted of or pleads guilty to a sexual motivation specification	1271
that was included in the indictment, count in the indictment, or	1272
information charging that offense, and that section requires a	1273
court to sentence the offender pursuant to section 2971.03 of the	1274
Revised Code.	1275

(6) The offender is convicted of or pleads guilty to	1276
aggravated murder and also is convicted of or pleads guilty to a	1277
sexual motivation specification that was included in the	1278
indictment, count in the indictment, or information charging that	1279
offense, and division (A)(2)(b)(ii) of section 2929.022, division	1280
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	1281
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	1282
2929.06 of the Revised Code requires a court to sentence the	1283
offender pursuant to division (B)(3) of section 2971.03 of the	1284
Revised Code.	1285

(7) The offender is convicted of or pleads guilty to murder	1286
and also is convicted of or pleads guilty to a sexual motivation	1287
specification that was included in the indictment, count in the	1288
indictment, or information charging that offense, and division	1289
(B)(2)(3) of section 2929.02 of the Revised Code requires a court	1290
to sentence the offender pursuant to section 2971.03 of the	1291
Revised Code.	1292

(B) This chapter does not limit or affect a court in imposing	1293
upon an offender described in divisions (A)(1) to (9) of this	1294
section any financial sanction under section 2929.18 or any other	1295
section of the Revised Code, or, except as specifically provided	1296
in this chapter, any other sanction that is authorized or required	1297
for the offense or violation by any other provision of law.	1298

(C) If an offender is sentenced to a prison term under	1299
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	1300
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	1301
Code and if, pursuant to section 2971.05 of the Revised Code, the	1302
court modifies the requirement that the offender serve the entire	1303
prison term in a state correctional institution or places the	1304
offender on conditional release that involves the placement of the	1305
offender under the supervision of the adult parole authority,	1306
authorized field officers of the authority who are engaged within	1307
the scope of their supervisory duties or responsibilities may	1308
search, with or without a warrant, the person of the offender, the	1309
place of residence of the offender, and a motor vehicle, another	1310
item of tangible or intangible personal property, or any other	1311
real property in which the offender has the express or implied	1312
permission of a person with a right, title, or interest to use,	1313
occupy, or possess if the field officer has reasonable grounds to	1314
believe that the offender is not abiding by the law or otherwise	1315
is not complying with the terms and conditions of the offender's	1316
modification or release. The authority shall provide each offender	1317
with a written notice that informs the offender that authorized	1318
field officers of the authority who are engaged within the scope	1319
of their supervisory duties or responsibilities may conduct those	1320
types of searches during the period of the modification or release	1321
if they have reasonable grounds to believe that the offender is	1322
not abiding by the law or otherwise is not complying with the	1323
terms and conditions of the offender's modification or release.	1324

Sec. 5120.61.  (A)(1) Not later than ninety days after	1325
January 1, 1997, the department of rehabilitation and correction	1326
shall adopt standards that it will use under this section to	1327
assess the following criminal offenders and may periodically	1328
revise the standards:	1329

(a) A criminal offender who is convicted of or pleads guilty	1330
to a violent sex offense or designated homicide, assault, or	1331
kidnapping offense and is adjudicated a sexually violent predator	1332
in relation to that offense;	1333

(b) A criminal offender who is convicted of or pleads guilty	1334
to a violation of division (A)(1)(b) of section 2907.02 of the	1335
Revised Code committed on or after January 2, 2007, and either who	1336
is sentenced under section 2971.03 of the Revised Code or upon	1337
whom a sentence of life without parole is imposed under division	1338
(B) of section 2907.02 of the Revised Code;	1339

(c) A criminal offender who is convicted of or pleads guilty	1340
to attempted rape committed on or after January 2, 2007, and a	1341
specification of the type described in section 2941.1418,	1342
2941.1419, or 2941.1420 of the Revised Code;	1343

(d) A criminal offender who is convicted of or pleads guilty	1344
to a violation of section 2905.01 of the Revised Code and also is	1345
convicted of or pleads guilty to a sexual motivation specification	1346
that was included in the indictment, count in the indictment, or	1347
information charging that offense, and who is sentenced pursuant	1348
to section 2971.03 of the Revised Code;	1349

(e) A criminal offender who is convicted of or pleads guilty	1350
to aggravated murder and also is convicted of or pleads guilty to	1351
a sexual motivation specification that was included in the	1352
indictment, count in the indictment, or information charging that	1353
offense, and who pursuant to division (A)(2)(b)(ii) of section	1354
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	1355
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	1356
division (A) or (B) of section 2929.06 of the Revised Code is	1357
sentenced pursuant to division (B)(3) of section 2971.03 of the	1358
Revised Code;	1359

(f) A criminal offender who is convicted of or pleads guilty	1360
to murder and also is convicted of or pleads guilty to a sexual	1361
motivation specification that was included in the indictment,	1362
count in the indictment, or information charging that offense, and	1363
who pursuant to division (B)(2)(3) of section 2929.02 of the	1364
Revised Code is sentenced pursuant to section 2971.03 of the	1365
Revised Code.	1366

(2) When the department is requested by the parole board or	1367
the court to provide a risk assessment report of the offender	1368
under section 2971.04 or 2971.05 of the Revised Code, it shall	1369
assess the offender and complete the assessment as soon as	1370
possible after the offender has commenced serving the prison term	1371
or term of life imprisonment without parole imposed under division	1372
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	1373
(b), (c), or (d) of section 2971.03 of the Revised Code.	1374
Thereafter, the department shall update a risk assessment report	1375
pertaining to an offender as follows:	1376

(a) Periodically, in the discretion of the department,	1377
provided that each report shall be updated no later than two years	1378
after its initial preparation or most recent update;	1379

(b) Upon the request of the parole board for use in	1380
determining pursuant to section 2971.04 of the Revised Code	1381
whether it should terminate its control over an offender's service	1382
of a prison term imposed upon the offender under division (A)(3),	1383
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	1384
(c), or (d) of section 2971.03 of the Revised Code;	1385

(c) Upon the request of the court.

1386

(3) After the department of rehabilitation and correction	1387
assesses an offender pursuant to division (A)(2) of this section,	1388
it shall prepare a report that contains its risk assessment for	1389
the offender or, if a risk assessment report previously has been	1390
prepared, it shall update the risk assessment report.	1391

(4) The department of rehabilitation and correction shall	1392
provide each risk assessment report that it prepares or updates	1393
pursuant to this section regarding an offender to all of the	1394
following:	1395

(a) The parole board for its use in determining pursuant to	1396
section 2971.04 of the Revised Code whether it should terminate	1397
its control over an offender's service of a prison term imposed	1398
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	1399
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1400
2971.03 of the Revised Code, if the parole board has not	1401
terminated its control over the offender;	1402

(b) The court for use in determining, pursuant to section	1403
2971.05 of the Revised Code, whether to modify the requirement	1404
that the offender serve the entire prison term imposed upon the	1405
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	1406
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	1407
the Revised Code in a state correctional institution, whether to	1408
revise any modification previously made, or whether to terminate	1409
the prison term;	1410

(c) The prosecuting attorney who prosecuted the case, or the	1411
successor in office to that prosecuting attorney;	1412

(d) The offender.

1413

(B) When the department of rehabilitation and correction	1414
provides a risk assessment report regarding an offender to the	1415
parole board or court pursuant to division (A)(4)(a) or (b) of	1416
this section, the department, prior to the parole board's or	1417
court's hearing, also shall provide to the offender or to the	1418
offender's attorney of record a copy of the report and a copy of	1419
any other relevant documents the department possesses regarding	1420
the offender that the department does not consider to be	1421
confidential.	1422

(C) As used in this section:

1423

(1) "Adjudicated a sexually violent predator" has the same	1424
meaning as in section 2929.01 of the Revised Code, and a person is	1425
"adjudicated a sexually violent predator" in the same manner and	1426
the same circumstances as are described in that section.	1427

(2) "Designated homicide, assault, or kidnapping offense" and	1428
"violent sex offense" have the same meanings as in section 2971.01	1429
of the Revised Code.	1430

Section 2.  That existing sections 2903.02, 2929.02, 2929.14,	1431
2941.148, 2967.13, 2971.03, 2971.07, and 5120.61 of the Revised	1432
Code are hereby repealed.	1433