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,

2941.141, 2941.144, 2941.145, 2941.146, and

2941.1412 and to enact sections 2923.132 and

2941.1424 of the Revised Code to double the

mandatory prison term for an offender who is

convicted of a firearm specification and

previously has been convicted of a firearm

specification; to similarly double the period of

authorized or mandatory commitment to the

Department of Youth Services of a delinquent child

who is guilty of a firearm specification and

previously has been adjudicated a delinquent child

for committing an act that would constitute a

violation of a firearm specification if committed

by an adult; to prohibit violent career criminals

from knowingly acquiring, having, carrying, or

using any firearm or dangerous ordnance; and to

require a mandatory prison term for a violent

career criminal convicted of committing a violent

felony offense while armed with a firearm.

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) of	36
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) of	46
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) of	66
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 ~~five~~ten 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 ~~felony~~offense;	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 ~~felony~~offense;	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. A	841

(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. If	921

(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 or~~	1579
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

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

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