As Introduced
136th General Assembly
Regular Session H. B. No. 79
2025-2026
Representatives Roemer, Miller, J.
Cosponsors: Representatives Bird, Brennan, Daniels, Hiner, Kishman, Sigrist,
Synenberg, Thomas, D., Williams
A B I L L
To amend sections 2903.13 and 2929.13 of the
Revised Code to increase the penalties for
assault if the victim is acting as a sports
official or the assault is committed in
retaliation for the victim's actions as a sports
official.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.13 and 2929.13 of the
Revised Code be amended to read as follows:
Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's
unborn.
(B) No person shall recklessly cause serious physical harm
to another or to another's unborn.
(C)(1) Whoever violates this section is guilty of assault,
and the court shall sentence the offender as provided in this
division and divisions (C)(1), (2), (3), (4), (5), (6), (7),
(8), (9), and (10), and (11) of this section. Except as
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otherwise provided in division (C)(2), (3), (4), (5), (6), (7),
(8), or (9) of this section, assault is a misdemeanor of the
first degree.
(2) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a person with a
functional impairment under the caretaker's care, assault is a
felony of the fourth degree. If the offense is committed by a
caretaker against a person with a functional impairment under
the caretaker's care, if the offender previously has been
convicted of or pleaded guilty to a violation of this section or
section 2903.11 or 2903.16 of the Revised Code, and if in
relation to the previous conviction the offender was a caretaker
and the victim was a person with a functional impairment under
the offender's care, assault is a felony of the third degree.
(3) If the offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction or the department of
youth services, and the offense is committed by a person
incarcerated in the state correctional institution or by a
person institutionalized in the department of youth services
institution pursuant to a commitment to the department of youth
services, assault is a felony of the third degree.
(4) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department or
is on the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
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custody in the facility subsequent to the person's arrest for
any crime or delinquent act, subsequent to the person's being
charged with or convicted of any crime, or subsequent to the
person's being alleged to be or adjudicated a delinquent child.
(b) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution
of the department of youth services, the victim of the offense
is an employee of the department of rehabilitation and
correction, the department of youth services, or a probation
department, the offense occurs during the employee's official
work hours and while the employee is engaged in official work
responsibilities, and the offense is committed by a person
incarcerated in a state correctional institution or
institutionalized in the department of youth services who
temporarily is outside of the institution for any purpose, by a
parolee, by an offender under transitional control, under a
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other
type of supervision by a government agency.
(c) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department,
the offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities,
and the offense is committed by a person who is under custody in
the facility subsequent to the person's arrest for any crime or
delinquent act, subsequent to the person being charged with or
convicted of any crime, or subsequent to the person being
alleged to be or adjudicated a delinquent child and who
temporarily is outside of the facility for any purpose or by a
parolee, by an offender under transitional control, under a
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community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other
type of supervision by a government agency.
(d) The victim of the offense is a school teacher or
administrator or a school bus operator, and the offense occurs
in a school, on school premises, in a school building, on a
school bus, or while the victim is outside of school premises or
a school bus and is engaged in duties or official
responsibilities associated with the victim's employment or
position as a school teacher or administrator or a school bus
operator, including, but not limited to, driving, accompanying,
or chaperoning students at or on class or field trips, athletic
events, or other school extracurricular activities or functions
outside of school premises.
(e) All of the following apply:
(i) The victim of the offense is a sports official and the
offense occurs while the victim is engaged in the victim's
official duties at a sports event or immediately before or after
the sports event.
(ii) The offender previously has been convicted of or
pleaded guilty to a violation of this section under the
circumstances specified in division (C)(4)(e)(i) or (C)(4)(f)(i)
of this section.
(f) All of the following apply:
(i) The victim of the offense is a sports official and the
offense is committed in retaliation for an action taken by the
victim while the victim was engaged in the victim's official
duties at a sports event.
(ii) The offender previously has been convicted of or
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pleaded guilty to a violation of this section under the
circumstances specified in division (C)(4)(e)(i) or (C)(4)(f)(i)
of this section.
(5) If the assault is committed in any of the following
circumstances, assault is a felony of the fourth degree:
(a) The victim of the offense is a peace officer or an
investigator of the bureau of criminal identification and
investigation, a firefighter, or a person performing emergency
medical service, while in the performance of the officer's,
investigator's, firefighter's, or person's official duties.
(b) The victim of the offense is an emergency service
responder, the offender knows or reasonably should know that the
victim is an emergency service responder, and it is the
offender's specific purpose to commit the offense against an
emergency service responder.
(c) The victim of the offense is a family or household
member or co-worker of a person who is an emergency service
responder, the offender knows or reasonably should know that the
victim is a family or household member or co-worker of an
emergency service responder, and it is the offender's specific
purpose to commit the offense against a family or household
member or co-worker of an emergency service responder.
(6) If the offense is a felony of the fourth degree under
division (C)(5)(a) of this section, if the victim of the offense
is a peace officer or an investigator of the bureau of criminal
identification and investigation, and if the victim suffered
serious physical harm as a result of the commission of the
offense, the court, pursuant to division (F) of section 2929.13
of the Revised Code, shall impose as a mandatory prison term one
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of the prison terms prescribed for a felony of the fourth degree
that is at least twelve months in duration.
(7) If the victim of the offense is an officer or employee
of a public children services agency or a private child placing
agency and the offense relates to the officer's or employee's
performance or anticipated performance of official
responsibilities or duties, assault is either a felony of the
fifth degree or, if the offender previously has been convicted
of or pleaded guilty to an offense of violence, the victim of
that prior offense was an officer or employee of a public
children services agency or private child placing agency, and
that prior offense related to the officer's or employee's
performance or anticipated performance of official
responsibilities or duties, a felony of the fourth degree.
(8) If the victim of the offense is a health care
professional of a hospital, a health care worker of a hospital,
or a security officer of a hospital whom the offender knows or
has reasonable cause to know is a health care professional of a
hospital, a health care worker of a hospital, or a security
officer of a hospital, if the victim is engaged in the
performance of the victim's duties, and if the hospital offers
de-escalation or crisis intervention training for such
professionals, workers, or officers, assault is one of the
following:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, assault committed in the specified circumstances
is a misdemeanor of the first degree. Notwithstanding the fine
specified in division (A)(2)(a) of section 2929.28 of the
Revised Code for a misdemeanor of the first degree, in
sentencing the offender under this division and if the court
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decides to impose a fine, the court may impose upon the offender
a fine of not more than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against hospital personnel, assault committed in the
specified circumstances is a felony of the fifth degree.
(9) If the victim of the offense is a judge, magistrate,
prosecutor, or court official or employee whom the offender
knows or has reasonable cause to know is a judge, magistrate,
prosecutor, or court official or employee, and if the victim is
engaged in the performance of the victim's duties, assault is
one of the following:
(a) Except as otherwise provided in division (C)(9)(b) of
this section, assault committed in the specified circumstances
is a misdemeanor of the first degree. In sentencing the offender
under this division, if the court decides to impose a fine,
notwithstanding the fine specified in division (A)(2)(a) of
section 2929.28 of the Revised Code for a misdemeanor of the
first degree, the court may impose upon the offender a fine of
not more than five thousand dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to one or more assault or homicide offenses
committed against justice system personnel, assault committed in
the specified circumstances is a felony of the fifth degree.
(10) If an offender who is convicted of or pleads guilty
to assault when it is a misdemeanor also is convicted of or
pleads guilty to a specification as described in section
2941.1423 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
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offense, the court shall sentence the offender to a mandatory
jail term as provided in division (F) of section 2929.24 of the
Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads
guilty to a specification as described in section 2941.1423 of
the Revised Code that was included in the indictment, count in
the indictment, or information charging the offense, except as
otherwise provided in division (C)(6) of this section, the court
shall sentence the offender to a mandatory prison term as
provided in division (B)(8) of section 2929.14 of the Revised
Code.
(11) If an offender is convicted of or pleads guilty to
assault when it is a misdemeanor of the first degree, in
addition to the sentence for that misdemeanor, the court shall
impose a mandatory fine of one thousand five hundred dollars,
notwithstanding the fine specified in division (A)(2)(a) of
section 2929.28 of the Revised Code for a misdemeanor of the
first degree, and shall impose forty hours of community service
if either of the following applies:
(a) The victim of the offense is a sports official and the
offense occurs while the victim is engaged in the victim's
official duties at a sports event or immediately before or after
the sports event.
(b) The victim of the offense is a sports official and the
offense is committed in retaliation for an action taken by the
victim while the victim was engaged in the victim's official
duties at a sports event.
(D) A prosecution for a violation of this section does not
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preclude a prosecution of a violation of any other section of
the Revised Code. One or more acts, a series of acts, or a
course of behavior that can be prosecuted under this section or
any other section of the Revised Code may be prosecuted under
this section, the other section of the Revised Code, or both
sections. However, if an offender is convicted of or pleads
guilty to a violation of this section and also is convicted of
or pleads guilty to a violation of section 2903.22 of the
Revised Code based on the same conduct involving the same victim
that was the basis of the violation of this section, the two
offenses are allied offenses of similar import under section
2941.25 of the Revised Code.
(E) Nothing in division (C)(4)(e) or (f) of this section
prevents an offender from being prosecuted for a violation of
section 2903.11 or 2903.12 of the Revised Code if the elements
of the offense under either of those sections are present, the
victim of the offense is a sports official, and the offense
occurs while the victim is engaged in the victim's official
duties at a sports event or immediately before or after the
sports event.
(F) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" means any person who is a firefighter as
defined in section 3937.41 of the Revised Code and, for purposes
of division (E)(21) (F)(21) of this section, also includes a
member of a fire department as defined in section 742.01 of the
Revised Code.
(3) "Emergency medical service" has the same meaning as in
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section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or multicounty-
municipal jail or workhouse, a minimum security jail established
under section 341.23 or 753.21 of the Revised Code, or another
county, multicounty, municipal, municipal-county, or
multicounty-municipal facility used for the custody of persons
arrested for any crime or delinquent act, persons charged with
or convicted of any crime, or persons alleged to be or
adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the local correctional facility and who operates or assists in
the operation of the facility.
(6) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a contract described in section 3311.77 or 3319.08
of the Revised Code in a position in which the person is
required to have a certificate issued pursuant to sections
3319.22 to 3319.311 of the Revised Code.
(b) A person who is employed by a nonpublic school for
which the director of education and workforce prescribes minimum
standards under section 3301.07 of the Revised Code and who is
certificated in accordance with section 3301.071 of the Revised
Code.
(7) "Community control sanction" has the same meaning as
in section 2929.01 of the Revised Code.
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(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the same meanings as in section 2967.01 of the Revised Code.
(10) "Investigator of the bureau of criminal
identification and investigation" has the same meaning as in
section 2903.11 of the Revised Code.
(11) "Health care professional" and "health care worker"
have the same meanings as in section 2305.234 of the Revised
Code.
(12) "Assault or homicide offense committed against
hospital personnel" means a violation of this section or of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, or 2903.14 of the Revised Code committed in
circumstances in which all of the following apply:
(a) The victim of the offense was a health care
professional of a hospital, a health care worker of a hospital,
or a security officer of a hospital.
(b) The offender knew or had reasonable cause to know that
the victim was a health care professional of a hospital, a
health care worker of a hospital, or a security officer of a
hospital.
(c) The victim was engaged in the performance of the
victim's duties.
(d) The hospital offered de-escalation or crisis
intervention training for such professionals, workers, or
officers.
(13) "De-escalation or crisis intervention training" means
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de-escalation or crisis intervention training for health care
professionals of a hospital, health care workers of a hospital,
and security officers of a hospital to facilitate interaction
with patients, members of a patient's family, and visitors,
including those with mental impairments.
(14) "Assault or homicide offense committed against
justice system personnel" means a violation of this section or
of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.11, 2903.12, or 2903.14 of the Revised Code committed in
circumstances in which the victim of the offense was a judge,
magistrate, prosecutor, or court official or employee whom the
offender knew or had reasonable cause to know was a judge,
magistrate, prosecutor, or court official or employee, and the
victim was engaged in the performance of the victim's duties.
(15) "Court official or employee" means any official or
employee of a court created under the constitution or statutes
of this state or of a United States court located in this state.
(16) "Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States
court located in this state.
(17) "Magistrate" means an individual who is appointed by
a court of record of this state and who has the powers and may
perform the functions specified in Civil Rule 53, Criminal Rule
19, or Juvenile Rule 40, or an individual who is appointed by a
United States court located in this state who has similar powers
and functions.
(18) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(19)(a) "Hospital" means, subject to division (E)(19)(b)
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(F)(19)(b) of this section, an institution classified as a
hospital under section 3701.01 of the Revised Code in which are
provided to patients diagnostic, medical, surgical, obstetrical,
psychiatric, or rehabilitation care or a hospital operated by a
health maintenance organization.
(b) "Hospital" does not include any of the following:
(i) A facility licensed under Chapter 3721. of the Revised
Code, a health care facility operated by the department of
mental health and addiction services or the department of
developmental disabilities, a health maintenance organization
that does not operate a hospital, or the office of any private,
licensed health care professional, whether organized for
individual or group practice;
(ii) An institution for the sick that is operated
exclusively for patients who use spiritual means for healing and
for whom the acceptance of medical care is inconsistent with
their religious beliefs, accredited by a national accrediting
organization, exempt from federal income taxation under section
501 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C. 1, as amended, and providing twenty-four-hour nursing
care pursuant to the exemption in division (E) of section
4723.32 of the Revised Code from the licensing requirements of
Chapter 4723. of the Revised Code.
(20) "Health maintenance organization" has the same
meaning as in section 3727.01 of the Revised Code.
(21) "Emergency service responder" means any law
enforcement officer, first responder, emergency medical
technician-basic, emergency medical technician-intermediate,
emergency medical technician-paramedic, firefighter, or
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volunteer firefighter.
(22) "Family or household member" means any of the
following:
(a) Any of the following who is residing or has resided
with a person who is employed as an emergency service responder:
(i) A spouse, a person living as a spouse, or a former
spouse of a person who is employed as an emergency service
responder;
(ii) A parent, a foster parent, or a child of a person who
is employed as an emergency service responder, or another person
related by consanguinity or affinity to a person who is employed
as an emergency service responder;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of a person who is employed as an
emergency service responder, or another person related by
consanguinity or affinity to a spouse, person living as a
spouse, or former spouse of a person who is employed as an
emergency service responder.
(b) The natural parent of any child of whom a person who
is employed as an emergency service responder is the other
natural parent or is the putative other natural parent.
(23) "First responder," "emergency medical technician-
basic," "emergency medical technician-intermediate," and
"emergency medical technician-paramedic" have the same meanings
as in section 4765.01 of the Revised Code.
(24) "Volunteer firefighter" has the same meaning as in
section 146.01 of the Revised Code.
(25) "Person living as a spouse" means a person who is
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living or has lived with a person who is employed as an
emergency service responder in a common law marital
relationship, who otherwise is cohabiting with a person who is
employed as an emergency service responder, or who otherwise has
cohabited with a person who is employed as an emergency service
responder within five years prior to the date of the alleged
commission of the act in question.
(26) "Co-worker" means a person who is employed by the
organization or entity that is served by a person who is
employed as an emergency service responder.
(27) "Sports official" means any person who is paid or
volunteers to enforce the rules of a sports event as a referee,
umpire, linesperson, timer, scorekeeper, or in a similar
capacity.
(28) "Sports event" includes all of the following:
(a) Any interscholastic or intramural athletic event or
athletic activity at an elementary or secondary school, college,
or university or in which an elementary or secondary school,
college, or university participates;
(b) Any organized athletic activity, including an
organized athletic activity that is sponsored by a community,
business, or nonprofit organization;
(c) Any athletic activity that is a professional or
semiprofessional event.
Sec. 2929.13. (A) Except as provided in division (E), (F),
or (G) of this section and unless a specific sanction is
required to be imposed or is precluded from being imposed
pursuant to law, a court that imposes a sentence upon an
offender for a felony may impose any sanction or combination of
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As Introduced
sanctions on the offender that are provided in sections 2929.14
to 2929.18 of the Revised Code.
If the offender is eligible to be sentenced to community
control sanctions, the court shall consider the appropriateness
of imposing a financial sanction pursuant to section 2929.18 of
the Revised Code or a sanction of community service pursuant to
section 2929.17 of the Revised Code as the sole sanction for the
offense. Except as otherwise provided in this division, if the
court is required to impose a mandatory prison term for the
offense for which sentence is being imposed, the court also
shall impose any financial sanction pursuant to section 2929.18
of the Revised Code that is required for the offense and may
impose any other financial sanction pursuant to that section but
may not impose any additional sanction or combination of
sanctions under section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree
felony OVI offense or for a third degree felony OVI offense, in
addition to the mandatory term of local incarceration or the
mandatory prison term required for the offense by division (G)
(1) or (2) of this section, the court shall impose upon the
offender a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code and may impose whichever of
the following is applicable:
(1) For a fourth degree felony OVI offense for which
sentence is imposed under division (G)(1) of this section, an
additional community control sanction or combination of
community control sanctions under section 2929.16 or 2929.17 of
the Revised Code. If the court imposes upon the offender a
community control sanction and the offender violates any
condition of the community control sanction, the court may take
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any action prescribed in division (B) of section 2929.15 of the
Revised Code relative to the offender, including imposing a
prison term on the offender pursuant to that division.
(2) For a third or fourth degree felony OVI offense for
which sentence is imposed under division (G)(2) of this section,
an additional prison term as described in division (B)(4) of
section 2929.14 of the Revised Code or a community control
sanction as described in division (G)(2) of this section.
(B)(1)(a) Except as provided in division (B)(1)(b) of this
section, if an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence or that is a qualifying assault offense, the court
shall sentence the offender to a community control sanction or
combination of community control sanctions if all of the
following apply:
(i) The offender previously has not been convicted of or
pleaded guilty to a felony offense.
(ii) The most serious charge against the offender at the
time of sentencing is a felony of the fourth or fifth degree.
(iii) The offender previously has not been convicted of or
pleaded guilty to a misdemeanor offense of violence that the
offender committed within two years prior to the offense for
which sentence is being imposed.
(b) The court has discretion to impose a prison term upon
an offender who is convicted of or pleads guilty to a felony of
the fourth or fifth degree that is not an offense of violence or
that is a qualifying assault offense if any of the following
apply:
(i) The offender committed the offense while having a
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firearm on or about the offender's person or under the
offender's control.
(ii) If the offense is a qualifying assault offense, the
offender caused serious physical harm to another person while
committing the offense, and, if the offense is not a qualifying
assault offense, the offender caused physical harm to another
person while committing the offense.
(iii) The offender violated a term of the conditions of
bond as set by the court.
(iv) The offense is a sex offense that is a fourth or
fifth degree felony violation of any provision of Chapter 2907.
of the Revised Code.
(v) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with
a deadly weapon.
(vi) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person, and
the offender previously was convicted of an offense that caused
physical harm to a person.
(vii) The offender held a public office or position of
trust, and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(viii) The offender committed the offense for hire or as
part of an organized criminal activity.
(ix) The offender at the time of the offense was serving,
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or the offender previously had served, a prison term.
(x) The offender committed the offense while under a
community control sanction, while on probation, or while
released from custody on a bond or personal recognizance.
(c) A sentencing court may impose an additional penalty
under division (B) of section 2929.15 of the Revised Code upon
an offender sentenced to a community control sanction under
division (B)(1)(a) of this section if the offender violates the
conditions of the community control sanction, violates a law, or
leaves the state without the permission of the court or the
offender's probation officer.
(2) If division (B)(1) of this section does not apply,
except as provided in division (E), (F), or (G) of this section,
in determining whether to impose a prison term as a sanction for
a felony of the fourth or fifth degree, the sentencing court
shall comply with the purposes and principles of sentencing
under section 2929.11 of the Revised Code and with section
2929.12 of the Revised Code.
(C) Except as provided in division (D), (E), (F), or (G)
of this section, in determining whether to impose a prison term
as a sanction for a felony of the third degree or a felony drug
offense that is a violation of a provision of Chapter 2925. of
the Revised Code and that is specified as being subject to this
division for purposes of sentencing, the sentencing court shall
comply with the purposes and principles of sentencing under
section 2929.11 of the Revised Code and with section 2929.12 of
the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this
section, for a felony of the first or second degree, for a
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felony drug offense that is a violation of any provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable, and for a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code for which a presumption in
favor of a prison term is specified as being applicable, it is
presumed that a prison term is necessary in order to comply with
the purposes and principles of sentencing under section 2929.11
of the Revised Code. Division (D)(2) of this section does not
apply to a presumption established under this division for a
violation of division (A)(4) of section 2907.05 of the Revised
Code.
(2) Notwithstanding the presumption established under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court may
impose a community control sanction or a combination of
community control sanctions instead of a prison term on an
offender for a felony of the first or second degree or for a
felony drug offense that is a violation of any provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if it makes both of the following findings:
(a) A community control sanction or a combination of
community control sanctions would adequately punish the offender
and protect the public from future crime, because the applicable
factors under section 2929.12 of the Revised Code indicating a
lesser likelihood of recidivism outweigh the applicable factors
under that section indicating a greater likelihood of
recidivism.
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(b) A community control sanction or a combination of
community control sanctions would not demean the seriousness of
the offense, because one or more factors under section 2929.12
of the Revised Code that indicate that the offender's conduct
was less serious than conduct normally constituting the offense
are applicable, and they outweigh the applicable factors under
that section that indicate that the offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section,
for any drug offense that is a violation of any provision of
Chapter 2925. of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a
prison term or of division (B) or (C) of this section in
determining whether to impose a prison term for the offense
shall be determined as specified in section 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or 2925.37 of the Revised Code, whichever is applicable
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty
to a felony violates the conditions of a community control
sanction imposed for the offense solely by reason of producing
positive results on a drug test, the court, as punishment for
the violation of the sanction, shall not order that the offender
be imprisoned unless the court determines on the record either
of the following:
(a) The offender had been ordered as a sanction for the
felony to participate in a drug treatment program, in a drug
education program, or in narcotics anonymous or a similar
program, and the offender continued to use illegal drugs after a
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reasonable period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse
offense that is a felony of the third, fourth, or fifth degree
may require that the offender be assessed by a properly
credentialed professional within a specified period of time. The
court shall require the professional to file a written
assessment of the offender with the court. If the offender is
eligible for a community control sanction and after considering
the written assessment, the court may impose a community control
sanction that includes addiction services and recovery supports
included in a community-based continuum of care established
under section 340.032 of the Revised Code. If the court imposes
addiction services and recovery supports as a community control
sanction, the court shall direct the level and type of addiction
services and recovery supports after considering the assessment
and recommendation of community addiction services providers.
(F) Notwithstanding divisions (A) to (E) of this section,
the court shall impose a prison term or terms under sections
2929.02 to 2929.06, section 2929.14, section 2929.142, or
section 2971.03 of the Revised Code and except as specifically
provided in section 2929.20, or section 2967.191 of the Revised
Code or when parole is authorized for the offense under section
2967.13 of the Revised Code shall not reduce the term or terms
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code for any of the following
offenses:
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(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit
rape if, had the offender completed the rape that was attempted,
the offender would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the
victim is less than thirteen years of age and if any of the
following applies:
(a) Regarding gross sexual imposition, the offender
previously was convicted of or pleaded guilty to rape, the
former offense of felonious sexual penetration, gross sexual
imposition, or sexual battery, and the victim of the previous
offense was less than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than
the testimony of the victim was admitted in the case
corroborating the violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06,
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As Introduced
2903.08, 2903.11, 2903.12, 2903.13, 2905.32, 2907.07, 2921.321,
or 2923.132 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug offense
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99,
or 4729.99 of the Revised Code, whichever is applicable
regarding the violation, requires the imposition of a mandatory
prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second
degree felony, or an offense under an existing or former law of
this state, another state, or the United States that is or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either
is a violation of section 2903.04 of the Revised Code or an
attempt to commit a felony of the second degree that is an
offense of violence and involved an attempt to cause serious
physical harm to a person or that resulted in serious physical
harm to a person if the offender previously was convicted of or
pleaded guilty to any of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
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As Introduced
(b) An offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to an offense listed in division (F)(7)
(a) of this section that resulted in the death of a person or in
physical harm to a person.
(8) Any offense, other than a violation of section 2923.12
of the Revised Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the
offender's control while committing the felony, with respect to
a portion of the sentence imposed pursuant to division (B)(1)(a)
of section 2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (B)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in the pattern of
corrupt activity that is the basis of the offense is a felony of
the first degree;
(11) Any violent sex offense or designated homicide,
assault, or kidnapping offense if, in relation to that offense,
the offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised Code, or a violation of division (C) of
that section involving an item listed in division (A)(1) or (2)
of that section, if the offender is an officer or employee of
the department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section
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As Introduced
2903.06 of the Revised Code if the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised
Code, or an investigator of the bureau of criminal
identification and investigation, as defined in section 2903.11
of the Revised Code, with respect to the portion of the sentence
imposed pursuant to division (B)(5) of section 2929.14 of the
Revised Code;
(14) A violation of division (A)(1) or (2) of section
2903.06 of the Revised Code if the offender has been convicted
of or pleaded guilty to three or more violations of division (A)
of section 4511.19 of the Revised Code or an equivalent offense,
as defined in section 2941.1415 of the Revised Code, or three or
more violations of any combination of those offenses, with
respect to the portion of the sentence imposed pursuant to
division (B)(6) of section 2929.14 of the Revised Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt
activity, a violation of division (A)(1) or (2) of section
2907.323 of the Revised Code that involves a minor, or
endangering children in violation of division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code, if the
offender is convicted of or pleads guilty to a specification as
described in section 2941.1422 of the Revised Code that was
included in the indictment, count in the indictment, or
information charging the offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
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As Introduced
that section, and division (D)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (B)(8) of section 2929.14 of the Revised
Code;
(19)(a) Any violent felony offense if the offender is a
violent career criminal and had a firearm on or about the
offender's person or under the offender's control during the
commission of the violent felony offense and displayed or
brandished the firearm, indicated that the offender possessed a
firearm, or used the firearm to facilitate the offense, with
respect to the portion of the sentence imposed under division
(K) of section 2929.14 of the Revised Code.
(b) As used in division (F)(19)(a) of this section,
"violent career criminal" and "violent felony offense" have the
same meanings as in section 2923.132 of the Revised Code.
(20) Any violation of division (A)(1) of section 2903.11
of the Revised Code if the offender used an accelerant in
committing the violation and the serious physical harm to
another or another's unborn caused by the violation resulted in
a permanent, serious disfigurement or permanent, substantial
incapacity or any violation of division (A)(2) of that section
if the offender used an accelerant in committing the violation,
the violation caused physical harm to another or another's
unborn, and the physical harm resulted in a permanent, serious
disfigurement or permanent, substantial incapacity, with respect
to a portion of the sentence imposed pursuant to division (B)(9)
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As Introduced
of section 2929.14 of the Revised Code. The provisions of this
division and of division (D)(2) of section 2903.11, divisions
(B)(9) and (C)(6) of section 2929.14, and section 2941.1425 of
the Revised Code shall be known as "Judy's Law."
(21) Any violation of division (A) of section 2903.11 of
the Revised Code if the victim of the offense suffered permanent
disabling harm as a result of the offense and the victim was
under ten years of age at the time of the offense, with respect
to a portion of the sentence imposed pursuant to division (B)
(10) of section 2929.14 of the Revised Code.
(22) A felony violation of section 2925.03, 2925.05, or
2925.11 of the Revised Code, if the drug involved in the
violation is a fentanyl-related compound or a compound, mixture,
preparation, or substance containing a fentanyl-related compound
and the offender is convicted of or pleads guilty to a
specification of the type described in division (B) of section
2941.1410 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense, with respect to the portion of the sentence imposed
under division (B)(11) of section 2929.14 of the Revised Code.
(G) Notwithstanding divisions (A) to (E) of this section,
if an offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, the court
shall impose upon the offender a mandatory term of local
incarceration or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court
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As Introduced
may impose upon the offender a mandatory term of local
incarceration of sixty days or one hundred twenty days as
specified in division (G)(1)(d) of section 4511.19 of the
Revised Code. The court shall not reduce the term pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of the Revised Code. The court
that imposes a mandatory term of local incarceration under this
division shall specify whether the term is to be served in a
jail, a community-based correctional facility, a halfway house,
or an alternative residential facility, and the offender shall
serve the term in the type of facility specified by the court. A
mandatory term of local incarceration imposed under division (G)
(1) of this section is not subject to any other Revised Code
provision that pertains to a prison term except as provided in
division (A)(1) of this section.
(2) If the offender is being sentenced for a third degree
felony OVI offense, or if the offender is being sentenced for a
fourth degree felony OVI offense and the court does not impose a
mandatory term of local incarceration under division (G)(1) of
this section, the court shall impose upon the offender a
mandatory prison term of one, two, three, four, or five years if
the offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as
specified in division (G)(1)(d) or (e) of section 4511.19 of the
Revised Code if the offender has not been convicted of and has
not pleaded guilty to a specification of that type. The court
shall not reduce the term pursuant to section 2929.20, division
(A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of the Revised Code. The offender shall serve the
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As Introduced
one-, two-, three-, four-, or five-year mandatory prison term
consecutively to and prior to the prison term imposed for the
underlying offense and consecutively to any other mandatory
prison term imposed in relation to the offense. In no case shall
an offender who once has been sentenced to a mandatory term of
local incarceration pursuant to division (G)(1) of this section
for a fourth degree felony OVI offense be sentenced to another
mandatory term of local incarceration under that division for
any violation of division (A) of section 4511.19 of the Revised
Code. In addition to the mandatory prison term described in
division (G)(2) of this section, the court may sentence the
offender to a community control sanction under section 2929.16
or 2929.17 of the Revised Code, but the offender shall serve the
prison term prior to serving the community control sanction. The
department of rehabilitation and correction may place an
offender sentenced to a mandatory prison term under this
division in an intensive program prison established pursuant to
section 5120.033 of the Revised Code if the department gave the
sentencing judge prior notice of its intent to place the
offender in an intensive program prison established under that
section and if the judge did not notify the department that the
judge disapproved the placement. Upon the establishment of the
initial intensive program prison pursuant to section 5120.033 of
the Revised Code that is privately operated and managed by a
contractor pursuant to a contract entered into under section
9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall
make a reasonable effort to ensure that a sufficient number of
offenders sentenced to a mandatory prison term under this
division are placed in the privately operated and managed prison
so that the privately operated and managed prison has full
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As Introduced
occupancy.
(b) Unless the privately operated and managed prison has
full occupancy, the department of rehabilitation and correction
shall not place any offender sentenced to a mandatory prison
term under this division in any intensive program prison
established pursuant to section 5120.033 of the Revised Code
other than the privately operated and managed prison.
(H) If an offender is being sentenced for a sexually
oriented offense or child-victim oriented offense that is a
felony committed on or after January 1, 1997, the judge shall
require the offender to submit to a DNA specimen collection
procedure pursuant to section 2901.07 of the Revised Code.
(I) If an offender is being sentenced for a sexually
oriented offense or a child-victim oriented offense committed on
or after January 1, 1997, the judge shall include in the
sentence a summary of the offender's duties imposed under
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code and the duration of the duties. The judge shall inform the
offender, at the time of sentencing, of those duties and of
their duration. If required under division (A)(2) of section
2950.03 of the Revised Code, the judge shall perform the duties
specified in that section, or, if required under division (A)(6)
of section 2950.03 of the Revised Code, the judge shall perform
the duties specified in that division.
(J)(1) Except as provided in division (J)(2) of this
section, when considering sentencing factors under this section
in relation to an offender who is convicted of or pleads guilty
to an attempt to commit an offense in violation of section
2923.02 of the Revised Code, the sentencing court shall consider
the factors applicable to the felony category of the violation
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As Introduced
of section 2923.02 of the Revised Code instead of the factors
applicable to the felony category of the offense attempted.
(2) When considering sentencing factors under this section
in relation to an offender who is convicted of or pleads guilty
to an attempt to commit a drug abuse offense for which the
penalty is determined by the amount or number of unit doses of
the controlled substance involved in the drug abuse offense, the
sentencing court shall consider the factors applicable to the
felony category that the drug abuse offense attempted would be
if that drug abuse offense had been committed and had involved
an amount or number of unit doses of the controlled substance
that is within the next lower range of controlled substance
amounts than was involved in the attempt.
(K) As used in this section:
(1) "Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.
(2) "Drug abuse offense" has the same meaning as in
section 2925.01 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning
as in section 2925.11 of the Revised Code.
(4) "Qualifying assault offense" means a violation of
section 2903.13 of the Revised Code for which the penalty
provision in division (C)(4)(e), (C)(4)(f), (C)(8)(b), or (C)(9)
(b) of that section applies.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court
may require that the offender be monitored by means of a global
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928 H. B. No. 79 Page 33
As Introduced
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the
offender is indigent, the cost of compliance shall be paid by
the crime victims reparations fund.
Section 2. That existing sections 2903.13 and 2929.13 of
the Revised Code are hereby repealed.
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