As Introduced
136th General Assembly
Regular Session S. B. No. 188
2025-2026
Senator Patton
To amend sections 2921.331 and 2929.14 of the
Revised Code to expand the offense of failure to
comply with an order or signal of a law
enforcement officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.331 and 2929.14 of the
Revised Code be amended to read as follows:
Sec. 2921.331. (A) No person shall fail to comply with any
lawful order or direction of any police law enforcement officer
invested with authority to direct, control, or regulate traffic.
(B) No person shall operate a motor vehicle so as
willfully to elude or flee a police law enforcement officer
after receiving a visible or audible signal from a police law
enforcement officer to bring the person's motor vehicle to a
stop.
(C)(1) No person shall take a position in a physical
location that prevents immediate access by any law enforcement
officer and refuse or resist orders to exit the location, or
comply with other lawful order or direction, when that person
knows or reasonably should know that the law enforcement officer
is attempting to apprehend the person in connection to an
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alleged felony offense or misdemeanor offense of violence.
(2) No person shall aid, assist, or attempt to aid or
assist another person to commit a violation of division (C)(1)
of this section.
(D)(1) Whoever violates this section is guilty of failure
to comply with an order or signal of a police law enforcement
officer.
(2) A violation of division (A) of this section is a
misdemeanor of the first degree.
(3) Except as provided in divisions (C)(4)(D)(4) and (5)
of this section, a violation of division (B) of this section is
a felony of the fourth degree.
(4) A violation of division (B) of this section is a
felony of the third degree if the jury or judge as trier of fact
finds by proof beyond a reasonable doubt that, in committing the
offense, the offender was fleeing immediately after the
commission of a felony.
(5)(a) A violation of division (B) of this section is a
felony of the third degree if the jury or judge as trier of fact
finds any of the following by proof beyond a reasonable doubt:
(i) The operation of the motor vehicle by the offender was
a proximate cause of serious physical harm to persons or
property.
(ii) The operation of the motor vehicle by the offender
caused a substantial risk of serious physical harm to persons or
property.
(b) If a police law enforcement officer pursues an
offender who is violating division (B) of this section and
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division (C)(5)(a)(D)(5)(a) of this section applies, the
sentencing court, in determining the seriousness of an
offender's conduct for purposes of sentencing the offender for a
violation of division (B) of this section, shall consider, along
with the factors set forth in sections 2929.12 and 2929.13 of
the Revised Code that are required to be considered, all of the
following:
(i) The duration of the pursuit;
(ii) The distance of the pursuit;
(iii) The rate of speed at which the offender operated the
motor vehicle during the pursuit;
(iv) Whether the offender failed to stop for traffic
lights or stop signs during the pursuit;
(v) The number of traffic lights or stop signs for which
the offender failed to stop during the pursuit;
(vi) Whether the offender operated the motor vehicle
during the pursuit without lighted lights during a time when
lighted lights are required;
(vii) Whether the offender committed a moving violation
during the pursuit;
(viii) The number of moving violations the offender
committed during the pursuit;
(ix) Any other relevant factors indicating that the
offender's conduct is more serious than conduct normally
constituting the offense.
(D)(6)(a) Except as provided in divisions (D)(6)(b) and
(c) of this section, a violation of division (C)(1) of this
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section is a felony of the third degree.
(b) Except as provided in division (D)(6)(c) of this
section, if any of the following apply, a violation of division
(C)(1) of this section is a felony of the second degree and the
court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms
prescribed for a felony of the second degree in division (A)(2)
(a) of section 2929.14 of the Revised Code:
(i) The violation creates a risk of serious physical harm
to any person;
(ii) During commission of the violation, the person
indicates to the law enforcement officer that the person has
possession of a deadly weapon;
(iii) Except as provided in division (D)(6)(c) of this
section, during the commission of the violation a third party is
present and is unable to immediately and safely leave the
physical location of the commission of the violation.
(c) If, during the commission of a violation of division
(C)(1) of this section, a third party who is a minor or an
elderly individual is present and is unable to immediately and
safely leave the physical location of the commission of the
violation, a violation of division (C)(1) of this section is a
felony of the first degree and the court shall impose as the
minimum prison term for the offense a mandatory prison term that
is one of the minimum terms prescribed for a felony of the first
degree in division (A)(1)(a) of section 2929.14 of the Revised
Code.
(7)(a) Except as provided in division (D)(7)(b) of this
section, a violation of division (C)(2) of this section is a
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felony of the next lesser degree than the offense of the
associated violation of division (C)(1) which is a necessary
element of a violation of division (C)(2).
(b) If a violation of division (C)(2) of this section
creates a serious risk of physical harm, the violation is a
felony of the second degree and the court shall impose as the
minimum prison term for the offense a mandatory prison term that
is one of the minimum terms prescribed for a felony of the
second degree in division (A)(2)(a) of section 2929.14 of the
Revised Code.
(E) If an offender is sentenced to a prison term for a
violation of division (B) or (C) of this section, the offender
shall serve the prison term consecutively to any other prison
term or mandatory prison term imposed upon the offender.
(E)(F) In addition to any other sanction imposed for a
violation of division (B) of this section, the court shall
impose a class two suspension from the range specified in
division (A)(2) of section 4510.02 of the Revised Code. In
addition to any other sanction imposed for a violation of
division (A) of this section, the court shall impose a class
five suspension from the range specified in division (A)(5) of
section 4510.02 of the Revised Code. If the offender previously
has been found guilty of an offense under this section, in
addition to any other sanction imposed for the offense, the
court shall impose a class one suspension as described in
division (A)(1) of that section. The court shall not grant
limited driving privileges to the offender on a suspension
imposed for a felony violation of this section. The court may
grant limited driving privileges to the offender on a suspension
imposed for a misdemeanor violation of this section as set forth
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in section 4510.021 of the Revised Code. No judge shall suspend
the first three years of suspension under a class two suspension
of an offender's license, permit, or privilege required by this
division or any portion of the suspension under a class one
suspension of an offender's license, permit, or privilege
required by this division.
(F) As used in this section:
(1) "Elderly person" means a person who is sixty-five
years of age or older.
(2) "Moving violation" has the same meaning as in section
2743.70 of the Revised Code.
(2) "Police officer" has the same meaning as in section
4511.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),
(B)(10), (B)(11), (E), (G), (H), (J), or (K) of this section or
in division (D)(6) of section 2919.25 of the Revised Code and
except in relation to an offense for which a sentence of death
or life imprisonment is to be imposed, if the court imposing a
sentence upon an offender for a felony elects or is required to
impose a prison term on the offender pursuant to this chapter,
the court shall impose a prison term that shall be one of the
following:
(1)(a) For a felony of the first degree committed on or
after March 22, 2019, the prison term shall be an indefinite
prison term with a stated minimum term selected by the court of
three, four, five, six, seven, eight, nine, ten, or eleven years
and a maximum term that is determined pursuant to section
2929.144 of the Revised Code, except that if the section that
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criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the
minimum term or sentence imposed under that specific language
shall be considered for purposes of the Revised Code as if it
had been imposed under this division.
(b) For a felony of the first degree committed prior to
March 22, 2019, the prison term shall be a definite prison term
of three, four, five, six, seven, eight, nine, ten, or eleven
years.
(2)(a) For a felony of the second degree committed on or
after March 22, 2019, the prison term shall be an indefinite
prison term with a stated minimum term selected by the court of
two, three, four, five, six, seven, or eight years and a maximum
term that is determined pursuant to section 2929.144 of the
Revised Code, except that if the section that criminalizes the
conduct constituting the felony specifies a different minimum
term or penalty for the offense, the specific language of that
section shall control in determining the minimum term or
otherwise sentencing the offender but the minimum term or
sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been
imposed under this division.
(b) For a felony of the second degree committed prior to
March 22, 2019, the prison term shall be a definite term of two,
three, four, five, six, seven, or eight years.
(3)(a) For a felony of the third degree that is a
violation of section 2903.06, 2903.08, 2907.03, 2907.04,
2907.05, 2907.321, 2907.322, 2907.323, 2919.25, or 3795.04 of
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the Revised Code, that is a violation of division (A) of section
4511.19 of the Revised Code if the offender previously has been
convicted of or pleaded guilty to a violation of division (A) of
that section that was a felony, that is a violation of section
2911.02 or 2911.12 of the Revised Code if the offender
previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, that
is a violation of division (C)(1) of section 2921.331 of the
Revised Code if the violation creates a risk of physical harm to
any person, or that is a violation of division (B) of section
2921.331 of the Revised Code if division (C)(5) of that section
applies, the prison term shall be a definite term of twelve,
eighteen, twenty-four, thirty, thirty-six, forty-two, forty-
eight, fifty-four, or sixty months.
(b) For a felony of the third degree that is not an
offense for which division (A)(3)(a) of this section applies,
the prison term shall be a definite term of nine, twelve,
eighteen, twenty-four, thirty, or thirty-six months.
(4) For a felony of the fourth degree, the prison term
shall be a definite term of six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen,
or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall be a definite term of six, seven, eight, nine, ten,
eleven, or twelve months.
(B)(1)(a) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.141,
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2941.144, or 2941.145 of the Revised Code, the court shall
impose on the offender one of the following prison terms:
(i) A prison term of six years if the specification is of
the type described in division (A) of section 2941.144 of the
Revised Code that charges the offender with having a firearm
that is an automatic firearm or that was equipped with a firearm
muffler or suppressor on or about the offender's person or under
the offender's control while committing the offense;
(ii) A prison term of three years if the specification is
of the type described in division (A) of section 2941.145 of the
Revised Code that charges the offender with having a firearm on
or about the offender's person or under the offender's control
while committing the offense and displaying the firearm,
brandishing the firearm, indicating that the offender possessed
the firearm, or using it to facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in division (A) of section 2941.141 of the
Revised Code that charges the offender with having a firearm on
or about the offender's person or under the offender's control
while committing the offense;
(iv) A prison term of nine years if the specification is
of the type described in division (D) of section 2941.144 of the
Revised Code that charges the offender with having a firearm
that is an automatic firearm or that was equipped with a firearm
muffler or suppressor on or about the offender's person or under
the offender's control while committing the offense and
specifies that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in
section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code;
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(v) A prison term of fifty-four months if the
specification is of the type described in division (D) of
section 2941.145 of the Revised Code that charges the offender
with having a firearm on or about the offender's person or under
the offender's control while committing the offense and
displaying the firearm, brandishing the firearm, indicating that
the offender possessed the firearm, or using the firearm to
facilitate the offense and that the offender previously has been
convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;
(vi) A prison term of eighteen months if the specification
is of the type described in division (D) of section 2941.141 of
the Revised Code that charges the offender with having a firearm
on or about the offender's person or under the offender's
control while committing the offense and that the offender
previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.
(b) If a court imposes a prison term on an offender under
division (B)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter
2967. or Chapter 5120. of the Revised Code. Except as provided
in division (B)(1)(g) of this section, a court shall not impose
more than one prison term on an offender under division (B)(1)
(a) of this section for felonies committed as part of the same
act or transaction.
(c)(i) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
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a violation of section 2923.161 of the Revised Code or to a
felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or
physical harm to another, also is convicted of or pleads guilty
to a specification of the type described in division (A) of
section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle other than a manufactured home, the court, after
imposing a prison term on the offender for the violation of
section 2923.161 of the Revised Code or for the other felony
offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of five years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code.
(ii) Except as provided in division (B)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to
a violation of section 2923.161 of the Revised Code or to a
felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or
physical harm to another, also is convicted of or pleads guilty
to a specification of the type described in division (C) of
section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle other than a manufactured home and that the
offender previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code,
the court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the
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other felony offense under division (A), (B)(2), or (3) of this
section, shall impose an additional prison term of ninety months
upon the offender that shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,
or any other provision of Chapter 2967. or Chapter 5120. of the
Revised Code.
(iii) A court shall not impose more than one additional
prison term on an offender under division (B)(1)(c) of this
section for felonies committed as part of the same act or
transaction. If a court imposes an additional prison term on an
offender under division (B)(1)(c) of this section relative to an
offense, the court also shall impose a prison term under
division (B)(1)(a) of this section relative to the same offense,
provided the criteria specified in that division for imposing an
additional prison term are satisfied relative to the offender
and the offense.
(d) If an offender who is convicted of or pleads guilty to
an offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in
section 2941.1411 of the Revised Code that charges the offender
with wearing or carrying body armor while committing the felony
offense of violence, the court shall impose on the offender an
additional prison term of two years. The prison term so imposed
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court
imposes an additional prison term under division (B)(1)(a) or
(c) of this section, the court is not precluded from imposing an
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additional prison term under division (B)(1)(d) of this section.
(e) The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (B)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122
that involves a deadly weapon that is a firearm other than a
dangerous ordnance, section 2923.16, or section 2923.121 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) of this section or any of the
additional prison terms described in division (B)(1)(c) of this
section upon an offender for a violation of section 2923.13 of
the Revised Code unless all of the following apply:
(i) The offender previously has been convicted of
aggravated murder, murder, or any felony of the first or second
degree.
(ii) Less than five years have passed since the offender
was released from prison or post-release control, whichever is
later, for the prior offense.
(f)(i) If an offender is convicted of or pleads guilty to
a felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in division (A) of section 2941.1412 of the
Revised Code that charges the offender with committing the
offense by discharging a firearm at a peace officer as defined
in section 2935.01 of the Revised Code or a corrections officer,
as defined in section 2941.1412 of the Revised Code, the court,
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after imposing a prison term on the offender for the felony
offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code.
(ii) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in division (B) of section 2941.1412 of the
Revised Code that charges the offender with committing the
offense by discharging a firearm at a peace officer, as defined
in section 2935.01 of the Revised Code, or a corrections
officer, as defined in section 2941.1412 of the Revised Code,
and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in
section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of
the Revised Code, the court, after imposing a prison term on the
offender for the felony offense under division (A), (B)(2), or
(3) of this section, shall impose an additional prison term of
one hundred twenty-six months upon the offender that shall not
be reduced pursuant to section 2929.20, division (A)(2) or (3)
of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code.
(iii) If an offender is convicted of or pleads guilty to
two or more felonies that include, as an essential element,
causing or attempting to cause the death or physical harm to
another and also is convicted of or pleads guilty to a
specification of the type described under division (B)(1)(f) of
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this section in connection with two or more of the felonies of
which the offender is convicted or to which the offender pleads
guilty, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(f) of this section
for each of two of the specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications. If a court imposes an additional prison term on
an offender under division (B)(1)(f) of this section relative to
an offense, the court shall not impose a prison term under
division (B)(1)(a) or (c) of this section relative to the same
offense.
(g) If an offender is convicted of or pleads guilty to two
or more felonies, if one or more of those felonies are
aggravated murder, murder, attempted aggravated murder,
attempted murder, aggravated robbery, felonious assault, or
rape, and if the offender is convicted of or pleads guilty to a
specification of the type described under division (B)(1)(a) of
this section in connection with two or more of the felonies, the
sentencing court shall impose on the offender the prison term
specified under division (B)(1)(a) of this section for each of
the two most serious specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications.
(2)(a) If division (B)(2)(b) of this section does not
apply, the court may impose on an offender, in addition to the
longest prison term authorized or required for the offense or,
for offenses for which division (A)(1)(a) or (2)(a) of this
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section applies, in addition to the longest minimum prison term
authorized or required for the offense, an additional definite
prison term of one, two, three, four, five, six, seven, eight,
nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is
convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment
without parole, any felony of the first degree that is an
offense of violence and the court does not impose a sentence of
life imprisonment without parole, or any felony of the second
degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat
to cause serious physical harm to a person or resulted in
serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense or the longest minimum prison term for the offense,
whichever is applicable, that is not life imprisonment without
parole.
(iv) The court finds that the prison terms imposed
pursuant to division (B)(2)(a)(iii) of this section and, if
applicable, division (B)(1) or (3) of this section are
inadequate to punish the offender and protect the public from
future crime, because the applicable factors under section
2929.12 of the Revised Code indicating a greater likelihood of
recidivism outweigh the applicable factors under that section
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indicating a lesser likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant
to division (B)(2)(a)(iii) of this section and, if applicable,
division (B)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest
prison term authorized or required for the offense or, for
offenses for which division (A)(1)(a) or (2)(a) of this section
applies, the longest minimum prison term authorized or required
for the offense, and shall impose on the offender an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has
been convicted of or pleaded guilty to three or more offenses
described in division (CC)(1) of section 2929.01 of the Revised
Code, including all offenses described in that division of which
the offender is convicted or to which the offender pleads guilty
in the current prosecution and all offenses described in that
division of which the offender previously has been convicted or
to which the offender previously pleaded guilty, whether
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prosecuted together or separately.
(iii) The offense or offenses of which the offender
currently is convicted or to which the offender currently pleads
guilty is aggravated murder and the court does not impose a
sentence of death or life imprisonment without parole, murder,
terrorism and the court does not impose a sentence of life
imprisonment without parole, any felony of the first degree that
is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of
the second degree that is an offense of violence and the trier
of fact finds that the offense involved an attempt to cause or a
threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.
(c) For purposes of division (B)(2)(b) of this section,
two or more offenses committed at the same time or as part of
the same act or event shall be considered one offense, and that
one offense shall be the offense with the greatest penalty.
(d) A sentence imposed under division (B)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. The offender shall serve an additional prison term imposed
under division (B)(2)(a) or (b) of this section consecutively to
and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (B)(2)
(a) or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed
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for the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender,
if the offender commits a violation of section 2925.05 of the
Revised Code and division (E)(1) of that section classifies the
offender as a major drug offender, if the offender commits a
felony violation of section 2925.02, 2925.04, 2925.05, 2925.36,
3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61,
division (C) or (D) of section 3719.172, division (E) of section
4729.51, or division (J) of section 4729.54 of the Revised Code
that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender
finds that the offender is guilty of a specification of the type
described in division (A) of section 2941.1410 of the Revised
Code charging that the offender is a major drug offender, if the
court imposing sentence upon an offender for a felony finds that
the offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the
Revised Code that was attempted, the offender would have been
subject to a sentence of life imprisonment or life imprisonment
without parole for the violation of section 2907.02 of the
Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described
in this division that cannot be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194,
or any other provision of Chapter 2967. or 5120. of the Revised
Code. The mandatory prison term shall be the maximum definite
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prison term prescribed in division (A)(1)(b) of this section for
a felony of the first degree, except that for offenses for which
division (A)(1)(a) of this section applies, the mandatory prison
term shall be the longest minimum prison term prescribed in that
division for the offense.
(4) If the offender is being sentenced for a third or
fourth degree felony OVI offense under division (G)(2) of
section 2929.13 of the Revised Code, the sentencing court shall
impose upon the offender a mandatory prison term in accordance
with that division. In addition to the mandatory prison term, if
the offender is being sentenced for a fourth degree felony OVI
offense, the court, notwithstanding division (A)(4) of this
section, may sentence the offender to a definite prison term of
not less than six months and not more than thirty months, and if
the offender is being sentenced for a third degree felony OVI
offense, the sentencing court may sentence the offender to an
additional prison term of any duration specified in division (A)
(3) of this section. In either case, the additional prison term
imposed shall be reduced by the sixty or one hundred twenty days
imposed upon the offender as the mandatory prison term. The
total of the additional prison term imposed under division (B)
(4) of this section plus the sixty or one hundred twenty days
imposed as the mandatory prison term shall equal a definite term
in the range of six months to thirty months for a fourth degree
felony OVI offense and shall equal one of the authorized prison
terms specified in division (A)(3) of this section for a third
degree felony OVI offense. If the court imposes an additional
prison term under division (B)(4) of this section, the offender
shall serve the additional prison term after the offender has
served the mandatory prison term required for the offense. In
addition to the mandatory prison term or mandatory and
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additional prison term imposed as described in division (B)(4)
of this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of
the Revised Code, but the offender shall serve all of the prison
terms so imposed prior to serving the community control
sanction.
If the offender is being sentenced for a fourth degree
felony OVI offense under division (G)(1) of section 2929.13 of
the Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described
in division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised
Code, an investigator of the bureau of criminal identification
and investigation, as defined in section 2903.11 of the Revised
Code, or a firefighter or emergency medical worker, both as
defined in section 2941.1414 of the Revised Code, the court
shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5)
of this section, the prison term shall not be reduced pursuant
to section 2929.20, division (A)(2) or (3) of section 2967.193
or 2967.194, or any other provision of Chapter 2967. or Chapter
5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(5) of this
section for felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
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violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the
Revised Code, or three or more violations of any combination of
those offenses, the court shall impose on the offender a prison
term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A court shall not impose more than one prison term on an
offender under division (B)(6) of this section for felonies
committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to
a felony violation of section 2905.01, 2905.02, 2907.21,
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323
involving a minor, or division (B)(1), (2), (3), (4), or (5) of
section 2919.22 of the Revised Code and also is convicted of or
pleads guilty to a specification of the type described in
section 2941.1422 of the Revised Code that charges that the
offender knowingly committed the offense in furtherance of human
trafficking, the court shall impose on the offender a mandatory
prison term that is one of the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than eleven years, except that if the offense is a felony of the
first degree committed on or after March 22, 2019, the court
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As Introduced
shall impose as the minimum prison term a mandatory term of not
less than five years and not greater than eleven years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A)(2)(b) or (3) of this section, except that if the
offense is a felony of the second degree committed on or after
March 22, 2019, the court shall impose as the minimum prison
term a mandatory term of not less than three years and not
greater than eight years;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of
the Revised Code.
(b) The prison term imposed under division (B)(7)(a) of
this section shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any
other provision of Chapter 2967. of the Revised Code. A court
shall not impose more than one prison term on an offender under
division (B)(7)(a) of this section for felonies committed as
part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range prescribed in division (A)
of this section as the definite prison term or minimum prison
term for felonies of the same degree as the violation, the court
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As Introduced
shall impose on the offender a mandatory prison term that is
either a definite prison term of six months or one of the prison
terms prescribed in division (A) of this section for felonies of
the same degree as the violation, except that if the violation
is a felony of the first or second degree committed on or after
March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a
mandatory term that is one of the terms prescribed in that
division, whichever is applicable, for the offense.
(9)(a) If an offender is convicted of or pleads guilty to
a violation of division (A)(1) or (2) of section 2903.11 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1425 of the
Revised Code, the court shall impose on the offender a mandatory
prison term of six years if either of the following applies:
(i) The violation is a violation of division (A)(1) of
section 2903.11 of the Revised Code and the specification
charges that the offender used an accelerant in committing the
violation and the serious physical harm to another or to
another's unborn caused by the violation resulted in a
permanent, serious disfigurement or permanent, substantial
incapacity;
(ii) The violation is a violation of division (A)(2) of
section 2903.11 of the Revised Code and the specification
charges that the offender used an accelerant in committing the
violation, that the violation caused physical harm to another or
to another's unborn, and that the physical harm resulted in a
permanent, serious disfigurement or permanent, substantial
incapacity.
(b) If a court imposes a prison term on an offender under
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As Introduced
division (B)(9)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter
2967. or Chapter 5120. of the Revised Code. A court shall not
impose more than one prison term on an offender under division
(B)(9) of this section for felonies committed as part of the
same act.
(c) The provisions of divisions (B)(9) and (C)(6) of this
section and of division (D)(2) of section 2903.11, division (F)
(20) of section 2929.13, and section 2941.1425 of the Revised
Code shall be known as "Judy's Law."
(10) If an offender is convicted of or pleads guilty to a
violation of division (A) of section 2903.11 of the Revised Code
and also is convicted of or pleads guilty to a specification of
the type described in section 2941.1426 of the Revised Code that
charges that the victim of the offense suffered permanent
disabling harm as a result of the offense and that the victim
was under ten years of age at the time of the offense,
regardless of whether the offender knew the age of the victim,
the court shall impose upon the offender an additional definite
prison term of six years. A prison term imposed on an offender
under division (B)(10) of this section shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division
relative to a violation of division (A) of section 2903.11 of
the Revised Code, the court shall not impose any other
additional prison term on the offender relative to the same
offense.
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As Introduced
(11) If an offender is convicted of or pleads guilty to a
felony violation of section 2925.03 or 2925.05 of the Revised
Code or a felony violation of section 2925.11 of the Revised
Code for which division (C)(11) of that section applies in
determining the sentence for the violation, if the drug involved
in the violation is a fentanyl-related compound or a compound,
mixture, preparation, or substance containing a fentanyl-related
compound, and if the offender also is convicted of or pleads
guilty to a specification of the type described in division (B)
of section 2941.1410 of the Revised Code that charges that the
offender is a major drug offender, in addition to any other
penalty imposed for the violation, the court shall impose on the
offender a mandatory prison term of three, four, five, six,
seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. A court
shall not impose more than one prison term on an offender under
division (B)(11) of this section for felonies committed as part
of the same act.
(C)(1)(a) Subject to division (C)(1)(b) of this section,
if a mandatory prison term is imposed upon an offender pursuant
to division (B)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control
while committing a felony, if a mandatory prison term is imposed
upon an offender pursuant to division (B)(1)(c) of this section
for committing a felony specified in that division by
discharging a firearm from a motor vehicle, or if both types of
mandatory prison terms are imposed, the offender shall serve any
mandatory prison term imposed under either division
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As Introduced
consecutively to any other mandatory prison term imposed under
either division or under division (B)(1)(d) of this section,
consecutively to and prior to any prison term imposed for the
underlying felony pursuant to division (A), (B)(2), or (B)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (B)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed
for the underlying felony under division (A), (B)(2), or (B)(3)
of this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(1)(f) of this section, the offender
shall serve the mandatory prison term so imposed consecutively
to and prior to any prison term imposed for the underlying
felony under division (A), (B)(2), or (B)(3) of this section or
any other section of the Revised Code, and consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively
to any other mandatory prison term imposed under that division
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As Introduced
or under any other provision of law and consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(e) If a mandatory prison term is imposed upon an offender
pursuant to division (B)(11) of this section, the offender shall
serve the mandatory prison term consecutively to any other
mandatory prison term imposed under that division, consecutively
to and prior to any prison term imposed for the underlying
felony, and consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the
offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, or 2921.35 of the Revised Code or division (A)(1) or
(2) of section 2921.34 of the Revised Code, if an offender who
is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other
residential detention facility or is under detention at a
detention facility commits another felony while the offender is
an escapee in violation of division (A)(1) or (2) of section
2921.34 of the Revised Code, any prison term imposed upon the
offender for one of those violations shall be served by the
offender consecutively to the prison term or term of
imprisonment the offender was serving when the offender
committed that offense and to any other prison term previously
or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of
division (B) of section 2911.01 of the Revised Code, a violation
of division (A) of section 2913.02 of the Revised Code in which
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As Introduced
the stolen property is a firearm or dangerous ordnance, or a
felony violation of division (B) of section 2921.331 of the
Revised Code, the offender shall serve that prison term
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the
seriousness of the offender's conduct and to the danger the
offender poses to the public, and if the court also finds any of
the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing,
was under a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code, or was under post-
release control for a prior offense.
(b) At least two of the multiple offenses were committed
as part of one or more courses of conduct, and the harm caused
by two or more of the multiple offenses so committed was so
great or unusual that no single prison term for any of the
offenses committed as part of any of the courses of conduct
adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to protect
the public from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
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860 S. B. No. 188 Page 30
As Introduced
pursuant to division (B)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (B)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (B)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to
and prior to any prison term imposed for the underlying
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code pursuant to division (A) of this section or section
2929.142 of the Revised Code.
(6) If a mandatory prison term is imposed on an offender
pursuant to division (B)(9) of this section, the offender shall
serve the mandatory prison term consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.11 of the Revised Code and
consecutively to and prior to any other prison term or mandatory
prison term previously or subsequently imposed on the offender.
(7) If a mandatory prison term is imposed on an offender
pursuant to division (B)(10) of this section, the offender shall
serve that mandatory prison term consecutively to and prior to
any prison term imposed for the underlying felonious assault.
Except as otherwise provided in division (C) of this section,
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender may be served
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891 S. B. No. 188 Page 31
As Introduced
concurrently with, or consecutively to, the prison term imposed
pursuant to division (B)(10) of this section.
(8) Any prison term imposed for a violation of section
2903.04 of the Revised Code that is based on a violation of
section 2925.03 or 2925.11 of the Revised Code or on a violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking shall run consecutively to any prison term
imposed for the violation of section 2925.03 or 2925.11 of the
Revised Code or for the violation of section 2925.05 of the
Revised Code that is not funding of marihuana trafficking.
(9) When consecutive prison terms are imposed pursuant to
division (C)(1), (2), (3), (4), (5), (6), (7), or (8) or
division (H)(1) or (2) of this section, subject to division (C)
(10) of this section, the term to be served is the aggregate of
all of the terms so imposed.
(10) When a court sentences an offender to a non-life
felony indefinite prison term, any definite prison term or
mandatory definite prison term previously or subsequently
imposed on the offender in addition to that indefinite sentence
that is required to be served consecutively to that indefinite
sentence shall be served prior to the indefinite sentence.
(11) If a court is sentencing an offender for a felony of
the first or second degree, if division (A)(1)(a) or (2)(a) of
this section applies with respect to the sentencing for the
offense, and if the court is required under the Revised Code
section that sets forth the offense or any other Revised Code
provision to impose a mandatory prison term for the offense, the
court shall impose the required mandatory prison term as the
minimum term imposed under division (A)(1)(a) or (2)(a) of this
section, whichever is applicable.
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921 S. B. No. 188 Page 32
As Introduced
(D)(1) If a court imposes a prison term, other than a term
of life imprisonment, for a felony of the first degree, for a
felony of the second degree, for a felony sex offense, or for a
felony of the third degree that is an offense of violence and
that is not a felony sex offense, it shall include in the
sentence a requirement that the offender be subject to a period
of post-release control after the offender's release from
imprisonment, in accordance with section 2967.28 of the Revised
Code. If a court imposes a sentence including a prison term of a
type described in this division on or after July 11, 2006, the
failure of a court to include a post-release control requirement
in the sentence pursuant to this division does not negate,
limit, or otherwise affect the mandatory period of post-release
control that is required for the offender under division (B) of
section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed
a sentence including a prison term of a type described in this
division and failed to include in the sentence pursuant to this
division a statement regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(D)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of post-
release control after the offender's release from imprisonment,
in accordance with that division, if the parole board determines
that a period of post-release control is necessary. Section
2929.191 of the Revised Code applies if, prior to July 11, 2006,
a court imposed a sentence including a prison term of a type
described in this division and failed to include in the sentence
pursuant to this division a statement regarding post-release
control.
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952 S. B. No. 188 Page 33
As Introduced
(E) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the
offender and the service of that term of imprisonment if any of
the following apply:
(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after January 2, 2007, and either
the court does not impose a sentence of life without parole when
authorized pursuant to division (B) of section 2907.02 of the
Revised Code, or division (B) of section 2907.02 of the Revised
Code provides that the court shall not sentence the offender
pursuant to section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification
of the type described in section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a
violation of section 2905.01 of the Revised Code committed on or
after January 1, 2008, and that section requires the court to
sentence the offender pursuant to section 2971.03 of the Revised
Code.
(5) A person is convicted of or pleads guilty to
aggravated murder committed on or after January 1, 2008, and
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981 S. B. No. 188 Page 34
As Introduced
division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)
(a)(iv) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to
sentence the offender pursuant to section 2971.03 of the Revised
Code.
(F) If a person who has been convicted of or pleaded
guilty to a felony is sentenced to a prison term or term of
imprisonment under this section, sections 2929.02 to 2929.06 of
the Revised Code, section 2929.142 of the Revised Code, section
2971.03 of the Revised Code, or any other provision of law,
section 5120.163 of the Revised Code applies regarding the
person while the person is confined in a state correctional
institution.
(G) If an offender who is convicted of or pleads guilty to
a felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in
section 2941.142 of the Revised Code that charges the offender
with having committed the felony while participating in a
criminal gang, the court shall impose upon the offender an
additional prison term of one, two, or three years.
(H)(1) If an offender who is convicted of or pleads guilty
to aggravated murder, murder, or a felony of the first, second,
or third degree that is an offense of violence also is convicted
of or pleads guilty to a specification of the type described in
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1011 S. B. No. 188 Page 35
As Introduced
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to
and prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to
a felony violation of section 2907.22, 2907.24, 2907.241, or
2907.25 of the Revised Code and to a specification of the type
described in section 2941.1421 of the Revised Code and if the
court imposes a prison term on the offender for the felony
violation, the court may impose upon the offender an additional
prison term as follows:
(i) Subject to division (H)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations
of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of
the Revised Code and also was convicted of or pleaded guilty to
a specification of the type described in section 2941.1421 of
the Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six,
seven, eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (H)(2)(a) of this section, the court may directly
impose on the offender a sanction that requires the offender to
wear a real-time processing, continual tracking electronic
monitoring device during the period of time specified by the
court. The period of time specified by the court shall equal the
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1041 S. B. No. 188 Page 36
As Introduced
duration of an additional prison term that the court could have
imposed upon the offender under division (H)(2)(a) of this
section. A sanction imposed under this division shall commence
on the date specified by the court, provided that the sanction
shall not commence until after the offender has served the
prison term imposed for the felony violation of section 2907.22,
2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section
2929.16 of the Revised Code. A sanction imposed under this
division shall be considered to be a community control sanction
for purposes of section 2929.15 of the Revised Code, and all
provisions of the Revised Code that pertain to community control
sanctions shall apply to a sanction imposed under this division,
except to the extent that they would by their nature be clearly
inapplicable. The offender shall pay all costs associated with a
sanction imposed under this division, including the cost of the
use of the monitoring device.
(I) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or
5120.032 of the Revised Code, whichever is applicable, that the
offender is eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of
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1072 S. B. No. 188 Page 37
As Introduced
rehabilitation and correction shall not place the offender in
any program of shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program
prison, and if the offender is subsequently placed in the
recommended program or prison, the department shall notify the
court of the placement and shall include with the notice a brief
description of the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in
the recommended program or prison, the department shall send a
notice to the court indicating why the offender was not placed
in the recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature,
the department shall screen the offender and determine if there
is an available program of shock incarceration or an intensive
program prison for which the offender is suited. If there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited, the department shall
notify the court of the proposed placement of the offender as
specified in section 5120.031 or 5120.032 of the Revised Code
and shall include with the notice a brief description of the
placement. The court shall have ten days from receipt of the
notice to disapprove the placement.
(J) If a person is convicted of or pleads guilty to
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1102 S. B. No. 188 Page 38
As Introduced
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) or
(d) of that section applies, the person shall be sentenced
pursuant to section 2929.142 of the Revised Code.
(K)(1) The court shall impose an additional mandatory
prison term of two, three, four, five, six, seven, eight, nine,
ten, or eleven years on an offender who is convicted of or
pleads guilty to a violent felony offense if the offender also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1424 of the Revised Code that charges
that the offender is a violent career criminal and had a firearm
on or about the offender's person or under the offender's
control while committing the presently charged violent felony
offense and displayed or brandished the firearm, indicated that
the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the
prison term imposed for the underlying offense. The prison term
shall not be reduced pursuant to section 2929.20, division (A)
(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. A court
may not impose more than one sentence under division (B)(2)(a)
of this section and this division for acts committed as part of
the same act or transaction.
(2) As used in division (K)(1) of this section, "violent
career criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.
(L) If an offender receives or received a sentence of life
imprisonment without parole, a sentence of life imprisonment, a
definite sentence, or a sentence to an indefinite prison term
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1132 S. B. No. 188 Page 39
As Introduced
under this chapter for a felony offense that was committed when
the offender was under eighteen years of age, the offender's
parole eligibility shall be determined under section 2967.132 of
the Revised Code.
Section 2. That existing sections 2921.331 and 2929.14 of
the Revised Code are hereby repealed.
Section 3. Section 2929.14 of the Revised Code is
presented in this act as a composite of the section as amended
by H.B. 37, H.B. 56, H.B. 111, and S.B. 106, all of the 135th
General Assembly. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the
effective date of the section as presented in this act.
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