As Introduced
132nd General Assembly
Regular Session

H. B. No. 38

2017-2018
Representative Greenspan
Cosponsors: Representatives Anielski, Barnes, Goodman, Keller, Kick, Lipps,
Patton, Perales, Riedel, Retherford, Sprague, Thompson, Wiggam, Young

A BILL
To amend sections 2903.01, 2903.11, and 2929.14 of

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the Revised Code to provide that purposely

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causing the death of a first responder or

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military member is aggravated murder and to

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require an offender to serve the prison term

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imposed for felonious assault on a peace

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officer, investigator, first responder, or

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military member consecutively to the prison term

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imposed for any related offense.

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

Section 1. That sections 2903.01, 2903.11, and 2929.14 of
the Revised Code be amended to read as follows:

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Sec. 2903.01. (A) No person shall purposely, and with

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prior calculation and design, cause the death of another or the

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unlawful termination of another's pregnancy.

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(B) No person shall purposely cause the death of another

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or the unlawful termination of another's pregnancy while

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committing or attempting to commit, or while fleeing immediately

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As Introduced

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after committing or attempting to commit, kidnapping, rape,

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aggravated arson, arson, aggravated robbery, robbery, aggravated

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burglary, burglary, trespass in a habitation when a person is

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present or likely to be present, terrorism, or escape.

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(C) No person shall purposely cause the death of another

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who is under thirteen years of age at the time of the commission

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of the offense.

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(D) No person who is under detention as a result of having

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been found guilty of or having pleaded guilty to a felony or who

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breaks that detention shall purposely cause the death of

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another.

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(E) No person shall purposely cause the death of a law

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enforcement officer, first responder, or military member whom

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the offender knows or has reasonable cause to know is a law

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enforcement officer, first responder, or military member when

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either of the following applies:

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(1) The victim, at the time of the commission of the
offense, is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law
enforcement officer, first responder, or military member.
(F) Whoever violates this section is guilty of aggravated

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murder, and shall be punished as provided in section 2929.02 of

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the Revised Code.

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(G) As used in this section:

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(1) "Detention" has the same meaning as in section 2921.01

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of the Revised Code.
(2) "Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised Code and also includes any

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federal law enforcement officer as defined in section 2921.51 of

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the Revised Code and anyone who has previously served as a law

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enforcement officer or federal law enforcement officer.

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(3) "First responder" means an emergency medical service

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provider, a firefighter, or any other emergency response

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personnel, or anyone who has previously served as a first

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responder.

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(4) "Military member" means a member of the armed forces

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of the United States, reserves, or Ohio national guard, a

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participant in ROTC or JROTC, or anyone who has previously

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served in the military.

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Sec. 2903.11. (A) No person shall knowingly do either of
the following:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or

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to another's unborn by means of a deadly weapon or dangerous

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ordnance.

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(B) No person, with knowledge that the person has tested

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positive as a carrier of a virus that causes acquired

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immunodeficiency syndrome, shall knowingly do any of the

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following:

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(1) Engage in sexual conduct with another person without

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disclosing that knowledge to the other person prior to engaging

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in the sexual conduct;

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(2) Engage in sexual conduct with a person whom the

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offender knows or has reasonable cause to believe lacks the

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mental capacity to appreciate the significance of the knowledge

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that the offender has tested positive as a carrier of a virus

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that causes acquired immunodeficiency syndrome;

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(3) Engage in sexual conduct with a person under eighteen
years of age who is not the spouse of the offender.
(C) The prosecution of a person under this section does

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not preclude prosecution of that person under section 2907.02 of

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the Revised Code.

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(D)(1)(a) Whoever violates this section is guilty of

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felonious assault. Except as otherwise provided in this division

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or division (D)(1)(b) or (c) of this section, felonious assault

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is a felony of the second degree. If the victim of a violation

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of division (A) of this section is a peace officer or, an

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investigator of the bureau of criminal identification and

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investigation, a first responder, or a military member,

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felonious assault is a felony of the first degree.

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(b) Regardless of whether the felonious assault is a

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felony of the first or second degree under division (D)(1)(a) of

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this section, if the offender also is convicted of or pleads

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guilty to a specification as described in section 2941.1423 of

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the Revised Code that was included in the indictment, count in

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the indictment, or information charging the offense, except as

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otherwise provided in this division or unless a longer prison

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term is required under any other provision of law, the court

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shall sentence the offender to a mandatory prison term as

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provided in division (B)(8) of section 2929.14 of the Revised

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Code.

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(c) If the victim of the offense is a peace officer or ,

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an investigator of the bureau of criminal identification and

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investigation, a first responder, or a military member and if

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the victim suffered serious physical harm as a result of the

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commission of the offense offender knew or had reasonable cause

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to know the victim's profession, felonious assault is a felony

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of the first degree, and the court, pursuant to division (F) of

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section 2929.13 of the Revised Code, shall impose as a mandatory

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prison term one of the prison terms prescribed for a felony of

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the first degree. Any prison term imposed for an offense under

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this division shall be served consecutively to any prison term

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imposed for one or more offenses committed at the same time, as

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part of a common scheme or plan, or as part of a course of

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criminal conduct connected to the felonious assault.

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(2) In addition to any other sanctions imposed pursuant to

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division (D)(1) of this section for felonious assault committed

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in violation of division (A)(2) of this section, if the deadly

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weapon used in the commission of the violation is a motor

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vehicle, the court shall impose upon the offender a class two

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suspension of the offender's driver's license, commercial

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driver's license, temporary instruction permit, probationary

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license, or nonresident operating privilege as specified in

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division (A)(2) of section 4510.02 of the Revised Code.

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(E) As used in this section:

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(1) "Deadly weapon" and "dangerous ordnance" have the same

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meanings as in section 2923.11 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(3) "Peace officer" has the same meaning as in section

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2935.01 of the Revised Code and also includes any federal law

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enforcement officer as defined in section 2921.51 of the Revised

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Code and anyone who has previously served as a peace officer or

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As Introduced

federal law enforcement officer.
(4) "Sexual conduct" has the same meaning as in section

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2907.01 of the Revised Code, except that, as used in this

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section, it does not include the insertion of an instrument,

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apparatus, or other object that is not a part of the body into

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the vaginal or anal opening of another, unless the offender knew

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at the time of the insertion that the instrument, apparatus, or

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other object carried the offender's bodily fluid.

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(5) "Investigator of the bureau of criminal identification

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and investigation" means an investigator of the bureau of

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criminal identification and investigation who is commissioned by

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the superintendent of the bureau as a special agent for the

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purpose of assisting law enforcement officers or providing

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emergency assistance to peace officers pursuant to authority

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granted under section 109.541 of the Revised Code.

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(6) "Investigator" has the same meaning as in section
109.541 of the Revised Code.
(7) "First responder" has the same meaning as in section
2903.01 of the Revised Code.
(8) "Military member" has the same meaning as in section
2903.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (B)(1),

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(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E),

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(G), (H), (J), or (K) of this section or in division (D)(6) of

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section 2919.25 of the Revised Code and except in relation to an

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offense for which a sentence of death or life imprisonment is to

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be imposed, if the court imposing a sentence upon an offender

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for a felony elects or is required to impose a prison term on

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the offender pursuant to this chapter, the court shall impose a

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As Introduced

definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term

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shall be three, four, five, six, seven, eight, nine, ten, or

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eleven years.

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(2) For a felony of the second degree, the prison term

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shall be two, three, four, five, six, seven, or eight years.

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(3)(a) For a felony of the third degree that is a

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violation of section 2903.06, 2903.08, 2907.03, 2907.04,

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2907.05, or 3795.04 of the Revised Code or that is a violation

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of section 2911.02 or 2911.12 of the Revised Code if the

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offender previously has been convicted of or pleaded guilty in

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two or more separate proceedings to two or more violations of

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section 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised

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Code, the prison term shall be twelve, eighteen, twenty-four,

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thirty, thirty-six, forty-two, forty-eight, fifty-four, or sixty

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months.

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(b) For a felony of the third degree that is not an

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offense for which division (A)(3)(a) of this section applies,

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the prison term shall be nine, twelve, eighteen, twenty-four,

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thirty, or thirty-six months.

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(4) For a felony of the fourth degree, the prison term

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shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,

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fourteen, fifteen, sixteen, seventeen, or eighteen months.

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(5) For a felony of the fifth degree, the prison term

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shall be six, seven, eight, nine, ten, eleven, or twelve months.

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(B)(1)(a) Except as provided in division (B)(1)(e) of this

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section, if an offender who is convicted of or pleads guilty to

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a felony also is convicted of or pleads guilty to a

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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

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impose on the offender one of the following prison terms:

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(i) A prison term of six years if the specification is of

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the type described in division (A) of section 2941.144 of the

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Revised Code that charges the offender with having a firearm

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that is an automatic firearm or that was equipped with a firearm

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muffler or suppressor on or about the offender's person or under

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the offender's control while committing the offense;

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(ii) A prison term of three years if the specification is

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of the type described in division (A) of section 2941.145 of the

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Revised Code that charges the offender with having a firearm on

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or about the offender's person or under the offender's control

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while committing the offense and displaying the firearm,

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brandishing the firearm, indicating that the offender possessed

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the firearm, or using it to facilitate the offense;

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(iii) A prison term of one year if the specification is of

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the type described in division (A) of section 2941.141 of the

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Revised Code that charges the offender with having a firearm on

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or about the offender's person or under the offender's control

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while committing the offense;

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(iv) A prison term of nine years if the specification is

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of the type described in division (D) of section 2941.144 of the

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Revised Code that charges the offender with having a firearm

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that is an automatic firearm or that was equipped with a firearm

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muffler or suppressor on or about the offender's person or under

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the offender's control while committing the offense and

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specifies that the offender previously has been convicted of or

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pleaded guilty to a specification of the type described in

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section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of

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the Revised Code;

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As Introduced

(v) A prison term of fifty-four months if the

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specification is of the type described in division (D) of

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section 2941.145 of the Revised Code that charges the offender

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with having a firearm on or about the offender's person or under

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the offender's control while committing the offense and

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displaying the firearm, brandishing the firearm, indicating that

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the offender possessed the firearm, or using the firearm to

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facilitate the offense and that the offender previously has been

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convicted of or pleaded guilty to a specification of the type

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described in section 2941.141, 2941.144, 2941.145, 2941.146, or

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2941.1412 of the Revised Code;

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(vi) A prison term of eighteen months if the specification

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is of the type described in division (D) of section 2941.141 of

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the Revised Code that charges the offender with having a firearm

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on or about the offender's person or under the offender's

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control while committing the offense and that the offender

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previously has been convicted of or pleaded guilty to a

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specification of the type described in section 2941.141,

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2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.

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(b) If a court imposes a prison term on an offender under

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division (B)(1)(a) of this section, the prison term shall not be

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reduced pursuant to section 2967.19, section 2929.20, section

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2967.193, or any other provision of Chapter 2967. or Chapter

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5120. of the Revised Code. Except as provided in division (B)(1)

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(g) of this section, a court shall not impose more than one

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prison term on an offender under division (B)(1)(a) of this

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section for felonies committed as part of the same act or

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transaction.

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(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

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felony that includes, as an essential element, purposely or

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knowingly causing or attempting to cause the death of or

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physical harm to another, also is convicted of or pleads guilty

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to a specification of the type described in division (A) of

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section 2941.146 of the Revised Code that charges the offender

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with committing the offense by discharging a firearm from a

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motor vehicle other than a manufactured home, the court, after

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imposing a prison term on the offender for the violation of

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section 2923.161 of the Revised Code or for the other felony

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offense under division (A), (B)(2), or (B)(3) of this section,

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shall impose an additional prison term of five years upon the

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offender that shall not be reduced pursuant to section 2929.20,

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section 2967.19, section 2967.193, or any other provision of

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Chapter 2967. or Chapter 5120. of the Revised Code.

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(ii) Except as provided in division (B)(1)(e) of this

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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

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felony that includes, as an essential element, purposely or

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knowingly causing or attempting to cause the death of or

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physical harm to another, also is convicted of or pleads guilty

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to a specification of the type described in division (C) of

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section 2941.146 of the Revised Code that charges the offender

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with committing the offense by discharging a firearm from a

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motor vehicle other than a manufactured home and that the

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offender previously has been convicted of or pleaded guilty to a

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specification of the type described in section 2941.141,

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2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code,

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the court, after imposing a prison term on the offender for the

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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

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As Introduced

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section, shall impose an additional prison term of ninety months

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upon the offender that shall not be reduced pursuant to section

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2929.20, 2967.19, 2967.193, or any other provision of Chapter

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2967. or Chapter 5120. of the Revised Code.

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(iii) A court shall not impose more than one additional

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prison term on an offender under division (B)(1)(c) of this

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section for felonies committed as part of the same act or

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transaction. If a court imposes an additional prison term on an

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offender under division (B)(1)(c) of this section relative to an

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offense, the court also shall impose a prison term under

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division (B)(1)(a) of this section relative to the same offense,

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provided the criteria specified in that division for imposing an

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additional prison term are satisfied relative to the offender

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and the offense.

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(d) If an offender who is convicted of or pleads guilty to

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an offense of violence that is a felony also is convicted of or

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pleads guilty to a specification of the type described in

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section 2941.1411 of the Revised Code that charges the offender

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with wearing or carrying body armor while committing the felony

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offense of violence, the court shall impose on the offender a

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prison term of two years. The prison term so imposed, subject to

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divisions (C) to (I) of section 2967.19 of the Revised Code,

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shall not be reduced pursuant to section 2929.20, section

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2967.19, section 2967.193, or any other provision of Chapter

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2967. or Chapter 5120. of the Revised Code. A court shall not

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impose more than one prison term on an offender under division

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(B)(1)(d) of this section for felonies committed as part of the

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same act or transaction. If a court imposes an additional prison

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term under division (B)(1)(a) or (c) of this section, the court

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is not precluded from imposing an additional prison term under

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division (B)(1)(d) of this section.

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As Introduced

(e) The court shall not impose any of the prison terms

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described in division (B)(1)(a) of this section or any of the

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additional prison terms described in division (B)(1)(c) of this

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section upon an offender for a violation of section 2923.12 or

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2923.123 of the Revised Code. The court shall not impose any of

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the prison terms described in division (B)(1)(a) or (b) of this

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section upon an offender for a violation of section 2923.122

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that involves a deadly weapon that is a firearm other than a

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dangerous ordnance, section 2923.16, or section 2923.121 of the

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Revised Code. The court shall not impose any of the prison terms

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described in division (B)(1)(a) of this section or any of the

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additional prison terms described in division (B)(1)(c) of this

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section upon an offender for a violation of section 2923.13 of

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the Revised Code unless all of the following apply:

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(i) The offender previously has been convicted of

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aggravated murder, murder, or any felony of the first or second

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degree.

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(ii) Less than five years have passed since the offender

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was released from prison or post-release control, whichever is

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later, for the prior offense.

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(f)(i) If an offender is convicted of or pleads guilty to

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a felony that includes, as an essential element, causing or

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attempting to cause the death of or physical harm to another and

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also is convicted of or pleads guilty to a specification of the

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type described in division (A) of section 2941.1412 of the

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Revised Code that charges the offender with committing the

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offense by discharging a firearm at a peace officer as defined

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in section 2935.01 of the Revised Code or a corrections officer,

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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

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offense under division (A), (B)(2), or (B)(3) of this section,

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shall impose an additional prison term of seven years upon the

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offender that shall not be reduced pursuant to section 2929.20,

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section 2967.19, section 2967.193, or any other provision of

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Chapter 2967. or Chapter 5120. of the Revised Code.

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(ii) If an offender is convicted of or pleads guilty to a

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felony that includes, as an essential element, causing or

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attempting to cause the death of or physical harm to another and

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also is convicted of or pleads guilty to a specification of the

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type described in division (B) of section 2941.1412 of the

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Revised Code that charges the offender with committing the

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offense by discharging a firearm at a peace officer, as defined

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in section 2935.01 of the Revised Code, or a corrections

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officer, as defined in section 2941.1412 of the Revised Code,

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and that the offender previously has been convicted of or

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pleaded guilty to a specification of the type described in

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section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of

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the Revised Code, the court, after imposing a prison term on the

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offender for the felony offense under division (A), (B)(2), or

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(3) of this section, shall impose an additional prison term of

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one hundred twenty-six months upon the offender that shall not

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be reduced pursuant to section 2929.20, 2967.19, 2967.193, or

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any other provision of Chapter 2967. or 5120. of the Revised

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Code.

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(iii) If an offender is convicted of or pleads guilty to

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two or more felonies that include, as an essential element,

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causing or attempting to cause the death or physical harm to

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another and also is convicted of or pleads guilty to a

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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

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which the offender is convicted or to which the offender pleads

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guilty, the sentencing court shall impose on the offender the

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prison term specified under division (B)(1)(f) of this section

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for each of two of the specifications of which the offender is

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convicted or to which the offender pleads guilty and, in its

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discretion, also may impose on the offender the prison term

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specified under that division for any or all of the remaining

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specifications. If a court imposes an additional prison term on

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an offender under division (B)(1)(f) of this section relative to

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an offense, the court shall not impose a prison term under

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division (B)(1)(a) or (c) of this section relative to the same

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offense.

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(g) If an offender is convicted of or pleads guilty to two

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or more felonies, if one or more of those felonies are

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aggravated murder, murder, attempted aggravated murder,

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attempted murder, aggravated robbery, felonious assault, or

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rape, and if the offender is convicted of or pleads guilty to a

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specification of the type described under division (B)(1)(a) of

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this section in connection with two or more of the felonies, the

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sentencing court shall impose on the offender the prison term

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specified under division (B)(1)(a) of this section for each of

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the two most serious specifications of which the offender is

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convicted or to which the offender pleads guilty and, in its

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discretion, also may impose on the offender the prison term

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specified under that division for any or all of the remaining

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specifications.

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(2)(a) If division (B)(2)(b) of this section does not

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apply, the court may impose on an offender, in addition to the

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longest prison term authorized or required for the offense, an

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additional definite prison term of one, two, three, four, five,

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six, seven, eight, nine, or ten years if all of the following

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criteria are met:

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As Introduced

(i) The offender is convicted of or pleads guilty to a

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specification of the type described in section 2941.149 of the

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Revised Code that the offender is a repeat violent offender.

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(ii) The offense of which the offender currently is

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convicted or to which the offender currently pleads guilty is

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aggravated murder and the court does not impose a sentence of

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death or life imprisonment without parole, murder, terrorism and

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the court does not impose a sentence of life imprisonment

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without parole, any felony of the first degree that is an

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offense of violence and the court does not impose a sentence of

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life imprisonment without parole, or any felony of the second

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degree that is an offense of violence and the trier of fact

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finds that the offense involved an attempt to cause or a threat

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to cause serious physical harm to a person or resulted in

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serious physical harm to a person.

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(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed

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pursuant to division (B)(2)(a)(iii) of this section and, if

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applicable, division (B)(1) or (3) of this section are

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inadequate to punish the offender and protect the public from

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future crime, because the applicable factors under section

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2929.12 of the Revised Code indicating a greater likelihood of

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recidivism outweigh the applicable factors under that section

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indicating a lesser likelihood of recidivism.

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(v) The court finds that the prison terms imposed pursuant

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to division (B)(2)(a)(iii) of this section and, if applicable,

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division (B)(1) or (3) of this section are demeaning to the

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seriousness of the offense, because one or more of the factors

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under section 2929.12 of the Revised Code indicating that the

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offender's conduct is more serious than conduct normally

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constituting the offense are present, and they outweigh the

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applicable factors under that section indicating that the

436

offender's conduct is less serious than conduct normally

437

constituting the offense.

438

(b) The court shall impose on an offender the longest

439

prison term authorized or required for the offense and shall

440

impose on the offender an additional definite prison term of

441

one, two, three, four, five, six, seven, eight, nine, or ten

442

years if all of the following criteria are met:

443

(i) The offender is convicted of or pleads guilty to a

444

specification of the type described in section 2941.149 of the

445

Revised Code that the offender is a repeat violent offender.

446

(ii) The offender within the preceding twenty years has

447

been convicted of or pleaded guilty to three or more offenses

448

described in division (CC)(1) of section 2929.01 of the Revised

449

Code, including all offenses described in that division of which

450

the offender is convicted or to which the offender pleads guilty

451

in the current prosecution and all offenses described in that

452

division of which the offender previously has been convicted or

453

to which the offender previously pleaded guilty, whether

454

prosecuted together or separately.

455

(iii) The offense or offenses of which the offender

456

currently is convicted or to which the offender currently pleads

457

guilty is aggravated murder and the court does not impose a

458

sentence of death or life imprisonment without parole, murder,

459

terrorism and the court does not impose a sentence of life

460

imprisonment without parole, any felony of the first degree that

461

is an offense of violence and the court does not impose a

462

sentence of life imprisonment without parole, or any felony of

463

 H. B. No. 38
As Introduced

Page 17

the second degree that is an offense of violence and the trier

464

of fact finds that the offense involved an attempt to cause or a

465

threat to cause serious physical harm to a person or resulted in

466

serious physical harm to a person.

467

(c) For purposes of division (B)(2)(b) of this section,

468

two or more offenses committed at the same time or as part of

469

the same act or event shall be considered one offense, and that

470

one offense shall be the offense with the greatest penalty.

471

(d) A sentence imposed under division (B)(2)(a) or (b) of

472

this section shall not be reduced pursuant to section 2929.20,

473

section 2967.19, or section 2967.193, or any other provision of

474

Chapter 2967. or Chapter 5120. of the Revised Code. The offender

475

shall serve an additional prison term imposed under this section

476

consecutively to and prior to the prison term imposed for the

477

underlying offense.

478

(e) When imposing a sentence pursuant to division (B)(2)

479

(a) or (b) of this section, the court shall state its findings

480

explaining the imposed sentence.

481

(3) Except when an offender commits a violation of section

482

2903.01 or 2907.02 of the Revised Code and the penalty imposed

483

for the violation is life imprisonment or commits a violation of

484

section 2903.02 of the Revised Code, if the offender commits a

485

violation of section 2925.03 or 2925.11 of the Revised Code and

486

that section classifies the offender as a major drug offender,

487

if the offender commits a felony violation of section 2925.02,

488

2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,

489

4729.37, or 4729.61, division (C) or (D) of section 3719.172,

490

division (E) of section 4729.51, or division (J) of section

491

4729.54 of the Revised Code that includes the sale, offer to

492

sell, or possession of a schedule I or II controlled substance,

493

 H. B. No. 38
As Introduced

Page 18

with the exception of marihuana, and the court imposing sentence

494

upon the offender finds that the offender is guilty of a

495

specification of the type described in section 2941.1410 of the

496

Revised Code charging that the offender is a major drug

497

offender, if the court imposing sentence upon an offender for a

498

felony finds that the offender is guilty of corrupt activity

499

with the most serious offense in the pattern of corrupt activity

500

being a felony of the first degree, or if the offender is guilty

501

of an attempted violation of section 2907.02 of the Revised Code

502

and, had the offender completed the violation of section 2907.02

503

of the Revised Code that was attempted, the offender would have

504

been subject to a sentence of life imprisonment or life

505

imprisonment without parole for the violation of section 2907.02

506

of the Revised Code, the court shall impose upon the offender

507

for the felony violation a mandatory prison term of the maximum

508

prison term prescribed for a felony of the first degree that,

509

subject to divisions (C) to (I) of section 2967.19 of the

510

Revised Code, cannot be reduced pursuant to section 2929.20,

511

section 2967.19, or any other provision of Chapter 2967. or

512

5120. of the Revised Code.

513

(4) If the offender is being sentenced for a third or

514

fourth degree felony OVI offense under division (G)(2) of

515

section 2929.13 of the Revised Code, the sentencing court shall

516

impose upon the offender a mandatory prison term in accordance

517

with that division. In addition to the mandatory prison term, if

518

the offender is being sentenced for a fourth degree felony OVI

519

offense, the court, notwithstanding division (A)(4) of this

520

section, may sentence the offender to a definite prison term of

521

not less than six months and not more than thirty months, and if

522

the offender is being sentenced for a third degree felony OVI

523

offense, the sentencing court may sentence the offender to an

524

 H. B. No. 38
As Introduced

Page 19

additional prison term of any duration specified in division (A)

525

(3) of this section. In either case, the additional prison term

526

imposed shall be reduced by the sixty or one hundred twenty days

527

imposed upon the offender as the mandatory prison term. The

528

total of the additional prison term imposed under division (B)

529

(4) of this section plus the sixty or one hundred twenty days

530

imposed as the mandatory prison term shall equal a definite term

531

in the range of six months to thirty months for a fourth degree

532

felony OVI offense and shall equal one of the authorized prison

533

terms specified in division (A)(3) of this section for a third

534

degree felony OVI offense. If the court imposes an additional

535

prison term under division (B)(4) of this section, the offender

536

shall serve the additional prison term after the offender has

537

served the mandatory prison term required for the offense. In

538

addition to the mandatory prison term or mandatory and

539

additional prison term imposed as described in division (B)(4)

540

of this section, the court also may sentence the offender to a

541

community control sanction under section 2929.16 or 2929.17 of

542

the Revised Code, but the offender shall serve all of the prison

543

terms so imposed prior to serving the community control

544

sanction.

545

If the offender is being sentenced for a fourth degree

546

felony OVI offense under division (G)(1) of section 2929.13 of

547

the Revised Code and the court imposes a mandatory term of local

548

incarceration, the court may impose a prison term as described

549

in division (A)(1) of that section.

550

(5) If an offender is convicted of or pleads guilty to a

551

violation of division (A)(1) or (2) of section 2903.06 of the

552

Revised Code and also is convicted of or pleads guilty to a

553

specification of the type described in section 2941.1414 of the

554

Revised Code that charges that the victim of the offense is a

555

 H. B. No. 38
As Introduced

Page 20

peace officer, as defined in section 2935.01 of the Revised

556

Code, or an investigator of the bureau of criminal

557

identification and investigation, as defined in section 2903.11

558

of the Revised Code, the court shall impose on the offender a

559

prison term of five years. If a court imposes a prison term on

560

an offender under division (B)(5) of this section, the prison

561

term, subject to divisions (C) to (I) of section 2967.19 of the

562

Revised Code, shall not be reduced pursuant to section 2929.20,

563

section 2967.19, section 2967.193, or any other provision of

564

Chapter 2967. or Chapter 5120. of the Revised Code. A court

565

shall not impose more than one prison term on an offender under

566

division (B)(5) of this section for felonies committed as part

567

of the same act.

568

(6) If an offender is convicted of or pleads guilty to a

569

violation of division (A)(1) or (2) of section 2903.06 of the

570

Revised Code and also is convicted of or pleads guilty to a

571

specification of the type described in section 2941.1415 of the

572

Revised Code that charges that the offender previously has been

573

convicted of or pleaded guilty to three or more violations of

574

division (A) or (B) of section 4511.19 of the Revised Code or an

575

equivalent offense, as defined in section 2941.1415 of the

576

Revised Code, or three or more violations of any combination of

577

those divisions and offenses, the court shall impose on the

578

offender a prison term of three years. If a court imposes a

579

prison term on an offender under division (B)(6) of this

580

section, the prison term, subject to divisions (C) to (I) of

581

section 2967.19 of the Revised Code, shall not be reduced

582

pursuant to section 2929.20, section 2967.19, section 2967.193,

583

or any other provision of Chapter 2967. or Chapter 5120. of the

584

Revised Code. A court shall not impose more than one prison term

585

on an offender under division (B)(6) of this section for

586

 H. B. No. 38
As Introduced

felonies committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to

Page 21

587
588

a felony violation of section 2905.01, 2905.02, 2907.21,

589

2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323,

590

or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of

591

the Revised Code and also is convicted of or pleads guilty to a

592

specification of the type described in section 2941.1422 of the

593

Revised Code that charges that the offender knowingly committed

594

the offense in furtherance of human trafficking, the court shall

595

impose on the offender a mandatory prison term that is one of

596

the following:

597

(i) If the offense is a felony of the first degree, a

598

definite prison term of not less than five years and not greater

599

than ten years;

600

(ii) If the offense is a felony of the second or third

601

degree, a definite prison term of not less than three years and

602

not greater than the maximum prison term allowed for the offense

603

by division (A) of section 2929.14 of the Revised Code;

604

(iii) If the offense is a felony of the fourth or fifth

605

degree, a definite prison term that is the maximum prison term

606

allowed for the offense by division (A) of section 2929.14 of

607

the Revised Code.

608

(b) Subject to divisions (C) to (I) of section 2967.19 of

609

the Revised Code, the prison term imposed under division (B)(7)

610

(a) of this section shall not be reduced pursuant to section

611

2929.20, section 2967.19, section 2967.193, or any other

612

provision of Chapter 2967. of the Revised Code. A court shall

613

not impose more than one prison term on an offender under

614

division (B)(7)(a) of this section for felonies committed as

615

 H. B. No. 38
As Introduced

part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a

Page 22

616
617

felony violation of section 2903.11, 2903.12, or 2903.13 of the

618

Revised Code and also is convicted of or pleads guilty to a

619

specification of the type described in section 2941.1423 of the

620

Revised Code that charges that the victim of the violation was a

621

woman whom the offender knew was pregnant at the time of the

622

violation, notwithstanding the range of prison terms prescribed

623

in division (A) of this section for felonies of the same degree

624

as the violation, the court shall impose on the offender a

625

mandatory prison term that is either a definite prison term of

626

six months or one of the prison terms prescribed in section

627

2929.14 of the Revised Code for felonies of the same degree as

628

the violation.

629

(C)(1)(a) Subject to division (C)(1)(b) of this section,

630

if a mandatory prison term is imposed upon an offender pursuant

631

to division (B)(1)(a) of this section for having a firearm on or

632

about the offender's person or under the offender's control

633

while committing a felony, if a mandatory prison term is imposed

634

upon an offender pursuant to division (B)(1)(c) of this section

635

for committing a felony specified in that division by

636

discharging a firearm from a motor vehicle, or if both types of

637

mandatory prison terms are imposed, the offender shall serve any

638

mandatory prison term imposed under either division

639

consecutively to any other mandatory prison term imposed under

640

either division or under division (B)(1)(d) of this section,

641

consecutively to and prior to any prison term imposed for the

642

underlying felony pursuant to division (A), (B)(2), or (B)(3) of

643

this section or any other section of the Revised Code, and

644

consecutively to any other prison term or mandatory prison term

645

previously or subsequently imposed upon the offender.

646

 H. B. No. 38
As Introduced

(b) If a mandatory prison term is imposed upon an offender

Page 23

647

pursuant to division (B)(1)(d) of this section for wearing or

648

carrying body armor while committing an offense of violence that

649

is a felony, the offender shall serve the mandatory term so

650

imposed consecutively to any other mandatory prison term imposed

651

under that division or under division (B)(1)(a) or (c) of this

652

section, consecutively to and prior to any prison term imposed

653

for the underlying felony under division (A), (B)(2), or (B)(3)

654

of this section or any other section of the Revised Code, and

655

consecutively to any other prison term or mandatory prison term

656

previously or subsequently imposed upon the offender.

657

(c) If a mandatory prison term is imposed upon an offender

658

pursuant to division (B)(1)(f) of this section, the offender

659

shall serve the mandatory prison term so imposed consecutively

660

to and prior to any prison term imposed for the underlying

661

felony under division (A), (B)(2), or (B)(3) of this section or

662

any other section of the Revised Code, and consecutively to any

663

other prison term or mandatory prison term previously or

664

subsequently imposed upon the offender.

665

(d) If a mandatory prison term is imposed upon an offender

666

pursuant to division (B)(7) or (8) of this section, the offender

667

shall serve the mandatory prison term so imposed consecutively

668

to any other mandatory prison term imposed under that division

669

or under any other provision of law and consecutively to any

670

other prison term or mandatory prison term previously or

671

subsequently imposed upon the offender.

672

(2) If an offender who is an inmate in a jail, prison, or

673

other residential detention facility violates section 2917.02,

674

2917.03, or 2921.35 of the Revised Code or division (A)(1) or

675

(2) of section 2921.34 of the Revised Code, if an offender who

676

 H. B. No. 38
As Introduced

Page 24

is under detention at a detention facility commits a felony

677

violation of section 2923.131 of the Revised Code, or if an

678

offender who is an inmate in a jail, prison, or other

679

residential detention facility or is under detention at a

680

detention facility commits another felony while the offender is

681

an escapee in violation of division (A)(1) or (2) of section

682

2921.34 of the Revised Code, any prison term imposed upon the

683

offender for one of those violations shall be served by the

684

offender consecutively to the prison term or term of

685

imprisonment the offender was serving when the offender

686

committed that offense and to any other prison term previously

687

or subsequently imposed upon the offender.

688

(3) If a prison term is imposed for a violation of

689

division (B) of section 2911.01 of the Revised Code, a violation

690

of division (A) of section 2913.02 of the Revised Code in which

691

the stolen property is a firearm or dangerous ordnance, or a

692

felony violation of division (B) of section 2921.331 of the

693

Revised Code, the offender shall serve that prison term

694

consecutively to any other prison term or mandatory prison term

695

previously or subsequently imposed upon the offender.

696

(4) If multiple prison terms are imposed on an offender

697

for convictions of multiple offenses, the court may require the

698

offender to serve the prison terms consecutively if the court

699

finds that the consecutive service is necessary to protect the

700

public from future crime or to punish the offender and that

701

consecutive sentences are not disproportionate to the

702

seriousness of the offender's conduct and to the danger the

703

offender poses to the public, and if the court also finds any of

704

the following:

705

(a) The offender committed one or more of the multiple

706

 H. B. No. 38
As Introduced

Page 25

offenses while the offender was awaiting trial or sentencing,

707

was under a sanction imposed pursuant to section 2929.16,

708

2929.17, or 2929.18 of the Revised Code, or was under post-

709

release control for a prior offense.

710

(b) At least two of the multiple offenses were committed

711

as part of one or more courses of conduct, and the harm caused

712

by two or more of the multiple offenses so committed was so

713

great or unusual that no single prison term for any of the

714

offenses committed as part of any of the courses of conduct

715

adequately reflects the seriousness of the offender's conduct.

716

(c) The offender's history of criminal conduct

717

demonstrates that consecutive sentences are necessary to protect

718

the public from future crime by the offender.

719

(5) If a mandatory prison term is imposed upon an offender

720

pursuant to division (B)(5) or (6) of this section, the offender

721

shall serve the mandatory prison term consecutively to and prior

722

to any prison term imposed for the underlying violation of

723

division (A)(1) or (2) of section 2903.06 of the Revised Code

724

pursuant to division (A) of this section or section 2929.142 of

725

the Revised Code. If a mandatory prison term is imposed upon an

726

offender pursuant to division (B)(5) of this section, and if a

727

mandatory prison term also is imposed upon the offender pursuant

728

to division (B)(6) of this section in relation to the same

729

violation, the offender shall serve the mandatory prison term

730

imposed pursuant to division (B)(5) of this section

731

consecutively to and prior to the mandatory prison term imposed

732

pursuant to division (B)(6) of this section and consecutively to

733

and prior to any prison term imposed for the underlying

734

violation of division (A)(1) or (2) of section 2903.06 of the

735

Revised Code pursuant to division (A) of this section or section

736

 H. B. No. 38
As Introduced

2929.142 of the Revised Code.

Page 26

737

(6) If a prison term is imposed for felonious assault

738

under division (D)(1)(c) of section 2903.11 of the Revised Code,

739

the offender shall serve the prison term consecutively to any

740

prison term imposed for one or more offenses committed at the

741

same time, as part of a common scheme or plan, or as part of a

742

course of criminal conduct connected to the felonious assault.

743

(7) When consecutive prison terms are imposed pursuant to

744

division (C)(1), (2), (3), (4), or (5), or (6), or division (H)

745

(1) or (2) of this section, the term to be served is the

746

aggregate of all of the terms so imposed.

747

(D)(1) If a court imposes a prison term for a felony of

748

the first degree, for a felony of the second degree, for a

749

felony sex offense, or for a felony of the third degree that is

750

not a felony sex offense and in the commission of which the

751

offender caused or threatened to cause physical harm to a

752

person, it shall include in the sentence a requirement that the

753

offender be subject to a period of post-release control after

754

the offender's release from imprisonment, in accordance with

755

that division. If a court imposes a sentence including a prison

756

term of a type described in this division on or after July 11,

757

2006, the failure of a court to include a post-release control

758

requirement in the sentence pursuant to this division does not

759

negate, limit, or otherwise affect the mandatory period of post-

760

release control that is required for the offender under division

761

(B) of section 2967.28 of the Revised Code. Section 2929.191 of

762

the Revised Code applies if, prior to July 11, 2006, a court

763

imposed a sentence including a prison term of a type described

764

in this division and failed to include in the sentence pursuant

765

to this division a statement regarding post-release control.

766

 H. B. No. 38
As Introduced

(2) If a court imposes a prison term for a felony of the

Page 27

767

third, fourth, or fifth degree that is not subject to division

768

(D)(1) of this section, it shall include in the sentence a

769

requirement that the offender be subject to a period of post-

770

release control after the offender's release from imprisonment,

771

in accordance with that division, if the parole board determines

772

that a period of post-release control is necessary. Section

773

2929.191 of the Revised Code applies if, prior to July 11, 2006,

774

a court imposed a sentence including a prison term of a type

775

described in this division and failed to include in the sentence

776

pursuant to this division a statement regarding post-release

777

control.

778

(E) The court shall impose sentence upon the offender in

779

accordance with section 2971.03 of the Revised Code, and Chapter

780

2971. of the Revised Code applies regarding the prison term or

781

term of life imprisonment without parole imposed upon the

782

offender and the service of that term of imprisonment if any of

783

the following apply:

784

(1) A person is convicted of or pleads guilty to a violent

785

sex offense or a designated homicide, assault, or kidnapping

786

offense, and, in relation to that offense, the offender is

787

adjudicated a sexually violent predator.

788

(2) A person is convicted of or pleads guilty to a

789

violation of division (A)(1)(b) of section 2907.02 of the

790

Revised Code committed on or after January 2, 2007, and either

791

the court does not impose a sentence of life without parole when

792

authorized pursuant to division (B) of section 2907.02 of the

793

Revised Code, or division (B) of section 2907.02 of the Revised

794

Code provides that the court shall not sentence the offender

795

pursuant to section 2971.03 of the Revised Code.

796

 H. B. No. 38
As Introduced

Page 28

(3) A person is convicted of or pleads guilty to attempted

797

rape committed on or after January 2, 2007, and a specification

798

of the type described in section 2941.1418, 2941.1419, or

799

2941.1420 of the Revised Code.

800

(4) A person is convicted of or pleads guilty to a

801

violation of section 2905.01 of the Revised Code committed on or

802

after January 1, 2008, and that section requires the court to

803

sentence the offender pursuant to section 2971.03 of the Revised

804

Code.

805
(5) A person is convicted of or pleads guilty to

806

aggravated murder committed on or after January 1, 2008, and

807

division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),

808

(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)

809

(d) of section 2929.03, or division (A) or (B) of section

810

2929.06 of the Revised Code requires the court to sentence the

811

offender pursuant to division (B)(3) of section 2971.03 of the

812

Revised Code.

813

(6) A person is convicted of or pleads guilty to murder

814

committed on or after January 1, 2008, and division (B)(2) of

815

section 2929.02 of the Revised Code requires the court to

816

sentence the offender pursuant to section 2971.03 of the Revised

817

Code.

818
(F) If a person who has been convicted of or pleaded

819

guilty to a felony is sentenced to a prison term or term of

820

imprisonment under this section, sections 2929.02 to 2929.06 of

821

the Revised Code, section 2929.142 of the Revised Code, section

822

2971.03 of the Revised Code, or any other provision of law,

823

section 5120.163 of the Revised Code applies regarding the

824

person while the person is confined in a state correctional

825

institution.

826

 H. B. No. 38
As Introduced

Page 29

(G) If an offender who is convicted of or pleads guilty to

827

a felony that is an offense of violence also is convicted of or

828

pleads guilty to a specification of the type described in

829

section 2941.142 of the Revised Code that charges the offender

830

with having committed the felony while participating in a

831

criminal gang, the court shall impose upon the offender an

832

additional prison term of one, two, or three years.

833

(H)(1) If an offender who is convicted of or pleads guilty

834

to aggravated murder, murder, or a felony of the first, second,

835

or third degree that is an offense of violence also is convicted

836

of or pleads guilty to a specification of the type described in

837

section 2941.143 of the Revised Code that charges the offender

838

with having committed the offense in a school safety zone or

839

towards a person in a school safety zone, the court shall impose

840

upon the offender an additional prison term of two years. The

841

offender shall serve the additional two years consecutively to

842

and prior to the prison term imposed for the underlying offense.

843

(2)(a) If an offender is convicted of or pleads guilty to

844

a felony violation of section 2907.22, 2907.24, 2907.241, or

845

2907.25 of the Revised Code and to a specification of the type

846

described in section 2941.1421 of the Revised Code and if the

847

court imposes a prison term on the offender for the felony

848

violation, the court may impose upon the offender an additional

849

prison term as follows:

850

(i) Subject to division (H)(2)(a)(ii) of this section, an

851

additional prison term of one, two, three, four, five, or six

852

months;

853

(ii) If the offender previously has been convicted of or

854

pleaded guilty to one or more felony or misdemeanor violations

855

of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of

856

 H. B. No. 38
As Introduced

Page 30

the Revised Code and also was convicted of or pleaded guilty to

857

a specification of the type described in section 2941.1421 of

858

the Revised Code regarding one or more of those violations, an

859

additional prison term of one, two, three, four, five, six,

860

seven, eight, nine, ten, eleven, or twelve months.

861

(b) In lieu of imposing an additional prison term under

862

division (H)(2)(a) of this section, the court may directly

863

impose on the offender a sanction that requires the offender to

864

wear a real-time processing, continual tracking electronic

865

monitoring device during the period of time specified by the

866

court. The period of time specified by the court shall equal the

867

duration of an additional prison term that the court could have

868

imposed upon the offender under division (H)(2)(a) of this

869

section. A sanction imposed under this division shall commence

870

on the date specified by the court, provided that the sanction

871

shall not commence until after the offender has served the

872

prison term imposed for the felony violation of section 2907.22,

873

2907.24, 2907.241, or 2907.25 of the Revised Code and any

874

residential sanction imposed for the violation under section

875

2929.16 of the Revised Code. A sanction imposed under this

876

division shall be considered to be a community control sanction

877

for purposes of section 2929.15 of the Revised Code, and all

878

provisions of the Revised Code that pertain to community control

879

sanctions shall apply to a sanction imposed under this division,

880

except to the extent that they would by their nature be clearly

881

inapplicable. The offender shall pay all costs associated with a

882

sanction imposed under this division, including the cost of the

883

use of the monitoring device.

884

(I) At the time of sentencing, the court may recommend the

885

offender for placement in a program of shock incarceration under

886

section 5120.031 of the Revised Code or for placement in an

887

 H. B. No. 38
As Introduced

Page 31

intensive program prison under section 5120.032 of the Revised

888

Code, disapprove placement of the offender in a program of shock

889

incarceration or an intensive program prison of that nature, or

890

make no recommendation on placement of the offender. In no case

891

shall the department of rehabilitation and correction place the

892

offender in a program or prison of that nature unless the

893

department determines as specified in section 5120.031 or

894

5120.032 of the Revised Code, whichever is applicable, that the

895

offender is eligible for the placement.

896

If the court disapproves placement of the offender in a

897

program or prison of that nature, the department of

898

rehabilitation and correction shall not place the offender in

899

any program of shock incarceration or intensive program prison.

900

If the court recommends placement of the offender in a

901

program of shock incarceration or in an intensive program

902

prison, and if the offender is subsequently placed in the

903

recommended program or prison, the department shall notify the

904

court of the placement and shall include with the notice a brief

905

description of the placement.

906

If the court recommends placement of the offender in a

907

program of shock incarceration or in an intensive program prison

908

and the department does not subsequently place the offender in

909

the recommended program or prison, the department shall send a

910

notice to the court indicating why the offender was not placed

911

in the recommended program or prison.

912

If the court does not make a recommendation under this

913

division with respect to an offender and if the department

914

determines as specified in section 5120.031 or 5120.032 of the

915

Revised Code, whichever is applicable, that the offender is

916

eligible for placement in a program or prison of that nature,

917

 H. B. No. 38
As Introduced

Page 32

the department shall screen the offender and determine if there

918

is an available program of shock incarceration or an intensive

919

program prison for which the offender is suited. If there is an

920

available program of shock incarceration or an intensive program

921

prison for which the offender is suited, the department shall

922

notify the court of the proposed placement of the offender as

923

specified in section 5120.031 or 5120.032 of the Revised Code

924

and shall include with the notice a brief description of the

925

placement. The court shall have ten days from receipt of the

926

notice to disapprove the placement.

927

(J) If a person is convicted of or pleads guilty to

928

aggravated vehicular homicide in violation of division (A)(1) of

929

section 2903.06 of the Revised Code and division (B)(2)(c) of

930

that section applies, the person shall be sentenced pursuant to

931

section 2929.142 of the Revised Code.

932

(K)(1) The court shall impose an additional mandatory

933

prison term of two, three, four, five, six, seven, eight, nine,

934

ten, or eleven years on an offender who is convicted of or

935

pleads guilty to a violent felony offense if the offender also

936

is convicted of or pleads guilty to a specification of the type

937

described in section 2941.1424 of the Revised Code that charges

938

that the offender is a violent career criminal and had a firearm

939

on or about the offender's person or under the offender's

940

control while committing the presently charged violent felony

941

offense and displayed or brandished the firearm, indicated that

942

the offender possessed a firearm, or used the firearm to

943

facilitate the offense. The offender shall serve the prison term

944

imposed under this division consecutively to and prior to the

945

prison term imposed for the underlying offense. The prison term

946

shall not be reduced pursuant to section 2929.20 or 2967.19 or

947

any other provision of Chapter 2967. or 5120. of the Revised

948

 H. B. No. 38
As Introduced

Page 33

Code. A court may not impose more than one sentence under

949

division (B)(2)(a) of this section and this division for acts

950

committed as part of the same act or transaction.

951

(2) As used in division (K)(1) of this section, "violent

952

career criminal" and "violent felony offense" have the same

953

meanings as in section 2923.132 of the Revised Code.

954

Section 2. That existing sections 2903.01, 2903.11, and
2929.14 of the Revised Code are hereby repealed.
Section 3. Section 2929.14 of the Revised Code is

955
956
957

presented in this act as a composite of the section as amended

958

by both Sub. H.B. 470 and Sub. S.B. 319 of the 131st General

959

Assembly. The General Assembly, applying the principle stated in

960

division (B) of section 1.52 of the Revised Code that amendments

961

are to be harmonized if reasonably capable of simultaneous

962

operation, finds that the composite is the resulting version of

963

the section in effect prior to the effective date of the section

964

as presented in this act.

965