HB 338 — Enact Andy's Law

362 (7) If the victim of the offense is an officer or employee 363 of a public children services agency or a private child placing 364 agency and the offense relates to the officer's or employee's 365 performance or anticipated performance of official 366 responsibilities or duties, assault is either a felony of the 367 Sub.

338 Page 14 As ReportedPassed by the House Judiciaryof Committeea public children services agency or a private child placing 364 agency and the offense relates to the officer's or employee's 365 performance or anticipated performance of official 366 responsibilities or duties, assault is either a felony of the 367 fifth degree or, if the offender previously has been convicted 368 of or pleaded guilty to an offense of violence, the victim of 369 that prior offense was an officer or employee of a public 370 children services agency or private child placing agency, and 371 that prior offense related to the officer's or employee's 372 performance or anticipated performance of official 373 responsibilities or duties, a felony of the fourth degree.

392 (b) If the offender previously has been convicted of or 393 pleadedSub. guilty to one or more assault or homicide offenses 394 committed against hospital personnel, assault committed in the 395 specified circumstances is a felony of the fifth degree.

396 (9) If the victim of the offense is a judge, magistrate, 397 Sub.

338 Page 15 As ReportedPassed by the House Judiciarypleaded Committeeguilty prosecutor, or court official or employee whom the offender 398 knows or has reasonable cause to knowone is a judge, magistrate, 399 prosecutor, or courtmore officialassault or employee,homicide andoffenses if394 thecommitted victimagainst ishospital 400personnel, engagedassault committed in the performance395 ofspecified thecircumstances victim's duties, assault is 401a onefelony of the following:fifth degree.

396 (9) If the victim of the offense is a judge, magistrate, 397 prosecutor, or court official or employee whom the offender 398 knows or has reasonable cause to know is a judge, magistrate, 399 prosecutor, or court official or employee, and if the victim is 400 engaged in the performance of the victim's duties, assault is 401 one of the following:

422 If an offender who is convicted of or pleads guilty to 423 assault when it is a felony also is convicted of or pleads 424 guilty to a specification as described in section 2941.1423 of 425 the Revised Code that was included in the indictment, count in 426 the indictment, or information charging the offense, except as 427 Sub.

338 Page 16 As ReportedPassed by the House JudiciaryIf Committeean offender who is convicted of or pleads guilty to 423 assault when it is a felony also is convicted of or pleads 424 guilty to a specification as described in section 2941.1423 of 425 the Revised Code that was included in the indictment, count in 426 the indictment, or information charging the offense, except as 427 otherwise provided in division (C)(6) of this section, the court 428 shall sentence the offender to a mandatory prison term as 429 provided in division (B)(8) of section 2929.14 of the Revised 430 Code.

452 (E)Sub. As used in this section:

453 (1) "Peace officer" has the same meaning as in section 454 2935.01 of the Revised Code.

455 (2) "Firefighter" means any person who is a firefighter as 456 Sub.

338 Page 17 As ReportedPassed by the House Judiciary(E) CommitteeAs definedused in section 3937.41 of the Revised Code and, for purposes 457 of division (E)(21) of this section,section: also includes a member of a 458 fire department as defined in section 742.01 of the Revised 459 Code.

453 (1) "Peace officer" has the same meaning as in section 454 2935.01 of the Revised Code.

455 (2) "Firefighter" means any person who is a firefighter as 456 defined in section 3937.41 of the Revised Code and, for purposes 457 of division (E)(21) of this section, also includes a member of a 458 fire department as defined in section 742.01 of the Revised 459 Code.

478 (a) A person who is employed in the public schools of the 479 state under a contract described in section 3311.77 or 3319.08 480 of the Revised Code in a position in which the person is 481 requiredSub. to have a certificate issued pursuant to sections 482 3319.22 to 3319.311 of the Revised Code.

483 (b) A person who is employed by a nonpublic school for 484 which the director of education and workforce prescribes minimum 485 Sub.

338 Page 18 As ReportedPassed by the House Judiciaryrequired Committeeto standardshave undera sectioncertificate 3301.07issued ofpursuant theto Revisedsections Code482 and3319.22 whoto is3319.311 486 certificated in accordance with section 3301.071 of the Revised 487 Code.

483 (b) A person who is employed by a nonpublic school for 484 which the director of education and workforce prescribes minimum 485 standards under section 3301.07 of the Revised Code and who is 486 certificated in accordance with section 3301.071 of the Revised 487 Code.

508 (b) The offender knew or had reasonable cause to know that 509 theSub. victim was a health care professional of a hospital, a 510 health care worker of a hospital, or a security officer of a 511 hospital.

512 (c) The victim was engaged in the performance of the 513 Sub.

338 Page 19 As ReportedPassed by the House Judiciarythe Committeevictim victim'swas duties.a health care professional of a hospital, a 510 health care worker of a hospital, or a security officer of a 511 hospital.

512 (c) The victim was engaged in the performance of the 513 victim's duties.

538 (17) "Magistrate" means an individual who is appointed by 539 a court of record of this state and who has the powers and may 540 perform the functions specified in Civil Rule 53, Criminal Rule 541 19, or Juvenile Rule 40, or an individual who is appointed by a 542 Sub.

338 Page 20 As ReportedPassed by the House Judiciary(17) Committee"Magistrate" means an individual who is appointed by 539 a court of record of this state and who has the powers and may 540 perform the functions specified in Civil Rule 53, Criminal Rule 541 19, or Juvenile Rule 40, or an individual who is appointed by a 542 United States court located in this state who has similar powers 543 and functions.

1, as amended, and providing twenty-four-hour nursing 567 careSub. pursuant to the exemption in division (E) of section 568 4723.32 of the Revised Code from the licensing requirements of 569 Chapter 4723.

of the Revised Code.

570 (20) "Health maintenance organization" has the same 571 Sub.

338 Page 21 As ReportedPassed by the House Judiciarycare Committeepursuant meaningto asthe exemption in division (E) of section 3727.01568 4723.32 of the Revised Code.Code from the licensing requirements of 569 Chapter 4723.

of the Revised Code.

570 (20) "Health maintenance organization" has the same 571 meaning as in section 3727.01 of the Revised Code.

594 (b) The natural parent of any child of whom a person who 595 isSub. employed as an emergency service responder is the other 596 natural parent or is the putative other natural parent.

597 (23) "First responder," "emergency medical technician- 598 basic," "emergency medical technician-intermediate," and 599 Sub.

338 Page 22 As ReportedPassed by the House Judiciaryis Committeeemployed "emergencyas medicalan technician-paramedic"emergency haveservice theresponder sameis meaningsthe 600other as596 innatural sectionparent 4765.01or ofis the Revisedputative Code.other natural parent.

597 (23) "First responder," "emergency medical technician- 598 basic," "emergency medical technician-intermediate," and 599 "emergency medical technician-paramedic" have the same meanings 600 as in section 4765.01 of the Revised Code.

622 (1) Any deadly weapon or dangerous ordnance, as defined in 623 section 2923.11 of the Revised Code, or any part of or 624 ammunitionSub. for use in such a deadly weapon or dangerous 625 ordnance;

626 (2) Any drug of abuse, as defined in section 3719.011 of 627 the Revised Code;

628 Sub.

338 Page 23 As ReportedPassed by the House Judiciaryammunition Committee (3) Any intoxicating liquor, as defined in section 4301.01 629 of the Revised Code, except for smalluse amounts of wine for 630 sacramental purposes when the person engaging in thesuch specified 631 conduct is a cleric,deadly asweapon definedor indangerous section625 2317.02ordnance; of the 632 Revised Code.

626 (2) Any drug of abuse, as defined in section 3719.011 of 627 the Revised Code;

628 (3) Any intoxicating liquor, as defined in section 4301.01 629 of the Revised Code, except for small amounts of wine for 630 sacramental purposes when the person engaging in the specified 631 conduct is a cleric, as defined in section 2317.02 of the 632 Revised Code.

654 (D) No person shall knowingly deliver, or attempt to 655 deliver, cash to any person who is confined in a detention 656 facility, to a child confined in a youth services facility, or 657 to a prisoner who is temporarily released from confinement for a 658 Sub.

338 Page 24 As ReportedPassed by the House Judiciary(D) CommitteeNo person shall knowingly deliver, or attempt to 655 deliver, cash to any person who is confined in a detention 656 facility, to a child confined in a youth services facility, or 657 to a prisoner who is temporarily released from confinement for a 658 work assignment.

681 (b) The actor was given written authorization by the 682 person in charge of the detention facility or the institution, 683 officeSub. building, or other place to deliver the item to the 684 confined person or the patient.

685 (G)(1) Whoever violates division (A)(1) of this section or 686 commits a violation of division (C) of this section involving an 687 Sub.

338 Page 25 As ReportedPassed by the House Judiciaryoffice Committeebuilding, itemor listedother inplace divisionto (A)(1)deliver ofthe thisitem sectionto is guilty of 688 illegal conveyance of weapons onto the grounds684 ofconfined aperson specifiedor 689 governmental facility, a felony of the thirdpatient. degree.

685 (G)(1) Whoever violates division (A)(1) of this section or 686 commits a violation of division (C) of this section involving an 687 item listed in division (A)(1) of this section is guilty of 688 illegal conveyance of weapons onto the grounds of a specified 689 governmental facility, a felony of the third degree.

712 (3) Whoever violates division (A)(3) of this section or 713 commitsSub. a violation of division (C) of this section involving 714 any intoxicating liquor is guilty of illegal conveyance of 715 intoxicating liquor onto the grounds of a specified governmental 716 facility, a misdemeanor of the second degree.

717 Sub.

338 Page 26 As ReportedPassed by the House Judiciarycommits Committeea (4)violation Whoeverof violates division (D)(C) of this section isinvolving 718714 any intoxicating liquor is guilty of illegal conveyance of cash715 intoxicating liquor onto the grounds of a 719specified detentiongovernmental 716 facility, a misdemeanor of the firstsecond degree.

717 (4) Whoever violates division (D) of this section is 718 guilty of illegal conveyance of cash onto the grounds of a 719 detention facility, a misdemeanor of the first degree.

743 Sec.Sub.

2921.38.

(A) No person who is confined in a detention 744 facility, with intent to harass, annoy, threaten, or alarm 745 another person, shall cause or attempt to cause the other person 746 to come into contact with blood, semen, urine, feces, or another 747 Sub.

338 Page 27 As ReportedPassed by the House JudiciarySec. Committee bodily substance by throwing the bodily substance at the other 748 person, by expelling the bodily substance upon the other person, 749 or in any other manner.

2921.38.

(A) No person who is confined in a detention 744 facility, with intent to harass, annoy, threaten, or alarm 745 another person, shall cause or attempt to cause the other person 746 to come into contact with blood, semen, urine, feces, or another 747 bodily substance by throwing the bodily substance at the other 748 person, by expelling the bodily substance upon the other person, 749 or in any other manner.

A violation of division 772 (C) of this section is a felony of the third degree and, 773 notwithstandingSub. section 2929.14 of the Revised Code, the court 774 shall impose a mandatory prison term on the offender of at least 775 three years but no more than six years.

776 (E)(1) The court, on request of the prosecutor, or the law 777 Sub.

338 Page 28 As ReportedPassed by the House Judiciarynotwithstanding Committeesection enforcement2929.14 authorityof responsible for the investigationRevised ofCode, the 778court violation,774 shall causeimpose a personmandatory whoprison allegedlyterm hason committedthe aoffender 779 violation of thisat sectionleast to775 submitthree toyears onebut orno more appropriatethan 780six testsyears. to determine if the person is a carrier of the virus that 781 causes acquired immunodeficiency syndrome, is a carrier of a 782 hepatitis virus, or is infected with tuberculosis.

776 (E)(1) The court, on request of the prosecutor, or the law 777 enforcement authority responsible for the investigation of the 778 violation, shall cause a person who allegedly has committed a 779 violation of this section to submit to one or more appropriate 780 tests to determine if the person is a carrier of the virus that 781 causes acquired immunodeficiency syndrome, is a carrier of a 782 hepatitis virus, or is infected with tuberculosis.

801 (1) Except as provided in division (A)(2) or (H) of this 802 section,Sub. the trial court shall impose one of the following 803 sentences on the offender:

804 (a) Life imprisonment without parole;

805 (b) Subject to division divisions (A)(1)(e) and (f) of 806 Sub.

338 Page 29 As ReportedPassed by the House Judiciarysection, Committeethe thistrial section,court lifeshall imprisonmentimpose withone paroleof eligibilitythe afterfollowing 807803 servingsentences twentyon yearsthe ofoffender: imprisonment;

804 (a) Life imprisonment without parole;

805 (b) Subject to division divisions (A)(1)(e) and (f) of 806 this section, life imprisonment with parole eligibility after 807 serving twenty years of imprisonment;

826 (f) If the victim of aggravated murder was a visitor, 827 volunteer, or person on the grounds of a state correctional 828 institution or local correctional facility, an employee of the 829 department of rehabilitation and correction or a probation 830 department, or a contractor providing services to the department 831 ofSub. rehabilitation and correction, the trial court shall impose a 832 sentence of life imprisonment without parole on the offender and 833 the offender shall serve the sentence at a high security prison 834 for at least ten years.

835 Sub.

338 Page 30 As ReportedPassed by the House Judiciaryof Committeerehabilitation (2)and Ifcorrection, the offendertrial alsocourt isshall convictedimpose of or pleads guilty 836 to a sexual832 motivationsentence specificationof andlife aimprisonment sexuallywithout violentparole 837on predator specification that are included in the indictment,offender 838and count833 in the indictment,offender or information that charged the 839 aggravated murder, except as provided in division (H) of this 840 section, the trial court shall imposeserve upon the offender a 841 sentence ofat lifea imprisonmenthigh withoutsecurity paroleprison that834 shallfor beat 842least servedten pursuantyears. to section 2971.03 of the Revised Code.

835 (2) If the offender also is convicted of or pleads guilty 836 to a sexual motivation specification and a sexually violent 837 predator specification that are included in the indictment, 838 count in the indictment, or information that charged the 839 aggravated murder, except as provided in division (H) of this 840 section, the trial court shall impose upon the offender a 841 sentence of life imprisonment without parole that shall be 842 served pursuant to section 2971.03 of the Revised Code.

860 (C)(1) If the indictment or count in the indictment 861 charging aggravated murder contains one or more specifications 862 of aggravating circumstances listed in division (A) of section 863 2929.04 of the Revised Code, then, following a verdict of guilty 864 of the charge but not guilty of each of the specifications, and 865 regardless of whether the offender raised the matter of age 866 Sub.

338 Page 31 As ReportedPassed by the House Judiciarycharging Committeeaggravated murder contains one or more specifications 862 of aggravating circumstances listed in division (A) of section 863 2929.04 of the Revised Code, then, following a verdict of guilty 864 of the charge but not guilty of each of the specifications, and 865 regardless of whether the offender raised the matter of age 866 pursuant to section 2929.023 of the Revised Code or the matter 867 of serious mental illness at the time of the commission of the 868 offense pursuant to section 2929.025 of the Revised Code, the 869 trial court shall impose sentence on the offender as follows:

883 (v) If the victim of the aggravated murder was less than 884 thirteen years of age, the offender also is convicted of or 885 pleads guilty to a sexual motivation specification that was 886 included in the indictment, count in the indictment, or 887 information charging the offense, and the trial court does not 888 impose a sentence of life imprisonment without parole on the 889 offender pursuant to division (C)(1)(a)(i) of this section, the 890 trialSub. court shall sentence the offender pursuant to division (B) 891 (3) of section 2971.03 of the Revised Code to an indefinite term 892 consisting of a minimum term of thirty years and a maximum term 893 of life imprisonment.

894 (b) If the offender also is convicted of or pleads guilty 895 Sub.

338 Page 32 As ReportedPassed by the House Judiciarytrial Committeecourt toshall asentence sexualthe motivationoffender specificationpursuant andto adivision sexually(B) violent891 896(3) predatorof specificationsection that2971.03 areof included in the indictment,Revised 897Code countto inan theindefinite indictment,term or892 informationconsisting that charged the 898 aggravated murder, except as provided in division (H) of this 899 section, the trial court shall impose upon the offender a 900minimum sentenceterm of lifethirty imprisonmentyears withoutand parolea thatmaximum shallterm be893 901 served pursuant to section 2971.03 of thelife Revisedimprisonment. Code.

894 (b) If the offender also is convicted of or pleads guilty 895 to a sexual motivation specification and a sexually violent 896 predator specification that are included in the indictment, 897 count in the indictment, or information that charged the 898 aggravated murder, except as provided in division (H) of this 899 section, the trial court shall impose upon the offender a 900 sentence of life imprisonment without parole that shall be 901 served pursuant to section 2971.03 of the Revised Code.

915 (ii) Except as provided in division (C)(2)(a)(iii) or (H) 916 of this section, if the victim of the aggravated murder was less 917 than thirteen years of age, the offender also is convicted of or 918 pleads guilty to a sexual motivation specification that was 919 included in the indictment, count in the indictment, or 920 information charging the offense, and the trial court does not 921 impose a sentence of death or life imprisonment without parole 922 on the offender pursuant to division (C)(2)(a)(i) of this 923 section, the penalty to be imposed on the offender shall be an 924 indefinite term consisting of a minimum term of thirty years and 925 Sub.

338 Page 33 As ReportedPassed by the House Judiciaryinformation Committeecharging the offense, and the trial court does not 921 impose a sentence of death or life imprisonment without parole 922 on the offender pursuant to division (C)(2)(a)(i) of this 923 section, the penalty to be imposed on the offender shall be an 924 indefinite term consisting of a minimum term of thirty years and 925 a maximum term of life imprisonment that shall be imposed 926 pursuant to division (B)(3) of section 2971.03 of the Revised 927 Code and served pursuant to that section.

944 (D)(1) Death may not be imposed as a penalty for 945 aggravated murder if the offender raised the matter of age at 946 trial pursuant to section 2929.023 of the Revised Code and was 947 not found at trial to have been eighteen years of age or older 948 at the time of the commission of the offense or raised the 949 matterSub. of the offender's serious mental illness at the time of 950 the commission of the offense pursuant to section 2929.025 of 951 the Revised Code and was found under that section to be 952 ineligible for a sentence of death due to serious mental 953 illness.

When death may be imposed as a penalty for aggravated 954 Sub.

338 Page 34 As ReportedPassed by the House Judiciarymatter Committeeof murder,the offender's serious mental illness at the courttime shallof proceed950 the commission of the offense pursuant to section 2929.025 of 951 the Revised Code and was found under thisthat division.section to be 952 ineligible for a sentence of death due to serious mental 953 illness.

When death may be imposed as a penalty for aggravated 954 murder, the court shall proceed under this division.

971 The court, and the trial jury if the offender was tried by a 972 jury, shall consider any report prepared pursuant to this 973 division and furnished to it and any evidence raised at trial 974 that is relevant to the aggravating circumstances the offender 975 was found guilty of committing or to any factors in mitigation 976 of the imposition of the sentence of death, shall hear testimony 977 and other evidence that is relevant to the nature and 978 circumstances of the aggravating circumstances the offender was 979 found guilty of committing, the mitigating factors set forth in 980 division (B) of section 2929.04 of the Revised Code, and any 981 otherSub. factors in mitigation of the imposition of the sentence of 982 death, and shall hear the statement, if any, of the offender, 983 and the arguments, if any, of counsel for the defense and 984 prosecution, that are relevant to the penalty that should be 985 imposed on the offender.

The defendant shall be given great 986 Sub.

338 Page 35 As ReportedPassed by the House Judiciaryother Committeefactors latitude in themitigation presentation of evidencethe imposition of the mitigatingsentence 987of factors982 setdeath, forthand inshall divisionhear (B)the ofstatement, sectionif 2929.04any, of the 988offender, Revised983 Code and ofthe anyarguments, otherif factorsany, inof mitigationcounsel offor the 989defense impositionand of984 prosecution, that are relevant to the sentencepenalty ofthat death.should be 985 imposed on the offender.

The defendant shall be given great 986 latitude in the presentation of evidence of the mitigating 987 factors set forth in division (B) of section 2929.04 of the 988 Revised Code and of any other factors in mitigation of the 989 imposition of the sentence of death.

If the trial jury unanimously finds, by 1008 proof beyond a reasonable doubt, that the aggravating 1009 circumstances the offender was found guilty of committing 1010 outweigh the mitigating factors, the trial jury shall recommend 1011 to the court that the sentence of death be imposed on the 1012 offender.Sub.

Absent such a finding, the jury shall recommend that 1013 the offender be sentenced to one of the following:

1014 (a) Except as provided in division (D)(2)(b), (D)(2)(c) or 1015 (H) of this section, to life imprisonment without parole, life 1016 Sub.

338 Page 36 As ReportedPassed by the House Judiciaryoffender. Committee imprisonment with parole eligibility after serving twenty-five 1017 full years of imprisonment, or life imprisonment with parole 1018 eligibility after serving thirty full years of imprisonment;

Absent such a finding, the jury shall recommend that 1013 the offender be sentenced to one of the following:

1014 (a) Except as provided in division (D)(2)(b), (D)(2)(c) or 1015 (H) of this section, to life imprisonment without parole, life 1016 imprisonment with parole eligibility after serving twenty-five 1017 full years of imprisonment, or life imprisonment with parole 1018 eligibility after serving thirty full years of imprisonment;

1037 If the trial jury recommends that the offender be 1038 sentenced to life imprisonment without parole, life imprisonment 1039 with parole eligibility after serving twenty-five full years of 1040 imprisonment, life imprisonment with parole eligibility after 1041 serving thirty full years of imprisonment, or an indefinite term 1042 consisting of a minimum term of thirty years and a maximum term 1043 of life imprisonment to be imposed pursuant to division (B)(3) 1044 of section 2971.03 of the Revised Code, except as provided in 1045 division (H) of this section, the court shall impose the 1046 Sub.

338 Page 37 As ReportedPassed by the House Judiciaryconsisting Committeeof a minimum term of thirty years and a maximum term 1043 of life imprisonment to be imposed pursuant to division (B)(3) 1044 of section 2971.03 of the Revised Code, except as provided in 1045 division (H) of this section, the court shall impose the 1046 sentence recommended by the jury upon the offender.

1072 (i)Sub. Life imprisonment without parole;

1073 (ii) Subject to division (D)(3)(a)(iv) of this section, 1074 life imprisonment with parole eligibility after serving twenty- 1075 five full years of imprisonment;

1076 Sub.

338 Page 38 As ReportedPassed by the House Judiciary(i) CommitteeLife (iii) Subject to division (D)(3)(a)(iv) of this section, 1077 life imprisonment withwithout paroleparole; eligibility after serving thirty 1078 full years of imprisonment;

1073 (ii) Subject to division (D)(3)(a)(iv) of this section, 1074 life imprisonment with parole eligibility after serving twenty- 1075 five full years of imprisonment;

1076 (iii) Subject to division (D)(3)(a)(iv) of this section, 1077 life imprisonment with parole eligibility after serving thirty 1078 full years of imprisonment;

1097 (E)(1) If the offender raised the matter of age at trial 1098 pursuant to section 2929.023 of the Revised Code, was convicted 1099 of aggravated murder and one or more specifications of an 1100 aggravating circumstance listed in division (A) of section 1101 2929.04Sub. of the Revised Code, and was not found at trial to have 1102 been eighteen years of age or older at the time of the 1103 commission of the offense, the court or the panel of three 1104 judges shall not impose a sentence of death on the offender.

1105 Instead, the court or panel shall impose one of the following 1106 Sub.

338 Page 39 As ReportedPassed by the House Judiciary2929.04 Committeeof sentencesthe Revised Code, and was not found at trial to have 1102 been eighteen years of age or older at the time of the 1103 commission of the offense, the court or the panel of three 1104 judges shall not impose a sentence of death on the offender:offender.

1105 Instead, the court or panel shall impose one of the following 1106 sentences on the offender:

1127 (b) If the offender also is convicted of or pleads guilty 1128 to a sexual motivation specification and a sexually violent 1129 predator specification that are included in the indictment, 1130 countSub. in the indictment, or information that charged the 1131 aggravated murder, except as provided in division (H) of this 1132 section, life imprisonment without parole that shall be served 1133 pursuant to section 2971.03 of the Revised Code.

1134 (2) If the offender raised the matter of the offender's 1135 Sub.

338 Page 40 As ReportedPassed by the House Judiciarycount Committeein seriousthe mentalindictment, illnessor atinformation thethat timecharged of the commission1131 ofaggravated themurder, 1136except offenseas pursuantprovided toin sectiondivision 2929.025(H) of thethis Revised1132 Code,section, waslife 1137imprisonment foundwithout underparole that sectionshall to be ineligibleserved for1133 apursuant sentence of 1138 death due to serious mental illness, and was convicted of 1139 aggravated murder and one or more specifications of an 1140 aggravating circumstance listed in division (A) of section 11412971.03 2929.04 of the Revised Code,Code. the court or panel of three judges 1142 shall not impose a sentence of death on the offender.

1134 (2) If the offender raised the matter of the offender's 1135 serious mental illness at the time of the commission of the 1136 offense pursuant to section 2929.025 of the Revised Code, was 1137 found under that section to be ineligible for a sentence of 1138 death due to serious mental illness, and was convicted of 1139 aggravated murder and one or more specifications of an 1140 aggravating circumstance listed in division (A) of section 1141 2929.04 of the Revised Code, the court or panel of three judges 1142 shall not impose a sentence of death on the offender.

The court or panel, when it 1154 imposes life imprisonment or an indefinite term consisting of a 1155 minimum term of thirty years and a maximum term of life 1156 imprisonment under division (D) of this section, shall state in 1157 a separate opinion its specific findings of which of the 1158 mitigating factors set forth in division (B) of section 2929.04 1159 of the Revised Code it found to exist, what other mitigating 1160 factors it found to exist, what aggravating circumstances the 1161 offenderSub. was found guilty of committing, and why it could not 1162 find that these aggravating circumstances were sufficient to 1163 outweigh the mitigating factors.

For cases in which a sentence 1164 of death is imposed for an offense committed before January 1, 1165 1995, the court or panel shall file the opinion required to be 1166 Sub.

338 Page 41 As ReportedPassed by the House Judiciaryoffender Committeewas preparedfound byguilty this division with the clerk of thecommitting, appropriateand 1167why courtit ofcould appealsnot and1162 withfind thethat clerkthese ofaggravating thecircumstances supremewere courtsufficient withinto 11681163 fifteenoutweigh days after the courtmitigating orfactors. panel imposes sentence.

For cases in which a sentence 1164 of death is imposed for an offense committed before January 1, 1165 1995, the court or panel shall file the opinion required to be 1166 prepared by this division with the clerk of the appropriate 1167 court of appeals and with the clerk of the supreme court within 1168 fifteen days after the court or panel imposes sentence.

1188 (H) A court shall not impose a sentence of life 1189 imprisonment without parole on a person under division (A)(1) or 1190 (2), (C)(1) or (2), (D)(2) or (3), or (E)(1) or (2) of this 1191 sectionSub. for an offense that was committed when the person was 1192 under eighteen years of age.

1193 Sec.

2929.14.

(A) Except as provided in division (B)(1), 1194 (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9), 1195 (B)(10), (B)(11), (B)(12), (E), (G), (H), (J), or (K) of this 1196 Sub.

338 Page 42 As ReportedPassed by the House Judiciary Committee section orfor in division (D)(6) of section 2919.25 of the Revised 1197 Code and except in relation to an offense forthat whichwas acommitted sentencewhen 1198 of death or life imprisonment is to be imposed, if the courtperson 1199was imposing1192 aunder sentenceeighteen uponyears an offender for a felony elects or is 1200 required to impose a prison term on the offender pursuant to 1201 this chapter, the court shall impose a prison term that shall be 1202 one of theage. following:

1193 Sec.

2929.14.

(A) Except as provided in division (B)(1), 1194 (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9), 1195 (B)(10), (B)(11), (B)(12), (E), (G), (H), (J), or (K) of this 1196 section or in division (D)(6) of section 2919.25 of the Revised 1197 Code and except in relation to an offense for which a sentence 1198 of death or life imprisonment is to be imposed, if the court 1199 imposing a sentence upon an offender for a felony elects or is 1200 required to impose a prison term on the offender pursuant to 1201 this chapter, the court shall impose a prison term that shall be 1202 one of the following:

1220 (2)(a) For a felony of the second degree committed on or 1221 after March 22, 2019, the prison term shall be an indefinite 1222 prison term with a stated minimum term selected by the court of 1223 two, three, four, five, six, seven, or eight years and a maximum 1224 term that is determined pursuant to section 2929.144 of the 1225 Revised Code, except that if the section that criminalizes the 1226 Sub.

338 Page 43 As ReportedPassed by the House Judiciaryafter CommitteeMarch 22, 2019, the prison term shall be an indefinite 1222 prison term with a stated minimum term selected by the court of 1223 two, three, four, five, six, seven, or eight years and a maximum 1224 term that is determined pursuant to section 2929.144 of the 1225 Revised Code, except that if the section that criminalizes the 1226 conduct constituting the felony specifies a different minimum 1227 term or penalty for the offense, the specific language of that 1228 section shall control in determining the minimum term or 1229 otherwise sentencing the offender but the minimum term or 1230 sentence imposed under that specific language shall be 1231 considered for purposes of the Revised Code as if it had been 1232 imposed under this division.

1236 (3)(a) For a felony of the third degree that is a 1237 violation of section 2903.06, 2903.08, 2907.03, 2907.04, 1238 2907.05, 2907.321, 2907.322, 2907.323, 2919.25, or 3795.04 of 1239 the Revised Code, that is a violation of division (A) of section 1240 4511.19 of the Revised Code if the offender previously has been 1241 convicted of or pleaded guilty to a violation of division (A) of 1242 that section that was a felony, that is a violation of section 1243 2911.02 or 2911.12 of the Revised Code if the offender 1244 previously has been convicted of or pleaded guilty in two or 1245 more separate proceedings to two or more violations of section 1246 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, that 1247 is a violation of division (C)(3) of section 2903.13 of the 1248 Revised Code, or that is a violation of division (B) of section 1249 2921.331 of the Revised Code if division (C)(5) of that section 1250 applies, the prison term shall be a definite term of twelve, 1251 eighteen, twenty-four, thirty, thirty-six, forty-two, forty- 1252 eight,Sub. fifty-four, or sixty months.

1253 (b) For a felony of the third degree that is not an 1254 offense for which division (A)(3)(a) of this section applies, 1255 the prison term shall be a definite term of nine, twelve, 1256 Sub.

338 Page 44 As ReportedPassed by the House Judiciaryeight, Committeefifty-four, eighteen, twenty-four, thirty, or thirty-sixsixty months.

1253 (b) For a felony of the third degree that is not an 1254 offense for which division (A)(3)(a) of this section applies, 1255 the prison term shall be a definite term of nine, twelve, 1256 eighteen, twenty-four, thirty, or thirty-six months.

1276 (ii) A prison term of three years if the specification is 1277 of the type described in division (A) of section 2941.145 of the 1278 Revised Code that charges the offender with having a firearm on 1279 or about the offender's person or under the offender's control 1280 while committing the offense and displaying the firearm, 1281 brandishingSub. the firearm, indicating that the offender possessed 1282 the firearm, or using it to facilitate the offense;

1283 (iii) A prison term of one year if the specification is of 1284 the type described in division (A) of section 2941.141 of the 1285 Sub.

338 Page 45 As ReportedPassed by the House Judiciarybrandishing Committeethe Revisedfirearm, Codeindicating that charges the offender withpossessed having1282 a firearm on 1286 or about the offender'sfirearm, person or underusing theit offender'sto controlfacilitate 1287 while committing the offense;

1283 (iii) A prison term of one year if the specification is of 1284 the type described in division (A) of section 2941.141 of the 1285 Revised Code that charges the offender with having a firearm on 1286 or about the offender's person or under the offender's control 1287 while committing the offense;

1309 (vi) A prison term of eighteen months if the specification 1310 is of the type described in division (D) of section 2941.141 of 1311 the Revised Code that charges the offender with having a firearm 1312 on or about the offender's person or under the offender's 1313 control while committing the offense and that the offender 1314 previously has been convicted of or pleaded guilty to a 1315 Sub.

338 Page 46 As ReportedPassed by the House Judiciarythe CommitteeRevised Code that charges the offender with having a firearm 1312 on or about the offender's person or under the offender's 1313 control while committing the offense and that the offender 1314 previously has been convicted of or pleaded guilty to a 1315 specification of the type described in section 2941.141, 1316 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.

1326 (c)(i) Except as provided in division (B)(1)(e) of this 1327 section, if an offender who is convicted of or pleads guilty to 1328 a violation of section 2923.161 of the Revised Code or to a 1329 felony that includes, as an essential element, purposely or 1330 knowingly causing or attempting to cause the death of or 1331 physical harm to another, also is convicted of or pleads guilty 1332 to a specification of the type described in division (A) of 1333 section 2941.146 of the Revised Code that charges the offender 1334 with committing the offense by discharging a firearm from a 1335 motor vehicle other than a manufactured home, the court, after 1336 imposing a prison term on the offender for the violation of 1337 section 2923.161 of the Revised Code or for the other felony 1338 offense under division (A), (B)(2), or (B)(3) of this section, 1339 shall impose an additional prison term of five years upon the 1340 offender that shall not be reduced pursuant to section 2929.20, 1341 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 1342 otherSub. provision of Chapter 2967.

or Chapter 5120.

of the Revised 1343 Code.

1344 (ii) Except as provided in division (B)(1)(e) of this 1345 Sub.

338 Page 47 As ReportedPassed by the House Judiciary Committee section, if an offender who is convicted of or pleads guilty to 1346 a violation of section 2923.161 of the Revised Code or to a 1347 felony that includes, as an essential element, purposely or 1348 knowingly causing or attempting to cause the death of or 1349 physical harm to another, also is convicted of or pleads guilty 1350 to a specification of the type described in division (C) of 1351 section 2941.146 of the Revised Code that charges the offender 1352 with committing the offense by discharging a firearm from a 1353 motor vehicle other than a manufactured home and that the 1354 offender previously has been convicted of or pleaded guilty to a 1355 specification of the type described in section 2941.141, 1356 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code, 1357 the court, after imposing a prison term on the offender for the 1358 violation of section 2923.161 of the Revised Code or for the 1359 other felony offense under division (A), (B)(2), or (3) of this 1360 section, shall impose an additional prison term of ninety months 1361 upon the offender that shall not be reduced pursuant to section 1362 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 1363 or any other provision of Chapter 2967.

of the Revised 1343 Code.

1344 (ii) Except as provided in division (B)(1)(e) of this 1345 section, if an offender who is convicted of or pleads guilty to 1346 a violation of section 2923.161 of the Revised Code or to a 1347 felony that includes, as an essential element, purposely or 1348 knowingly causing or attempting to cause the death of or 1349 physical harm to another, also is convicted of or pleads guilty 1350 to a specification of the type described in division (C) of 1351 section 2941.146 of the Revised Code that charges the offender 1352 with committing the offense by discharging a firearm from a 1353 motor vehicle other than a manufactured home and that the 1354 offender previously has been convicted of or pleaded guilty to a 1355 specification of the type described in section 2941.141, 1356 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code, 1357 the court, after imposing a prison term on the offender for the 1358 violation of section 2923.161 of the Revised Code or for the 1359 other felony offense under division (A), (B)(2), or (3) of this 1360 section, shall impose an additional prison term of ninety months 1361 upon the offender that shall not be reduced pursuant to section 1362 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 1363 or any other provision of Chapter 2967.

or Chapter 5120.

If a court imposes an additional prison term on an 1369 offender under division (B)(1)(c) of this section relative to an 1370 offense, the court also shall impose a prison term under 1371 division (B)(1)(a) of this section relative to the same offense, 1372 provided the criteria specified in that division for imposing an 1373 additionalSub. prison term are satisfied relative to the offender 1374 and the offense.

1375 (d) If an offender who is convicted of or pleads guilty to 1376 Sub.

338 Page 48 As ReportedPassed by the House Judiciaryadditional Committeeprison anterm offenseare ofsatisfied violencerelative that is a felony also is convicted of or 1377 pleads guilty to a specification of the type described in 1378 section 2941.1411 of the Revised Code that charges the offender 13791374 withand wearing or carrying body armor while committing the felonyoffense. 1380 offense of violence, the court shall impose on the offender an 1381 additional prison term of two years.

1375 (d) If an offender who is convicted of or pleads guilty to 1376 an offense of violence that is a felony also is convicted of or 1377 pleads guilty to a specification of the type described in 1378 section 2941.1411 of the Revised Code that charges the offender 1379 with wearing or carrying body armor while committing the felony 1380 offense of violence, the court shall impose on the offender an 1381 additional prison term of two years.

The court shall not impose any of the prison terms 1401 described in division (B)(1)(a) of this section or any of the 1402 additional prison terms described in division (B)(1)(c) of this 1403 section upon an offender for a violation of section 2923.13 of 1404 theSub. Revised Code unless all of the following apply:

1405 (i) The offender previously has been convicted of 1406 aggravated murder, murder, or any felony of the first or second 1407 Sub.

338 Page 49 As ReportedPassed by the House Judiciarythe CommitteeRevised degree.Code unless all of the following apply:

1405 (i) The offender previously has been convicted of 1406 aggravated murder, murder, or any felony of the first or second 1407 degree.

1427 (ii) If an offender is convicted of or pleads guilty to a 1428 felony that includes, as an essential element, causing or 1429 attempting to cause the death of or physical harm to another and 1430 also is convicted of or pleads guilty to a specification of the 1431 type described in division (B) of section 2941.1412 of the 1432 Revised Code that charges the offender with committing the 1433 offense by discharging a firearm at a peace officer, as defined 1434 in section 2935.01 of the Revised Code, or a corrections 1435 officer, as defined in section 2941.1412 of the Revised Code, 1436 and that the offender previously has been convicted of or 1437 Sub.

338 Page 50 As ReportedPassed by the House Judiciaryin Committeesection 2935.01 of the Revised Code, or a corrections 1435 officer, as defined in section 2941.1412 of the Revised Code, 1436 and that the offender previously has been convicted of or 1437 pleaded guilty to a specification of the type described in 1438 section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of 1439 the Revised Code, the court, after imposing a prison term on the 1440 offender for the felony offense under division (A), (B)(2), or 1441 (3) of this section, shall impose an additional prison term of 1442 one hundred twenty-six months upon the offender that shall not 1443 be reduced pursuant to section 2929.20, division (A)(2) or (3) 1444 of section 2967.193 or 2967.194, or any other provision of 1445 Chapter 2967.

1464 (g) If an offender is convicted of or pleads guilty to two 1465 or more felonies, if one or more of those felonies are 1466 aggravated murder, murder, attempted aggravated murder, 1467 attempted murder, aggravated robbery, felonious assault, or 1468 Sub.

338 Page 51 As ReportedPassed by the House Judiciaryor Committeemore felonies, if one or more of those felonies are 1466 aggravated murder, murder, attempted aggravated murder, 1467 attempted murder, aggravated robbery, felonious assault, or 1468 rape, and if the offender is convicted of or pleads guilty to a 1469 specification of the type described under division (B)(1)(a) of 1470 this section in connection with two or more of the felonies, the 1471 sentencing court shall impose on the offender the prison term 1472 specified under division (B)(1)(a) of this section for each of 1473 the two most serious specifications of which the offender is 1474 convicted or to which the offender pleads guilty and, in its 1475 discretion, also may impose on the offender the prison term 1476 specified under that division for any or all of the remaining 1477 specifications.

1489 (ii) The offense of which the offender currently is 1490 convicted or to which the offender currently pleads guilty is 1491 aggravated murder and the court does not impose a sentence of 1492 death or life imprisonment without parole, murder, terrorism and 1493 the court does not impose a sentence of life imprisonment 1494 without parole, any felony of the first degree that is an 1495 offense of violence and the court does not impose a sentence of 1496 life imprisonment without parole, or any felony of the second 1497 degree that is an offense of violence and the trier of fact 1498 Sub.

338 Page 52 As ReportedPassed by the House Judiciaryoffense Committeeof violence and the court does not impose a sentence of 1496 life imprisonment without parole, or any felony of the second 1497 degree that is an offense of violence and the trier of fact 1498 finds that the offense involved an attempt to cause or a threat 1499 to cause serious physical harm to a person or resulted in 1500 serious physical harm to a person.

1523 (b) The court shall impose on an offender the longest 1524 prison term authorized or required for the offense or, for 1525 offenses for which division (A)(1)(a) or (2)(a) of this section 1526 applies, the longest minimum prison term authorized or required 1527 for the offense, and shall impose on the offender an additional 1528 Sub.

338 Page 53 As ReportedPassed by the House Judiciaryoffenses Committeefor which division (A)(1)(a) or (2)(a) of this section 1526 applies, the longest minimum prison term authorized or required 1527 for the offense, and shall impose on the offender an additional 1528 definite prison term of one, two, three, four, five, six, seven, 1529 eight, nine, or ten years if all of the following criteria are 1530 met:

1555 (c) For purposes of division (B)(2)(b) of this section, 1556 two or more offenses committed at the same time or as part of 1557 the same act or event shall be considered one offense, and that 1558 Sub.

338 Page 54 As ReportedPassed by the House Judiciary(c) CommitteeFor purposes of division (B)(2)(b) of this section, 1556 two or more offenses committed at the same time or as part of 1557 the same act or event shall be considered one offense, and that 1558 one offense shall be the offense with the greatest penalty.

1569 (3) Except when an offender commits a violation of section 1570 2903.01 or 2907.02 of the Revised Code and the penalty imposed 1571 for the violation is life imprisonment or commits a violation of 1572 section 2903.02 of the Revised Code, if the offender commits a 1573 violation of section 2925.03 or 2925.11 of the Revised Code and 1574 that section classifies the offender as a major drug offender, 1575 if the offender commits a violation of section 2925.05 of the 1576 Revised Code and division (E)(1) of that section classifies the 1577 offender as a major drug offender, if the offender commits a 1578 felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 1579 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, 1580 division (C) or (D) of section 3719.172, division (E) of section 1581 4729.51, or division (J) of section 4729.54 of the Revised Code 1582 that includes the sale, offer to sell, or possession of a 1583 schedule I or II controlled substance, with the exception of 1584 marihuana, and the court imposing sentence upon the offender 1585 finds that the offender is guilty of a specification of the type 1586 described in division (A) of section 2941.1410 of the Revised 1587 Code charging that the offender is a major drug offender, if the 1588 Sub.

338 Page 55 As ReportedPassed by the House Judiciaryfinds Committeethat the offender is guilty of a specification of the type 1586 described in division (A) of section 2941.1410 of the Revised 1587 Code charging that the offender is a major drug offender, if the 1588 court imposing sentence upon an offender for a felony finds that 1589 the offender is guilty of corrupt activity with the most serious 1590 offense in the pattern of corrupt activity being a felony of the 1591 first degree, or if the offender is guilty of an attempted 1592 violation of section 2907.02 of the Revised Code and, had the 1593 offender completed the violation of section 2907.02 of the 1594 Revised Code that was attempted, the offender would have been 1595 subject to a sentence of life imprisonment or life imprisonment 1596 without parole for the violation of section 2907.02 of the 1597 Revised Code, the court shall impose upon the offender for the 1598 felony violation a mandatory prison term determined as described 1599 in this division that cannot be reduced pursuant to section 1600 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 1601 or any other provision of Chapter 2967.

In addition to the mandatory prison term, if 1613 the offender is being sentenced for a fourth degree felony OVI 1614 offense, the court, notwithstanding division (A)(4) of this 1615 section, may sentence the offender to a definite prison term of 1616 not less than six months and not more than thirty months, and if 1617 the offender is being sentenced for a third degree felony OVI 1618 offense, the sentencing court may sentence the offender to an 1619 Sub.

338 Page 56 As ReportedPassed by the House Judiciarynot Committeeless than six months and not more than thirty months, and if 1617 the offender is being sentenced for a third degree felony OVI 1618 offense, the sentencing court may sentence the offender to an 1619 additional prison term of any duration specified in division (A) 1620 (3) of this section.

1645 (5) If an offender is convicted of or pleads guilty to a 1646 violation of division (A)(1) or (2) of section 2903.06 of the 1647 Revised Code and also is convicted of or pleads guilty to a 1648 specification of the type described in section 2941.1414 of the 1649 Revised Code that charges that the victim of the offense is a 1650 Sub.

338 Page 57 As ReportedPassed by the House JudiciaryRevised CommitteeCode and also is convicted of or pleads guilty to a 1648 specification of the type described in section 2941.1414 of the 1649 Revised Code that charges that the victim of the offense is a 1650 peace officer, as defined in section 2935.01 of the Revised 1651 Code, an investigator of the bureau of criminal identification 1652 and investigation, as defined in section 2903.11 of the Revised 1653 Code, or a firefighter or emergency medical worker, both as 1654 defined in section 2941.1414 of the Revised Code, the court 1655 shall impose on the offender a prison term of five years.

1678 ASub. court shall not impose more than one prison term on an 1679 offender under division (B)(6) of this section for felonies 1680 committed as part of the same act.

1681 Sub.

338 Page 58 As ReportedPassed by the House JudiciaryA Committeecourt (7)(a)shall Ifnot animpose offendermore isthan convictedone ofprison orterm pleadson guiltyan to1679 1682offender aunder felony violation of section 2905.01, 2905.02, 2907.21, 1683 2907.22, or 2923.32, division (A)(1)(B)(6) or (2) of sectionthis 2907.323 1684 involving a minor, or division (B)(1), (2), (3), (4), or (5) of 1685 section 2919.22for offelonies the1680 Revised Code and also is convicted of or 1686 pleads guilty to a specification of the type described in 1687 section 2941.1422 of the Revised Code that charges that the 1688 offender knowingly committed theas offensepart in furtherance of human 1689 trafficking, the courtsame shallact. impose on the offender a mandatory 1690 prison term that is one of the following:

1681 (7)(a) If an offender is convicted of or pleads guilty to 1682 a felony violation of section 2905.01, 2905.02, 2907.21, 1683 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 1684 involving a minor, or division (B)(1), (2), (3), (4), or (5) of 1685 section 2919.22 of the Revised Code and also is convicted of or 1686 pleads guilty to a specification of the type described in 1687 section 2941.1422 of the Revised Code that charges that the 1688 offender knowingly committed the offense in furtherance of human 1689 trafficking, the court shall impose on the offender a mandatory 1690 prison term that is one of the following:

1705 (iii) If the offense is a felony of the fourth or fifth 1706 degree, a definite prison term that is the maximum prison term 1707 allowed for the offense by division (A) of section 2929.14 of 1708 theSub. Revised Code.

1709 (b) The prison term imposed under division (B)(7)(a) of 1710 this section shall not be reduced pursuant to section 2929.20, 1711 Sub.

338 Page 59 As ReportedPassed by the House Judiciarythe CommitteeRevised divisionCode. (A)(2) or (3) of section 2967.193 or 2967.194, or any 1712 other provision of Chapter 2967.

1709 (b) The prison term imposed under division (B)(7)(a) of 1710 this section shall not be reduced pursuant to section 2929.20, 1711 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 1712 other provision of Chapter 2967.

1734 (9)(a) If an offender is convicted of or pleads guilty to 1735 a violation of division (A)(1) or (2) of section 2903.11 of the 1736 Revised Code and also is convicted of or pleads guilty to a 1737 specification of the type described in section 2941.1425 of the 1738 RevisedSub. Code, the court shall impose on the offender a mandatory 1739 prison term of six years if either of the following applies:

1740 (i) The violation is a violation of division (A)(1) of 1741 Sub.

338 Page 60 As ReportedPassed by the House Judiciary Committee section 2903.11 of the Revised CodeCode, and the specificationcourt 1742shall chargesimpose thaton the offender useda anmandatory accelerant1739 inprison committingterm theof 1743six violationyears andif theeither seriousof physical harm to another or to 1744 another's unborn caused by the violationfollowing resultedapplies: in a 1745 permanent, serious disfigurement or permanent, substantial 1746 incapacity;

1740 (i) The violation is a violation of division (A)(1) of 1741 section 2903.11 of the Revised Code and the specification 1742 charges that the offender used an accelerant in committing the 1743 violation and the serious physical harm to another or to 1744 another's unborn caused by the violation resulted in a 1745 permanent, serious disfigurement or permanent, substantial 1746 incapacity;

1762 (c) The provisions of divisions (B)(9) and (C)(6) of this 1763 section and of division (D)(2) of section 2903.11, division (F) 1764 (20) of section 2929.13, and section 2941.1425 of the Revised 1765 Code shall be known as "Judy's Law." 1766 (10) If an offender is convicted of or pleads guilty to a 1767 violation of division (A) of section 2903.11 of the Revised Code 1768 and also is convicted of or pleads guilty to a specification of 1769 the type described in section 2941.1426 of the Revised Code that 1770 charges that the victim of the offense suffered permanent 1771 Sub.

338 Page 61 As ReportedPassed by the House Judiciaryviolation Committeeof division (A) of section 2903.11 of the Revised Code 1768 and also is convicted of or pleads guilty to a specification of 1769 the type described in section 2941.1426 of the Revised Code that 1770 charges that the victim of the offense suffered permanent 1771 disabling harm as a result of the offense and that the victim 1772 was under ten years of age at the time of the offense, 1773 regardless of whether the offender knew the age of the victim, 1774 the court shall impose upon the offender an additional definite 1775 prison term of six years.

1785 (11) If an offender is convicted of or pleads guilty to a 1786 felony violation of section 2925.03 or 2925.05 of the Revised 1787 Code or a felony violation of section 2925.11 of the Revised 1788 Code for which division (C)(11) of that section applies in 1789 determining the sentence for the violation, if the drug involved 1790 in the violation is a fentanyl-related compound or a compound, 1791 mixture, preparation, or substance containing a fentanyl-related 1792 compound, and if the offender also is convicted of or pleads 1793 guilty to a specification of the type described in division (B) 1794 of section 2941.1410 of the Revised Code that charges that the 1795 offender is a major drug offender, in addition to any other 1796 penalty imposed for the violation, the court shall impose on the 1797 offender a mandatory prison term of three, four, five, six, 1798 seven,Sub. or eight years.

If a court imposes a prison term on an 1799 offender under division (B)(11) of this section, the prison term 1800 shall not be reduced pursuant to section 2929.20, division (A) 1801 (2) or (3) of section 2967.193 or 2967.194, or any other 1802 Sub.

338 Page 62 As ReportedPassed by the House Judiciaryseven, Committeeor provisioneight ofyears. Chapter 2967.

If a court imposes a prison term on an 1799 offender under division (B)(11) of this section, the prison term 1800 shall not be reduced pursuant to section 2929.20, division (A) 1801 (2) or (3) of section 2967.193 or 2967.194, or any other 1802 provision of Chapter 2967.

1815 (C)(1)(a) Subject to division (C)(1)(b) of this section, 1816 if a mandatory prison term is imposed upon an offender pursuant 1817 to division (B)(1)(a) of this section for having a firearm on or 1818 about the offender's person or under the offender's control 1819 while committing a felony, if a mandatory prison term is imposed 1820 upon an offender pursuant to division (B)(1)(c) of this section 1821 for committing a felony specified in that division by 1822 discharging a firearm from a motor vehicle, or if both types of 1823 mandatory prison terms are imposed, the offender shall serve any 1824 mandatory prison term imposed under either division 1825 consecutively to any other mandatory prison term imposed under 1826 either division or under division (B)(1)(d) of this section, 1827 consecutively to and prior to any prison term imposed for the 1828 underlying felony pursuant to division (A), (B)(2), or (B)(3) of 1829 thisSub. section or any other section of the Revised Code, and 1830 consecutively to any other prison term or mandatory prison term 1831 previously or subsequently imposed upon the offender.

1832 Sub.

338 Page 63 As ReportedPassed by the House Judiciary Committee (b) If a mandatory prison term is imposed upon an offender 1833 pursuant to division (B)(1)(d) of this section for wearing or 1834 carrying body armor while committing an offense of violence that 1835 is a felony, the offender shall serve the mandatory term so 1836 imposed consecutively to any other mandatory prison term imposed 1837 under that division or under division (B)(1)(a) or (c) of this 1838 section, consecutively to and prior to any prison term imposed 1839 for the underlying felony under division (A), (B)(2), or (B)(3) 1840 of this section or any other section of the Revised Code, and 18411830 consecutively to any other prison term or mandatory prison term 18421831 previously or subsequently imposed upon the offender.

1832 (b) If a mandatory prison term is imposed upon an offender 1833 pursuant to division (B)(1)(d) of this section for wearing or 1834 carrying body armor while committing an offense of violence that 1835 is a felony, the offender shall serve the mandatory term so 1836 imposed consecutively to any other mandatory prison term imposed 1837 under that division or under division (B)(1)(a) or (c) of this 1838 section, consecutively to and prior to any prison term imposed 1839 for the underlying felony under division (A), (B)(2), or (B)(3) 1840 of this section or any other section of the Revised Code, and 1841 consecutively to any other prison term or mandatory prison term 1842 previously or subsequently imposed upon the offender.

1858 (e) If a mandatory prison term is imposed upon an offender 1859 pursuant to division (B)(11) of this section, the offender shall 1860 serve the mandatory prison term consecutively to any other 1861 mandatory prison term imposed under that division, consecutively 1862 Sub.

338 Page 64 As ReportedPassed by the House Judiciarypursuant Committeeto division (B)(11) of this section, the offender shall 1860 serve the mandatory prison term consecutively to any other 1861 mandatory prison term imposed under that division, consecutively 1862 to and prior to any prison term imposed for the underlying 1863 felony, and consecutively to any other prison term or mandatory 1864 prison term previously or subsequently imposed upon the 1865 offender.

1890 (4) If multiple prison terms are imposed on an offender 1891 for convictions of multiple offenses, the court may require the 1892 Sub.

338 Page 65 As ReportedPassed by the House Judiciary(4) CommitteeIf multiple prison terms are imposed on an offender 1891 for convictions of multiple offenses, the court may require the 1892 offender to serve the prison terms consecutively if the court 1893 finds that the consecutive service is necessary to protect the 1894 public from future crime or to punish the offender and that 1895 consecutive sentences are not disproportionate to the 1896 seriousness of the offender's conduct and to the danger the 1897 offender poses to the public, and if the court also finds any of 1898 the following:

If a mandatory prison term is imposed upon an 1920 offender pursuant to division (B)(5) of this section, and if a 1921 mandatory prison term also is imposed upon the offender pursuant 1922 Sub.

338 Page 66 As ReportedPassed by the House Judiciaryoffender Committeepursuant to division (B)(5) of this section, and if a 1921 mandatory prison term also is imposed upon the offender pursuant 1922 to division (B)(6) of this section in relation to the same 1923 violation, the offender shall serve the mandatory prison term 1924 imposed pursuant to division (B)(5) of this section 1925 consecutively to and prior to the mandatory prison term imposed 1926 pursuant to division (B)(6) of this section and consecutively to 1927 and prior to any prison term imposed for the underlying 1928 violation of division (A)(1) or (2) of section 2903.06 of the 1929 Revised Code pursuant to division (A) of this section or section 1930 2929.142 of the Revised Code.

1947 (8) Any prison term imposed for a violation of section 1948 2903.04 of the Revised Code that is based on a violation of 1949 section 2925.03 or 2925.11 of the Revised Code or on a violation 1950 of section 2925.05 of the Revised Code that is not funding of 1951 marihuana trafficking shall run consecutively to any prison term 1952 Sub.

338 Page 67 As ReportedPassed by the House Judiciaryof Committeesection 2925.05 of the Revised Code that is not funding of 1951 marihuana trafficking shall run consecutively to any prison term 1952 imposed for the violation of section 2925.03 or 2925.11 of the 1953 Revised Code or for the violation of section 2925.05 of the 1954 Revised Code that is not funding of marihuana trafficking.

1976 (11)(12) If a court is sentencing an offender for a felony 1977 of the first or second degree, if division (A)(1)(a) or (2)(a) 1978 of this section applies with respect to the sentencing for the 1979 offense, and if the court is required under the Revised Code 1980 section that sets forth the offense or any other Revised Code 1981 provision to impose a mandatory prison term for the offense, the 1982 Sub.

338 Page 68 As ReportedPassed by the House Judiciarysection Committeethat sets forth the offense or any other Revised Code 1981 provision to impose a mandatory prison term for the offense, the 1982 court shall impose the required mandatory prison term as the 1983 minimum term imposed under division (A)(1)(a) or (2)(a) of this 1984 section, whichever is applicable.

Section 2011 2929.191 of the Revised Code applies if, prior to July 11, 2006, 2012 a court imposed a sentence including a prison term of a type 2013 Sub.

338 Page 69 As ReportedPassed by the House Judiciary2929.191 Committeeof the Revised Code applies if, prior to July 11, 2006, 2012 a court imposed a sentence including a prison term of a type 2013 described in this division and failed to include in the sentence 2014 pursuant to this division a statement regarding post-release 2015 control.

2038 (4) A person is convicted of or pleads guilty to a 2039 violation of section 2905.01 of the Revised Code committed on or 2040 after January 1, 2008, and that section requires the court to 2041 sentence the offender pursuant to section 2971.03 of the Revised 2042 Sub.

338 Page 70 As ReportedPassed by the House Judiciaryafter CommitteeJanuary 1, 2008, and that section requires the court to 2041 sentence the offender pursuant to section 2971.03 of the Revised 2042 Code.

2064 (G) If an offender who is convicted of or pleads guilty to 2065 a felony that is an offense of violence also is convicted of or 2066 pleads guilty to a specification of the type described in 2067 section 2941.142 of the Revised Code that charges the offender 2068 with having committed the felony while participating in a 2069 criminal gang, the court shall impose upon the offender an 2070 additionalSub. prison term of one, two, or three years.

2071 Sub.

338 Page 71 As ReportedPassed by the House Judiciaryadditional Committeeprison (H)(1)term If an offender who is convicted of orone, pleadstwo, guilty 2072 to aggravated murder, murder, or athree felony of the first, second, 2073 or third degree that is an offense of violence also is convicted 2074 of or pleads guilty to a specification of the type described in 2075 section 2941.143 of the Revised Code that charges the offender 2076 with having committed the offense in a school safety zone or 2077 towards a person in a school safety zone, the court shall impose 2078 upon the offender an additional prison term of two years.

2071 (H)(1) If an offender who is convicted of or pleads guilty 2072 to aggravated murder, murder, or a felony of the first, second, 2073 or third degree that is an offense of violence also is convicted 2074 of or pleads guilty to a specification of the type described in 2075 section 2941.143 of the Revised Code that charges the offender 2076 with having committed the offense in a school safety zone or 2077 towards a person in a school safety zone, the court shall impose 2078 upon the offender an additional prison term of two years.

2099 (b) In lieu of imposing an additional prison term under 2100 division (H)(2)(a) of this section, the court may directly 2101 Sub.

338 Page 72 As ReportedPassed by the House Judiciary(b) CommitteeIn lieu of imposing an additional prison term under 2100 division (H)(2)(a) of this section, the court may directly 2101 impose on the offender a sanction that requires the offender to 2102 wear a real-time processing, continual tracking electronic 2103 monitoring device during the period of time specified by the 2104 court.

In no case 2129 shall the department of rehabilitation and correction place the 2130 offender in a program or prison of that nature unless the 2131 department determines as specified in section 5120.031 or 2132 Sub.

338 Page 73 As ReportedPassed by the House Judiciaryoffender Committeein a program or prison of that nature unless the 2131 department determines as specified in section 5120.031 or 2132 5120.032 of the Revised Code, whichever is applicable, that the 2133 offender is eligible for the placement.

If there is an 2158 available program of shock incarceration or an intensive program 2159 prison for which the offender is suited, the department shall 2160 notify the court of the proposed placement of the offender as 2161 specified in section 5120.031 or 5120.032 of the Revised Code 2162 Sub.

338 Page 74 As ReportedPassed by the House Judiciarynotify Committeethe court of the proposed placement of the offender as 2161 specified in section 5120.031 or 5120.032 of the Revised Code 2162 and shall include with the notice a brief description of the 2163 placement.

2190 (2) As used in division (K)(1) of this section, "violent 2191 career criminal" and "violent felony offense" have the same 2192 Sub.

338 Page 75 As ReportedPassed by the House Judiciary(2) CommitteeAs used in division (K)(1) of this section, "violent 2191 career criminal" and "violent felony offense" have the same 2192 meanings as in section 2923.132 of the Revised Code.

2209 (B) Imposition of a mandatory seven-year prison term under 2210 division (B)(12) of section 2929.14 of the Revised Code is 2211 precluded unless the offender is convicted of or pleads guilty 2212 to a violation of division (C)(3) of section 2903.13 or division 2213 (D)(5) of section 2903.11 of the Revised Code and unless the 2214 indictment, count in the indictment, or information charging the 2215 offense specifies the victim of the offense was a visitor, 2216 volunteer, or person on the grounds of a state correctional 2217 institution or local correctional facility, an employee of the 2218 department of rehabilitation and correction, the department of 2219 youth services, or a probation department, or a contractor 2220 providingSub. services to the department of rehabilitation and 2221 correction or the department of youth services.

The 2222 Sub.

338 Page 76 As ReportedPassed by the House Judiciaryproviding Committeeservices specificationto shall be stated at the enddepartment of therehabilitation bodyand of2221 thecorrection 2223 indictment, count, or informationthe anddepartment shallof beyouth statedservices. in 2224 substantially the following form:

The 2222 specification shall be stated at the end of the body of the 2223 indictment, count, or information and shall be stated in 2224 substantially the following form:

2247 The person appointed to the position of director of 2248 rehabilitation and correction shall have an employment history 2249 that includes being employed in a corrections role at any level 2250 ofSub. security for at least five years or at a high security 2251 correctional institution for at least three years.

2252 Sub.

338 Page 77 As ReportedPassed by the House Judiciaryof Committeesecurity Sec.for at least five years or at a high security 2251 correctional institution for at least three years.

2252 Sec.

2279 (b)Sub. Storage of coats and jackets in a location not readily 2280 accessible to inmates;

2281 Sub.

338 Page 78 As ReportedPassed by the House Judiciary(b) CommitteeStorage (c)of Entrancecoats onlyand afterjackets walkingin through a securitylocation 2282not screeningreadily system.2280 accessible to inmates;

2281 (c) Entrance only after walking through a security 2282 screening system.

2306 (G)(1)(a) Require adherence with any sanctions imposed by 2307 theSub. department's rules infraction board;

2308 (b) Require that inmates who violate the department's 2309 Sub.

338 Page 79 As ReportedPassed by the House Judiciary Committee rules of behavior imposed by the department's rules infraction 2310board; board, including rules prohibiting offenses of violence, 2311 threats, sexual misconduct, gang activity, and disturbances, 2312 resisting authority, disrespect, unauthorized relationships, 2313 escape and related conduct, weapons, drugs, and other related 2314 matters, shall forfeit the inmate's assigned tablet for a 2315 minimum of thirty days;

2308 (b) Require that inmates who violate the department's 2309 rules of behavior imposed by the department's rules infraction 2310 board, including rules prohibiting offenses of violence, 2311 threats, sexual misconduct, gang activity, and disturbances, 2312 resisting authority, disrespect, unauthorized relationships, 2313 escape and related conduct, weapons, drugs, and other related 2314 matters, shall forfeit the inmate's assigned tablet for a 2315 minimum of thirty days;

2335 (I) Require all persons appointed to the position of 2336 warden to have an employment history that includes being 2337 employed in a security or custody role for at least three years 2338 Sub.

338 Page 80 As ReportedPassed by the House Judiciarywarden Committeeto have an employment history that includes being 2337 employed in a security or custody role for at least three years 2338 at the department of rehabilitation and correction;

2363 (K)(1) Require the department of rehabilitation and 2364 correction and the department of youth services to respond to 2365 requestsSub. for information by cooperating with the office of the 2366 attorney general to the fullest extent possible;

2367 Sub.

338 Page 81 As ReportedPassed by the House Judiciaryrequests Committeefor (2)information Requireby thecooperating departmentwith of rehabilitation and 2368 correction and the department of youth services to allow the 2369 office of the 2366 attorney general to obtainthe andfullest viewextent allpossible; requested 2370 documents.

2367 (2) Require the department of rehabilitation and 2368 correction and the department of youth services to allow the 2369 office of the attorney general to obtain and view all requested 2370 documents.

2393 The director may enter into contracts or other agreements as 2394 necessarySub. to maintain the registry, including data sharing 2395 contracts with data reporting entities.

The director shall 2396 Sub.

338 Page 82 As ReportedPassed by the House Judiciarynecessary Committee publish and make the data collected by the registry available to 2397maintain the publicregistry, onlineincluding fordata tensharing years2395 aftercontracts anwith inmate'sdata finalreporting 2398entities. discharge.

The director shall 2396 publish and make the data collected by the registry available to 2397 the public online for ten years after an inmate's final 2398 discharge.

Receiving benefits under 2422 this section does not make the surviving spouse a state 2423 employee.Sub.

2424 (2) A surviving spouse is ineligible to participate in a 2425 Sub.

338 Page 83 As ReportedPassed by the House Judiciaryemployee. Committee health, medical, hospital, dental, surgical, or vision benefit 2426 under division (B)(1) of this section if the spouse is either of 2427 the following:

2424 (2) A surviving spouse is ineligible to participate in a 2425 health, medical, hospital, dental, surgical, or vision benefit 2426 under division (B)(1) of this section if the spouse is either of 2427 the following:

2451 SectionSub. 4.

The General Assembly, applying the principle 2452 stated in division (B) of section 1.52 of the Revised Code that 2453 amendments are to be harmonized if reasonably capable of 2454 Sub.

338 Page 84 As ReportedPassed by the House JudiciarySection Committee4. simultaneous operation, finds that the following sections, 2455 presented in this act as composites of the sections as amended 2456 by the acts indicated, are the resulting versions of the 2457 sections in effect prior to the effective date of the sections 2458 as presented in this act:

The General Assembly, applying the principle 2452 stated in division (B) of section 1.52 of the Revised Code that 2453 amendments are to be harmonized if reasonably capable of 2454 simultaneous operation, finds that the following sections, 2455 presented in this act as composites of the sections as amended 2456 by the acts indicated, are the resulting versions of the 2457 sections in effect prior to the effective date of the sections 2458 as presented in this act: