Ohio 136th General Assembly Status: Passed House 1 R cosponsors

HB 88 — Regards drug trafficking, human trafficking, and fentanyl

Last action — Referred to committee

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced February 11, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 32% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

To amend sections 2923.31, 2925.01, 2925.03, 2925.11, 2929.14, 2941.1422, 3313.60, 3314.03, 3326.11, 3328.24, and 3705.08 and to enact sections 5.57, 2905.321, 2941.1427, 3313.6031, 3313.6032, and 3345.372 of the Revised Code to increase penalties for drug trafficking above certain amounts, to prohibit organized trafficking of persons, to require schools and institutions of higher education to incorporate instruction and policies on fentanyl awareness and abuse prevention, and to designate the month of August as "Fentanyl Poisoning Awareness Month."

Bill Text

What changed in the latest version

151 added · 146 removed

Plain-language change summary

The bill HB 88 was updated to include a larger group of cosponsors in its latest version. This change reflects increased support for the bill from a variety of representatives, which could indicate broader consensus on the issues it addresses. More cosponsors can enhance the bill’s chances of passing by showing that multiple lawmakers back its intent and goals.

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As Reported by the House Judiciary Committee 136th General Assembly Regular Session Sub.
As Passed by the House 136th General Assembly Regular Session Sub.
88 2025-2026 Representatives Abrams, Plummer Cosponsor:
88 2025-2026 Representatives Abrams, Plummer Cosponsors:
Representative Swearingen To amend sections 2923.31, 2925.01, 2925.03, 1 2925.11, 2929.14, 3313.60, 3314.03, 3326.11, 2 3328.24, and 3705.08 and to enact sections 5.57, 3 2941.1427, 3313.6031, 3313.6032, and 3345.372 of 4 the Revised Code to modify penalties for drug 5 trafficking and possession, to require schools 6 and institutions of higher education to 7 incorporate instruction and policies on fentanyl 8 awareness and abuse prevention, and to designate 9 the month of August as "Fentanyl Poisoning 10 Awareness Month." 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Representatives Swearingen, Barhorst, Bird, Brennan, Click, Daniels, Deeter, Dovilla, Fischer, Ghanbari, Gross, Hall, D., Hall, T., Hiner, Holmes, John, Johnson, Lampton, Mathews, A., Mathews, T., Miller, K., Miller, M., Newman, Odioso, Oelslager, Ray, Richardson, Ritter, Robb Blasdel, Salvo, Santucci, Schmidt, Sigrist, Stephens, Thomas, C., White, A., Williams, Willis, Workman, Young To amend sections 2923.31, 2925.01, 2925.03, 1 2925.11, 2929.14, 3313.60, 3314.03, 3326.11, 2 3328.24, and 3705.08 and to enact sections 5.57, 3 2941.1427, 3313.6031, 3313.6032, and 3345.372 of 4 the Revised Code to modify penalties for drug 5 trafficking and possession, to require schools 6 and institutions of higher education to 7 incorporate instruction and policies on fentanyl 8 awareness and abuse prevention, and to designate 9 the month of August as "Fentanyl Poisoning 10 Awareness Month." 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
16 Sec.
16 Sub.
5.57.
The month of August is designated as "Fentanyl 17 Poisoning Awareness Month" to increase awareness of the dangers 18 of fentanyl and potential overdoses.
19 Sub.
88 Page 2 As Reported by the House Judiciary Committee Sec.
88 Page 2 As Passed by the House Sec.
5.57.
The month of August is designated as "Fentanyl 17 Poisoning Awareness Month" to increase awareness of the dangers 18 of fentanyl and potential overdoses.
19 Sec.
42 (C) "Enterprise" includes any individual, sole 43 proprietorship, partnership, limited partnership, corporation, 44 trust, union, government agency, or other legal entity, or any 45 organization, association, or group of persons associated in 46 fact although not a legal entity.
42 (C) "Enterprise" includes any individual, sole 43 proprietorship, partnership, limited partnership, corporation, 44 Sub.
"Enterprise" includes illicit 47 as well as licit enterprises.
An "enterprise" may be proved by 48 Sub.
88 Page 3 As Reported by the House Judiciary Committee evidence that the accused was acting alone or in concert with 49 others at the time of the commission of the offense.
88 Page 3 As Passed by the House trust, union, government agency, or other legal entity, or any 45 organization, association, or group of persons associated in 46 fact although not a legal entity.
"Enterprise" includes illicit 47 as well as licit enterprises.
An "enterprise" may be proved by 48 evidence that the accused was acting alone or in concert with 49 others at the time of the commission of the offense.
71 For the purposes of the criminal penalties that may be 72 imposed pursuant to section 2923.32 of the Revised Code, at 73 least one of the incidents forming the pattern shall constitute 74 a felony under the laws of this state in existence at the time 75 it was committed or, if committed in violation of the laws of 76 the United States or of any other state, shall constitute a 77 felony under the law of the United States or the other state and 78 Sub.
71 For the purposes of the criminal penalties that may be 72 imposed pursuant to section 2923.32 of the Revised Code, at 73 least one of the incidents forming the pattern shall constitute 74 Sub.
88 Page 4 As Reported by the House Judiciary Committee would be a criminal offense under the law of this state if 79 committed in this state.
88 Page 4 As Passed by the House a felony under the laws of this state in existence at the time 75 it was committed or, if committed in violation of the laws of 76 the United States or of any other state, shall constitute a 77 felony under the law of the United States or the other state and 78 would be a criminal offense under the law of this state if 79 committed in this state.
102 (a) A violation of section 1315.55, 1322.07, 2903.01, 103 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 104 2905.11, 2905.22, 2905.32 as specified in division (I)(2)(g) of 105 this section, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 106 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 107 Sub.
102 (a) A violation of section 1315.55, 1322.07, 2903.01, 103 Sub.
88 Page 5 As Reported by the House Judiciary Committee 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 108 2913.06, 2913.30, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 109 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17;
88 Page 5 As Passed by the House 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 104 2905.11, 2905.22, 2905.32 as specified in division (I)(2)(g) of 105 this section, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 106 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 107 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 108 2913.06, 2913.30, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 109 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17;
127 (c) Any violation of section 2907.21, 2907.22, 2907.31, 128 2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 129 2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 130 of the Revised Code, any violation of section 2925.11 of the 131 Revised Code that is a felony of the first, second, third, or 132 fourth degree and that occurs on or after July 1, 1996, any 133 violation of section 2915.02 of the Revised Code that occurred 134 prior to July 1, 1996, any violation of section 2915.02 of the 135 Revised Code that occurs on or after July 1, 1996, and that, had 136 it occurred prior to that date, would not have been a violation 137 of section 3769.11 of the Revised Code as it existed prior to 138 Sub.
127 (c) Any violation of section 2907.21, 2907.22, 2907.31, 128 2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 129 2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 130 of the Revised Code, any violation of section 2925.11 of the 131 Revised Code that is a felony of the first, second, third, or 132 fourth degree and that occurs on or after July 1, 1996, any 133 violation of section 2915.02 of the Revised Code that occurred 134 Sub.
88 Page 6 As Reported by the House Judiciary Committee that date, any violation of section 2915.06 of the Revised Code 139 as it existed prior to July 1, 1996, or any violation of 140 division (B) of section 2915.05 of the Revised Code as it exists 141 on and after July 1, 1996, when the proceeds of the violation, 142 the payments made in the violation, the amount of a claim for 143 payment or for any other benefit that is false or deceptive and 144 that is involved in the violation, or the value of the 145 contraband or other property illegally possessed, sold, or 146 purchased in the violation exceeds one thousand dollars, or any 147 combination of violations described in division (I)(2)(c) of 148 this section when the total proceeds of the combination of 149 violations, payments made in the combination of violations, 150 amount of the claims for payment or for other benefits that is 151 false or deceptive and that is involved in the combination of 152 violations, or value of the contraband or other property 153 illegally possessed, sold, or purchased in the combination of 154 violations exceeds one thousand dollars;
88 Page 6 As Passed by the House prior to July 1, 1996, any violation of section 2915.02 of the 135 Revised Code that occurs on or after July 1, 1996, and that, had 136 it occurred prior to that date, would not have been a violation 137 of section 3769.11 of the Revised Code as it existed prior to 138 that date, any violation of section 2915.06 of the Revised Code 139 as it existed prior to July 1, 1996, or any violation of 140 division (B) of section 2915.05 of the Revised Code as it exists 141 on and after July 1, 1996, when the proceeds of the violation, 142 the payments made in the violation, the amount of a claim for 143 payment or for any other benefit that is false or deceptive and 144 that is involved in the violation, or the value of the 145 contraband or other property illegally possessed, sold, or 146 purchased in the violation exceeds one thousand dollars, or any 147 combination of violations described in division (I)(2)(c) of 148 this section when the total proceeds of the combination of 149 violations, payments made in the combination of violations, 150 amount of the claims for payment or for other benefits that is 151 false or deceptive and that is involved in the combination of 152 violations, or value of the contraband or other property 153 illegally possessed, sold, or purchased in the combination of 154 violations exceeds one thousand dollars;
157 (e) Any violation or combination of violations of section 158 2907.32 of the Revised Code involving any material or 159 performance containing a display of bestiality or of sexual 160 conduct, as defined in section 2907.01 of the Revised Code, that 161 is explicit and depicted with clearly visible penetration of the 162 genitals or clearly visible penetration by the penis of any 163 orifice when the total proceeds of the violation or combination 164 of violations, the payments made in the violation or combination 165 of violations, or the value of the contraband or other property 166 illegally possessed, sold, or purchased in the violation or 167 combination of violations exceeds one thousand dollars;
157 (e) Any violation or combination of violations of section 158 2907.32 of the Revised Code involving any material or 159 performance containing a display of bestiality or of sexual 160 conduct, as defined in section 2907.01 of the Revised Code, that 161 is explicit and depicted with clearly visible penetration of the 162 genitals or clearly visible penetration by the penis of any 163 orifice when the total proceeds of the violation or combination 164 of violations, the payments made in the violation or combination 165 Sub.
168 Sub.
88 Page 7 As Reported by the House Judiciary Committee (f) Any combination of violations described in division 169 (I)(2)(c) of this section and violations of section 2907.32 of 170 the Revised Code involving any material or performance 171 containing a display of bestiality or of sexual conduct, as 172 defined in section 2907.01 of the Revised Code, that is explicit 173 and depicted with clearly visible penetration of the genitals or 174 clearly visible penetration by the penis of any orifice when the 175 total proceeds of the combination of violations, payments made 176 in the combination of violations, amount of the claims for 177 payment or for other benefits that is false or deceptive and 178 that is involved in the combination of violations, or value of 179 the contraband or other property illegally possessed, sold, or 180 purchased in the combination of violations exceeds one thousand 181 dollars;
88 Page 7 As Passed by the House of violations, or the value of the contraband or other property 166 illegally possessed, sold, or purchased in the violation or 167 combination of violations exceeds one thousand dollars;
168 (f) Any combination of violations described in division 169 (I)(2)(c) of this section and violations of section 2907.32 of 170 the Revised Code involving any material or performance 171 containing a display of bestiality or of sexual conduct, as 172 defined in section 2907.01 of the Revised Code, that is explicit 173 and depicted with clearly visible penetration of the genitals or 174 clearly visible penetration by the penis of any orifice when the 175 total proceeds of the combination of violations, payments made 176 in the combination of violations, amount of the claims for 177 payment or for other benefits that is false or deceptive and 178 that is involved in the combination of violations, or value of 179 the contraband or other property illegally possessed, sold, or 180 purchased in the combination of violations exceeds one thousand 181 dollars;
194 (i) Organized retail theft;
194 Sub.
195 (ii) Conduct that constitutes one or more violations of 196 any law of any state other than this state, that is 197 Sub.
88 Page 8 As Reported by the House Judiciary Committee substantially similar to organized retail theft, and that if 198 committed in this state would be organized retail theft, if the 199 defendant was convicted of or pleaded guilty to the conduct in a 200 criminal proceeding in the other state.
88 Page 8 As Passed by the House (i) Organized retail theft;
195 (ii) Conduct that constitutes one or more violations of 196 any law of any state other than this state, that is 197 substantially similar to organized retail theft, and that if 198 committed in this state would be organized retail theft, if the 199 defendant was convicted of or pleaded guilty to the conduct in a 200 criminal proceeding in the other state.
224 (K) "Trustee" means any of the following:
224 Sub.
225 (1) Any person acting as trustee under a trust in which 226 the trustee holds title to personal or real property;
227 Sub.
88 Page 9 As Reported by the House Judiciary Committee (2) Any person who holds title to personal or real 228 property for which any other person has a beneficial interest;
88 Page 9 As Passed by the House (K) "Trustee" means any of the following:
225 (1) Any person acting as trustee under a trust in which 226 the trustee holds title to personal or real property;
227 (2) Any person who holds title to personal or real 228 property for which any other person has a beneficial interest;
246 (M) "Animal activity" means any activity that involves the 247 use of animals or animal parts, including, but not limited to, 248 hunting, fishing, trapping, traveling, camping, the production, 249 preparation, or processing of food or food products, clothing or 250 garment manufacturing, medical research, other research, 251 entertainment, recreation, agriculture, biotechnology, or 252 service activity that involves the use of animals or animal 253 parts.
246 (M) "Animal activity" means any activity that involves the 247 use of animals or animal parts, including, but not limited to, 248 hunting, fishing, trapping, traveling, camping, the production, 249 preparation, or processing of food or food products, clothing or 250 garment manufacturing, medical research, other research, 251 entertainment, recreation, agriculture, biotechnology, or 252 service activity that involves the use of animals or animal 253 Sub.
254 (N) "Animal facility" means a vehicle, building, 255 structure, nature preserve, or other premises in which an animal 256 Sub.
88 Page 10 As Reported by the House Judiciary Committee is lawfully kept, handled, housed, exhibited, bred, or offered 257 for sale, including, but not limited to, a zoo, rodeo, circus, 258 amusement park, hunting preserve, or premises in which a horse 259 or dog event is held.
88 Page 10 As Passed by the House parts.
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254 (N) "Animal facility" means a vehicle, building, 255 structure, nature preserve, or other premises in which an animal 256 is lawfully kept, handled, housed, exhibited, bred, or offered 257 for sale, including, but not limited to, a zoo, rodeo, circus, 258 amusement park, hunting preserve, or premises in which a horse 259 or dog event is held.
280 (R) "Retail property" means any tangible personal property 281 displayed, held, stored, or offered for sale in or by a retail 282 establishment.
280 (R) "Retail property" means any tangible personal property 281 displayed, held, stored, or offered for sale in or by a retail 282 Sub.
283 (S) "Retail property fence" means a person who possesses, 284 procures, receives, or conceals retail property that was 285 Sub.
88 Page 11 As Reported by the House Judiciary Committee represented to the person as being stolen or that the person 286 knows or believes to be stolen.
88 Page 11 As Passed by the House establishment.
283 (S) "Retail property fence" means a person who possesses, 284 procures, receives, or conceals retail property that was 285 represented to the person as being stolen or that the person 286 knows or believes to be stolen.
311 (1) For any compound, mixture, preparation, or substance 312 included in schedule I, schedule II, or schedule III, with the 313 exception of any controlled substance analog, marihuana, 314 Sub.
311 Sub.
88 Page 12 As Reported by the House Judiciary Committee cocaine, L.S.D., heroin, any fentanyl-related compound, and 315 hashish and except as provided in division (D)(2), or (5), or 316 (6) of this section, whichever of the following is applicable:
88 Page 12 As Passed by the House (1) For any compound, mixture, preparation, or substance 312 included in schedule I, schedule II, or schedule III, with the 313 exception of any controlled substance analog, marihuana, 314 cocaine, L.S.D., heroin, any fentanyl-related compound, and 315 hashish and except as provided in division (D)(2), or (5), or 316 (6) of this section, whichever of the following is applicable:
337 (f) An amount equal to or exceeding one hundred twenty 338 grams or thirty times the maximum daily dose in the usual dose 339 range specified in a standard pharmaceutical reference manual of 340 a compound, mixture, preparation, or substance that is or 341 contains any amount of a schedule II stimulant that is in a 342 final dosage form manufactured by a person authorized by the 343 Sub.
337 (f) An amount equal to or exceeding one hundred twenty 338 grams or thirty times the maximum daily dose in the usual dose 339 range specified in a standard pharmaceutical reference manual of 340 Sub.
88 Page 13 As Reported by the House Judiciary Committee "Federal Food, Drug, and Cosmetic Act," 52 Stat.
88 Page 13 As Passed by the House a compound, mixture, preparation, or substance that is or 341 contains any amount of a schedule II stimulant that is in a 342 final dosage form manufactured by a person authorized by the 343 "Federal Food, Drug, and Cosmetic Act," 52 Stat.
370 (5) An amount equal to or exceeding two hundred solid 371 dosage units, sixteen grams, or sixteen milliliters of a 372 Sub.
370 Sub.
88 Page 14 As Reported by the House Judiciary Committee compound, mixture, preparation, or substance that is or contains 373 any amount of a schedule III anabolic steroid;
88 Page 14 As Passed by the House (5) An amount equal to or exceeding two hundred solid 371 dosage units, sixteen grams, or sixteen milliliters of a 372 compound, mixture, preparation, or substance that is or contains 373 any amount of a schedule III anabolic steroid;
399 (2) A violation of an existing or former law of this or 400 any other state or of the United States that is substantially 401 Sub.
399 Sub.
88 Page 15 As Reported by the House Judiciary Committee equivalent to any section listed in division (G)(1) of this 402 section;
88 Page 15 As Passed by the House (2) A violation of an existing or former law of this or 400 any other state or of the United States that is substantially 401 equivalent to any section listed in division (G)(1) of this 402 section;
428 (b) Any aerosol propellant;
428 Sub.
429 Sub.
88 Page 16 As Reported by the House Judiciary Committee (c) Any fluorocarbon refrigerant;
88 Page 16 As Passed by the House (b) Any aerosol propellant;
429 (c) Any fluorocarbon refrigerant;
455 (1) Any drug that bears, or whose container or label 456 Sub.
455 Sub.
88 Page 17 As Reported by the House Judiciary Committee bears, a trademark, trade name, or other identifying mark used 457 without authorization of the owner of rights to that trademark, 458 trade name, or identifying mark;
88 Page 17 As Passed by the House (1) Any drug that bears, or whose container or label 456 bears, a trademark, trade name, or other identifying mark used 457 without authorization of the owner of rights to that trademark, 458 trade name, or identifying mark;
480 of the Revised Code, or any nonpublic school for which the 481 director of education and workforce prescribes minimum standards 482 under section 3301.07 of the Revised Code, whether or not any 483 instruction, extracurricular activities, or training provided by 484 the school is being conducted at the time a criminal offense is 485 Sub.
480 of the Revised Code, or any nonpublic school for which the 481 director of education and workforce prescribes minimum standards 482 under section 3301.07 of the Revised Code, whether or not any 483 instruction, extracurricular activities, or training provided by 484 Sub.
88 Page 18 As Reported by the House Judiciary Committee committed.
88 Page 18 As Passed by the House the school is being conducted at the time a criminal offense is 485 committed.
513 (U) "Certified grievance committee" means a duly 514 Sub.
513 Sub.
88 Page 19 As Reported by the House Judiciary Committee constituted and organized committee of the Ohio state bar 515 association or of one or more local bar associations of the 516 state of Ohio that complies with the criteria set forth in Rule 517 V, section 6 of the Rules for the Government of the Bar of Ohio.
88 Page 19 As Passed by the House (U) "Certified grievance committee" means a duly 514 constituted and organized committee of the Ohio state bar 515 association or of one or more local bar associations of the 516 state of Ohio that complies with the criteria set forth in Rule 517 V, section 6 of the Rules for the Government of the Bar of Ohio.
542 of the Revised Code;
542 Sub.
543 Sub.
88 Page 20 As Reported by the House Judiciary Committee (6) A person licensed and regulated to engage in the 544 business of a debt pooling company by a legislative authority, 545 under authority of Chapter 4710.
88 Page 20 As Passed by the House of the Revised Code;
543 (6) A person licensed and regulated to engage in the 544 business of a debt pooling company by a legislative authority, 545 under authority of Chapter 4710.
571 (11) A person who has been licensed to practice optometry 572 Sub.
571 Sub.
88 Page 21 As Reported by the House Judiciary Committee or to engage in optical dispensing under Chapter 4725.
88 Page 21 As Passed by the House (11) A person who has been licensed to practice optometry 572 or to engage in optical dispensing under Chapter 4725.
of the Revised 599 Code;
of the Revised 599 Sub.
600 Sub.
88 Page 22 As Reported by the House Judiciary Committee (20) A person who has been issued a license to practice 601 chiropractic under Chapter 4734.
88 Page 22 As Passed by the House Code;
600 (20) A person who has been issued a license to practice 601 chiropractic under Chapter 4734.
of the Revised 626 Code;
of the Revised 626 Sub.
627 Sub.
88 Page 23 As Reported by the House Judiciary Committee (31) A person issued a license as an occupational 628 therapist or physical therapist under Chapter 4755.
88 Page 23 As Passed by the House Code;
627 (31) A person issued a license as an occupational 628 therapist or physical therapist under Chapter 4755.
651 (2) Coca leaves or a salt, compound, derivative, or 652 preparation of coca leaves, including ecgonine, a salt, isomer, 653 or derivative of ecgonine, or a salt of an isomer or derivative 654 of ecgonine;
651 (2) Coca leaves or a salt, compound, derivative, or 652 preparation of coca leaves, including ecgonine, a salt, isomer, 653 Sub.
655 Sub.
88 Page 24 As Reported by the House Judiciary Committee (3) A salt, compound, derivative, or preparation of a 656 substance identified in division (X)(1) or (2) of this section 657 that is chemically equivalent to or identical with any of those 658 substances, except that the substances shall not include 659 decocainized coca leaves or extraction of coca leaves if the 660 extractions do not contain cocaine or ecgonine.
88 Page 24 As Passed by the House or derivative of ecgonine, or a salt of an isomer or derivative 654 of ecgonine;
655 (3) A salt, compound, derivative, or preparation of a 656 substance identified in division (X)(1) or (2) of this section 657 that is chemically equivalent to or identical with any of those 658 substances, except that the substances shall not include 659 decocainized coca leaves or extraction of coca leaves if the 660 extractions do not contain cocaine or ecgonine.
677 (BB) An offense is "committed in the vicinity of a 678 juvenile" if the offender commits the offense within one hundred 679 feet of a juvenile or within the view of a juvenile, regardless 680 of whether the offender knows the age of the juvenile, whether 681 the offender knows the offense is being committed within one 682 hundred feet of or within view of the juvenile, or whether the 683 juvenile actually views the commission of the offense.
677 (BB) An offense is "committed in the vicinity of a 678 juvenile" if the offender commits the offense within one hundred 679 feet of a juvenile or within the view of a juvenile, regardless 680 of whether the offender knows the age of the juvenile, whether 681 Sub.
684 Sub.
88 Page 25 As Reported by the House Judiciary Committee (CC) "Presumption for a prison term" or "presumption that 685 a prison term shall be imposed" means a presumption, as 686 described in division (D) of section 2929.13 of the Revised 687 Code, that a prison term is a necessary sanction for a felony in 688 order to comply with the purposes and principles of sentencing 689 under section 2929.11 of the Revised Code.
88 Page 25 As Passed by the House the offender knows the offense is being committed within one 682 hundred feet of or within view of the juvenile, or whether the 683 juvenile actually views the commission of the offense.
684 (CC) "Presumption for a prison term" or "presumption that 685 a prison term shall be imposed" means a presumption, as 686 described in division (D) of section 2929.13 of the Revised 687 Code, that a prison term is a necessary sanction for a felony in 688 order to comply with the purposes and principles of sentencing 689 under section 2929.11 of the Revised Code.
706 (II) "Methamphetamine" means methamphetamine, any salt, 707 isomer, or salt of an isomer of methamphetamine, or any 708 compound, mixture, preparation, or substance containing 709 methamphetamine or any salt, isomer, or salt of an isomer of 710 methamphetamine.
706 (II) "Methamphetamine" means methamphetamine, any salt, 707 isomer, or salt of an isomer of methamphetamine, or any 708 compound, mixture, preparation, or substance containing 709 Sub.
711 (JJ) "Deception" has the same meaning as in section 712 Sub.
88 Page 26 As Reported by the House Judiciary Committee 2913.01 of the Revised Code.
88 Page 26 As Passed by the House methamphetamine or any salt, isomer, or salt of an isomer of 710 methamphetamine.
711 (JJ) "Deception" has the same meaning as in section 712 2913.01 of the Revised Code.
735 (11) Carfentanil;
735 Sub.
736 (12) Remifentanil;
737 (13) Sufentanil;
738 Sub.
88 Page 27 As Reported by the House Judiciary Committee (14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- 739 phenethyl)-4- piperidinyl]-N-phenylacetamide);
88 Page 27 As Passed by the House (11) Carfentanil;
736 (12) Remifentanil;
737 (13) Sufentanil;
738 (14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- 739 phenethyl)-4- piperidinyl]-N-phenylacetamide);
761 (LL) "First degree felony mandatory prison term" means one 762 of the definite prison terms prescribed in division (A)(1)(b) of 763 section 2929.14 of the Revised Code for a felony of the first 764 degree, except that if the violation for which sentence is being 765 imposed is committed on or after March 22, 2019, it means one of 766 Sub.
761 (LL) "First degree felony mandatory prison term" means one 762 Sub.
88 Page 28 As Reported by the House Judiciary Committee the minimum prison terms prescribed in division (A)(1)(a) of 767 that section for a felony of the first degree.
88 Page 28 As Passed by the House of the definite prison terms prescribed in division (A)(1)(b) of 763 section 2929.14 of the Revised Code for a felony of the first 764 degree, except that if the violation for which sentence is being 765 imposed is committed on or after March 22, 2019, it means one of 766 the minimum prison terms prescribed in division (A)(1)(a) of 767 that section for a felony of the first degree.
791 (PP) "Delta-9 tetrahydrocannabinol" has the same meaning 792 as in section 928.01 of the Revised Code.
791 (PP) "Delta-9 tetrahydrocannabinol" has the same meaning 792 Sub.
793 (QQ) An offense is "committed in the vicinity of a 794 substance addiction services provider or a recovering addict" if 795 Sub.
88 Page 29 As Reported by the House Judiciary Committee either of the following apply:
88 Page 29 As Passed by the House as in section 928.01 of the Revised Code.
793 (QQ) An offense is "committed in the vicinity of a 794 substance addiction services provider or a recovering addict" if 795 either of the following apply:
821 (2) Recovery supports that are related to either alcohol 822 addiction services, or drug addiction services, or both such 823 services and paid for with federal, state, or local funds 824 Sub.
821 Sub.
88 Page 30 As Reported by the House Judiciary Committee administered by the department of mental health and addiction 825 services or a board of alcohol, drug addiction, and mental 826 health services.
88 Page 30 As Passed by the House (2) Recovery supports that are related to either alcohol 822 addiction services, or drug addiction services, or both such 823 services and paid for with federal, state, or local funds 824 administered by the department of mental health and addiction 825 services or a board of alcohol, drug addiction, and mental 826 health services.
848 (2) If the offense involves an anabolic steroid, any 849 person who is conducting or participating in a research project 850 involving the use of an anabolic steroid if the project has been 851 approved by the United States food and drug administration;
848 (2) If the offense involves an anabolic steroid, any 849 Sub.
852 Sub.
88 Page 31 As Reported by the House Judiciary Committee (3) Any person who sells, offers for sale, prescribes, 853 dispenses, or administers for livestock or other nonhuman 854 species an anabolic steroid that is expressly intended for 855 administration through implants to livestock or other nonhuman 856 species and approved for that purpose under the "Federal Food, 857 Drug, and Cosmetic Act," 52 Stat.
88 Page 31 As Passed by the House person who is conducting or participating in a research project 850 involving the use of an anabolic steroid if the project has been 851 approved by the United States food and drug administration;
852 (3) Any person who sells, offers for sale, prescribes, 853 dispenses, or administers for livestock or other nonhuman 854 species an anabolic steroid that is expressly intended for 855 administration through implants to livestock or other nonhuman 856 species and approved for that purpose under the "Federal Food, 857 Drug, and Cosmetic Act," 52 Stat.
876 (b) Except as otherwise provided in division (C)(1)(c), 877 (d), (e), or (f) of this section, if the offense was committed 878 in the vicinity of a school, in the vicinity of a juvenile, or 879 in the vicinity of a substance addiction services provider or a 880 recovering addict, aggravated trafficking in drugs is a felony 881 of the third degree, and division (C) of section 2929.13 of the 882 Sub.
876 (b) Except as otherwise provided in division (C)(1)(c), 877 (d), (e), or (f) of this section, if the offense was committed 878 Sub.
88 Page 32 As Reported by the House Judiciary Committee Revised Code applies in determining whether to impose a prison 883 term on the offender.
88 Page 32 As Passed by the House in the vicinity of a school, in the vicinity of a juvenile, or 879 in the vicinity of a substance addiction services provider or a 880 recovering addict, aggravated trafficking in drugs is a felony 881 of the third degree, and division (C) of section 2929.13 of the 882 Revised Code applies in determining whether to impose a prison 883 term on the offender.
If the amount of the 908 drug involved is within that range and if the offense was 909 committed in the vicinity of a school, in the vicinity of a 910 juvenile, or in the vicinity of a substance addiction services 911 provider or a recovering addict, aggravated trafficking in drugs 912 is a felony of the first degree, and the court shall impose as a 913 Sub.
If the amount of the 908 drug involved is within that range and if the offense was 909 Sub.
88 Page 33 As Reported by the House Judiciary Committee mandatory prison term a first degree felony mandatory prison 914 term.
88 Page 33 As Passed by the House committed in the vicinity of a school, in the vicinity of a 910 juvenile, or in the vicinity of a substance addiction services 911 provider or a recovering addict, aggravated trafficking in drugs 912 is a felony of the first degree, and the court shall impose as a 913 mandatory prison term a first degree felony mandatory prison 914 term.
938 (a) Except as otherwise provided in division (C)(2)(b), 939 (c), (d), or (e) of this section, trafficking in drugs is a 940 felony of the fifth degree, and division (B) of section 2929.13 941 of the Revised Code applies in determining whether to impose a 942 prison term on the offender.
938 (a) Except as otherwise provided in division (C)(2)(b), 939 Sub.
943 Sub.
88 Page 34 As Reported by the House Judiciary Committee (b) Except as otherwise provided in division (C)(2)(c), 944 (d), or (e) of this section, if the offense was committed in the 945 vicinity of a school or in the vicinity of a juvenile, 946 trafficking in drugs is a felony of the fourth degree, and 947 division (C) of section 2929.13 of the Revised Code applies in 948 determining whether to impose a prison term on the offender.
88 Page 34 As Passed by the House (c), (d), or (e) of this section, trafficking in drugs is a 940 felony of the fifth degree, and division (B) of section 2929.13 941 of the Revised Code applies in determining whether to impose a 942 prison term on the offender.
943 (b) Except as otherwise provided in division (C)(2)(c), 944 (d), or (e) of this section, if the offense was committed in the 945 vicinity of a school or in the vicinity of a juvenile, 946 trafficking in drugs is a felony of the fourth degree, and 947 division (C) of section 2929.13 of the Revised Code applies in 948 determining whether to impose a prison term on the offender.
969 (e) Except as otherwise provided in this division, if the 970 amount of the drug involved equals or exceeds fifty times the 971 bulk amount, trafficking in drugs is a felony of the second 972 degree, and the court shall impose as a mandatory prison term a 973 Sub.
969 Sub.
88 Page 35 As Reported by the House Judiciary Committee second degree felony mandatory prison term.
88 Page 35 As Passed by the House (e) Except as otherwise provided in this division, if the 970 amount of the drug involved equals or exceeds fifty times the 971 bulk amount, trafficking in drugs is a felony of the second 972 degree, and the court shall impose as a mandatory prison term a 973 second degree felony mandatory prison term.
996 (c) Except as otherwise provided in this division, if the 997 amount of the drug involved equals or exceeds two hundred grams 998 but is less than one thousand grams, trafficking in marihuana is 999 a felony of the fourth degree, and division (B) of section 1000 2929.13 of the Revised Code applies in determining whether to 1001 impose a prison term on the offender.
996 (c) Except as otherwise provided in this division, if the 997 amount of the drug involved equals or exceeds two hundred grams 998 but is less than one thousand grams, trafficking in marihuana is 999 Sub.
If the amount of the drug 1002 involved is within that range and if the offense was committed 1003 Sub.
88 Page 36 As Reported by the House Judiciary Committee in the vicinity of a school or in the vicinity of a juvenile, 1004 trafficking in marihuana is a felony of the third degree, and 1005 division (C) of section 2929.13 of the Revised Code applies in 1006 determining whether to impose a prison term on the offender.
88 Page 36 As Passed by the House a felony of the fourth degree, and division (B) of section 1000 2929.13 of the Revised Code applies in determining whether to 1001 impose a prison term on the offender.
If the amount of the drug 1002 involved is within that range and if the offense was committed 1003 in the vicinity of a school or in the vicinity of a juvenile, 1004 trafficking in marihuana is a felony of the third degree, and 1005 division (C) of section 2929.13 of the Revised Code applies in 1006 determining whether to impose a prison term on the offender.
1028 (f) Except as otherwise provided in this division, if the 1029 amount of the drug involved equals or exceeds twenty thousand 1030 grams but is less than forty thousand grams, trafficking in 1031 marihuana is a felony of the second degree, and the court shall 1032 impose as a mandatory prison term a second degree felony 1033 Sub.
1028 (f) Except as otherwise provided in this division, if the 1029 Sub.
88 Page 37 As Reported by the House Judiciary Committee mandatory prison term of five, six, seven, or eight years.
88 Page 37 As Passed by the House amount of the drug involved equals or exceeds twenty thousand 1030 grams but is less than forty thousand grams, trafficking in 1031 marihuana is a felony of the second degree, and the court shall 1032 impose as a mandatory prison term a second degree felony 1033 mandatory prison term of five, six, seven, or eight years.
1058 (4) If the drug involved in the violation is cocaine or a 1059 compound, mixture, preparation, or substance containing cocaine, 1060 whoever violates division (A) of this section is guilty of 1061 trafficking in cocaine.
1058 (4) If the drug involved in the violation is cocaine or a 1059 Sub.
The penalty for the offense shall be 1062 determined as follows:
1063 Sub.
88 Page 38 As Reported by the House Judiciary Committee (a) Except as otherwise provided in division (C)(4)(b), 1064 (c), (d), (e), (f), or (g) of this section, trafficking in 1065 cocaine is a felony of the fifth degree, and division (B) of 1066 section 2929.13 of the Revised Code applies in determining 1067 whether to impose a prison term on the offender.
88 Page 38 As Passed by the House compound, mixture, preparation, or substance containing cocaine, 1060 whoever violates division (A) of this section is guilty of 1061 trafficking in cocaine.
The penalty for the offense shall be 1062 determined as follows:
1063 (a) Except as otherwise provided in division (C)(4)(b), 1064 (c), (d), (e), (f), or (g) of this section, trafficking in 1065 cocaine is a felony of the fifth degree, and division (B) of 1066 section 2929.13 of the Revised Code applies in determining 1067 whether to impose a prison term on the offender.
1088 (d) Except as otherwise provided in this division, if the 1089 amount of the drug involved equals or exceeds ten grams but is 1090 less than twenty grams of cocaine, trafficking in cocaine is a 1091 felony of the third degree, and, except as otherwise provided in 1092 this division, there is a presumption for a prison term for the 1093 Sub.
1088 (d) Except as otherwise provided in this division, if the 1089 Sub.
88 Page 39 As Reported by the House Judiciary Committee offense.
88 Page 39 As Passed by the House amount of the drug involved equals or exceeds ten grams but is 1090 less than twenty grams of cocaine, trafficking in cocaine is a 1091 felony of the third degree, and, except as otherwise provided in 1092 this division, there is a presumption for a prison term for the 1093 offense.
1117 (f) If the amount of the drug involved equals or exceeds 1118 twenty-seven grams but is less than one hundred fifty grams of 1119 cocaine and regardless of whether the offense was committed in 1120 the vicinity of a school, in the vicinity of a juvenile, or in 1121 the vicinity of a substance addiction services provider or a 1122 recovering addict, trafficking in cocaine is a felony of the 1123 first degree, and the court shall impose as a mandatory prison 1124 Sub.
1117 (f) If the amount of the drug involved equals or exceeds 1118 twenty-seven grams but is less than one hundred fifty grams of 1119 cocaine and regardless of whether the offense was committed in 1120 Sub.
88 Page 40 As Reported by the House Judiciary Committee term a first degree felony mandatory prison term.
88 Page 40 As Passed by the House the vicinity of a school, in the vicinity of a juvenile, or in 1121 the vicinity of a substance addiction services provider or a 1122 recovering addict, trafficking in cocaine is a felony of the 1123 first degree, and the court shall impose as a mandatory prison 1124 term a first degree felony mandatory prison term.
is a 1148 felony of the fourth degree, and division (C) of section 2929.13 1149 of the Revised Code applies in determining whether to impose a 1150 prison term on the offender.
is a 1148 felony of the fourth degree, and division (C) of section 2929.13 1149 of the Revised Code applies in determining whether to impose a 1150 Sub.
1151 (c) Except as otherwise provided in this division, if the 1152 amount of the drug involved equals or exceeds ten unit doses but 1153 Sub.
88 Page 41 As Reported by the House Judiciary Committee is less than fifty unit doses of L.S.D.
88 Page 41 As Passed by the House prison term on the offender.
1151 (c) Except as otherwise provided in this division, if the 1152 amount of the drug involved equals or exceeds ten unit doses but 1153 is less than fifty unit doses of L.S.D.
If the amount of the drug involved is within that 1179 range and if the offense was committed in the vicinity of a 1180 school, in the vicinity of a juvenile, or in the vicinity of a 1181 substance addiction services provider or a recovering addict, 1182 trafficking in L.S.D.
If the amount of the drug involved is within that 1179 range and if the offense was committed in the vicinity of a 1180 school, in the vicinity of a juvenile, or in the vicinity of a 1181 Sub.
is a felony of the second degree, and the 1183 court shall impose as a mandatory prison term a second degree 1184 Sub.
88 Page 42 As Reported by the House Judiciary Committee felony mandatory prison term.
88 Page 42 As Passed by the House substance addiction services provider or a recovering addict, 1182 trafficking in L.S.D.
is a felony of the second degree, and the 1183 court shall impose as a mandatory prison term a second degree 1184 felony mandatory prison term.
1211 (g) If the amount of the drug involved equals or exceeds 1212 five thousand unit doses of L.S.D.
1211 Sub.
in a solid form or equals or 1213 exceeds five hundred grams of L.S.D.
in a liquid concentrate, 1214 Sub.
88 Page 43 As Reported by the House Judiciary Committee liquid extract, or liquid distillate form and regardless of 1215 whether the offense was committed in the vicinity of a school, 1216 in the vicinity of a juvenile, or in the vicinity of a substance 1217 addiction services provider or a recovering addict, trafficking 1218 in L.S.D.
88 Page 43 As Passed by the House (g) If the amount of the drug involved equals or exceeds 1212 five thousand unit doses of L.S.D.
in a solid form or equals or 1213 exceeds five hundred grams of L.S.D.
in a liquid concentrate, 1214 liquid extract, or liquid distillate form and regardless of 1215 whether the offense was committed in the vicinity of a school, 1216 in the vicinity of a juvenile, or in the vicinity of a substance 1217 addiction services provider or a recovering addict, trafficking 1218 in L.S.D.
1239 (c) Except as otherwise provided in this division, if the 1240 amount of the drug involved equals or exceeds ten unit doses but 1241 is less than fifty unit doses or equals or exceeds one gram but 1242 is less than five grams, trafficking in heroin is a felony of 1243 the fourth degree, and division (B) of section 2929.13 of the 1244 Sub.
1239 (c) Except as otherwise provided in this division, if the 1240 amount of the drug involved equals or exceeds ten unit doses but 1241 Sub.
88 Page 44 As Reported by the House Judiciary Committee Revised Code applies in determining whether to impose a prison 1245 term for the offense.
88 Page 44 As Passed by the House is less than fifty unit doses or equals or exceeds one gram but 1242 is less than five grams, trafficking in heroin is a felony of 1243 the fourth degree, and division (B) of section 2929.13 of the 1244 Revised Code applies in determining whether to impose a prison 1245 term for the offense.
If the amount of the drug involved is 1271 within that range and if the offense was committed in the 1272 vicinity of a school, in the vicinity of a juvenile, or in the 1273 vicinity of a substance addiction services provider or a 1274 recovering addict, trafficking in heroin is a felony of the 1275 Sub.
If the amount of the drug involved is 1271 within that range and if the offense was committed in the 1272 Sub.
88 Page 45 As Reported by the House Judiciary Committee first degree, and the court shall impose as a mandatory prison 1276 term a first degree felony mandatory prison term.
88 Page 45 As Passed by the House vicinity of a school, in the vicinity of a juvenile, or in the 1273 vicinity of a substance addiction services provider or a 1274 recovering addict, trafficking in heroin is a felony of the 1275 first degree, and the court shall impose as a mandatory prison 1276 term a first degree felony mandatory prison term.
1300 (a) Except as otherwise provided in division (C)(7)(b), 1301 (c), (d), (e), (f), or (g) of this section, trafficking in 1302 hashish is a felony of the fifth degree, and division (B) of 1303 section 2929.13 of the Revised Code applies in determining 1304 whether to impose a prison term on the offender.
1300 (a) Except as otherwise provided in division (C)(7)(b), 1301 (c), (d), (e), (f), or (g) of this section, trafficking in 1302 Sub.
1305 Sub.
88 Page 46 As Reported by the House Judiciary Committee (b) Except as otherwise provided in division (C)(7)(c), 1306 (d), (e), (f), or (g) of this section, if the offense was 1307 committed in the vicinity of a school, in the vicinity of a 1308 juvenile, or in the vicinity of a substance addiction services 1309 provider or a recovering addict, trafficking in hashish is a 1310 felony of the fourth degree, and division (B) of section 2929.13 1311 of the Revised Code applies in determining whether to impose a 1312 prison term on the offender.
88 Page 46 As Passed by the House hashish is a felony of the fifth degree, and division (B) of 1303 section 2929.13 of the Revised Code applies in determining 1304 whether to impose a prison term on the offender.
1305 (b) Except as otherwise provided in division (C)(7)(c), 1306 (d), (e), (f), or (g) of this section, if the offense was 1307 committed in the vicinity of a school, in the vicinity of a 1308 juvenile, or in the vicinity of a substance addiction services 1309 provider or a recovering addict, trafficking in hashish is a 1310 felony of the fourth degree, and division (B) of section 2929.13 1311 of the Revised Code applies in determining whether to impose a 1312 prison term on the offender.
1328 (d) Except as otherwise provided in this division, if the 1329 amount of the drug involved equals or exceeds fifty grams but is 1330 less than two hundred fifty grams of hashish in a solid form or 1331 equals or exceeds ten grams but is less than fifty grams of 1332 hashish in a liquid concentrate, liquid extract, or liquid 1333 distillate form, trafficking in hashish is a felony of the third 1334 degree, and division (C) of section 2929.13 of the Revised Code 1335 applies in determining whether to impose a prison term on the 1336 Sub.
1328 (d) Except as otherwise provided in this division, if the 1329 amount of the drug involved equals or exceeds fifty grams but is 1330 less than two hundred fifty grams of hashish in a solid form or 1331 equals or exceeds ten grams but is less than fifty grams of 1332 Sub.
88 Page 47 As Reported by the House Judiciary Committee offender.
88 Page 47 As Passed by the House hashish in a liquid concentrate, liquid extract, or liquid 1333 distillate form, trafficking in hashish is a felony of the third 1334 degree, and division (C) of section 2929.13 of the Revised Code 1335 applies in determining whether to impose a prison term on the 1336 offender.
1357 (f) Except as otherwise provided in this division, if the 1358 amount of the drug involved equals or exceeds one thousand grams 1359 but is less than two thousand grams of hashish in a solid form 1360 or equals or exceeds two hundred grams but is less than four 1361 hundred grams of hashish in a liquid concentrate, liquid 1362 extract, or liquid distillate form, trafficking in hashish is a 1363 felony of the second degree, and the court shall impose as a 1364 mandatory prison term a second degree felony mandatory prison 1365 term of five, six, seven, or eight years.
1357 (f) Except as otherwise provided in this division, if the 1358 amount of the drug involved equals or exceeds one thousand grams 1359 but is less than two thousand grams of hashish in a solid form 1360 or equals or exceeds two hundred grams but is less than four 1361 hundred grams of hashish in a liquid concentrate, liquid 1362 extract, or liquid distillate form, trafficking in hashish is a 1363 Sub.
If the amount of the 1366 drug involved is within that range and if the offense was 1367 Sub.
88 Page 48 As Reported by the House Judiciary Committee committed in the vicinity of a school, in the vicinity of a 1368 juvenile, or in the vicinity of a substance addiction services 1369 provider or a recovering addict, trafficking in hashish is a 1370 felony of the first degree, and the court shall impose as a 1371 mandatory prison term a maximum first degree felony mandatory 1372 prison term.
88 Page 48 As Passed by the House felony of the second degree, and the court shall impose as a 1364 mandatory prison term a second degree felony mandatory prison 1365 term of five, six, seven, or eight years.
If the amount of the 1366 drug involved is within that range and if the offense was 1367 committed in the vicinity of a school, in the vicinity of a 1368 juvenile, or in the vicinity of a substance addiction services 1369 provider or a recovering addict, trafficking in hashish is a 1370 felony of the first degree, and the court shall impose as a 1371 mandatory prison term a maximum first degree felony mandatory 1372 prison term.
1390 (8) If the drug involved in the violation is a controlled 1391 substance analog or compound, mixture, preparation, or substance 1392 that contains a controlled substance analog, whoever violates 1393 division (A) of this section is guilty of trafficking in a 1394 controlled substance analog.
1390 (8) If the drug involved in the violation is a controlled 1391 substance analog or compound, mixture, preparation, or substance 1392 that contains a controlled substance analog, whoever violates 1393 division (A) of this section is guilty of trafficking in a 1394 Sub.
The penalty for the offense shall 1395 be determined as follows:
1396 (a) Except as otherwise provided in division (C)(8)(b), 1397 Sub.
88 Page 49 As Reported by the House Judiciary Committee (c), (d), (e), (f), or (g) of this section, trafficking in a 1398 controlled substance analog is a felony of the fifth degree, and 1399 division (C) of section 2929.13 of the Revised Code applies in 1400 determining whether to impose a prison term on the offender.
88 Page 49 As Passed by the House controlled substance analog.
The penalty for the offense shall 1395 be determined as follows:
1396 (a) Except as otherwise provided in division (C)(8)(b), 1397 (c), (d), (e), (f), or (g) of this section, trafficking in a 1398 controlled substance analog is a felony of the fifth degree, and 1399 division (C) of section 2929.13 of the Revised Code applies in 1400 determining whether to impose a prison term on the offender.
1421 (d) Except as otherwise provided in this division, if the 1422 amount of the drug involved equals or exceeds twenty grams but 1423 is less than thirty grams, trafficking in a controlled substance 1424 analog is a felony of the third degree, and there is a 1425 presumption for a prison term for the offense.
1421 (d) Except as otherwise provided in this division, if the 1422 amount of the drug involved equals or exceeds twenty grams but 1423 is less than thirty grams, trafficking in a controlled substance 1424 Sub.
If the amount of 1426 the drug involved is within that range and if the offense was 1427 Sub.
88 Page 50 As Reported by the House Judiciary Committee committed in the vicinity of a school, in the vicinity of a 1428 juvenile, or in the vicinity of a substance addiction services 1429 provider or a recovering addict, trafficking in a controlled 1430 substance analog is a felony of the second degree, and there is 1431 a presumption for a prison term for the offense.
88 Page 50 As Passed by the House analog is a felony of the third degree, and there is a 1425 presumption for a prison term for the offense.
If the amount of 1426 the drug involved is within that range and if the offense was 1427 committed in the vicinity of a school, in the vicinity of a 1428 juvenile, or in the vicinity of a substance addiction services 1429 provider or a recovering addict, trafficking in a controlled 1430 substance analog is a felony of the second degree, and there is 1431 a presumption for a prison term for the offense.
1453 (g) If the amount of the drug involved equals or exceeds 1454 fifty grams and regardless of whether the offense was committed 1455 in the vicinity of a school, in the vicinity of a juvenile, or 1456 in the vicinity of a substance addiction services provider or a 1457 Sub.
1453 (g) If the amount of the drug involved equals or exceeds 1454 Sub.
88 Page 51 As Reported by the House Judiciary Committee recovering addict, trafficking in a controlled substance analog 1458 is a felony of the first degree, the offender is a major drug 1459 offender, and the court shall impose as a mandatory prison term 1460 a maximum first degree felony mandatory prison term.
88 Page 51 As Passed by the House fifty grams and regardless of whether the offense was committed 1455 in the vicinity of a school, in the vicinity of a juvenile, or 1456 in the vicinity of a substance addiction services provider or a 1457 recovering addict, trafficking in a controlled substance analog 1458 is a felony of the first degree, the offender is a major drug 1459 offender, and the court shall impose as a mandatory prison term 1460 a maximum first degree felony mandatory prison term.
1482 (c) Except as otherwise provided in this division, if If 1483 the amount of the drug involved equals or exceeds ten unit doses 1484 but is less than fifty unit doses or equals or exceeds one gram 1485 but is less than five grams, trafficking in a fentanyl-related 1486 compound is a felony of the fourth degree, and division (B) of 1487 Sub.
1482 (c) Except as otherwise provided in this division, if If 1483 the amount of the drug involved equals or exceeds ten unit doses 1484 Sub.
88 Page 52 As Reported by the House Judiciary Committee section 2929.13 of the Revised Code applies in determining 1488 whether to impose a prison term for the offense.
88 Page 52 As Passed by the House but is less than fifty unit doses or equals or exceeds one gram 1485 but is less than five grams, trafficking in a fentanyl-related 1486 compound is a felony of the fourth degree, and division (B) of 1487 section 2929.13 of the Revised Code applies in determining 1488 whether to impose a prison term for the offense.
If the amount of the drug involved 1515 is within that range and if the offense was committed in the 1516 vicinity of a school, in the vicinity of a juvenile, or in the 1517 vicinity of a substance addiction services provider or a 1518 Sub.
If the amount of the drug involved 1515 Sub.
88 Page 53 As Reported by the House Judiciary Committee recovering addict, trafficking in a fentanyl-related compound is 1519 a felony of the first degree, and the court shall impose as a 1520 mandatory prison term one of the prison terms prescribed for a 1521 felony of the first degreeat least five years.
88 Page 53 As Passed by the House is within that range and if the offense was committed in the 1516 vicinity of a school, in the vicinity of a juvenile, or in the 1517 vicinity of a substance addiction services provider or a 1518 recovering addict, trafficking in a fentanyl-related compound is 1519 a felony of the first degree, and the court shall impose as a 1520 mandatory prison term one of the prison terms prescribed for a 1521 felony of the first degreeat least five years.
1542 (h) If the amount of the drug involved equals or exceeds 1543 one thousand five hundred unit doses or equals or exceeds one 1544 hundred fifty grams and regardless of whether the offense was 1545 committed in the vicinity of a school, in the vicinity of a 1546 juvenile, or in the vicinity of a substance addiction services 1547 provider or a recovering addict, trafficking in a fentanyl- 1548 Sub.
1542 (h) If the amount of the drug involved equals or exceeds 1543 one thousand five hundred unit doses or equals or exceeds one 1544 hundred fifty grams and regardless of whether the offense was 1545 Sub.
88 Page 54 As Reported by the House Judiciary Committee related compound is a felony of the first degree, the offender 1549 is a major drug offender, and the court shall impose as a 1550 mandatory prison term the maximum prison term prescribed for a 1551 felony of the first degree.
88 Page 54 As Passed by the House committed in the vicinity of a school, in the vicinity of a 1546 juvenile, or in the vicinity of a substance addiction services 1547 provider or a recovering addict, trafficking in a fentanyl- 1548 related compound is a felony of the first degree, the offender 1549 is a major drug offender, and the court shall impose as a 1550 mandatory prison term the maximum prison term prescribed for a 1551 felony of the first degree.
1573 (a) Except as otherwise provided in division (C)(10)(b), 1574 (c), (d), (e), or (f) of this section, trafficking in 1575 methamphetamine is a felony of the fourth degree.
1573 (a) Except as otherwise provided in division (C)(10)(b), 1574 Sub.
1576 (b) Except as otherwise provided in division (C)(10)(c), 1577 Sub.
88 Page 55 As Reported by the House Judiciary Committee (d), (e), or (f) of this section, if the offense was committed 1578 in the vicinity of a school, in the vicinity of a juvenile, or 1579 in the vicinity of a substance addiction services provider or a 1580 recovering addict, trafficking in methamphetamine is a felony of 1581 the third degree, and division (C) of section 2929.13 of the 1582 Revised Code applies in determining whether to impose a prison 1583 term on the offender.
88 Page 55 As Passed by the House (c), (d), (e), or (f) of this section, trafficking in 1575 methamphetamine is a felony of the fourth degree.
1576 (b) Except as otherwise provided in division (C)(10)(c), 1577 (d), (e), or (f) of this section, if the offense was committed 1578 in the vicinity of a school, in the vicinity of a juvenile, or 1579 in the vicinity of a substance addiction services provider or a 1580 recovering addict, trafficking in methamphetamine is a felony of 1581 the third degree, and division (C) of section 2929.13 of the 1582 Revised Code applies in determining whether to impose a prison 1583 term on the offender.
1601 (d) Except as otherwise provided in this division, if the 1602 amount of the drug involved equals or exceeds fifteen grams but 1603 is less than twenty grams of methamphetamine, trafficking in 1604 methamphetamine is a felony of the second degree and there is a 1605 presumption for a prison term for the offense.
1601 (d) Except as otherwise provided in this division, if the 1602 amount of the drug involved equals or exceeds fifteen grams but 1603 is less than twenty grams of methamphetamine, trafficking in 1604 Sub.
If trafficking in 1606 methamphetamine is a felony of the second degree under this 1607 division and if the offender two or more times previously has 1608 Sub.
88 Page 56 As Reported by the House Judiciary Committee been convicted of or pleaded guilty to a felony drug abuse 1609 offense, the court shall impose as a mandatory prison term one 1610 of the prison terms prescribed for a felony of the second 1611 degree.
88 Page 56 As Passed by the House methamphetamine is a felony of the second degree and there is a 1605 presumption for a prison term for the offense.
If trafficking in 1606 methamphetamine is a felony of the second degree under this 1607 division and if the offender two or more times previously has 1608 been convicted of or pleaded guilty to a felony drug abuse 1609 offense, the court shall impose as a mandatory prison term one 1610 of the prison terms prescribed for a felony of the second 1611 degree.
1627 (f) If the amount of the drug involved equals or exceeds 1628 one hundred grams of methamphetamine and regardless of whether 1629 the offense was committed in the vicinity of a school, in the 1630 vicinity of a juvenile, or in the vicinity of a substance 1631 addiction services provider or a recovering addict, trafficking 1632 in methamphetamine is a felony of the first degree, the offender 1633 is a major drug offender, and the court shall impose as a 1634 mandatory prison term a maximum first degree felony mandatory 1635 prison term.
1627 (f) If the amount of the drug involved equals or exceeds 1628 one hundred grams of methamphetamine and regardless of whether 1629 the offense was committed in the vicinity of a school, in the 1630 vicinity of a juvenile, or in the vicinity of a substance 1631 addiction services provider or a recovering addict, trafficking 1632 in methamphetamine is a felony of the first degree, the offender 1633 is a major drug offender, and the court shall impose as a 1634 mandatory prison term a maximum first degree felony mandatory 1635 Sub.
1636 (D) In addition to any prison term authorized or required 1637 by division (C) of this section and sections 2929.13 and 2929.14 1638 Sub.
88 Page 57 As Reported by the House Judiciary Committee of the Revised Code, and in addition to any other sanction 1639 imposed for the offense under this section or sections 2929.11 1640 to 2929.18 of the Revised Code, the court that sentences an 1641 offender who is convicted of or pleads guilty to a violation of 1642 division (A) of this section may suspend the driver's or 1643 commercial driver's license or permit of the offender in 1644 accordance with division (G) of this section.
88 Page 57 As Passed by the House prison term.
1636 (D) In addition to any prison term authorized or required 1637 by division (C) of this section and sections 2929.13 and 2929.14 1638 of the Revised Code, and in addition to any other sanction 1639 imposed for the offense under this section or sections 2929.11 1640 to 2929.18 of the Revised Code, the court that sentences an 1641 offender who is convicted of or pleads guilty to a violation of 1642 division (A) of this section may suspend the driver's or 1643 commercial driver's license or permit of the offender in 1644 accordance with division (G) of this section.
If a person is charged with a 1662 violation of this section that is a felony of the first, second, 1663 or third degree, posts bail, and forfeits the bail, the clerk of 1664 the court shall pay the forfeited bail pursuant to divisions (D) 1665 (1) and (F) of this section, as if the forfeited bail was a fine 1666 imposed for a violation of this section.
If a person is charged with a 1662 violation of this section that is a felony of the first, second, 1663 or third degree, posts bail, and forfeits the bail, the clerk of 1664 the court shall pay the forfeited bail pursuant to divisions (D) 1665 (1) and (F) of this section, as if the forfeited bail was a fine 1666 Sub.
If any amount of the 1667 forfeited bail remains after that payment and if a fine is 1668 imposed under division (H)(1) of this section, the clerk of the 1669 Sub.
88 Page 58 As Reported by the House Judiciary Committee court shall pay the remaining amount of the forfeited bail 1670 pursuant to divisions (H)(2) and (3) of this section, as if that 1671 remaining amount was a fine imposed under division (H)(1) of 1672 this section.
88 Page 58 As Passed by the House imposed for a violation of this section.
If any amount of the 1667 forfeited bail remains after that payment and if a fine is 1668 imposed under division (H)(1) of this section, the clerk of the 1669 court shall pay the remaining amount of the forfeited bail 1670 pursuant to divisions (H)(2) and (3) of this section, as if that 1671 remaining amount was a fine imposed under division (H)(1) of 1672 this section.
1688 (F)(1) Notwithstanding any contrary provision of section 1689 3719.21 of the Revised Code and except as provided in division 1690 (H) of this section, the clerk of the court shall pay any 1691 mandatory fine imposed pursuant to division (D)(1) of this 1692 section and any fine other than a mandatory fine that is imposed 1693 for a violation of this section pursuant to division (A) or (B) 1694 (5) of section 2929.18 of the Revised Code to the county, 1695 township, municipal corporation, park district, as created 1696 pursuant to section 511.18 or 1545.04 of the Revised Code, or 1697 state law enforcement agencies in this state that primarily were 1698 responsible for or involved in making the arrest of, and in 1699 Sub.
1688 (F)(1) Notwithstanding any contrary provision of section 1689 3719.21 of the Revised Code and except as provided in division 1690 (H) of this section, the clerk of the court shall pay any 1691 mandatory fine imposed pursuant to division (D)(1) of this 1692 section and any fine other than a mandatory fine that is imposed 1693 for a violation of this section pursuant to division (A) or (B) 1694 (5) of section 2929.18 of the Revised Code to the county, 1695 township, municipal corporation, park district, as created 1696 Sub.
88 Page 59 As Reported by the House Judiciary Committee prosecuting, the offender.
88 Page 59 As Passed by the House pursuant to section 511.18 or 1545.04 of the Revised Code, or 1697 state law enforcement agencies in this state that primarily were 1698 responsible for or involved in making the arrest of, and in 1699 prosecuting, the offender.
1727 (a) "Law enforcement agencies" includes, but is not 1728 limited to, the state board of pharmacy and the office of a 1729 Sub.
1727 Sub.
88 Page 60 As Reported by the House Judiciary Committee prosecutor.
88 Page 60 As Passed by the House (a) "Law enforcement agencies" includes, but is not 1728 limited to, the state board of pharmacy and the office of a 1729 prosecutor.
1757 Upon the filing of a motion under division (G)(2) of this 1758 section, the sentencing court, in its discretion, may terminate 1759 Sub.
1757 Sub.
88 Page 61 As Reported by the House Judiciary Committee the suspension.
88 Page 61 As Passed by the House Upon the filing of a motion under division (G)(2) of this 1758 section, the sentencing court, in its discretion, may terminate 1759 the suspension.
No community addiction 1784 services provider shall be specified in the judgment unless the 1785 services provider is an eligible community addiction services 1786 provider and, except as otherwise provided in division (H)(2) of 1787 this section, unless the services provider is located in the 1788 county in which the court that imposes the fine is located or in 1789 a county that is immediately contiguous to the county in which 1790 Sub.
No community addiction 1784 services provider shall be specified in the judgment unless the 1785 services provider is an eligible community addiction services 1786 provider and, except as otherwise provided in division (H)(2) of 1787 this section, unless the services provider is located in the 1788 Sub.
88 Page 62 As Reported by the House Judiciary Committee that court is located.
88 Page 62 As Passed by the House county in which the court that imposes the fine is located or in 1789 a county that is immediately contiguous to the county in which 1790 that court is located.
The community addiction 1817 services provider shall file the report no later than the first 1818 day of March in the calendar year following the calendar year in 1819 which the services provider received the fine moneys.
The community addiction 1817 services provider shall file the report no later than the first 1818 day of March in the calendar year following the calendar year in 1819 Sub.
The report 1820 shall include statistics on the number of persons served by the 1821 Sub.
88 Page 63 As Reported by the House Judiciary Committee community addiction services provider, identify the types of 1822 alcohol and drug addiction services provided to those persons, 1823 and include a specific accounting of the purposes for which the 1824 fine moneys received were used.
88 Page 63 As Passed by the House which the services provider received the fine moneys.
The report 1820 shall include statistics on the number of persons served by the 1821 community addiction services provider, identify the types of 1822 alcohol and drug addiction services provided to those persons, 1823 and include a specific accounting of the purposes for which the 1824 fine moneys received were used.
1841 (J) It is an affirmative defense to a charge of 1842 trafficking in a controlled substance analog under division (C) 1843 (8) of this section that the person charged with violating that 1844 offense sold or offered to sell, or prepared for shipment, 1845 shipped, transported, delivered, prepared for distribution, or 1846 distributed one of the following items that are excluded from 1847 the meaning of "controlled substance analog" under section 1848 3719.01 of the Revised Code:
1841 (J) It is an affirmative defense to a charge of 1842 trafficking in a controlled substance analog under division (C) 1843 (8) of this section that the person charged with violating that 1844 offense sold or offered to sell, or prepared for shipment, 1845 shipped, transported, delivered, prepared for distribution, or 1846 distributed one of the following items that are excluded from 1847 the meaning of "controlled substance analog" under section 1848 Sub.
1849 (1) A controlled substance;
1850 Sub.
88 Page 64 As Reported by the House Judiciary Committee (2) Any substance for which there is an approved new drug 1851 application;
88 Page 64 As Passed by the House 3719.01 of the Revised Code:
1849 (1) A controlled substance;
1850 (2) Any substance for which there is an approved new drug 1851 application;
301, 1876 as amended, and is sold, offered for sale, prescribed, 1877 dispensed, or administered for that purpose in accordance with 1878 that act;
301, 1876 Sub.
1879 Sub.
88 Page 65 As Reported by the House Judiciary Committee (d) Any person who obtained the controlled substance 1880 pursuant to a prescription issued by a licensed health 1881 professional authorized to prescribe drugs if the prescription 1882 was issued for a legitimate medical purpose and not altered, 1883 forged, or obtained through deception or commission of a theft 1884 offense.
88 Page 65 As Passed by the House as amended, and is sold, offered for sale, prescribed, 1877 dispensed, or administered for that purpose in accordance with 1878 that act;
1879 (d) Any person who obtained the controlled substance 1880 pursuant to a prescription issued by a licensed health 1881 professional authorized to prescribe drugs if the prescription 1882 was issued for a legitimate medical purpose and not altered, 1883 forged, or obtained through deception or commission of a theft 1884 offense.
1902 (vii) "Public agency" has the same meaning as in section 1903 2930.01 of the Revised Code.
1902 (vii) "Public agency" has the same meaning as in section 1903 Sub.
1904 (viii) "Qualified individual" means a person who is acting 1905 in good faith who seeks or obtains medical assistance for 1906 Sub.
88 Page 66 As Reported by the House Judiciary Committee another person who is experiencing a drug overdose, a person who 1907 experiences a drug overdose and who seeks medical assistance for 1908 that overdose, or a person who is the subject of another person 1909 seeking or obtaining medical assistance for that overdose as 1910 described in division (B)(2)(b) of this section.
88 Page 66 As Passed by the House 2930.01 of the Revised Code.
1904 (viii) "Qualified individual" means a person who is acting 1905 in good faith who seeks or obtains medical assistance for 1906 another person who is experiencing a drug overdose, a person who 1907 experiences a drug overdose and who seeks medical assistance for 1908 that overdose, or a person who is the subject of another person 1909 seeking or obtaining medical assistance for that overdose as 1910 described in division (B)(2)(b) of this section.
1927 (ii) Subject to division (B)(2)(f) of this section, within 1928 thirty days after seeking or obtaining the medical assistance, 1929 the qualified individual seeks and obtains a screening and 1930 receives a referral for treatment from a community addiction 1931 services provider or a properly credentialed addiction treatment 1932 professional.
1927 (ii) Subject to division (B)(2)(f) of this section, within 1928 thirty days after seeking or obtaining the medical assistance, 1929 the qualified individual seeks and obtains a screening and 1930 receives a referral for treatment from a community addiction 1931 services provider or a properly credentialed addiction treatment 1932 Sub.
1933 (iii) Subject to division (B)(2)(f) of this section, the 1934 qualified individual who obtains a screening and receives a 1935 Sub.
88 Page 67 As Reported by the House Judiciary Committee referral for treatment under division (B)(2)(b)(ii) of this 1936 section, upon the request of any prosecuting attorney, submits 1937 documentation to the prosecuting attorney that verifies that the 1938 qualified individual satisfied the requirements of that 1939 division.
88 Page 67 As Passed by the House professional.
1933 (iii) Subject to division (B)(2)(f) of this section, the 1934 qualified individual who obtains a screening and receives a 1935 referral for treatment under division (B)(2)(b)(ii) of this 1936 section, upon the request of any prosecuting attorney, submits 1937 documentation to the prosecuting attorney that verifies that the 1938 qualified individual satisfied the requirements of that 1939 division.
1962 (ii) Limit any seizure of evidence or contraband otherwise 1963 permitted by law;
1962 Sub.
1964 Sub.
88 Page 68 As Reported by the House Judiciary Committee (iii) Limit or abridge the authority of a peace officer to 1965 detain or take into custody a person in the course of an 1966 investigation or to effectuate an arrest for any offense except 1967 as provided in that division;
88 Page 68 As Passed by the House (ii) Limit any seizure of evidence or contraband otherwise 1963 permitted by law;
1964 (iii) Limit or abridge the authority of a peace officer to 1965 detain or take into custody a person in the course of an 1966 investigation or to effectuate an arrest for any offense except 1967 as provided in that division;
1986 (1) If the drug involved in the violation is a compound, 1987 mixture, preparation, or substance included in schedule I or II, 1988 with the exception of marihuana, cocaine, L.S.D., heroin, any 1989 fentanyl-related compound, hashish, and any controlled substance 1990 analog, whoever violates division (A) of this section is guilty 1991 of aggravated possession of drugs.
1986 (1) If the drug involved in the violation is a compound, 1987 mixture, preparation, or substance included in schedule I or II, 1988 with the exception of marihuana, cocaine, L.S.D., heroin, any 1989 fentanyl-related compound, hashish, and any controlled substance 1990 analog, whoever violates division (A) of this section is guilty 1991 Sub.
The penalty for the offense 1992 shall be determined as follows:
1993 Sub.
88 Page 69 As Reported by the House Judiciary Committee (a) Except as otherwise provided in division (C)(1)(b), 1994 (c), (d), or (e) of this section, aggravated possession of drugs 1995 is a felony of the fifth degree, and division (B) of section 1996 2929.13 of the Revised Code applies in determining whether to 1997 impose a prison term on the offender.
88 Page 69 As Passed by the House of aggravated possession of drugs.
The penalty for the offense 1992 shall be determined as follows:
1993 (a) Except as otherwise provided in division (C)(1)(b), 1994 (c), (d), or (e) of this section, aggravated possession of drugs 1995 is a felony of the fifth degree, and division (B) of section 1996 2929.13 of the Revised Code applies in determining whether to 1997 impose a prison term on the offender.
2017 (2) If the drug involved in the violation is a compound, 2018 mixture, preparation, or substance included in schedule III, IV, 2019 or V, whoever violates division (A) of this section is guilty of 2020 possession of drugs.
2017 (2) If the drug involved in the violation is a compound, 2018 mixture, preparation, or substance included in schedule III, IV, 2019 or V, whoever violates division (A) of this section is guilty of 2020 Sub.
The penalty for the offense shall be 2021 determined as follows:
2022 Sub.
88 Page 70 As Reported by the House Judiciary Committee (a) Except as otherwise provided in division (C)(2)(b), 2023 (c), or (d) of this section, possession of drugs is a 2024 misdemeanor of the first degree or, if the offender previously 2025 has been convicted of a drug abuse offense, a felony of the 2026 fifth degree.
88 Page 70 As Passed by the House possession of drugs.
The penalty for the offense shall be 2021 determined as follows:
2022 (a) Except as otherwise provided in division (C)(2)(b), 2023 (c), or (d) of this section, possession of drugs is a 2024 misdemeanor of the first degree or, if the offender previously 2025 has been convicted of a drug abuse offense, a felony of the 2026 fifth degree.
2049 (b) If the amount of the drug involved equals or exceeds 2050 one hundred grams but is less than two hundred grams, possession 2051 Sub.
2049 Sub.
88 Page 71 As Reported by the House Judiciary Committee of marihuana is a misdemeanor of the fourth degree.
88 Page 71 As Passed by the House (b) If the amount of the drug involved equals or exceeds 2050 one hundred grams but is less than two hundred grams, possession 2051 of marihuana is a misdemeanor of the fourth degree.
2077 (4) If the drug involved in the violation is cocaine or a 2078 compound, mixture, preparation, or substance containing cocaine, 2079 whoever violates division (A) of this section is guilty of 2080 Sub.
2077 (4) If the drug involved in the violation is cocaine or a 2078 Sub.
88 Page 72 As Reported by the House Judiciary Committee possession of cocaine.
88 Page 72 As Passed by the House compound, mixture, preparation, or substance containing cocaine, 2079 whoever violates division (A) of this section is guilty of 2080 possession of cocaine.
2107 (e) If the amount of the drug involved equals or exceeds 2108 twenty-seven grams but is less than one hundred grams of 2109 Sub.
2107 Sub.
88 Page 73 As Reported by the House Judiciary Committee cocaine, possession of cocaine is a felony of the first degree, 2110 and the court shall impose as a mandatory prison term a first 2111 degree felony mandatory prison term.
88 Page 73 As Passed by the House (e) If the amount of the drug involved equals or exceeds 2108 twenty-seven grams but is less than one hundred grams of 2109 cocaine, possession of cocaine is a felony of the first degree, 2110 and the court shall impose as a mandatory prison term a first 2111 degree felony mandatory prison term.
involved equals or exceeds 2135 fifty unit doses, but is less than two hundred fifty unit doses 2136 of L.S.D.
involved equals or exceeds 2135 fifty unit doses, but is less than two hundred fifty unit doses 2136 Sub.
in a solid form or equals or exceeds five grams but is 2137 less than twenty-five grams of L.S.D.
in a liquid concentrate, 2138 Sub.
88 Page 74 As Reported by the House Judiciary Committee liquid extract, or liquid distillate form, possession of L.S.D.
88 Page 74 As Passed by the House of L.S.D.
in a solid form or equals or exceeds five grams but is 2137 less than twenty-five grams of L.S.D.
in a liquid concentrate, 2138 liquid extract, or liquid distillate form, possession of L.S.D.
2164 (6) If the drug involved in the violation is heroin or a 2165 compound, mixture, preparation, or substance containing heroin, 2166 whoever violates division (A) of this section is guilty of 2167 possession of heroin.
2164 (6) If the drug involved in the violation is heroin or a 2165 compound, mixture, preparation, or substance containing heroin, 2166 Sub.
The penalty for the offense shall be 2168 Sub.
88 Page 75 As Reported by the House Judiciary Committee determined as follows:
88 Page 75 As Passed by the House whoever violates division (A) of this section is guilty of 2167 possession of heroin.
The penalty for the offense shall be 2168 determined as follows:
2191 (e) If the amount of the drug involved equals or exceeds 2192 five hundred unit doses but is less than one thousand unit doses 2193 or equals or exceeds fifty grams but is less than one hundred 2194 grams, possession of heroin is a felony of the first degree, and 2195 the court shall impose as a mandatory prison term a first degree 2196 felony mandatory prison term.
2191 (e) If the amount of the drug involved equals or exceeds 2192 five hundred unit doses but is less than one thousand unit doses 2193 or equals or exceeds fifty grams but is less than one hundred 2194 grams, possession of heroin is a felony of the first degree, and 2195 Sub.
2197 Sub.
88 Page 76 As Reported by the House Judiciary Committee (f) If the amount of the drug involved equals or exceeds 2198 one thousand unit doses or equals or exceeds one hundred grams, 2199 possession of heroin is a felony of the first degree, the 2200 offender is a major drug offender, and the court shall impose as 2201 a mandatory prison term a maximum first degree felony mandatory 2202 prison term.
88 Page 76 As Passed by the House the court shall impose as a mandatory prison term a first degree 2196 felony mandatory prison term.
2197 (f) If the amount of the drug involved equals or exceeds 2198 one thousand unit doses or equals or exceeds one hundred grams, 2199 possession of heroin is a felony of the first degree, the 2200 offender is a major drug offender, and the court shall impose as 2201 a mandatory prison term a maximum first degree felony mandatory 2202 prison term.
2217 (c) If the amount of the drug involved equals or exceeds 2218 ten grams but is less than fifty grams of hashish in a solid 2219 form or equals or exceeds two grams but is less than ten grams 2220 of hashish in a liquid concentrate, liquid extract, or liquid 2221 distillate form, possession of hashish is a felony of the fifth 2222 degree, and division (B) of section 2929.13 of the Revised Code 2223 applies in determining whether to impose a prison term on the 2224 offender.
2217 (c) If the amount of the drug involved equals or exceeds 2218 ten grams but is less than fifty grams of hashish in a solid 2219 form or equals or exceeds two grams but is less than ten grams 2220 of hashish in a liquid concentrate, liquid extract, or liquid 2221 distillate form, possession of hashish is a felony of the fifth 2222 degree, and division (B) of section 2929.13 of the Revised Code 2223 applies in determining whether to impose a prison term on the 2224 Sub.
2225 (d) If the amount of the drug involved equals or exceeds 2226 Sub.
88 Page 77 As Reported by the House Judiciary Committee fifty grams but is less than two hundred fifty grams of hashish 2227 in a solid form or equals or exceeds ten grams but is less than 2228 fifty grams of hashish in a liquid concentrate, liquid extract, 2229 or liquid distillate form, possession of hashish is a felony of 2230 the third degree, and division (C) of section 2929.13 of the 2231 Revised Code applies in determining whether to impose a prison 2232 term on the offender.
88 Page 77 As Passed by the House offender.
2225 (d) If the amount of the drug involved equals or exceeds 2226 fifty grams but is less than two hundred fifty grams of hashish 2227 in a solid form or equals or exceeds ten grams but is less than 2228 fifty grams of hashish in a liquid concentrate, liquid extract, 2229 or liquid distillate form, possession of hashish is a felony of 2230 the third degree, and division (C) of section 2929.13 of the 2231 Revised Code applies in determining whether to impose a prison 2232 term on the offender.
2249 (g) If the amount of the drug involved equals or exceeds 2250 two thousand grams of hashish in a solid form or equals or 2251 exceeds four hundred grams of hashish in a liquid concentrate, 2252 liquid extract, or liquid distillate form, possession of hashish 2253 is a felony of the second degree, and the court shall impose as 2254 a mandatory prison term a maximum second degree felony mandatory 2255 prison term.
2249 (g) If the amount of the drug involved equals or exceeds 2250 two thousand grams of hashish in a solid form or equals or 2251 exceeds four hundred grams of hashish in a liquid concentrate, 2252 liquid extract, or liquid distillate form, possession of hashish 2253 is a felony of the second degree, and the court shall impose as 2254 Sub.
2256 Sub.
88 Page 78 As Reported by the House Judiciary Committee (8) If the drug involved is a controlled substance analog 2257 or compound, mixture, preparation, or substance that contains a 2258 controlled substance analog, whoever violates division (A) of 2259 this section is guilty of possession of a controlled substance 2260 analog.
88 Page 78 As Passed by the House a mandatory prison term a maximum second degree felony mandatory 2255 prison term.
2256 (8) If the drug involved is a controlled substance analog 2257 or compound, mixture, preparation, or substance that contains a 2258 controlled substance analog, whoever violates division (A) of 2259 this section is guilty of possession of a controlled substance 2260 analog.
2280 (e) If the amount of the drug involved equals or exceeds 2281 forty grams but is less than fifty grams, possession of a 2282 controlled substance analog is a felony of the first degree, and 2283 the court shall impose as a mandatory prison term a first degree 2284 felony mandatory prison term.
2280 (e) If the amount of the drug involved equals or exceeds 2281 forty grams but is less than fifty grams, possession of a 2282 controlled substance analog is a felony of the first degree, and 2283 Sub.
2285 Sub.
88 Page 79 As Reported by the House Judiciary Committee (f) If the amount of the drug involved equals or exceeds 2286 fifty grams, possession of a controlled substance analog is a 2287 felony of the first degree, the offender is a major drug 2288 offender, and the court shall impose as a mandatory prison term 2289 a maximum first degree felony mandatory prison term.
88 Page 79 As Passed by the House the court shall impose as a mandatory prison term a first degree 2284 felony mandatory prison term.
2285 (f) If the amount of the drug involved equals or exceeds 2286 fifty grams, possession of a controlled substance analog is a 2287 felony of the first degree, the offender is a major drug 2288 offender, and the court shall impose as a mandatory prison term 2289 a maximum first degree felony mandatory prison term.
2308 (10) If the drug involved in the violation is a compound, 2309 mixture, preparation, or substance that is a combination of a 2310 fentanyl-related compound and any schedule III, schedule IV, or 2311 schedule V controlled substance that is not a fentanyl-related 2312 compound, one of the following applies:
2308 (10) If the drug involved in the violation is a compound, 2309 mixture, preparation, or substance that is a combination of a 2310 fentanyl-related compound and any schedule III, schedule IV, or 2311 schedule V controlled substance that is not a fentanyl-related 2312 Sub.
2313 (a) Except as otherwise provided in division (C)(10)(b) of 2314 Sub.
88 Page 80 As Reported by the House Judiciary Committee this section, the offender is guilty of possession of drugs and 2315 shall be punished as provided in division (C)(2) of this 2316 section.
88 Page 80 As Passed by the House compound, one of the following applies:
2313 (a) Except as otherwise provided in division (C)(10)(b) of 2314 this section, the offender is guilty of possession of drugs and 2315 shall be punished as provided in division (C)(2) of this 2316 section.
2338 (a) Except as otherwise provided in division (C)(11)(b)(C) 2339 (9)(b), (c), (d), (e), (f), or (g) of this section, possession 2340 of a fentanyl-related compound is a felony of the fifth degree, 2341 and division (B) of section 2929.13 of the Revised Code applies 2342 in determining whether to impose a prison term on the offender.
2338 (a) Except as otherwise provided in division (C)(11)(b)(C) 2339 (9)(b), (c), (d), (e), (f), or (g) of this section, possession 2340 of a fentanyl-related compound is a felony of the fifth degree, 2341 and division (B) of section 2929.13 of the Revised Code applies 2342 Sub.
2343 (b) If the amount of the drug involved equals or exceeds 2344 Sub.
88 Page 81 As Reported by the House Judiciary Committee ten unit doses but is less than fifty unit doses or equals or 2345 exceeds one gram but is less than five grams, possession of a 2346 fentanyl-related compound is a felony of the fourth degree, and 2347 division (C) of section 2929.13 of the Revised Code applies in 2348 determining whether to impose a prison term on the offender.
88 Page 81 As Passed by the House in determining whether to impose a prison term on the offender.
2343 (b) If the amount of the drug involved equals or exceeds 2344 ten unit doses but is less than fifty unit doses or equals or 2345 exceeds one gram but is less than five grams, possession of a 2346 fentanyl-related compound is a felony of the fourth degree, and 2347 division (C) of section 2929.13 of the Revised Code applies in 2348 determining whether to impose a prison term on the offender.
2369 (f) If the amount of the drug involved equals or exceeds 2370 five hundred unit doses but is less than one thousand unit doses 2371 or equals or exceeds fifty grams but is less than one hundred 2372 grams, possession of a fentanyl-related compound is a felony of 2373 the first degree, and the court shall impose as a mandatory 2374 Sub.
2369 (f) If the amount of the drug involved equals or exceeds 2370 five hundred unit doses but is less than one thousand unit doses 2371 Sub.
88 Page 82 As Reported by the House Judiciary Committee prison term the maximum prison term prescribed for a felony of 2375 the first degree.
88 Page 82 As Passed by the House or equals or exceeds fifty grams but is less than one hundred 2372 grams, possession of a fentanyl-related compound is a felony of 2373 the first degree, and the court shall impose as a mandatory 2374 prison term the maximum prison term prescribed for a felony of 2375 the first degree.
2396 (1)(a) If the violation is a felony of the first, second, 2397 or third degree, the court shall impose upon the offender the 2398 mandatory fine specified for the offense under division (B)(1) 2399 of section 2929.18 of the Revised Code unless, as specified in 2400 that division, the court determines that the offender is 2401 indigent.
2396 (1)(a) If the violation is a felony of the first, second, 2397 or third degree, the court shall impose upon the offender the 2398 mandatory fine specified for the offense under division (B)(1) 2399 of section 2929.18 of the Revised Code unless, as specified in 2400 that division, the court determines that the offender is 2401 Sub.
2402 (b) Notwithstanding any contrary provision of section 2403 Sub.
88 Page 83 As Reported by the House Judiciary Committee 3719.21 of the Revised Code, the clerk of the court shall pay a 2404 mandatory fine or other fine imposed for a violation of this 2405 section pursuant to division (A) of section 2929.18 of the 2406 Revised Code in accordance with and subject to the requirements 2407 of division (F) of section 2925.03 of the Revised Code.
88 Page 83 As Passed by the House indigent.
2402 (b) Notwithstanding any contrary provision of section 2403 3719.21 of the Revised Code, the clerk of the court shall pay a 2404 mandatory fine or other fine imposed for a violation of this 2405 section pursuant to division (A) of section 2929.18 of the 2406 Revised Code in accordance with and subject to the requirements 2407 of division (F) of section 2925.03 of the Revised Code.
Notwithstanding any contrary 2430 provision of this section, if, in accordance with section 2431 2901.05 of the Revised Code, an accused who is charged with a 2432 fourth degree felony violation of division (C)(2), (4), (5), or 2433 Sub.
Notwithstanding any contrary 2430 Sub.
88 Page 84 As Reported by the House Judiciary Committee (6) of this section sustains the burden of going forward with 2434 evidence of and establishes by a preponderance of the evidence 2435 the affirmative defense described in this division, the accused 2436 may be prosecuted for and may plead guilty to or be convicted of 2437 a misdemeanor violation of division (C)(2) of this section or a 2438 fifth degree felony violation of division (C)(4), (5), or (6) of 2439 this section respectively.
88 Page 84 As Passed by the House provision of this section, if, in accordance with section 2431 2901.05 of the Revised Code, an accused who is charged with a 2432 fourth degree felony violation of division (C)(2), (4), (5), or 2433 (6) of this section sustains the burden of going forward with 2434 evidence of and establishes by a preponderance of the evidence 2435 the affirmative defense described in this division, the accused 2436 may be prosecuted for and may plead guilty to or be convicted of 2437 a misdemeanor violation of division (C)(2) of this section or a 2438 fifth degree felony violation of division (C)(4), (5), or (6) of 2439 this section respectively.
2458 (I) Any offender who received a mandatory suspension of 2459 the offender's driver's or commercial driver's license or permit 2460 under this section prior to September 13, 2016, may file a 2461 motion with the sentencing court requesting the termination of 2462 Sub.
2458 (I) Any offender who received a mandatory suspension of 2459 Sub.
88 Page 85 As Reported by the House Judiciary Committee the suspension.
88 Page 85 As Passed by the House the offender's driver's or commercial driver's license or permit 2460 under this section prior to September 13, 2016, may file a 2461 motion with the sentencing court requesting the termination of 2462 the suspension.
2482 (1)(a) For a felony of the first degree committed on or 2483 after March 22, 2019, the prison term shall be an indefinite 2484 prison term with a stated minimum term selected by the court of 2485 three, four, five, six, seven, eight, nine, ten, or eleven years 2486 and a maximum term that is determined pursuant to section 2487 2929.144 of the Revised Code, except that if the section that 2488 criminalizes the conduct constituting the felony specifies a 2489 different minimum term or penalty for the offense, the specific 2490 language of that section shall control in determining the 2491 minimum term or otherwise sentencing the offender but the 2492 Sub.
2482 (1)(a) For a felony of the first degree committed on or 2483 after March 22, 2019, the prison term shall be an indefinite 2484 prison term with a stated minimum term selected by the court of 2485 three, four, five, six, seven, eight, nine, ten, or eleven years 2486 and a maximum term that is determined pursuant to section 2487 2929.144 of the Revised Code, except that if the section that 2488 criminalizes the conduct constituting the felony specifies a 2489 Sub.
88 Page 86 As Reported by the House Judiciary Committee minimum term or sentence imposed under that specific language 2493 shall be considered for purposes of the Revised Code as if it 2494 had been imposed under this division.
88 Page 86 As Passed by the House different minimum term or penalty for the offense, the specific 2490 language of that section shall control in determining the 2491 minimum term or otherwise sentencing the offender but the 2492 minimum term or sentence imposed under that specific language 2493 shall be considered for purposes of the Revised Code as if it 2494 had been imposed under this division.
2515 (3)(a) For a felony of the third degree that is a 2516 violation of section 2903.06, 2903.08, 2907.03, 2907.04, 2517 2907.05, 2907.321, 2907.322, 2907.323, or 3795.04 of the Revised 2518 Code, that is a violation of division (C)(9)(d) of section 2519 2925.03 of the Revised Code, that is a violation of division (A) 2520 of section 4511.19 of the Revised Code if the offender 2521 previously has been convicted of or pleaded guilty to a 2522 Sub.
2515 (3)(a) For a felony of the third degree that is a 2516 violation of section 2903.06, 2903.08, 2907.03, 2907.04, 2517 2907.05, 2907.321, 2907.322, 2907.323, or 3795.04 of the Revised 2518 Code, that is a violation of division (C)(9)(d) of section 2519 Sub.
88 Page 87 As Reported by the House Judiciary Committee violation of division (A) of that section that was a felony, 2523 that is a violation of section 2911.02 or 2911.12 of the Revised 2524 Code if the offender previously has been convicted of or pleaded 2525 guilty in two or more separate proceedings to two or more 2526 violations of section 2911.01, 2911.02, 2911.11, or 2911.12 of 2527 the Revised Code, or that is a violation of division (B) of 2528 section 2921.331 of the Revised Code if division (C)(5) of that 2529 section applies, the prison term shall be a definite term of 2530 twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, 2531 forty-eight, fifty-four, or sixty months.
88 Page 87 As Passed by the House 2925.03 of the Revised Code, that is a violation of division (A) 2520 of section 4511.19 of the Revised Code if the offender 2521 previously has been convicted of or pleaded guilty to a 2522 violation of division (A) of that section that was a felony, 2523 that is a violation of section 2911.02 or 2911.12 of the Revised 2524 Code if the offender previously has been convicted of or pleaded 2525 guilty in two or more separate proceedings to two or more 2526 violations of section 2911.01, 2911.02, 2911.11, or 2911.12 of 2527 the Revised Code, or that is a violation of division (B) of 2528 section 2921.331 of the Revised Code if division (C)(5) of that 2529 section applies, the prison term shall be a definite term of 2530 twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, 2531 forty-eight, fifty-four, or sixty months.
2549 (i) A prison term of six years if the specification is of 2550 the type described in division (A) of section 2941.144 of the 2551 Sub.
2549 Sub.
88 Page 88 As Reported by the House Judiciary Committee Revised Code that charges the offender with having a firearm 2552 that is an automatic firearm or that was equipped with a firearm 2553 muffler or suppressor on or about the offender's person or under 2554 the offender's control while committing the offense;
88 Page 88 As Passed by the House (i) A prison term of six years if the specification is of 2550 the type described in division (A) of section 2941.144 of the 2551 Revised Code that charges the offender with having a firearm 2552 that is an automatic firearm or that was equipped with a firearm 2553 muffler or suppressor on or about the offender's person or under 2554 the offender's control while committing the offense;
2577 (v) A prison term of fifty-four months if the 2578 specification is of the type described in division (D) of 2579 section 2941.145 of the Revised Code that charges the offender 2580 with having a firearm on or about the offender's person or under 2581 Sub.
2577 (v) A prison term of fifty-four months if the 2578 specification is of the type described in division (D) of 2579 Sub.
88 Page 89 As Reported by the House Judiciary Committee the offender's control while committing the offense and 2582 displaying the firearm, brandishing the firearm, indicating that 2583 the offender possessed the firearm, or using the firearm to 2584 facilitate the offense and that the offender previously has been 2585 convicted of or pleaded guilty to a specification of the type 2586 described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2587 2941.1412 of the Revised Code;
88 Page 89 As Passed by the House section 2941.145 of the Revised Code that charges the offender 2580 with having a firearm on or about the offender's person or under 2581 the offender's control while committing the offense and 2582 displaying the firearm, brandishing the firearm, indicating that 2583 the offender possessed the firearm, or using the firearm to 2584 facilitate the offense and that the offender previously has been 2585 convicted of or pleaded guilty to a specification of the type 2586 described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2587 2941.1412 of the Revised Code;
2605 (c)(i) Except as provided in division (B)(1)(e) of this 2606 section, if an offender who is convicted of or pleads guilty to 2607 a violation of section 2923.161 of the Revised Code or to a 2608 felony that includes, as an essential element, purposely or 2609 knowingly causing or attempting to cause the death of or 2610 physical harm to another, also is convicted of or pleads guilty 2611 Sub.
2605 (c)(i) Except as provided in division (B)(1)(e) of this 2606 section, if an offender who is convicted of or pleads guilty to 2607 a violation of section 2923.161 of the Revised Code or to a 2608 felony that includes, as an essential element, purposely or 2609 Sub.
88 Page 90 As Reported by the House Judiciary Committee to a specification of the type described in division (A) of 2612 section 2941.146 of the Revised Code that charges the offender 2613 with committing the offense by discharging a firearm from a 2614 motor vehicle other than a manufactured home, the court, after 2615 imposing a prison term on the offender for the violation of 2616 section 2923.161 of the Revised Code or for the other felony 2617 offense under division (A), (B)(2), or (B)(3) of this section, 2618 shall impose an additional prison term of five years upon the 2619 offender that shall not be reduced pursuant to section 2929.20, 2620 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 2621 other provision of Chapter 2967.
88 Page 90 As Passed by the House knowingly causing or attempting to cause the death of or 2610 physical harm to another, also is convicted of or pleads guilty 2611 to a specification of the type described in division (A) of 2612 section 2941.146 of the Revised Code that charges the offender 2613 with committing the offense by discharging a firearm from a 2614 motor vehicle other than a manufactured home, the court, after 2615 imposing a prison term on the offender for the violation of 2616 section 2923.161 of the Revised Code or for the other felony 2617 offense under division (A), (B)(2), or (B)(3) of this section, 2618 shall impose an additional prison term of five years upon the 2619 offender that shall not be reduced pursuant to section 2929.20, 2620 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 2621 other provision of Chapter 2967.
2623 (ii) Except as provided in division (B)(1)(e) of this 2624 section, if an offender who is convicted of or pleads guilty to 2625 a violation of section 2923.161 of the Revised Code or to a 2626 felony that includes, as an essential element, purposely or 2627 knowingly causing or attempting to cause the death of or 2628 physical harm to another, also is convicted of or pleads guilty 2629 to a specification of the type described in division (C) of 2630 section 2941.146 of the Revised Code that charges the offender 2631 with committing the offense by discharging a firearm from a 2632 motor vehicle other than a manufactured home and that the 2633 offender previously has been convicted of or pleaded guilty to a 2634 specification of the type described in section 2941.141, 2635 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code, 2636 the court, after imposing a prison term on the offender for the 2637 violation of section 2923.161 of the Revised Code or for the 2638 other felony offense under division (A), (B)(2), or (3) of this 2639 section, shall impose an additional prison term of ninety months 2640 upon the offender that shall not be reduced pursuant to section 2641 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 2642 Sub.
2623 (ii) Except as provided in division (B)(1)(e) of this 2624 section, if an offender who is convicted of or pleads guilty to 2625 a violation of section 2923.161 of the Revised Code or to a 2626 felony that includes, as an essential element, purposely or 2627 knowingly causing or attempting to cause the death of or 2628 physical harm to another, also is convicted of or pleads guilty 2629 to a specification of the type described in division (C) of 2630 section 2941.146 of the Revised Code that charges the offender 2631 with committing the offense by discharging a firearm from a 2632 motor vehicle other than a manufactured home and that the 2633 offender previously has been convicted of or pleaded guilty to a 2634 specification of the type described in section 2941.141, 2635 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code, 2636 the court, after imposing a prison term on the offender for the 2637 violation of section 2923.161 of the Revised Code or for the 2638 other felony offense under division (A), (B)(2), or (3) of this 2639 section, shall impose an additional prison term of ninety months 2640 Sub.
88 Page 91 As Reported by the House Judiciary Committee or any other provision of Chapter 2967.
88 Page 91 As Passed by the House upon the offender that shall not be reduced pursuant to section 2641 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 2642 or any other provision of Chapter 2967.
2670 (e) The court shall not impose any of the prison terms 2671 described in division (B)(1)(a) of this section or any of the 2672 Sub.
2670 Sub.
88 Page 92 As Reported by the House Judiciary Committee additional prison terms described in division (B)(1)(c) of this 2673 section upon an offender for a violation of section 2923.12 or 2674 2923.123 of the Revised Code.
88 Page 92 As Passed by the House (e) The court shall not impose any of the prison terms 2671 described in division (B)(1)(a) of this section or any of the 2672 additional prison terms described in division (B)(1)(c) of this 2673 section upon an offender for a violation of section 2923.12 or 2674 2923.123 of the Revised Code.
2690 (f)(i) If an offender is convicted of or pleads guilty to 2691 a felony that includes, as an essential element, causing or 2692 attempting to cause the death of or physical harm to another and 2693 also is convicted of or pleads guilty to a specification of the 2694 type described in division (A) of section 2941.1412 of the 2695 Revised Code that charges the offender with committing the 2696 offense by discharging a firearm at a peace officer as defined 2697 in section 2935.01 of the Revised Code or a corrections officer, 2698 as defined in section 2941.1412 of the Revised Code, the court, 2699 after imposing a prison term on the offender for the felony 2700 offense under division (A), (B)(2), or (B)(3) of this section, 2701 shall impose an additional prison term of seven years upon the 2702 Sub.
2690 (f)(i) If an offender is convicted of or pleads guilty to 2691 a felony that includes, as an essential element, causing or 2692 attempting to cause the death of or physical harm to another and 2693 also is convicted of or pleads guilty to a specification of the 2694 type described in division (A) of section 2941.1412 of the 2695 Revised Code that charges the offender with committing the 2696 offense by discharging a firearm at a peace officer as defined 2697 in section 2935.01 of the Revised Code or a corrections officer, 2698 as defined in section 2941.1412 of the Revised Code, the court, 2699 after imposing a prison term on the offender for the felony 2700 Sub.
88 Page 93 As Reported by the House Judiciary Committee offender that shall not be reduced pursuant to section 2929.20, 2703 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 2704 other provision of Chapter 2967.
88 Page 93 As Passed by the House offense under division (A), (B)(2), or (B)(3) of this section, 2701 shall impose an additional prison term of seven years upon the 2702 offender that shall not be reduced pursuant to section 2929.20, 2703 division (A)(2) or (3) of section 2967.193 or 2967.194, or any 2704 other provision of Chapter 2967.
2725 (iii) If an offender is convicted of or pleads guilty to 2726 two or more felonies that include, as an essential element, 2727 causing or attempting to cause the death or physical harm to 2728 another and also is convicted of or pleads guilty to a 2729 specification of the type described under division (B)(1)(f) of 2730 this section in connection with two or more of the felonies of 2731 which the offender is convicted or to which the offender pleads 2732 guilty, the sentencing court shall impose on the offender the 2733 Sub.
2725 (iii) If an offender is convicted of or pleads guilty to 2726 two or more felonies that include, as an essential element, 2727 causing or attempting to cause the death or physical harm to 2728 another and also is convicted of or pleads guilty to a 2729 specification of the type described under division (B)(1)(f) of 2730 this section in connection with two or more of the felonies of 2731 Sub.
88 Page 94 As Reported by the House Judiciary Committee prison term specified under division (B)(1)(f) of this section 2734 for each of two of the specifications of which the offender is 2735 convicted or to which the offender pleads guilty and, in its 2736 discretion, also may impose on the offender the prison term 2737 specified under that division for any or all of the remaining 2738 specifications.
88 Page 94 As Passed by the House which the offender is convicted or to which the offender pleads 2732 guilty, the sentencing court shall impose on the offender the 2733 prison term specified under division (B)(1)(f) of this section 2734 for each of two of the specifications of which the offender is 2735 convicted or to which the offender pleads guilty and, in its 2736 discretion, also may impose on the offender the prison term 2737 specified under that division for any or all of the remaining 2738 specifications.
2757 (2)(a) If division (B)(2)(b) of this section does not 2758 apply, the court may impose on an offender, in addition to the 2759 longest prison term authorized or required for the offense or, 2760 for offenses for which division (A)(1)(a) or (2)(a) of this 2761 section applies, in addition to the longest minimum prison term 2762 authorized or required for the offense, an additional definite 2763 prison term of one, two, three, four, five, six, seven, eight, 2764 Sub.
2757 (2)(a) If division (B)(2)(b) of this section does not 2758 apply, the court may impose on an offender, in addition to the 2759 longest prison term authorized or required for the offense or, 2760 for offenses for which division (A)(1)(a) or (2)(a) of this 2761 section applies, in addition to the longest minimum prison term 2762 Sub.
88 Page 95 As Reported by the House Judiciary Committee nine, or ten years if all of the following criteria are met:
88 Page 95 As Passed by the House authorized or required for the offense, an additional definite 2763 prison term of one, two, three, four, five, six, seven, eight, 2764 nine, or ten years if all of the following criteria are met:
2792 (v) The court finds that the prison terms imposed pursuant 2793 Sub.
2792 Sub.
88 Page 96 As Reported by the House Judiciary Committee to division (B)(2)(a)(iii) of this section and, if applicable, 2794 division (B)(1) or (3) of this section are demeaning to the 2795 seriousness of the offense, because one or more of the factors 2796 under section 2929.12 of the Revised Code indicating that the 2797 offender's conduct is more serious than conduct normally 2798 constituting the offense are present, and they outweigh the 2799 applicable factors under that section indicating that the 2800 offender's conduct is less serious than conduct normally 2801 constituting the offense.
88 Page 96 As Passed by the House (v) The court finds that the prison terms imposed pursuant 2793 to division (B)(2)(a)(iii) of this section and, if applicable, 2794 division (B)(1) or (3) of this section are demeaning to the 2795 seriousness of the offense, because one or more of the factors 2796 under section 2929.12 of the Revised Code indicating that the 2797 offender's conduct is more serious than conduct normally 2798 constituting the offense are present, and they outweigh the 2799 applicable factors under that section indicating that the 2800 offender's conduct is less serious than conduct normally 2801 constituting the offense.
2822 (iii) The offense or offenses of which the offender 2823 Sub.
2822 Sub.
88 Page 97 As Reported by the House Judiciary Committee currently is convicted or to which the offender currently pleads 2824 guilty is aggravated murder and the court does not impose a 2825 sentence of death or life imprisonment without parole, murder, 2826 terrorism and the court does not impose a sentence of life 2827 imprisonment without parole, any felony of the first degree that 2828 is an offense of violence and the court does not impose a 2829 sentence of life imprisonment without parole, or any felony of 2830 the second degree that is an offense of violence and the trier 2831 of fact finds that the offense involved an attempt to cause or a 2832 threat to cause serious physical harm to a person or resulted in 2833 serious physical harm to a person.
88 Page 97 As Passed by the House (iii) The offense or offenses of which the offender 2823 currently is convicted or to which the offender currently pleads 2824 guilty is aggravated murder and the court does not impose a 2825 sentence of death or life imprisonment without parole, murder, 2826 terrorism and the court does not impose a sentence of life 2827 imprisonment without parole, any felony of the first degree that 2828 is an offense of violence and the court does not impose a 2829 sentence of life imprisonment without parole, or any felony of 2830 the second degree that is an offense of violence and the trier 2831 of fact finds that the offense involved an attempt to cause or a 2832 threat to cause serious physical harm to a person or resulted in 2833 serious physical harm to a person.
2848 (3) Except when an offender commits a violation of section 2849 2903.01 or 2907.02 of the Revised Code and the penalty imposed 2850 for the violation is life imprisonment or commits a violation of 2851 section 2903.02 of the Revised Code, if the offender commits a 2852 violation of section 2925.03 or 2925.11 of the Revised Code and 2853 Sub.
2848 (3) Except when an offender commits a violation of section 2849 2903.01 or 2907.02 of the Revised Code and the penalty imposed 2850 for the violation is life imprisonment or commits a violation of 2851 section 2903.02 of the Revised Code, if the offender commits a 2852 Sub.
88 Page 98 As Reported by the House Judiciary Committee that section classifies the offender as a major drug offender, 2854 if the offender commits a violation of section 2925.05 of the 2855 Revised Code and division (E)(1) of that section classifies the 2856 offender as a major drug offender, if the offender commits a 2857 felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 2858 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, 2859 division (C) or (D) of section 3719.172, division (E) of section 2860 4729.51, or division (J) of section 4729.54 of the Revised Code 2861 that includes the sale, offer to sell, or possession of a 2862 schedule I or II controlled substance, with the exception of 2863 marihuana, and the court imposing sentence upon the offender 2864 finds that the offender is guilty of a specification of the type 2865 described in division (A) of section 2941.1410 of the Revised 2866 Code charging that the offender is a major drug offender, if the 2867 court imposing sentence upon an offender for a felony finds that 2868 the offender is guilty of corrupt activity with the most serious 2869 offense in the pattern of corrupt activity being a felony of the 2870 first degree, or if the offender is guilty of an attempted 2871 violation of section 2907.02 of the Revised Code and, had the 2872 offender completed the violation of section 2907.02 of the 2873 Revised Code that was attempted, the offender would have been 2874 subject to a sentence of life imprisonment or life imprisonment 2875 without parole for the violation of section 2907.02 of the 2876 Revised Code, the court shall impose upon the offender for the 2877 felony violation a mandatory prison term determined as described 2878 in this division that cannot be reduced pursuant to section 2879 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 2880 or any other provision of Chapter 2967.
88 Page 98 As Passed by the House violation of section 2925.03 or 2925.11 of the Revised Code and 2853 that section classifies the offender as a major drug offender, 2854 if the offender commits a violation of section 2925.05 of the 2855 Revised Code and division (E)(1) of that section classifies the 2856 offender as a major drug offender, if the offender commits a 2857 felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 2858 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, 2859 division (C) or (D) of section 3719.172, division (E) of section 2860 4729.51, or division (J) of section 4729.54 of the Revised Code 2861 that includes the sale, offer to sell, or possession of a 2862 schedule I or II controlled substance, with the exception of 2863 marihuana, and the court imposing sentence upon the offender 2864 finds that the offender is guilty of a specification of the type 2865 described in division (A) of section 2941.1410 of the Revised 2866 Code charging that the offender is a major drug offender, if the 2867 court imposing sentence upon an offender for a felony finds that 2868 the offender is guilty of corrupt activity with the most serious 2869 offense in the pattern of corrupt activity being a felony of the 2870 first degree, or if the offender is guilty of an attempted 2871 violation of section 2907.02 of the Revised Code and, had the 2872 offender completed the violation of section 2907.02 of the 2873 Revised Code that was attempted, the offender would have been 2874 subject to a sentence of life imprisonment or life imprisonment 2875 without parole for the violation of section 2907.02 of the 2876 Revised Code, the court shall impose upon the offender for the 2877 felony violation a mandatory prison term determined as described 2878 in this division that cannot be reduced pursuant to section 2879 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 2880 or any other provision of Chapter 2967.
The mandatory prison term shall be the maximum definite 2882 prison term prescribed in division (A)(1)(b) of this section for 2883 a felony of the first degree, except that for offenses for which 2884 division (A)(1)(a) of this section applies, the mandatory prison 2885 Sub.
The mandatory prison term shall be the maximum definite 2882 prison term prescribed in division (A)(1)(b) of this section for 2883 a felony of the first degree, except that for offenses for which 2884 Sub.
88 Page 99 As Reported by the House Judiciary Committee term shall be the longest minimum prison term prescribed in that 2886 division for the offense.
88 Page 99 As Passed by the House division (A)(1)(a) of this section applies, the mandatory prison 2885 term shall be the longest minimum prison term prescribed in that 2886 division for the offense.
In 2912 addition to the mandatory prison term or mandatory and 2913 additional prison term imposed as described in division (B)(4) 2914 of this section, the court also may sentence the offender to a 2915 community control sanction under section 2929.16 or 2929.17 of 2916 Sub.
In 2912 addition to the mandatory prison term or mandatory and 2913 additional prison term imposed as described in division (B)(4) 2914 of this section, the court also may sentence the offender to a 2915 Sub.
88 Page 100 As Reported by the House Judiciary Committee the Revised Code, but the offender shall serve all of the prison 2917 terms so imposed prior to serving the community control 2918 sanction.
88 Page 100 As Passed by the House community control sanction under section 2929.16 or 2929.17 of 2916 the Revised Code, but the offender shall serve all of the prison 2917 terms so imposed prior to serving the community control 2918 sanction.
2942 (6) If an offender is convicted of or pleads guilty to a 2943 violation of division (A)(1) or (2) of section 2903.06 of the 2944 Revised Code and also is convicted of or pleads guilty to a 2945 specification of the type described in section 2941.1415 of the 2946 Sub.
2942 (6) If an offender is convicted of or pleads guilty to a 2943 violation of division (A)(1) or (2) of section 2903.06 of the 2944 Revised Code and also is convicted of or pleads guilty to a 2945 Sub.
88 Page 101 As Reported by the House Judiciary Committee Revised Code that charges that the offender previously has been 2947 convicted of or pleaded guilty to three or more violations of 2948 division (A) of section 4511.19 of the Revised Code or an 2949 equivalent offense, as defined in section 2941.1415 of the 2950 Revised Code, or three or more violations of any combination of 2951 those offenses, the court shall impose on the offender a prison 2952 term of three years.
88 Page 101 As Passed by the House specification of the type described in section 2941.1415 of the 2946 Revised Code that charges that the offender previously has been 2947 convicted of or pleaded guilty to three or more violations of 2948 division (A) of section 4511.19 of the Revised Code or an 2949 equivalent offense, as defined in section 2941.1415 of the 2950 Revised Code, or three or more violations of any combination of 2951 those offenses, the court shall impose on the offender a prison 2952 term of three years.
88 Page 102 As Reported by the House Judiciary Committee (ii) If the offense is a felony of the second or third 2977 degree, a definite prison term of not less than three years and 2978 not greater than the maximum prison term allowed for the offense 2979 by division (A)(2)(b) or (3) of this section, except that if the 2980 offense is a felony of the second degree committed on or after 2981 March 22, 2019, the court shall impose as the minimum prison 2982 term a mandatory term of not less than three years and not 2983 greater than eight years;
88 Page 102 As Passed by the House (ii) If the offense is a felony of the second or third 2977 degree, a definite prison term of not less than three years and 2978 not greater than the maximum prison term allowed for the offense 2979 by division (A)(2)(b) or (3) of this section, except that if the 2980 offense is a felony of the second degree committed on or after 2981 March 22, 2019, the court shall impose as the minimum prison 2982 term a mandatory term of not less than three years and not 2983 greater than eight years;
88 Page 103 As Reported by the House Judiciary Committee terms prescribed in division (A) of this section for felonies of 3007 the same degree as the violation, except that if the violation 3008 is a felony of the first or second degree committed on or after 3009 arch March 22, 2019, the court shall impose as the minimum 3010 prison term under division (A)(1)(a) or (2)(a) of this section a 3011 mandatory term that is one of the terms prescribed in that 3012 division, whichever is applicable, for the offense.
88 Page 103 As Passed by the House terms prescribed in division (A) of this section for felonies of 3007 the same degree as the violation, except that if the violation 3008 is a felony of the first or second degree committed on or after 3009 arch March 22, 2019, the court shall impose as the minimum 3010 prison term under division (A)(1)(a) or (2)(a) of this section a 3011 mandatory term that is one of the terms prescribed in that 3012 division, whichever is applicable, for the offense.
88 Page 104 As Reported by the House Judiciary Committee section 2967.193 or 2967.194, or any other provision of Chapter 3037 2967.
88 Page 104 As Passed by the House section 2967.193 or 2967.194, or any other provision of Chapter 3037 2967.
88 Page 105 As Reported by the House Judiciary Committee the Revised Code or a felony violation of section 2925.11 of the 3067 Revised Code for which division (C)(11)(C)(9) of that section 3068 applies in determining the sentence for the violation, if the 3069 drug involved in the violation is a fentanyl-related compound or 3070 a compound, mixture, preparation, or substance containing a 3071 fentanyl-related compound, and if the offender also is convicted 3072 of or pleads guilty to a specification of the type described in 3073 division (B) of section 2941.1410 of the Revised Code that 3074 charges that the offender is a major drug offender, in addition 3075 to any other penalty imposed for the violation, the court shall 3076 impose on the offender a mandatory prison term of three, four, 3077 five, six, seven, or eight years.
88 Page 105 As Passed by the House the Revised Code or a felony violation of section 2925.11 of the 3067 Revised Code for which division (C)(11)(C)(9) of that section 3068 applies in determining the sentence for the violation, if the 3069 drug involved in the violation is a fentanyl-related compound or 3070 a compound, mixture, preparation, or substance containing a 3071 fentanyl-related compound, and if the offender also is convicted 3072 of or pleads guilty to a specification of the type described in 3073 division (B) of section 2941.1410 of the Revised Code that 3074 charges that the offender is a major drug offender, in addition 3075 to any other penalty imposed for the violation, the court shall 3076 impose on the offender a mandatory prison term of three, four, 3077 five, six, seven, or eight years.
88 Page 106 As Reported by the House Judiciary Committee while committing a felony, if a mandatory prison term is imposed 3097 upon an offender pursuant to division (B)(1)(c) of this section 3098 for committing a felony specified in that division by 3099 discharging a firearm from a motor vehicle, or if both types of 3100 mandatory prison terms are imposed, the offender shall serve any 3101 mandatory prison term imposed under either division 3102 consecutively to any other mandatory prison term imposed under 3103 either division or under division (B)(1)(d) of this section, 3104 consecutively to and prior to any prison term imposed for the 3105 underlying felony pursuant to division (A), (B)(2), or (B)(3) of 3106 this section or any other section of the Revised Code, and 3107 consecutively to any other prison term or mandatory prison term 3108 previously or subsequently imposed upon the offender.
88 Page 106 As Passed by the House while committing a felony, if a mandatory prison term is imposed 3097 upon an offender pursuant to division (B)(1)(c) of this section 3098 for committing a felony specified in that division by 3099 discharging a firearm from a motor vehicle, or if both types of 3100 mandatory prison terms are imposed, the offender shall serve any 3101 mandatory prison term imposed under either division 3102 consecutively to any other mandatory prison term imposed under 3103 either division or under division (B)(1)(d) of this section, 3104 consecutively to and prior to any prison term imposed for the 3105 underlying felony pursuant to division (A), (B)(2), or (B)(3) of 3106 this section or any other section of the Revised Code, and 3107 consecutively to any other prison term or mandatory prison term 3108 previously or subsequently imposed upon the offender.
88 Page 107 As Reported by the House Judiciary Committee subsequently imposed upon the offender.
88 Page 107 As Passed by the House subsequently imposed upon the offender.
88 Page 108 As Reported by the House Judiciary Committee committed that offense and to any other prison term previously 3158 or subsequently imposed upon the offender.
88 Page 108 As Passed by the House committed that offense and to any other prison term previously 3158 or subsequently imposed upon the offender.
88 Page 109 As Reported by the House Judiciary Committee (c) The offender's history of criminal conduct 3188 demonstrates that consecutive sentences are necessary to protect 3189 the public from future crime by the offender.
88 Page 109 As Passed by the House (c) The offender's history of criminal conduct 3188 demonstrates that consecutive sentences are necessary to protect 3189 the public from future crime by the offender.
88 Page 110 As Reported by the House Judiciary Committee serve that mandatory prison term consecutively to and prior to 3218 any prison term imposed for the underlying felonious assault.
88 Page 110 As Passed by the House serve that mandatory prison term consecutively to and prior to 3218 any prison term imposed for the underlying felonious assault.
88 Page 111 As Reported by the House Judiciary Committee section that sets forth the offense or any other Revised Code 3248 provision to impose a mandatory prison term for the offense, the 3249 court shall impose the required mandatory prison term as the 3250 minimum term imposed under division (A)(1)(a) or (2)(a) of this 3251 section, whichever is applicable.
88 Page 111 As Passed by the House section that sets forth the offense or any other Revised Code 3248 provision to impose a mandatory prison term for the offense, the 3249 court shall impose the required mandatory prison term as the 3250 minimum term imposed under division (A)(1)(a) or (2)(a) of this 3251 section, whichever is applicable.
88 Page 112 As Reported by the House Judiciary Committee 2929.191 of the Revised Code applies if, prior to July 11, 2006, 3279 a court imposed a sentence including a prison term of a type 3280 described in this division and failed to include in the sentence 3281 pursuant to this division a statement regarding post-release 3282 control.
88 Page 112 As Passed by the House 2929.191 of the Revised Code applies if, prior to July 11, 2006, 3279 a court imposed a sentence including a prison term of a type 3280 described in this division and failed to include in the sentence 3281 pursuant to this division a statement regarding post-release 3282 control.
88 Page 113 As Reported by the House Judiciary Committee after January 1, 2008, and that section requires the court to 3308 sentence the offender pursuant to section 2971.03 of the Revised 3309 Code.
88 Page 113 As Passed by the House after January 1, 2008, and that section requires the court to 3308 sentence the offender pursuant to section 2971.03 of the Revised 3309 Code.
88 Page 114 As Reported by the House Judiciary Committee additional prison term of one, two, or three years.
88 Page 114 As Passed by the House additional prison term of one, two, or three years.
88 Page 115 As Reported by the House Judiciary Committee (b) In lieu of imposing an additional prison term under 3367 division (H)(2)(a) of this section, the court may directly 3368 impose on the offender a sanction that requires the offender to 3369 wear a real-time processing, continual tracking electronic 3370 monitoring device during the period of time specified by the 3371 court.
88 Page 115 As Passed by the House (b) In lieu of imposing an additional prison term under 3367 division (H)(2)(a) of this section, the court may directly 3368 impose on the offender a sanction that requires the offender to 3369 wear a real-time processing, continual tracking electronic 3370 monitoring device during the period of time specified by the 3371 court.
88 Page 116 As Reported by the House Judiciary Committee offender in a program or prison of that nature unless the 3398 department determines as specified in section 5120.031 or 3399 5120.032 of the Revised Code, whichever is applicable, that the 3400 offender is eligible for the placement.
88 Page 116 As Passed by the House offender in a program or prison of that nature unless the 3398 department determines as specified in section 5120.031 or 3399 5120.032 of the Revised Code, whichever is applicable, that the 3400 offender is eligible for the placement.
88 Page 117 As Reported by the House Judiciary Committee notify the court of the proposed placement of the offender as 3428 specified in section 5120.031 or 5120.032 of the Revised Code 3429 and shall include with the notice a brief description of the 3430 placement.
88 Page 117 As Passed by the House notify the court of the proposed placement of the offender as 3428 specified in section 5120.031 or 5120.032 of the Revised Code 3429 and shall include with the notice a brief description of the 3430 placement.
88 Page 118 As Reported by the House Judiciary Committee (2) As used in division (K)(1) of this section, "violent 3458 career criminal" and "violent felony offense" have the same 3459 meanings as in section 2923.132 of the Revised Code.
88 Page 118 As Passed by the House (2) As used in division (K)(1) of this section, "violent 3458 career criminal" and "violent felony offense" have the same 3459 meanings as in section 2923.132 of the Revised Code.
88 Page 119 As Reported by the House Judiciary Committee name when appropriate) further find and specify that (set forth 3487 that the victim's death was consistent with opioid overdose and 3488 fentanyl or a fentanyl-related compound was present in the 3489 victim's body in lethal amounts)." 3490 Sec.
88 Page 119 As Passed by the House name when appropriate) further find and specify that (set forth 3487 that the victim's death was consistent with opioid overdose and 3488 fentanyl or a fentanyl-related compound was present in the 3489 victim's body in lethal amounts)." 3490 Sec.
88 Page 120 As Reported by the House Judiciary Committee (a) The nutritive value of foods, including natural and 3515 organically produced foods, the relation of nutrition to health, 3516 and the use and effects of food additives;
88 Page 120 As Passed by the House (a) The nutritive value of foods, including natural and 3515 organically produced foods, the relation of nutrition to health, 3516 and the use and effects of food additives;
88 Page 121 As Reported by the House Judiciary Committee and sexual violence prevention education, which shall include 3544 instruction in recognizing dating violence warning signs and 3545 characteristics of healthy relationships, except that upon 3546 written request of the student's parent or guardian a student 3547 shall be excused from taking instruction in sexual violence 3548 prevention.
88 Page 121 As Passed by the House and sexual violence prevention education, which shall include 3544 instruction in recognizing dating violence warning signs and 3545 characteristics of healthy relationships, except that upon 3546 written request of the student's parent or guardian a student 3547 shall be excused from taking instruction in sexual violence 3548 prevention.
88 Page 122 As Reported by the House Judiciary Committee If the parent or legal guardian of a student less than 3573 eighteen years of age submits to the principal of the student's 3574 school a written request to examine the dating violence 3575 prevention and sexual violence prevention instruction materials 3576 used at that school, the principal, within forty-eight hours 3577 after the request is made, shall allow the parent or guardian to 3578 examine those materials at that school.
88 Page 122 As Passed by the House If the parent or legal guardian of a student less than 3573 eighteen years of age submits to the principal of the student's 3574 school a written request to examine the dating violence 3575 prevention and sexual violence prevention instruction materials 3576 used at that school, the principal, within forty-eight hours 3577 after the request is made, shall allow the parent or guardian to 3578 examine those materials at that school.
88 Page 123 As Reported by the House Judiciary Committee instruction in social inclusion.
88 Page 123 As Passed by the House instruction in social inclusion.
88 Page 124 As Reported by the House Judiciary Committee each of American history and government.
88 Page 124 As Passed by the House each of American history and government.
88 Page 125 As Reported by the House Judiciary Committee (1) Any survey or questionnaire, prior to its 3661 administration to the child;
88 Page 125 As Passed by the House (1) Any survey or questionnaire, prior to its 3661 administration to the child;
88 Page 126 As Reported by the House Judiciary Committee (b) How often fentanyl is placed in drugs without a 3689 person's knowledge;
88 Page 126 As Passed by the House (b) How often fentanyl is placed in drugs without a 3689 person's knowledge;
88 Page 127 As Reported by the House Judiciary Committee shall designate a week during the school year to be known as 3716 "fentanyl poisoning awareness week" to educate students about 3717 the dangers posed by the drug fentanyl and the risk of fentanyl 3718 poisoning, including overdose.
88 Page 127 As Passed by the House shall designate a week during the school year to be known as 3716 "fentanyl poisoning awareness week" to educate students about 3717 the dangers posed by the drug fentanyl and the risk of fentanyl 3718 poisoning, including overdose.
88 Page 128 As Reported by the House Judiciary Committee all applicable report card measures set forth in section 3302.03 3744 or 3314.017 of the Revised Code, by which the success of the 3745 school will be evaluated by the sponsor;
88 Page 128 As Passed by the House all applicable report card measures set forth in section 3302.03 3744 or 3314.017 of the Revised Code, by which the success of the 3745 school will be evaluated by the sponsor;
88 Page 129 As Reported by the House Judiciary Committee that are paid by the school;
88 Page 129 As Passed by the House that are paid by the school;
88 Page 130 As Reported by the House Judiciary Committee 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 3800 3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3801 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3802 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3803 3313.6031, 3313.6032, 3313.643, 3313.648, 3313.6411, 3313.6413, 3804 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3805 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3806 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3807 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3808 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3809 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3810 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3811 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3812 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3813 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 3814 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3815 3742., 4112., 4123., 4141., and 4167.
88 Page 130 As Passed by the House 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 3800 3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3801 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3802 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3803 3313.6031, 3313.6032, 3313.643, 3313.648, 3313.6411, 3313.6413, 3804 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3805 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3806 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3807 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3808 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3809 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3810 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3811 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3812 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3813 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 3814 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3815 3742., 4112., 4123., 4141., and 4167.
88 Page 131 As Reported by the House Judiciary Committee the Revised Code or any rules of the department.
88 Page 131 As Passed by the House the Revised Code or any rules of the department.
88 Page 132 As Reported by the House Judiciary Committee (i) If the school is the recipient of moneys from a grant 3861 awarded under the federal race to the top program, Division (A), 3862 Title XIV, Sections 14005 and 14006 of the "American Recovery 3863 and Reinvestment Act of 2009," Pub.
88 Page 132 As Passed by the House (i) If the school is the recipient of moneys from a grant 3861 awarded under the federal race to the top program, Division (A), 3862 Title XIV, Sections 14005 and 14006 of the "American Recovery 3863 and Reinvestment Act of 2009," Pub.
88 Page 133 As Reported by the House Judiciary Committee (E) of this section.
88 Page 133 As Passed by the House (E) of this section.
88 Page 134 As Reported by the House Judiciary Committee sole discretion of the authority, shall do one of the following:
88 Page 134 As Passed by the House sole discretion of the authority, shall do one of the following:
88 Page 135 As Reported by the House Judiciary Committee be offered to students including both classroom-based and non- 3947 classroom-based learning opportunities that is in compliance 3948 with criteria for student participation established by the 3949 department under division (H)(2) of section 3314.08 of the 3950 Revised Code;
88 Page 135 As Passed by the House be offered to students including both classroom-based and non- 3947 classroom-based learning opportunities that is in compliance 3948 with criteria for student participation established by the 3949 department under division (H)(2) of section 3314.08 of the 3950 Revised Code;
88 Page 136 As Reported by the House Judiciary Committee the Revised Code;
88 Page 136 As Passed by the House the Revised Code;
88 Page 137 As Reported by the House Judiciary Committee contracted.
88 Page 137 As Passed by the House contracted.
88 Page 138 As Reported by the House Judiciary Committee (C) A contract entered into under section 3314.02 of the 4030 Revised Code between a sponsor and the governing authority of a 4031 community school may provide for the community school governing 4032 authority to make payments to the sponsor, which is hereby 4033 authorized to receive such payments as set forth in the contract 4034 between the governing authority and the sponsor.
88 Page 138 As Passed by the House (C) A contract entered into under section 3314.02 of the 4030 Revised Code between a sponsor and the governing authority of a 4031 community school may provide for the community school governing 4032 authority to make payments to the sponsor, which is hereby 4033 authorized to receive such payments as set forth in the contract 4034 between the governing authority and the sponsor.
88 Page 139 As Reported by the House Judiciary Committee of the Revised Code as determined necessary by the sponsor;
88 Page 139 As Passed by the House of the Revised Code as determined necessary by the sponsor;
88 Page 140 As Reported by the House Judiciary Committee 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 4089 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 4090 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 4091 3313.6028, 3313.6029, 3313.6031, 3313.6032, 3313.61, 3313.611, 4092 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 4093 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 4094 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 4095 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 4096 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 4097 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 4098 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 4099 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 4100 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 4101 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3320.01, 3320.02, 4102 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 4103 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 4104 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 4105 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 4106 3365., 3742., 4112., 4123., 4141., and 4167.
88 Page 140 As Passed by the House 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 4089 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 4090 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 4091 3313.6028, 3313.6029, 3313.6031, 3313.6032, 3313.61, 3313.611, 4092 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 4093 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 4094 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 4095 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 4096 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 4097 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 4098 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 4099 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 4100 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 4101 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3320.01, 3320.02, 4102 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 4103 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 4104 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 4105 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 4106 3365., 3742., 4112., 4123., 4141., and 4167.
88 Page 141 As Reported by the House Judiciary Committee if the school were a school district and the school's board of 4120 trustees were a district board of education.
88 Page 141 As Passed by the House if the school were a school district and the school's board of 4120 trustees were a district board of education.
88 Page 142 As Reported by the House Judiciary Committee (4) Detection of fentanyl in drugs and how to save someone 4147 from an overdose of fentanyl, which shall include instruction on 4148 how to do all of the following:
88 Page 142 As Passed by the House (4) Detection of fentanyl in drugs and how to save someone 4147 from an overdose of fentanyl, which shall include instruction on 4148 how to do all of the following:
88 Page 143 As Reported by the House Judiciary Committee days prior to the time of death;
88 Page 143 As Passed by the House days prior to the time of death;
88 Page 144 As Reported by the House Judiciary Committee be electronically certified by the individual who attests to the 4203 facts of death.
88 Page 144 As Passed by the House be electronically certified by the individual who attests to the 4203 facts of death.
88 Page 145 As Reported by the House Judiciary Committee 47, H.B.
88 Page 145 As Passed by the House 47, H.B.
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Action History

  1. As Passed by the House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 133 not signed on · 18 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (133)

133 members have not signed on to this bill.

Show all 133 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Reported

Failed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Republican 8100
Democratic 0400
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Beryl Brown Piccolantonio Democratic Nay
Desiree Tims Democratic Nay
Eric Synenberg Democratic Nay
Ismail Mohamed Democratic Nay
Adam Mathews Republican Yea
Brian Stewart Republican Yea
D. J. Swearingen Republican Yea
Jamie Callender Republican Nay
Jim Thomas Republican Yea
Josh Williams Republican Yea
Mike Odioso Republican Yea
Phil Plummer Republican Yea
Scott Oelslager Republican Yea

Official roll call →

Passed

Passed 71 Yea · 18 Nay
Party YeaNayPresentNot Voting
Republican 62100
Democratic 91700
Total 711800
% of votes cast 80%20%0%0%
How each member voted (89)
Member Party Vote
Ashley Bryant Bailey Democratic Nay
Beryl Brown Piccolantonio Democratic Nay
C. Allison Russo Democratic Yea
Cecil Thomas Democratic Yea
Crystal Lett Democratic Yea
Dani Isaacsohn Democratic Nay
Daniel P. Troy Democratic Yea
Darnell T. Brewer Democratic Nay
Derrick Hall Democratic Yea
Desiree Tims Democratic Nay
Eric Synenberg Democratic Nay
Erika White Democratic Nay
Ismail Mohamed Democratic Nay
Joseph A. Miller, III Democratic Yea
Juanita O. Brent Democratic Nay
Karen Brownlee Democratic Nay
Latyna M. Humphrey Democratic Nay
Lauren McNally Democratic Yea
Mark Sigrist Democratic Yea
Meredith R. Lawson-Rowe Democratic Nay
Munira Abdullahi Democratic Nay
Phillip M. Robinson, Jr. Democratic Nay
Rachel B. Baker Democratic Nay
Sean P. Brennan Democratic Yea
Terrence Upchurch Democratic Nay
Veronica R. Sims Democratic Nay
Adam C. Bird Republican Yea
Adam Holmes Republican Yea
Adam Mathews Republican Yea
Andrea White Republican Yea
Angela N. King Republican Yea
Bernard Willis Republican Yea
Bill Roemer Republican Yea
Bob Peterson Republican Yea
Brian Lampton Republican Yea
Brian Lorenz Republican Yea
Brian Stewart Republican Yea
Cindy Abrams Republican Yea
D. J. Swearingen Republican Yea
David Thomas Republican Yea
Diane Mullins Republican Yea
Gary Click Republican Yea
Gayle Manning Republican Yea
Haraz N. Ghanbari Republican Yea
Heidi Workman Republican Yea
Jack K. Daniels Republican Yea
James M. Hoops Republican Yea
Jamie Callender Republican Nay
Jason Stephens Republican Yea
Jean Schmidt Republican Yea
Jeff LaRe Republican Yea
Jennifer Gross Republican Yea
Jim Thomas Republican Yea
Jodi Salvo Republican Yea
Johnathan Newman Republican Yea
Josh Williams Republican Yea
Justin Pizzulli Republican Yea
Kellie Deeter Republican Yea
Kevin D. Miller Republican Yea
Kevin Ritter Republican Yea
Levi Dean Republican Yea
Marilyn John Republican Yea
Mark Hiner Republican Yea
Mark Johnson Republican Yea
Matt Huffman Republican Yea
Matthew Kishman Republican Yea
Melanie Miller Republican Yea
Meredith Craig Republican Yea
Michael D. Dovilla Republican Yea
Michelle Teska Republican Yea
Mike Odioso Republican Yea
Monica Robb Blasdel Republican Yea
Nick Santucci Republican Yea
Phil Plummer Republican Yea
Riordan T. McClain Republican Yea
Rodney Creech Republican Yea
Ron Ferguson Republican Yea
Roy Klopfenstein Republican Yea
Sarah Fowler Arthur Republican Yea
Scott Oelslager Republican Yea
Sharon A. Ray Republican Yea
Tex Fischer Republican Yea
Thaddeus J. Claggett Republican Yea
Thomas Hall Republican Yea
Tim Barhorst Republican Yea
Tom Young Republican Yea
Tracy M. Richardson Republican Yea
Ty D. Mathews Republican Yea
Ty Moore Republican Yea

Official roll call →

Subjects

public-safety civil-rights education
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Frequently asked questions

What does HB 88 do?
To amend sections 2923.31, 2925.01, 2925.03, 2925.11, 2929.14, 2941.1422, 3313.60, 3314.03, 3326.11, 3328.24, and 3705.08 and to enact sections 5.57, 2905.321, 2941.1427, 3313.6031, 3313.6032, and 3345.372 of the Revised Code to increase penalties for drug trafficking above certain amounts, to prohibit organized trafficking of persons, to require schools and institutions of higher education to incorporate instruction and policies on fentanyl awareness and abuse prevention, and to designate the month of August as "Fentanyl Poisoning Awareness Month."
Who sponsors HB 88?
HB 88 is sponsored by Cindy Abrams (Republican).
What is the current status of HB 88?
This bill has passed the House. Introduced February 11, 2025. It now moves to the second chamber.
Where can I track HB 88?
Track HB 88 free on One Click Politics — get push/email alerts when it moves.

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