As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 505


Representative Cera 


A BILL
To amend sections 2929.14, 2941.141, 2941.144, and 1
2941.145 of the Revised Code to increase to 10 2
years the mandatory prison term for a person who 3
is convicted of a felony and who possessed a 4
firearm while committing the felony, if the person 5
displayed or brandished the firearm, indicated 6
possession of it, or used it to facilitate the 7
felony or if the firearm was an automatic firearm 8
or was equipped with a muffler or silencer.9


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

       Section 1. That sections 2929.14, 2941.141, 2941.144, and 10
2941.145 of the Revised Code be amended to read as follows:11

       Sec. 2929.14.  (A) Except as provided in division (B)(1), 12
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), 13
(H), or (J) of this section or in division (D)(6) of section 14
2919.25 of the Revised Code and except in relation to an offense 15
for which a sentence of death or life imprisonment is to be 16
imposed, if the court imposing a sentence upon an offender for a 17
felony elects or is required to impose a prison term on the 18
offender pursuant to this chapter, the court shall impose a 19
definite prison term that shall be one of the following:20

       (1) For a felony of the first degree, the prison term shall 21
be three, four, five, six, seven, eight, nine, ten, or eleven 22
years.23

       (2) For a felony of the second degree, the prison term shall 24
be two, three, four, five, six, seven, or eight years.25

       (3)(a) For a felony of the third degree that is a violation 26
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the 27
Revised Code or that is a violation of section 2911.02 or 2911.12 28
of the Revised Code if the offender previously has been convicted 29
of or pleaded guilty in two or more separate proceedings to two or 30
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 31
of the Revised Code, the prison term shall be twelve, eighteen, 32
twenty-four, thirty, thirty-six, forty-two, forty-eight, 33
fifty-four, or sixty months.34

       (b) For a felony of the third degree that is not an offense 35
for which division (A)(3)(a) of this section applies, the prison 36
term shall be nine, twelve, eighteen, twenty-four, thirty, or 37
thirty-six months.38

       (4) For a felony of the fourth degree, the prison term shall 39
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 40
fourteen, fifteen, sixteen, seventeen, or eighteen months.41

       (5) For a felony of the fifth degree, the prison term shall 42
be six, seven, eight, nine, ten, eleven, or twelve months.43

       (B)(1)(a) Except as provided in division (B)(1)(e) of this 44
section, if an offender who is convicted of or pleads guilty to a 45
felony also is convicted of or pleads guilty to a specification of 46
the type described in section 2941.141, 2941.144, or 2941.145 of 47
the Revised Code, the court shall impose on the offender one of 48
the following prison terms:49

       (i) A prison term of sixten years if the specification is of 50
the type described in section 2941.144 of the Revised Code that 51
charges the offender with having a firearm that is an automatic 52
firearm or that was equipped with a firearm muffler or silencer on 53
or about the offender's person or under the offender's control 54
while committing the felony;55

       (ii) A prison term of threeten years if the specification is 56
of the type described in section 2941.145 of the Revised Code that 57
charges the offender with having a firearm on or about the 58
offender's person or under the offender's control while committing 59
the offense and displaying the firearm, brandishing the firearm, 60
indicating that the offender possessed the firearm, or using it to 61
facilitate the offense;62

       (iii) A prison term of one year if the specification is of 63
the type described in section 2941.141 of the Revised Code that 64
charges the offender with having a firearm on or about the 65
offender's person or under the offender's control while committing 66
the felony.67

       (b) If a court imposes a prison term on an offender under 68
division (B)(1)(a) of this section, the prison term shall not be 69
reduced pursuant to section 2967.19, section 2929.20, section 70
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 71
of the Revised Code. Except as provided in division (B)(1)(g) of 72
this section, a court shall not impose more than one prison term 73
on an offender under division (B)(1)(a) of this section for 74
felonies committed as part of the same act or transaction.75

       (c) Except as provided in division (B)(1)(e) of this section, 76
if an offender who is convicted of or pleads guilty to a violation 77
of section 2923.161 of the Revised Code or to a felony that 78
includes, as an essential element, purposely or knowingly causing 79
or attempting to cause the death of or physical harm to another, 80
also is convicted of or pleads guilty to a specification of the 81
type described in section 2941.146 of the Revised Code that 82
charges the offender with committing the offense by discharging a 83
firearm from a motor vehicle other than a manufactured home, the 84
court, after imposing a prison term on the offender for the 85
violation of section 2923.161 of the Revised Code or for the other 86
felony offense under division (A), (B)(2), or (B)(3) of this 87
section, shall impose an additional prison term of five years upon 88
the offender that shall not be reduced pursuant to section 89
2929.20, section 2967.19, section 2967.193, or any other provision 90
of Chapter 2967. or Chapter 5120. of the Revised Code. A court 91
shall not impose more than one additional prison term on an 92
offender under division (B)(1)(c) of this section for felonies 93
committed as part of the same act or transaction. If a court 94
imposes an additional prison term on an offender under division 95
(B)(1)(c) of this section relative to an offense, the court also 96
shall impose a prison term under division (B)(1)(a) of this 97
section relative to the same offense, provided the criteria 98
specified in that division for imposing an additional prison term 99
are satisfied relative to the offender and the offense.100

       (d) If an offender who is convicted of or pleads guilty to an 101
offense of violence that is a felony also is convicted of or 102
pleads guilty to a specification of the type described in section 103
2941.1411 of the Revised Code that charges the offender with 104
wearing or carrying body armor while committing the felony offense 105
of violence, the court shall impose on the offender a prison term 106
of two years. The prison term so imposed, subject to divisions (C) 107
to (I) of section 2967.19 of the Revised Code, shall not be 108
reduced pursuant to section 2929.20, section 2967.19, section 109
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 110
of the Revised Code. A court shall not impose more than one prison 111
term on an offender under division (B)(1)(d) of this section for 112
felonies committed as part of the same act or transaction. If a 113
court imposes an additional prison term under division (B)(1)(a) 114
or (c) of this section, the court is not precluded from imposing 115
an additional prison term under division (B)(1)(d) of this 116
section.117

       (e) The court shall not impose any of the prison terms 118
described in division (B)(1)(a) of this section or any of the 119
additional prison terms described in division (B)(1)(c) of this 120
section upon an offender for a violation of section 2923.12 or 121
2923.123 of the Revised Code. The court shall not impose any of 122
the prison terms described in division (B)(1)(a) or (b) of this 123
section upon an offender for a violation of section 2923.122 that 124
involves a deadly weapon that is a firearm other than a dangerous 125
ordnance, section 2923.16, or section 2923.121 of the Revised 126
Code. The court shall not impose any of the prison terms described 127
in division (B)(1)(a) of this section or any of the additional 128
prison terms described in division (B)(1)(c) of this section upon 129
an offender for a violation of section 2923.13 of the Revised Code 130
unless all of the following apply:131

       (i) The offender previously has been convicted of aggravated 132
murder, murder, or any felony of the first or second degree.133

       (ii) Less than five years have passed since the offender was 134
released from prison or post-release control, whichever is later, 135
for the prior offense.136

        (f) If an offender is convicted of or pleads guilty to a 137
felony that includes, as an essential element, causing or 138
attempting to cause the death of or physical harm to another and 139
also is convicted of or pleads guilty to a specification of the 140
type described in section 2941.1412 of the Revised Code that 141
charges the offender with committing the offense by discharging a 142
firearm at a peace officer as defined in section 2935.01 of the 143
Revised Code or a corrections officer, as defined in section 144
2941.1412 of the Revised Code, the court, after imposing a prison 145
term on the offender for the felony offense under division (A), 146
(B)(2), or (B)(3) of this section, shall impose an additional 147
prison term of seven years upon the offender that shall not be 148
reduced pursuant to section 2929.20, section 2967.19, section 149
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 150
of the Revised Code. If an offender is convicted of or pleads 151
guilty to two or more felonies that include, as an essential 152
element, causing or attempting to cause the death of or physical 153
harm to another and also is convicted of or pleads guilty to a 154
specification of the type described under division (B)(1)(f) of 155
this section in connection with two or more of the felonies of 156
which the offender is convicted or to which the offender pleads 157
guilty, the sentencing court shall impose on the offender the 158
prison term specified under division (B)(1)(f) of this section for 159
each of two of the specifications of which the offender is 160
convicted or to which the offender pleads guilty and, in its 161
discretion, also may impose on the offender the prison term 162
specified under that division for any or all of the remaining 163
specifications. If a court imposes an additional prison term on an 164
offender under division (B)(1)(f) of this section relative to an 165
offense, the court shall not impose a prison term under division 166
(B)(1)(a) or (c) of this section relative to the same offense.167

       (g) If an offender is convicted of or pleads guilty to two or 168
more felonies, if one or more of those felonies are aggravated 169
murder, murder, attempted aggravated murder, attempted murder, 170
aggravated robbery, felonious assault, or rape, and if the 171
offender is convicted of or pleads guilty to a specification of 172
the type described under division (B)(1)(a) of this section in 173
connection with two or more of the felonies, the sentencing court 174
shall impose on the offender the prison term specified under 175
division (B)(1)(a) of this section for each of the two most 176
serious specifications of which the offender is convicted or to 177
which the offender pleads guilty and, in its discretion, also may 178
impose on the offender the prison term specified under that 179
division for any or all of the remaining specifications.180

       (2)(a) If division (B)(2)(b) of this section does not apply, 181
the court may impose on an offender, in addition to the longest 182
prison term authorized or required for the offense, an additional 183
definite prison term of one, two, three, four, five, six, seven, 184
eight, nine, or ten years if all of the following criteria are 185
met:186

       (i) The offender is convicted of or pleads guilty to a 187
specification of the type described in section 2941.149 of the 188
Revised Code that the offender is a repeat violent offender.189

       (ii) The offense of which the offender currently is convicted 190
or to which the offender currently pleads guilty is aggravated 191
murder and the court does not impose a sentence of death or life 192
imprisonment without parole, murder, terrorism and the court does 193
not impose a sentence of life imprisonment without parole, any 194
felony of the first degree that is an offense of violence and the 195
court does not impose a sentence of life imprisonment without 196
parole, or any felony of the second degree that is an offense of 197
violence and the trier of fact finds that the offense involved an 198
attempt to cause or a threat to cause serious physical harm to a 199
person or resulted in serious physical harm to a person.200

       (iii) The court imposes the longest prison term for the 201
offense that is not life imprisonment without parole.202

       (iv) The court finds that the prison terms imposed pursuant 203
to division (B)(2)(a)(iii) of this section and, if applicable, 204
division (B)(1) or (3) of this section are inadequate to punish 205
the offender and protect the public from future crime, because the 206
applicable factors under section 2929.12 of the Revised Code 207
indicating a greater likelihood of recidivism outweigh the 208
applicable factors under that section indicating a lesser 209
likelihood of recidivism.210

       (v) The court finds that the prison terms imposed pursuant to 211
division (B)(2)(a)(iii) of this section and, if applicable, 212
division (B)(1) or (3) of this section are demeaning to the 213
seriousness of the offense, because one or more of the factors 214
under section 2929.12 of the Revised Code indicating that the 215
offender's conduct is more serious than conduct normally 216
constituting the offense are present, and they outweigh the 217
applicable factors under that section indicating that the 218
offender's conduct is less serious than conduct normally 219
constituting the offense.220

       (b) The court shall impose on an offender the longest prison 221
term authorized or required for the offense and shall impose on 222
the offender an additional definite prison term of one, two, 223
three, four, five, six, seven, eight, nine, or ten years if all of 224
the following criteria are met:225

       (i) The offender is convicted of or pleads guilty to a 226
specification of the type described in section 2941.149 of the 227
Revised Code that the offender is a repeat violent offender.228

       (ii) The offender within the preceding twenty years has been 229
convicted of or pleaded guilty to three or more offenses described 230
in division (CC)(1) of section 2929.01 of the Revised Code, 231
including all offenses described in that division of which the 232
offender is convicted or to which the offender pleads guilty in 233
the current prosecution and all offenses described in that 234
division of which the offender previously has been convicted or to 235
which the offender previously pleaded guilty, whether prosecuted 236
together or separately.237

       (iii) The offense or offenses of which the offender currently 238
is convicted or to which the offender currently pleads guilty is 239
aggravated murder and the court does not impose a sentence of 240
death or life imprisonment without parole, murder, terrorism and 241
the court does not impose a sentence of life imprisonment without 242
parole, any felony of the first degree that is an offense of 243
violence and the court does not impose a sentence of life 244
imprisonment without parole, or any felony of the second degree 245
that is an offense of violence and the trier of fact finds that 246
the offense involved an attempt to cause or a threat to cause 247
serious physical harm to a person or resulted in serious physical 248
harm to a person.249

       (c) For purposes of division (B)(2)(b) of this section, two 250
or more offenses committed at the same time or as part of the same 251
act or event shall be considered one offense, and that one offense 252
shall be the offense with the greatest penalty.253

       (d) A sentence imposed under division (B)(2)(a) or (b) of 254
this section shall not be reduced pursuant to section 2929.20, 255
section 2967.19, or section 2967.193, or any other provision of 256
Chapter 2967. or Chapter 5120. of the Revised Code. The offender 257
shall serve an additional prison term imposed under this section 258
consecutively to and prior to the prison term imposed for the 259
underlying offense.260

       (e) When imposing a sentence pursuant to division (B)(2)(a) 261
or (b) of this section, the court shall state its findings 262
explaining the imposed sentence.263

       (3) Except when an offender commits a violation of section 264
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 265
the violation is life imprisonment or commits a violation of 266
section 2903.02 of the Revised Code, if the offender commits a 267
violation of section 2925.03 or 2925.11 of the Revised Code and 268
that section classifies the offender as a major drug offender, if 269
the offender commits a felony violation of section 2925.02, 270
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 271
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 272
division (C) of section 4729.51, or division (J) of section 273
4729.54 of the Revised Code that includes the sale, offer to sell, 274
or possession of a schedule I or II controlled substance, with the 275
exception of marihuana, and the court imposing sentence upon the 276
offender finds that the offender is guilty of a specification of 277
the type described in section 2941.1410 of the Revised Code 278
charging that the offender is a major drug offender, if the court 279
imposing sentence upon an offender for a felony finds that the 280
offender is guilty of corrupt activity with the most serious 281
offense in the pattern of corrupt activity being a felony of the 282
first degree, or if the offender is guilty of an attempted 283
violation of section 2907.02 of the Revised Code and, had the 284
offender completed the violation of section 2907.02 of the Revised 285
Code that was attempted, the offender would have been subject to a 286
sentence of life imprisonment or life imprisonment without parole 287
for the violation of section 2907.02 of the Revised Code, the 288
court shall impose upon the offender for the felony violation a 289
mandatory prison term of the maximum prison term prescribed for a 290
felony of the first degree that, subject to divisions (C) to (I) 291
of section 2967.19 of the Revised Code, cannot be reduced pursuant 292
to section 2929.20, section 2967.19, or any other provision of 293
Chapter 2967. or 5120. of the Revised Code.294

       (4) If the offender is being sentenced for a third or fourth 295
degree felony OVI offense under division (G)(2) of section 2929.13 296
of the Revised Code, the sentencing court shall impose upon the 297
offender a mandatory prison term in accordance with that division. 298
In addition to the mandatory prison term, if the offender is being 299
sentenced for a fourth degree felony OVI offense, the court, 300
notwithstanding division (A)(4) of this section, may sentence the 301
offender to a definite prison term of not less than six months and 302
not more than thirty months, and if the offender is being 303
sentenced for a third degree felony OVI offense, the sentencing 304
court may sentence the offender to an additional prison term of 305
any duration specified in division (A)(3) of this section. In 306
either case, the additional prison term imposed shall be reduced 307
by the sixty or one hundred twenty days imposed upon the offender 308
as the mandatory prison term. The total of the additional prison 309
term imposed under division (B)(4) of this section plus the sixty 310
or one hundred twenty days imposed as the mandatory prison term 311
shall equal a definite term in the range of six months to thirty 312
months for a fourth degree felony OVI offense and shall equal one 313
of the authorized prison terms specified in division (A)(3) of 314
this section for a third degree felony OVI offense. If the court 315
imposes an additional prison term under division (B)(4) of this 316
section, the offender shall serve the additional prison term after 317
the offender has served the mandatory prison term required for the 318
offense. In addition to the mandatory prison term or mandatory and 319
additional prison term imposed as described in division (B)(4) of 320
this section, the court also may sentence the offender to a 321
community control sanction under section 2929.16 or 2929.17 of the 322
Revised Code, but the offender shall serve all of the prison terms 323
so imposed prior to serving the community control sanction.324

        If the offender is being sentenced for a fourth degree felony 325
OVI offense under division (G)(1) of section 2929.13 of the 326
Revised Code and the court imposes a mandatory term of local 327
incarceration, the court may impose a prison term as described in 328
division (A)(1) of that section.329

       (5) If an offender is convicted of or pleads guilty to a 330
violation of division (A)(1) or (2) of section 2903.06 of the 331
Revised Code and also is convicted of or pleads guilty to a 332
specification of the type described in section 2941.1414 of the 333
Revised Code that charges that the victim of the offense is a 334
peace officer, as defined in section 2935.01 of the Revised Code, 335
or an investigator of the bureau of criminal identification and 336
investigation, as defined in section 2903.11 of the Revised Code, 337
the court shall impose on the offender a prison term of five 338
years. If a court imposes a prison term on an offender under 339
division (B)(5) of this section, the prison term, subject to 340
divisions (C) to (I) of section 2967.19 of the Revised Code, shall 341
not be reduced pursuant to section 2929.20, section 2967.19, 342
section 2967.193, or any other provision of Chapter 2967. or 343
Chapter 5120. of the Revised Code. A court shall not impose more 344
than one prison term on an offender under division (B)(5) of this 345
section for felonies committed as part of the same act.346

        (6) If an offender is convicted of or pleads guilty to a 347
violation of division (A)(1) or (2) of section 2903.06 of the 348
Revised Code and also is convicted of or pleads guilty to a 349
specification of the type described in section 2941.1415 of the 350
Revised Code that charges that the offender previously has been 351
convicted of or pleaded guilty to three or more violations of 352
division (A) or (B) of section 4511.19 of the Revised Code or an 353
equivalent offense, as defined in section 2941.1415 of the Revised 354
Code, or three or more violations of any combination of those 355
divisions and offenses, the court shall impose on the offender a 356
prison term of three years. If a court imposes a prison term on an 357
offender under division (B)(6) of this section, the prison term, 358
subject to divisions (C) to (I) of section 2967.19 of the Revised 359
Code, shall not be reduced pursuant to section 2929.20, section 360
2967.19, section 2967.193, or any other provision of Chapter 2967. 361
or Chapter 5120. of the Revised Code. A court shall not impose 362
more than one prison term on an offender under division (B)(6) of 363
this section for felonies committed as part of the same act.364

       (7)(a) If an offender is convicted of or pleads guilty to a 365
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 366
2923.32, division (A)(1) or (2) of section 2907.323, or division 367
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised 368
Code and also is convicted of or pleads guilty to a specification 369
of the type described in section 2941.1422 of the Revised Code 370
that charges that the offender knowingly committed the offense in 371
furtherance of human trafficking, the court shall impose on the 372
offender a mandatory prison term that is one of the following:373

       (i) If the offense is a felony of the first degree, a 374
definite prison term of not less than five years and not greater 375
than ten years;376

       (ii) If the offense is a felony of the second or third 377
degree, a definite prison term of not less than three years and 378
not greater than the maximum prison term allowed for the offense 379
by division (A) of this section 2929.14 of the Revised Code;380

       (iii) If the offense is a felony of the fourth or fifth 381
degree, a definite prison term that is the maximum prison term 382
allowed for the offense by division (A) of this section 2929.14 of 383
the Revised Code.384

       (b) Subject to divisions (C) to (I) of section 2967.19 of the 385
Revised Code, the prison term imposed under division (B)(7)(a) of 386
this section shall not be reduced pursuant to section 2929.20, 387
section 2967.19, section 2967.193, or any other provision of 388
Chapter 2967. of the Revised Code. A court shall not impose more 389
than one prison term on an offender under division (B)(7)(a) of 390
this section for felonies committed as part of the same act, 391
scheme, or plan.392

       (8) If an offender is convicted of or pleads guilty to a 393
felony violation of section 2903.11, 2903.12, or 2903.13 of the 394
Revised Code and also is convicted of or pleads guilty to a 395
specification of the type described in section 2941.1423 of the 396
Revised Code that charges that the victim of the violation was a 397
woman whom the offender knew was pregnant at the time of the 398
violation, notwithstanding the range of prison terms prescribed in 399
division (A) of this section for felonies of the same degree as 400
the violation, the court shall impose on the offender a mandatory 401
prison term that is either a definite prison term of six months or 402
one of the prison terms prescribed in this section 2929.14 of the 403
Revised Code for felonies of the same degree as the violation.404

       (C)(1)(a) Subject to division (C)(1)(b) of this section, if a 405
mandatory prison term is imposed upon an offender pursuant to 406
division (B)(1)(a) of this section for having a firearm on or 407
about the offender's person or under the offender's control while 408
committing a felony, if a mandatory prison term is imposed upon an 409
offender pursuant to division (B)(1)(c) of this section for 410
committing a felony specified in that division by discharging a 411
firearm from a motor vehicle, or if both types of mandatory prison 412
terms are imposed, the offender shall serve any mandatory prison 413
term imposed under either division consecutively to any other 414
mandatory prison term imposed under either division or under 415
division (B)(1)(d) of this section, consecutively to and prior to 416
any prison term imposed for the underlying felony pursuant to 417
division (A), (B)(2), or (B)(3) of this section or any other 418
section of the Revised Code, and consecutively to any other prison 419
term or mandatory prison term previously or subsequently imposed 420
upon the offender.421

       (b) If a mandatory prison term is imposed upon an offender 422
pursuant to division (B)(1)(d) of this section for wearing or 423
carrying body armor while committing an offense of violence that 424
is a felony, the offender shall serve the mandatory term so 425
imposed consecutively to any other mandatory prison term imposed 426
under that division or under division (B)(1)(a) or (c) of this 427
section, consecutively to and prior to any prison term imposed for 428
the underlying felony under division (A), (B)(2), or (B)(3) of 429
this section or any other section of the Revised Code, and 430
consecutively to any other prison term or mandatory prison term 431
previously or subsequently imposed upon the offender.432

       (c) If a mandatory prison term is imposed upon an offender 433
pursuant to division (B)(1)(f) of this section, the offender shall 434
serve the mandatory prison term so imposed consecutively to and 435
prior to any prison term imposed for the underlying felony under 436
division (A), (B)(2), or (B)(3) of this section or any other 437
section of the Revised Code, and consecutively to any other prison 438
term or mandatory prison term previously or subsequently imposed 439
upon the offender.440

       (d) If a mandatory prison term is imposed upon an offender 441
pursuant to division (B)(7) or (8) of this section, the offender 442
shall serve the mandatory prison term so imposed consecutively to 443
any other mandatory prison term imposed under that division or 444
under any other provision of law and consecutively to any other 445
prison term or mandatory prison term previously or subsequently 446
imposed upon the offender.447

       (2) If an offender who is an inmate in a jail, prison, or 448
other residential detention facility violates section 2917.02, 449
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) 450
of section 2921.34 of the Revised Code, if an offender who is 451
under detention at a detention facility commits a felony violation 452
of section 2923.131 of the Revised Code, or if an offender who is 453
an inmate in a jail, prison, or other residential detention 454
facility or is under detention at a detention facility commits 455
another felony while the offender is an escapee in violation of 456
division (A)(1) or (2) of section 2921.34 of the Revised Code, any 457
prison term imposed upon the offender for one of those violations 458
shall be served by the offender consecutively to the prison term 459
or term of imprisonment the offender was serving when the offender 460
committed that offense and to any other prison term previously or 461
subsequently imposed upon the offender.462

       (3) If a prison term is imposed for a violation of division 463
(B) of section 2911.01 of the Revised Code, a violation of 464
division (A) of section 2913.02 of the Revised Code in which the 465
stolen property is a firearm or dangerous ordnance, or a felony 466
violation of division (B) of section 2921.331 of the Revised Code, 467
the offender shall serve that prison term consecutively to any 468
other prison term or mandatory prison term previously or 469
subsequently imposed upon the offender.470

       (4) If multiple prison terms are imposed on an offender for 471
convictions of multiple offenses, the court may require the 472
offender to serve the prison terms consecutively if the court 473
finds that the consecutive service is necessary to protect the 474
public from future crime or to punish the offender and that 475
consecutive sentences are not disproportionate to the seriousness 476
of the offender's conduct and to the danger the offender poses to 477
the public, and if the court also finds any of the following:478

       (a) The offender committed one or more of the multiple 479
offenses while the offender was awaiting trial or sentencing, was 480
under a sanction imposed pursuant to section 2929.16, 2929.17, or 481
2929.18 of the Revised Code, or was under post-release control for 482
a prior offense. 483

       (b) At least two of the multiple offenses were committed as 484
part of one or more courses of conduct, and the harm caused by two 485
or more of the multiple offenses so committed was so great or 486
unusual that no single prison term for any of the offenses 487
committed as part of any of the courses of conduct adequately 488
reflects the seriousness of the offender's conduct. 489

       (c) The offender's history of criminal conduct demonstrates 490
that consecutive sentences are necessary to protect the public 491
from future crime by the offender. 492

       (5) If a mandatory prison term is imposed upon an offender 493
pursuant to division (B)(5) or (6) of this section, the offender 494
shall serve the mandatory prison term consecutively to and prior 495
to any prison term imposed for the underlying violation of 496
division (A)(1) or (2) of section 2903.06 of the Revised Code 497
pursuant to division (A) of this section or section 2929.142 of 498
the Revised Code. If a mandatory prison term is imposed upon an 499
offender pursuant to division (B)(5) of this section, and if a 500
mandatory prison term also is imposed upon the offender pursuant 501
to division (B)(6) of this section in relation to the same 502
violation, the offender shall serve the mandatory prison term 503
imposed pursuant to division (B)(5) of this section consecutively 504
to and prior to the mandatory prison term imposed pursuant to 505
division (B)(6) of this section and consecutively to and prior to 506
any prison term imposed for the underlying violation of division 507
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to 508
division (A) of this section or section 2929.142 of the Revised 509
Code.510

       (6) When consecutive prison terms are imposed pursuant to 511
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) 512
of this section, the term to be served is the aggregate of all of 513
the terms so imposed.514

       (D)(1) If a court imposes a prison term for a felony of the 515
first degree, for a felony of the second degree, for a felony sex 516
offense, or for a felony of the third degree that is not a felony 517
sex offense and in the commission of which the offender caused or 518
threatened to cause physical harm to a person, it shall include in 519
the sentence a requirement that the offender be subject to a 520
period of post-release control after the offender's release from 521
imprisonment, in accordance with that division. If a court imposes 522
a sentence including a prison term of a type described in this 523
division on or after July 11, 2006, the failure of a court to 524
include a post-release control requirement in the sentence 525
pursuant to this division does not negate, limit, or otherwise 526
affect the mandatory period of post-release control that is 527
required for the offender under division (B) of section 2967.28 of 528
the Revised Code. Section 2929.191 of the Revised Code applies if, 529
prior to July 11, 2006, a court imposed a sentence including a 530
prison term of a type described in this division and failed to 531
include in the sentence pursuant to this division a statement 532
regarding post-release control.533

       (2) If a court imposes a prison term for a felony of the 534
third, fourth, or fifth degree that is not subject to division 535
(D)(1) of this section, it shall include in the sentence a 536
requirement that the offender be subject to a period of 537
post-release control after the offender's release from 538
imprisonment, in accordance with that division, if the parole 539
board determines that a period of post-release control is 540
necessary. Section 2929.191 of the Revised Code applies if, prior 541
to July 11, 2006, a court imposed a sentence including a prison 542
term of a type described in this division and failed to include in 543
the sentence pursuant to this division a statement regarding 544
post-release control.545

       (E) The court shall impose sentence upon the offender in 546
accordance with section 2971.03 of the Revised Code, and Chapter 547
2971. of the Revised Code applies regarding the prison term or 548
term of life imprisonment without parole imposed upon the offender 549
and the service of that term of imprisonment if any of the 550
following apply:551

       (1) A person is convicted of or pleads guilty to a violent 552
sex offense or a designated homicide, assault, or kidnapping 553
offense, and, in relation to that offense, the offender is 554
adjudicated a sexually violent predator.555

       (2) A person is convicted of or pleads guilty to a violation 556
of division (A)(1)(b) of section 2907.02 of the Revised Code 557
committed on or after January 2, 2007, and either the court does 558
not impose a sentence of life without parole when authorized 559
pursuant to division (B) of section 2907.02 of the Revised Code, 560
or division (B) of section 2907.02 of the Revised Code provides 561
that the court shall not sentence the offender pursuant to section 562
2971.03 of the Revised Code.563

       (3) A person is convicted of or pleads guilty to attempted 564
rape committed on or after January 2, 2007, and a specification of 565
the type described in section 2941.1418, 2941.1419, or 2941.1420 566
of the Revised Code.567

       (4) A person is convicted of or pleads guilty to a violation 568
of section 2905.01 of the Revised Code committed on or after 569
January 1, 2008, and that section requires the court to sentence 570
the offender pursuant to section 2971.03 of the Revised Code.571

        (5) A person is convicted of or pleads guilty to aggravated 572
murder committed on or after January 1, 2008, and division 573
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 574
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or 575
(E)(1)(d) of section 2929.03, or division (A) or (B) of section 576
2929.06 of the Revised Code requires the court to sentence the 577
offender pursuant to division (B)(3) of section 2971.03 of the 578
Revised Code.579

        (6) A person is convicted of or pleads guilty to murder 580
committed on or after January 1, 2008, and division (B)(2) of 581
section 2929.02 of the Revised Code requires the court to sentence 582
the offender pursuant to section 2971.03 of the Revised Code.583

       (F) If a person who has been convicted of or pleaded guilty 584
to a felony is sentenced to a prison term or term of imprisonment 585
under this section, sections 2929.02 to 2929.06 of the Revised 586
Code, section 2929.142 of the Revised Code, section 2971.03 of the 587
Revised Code, or any other provision of law, section 5120.163 of 588
the Revised Code applies regarding the person while the person is 589
confined in a state correctional institution.590

       (G) If an offender who is convicted of or pleads guilty to a 591
felony that is an offense of violence also is convicted of or 592
pleads guilty to a specification of the type described in section 593
2941.142 of the Revised Code that charges the offender with having 594
committed the felony while participating in a criminal gang, the 595
court shall impose upon the offender an additional prison term of 596
one, two, or three years.597

       (H)(1) If an offender who is convicted of or pleads guilty to 598
aggravated murder, murder, or a felony of the first, second, or 599
third degree that is an offense of violence also is convicted of 600
or pleads guilty to a specification of the type described in 601
section 2941.143 of the Revised Code that charges the offender 602
with having committed the offense in a school safety zone or 603
towards a person in a school safety zone, the court shall impose 604
upon the offender an additional prison term of two years. The 605
offender shall serve the additional two years consecutively to and 606
prior to the prison term imposed for the underlying offense.607

       (2)(a) If an offender is convicted of or pleads guilty to a 608
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 609
of the Revised Code and to a specification of the type described 610
in section 2941.1421 of the Revised Code and if the court imposes 611
a prison term on the offender for the felony violation, the court 612
may impose upon the offender an additional prison term as follows:613

       (i) Subject to division (H)(2)(a)(ii) of this section, an 614
additional prison term of one, two, three, four, five, or six 615
months;616

       (ii) If the offender previously has been convicted of or 617
pleaded guilty to one or more felony or misdemeanor violations of 618
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the 619
Revised Code and also was convicted of or pleaded guilty to a 620
specification of the type described in section 2941.1421 of the 621
Revised Code regarding one or more of those violations, an 622
additional prison term of one, two, three, four, five, six, seven, 623
eight, nine, ten, eleven, or twelve months.624

       (b) In lieu of imposing an additional prison term under 625
division (H)(2)(a) of this section, the court may directly impose 626
on the offender a sanction that requires the offender to wear a 627
real-time processing, continual tracking electronic monitoring 628
device during the period of time specified by the court. The 629
period of time specified by the court shall equal the duration of 630
an additional prison term that the court could have imposed upon 631
the offender under division (H)(2)(a) of this section. A sanction 632
imposed under this division shall commence on the date specified 633
by the court, provided that the sanction shall not commence until 634
after the offender has served the prison term imposed for the 635
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 636
of the Revised Code and any residential sanction imposed for the 637
violation under section 2929.16 of the Revised Code. A sanction 638
imposed under this division shall be considered to be a community 639
control sanction for purposes of section 2929.15 of the Revised 640
Code, and all provisions of the Revised Code that pertain to 641
community control sanctions shall apply to a sanction imposed 642
under this division, except to the extent that they would by their 643
nature be clearly inapplicable. The offender shall pay all costs 644
associated with a sanction imposed under this division, including 645
the cost of the use of the monitoring device.646

       (I) At the time of sentencing, the court may recommend the 647
offender for placement in a program of shock incarceration under 648
section 5120.031 of the Revised Code or for placement in an 649
intensive program prison under section 5120.032 of the Revised 650
Code, disapprove placement of the offender in a program of shock 651
incarceration or an intensive program prison of that nature, or 652
make no recommendation on placement of the offender. In no case 653
shall the department of rehabilitation and correction place the 654
offender in a program or prison of that nature unless the 655
department determines as specified in section 5120.031 or 5120.032 656
of the Revised Code, whichever is applicable, that the offender is 657
eligible for the placement.658

       If the court disapproves placement of the offender in a 659
program or prison of that nature, the department of rehabilitation 660
and correction shall not place the offender in any program of 661
shock incarceration or intensive program prison.662

       If the court recommends placement of the offender in a 663
program of shock incarceration or in an intensive program prison, 664
and if the offender is subsequently placed in the recommended 665
program or prison, the department shall notify the court of the 666
placement and shall include with the notice a brief description of 667
the placement.668

       If the court recommends placement of the offender in a 669
program of shock incarceration or in an intensive program prison 670
and the department does not subsequently place the offender in the 671
recommended program or prison, the department shall send a notice 672
to the court indicating why the offender was not placed in the 673
recommended program or prison.674

       If the court does not make a recommendation under this 675
division with respect to an offender and if the department 676
determines as specified in section 5120.031 or 5120.032 of the 677
Revised Code, whichever is applicable, that the offender is 678
eligible for placement in a program or prison of that nature, the 679
department shall screen the offender and determine if there is an 680
available program of shock incarceration or an intensive program 681
prison for which the offender is suited. If there is an available 682
program of shock incarceration or an intensive program prison for 683
which the offender is suited, the department shall notify the 684
court of the proposed placement of the offender as specified in 685
section 5120.031 or 5120.032 of the Revised Code and shall include 686
with the notice a brief description of the placement. The court 687
shall have ten days from receipt of the notice to disapprove the 688
placement.689

       (J) If a person is convicted of or pleads guilty to 690
aggravated vehicular homicide in violation of division (A)(1) of 691
section 2903.06 of the Revised Code and division (B)(2)(c) of that 692
section applies, the person shall be sentenced pursuant to section 693
2929.142 of the Revised Code.694

       Sec. 2941.141.  (A) Imposition of a one-year mandatory prison 695
term upon an offender under division (B)(1)(a)(iii) of section 696
2929.14 of the Revised Code is precluded unless the indictment, 697
count in the indictment, or information charging the offense 698
specifies that the offender had a firearm on or about the 699
offender's person or under the offender's control while committing 700
the offense. The specification shall be stated at the end of the 701
body of the indictment, count, or information, and shall be in 702
substantially the following form:703

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 704
Grand Jurors (or insert the person's or the prosecuting attorney's 705
name when appropriate) further find and specify that (set forth 706
that the offender had a firearm on or about the offender's person 707
or under the offender's control while committing the offense.)"708

       (B) Imposition of a one-year mandatory prison term upon an 709
offender under division (B)(1)(a)(iii) of section 2929.14 of the 710
Revised Code is precluded if a court imposes a three-year or 711
six-yearten-year mandatory prison term on the offender under 712
that division (B)(1)(a)(i) or (ii) of that section relative to the 713
same felony.714

       (C) The specification described in division (A) of this 715
section may be used in a delinquent child proceeding in the manner 716
and for the purpose described in section 2152.17 of the Revised 717
Code.718

       (D) As used in this section, "firearm" has the same meaning 719
as in section 2923.11 of the Revised Code.720

       Sec. 2941.144.  (A) Imposition of a six-yearten-year721
mandatory prison term upon an offender under division (B)(1)(a)(i)722
of section 2929.14 of the Revised Code is precluded unless the 723
indictment, count in the indictment, or information charging the 724
offense specifies that the offender had a firearm that is an 725
automatic firearm or that was equipped with a firearm muffler or 726
silencer on or about the offender's person or under the offender's 727
control while committing the offense. The specification shall be 728
stated at the end of the body of the indictment, count, or 729
information and shall be stated in substantially the following 730
form:731

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 732
Grand Jurors (or insert the person's or the prosecuting attorney's 733
name when appropriate) further find and specify that (set forth 734
that the offender had a firearm that is an automatic firearm or 735
that was equipped with a firearm muffler or silencer on or about 736
the offender's person or under the offender's control while 737
committing the offense)."738

       (B) Imposition of a six-yearten-year mandatory prison term 739
upon an offender under division (B)(1)(a)(i) of section 2929.14 of 740
the Revised Code is precluded if a court imposes a three-year or741
one-year or ten-year mandatory prison term on the offender under 742
that division (B)(1)(a)(ii) or (iii) of that section relative to 743
the same felony.744

       (C) The specification described in division (A) of this 745
section may be used in a delinquent child proceeding in the manner 746
and for the purpose described in section 2152.17 of the Revised 747
Code.748

       (D) As used in this section, "firearm" and "automatic 749
firearm" have the same meanings as in section 2923.11 of the 750
Revised Code.751

       Sec. 2941.145.  (A) Imposition of a three-yearten-year752
mandatory prison term upon an offender under division 753
(B)(1)(a)(ii) of section 2929.14 of the Revised Code is precluded 754
unless the indictment, count in the indictment, or information 755
charging the offense specifies that the offender had a firearm on 756
or about the offender's person or under the offender's control 757
while committing the offense and displayed the firearm, brandished 758
the firearm, indicated that the offender possessed the firearm, or 759
used it to facilitate the offense. The specification shall be 760
stated at the end of the body of the indictment, count, or 761
information, and shall be stated in substantially the following 762
form:763

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 764
Grand Jurors (or insert the person's or the prosecuting attorney's 765
name when appropriate) further find and specify that (set forth 766
that the offender had a firearm on or about the offender's person 767
or under the offender's control while committing the offense and 768
displayed the firearm, brandished the firearm, indicated that the 769
offender possessed the firearm, or used it to facilitate the 770
offense)."771

       (B) Imposition of a three-yearten-year mandatory prison term 772
upon an offender under division (B)(1)(a)(ii) of section 2929.14 773
of the Revised Code is precluded if a court imposes a one-year or 774
six-yearten-year mandatory prison term on the offender under 775
that division (B)(1)(a)(i) or (iii) of that section relative to 776
the same felony.777

       (C) The specification described in division (A) of this 778
section may be used in a delinquent child proceeding in the manner 779
and for the purpose described in section 2152.17 of the Revised 780
Code.781

       (D) As used in this section, "firearm" has the same meaning 782
as in section 2923.11 of the Revised Code.783

       Section 2.  That existing sections 2929.14, 2941.141, 784
2941.144, and 2941.145 of the Revised Code are hereby repealed.785