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OH HB251
Bill
Status
8/21/2013
Primary Sponsor
Nick Barborak
Click for details
AI Summary
Sub. HB 251 Summary
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Eliminates Community Control Presumption: Removes the mandatory presumption requiring community control sanctions for fourth and fifth degree felonies, giving courts discretion to impose prison terms instead.
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Modifies Sentencing Framework: Changes section 2929.13 of the Revised Code to eliminate the special sentencing mechanism (former division B(1)) that previously mandated community control for most lower-level felonies.
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Applies to Drug Offenses: Changes sentencing provisions for drug abuse offenses under Chapter 2925, replacing presumptions favoring community control with provisions allowing discretionary sentencing based on section 2929.13 division (B) or (C).
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Affects Appeal Rights: Updates section 2953.08 to align appellate review standards with the new sentencing structure, allowing defendants to appeal sentences for fourth and fifth degree felonies under modified criteria.
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Intervention in Lieu Program Remains: Preserves section 2951.041 allowing courts to accept requests for intervention in lieu of conviction for eligible offenders with drug or alcohol abuse or mental health issues.
Legislative Description
To eliminate the special sentencing mechanism that applies for most felonies of the fourth and fifth degree and that generally provides for a community control sanction for such offenses.
Felonies-4th & 5th degree-eliminate community control sanction
Last Action
Committee Report - S
3/13/2014