As Reported by the House Judiciary Committee
136th General Assembly
Regular Session Am. H. B. No. 47
2025-2026
Representatives Williams, Santucci
Cosponsors: Representatives Barhorst, Bird, Click, Daniels, Fischer, Gross, Hall, T., John, Johnson, King, Lorenz, Robb Blasdel, Richardson, Workman, Mathews, A., Stewart
A BILL
To amend sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of the Revised Code to enact the Human Trafficking Prevention Act to increase the penalty for human trafficking of a minor or person with a developmental disability, kidnapping, and abduction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of the Revised Code be amended to read as follows:
Sec. 2903.41. As used in sections 2903.41 to 2903.44 of the Revised Code:
(A) "Violent offender" means any of the following:
(1) A person who on or after the effective date of this section is convicted of or pleads guilty to any of the following:
(a)
A violation of section 2903.01, 2903.02, 2903.03, or
2905.01
of the Revised Code or a violation of section 2905.02 of the Revised
Code that is a felony of the second
first
degree;
(b) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1)(a) of this section.
(2) A person who on the effective date of this section has been convicted of or pleaded guilty to an offense listed in division (A)(1) of this section and is confined in a jail, workhouse, state correctional institution, or other institution, serving a prison term, term of imprisonment, or other term of confinement for the offense.
(B) "Community control sanction," "jail," and "prison" have the same meanings as in section 2929.01 of the Revised Code.
(C) "Out-of-state violent offender" means a person who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a violation of any existing or former municipal ordinance or law of another state or the United States, or any existing or former law applicable in a military court or in an Indian tribal court, that is or was substantially equivalent to any offense listed in division (A)(1) of this section.
(D) "Qualifying out-of-state violent offender" means an out-of-state violent offender who is aware of the existence of the violent offender database.
(E) "Post-release control sanction" and "supervised release" have the same meanings as in section 2950.01 of the Revised Code.
(F) "Change of address" means a change to a violent offender's or out-of-state violent offender's residence address, employment address, or school or institution of higher education address.
(G) "Violent offender database" means the database of violent offenders and out-of-state violent offenders that is established and maintained by the bureau of criminal identification and investigation under division (F)(2) of section 2903.43 of the Revised Code, that is operated by sheriffs under sections 2903.42 and 2903.43 of the Revised Code, and for which sheriffs obtain information from violent offenders and out-of-state violent offenders pursuant to sections 2903.42 and 2903.43 of the Revised Code.
(H) "Violent offender database duties" and "VOD duties" mean the duty to enroll, duty to re-enroll, and duty to provide notice of a change of address imposed on a violent offender or a qualifying out-of-state violent offender under section 2903.42, 2903.421, 2903.43, or 2903.44 of the Revised Code.
(I) "Ten-year enrollment period" means, for a violent offender who has violent offender database duties pursuant to section 2903.42 of the Revised Code or a qualifying out-of-state violent offender who has violent offender database duties pursuant to section 2903.421 of the Revised Code, ten years from the date on which the offender initially enrolls in the violent offender database.
(J) "Extended enrollment period" means, for a violent offender who has violent offender database duties pursuant to section 2903.42 of the Revised Code or a qualifying out-of-state violent offender who has violent offender database duties pursuant to section 2903.421 of the Revised Code, the offender's enrollment period as extended pursuant to division (D)(2) of section 2903.43 of the Revised Code.
(K) "Prosecutor" means one of the following:
(1) As used in section 2903.42 of the Revised Code, the office of the prosecuting attorney who handled a violent offender's underlying case or the office of that prosecutor's successor.
(2) As used in sections 2903.421, 2903.43, and 2903.44 of the Revised Code, the office of the prosecuting attorney of the county in which a violent offender resides or of the county in which an out-of-state violent offender resides or occupies a dwelling.
Sec. 2905.01. (A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight thereafter;
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;
(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority;
(6) To hold in a condition of involuntary servitude.
(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly and without privilege to do so do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:
(1) Remove another from the place where the other person is found;
(2) Restrain another of the other person's liberty.
(C)(1)
Whoever violates this section is guilty of kidnapping. Except as
otherwise provided in this division or division (C)(2)
or,
(3),
or (4)
of this section, kidnapping
a
violation of division (A)(1), (2), (3), or (5) or (B)(1) or (2) of
this section is
a felony of the first degree. Except as otherwise provided in this
division or division (C)(2)
or,
(3),
or (4)
of this section, if an offender who violates division (A)(1)
to,
(2), (3), or
(5),
or
(B)(1),
or (B)(2)
(2)
of
this section releases the victim in a safe place unharmed, kidnapping
is a felony of the second degree.
(2)(2)(a)
Except as provided in division (C)(2)(b) of this section, a violation
of division (A)(4) or (6) of this section is a felony of the first
degree, and, notwithstanding the definite or indefinite sentence
provided for a felony of the first degree in section 2929.14 of the
Revised Code, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term of
twenty-five years and a maximum term of life imprisonment.
(b) If the offender releases the victim in a safe place unharmed, the offender shall be sentenced pursuant to that section to an indefinite term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(3)
If the offender in any case also is convicted of or pleads guilty to
a specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, the court shall order the offender
to make restitution as provided in division (B)(8) of section 2929.18
of the Revised Code and, except as otherwise provided in division
(C)(3)
(C)(4)
of
this section, shall sentence the offender to a mandatory prison term
as provided in division (B)(7) of section 2929.14 of the Revised
Code.
(3)
(4)
If
the victim of the
offense a
violation of division (A)(1), (2), (3), or (5) or (B)(1) or (2) of
this section is
less than thirteen years of age and if the offender also is convicted
of or pleads guilty to a sexual motivation specification that was
included in the indictment, count in the indictment, or information
charging the offense, kidnapping is a felony of the first degree,
and, notwithstanding the definite or indefinite sentence provided for
a felony of the first degree in section 2929.14 of the Revised Code,
the offender shall be sentenced pursuant to section 2971.03 of the
Revised Code as follows:
(a)
Except as otherwise provided in division (C)(3)(b)
(C)(4)(b)
of
this section, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term of
fifteen
twenty-five
years
and a maximum term of life imprisonment.
(b)
If the offender releases the victim in a safe place unharmed, the
offender shall be sentenced pursuant to that section to an indefinite
term consisting of a minimum term of ten
fifteen
years
and a maximum term of life imprisonment.
(D) As used in this section:
(1) "Involuntary servitude" has the same meaning as in section 2905.31 of the Revised Code.
(2) "Sexual motivation specification" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of physical harm to the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C)(C)(1)
Whoever violates this section is guilty of abduction. A
(2)
A violation
of division (A)(1) or (2) of this section or a violation of division
(B) of this section involving conduct of the type described in
division (A)(1) or (2) of this section is a felony of the third
degree. A
(3)
A violation
of division (A)(3) of this section or a violation of division (B) of
this section involving conduct of the type described in division
(A)(3) of this section is a felony of the second
first
degree.
If
Notwithstanding
the definite or indefinite sentence provided for a felony of the
first degree in section 2929.14 of the Revised Code, the offender
shall be sentenced for a violation of division (A)(3) of this section
or a violation of division (B) of this section to an indefinite
prison term consisting of a minimum term of twenty-five years and a
maximum term of life imprisonment.
(4) If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.
(D) As used in this section:
(1) "Involuntary servitude" has the same meaning as in section 2905.31 of the Revised Code.
(2) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.32. (A) No person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person if either of the following applies:
(1) The offender knows or has reasonable cause to believe that the other person will be subjected to involuntary servitude or be compelled to engage in sexual activity for hire, engage in a performance that is obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.
(2) The other person is less than eighteen years of age or is a person with a developmental disability whom the offender knows or has reasonable cause to believe is a person with a developmental disability, and either the offender knows or has reasonable cause to believe that the other person will be subjected to involuntary servitude or the offender's knowing recruitment, luring, enticement, isolation, harboring, transportation, provision, obtaining, or maintenance of the other person or knowing attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the other person is for any of the following purposes:
(a) For the other person to engage in sexual activity for hire with one or more third parties;
(b) To engage in a performance for hire that is obscene, sexually oriented, or nudity oriented;
(c) To be a model or participant for hire in the production of material that is obscene, sexually oriented, or nudity oriented.
(B) For a prosecution under division (A)(1) of this section, the element "compelled" does not require that the compulsion be openly displayed or physically exerted. The element "compelled" has been established if the state proves that the offender overcame the victim's will by force, fear, duress, intimidation, or fraud, by furnishing or offering a controlled substance to the victim, or by manipulating the victim's controlled substance addiction.
(C) In a prosecution under this section, proof that the defendant engaged in sexual activity with any person, or solicited sexual activity with any person, whether or not for hire, without more, does not constitute a violation of this section.
(D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of section 2907.21 of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, or is convicted of or pleads guilty to any other violation of Chapter 2907. of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.
(E)(E)(1)
Whoever violates this section is guilty of trafficking in persons, a
felony of the first degree. For a violation committed prior to March
22, 2019, notwithstanding the range of definite terms set forth in
division (A)(1)(b) of section 2929.14 of the Revised Code, the court
shall sentence the offender to a definite prison term of ten, eleven,
twelve, thirteen, fourteen, or fifteen years. For
Except
as provided in division (E)(2) or (3) of this section, for a
violation of
division (A)(1) or (2) of this section committed
on or after March 22, 2019, notwithstanding the range of minimum
terms set forth in division (A)(1)(a) of section 2929.14 of the
Revised Code, the court shall sentence the offender to an indefinite
prison term pursuant to that division, with a minimum term under that
sentence of ten, eleven, twelve, thirteen, fourteen, or fifteen
years.
(2) For a violation of division (A)(1) of this section committed on or after the effective date of this amendment, notwithstanding the definite or indefinite sentence provided for a felony of the first degree in section 2929.14 of the Revised Code, the court shall sentence the offender to an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(3) Whoever violates division (A)(2) of this section is guilty of trafficking in minors or in persons with developmental disabilities, a felony of the first degree. For a violation of division (A)(2) of this section committed on or after the effective date of this amendment, notwithstanding the definite or indefinite sentence provided for a felony of the first degree in section 2929.14 of the Revised Code, the court shall sentence the offender to an indefinite prison term consisting of a minimum term of twenty-five years and a maximum term of life imprisonment.
(F) As used in this section:
(1) "Person with a developmental disability" means a person whose ability to resist or consent to an act is substantially impaired because of a mental or physical condition or because of advanced age.
(2) "Sexual activity for hire," "performance for hire," and "model or participant for hire" mean an implicit or explicit agreement to provide sexual activity, engage in an obscene, sexually oriented, or nudity oriented performance, or be a model or participant in the production of obscene, sexually oriented, or nudity oriented material, whichever is applicable, in exchange for anything of value paid to any of the following:
(a) The person engaging in such sexual activity, performance, or modeling or participation;
(b) Any person who recruits, lures, entices, isolates, harbors, transports, provides, obtains, or maintains, or attempts to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain the person described in division (F)(2)(a) of this section;
(c) Any person associated with a person described in division (F)(2)(a) or (b) of this section.
(3) "Material that is obscene, sexually oriented, or nudity oriented" and "performance that is obscene, sexually oriented, or nudity oriented" have the same meanings as in section 2929.01 of the Revised Code.
(4) "Third party" means, with respect to conduct described in division (A)(2)(a) of this section, any person other than the offender.
Sec. 2971.03. (A) Notwithstanding divisions (A) and (D) of section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or another section of the Revised Code, other than divisions (B) and (C) of section 2929.14 of the Revised Code, that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, the court shall impose a sentence upon a person who is convicted of or pleads guilty to a violent sex offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, and upon a person who is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, as follows:
(1) Except as provided in division (A)(5) of this section, if the offense for which the sentence is being imposed is aggravated murder and if the court does not impose upon the offender a sentence of death, it shall impose upon the offender a term of life imprisonment without parole. If the court sentences the offender to death and the sentence of death is vacated, overturned, or otherwise set aside, the court shall impose upon the offender a term of life imprisonment without parole.
(2) Except as provided in division (A)(5) of this section, if the offense for which the sentence is being imposed is murder; or if the offense is rape committed in violation of division (A)(1)(b) of section 2907.02 of the Revised Code when the offender purposely compelled the victim to submit by force or threat of force, when the victim was less than ten years of age, when the offender previously has been convicted of or pleaded guilty to either rape committed in violation of that division or a violation of an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or when the offender during or immediately after the commission of the rape caused serious physical harm to the victim; or if the offense is an offense other than aggravated murder or murder for which a term of life imprisonment may be imposed, it shall impose upon the offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b), (c), (d), or (e) or (A)(4) of this section, if the offense for which the sentence is being imposed is an offense other than aggravated murder, murder, or rape and other than an offense for which a term of life imprisonment may be imposed, it shall impose an indefinite prison term consisting of a minimum term fixed by the court as described in this division, but not less than two years, and a maximum term of life imprisonment. Except as otherwise specified in this division, the minimum term shall be fixed by the court from among the range of terms available as a definite term for the offense. If the offense is a felony of the first or second degree committed on or after March 22, 2019, the minimum term shall be fixed by the court from among the range of terms available as a minimum term for the offense under division (A)(1)(a) or (2)(a) of that section.
(b) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the first degree, it shall impose an indefinite prison term as follows:
(i)
If the kidnapping is committed on or after January 1, 2008, and the
victim of the offense is less than thirteen
eighteen
years
of age, except as otherwise provided in this division, it shall
impose an indefinite prison term consisting of a minimum term of
fifteen
twenty-five
years
and a maximum term of life imprisonment. If the kidnapping is
committed on or after January 1, 2008, the victim of the offense is
less than thirteen
eighteen
years
of age, and the offender released the victim in a safe place
unharmed, it shall impose an indefinite prison term consisting of a
minimum term of ten
fifteen
years
and a maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to January 1, 2008, or division (A)(3)(b)(i) of this section does not apply, it shall impose an indefinite term consisting of a minimum term fixed by the court that is not less than ten years and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the second degree, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than eight years, and a maximum term of life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is rape for which a term of life imprisonment is not imposed under division (A)(2) of this section or division (B) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term as follows:
(i) If the rape is committed on or after January 2, 2007, in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of twenty-five years and a maximum term of life imprisonment.
(ii) If the rape is committed prior to January 2, 2007, or the rape is committed on or after January 2, 2007, other than in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than ten years, and a maximum term of life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this section, if the offense for which sentence is being imposed is attempted rape, it shall impose an indefinite prison term as follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii), (iii), or (iv) of this section, it shall impose an indefinite prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of ten years and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being imposed was committed on or after January 2, 2007, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of fifteen years and a maximum of life imprisonment.
(4) Except as provided in division (A)(5) of this section, for any offense for which the sentence is being imposed, if the offender previously has been convicted of or pleaded guilty to a violent sex offense and also to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, or previously has been convicted of or pleaded guilty to a designated homicide, assault, or kidnapping offense and also to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, it shall impose upon the offender a term of life imprisonment without parole.
(5) Notwithstanding divisions (A)(1), (2), and (4) of this section, the court shall not impose a sentence of life imprisonment without parole upon any person for an offense that was committed when the person was under eighteen years of age. In any case described in division (A)(1), (2), or (4) of this section, if the offense was committed when the person was under eighteen years of age, the court shall impose an indefinite prison term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(B)(1) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than division (B) of section 2907.02 or divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, if division (A) of this section does not apply regarding the person, and if the court does not impose a sentence of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a minimum term of ten years and a maximum term of life imprisonment.
(b) If the victim was less than ten years of age, a minimum term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by force or threat of force, or if the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of that section, or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, a minimum term of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment and except as otherwise provided in division (B) of section 2907.02 of the Revised Code, if a person is convicted of or pleads guilty to attempted rape committed on or after January 2, 2007, and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A) or (D) of section 2929.14, or another section of the Revised Code other than divisions (B) and (C) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to an offense described in division (B)(3)(a), (b), (c), or (d) of this section committed on or after January 1, 2008, if the person also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a)
An indefinite prison term consisting of a minimum of ten
fifteen
years
and a maximum term of life imprisonment if the offense for which the
sentence is being imposed is kidnapping, the victim of the offense is
less than thirteen
eighteen
years
of age, and the offender released the victim in a safe place
unharmed;
(b)
An indefinite prison term consisting of a minimum of fifteen
twenty-five
years
and a maximum term of life imprisonment if the offense for which the
sentence is being imposed is kidnapping when the victim of the
offense is less than thirteen
eighteen
years
of age and division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is aggravated murder, when the victim of the offense is less than thirteen years of age, a sentence of death or life imprisonment without parole is not imposed for the offense, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires that the sentence for the offense be imposed pursuant to this division;
(d) An indefinite prison term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is murder when the victim of the offense is less than thirteen years of age.
(C)(1) If the offender is sentenced to a prison term pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, the parole board shall have control over the offender's service of the term during the entire term unless the parole board terminates its control in accordance with section 2971.04 of the Revised Code.
(2) Except as provided in division (C)(3) or (G) of this section, an offender sentenced to a prison term or term of life imprisonment without parole pursuant to division (A) of this section shall serve the entire prison term or term of life imprisonment in a state correctional institution. The offender is not eligible for judicial release under section 2929.20 of the Revised Code.
(3) For a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, subject to the application of division (G) of this section, the court, in accordance with section 2971.05 of the Revised Code, may terminate the prison term or modify the requirement that the offender serve the entire term in a state correctional institution if all of the following apply:
(a) The offender has served at least the minimum term imposed as part of that prison term.
(b) The parole board, pursuant to section 2971.04 of the Revised Code, has terminated its control over the offender's service of that prison term.
(c) The court has held a hearing and found, by clear and convincing evidence, one of the following:
(i) In the case of termination of the prison term, that the offender is unlikely to commit a sexually violent offense in the future;
(ii) In the case of modification of the requirement, that the offender does not represent a substantial risk of physical harm to others.
(4) Except as provided in division (G) of this section, an offender who has been sentenced to a term of life imprisonment without parole pursuant to division (A)(1), (2), or (4) of this section shall not be released from the term of life imprisonment or be permitted to serve a portion of it in a place other than a state correctional institution.
(D) If a court sentences an offender to a prison term or term of life imprisonment without parole pursuant to division (A) of this section and the court also imposes on the offender one or more additional prison terms pursuant to division (B) of section 2929.14 of the Revised Code, all of the additional prison terms shall be served consecutively with, and prior to, the prison term or term of life imprisonment without parole imposed upon the offender pursuant to division (A) of this section.
(E) If the offender is convicted of or pleads guilty to two or more offenses for which a prison term or term of life imprisonment without parole is required to be imposed pursuant to division (A) of this section, divisions (A) to (D) of this section shall be applied for each offense. All minimum terms imposed upon the offender pursuant to division (A)(3) or (B) of this section for those offenses shall be aggregated and served consecutively, as if they were a single minimum term imposed under that division.
(F)(1) If an offender is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, or is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, the conviction of or plea of guilty to the offense and the sexually violent predator specification automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(2) If an offender is convicted of or pleads guilty to committing on or after January 2, 2007, a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and either the offender is sentenced under section 2971.03 of the Revised Code or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code, the conviction of or plea of guilty to the offense automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(3) If a person is convicted of or pleads guilty to committing on or after January 2, 2007, attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the conviction of or plea of guilty to the offense and the specification automatically classify the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of the offenses described in division (B)(3)(a), (b), (c), or (d) of this section and a sexual motivation specification related to the offense and the victim of the offense is less than thirteen years of age, the conviction of or plea of guilty to the offense automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
(G) Notwithstanding divisions (A) to (E) of this section, if an offender receives or received a sentence of life imprisonment without parole, a definite sentence, or a sentence to an indefinite prison term under this chapter for an offense committed when the offender was under eighteen years of age, the offender is eligible for parole and the offender's parole eligibility shall be determined under section 2967.132 of the Revised Code.
Section 2. That existing sections 2903.41, 2905.01, 2905.02, 2905.32, and 2971.03 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the Human Trafficking Prevention Act.
Section 4. Section 2971.03 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 136 and S.B. 256 of the 133rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.