Effective: September 14, 2016
Latest Legislation: Senate Bill 97 - 131st General Assembly
(A) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense.)"
(B) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded if a court imposes an eighteen-month, three-year, fifty-four-month, six-year, or nine-year mandatory prison term on the offender under division (B)(1) (a)(i), (ii), (iv), (v), or (vi) of that section relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) Imposition of an eighteen-month mandatory prison term upon an offender under division (B)(1)(a)(vi) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and that the offender previously had been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form :
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.)"
(E) Imposition of an eighteen-month mandatory prison term upon an offender under division (B)(1)(a)(vi) of section 2929.14 of the Revised Code is precluded if the court imposes a one- year, three-year, fifty-four-month, six-year, or nine-year mandatory prison term on the offender under division (B)(1)(a) (i), (ii), (iii), (iv), or (v) of that section relative to the same felony.
(F) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
Structure Ohio Revised Code
Section 2941.01 | Indictment Definitions.
Section 2941.02 | Indictment Processes Apply to Informations.
Section 2941.021 | Offenses Prosecuted by Information.
Section 2941.03 | Sufficiency of Indictment or Information.
Section 2941.04 | Two or More Offenses in One Indictment or Information.
Section 2941.05 | Statement That Accused Has Committed Some Public Offense.
Section 2941.06 | Form of Indictment.
Section 2941.07 | Bill of Particulars.
Section 2941.08 | Defects Which Do Not Affect Validity of Indictment or Information.
Section 2941.09 | Identification of Group, Association, or Corporation.
Section 2941.11 | Allege Prior Conviction.
Section 2941.12 | Pleading a Statute or Right Derived Therefrom.
Section 2941.13 | Pleading a Judgment or Other Determination.
Section 2941.141 | Firearm on or About Offender's Person or Under Offender's Control Specification.
Section 2941.142 | Criminal Gang Participation Specification.
Section 2941.144 | Automatic Firearm or Firearm Muffler or Suppressor Specification.
Section 2941.146 | Firearm Discharged From Motor Vehicle Specification.
Section 2941.147 | Sexual Motivation Specification.
Section 2941.148 | Sexually Violent Predator Specification.
Section 2941.149 | Repeat Violent Offender Specification.
Section 2941.1410 | Major Drug Offender Specification.
Section 2941.1411 | Offender Wore or Carried Body Armor Specification.
Section 2941.1412 | Discharged Firearm at Peace Officer or Corrections Officer Specification.
Section 2941.1414 | Peace Officer Victim of Aggravated Vehicular Homicide Specification.
Section 2941.1415 | Multiple Ovi Violations Specification.
Section 2941.1417 | Property Subject to Forfeiture - Indictment Specifications.
Section 2941.1418 | Rape - Offender Age Specification.
Section 2941.1419 | Rape - Victim Age Specification.
Section 2941.1420 | Rape - Previous Conviction or Serious Physical Harm Specification.
Section 2941.1421 | School Proximity Specification for Certain Sex Offenses.
Section 2941.1422 | Mandatory Prison Term - Furtherance of Human Trafficking.
Section 2941.1423 | Mandatory Prison Term - Pregnancy Known to Offender.
Section 2941.1424 | Specification of Violent Career Criminal.
Section 2941.1425 | Use of Accelerant in Committing Violent Felony.
Section 2941.1426 | Impositin of Mandatory Sentence Under Section 2929.14.
Section 2941.15 | Sufficiency of Indictment or Information for Forgery.
Section 2941.16 | Description of Forgery Materials Sufficient.
Section 2941.17 | Description of Writing by Usual Name or Purport.
Section 2941.18 | Perjury or Falsification Allegations.
Section 2941.19 | Allegations Involving Intent to Defraud.
Section 2941.21 | Allegations Involving Property Belonging to Partners or Joint Owners.
Section 2941.23 | Allegations Involving Elections.
Section 2941.25 | Allied Offenses of Similar Import - Multiple Counts.
Section 2941.26 | Variance Between Indictment and Evidence.
Section 2941.27 | Plea in Abatement or Other Dilatory Plea.
Section 2941.28 | Misjoinder of Parties or Offenses Not Grounds for Dismissal.
Section 2941.29 | Objection to Defect in Indictment or Information.
Section 2941.30 | Amending Indictment, Information, or Bill of Particulars.
Section 2941.31 | Quashed Indictment - Nolle Prosequi.
Section 2941.32 | Two or More Indictments Pending.
Section 2941.33 | Nolle Prosequi How Entered.
Section 2941.34 | Indictment or Information Mutilated, Obliterated, Lost, Mislaid, or Destroyed.
Section 2941.35 | Misdemeanor Prosecutions.
Section 2941.36 | Issuing Arrest Warrants.
Section 2941.37 | Warrant When Accused Resides Out of County.
Section 2941.38 | Warrant When Accused Escapes.
Section 2941.39 | Indictment of Convict in a State Correctional Institution.
Section 2941.40 | Convicts Removed to County for Sentence or Trial.
Section 2941.401 | Request for a Final Disposition on Pending Charges by Prisoner.
Section 2941.41 | Request for a Final Disposition on Pending Charges by Prisoner - Warrant.
Section 2941.42 | Request for a Final Disposition on Pending Charges by Prisoner - Confinement.
Section 2941.44 | Arrest of Escaped Convict - Expense of Return.
Section 2941.45 | Trial of Person Serving Workhouse Sentence.
Section 2941.46 | Arrest for Violations of Conditional Pardon or Parole.
Section 2941.47 | Summons on Informations and Indictments Against Corporations.
Section 2941.48 | Recognizance of Witnesses for Appearance at Trial.
Section 2941.49 | Service of Indictments.
Section 2941.51 | Counsel for Indigents.
Section 2941.53 | Methods of Excepting an Indictment.
Section 2941.54 | Motion to Quash Indictment.
Section 2941.55 | Plea in Abatement to Indictment.
Section 2941.56 | Fail to Indict in True Name.
Section 2941.58 | Resubmission to Grand Jury.
Section 2941.59 | Waiver of Defects Which May Be Excepted To.
Section 2941.60 | Prosecuting Attorney May Demur to Plea in Abatement.
Section 2941.61 | Overruling Demurrer to Plea in Abatement.
Section 2941.62 | Immediate Hearing on Motions to Quash, Pleas in Abatement, and Demurrers.
Section 2941.63 | Appointment of Counsel to Assist Prosecutor When Public Interest Requires It.