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Bill Summary · HB 926

Summary of HB 926 (Ohio, 136th General Assembly)

Purpose and intent

  • Introduces the Felony Accountability for Frequent Offenders Act.
  • Establishes a new specification and sentencing framework for habitual or repeat offenders of felony offenses, with a focus on enhanced penalties in certain circumstances.
  • Creates a comprehensive set of definitions and rules governing sentencing, mandatory terms, and consecutive-term requirements to address recidivism and offender risk.

Key provisions and changes

  • Definitions (Section 2929.01, as amended)

    • Expands and clarifies terms used in sentencing, including:
    • Alternative residential facility, basic probation supervision, community-based correctional facility, curfew, day reporting, drug and alcohol monitoring, education or training, electronic monitoring, life and non-life prison terms, habitual offender, repeat violent offender, and various other specialized terms.
    • Adds detailed definitions related to electronic monitoring devices, accelerants, fentanyl-related compounds, body armor, and other risk-related concepts.
    • Introduces “Habitual Felony Offender” concept (HHH): a person convicted of a felony of the first or second degree who has previously been convicted of two or more felonies of the first or second degree on separate occasions. Specifies exclusions for certain pre-existing offenses.

  • Sentencing framework and enhancements (Section 2929.14, amended)

    • Confers broad authority to impose prison terms as dictated by the new act, including:
    • Indefinite prison terms with stated minimums for certain offenses (for first- and second-degree felonies) and corresponding maximum terms.
    • Mandatory prison terms in various scenarios (including firearm specifications, major drug offender findings, and other aggravated circumstances).
    • Explicit provisions for consecutive sentencing where multiple offenses or specifications are involved, with detailed criteria to justify non-concurrent terms.
    • Creates specific mandatory terms for offenses involving:
    • Firearms or weapon enhancements during the commission of offenses.
    • Wearing or carrying body armor while committing violent offenses.
    • Discharging a firearm at peace officers or corrections officers (with heightened penalties if prior related specifications exist).
    • Human trafficking-related offenses and related specifications.
    • Establishes Judy’s Law-style enhancements (B)(7)(c)-(e) for repeated aggravating circumstances, including additional mandatory terms when applicable.
    • Adds special mandatory terms for certain sexual violence-related offenses with child victims, pregnant victims, or involving vulnerable populations.

  • Habitual offender specifications (New section 2941.1427)

    • Provides a specific lifelong (mandatory) prison term when an offender is convicted of a felony and also charged with being a habitual felony offender.
    • This specification ensures life imprisonment for habitual offenders under the defined criteria.

  • Other procedural and operational changes

    • Requires courts to impose specific combinations of terms (e.g., longest terms, mandatory terms) and to articulate findings supporting enhanced punishment.
    • Sets strict rules about not reducing certain prison terms under standard time-credit provisions when specific enhancements or specifications apply.
    • Addresses the sequencing and interaction of multiple mandatory terms and long-term sanctions, including how terms relate to underlying offenses and whether terms run concurrently or consecutively.
    • Establishes heightened consequences for offenses involving firearms, accelerants, or harm to protected groups (e.g., peace officers, pregnant victims), especially when paired with prior qualifying specifications.

Who and what would be affected

  • Offenders convicted of felonies (particularly first- and second-degree felonies) and those charged under multiple specifications, including firearm and violent offense specifications.
  • Repeat offenders and habitual felony offenders (as defined by the act) receive enhanced penalties and potentially mandatory life imprisonment under the habitual offender specification.
  • Offenders implicated in:
    • Use of firearms or body armor in violent offenses
    • Firearm discharges targeting peace officers or corrections officers
    • Major drug offenses (with designation as a major drug offender)
    • Human trafficking-related offenses
    • Offenses involving harm to vulnerable victims (e.g., pregnant victims, or child victims)
  • Courts and sentencing authorities, which would have to apply more granular, specification-driven terms and clearly document findings justifying consecutive sentences and enhanced penalties.

Procedural and timeline aspects

  • The bill introduces a comprehensive set of mandatory terms and specifications to be applied at sentencing, with explicit sequencing rules (consecutive vs. concurrent) and non-reducibility provisions (i.e., some terms cannot be shortened by typical credits or procedural reductions).
  • Applies to offenses committed on or after specified dates (not explicitly stated in the excerpt for all provisions, but several minimum/maximum terms reference post-2019 changes in related sections; the act itself is framed for the 2025-2026 session and would govern offenses accordingly).
  • Requires detailed statutory definitions to guide the court's instructions and findings in order to impose enhanced penalties and to ensure consistency across cases.

Notes

  • The bill is introduced and contains extensive amendments to numerous sections (2929.01, 2929.14, 2967.01, 2967.13, 2967.132) and enacts a new section 2941.1427.
  • The intent appears to be a robust framework for accountability of frequent felony offenders, with strong emphasis on habitual offender status and designated offense enhancements, reminiscent of “repeat offender” and “Judy’s Law” concepts.
  • As introduced, the bill is highly technical and would require careful judicial and prosecutorial implementation to ensure proper application of terms, findings, and mandatory elements.

Compiled from official sources — confirm details with the bill’s official record.

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