(A) Imposition of a mandatory prison term under division (B)(9) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.11 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies one of the following:
(1) Regarding a violation of division (A)(1) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation and that the serious physical harm to another or to another's unborn caused by the violation resulted in a permanent, serious disfigurement or permanent, substantial incapacity;
(2) Regarding a violation of division (A)(2) of section 2903.11 of the Revised Code, that the offender used an accelerant in committing the violation, that the violation caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity.
(B) The specification described in division (A) of this section shall be stated at the end of the body of the indictment, count, or information and shall be stated 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 used an accelerant in committing the violation and that the serious physical harm to another or to another's unborn caused by the violation of division (A)(1) of section 2903.11 of the Revised Code resulted in a permanent, serious disfigurement or permanent, substantial incapacity, or that the offender used an accelerant in committing the violation, that the violation of division (A)(2) of section 2903.11 of the Revised Code caused physical harm to another or to another's unborn, and that the physical harm resulted in a permanent, serious disfigurement or permanent, substantial incapacity, whichever is applicable)."
(C) As used in this section, "accelerant" has the same meaning as in section 2929.01 of the Revised Code.
(D) The provisions of this section and of division (D)(2) of section 2903.11, division (F)(20) of section 2929.13, and divisions (B)(9) and (C)(6) of section 2929.14 of the Revised Code shall be known as "Judy's Law."
Added by 132nd General Assembly File No. TBD, HB 63, §1, eff. 10/17/2017.
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