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Military & PTSD: New Ohio Sentencing Law Change 3/22/13

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The Ohio legislature passed an amendment to our primary sentencing statute -- R.C. 2929.12. Effective March 22, 2013, all Ohio judges who will be sentencing felony offenders must consider the offender's military service record and whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses. R.C. 2929.12(F).

The bill's analysis per the Ohio Legislative Services Commission states as follows:

Operation of the bill

The bill expands the list of factors that a court sentencing an offender for a felony or for a misdemeanor must consider in determining the appropriate sentence for the offense so that, in addition to the factors and information that currently must be considered, the court must consider:

(1) The offender's military service record.

(2) Whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses.