2929.41. See syllabus paragraphs from State v. Foster (2006 Ohio Revised Code - 856) set forth in the "Case Notes and OAG" section below under "Constitutionality".

§ 2929.41. Multiple sentences.
 

(A)  Except as provided in division (B) of this section, division (E) of section 2929.14, or division (D) or (E) of section 2971.03 of the Revised Code, a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state, another state, or the United States. Except as provided in division (B) (3) of this section, a jail term or sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a state or federal correctional institution. 

(B) (1)  A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of section 2907.322, 2921.34, or 2923.131 of the Revised Code. 

When consecutive sentences are imposed for misdemeanor under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed eighteen months. 

(2) If a court of this state imposes a prison term upon the offender for the commission of a felony and a court of another state or the United States also has imposed a prison term upon the offender for the commission of a felony, the court of this state may order that the offender serve the prison term it imposes consecutively to any prison term imposed upon the offender by the court of another state or the United States. 

(3) A jail term or sentence of imprisonment imposed for a misdemeanor violation of section 4510.11, 4510.14, 4510.16, 4510.21, or 4511.19 of the Revised Code shall be served consecutively to a prison term that is imposed for a felony violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the Revised Code or a felony violation of section 2903.04 of the Revised Code involving the operation of a motor vehicle by the offender and that is served in a state correctional institution when the trial court specifies that it is to be served consecutively. 

When consecutive jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v H 202 (Eff 10-9-78); 139 v S 1 (Eff 10-19-81); 139 v S 199 (Eff 1-5-83); 140 v S 210 (Eff 7-1-83); 142 v H 51 (Eff 3-17-89); 143 v S 258 (Eff 11-20-90); 144 v H 561 (Eff 4-9-93); 145 v H 571 (Eff 10-6-94); 146 v S 2 (Eff 7-1-96); 146 v H 154 (Eff 10-4-96); 146 v H 180 (Eff 1-1-97); 148 v S 107 (Eff 3-23-2000); 148 v S 22. Eff 5-17-2000; 149 v H 490, § 1, eff. 1-1-04; 149 v S 123, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of H.B. 490. 

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 2929.01. 

The provisions of § 8 of S.B. 123 read as follows: 

SECTION 8. Section 2929.41 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd 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 composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

See provisions, § 4 of HB 180 (146 v  - ) following RC § 2921.34. 

See provisions, § 5 of SB 2 (146 v  - ) as amended by § 3 of SB 269 (146 v  - ) following RC § 2929.03. 

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, redesignated former (B)(3) as (B)(2) and former (B)(2) as (B)(3); and substituted "4510.11, 4510.14, 4510.16, 4510.21, or 4511.19" for "or division (B(1), (C), (D)(1), or (D)(2) of section 4507.02". 

H.B. 490, Acts 2002, effective January 1, 2004, inserted "a prison term, jail term, or" and "jail term or" in (A) and (B)(1); deleted "of imprisonment" following "sentences" in the last paragraph of (B)(1); inserted "a jail term or" in the first sentence of (B)(3); and inserted "jail terms or" to the first sentence in the final paragraph. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section provides rules for determining when sentences are to be served concurrently or consecutively, places maximums on consecutive sentences, and allows courts to commit offenders to the penitentiary or reformatory when consecutive misdemeanor sentences totalling more than one year are imposed. 

A misdemeanor sentence is always served concurrently with a penitentiary or reformatory sentence for felony. Two or more felony sentences are served concurrently unless the trial court specifies that they are consecutive, or unless one such sentence is for prison riot under section 2917.02(B), or for escape or aiding escape under 2921.34 or 2921.35(B), respectively, or unless one such sentence is imposed for a new felony committed by a probationer, parolee, or escapee. 

When consecutive sentences for felony are imposed, the minimum and maximum terms are separately totalled to determine a single minimum and a single maximum. For example, if an offender is sentenced to 2 to 5 years for grand theft and 7 to 25 years for aggravated robbery, the sentence to be served is 9 to 30 years. The total minimum term, however, may not exceed 20 years when one of the sentences is for aggravated murder, and may not exceed 15 years in other cases. If one consecutive term is for prison riot, escape, aiding escape, or a felony committed by a probationer, parolee, or escapee, the total minimum term is reduced by the time already served by the offender on any term included in the consecutive sentence. 

Consecutive terms for misdemeanor are totalled to determine the term to be served, but the total may not exceed 18 months. If the total exceeds one year, and one of the consecutive terms is for a first degree misdemeanor, the trial court has the option of committing the offender to the penitentiary or reformatory to serve his sentence.