Ohio § 2929.61

§ 2929.61.

(A) Persons charged with a capital offense committed prior to January 1, 1974, shall

be prosecuted under the law as it existed at the time the offense was committed, and,

if convicted, shall be imprisoned for life, except that whenever the statute under

which any such person is prosecuted provides for a lesser penalty under the circumstances

of the particular case, such lesser penalty shall be imposed. (B) Persons charged with an offense, other than a capital offense, committed prior to

January 1, 1974, shall be prosecuted under the law as it existed at the time the offense

was committed.  Persons convicted or sentenced on or after January 1, 1974, for an offense committed

prior to January 1, 1974, shall be sentenced according to the penalty for commission

of the substantially equivalent offense under Amended Substitute House Bill 511 of

the 109th General Assembly.  If the offense for which sentence is being imposed does not have a substantial equivalent

under that act, or if that act provides a more severe penalty than that originally

prescribed for the offense of which the person is convicted, then sentence shall be

imposed under the law as it existed prior to January 1, 1974. (C) Persons charged with an offense that is a felony of the third or fourth degree and

that was committed on or after January 1, 1974, and before July 1, 1983, shall be

prosecuted under the law as it existed at the time the offense was committed.  Persons convicted or sentenced on or after July 1, 1983, for an offense that is

a felony of the third or fourth degree and that was committed on or after January

1, 1974, and before July 1, 1983, shall be notified by the court sufficiently in advance

of sentencing that they may choose to be sentenced pursuant to either the law in effect

at the time of the commission of the offense or the law in effect at the time of sentencing.  This notice shall be written and shall include the differences between and possible

effects of the alternative sentence forms and the effect of the person's refusal to

choose.  The person to be sentenced shall then inform the court in writing of the person's

choice, and shall be sentenced accordingly.  Any person choosing to be sentenced pursuant to the law in effect at the time of

the commission of an offense that is a felony of the third or fourth degree shall

then be eligible for parole, and this person cannot at a later date have the person's

sentence converted to a definite sentence.  If the person refuses to choose between the two possible sentences, the person shall

be sentenced pursuant to the law in effect at the time of the commission of the offense. (D) Persons charged with an offense that was a felony of the first or second degree at

the time it was committed, that was committed on or after January 1, 1974, and that

was committed prior to July 1, 1983, shall be prosecuted for that offense and, if

convicted, shall be sentenced under the law as it existed at the time the offense

was committed. (E) Persons charged with an offense that is a felony of the first or second degree that

was committed prior to the effective date of this amendment shall be prosecuted for

that offense and, if convicted, shall be sentenced under the law as it existed at

the time the offense was committed.