As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 18 5
1997-1998 6
REPRESENTATIVES TAYLOR-GARDNER-TERWILLEGER-FOX-GARCIA-MASON- 8
MYERS-PRENTISS 9
12
A B I L L
To enact section 109.97 of the Revised Code to 15
require the Attorney General to annually prepare 16
and file with specified individuals a capital 17
case status report. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 109.97 of the Revised Code be 22
enacted to read as follows: 23
Sec. 109.97. (A) AS USED IN THIS SECTION: 25
(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE 27
CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION 28
2967.01 OF THE REVISED CODE. 30
(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF 32
THE FOLLOWING CIRCUMSTANCES APPLY ON THE THIRTY-FIRST DAY OF 34
DECEMBER OF THE CALENDAR YEAR COVERED BY A CAPITAL CASE STATUS 35
REPORT DESCRIBED IN DIVISIONS (B) AND (C) OF THIS SECTION TO AN 37
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 38
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 39
(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH SECTION 42
2949.22 OF THE REVISED CODE FOR THE AGGRAVATED MURDER, OR THE
INDIVIDUAL OTHERWISE IS DECEASED. 43
(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE 45
CORRECTIONAL INSTITUTION WAITING FOR THE EXECUTION OF THE 47
SENTENCE OF DEATH.
(c) THE INDIVIDUAL HAS BEEN RELEASED FROM CONFINEMENT IN A 50
2
STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED IN 51
CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN
GRANTED A COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER 52
AND HAS BEEN RELEASED FROM CONFINEMENT OR IS SERVING A PRISON 53
TERM OR SENTENCE OF IMPRISONMENT PURSUANT TO THE COMMUTATION. 54
(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 56
OR REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 57
2929.05 OF THE REVISED CODE OR OTHERWISE HAS BEEN RELIEVED OF THE 58
SENTENCE OF DEATH BY A COURT OF THIS STATE OR THE UNITED STATES. 59
(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 61
AS DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR OTHERWISE, 63
THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR
OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE 64
INDIVIDUAL IS A PRISONER SERVING A PRISON TERM OR SENTENCE OF 66
IMPRISONMENT IN A STATE CORRECTIONAL INSTITUTION. 67
(f) THE INDIVIDUAL IS CONFINED IN A CORRECTIONAL 70
INSTITUTION OF ANOTHER STATE OR THE UNITED STATES FOR THE 71
COMMISSION OF ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE 72
WITH A SENTENCE OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR 73
THE UNITED STATES FOR THE COMMISSION OF ANOTHER OFFENSE. 75
(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE 77
CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF ANOTHER 79
STATE OR THE UNITED STATES AND CURRENTLY IS AT-LARGE. 80
(B) THE ATTORNEY GENERAL ANNUALLY SHALL PREPARE OR CAUSE 83
TO BE PREPARED A CAPITAL CASE STATUS REPORT THAT PERTAINS TO ALL 84
INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 85
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN 87
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981, AND 88
THAT CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION 89
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE ATTORNEY 91
GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE STATUS 92
REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE OF THE SUPREME COURT, 93
THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 94
REPRESENTATIVES NO LATER THAN THE FIRST DAY OF APRIL OF THE 95
3
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. 96
EACH ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC RECORD 98
SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH SECTION 99
149.43 OF THE REVISED CODE. 100
(C)(1) AN ANNUAL CAPITAL CASE STATUS REPORT PREPARED 103
PURSUANT TO DIVISION (B) OF THIS SECTION SHALL CONTAIN ALL OF THE 105
FOLLOWING INFORMATION THAT PERTAINS AS OF THE THIRTY-FIRST DAY OF 106
DECEMBER OF THE CALENDAR YEAR COVERED BY THE REPORT TO EACH 108
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 109
2929.02 TO 2929.04 OR 2929.06 OF THE REVISED CODE FOR AN 110
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 111
(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS OF EACH 114
CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH PURSUANT TO 115
SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED 116
CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 117
1981;
(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL 119
STATUS; 120
(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL ACTIONS TO 123
VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE SENTENCE OF 124
DEATH DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION, INCLUDING, 126
BUT NOT LIMITED TO, MOTIONS TO VACATE THE SENTENCE OF DEATH, 127
APPEALS, PETITIONS FOR POSTCONVICTION RELIEF, AND PETITIONS FOR 128
HABEAS CORPUS RELIEF FILED WITH A COURT OF THIS STATE OR A COURT 129
OF THE UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER 130
SECTION OF THE REVISED CODE, THE OHIO CONSTITUTION, FEDERAL 132
STATUTES, OR THE UNITED STATES CONSTITUTION; 133
(d) ANY OTHER INFORMATION THAT THE ATTORNEY GENERAL 136
DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A
TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S 137
SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE 139
REVISED CODE.
(2) IN EACH ANNUAL CAPITAL CASE STATUS REPORT PREPARED 142
PURSUANT TO DIVISION (B) OF THIS SECTION, THE ATTORNEY GENERAL 144
4
SHALL SET FORTH OR CAUSE TO BE SET FORTH THE INFORMATION 145
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION IN THE FORM THAT THE 147
ATTORNEY GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT 148
INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, 149
GRAPHS, AND NARRATIVE SUMMARIES. 150
(D) ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF THIS 153
STATE AND ITS POLITICAL SUBDIVISIONS SHALL COOPERATE, UPON 154
REQUEST OF THE ATTORNEY GENERAL, IN PROVIDING INFORMATION THAT 155
FACILITATES THE ATTORNEY GENERAL IN THE PERFORMANCE OF THE 156
ATTORNEY GENERAL'S RESPONSIBILITIES UNDER THIS SECTION. 157