As Passed by the House 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-CORBIN-THOMPSON-VESPER-HARRIS-O'BRIEN-ROMAN- 9
JOHNSON-METZGER-AMSTUTZ-OLMAN-MOTTL-REID 10
13
A B I L L
To enact section 109.97 of the Revised Code to 16
require the Attorney General to annually prepare 17
and file with specified individuals a capital 18
case status report. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 109.97 of the Revised Code be 23
enacted to read as follows: 24
Sec. 109.97. (A) AS USED IN THIS SECTION: 26
(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE 28
CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION 29
2967.01 OF THE REVISED CODE. 31
(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF 33
THE FOLLOWING CIRCUMSTANCES APPLY ON THE THIRTY-FIRST DAY OF 35
DECEMBER OF THE CALENDAR YEAR COVERED BY A CAPITAL CASE STATUS 36
REPORT DESCRIBED IN DIVISIONS (B) AND (C) OF THIS SECTION TO AN 38
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 39
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 40
(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH SECTION 43
2949.22 OF THE REVISED CODE FOR THE AGGRAVATED MURDER, OR THE
INDIVIDUAL OTHERWISE IS DECEASED. 44
(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE 46
CORRECTIONAL INSTITUTION WAITING FOR THE EXECUTION OF THE 48
SENTENCE OF DEATH.
2
(c) THE INDIVIDUAL HAS BEEN RELEASED FROM CONFINEMENT IN A 51
STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED IN 52
CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN
GRANTED A COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER 53
AND HAS BEEN RELEASED FROM CONFINEMENT OR IS SERVING A PRISON 54
TERM OR SENTENCE OF IMPRISONMENT PURSUANT TO THE COMMUTATION. 55
(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 57
OR REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 58
2929.05 OF THE REVISED CODE OR OTHERWISE HAS BEEN RELIEVED OF THE 59
SENTENCE OF DEATH BY A COURT OF THIS STATE OR THE UNITED STATES. 60
(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED 62
AS DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR OTHERWISE, 64
THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR
OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE 65
INDIVIDUAL IS A PRISONER SERVING A PRISON TERM OR SENTENCE OF 67
IMPRISONMENT IN A STATE CORRECTIONAL INSTITUTION. 68
(f) THE INDIVIDUAL IS CONFINED IN A CORRECTIONAL 71
INSTITUTION OF ANOTHER STATE OR THE UNITED STATES FOR THE 72
COMMISSION OF ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE 73
WITH A SENTENCE OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR 74
THE UNITED STATES FOR THE COMMISSION OF ANOTHER OFFENSE. 76
(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE 78
CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF ANOTHER 80
STATE OR THE UNITED STATES AND CURRENTLY IS AT-LARGE. 81
(B) THE ATTORNEY GENERAL ANNUALLY SHALL PREPARE OR CAUSE 84
TO BE PREPARED A CAPITAL CASE STATUS REPORT THAT PERTAINS TO ALL 85
INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 86
2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN 88
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981, AND 89
THAT CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION 90
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE ATTORNEY 92
GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE STATUS 93
REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE OF THE SUPREME COURT, 94
THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 95
3
REPRESENTATIVES NO LATER THAN THE FIRST DAY OF APRIL OF THE 96
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. 97
EACH ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC RECORD 99
SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH SECTION 100
149.43 OF THE REVISED CODE. 101
(C)(1) AN ANNUAL CAPITAL CASE STATUS REPORT PREPARED 104
PURSUANT TO DIVISION (B) OF THIS SECTION SHALL CONTAIN ALL OF THE 106
FOLLOWING INFORMATION THAT PERTAINS AS OF THE THIRTY-FIRST DAY OF 107
DECEMBER OF THE CALENDAR YEAR COVERED BY THE REPORT TO EACH 109
INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 110
2929.02 TO 2929.04 OR 2929.06 OF THE REVISED CODE FOR AN 111
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981: 112
(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS OF EACH 115
CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH PURSUANT TO 116
SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED 117
CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 118
1981;
(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL 120
STATUS; 121
(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL ACTIONS TO 124
VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE SENTENCE OF 125
DEATH DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION, INCLUDING, 127
BUT NOT LIMITED TO, MOTIONS TO VACATE THE SENTENCE OF DEATH, 128
APPEALS, PETITIONS FOR POSTCONVICTION RELIEF, AND PETITIONS FOR 129
HABEAS CORPUS RELIEF FILED WITH A COURT OF THIS STATE OR A COURT 130
OF THE UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER 131
SECTION OF THE REVISED CODE, THE OHIO CONSTITUTION, FEDERAL 133
STATUTES, OR THE UNITED STATES CONSTITUTION; 134
(d) ANY OTHER INFORMATION THAT THE ATTORNEY GENERAL 137
DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A
TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S 138
SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE 140
REVISED CODE.
(2) IN EACH ANNUAL CAPITAL CASE STATUS REPORT PREPARED 143
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PURSUANT TO DIVISION (B) OF THIS SECTION, THE ATTORNEY GENERAL 145
SHALL SET FORTH OR CAUSE TO BE SET FORTH THE INFORMATION 146
DESCRIBED IN DIVISION (C)(1) OF THIS SECTION IN THE FORM THAT THE 148
ATTORNEY GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT 149
INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, 150
GRAPHS, AND NARRATIVE SUMMARIES. 151
(D) ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF THIS 154
STATE AND ITS POLITICAL SUBDIVISIONS SHALL COOPERATE, UPON 155
REQUEST OF THE ATTORNEY GENERAL, IN PROVIDING INFORMATION THAT 156
FACILITATES THE ATTORNEY GENERAL IN THE PERFORMANCE OF THE 157
ATTORNEY GENERAL'S RESPONSIBILITIES UNDER THIS SECTION. 158