As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 49   5            

      1997-1998                                                    6            


      REPRESENTATIVES SCHUCK-OPFER-THOMAS-BATCHELDER-LUCAS-        8            

       HOOD-ROMAN-COUGHLIN-GARCIA-FORD-TAYLOR-MASON-JERSE          9            


                                                                   11           

                           A   B I L L                                          

             To amend section 2901.13 of the Revised Code to       13           

                extend to 20 years the time within which certain   14           

                serious offenses may be  prosecuted.               15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 2901.13 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2901.13.  (A)(1)  Except as otherwise provided IN       28           

DIVISION (A)(2) OR (3) OF THIS SECTION OR AS OTHERWISE PROVIDED    29           

in this section, a prosecution shall be barred unless it is        31           

commenced within the following periods after an offense is         32           

committed:                                                                      

      (1)(a)  For a felony other than aggravated murder or         35           

murder, six years;                                                 36           

      (2)(b)  For a misdemeanor other than a minor misdemeanor,    38           

two years;                                                         39           

      (3)(c)  For a minor misdemeanor, six months.                 41           

      (2)  THERE IS NO PERIOD OF LIMITATION FOR THE PROSECUTION    43           

OF A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE REVISED CODE.  44           

      (3)  A PROSECUTION OF ANY OF THE FOLLOWING OFFENSES SHALL    46           

BE BARRED UNLESS IT IS COMMENCED WITHIN TWENTY YEARS AFTER THE     47           

OFFENSE IS COMMITTED:                                                           

      (a)  A VIOLATION OF SECTION 2903.04, 2907.02, 2907.03,       50           

2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.11, OR 2917.02   51           

OF THE REVISED CODE, A VIOLATION OF SECTION 2903.11 OR 2903.12 OF               

THE REVISED CODE IF THE VICTIM IS A PEACE OFFICER, A VIOLATION OF  52           

                                                          2      

                                                                 
SECTION 2903.13 OF THE REVISED CODE THAT IS A FELONY, OR A                      

VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE;           53           

      (b)  A CONSPIRACY TO COMMIT, ATTEMPT TO COMMIT, OR           55           

COMPLICITY IN COMMITTING A VIOLATION SET FORTH IN DIVISION         56           

(A)(3)(a) OF THIS SECTION.                                         57           

      (B)  If the period of limitation provided in division        59           

(A)(1) OR (3) of this section has expired, prosecution shall be    61           

commenced for an offense of which an element is fraud or breach    62           

of a fiduciary duty, within one year after discovery of the        63           

offense either by an aggrieved person, or by his THE AGGRIEVED     64           

PERSON'S legal representative who is not himself a party to the    66           

offense.                                                                        

      (C)  If the period of limitation provided in division        68           

(A)(1) OR (3) of this section has expired, prosecution shall be    69           

commenced for an offense involving misconduct in office by a       71           

public servant as defined in section 2921.01 of the Revised Code,  72           

at any time while the accused remains a public servant, or within  73           

two years thereafter.                                              74           

      (D)  An offense is committed when every element of the       76           

offense occurs.  In the case of an offense of which an element is  77           

a continuing course of conduct, the period of limitation does not  78           

begin to run until such course of conduct or the accused's         79           

accountability for it terminates, whichever occurs first.          80           

      (E)  A prosecution is commenced on the date an indictment    82           

is returned or an information filed, or on the date a lawful       83           

arrest without a warrant is made, or on the date a warrant,        84           

summons, citation, or other process is issued, whichever occurs    85           

first.  A prosecution is not commenced by the return of an         86           

indictment or the filing of an information unless reasonable       87           

diligence is exercised to issue and execute process on the same.   88           

A prosecution is not commenced upon issuance of a warrant,         89           

summons, citation, or other process, unless reasonable diligence   90           

is exercised to execute the same.                                  91           

      (F)  The period of limitation shall not run during any time  93           

                                                          3      

                                                                 
when the corpus delicti remains undiscovered.                      94           

      (G)  The period of limitation shall not run during any time  96           

when the accused purposely avoids prosecution.  Proof that the     97           

accused absented himself from DEPARTED this state or concealed     98           

his THE ACCUSED'S identity or whereabouts is prima-facie evidence  100          

of his THE ACCUSED'S purpose to avoid prosecution.                 102          

      (H)  The period of limitation shall not run during any time  104          

a prosecution against the accused based on the same conduct is     105          

pending in this state, even though the indictment, information,    106          

or process which commenced the prosecution is quashed or the       107          

proceedings thereon are set aside or reversed on appeal.           108          

      (I)  AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME   110          

MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.                 111          

      Section 2.  That existing section 2901.13 of the Revised     113          

Code is hereby repealed.                                           114          

      Section 3.  Section 2901.13 of the Revised Code, as amended  116          

by this act, applies to an offense committed on and after the      117          

effective date of this act and applies to an offense committed     119          

prior to the effective date of this act if prosecution for that    120          

offense was not barred under section 2901.13 of the Revised Code   121          

as it existed on the day prior to the effective date of this act.