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
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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
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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.