As Passed by the House                        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            

    TIBERI-BRADING-BRADY-MYERS-O'BRIEN-COLONNA-METZGER-MOTTL-      10           

       REID-WESTON-GRENDELL-MOTTLEY-PADGETT-VESPER-JOHNSON         11           


                                                                   13           

                           A   B I L L                                          

             To amend section 2901.13 of the Revised Code to       15           

                extend to 20 years the time within which certain   16           

                serious offenses may be  prosecuted.               17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 2901.13 of the Revised Code be      20           

amended to read as follows:                                        21           

      Sec. 2901.13.  (A)(1)  Except as otherwise provided IN       30           

DIVISION (A)(2) OR (3) OF THIS SECTION OR AS OTHERWISE PROVIDED    31           

in this section, a prosecution shall be barred unless it is        33           

commenced within the following periods after an offense is         34           

committed:                                                                      

      (1)(a)  For a felony other than aggravated murder or         37           

murder, six years;                                                 38           

      (2)(b)  For a misdemeanor other than a minor misdemeanor,    40           

two years;                                                         41           

      (3)(c)  For a minor misdemeanor, six months.                 43           

      (2)  THERE IS NO PERIOD OF LIMITATION FOR THE PROSECUTION    45           

OF A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE REVISED CODE.  46           

      (3)  A PROSECUTION OF ANY OF THE FOLLOWING OFFENSES SHALL    48           

BE BARRED UNLESS IT IS COMMENCED WITHIN TWENTY YEARS AFTER THE     49           

OFFENSE IS COMMITTED:                                                           

      (a)  A VIOLATION OF SECTION 2903.04, 2907.02, 2907.03,       52           

2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.11, OR 2917.02   53           

                                                          2      

                                                                 
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  54           

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

VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE;           55           

      (b)  A CONSPIRACY TO COMMIT, ATTEMPT TO COMMIT, OR           57           

COMPLICITY IN COMMITTING A VIOLATION SET FORTH IN DIVISION         58           

(A)(3)(a) OF THIS SECTION.                                         59           

      (B)  If the period of limitation provided in division        61           

(A)(1) OR (3) of this section has expired, prosecution shall be    63           

commenced for an offense of which an element is fraud or breach    64           

of a fiduciary duty, within one year after discovery of the        65           

offense either by an aggrieved person, or by his THE AGGRIEVED     66           

PERSON'S legal representative who is not himself a party to the    68           

offense.                                                                        

      (C)  If the period of limitation provided in division        70           

(A)(1) OR (3) of this section has expired, prosecution shall be    71           

commenced for an offense involving misconduct in office by a       73           

public servant as defined in section 2921.01 of the Revised Code,  74           

at any time while the accused remains a public servant, or within  75           

two years thereafter.                                              76           

      (D)  An offense is committed when every element of the       78           

offense occurs.  In the case of an offense of which an element is  79           

a continuing course of conduct, the period of limitation does not  80           

begin to run until such course of conduct or the accused's         81           

accountability for it terminates, whichever occurs first.          82           

      (E)  A prosecution is commenced on the date an indictment    84           

is returned or an information filed, or on the date a lawful       85           

arrest without a warrant is made, or on the date a warrant,        86           

summons, citation, or other process is issued, whichever occurs    87           

first.  A prosecution is not commenced by the return of an         88           

indictment or the filing of an information unless reasonable       89           

diligence is exercised to issue and execute process on the same.   90           

A prosecution is not commenced upon issuance of a warrant,         91           

summons, citation, or other process, unless reasonable diligence   92           

                                                          3      

                                                                 
is exercised to execute the same.                                  93           

      (F)  The period of limitation shall not run during any time  95           

when the corpus delicti remains undiscovered.                      96           

      (G)  The period of limitation shall not run during any time  98           

when the accused purposely avoids prosecution.  Proof that the     99           

accused absented himself from DEPARTED this state or concealed     100          

his THE ACCUSED'S identity or whereabouts is prima-facie evidence  102          

of his THE ACCUSED'S purpose to avoid prosecution.                 104          

      (H)  The period of limitation shall not run during any time  106          

a prosecution against the accused based on the same conduct is     107          

pending in this state, even though the indictment, information,    108          

or process which commenced the prosecution is quashed or the       109          

proceedings thereon are set aside or reversed on appeal.           110          

      (I)  AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME   112          

MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.                 113          

      Section 2.  That existing section 2901.13 of the Revised     115          

Code is hereby repealed.                                           116          

      Section 3.  Section 2901.13 of the Revised Code, as amended  118          

by this act, applies to an offense committed on and after the      119          

effective date of this act and applies to an offense committed     121          

prior to the effective date of this act if prosecution for that    122          

offense was not barred under section 2901.13 of the Revised Code   123          

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