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.