As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. 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
SENATOR LATTA 12
14
A B I L L
To amend section 2901.13 of the Revised Code to 16
extend to 20 years the time within which certain 17
serious offenses may be prosecuted. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2901.13 of the Revised Code be 21
amended to read as follows: 22
Sec. 2901.13. (A)(1) Except as otherwise provided IN 31
DIVISION (A)(2) OR (3) OF THIS SECTION OR AS OTHERWISE PROVIDED 32
in this section, a prosecution shall be barred unless it is 34
commenced within the following periods after an offense is 35
committed:
(1)(a) For a felony other than aggravated murder or 38
murder, six years; 39
(2)(b) For a misdemeanor other than a minor misdemeanor, 41
two years; 42
(3)(c) For a minor misdemeanor, six months. 44
(2) THERE IS NO PERIOD OF LIMITATION FOR THE PROSECUTION 46
OF A VIOLATION OF SECTION 2903.01 OR 2903.02 OF THE REVISED CODE. 47
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B) TO (H) 49
OF THIS SECTION, A PROSECUTION OF ANY OF THE FOLLOWING OFFENSES 50
SHALL BE BARRED UNLESS IT IS COMMENCED WITHIN TWENTY YEARS AFTER 52
THE OFFENSE IS COMMITTED:
2
(a) A VIOLATION OF SECTION 2903.03, 2903.04, 2905.01, 54
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 55
2911.02, 2911.11, 2911.12, OR 2917.02 OF THE REVISED CODE, A 57
VIOLATION OF SECTION 2903.11 OR 2903.12 OF THE REVISED CODE IF
THE VICTIM IS A PEACE OFFICER, A VIOLATION OF SECTION 2903.13 OF 58
THE REVISED CODE THAT IS A FELONY, OR A VIOLATION OF FORMER 59
SECTION 2907.12 OF THE REVISED CODE;
(b) A CONSPIRACY TO COMMIT, ATTEMPT TO COMMIT, OR 61
COMPLICITY IN COMMITTING A VIOLATION SET FORTH IN DIVISION 62
(A)(3)(a) OF THIS SECTION. 63
(B) If the period of limitation provided in division 65
(A)(1) OR (3) of this section has expired, prosecution shall be 67
commenced for an offense of which an element is fraud or breach 68
of a fiduciary duty, within one year after discovery of the 69
offense either by an aggrieved person, or by his THE AGGRIEVED 70
PERSON'S legal representative who is not himself a party to the 72
offense.
(C) If the period of limitation provided in division 74
(A)(1) OR (3) of this section has expired, prosecution shall be 75
commenced for an offense involving misconduct in office by a 77
public servant as defined in section 2921.01 of the Revised Code, 78
at any time while the accused remains a public servant, or within 79
two years thereafter. 80
(D) An offense is committed when every element of the 82
offense occurs. In the case of an offense of which an element is 83
a continuing course of conduct, the period of limitation does not 84
begin to run until such course of conduct or the accused's 85
accountability for it terminates, whichever occurs first. 86
(E) A prosecution is commenced on the date an indictment 88
is returned or an information filed, or on the date a lawful 89
arrest without a warrant is made, or on the date a warrant, 90
summons, citation, or other process is issued, whichever occurs 91
first. A prosecution is not commenced by the return of an 92
indictment or the filing of an information unless reasonable 93
3
diligence is exercised to issue and execute process on the same. 94
A prosecution is not commenced upon issuance of a warrant, 95
summons, citation, or other process, unless reasonable diligence 96
is exercised to execute the same. 97
(F) The period of limitation shall not run during any time 99
when the corpus delicti remains undiscovered. 100
(G) The period of limitation shall not run during any time 102
when the accused purposely avoids prosecution. Proof that the 103
accused absented himself from DEPARTED this state or concealed 104
his THE ACCUSED'S identity or whereabouts is prima-facie evidence 106
of his THE ACCUSED'S purpose to avoid prosecution. 108
(H) The period of limitation shall not run during any time 110
a prosecution against the accused based on the same conduct is 111
pending in this state, even though the indictment, information, 112
or process which commenced the prosecution is quashed or the 113
proceedings thereon are set aside or reversed on appeal. 114
(I) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME 116
MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 117
Section 2. That existing section 2901.13 of the Revised 119
Code is hereby repealed. 120
Section 3. Section 2901.13 of the Revised Code, as amended 122
by this act, applies to an offense committed on and after the 123
effective date of this act and applies to an offense committed 125
prior to the effective date of this act if prosecution for that 126
offense was not barred under section 2901.13 of the Revised Code 127
as it existed on the day prior to the effective date of this act.