As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 5 5
1997-1998 6
REPRESENTATIVES TAYLOR-O'BRIEN-JERSE-BATCHELDER-LUCAS- 8
CATES-FOX 9
11
A B I L L
To amend sections 2903.01 and 2903.02 of the Revised 13
Code to expand the offense of murder by 14
prohibiting a person from causing the death of 15
another as a proximate result of committing or 17
attempting to commit a felony offense of 18
violence and to eliminate provisions regarding 19
proof of specific intent and the use of 20
inference in an aggravated murder trial. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2903.01 and 2903.02 of the 26
Revised Code be amended to read as follows: 27
Sec. 2903.01. (A) No person shall purposely, and with 37
prior calculation and design, cause the death of another or the 38
unlawful termination of another's pregnancy. 39
(B) No person shall purposely cause the death of another 41
or the unlawful termination of another's pregnancy while 43
committing or attempting to commit, or while fleeing immediately 44
after committing or attempting to commit kidnapping, rape, 45
aggravated arson or arson, aggravated robbery or robbery,
aggravated burglary or burglary, or escape. 46
(C) Whoever violates this section is guilty of aggravated 48
murder, and shall be punished as provided in section 2929.02 of 49
the Revised Code. 50
(D) No person shall be convicted of aggravated murder 52
unless the person is specifically found to have intended to cause 54
2
the death of another or the unlawful termination of another's 55
pregnancy. In no case shall a jury in an aggravated murder case 57
be instructed in such a manner that it may believe that a person 58
who commits or attempts to commit any offense listed in division 59
(B) of this section is to be conclusively inferred, because the 60
person engaged in a common design with others to commit the 62
offense by force and violence or because the offense and the 63
manner of its commission would be likely to produce death or the 64
unlawful termination of another's pregnancy, to have intended to 65
cause the death of any person who is killed or the unlawful 66
termination of another's pregnancy during the commission of, 67
attempt to commit, or flight from the commission of or attempt to 68
commit, the offense. If a jury in an aggravated murder case is 69
instructed that a person who commits or attempts to commit any 70
offense listed in division (B) of this section may be inferred, 71
because the offender engaged in a common design with others to 73
commit the offense by force or violence or because the offense 74
and the manner of its commission would be likely to produce death 75
or the unlawful termination of another's pregnancy, to have 76
intended to cause the death of any person who is killed or the 77
unlawful termination of another's pregnancy during the commission 78
of, attempt to commit, or flight from the commission of or 79
attempt to commit the offense, the jury also shall be instructed 80
that the inference is nonconclusive, that the inference may be 81
considered in determining intent, that it is to consider all 82
evidence introduced by the prosecution to indicate the person's 83
intent and by the person to indicate the person's lack of intent 84
in determining whether the person specifically intended to cause 86
the death of the person killed or the unlawful termination of 87
another's pregnancy, and that the prosecution must prove the 88
specific intent of the person to have caused the death or the 89
unlawful termination of another's pregnancy by proof beyond a 91
reasonable doubt.
Sec. 2903.02. (A) No person shall purposely cause the 100
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death of another or the unlawful termination of another's 101
pregnancy.
(B) NO PERSON SHALL CAUSE THE DEATH OF ANOTHER AS A 103
PROXIMATE RESULT OF THE OFFENDER'S COMMITTING OR ATTEMPTING TO 104
COMMIT A FELONY OFFENSE OF VIOLENCE. 106
(C) AS USED IN DIVISION (B) OF THIS SECTION, "FELONY 107
OFFENSE OF VIOLENCE" MEANS AN OFFENSE OF VIOLENCE THAT IS A 108
FELONY. "FELONY OFFENSE OF VIOLENCE" DOES NOT INCLUDE AN OFFENSE 109
OF VIOLENCE THAT IS A MISDEMEANOR ON A FIRST OFFENSE AND THAT 110
BECOMES A FELONY ONLY IF THE OFFENDER PREVIOUSLY HAS BEEN 111
CONVICTED OF THAT OFFENSE OR ANOTHER SPECIFIED OFFENSE. 112
(D) Whoever violates this section is guilty of murder, and 113
shall be punished as provided in section 2929.02 of the Revised 114
Code.
Section 2. That existing sections 2903.01 and 2903.02 of 116
the Revised Code are hereby repealed. 117