As Passed by the House 1
122nd General Assembly 4
Regular Session Am. H. B. No. 5 5
1997-1998 6
REPRESENTATIVES TAYLOR-O'BRIEN-JERSE-BATCHELDER-LUCAS-CATES- 8
FOX-GARCIA-MYERS-GRENDELL-BRADING-HOUSEHOLDER-PRINGLE- 9
THOMAS-CAREY-HOTTINGER-MOTTL-ROMAN-CORE-METELSKY- 10
JOHNSON-COLONNA-LEWIS-VERICH-BRADY-THOMPSON-MASON 11
14
A B I L L
To amend sections 2903.01 and 2903.02 of the Revised 16
Code to expand the offense of murder by 17
prohibiting a person from causing the death of 18
another as a proximate result of committing or 20
attempting to commit a felony offense of 21
violence and to eliminate provisions regarding 22
proof of specific intent and the use of 23
inference in an aggravated murder trial. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2903.01 and 2903.02 of the 29
Revised Code be amended to read as follows: 30
Sec. 2903.01. (A) No person shall purposely, and with 40
prior calculation and design, cause the death of another or the 41
unlawful termination of another's pregnancy. 42
(B) No person shall purposely cause the death of another 44
or the unlawful termination of another's pregnancy while 46
committing or attempting to commit, or while fleeing immediately 47
after committing or attempting to commit, kidnapping, rape, 48
aggravated arson or arson, aggravated robbery or robbery,
aggravated burglary or burglary, or escape. 49
(C) No person shall purposely cause the death of another 51
who is under thirteen years of age at the time of the commission 52
of the offense.
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(D) Whoever violates this section is guilty of aggravated 54
murder, and shall be punished as provided in section 2929.02 of 55
the Revised Code. 56
(E) No person shall be convicted of aggravated murder 58
unless the person is specifically found to have intended to cause 60
the death of another or, if the case involves an alleged
violation of division (A) or (B) of this section, the unlawful 62
termination of another's pregnancy. In no case shall a jury in 63
an aggravated murder case be instructed in such a manner that it 64
may believe that a person who commits or attempts to commit any 65
offense listed in division (B) of this section is to be 66
conclusively inferred, because the person engaged in a common 67
design with others to commit the offense by force and violence or 69
because the offense and the manner of its commission would be 70
likely to produce death or the unlawful termination of another's 71
pregnancy, to have intended to cause the death of any person who 72
is killed or the unlawful termination of another's pregnancy 73
during the commission of, attempt to commit, or flight from the 75
commission of or attempt to commit, the offense. If a jury in an 76
aggravated murder case is instructed that a person who commits or 77
attempts to commit any offense listed in division (B) of this 78
section may be inferred, because the offender engaged in a common 79
design with others to commit the offense by force or violence or 80
because the offense and the manner of its commission would be 81
likely to produce death or the unlawful termination of another's 82
pregnancy, to have intended to cause the death of any person who 84
is killed or the unlawful termination of another's pregnancy 85
during the commission of, attempt to commit, or flight from the 86
commission of or attempt to commit the offense, the jury also 87
shall be instructed that the inference is nonconclusive, that the 88
inference may be considered in determining intent, that it is to 89
consider all evidence introduced by the prosecution to indicate 90
the person's intent and by the person to indicate the person's 91
lack of intent in determining whether the person specifically 93
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intended to cause the death of the person killed or the unlawful 94
termination of another's pregnancy, and that the prosecution must 95
prove the specific intent of the person to have caused the death 96
or the unlawful termination of another's pregnancy by proof 97
beyond a reasonable doubt. 98
Sec. 2903.02. (A) No person shall purposely cause the 107
death of another or the unlawful termination of another's 108
pregnancy.
(B) NO PERSON SHALL CAUSE THE DEATH OF ANOTHER AS A 110
PROXIMATE RESULT OF THE OFFENDER'S COMMITTING OR ATTEMPTING TO 111
COMMIT A FELONY OFFENSE OF VIOLENCE. 113
(C) AS USED IN DIVISION (B) OF THIS SECTION, "FELONY 114
OFFENSE OF VIOLENCE" MEANS AN OFFENSE OF VIOLENCE THAT IS A 115
FELONY. "FELONY OFFENSE OF VIOLENCE" DOES NOT INCLUDE AN OFFENSE 116
OF VIOLENCE THAT IS A MISDEMEANOR ON A FIRST OFFENSE AND THAT 117
BECOMES A FELONY ONLY IF THE OFFENDER PREVIOUSLY HAS BEEN 118
CONVICTED OF THAT OFFENSE OR ANOTHER SPECIFIED OFFENSE. 119
(D) Whoever violates this section is guilty of murder, and 120
shall be punished as provided in section 2929.02 of the Revised 121
Code.
Section 2. That existing sections 2903.01 and 2903.02 of 123
the Revised Code are hereby repealed. 124