As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                               Sub. 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           

                        SENATOR BLESSING                           12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 2903.01, 2903.02, and 2923.161 of   16           

                the Revised Code to expand the offense of murder   18           

                to also prohibit causing the death of another as   19           

                a proximate result of committing or attempting to  21           

                commit an offense of violence that is a felony of  22           

                the first or second degree and that is not         23           

                voluntary manslaughter or involuntary                           

                manslaughter, to eliminate provisions regarding    24           

                proof of specific intent and the use of inference  26           

                in an aggravated murder trial, and to increase     27           

                the penalty for improperly discharging a firearm                

                at or into a habitation or school from a felony    28           

                of the third degree to a felony of the second      29           

                degree when the offender has no prior conviction                

                of the offense.                                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That sections 2903.01, 2903.02, and 2923.161 of  33           

the Revised Code be amended to read as follows:                    35           

      Sec. 2903.01.  (A)  No person shall purposely, and with      45           

prior calculation and design, cause the death of another or the    46           

unlawful termination of another's pregnancy.                       47           

      (B)  No person shall purposely cause the death of another    49           

                                                          2      

                                                                 
or the unlawful termination of another's pregnancy while           51           

committing or attempting to commit, or while fleeing immediately   52           

after committing or attempting to commit, kidnapping, rape,        53           

aggravated arson or arson, aggravated robbery or robbery,                       

aggravated burglary or burglary, or escape.                        54           

      (C)  No person shall purposely cause the death of another    56           

who is under thirteen years of age at the time of the commission   57           

of the offense.                                                                 

      (D)  Whoever violates this section is guilty of aggravated   59           

murder, and shall be punished as provided in section 2929.02 of    60           

the Revised Code.                                                  61           

      (E)  No person shall be convicted of aggravated murder       63           

unless the person is specifically found to have intended to cause  65           

the death of another or, if the case involves an alleged                        

violation of division (A) or (B) of this section, the unlawful     67           

termination of another's pregnancy.  In no case shall a jury in    68           

an aggravated murder case be instructed in such a manner that it   69           

may believe that a person who commits or attempts to commit any    70           

offense listed in division (B) of this section is to be            71           

conclusively inferred, because the person engaged in a common      72           

design with others to commit the offense by force and violence or  74           

because the offense and the manner of its commission would be      75           

likely to produce death or the unlawful termination of another's   76           

pregnancy, to have intended to cause the death of any person who   77           

is killed or the unlawful termination of another's pregnancy       78           

during the commission of, attempt to commit, or flight from the    80           

commission of or attempt to commit, the offense.  If a jury in an  81           

aggravated murder case is instructed that a person who commits or  82           

attempts to commit any offense listed in division (B) of this      83           

section may be inferred, because the offender engaged in a common  84           

design with others to commit the offense by force or violence or   85           

because the offense and the manner of its commission would be      86           

likely to produce death or the unlawful termination of another's   87           

pregnancy, to have intended to cause the death of any person who   89           

                                                          3      

                                                                 
is killed or the unlawful termination of another's pregnancy       90           

during the commission of, attempt to commit, or flight from the    91           

commission of or attempt to commit the offense, the jury also      92           

shall be instructed that the inference is nonconclusive, that the  93           

inference may be considered in determining intent, that it is to   94           

consider all evidence introduced by the prosecution to indicate    95           

the person's intent and by the person to indicate the person's     96           

lack of intent in determining whether the person specifically      98           

intended to cause the death of the person killed or the unlawful   99           

termination of another's pregnancy, and that the prosecution must  100          

prove the specific intent of the person to have caused the death   101          

or the unlawful termination of another's pregnancy by proof        102          

beyond a reasonable doubt.                                         103          

      Sec. 2903.02.  (A)  No person shall purposely cause the      112          

death of another or the unlawful termination of another's          113          

pregnancy.                                                                      

      (B)  NO PERSON SHALL CAUSE THE DEATH OF ANOTHER AS A         115          

PROXIMATE RESULT OF THE OFFENDER'S COMMITTING OR ATTEMPTING TO     116          

COMMIT AN OFFENSE OF VIOLENCE THAT IS A FELONY OF THE FIRST OR     118          

SECOND DEGREE AND THAT IS NOT A VIOLATION OF SECTION 2903.03 OR    119          

2903.04 OF THE REVISED CODE.                                                    

      (C)  DIVISION (B) OF THIS SECTION DOES NOT APPLY TO AN       121          

OFFENSE THAT BECOMES A FELONY OF THE FIRST OR SECOND DEGREE ONLY   122          

IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF THAT OFFENSE OR   124          

ANOTHER SPECIFIED OFFENSE.                                         125          

      (D)  Whoever violates this section is guilty of murder, and  126          

shall be punished as provided in section 2929.02 of the Revised    127          

Code.                                                                           

      Sec. 2923.161.  (A)  No person, without privilege to do so,  136          

shall knowingly discharge a firearm at or into an occupied         137          

structure that is a permanent or temporary habitation of any       138          

individual or a school.                                            139          

      (B)  This section does not apply to any officer, agent, or   141          

employee of this or any other state or the United States, or to    142          

                                                          4      

                                                                 
any law enforcement officer, who discharges the firearm while      143          

acting within the scope of the officer's, agent's, or employee's   144          

duties.                                                                         

      (C)  Whoever violates this section is guilty of improperly   146          

discharging a firearm at or into a habitation or school.  Except   147          

as otherwise provided in this division, improperly discharging a   148          

firearm at or into a habitation or school is a felony of the       149          

third degree.  If the offender previously has been convicted of    150          

or pleaded guilty to a violation of this section, improperly       151          

discharging a firearm at or into a habitation or school is, a      152          

felony of the second degree.                                       153          

      (D)  As used in this section, "occupied structure" has the   155          

same meaning as in section 2909.01 of the Revised Code.            156          

      Section 2.  That existing sections 2903.01, 2903.02, and     158          

2923.161 of the Revised Code are hereby repealed.                  160