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
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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
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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
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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