As Passed by the Senate 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
SENATORS BLESSING-LATTA-GAETH-OELSLAGER-MUMPER-RAY- 12
CUPP-WATTS-SUHADOLNIK-DRAKE 13
15
A B I L L
To amend sections 2903.01, 2903.02, and 2923.161 of 17
the Revised Code to expand the offense of murder 19
to also prohibit causing the death of another as 20
a proximate result of committing or attempting to 22
commit an offense of violence that is a felony of 23
the first or second degree and that is not 24
voluntary manslaughter or involuntary
manslaughter, to eliminate provisions regarding 25
proof of specific intent and the use of inference 27
in an aggravated murder trial, and to increase 28
the penalty for improperly discharging a firearm
at or into a habitation or school from a felony 29
of the third degree to a felony of the second 30
degree when the offender has no prior conviction
of the offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 2903.01, 2903.02, and 2923.161 of 34
the Revised Code be amended to read as follows: 36
Sec. 2903.01. (A) No person shall purposely, and with 46
prior calculation and design, cause the death of another or the 47
unlawful termination of another's pregnancy. 48
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(B) No person shall purposely cause the death of another 50
or the unlawful termination of another's pregnancy while 52
committing or attempting to commit, or while fleeing immediately 53
after committing or attempting to commit, kidnapping, rape, 54
aggravated arson or arson, aggravated robbery or robbery,
aggravated burglary or burglary, or escape. 55
(C) No person shall purposely cause the death of another 57
who is under thirteen years of age at the time of the commission 58
of the offense.
(D) Whoever violates this section is guilty of aggravated 60
murder, and shall be punished as provided in section 2929.02 of 61
the Revised Code. 62
(E) No person shall be convicted of aggravated murder 64
unless the person is specifically found to have intended to cause 66
the death of another or, if the case involves an alleged
violation of division (A) or (B) of this section, the unlawful 68
termination of another's pregnancy. In no case shall a jury in 69
an aggravated murder case be instructed in such a manner that it 70
may believe that a person who commits or attempts to commit any 71
offense listed in division (B) of this section is to be 72
conclusively inferred, because the person engaged in a common 73
design with others to commit the offense by force and violence or 75
because the offense and the manner of its commission would be 76
likely to produce death or the unlawful termination of another's 77
pregnancy, to have intended to cause the death of any person who 78
is killed or the unlawful termination of another's pregnancy 79
during the commission of, attempt to commit, or flight from the 81
commission of or attempt to commit, the offense. If a jury in an 82
aggravated murder case is instructed that a person who commits or 83
attempts to commit any offense listed in division (B) of this 84
section may be inferred, because the offender engaged in a common 85
design with others to commit the offense by force or violence or 86
because the offense and the manner of its commission would be 87
likely to produce death or the unlawful termination of another's 88
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pregnancy, to have intended to cause the death of any person who 90
is killed or the unlawful termination of another's pregnancy 91
during the commission of, attempt to commit, or flight from the 92
commission of or attempt to commit the offense, the jury also 93
shall be instructed that the inference is nonconclusive, that the 94
inference may be considered in determining intent, that it is to 95
consider all evidence introduced by the prosecution to indicate 96
the person's intent and by the person to indicate the person's 97
lack of intent in determining whether the person specifically 99
intended to cause the death of the person killed or the unlawful 100
termination of another's pregnancy, and that the prosecution must 101
prove the specific intent of the person to have caused the death 102
or the unlawful termination of another's pregnancy by proof 103
beyond a reasonable doubt. 104
Sec. 2903.02. (A) No person shall purposely cause the 113
death of another or the unlawful termination of another's 114
pregnancy.
(B) NO PERSON SHALL CAUSE THE DEATH OF ANOTHER AS A 116
PROXIMATE RESULT OF THE OFFENDER'S COMMITTING OR ATTEMPTING TO 117
COMMIT AN OFFENSE OF VIOLENCE THAT IS A FELONY OF THE FIRST OR 119
SECOND DEGREE AND THAT IS NOT A VIOLATION OF SECTION 2903.03 OR 120
2903.04 OF THE REVISED CODE.
(C) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO AN 122
OFFENSE THAT BECOMES A FELONY OF THE FIRST OR SECOND DEGREE ONLY 123
IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF THAT OFFENSE OR 125
ANOTHER SPECIFIED OFFENSE. 126
(D) Whoever violates this section is guilty of murder, and 127
shall be punished as provided in section 2929.02 of the Revised 128
Code.
Sec. 2923.161. (A) No person, without privilege to do so, 137
shall knowingly discharge a firearm at or into an occupied 138
structure that is a permanent or temporary habitation of any 139
individual or a school. 140
(B) This section does not apply to any officer, agent, or 142
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employee of this or any other state or the United States, or to 143
any law enforcement officer, who discharges the firearm while 144
acting within the scope of the officer's, agent's, or employee's 145
duties.
(C) Whoever violates this section is guilty of improperly 147
discharging a firearm at or into a habitation or school. Except 148
as otherwise provided in this division, improperly discharging a 149
firearm at or into a habitation or school is a felony of the 150
third degree. If the offender previously has been convicted of 151
or pleaded guilty to a violation of this section, improperly 152
discharging a firearm at or into a habitation or school is, a 153
felony of the second degree. 154
(D) As used in this section, "occupied structure" has the 156
same meaning as in section 2909.01 of the Revised Code. 157
Section 2. That existing sections 2903.01, 2903.02, and 159
2923.161 of the Revised Code are hereby repealed. 161