As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 107 5
1997-1998 6
SENATORS BLESSING-B. JOHNSON-LATTA-OELSLAGER- 8
REPRESENTATIVES MYERS-CALLENDER-WILLAMOWSKI-GARCIA 9
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A B I L L
To amend sections 2929.02, 2929.05, 2929.06, 13
2949.28, 2949.29, and 2949.31 and to repeal 14
sections 2949.30 and 2949.32 of the Revised Code 15
to revise the mechanism for vacating a sentence 16
of death because it is imposed upon an offender 17
under 18 and to revise the mechanism for 18
suspending the execution of a pregnant or insane 19
offender who is sentenced to death. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2929.02, 2929.05, 2929.06, 24
2949.28, 2949.29, and 2949.31 of the Revised Code be amended to 25
read as follows:
Sec. 2929.02. (A) Whoever is convicted of or pleads 34
guilty to aggravated murder in violation of section 2903.01 of 35
the Revised Code shall suffer death or be imprisoned for life, as 36
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of 37
the Revised Code, except that no person who raises the matter of 38
age pursuant to section 2929.023 or division (C) of section 39
2929.05 of the Revised Code and who is not found to have been 40
eighteen years of age or older at the time of the commission of 41
the offense shall suffer death. In addition, the offender may be 42
fined an amount fixed by the court, but not more than twenty-five 43
thousand dollars. 44
(B) Whoever is convicted of or pleads guilty to murder in 46
violation of section 2903.02 of the Revised Code shall be 47
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imprisoned for an indefinite term of fifteen years to life, 48
except that, if the offender also is convicted of or pleads 49
guilty to a sexual motivation specification and a sexually 50
violent predator specification that were included in the
indictment, count in the indictment, or information that charged 51
the murder, the court shall impose upon the offender a term of 52
life imprisonment without parole that shall be served pursuant to 53
section 2971.03 of the Revised Code. In addition, the offender 54
may be fined an amount fixed by the court, but not more than 55
fifteen thousand dollars. 56
(C) The court shall not impose a fine or fines for 58
aggravated murder or murder which, in the aggregate and to the 59
extent not suspended by the court, exceeds the amount which the 60
offender is or will be able to pay by the method and within the 61
time allowed without undue hardship to the offender or to the 63
dependents of the offender, or will prevent the offender from 64
making reparation for the victim's wrongful death. 65
Sec. 2929.05. (A) Whenever sentence of death is imposed 74
pursuant to sections 2929.03 and 2929.04 of the Revised Code, the 75
court of appeals, in a case in which a sentence of death was 76
imposed for an offense committed before January 1, 1995, and the 78
supreme court shall REVIEW upon appeal review the sentence of 79
death at the same time that they review the other issues in the 80
case. The court of appeals and the supreme court shall review 81
the judgment in the case and the sentence of death imposed by the 82
court or panel of three judges in the same manner that they 83
review other criminal cases, except that they shall review and 84
independently weigh all of the facts and other evidence disclosed 85
in the record in the case and consider the offense and the 86
offender to determine whether the aggravating circumstances the 87
offender was found guilty of committing outweigh the mitigating 88
factors in the case, and whether the sentence of death is 89
appropriate. In determining whether the sentence of death is 90
appropriate, the court of appeals, in a case in which a sentence 92
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of death was imposed for an offense committed before January 1, 93
1995, and the supreme court shall consider whether the sentence 94
is excessive or disproportionate to the penalty imposed in 95
similar cases. They ALSO shall also review all of the facts and 96
other evidence to determine if the evidence supports the finding 97
of the aggravating circumstances the trial jury or the panel of 98
three judges found the offender guilty of committing, and shall 99
determine whether the sentencing court properly weighed the 100
aggravating circumstances the offender was found guilty of 101
committing and the mitigating factors. The court of appeals, in 102
a case in which a sentence of death was imposed for an offense 103
committed before January 1, 1995, or the supreme court shall 105
affirm a sentence of death only if the particular court is
persuaded from the record that the aggravating circumstances the 106
offender was found guilty of committing outweigh the mitigating 107
factors present in the case and that the sentence of death is the 108
appropriate sentence in the case. 109
A court of appeals that reviews a case in which the 111
sentence of death is imposed for an offense committed before 112
January 1, 1995, shall file a separate opinion as to its findings 114
in the case with the clerk of the supreme court. The opinion
shall be filed within fifteen days after the court issues its 116
opinion and shall contain whatever information is required by the 117
clerk of the supreme court.
(B) The court of appeals, in a case in which a sentence of 119
death was imposed for an offense committed before January 1, 120
1995, and the supreme court shall give priority over all other 122
cases to the review of judgments in which the sentence of death 123
is imposed, and, except as otherwise provided in this section, 124
shall conduct the review in accordance with the RULES OF 125
Appellate Rules PROCEDURE. 126
(C) Whenever AT ANY TIME AFTER A sentence of death is 128
imposed pursuant to section 2929.022 or 2929.03 of the Revised 130
Code, the court of common pleas that sentenced the offender 131
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shall, upon motion of the offender and after conducting a hearing 132
on the motion, vacate the sentence if all of the following apply: 133
(1) The offender alleges in the motion and presents 135
evidence at the hearing that the offender was not eighteen years 137
of age or older at the time of the commission of the aggravated 138
murder for which the offender was sentenced; 139
(2) The THE offender did not present evidence at trial 141
pursuant to section 2929.023 of the Revised Code that the 143
offender was not eighteen years of age or older at the time of 144
the commission of the aggravated murder for which the offender 145
was sentenced; 146
(3) The motion was filed at any time after the sentence 148
was imposed in the case and prior to execution of the sentence; 149
(4) At the hearing conducted on the motion, the 150
prosecution does not prove beyond a reasonable doubt that the 151
offender was eighteen years of age or older at the time of the 152
commission of the aggravated murder for which the offender was 153
sentenced AND IF THE OFFENDER SHOWS BY A PREPONDERANCE OF THE 155
EVIDENCE THAT THE OFFENDER WAS LESS THAN EIGHTEEN YEARS OF AGE AT 156
THE TIME OF THE COMMISSION OF THE AGGRAVATED MURDER FOR WHICH THE
OFFENDER WAS SENTENCED. THE COURT IS NOT REQUIRED TO HOLD A 157
HEARING ON A MOTION FILED PURSUANT TO THIS DIVISION UNLESS THE 158
COURT FINDS, BASED ON THE MOTION AND ANY SUPPORTING INFORMATION 159
SUBMITTED BY THE DEFENDANT, ANY INFORMATION SUBMITTED BY THE 160
PROSECUTING ATTORNEY, AND THE RECORD IN THE CASE, INCLUDING ANY 161
PREVIOUS HEARINGS AND ORDERS, PROBABLE CAUSE TO BELIEVE THAT THE 162
DEFENDANT WAS NOT EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF
THE COMMISSION OF THE AGGRAVATED MURDER FOR WHICH THE DEFENDANT 163
WAS SENTENCED TO DEATH. 164
Sec. 2929.06. (A)(1) If the sentence of death that is 176
imposed upon an offender is vacated upon appeal because the court 177
of appeals, in a case in which a sentence of death was imposed 178
for an offense committed before January 1, 1995, or the supreme 179
court, in cases in which the supreme court reviews the sentence 180
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upon appeal, could not affirm the sentence of death under the 181
standards imposed by section 2929.05 of the Revised Code, is 182
vacated upon appeal for the sole reason that the statutory 184
procedure for imposing the sentence of death that is set forth in 185
sections 2929.03 and 2929.04 of the Revised Code is
unconstitutional, or is vacated pursuant to division (C) of 186
section 2929.05 of the Revised Code, the trial court that 187
sentenced the offender shall conduct a hearing to resentence the 188
offender. At the resentencing hearing, the court shall impose 189
one of the following sentences upon the offender: 190
(1) Except as provided in division (A)(2) of this section, 192
life imprisonment without parole, life imprisonment with parole 193
eligibility after serving twenty-five full years of imprisonment, 194
or life imprisonment with parole eligibility after serving thirty 195
full years of imprisonment; 196
(2) If the sentence of death was imposed for an aggravated 198
murder committed on or after the effective date of this amendment 200
JANUARY 1, 1997, and if the offender also was convicted of or 202
pleaded guilty to a sexual motivation specification and a
sexually violent predator specification that were included in the 203
indictment, count in the indictment, or information that charged 204
the aggravated murder, life imprisonment without parole that 205
shall be served pursuant to section 2971.03 of the Revised Code. 206
(2)(B) If the sentence of death that is imposed upon an 208
offender is vacated upon appeal because of error that occurred in 209
the sentencing phase of the trial and if division (A)(1) of this 210
section does not apply, the trial court that sentenced the 211
offender shall conduct a new hearing to resentence the offender. 213
If the offender was tried by a jury, the trial court shall 214
impanel a new jury for the hearing. If the offender was tried by 215
a panel of three judges, that panel or, if necessary, a new panel
of three judges, shall conduct the hearing. At the hearing, the 216
court shall follow the procedure set forth in division (D) of 218
section 2929.03 of the Revised Code in determining whether to 219
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impose upon the offender a sentence of death, life imprisonment 220
without parole, life imprisonment with parole eligibility after 221
serving twenty-FIVE full years of imprisonment, or life 222
imprisonment with parole eligibility after serving thirty full 223
years of imprisonment.
(B)(C) If the sentence of life imprisonment without parole 225
that is imposed upon an offender pursuant to section 2929.021 or 227
2929.03 of the Revised Code is vacated upon appeal for the sole 229
reason that the statutory procedure for imposing the sentence of
life imprisonment without parole that is set forth in sections 230
2929.03 and 2929.04 of the Revised Code is unconstitutional, the 231
trial court that sentenced the offender shall conduct a hearing 232
to resentence the offender to life imprisonment with parole 233
eligibility after serving twenty-five full years of imprisonment 234
or to life imprisonment with parole eligibility after serving
thirty full years of imprisonment. 235
Sec. 2949.28. (A) AS USED IN THIS SECTION AND SECTION 244
2949.29 OF THE REVISED CODE, "INSANE" MEANS THAT THE CONVICT IN 245
QUESTION DOES NOT HAVE THE MENTAL CAPACITY TO UNDERSTAND THE 246
NATURE OF THE DEATH PENALTY AND WHY IT WAS IMPOSED UPON THE 247
CONVICT.
(B)(1) If a convict sentenced to death appears to be 250
insane, the warden or the sheriff having custody of such THE 251
convict, THE CONVICT'S COUNSEL, OR A PSYCHIATRIST OR PSYCHOLOGIST 252
WHO HAS EXAMINED THE CONVICT shall give notice thereof to a OF 254
THE APPARENT INSANITY TO WHICHEVER OF THE FOLLOWING IS 255
APPLICABLE:
(a) IF THE CONVICT WAS TRIED BY A JURY, TO THE JUDGE WHO 257
IMPOSED THE SENTENCE UPON THE CONVICT OR, IF THAT JUDGE IS 258
UNAVAILABLE, TO ANOTHER JUDGE OF THE SAME COURT OF COMMON PLEAS; 259
(b) IF THE CONVICT WAS TRIED BY A THREE-JUDGE PANEL, TO 261
ANY OF THE THREE JUDGES WHO IMPOSED THE SENTENCE UPON THE CONVICT 262
OR, IF EACH OF THOSE JUDGES IS UNAVAILABLE, TO ANOTHER judge of 263
the SAME court of common pleas of the county in which the 264
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prisoner is confined. Said 266
(2) UPON RECEIVING A NOTICE PURSUANT TO DIVISION (B)(1) OF 269
THIS SECTION, A JUDGE SHALL DETERMINE, BASED ON THE NOTICE AND 270
ANY SUPPORTING INFORMATION, ANY INFORMATION SUBMITTED BY THE 271
PROSECUTING ATTORNEY, AND THE RECORD IN THE CASE, INCLUDING
PREVIOUS HEARINGS AND ORDERS, WHETHER PROBABLE CAUSE EXISTS TO 272
BELIEVE THAT THE CONVICT IS INSANE. IF THE JUDGE FINDS THAT 274
PROBABLE CAUSE EXISTS TO BELIEVE THAT THE CONVICT IS INSANE, THE 275
JUDGE SHALL HOLD A HEARING TO DETERMINE WHETHER THE CONVICT IS 277
INSANE. IF THE JUDGE DOES NOT FIND THAT PROBABLE CAUSE OF THAT
NATURE EXISTS, THE JUDGE MAY DISMISS THE MATTER WITHOUT A 278
HEARING.
(3) IF THE judge WHO IS GIVEN NOTICE UNDER DIVISION (B)(1) 280
OF THIS SECTION FINDS PROBABLE CAUSE TO BELIEVE THAT THE CONVICT 282
IS INSANE, THE JUDGE shall inquire into such THE CONVICT'S 283
insanity at a time and place to be fixed by said THE judge, or 286
impanel a jury for that purpose and shall give immediate notice 288
thereof OF THE INQUIRY to the prosecuting attorney of the county 289
in which the prisoner was convicted. Execution WHO PROSECUTED 292
THE CASE, OR THAT PROSECUTING ATTORNEY'S SUCCESSOR, AND TO THE 293
CONVICT AND THE CONVICT'S COUNSEL. THE JUDGE MAY HOLD THE 295
INQUIRY AT THE PLACE AT WHICH THE CONVICT IS CONFINED. IF THE 296
CONVICT DOES NOT HAVE COUNSEL, THE COURT SHALL APPOINT AN
ATTORNEY TO REPRESENT THE CONVICT IN THE INQUIRY. THE COURT MAY 298
APPOINT ONE OR MORE PSYCHIATRISTS OR PSYCHOLOGISTS TO EXAMINE THE 299
CONVICT. THE COURT SHALL NOT APPOINT A PSYCHIATRIST OR 301
PSYCHOLOGIST WHO IS AN EMPLOYEE OF THE DEPARTMENT OF
REHABILITATION AND CORRECTION TO EXAMINE THE CONVICT. THE COURT 302
SHALL CONDUCT ANY HEARING UNDER THIS SECTION AND SECTION 2949.29 303
OF THE REVISED CODE AND ISSUE ANY RULING IN THE MATTER NO LATER 305
THAN SIXTY DAYS FROM THE DATE OF THE NOTICE GIVEN UNDER DIVISION 306
(B)(1) OF THIS SECTION. 307
(4) EXECUTION of the sentence shall be suspended pending 310
completion of the inquiry ONLY UPON AN ORDER OF THE SUPREME 313
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COURT. IF THE SUPREME COURT ISSUES AN ORDER GRANTING A STAY OF 314
EXECUTION, THE SUPREME COURT IN THAT ORDER ALSO MAY AUTHORIZE THE
COURT OF COMMON PLEAS TO CONTINUE THE STAY OF EXECUTION OR TO SET 318
A NEW DATE FOR EXECUTION AS PROVIDED IN THIS SECTION OR SECTION
2949.29 OF THE REVISED CODE. 319
(C) IF THE COURT APPOINTS A PSYCHIATRIST OR PSYCHOLOGIST 322
TO EXAMINE THE CONVICT, THE COURT SHALL INFORM THE PSYCHIATRIST 324
OR PSYCHOLOGIST OF THE LOCATION OF THE CONVICT AND OF THE PURPOSE 325
OF THE EXAMINATION. THE EXAMINER SHALL HAVE ACCESS TO ANY
AVAILABLE PSYCHIATRIC OR PSYCHOLOGICAL REPORT PREVIOUSLY 326
SUBMITTED TO THE COURT WITH RESPECT TO THE MENTAL CONDITION OF 328
THE CONVICT, INCLUDING, IF APPLICABLE, A REPORT REGARDING THE 329
CONVICT'S COMPETENCY TO STAND TRIAL OR THE CONVICT'S PLEA OF NOT 330
GUILTY BY REASON OF INSANITY. THE EXAMINER ALSO SHALL HAVE
ACCESS TO ANY AVAILABLE CURRENT MENTAL HEALTH AND MEDICAL RECORDS 331
OF THE CONVICT. 332
THE EXAMINER SHALL CONDUCT A THOROUGH EXAMINATION OF THE 334
CONVICT AND SHALL SUBMIT A REPORT TO THE COURT WITHIN THIRTY DAYS 335
OF THE EXAMINER'S APPOINTMENT. THE REPORT SHALL CONTAIN THE 336
EXAMINER'S FINDINGS AS TO WHETHER THE CONVICT HAS THE MENTAL 338
CAPACITY TO UNDERSTAND THE NATURE OF THE DEATH PENALTY AND WHY IT
WAS IMPOSED UPON THE CONVICT AND THE FACTS, IN REASONABLE DETAIL, 339
UPON WHICH THE FINDINGS ARE BASED. 340
Sec. 2949.29. In addition to the warden or sheriff, the 349
judge of the court of common pleas, clerk of the court of common 350
pleas, and (A) THE prosecuting attorney, THE CONVICT, AND THE 352
CONVICT'S COUNSEL shall attend the AN inquiry commenced as 354
provided in section 2949.28 of the Revised Code. Witnesses THE 355
PROSECUTING ATTORNEY AND THE CONVICT OR THE CONVICT'S COUNSEL may 356
be produced and examined before the judge or jury PRODUCE, 357
EXAMINE, AND CROSS-EXAMINE WITNESSES, and all findings shall be 358
in writing signed by the judge or jury. If it is found that the 359
convict is not insane, the sentence shall be executed at the time 360
previously appointed, unless such THAT time has passed pending 362
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completion of the inquiry, in which case the judge conducting the 363
inquiry, IF AUTHORIZED BY THE SUPREME COURT, shall appoint a time 364
for execution OF THE SENTENCE TO BE EFFECTIVE FIFTEEN DAYS FROM 365
THE DATE OF THE ENTRY OF THE JUDGE'S FINDINGS IN THE INQUIRY. If 367
(B) IF it is found that the convict is insane AND IF 369
AUTHORIZED BY THE SUPREME COURT, the judge shall suspend the 372
CONTINUE ANY STAY OF execution until the warden or sheriff 373
receives a warrant from the governor directing such execution as 374
provided in section 2949.30 of the Revised Code. The finding, 375
and the order of such judge, certified by him, shall be entered 376
on the journal of the court by the clerk OF THE SENTENCE 377
PREVIOUSLY ISSUED, ORDER THE CONVICT TO BE CONFINED IN THE AREA 379
AT WHICH OTHER CONVICTS SENTENCED TO DEATH ARE CONFINED OR IN A
MAXIMUM SECURITY MEDICAL OR PSYCHIATRIC FACILITY OPERATED BY THE 380
DEPARTMENT OF REHABILITATION AND CORRECTION, AND ORDER TREATMENT 382
OF THE CONVICT. THEREAFTER, THE COURT AT ANY TIME MAY CONDUCT
AND, ON MOTION OF THE PROSECUTING ATTORNEY, SHALL CONDUCT A 383
HEARING PURSUANT TO DIVISION (A) OF THIS SECTION TO CONTINUE THE 384
INQUIRY INTO THE CONVICT'S INSANITY AND, AS PROVIDED IN SECTION 386
2949.28 OF THE REVISED CODE, MAY APPOINT ONE OR MORE 388
PSYCHIATRISTS OR PSYCHOLOGISTS TO MAKE A FURTHER EXAMINATION OF 389
THE CONVICT AND TO SUBMIT A REPORT TO THE COURT. IF THE COURT 390
FINDS AT THE HEARING THAT THE CONVICT IS NOT INSANE AND IF THE 391
TIME PREVIOUSLY APPOINTED FOR EXECUTION OF THE SENTENCE HAS NOT 392
PASSED, THE SENTENCE SHALL BE EXECUTED AT THE PREVIOUSLY 393
APPOINTED TIME. IF THE COURT FINDS AT THE HEARING THAT THE
CONVICT IS NOT INSANE AND IF THE TIME PREVIOUSLY APPOINTED FOR 394
EXECUTION OF THE SENTENCE HAS PASSED, THE JUDGE WHO CONDUCTS THE 395
HEARING, IF AUTHORIZED BY THE SUPREME COURT, SHALL APPOINT A NEW 396
TIME FOR EXECUTION OF THE SENTENCE TO BE EFFECTIVE FIFTEEN DAYS 397
FROM THE DATE OF THE ENTRY OF THE JUDGE'S FINDINGS IN THE 398
HEARING.
(C) IN ALL PROCEEDINGS UNDER THIS SECTION, THE CONVICT IS 401
PRESUMED NOT TO BE INSANE, AND THE COURT SHALL FIND THAT THE
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CONVICT IS NOT INSANE UNLESS THE COURT FINDS BY A PREPONDERANCE 404
OF THE EVIDENCE THAT THE CONVICT IS INSANE. 405
(D) PROCEEDINGS FOR INQUIRY INTO THE INSANITY OF ANY 407
CONVICT SENTENCED TO DEATH SHALL BE EXCLUSIVELY PURSUANT TO THIS 408
SECTION, SECTION 2949.28 OF THE REVISED CODE, AND THE RULES OF 409
EVIDENCE. NEITHER CHAPTER 5122. OR 5123. OF THE REVISED CODE NOR 410
ANY OTHER PROVISION OF THE REVISED CODE NOR ANY OTHER RULE 412
CONCERNING MENTALLY ILL PERSONS, MENTALLY RETARDED PERSONS, OR
INSANE PERSONS APPLIES TO ANY PROCEEDING FOR INQUIRY INTO THE 413
INSANITY OF ANY CONVICT SENTENCED TO DEATH. 414
Sec. 2949.31. If a female convict sentenced to death 423
appears to be pregnant, the warden or sheriff having custody of 425
such THE convict, HER COUNSEL, OR A PHYSICIAN WHO HAS EXAMINED 426
THE CONVICT shall give notice thereof OF THE APPARENT PREGNANCY 427
to a THE APPROPRIATE judge of the APPROPRIATE court of common 429
pleas of the county in which the prisoner is confined AS 430
DETERMINED IN THE SAME MANNER AS IS PROVIDED IN DIVISIONS 431
(B)(1)(a) AND (b) OF SECTION 2949.28 OF THE REVISED CODE, and 432
like proceedings shall be had as are provided under sections 434
2949.28 and 2949.29 of the Revised Code in case of an insane 435
convict sentenced to death, EXCEPT TO THE EXTENT THAT THEY BY 436
THEIR NATURE CLEARLY WOULD BE INAPPLICABLE. 437
IF IT IS FOUND AT THE INQUIRY HELD IN ACCORDANCE WITH 438
SECTIONS 2949.28 AND 2949.29 OF THE REVISED CODE THAT THE CONVICT 439
IS NOT PREGNANT, THE SENTENCE SHALL BE EXECUTED AT THE TIME 440
PREVIOUSLY APPOINTED, UNLESS THAT TIME HAS PASSED PENDING
COMPLETION OF THE INQUIRY, IN WHICH CASE THE JUDGE CONDUCTING THE 441
INQUIRY, IF AUTHORIZED BY THE SUPREME COURT, SHALL APPOINT A NEW 442
TIME FOR EXECUTION OF THE SENTENCE TO BE EFFECTIVE FIFTEEN DAYS 443
FROM THE DATE OF THE ENTRY OF THE JUDGE'S RULING IN THE INQUIRY. 444
IF IT IS FOUND AT THE INQUIRY THAT THE CONVICT IS PREGNANT, 446
THE JUDGE SHALL SUSPEND EXECUTION OF THE SENTENCE AND ORDER THE 447
CONVICT TO BE CONFINED IN THE AREA AT WHICH OTHER CONVICTS 448
SENTENCED TO DEATH ARE CONFINED OR IN AN APPROPRIATE MEDICAL 449
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FACILITY. WHEN THE COURT FINDS THAT THE CONVICT NO LONGER IS 450
PREGNANT, IF THE TIME PREVIOUSLY APPOINTED FOR EXECUTION OF THE 451
SENTENCE HAS NOT PASSED, THE SENTENCE SHALL BE EXECUTED AT THE 452
PREVIOUSLY APPOINTED TIME. WHEN THE COURT FINDS THAT THE CONVICT
NO LONGER IS PREGNANT, IF THE TIME PREVIOUSLY APPOINTED FOR 453
EXECUTION OF THE SENTENCE HAS PASSED, THE JUDGE WHO CONDUCTS THE 454
INQUIRY, IF AUTHORIZED BY THE SUPREME COURT, SHALL APPOINT A NEW 455
TIME FOR EXECUTION OF THE SENTENCE TO BE EFFECTIVE FIFTEEN DAYS 456
FROM THE DATE OF THE ENTRY OF THE JUDGE'S RULING IN THE INQUIRY. 457
Section 2. That existing sections 2929.02, 2929.05, 459
2929.06, 2949.28, 2949.29, and 2949.31 and sections 2949.30 and 460
2949.32 of the Revised Code are hereby repealed. 461
Section 3. Section 2929.06 of the Revised Code is 463
presented in this act as a composite of the section as amended by 464
Am. Sub. S.B. 269, Sub. S.B. 258, and Am. Sub. H.B. 180 of the 465
121st General Assembly, with the new language of none of the acts 467
shown in capital letters. This is in recognition of the 468
principle stated in division (B) of section 1.52 of the Revised 469
Code that such amendments are to be harmonized where not 470
substantively irreconcilable and constitutes a legislative 471
finding that such is the resulting version in effect prior to the 472
effective date of this act.