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            


                                                                   11           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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                    

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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.