REPRESENTATIVES Widowfield, Womer Benjamin, Williams, Roman, Hoops, Webster, McGregor, Wolpert, Flowers, Lendrum, Salerno, Latta, Trakas, Young, Metzger, Olman, Hagan, Brinkman, Evans, Clancy, Jerse, Carey, Reinhard, Setzer, Schmidt, Collier, Grendell, Seitz, Buehrer, Hughes, Callender, Niehaus, Schuring, Gilb, Oakar, Seaver, Otterman, Faber, Reidelbach, Sulzer, S. Smith, Sykes, Brown, Manning, Carmichael, Aslanides, Cates, G. Smith, Coates, Sferra, Schaffer, DeWine, Flannery, Cirelli, Barrett, Distel, Ogg, Redfern, Hartnett, DeBose, Fedor, Perry, Wilson, Rhine, Stapleton, Schneider, Strahorn, Krupinski, Kearns, Latell, Peterson, Boccieri, DePiero

To amend sections 2907.02 and 2967.13 of the Revised

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Code to eliminate the requirement of force or a

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threat of force for a sentence of life imprisonment

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for the rape of a child who is less than ten years

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of age, to provide life imprisonment without parole

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for repeat offenders who rape children less than

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thirteen years of age, and to declare an emergency.

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

Section 1. That sections 2907.02 and 2967.13 of the Revised	8
Code be amended to read as follows:	9

Sec. 2907.02.  (A)(1) No person shall engage in sexual	10
conduct with another who is not the spouse of the offender or who	11
is the spouse of the offender but is living separate and apart	12
from the offender, when any of the following applies:	13

(a) For the purpose of preventing resistance, the offender	14
substantially impairs the other person's judgment or control by	15
administering any drug, intoxicant, or controlled substance to the	16
other person surreptitiously or by force, threat of force, or	17
deception.	18

(b) The other person is less than thirteen years of age,	19
whether or not the offender knows the age of the other person.	20

(c) The other person's ability to resist or consent is	21
substantially impaired because of a mental or physical condition	22
or because of advanced age, and the offender knows or has	23
reasonable cause to believe that the other person's ability to	24
resist or consent is substantially impaired because of a mental or	25
physical condition or because of advanced age.	26

(2) No person shall engage in sexual conduct with another	27
when the offender purposely compels the other person to submit by	28
force or threat of force.	29

(B) Whoever violates this section is guilty of rape, a	30
felony of the first degree. If the offender under division	31
(A)(1)(a) of this section substantially impairs the other person's	32
judgment or control by administering any controlled substance	33
described in section 3719.41 of the Revised Code to the other	34
person surreptitiously or by force, threat of force, or deception,	35
the prison term imposed upon the offender shall be one of the	36
prison terms prescribed for a felony of the first degree in	37
section 2929.14 of the Revised Code that is not less than five	38
years. If the offender under division (A)(1)(b) of this section	39
purposely compels the victim to submit by force or threat of force	40
or if the victim under division (A)(1)(b) of this section is less	41
than ten years of age, whoever violates division (A)(1)(b) of this	42
section shall be imprisoned for life. If the offender previously	43
has been convicted of or pleaded guilty to violating division	44
(A)(1)(b) of this section or to violating a law of another state	45
or the United States that is substantially similar to division	46
(A)(1)(b) of this section, whoever violates division (A)(1)(b) of	47
this section shall be imprisoned for life or life without parole.	48

(C) A victim need not prove physical resistance to the	49
offender in prosecutions under this section.	50

(D) Evidence of specific instances of the victim's sexual	51
activity, opinion evidence of the victim's sexual activity, and	52
reputation evidence of the victim's sexual activity shall not be	53
admitted under this section unless it involves evidence of the	54
origin of semen, pregnancy, or disease, or the victim's past	55
sexual activity with the offender, and only to the extent that the	56
court finds that the evidence is material to a fact at issue in	57
the case and that its inflammatory or prejudicial nature does not	58
outweigh its probative value.	59

Evidence of specific instances of the defendant's sexual	60
activity, opinion evidence of the defendant's sexual activity, and	61
reputation evidence of the defendant's sexual activity shall not	62
be admitted under this section unless it involves evidence of the	63
origin of semen, pregnancy, or disease, the defendant's past	64
sexual activity with the victim, or is admissible against the	65
defendant under section 2945.59 of the Revised Code, and only to	66
the extent that the court finds that the evidence is material to a	67
fact at issue in the case and that its inflammatory or prejudicial	68
nature does not outweigh its probative value.	69

(E) Prior to taking testimony or receiving evidence of any	70
sexual activity of the victim or the defendant in a proceeding	71
under this section, the court shall resolve the admissibility of	72
the proposed evidence in a hearing in chambers, which shall be	73
held at or before preliminary hearing and not less than three days	74
before trial, or for good cause shown during the trial.	75

(F) Upon approval by the court, the victim may be	76
represented by counsel in any hearing in chambers or other	77
proceeding to resolve the admissibility of evidence. If the	78
victim is indigent or otherwise is unable to obtain the services	79
of counsel, the court, upon request, may appoint counsel to	80
represent the victim without cost to the victim.	81

(G) It is not a defense to a charge under division (A)(2) of	82
this section that the offender and the victim were married or were	83
cohabiting at the time of the commission of the offense.	84

Sec. 2967.13.  (A) Except as provided in division (G) of	85
this section, a prisoner serving a sentence of imprisonment for	86
life for an offense committed on or after July 1, 1996, is not	87
entitled to any earned credit under section 2967.193 of the	88
Revised Code and becomes eligible for parole as follows:	89

(1) If a sentence of imprisonment for life was imposed for	90
the offense of murder, at the expiration of the prisoner's minimum	91
term;	92

(2) If a sentence of imprisonment for life with parole	93
eligibility after serving twenty years of imprisonment was imposed	94
pursuant to section 2929.022 or 2929.03 of the Revised Code, after	95
serving a term of twenty years;	96

(3) If a sentence of imprisonment for life with parole	97
eligibility after serving twenty-five full years of imprisonment	98
was imposed pursuant to section 2929.022 or 2929.03 of the Revised	99
Code, after serving a term of twenty-five full years;	100

(4) If a sentence of imprisonment for life with parole	101
eligibility after serving thirty full years of imprisonment was	102
imposed pursuant to section 2929.022 or 2929.03 of the Revised	103
Code, after serving a term of thirty full years;	104

(5) If a sentence of imprisonment for life was imposed for	105
rape, after serving a term of ten full years' imprisonment;	106

(6) If a sentence of imprisonment for life with parole	107
eligibility after serving fifteen years of imprisonment was	108
imposed for a violation of section 2927.24 of the Revised Code,	109
after serving a term of fifteen years.	110

(B) Except as provided in division (G) of this section, a	111
prisoner serving a sentence of imprisonment for life with parole	112
eligibility after serving twenty years of imprisonment or a	113
sentence of imprisonment for life with parole eligibility after	114
serving twenty-five full years or thirty full years of	115
imprisonment imposed pursuant to section 2929.022 or 2929.03 of	116
the Revised Code for an offense committed on or after July 1,	117
1996, consecutively to any other term of imprisonment, becomes	118
eligible for parole after serving twenty years, twenty full years,	119
or thirty full years, as applicable, as to each such sentence of	120
life imprisonment, which shall not be reduced for earned credits	121
under section 2967.193 of the Revised Code, plus the term or terms	122
of the other sentences consecutively imposed or, if one of the	123
other sentences is another type of life sentence with parole	124
eligibility, the number of years before parole eligibility for	125
that sentence.	126

(C) Except as provided in division (G) of this section, a	127
prisoner serving consecutively two or more sentences in which an	128
indefinite term of imprisonment is imposed becomes eligible for	129
parole upon the expiration of the aggregate of the minimum terms	130
of the sentences.	131

(D) Except as provided in division (G) of this section, a	132
prisoner serving a term of imprisonment who is described in	133
division (A) of section 2967.021 of the Revised Code becomes	134
eligible for parole as described in that division or, if the	135
prisoner is serving a definite term of imprisonment, shall be	136
released as described in that division.	137

(E) A prisoner serving a sentence of life imprisonment	138
without parole imposed pursuant to section 2907.02 or section	139
2929.03 or 2929.06 of the Revised Code is not eligible for parole	140
and shall be imprisoned until death.	141

(F) A prisoner serving a stated prison term shall be	142
released in accordance with section 2967.28 of the Revised Code.	143

(G) A prisoner serving a prison term or term of life	144
imprisonment without parole imposed pursuant to section 2971.03 of	145
the Revised Code never becomes eligible for parole during that	146
term of imprisonment.	147

Section 2. That existing sections 2907.02 and 2967.13 of the	148
Revised Code are hereby repealed.	149

Section 3. This act is hereby declared to be an emergency	150
measure necessary for the immediate preservation of the public	151
peace, health, and safety. The reason for such necessity is that	152
this act's elimination of the need to prove force or a threat of	153
force in cases involving the rape of a child under the age of ten	154
is needed at the earliest possible date to prevent sex offenders	155
from preying on the children of Ohio. Therefore, this act shall	156
go into immediate effect.	157