REPRESENTATIVES Schmidt, McGregor, Aslanides, Schaffer, Schneider, Raussen, Gilb, Collier, Willamowski, Latta, D. Evans, Callender, Carmichael, Cates, Chandler, Clancy, Daniels, Domenick, C. Evans, Flowers, Grendell, Hartnett, Hoops, Hughes, Jerse, Jolivette, Martin, Niehaus, Otterman, T. Patton, Raga, Reidelbach, Schlichter, Seaver, Seitz, Sferra, G. Smith, J. Stewart, Taylor, Wagner, Webster, Widener, Widowfield

To amend section 2929.03 of the Revised Code to

1

permit the imposition of a sentence of life

2

imprisonment without parole, life imprisonment

3

with parole eligibility after serving 25 full

4

years of imprisonment, or life imprisonment with

5

parole eligibility after serving 30 full years of

6

imprisonment when an offender is convicted of or

7

pleads guilty to aggravated murder and is not

8

charged with or convicted of an aggravating

9

circumstance.

10

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

Section 1. That section 2929.03 of the Revised Code be	11
amended to read as follows:	12

Sec. 2929.03.  (A) If the indictment or count in the	13
indictment charging aggravated murder does not contain one or more	14
specifications of aggravating circumstances listed in division (A)	15
of section 2929.04 of the Revised Code, then, following a verdict	16
of guilty of the charge of aggravated murder, the trial court	17
shall impose sentence on the offender as follows:	18

(1) Except as provided in division (A)(2) of this section,	19
the trial court shall impose a sentence of life imprisonment with	20
parole eligibility after serving twenty years of imprisonmentone	21
of the following sentences on the offender:	22

(a) Life imprisonment without parole;

23

(b) Life imprisonment with parole eligibility after serving	24
twenty years of imprisonment;	25

(c) Life imprisonment with parole eligibility after serving	26
twenty-five full years of imprisonment;	27

(d) Life imprisonment with parole eligibility after serving	28
thirty full years of imprisonment.	29

(2) If the offender also is convicted of or pleads guilty to	30
a sexual motivation specification and a sexually violent predator	31
specification that are included in the indictment, count in the	32
indictment, or information that charged the aggravated murder, the	33
trial court shall impose upon the offender a sentence of life	34
imprisonment without parole that shall be served pursuant to	35
section 2971.03 of the Revised Code.	36

(B) If the indictment or count in the indictment charging	37
aggravated murder contains one or more specifications of	38
aggravating circumstances listed in division (A) of section	39
2929.04 of the Revised Code, the verdict shall separately state	40
whether the accused is found guilty or not guilty of the principal	41
charge and, if guilty of the principal charge, whether the	42
offender was eighteen years of age or older at the time of the	43
commission of the offense, if the matter of age was raised by the	44
offender pursuant to section 2929.023 of the Revised Code, and	45
whether the offender is guilty or not guilty of each	46
specification. The jury shall be instructed on its duties in this	47
regard. The instruction to the jury shall include an instruction	48
that a specification shall be proved beyond a reasonable doubt in	49
order to support a guilty verdict on the specification, but the	50
instruction shall not mention the penalty that may be the	51
consequence of a guilty or not guilty verdict on any charge or	52
specification.	53

(C)(1) If the indictment or count in the indictment charging	54
aggravated murder contains one or more specifications of	55
aggravating circumstances listed in division (A) of section	56
2929.04 of the Revised Code, then, following a verdict of guilty	57
of the charge but not guilty of each of the specifications, and	58
regardless of whether the offender raised the matter of age	59
pursuant to section 2929.023 of the Revised Code, the trial court	60
shall impose sentence on the offender as follows:	61

(a) Except as provided in division (C)(1)(b) of this section,	62
the trial court shall impose a sentence of life imprisonment with	63
parole eligibility after serving twenty years of imprisonmentone	64
of the following sentences on the offender:	65

(i) Life imprisonment without parole;

66

(ii) Life imprisonment with parole eligibility after serving	67
twenty years of imprisonment;	68

(iii) Life imprisonment with parole eligibility after serving	69
twenty-five full years of imprisonment;	70

(iv) Life imprisonment with parole eligibility after serving	71
thirty full years of imprisonment.	72

(b) If the offender also is convicted of or pleads guilty to	73
a sexual motivation specification and a sexually violent predator	74
specification that are included in the indictment, count in the	75
indictment, or information that charged the aggravated murder, the	76
trial court shall impose upon the offender a sentence of life	77
imprisonment without parole that shall be served pursuant to	78
section 2971.03 of the Revised Code.	79

(2)(a) If the indictment or count in the indictment contains	80
one or more specifications of aggravating circumstances listed in	81
division (A) of section 2929.04 of the Revised Code and if the	82
offender is found guilty of both the charge and one or more of the	83
specifications, the penalty to be imposed on the offender shall be	84
one of the following:	85

(i) Except as provided in division (C)(2)(a)(ii) of this	86
section, the penalty to be imposed on the offender shall be death,	87
life imprisonment without parole, life imprisonment with parole	88
eligibility after serving twenty-five full years of imprisonment,	89
or life imprisonment with parole eligibility after serving thirty	90
full years of imprisonment.	91

(ii) If the offender also is convicted of or pleads guilty to	92
a sexual motivation specification and a sexually violent predator	93
specification that are included in the indictment, count in the	94
indictment, or information that charged the aggravated murder, the	95
penalty to be imposed on the offender shall be death or life	96
imprisonment without parole that shall be served pursuant to	97
section 2971.03 of the Revised Code.	98

(b) A penalty imposed pursuant to division (C)(2)(a)(i) or	99
(ii) of this section shall be determined pursuant to divisions (D)	100
and (E) of this section and shall be determined by one of the	101
following:	102

(i) By the panel of three judges that tried the offender upon	103
the offender's waiver of the right to trial by jury;	104

(ii) By the trial jury and the trial judge, if the offender	105
was tried by jury.	106

(D)(1) Death may not be imposed as a penalty for aggravated	107
murder if the offender raised the matter of age at trial pursuant	108
to section 2929.023 of the Revised Code and was not found at trial	109
to have been eighteen years of age or older at the time of the	110
commission of the offense. When death may be imposed as a penalty	111
for aggravated murder, the court shall proceed under this	112
division. When death may be imposed as a penalty, the court, upon	113
the request of the defendant, shall require a pre-sentence	114
investigation to be made and, upon the request of the defendant,	115
shall require a mental examination to be made, and shall require	116
reports of the investigation and of any mental examination	117
submitted to the court, pursuant to section 2947.06 of the Revised	118
Code. No statement made or information provided by a defendant in	119
a mental examination or proceeding conducted pursuant to this	120
division shall be disclosed to any person, except as provided in	121
this division, or be used in evidence against the defendant on the	122
issue of guilt in any retrial. A pre-sentence investigation or	123
mental examination shall not be made except upon request of the	124
defendant. Copies of any reports prepared under this division	125
shall be furnished to the court, to the trial jury if the offender	126
was tried by a jury, to the prosecutor, and to the offender or the	127
offender's counsel for use under this division. The court, and the	128
trial jury if the offender was tried by a jury, shall consider any	129
report prepared pursuant to this division and furnished to it and	130
any evidence raised at trial that is relevant to the aggravating	131
circumstances the offender was found guilty of committing or to	132
any factors in mitigation of the imposition of the sentence of	133
death, shall hear testimony and other evidence that is relevant to	134
the nature and circumstances of the aggravating circumstances the	135
offender was found guilty of committing, the mitigating factors	136
set forth in division (B) of section 2929.04 of the Revised Code,	137
and any other factors in mitigation of the imposition of the	138
sentence of death, and shall hear the statement, if any, of the	139
offender, and the arguments, if any, of counsel for the defense	140
and prosecution, that are relevant to the penalty that should be	141
imposed on the offender. The defendant shall be given great	142
latitude in the presentation of evidence of the mitigating factors	143
set forth in division (B) of section 2929.04 of the Revised Code	144
and of any other factors in mitigation of the imposition of the	145
sentence of death. If the offender chooses to make a statement,	146
the offender is subject to cross-examination only if the offender	147
consents to make the statement under oath or affirmation.	148

The defendant shall have the burden of going forward with the	149
evidence of any factors in mitigation of the imposition of the	150
sentence of death. The prosecution shall have the burden of	151
proving, by proof beyond a reasonable doubt, that the aggravating	152
circumstances the defendant was found guilty of committing are	153
sufficient to outweigh the factors in mitigation of the imposition	154
of the sentence of death.	155

(2) Upon consideration of the relevant evidence raised at	156
trial, the testimony, other evidence, statement of the offender,	157
arguments of counsel, and, if applicable, the reports submitted	158
pursuant to division (D)(1) of this section, the trial jury, if	159
the offender was tried by a jury, shall determine whether the	160
aggravating circumstances the offender was found guilty of	161
committing are sufficient to outweigh the mitigating factors	162
present in the case. If the trial jury unanimously finds, by proof	163
beyond a reasonable doubt, that the aggravating circumstances the	164
offender was found guilty of committing outweigh the mitigating	165
factors, the trial jury shall recommend to the court that the	166
sentence of death be imposed on the offender. Absent such a	167
finding, the jury shall recommend that the offender be sentenced	168
to one of the following:	169

(a) Except as provided in division (D)(2)(b) of this section,	170
to life imprisonment without parole, life imprisonment with parole	171
eligibility after serving twenty-five full years of imprisonment,	172
or life imprisonment with parole eligibility after serving thirty	173
full years of imprisonment;	174

(b) If the offender also is convicted of or pleads guilty to	175
a sexual motivation specification and a sexually violent predator	176
specification that are included in the indictment, count in the	177
indictment, or information that charged the aggravated murder, to	178
life imprisonment without parole.	179

If the trial jury recommends that the offender be sentenced	180
to life imprisonment without parole, life imprisonment with parole	181
eligibility after serving twenty-five full years of imprisonment,	182
or life imprisonment with parole eligibility after serving thirty	183
full years of imprisonment, the court shall impose the sentence	184
recommended by the jury upon the offender. If the sentence is a	185
sentence of life imprisonment without parole imposed under	186
division (D)(2)(b) of this section, the sentence shall be served	187
pursuant to section 2971.03 of the Revised Code. If the trial jury	188
recommends that the sentence of death be imposed upon the	189
offender, the court shall proceed to impose sentence pursuant to	190
division (D)(3) of this section.	191

(3) Upon consideration of the relevant evidence raised at	192
trial, the testimony, other evidence, statement of the offender,	193
arguments of counsel, and, if applicable, the reports submitted to	194
the court pursuant to division (D)(1) of this section, if, after	195
receiving pursuant to division (D)(2) of this section the trial	196
jury's recommendation that the sentence of death be imposed, the	197
court finds, by proof beyond a reasonable doubt, or if the panel	198
of three judges unanimously finds, by proof beyond a reasonable	199
doubt, that the aggravating circumstances the offender was found	200
guilty of committing outweigh the mitigating factors, it shall	201
impose sentence of death on the offender. Absent such a finding by	202
the court or panel, the court or the panel shall impose one of the	203
following sentences on the offender:	204

(a) Except as provided in division (D)(3)(b) of this section,	205
one of the following:	206

(i) Life imprisonment without parole;

207

(ii) Life imprisonment with parole eligibility after serving	208
twenty-five full years of imprisonment;	209

(iii) Life imprisonment with parole eligibility after serving	210
thirty full years of imprisonment.	211

(b) If the offender also is convicted of or pleads guilty to	212
a sexual motivation specification and a sexually violent predator	213
specification that are included in the indictment, count in the	214
indictment, or information that charged the aggravated murder,	215
life imprisonment without parole that shall be served pursuant to	216
section 2971.03 of the Revised Code.	217

(E) If the offender raised the matter of age at trial	218
pursuant to section 2929.023 of the Revised Code, was convicted of	219
aggravated murder and one or more specifications of an aggravating	220
circumstance listed in division (A) of section 2929.04 of the	221
Revised Code, and was not found at trial to have been eighteen	222
years of age or older at the time of the commission of the	223
offense, the court or the panel of three judges shall not impose a	224
sentence of death on the offender. Instead, the court or panel	225
shall impose one of the following sentences on the offender:	226

(1) Except as provided in division (E)(2) of this section,	227
one of the following:	228

(a) Life imprisonment without parole;

229

(b) Life imprisonment with parole eligibility after serving	230
twenty-five full years of imprisonment;	231

(c) Life imprisonment with parole eligibility after serving	232
thirty full years of imprisonment.	233

(2) If the offender also is convicted of or pleads guilty to	234
a sexual motivation specification and a sexually violent predator	235
specification that are included in the indictment, count in the	236
indictment, or information that charged the aggravated murder,	237
life imprisonment without parole that shall be served pursuant to	238
section 2971.03 of the Revised Code.	239

(F) The court or the panel of three judges, when it imposes	240
sentence of death, shall state in a separate opinion its specific	241
findings as to the existence of any of the mitigating factors set	242
forth in division (B) of section 2929.04 of the Revised Code, the	243
existence of any other mitigating factors, the aggravating	244
circumstances the offender was found guilty of committing, and the	245
reasons why the aggravating circumstances the offender was found	246
guilty of committing were sufficient to outweigh the mitigating	247
factors. The court or panel, when it imposes life imprisonment	248
under division (D) of this section, shall state in a separate	249
opinion its specific findings of which of the mitigating factors	250
set forth in division (B) of section 2929.04 of the Revised Code	251
it found to exist, what other mitigating factors it found to	252
exist, what aggravating circumstances the offender was found	253
guilty of committing, and why it could not find that these	254
aggravating circumstances were sufficient to outweigh the	255
mitigating factors. For cases in which a sentence of death is	256
imposed for an offense committed before January 1, 1995, the court	257
or panel shall file the opinion required to be prepared by this	258
division with the clerk of the appropriate court of appeals and	259
with the clerk of the supreme court within fifteen days after the	260
court or panel imposes sentence. For cases in which a sentence of	261
death is imposed for an offense committed on or after January 1,	262
1995, the court or panel shall file the opinion required to be	263
prepared by this division with the clerk of the supreme court	264
within fifteen days after the court or panel imposes sentence. The	265
judgment in a case in which a sentencing hearing is held pursuant	266
to this section is not final until the opinion is filed.	267

(G)(1) Whenever the court or a panel of three judges imposes	268
a sentence of death for an offense committed before January 1,	269
1995, the clerk of the court in which the judgment is rendered	270
shall deliver the entire record in the case to the appellate	271
court.	272

(2) Whenever the court or a panel of three judges imposes a	273
sentence of death for an offense committed on or after January 1,	274
1995, the clerk of the court in which the judgment is rendered	275
shall deliver the entire record in the case to the supreme court.	276

Section 2. That existing section 2929.03 of the Revised Code	277
is hereby repealed.	278

Section 3.  Section 2929.03 of the Revised Code is presented	279
in this act as a composite of the section as amended by both Am.	280
Sub. H.B. 180 and Am. Sub. S.B. 269 of the 121st General Assembly.	281
The General Assembly, applying the principle stated in division	282
(B) of section 1.52 of the Revised Code that amendments are to be	283
harmonized if reasonably capable of simultaneous operation, finds	284
that the composite is the resulting version of the section in	285
effect prior to the effective date of the section as presented in	286
this act.	287