As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
S. B. No. 219


Senator Schuring 

Cosponsors: Senators Grendell, Faber, Niehaus, Padgett, Schaffer, Schuler, Stivers, Wilson 



A BILL
To amend section 2901.13 of the Revised Code to make 1
the period of limitation for the criminal 2
prosecution of a person for an offense directly 3
related to misconduct in office of a public 4
servant the same as the period of limitation for 5
the criminal prosecution of that public servant 6
for the offense involving the public servant's 7
misconduct in office.8


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

       Section 1. That section 2901.13 of the Revised Code be 9
amended to read as follows:10

       Sec. 2901.13.  (A)(1) Except as provided in division (A)(2) 11
or (3) of this section or as otherwise provided in this section, a 12
prosecution shall be barred unless it is commenced within the 13
following periods after an offense is committed:14

       (a) For a felony, six years;15

       (b) For a misdemeanor other than a minor misdemeanor, two16
years;17

       (c) For a minor misdemeanor, six months.18

       (2) There is no period of limitation for the prosecution of a 19
violation of section 2903.01 or 2903.02 of the Revised Code.20

       (3) Except as otherwise provided in divisions (B) to (H) of 21
this section, a prosecution of any of the following offenses shall 22
be barred unless it is commenced within twenty years after the 23
offense is committed:24

       (a) A violation of section 2903.03, 2903.04, 2905.01, 25
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 26
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 27
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a 28
violation of section 2903.11 or 2903.12 of the Revised Code if the 29
victim is a peace officer, a violation of section 2903.13 of the 30
Revised Code that is a felony, or a violation of former section 31
2907.12 of the Revised Code;32

       (b) A conspiracy to commit, attempt to commit, or complicity 33
in committing a violation set forth in division (A)(3)(a) of this 34
section.35

       (B) If the period of limitation provided in division (A)(1)36
or (3) of this section has expired, prosecution shall be commenced 37
for an offense of which an element is fraud or breach of a 38
fiduciary duty, within one year after discovery of the offense 39
either by an aggrieved person, or by the aggrieved person's legal40
representative who is not a party to the offense.41

       (C)(1) If the period of limitation provided in division 42
(A)(1) or (3) of this section has expired, prosecution shall be43
commenced for the following offenses during the following 44
specified periods of time:45

       (a) For an offense involving misconduct in office by a public 46
servant as defined in section 2921.01 of the Revised Code, at any 47
time while the accused remains a public servant, or within two 48
years thereafter;49

       (b) For an offense by a person who is not a public servant 50
but whose offense is directly related to the misconduct in office 51
of a public servant, at any time while that public servant remains 52
a public servant, or within two years thereafter.53

       (2) As used in this division:54

       (a) An "offense is directly related to the misconduct in 55
office of a public servant" includes, but is not limited to, a 56
violation of section 101.71, 101.91, 121.61 or 2921.13, division 57
(F) or (H) of section 102.03, division (A) of section 2921.02, 58
division (A) or (B) of section 2921.43, or division (F) or (G) of 59
section 3517.13 of the Revised Code, that is directly related to 60
an offense involving misconduct in office of a public servant.61

       (b) "Public servant" has the same meaning as in section 62
2921.01 of the Revised Code.63

       (D) An offense is committed when every element of the offense 64
occurs. In the case of an offense of which an element is a 65
continuing course of conduct, the period of limitation does not66
begin to run until such course of conduct or the accused's67
accountability for it terminates, whichever occurs first.68

       (E) A prosecution is commenced on the date an indictment is 69
returned or an information filed, or on the date a lawful arrest 70
without a warrant is made, or on the date a warrant, summons, 71
citation, or other process is issued, whichever occurs first. A 72
prosecution is not commenced by the return of an indictment or the 73
filing of an information unless reasonable diligence is exercised 74
to issue and execute process on the same. A prosecution is not 75
commenced upon issuance of a warrant, summons, citation, or other 76
process, unless reasonable diligence is exercised to execute the 77
same.78

       (F) The period of limitation shall not run during any time79
when the corpus delicti remains undiscovered.80

       (G) The period of limitation shall not run during any time81
when the accused purposely avoids prosecution. Proof that the82
accused departed this state or concealed the accused's identity or 83
whereabouts is prima-facie evidence of the accused's purpose to84
avoid prosecution.85

       (H) The period of limitation shall not run during any time a 86
prosecution against the accused based on the same conduct is87
pending in this state, even though the indictment, information, or 88
process whichthat commenced the prosecution is quashed or the89
proceedings thereonon the indictment, information, or process are 90
set aside or reversed on appeal.91

       (I) The period of limitation for a violation of any provision 92
of Title XXIX of the Revised Code that involves a physical or 93
mental wound, injury, disability, or condition of a nature that 94
reasonably indicates abuse or neglect of a child under eighteen 95
years of age or of a mentally retarded, developmentally disabled, 96
or physically impaired child under twenty-one years of age shall 97
not begin to run until either of the following occurs:98

       (1) The victim of the offense reaches the age of majority.99

       (2) A public children services agency, or a municipal or 100
county peace officer that is not the parent or guardian of the 101
child, in the county in which the child resides or in which the 102
abuse or neglect is occurring or has occurred has been notified 103
that abuse or neglect is known, suspected, or believed to have 104
occurred.105

       (J) As used in this section, "peace officer" has the same 106
meaning as in section 2935.01 of the Revised Code.107

       Section 2. That existing section 2901.13 of the Revised Code 108
is hereby repealed.109

       Section 3. In amending section 2901.13 of the Revised Code, 110
it is the intent of the General Assembly to supersede the effect 111
of the holding of the Ohio Supreme Court in State v. Climaco, 112
Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A. (1999), 85 113
Ohio St.3d 582, with respect to the running of the criminal 114
statute of limitations for certain offenses having a direct 115
relation to certain public servants, whether or not the discovery 116
of the corpus delicti of those offenses occurs within or outside 117
of the otherwise generally applicable period of limitation for 118
criminal prosecution under section 2901.13 of the Revised Code.119