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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 18 |
REPRESENTATIVES TAYLOR-GARDNER-TERWILLEGER-FOX-GARCIA-MASON-
MYERS-PRENTISS-CORBIN-THOMPSON-VESPER-HARRIS-O'BRIEN-ROMAN-
JOHNSON-METZGER-AMSTUTZ-OLMAN-MOTTL-REID
A BILL
To enact section 109.97 of the Revised Code
to require the Attorney General to annually
prepare and file
with specified individuals a capital case status
report.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.97 of the Revised Code be enacted to
read as follows:
Sec. 109.97. (A) AS USED IN THIS SECTION:
(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE
CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION
2967.01 OF THE REVISED
CODE.
(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF THE FOLLOWING
CIRCUMSTANCES APPLY ON THE THIRTY-FIRST
DAY OF DECEMBER OF THE CALENDAR
YEAR COVERED BY A CAPITAL CASE STATUS REPORT
DESCRIBED IN DIVISIONS (B) AND
(C) OF THIS SECTION TO AN INDIVIDUAL WHO WAS SENTENCED TO DEATH
PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 of the Revised Code FOR AN
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981:
(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH
SECTION 2949.22 of the Revised Code FOR THE AGGRAVATED MURDER, OR THE INDIVIDUAL
OTHERWISE IS DECEASED.
(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE
CORRECTIONAL INSTITUTION WAITING FOR
THE EXECUTION OF THE SENTENCE OF DEATH.
(c) THE INDIVIDUAL HAS BEEN RELEASED FROM
CONFINEMENT IN A STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED
IN CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN GRANTED A
COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER AND HAS BEEN RELEASED
FROM CONFINEMENT OR IS SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT
PURSUANT TO THE COMMUTATION.
(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED OR
REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 2929.05
of the Revised Code OR OTHERWISE HAS BEEN RELIEVED OF THE SENTENCE OF DEATH
BY A COURT OF THIS STATE OR THE UNITED STATES.
(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED AS
DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR
OTHERWISE, THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR
OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE INDIVIDUAL IS
A
PRISONER SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT IN A STATE
CORRECTIONAL INSTITUTION.
(f) THE INDIVIDUAL IS CONFINED IN A
CORRECTIONAL INSTITUTION OF ANOTHER STATE OR THE
UNITED STATES FOR THE COMMISSION OF
ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE WITH A SENTENCE
OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR THE
UNITED STATES FOR THE COMMISSION OF
ANOTHER OFFENSE.
(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE
CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF
ANOTHER STATE OR THE UNITED STATES AND CURRENTLY IS
AT-LARGE.
(B) THE ATTORNEY GENERAL
ANNUALLY SHALL PREPARE OR CAUSE TO BE PREPARED A CAPITAL CASE
STATUS REPORT THAT PERTAINS TO ALL
INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO
2929.04
OR SECTION 2929.06 of the Revised Code FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981, AND THAT
CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION. THE
ATTORNEY GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE
STATUS REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE
OF THE SUPREME COURT, THE PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES NO LATER THAN THE FIRST
DAY OF APRIL OF THE CALENDAR
YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. EACH
ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC
RECORD SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH
SECTION 149.43 OF THE REVISED
CODE.
(C)(1) AN ANNUAL CAPITAL CASE STATUS
REPORT PREPARED PURSUANT TO DIVISION
(B) OF THIS SECTION SHALL
CONTAIN ALL OF THE FOLLOWING INFORMATION THAT PERTAINS AS OF
THE THIRTY-FIRST DAY OF
DECEMBER OF THE CALENDAR YEAR
COVERED BY THE REPORT TO EACH INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT
TO SECTIONS 2929.02 TO 2929.04 OR 2929.06 OF THE
REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981:
(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS
OF EACH CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH
PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE
REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981;
(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL
STATUS;
(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL
ACTIONS TO VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE
SENTENCE OF DEATH DESCRIBED IN DIVISION
(C)(1)(a)
OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
MOTIONS TO VACATE THE SENTENCE OF DEATH, APPEALS, PETITIONS FOR
POSTCONVICTION RELIEF, AND PETITIONS FOR HABEAS CORPUS RELIEF
FILED WITH A COURT OF THIS STATE OR A COURT OF THE
UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER
SECTION OF THE REVISED CODE, THE OHIO
CONSTITUTION, FEDERAL STATUTES, OR THE UNITED
STATES CONSTITUTION;
(d) ANY OTHER INFORMATION THAT THE ATTORNEY
GENERAL DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A
TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S
SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE
REVISED CODE.
(2) IN EACH ANNUAL CAPITAL CASE
STATUS REPORT PREPARED PURSUANT TO
DIVISION (B) OF THIS SECTION,
THE ATTORNEY GENERAL SHALL SET FORTH OR CAUSE TO BE SET FORTH
THE INFORMATION DESCRIBED IN DIVISION
(C)(1)
OF THIS SECTION IN THE FORM THAT THE ATTORNEY
GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT INFORMATION,
INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, GRAPHS, AND
NARRATIVE SUMMARIES.
(D) ALL OFFICERS AND
EMPLOYEES OF THE GOVERNMENT OF THIS STATE AND ITS POLITICAL
SUBDIVISIONS SHALL COOPERATE, UPON REQUEST OF THE ATTORNEY
GENERAL, IN PROVIDING INFORMATION THAT FACILITATES THE ATTORNEY
GENERAL IN THE PERFORMANCE OF THE ATTORNEY GENERAL'S
RESPONSIBILITIES UNDER THIS SECTION.
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