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(122nd General Assembly)(Substitute House Bill Number 49)
To amend section 2901.13 of the Revised Code to extend to 20 years the time
within which certain serious offenses may be
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2901.13 of the Revised Code be amended to read as
Sec. 2901.13. (A)(1) Except as
otherwise provided in
division (A)(2) or (3) of this section or as otherwise provided
section, a prosecution shall be barred unless it is commenced
within the following periods after an offense is committed: (1)(a) For a felony other than aggravated murder or
six years; (2)(b) For a misdemeanor other than a minor misdemeanor, two
years; (3)(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of
a violation of section 2903.01 or 2903.02 Of the Revised Code.
(3) Except as otherwise provided in divisions (B) to (H)
of this section, a prosecution of any of the following offenses shall be
it is commenced within twenty years after the offense is committed:
(a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.02, 2911.11,
2917.02 Of the Revised Code, a violation of section 2903.11 or 2903.12 Of the Revised Code if the victim is
a peace officer, a violation of section 2903.13 Of the Revised Code that is a felony, or a
violation of former section 2907.12 Of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or complicity in
committing a violation set forth in division (A)(3)(a)
of this section.
(B) If the period of limitation provided in division (A)(1)
of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary
duty, within one year after discovery of the offense either by an
aggrieved person, or by
his the aggrieved person's legal
representative who is not
himself a party to the offense.
(C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while
the accused remains a public servant, or within two years
(D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same.
(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.
(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
absented himself from departed this state or concealed
his the accused's
identity or whereabouts is prima-facie evidence of his the
accused's purpose to
(H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal.
(I) As used in this section, "peace officer" has the same meaning
as in section 2935.01 Of the Revised Code.
SECTION 2 . That existing section 2901.13 of the Revised Code is hereby
SECTION 3 . Section 2901.13 of the Revised Code, as amended by this act,
applies to an offense committed on and after the effective date of this act
applies to an offense committed prior to the effective date of this act if
prosecution for that offense was not barred under section 2901.13 of the
Revised Code as it existed on the day prior to the effective date of this act.