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(122nd General Assembly)(Substitute House Bill Number 5)
AN ACT
To amend sections 2903.01, 2903.02, and 2923.161 of the Revised Code to expand
the
offense of murder to also prohibit causing the
death of another as
a proximate result
of committing or attempting to commit an
offense of violence that is a felony of the first or second degree and that is
not voluntary manslaughter or involuntary manslaughter, to
eliminate provisions regarding proof of specific
intent and the use of
inference in an aggravated murder
trial, and to increase the penalty for improperly discharging a firearm at or
into a habitation or school from a felony of the third degree to a felony of
the second degree when the offender has no prior conviction of the offense.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2903.01, 2903.02, and 2923.161 of the Revised Code be
amended to
read as follows:
Sec. 2903.01. (A) No person shall purposely, and with
prior calculation and design, cause the death of another or the unlawful
termination of another's pregnancy. (B) No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy
while committing or attempting to commit, or while fleeing
immediately after committing or attempting to commit, kidnapping,
rape, aggravated arson or arson, aggravated robbery or robbery,
aggravated burglary or burglary, or escape. (C) No person shall purposely cause the death of another who is under
thirteen years of age at the time of the commission of the offense. (D) Whoever violates this section is guilty of aggravated
murder, and shall be punished as provided in section 2929.02 of
the Revised Code. (E) No person shall be convicted of aggravated murder
unless the person is specifically found to have intended to
cause the death of another or, if the case involves an alleged violation
of division (A) or (B) of this section, the
unlawful termination of another's pregnancy.
In no case shall a jury in an aggravated
murder case be instructed in such a manner that it may believe
that a person who commits or attempts to commit any offense
listed in division (B) of this section is to be conclusively
inferred, because the person engaged in a common design with
others to
commit the offense by force and violence or because the offense
and the manner of its commission would be likely to produce
death or the unlawful termination of another's pregnancy, to have
intended to cause the death of any person who is
killed or the unlawful termination of another's pregnancy during the
commission of, attempt to commit, or flight
from the commission of or attempt to commit, the offense. If a
jury in an aggravated murder case is instructed that a person who
commits or attempts to commit any offense listed in division (B)
of this section may be inferred, because the offender engaged
in a common
design with others to commit the offense by force or violence or
because the offense and the manner of its commission would be
likely to produce death or the unlawful termination of another's
pregnancy, to have intended to cause the death of
any person who is killed or the unlawful termination of another's
pregnancy during the commission of, attempt to
commit, or flight from the commission of or attempt to commit the
offense, the jury also shall be instructed that the inference is
nonconclusive, that the inference may be considered in
determining intent, that it is to consider all evidence
introduced by the prosecution to indicate the person's intent and
by the person to indicate the person's lack of intent in
determining
whether the person specifically intended to cause the death of
the person killed or the unlawful termination of another's pregnancy,
and that the prosecution must prove the
specific intent of the person to have caused the death or the unlawful
termination of another's pregnancy by proof
beyond a reasonable doubt.
Sec. 2903.02. (A) No person shall purposely cause the death of another or
the unlawful termination of another's pregnancy. (B) No person shall cause the death of another as a proximate
result of the offender's committing or attempting to commit an offense
of
violence that is a felony of the first or second degree and that is not a
violation of section 2903.03 or 2903.04 Of the Revised Code. (C) Division (B) of this section does not apply to an
offense that becomes a felony of the first or second degree only if the
offender
previously has been convicted of that offense or another specified
offense. (D) Whoever violates this section is guilty of murder, and shall be
punished as provided in section 2929.02 of the Revised Code. Sec. 2923.161. (A) No person, without privilege to do so,
shall knowingly discharge a firearm at or into an occupied
structure that is a permanent or temporary habitation of any
individual or a school. (B) This section does not apply to any officer, agent, or
employee of this or any other state or the United States, or to
any law enforcement officer, who discharges the firearm while
acting within the scope of the officer's, agent's, or employee's duties. (C) Whoever violates this section is guilty of improperly
discharging a firearm at or into a habitation or school. Except
as otherwise provided in this division, improperly discharging a firearm
at or into a habitation or school is a felony of the third
degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this section, improperly
discharging a firearm at or into a habitation or school is, a
felony of the second degree. (D) As used in this section, "occupied structure" has the
same meaning as in section 2909.01 of the Revised Code. SECTION 2 . That existing sections 2903.01, 2903.02, and 2923.161 of the
Revised Code are
hereby repealed.
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