130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 5

REPRESENTATIVES TAYLOR-O'BRIEN-JERSE-BATCHELDER-LUCAS- CATES-FOX


A BILL
To amend sections 2903.01 and 2903.02 of the Revised Code to expand the offense of murder by prohibiting a person from causing the death of another as a proximate result of committing or attempting to commit a felony offense of violence and to eliminate provisions regarding proof of specific intent and the use of inference in an aggravated murder trial.

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


Section 1. That sections 2903.01 and 2903.02 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) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.

(D) No person shall be convicted of aggravated murder unless the person is specifically found to have intended to cause the death of another or 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 A FELONY OFFENSE OF VIOLENCE.

(C)AS USED IN DIVISION (B) OF THIS SECTION, "FELONY OFFENSE OF VIOLENCE" MEANS AN OFFENSE OF VIOLENCE THAT IS A FELONY. "FELONY OFFENSE OF VIOLENCE" DOES NOT INCLUDE AN OFFENSE OF VIOLENCE THAT IS A MISDEMEANOR ON A FIRST OFFENSE AND THAT BECOMES A FELONY 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.


Section 2. That existing sections 2903.01 and 2903.02 of the Revised Code are hereby repealed.
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