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(122nd General Assembly)(Substitute Senate Bill Number 193)
AN ACT
To amend sections 108.05, 141.011, 2903.01, and 2929.04 of the Revised Code to
expand aggravated murder to also include
purposely causing the death of another while under detention for a felony
conviction or after having broken that detention and in
specified circumstances
purposely causing the death of a law enforcement
officer or a specified Department of Rehabilitation and Correction employee,
to include in the capital
punishment aggravating circumstance that relates
to committing the offense while under detention the circumstance
of committing the offense while at large after having broken
detention, to authorize the Governor
to appoint the Lieutenant Governor as director of the Office of Criminal
Justice Services, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 108.05, 141.011, 2903.01, and 2929.04 of the Revised
Code be amended to read as follows:
Sec. 108.05. (A) The lieutenant governor shall be a member of the
governor's
cabinet and shall preside at its meetings in the absence of the governor. (B) The governor may appoint the lieutenant governor as an administrative
department head listed in section 121.03 of the Revised Code, as director
of the office of criminal justice services pursuant to section 181.52 of the
Revised Code, as his
the governor's representative on any board, agency, committee, or
commission of which the
governor is a member and has the authority to appoint a representative, or in
an advisory capacity to any nonelective board, agency, committee, or
commission in the executive department, or may give the lieutenant
governor
any special assignment as the governor considers in the interest of the state. (C) When carrying out any of the functions described in division (B) of this
section, the lieutenant governor shall be reimbursed from funds of the
particular authority for necessary expenses incurred in the conduct of
authority business. Sec. 141.011. Notwithstanding section 141.01 of the
Revised Code, beginning in calendar year 1987, the annual
salaries of the elective officers of the state shall be as
follows rather than as prescribed by divisions (A) to (F) of such
section: (A)(1) In calendar year 1991 the annual salary of the
governor shall be one hundred thousand dollars. (2) In calendar year 1992 the annual salary of the
governor shall be five per cent more than in 1991. (3) In calendar year 1993 the annual salary of the
governor shall be five per cent more than in 1992. (4) In calendar year 1994 the annual salary of the
governor shall be five per cent more than in 1993, and in calendar
years 1995, 1996, 1997, and 1998 the annual salary shall be the same as in
calendar year 1994. (5) In calendar year 1999 the annual salary of the governor shall
be three per cent more than in 1998. (6) In calendar year 2000 the annual salary of the governor shall be three
per cent more than in 1999. (7) In calendar year 2001 the annual salary of the governor shall be three
per cent more than in 2000. (8) In calendar year 2002 and thereafter the annual salary of the governor
shall be three per cent more than in 2001. (B)(1) In calendar year 1987 the annual salary of the
lieutenant governor shall be an amount produced by increasing
thirty-five thousand dollars by five per cent compounded for each
of the years 1984, 1985, 1986, and 1987. (2) In calendar year 1988 the annual salary of the
lieutenant governor shall be five per cent more than in 1987. (3) In calendar year 1989 the annual salary of the
lieutenant governor shall be five per cent more than in 1988. (4) In calendar year 1990 the annual salary of the
lieutenant governor shall be five per cent more than in 1989. (5) In calendar year 1991 the annual salary of the
lieutenant governor shall be five per cent more than in 1990. (6) In calendar year 1992 the annual salary of the
lieutenant governor shall be five per cent more than in 1991. (7) In calendar year 1993 the annual salary of the
lieutenant governor shall be five per cent more than in 1992. (8) In calendar year 1994 the annual salary of the
lieutenant governor shall be five per cent more than in 1993, and in
calendar years 1995, 1996, 1997, and 1998 the annual salary shall be the same
as in calendar year 1994. (9) In calendar year 1999 the annual salary of the lieutenant
governor shall be sixty-two thousand five hundred dollars. (10) In calendar year 2000 the annual salary of the lieutenant governor
shall be three per cent more than in 1999. (11) In calendar year 2001 the annual salary of the lieutenant governor
shall be three per cent more than in 2000. (12) In calendar year 2002 and thereafter the annual salary of the
lieutenant governor shall be three per cent more than in 2001. If the governor appoints the lieutenant governor as an administrative
department head or as the director of the office of criminal justice
services under section 108.05 of the Revised Code, the lieutenant governor
may accept
the salary for that office while serving as its head in lieu of the salary for
the office of lieutenant governor. (C)(1) In calendar year 1987 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each produced by
increasing fifty thousand dollars by five per cent compounded for
each of the years 1984, 1985, 1986, and 1987. (2) In calendar year 1988 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1987. (3) In calendar year 1989 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1988. (4) In calendar year 1990 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1989. (5) In calendar year 1991 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1990. (6) In calendar year 1992 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1991. (7) In calendar year 1993 the annual salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general shall be an amount for each that is five per
cent more than in 1992. (8) In calendar year 1994 the annual salary
of the secretary of state, auditor of state, treasurer of state,
and attorney general shall be an amount for each that is five per
cent more than in 1993, and in calendar years 1995, 1996, 1997, and
1998 the annual salary shall be the same as in calendar year
1994. (9) In calendar year 1999 the annual salary of the secretary of
state, auditor of state, treasurer of state, and attorney general shall be
three per cent more than in 1998. (10) In calendar year 2000 the annual salary of the secretary of state,
auditor of state, treasurer of state, and attorney general shall be three per
cent more than in 1999. (11) In calendar year 2001 the annual salary of the secretary of state,
auditor of state, treasurer of state, and attorney general shall be three per
cent more than in 2000. (12) In calendar year 2002 and thereafter the annual salary of the
secretary of state, auditor of state, treasurer of state, and attorney general
shall be three per cent more than in 2001. (D) Upon the death of an elected executive officer of the
state listed in divisions (A) to (F) of section 141.01 of the
Revised Code during that person's term of office, an amount shall
be paid in accordance with section 2113.04 of the Revised Code, or to that
person's estate. The amount shall equal the amount of the salary that the
officer would have received during the remainder of the officer's unexpired
term or an amount equal to the salary of that person's office for two years,
whichever is less. 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) No person who is
under detention as a result of having been found guilty of or
having pleaded guilty to a felony or who breaks that detention
shall purposely cause the death of another. (E) No person shall purposely cause the death of a
law enforcement officer whom the offender knows or has
reasonable cause to know is a law enforcement officer when
either of the following applies: (1) The victim, at the time of the commission of the
offense, is engaged in the victim's duties. (2) It is the offender's specific purpose to kill a law
enforcement officer. (F) Whoever violates this section is guilty of aggravated
murder, and shall be punished as provided in section 2929.02 of
the Revised Code. (G) As used in this section: (1) "Detention" has the same meaning as in section
2921.01 of the Revised Code. (2) "Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised
Code. Sec. 2929.04. (A) Imposition of the death penalty for
aggravated murder is precluded unless one or more of the
following is specified in the indictment or count in the
indictment pursuant to section 2941.14 of the Revised Code and
proved beyond a reasonable doubt: (1) The offense was the assassination of the president of
the United States or a person in line of succession to the
presidency, the governor or lieutenant governor of this
state, the president-elect or vice president-elect of the
United States, the governor-elect or lieutenant
governor-elect of this state, or a candidate for any of the
offices described in this division. For purposes of this division, a person
is a
candidate if the person has been nominated for election
according to law, if the person has filed a petition or
petitions according to law to have the person's name placed
on the ballot in a primary or general election, or if the
person campaigns as a write-in candidate in a primary or general election. (2) The offense was committed for hire. (3) The offense was committed for the purpose of escaping
detection, apprehension, trial, or punishment for another offense
committed by the offender. (4) The offense was committed while the offender was a
prisoner in a detention facility, as defined
under detention or while the
offender was at large after having broken detention. As used
in division (A)(4)
of this section, "detention" has the same meaning as
in section 2921.01 of
the Revised Code,
except that detention does not include hospitalization,
institutionalization, or confinement in a mental health facility
or mental retardation and developmentally disabled facility
unless at the time of the commission of the offense either of
the following circumstances apply: (a) The offender was in the facility as a result
of being charged with a violation of a section of the
Revised Code. (b) The offender was under detention as a result
of being convicted of or pleading guilty to a violation of a
section of the Revised
Code. (5) Prior to the offense at bar, the offender was
convicted of an offense an essential element of which was the
purposeful killing of or attempt to kill another, or the offense
at bar was part of a course of conduct involving the purposeful
killing of or attempt to kill two or more persons by the
offender. (6) The victim of the offense was a law enforcement officer, as
defined in section 2911.01 of the Revised Code, whom the offender
had reasonable cause to know or knew to be a law enforcement officer as so
defined, and either the
victim, at the time of the commission of the offense, was engaged
in the victim's duties, or it was the offender's specific
purpose to kill a law enforcement officer as so defined. (7) The offense was committed while the offender was
committing, attempting to commit, or fleeing immediately after
committing or attempting to commit kidnapping, rape, aggravated
arson, aggravated robbery, or aggravated burglary, and either the
offender was the principal offender in the commission of the
aggravated murder or, if not the principal offender, committed
the aggravated murder with prior calculation and design. (8) The victim of the aggravated murder was a witness to
an offense who was purposely killed to prevent the victim's
testimony in any criminal proceeding and the aggravated murder was not
committed during the commission, attempted commission, or flight
immediately after the commission or attempted commission of the
offense to which the victim was a witness, or the victim of the
aggravated murder was a witness to an offense and was purposely
killed in retaliation for the victim's testimony in any
criminal proceeding. (9) The offender, in the commission of the offense, purposefully
caused the death of another who was under thirteen years
of age at the time of the commission of the offense, and either the offender
was the principal offender in the commission of the offense or, if
not the principal offender, committed the offense with prior
calculation and design. (B) If one or more of the aggravating circumstances listed
in division (A) of this section is specified in the indictment or
count in the indictment and proved beyond a reasonable doubt, and
if the offender did not raise the matter of age pursuant to
section 2929.023 of the Revised Code or if the offender, after
raising the matter of age, was found at trial to have been
eighteen years of age or older at the time of the commission of
the offense, the court, trial jury, or panel of three judges
shall consider, and weigh against the aggravating circumstances
proved beyond a reasonable doubt, the nature and circumstances of
the offense, the history, character, and background of the
offender, and all of the following factors: (1) Whether the victim of the offense induced or
facilitated it; (2) Whether it is unlikely that the offense would have
been committed, but for the fact that the offender was under
duress, coercion, or strong provocation; (3) Whether, at the time of committing the offense, the
offender, because of a mental disease or defect, lacked
substantial capacity to appreciate the criminality of the
offender's conduct or to conform the offender's conduct
to the requirements of the law; (4) The youth of the offender; (5) The offender's lack of a significant history of prior
criminal convictions and delinquency adjudications; (6) If the offender was a participant in the offense but
not the principal offender, the degree of the offender's
participation in the offense and the degree of the offender's
participation in the acts that led to the death of the victim; (7) Any other factors that are relevant to the issue of
whether the offender should be sentenced to death. (C) The defendant shall be given great latitude in the
presentation of evidence of the factors listed in division (B) of
this section and of any other factors in mitigation of the
imposition of the sentence of death. The existence of any of the mitigating factors listed in
division (B) of this section does not preclude the imposition of
a sentence of death on the offender but shall be weighed
pursuant to divisions (D)(2) and (3) of section 2929.03 of the
Revised Code by the trial court, trial jury, or the panel of
three judges against the aggravating circumstances the offender
was found guilty of committing. SECTION 2 . That existing sections 108.05, 141.011, 2903.01, and 2929.04 of the
Revised Code are
hereby repealed.
SECTION 3 . Section 2929.04 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 151 and Am. S.B. 32 of the 122nd General Assembly, with the new
language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
SECTION 4 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is to maximize the ability of the Office of Criminal
Justice Services to serve as a criminal justice services agency. Therefore,
this act shall go into immediate effect.
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