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S. B. No. 219 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
|127th General Assembly|
Senators Grendell, Faber
To amend section 2901.13 of the Revised Code to make
the period of limitation for the criminal
prosecution of a person for an offense directly
related to misconduct in office of a public
servant the same as the period of limitation for
the criminal prosecution of that public servant
for the offense involving the public servant's
misconduct in office.
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 follows:
Sec. 2901.13. (A)(1) Except as provided in
or (3) of this section or as otherwise provided
prosecution shall be barred unless it is commenced
following periods after an offense is committed:
(a) For a felony,
(b) For a misdemeanor other than a minor misdemeanor, two
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of
violation of section 2903.01 or 2903.02 of the Revised Code.
(3) Except as otherwise provided in divisions (B) to (H)
this section, a prosecution of any of the following offenses shall
it is commenced within twenty years after the
offense is committed:
(a) A violation of section 2903.03, 2903.04, 2905.01,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,
2917.02 of the Revised Code, a
section 2903.11 or 2903.12 of the Revised Code if the
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
committing a violation set forth in division (A)(3)(a)
(B) If the period of limitation provided in division (A)(1)
of this section has expired, prosecution shall be commenced
an offense of which an element is fraud or breach of a
duty, within one year after discovery of the offense
either by an
aggrieved person, or by the aggrieved person's legal
representative who is not
a party to the offense.
(C)(1) If the period of limitation provided in division
or (3) of this section has expired, prosecution shall be
commenced for the following offenses during the following
specified periods of time:
an offense involving misconduct in office by a public
defined in section 2921.01 of the Revised Code, at any
the accused remains a public servant, or within two
(b) For an offense by a person who is not a public servant
but whose offense is directly related to the misconduct in office
of a public servant, at any time while that public servant remains
a public servant, or within two years thereafter.
(2) As used in this division:
(a) An "offense is directly related to the misconduct in
office of a public servant" includes, but is not limited to, a
violation of section 101.71, 101.91, 121.61 or 2921.13, division
(F) or (H) of section 102.03, division (A) of section 2921.02,
division (A) or (B) of section 2921.43, or division (F) or (G) of
section 3517.13 of the Revised Code, that is directly related to
an offense involving misconduct in office of a public servant.
(b) "Public servant" has the same meaning as in section
2921.01 of the Revised Code.
(D) An offense is committed when every element of the
occurs. In the case of an offense of which an element is
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
returned or an information filed, or on the date a lawful
without a warrant is made, or on the date a warrant,
citation, or other process is issued, whichever occurs
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
(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
accused departed this state or concealed
whereabouts is prima-facie evidence of the
accused's purpose to
(H) The period of limitation shall not run during any time
prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
which that commenced the prosecution is quashed or the
proceedings thereon on the indictment, information, or process are
set aside or reversed on appeal.
(I) The period of limitation for a violation of any provision
of Title XXIX of the Revised Code that involves a physical or
mental wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of a child under eighteen
years of age or of a mentally retarded, developmentally disabled,
or physically impaired child under twenty-one years of age shall
not begin to run until either of the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or
county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred has been notified
that abuse or neglect is known, suspected, or believed to have
(J) As used in this section, "peace officer" has the same
as in section 2935.01 of the Revised Code.
Section 2. That existing section 2901.13 of the Revised Code
is hereby repealed.
Section 3. In amending section 2901.13 of the Revised Code,
it is the intent of the General Assembly to supersede the effect
of the holding of the Ohio Supreme Court in State v. Climaco,
Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A. (1999), 85
Ohio St.3d 582, with respect to the running of the criminal
statute of limitations for certain offenses having a direct
relation to certain public servants, whether or not the discovery
of the corpus delicti of those offenses occurs within or outside
of the otherwise generally applicable period of limitation for
criminal prosecution under section 2901.13 of the Revised Code.