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H. B. No. 334 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Domenick, Fende, Hagan, Murray, Williams, B., Yuko
A BILL
To amend section 2929.02 of the Revised Code to
change the prison term for murder from an
indefinite term of fifteen years to life to an
indefinite term consisting of a minimum term of
fifteen, sixteen, seventeen, eighteen, nineteen,
or twenty years and a maximum term of life
imprisonment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2929.02 of the Revised Code be
amended to read as follows:
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty
to aggravated
murder in violation of section 2903.01 of the
Revised Code shall
suffer death or be imprisoned for life, as
determined pursuant to
sections 2929.022, 2929.03, and 2929.04 of
the Revised Code,
except that no person who raises the matter of
age pursuant to
section 2929.023 of the
Revised Code and who is
not found to have been eighteen years of
age or older at the time
of the commission of the offense shall
suffer death. In addition,
the offender may be fined an amount
fixed by the court, but not
more than twenty-five thousand
dollars.
(B)(1) Except as otherwise provided in division
(B)(2) or
(3) of this section, whoever is convicted of or pleads
guilty to
murder in violation of
section 2903.02 of the Revised
Code shall
be imprisoned for an indefinite
term consisting of a minimum term
of fifteen, sixteen, seventeen, eighteen, nineteen, or twenty
years
to and a maximum term of life imprisonment.
(2) Except as otherwise provided in division (B)(3) of this
section, if a person is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code, the victim of
the offense was less than thirteen years of age, and the offender
also
is convicted of or pleads guilty to a sexual motivation
specification that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
impose an indefinite prison term of thirty years to life pursuant
to division (B)(3) of section 2971.03 of the Revised Code.
(3) If a person is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a
sexually violent predator specification that were included
in the indictment,
count in the indictment, or information that
charged the murder, the court
shall impose upon the offender a
term of life imprisonment without
parole that shall be served
pursuant to section 2971.03
of the Revised Code.
(4) In addition, the offender may be
fined an amount fixed by
the court, but not more than fifteen
thousand dollars.
(C) The court shall not impose a fine or fines for
aggravated
murder or murder which, in the aggregate and to the
extent not
suspended by the court, exceeds the amount which the
offender is
or will be able to pay by the method and within the
time allowed
without undue hardship to the offender or
to the dependents of the
offender, or will prevent
the offender from making reparation for
the victim's
wrongful death.
(D)(1) In addition to any other sanctions imposed for a
violation of section 2903.01 or 2903.02 of the Revised Code, if
the offender used a motor vehicle as the means to commit the
violation, the court shall impose upon the offender a class two
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege as specified in division (A)(2) of
section 4510.02 of the Revised Code.
(2) As used in division (D) of this section, "motor vehicle"
has the same meaning as in section 4501.01 of the Revised Code.
Section 2. That existing section 2929.02 of the Revised Code
is hereby repealed.
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