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H. B. No. 89 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Adams, R., Derickson, Hite, Huffman, Bacon, Stebelton, Combs, Stautberg, McGregor, Jordan, Daniels, Balderson, Blair
A BILL
To amend sections 2903.01, 2903.11, 2903.12, 2903.13,
2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 of
the Revised Code to provide that the purposeful
killing of a judge or magistrate in specified
circumstances is aggravated murder; to increase
the penalty for felonious assault, aggravated
assault, and assault in specified circumstances
when the victim is a judge, a
magistrate, or a
law enforcement officer, to change the
circumstances in which the penalty for those
offenses is increased when the victim is a BCII
investigator, and to remove the increased penalty
for those offenses when the victim is a peace
officer; to increase the penalty for assault when
the offense is committed in a courthouse in
specified circumstances and to change the
circumstances in which the penalty for that
offense is increased when the victim is a children
services worker; to increase the penalty for
aggravated menacing in specified circumstances
when the victim is a
law enforcement officer,
judge, or magistrate and to change the
circumstances in which the penalty for that
offense is increased when the victim is a children
services worker; to
expand intimidation to also
prohibit attempting to intimidate a public
servant, party official, attorney, or witness by
making an unlawful threat of harm to an unborn of
that person; to expand retaliation to also
prohibit using force against or making an unlawful
threat to harm an unborn of a public servant,
party official, attorney, or witness and to modify
the culpable mental state for and other elements
of that offense; and to make the killing of a
judge
or magistrate in specified circumstances an
aggravating circumstance for the
imposition of
the death penalty for aggravated
murder.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.01, 2903.11, 2903.12, 2903.13,
2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 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, arson, aggravated robbery, robbery,
aggravated
burglary,
burglary,
terrorism, 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 judge,
magistrate, or
law
enforcement officer whom the offender knows or
has
reasonable
cause to know is a judge, magistrate, or 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 judge,
magistrate, or 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.
(3) "Judge" means a judge of a court created under the
constitution or statutes of this state or of a United States court
located in this state.
(4) "Magistrate" means a magistrate of a court created under
the constitution or statutes of this state or of a United States
court located in this state.
Sec. 2903.11. (A) No person shall knowingly do either of the
following:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by means of a deadly weapon or dangerous
ordnance.
(B) No person, with knowledge that the person has tested
positive as a
carrier of a virus that causes acquired
immunodeficiency syndrome, shall
knowingly do any of the
following:
(1) Engage in sexual conduct with another person without
disclosing that
knowledge to the other person prior to engaging in
the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender
knows or has
reasonable cause to believe lacks
the mental capacity
to appreciate the significance of the knowledge that the
offender
has tested positive as a carrier of a virus that causes acquired
immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen
years of age who
is not the spouse of the offender.
(C) The prosecution of a person under this section does not
preclude prosecution of that person under
section 2907.02 of the
Revised Code.
(D)(1)(a) Whoever violates this section is guilty of
felonious
assault. Except as otherwise provided in this division
or division (D)(1)(b) of this section, felonious
assault is
a
felony of
the second degree. If the victim of a
violation of
division (A) of this section is a peace law enforcement officer,
judge, magistrate, or an
investigator of the bureau of criminal
identification and
investigation whom the
offender knows or has
reasonable cause to know is a law
enforcement officer, judge,
magistrate, or investigator of the
bureau of criminal
identification and investigation, felonious assault
is a
felony
of
the first degree.
(b) Regardless of whether the felonious assault is a felony
of the first or
second degree under division (D)(1)(a) of this
section, if the offender also is
convicted of or pleads guilty to
a specification as described in
section 2941.1423 of the Revised
Code that was included in the
indictment, count in the
indictment, or information charging the
offense, except as
otherwise provided in this division or unless a longer prison term
is required under any other provision of law, the court
shall
sentence the offender to a mandatory prison term as provided
in
division (D)(8) of section 2929.14 of the Revised Code. If the
victim of the offense is a peace law enforcement officer, judge,
magistrate, or an investigator
of
the bureau of criminal
identification and investigation whom the
offender knows or has
reasonable cause to know is a law
enforcement officer, judge,
magistrate, or investigator of the
bureau of criminal
identification and investigation, and if
the victim suffered
serious physical harm as a result of the
commission of the
offense, felonious
assault is a felony of the
first degree, and
the court, pursuant to division
(F) of section
2929.13 of the
Revised Code, shall impose as a mandatory prison
term one of the
prison terms prescribed for a felony of the first
degree.
(2) In addition to any other sanctions imposed pursuant to
division (D)(1) of this section for felonious assault committed in
violation of division (A)(2) of this section, if the deadly weapon
used in the commission of the violation is a motor vehicle, 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.
(E) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in
section 2923.11 of the Revised Code.
(2) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Sexual conduct" has the same meaning as in section
2907.01 of the Revised Code,
except that, as used in this section,
it does not include the insertion of an
instrument, apparatus, or
other object that is not a part of the body into the
vaginal or
anal opening of another, unless the offender knew at the time of
the
insertion that the instrument, apparatus, or other object
carried the
offender's bodily fluid.
(5)(4) "Investigator of the bureau of criminal identification
and investigation" means an investigator of the bureau of criminal
identification and investigation who is commissioned by the
superintendent of the bureau as a special agent for the purpose of
assisting law enforcement officers or providing emergency
assistance to peace officers pursuant to authority granted under
section 109.541 of the Revised Code.
(6)(5) "Investigator" has the same meaning as in section
109.541
of the Revised Code.
(6) "Judge" and "magistrate" have the same meanings as in
section 2903.01 of the Revised Code.
Sec. 2903.12. (A) No person, while under the influence of
sudden passion or in a sudden fit of rage, either of which is
brought on by serious provocation occasioned by the victim that
is
reasonably sufficient to incite the person into using deadly
force, shall knowingly:
(1) Cause serious physical harm to another or to another's
unborn;
(2) Cause or attempt to cause physical harm to another or to
another's
unborn by
means of a deadly weapon or dangerous
ordnance, as defined in
section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated
assault. Except as otherwise provided in this division,
aggravated assault is a felony of the fourth degree. If the victim
of the
offense is a peace law enforcement officer, judge,
magistrate, or an investigator of the bureau
of criminal
identification and investigation whom the
offender knows or has
reasonable cause to know is a law
enforcement officer, judge,
magistrate, or investigator of the
bureau of criminal
identification and investigation, aggravated assault
is a felony
of the third
degree. Regardless of whether the offense
is a
felony of the third or fourth degree under this division, if
the
offender also is convicted of or pleads guilty to a
specification
as described in section 2941.1423 of the Revised
Code that was
included in the indictment, count in the indictment,
or
information charging the offense, except as otherwise provided
in
this division, the court shall sentence the offender to a
mandatory prison term as provided in division (D)(8) of section
2929.14 of the Revised Code. If the victim of the offense is a
peace law enforcement officer, judge, magistrate, or an
investigator of the bureau of criminal
identification and
investigation whom the
offender knows or has reasonable cause to
know is a law
enforcement officer, judge, magistrate, or
investigator of the
bureau of criminal identification and
investigation, and if the
victim suffered
serious physical harm
as a result of the commission of the
offense, aggravated assault
is a felony of the third degree, and
the court,
pursuant to
division (F) of section 2929.13 of the
Revised
Code, shall impose
as a mandatory prison term one of the
prison terms
prescribed for
a felony of the third degree.
(C) As used in this section:
(1) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(2) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code "Judge" and "magistrate" have the same
meanings as in
section 2903.01 of the Revised Code.
Sec. 2903.13. (A) No person shall knowingly cause or
attempt
to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to
another or to another's unborn.
(C) Whoever violates this section is guilty of assault, and
the court shall sentence the offender as provided in this division
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or
(5) of
this section, assault is a
misdemeanor of the first
degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally
impaired person under the caretaker's care, assault is
a felony
of
the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty
to a
violation of this section or section 2903.11 or 2903.16 of
the
Revised Code, and if in relation to the previous conviction
the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of
the particular institution for business purposes or as a
visitor,
and the offense is committed by a person incarcerated in
the state
correctional institution, by a person institutionalized in
the
department of youth services institution pursuant to a
commitment
to the department of youth services, by a
parolee,
by an offender
under transitional
control, under
a community
control sanction, or
on an escorted visit, by a person under
post-release control,
or
by an
offender under any other type of
supervision by a government
agency.
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department or
is on
the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged
with or
convicted
of any crime, or subsequent to the person's
being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of
youth services who temporarily is outside of the institution
for
any purpose, by a
parolee,
by an offender under
transitional
control, under a
community control sanction, or on an
escorted
visit, by a person under
post-release control, or by an
offender
under any other type of supervision by
a government
agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or
delinquent
act, subsequent to the person being charged with or
convicted of any
crime, or subsequent to the person being alleged
to be or
adjudicated a
delinquent child and who temporarily is
outside of the facility
for any purpose or by a
parolee, by an
offender under
transitional control, under a
community
control
sanction, or on an escorted visit, by a person
under post-release
control, or by an offender under any other type
of supervision by
a government
agency.
(e) The victim of the offense is a school teacher or
administrator or a
school bus operator, and the offense occurs in
a school, on school premises,
in a school
building, on a school
bus, or while the victim is outside of school premises
or a school
bus and is engaged in duties or official
responsibilities
associated with the victim's employment or position
as a school
teacher or
administrator or a school bus operator, including, but
not limited to,
driving, accompanying, or chaperoning students at
or on class or field trips,
athletic events, or other school
extracurricular activities or functions
outside of school
premises.
(f) The offense occurs in or on the grounds of a courthouse
or on premises where a courtroom is located, the offense is
committed by a person who is in or on those grounds or on those
premises by reason of or in relation to an action or proceeding
that is occurring, has occurred, or is scheduled to occur at the
courthouse or courtroom, and the offense occurs during the action
or proceeding or while the parties to the action or proceeding or
the officials involved in conducting the action or proceeding are
on their way to or are departing after the action or proceeding.
(3) If the victim of the offense is a peace law enforcement
officer, judge, magistrate, or an
investigator of the bureau of
criminal identification and
investigation whom the
offender
knows or has reasonable cause to know is a law
enforcement
officer, judge, magistrate, or investigator of the
bureau of
criminal identification and investigation, a
firefighter, or a
person performing emergency
medical service,
while in the
performance of their official
duties, assault is a
felony of the
fourth degree.
(4) If the victim of the offense is a peace law enforcement
officer, judge, magistrate, or an
investigator of the bureau of
criminal identification and
investigation whom the
offender
knows or has reasonable cause to know is a law
enforcement
officer, judge, magistrate, or investigator of the
bureau of
criminal identification and investigation, and if
the victim
suffered serious physical harm as
a result of the
commission of
the offense,
assault is a felony of
the fourth
degree, and the
court, pursuant to division
(F) of
section 2929.13
of the Revised
Code, shall
impose as a mandatory
prison term one
of the prison
terms prescribed for a
felony of the
fourth degree
that is at
least twelve months in duration.
(5) If the victim of the offense is an officer or employee
of
a public
children services agency or a private child placing
agency whom the offender knows or has reasonable cause to know is
an officer or employee of a public children services agency or
private child placing agency and the offense
relates to the
officer's or employee's
performance or anticipated performance
of
official
responsibilities or duties, assault is either a felony of
the
fifth degree
or, if the offender previously has been convicted
of
or pleaded guilty
to an offense of violence, the victim of that
prior offense was an officer or
employee of a public children
services agency or private child placing agency whom the offender
knew or had reasonable cause to know was an officer or employee of
a public children services agency or private child placing agency,
and that prior
offense related to the officer's or employee's
performance or
anticipated performance of official
responsibilities or duties, a
felony of
the fourth degree.
(6) If an offender who is convicted of or pleads guilty to
assault when it is a misdemeanor also is convicted of or pleads
guilty to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory jail term as provided in
division (G) of section 2929.24 of the Revised Code.
If an offender who is convicted of or pleads guilty to
assault when it is a felony also is convicted of or pleads guilty
to a specification as described in section 2941.1423 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, except as
otherwise provided in division (C)(4) of this section, the court
shall
sentence the offender to a mandatory prison term as
provided in
division (D)(8) of section 2929.14 of the Revised
Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in
section
3937.41
of the Revised Code.
(3)(2) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4)(3) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, a minimum security
jail established under
section 341.23 or 753.21 of
the Revised Code, or another county,
multicounty, municipal,
municipal-county, or multicounty-municipal
facility used for the
custody of persons arrested for any crime or
delinquent act,
persons charged with or convicted of any crime, or
persons
alleged to be or adjudicated a delinquent child.
(5)(4) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the
local correctional facility and who operates or assists in
the
operation of the facility.
(6)(5) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a
contract described in section 3319.08 of the Revised
Code in a position in
which the person is required to have a
certificate issued pursuant to sections
3319.22 to 3319.311 of the
Revised Code.
(b) A person who is employed by a nonpublic school for
which
the state board
of education prescribes minimum standards under
section 3301.07 of the Revised
Code and who is certificated in
accordance with section 3301.071 of the
Revised Code.
(7)(6) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(8)(7) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9)(8) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
(10)(9) "Investigator of the bureau of criminal
identification
and investigation" has the same meaning as in
section 2903.11 of
the Revised Code.
(10) "Judge" and "magistrate" have the same meanings as in
section 2903.01 of the Revised Code.
Sec. 2903.21. (A) No person shall knowingly cause another
to
believe that
the offender will cause serious physical harm to
the
person or property of
the other person, the other person's
unborn,
or a member of the other person's immediate family.
(B) Whoever violates this section is guilty of aggravated
menacing. Except as otherwise provided in this division,
aggravated menacing is a misdemeanor of the first degree. If the
victim of the offense is an a law enforcement officer, judge,
magistrate, or officer or employee of a public
children services
agency or a private child placing agency whom the offender knows
or has reasonable cause to know is a law enforcement officer,
judge, magistrate, or officer or employee of a public children
services agency or private child placing agency and the
offense
relates
to the law enforcement officer's, judge's, magistrate's,
officer's, or employee's performance or
anticipated performance
of
official responsibilities or duties,
aggravated menacing is a
felony of the
fifth degree
or, if the
offender previously has been
convicted of or pleaded guilty
to an
offense of violence, the
victim of that prior offense was an a law enforcement officer,
judge, magistrate, or
officer or
employee of a public children
services agency or
private child placing agency whom the offender
knew or had reasonable cause to know was a law enforcement
officer, judge, magistrate, or officer or employee of a public
children services agency or private child placing agency,
and that
prior
offense related to
the law enforcement officer's, judge's,
magistrate's, officer's, or employee's performance or
anticipated
performance
of official responsibilities or duties, a felony of
the fourth
degree.
(C) As used in this section, "judge" and "magistrate" have
the same meanings as in section 2903.01 of the Revised Code.
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the
Revised Code:
(A) "Public official" means any elected or appointed officer,
or employee, or agent of the state or any political subdivision,
whether in a temporary or permanent capacity, and includes, but is
not limited to, legislators, judges, and law enforcement officers.
(B) "Public servant" means any of the following:
(2) Any person performing ad hoc a governmental function,
including, but not limited to, a juror, member of a temporary
commission, master, arbitrator, advisor, or consultant;
(3) A person who is a candidate for public office, whether or
not the person is elected or appointed to the office for which the
person is a candidate. A person is a candidate for purposes of
this division if the person has been nominated according to law
for election or appointment to public office, or if the person has
filed a petition or petitions as required by law to have the
person's name placed on the ballot in a primary, general, or
special election, or if the person campaigns as a write-in
candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an elective
or appointive post in a political party in the United States or
this state, by virtue of which the person directs, conducts, or
participates in directing or conducting party affairs at any level
of responsibility.
(D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding.
(E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private
facility for custody of persons charged with or convicted of crime
in this state or another state or under the laws of the United
States or alleged or found to be a delinquent child or unruly
child in this state or another state or under the laws of the
United States; hospitalization, institutionalization, or
confinement in any public or private facility that is ordered
pursuant to or under the authority of section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for transportation to or from any
facility of any of those natures; detention for extradition or
deportation; except as provided in this division, supervision by
any employee of any facility of any of those natures that is
incidental to hospitalization, institutionalization, or
confinement in the facility but that occurs outside the facility;
supervision by an employee of the department of rehabilitation and
correction of a person on any type of release from a state
correctional institution; or confinement in any vehicle, airplane,
or place while being returned from outside of this state into this
state by a private person or entity pursuant to a contract entered
into under division (E) of section 311.29 of the Revised Code or
division (B) of section 5149.03 of the Revised Code. For a person
confined in a county jail who participates in a county jail
industry program pursuant to section 5147.30 of the Revised Code,
"detention" includes time spent at an assigned work site and going
to and from the work site.
(F) "Detention facility" means any public or private place
used for the confinement of a person charged with or convicted of
any crime in this state or another state or under the laws of the
United States or alleged or found to be a delinquent child or
unruly child in this state or another state or under the laws of
the United States.
(G) "Valuable thing or valuable benefit" includes, but is not
limited to, a contribution. This inclusion does not indicate or
imply that a contribution was not included in those terms before
September 17, 1986.
(H) "Campaign committee," "contribution," "political action
committee," "legislative campaign fund," "political party," and
"political contributing entity" have the same meanings as in
section 3517.01 of the Revised Code.
(I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code.
(J)(1) "Unborn of a public servant, party official, attorney,
or
witness" means any of the following:
(a) For purposes of section 2921.03 of the Revised Code, a
member of the
species homo sapiens who is or
was carried in the
womb of a
public servant, a party official, or
an attorney or
witness who was involved in a civil action or
proceeding, or who
is or was the offspring of a public servant, a party official, or
an attorney or witness who was involved in a civil action or
proceeding and is or was carried in the womb of another, during a
period that begins with
fertilization and
that continues unless
and until live birth
occurs.
(b) For purposes of section 2921.05 of the Revised Code, a
member of the species homo sapiens who is or was carried in the
womb of a public servant, a party official, or an attorney or
witness who was involved in civil or criminal action or
proceeding, or who is or was the offspring of a public servant, a
party official, or an attorney or witness who was involved in a
civil or criminal action or proceeding and is or was carried in
the womb of another, during a period that begins with
fertilization and that continues unless and until live birth
occurs.
(2) Notwithstanding divisions (J)(1)(a) and (b) of this
section, in no case shall the definition of the term "unborn of a
public servant, party official, attorney, or witness" that is set
forth in those divisions be applied or construed in any of the
following manners:
(a) Except as otherwise provided in division (J)(2)(a) of
this section, in a manner so that section 2921.03 or 2921.05 of
the Revised Code prohibits or is construed as prohibiting any
pregnant woman or her physician from performing an abortion with
the actual consent of the pregnant woman, with the consent of the
pregnant woman implied by law in a medical emergency, or with the
approval of a person otherwise authorized by law to consent to
medical treatment on behalf of the pregnant woman. An abortion
that is performed without the consent or approval described in the
immediately preceding sentence may be punished as a violation of
section 2921.03 or 2921.05 of the Revised Code, as applicable. An
abortion that is performed with the consent or approval described
in the second immediately preceding sentence, but that violates
section 2919.12, division (B) of section 2919.13, or section
2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished
as a violation of section 2919.12, division (B) of section
2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised
Code, as applicable.
(b) In a manner so that section 2921.03 or 2921.05 of the
Revised Code is applied or is construed as applying to a woman
based on an act or omission of the woman that occurs while she is
or was pregnant and that results in any act, occurrence, or
consequence identified in divisions (C)(2)(a) to (e) of section
2903.09 of the Revised Code.
Sec. 2921.03. (A) No person, knowingly
and by force, by
unlawful threat of
harm to any
person or property, by unlawful
threat of harm to an unborn of the public servant,
party
official, attorney, or witness involved in the action or
proceeding, or by filing, recording, or
otherwise
using a
materially false or fraudulent writing with
malicious purpose, in
bad faith, or in a
wanton or reckless
manner, shall attempt to
influence, intimidate,
or hinder a
public servant, a party
official, or an attorney or witness
involved in a civil action or
proceeding in the discharge of
the
person's the duties of the
public servant, party official,
attorney, or witness.
(B) Whoever violates this section is guilty of intimidation,
a felony of the
third degree.
(C) For purposes of division (A) of this section,
an
"unlawful threat" includes a threat that is made directly or
indirectly.
(D) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss
to person or property incurred as a result of the commission
of the offense
and for reasonable attorney's fees, court costs,
and other expenses incurred
as a result of prosecuting the civil
action commenced under this division. A
civil action under this
division is not the exclusive remedy of a person who
incurs
injury, death, or loss to person or property as a result of a
violation
of this section.
Sec. 2921.05. (A) No person, purposely
and by force or by
unlawful threat of harm
to
any person or property, shall
retaliate against because
a public servant,
a party official, or
an attorney or witness
who was involved in a
civil or criminal
action or proceeding
because the public servant,
party
official,
attorney, or witness discharged the duties of the
public servant,
party official, attorney, or witness, shall knowingly do any of
the following:
(1) Use force against or make an unlawful threat of harm to
any person or property;
(2) Use force against or make an unlawful threat to harm an
unborn of the public servant, party official, attorney, or
witness.
(B) No person,
purposely and by shall knowingly use force
against or by make an
unlawful threat of harm to any
person or
property, shall retaliate
against the because a
victim of a crime
because the victim filed or
prosecuted criminal
charges.
(C) For purposes of divisions (A)(1) and (2) of this section,
an "unlawful threat" includes a threat that is made directly or
indirectly.
(D) Whoever violates
this section is guilty of retaliation, a
felony of the third
degree.
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
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, or a judge or
magistrate, as defined in section 2903.01 of the Revised Code,
whom the
offender
had reasonable cause to know or knew to be a law
enforcement officer or a judge or magistrate 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 or a judge or
magistrate 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.
(10) The offense was committed while the offender was
committing,
attempting to commit, or fleeing immediately after
committing or
attempting to commit terrorism.
(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 2903.01, 2903.11, 2903.12,
2903.13, 2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 of the
Revised Code are hereby
repealed.
Section 3. Section 2921.03 of the Revised Code is presented
in
this act as a
composite of the section as amended by both Am.
Sub. H.B. 88 and
Sub. H.B. 644 of
the 121st General Assembly. The
General Assembly,
applying the
principle stated in division (B)
of section 1.52 of
the Revised
Code that amendments are to be
harmonized if
reasonably capable of
simultaneous operation, finds
that the
composites are the resulting
versions of the sections in
effect
prior to the effective date of
the sections as presented
in this
act.
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