Bill Text: OH SB324 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To extend the period of limitations for commencing a rape or sexual battery prosecution against a person who is implicated in the offense by DNA analysis.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-04-07 - To Criminal Justice [SB324 Detail]

Download: Ohio-2013-SB324-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 324

Senators Jones, Hughes 

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A BILL

To amend section 2901.13 of the Revised Code to

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extend the period of limitations for commencing a

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rape or sexual battery prosecution against a

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person who is implicated in the offense by DNA

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analysis.

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

Section 1.  That section 2901.13 of the Revised Code be	6
amended to read as follows:	7

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	8
or (3) of this section or as otherwise provided in this section, a	9
prosecution shall be barred unless it is commenced within the	10
following periods after an offense is committed:	11

(a) For a felony, six years;

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(b) For a misdemeanor other than a minor misdemeanor, two	13
years;	14

(c) For a minor misdemeanor, six months.

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(2) There is no period of limitation for the prosecution of a	16
violation of section 2903.01 or 2903.02 of the Revised Code.	17

(3) Except as otherwise provided in divisions (B) to (H) of	18
this section, a prosecution of any of the following offenses shall	19
be barred unless it is commenced within twenty years after the	20
offense is committed:	21

(a) A violation of section 2903.03, 2903.04, 2905.01,	22
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	23
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	24
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	25
Code, a violation of section 2903.11 or 2903.12 of the Revised	26
Code if the victim is a peace officer, a violation of section	27
2903.13 of the Revised Code that is a felony, or a violation of	28
former section 2907.12 of the Revised Code;	29

(b) A conspiracy to commit, attempt to commit, or complicity	30
in committing a violation set forth in division (A)(3)(a) of this	31
section.	32

(B)(1) Except as otherwise provided in division (B)(2) of	33
this section, if the period of limitation provided in division	34
(A)(1) or (3) of this section has expired, prosecution shall be	35
commenced for an offense of which an element is fraud or breach of	36
a fiduciary duty, within one year after discovery of the offense	37
either by an aggrieved person, or by the aggrieved person's legal	38
representative who is not a party to the offense.	39

(2) If the period of limitation provided in division (A)(1)	40
or (3) of this section has expired, prosecution for a violation of	41
section 2913.49 of the Revised Code shall be commenced within five	42
years after discovery of the offense either by an aggrieved person	43
or the aggrieved person's legal representative who is not a party	44
to the offense.	45

(3)(a) In a case in which DNA analysis implicates an	46
identified person in the commission of a violation of section	47
2907.02 or 2907.03 of the Revised Code, no statute of limitations	48
that otherwise would preclude prosecution of the offense shall	49
preclude prosecution of the offense until a period of time	50
following the implication of the person by DNA testing has elapsed	51
that is equal to the otherwise applicable limitation period.	52

(b) "DNA analysis" has the same meaning as in section 109.573	53
of the Revised Code.	54

(C)(1) If the period of limitation provided in division	55
(A)(1) or (3) of this section has expired, prosecution shall be	56
commenced for the following offenses during the following	57
specified periods of time:	58

(a) For an offense involving misconduct in office by a public	59
servant, at any time while the accused remains a public servant,	60
or within two years thereafter;	61

(b) For an offense by a person who is not a public servant	62
but whose offense is directly related to the misconduct in office	63
of a public servant, at any time while that public servant remains	64
a public servant, or within two years thereafter.	65

(2) As used in this division:

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(a) An "offense is directly related to the misconduct in	67
office of a public servant" includes, but is not limited to, a	68
violation of section 101.71, 101.91, 121.61 or 2921.13, division	69
(F) or (H) of section 102.03, division (A) of section 2921.02,	70
division (A) or (B) of section 2921.43, or division (F) or (G) of	71
section 3517.13 of the Revised Code, that is directly related to	72
an offense involving misconduct in office of a public servant.	73

(b) "Public servant" has the same meaning as in section	74
2921.01 of the Revised Code.	75

(D) An offense is committed when every element of the offense	76
occurs. In the case of an offense of which an element is a	77
continuing course of conduct, the period of limitation does not	78
begin to run until such course of conduct or the accused's	79
accountability for it terminates, whichever occurs first.	80

(E) A prosecution is commenced on the date an indictment is	81
returned or an information filed, or on the date a lawful arrest	82
without a warrant is made, or on the date a warrant, summons,	83
citation, or other process is issued, whichever occurs first. A	84
prosecution is not commenced by the return of an indictment or the	85
filing of an information unless reasonable diligence is exercised	86
to issue and execute process on the same. A prosecution is not	87
commenced upon issuance of a warrant, summons, citation, or other	88
process, unless reasonable diligence is exercised to execute the	89
same.	90

(F) The period of limitation shall not run during any time	91
when the corpus delicti remains undiscovered.	92

(G) The period of limitation shall not run during any time	93
when the accused purposely avoids prosecution. Proof that the	94
accused departed this state or concealed the accused's identity or	95
whereabouts is prima-facie evidence of the accused's purpose to	96
avoid prosecution.	97

(H) The period of limitation shall not run during any time a	98
prosecution against the accused based on the same conduct is	99
pending in this state, even though the indictment, information, or	100
process that commenced the prosecution is quashed or the	101
proceedings on the indictment, information, or process are set	102
aside or reversed on appeal.	103

(I) The period of limitation for a violation of any provision	104
of Title XXIX of the Revised Code that involves a physical or	105
mental wound, injury, disability, or condition of a nature that	106
reasonably indicates abuse or neglect of a child under eighteen	107
years of age or of a mentally retarded, developmentally disabled,	108
or physically impaired child under twenty-one years of age shall	109
not begin to run until either of the following occurs:	110

(1) The victim of the offense reaches the age of majority.

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(2) A public children services agency, or a municipal or	112
county peace officer that is not the parent or guardian of the	113
child, in the county in which the child resides or in which the	114
abuse or neglect is occurring or has occurred has been notified	115
that abuse or neglect is known, suspected, or believed to have	116
occurred.	117

(J) As used in this section, "peace officer" has the same	118
meaning as in section 2935.01 of the Revised Code.	119

Section 2.  That existing section 2901.13 of the Revised Code	120
is hereby repealed.	121