Bill Text: OH HB89 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2009-03-18 - To Judiciary [HB89 Detail]

Download: Ohio-2009-HB89-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 89

Representative Zehringer 

Cosponsors: Representatives Adams, R., Derickson, Hite, Huffman, Bacon, Stebelton, Combs, Stautberg, McGregor, Jordan, Daniels, Balderson, Blair 

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A BILL

To amend sections 2903.01, 2903.11, 2903.12, 2903.13,

1

2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 of

2

the Revised Code to provide that the purposeful

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killing of a judge or magistrate in specified

4

circumstances is aggravated murder; to increase

5

the penalty for felonious assault, aggravated

6

assault, and assault in specified circumstances

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when the victim is a judge, a magistrate, or a

8

law enforcement officer, to change the

9

circumstances in which the penalty for those

10

offenses is increased when the victim is a BCII

11

investigator, and to remove the increased penalty

12

for those offenses when the victim is a peace

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officer; to increase the penalty for assault when

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the offense is committed in a courthouse in

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specified circumstances and to change the

16

circumstances in which the penalty for that

17

offense is increased when the victim is a children

18

services worker; to increase the penalty for

19

aggravated menacing in specified circumstances

20

when the victim is a law enforcement officer,

21

judge, or magistrate and to change the

22

circumstances in which the penalty for that

23

offense is increased when the victim is a children

24

services worker; to expand intimidation to also

25

prohibit attempting to intimidate a public

26

servant, party official, attorney, or witness by

27

making an unlawful threat of harm to an unborn of

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that person; to expand retaliation to also

29

prohibit using force against or making an unlawful

30

threat to harm an unborn of a public servant,

31

party official, attorney, or witness and to modify

32

the culpable mental state for and other elements

33

of that offense; and to make the killing of a

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judge or magistrate in specified circumstances an

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aggravating circumstance for the imposition of

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the death penalty for aggravated murder.

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

Section 1. That sections 2903.01, 2903.11, 2903.12, 2903.13,	38
2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 of the Revised	39
Code be amended to read as follows:	40

Sec. 2903.01.  (A) No person shall purposely, and with prior	41
calculation and design, cause the death of another or the unlawful	42
termination of another's pregnancy.	43

(B) No person shall purposely cause the death of another or	44
the unlawful termination of another's pregnancy while committing	45
or attempting to commit, or while fleeing immediately after	46
committing or attempting to commit, kidnapping, rape, aggravated	47
arson, arson, aggravated robbery, robbery, aggravated burglary,	48
burglary, terrorism, or escape.	49

(C) No person shall purposely cause the death of another who	50
is under thirteen years of age at the time of the commission of	51
the offense.	52

(D) No person who is under detention as a result of having	53
been found guilty of or having pleaded guilty to a felony or who	54
breaks that detention shall purposely cause the death of another.	55

(E) No person shall purposely cause the death of a judge,	56
magistrate, or law enforcement officer whom the offender knows or	57
has reasonable cause to know is a judge, magistrate, or law	58
enforcement officer when either of the following applies:	59

(1) The victim, at the time of the commission of the offense,	60
is engaged in the victim's duties.	61

(2) It is the offender's specific purpose to kill a judge,	62
magistrate, or law enforcement officer.	63

(F) Whoever violates this section is guilty of aggravated	64
murder, and shall be punished as provided in section 2929.02 of	65
the Revised Code.	66

(G) As used in this section:

67

(1) "Detention" has the same meaning as in section 2921.01 of	68
the Revised Code.	69

(2) "Law enforcement officer" has the same meaning as in	70
section 2911.01 of the Revised Code.	71

(3) "Judge" means a judge of a court created under the	72
constitution or statutes of this state or of a United States court	73
located in this state.	74

(4) "Magistrate" means a magistrate of a court created under	75
the constitution or statutes of this state or of a United States	76
court located in this state.	77

Sec. 2903.11.  (A) No person shall knowingly do either of the	78
following:	79

(1) Cause serious physical harm to another or to another's	80
unborn;	81

(2) Cause or attempt to cause physical harm to another or to	82
another's unborn by means of a deadly weapon or dangerous	83
ordnance.	84

(B) No person, with knowledge that the person has tested	85
positive as a carrier of a virus that causes acquired	86
immunodeficiency syndrome, shall knowingly do any of the	87
following:	88

(1) Engage in sexual conduct with another person without	89
disclosing that knowledge to the other person prior to engaging in	90
the sexual conduct;	91

(2) Engage in sexual conduct with a person whom the offender	92
knows or has reasonable cause to believe lacks the mental capacity	93
to appreciate the significance of the knowledge that the offender	94
has tested positive as a carrier of a virus that causes acquired	95
immunodeficiency syndrome;	96

(3) Engage in sexual conduct with a person under eighteen	97
years of age who is not the spouse of the offender.	98

(C) The prosecution of a person under this section does not	99
preclude prosecution of that person under section 2907.02 of the	100
Revised Code.	101

(D)(1)(a) Whoever violates this section is guilty of	102
felonious assault. Except as otherwise provided in this division	103
or division (D)(1)(b) of this section, felonious assault is a	104
felony of the second degree. If the victim of a violation of	105
division (A) of this section is a peacelaw enforcement officer,	106
judge, magistrate, or an investigator of the bureau of criminal	107
identification and investigation whom the offender knows or has	108
reasonable cause to know is a law enforcement officer, judge,	109
magistrate, or investigator of the bureau of criminal	110
identification and investigation, felonious assault is a felony of	111
the first degree.	112

(b) Regardless of whether the felonious assault is a felony	113
of the first or second degree under division (D)(1)(a) of this	114
section, if the offender also is convicted of or pleads guilty to	115
a specification as described in section 2941.1423 of the Revised	116
Code that was included in the indictment, count in the	117
indictment, or information charging the offense, except as	118
otherwise provided in this division or unless a longer prison term	119
is required under any other provision of law, the court shall	120
sentence the offender to a mandatory prison term as provided in	121
division (D)(8) of section 2929.14 of the Revised Code. If the	122
victim of the offense is a peacelaw enforcement officer, judge,	123
magistrate, or an investigator of the bureau of criminal	124
identification and investigation whom the offender knows or has	125
reasonable cause to know is a law enforcement officer, judge,	126
magistrate, or investigator of the bureau of criminal	127
identification and investigation, and if the victim suffered	128
serious physical harm as a result of the commission of the	129
offense, felonious assault is a felony of the first degree, and	130
the court, pursuant to division (F) of section 2929.13 of the	131
Revised Code, shall impose as a mandatory prison term one of the	132
prison terms prescribed for a felony of the first degree.	133

(2) In addition to any other sanctions imposed pursuant to	134
division (D)(1) of this section for felonious assault committed in	135
violation of division (A)(2) of this section, if the deadly weapon	136
used in the commission of the violation is a motor vehicle, the	137
court shall impose upon the offender a class two suspension of the	138
offender's driver's license, commercial driver's license,	139
temporary instruction permit, probationary license, or nonresident	140
operating privilege as specified in division (A)(2) of section	141
4510.02 of the Revised Code.	142

(E) As used in this section:

143

(1) "Deadly weapon" and "dangerous ordnance" have the same	144
meanings as in section 2923.11 of the Revised Code.	145

(2) "Motor vehicle" has the same meaning as in section	146
4501.01 of the Revised Code.	147

(3) "Peace officer" has the same meaning as in section	148
2935.01 of the Revised Code.	149

(4) "Sexual conduct" has the same meaning as in section	150
2907.01 of the Revised Code, except that, as used in this section,	151
it does not include the insertion of an instrument, apparatus, or	152
other object that is not a part of the body into the vaginal or	153
anal opening of another, unless the offender knew at the time of	154
the insertion that the instrument, apparatus, or other object	155
carried the offender's bodily fluid.	156

(5)(4) "Investigator of the bureau of criminal identification	157
and investigation" means an investigator of the bureau of criminal	158
identification and investigation who is commissioned by the	159
superintendent of the bureau as a special agent for the purpose of	160
assisting law enforcement officers or providing emergency	161
assistance to peace officers pursuant to authority granted under	162
section 109.541 of the Revised Code.	163

(6)(5) "Investigator" has the same meaning as in section	164
109.541 of the Revised Code.	165

(6) "Judge" and "magistrate" have the same meanings as in	166
section 2903.01 of the Revised Code.	167

Sec. 2903.12.  (A) No person, while under the influence of	168
sudden passion or in a sudden fit of rage, either of which is	169
brought on by serious provocation occasioned by the victim that is	170
reasonably sufficient to incite the person into using deadly	171
force, shall knowingly:	172

(1) Cause serious physical harm to another or to another's	173
unborn;	174

(2) Cause or attempt to cause physical harm to another or to	175
another's unborn by means of a deadly weapon or dangerous	176
ordnance, as defined in section 2923.11 of the Revised Code.	177

(B) Whoever violates this section is guilty of aggravated	178
assault. Except as otherwise provided in this division,	179
aggravated assault is a felony of the fourth degree. If the victim	180
of the offense is a peacelaw enforcement officer, judge,	181
magistrate, or an investigator of the bureau of criminal	182
identification and investigation whom the offender knows or has	183
reasonable cause to know is a law enforcement officer, judge,	184
magistrate, or investigator of the bureau of criminal	185
identification and investigation, aggravated assault is a felony	186
of the third degree. Regardless of whether the offense is a	187
felony of the third or fourth degree under this division, if the	188
offender also is convicted of or pleads guilty to a specification	189
as described in section 2941.1423 of the Revised Code that was	190
included in the indictment, count in the indictment, or	191
information charging the offense, except as otherwise provided in	192
this division, the court shall sentence the offender to a	193
mandatory prison term as provided in division (D)(8) of section	194
2929.14 of the Revised Code. If the victim of the offense is a	195
peacelaw enforcement officer, judge, magistrate, or an	196
investigator of the bureau of criminal identification and	197
investigation whom the offender knows or has reasonable cause to	198
know is a law enforcement officer, judge, magistrate, or	199
investigator of the bureau of criminal identification and	200
investigation, and if the victim suffered serious physical harm	201
as a result of the commission of the offense, aggravated assault	202
is a felony of the third degree, and the court, pursuant to	203
division (F) of section 2929.13 of the Revised Code, shall impose	204
as a mandatory prison term one of the prison terms prescribed for	205
a felony of the third degree.	206

(C) As used in this section:

207

(1) "Investigator of the bureau of criminal identification	208
and investigation" has the same meaning as in section 2903.11 of	209
the Revised Code.	210

(2) "Peace officer" has the same meaning as in section	211
2935.01 of the Revised Code"Judge" and "magistrate" have the same	212
meanings as in section 2903.01 of the Revised Code.	213

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	214
to cause physical harm to another or to another's unborn.	215

(B) No person shall recklessly cause serious physical harm to	216
another or to another's unborn.	217

(C) Whoever violates this section is guilty of assault, and	218
the court shall sentence the offender as provided in this division	219
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	220
Except as otherwise provided in division (C)(1), (2), (3), (4), or	221
(5) of this section, assault is a misdemeanor of the first degree.	222

(1) Except as otherwise provided in this division, if the	223
offense is committed by a caretaker against a functionally	224
impaired person under the caretaker's care, assault is a felony of	225
the fourth degree. If the offense is committed by a caretaker	226
against a functionally impaired person under the caretaker's care,	227
if the offender previously has been convicted of or pleaded guilty	228
to a violation of this section or section 2903.11 or 2903.16 of	229
the Revised Code, and if in relation to the previous conviction	230
the offender was a caretaker and the victim was a functionally	231
impaired person under the offender's care, assault is a felony of	232
the third degree.	233

(2) If the offense is committed in any of the following	234
circumstances, assault is a felony of the fifth degree:	235

(a) The offense occurs in or on the grounds of a state	236
correctional institution or an institution of the department of	237
youth services, the victim of the offense is an employee of the	238
department of rehabilitation and correction, the department of	239
youth services, or a probation department or is on the premises of	240
the particular institution for business purposes or as a visitor,	241
and the offense is committed by a person incarcerated in the state	242
correctional institution, by a person institutionalized in the	243
department of youth services institution pursuant to a commitment	244
to the department of youth services, by a parolee, by an offender	245
under transitional control, under a community control sanction, or	246
on an escorted visit, by a person under post-release control, or	247
by an offender under any other type of supervision by a government	248
agency.	249

(b) The offense occurs in or on the grounds of a local	250
correctional facility, the victim of the offense is an employee of	251
the local correctional facility or a probation department or is on	252
the premises of the facility for business purposes or as a	253
visitor, and the offense is committed by a person who is under	254
custody in the facility subsequent to the person's arrest for any	255
crime or delinquent act, subsequent to the person's being charged	256
with or convicted of any crime, or subsequent to the person's	257
being alleged to be or adjudicated a delinquent child.	258

(c) The offense occurs off the grounds of a state	259
correctional institution and off the grounds of an institution of	260
the department of youth services, the victim of the offense is an	261
employee of the department of rehabilitation and correction, the	262
department of youth services, or a probation department, the	263
offense occurs during the employee's official work hours and while	264
the employee is engaged in official work responsibilities, and the	265
offense is committed by a person incarcerated in a state	266
correctional institution or institutionalized in the department of	267
youth services who temporarily is outside of the institution for	268
any purpose, by a parolee, by an offender under transitional	269
control, under a community control sanction, or on an escorted	270
visit, by a person under post-release control, or by an offender	271
under any other type of supervision by a government agency.	272

(d) The offense occurs off the grounds of a local	273
correctional facility, the victim of the offense is an employee of	274
the local correctional facility or a probation department, the	275
offense occurs during the employee's official work hours and while	276
the employee is engaged in official work responsibilities, and the	277
offense is committed by a person who is under custody in the	278
facility subsequent to the person's arrest for any crime or	279
delinquent act, subsequent to the person being charged with or	280
convicted of any crime, or subsequent to the person being alleged	281
to be or adjudicated a delinquent child and who temporarily is	282
outside of the facility for any purpose or by a parolee, by an	283
offender under transitional control, under a community control	284
sanction, or on an escorted visit, by a person under post-release	285
control, or by an offender under any other type of supervision by	286
a government agency.	287

(e) The victim of the offense is a school teacher or	288
administrator or a school bus operator, and the offense occurs in	289
a school, on school premises, in a school building, on a school	290
bus, or while the victim is outside of school premises or a school	291
bus and is engaged in duties or official responsibilities	292
associated with the victim's employment or position as a school	293
teacher or administrator or a school bus operator, including, but	294
not limited to, driving, accompanying, or chaperoning students at	295
or on class or field trips, athletic events, or other school	296
extracurricular activities or functions outside of school	297
premises.	298

(f) The offense occurs in or on the grounds of a courthouse	299
or on premises where a courtroom is located, the offense is	300
committed by a person who is in or on those grounds or on those	301
premises by reason of or in relation to an action or proceeding	302
that is occurring, has occurred, or is scheduled to occur at the	303
courthouse or courtroom, and the offense occurs during the action	304
or proceeding or while the parties to the action or proceeding or	305
the officials involved in conducting the action or proceeding are	306
on their way to or are departing after the action or proceeding.	307

(3) If the victim of the offense is a peacelaw enforcement	308
officer, judge, magistrate, or an investigator of the bureau of	309
criminal identification and investigation whom the offender	310
knows or has reasonable cause to know is a law enforcement	311
officer, judge, magistrate, or investigator of the bureau of	312
criminal identification and investigation, a firefighter, or a	313
person performing emergency medical service, while in the	314
performance of their official duties, assault is a felony of the	315
fourth degree.	316

(4) If the victim of the offense is a peacelaw enforcement	317
officer, judge, magistrate, or an investigator of the bureau of	318
criminal identification and investigation whom the offender	319
knows or has reasonable cause to know is a law enforcement	320
officer, judge, magistrate, or investigator of the bureau of	321
criminal identification and investigation, and if the victim	322
suffered serious physical harm as a result of the commission of	323
the offense, assault is a felony of the fourth degree, and the	324
court, pursuant to division (F) of section 2929.13 of the Revised	325
Code, shall impose as a mandatory prison term one of the prison	326
terms prescribed for a felony of the fourth degree that is at	327
least twelve months in duration.	328

(5) If the victim of the offense is an officer or employee of	329
a public children services agency or a private child placing	330
agency whom the offender knows or has reasonable cause to know is	331
an officer or employee of a public children services agency or	332
private child placing agency and the offense relates to the	333
officer's or employee's performance or anticipated performance of	334
official responsibilities or duties, assault is either a felony of	335
the fifth degree or, if the offender previously has been convicted	336
of or pleaded guilty to an offense of violence, the victim of that	337
prior offense was an officer or employee of a public children	338
services agency or private child placing agency whom the offender	339
knew or had reasonable cause to know was an officer or employee of	340
a public children services agency or private child placing agency,	341
and that prior offense related to the officer's or employee's	342
performance or anticipated performance of official	343
responsibilities or duties, a felony of the fourth degree.	344

(6) If an offender who is convicted of or pleads guilty to	345
assault when it is a misdemeanor also is convicted of or pleads	346
guilty to a specification as described in section 2941.1423 of the	347
Revised Code that was included in the indictment, count in the	348
indictment, or information charging the offense, the court shall	349
sentence the offender to a mandatory jail term as provided in	350
division (G) of section 2929.24 of the Revised Code.	351

If an offender who is convicted of or pleads guilty to	352
assault when it is a felony also is convicted of or pleads guilty	353
to a specification as described in section 2941.1423 of the	354
Revised Code that was included in the indictment, count in the	355
indictment, or information charging the offense, except as	356
otherwise provided in division (C)(4) of this section, the court	357
shall sentence the offender to a mandatory prison term as	358
provided in division (D)(8) of section 2929.14 of the Revised	359
Code.	360

(D) As used in this section:

361

(1) "Peace officer" has the same meaning as in section	362
2935.01 of the Revised Code.	363

(2) "Firefighter" has the same meaning as in section 3937.41	364
of the Revised Code.	365

(3)(2) "Emergency medical service" has the same meaning as in	366
section 4765.01 of the Revised Code.	367

(4)(3) "Local correctional facility" means a county,	368
multicounty, municipal, municipal-county, or multicounty-municipal	369
jail or workhouse, a minimum security jail established under	370
section 341.23 or 753.21 of the Revised Code, or another county,	371
multicounty, municipal, municipal-county, or multicounty-municipal	372
facility used for the custody of persons arrested for any crime or	373
delinquent act, persons charged with or convicted of any crime, or	374
persons alleged to be or adjudicated a delinquent child.	375

(5)(4) "Employee of a local correctional facility" means a	376
person who is an employee of the political subdivision or of one	377
or more of the affiliated political subdivisions that operates the	378
local correctional facility and who operates or assists in the	379
operation of the facility.	380

(6)(5) "School teacher or administrator" means either of the	381
following:	382

(a) A person who is employed in the public schools of the	383
state under a contract described in section 3319.08 of the Revised	384
Code in a position in which the person is required to have a	385
certificate issued pursuant to sections 3319.22 to 3319.311 of the	386
Revised Code.	387

(b) A person who is employed by a nonpublic school for which	388
the state board of education prescribes minimum standards under	389
section 3301.07 of the Revised Code and who is certificated in	390
accordance with section 3301.071 of the Revised Code.	391

(7)(6) "Community control sanction" has the same meaning as	392
in section 2929.01 of the Revised Code.	393

(8)(7) "Escorted visit" means an escorted visit granted under	394
section 2967.27 of the Revised Code.	395

(9)(8) "Post-release control" and "transitional control" have	396
the same meanings as in section 2967.01 of the Revised Code.	397

(10)(9) "Investigator of the bureau of criminal	398
identification and investigation" has the same meaning as in	399
section 2903.11 of the Revised Code.	400

(10) "Judge" and "magistrate" have the same meanings as in	401
section 2903.01 of the Revised Code.	402

Sec. 2903.21.  (A) No person shall knowingly cause another to	403
believe that the offender will cause serious physical harm to the	404
person or property of the other person, the other person's unborn,	405
or a member of the other person's immediate family.	406

(B) Whoever violates this section is guilty of aggravated	407
menacing. Except as otherwise provided in this division,	408
aggravated menacing is a misdemeanor of the first degree. If the	409
victim of the offense is ana law enforcement officer, judge,	410
magistrate, or officer or employee of a public children services	411
agency or a private child placing agency whom the offender knows	412
or has reasonable cause to know is a law enforcement officer,	413
judge, magistrate, or officer or employee of a public children	414
services agency or private child placing agency and the offense	415
relates to the law enforcement officer's, judge's, magistrate's,	416
officer's, or employee's performance or anticipated performance of	417
official responsibilities or duties, aggravated menacing is a	418
felony of the fifth degree or, if the offender previously has been	419
convicted of or pleaded guilty to an offense of violence, the	420
victim of that prior offense was ana law enforcement officer,	421
judge, magistrate, or officer or employee of a public children	422
services agency or private child placing agency whom the offender	423
knew or had reasonable cause to know was a law enforcement	424
officer, judge, magistrate, or officer or employee of a public	425
children services agency or private child placing agency, and that	426
prior offense related to the law enforcement officer's, judge's,	427
magistrate's, officer's, or employee's performance or anticipated	428
performance of official responsibilities or duties, a felony of	429
the fourth degree.	430

(C) As used in this section, "judge" and "magistrate" have	431
the same meanings as in section 2903.01 of the Revised Code.	432

Sec. 2921.01.  As used in sections 2921.01 to 2921.45 of the	433
Revised Code:	434

(A) "Public official" means any elected or appointed officer,	435
or employee, or agent of the state or any political subdivision,	436
whether in a temporary or permanent capacity, and includes, but is	437
not limited to, legislators, judges, and law enforcement officers.	438

(B) "Public servant" means any of the following:

439

(1) Any public official;

440

(2) Any person performing ad hoc a governmental function,	441
including, but not limited to, a juror, member of a temporary	442
commission, master, arbitrator, advisor, or consultant;	443

(3) A person who is a candidate for public office, whether or	444
not the person is elected or appointed to the office for which the	445
person is a candidate. A person is a candidate for purposes of	446
this division if the person has been nominated according to law	447
for election or appointment to public office, or if the person has	448
filed a petition or petitions as required by law to have the	449
person's name placed on the ballot in a primary, general, or	450
special election, or if the person campaigns as a write-in	451
candidate in any primary, general, or special election.	452

(C) "Party official" means any person who holds an elective	453
or appointive post in a political party in the United States or	454
this state, by virtue of which the person directs, conducts, or	455
participates in directing or conducting party affairs at any level	456
of responsibility.	457

(D) "Official proceeding" means any proceeding before a	458
legislative, judicial, administrative, or other governmental	459
agency or official authorized to take evidence under oath, and	460
includes any proceeding before a referee, hearing examiner,	461
commissioner, notary, or other person taking testimony or a	462
deposition in connection with an official proceeding.	463

(E) "Detention" means arrest; confinement in any vehicle	464
subsequent to an arrest; confinement in any public or private	465
facility for custody of persons charged with or convicted of crime	466
in this state or another state or under the laws of the United	467
States or alleged or found to be a delinquent child or unruly	468
child in this state or another state or under the laws of the	469
United States; hospitalization, institutionalization, or	470
confinement in any public or private facility that is ordered	471
pursuant to or under the authority of section 2945.37, 2945.371,	472
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	473
Code; confinement in any vehicle for transportation to or from any	474
facility of any of those natures; detention for extradition or	475
deportation; except as provided in this division, supervision by	476
any employee of any facility of any of those natures that is	477
incidental to hospitalization, institutionalization, or	478
confinement in the facility but that occurs outside the facility;	479
supervision by an employee of the department of rehabilitation and	480
correction of a person on any type of release from a state	481
correctional institution; or confinement in any vehicle, airplane,	482
or place while being returned from outside of this state into this	483
state by a private person or entity pursuant to a contract entered	484
into under division (E) of section 311.29 of the Revised Code or	485
division (B) of section 5149.03 of the Revised Code. For a person	486
confined in a county jail who participates in a county jail	487
industry program pursuant to section 5147.30 of the Revised Code,	488
"detention" includes time spent at an assigned work site and going	489
to and from the work site.	490

(F) "Detention facility" means any public or private place	491
used for the confinement of a person charged with or convicted of	492
any crime in this state or another state or under the laws of the	493
United States or alleged or found to be a delinquent child or	494
unruly child in this state or another state or under the laws of	495
the United States.	496

(G) "Valuable thing or valuable benefit" includes, but is not	497
limited to, a contribution. This inclusion does not indicate or	498
imply that a contribution was not included in those terms before	499
September 17, 1986.	500

(H) "Campaign committee," "contribution," "political action	501
committee," "legislative campaign fund," "political party," and	502
"political contributing entity" have the same meanings as in	503
section 3517.01 of the Revised Code.	504

(I) "Provider agreement" and "medical assistance program"	505
have the same meanings as in section 2913.40 of the Revised Code.	506

(J)(1) "Unborn of a public servant, party official, attorney,	507
or witness" means any of the following:	508

(a) For purposes of section 2921.03 of the Revised Code, a	509
member of the species homo sapiens who is or was carried in the	510
womb of a public servant, a party official, or an attorney or	511
witness who was involved in a civil action or proceeding, or who	512
is or was the offspring of a public servant, a party official, or	513
an attorney or witness who was involved in a civil action or	514
proceeding and is or was carried in the womb of another, during a	515
period that begins with fertilization and that continues unless	516
and until live birth occurs.	517

(b) For purposes of section 2921.05 of the Revised Code, a	518
member of the species homo sapiens who is or was carried in the	519
womb of a public servant, a party official, or an attorney or	520
witness who was involved in civil or criminal action or	521
proceeding, or who is or was the offspring of a public servant, a	522
party official, or an attorney or witness who was involved in a	523
civil or criminal action or proceeding and is or was carried in	524
the womb of another, during a period that begins with	525
fertilization and that continues unless and until live birth	526
occurs.	527

(2) Notwithstanding divisions (J)(1)(a) and (b) of this	528
section, in no case shall the definition of the term "unborn of a	529
public servant, party official, attorney, or witness" that is set	530
forth in those divisions be applied or construed in any of the	531
following manners:	532

(a) Except as otherwise provided in division (J)(2)(a) of	533
this section, in a manner so that section 2921.03 or 2921.05 of	534
the Revised Code prohibits or is construed as prohibiting any	535
pregnant woman or her physician from performing an abortion with	536
the actual consent of the pregnant woman, with the consent of the	537
pregnant woman implied by law in a medical emergency, or with the	538
approval of a person otherwise authorized by law to consent to	539
medical treatment on behalf of the pregnant woman. An abortion	540
that is performed without the consent or approval described in the	541
immediately preceding sentence may be punished as a violation of	542
section 2921.03 or 2921.05 of the Revised Code, as applicable. An	543
abortion that is performed with the consent or approval described	544
in the second immediately preceding sentence, but that violates	545
section 2919.12, division (B) of section 2919.13, or section	546
2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished	547
as a violation of section 2919.12, division (B) of section	548
2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised	549
Code, as applicable.	550

(b) In a manner so that section 2921.03 or 2921.05 of the	551
Revised Code is applied or is construed as applying to a woman	552
based on an act or omission of the woman that occurs while she is	553
or was pregnant and that results in any act, occurrence, or	554
consequence identified in divisions (C)(2)(a) to (e) of section	555
2903.09 of the Revised Code.	556

Sec. 2921.03.  (A) No person, knowingly and by force, by	557
unlawful threat of harm to any person or property, by unlawful	558
threat of harm to an unborn of the public servant, party	559
official, attorney, or witness involved in the action or	560
proceeding, or by filing, recording, or otherwise using a	561
materially false or fraudulent writing with malicious purpose, in	562
bad faith, or in a wanton or reckless manner, shall attempt to	563
influence, intimidate, or hinder a public servant, a party	564
official, or an attorney or witness involved in a civil action or	565
proceeding in the discharge of the person's the duties of the	566
public servant, party official, attorney, or witness.	567

(B) Whoever violates this section is guilty of intimidation,	568
a felony of the third degree.	569

(C) For purposes of division (A) of this section, an	570
"unlawful threat" includes a threat that is made directly or	571
indirectly.	572

(D) A person who violates this section is liable in a civil	573
action to any person harmed by the violation for injury, death, or	574
loss to person or property incurred as a result of the commission	575
of the offense and for reasonable attorney's fees, court costs,	576
and other expenses incurred as a result of prosecuting the civil	577
action commenced under this division. A civil action under this	578
division is not the exclusive remedy of a person who incurs	579
injury, death, or loss to person or property as a result of a	580
violation of this section.	581

Sec. 2921.05.  (A) No person, purposely and by force or by	582
unlawful threat of harm to any person or property,shall	583
retaliate againstbecause a public servant, a party official, or	584
an attorney or witness who was involved in a civil or criminal	585
action or proceeding because the public servant, party official,	586
attorney, or witness discharged the duties of the public servant,	587
party official, attorney, or witness, shall knowingly do any of	588
the following:	589

(1) Use force against or make an unlawful threat of harm to	590
any person or property;	591

(2) Use force against or make an unlawful threat to harm an	592
unborn of the public servant, party official, attorney, or	593
witness.	594

(B) No person, purposely and byshall knowingly use force	595
against or bymake an unlawful threat of harm to any person or	596
property, shall retaliate against thebecause a victim of a crime	597
because the victim filed or prosecuted criminal charges.	598

(C) For purposes of divisions (A)(1) and (2) of this section,	599
an "unlawful threat" includes a threat that is made directly or	600
indirectly.	601

(D) Whoever violates this section is guilty of retaliation, a	602
felony of the third degree.	603

Sec. 2929.04.  (A) Imposition of the death penalty for	604
aggravated murder is precluded unless one or more of the following	605
is specified in the indictment or count in the indictment pursuant	606
to section 2941.14 of the Revised Code and proved beyond a	607
reasonable doubt:	608

(1) The offense was the assassination of the president of the	609
United States or a person in line of succession to the presidency,	610
the governor or lieutenant governor of this state, the	611
president-elect or vice president-elect of the United States, the	612
governor-elect or lieutenant governor-elect of this state, or a	613
candidate for any of the offices described in this division. For	614
purposes of this division, a person is a candidate if the person	615
has been nominated for election according to law, if the person	616
has filed a petition or petitions according to law to have the	617
person's name placed on the ballot in a primary or general	618
election, or if the person campaigns as a write-in candidate in a	619
primary or general election.	620

(2) The offense was committed for hire.

621

(3) The offense was committed for the purpose of escaping	622
detection, apprehension, trial, or punishment for another offense	623
committed by the offender.	624

(4) The offense was committed while the offender was under	625
detention or while the offender was at large after having broken	626
detention. As used in division (A)(4) of this section, "detention"	627
has the same meaning as in section 2921.01 of the Revised Code,	628
except that detention does not include hospitalization,	629
institutionalization, or confinement in a mental health facility	630
or mental retardation and developmentally disabled facility unless	631
at the time of the commission of the offense either of the	632
following circumstances apply:	633

(a) The offender was in the facility as a result of being	634
charged with a violation of a section of the Revised Code.	635

(b) The offender was under detention as a result of being	636
convicted of or pleading guilty to a violation of a section of the	637
Revised Code.	638

(5) Prior to the offense at bar, the offender was convicted	639
of an offense an essential element of which was the purposeful	640
killing of or attempt to kill another, or the offense at bar was	641
part of a course of conduct involving the purposeful killing of or	642
attempt to kill two or more persons by the offender.	643

(6) The victim of the offense was a law enforcement officer,	644
as defined in section 2911.01 of the Revised Code, or a judge or	645
magistrate, as defined in section 2903.01 of the Revised Code,	646
whom the offender had reasonable cause to know or knew to be a law	647
enforcement officer or a judge or magistrate as so defined, and	648
either the victim, at the time of the commission of the offense,	649
was engaged in the victim's duties, or it was the offender's	650
specific purpose to kill a law enforcement officer or a judge or	651
magistrate as so defined.	652

(7) The offense was committed while the offender was	653
committing, attempting to commit, or fleeing immediately after	654
committing or attempting to commit kidnapping, rape, aggravated	655
arson, aggravated robbery, or aggravated burglary, and either the	656
offender was the principal offender in the commission of the	657
aggravated murder or, if not the principal offender, committed the	658
aggravated murder with prior calculation and design.	659

(8) The victim of the aggravated murder was a witness to an	660
offense who was purposely killed to prevent the victim's testimony	661
in any criminal proceeding and the aggravated murder was not	662
committed during the commission, attempted commission, or flight	663
immediately after the commission or attempted commission of the	664
offense to which the victim was a witness, or the victim of the	665
aggravated murder was a witness to an offense and was purposely	666
killed in retaliation for the victim's testimony in any criminal	667
proceeding.	668

(9) The offender, in the commission of the offense,	669
purposefully caused the death of another who was under thirteen	670
years of age at the time of the commission of the offense, and	671
either the offender was the principal offender in the commission	672
of the offense or, if not the principal offender, committed the	673
offense with prior calculation and design.	674

(10) The offense was committed while the offender was	675
committing, attempting to commit, or fleeing immediately after	676
committing or attempting to commit terrorism.	677

(B) If one or more of the aggravating circumstances listed in	678
division (A) of this section is specified in the indictment or	679
count in the indictment and proved beyond a reasonable doubt, and	680
if the offender did not raise the matter of age pursuant to	681
section 2929.023 of the Revised Code or if the offender, after	682
raising the matter of age, was found at trial to have been	683
eighteen years of age or older at the time of the commission of	684
the offense, the court, trial jury, or panel of three judges shall	685
consider, and weigh against the aggravating circumstances proved	686
beyond a reasonable doubt, the nature and circumstances of the	687
offense, the history, character, and background of the offender,	688
and all of the following factors:	689

(1) Whether the victim of the offense induced or facilitated	690
it;	691

(2) Whether it is unlikely that the offense would have been	692
committed, but for the fact that the offender was under duress,	693
coercion, or strong provocation;	694

(3) Whether, at the time of committing the offense, the	695
offender, because of a mental disease or defect, lacked	696
substantial capacity to appreciate the criminality of the	697
offender's conduct or to conform the offender's conduct to the	698
requirements of the law;	699

(4) The youth of the offender;

700

(5) The offender's lack of a significant history of prior	701
criminal convictions and delinquency adjudications;	702

(6) If the offender was a participant in the offense but not	703
the principal offender, the degree of the offender's participation	704
in the offense and the degree of the offender's participation in	705
the acts that led to the death of the victim;	706

(7) Any other factors that are relevant to the issue of	707
whether the offender should be sentenced to death.	708

(C) The defendant shall be given great latitude in the	709
presentation of evidence of the factors listed in division (B) of	710
this section and of any other factors in mitigation of the	711
imposition of the sentence of death.	712

The existence of any of the mitigating factors listed in	713
division (B) of this section does not preclude the imposition of a	714
sentence of death on the offender but shall be weighed pursuant to	715
divisions (D)(2) and (3) of section 2929.03 of the Revised Code by	716
the trial court, trial jury, or the panel of three judges against	717
the aggravating circumstances the offender was found guilty of	718
committing.	719

Section 2.  That existing sections 2903.01, 2903.11, 2903.12,	720
2903.13, 2903.21, 2921.01, 2921.03, 2921.05, and 2929.04 of the	721
Revised Code are hereby repealed.	722

Section 3. Section 2921.03 of the Revised Code is presented	723
in this act as a composite of the section as amended by both Am.	724
Sub. H.B. 88 and Sub. H.B. 644 of the 121st General Assembly. The	725
General Assembly, applying the principle stated in division (B)	726
of section 1.52 of the Revised Code that amendments are to be	727
harmonized if reasonably capable of simultaneous operation, finds	728
that the composites are the resulting versions of the sections in	729
effect prior to the effective date of the sections as presented	730
in this act.	731