Bill Text: OH SB300 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide that there is no period of limitation for the prosecution of an offense of rape.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-09-09 - To Judiciary Criminal Justice [SB300 Detail]

Download: Ohio-2009-SB300-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 300

Senator Turner 

Cosponsors: Senators Cafaro, Miller, R., Strahorn 

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A BILL

To amend section 2901.13 of the Revised Code to

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provide that there is no period of limitation for

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the prosecution of an offense of rape.

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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	4
amended to read as follows:	5

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	6
or (3) of this section or as otherwise provided in this section, a	7
prosecution shall be barred unless it is commenced within the	8
following periods after an offense is committed:	9

(a) For a felony, six years;

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(b) For a misdemeanor other than a minor misdemeanor, two	11
years;	12

(c) For a minor misdemeanor, six months.

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(2) There is no period of limitation for the prosecution of a	14
violation of section 2903.01 or, 2903.02, or 2907.02 of the	15
Revised Code.	16

(3) Except as otherwise provided in divisions (B) to (H) of	17
this section, a prosecution of any of the following offenses shall	18
be barred unless it is commenced within twenty years after the	19
offense is committed:	20

(a) A violation of section 2903.03, 2903.04, 2905.01,	21
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	22
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	23
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	24
violation of section 2903.11 or 2903.12 of the Revised Code if the	25
victim is a peace officer, a violation of section 2903.13 of the	26
Revised Code that is a felony, or a violation of former section	27
2907.12 of the Revised Code;	28

(b) A conspiracy to commit, attempt to commit, or complicity	29
in committing a violation set forth in division (A)(3)(a) of this	30
section.	31

(B)(1) Except as otherwise provided in division (B)(2) of	32
this section, if the period of limitation provided in division	33
(A)(1) or (3) of this section has expired, prosecution shall be	34
commenced for an offense of which an element is fraud or breach of	35
a fiduciary duty, within one year after discovery of the offense	36
either by an aggrieved person, or by the aggrieved person's legal	37
representative who is not a party to the offense.	38

(2) If the period of limitation provided in division (A)(1)	39
or (3) of this section has expired, prosecution for a violation of	40
section 2913.49 of the Revised Code shall be commenced within five	41
years after discovery of the offense either by an aggrieved person	42
or the aggrieved person's legal representative who is not a party	43
to the offense.	44

(C)(1) If the period of limitation provided in division	45
(A)(1) or (3) of this section has expired, prosecution shall be	46
commenced for the following offenses during the following	47
specified periods of time:	48

(a) For an offense involving misconduct in office by a public	49
servant, at any time while the accused remains a public servant,	50
or within two years thereafter;	51

(b) For an offense by a person who is not a public servant	52
but whose offense is directly related to the misconduct in office	53
of a public servant, at any time while that public servant remains	54
a public servant, or within two years thereafter.	55

(2) As used in this division:

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(a) An "offense is directly related to the misconduct in	57
office of a public servant" includes, but is not limited to, a	58
violation of section 101.71, 101.91, 121.61 or 2921.13, division	59
(F) or (H) of section 102.03, division (A) of section 2921.02,	60
division (A) or (B) of section 2921.43, or division (F) or (G) of	61
section 3517.13 of the Revised Code, that is directly related to	62
an offense involving misconduct in office of a public servant.	63

(b) "Public servant" has the same meaning as in section	64
2921.01 of the Revised Code.	65

(D) An offense is committed when every element of the offense	66
occurs. In the case of an offense of which an element is a	67
continuing course of conduct, the period of limitation does not	68
begin to run until such course of conduct or the accused's	69
accountability for it terminates, whichever occurs first.	70

(E) A prosecution is commenced on the date an indictment is	71
returned or an information filed, or on the date a lawful arrest	72
without a warrant is made, or on the date a warrant, summons,	73
citation, or other process is issued, whichever occurs first. A	74
prosecution is not commenced by the return of an indictment or the	75
filing of an information unless reasonable diligence is exercised	76
to issue and execute process on the same. A prosecution is not	77
commenced upon issuance of a warrant, summons, citation, or other	78
process, unless reasonable diligence is exercised to execute the	79
same.	80

(F) The period of limitation shall not run during any time	81
when the corpus delicti remains undiscovered.	82

(G) The period of limitation shall not run during any time	83
when the accused purposely avoids prosecution. Proof that the	84
accused departed this state or concealed the accused's identity or	85
whereabouts is prima-facie evidence of the accused's purpose to	86
avoid prosecution.	87

(H) The period of limitation shall not run during any time a	88
prosecution against the accused based on the same conduct is	89
pending in this state, even though the indictment, information, or	90
process that commenced the prosecution is quashed or the	91
proceedings on the indictment, information, or process are set	92
aside or reversed on appeal.	93

(I) The period of limitation for a violation of any provision	94
of Title XXIX of the Revised Code that involves a physical or	95
mental wound, injury, disability, or condition of a nature that	96
reasonably indicates abuse or neglect of a child under eighteen	97
years of age or of a mentally retarded, developmentally disabled,	98
or physically impaired child under twenty-one years of age shall	99
not begin to run until either of the following occurs:	100

(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	102
county peace officer that is not the parent or guardian of the	103
child, in the county in which the child resides or in which the	104
abuse or neglect is occurring or has occurred has been notified	105
that abuse or neglect is known, suspected, or believed to have	106
occurred.	107

(J) As used in this section, "peace officer" has the same	108
meaning as in section 2935.01 of the Revised Code.	109

Section 2. That existing section 2901.13 of the Revised Code	110
is hereby repealed.	111

Section 3. Section 2901.13 of the Revised Code, as amended by	112
this act, applies to a violation of section 2907.02 of the Revised	113
Code committed on or after the effective date of this act and	114
applies to a violation of section 2907.02 of the Revised Code	115
committed prior to the effective date of this act if, on the	116
effective date of this act, prosecution for that violation was not	117
barred under section 2901.13 of the Revised Code as it existed on	118
the day prior to the effective date of this act.	119

Section 4. The General Assembly, applying the principle	120
stated in division (B) of section 1.52 of the Revised Code that	121
amendments are to be harmonized if reasonably capable of	122
simultaneous operation, finds that the following sections,	123
presented in this act as composites of the sections as amended by	124
the acts indicated, are the resulting versions of the sections in	125
effect prior to the effective date of the sections as presented in	126
this act:	127

Section 2901.13 of the Revised Code as amended by both Sub.	128
H.B. 46 and S.B. 219 of the 127th General Assembly.	129