Bill Text: OH HB334 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To change the prison term for murder from an indefinite term of fifteen years to life to an indefinite term consisting of a minimum term of fifteen, sixteen, seventeen, eighteen, nineteen, or twenty years and a maximum term of life imprisonment.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2009-10-27 - To Criminal Justice [HB334 Detail]

Download: Ohio-2009-HB334-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 334

Representative Pryor 

Cosponsors: Representatives Domenick, Fende, Hagan, Murray, Williams, B., Yuko 

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A BILL

To amend section 2929.02 of the Revised Code to

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change the prison term for murder from an

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indefinite term of fifteen years to life to an

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indefinite term consisting of a minimum term of

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fifteen, sixteen, seventeen, eighteen, nineteen,

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or twenty years and a maximum term of life

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imprisonment.

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

Section 1. That section 2929.02 of the Revised Code be	8
amended to read as follows:	9

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	10
to aggravated murder in violation of section 2903.01 of the	11
Revised Code shall suffer death or be imprisoned for life, as	12
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	13
the Revised Code, except that no person who raises the matter of	14
age pursuant to section 2929.023 of the Revised Code and who is	15
not found to have been eighteen years of age or older at the time	16
of the commission of the offense shall suffer death. In addition,	17
the offender may be fined an amount fixed by the court, but not	18
more than twenty-five thousand dollars.	19

(B)(1) Except as otherwise provided in division (B)(2) or	20
(3) of this section, whoever is convicted of or pleads guilty to	21
murder in violation of section 2903.02 of the Revised Code shall	22
be imprisoned for an indefinite term consisting of a minimum term	23
of fifteen, sixteen, seventeen, eighteen, nineteen, or twenty	24
years toand a maximum term of life imprisonment.	25

(2) Except as otherwise provided in division (B)(3) of this	26
section, if a person is convicted of or pleads guilty to murder in	27
violation of section 2903.02 of the Revised Code, the victim of	28
the offense was less than thirteen years of age, and the offender	29
also is convicted of or pleads guilty to a sexual motivation	30
specification that was included in the indictment, count in the	31
indictment, or information charging the offense, the court shall	32
impose an indefinite prison term of thirty years to life pursuant	33
to division (B)(3) of section 2971.03 of the Revised Code.	34

(3) If a person is convicted of or pleads guilty to murder in	35
violation of section 2903.02 of the Revised Code and also is	36
convicted of or pleads guilty to a sexual motivation specification	37
and a sexually violent predator specification that were included	38
in the indictment, count in the indictment, or information that	39
charged the murder, the court shall impose upon the offender a	40
term of life imprisonment without parole that shall be served	41
pursuant to section 2971.03 of the Revised Code.	42

(4) In addition, the offender may be fined an amount fixed by	43
the court, but not more than fifteen thousand dollars.	44

(C) The court shall not impose a fine or fines for aggravated	45
murder or murder which, in the aggregate and to the extent not	46
suspended by the court, exceeds the amount which the offender is	47
or will be able to pay by the method and within the time allowed	48
without undue hardship to the offender or to the dependents of the	49
offender, or will prevent the offender from making reparation for	50
the victim's wrongful death.	51

(D)(1) In addition to any other sanctions imposed for a	52
violation of section 2903.01 or 2903.02 of the Revised Code, if	53
the offender used a motor vehicle as the means to commit the	54
violation, the court shall impose upon the offender a class two	55
suspension of the offender's driver's license, commercial driver's	56
license, temporary instruction permit, probationary license, or	57
nonresident operating privilege as specified in division (A)(2) of	58
section 4510.02 of the Revised Code.	59

(2) As used in division (D) of this section, "motor vehicle"	60
has the same meaning as in section 4501.01 of the Revised Code.	61

Section 2. That existing section 2929.02 of the Revised Code	62
is hereby repealed.	63