Amendment No. am_136_0856

H. B. No. 372

As Introduced

__________________________ moved to amend as follows:

In line 1 of the title, delete "and"; after "2929.04" insert ", and 2941.14"

In line 6 of the title, after "officer," insert "corrections officer,"

In line 8, delete "and"; after "2929.04" insert ", and 2941.14"

In line 28, after "officer" insert ", corrections officer,"

In line 30, after "officer" insert ", corrections officer,"

In line 34, after "officer" insert ", corrections officer,"

After line 61, insert:

"(6) "Corrections officer" means a person employed by a detention facility as a corrections officer.

(7) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code."

In line 196, after "If" insert "one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(6) of section 2929.04 of the Revised Code and"

In line 197, after "officer," insert "corrections officer, or"; after "prosecutor," insert "or if one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(11) of section 2929.04 of the Revised Code and the victim of aggravated murder was a"; delete the third ","

In line 302, after "If" insert "one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(6) of section 2929.04 of the Revised Code and the"; after "officer," insert "corrections officer, or"

In line 303, after "prosecutor," insert "or if one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(11) of section 2929.04 of the Revised Code and the victim of aggravated murder was a"; delete the second ","

In line 366, after "If" insert "one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(6) of section 2929.04 of the Revised Code and"

In line 367, after "officer," insert "corrections officer, or"; after "prosecutor," insert "or if one of the specifications the offender is convicted of or pleads guilty to is the specification in division (A)(11) of section 2929.04 of the Revised Code and the victim of aggravated murder was a"; delete the third ","

In line 510, after "Code," insert "or a corrections officer, as defined in section 2903.01 of the Revised Code,"

In line 511, strike through "law enforcement" and insert "peace"; after "officer" insert ", corrections officer,or prosecutor"

In line 514, strike through "law enforcement" and insert "peace"; after "officer" insert ", corrections officer, or prosecutor"

After line 594, insert:

"Sec. 2941.14. (A) In an indictment for aggravated murder, murder, or voluntary or involuntary manslaughter, the manner in which, or the means by which the death was caused need not be set forth.

(B) Imposition of the death penalty for aggravated murder is precluded unless the indictment or count in the indictment charging the offense specifies one or more of the aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code. If more than one aggravating circumstance is specified to an indictment or count, each shall be in a separately numbered specification, and if an aggravating circumstance is specified to a count in an indictment containing more than one count, such specification shall be identified as to the count to which it applies.

(C) A specification to an indictment or count in an indictment charging aggravated murder shall be stated at the end of the body of the indictment or count, and may be in substantially the following form:

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand Jurors further find and specify that (set forth the applicable aggravating circumstance listed in divisions (A)(1) to (10)(11) of section 2929.04 of the Revised Code. The aggravating circumstance may be stated in the words of the subdivision in which it appears, or in words sufficient to give the accused notice of the same).""

In line 595, delete "and"

In line 596, after "2929.04" insert ", and 2941.14"

The motion was __________ agreed to.

SYNOPSIS

Corrections officer

R.C. 2903.01, 2903.03, and 2903.04

Modifies the class of victims for aggravated murder and for a specification of aggravating circumstances to include corrections officers.

Subject to certain exceptions, requires the court to impose the death penalty or life without the possibility of parole if the victim of aggravated murder is a corrections officer.

Corrective reference to peace officer and prosecutor

R.C. 2929.04

Changes an erroneous reference to "law enforcement officer" to "peace officer" and "prosecutor" in the bill's provisions relating to specifications for aggravating circumstances.

Cross reference

R.C. 2941.14

Changes an erroneous cross reference in R.C. 2941.14.