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OH HB89
Bill
Status
3/18/2009
Primary Sponsor
Kevin Bacon
Click for details
AI Summary
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Establishes that purposely killing a judge or magistrate whom the offender knows or has reasonable cause to know holds that position is aggravated murder when either the victim is engaged in duties or the offender's specific purpose is to kill a judge or magistrate.
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Increases penalties for felonious assault, aggravated assault, and assault when the victim is a law enforcement officer, judge, or magistrate whom the offender knows or has reasonable cause to know holds that position; changes BCII investigator protection requirements and removes separate penalties for peace officers.
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Expands assault penalties when committed in courthouse grounds during related proceedings and modifies penalties for aggravated menacing targeting law enforcement officers, judges, or magistrates.
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Expands intimidation and retaliation statutes to include unlawful threats of harm to the unborn of public servants, party officials, attorneys, or witnesses; modifies the culpable mental state for retaliation from purposeful to knowing.
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Makes killing a judge or magistrate an aggravating circumstance for imposing the death penalty in aggravated murder cases where the victim was engaged in official duties or the offender's specific purpose was to kill a judicial officer.
Legislative Description
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.
Criminal penalties for killing/assaulting/ threatening judges and public servants
Last Action
To Judiciary
3/18/2009