R.C. § 2929.025 Sentencing For Aggravated Murder When Offender Had Serious Mental Illness At Time of Offense

• Library: Ohio Statutes
• Edition: 2023
• Currency: Current with legislation from 2023 effective through December 7, 2023.
• Year: 2023
• Citation: R.C. § 2929.025

(A) As used in this section:

(1) A person has a "serious mental illness" if both of the following apply with respect to the person, subject to division (A)(2) of this section:

(a) The person has been diagnosed as described in division (B) of this section with one or more of the following conditions:

(i) Schizophrenia;

(ii) Schizoaffective disorder;

(iii) Bipolar disorder;

(iv) Delusional disorder.

(b) At the time of the alleged aggravated murder with which the person is charged, the condition or conditions described in division (A)(1)(a) of this section with which the person has been diagnosed, while not meeting the standard to be found not guilty by reason of insanity as defined in section 2901.01 of the Revised Code or the standard to be found incompetent to stand trial as described in division (G) of section 2945.37 of the Revised Code, nevertheless significantly impaired the person's capacity to exercise rational judgment in relation to the person's conduct with respect to either of the following:

(i) Conforming the person's conduct to the requirements of law;

(ii) Appreciating the nature, consequences, or wrongfulness of the person's conduct.

(2) A disorder manifested primarily by repeated criminal conduct or attributable primarily to the acute effects of any use of alcohol or any other drug of abuse does not, standing alone, constitute a "serious mental illness" for purposes of division (A)(1) of this section.

(3) "Examiner" means a person who makes an evaluation ordered under division (F)(1) of this section.

(4) "Prosecutor" means a prosecuting attorney who has authority to prosecute a charge of aggravated murder that is before the court.

(B) The diagnosis of a person with a condition or conditions described in division (A)(1)(a) of this section may be made at any time prior to, on, or after the day of the alleged aggravated murder with which the person is charged or the day on which the person pursuant to division (C) of this section raises the matter of the person's serious mental illness at the time of the alleged commission of that aggravated murder. Diagnosis of the condition or conditions after the date of the alleged aggravated murder with which the person is charged does not preclude the person from presenting evidence that the person had a serious mental illness at the time of the alleged commission of that offense.

(C) A person charged with aggravated murder and one or more specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code may, before trial, raise the matter of the person's serious mental illness at the time of the alleged commission of the offense. If a person raises the matter of the person's serious mental illness at the time of the alleged commission of the offense, the court shall order an evaluation of the person in accordance with division (F) of this section and shall hold a pretrial hearing on the matter. The person who raises the matter may present evidence, subject to division (D)(2) of this section, that the person had a serious mental illness at the time of the alleged commission of the offense, and the person has the burden of raising that matter and of going forward with the evidence relating to the diagnosis described in division (A)(1)(a) of this section and the impairment described in division (A)(1)(b) of this section.