Enact the Larry Henderson Act

As Passed by the House

136th
General Assembly

Regular
Session
Am. H. B. No. 372

2025-2026

Representatives Abrams, Plummer

Cosponsors: Representatives
Swearingen, Mathews, A., Barhorst, Bird, Brennan, Click, Craig,
Creech, Daniels, Deeter, Demetriou, Dovilla, Fischer, Ghanbari,
Gross, Hall, D., Hall, T., Hiner, Holmes, Hoops, John, Johnson,
Kishman, Lampton, LaRe, Lear, Manning, Mathews, T., McClain, Miller,
J., Miller, K., Miller, M., Odioso, Oelslager, Peterson, Ray,
Richardson, Ritter, Robb Blasdel, Roemer, Salvo, Santucci, Sigrist,
Stephens, Thomas, C., Thomas, D., Troy, White, A., Williams, Workman,
Young

To
amend sections 2903.01, 2929.03, 2929.04
,
and 2941.14

of
the Revised Code
to
enact the Larry Henderson Act to specify that the penalty for
aggravated murder for an adult offender is death or life without the
possibility of parole if the victim is a peace officer, corrections
officer, prosecutor, first responder, or military member.

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

Section
1.
That
sections 2903.01, 2929.03, 2929.04
,
and 2941.14

of
the Revised Code be amended to read as follows:

Sec.
2903.01.
(A)
No person shall purposely, and with prior calculation and design,
cause the death of another or the unlawful termination of another's
pregnancy.

(B)
No person shall purposely cause the death of another or the unlawful
termination of another's pregnancy while committing or attempting to
commit, or while fleeing immediately after committing or attempting
to commit, kidnapping, rape, aggravated arson, arson, aggravated
robbery, robbery, aggravated burglary, burglary, trespass in a
habitation when a person is present or likely to be present,
terrorism, or escape.

(C)
No person shall purposely cause the death of another who is under
thirteen years of age at the time of the commission of the offense.

(D)
No person who is under detention as a result of having been found
guilty of or having pleaded guilty to a felony or who breaks that
detention shall purposely cause the death of another.

(E)
No person shall purposely cause the death of a
law
enforcement
peace

officer
,
corrections officer,

or
prosecutor
whom
the offender knows or has reasonable cause to know is a
law
enforcement
peace

officer
,
corrections officer,

or
prosecutor
when
either of the following applies:

(1)
The victim, at the time of the commission of the offense, is engaged
in the victim's duties.

(2)
It is the offender's specific purpose to kill a
law
enforcement
peace

officer
,
corrections officer, or prosecutor
.

(F)
No person shall purposely cause the death of a first responder or
military member whom the offender knows or has reasonable cause to
know is a first responder or military member when it is the
offender's specific purpose to kill a first responder or military
member.

(G)
Whoever violates this section is guilty of aggravated murder, and
shall be punished as provided in section 2929.02 of the Revised Code.

(H)
As used in this section:

(1)
"Detention" has the same meaning as in section 2921.01 of
the Revised Code.

(2)
"
Law
enforcement
Peace

officer"
has the same meaning as in section
2911.01

2935.01

of
the Revised Code and also includes any federal law enforcement
officer as defined in section 2921.51 of the Revised Code and anyone
who has previously served as a
law
enforcement
peace

officer
or federal law enforcement officer.

(3)
"First responder" means an emergency medical service
provider, a firefighter, or any other emergency response personnel,
or anyone who has previously served as a first responder.

(4)
"Military member" means a member of the armed forces of the
United States, reserves, or Ohio national guard, a participant in
ROTC, JROTC, or any similar military training program, or anyone who
has previously served in the military.

(5)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(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.

Sec.
2929.03.
(A)
If the indictment or count in the indictment charging aggravated
murder does not contain one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, then, following a verdict of guilty of the charge of
aggravated murder, the trial court shall impose sentence on the
offender as follows:

(1)
Except as provided in division (A)(2) or (H) of this section, the
trial court shall impose one of the following sentences on the
offender:

(a)
Life imprisonment without parole;

(b)
Subject to division (A)(1)(e) of this section, life imprisonment with
parole eligibility after serving twenty years of imprisonment;

(c)
Subject to division (A)(1)(e) of this section, life imprisonment with
parole eligibility after serving twenty-five full years of
imprisonment;

(d)
Subject to division (A)(1)(e) of this section, life imprisonment with
parole eligibility after serving thirty full years of imprisonment;

(e)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (A)(1)(a) of this
section, the trial court shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment that shall be served pursuant to
that section.

(2)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, the trial court shall
impose upon the offender a sentence of life imprisonment without
parole that shall be served pursuant to section 2971.03 of the
Revised Code.

(B)
If the indictment or count in the indictment charging aggravated
murder contains one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, the verdict shall separately state whether the accused
is found guilty or not guilty of the principal charge and, if guilty
of the principal charge, whether the offender was eighteen years of
age or older at the time of the commission of the offense, if the
matter of age was raised by the offender pursuant to section 2929.023
of the Revised Code, and whether the offender is guilty or not guilty
of each specification. The jury shall be instructed on its duties in
this regard. The instruction to the jury shall include an instruction
that a specification shall be proved beyond a reasonable doubt in
order to support a guilty verdict on the specification, but the
instruction shall not mention the penalty that may be the consequence
of a guilty or not guilty verdict on any charge or specification.

(C)(1)
If the indictment or count in the indictment charging aggravated
murder contains one or more specifications of aggravating
circumstances listed in division (A) of section 2929.04 of the
Revised Code, then, following a verdict of guilty of the charge but
not guilty of each of the specifications, and regardless of whether
the offender raised the matter of age pursuant to section 2929.023 of
the Revised Code or the matter of serious mental illness at the time
of the commission of the offense pursuant to section 2929.025 of the
Revised Code, the trial court shall impose sentence on the offender
as follows:

(a)
Except as provided in division (C)(1)(b) or (H) of this section, the
trial court shall impose one of the following sentences on the
offender:

(i)
Life imprisonment without parole;

(ii)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving twenty years of imprisonment;

(iii)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iv)
Subject to division (C)(1)(a)(v) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(v)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (C)(1)(a)(i) of this
section, the trial court shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, the trial court shall
impose upon the offender a sentence of life imprisonment without
parole that shall be served pursuant to section 2971.03 of the
Revised Code.

(2)(a)
If the indictment or count in the indictment contains one or more
specifications of aggravating circumstances listed in division (A) of
section 2929.04 of the Revised Code and if the offender is found
guilty of both the charge and one or more of the specifications, the
penalty to be imposed on the offender shall be one of the following:

(i)
Except as provided in division (C)(2)(a)(ii), (C)(2)(a)(iii),

(C)(2)(a)(iv),

or
(H) and subject to divisions (D)(1) and (E) of this section, the
penalty to be imposed on the offender shall be death, life
imprisonment without parole, life imprisonment with parole
eligibility after serving twenty-five full years of imprisonment, or
life imprisonment with parole eligibility after serving thirty full
years of imprisonment.

(ii)
Except as provided in division (C)(2)(a)(iii)
,
(C)(2)(a)(iv),

or (H) of this section, if the victim of the aggravated murder was
less than thirteen years of age, the offender also is convicted of or
pleads guilty to a sexual motivation specification that was included
in the indictment, count in the indictment, or information charging
the offense, and the trial court does not impose a sentence of death
or life imprisonment without parole on the offender pursuant to
division (C)(2)(a)(i) of this section, the penalty to be imposed on
the offender shall be an indefinite term consisting of a minimum term
of thirty years and a maximum term of life imprisonment that shall be
imposed pursuant to division (B)(3) of section 2971.03 of the Revised
Code and served pursuant to that section.

(iii)

If

Except
as provided in division (C)(2)(a)(iv) of this section, if
the
offender also is convicted of or pleads guilty to a sexual motivation
specification and a sexually violent predator specification that are
included in the indictment, count in the indictment, or information
that charged the aggravated murder, except as provided in division
(H) of this section, the penalty to be imposed on the offender shall
be death or life imprisonment without parole that shall be served
pursuant to section 2971.03 of the Revised Code.

(iv)
If 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 victim of aggravated murder was a peace
officer, corrections officer, or prosecutor, 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 first
responder or military member, the penalty to be imposed on the
offender shall be death or life imprisonment without parole.

(b)
A penalty imposed pursuant to division (C)(2)(a)(i), (ii),
or

(iii)
,
or (iv)

of this section shall be determined pursuant to divisions (D) and (E)
of this section and shall be determined by one of the following:

(i)
By the panel of three judges that tried the offender upon the
offender's waiver of the right to trial by jury;

(ii)
By the trial jury and the trial judge, if the offender was tried by
jury.

(D)(1)
Death may not be imposed as a penalty for aggravated murder if the
offender raised the matter of age at trial pursuant to section
2929.023 of the Revised Code and was not found at trial to have been
eighteen years of age or older at the time of the commission of the
offense or raised the matter of the offender's serious mental illness
at the time of the commission of the offense pursuant to section
2929.025 of the Revised Code and was found under that section to be
ineligible for a sentence of death due to serious mental illness.
When death may be imposed as a penalty for aggravated murder, the
court shall proceed under this division. When death may be imposed as
a penalty, the court, upon the request of the defendant, shall
require a pre-sentence investigation to be made and, upon the request
of the defendant, shall require a mental examination to be made, and
shall require reports of the investigation and of any mental
examination submitted to the court, pursuant to section 2947.06 of
the Revised Code. No statement made or information provided by a
defendant in a mental examination or proceeding conducted pursuant to
this division shall be disclosed to any person, except as provided in
this division, or be used in evidence against the defendant on the
issue of guilt in any retrial. A pre-sentence investigation or mental
examination shall not be made except upon request of the defendant.
Copies of any reports prepared under this division shall be furnished
to the court, to the trial jury if the offender was tried by a jury,
to the prosecutor, and to the offender or the offender's counsel for
use under this division. The court, and the trial jury if the
offender was tried by a jury, shall consider any report prepared
pursuant to this division and furnished to it and any evidence raised
at trial that is relevant to the aggravating circumstances the
offender was found guilty of committing or to any factors in
mitigation of the imposition of the sentence of death, shall hear
testimony and other evidence that is relevant to the nature and
circumstances of the aggravating circumstances the offender was found
guilty of committing, the mitigating factors set forth in division
(B) of section 2929.04 of the Revised Code, and any other factors in
mitigation of the imposition of the sentence of death, and shall hear
the statement, if any, of the offender, and the arguments, if any, of
counsel for the defense and prosecution, that are relevant to the
penalty that should be imposed on the offender. The defendant shall
be given great latitude in the presentation of evidence of the
mitigating factors set forth in division (B) of section 2929.04 of
the Revised Code and of any other factors in mitigation of the
imposition of the sentence of death. If the offender chooses to make
a statement, the offender is subject to cross-examination only if the
offender consents to make the statement under oath or affirmation.

The
defendant shall have the burden of going forward with the evidence of
any factors in mitigation of the imposition of the sentence of death.
The prosecution shall have the burden of proving, by proof beyond a
reasonable doubt, that the aggravating circumstances the defendant
was found guilty of committing are sufficient to outweigh the factors
in mitigation of the imposition of the sentence of death.

(2)
Upon consideration of the relevant evidence raised at trial, the
testimony, other evidence, statement of the offender, arguments of
counsel, and, if applicable, the reports submitted pursuant to
division (D)(1) of this section, the trial jury, if the offender was
tried by a jury, shall determine whether the aggravating
circumstances the offender was found guilty of committing are
sufficient to outweigh the mitigating factors present in the case. If
the trial jury unanimously finds, by proof beyond a reasonable doubt,
that the aggravating circumstances the offender was found guilty of
committing outweigh the mitigating factors, the trial jury shall
recommend to the court that the sentence of death be imposed on the
offender. Absent such a finding, the jury shall recommend that the
offender be sentenced to one of the following:

(a)
Except as provided in division (D)(2)(b), (D)(2)(c)
,
(D)(2)(d),

or (H) of this section, to life imprisonment without parole, life
imprisonment with parole eligibility after serving twenty-five full
years of imprisonment, or life imprisonment with parole eligibility
after serving thirty full years of imprisonment;

(b)
Except as provided in division (D)(2)(c) or (H) of this section, if
the victim of the aggravated murder was less than thirteen years of
age, the offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment, count
in the indictment, or information charging the offense, and the jury
does not recommend a sentence of life imprisonment without parole
pursuant to division (D)(2)(a) of this section, to an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment to be imposed pursuant to division (B)(3) of
section 2971.03 of the Revised Code and served pursuant to that
section.

(c)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, to life imprisonment
without parole.

(d)
If 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 victim of aggravated murder was a peace
officer, corrections officer, or prosecutor, 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 first
responder or military member, and the jury does not recommend a
sentence of death pursuant to division (D)(2) of this section, to
life imprisonment without parole.

If
the trial jury recommends that the offender be sentenced to life
imprisonment without parole, life imprisonment with parole
eligibility after serving twenty-five full years of imprisonment,
life imprisonment with parole eligibility after serving thirty full
years of imprisonment, or an indefinite term consisting of a minimum
term of thirty years and a maximum term of life imprisonment to be
imposed pursuant to division (B)(3) of section 2971.03 of the Revised
Code, except as provided in division (H) of this section, the court
shall impose the sentence recommended by the jury upon the offender.
If the sentence is an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment imposed as
described in division (D)(2)(b) of this section or a sentence of life
imprisonment without parole imposed under division (D)(2)(c) of this
section, the sentence shall be served pursuant to section 2971.03 of
the Revised Code. If the trial jury recommends that the sentence of
death be imposed upon the offender, the court shall proceed to impose
sentence pursuant to division (D)(3) of this section.

(3)
Upon consideration of the relevant evidence raised at trial, the
testimony, other evidence, statement of the offender, arguments of
counsel, and, if applicable, the reports submitted to the court
pursuant to division (D)(1) of this section, if, after receiving
pursuant to division (D)(2) of this section the trial jury's
recommendation that the sentence of death be imposed, the court
finds, by proof beyond a reasonable doubt, or if the panel of three
judges unanimously finds, by proof beyond a reasonable doubt, that
the aggravating circumstances the offender was found guilty of
committing outweigh the mitigating factors, it shall impose sentence
of death on the offender. Absent such a finding by the court or
panel, the court or the panel shall impose one of the following
sentences on the offender:

(a)
Except as provided in division (D)(3)(b)
,
(D)(3)(c),

or (H) of this section, one of the following:

(i)
Life imprisonment without parole;

(ii)
Subject to division (D)(3)(a)(iv) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iii)
Subject to division (D)(3)(a)(iv) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(iv)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (D)(3)(a)(i) of this
section, the court or panel shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, life imprisonment
without parole that shall be served pursuant to section 2971.03 of
the Revised Code.

(c)
If 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 victim of aggravated murder was a peace
officer, corrections officer, or prosecutor, 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 first
responder or military member, and the jury does not recommend a
sentence of death pursuant to division (D)(3) of this section, to
life imprisonment without parole.

(E)(1)
If the offender raised the matter of age at trial pursuant to section
2929.023 of the Revised Code, was convicted of aggravated murder and
one or more specifications of an aggravating circumstance listed in
division (A) of section 2929.04 of the Revised Code, and was not
found at trial to have been eighteen years of age or older at the
time of the commission of the offense, the court or the panel of
three judges shall not impose a sentence of death on the offender.
Instead, the court or panel shall impose one of the following
sentences on the offender:

(a)
Except as provided in division (E)(1)(b) or (H) of this section, one
of the following:

(i)
Life imprisonment without parole;

(ii)
Subject to division (E)(1)(a)(iv) of this section, life imprisonment
with parole eligibility after serving twenty-five full years of
imprisonment;

(iii)
Subject to division (E)(1)(a)(iv) of this section, life imprisonment
with parole eligibility after serving thirty full years of
imprisonment;

(iv)
If the victim of the aggravated murder was less than thirteen years
of age, the offender also is convicted of or pleads guilty to a
sexual motivation specification that was included in the indictment,
count in the indictment, or information charging the offense, and the
trial court does not impose a sentence of life imprisonment without
parole on the offender pursuant to division (E)(1)(a)(i) of this
section, the court or panel shall sentence the offender pursuant to
division (B)(3) of section 2971.03 of the Revised Code to an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment.

(b)
If the offender also is convicted of or pleads guilty to a sexual
motivation specification and a sexually violent predator
specification that are included in the indictment, count in the
indictment, or information that charged the aggravated murder, except
as provided in division (H) of this section, life imprisonment
without parole that shall be served pursuant to section 2971.03 of
the Revised Code.

(2)
If the offender raised the matter of the offender's serious mental
illness at the time of the commission of the offense pursuant to
section 2929.025 of the Revised Code, was found under that section to
be ineligible for a sentence of death due to serious mental illness,
and was convicted of aggravated murder and one or more specifications
of an aggravating circumstance listed in division (A) of section
2929.04 of the Revised Code, the court or panel of three judges shall
not impose a sentence of death on the offender. Instead, the court or
panel shall sentence the offender to life imprisonment without
parole.

(F)
The court or the panel of three judges, when it imposes sentence of
death, shall state in a separate opinion its specific findings as to
the existence of any of the mitigating factors set forth in division
(B) of section 2929.04 of the Revised Code, the existence of any
other mitigating factors, the aggravating circumstances the offender
was found guilty of committing, and the reasons why the aggravating
circumstances the offender was found guilty of committing were
sufficient to outweigh the mitigating factors. The court or panel,
when it imposes life imprisonment or an indefinite term consisting of
a minimum term of thirty years and a maximum term of life
imprisonment under division (D) of this section, shall state in a
separate opinion its specific findings of which of the mitigating
factors set forth in division (B) of section 2929.04 of the Revised
Code it found to exist, what other mitigating factors it found to
exist, what aggravating circumstances the offender was found guilty
of committing, and why it could not find that these aggravating
circumstances were sufficient to outweigh the mitigating factors. For
cases in which a sentence of death is imposed for an offense
committed before January 1, 1995, the court or panel shall file the
opinion required to be prepared by this division with the clerk of
the appropriate court of appeals and with the clerk of the supreme
court within fifteen days after the court or panel imposes sentence.
For cases in which a sentence of death is imposed for an offense
committed on or after January 1, 1995, the court or panel shall file
the opinion required to be prepared by this division with the clerk
of the supreme court within fifteen days after the court or panel
imposes sentence. The judgment in a case in which a sentencing
hearing is held pursuant to this section is not final until the
opinion is filed.

(G)(1)
Whenever the court or a panel of three judges imposes a sentence of
death for an offense committed before January 1, 1995, the clerk of
the court in which the judgment is rendered shall make and retain a
copy of the entire record in the case, and shall deliver the original
of the entire record in the case to the appellate court.

(2)
Whenever the court or a panel of three judges imposes a sentence of
death for an offense committed on or after January 1, 1995, the clerk
of the court in which the judgment is rendered shall make and retain
a copy of the entire record in the case, and shall deliver the
original of the entire record in the case to the supreme court.

(H)
A court shall not impose a sentence of life imprisonment without
parole on a person under division (A)(1) or (2), (C)(1) or (2),
(D)(2) or (3), or (E)(1) or (2) of this section for an offense that
was committed when the person was under eighteen years of age.

Sec.
2929.04.
(A)
Imposition of the death penalty for aggravated murder is precluded
unless one or more of the following is specified in the indictment or
count in the indictment pursuant to section 2941.14 of the Revised
Code and proved beyond a reasonable doubt:

(1)
The offense was the assassination of the president of the United
States or a person in line of succession to the presidency, the
governor or lieutenant governor of this state, the president-elect or
vice president-elect of the United States, the governor-elect or
lieutenant governor-elect of this state, or a candidate for any of
the offices described in this division. For purposes of this
division, a person is a candidate if the person has been nominated
for election according to law, if the person has filed a petition or
petitions according to law to have the person's name placed on the
ballot in a primary or general election, or if the person campaigns
as a write-in candidate in a primary or general election.

(2)
The offense was committed for hire.

(3)
The offense was committed for the purpose of escaping detection,
apprehension, trial, or punishment for another offense committed by
the offender.

(4)
The offense was committed while the offender was under detention or
while the offender was at large after having broken detention. As
used in division (A)(4) of this section, "detention" has
the same meaning as in section 2921.01 of the Revised Code, except
that detention does not include hospitalization,
institutionalization, or confinement in a mental health facility or
intellectual disabilities facility unless at the time of the
commission of the offense either of the following circumstances
apply:

(a)
The offender was in the facility as a result of being charged with a
violation of a section of the Revised Code.

(b)
The offender was under detention as a result of being convicted of or
pleading guilty to a violation of a section of the Revised Code.

(5)
Prior to the offense at bar, the offender was convicted of an offense
an essential element of which was the purposeful killing of or
attempt to kill another, or the offense at bar was part of a course
of conduct involving the purposeful killing of or attempt to kill two
or more persons by the offender.

(6)
The victim of the offense was a
law
enforcement
peace

officer

or
prosecutor
,

both

as
defined in section
2911.01

2935.01

of
the Revised Code,
or
a corrections officer, as defined in section 2903.01 of the Revised
Code,
whom
the offender had reasonable cause to know or knew to be a

law
enforcement

peace

officer
,
corrections officer,

or
prosecutor
as
so defined, and either the victim, at the time of the commission of
the offense, was engaged in the victim's duties, or it was the
offender's specific purpose to kill a
law
enforcement
peace

officer
,
corrections officer, or prosecutor

as so defined.

(7)
The offense was committed while the offender was committing,
attempting to commit, or fleeing immediately after committing or
attempting to commit kidnapping, rape, aggravated arson, aggravated
robbery, or aggravated burglary, and either the offender was the
principal offender in the commission of the aggravated murder or, if
not the principal offender, committed the aggravated murder with
prior calculation and design.

(8)
The victim of the aggravated murder was a witness to an offense who
was purposely killed to prevent the victim's testimony in any
criminal proceeding and the aggravated murder was not committed
during the commission, attempted commission, or flight immediately
after the commission or attempted commission of the offense to which
the victim was a witness, or the victim of the aggravated murder was
a witness to an offense and was purposely killed in retaliation for
the victim's testimony in any criminal proceeding.

(9)
The offender, in the commission of the offense, purposefully caused
the death of another who was under thirteen years of age at the time
of the commission of the offense, and either the offender was the
principal offender in the commission of the offense or, if not the
principal offender, committed the offense with prior calculation and
design.

(10)
The offense was committed while the offender was committing,
attempting to commit, or fleeing immediately after committing or
attempting to commit terrorism.

(11)
The victim of the offense was a first responder, as defined in
section 2903.01 of the Revised Code, or a military member, as defined
in section 2903.01 of the Revised Code, whom the offender had
reasonable cause to know or knew to be a first responder or military
member as so defined, and it was the offender's specific purpose to
kill a first responder or military member as so defined.

(B)
If one or more of the aggravating circumstances listed in division
(A) of this section is specified in the indictment or count in the
indictment and proved beyond a reasonable doubt, if the offender did
not raise the matter of age pursuant to section 2929.023 of the
Revised Code or the offender after raising that matter was found at
trial to have been eighteen years of age or older at the time of the
commission of the offense, and if the offender did not raise the
matter of the offender's serious mental illness at the time of the
commission of the offense pursuant to section 2929.025 of the Revised
Code or the offender after raising that matter was found by the court
to not be ineligible for a sentence of death, the court, trial jury,
or panel of three judges shall consider, and weigh against the
aggravating circumstances proved beyond a reasonable doubt, the
nature and circumstances of the offense, the history, character, and
background of the offender, and all of the following factors:

(1)
Whether the victim of the offense induced or facilitated it;

(2)
Whether it is unlikely that the offense would have been committed,
but for the fact that the offender was under duress, coercion, or
strong provocation;

(3)
Whether, at the time of committing the offense, the offender, because
of a mental disease or defect, lacked substantial capacity to
appreciate the criminality of the offender's conduct or to conform
the offender's conduct to the requirements of the law;

(4)
The youth of the offender;

(5)
The offender's lack of a significant history of prior criminal
convictions and delinquency adjudications;

(6)
If the offender was a participant in the offense but not the
principal offender, the degree of the offender's participation in the
offense and the degree of the offender's participation in the acts
that led to the death of the victim;

(7)
Any other factors that are relevant to the issue of whether the
offender should be sentenced to death.

(C)
The defendant shall be given great latitude in the presentation of
evidence of the factors listed in division (B) of this section and of
any other factors in mitigation of the imposition of the sentence of
death.

The
existence of any of the mitigating factors listed in division (B) of
this section does not preclude the imposition of a sentence of death
on the offender but shall be weighed pursuant to divisions (D)(2) and
(3) of section 2929.03 of the Revised Code by the trial court, trial
jury, or the panel of three judges against the aggravating
circumstances the offender was found guilty of committing.

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)."

Section
2.
That
existing sections 2903.01, 2929.03, 2929.04
,
and 2941.14

of
the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Larry Henderson Act.

Section
4.
Section
2929.03 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 136 and S.B. 256 of the 133rd
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.