As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 98 5
1997-1998 6
SENATOR B. JOHNSON 8
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A B I L L
To amend sections 1901.13, 1907.18, 2930.06, and 12
2945.02 of the Revised Code to provide that a 13
court cannot dismiss criminal charges when the 14
only reason for dismissal is the request of the
complaining witness and the prosecutor objects to 15
the dismissal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 1901.13, 1907.18, 2930.06, and 19
2945.02 of the Revised Code be amended to read as follows: 20
Sec. 1901.13. (A) In any action or proceeding of which a 29
municipal court has jurisdiction, the court or any judge of the 30
court has the power to do all of the following: 31
(1) Issue process, preserve order, punish contempts, 33
summon and impanel jurors, refer matters to a referee, set aside 34
a verdict, grant a new trial or motion in arrest of judgment, 35
vacate or modify a judgment, suspend execution of sentence upon 36
filing of notice of appeal, admit the defendant to bail, fix the 37
amount of bond and approve the sureties, inquire into the 38
financial responsibility of proposed sureties on all bonds in 39
both civil and criminal actions or proceedings and, on the motion 40
of any party or on its own motion, require security or additional 41
surety, and to exercise any other powers that are necessary to 42
give effect to the jurisdiction of the court and to enforce its 43
judgments, orders, or decrees; 44
(2) Issue any necessary orders in any proceedings before 46
and after judgment, for attachment or garnishment, arrest, aid of 47
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execution, trial of the right of property, revivor of judgment, 48
and appointment of a receiver of personal property, for which 49
authority is conferred upon the courts of common pleas or a judge 50
of the court of common pleas; 51
(3) Hear and determine questions of exemptions upon 53
application or action of any party to a pending cause; 54
(4) Control and distribute all property or the proceeds of 56
property that are levied upon or seized by any legal process 57
issuing from the court and that may come into the hands of its 58
officers, and to order immediate sale of any property of a 59
perishable nature that may come into the hands of an officer of 60
the court upon any process issuing from the court. Any money 61
realized from the sale of property of a perishable nature shall 62
be deposited with the clerk until distributed by order of the 63
court. 64
(B) Whenever an action or proceeding is properly brought 66
in a municipal court within Cuyahoga county, the court has 67
jurisdiction to determine, preserve, and enforce all rights 68
involved in the action or proceeding, and to hear and determine 69
all legal and equitable remedies necessary or proper for a 70
complete determination of the rights of the parties. 71
(C) A MUNICIPAL COURT SHALL NOT DISMISS A CRIMINAL 73
COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF 75
THE COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY
REASON FOR THE DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR 76
OF LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER 77
RESPONSIBLE FOR PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL. 79
Sec. 1907.18. (A) County court judges, within and 88
coextensive with their respective counties, have jurisdiction and 89
authority to: 90
(1) Administer an oath authorized or required by law to be 92
administered; 93
(2) Take acknowledgments of instruments of writing; 95
(3) Issue subpoenas to compel the attendance of witnesses 97
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to give evidence in causes or matters pending before the judges, 98
or for the purpose of taking depositions or perpetuating 99
testimony; 100
(4) Proceed against sheriffs, deputy sheriffs, and 102
constables failing to make return, making false return, or 103
failing to pay over money collected on execution issued by the 104
judges; 105
(5) Try actions against other county court judges for 107
refusing or neglecting to pay over moneys collected in their 108
official capacity when the amount claimed does not exceed five 109
hundred dollars. This division does not deny or impair any 110
remedy provided by law in such a case by suit on the official 111
bond of such a county court judge, or by amercement or otherwise, 112
for neglect or failure to pay over money so collected. 113
(6) Hear actions concerning the issuance and enforcement 115
of, issue, and enforce temporary protection orders pursuant to 116
section 2919.26 of the Revised Code and anti-stalking protection 117
orders pursuant to section 2903.213 of the Revised Code. 118
(B) County court judges may punish contempts, and exercise 120
powers necessary to give effect to the jurisdiction of the court 121
and to enforce its judgments, orders, and decrees, as provided in 122
this chapter or, in the absence of a provision in this chapter, 123
in a manner authorized by the Revised Code or common law for the 124
judges of the courts of common pleas. 125
(C) County court judges have jurisdiction and authority to 127
perform marriage ceremonies anywhere in the state. 128
(D) A COUNTY COURT SHALL NOT DISMISS A CRIMINAL COMPLAINT, 131
CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF THE 132
COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY REASON 133
FOR DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR OF LAW, 134
VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE FOR 135
PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL.
Sec. 2930.06. (A) The prosecutor in a case, to the extent 144
practicable, shall confer with the victim in the case before 145
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pretrial diversion is granted to the defendant in the case, 146
before amending or dismissing an indictment, information, or 148
complaint against that defendant, before agreeing to a negotiated 149
plea for that defendant, or before a trial of that defendant by 150
judge or jury. If the prosecutor fails to confer with the victim 151
at any of those times, the court, if informed of the failure, 153
shall note on the record the failure and the prosecutor's reasons
for the failure. A prosecutor's failure to confer with a victim 154
as required by this division does not affect the validity of an 155
agreement between the prosecutor and the defendant in the case, a 157
pretrial diversion of the defendant, an amendment or dismissal of 158
an indictment, information, or complaint filed against the 159
defendant, a plea entered by the defendant, or any other 160
disposition in the case. THE COURT SHALL NOT DISMISS AN 161
INDICTMENT, INFORMATION, COMPLAINT, OR CHARGE AGAINST A DEFENDANT 163
UPON THE REQUEST OF THE VICTIM IF THAT REQUEST CONSTITUTES THE 164
ONLY REASON FOR DISMISSAL AND THE PROSECUTOR OBJECTS TO THE 165
DISMISSAL.
(B) After a prosecution in a case has been commenced, the 167
prosecutor or a designee of the prosecutor other than a court or 169
court employee, to the extent practicable, promptly shall give 170
the victim all of the following information:
(1) The name of the offense with which the defendant in 172
the case has been charged and the name of the defendant; 173
(2) The file number of the case; 175
(3) A brief statement regarding the procedural steps in a 177
criminal case involving an offense similar to the offense with 178
which the defendant has been charged and the right of the victim 180
to be present during all proceedings held throughout the 181
prosecution of a case;
(4) A summary of the rights of a victim under this 183
chapter; 184
(5) Procedures the victim or the prosecutor may follow if 186
the victim becomes subject to threats or intimidation by the 188
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defendant or any other person; 189
(6) The name and business telephone number of a person to 191
contact for further information with respect to the case; 192
(7) The right of the victim to have a victim's 194
representative exercise the victim's rights under this chapter in 195
accordance with section 2930.02 of the Revised Code and the 196
procedure by which a victim's representative may be designated; 197
(8) Notice that any notification under division (C) of 200
this section and sections 2930.07 to 2930.19 of the Revised Code
will be given to the victim only if the victim asks to receive 201
the notification. 202
(C) Upon the request of the victim, the prosecutor shall 204
give the victim notice of the date, time, and place of any 205
scheduled court proceedings in the case and notice of any changes 206
in those proceedings or in the schedule in the case. 207
(D) A victim who requests notice under division (C) of 210
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 212
the prosecutor under this chapter shall keep the prosecutor 213
informed of the victim's current address and telephone number 214
until the case is dismissed or terminated, the defendant is 215
acquitted or sentenced, or the appellate process is completed, 216
whichever is the final disposition in the case.
Sec. 2945.02. (A) The court of common pleas shall set all 225
criminal cases for trial for a day not later than thirty days 227
after the date of entry of the plea of the defendant. No 228
continuance of the trial shall be granted except upon affirmative 229
proof in open court, upon reasonable notice, that the ends of
justice require a continuance. 230
No continuance shall be granted for any other time than it 232
is affirmatively proved the ends of justice require. 233
Whenever any continuance is granted, the court shall enter 235
on the journal the reason for the same. 236
(B) Criminal cases shall be given precedence over civil 238
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matters and proceedings. The failure of the court to set such A 240
criminal cases CASE for trial, as required by this section, does 242
not operate as an acquittal, but upon notice of such THE failure 244
or upon motion of the prosecuting attorney or a defendant, such
THE case shall forthwith be set for trial within a reasonable 246
time, not exceeding thirty days thereafter AFTER THE NOTICE. 247
(C) A COURT OF COMMON PLEAS SHALL NOT DISMISS A CRIMINAL 250
COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF 251
THE COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY 252
REASON FOR DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR OF 253
LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE 254
FOR PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL. 255
Section 2. That existing sections 1901.13, 1907.18, 257
2930.06, and 2945.02 of the Revised Code are hereby repealed. 258