As Reported by the Senate Judiciary Committee            1            

123rd General Assembly                                             4            

   Regular Session                                   S. B. No. 49  5            

      1999-2000                                                    6            


                       SENATORS CUPP-LATTA                         8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 2945.71 of the Revised Code to       12           

                clarify the manner in which the "speedy trial"     13           

                law applies to a criminal defendant charged with                

                multiple offenses of different degrees.            14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 2945.71 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2945.71.  (A)  A SUBJECT TO DIVISION (D) OF THIS        28           

SECTION, A person against whom a charge is pending in a court not  30           

of record, or against whom a charge of minor misdemeanor is        31           

pending in a court of record, shall be brought to trial within     32           

thirty days after his THE PERSON'S arrest or the service of        33           

summons.                                                                        

      (B)  A SUBJECT TO DIVISION (D) OF THIS SECTION, A person     36           

against whom a charge of misdemeanor, other than a minor           37           

misdemeanor, is pending in a court of record, shall be brought to  38           

trial AS FOLLOWS:                                                               

      (1)  Within forty-five days after his THE PERSON'S arrest    40           

or the service of summons, if the offense charged is a             41           

misdemeanor of the third or fourth degree, or other misdemeanor    42           

for which the maximum penalty is imprisonment for not more than    43           

sixty days;                                                                     

      (2)  Within ninety days after his THE PERSON'S arrest or     45           

the service of summons, if the offense charged is a misdemeanor    46           

of the first or second degree, or other misdemeanor for which the  47           

maximum penalty is imprisonment for more than sixty days.          48           

                                                          2      


                                                                 
      (C)  A person against whom a charge of felony is pending:    50           

      (1)  Notwithstanding any provisions to the contrary in       52           

Criminal Rule 5(B), shall be accorded a preliminary hearing        53           

within fifteen consecutive days after his THE PERSON'S arrest if   54           

the accused is not held in jail in lieu of bail on the pending     55           

charge or within ten consecutive days after his THE PERSON'S       56           

arrest if the accused is held in jail in lieu of bail on the       57           

pending charge;                                                                 

      (2)  Shall be brought to trial within two hundred seventy    59           

days after his THE PERSON'S arrest.                                60           

      (D)  A person against whom one or more charges of minor      62           

misdemeanor and one or more charges of misdemeanor other than      63           

minor misdemeanor, all of which arose out of the same act or       64           

transaction, are pending, or against whom charges of misdemeanors  65           

of different degrees, other than minor misdemeanors WHETHER        66           

FELONIES, MISDEMEANORS, OR COMBINATIONS OF FELONIES AND            67           

MISDEMEANORS, all of which arose out of the same act or            69           

transaction, are pending shall be brought to trial ON ALL OF THE   70           

CHARGES within the time period required for the highest degree of  72           

misdemeanor OFFENSE charged, as determined under division          73           

DIVISIONS (A), (B), AND (C) of this section.                       74           

      (E)  For purposes of computing time under divisions (A),     76           

(B), (C)(2), and (D) of this section, each day during which the    77           

accused is held in jail in lieu of bail on the pending charge      78           

shall be counted as three days.  This division does not apply for  79           

purposes of computing time under division (C)(1) of this section.  80           

      (F)  This section shall not be construed to modify in any    82           

way section 2941.401, or sections 2963.30 to 2963.35 of the        83           

Revised Code.                                                      84           

      Section 2.  That existing section 2945.71 of the Revised     86           

Code is hereby repealed.                                           87