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