As Passed by the House 1
123rd General Assembly 4
Regular Session S. B. No. 49 5
1999-2000 6
SENATORS CUPP-LATTA-WATTS-BLESSING-DRAKE-SPADA-MUMPER- 8
REPRESENTATIVES TIBERI-AMSTUTZ-BRADING-DAMSCHRODER-BUCHY-CORBIN- 9
ROMAN-CORE-SALERNO-TERWILLEGER-COUGHLIN-AUSTRIA-DePIERO 10
_________________________________________________________________ 11
A B I L L
To amend section 2945.71 of the Revised Code to 13
clarify the manner in which the "speedy trial" 14
law applies to a criminal defendant charged with
multiple offenses of different degrees. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2945.71 of the Revised Code be 19
amended to read as follows: 20
Sec. 2945.71. (A) A SUBJECT TO DIVISION (D) OF THIS 29
SECTION, A person against whom a charge is pending in a court not 31
of record, or against whom a charge of minor misdemeanor is 32
pending in a court of record, shall be brought to trial within 33
thirty days after his THE PERSON'S arrest or the service of 34
summons.
(B) A SUBJECT TO DIVISION (D) OF THIS SECTION, A person 37
against whom a charge of misdemeanor, other than a minor 38
misdemeanor, is pending in a court of record, shall be brought to 39
trial AS FOLLOWS:
(1) Within forty-five days after his THE PERSON'S arrest 41
or the service of summons, if the offense charged is a 42
misdemeanor of the third or fourth degree, or other misdemeanor 43
for which the maximum penalty is imprisonment for not more than 44
sixty days;
(2) Within ninety days after his THE PERSON'S arrest or 46
the service of summons, if the offense charged is a misdemeanor 47
2
of the first or second degree, or other misdemeanor for which the 48
maximum penalty is imprisonment for more than sixty days. 49
(C) A person against whom a charge of felony is pending: 51
(1) Notwithstanding any provisions to the contrary in 53
Criminal Rule 5(B), shall be accorded a preliminary hearing 54
within fifteen consecutive days after his THE PERSON'S arrest if 55
the accused is not held in jail in lieu of bail on the pending 56
charge or within ten consecutive days after his THE PERSON'S 57
arrest if the accused is held in jail in lieu of bail on the 58
pending charge;
(2) Shall be brought to trial within two hundred seventy 60
days after his THE PERSON'S arrest. 61
(D) A person against whom one or more charges of minor 63
misdemeanor and one or more charges of misdemeanor other than 64
minor misdemeanor, all of which arose out of the same act or 65
transaction, are pending, or against whom charges of misdemeanors 66
of different degrees, other than minor misdemeanors WHETHER 67
FELONIES, MISDEMEANORS, OR COMBINATIONS OF FELONIES AND 68
MISDEMEANORS, all of which arose out of the same act or 70
transaction, are pending shall be brought to trial ON ALL OF THE 71
CHARGES within the time period required for the highest degree of 73
misdemeanor OFFENSE charged, as determined under division 74
DIVISIONS (A), (B), AND (C) of this section. 75
(E) For purposes of computing time under divisions (A), 77
(B), (C)(2), and (D) of this section, each day during which the 78
accused is held in jail in lieu of bail on the pending charge 79
shall be counted as three days. This division does not apply for 80
purposes of computing time under division (C)(1) of this section. 81
(F) This section shall not be construed to modify in any 83
way section 2941.401, or sections 2963.30 to 2963.35 of the 84
Revised Code. 85
Section 2. That existing section 2945.71 of the Revised 87
Code is hereby repealed. 88