As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 8 5
1999-2000 6
SENATOR BLESSING 8
10
A B I L L
To amend section 2937.03, to enact new section 12
2937.32 and section 2937.222, and to repeal 13
section 2937.32 of the Revised Code to enact 14
procedures to implement the amendment to Section 15
9 of Article I of the Ohio Constitution adopted 16
in the November 1997 general election pursuant 17
to which a judge may deny bail to a person 18
accused of specified offenses. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2937.03 be amended and new section 24
2937.32 and section 2937.222 of the Revised Code be enacted to 25
read as follows:
Sec. 2937.03. After the announcement, as provided by 34
section 2937.02 of the Revised Code, the accused shall be 35
arraigned by the magistrate, or clerk, or prosecutor of the court 37
reading the affidavit or complaint, or reading its substance, 38
omitting purely formal parts, to him THE ACCUSED unless such THE 39
reading be OF THE AFFIDAVIT OR COMPLAINT IS waived. The judge or 41
magistrate shall then inquire of the accused whether he THE 42
ACCUSED understands the nature of the charge. If he THE ACCUSED 43
does not indicate understanding, the JUDGE OR magistrate shall 45
give explanation in terms of the statute or ordinance claimed 47
violated. If he THE ACCUSED is not represented by counsel and 48
expresses A desire to consult with an attorney at law, the judge 49
or magistrate shall continue the case for a reasonable time to 50
allow him THE ACCUSED to send for or consult with counsel and 52
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shall set bail for such THE later appearance if the offense is 53
bailable. If the accused is not able to make bail, BAIL IS 54
DENIED, or the offense is not bailable, the court or magistrate 56
shall require the officer having custody of THE accused forthwith 58
IMMEDIATELY to take a message to any attorney at law within the 59
municipal corporation where THE accused is detained, or 60
IMMEDIATELY to make available to the accused forthwith use of A 63
telephone for calling to arrange for legal counsel or bail. 64
Sec. 2937.222. (A) ON THE MOTION OF THE PROSECUTING 66
ATTORNEY OR ON THE JUDGE'S OWN MOTION, THE JUDGE SHALL HOLD A 67
HEARING TO DETERMINE WHETHER AN ACCUSED PERSON CHARGED WITH 68
AGGRAVATED MURDER WHEN IT IS NOT A CAPITAL OFFENSE, MURDER, A 69
FELONY OF THE FIRST OR SECOND DEGREE, A VIOLATION OF SECTION 70
2903.06 OF THE REVISED CODE, OR A FOURTH DEGREE FELONY OMVI
OFFENSE SHALL BE DENIED BAIL. THE JUDGE SHALL ORDER THAT THE 71
ACCUSED BE DETAINED UNTIL THE CONCLUSION OF THE HEARING. EXCEPT 72
FOR GOOD CAUSE, A CONTINUANCE ON THE MOTION OF THE STATE SHALL 73
NOT EXCEED THREE COURT DAYS. EXCEPT FOR GOOD CAUSE, A 75
CONTINUANCE ON THE MOTION OF THE ACCUSED SHALL NOT EXCEED FIVE
COURT DAYS UNLESS THE MOTION OF THE ACCUSED WAIVES IN WRITING THE 76
FIVE-DAY LIMIT AND STATES IN WRITING A SPECIFIC PERIOD FOR WHICH 77
THE ACCUSED REQUESTS A CONTINUANCE. A CONTINUANCE GRANTED UPON A 78
MOTION OF THE ACCUSED THAT WAIVES IN WRITING THE FIVE-DAY LIMIT 79
SHALL NOT EXCEED FIVE COURT DAYS AFTER THE PERIOD OF CONTINUANCE 80
REQUESTED IN THE MOTION.
AT THE HEARING, THE ACCUSED HAS THE RIGHT TO BE REPRESENTED 83
BY COUNSEL AND, IF THE ACCUSED IS INDIGENT, TO HAVE COUNSEL 84
APPOINTED. THE JUDGE SHALL AFFORD THE ACCUSED AN OPPORTUNITY TO 85
TESTIFY, TO PRESENT WITNESSES AND OTHER INFORMATION, AND TO 86
CROSS-EXAMINE WITNESSES WHO APPEAR AT THE HEARING. THE RULES 87
CONCERNING ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT 88
APPLY TO THE PRESENTATION AND CONSIDERATION OF INFORMATION AT THE 89
HEARING.
THE JUDGE MAY REOPEN THE HEARING AT ANY TIME BEFORE TRIAL 92
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IF THE JUDGE FINDS THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO 93
THE MOVANT AT THE TIME OF THE HEARING AND THAT THAT INFORMATION 94
HAS A MATERIAL BEARING ON WHETHER BAIL SHOULD BE DENIED. 95
(B) NO ACCUSED PERSON SHALL BE DENIED BAIL PURSUANT TO 98
THIS SECTION UNLESS THE JUDGE FINDS THAT THE PROOF IS EVIDENT OR 99
THE PRESUMPTION GREAT THAT THE ACCUSED COMMITTED THE OFFENSE 100
DESCRIBED IN DIVISION (A) OF THIS SECTION WITH WHICH THE ACCUSED 102
IS CHARGED AND THAT THE ACCUSED POSES A SUBSTANTIAL RISK OF 103
SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY. THE 104
PROOF IS EVIDENT OR THE PRESUMPTION GREAT THAT THE ACCUSED
COMMITTED THE OFFENSE WITH WHICH THE ACCUSED IS CHARGED IF THE 105
PROSECUTING ATTORNEY SHOWS BY CLEAR AND CONVINCING EVIDENCE THAT 106
THE ACCUSED COMMITTED THE OFFENSE CHARGED. 107
(C) THE JUDGE, IN DETERMINING WHETHER THE ACCUSED PERSON 109
DESCRIBED IN DIVISION (A) OF THIS SECTION POSES A SUBSTANTIAL 112
RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY, 113
SHALL CONSIDER ALL AVAILABLE INFORMATION REGARDING ALL OF THE 114
FOLLOWING:
(1) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE CHARGED, 116
INCLUDING WHETHER THE OFFENSE IS AN OFFENSE OF VIOLENCE OR 117
INVOLVES ALCOHOL OR A DRUG OF ABUSE; 118
(2) THE WEIGHT OF THE EVIDENCE AGAINST THE ACCUSED; 120
(3) THE HISTORY AND CHARACTERISTICS OF THE ACCUSED, 122
INCLUDING, BUT NOT LIMITED TO, BOTH OF THE FOLLOWING: 123
(a) THE CHARACTER, PHYSICAL AND MENTAL CONDITION, FAMILY 126
TIES, EMPLOYMENT, FINANCIAL RESOURCES, LENGTH OF RESIDENCE IN THE 127
COMMUNITY, COMMUNITY TIES, PAST CONDUCT, HISTORY RELATING TO DRUG 128
OR ALCOHOL ABUSE, AND CRIMINAL HISTORY OF THE ACCUSED; 129
(b) WHETHER, AT THE TIME OF THE CURRENT ALLEGED OFFENSE OR 132
AT THE TIME OF THE ARREST OF THE ACCUSED, THE ACCUSED WAS ON
PROBATION, PAROLE, POST-RELEASE CONTROL, OR OTHER RELEASE PENDING 134
TRIAL, SENTENCING, APPEAL, OR COMPLETION OF SENTENCE FOR THE 135
COMMISSION OF AN OFFENSE UNDER THE LAWS OF THIS STATE, ANOTHER 136
STATE, OR THE UNITED STATES OR UNDER A MUNICIPAL ORDINANCE. 137
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(4) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY PERSON 139
OR THE COMMUNITY THAT WOULD BE POSED BY THE PERSON'S RELEASE. 140
(D) AS USED IN THIS SECTION: 142
(1) "COURT DAY" HAS THE SAME MEANING AS IN SECTION 5122.01 145
OF THE REVISED CODE. 146
(2) "FOURTH DEGREE FELONY OMVI OFFENSE" HAS THE SAME 148
MEANING AS IN SECTION 2929.01 OF THE REVISED CODE. 151
Sec. 2937.32. IF AN OFFENSE IS NOT BAILABLE, IF THE COURT 153
DENIES BAIL TO THE ACCUSED, OR IF THE ACCUSED DOES NOT OFFER 154
SUFFICIENT BAIL, THE COURT SHALL ORDER THE ACCUSED TO BE 155
DETAINED. 156
Section 2. That existing section 2937.03 and section 158
2937.32 of the Revised Code are hereby repealed. 160