As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 8 5
1999-2000 6
SENATORS BLESSING-JOHNSON-OELSLAGER-CUPP 8
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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. REGARDLESS OF WHETHER THE HEARING IS BEING HELD ON THE 90
MOTION OF THE PROSECUTING ATTORNEY OR ON THE COURT'S OWN MOTION, 91
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THE STATE HAS THE BURDEN OF PROVING THAT THE PROOF IS EVIDENT OR 93
THE PRESUMPTION GREAT THAT THE ACCUSED COMMITTED THE OFFENSE WITH 94
WHICH THE ACCUSED IS CHARGED, OF PROVING THAT THE ACCUSED POSES A 95
SUBSTANTIAL RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE 96
COMMUNITY, AND OF PROVING THAT NO RELEASE CONDITIONS WILL
REASONABLY ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY. 97
THE JUDGE MAY REOPEN THE HEARING AT ANY TIME BEFORE TRIAL 100
IF THE JUDGE FINDS THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO 101
THE MOVANT AT THE TIME OF THE HEARING AND THAT THAT INFORMATION 102
HAS A MATERIAL BEARING ON WHETHER BAIL SHOULD BE DENIED. 103
(B) NO ACCUSED PERSON SHALL BE DENIED BAIL PURSUANT TO 106
THIS SECTION UNLESS THE JUDGE FINDS BY CLEAR AND CONVINCING
EVIDENCE THAT THE PROOF IS EVIDENT OR THE PRESUMPTION GREAT THAT 108
THE ACCUSED COMMITTED THE OFFENSE DESCRIBED IN DIVISION (A) OF 110
THIS SECTION WITH WHICH THE ACCUSED IS CHARGED, FINDS BY CLEAR 111
AND CONVINCING EVIDENCE THAT THE ACCUSED POSES A SUBSTANTIAL RISK 113
OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY, AND
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT NO RELEASE CONDITIONS 114
WILL ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY. 116
(C) THE JUDGE, IN DETERMINING WHETHER THE ACCUSED PERSON 118
DESCRIBED IN DIVISION (A) OF THIS SECTION POSES A SUBSTANTIAL 121
RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY 122
AND WHETHER THERE ARE CONDITIONS OF RELEASE THAT WILL REASONABLY 123
ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY, SHALL CONSIDER
ALL AVAILABLE INFORMATION REGARDING ALL OF THE FOLLOWING: 125
(1) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE CHARGED, 127
INCLUDING WHETHER THE OFFENSE IS AN OFFENSE OF VIOLENCE OR 128
INVOLVES ALCOHOL OR A DRUG OF ABUSE; 129
(2) THE WEIGHT OF THE EVIDENCE AGAINST THE ACCUSED; 131
(3) THE HISTORY AND CHARACTERISTICS OF THE ACCUSED, 133
INCLUDING, BUT NOT LIMITED TO, BOTH OF THE FOLLOWING: 134
(a) THE CHARACTER, PHYSICAL AND MENTAL CONDITION, FAMILY 137
TIES, EMPLOYMENT, FINANCIAL RESOURCES, LENGTH OF RESIDENCE IN THE 138
COMMUNITY, COMMUNITY TIES, PAST CONDUCT, HISTORY RELATING TO DRUG 139
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OR ALCOHOL ABUSE, AND CRIMINAL HISTORY OF THE ACCUSED; 140
(b) WHETHER, AT THE TIME OF THE CURRENT ALLEGED OFFENSE OR 143
AT THE TIME OF THE ARREST OF THE ACCUSED, THE ACCUSED WAS ON
PROBATION, PAROLE, POST-RELEASE CONTROL, OR OTHER RELEASE PENDING 145
TRIAL, SENTENCING, APPEAL, OR COMPLETION OF SENTENCE FOR THE 146
COMMISSION OF AN OFFENSE UNDER THE LAWS OF THIS STATE, ANOTHER 147
STATE, OR THE UNITED STATES OR UNDER A MUNICIPAL ORDINANCE. 148
(4) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY PERSON 150
OR THE COMMUNITY THAT WOULD BE POSED BY THE PERSON'S RELEASE. 151
(D) AS USED IN THIS SECTION: 153
(1) "COURT DAY" HAS THE SAME MEANING AS IN SECTION 5122.01 156
OF THE REVISED CODE. 157
(2) "FOURTH DEGREE FELONY OMVI OFFENSE" HAS THE SAME 159
MEANING AS IN SECTION 2929.01 OF THE REVISED CODE. 162
Sec. 2937.32. IF AN OFFENSE IS NOT BAILABLE, IF THE COURT 164
DENIES BAIL TO THE ACCUSED, OR IF THE ACCUSED DOES NOT OFFER 165
SUFFICIENT BAIL, THE COURT SHALL ORDER THE ACCUSED TO BE 166
DETAINED. 167
Section 2. That existing section 2937.03 and section 169
2937.32 of the Revised Code are hereby repealed. 171