As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 8 5
1999-2000 6
SENATORS BLESSING-JOHNSON-OELSLAGER-CUPP-HOTTINGER-WATTS- 8
LATTA-NEIN-WHITE-MUMPER-GARDNER-DRAKE-SCHAFRATH-SPADA 9
11
A B I L L
To amend section 2937.03, to enact new section 13
2937.32 and section 2937.222, and to repeal 14
section 2937.32 of the Revised Code to enact 15
procedures to implement the amendment to Section 16
9 of Article I of the Ohio Constitution adopted 17
in the November 1997 general election pursuant 18
to which a judge may deny bail to a person 19
accused of specified offenses. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2937.03 be amended and new section 25
2937.32 and section 2937.222 of the Revised Code be enacted to 26
read as follows:
Sec. 2937.03. After the announcement, as provided by 35
section 2937.02 of the Revised Code, the accused shall be 36
arraigned by the magistrate, or clerk, or prosecutor of the court 38
reading the affidavit or complaint, or reading its substance, 39
omitting purely formal parts, to him THE ACCUSED unless such THE 40
reading be OF THE AFFIDAVIT OR COMPLAINT IS waived. The judge or 42
magistrate shall then inquire of the accused whether he THE 43
ACCUSED understands the nature of the charge. If he THE ACCUSED 44
does not indicate understanding, the JUDGE OR magistrate shall 46
give explanation in terms of the statute or ordinance claimed 48
violated. If he THE ACCUSED is not represented by counsel and 49
expresses A desire to consult with an attorney at law, the judge 50
or magistrate shall continue the case for a reasonable time to 51
2
allow him THE ACCUSED to send for or consult with counsel and 53
shall set bail for such THE later appearance if the offense is 54
bailable. If the accused is not able to make bail, BAIL IS 55
DENIED, or the offense is not bailable, the court or magistrate 57
shall require the officer having custody of THE accused forthwith 59
IMMEDIATELY to take a message to any attorney at law within the 60
municipal corporation where THE accused is detained, or 61
IMMEDIATELY to make available to the accused forthwith use of A 64
telephone for calling to arrange for legal counsel or bail. 65
Sec. 2937.222. (A) ON THE MOTION OF THE PROSECUTING 67
ATTORNEY OR ON THE JUDGE'S OWN MOTION, THE JUDGE SHALL HOLD A 68
HEARING TO DETERMINE WHETHER AN ACCUSED PERSON CHARGED WITH 69
AGGRAVATED MURDER WHEN IT IS NOT A CAPITAL OFFENSE, MURDER, A 70
FELONY OF THE FIRST OR SECOND DEGREE, A VIOLATION OF SECTION 71
2903.06 OF THE REVISED CODE, OR A FOURTH DEGREE FELONY OMVI
OFFENSE SHALL BE DENIED BAIL. THE JUDGE SHALL ORDER THAT THE 72
ACCUSED BE DETAINED UNTIL THE CONCLUSION OF THE HEARING. EXCEPT 73
FOR GOOD CAUSE, A CONTINUANCE ON THE MOTION OF THE STATE SHALL 74
NOT EXCEED THREE COURT DAYS. EXCEPT FOR GOOD CAUSE, A 76
CONTINUANCE ON THE MOTION OF THE ACCUSED SHALL NOT EXCEED FIVE
COURT DAYS UNLESS THE MOTION OF THE ACCUSED WAIVES IN WRITING THE 77
FIVE-DAY LIMIT AND STATES IN WRITING A SPECIFIC PERIOD FOR WHICH 78
THE ACCUSED REQUESTS A CONTINUANCE. A CONTINUANCE GRANTED UPON A 79
MOTION OF THE ACCUSED THAT WAIVES IN WRITING THE FIVE-DAY LIMIT 80
SHALL NOT EXCEED FIVE COURT DAYS AFTER THE PERIOD OF CONTINUANCE 81
REQUESTED IN THE MOTION.
AT THE HEARING, THE ACCUSED HAS THE RIGHT TO BE REPRESENTED 84
BY COUNSEL AND, IF THE ACCUSED IS INDIGENT, TO HAVE COUNSEL 85
APPOINTED. THE JUDGE SHALL AFFORD THE ACCUSED AN OPPORTUNITY TO 86
TESTIFY, TO PRESENT WITNESSES AND OTHER INFORMATION, AND TO 87
CROSS-EXAMINE WITNESSES WHO APPEAR AT THE HEARING. THE RULES 88
CONCERNING ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT 89
APPLY TO THE PRESENTATION AND CONSIDERATION OF INFORMATION AT THE 90
HEARING. REGARDLESS OF WHETHER THE HEARING IS BEING HELD ON THE 91
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MOTION OF THE PROSECUTING ATTORNEY OR ON THE COURT'S OWN MOTION, 92
THE STATE HAS THE BURDEN OF PROVING THAT THE PROOF IS EVIDENT OR 94
THE PRESUMPTION GREAT THAT THE ACCUSED COMMITTED THE OFFENSE WITH 95
WHICH THE ACCUSED IS CHARGED, OF PROVING THAT THE ACCUSED POSES A 96
SUBSTANTIAL RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE 97
COMMUNITY, AND OF PROVING THAT NO RELEASE CONDITIONS WILL
REASONABLY ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY. 98
THE JUDGE MAY REOPEN THE HEARING AT ANY TIME BEFORE TRIAL 101
IF THE JUDGE FINDS THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO 102
THE MOVANT AT THE TIME OF THE HEARING AND THAT THAT INFORMATION 103
HAS A MATERIAL BEARING ON WHETHER BAIL SHOULD BE DENIED. 104
(B) NO ACCUSED PERSON SHALL BE DENIED BAIL PURSUANT TO 107
THIS SECTION UNLESS THE JUDGE FINDS BY CLEAR AND CONVINCING
EVIDENCE THAT THE PROOF IS EVIDENT OR THE PRESUMPTION GREAT THAT 109
THE ACCUSED COMMITTED THE OFFENSE DESCRIBED IN DIVISION (A) OF 111
THIS SECTION WITH WHICH THE ACCUSED IS CHARGED, FINDS BY CLEAR 112
AND CONVINCING EVIDENCE THAT THE ACCUSED POSES A SUBSTANTIAL RISK 114
OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY, AND
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT NO RELEASE CONDITIONS 115
WILL ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY. 117
(C) THE JUDGE, IN DETERMINING WHETHER THE ACCUSED PERSON 119
DESCRIBED IN DIVISION (A) OF THIS SECTION POSES A SUBSTANTIAL 122
RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY 123
AND WHETHER THERE ARE CONDITIONS OF RELEASE THAT WILL REASONABLY 124
ASSURE THE SAFETY OF ANY PERSON OR THE COMMUNITY, SHALL CONSIDER
ALL AVAILABLE INFORMATION REGARDING ALL OF THE FOLLOWING: 126
(1) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE CHARGED, 128
INCLUDING WHETHER THE OFFENSE IS AN OFFENSE OF VIOLENCE OR 129
INVOLVES ALCOHOL OR A DRUG OF ABUSE; 130
(2) THE WEIGHT OF THE EVIDENCE AGAINST THE ACCUSED; 132
(3) THE HISTORY AND CHARACTERISTICS OF THE ACCUSED, 134
INCLUDING, BUT NOT LIMITED TO, BOTH OF THE FOLLOWING: 135
(a) THE CHARACTER, PHYSICAL AND MENTAL CONDITION, FAMILY 138
TIES, EMPLOYMENT, FINANCIAL RESOURCES, LENGTH OF RESIDENCE IN THE 139
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COMMUNITY, COMMUNITY TIES, PAST CONDUCT, HISTORY RELATING TO DRUG 140
OR ALCOHOL ABUSE, AND CRIMINAL HISTORY OF THE ACCUSED; 141
(b) WHETHER, AT THE TIME OF THE CURRENT ALLEGED OFFENSE OR 144
AT THE TIME OF THE ARREST OF THE ACCUSED, THE ACCUSED WAS ON
PROBATION, PAROLE, POST-RELEASE CONTROL, OR OTHER RELEASE PENDING 146
TRIAL, SENTENCING, APPEAL, OR COMPLETION OF SENTENCE FOR THE 147
COMMISSION OF AN OFFENSE UNDER THE LAWS OF THIS STATE, ANOTHER 148
STATE, OR THE UNITED STATES OR UNDER A MUNICIPAL ORDINANCE. 149
(4) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY PERSON 151
OR THE COMMUNITY THAT WOULD BE POSED BY THE PERSON'S RELEASE. 152
(D) AS USED IN THIS SECTION: 154
(1) "COURT DAY" HAS THE SAME MEANING AS IN SECTION 5122.01 157
OF THE REVISED CODE. 158
(2) "FOURTH DEGREE FELONY OMVI OFFENSE" HAS THE SAME 160
MEANING AS IN SECTION 2929.01 OF THE REVISED CODE. 163
Sec. 2937.32. IF AN OFFENSE IS NOT BAILABLE, IF THE COURT 165
DENIES BAIL TO THE ACCUSED, OR IF THE ACCUSED DOES NOT OFFER 166
SUFFICIENT BAIL, THE COURT SHALL ORDER THE ACCUSED TO BE 167
DETAINED. 168
Section 2. That existing section 2937.03 and section 170
2937.32 of the Revised Code are hereby repealed. 172