As Passed by the House 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
REPRESENTATIVES LUCAS-DePIERO-WOMER BENJAMIN-WILLAMOWSKI- 10
TIBERI-TAYLOR-JACOBSON-HOUSEHOLDER-BUCHY-MOTTLEY-THOMAS- 11
HAINES-SALERNO-COUGHLIN-OLMAN-DAMSCHRODER-PRINGLE-VESPER- 12
CORBIN-ROMAN 13
_________________________________________________________________ 14
A B I L L
To amend section 2937.03, to enact new section 16
2937.32 and section 2937.222, and to repeal 17
section 2937.32 of the Revised Code to enact 18
procedures to implement the amendment to Section 19
9 of Article I of the Ohio Constitution adopted 20
in the November 1997 general election pursuant 21
to which a judge may deny bail to a person 22
accused of specified offenses. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 2937.03 be amended and new section 28
2937.32 and section 2937.222 of the Revised Code be enacted to 29
read as follows:
Sec. 2937.03. After the announcement, as provided by 38
section 2937.02 of the Revised Code, the accused shall be 39
arraigned by the magistrate, or clerk, or prosecutor of the court 41
reading the affidavit or complaint, or reading its substance, 42
omitting purely formal parts, to him THE ACCUSED unless such THE 43
reading be OF THE AFFIDAVIT OR COMPLAINT IS waived. The judge or 45
magistrate shall then inquire of the accused whether he THE 46
ACCUSED understands the nature of the charge. If he THE ACCUSED 47
does not indicate understanding, the JUDGE OR magistrate shall 49
2
give explanation in terms of the statute or ordinance claimed 51
violated. If he THE ACCUSED is not represented by counsel and 52
expresses A desire to consult with an attorney at law, the judge 53
or magistrate shall continue the case for a reasonable time to 54
allow him THE ACCUSED to send for or consult with counsel and 56
shall set bail for such THE later appearance if the offense is 57
bailable. If the accused is not able to make bail, BAIL IS 58
DENIED, or the offense is not bailable, the court or magistrate 60
shall require the officer having custody of THE accused forthwith 62
IMMEDIATELY to take a message to any attorney at law within the 63
municipal corporation where THE accused is detained, or 64
IMMEDIATELY to make available to the accused forthwith use of A 67
telephone for calling to arrange for legal counsel or bail. 68
Sec. 2937.222. (A) ON THE MOTION OF THE PROSECUTING 70
ATTORNEY OR ON THE JUDGE'S OWN MOTION, THE JUDGE SHALL HOLD A 71
HEARING TO DETERMINE WHETHER AN ACCUSED PERSON CHARGED WITH 72
AGGRAVATED MURDER WHEN IT IS NOT A CAPITAL OFFENSE, MURDER, A 73
FELONY OF THE FIRST OR SECOND DEGREE, A VIOLATION OF SECTION 74
2903.06 OF THE REVISED CODE, OR A FOURTH DEGREE FELONY OMVI
OFFENSE SHALL BE DENIED BAIL. THE JUDGE SHALL ORDER THAT THE 75
ACCUSED BE DETAINED UNTIL THE CONCLUSION OF THE HEARING. EXCEPT 76
FOR GOOD CAUSE, A CONTINUANCE ON THE MOTION OF THE STATE SHALL 77
NOT EXCEED THREE COURT DAYS. EXCEPT FOR GOOD CAUSE, A 79
CONTINUANCE ON THE MOTION OF THE ACCUSED SHALL NOT EXCEED FIVE
COURT DAYS UNLESS THE MOTION OF THE ACCUSED WAIVES IN WRITING THE 80
FIVE-DAY LIMIT AND STATES IN WRITING A SPECIFIC PERIOD FOR WHICH 81
THE ACCUSED REQUESTS A CONTINUANCE. A CONTINUANCE GRANTED UPON A 82
MOTION OF THE ACCUSED THAT WAIVES IN WRITING THE FIVE-DAY LIMIT 83
SHALL NOT EXCEED FIVE COURT DAYS AFTER THE PERIOD OF CONTINUANCE 84
REQUESTED IN THE MOTION.
AT THE HEARING, THE ACCUSED HAS THE RIGHT TO BE REPRESENTED 87
BY COUNSEL AND, IF THE ACCUSED IS INDIGENT, TO HAVE COUNSEL 88
APPOINTED. THE JUDGE SHALL AFFORD THE ACCUSED AN OPPORTUNITY TO 89
TESTIFY, TO PRESENT WITNESSES AND OTHER INFORMATION, AND TO 90
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CROSS-EXAMINE WITNESSES WHO APPEAR AT THE HEARING. THE RULES 91
CONCERNING ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT 92
APPLY TO THE PRESENTATION AND CONSIDERATION OF INFORMATION AT THE 93
HEARING. REGARDLESS OF WHETHER THE HEARING IS BEING HELD ON THE 94
MOTION OF THE PROSECUTING ATTORNEY OR ON THE COURT'S OWN MOTION, 95
THE STATE HAS THE BURDEN OF PROVING THAT THE PROOF IS EVIDENT OR 97
THE PRESUMPTION GREAT THAT THE ACCUSED COMMITTED THE OFFENSE WITH 98
WHICH THE ACCUSED IS CHARGED, OF PROVING THAT THE ACCUSED POSES A 99
SUBSTANTIAL RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE 100
COMMUNITY, AND OF PROVING THAT NO RELEASE CONDITIONS WILL
REASONABLY ASSURE THE SAFETY OF THAT PERSON AND THE COMMUNITY. 101
THE JUDGE MAY REOPEN THE HEARING AT ANY TIME BEFORE TRIAL 104
IF THE JUDGE FINDS THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO 105
THE MOVANT AT THE TIME OF THE HEARING AND THAT THAT INFORMATION 106
HAS A MATERIAL BEARING ON WHETHER BAIL SHOULD BE DENIED. IF A 107
MUNICIPAL COURT OR COUNTY COURT ENTERS AN ORDER DENYING BAIL, A 108
JUDGE OF THE COURT OF COMMON PLEAS HAVING JURISDICTION OVER THE 109
CASE MAY CONTINUE THAT ORDER OR MAY HOLD A HEARING PURSUANT TO 110
THIS SECTION TO DETERMINE WHETHER TO CONTINUE THAT ORDER. 111
(B) NO ACCUSED PERSON SHALL BE DENIED BAIL PURSUANT TO 114
THIS SECTION UNLESS THE JUDGE FINDS BY CLEAR AND CONVINCING
EVIDENCE THAT THE PROOF IS EVIDENT OR THE PRESUMPTION GREAT THAT 116
THE ACCUSED COMMITTED THE OFFENSE DESCRIBED IN DIVISION (A) OF 118
THIS SECTION WITH WHICH THE ACCUSED IS CHARGED, FINDS BY CLEAR 119
AND CONVINCING EVIDENCE THAT THE ACCUSED POSES A SUBSTANTIAL RISK 121
OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY, AND
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT NO RELEASE CONDITIONS 122
WILL REASONABLY ASSURE THE SAFETY OF THAT PERSON AND THE 124
COMMUNITY.
(C) THE JUDGE, IN DETERMINING WHETHER THE ACCUSED PERSON 126
DESCRIBED IN DIVISION (A) OF THIS SECTION POSES A SUBSTANTIAL 129
RISK OF SERIOUS PHYSICAL HARM TO ANY PERSON OR TO THE COMMUNITY 130
AND WHETHER THERE ARE CONDITIONS OF RELEASE THAT WILL REASONABLY 131
ASSURE THE SAFETY OF THAT PERSON AND THE COMMUNITY, SHALL
4
CONSIDER ALL AVAILABLE INFORMATION REGARDING ALL OF THE 133
FOLLOWING:
(1) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE CHARGED, 135
INCLUDING WHETHER THE OFFENSE IS AN OFFENSE OF VIOLENCE OR 136
INVOLVES ALCOHOL OR A DRUG OF ABUSE; 137
(2) THE WEIGHT OF THE EVIDENCE AGAINST THE ACCUSED; 139
(3) THE HISTORY AND CHARACTERISTICS OF THE ACCUSED, 141
INCLUDING, BUT NOT LIMITED TO, BOTH OF THE FOLLOWING: 142
(a) THE CHARACTER, PHYSICAL AND MENTAL CONDITION, FAMILY 145
TIES, EMPLOYMENT, FINANCIAL RESOURCES, LENGTH OF RESIDENCE IN THE 146
COMMUNITY, COMMUNITY TIES, PAST CONDUCT, HISTORY RELATING TO DRUG 147
OR ALCOHOL ABUSE, AND CRIMINAL HISTORY OF THE ACCUSED; 148
(b) WHETHER, AT THE TIME OF THE CURRENT ALLEGED OFFENSE OR 151
AT THE TIME OF THE ARREST OF THE ACCUSED, THE ACCUSED WAS ON
PROBATION, PAROLE, POST-RELEASE CONTROL, OR OTHER RELEASE PENDING 153
TRIAL, SENTENCING, APPEAL, OR COMPLETION OF SENTENCE FOR THE 154
COMMISSION OF AN OFFENSE UNDER THE LAWS OF THIS STATE, ANOTHER 155
STATE, OR THE UNITED STATES OR UNDER A MUNICIPAL ORDINANCE. 156
(4) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY PERSON 158
OR THE COMMUNITY THAT WOULD BE POSED BY THE PERSON'S RELEASE. 159
(D)(1) AN ORDER OF THE COURT OF COMMON PLEAS DENYING BAIL 162
PURSUANT TO THIS SECTION IS A FINAL APPEALABLE ORDER. IN AN 163
APPEAL PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT OF 164
APPEALS SHALL DO ALL OF THE FOLLOWING: 165
(a) GIVE THE APPEAL PRIORITY ON ITS CALENDAR; 167
(b) LIBERALLY MODIFY OR DISPENSE WITH FORMAL REQUIREMENTS 169
IN THE INTEREST OF A SPEEDY AND JUST RESOLUTION OF THE APPEAL; 170
(c) DECIDE THE APPEAL EXPEDITIOUSLY; 172
(d) PROMPTLY ENTER ITS JUDGMENT AFFIRMING OR REVERSING THE 174
ORDER DENYING BAIL. 175
(2) THE PENDENCY OF AN APPEAL UNDER THIS SECTION DOES NOT 177
DEPRIVE THE COURT OF COMMON PLEAS OF JURISDICTION TO CONDUCT 178
FURTHER PROCEEDINGS IN THE CASE OR TO FURTHER CONSIDER THE ORDER 179
DENYING BAIL IN ACCORDANCE WITH THIS SECTION. IF, DURING THE 180
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PENDENCY OF AN APPEAL UNDER DIVISION (D) OF THIS SECTION, THE 181
COURT OF COMMON PLEAS SETS ASIDE OR TERMINATES THE ORDER DENYING 182
BAIL, THE COURT OF APPEALS SHALL DISMISS THE APPEAL. 183
(E) AS USED IN THIS SECTION: 185
(1) "COURT DAY" HAS THE SAME MEANING AS IN SECTION 5122.01 188
OF THE REVISED CODE. 189
(2) "FOURTH DEGREE FELONY OMVI OFFENSE" HAS THE SAME 191
MEANING AS IN SECTION 2929.01 OF THE REVISED CODE. 194
Sec. 2937.32. IF AN OFFENSE IS NOT BAILABLE, IF THE COURT 196
DENIES BAIL TO THE ACCUSED, OR IF THE ACCUSED DOES NOT OFFER 197
SUFFICIENT BAIL, THE COURT SHALL ORDER THE ACCUSED TO BE 198
DETAINED. 199
Section 2. That existing section 2937.03 and section 201
2937.32 of the Revised Code are hereby repealed. 203