As Passed by the Senate

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 218


SENATOR Jordan



A BILL
To amend section 2939.06 of the Revised Code to modify1
the oath administered to members of a grand jury.2


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2939.06 of the Revised Code be3
amended to read as follows:4

       Sec. 2939.06. (A) When a grand jury is impaneled, the court5
of common pleas shall appoint one of the members thereofof the6
grand jury as foremanforeperson, and shall administer, or cause7
to be administered, to said jurorseach juror an oath in the8
following words to which the juror shall respond "I do solemnly9
swear or affirm":10

       "You and each ofDo you do solemnly swear or affirm that you11
will diligently inquire,into and true presentment make of12
carefully deliberate all such matters and things asthat shall be13
given you in charge or otherwise come to your knowledge, touching14
the presentattention concerning this service; the counsel of the15
state, your own, and your fellows,do you solemnly swear or affirm16
that you shallwill keep secret all proceedings of the grand jury17
unless called onyou are required in a court of justice to make18
disclosuresdisclosure; and do you shall presentsolemnly swear or19
affirm that you will indict no person through malice, hatred, or20
ill will, nor shall; and do you solemnly swear or affirm that you21
will not leave unindicted any person unpresented through fear,22
favor, or affection, or for any reward or hope thereof, but in all23
your presentments; and do you solemnly swear or affirm that in all24
your deliberations you shallwill present the truth, the whole25
truth, and nothing but the truth, according to the best of your26
skill and understanding., as you shall answer unto God or under27
the penalties of perjury?"28

       (B) If, on or after the effective date of this amendment, a29
court impaneling a grand jury uses the grand juror's oath that was30
in effect prior to the effective date of this amendment instead of31
the oath set forth in division (A) of this section, the court's32
use of the former oath does not invalidate or affect the validity33
of the impanelment of the grand jury, any proceeding, inquiry, or34
presentation of the grand jury, any indictment or other document35
found, returned, or issued by the grand jury, or any other action36
taken by the grand jury.37

       Section 2. That existing section 2939.06 of the Revised Code38
is hereby repealed.39