As Reported by the House Civil and Commercial Law Committee

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 71

Senators Goodman, Harris, Amstutz, Fingerhut, Blessing, DiDonato, Robert Gardner, Schuler, Stivers 

Representatives Seitz, Grendell, Willamowski, Latta 

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A BILL

To amend sections 1901.141, 2301.02, 2313.08,

1

2313.10, 2313.11, 2313.12, 2313.13, 2313.15,

2

2313.16, 2313.18, 2313.25, 2313.26, 2313.30,

3

2313.34, 2313.99, 2335.28, 2945.28, and 2947.23

4

and to enact section 2313.251 of the Revised Code

5

to change the penalties for failure to attend as

6

required by a notice for jury service and to serve

7

as a juror, to change the circumstances under and

8

methods by which jury service may be postponed, to

9

provide protections for employees and small

10

employers when employees are summoned for jury

11

service, to eliminate the cap on juror

12

compensation, to shorten the period of jury

13

service after which a juror may be discharged, to

14

allow the commissioners of jurors to establish an

15

electronic notification system to allow jurors to

16

be notified electronically that the juror shall

17

attend in person the term or part of the term

18

specified in the notice, to make other changes to

19

the jury selection procedures, to eliminate the

20

four-day maximum on the amount of jury fees that

21

are taxed as costs in a civil action, to permit

22

costs of summoning jurors to be assessed against a

23

defendant in certain nonjury criminal trials, to

24

expand the circumstances in which a municipal

25

court judge may appoint special constables to also

26

include circumstances in which the municipal court

27

has countywide jurisdiction and is a successor

28

court of a county court that previously served the

29

county, and to add one judge to the Clermont

30

County Court of Common Pleas.

31

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

Section 1. That sections 1901.141, 2301.02, 2313.08, 2313.10,	32
2313.11, 2313.12, 2313.13, 2313.15, 2313.16, 2313.18, 2313.25,	33
2313.26, 2313.30, 2313.34, 2313.99, 2335.28, 2945.28, and 2947.23	34
be amended and section 2313.251 of the Revised Code be enacted to	35
read as follows:	36

Sec. 1901.141.  (A)(1) Upon the written application of the	37
director of administrative services or of at least three	38
freeholders of the territory, a municipal judge may appoint one or	39
more electors who are residents of the county as special	40
constables, but only if theeither of the following applies:	41

(a) The territory within the jurisdiction of the municipal	42
court served by the municipal court judge is contiguous to	43
territory within the jurisdiction of a county court, where the	44
judge of that county court judge has appointed a special constable	45
to guard and protect territory abutting territory in the municipal	46
court's jurisdiction, and the abutting territory within the	47
municipal court's jurisdiction is the property within the	48
application for which a special constable is being sought. In	49

(b) The territory within the jurisdiction of the municipal	50
court served by the municipal court judge is coextensive with the	51
boundaries of the county in which the court is located, and the	52
municipal court is a successor court of a county court that	53
previously served that county.	54

(2) In order to be eligible to serve as a special constable	55
under this section, an elector shall hold a valid certificate	56
issued by the Ohio peace officer training commission.	57

The special constables shall guard and protect from unlawful	58
acts the property of the state specified in the application or the	59
property of the applicant-freeholders and any property of the	60
state under lease to the applicant-freeholders specified in the	61
application. To the extent necessary to carry out the	62
responsibility to guard and protect the property involved, a	63
special constable shall have the same authority and shall be	64
subject to the same obligations as a peace officer, as defined in	65
section 2935.01 of the Revised Code.	66

(B) A municipal judge who appoints a special constable	67
pursuant to division (A) of this section shall make a memorandum	68
of the appointment upon the docket of the court. The appointment	69
shall continue in force for one year unless the judge revokes it	70
before the expiration of that one-year period. The	71
applicant-freeholders for whose benefit a special constable is	72
appointed shall pay the special constable in full for the special	73
constable's services, and the special constable shall receive no	74
compensation except from those applicant-freeholders.	75

If a municipal judge wishes to reappoint an elector for a	76
successive one-year period, before the elector may be appointed	77
the elector shall have successfully completed a firearms	78
requalification program approved by the executive director of the	79
Ohio peace officer training commission in accordance with rules	80
adopted by the attorney general under section 109.743 of the	81
Revised Code.	82

(C) A municipal judge who appoints a special constable	83
pursuant to division (A) of this section, the municipal court on	84
which the judge sits, the legislative authority associated with	85
that court, and all political subdivisions within the territory of	86
that court are not liable in damages in any tort or other civil	87
action for injury, death, or loss to person or property allegedly	88
caused by any act or omission of the special constable that	89
relates to the special constable's official responsibility to	90
guard and protect property.	91

(D) A special constable appointed pursuant to division (A) of	92
this section is not liable in damages in any tort or other civil	93
action for injury, death, or loss to person or property allegedly	94
caused by an act or omission of the special constable that relates	95
to the special constable's official responsibility to guard and	96
protect property, unless the act or omission was committed or	97
omitted with malicious purpose, in bad faith, or in a wanton or	98
reckless manner. The state, if the director of administrative	99
services requested the appointment of the special constable, or	100
the applicant-freeholders, if freeholders requested the	101
appointment of the special constable, shall be jointly and	102
severally liable in damages in any tort or other civil action for	103
injury, death, or loss to person or property caused by an act or	104
omission of the special constable that was committed or omitted	105
with malicious purpose, in bad faith, or in a wanton or reckless	106
manner. The state or the applicant-freeholders are not liable in	107
damages in any tort or other civil action for injury, death, or	108
loss to person or property caused by any other act or omission of	109
the special constable.	110

(E) This section does not affect any immunities from civil	111
liability or defenses established or recognized by Chapter 2744.	112
or any other chapter of the Revised Code, or available at common	113
law, to which the state or a municipal judge, municipal court,	114
legislative authority, political subdivision, special constable	115
appointed pursuant to division (A) of this section, or	116
applicant-freeholder may be entitled under circumstances not	117
covered by this section.	118

Sec. 2301.02.  The number of judges of the court of common	119
pleas for each county, the time for the next election of the	120
judges in the several counties, and the beginning of their terms	121
shall be as follows:	122

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	123
elected in 1956, term to begin February 9, 1957;	124

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	125
Ottawa, and Union counties, one judge, to be elected in 1954, term	126
to begin February 9, 1955;	127

In Auglaize county, one judge, to be elected in 1956, term to	128
begin January 9, 1957;	129

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	130
Jackson, Knox, Madison, Mercer, Monroe, Morrow, Paulding, Vinton,	131
and Wyandot counties, one judge, to be elected in 1956, term to	132
begin January 1, 1957;	133

In Logan county, two judges, one to be elected in 1956, term	134
to begin January 1, 1957, and one to be elected in 2004, term to	135
begin January 2, 2005;	136

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	137
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	138
elected in 1952, term to begin January 1, 1953;	139

In Harrison and Noble counties, one judge, to be elected in	140
1954, term to begin April 18, 1955;	141

In Henry county, two judges, one to be elected in 1956, term	142
to begin May 9, 1957, and one to be elected in 2004, term to begin	143
January 1, 2005;	144

In Putnam county, one judge, to be elected in 1956, term to	145
begin May 9, 1957;	146

In Huron county, one judge, to be elected in 1952, term to	147
begin May 14, 1953;	148

In Perry county, one judge, to be elected in 1954, term to	149
begin July 6, 1956;	150

In Sandusky county, two judges, one to be elected in 1954,	151
term to begin February 10, 1955, and one to be elected in 1978,	152
term to begin January 1, 1979;	153

(B) In Allen county, three judges, one to be elected in 1956,	154
term to begin February 9, 1957, the second to be elected in 1958,	155
term to begin January 1, 1959, and the third to be elected in	156
1992, term to begin January 1, 1993;	157

In Ashtabula county, three judges, one to be elected in 1954,	158
term to begin February 9, 1955, one to be elected in 1960, term to	159
begin January 1, 1961, and one to be elected in 1978, term to	160
begin January 2, 1979;	161

In Athens county, two judges, one to be elected in 1954, term	162
to begin February 9, 1955, and one to be elected in 1990, term to	163
begin July 1, 1991;	164

In Erie county, four judges, one to be elected in 1956, term	165
to begin January 1, 1957, the second to be elected in 1970, term	166
to begin January 2, 1971, the third to be elected in 2004, term to	167
begin January 2, 2005, and the fourth to be elected in 2008, term	168
to begin February 9, 2009;	169

In Fairfield county, three judges, one to be elected in 1954,	170
term to begin February 9, 1955, the second to be elected in 1970,	171
term to begin January 1, 1971, and the third to be elected in	172
1994, term to begin January 2, 1995;	173

In Geauga county, two judges, one to be elected in 1956, term	174
to begin January 1, 1957, and the second to be elected in 1976,	175
term to begin January 6, 1977;	176

In Greene county, four judges, one to be elected in 1956,	177
term to begin February 9, 1957, the second to be elected in 1960,	178
term to begin January 1, 1961, the third to be elected in 1978,	179
term to begin January 2, 1979, and the fourth to be elected in	180
1994, term to begin January 1, 1995;	181

In Hancock county, two judges, one to be elected in 1952,	182
term to begin January 1, 1953, and the second to be elected in	183
1978, term to begin January 1, 1979;	184

In Lawrence county, two judges, one to be elected in 1954,	185
term to begin February 9, 1955, and the second to be elected in	186
1976, term to begin January 1, 1977;	187

In Marion county, three judges, one to be elected in 1952,	188
term to begin January 1, 1953, the second to be elected in 1976,	189
term to begin January 2, 1977, and the third to be elected in	190
1998, term to begin February 9, 1999;	191

In Medina county, three judges, one to be elected in 1956,	192
term to begin January 1, 1957, the second to be elected in 1966,	193
term to begin January 1, 1967, and the third to be elected in	194
1994, term to begin January 1, 1995;	195

In Miami county, two judges, one to be elected in 1954, term	196
to begin February 9, 1955, and one to be elected in 1970, term to	197
begin on January 1, 1971;	198

In Muskingum county, three judges, one to be elected in 1968,	199
term to begin August 9, 1969, one to be elected in 1978, term to	200
begin January 1, 1979, and one to be elected in 2002, term to	201
begin January 2, 2003;	202

In Portage county, three judges, one to be elected in 1956,	203
term to begin January 1, 1957, the second to be elected in 1960,	204
term to begin January 1, 1961, and the third to be elected in	205
1986, term to begin January 2, 1987;	206

In Ross county, two judges, one to be elected in 1956, term	207
to begin February 9, 1957, and the second to be elected in 1976,	208
term to begin January 1, 1977;	209

In Scioto county, three judges, one to be elected in 1954,	210
term to begin February 10, 1955, the second to be elected in 1960,	211
term to begin January 1, 1961, and the third to be elected in	212
1994, term to begin January 2, 1995;	213

In Seneca county, two judges, one to be elected in 1956, term	214
to begin January 1, 1957, and the second to be elected in 1986,	215
term to begin January 2, 1987;	216

In Warren county, four judges, one to be elected in 1954,	217
term to begin February 9, 1955, the second to be elected in 1970,	218
term to begin January 1, 1971, the third to be elected in 1986,	219
term to begin January 1, 1987, and the fourth to be elected in	220
2004, term to begin January 2, 2005;	221

In Washington county, two judges, one to be elected in 1952,	222
term to begin January 1, 1953, and one to be elected in 1986, term	223
to begin January 1, 1987;	224

In Wood county, three judges, one to be elected in 1968, term	225
beginning January 1, 1969, the second to be elected in 1970, term	226
to begin January 2, 1971, and the third to be elected in 1990,	227
term to begin January 1, 1991;	228

In Belmont and Jefferson counties, two judges, to be elected	229
in 1954, terms to begin January 1, 1955, and February 9, 1955,	230
respectively;	231

In Clark county, four judges, one to be elected in 1952, term	232
to begin January 1, 1953, the second to be elected in 1956, term	233
to begin January 2, 1957, the third to be elected in 1986, term to	234
begin January 3, 1987, and the fourth to be elected in 1994, term	235
to begin January 2, 1995.	236

In Clermont county, fourfive judges, one to be elected in	237
1956, term to begin January 1, 1957, the second to be elected in	238
1964, term to begin January 1, 1965, the third to be elected in	239
1982, term to begin January 2, 1983, and the fourth to be elected	240
in 1986, term to begin January 2, 1987; and the fifth to be	241
elected in 2006, term to begin January 3, 2007;	242

In Columbiana county, two judges, one to be elected in 1952,	243
term to begin January 1, 1953, and the second to be elected in	244
1956, term to begin January 1, 1957;	245

In Delaware county, two judges, one to be elected in 1990,	246
term to begin February 9, 1991, the second to be elected in 1994,	247
term to begin January 1, 1995;	248

In Lake county, six judges, one to be elected in 1958, term	249
to begin January 1, 1959, the second to be elected in 1960, term	250
to begin January 2, 1961, the third to be elected in 1964, term to	251
begin January 3, 1965, the fourth and fifth to be elected in 1978,	252
terms to begin January 4, 1979, and January 5, 1979, respectively,	253
and the sixth to be elected in 2000, term to begin January 6,	254
2001;	255

In Licking county, four judges, one to be elected in 1954,	256
term to begin February 9, 1955, one to be elected in 1964, term to	257
begin January 1, 1965, one to be elected in 1990, term to begin	258
January 1, 1991, and one to be elected in 2004, term to begin	259
January 1, 2005;	260

In Lorain county, eight judges, two to be elected in 1952,	261
terms to begin January 1, 1953, and January 2, 1953, respectively,	262
one to be elected in 1958, term to begin January 3, 1959, one to	263
be elected in 1968, term to begin January 1, 1969, two to be	264
elected in 1988, terms to begin January 4, 1989, and January 5,	265
1989, respectively, and two to be elected in 1998, terms to begin	266
January 2, 1999, and January 3, 1999, respectively;	267

In Butler county, ten judges, one to be elected in 1956, term	268
to begin January 1, 1957; two to be elected in 1954, terms to	269
begin January 1, 1955, and February 9, 1955, respectively; one to	270
be elected in 1968, term to begin January 2, 1969; one to be	271
elected in 1986, term to begin January 3, 1987; two to be elected	272
in 1988, terms to begin January 1, 1989, and January 2, 1989,	273
respectively; one to be elected in 1992, term to begin January 4,	274
1993; and two to be elected in 2002, terms to begin January 2,	275
2003, and January 3, 2003, respectively;	276

In Richland county, four judges, one to be elected in 1956,	277
term to begin January 1, 1957, the second to be elected in 1960,	278
term to begin February 9, 1961, the third to be elected in 1968,	279
term to begin January 2, 1969, and the fourth to be elected in	280
2004, term to begin January 3, 2005;	281

In Tuscarawas county, two judges, one to be elected in 1956,	282
term to begin January 1, 1957, and the second to be elected in	283
1960, term to begin January 2, 1961;	284

In Wayne county, two judges, one to be elected in 1956, term	285
beginning January 1, 1957, and one to be elected in 1968, term to	286
begin January 2, 1969;	287

In Trumbull county, six judges, one to be elected in 1952,	288
term to begin January 1, 1953, the second to be elected in 1954,	289
term to begin January 1, 1955, the third to be elected in 1956,	290
term to begin January 1, 1957, the fourth to be elected in 1964,	291
term to begin January 1, 1965, the fifth to be elected in 1976,	292
term to begin January 2, 1977, and the sixth to be elected in	293
1994, term to begin January 3, 1995;	294

(C) In Cuyahoga county, thirty-nine judges; eight to be	295
elected in 1954, terms to begin on successive days beginning from	296
January 1, 1955, to January 7, 1955, and February 9, 1955,	297
respectively; eight to be elected in 1956, terms to begin on	298
successive days beginning from January 1, 1957, to January 8,	299
1957; three to be elected in 1952, terms to begin from January 1,	300
1953, to January 3, 1953; two to be elected in 1960, terms to	301
begin on January 8, 1961, and January 9, 1961, respectively; two	302
to be elected in 1964, terms to begin January 4, 1965, and January	303
5, 1965, respectively; one to be elected in 1966, term to begin on	304
January 10, 1967; four to be elected in 1968, terms to begin on	305
successive days beginning from January 9, 1969, to January 12,	306
1969; two to be elected in 1974, terms to begin on January 18,	307
1975, and January 19, 1975, respectively; five to be elected in	308
1976, terms to begin on successive days beginning January 6, 1977,	309
to January 10, 1977; two to be elected in 1982, terms to begin	310
January 11, 1983, and January 12, 1983, respectively; and two to	311
be elected in 1986, terms to begin January 13, 1987, and January	312
14, 1987, respectively;	313

In Franklin county, twenty-two judges; two to be elected in	314
1954, terms to begin January 1, 1955, and February 9, 1955,	315
respectively; four to be elected in 1956, terms to begin January	316
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	317
begin January 1, 1959, to January 4, 1959; three to be elected in	318
1968, terms to begin January 5, 1969, to January 7, 1969; three to	319
be elected in 1976, terms to begin on successive days beginning	320
January 5, 1977, to January 7, 1977; one to be elected in 1982,	321
term to begin January 8, 1983; one to be elected in 1986, term to	322
begin January 9, 1987; two to be elected in 1990, terms to begin	323
July 1, 1991, and July 2, 1991, respectively; one to be elected in	324
1996, term to begin January 2, 1997; and one to be elected in	325
2004, term to begin July 1, 2005;	326

In Hamilton county, twenty-one judges; eight to be elected in	327
1966, terms to begin January 1, 1967, January 2, 1967, and from	328
February 9, 1967, to February 14, 1967, respectively; five to be	329
elected in 1956, terms to begin from January 1, 1957, to January	330
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	331
one to be elected in 1974, term to begin January 15, 1975; one to	332
be elected in 1980, term to begin January 16, 1981; two to be	333
elected at large in the general election in 1982, terms to begin	334
April 1, 1983; one to be elected in 1990, term to begin July 1,	335
1991; and two to be elected in 1996, terms to begin January 3,	336
1997, and January 4, 1997, respectively;	337

In Lucas county, fourteen judges; two to be elected in 1954,	338
terms to begin January 1, 1955, and February 9, 1955,	339
respectively; two to be elected in 1956, terms to begin January 1,	340
1957, and October 29, 1957, respectively; two to be elected in	341
1952, terms to begin January 1, 1953, and January 2, 1953,	342
respectively; one to be elected in 1964, term to begin January 3,	343
1965; one to be elected in 1968, term to begin January 4, 1969;	344
two to be elected in 1976, terms to begin January 4, 1977, and	345
January 5, 1977, respectively; one to be elected in 1982, term to	346
begin January 6, 1983; one to be elected in 1988, term to begin	347
January 7, 1989; one to be elected in 1990, term to begin January	348
2, 1991; and one to be elected in 1992, term to begin January 2,	349
1993;	350

In Mahoning county, seven judges; three to be elected in	351
1954, terms to begin January 1, 1955, January 2, 1955, and	352
February 9, 1955, respectively; one to be elected in 1956, term to	353
begin January 1, 1957; one to be elected in 1952, term to begin	354
January 1, 1953; one to be elected in 1968, term to begin January	355
2, 1969; and one to be elected in 1990, term to begin July 1,	356
1991;	357

In Montgomery county, fifteen judges; three to be elected in	358
1954, terms to begin January 1, 1955, January 2, 1955, and January	359
3, 1955, respectively; four to be elected in 1952, terms to begin	360
January 1, 1953, January 2, 1953, July 1, 1953, July 2, 1953,	361
respectively; one to be elected in 1964, term to begin January 3,	362
1965; one to be elected in 1968, term to begin January 3, 1969;	363
three to be elected in 1976, terms to begin on successive days	364
beginning January 4, 1977, to January 6, 1977; two to be elected	365
in 1990, terms to begin July 1, 1991, and July 2, 1991,	366
respectively; and one to be elected in 1992, term to begin January	367
1, 1993.	368

In Stark county, eight judges; one to be elected in 1958,	369
term to begin on January 2, 1959; two to be elected in 1954, terms	370
to begin on January 1, 1955, and February 9, 1955, respectively;	371
two to be elected in 1952, terms to begin January 1, 1953, and	372
April 16, 1953, respectively; one to be elected in 1966, term to	373
begin on January 4, 1967; and two to be elected in 1992, terms to	374
begin January 1, 1993, and January 2, 1993, respectively;	375

In Summit county, eleven judges; four to be elected in 1954,	376
terms to begin January 1, 1955, January 2, 1955, January 3, 1955,	377
and February 9, 1955, respectively; three to be elected in 1958,	378
terms to begin January 1, 1959, January 2, 1959, and May 17, 1959,	379
respectively; one to be elected in 1966, term to begin January 4,	380
1967; one to be elected in 1968, term to begin January 5, 1969;	381
one to be elected in 1990, term to begin May 1, 1991; and one to	382
be elected in 1992, term to begin January 6, 1993.	383

Notwithstanding the foregoing provisions, in any county	384
having two or more judges of the court of common pleas, in which	385
more than one-third of the judges plus one were previously elected	386
at the same election, if the office of one of those judges so	387
elected becomes vacant more than forty days prior to the second	388
general election preceding the expiration of that judge's term,	389
the office that that judge had filled shall be abolished as of the	390
date of the next general election, and a new office of judge of	391
the court of common pleas shall be created. The judge who is to	392
fill that new office shall be elected for a six-year term at the	393
next general election, and the term of that judge shall commence	394
on the first day of the year following that general election, on	395
which day no other judge's term begins, so that the number of	396
judges that the county shall elect shall not be reduced.	397

Judges of the probate division of the court of common pleas	398
are judges of the court of common pleas but shall be elected	399
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	400
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and	401
Wyandot counties in which the judge of the court of common pleas	402
elected pursuant to this section also shall serve as judge of the	403
probate division.	404

Sec. 2313.08.  (A) The jury year in each county shall begin	405
on the first Monday of August of each year, provided the court of	406
common pleas may designate otherwise. A new and complete jury list	407
shall be made up annually by the commissioners of jurors, and	408
shall be certified by them and filed in their office before the	409
beginning of each jury year. The names shall be entered in a	410
suitable book or record, to be known as the "annual jury list,"	411
shall be arranged alphabetically so far as practicable and under	412
convenient divisions by precincts, districts, and townships, and	413
shall be properly indexed. With each name shall be recorded the	414
occupation, place of business, place of residence, duration of	415
residence in this state, citizenship status, date of birth, and	416
social security number of the person, as nearly as they can be	417
ascertained. A duplicate of the list shall be certified by the	418
commissioners and filed in the office of the clerk of the court of	419
common pleas. The commissioners may, by order of the court, add to	420
the list, or enter on a supplementary list, the names of persons	421
who shall thereafter be discovered to be qualified to serve as	422
jurors.	423

(B) In the selection of names for the annual jury list, the	424
commissioners may select all names other than names of persons	425
excused from service permanently pursuant to section 2313.16 of	426
the Revised Code from the list of electors certified by the board	427
of elections pursuant to section 2313.06 of the Revised Code or	428
may select all names other than names of persons excused from	429
service permanently pursuant to section 2313.16 of the Revised	430
Code from the list of qualified driver licensees certified by the	431
registrar of motor vehicles pursuant to section 2313.06 of the	432
Revised Code and from the list of electors certified by the board	433
of elections pursuant to section 2313.06 of the Revised Code. The	434
commissioners may not select for the annual jury list names of	435
persons who are excused from service permanently pursuant to	436
section 2313.16 of the Revised Code.	437

In the selection of the names for the annual jury list,	438
unless otherwise ordered by the court, the commissioners shall	439
assign a consecutive number to each name, starting with one, and	440
shall use a key number that shall be designated by the court. The	441
commissioners shall select the name of each prospective juror,	442
starting with the name that corresponds to a randomly selected	443
number that may range from the number one to the key number, and	444
proceeding accordingly in the numerical sequence of the key number	445
so designated, until the required number of prospective jurors has	446
been selected.	447

(C) Automation data processing procedures and visual display	448
apparatus may be utilized in the selection of the names for the	449
annual jury list, and in the actual compilation of the list.	450

Sec. 2313.10. (A) The commissioners of jurors may serve	451
personally or by mail on any person within the county, a notice	452
requiring himthe person to attend before a commissioner at a	453
specified time, not less than five days after service of the	454
notice, for the purpose of testifying concerning histhe person's	455
own qualifications or liability, or those of any other person, to	456
serve as a juror. A person so notified must attend and testify	457
accordingly.	458

(B) No prospective juror shall fail to attend as specified in	459
division (A) of this section.	460

Sec. 2313.11. (A) If a prospective juror fails to attend as	461
specified in the notice referred to in section 2313.10 of the	462
Revised Code, for any cause except physical disability, or if hea	463
prospective juror refuses to be sworn, or to answer any legal and	464
pertinent question put to himthe prospective juror by a	465
commissioner of jurors, such fact shall be reported by the	466
commissioner shall report that fact to the court and such person	467
shall be dealt with as for contempt of court. One or more	468
successive notices may be served upon the same person when hethe	469
person fails to attend as required by the former notice and he	470
shall be liable to punishment as for contempt of court for each	471
failure to attend. A commissioner may dispense with the personal	472
attendance of a person so notified, when another person cognizant	473
of the facts is produced and testifies in his stead. When a person	474
has so attended twice for examination, hethe person cannot be	475
required to attend again in the same jury year.	476

(B) No prospective juror shall fail to answer any legal and	477
pertinent question put to the prospective juror by the court.	478

(C) The court shall inform a prospective juror that the	479
prospective juror has the right to request an in-camera hearing,	480
on the record and with an attorney present, regarding any legal	481
and pertinent question put to the prospective juror by the court.	482
The court is not required to hold an in-camera hearing under this	483
division unless the information that is contained in the response	484
to the question put to the prospective juror by the court is	485
requested by any person, and the prospective juror requests that	486
the information should not be released.	487

Sec. 2313.12. It is the policy of this state that all	488
qualified citizens have an obligation to serve on petit juries	489
when summoned by the courts of this state unless the citizen is	490
excused as provided in sections 2313.01 to 2313.46 of the Revised	491
Code. The granting of an excuse or postponement to a juror shall	492
be permitted as prescribed by sections 2313.01 to 2313.46 of the	493
Revised Code and the general statutes of the state. The	494
commissioners of jurors, upon request, shall issue to a person who	495
is granted an excuse or postponement a certificate of that fact,	496
and the certificate shall excuse the person to whom it is granted	497
from jury service during the time specified in the certificate or	498
shall postpone the time for jury service of the person to whom it	499
is granted to the time specified in the certificate. The	500
commissioners shall keep a record of all proceedings before them	501
or in their office, of all persons who are granted an excuse or	502
postponement, and of the time of and reasons for the excuse or	503
postponement.	504

Sec. 2313.13. (A) The court of common pleas of a county or	505
the judge of the court of common pleas of a county may discharge,	506
for the term of a court or for part of a term of a court, one or	507
more jurors summoned for jury duty whose attendance is not	508
required for the trial of issues at that term or part of a term.	509

(B)(1) The court of common pleas of a county or a judge of	510
the court of common pleas of a county may, upon a request made at	511
least two business days before the juror's initial appearance by a	512
juror who appears in person or contacts the appropriate court	513
employee appointed by the court by telephone, in writing, or by	514
electronic mail, shall postpone the whole or a part of a juror's	515
time of service onthe juror's initial appearance for jury duty,	516
after summoning the juror for jury duty, to eitherif both of the	517
following apply:	518

(a) To a later date during the same term of court or part of	519
a term of court;	520

(b) To a subsequent term of court or part of a term of court	521
of the same jury year.	522

(2) Each(1) The juror has not previously been granted a	523
postponement.	524

(2) The juror and the appropriate court employee appointed by	525
the court agree to a specified date on which the juror will appear	526
for jury service. The specified date shall be one on which the	527
court is in session and, unless extraordinary circumstances exist,	528
that is not more than six months after the date for which the	529
juror was originally called to serve. If extraordinary	530
circumstances exist, the court may, at the court's discretion,	531
specify a date on which the juror will appear for jury service	532
that is more than six months after the date for which the juror	533
was originally called to serve.	534

(B) The court of common pleas of a county or the judge of the	535
court of common pleas of a county may grant a second or subsequent	536
postponement of jury service to a juror only in the event of an	537
extreme emergency, such as a death in the juror's family, a sudden	538
illness of the juror, or a natural disaster or national emergency	539
in which the juror is personally involved, that could not have	540
been anticipated at the time the initial postponement was granted.	541
Before receiving a second or subsequent postponement, the juror	542
shall agree to a specified date on which the juror will appear for	543
jury service. The specified date shall be one on which the court	544
is in session and that is not more than six months after the date	545
of the postponement.	546

Each juror whose time of service on jury duty is postponed	547
until a specified date may be required to attend the opening of	548
court on that day and on each day after that day until the juror	549
is discharged, without additional summons from the court.	550

(C) The court of common pleas of a county, or a judge of the	551
court of common pleas of a county, may excuse until a specified	552
date one or more jurors summoned for jury duty whose attendance is	553
not required for the trial of issues until that day. Each juror	554
excused until a specified date may be required to attend the	555
opening of court on that day and on each day after that day until	556
the juror is discharged, without additional summons from the	557
court.	558

(D) The court of common pleas of a county or a judge of the	559
court of common pleas of a county may excuse a juror, after	560
summoning the juror for jury duty, from service on jury duty at	561
that term of court for not more than three days at a time, if the	562
exigencies of the juror's business require the juror's temporary	563
excuse.	564

Sec. 2313.15.  The commissioners of jurors shall report the	565
names of all jurors granted a postponement or temporarily excused	566
to a subsequent part of a term or to a subsequent term as provided	567
in section 2313.13 of the Revised Code, to the officers attending	568
the drawing of the jurors for that term or part of a term, and	569
each such name shall be placed upon the list of jurors drawn as	570
provided by sections 2313.01 to 2313.46 of the Revised Code. Such	571
juror shall be made one of the total number directed to be drawn	572
for that term or part of a term, and no more names shall be drawn	573
from the jury wheel, or drawn by use of the automation data	574
processing equipment and procedures described in section 2313.07	575
of the Revised Code, than are sufficient to make up the number	576
ordered by adding the names of the jurors so excused to the names	577
then drawn.	578

Sec. 2313.16. (A) Except as provided by section 2313.13 of	579
the Revised Code, the court of common pleas shall not excuse a	580
person who is liable to serve as a juror and who is drawn and	581
notified, unless it is shown to the satisfaction of the judge by	582
either the juror or another person acquainted with the facts that	583
one or more of the following applies:	584

(A) The juror is then necessarily absent from the county and	585
will not return in time to serve.	586

(B)(1) The interests of the public or of the juror will be	587
materially injured by the juror's attendance.	588

(C) The juror is physically unable to serve.

589

(D)(2) The juror's spouse or a near relative of the juror or	590
the juror's spouse has recently died or is dangerously ill.	591

(E) The juror had been called as a juror for trial in a court	592
of record in the county within the same jury year.	593

(F)(3) The juror is a cloistered member of a religious	594
organization.	595

(4) The prospective juror has a mental or physical condition	596
that causes the prospective juror to be incapable of performing	597
jury service. The prospective juror, or the prospective juror's	598
personal representative, must provide the court with documentation	599
from a physician licensed to practice medicine verifying that a	600
mental or physical condition renders the prospective juror unfit	601
for jury service for a period of up to twenty-four months.	602

(5) Jury service would otherwise cause undue or extreme	603
physical or financial hardship to the prospective juror or a	604
person under the care or supervision of the prospective juror. A	605
judge of the court for which the prospective juror was called to	606
jury service shall make undue or extreme physical or financial	607
hardship determinations. The judge may delegate the authority to	608
make these determinations to an appropriate court employee	609
appointed by the court.	610

(6) The juror is over seventy-five years of age, and the	611
juror requests to be excused.	612

(7) The prospective juror is an active member of a recognized	613
amish sect and requests to be excused because of the prospective	614
juror's sincere belief that as a result of that membership the	615
prospective juror cannot pass judgment in a judicial matter.	616

(B)(1) A prospective juror who requests to be excused from	617
jury service under this section shall take all actions necessary	618
to obtain a ruling on that request by not later than the date on	619
which the prospective juror is scheduled to appear for jury duty.	620

(2) A prospective juror who requests to be excused as	621
provided in division (A)(6) of this section shall inform the	622
appropriate court employee appointed by the court of the	623
prospective juror's request to be so excused by not later than the	624
date on which the prospective juror is scheduled to appear for	625
jury duty. The prospective juror shall inform that court employee	626
of the request to be so excused by appearing in person before the	627
employee or contacting the employee by telephone, in writing, or	628
by electronic mail.	629

(C)(1) For purposes of this section, undue or extreme	630
physical or financial hardship is limited to circumstances in	631
which any of the following apply:	632

(a) The prospective juror would be required to abandon a	633
person under the prospective juror's personal care or supervision	634
due to the impossibility of obtaining an appropriate substitute	635
caregiver during the period of participation in the jury pool or	636
on the jury.	637

(b) The prospective juror would incur costs that would have a	638
substantial adverse impact on the payment of the prospective	639
juror's necessary daily living expenses or on those for whom the	640
prospective juror provides the principal means of support.	641

(c) The prospective juror would suffer physical hardship that	642
would result in illness or disease.	643

(2) Undue or extreme physical or financial hardship does not	644
exist solely based on the fact that a prospective juror will be	645
required to be absent from the prospective juror's place of	646
employment.	647

(D) A prospective juror who asks a judge to grant an excuse	648
based on undue or extreme physical or financial hardship shall	649
provide the judge with documentation that the judge finds to	650
clearly support the request to be excused. If a prospective juror	651
fails to provide satisfactory documentation, the court may deny	652
the request to be excused.	653

(E) When a personprospective juror who is liable to serve is	654
excused in a case specified in this section, the prospective juror	655
can be excused only by the judge presiding in the case or a	656
representative of the judge. An excuse, including whether or not	657
it is a permanent excuse, approved pursuant to this section shall	658
not extend beyond that term. Every approved excuse shall be	659
recorded and filed with the commissioners of jurors. After	660
twenty-four months, a person excused from jury service shall	661
become eligible once again for qualification as a juror unless the	662
person was excused from service permanently. A person is excused	663
from jury service permanently only when the deciding judge	664
determines that the underlying grounds for being excused are of a	665
permanent nature.	666

Sec. 2313.18.  (A) No employer shall discharge or, threaten	667
to discharge, or take any disciplinary action that could lead to	668
the discharge of any permanent employee who is summoned to serve	669
as a juror pursuant to Chapter 2313. of the Revised Code if the	670
employee gives reasonable notice to the employer of the summons	671
prior to the commencement of the employee's service as a juror and	672
if the employee is absent from employment because of the actual	673
jury service.	674

(B) No employer shall require or request an employee to use	675
annual, vacation, or sick leave for time spent responding to a	676
summons for jury duty, time spent participating in the jury	677
selection process, or for time spent actually serving on a jury.	678
Nothing in this division requires an employer to provide annual,	679
vacation, or sick leave to employees under the provisions of this	680
section who otherwise are not entitled to those benefits under the	681
employer's policies.	682

(C) A court shall automatically postpone and reschedule the	683
service of a summoned juror of an employer with twenty-five or	684
fewer full-time employees, or their equivalent, if another	685
employee of that employer has previously been summoned to appear	686
during the same term or part of a term of that court for which	687
that juror has been summoned and if that employer or employee	688
demonstrates to the sufficiency of the court that the other	689
employee has been so summoned. A postponement under this division	690
does not constitute the excused individual's right to one	691
automatic postponement pursuant to section 2313.13 of the Revised	692
Code.	693

(D) Whoever violates this section shall be punished as for a	694
contempt of court pursuant to Chapter 2705. of the Revised Code.	695

Sec. 2313.25. (A) The clerk of the court of common pleas	696
shall deliver to the sheriff venires containing the names and	697
addresses of the jurors drawn, and specifying when the jurors	698
shall appear. The sheriff shall notify each juror named thereinin	699
the venires to attend, in person or electronically, as specified	700
in division (B) of this section, the term or part of a term for	701
which hethe juror was drawn, by serving upon him,the juror at	702
least six days before the commencement thereof,of the term or	703
part of a term a notice addressed to him,the juror stating that	704
hethe juror has been drawn as a juror for, and is required to	705
attend, in person or electronically, as specified in division (B)	706
of this section, the term or part of a term specified in the	707
notice. SuchThe sheriff shall serve the notice may be served	708
personally, by mail, or by leaving it at the juror's residence, or	709
at histhe juror's usual place of business. Before the	710
commencement of a term, or part of a term, the sheriff shall	711
return the venires for that term or part of a term, with histhe	712
sheriff's services thereon, and suchthe return and service shall	713
be presumptive evidence of the fact of such service.	714

(B) If pursuant to section 2313.251 of the Revised Code, the	715
commissioners of jurors establish a procedure for the electronic	716
notification of a person who has been drawn as a juror, the notice	717
addressed to the juror and served pursuant to division (A) of this	718
section shall specify the procedure for electronically notifying	719
the juror.	720

Sec. 2313.251. The commissioners of jurors may establish an	721
electronic notification system to allow a person who has been	722
drawn as a juror to be notified electronically that the juror	723
shall attend in person the term or part of the term specified in	724
the notice. The types of electronic notification include, but are	725
not limited to, cellular telephone, pager, or other forms of	726
telecommunication. If the commissioners of jurors establish an	727
electronic notification system, the commissioners shall establish	728
a procedure for implementing the system, a procedure for the juror	729
to select the method of electronic notification that is applicable	730
to the juror, and a procedure for the juror to opt in or opt out	731
of the electronic notification system, whichever is applicable.	732

Sec. 2313.26.  At any time, during the term of a court of	733
record, the court may order an additional number of jurors to be	734
drawn by the commissioners of jurors for the term, or for part of	735
a term, at which the order is made, or for immediate service in a	736
particular case. The order shall specify the number to be drawn,	737
and the time of drawing. The drawing may be made either in open	738
court, under the direction of the judge, or in the ordinary manner	739
prescribed in sections 2313.01 to 2313.46, inclusive, of the	740
Revised Code, except that notice of the drawing is not required to	741
be given, provided that the required officers are present. The	742
sheriff shall forthwith notify the jurors so drawn, in the same	743
manner as other jurors are notified, to attend the term, or part	744
of a term, in person or electronically, as specified in section	745
2313.25 of the Revised Code, at the time specified in the order,	746
and make due and proper return of the venires with histhe	747
sheriff's service thereon. Such return shall be presumptive	748
evidence of the fact of such service.	749

Sections 2313.24 and 2313.25 of the Revised Code apply to the	750
notification of jurors drawn under this section.	751

Sec. 2313.30. When aNo person whose name is drawn and who	752
is notified, failsshall fail to attend and serve as a juror at a	753
term of a court of record, without having been excused, the court,	754
besides imposing a fine as prescribed in section 2313.29 of the	755
Revised Code, may direct the sheriff to arrest him and bring him	756
before the court; and when he has been so brought in, it may	757
compel him to serve, or it may punish him as for contempt of	758
court.	759

Sec. 2313.34.  (A) A person who is summoned as a juror and	760
who has actually served as a juror in any county of the state	761
under sections 2313.01 to 2313.46 of the Revised Code for three	762
two consecutive calendar weeks shall be discharged by the court,	763
except that the person shall not be so discharged until the close	764
of a trial in which the person may be serving when the person's	765
jury term expires.	766

(B)(1) The board of county commissioners by resolution shall	767
fix the compensation of each juror, not to exceed forty dollars	768
for each day's attendance, payable out of the county treasury.	769

(2) After ten days of actual service, except as otherwise	770
authorized by division (B)(2) of this section, the compensation of	771
a juror shall be fixed for each additional day of actual service	772
at an amount equal to the greater of fifteen dollars or one and	773
one-half times the compensation fixed pursuant to division (B)(1)	774
of this section. The board of county commissioners by resolution	775
may set the compensation at a greater amount that shall not exceed	776
two times the compensation fixed pursuant to division (B)(1) of	777
this section.	778

(3) Residents of townships that are comprised entirely of	779
islands shall be reimbursed for the additional transportation	780
costs they incur to serve as a juror, in the amount certified to	781
be due by a judge of the court in which the jury service is	782
performed.	783

(C) A person who is discharged as prescribed in this section	784
is thereafter prohibited from jury service in any court of the	785
state until the second jury year after the day of the person's	786
last service, except in counties of less than one hundred thousand	787
population, in which cases the court shall make rules in the	788
county applicable to subsequent jury service by persons of that	789
nature.	790

(D) Whenever the certificates of the clerk of the court of	791
common pleas show that a person is entitled to a discharge as	792
prescribed in this section, the commissioners of jurors, upon	793
request, shall certify to that fact. No person shall be exempted	794
from jury service for any reason, but a person may be excused from	795
jury service or have the person's jury service postponed in	796
accordance with sections 2313.01 to 2313.46 of the Revised Code	797
and the general statutes of the state.	798

(E) No person shall be exempted or excused from jury service	799
or be granted a postponement of jury service by reason of any	800
financial contribution to any public or private organization.	801

Sec. 2313.99.  (A) Whoever violates section 2313.10, 2313.11,	802
2313.29, or 2313.30 of the Revised Code may be fined not less than	803
twenty-fiveone hundred nor more than two hundred fifty dollars	804
and may be punished as for contempt of court.	805

(B) Whoever violates section 2313.47 of the Revised Code	806
shall be fined not less than fifty nor more than five hundred	807
dollars, imprisoned not less than thirty nor more than ninety	808
days, or both.	809

Sec. 2335.28.  (A) Except as provided in divisionsdivision	810
(B) and (E) of this section, in any civil action in a court of	811
common pleas in which a jury is sworn, the fees of the jurors	812
sworn shall be taxed as costs unless the court determines that the	813
payment of the fees by a party against whom they are proposed to	814
be taxed would cause significant financial hardship to that party	815
or would not be in the interest of justice.	816

(B) If a civil action in a court of common pleas is settled	817
after jurors are sworn, the fees of the jurors sworn shall be paid	818
in accordance with the settlement agreement. If the agreement does	819
not provide for the payment of the fees, the court shall order	820
that the fees be paid by any party, allocated among the parties,	821
or paid by the county. In making this determination, the court	822
shall consider whether the payment of the fees by a party against	823
whom they are proposed to be taxed would cause significant	824
financial hardship to that party or would not be in the interest	825
of justice.	826

(C) Upon receipt of fees taxed as costs under division (A) or	827
(B) of this section or paid in accordance with a settlement	828
agreement, the clerk of the court shall pay the fees to the county	829
treasurer to be deposited in the county treasury.	830

(D) If any juror serves on more than one jury on the same	831
day, the court shall tax histhe juror's jury fees for that day as	832
costs equally among the parties who are required to pay the fees	833
under this section either as determined by the court or pursuant	834
to a settlement agreement.	835

(E) Jury fees shall be taxed as costs pursuant to this	836
section for each day or part of a day that a sworn juror serves,	837
up to a maximum of four days or parts thereof.	838

Sec. 2945.28. (A) In criminal cases jurors and the jury shall	839
take the following oath to be administered by the trial court or	840
the clerk of the court of common pleas, and the jurors shall	841
respond to the oath "I do swear" or "I do affirm": "You shall well	842
and truly try, and true deliverance make between the State of Ohio	843
and the defendant (giving his name).Do you swear or affirm that	844
you will diligently inquire into and carefully deliberate all	845
matters between the State of Ohio and the defendant (giving the	846
defendant's name)? Do you swear or affirm you will do this to the	847
best of your skill and understanding, without bias or prejudice?	848
So help you God."	849

A juror shall be allowed to make affirmation and the words	850
"this you do as you shall answer under the pains and penalties of	851
perjury" shall be substituted for the words, "So help you God."	852

(B) If, on or after the effective date of this amendment, a	853
court that impanels a jury in a criminal case uses the oath that	854
was in effect prior to the effective date of this amendment	855
instead of the oath set forth in division (A) of this section, the	856
court's use of the former oath does not invalidate or affect the	857
validity of the impanelment of the jury or any action taken by the	858
jury.	859

Sec. 2947.23.  (A)(1) In all criminal cases, including	860
violations of ordinances, the judge or magistrate shall include in	861
the sentence the costs of prosecution and render a judgment	862
against the defendant for such costs. At the time the judge or	863
magistrate imposes sentence, the judge or magistrate shall notify	864
the defendant of both of the following:	865

(a) If the defendant fails to pay that judgment or fails to	866
timely make payments towards that judgment under a payment	867
schedule approved by the court, the court may order the defendant	868
to perform community service in an amount of not more than forty	869
hours per month until the judgment is paid or until the court is	870
satisfied that the defendant is in compliance with the approved	871
payment schedule.	872

(b) If the court orders the defendant to perform the	873
community service, the defendant will receive credit upon the	874
judgment at the specified hourly credit rate per hour of community	875
service performed, and each hour of community service performed	876
will reduce the judgment by that amount.	877

(2) The following shall apply in all criminal cases:

878

(a) If a jury has been sworn at the trial of a case, the fees	879
of the jurors shall be included in the costs, which shall be paid	880
to the public treasury from which the jurors were paid.	881

(b) If a jury has not been sworn at the trial of a case	882
because of a defendant's failure to appear without good cause, the	883
costs incurred in summoning jurors for that particular trial may	884
be included in the costs of prosecution. If the costs incurred in	885
summoning jurors are assessed against the defendant, those costs	886
shall be paid to the public treasury from which the jurors were	887
paid.	888

(B) If a judge or magistrate has reason to believe that a	889
defendant has failed to pay the judgment described in division (A)	890
of this section or has failed to timely make payments towards that	891
judgment under a payment schedule approved by the judge or	892
magistrate, the judge or magistrate shall hold a hearing to	893
determine whether to order the offender to perform community	894
service for that failure. The judge or magistrate shall notify	895
both the defendant and the prosecuting attorney of the place,	896
time, and date of the hearing and shall give each an opportunity	897
to present evidence. If, after the hearing, the judge or	898
magistrate determines that the defendant has failed to pay the	899
judgment or to timely make payments under the payment schedule and	900
that imposition of community service for the failure is	901
appropriate, the judge or magistrate may order the offender to	902
perform community service in an amount of not more than forty	903
hours per month until the judgment is paid or until the judge or	904
magistrate is satisfied that the offender is in compliance with	905
the approved payment schedule. If the judge or magistrate orders	906
the defendant to perform community service under this division,	907
the defendant shall receive credit upon the judgment at the	908
specified hourly credit rate per hour of community service	909
performed, and each hour of community service performed shall	910
reduce the judgment by that amount. Except for the credit and	911
reduction provided in this division, ordering an offender to	912
perform community service under this division does not lessen the	913
amount of the judgment and does not preclude the state from taking	914
any other action to execute the judgment.	915

(C) As used in this section, "specified hourly credit rate"	916
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)	917
under the federal Fair Labor Standards Act of 1938, that then is	918
in effect, and that an employer subject to that provision must pay	919
per hour to each of the employer's employees who is subject to	920
that provision.	921

Section 2. That existing sections 1901.141, 2301.02, 2313.08,	922
2313.10, 2313.11, 2313.12, 2313.13, 2313.15, 2313.16, 2313.18,	923
2313.25, 2313.26, 2313.30, 2313.34, 2313.99, 2335.28, 2945.28, and	924
2947.23 of the Revised Code are hereby repealed.	925