As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 214

Representatives Hughes, Combs, C. Evans, Latta, McGregor, Seitz, Setzer 

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A BILL

To amend section 2935.09 of the Revised Code to

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remove clerks of court from the procedures

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regarding the filing by private persons of

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affidavits alleging that a person committed a

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criminal offense.

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

Section 1. That section 2935.09 of the Revised Code be	6
amended to read as follows:	7

Sec. 2935.09.  In all cases not provided by sections 2935.02	8
to 2935.08, inclusive, of the Revised Code, in order to cause the	9
arrest or prosecution of a person charged with committing an	10
offense in this state, a peace officer, or a private citizen	11
having knowledge of the facts, shall comply with this section. A	12
peace officer who seeks to cause such an arrest or prosecution may	13
file with the judge or clerk of a court of record, the prosecuting	14
attorney or attorney charged by law with the prosecution of	15
offenses in court or before a magistrate, the clerk of a court of	16
record, or with a magistrate, an affidavit charging the offense	17
committed, or shall. A private citizen having knowledge of the	18
facts who seeks to cause such an arrest or prosecution may file	19
suchan affidavit charging the offense committed with the judge of	20
a court of record or the prosecuting attorney or attorney charged	21
by law with the prosecution of offenses in court or before sucha	22
magistrate, for the purpose of havingreview to determine if a	23
complaint should be filed by suchthe prosecuting or other	24
authorized attorney or attorney charged by law with the	25
prosecution of offenses in the court or before the magistrate.	26

Section 2. That existing section 2935.09 of the Revised Code	27
is hereby repealed.	28