Am. H. B. No. 214 As Reported by the Senate Judiciary--Criminal Justice Committee

Representatives Hughes, Combs, C. Evans, Latta, McGregor, Seitz, Setzer, Cassell, Domenick, Harwood, Oelslager, Patton, T., Reidelbach, Smith, G., Wagoner

A BILL

To amend section 2935.09 of the Revised Code to limit 1
the role of clerks of court in the procedures 2
regarding the filing by private persons of 3
affidavits alleging that a person committed a 4
criminal offense and to require that an 5
appropriate official review affidavits filed by 6
private persons to determine if a complaint should 7
be filed. 8

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

       Section 1. That section 2935.09 of the Revised Code be 9
amended to read as follows: 10

       Sec. 2935.09. (A) As used in this section, "reviewing 11
official" means a judge of a court of record, the prosecuting 12
attorney or attorney charged by law with the prosecution of 13
offenses in a court or before a magistrate, or a magistrate. 14

       (B) In all cases not provided by sections 2935.02 to 2935.08, 15
~~inclusive,~~ of the Revised Code, in order to cause the arrest or 16
prosecution of a person charged with committing an offense in this 17
state, a peace officer, or a private citizen having knowledge of 18
the facts, shall comply with this section. 19

       (C) A peace officer who seeks to cause an arrest or 20
prosecution under this section may file with ~~the judge or clerk of~~ 21
~~a court of record,or with a magistrate,~~a reviewing official or 22
the clerk of a court of record an affidavit charging the offense 23
committed~~, or shall~~. 24

       (D) A private citizen having knowledge of the facts who seeks 25
to cause an arrest or prosecution under this section may file ~~such~~ 26
an affidavit charging the offense committed with ~~theprosecuting~~ 27
~~attorney or attorney charged by law with the prosecution of~~ 28
~~offenses in court or before such magistrate,~~a reviewing official 29
for the purpose of ~~having~~review to determine if a complaint 30
should be filed by ~~such~~the prosecuting ~~or other authorized~~ 31
attorney or attorney charged by law with the prosecution of 32
offenses in the court or before the magistrate. A private citizen 33
may file an affidavit charging the offense committed with the 34
clerk of a court of record before or after the normal business 35
hours of the reviewing officials if the clerk's office is open at 36
those times. A clerk who receives an affidavit before or after the 37
normal business hours of the reviewing officials shall forward it 38
to a reviewing official when the reviewing official's normal 39
business hours resume. 40

       Section 2. That existing section 2935.09 of the Revised Code 41
is hereby repealed. 42

Section 1. That section 2935.09 of the Revised Code be	9
amended to read as follows:	10

Sec. 2935.09. (A) As used in this section, "reviewing	11
official" means a judge of a court of record, the prosecuting	12
attorney or attorney charged by law with the prosecution of	13
offenses in a court or before a magistrate, or a magistrate.	14

(B) In all cases not provided by sections 2935.02 to 2935.08,	15
~~inclusive,~~ of the Revised Code, in order to cause the arrest or	16
prosecution of a person charged with committing an offense in this	17
state, a peace officer, or a private citizen having knowledge of	18
the facts, shall comply with this section.	19

(C) A peace officer who seeks to cause an arrest or	20
prosecution under this section may file with ~~the judge or clerk of~~	21
~~a court of record,or with a magistrate,~~a reviewing official or	22
the clerk of a court of record an affidavit charging the offense	23
committed~~, or shall~~.	24

(D) A private citizen having knowledge of the facts who seeks	25
to cause an arrest or prosecution under this section may file ~~such~~	26
an affidavit charging the offense committed with ~~theprosecuting~~	27
~~attorney or attorney charged by law with the prosecution of~~	28
~~offenses in court or before such magistrate,~~a reviewing official	29
for the purpose of ~~having~~review to determine if a complaint	30
should be filed by ~~such~~the prosecuting ~~or other authorized~~	31
attorney or attorney charged by law with the prosecution of	32
offenses in the court or before the magistrate. A private citizen	33
may file an affidavit charging the offense committed with the	34
clerk of a court of record before or after the normal business	35
hours of the reviewing officials if the clerk's office is open at	36
those times. A clerk who receives an affidavit before or after the	37
normal business hours of the reviewing officials shall forward it	38
to a reviewing official when the reviewing official's normal	39
business hours resume.	40

Section 2. That existing section 2935.09 of the Revised Code	41
is hereby repealed.	42