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To amend sections 1901.01, 1901.02, 1901.03, 1901.07, | 1 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, | 2 |
1907.11, 2743.48, 2929.15, 2929.24, 2929.25, | 3 |
2937.07, 4507.02, 4510.11, 4510.12, 4510.16, | 4 |
4549.02, and 4549.021 and to enact section 4510.73 | 5 |
of the Revised Code to allow, in certain | 6 |
circumstances, all issues concerning a person's | 7 |
driver's license to be litigated in a single | 8 |
court, to create the Putnam County Municipal Court | 9 |
in Ottawa on January 1, 2011, to establish one | 10 |
full-time judgeship in that court, to provide for | 11 |
the nomination of the judge by petition only, to | 12 |
abolish the Putnam County County Court on that | 13 |
date, to designate the Putnam County Clerk of | 14 |
Courts as the clerk of the Putnam County Municipal | 15 |
Court, to provide for the election for the Putnam | 16 |
County Municipal Court of one full-time judge in | 17 |
2011, to make deputy sheriffs and members of a | 18 |
township or joint township police force ex officio | 19 |
deputy bailiffs of municipal courts, to require | 20 |
the Clerk of the Court of Claims to request that | 21 |
the Controlling Board, within 60 days after the | 22 |
date of the entry of a court's determination that | 23 |
a person is a wrongfully imprisoned individual, | 24 |
pay 50 per cent of a certain specified amount of | 25 |
money to that wrongfully imprisoned individual, to | 26 |
permit a trial judge to impose a prison term or | 27 |
jail time, to extend the duration of a community | 28 |
control sanction, to impose a more restrictive | 29 |
sanction when a felony or a misdemeanant violates | 30 |
any condition of a community control sanction, to | 31 |
allow a judge or magistrate to base a finding on | 32 |
the facts contained in a complaint, to authorize | 33 |
judicial release of misdemeanants who are serving | 34 |
jail sentences, to modify the conditions for | 35 |
increased penalties for the offenses of failure to | 36 |
stop after an accident and failure to stop after a | 37 |
nonpublic road accident, to modify the penalty for | 38 |
repeat offenders under "operating a motor vehicle | 39 |
without a valid license" who never have held a | 40 |
valid driver's or commercial driver's license or | 41 |
permit, and to clarify the manner of sentencing | 42 |
for that offense and three other traffic offenses | 43 |
when they are unclassified misdemeanors. | 44 |
Section 1. That sections 1901.01, 1901.02, 1901.03, 1901.07, | 45 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 1907.11, 2743.48, | 46 |
2929.15, 2929.24, 2929.25, 2937.07, 4507.02, 4510.11, 4510.12, | 47 |
4510.16, 4549.02, and 4549.021 be amended and section 4510.73 of | 48 |
the Revised Code be enacted to read as follows: | 49 |
Sec. 1901.01. (A) There is hereby established a municipal | 50 |
court in each of the following municipal corporations: | 51 |
Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 52 |
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, | 53 |
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, | 54 |
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, | 55 |
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, | 56 |
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East | 57 |
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, | 58 |
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, | 59 |
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, | 60 |
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, | 61 |
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, | 62 |
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, | 63 |
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, | 64 |
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, | 65 |
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg, | 66 |
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker | 67 |
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, | 68 |
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, | 69 |
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City | 70 |
of Washington in Fayette county, to be known as Washington Court | 71 |
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and | 72 |
Zanesville. | 73 |
(B) There is hereby established a municipal court within | 74 |
Clermont county in Batavia or in any other municipal corporation | 75 |
or unincorporated territory within Clermont county that is | 76 |
selected by the legislative authority of the Clermont county | 77 |
municipal court. The municipal court established by this division | 78 |
is a continuation of the municipal court previously established in | 79 |
Batavia by this section before the enactment of this division. | 80 |
(C) There is hereby established a municipal court within | 81 |
Columbiana county in Lisbon or in any other municipal corporation | 82 |
or unincorporated territory within Columbiana county, except the | 83 |
municipal corporation of East Liverpool or Liverpool or St. Clair | 84 |
township, that is selected by the judges of the municipal court | 85 |
pursuant to division (I) of section 1901.021 of the Revised Code. | 86 |
(D) Effective January 1, 2008, there is hereby established a | 87 |
municipal court within Erie county in Milan or in any other | 88 |
municipal corporation or unincorporated territory within Erie | 89 |
county that is within the territorial jurisdiction of the Erie | 90 |
county municipal court and is selected by the legislative | 91 |
authority of that court. | 92 |
(E) The Cuyahoga Falls municipal court shall remain in | 93 |
existence until December 31, 2008, and shall be replaced by the | 94 |
Stow municipal court on January 1, 2009. | 95 |
(F) Effective January 1, 2009, there is hereby established a | 96 |
municipal court in the municipal corporation of Stow. | 97 |
Sec. 1901.02. (A) The municipal courts established by | 98 |
section 1901.01 of the Revised Code have jurisdiction within the | 99 |
corporate limits of their respective municipal corporations, or, | 100 |
for the Clermont county municipal court, the Columbiana county | 101 |
municipal court, and, effective January 1, 2008, the Erie county | 102 |
municipal court, within the municipal corporation or | 103 |
unincorporated territory in which they are established, and are | 104 |
courts of record. Each of the courts shall be styled | 105 |
".................................. municipal court," inserting | 106 |
the name of the municipal corporation, except the following | 107 |
courts, which shall be styled as set forth below: | 108 |
(1) The municipal court established in Chesapeake that shall | 109 |
be styled and known as the "Lawrence county municipal court"; | 110 |
(2) The municipal court established in Cincinnati that shall | 111 |
be styled and known as the "Hamilton county municipal court"; | 112 |
(3) The municipal court established in Ravenna that shall be | 113 |
styled and known as the "Portage county municipal court"; | 114 |
(4) The municipal court established in Athens that shall be | 115 |
styled and known as the "Athens county municipal court"; | 116 |
(5) The municipal court established in Columbus that shall be | 117 |
styled and known as the "Franklin county municipal court"; | 118 |
(6) The municipal court established in London that shall be | 119 |
styled and known as the "Madison county municipal court"; | 120 |
(7) The municipal court established in Newark that shall be | 121 |
styled and known as the "Licking county municipal court"; | 122 |
(8) The municipal court established in Wooster that shall be | 123 |
styled and known as the "Wayne county municipal court"; | 124 |
(9) The municipal court established in Wapakoneta that shall | 125 |
be styled and known as the "Auglaize county municipal court"; | 126 |
(10) The municipal court established in Troy that shall be | 127 |
styled and known as the "Miami county municipal court"; | 128 |
(11) The municipal court established in Bucyrus that shall be | 129 |
styled and known as the "Crawford county municipal court"; | 130 |
(12) The municipal court established in Logan that shall be | 131 |
styled and known as the "Hocking county municipal court"; | 132 |
(13) The municipal court established in Urbana that shall be | 133 |
styled and known as the "Champaign county municipal court"; | 134 |
(14) The municipal court established in Jackson that shall be | 135 |
styled and known as the "Jackson county municipal court"; | 136 |
(15) The municipal court established in Springfield that | 137 |
shall be styled and known as the "Clark county municipal court"; | 138 |
(16) The municipal court established in Kenton that shall be | 139 |
styled and known as the "Hardin county municipal court"; | 140 |
(17) The municipal court established within Clermont county | 141 |
in Batavia or in any other municipal corporation or unincorporated | 142 |
territory within Clermont county that is selected by the | 143 |
legislative authority of that court that shall be styled and known | 144 |
as the "Clermont county municipal court"; | 145 |
(18) The municipal court established in Wilmington that, | 146 |
beginning July 1, 1992, shall be styled and known as the "Clinton | 147 |
county municipal court"; | 148 |
(19) The municipal court established in Port Clinton that | 149 |
shall be styled and known as "the Ottawa county municipal court"; | 150 |
(20) The municipal court established in Lancaster that, | 151 |
beginning January 2, 2000, shall be styled and known as the | 152 |
"Fairfield county municipal court"; | 153 |
(21) The municipal court established within Columbiana county | 154 |
in Lisbon or in any other municipal corporation or unincorporated | 155 |
territory selected pursuant to division (I) of section 1901.021 of | 156 |
the Revised Code, that shall be styled and known as the | 157 |
"Columbiana county municipal court"; | 158 |
(22) The municipal court established in Georgetown that, | 159 |
beginning February 9, 2003, shall be styled and known as the | 160 |
"Brown county municipal court"; | 161 |
(23) The municipal court established in Mount Gilead that, | 162 |
beginning January 1, 2003, shall be styled and known as the | 163 |
"Morrow county municipal court"; | 164 |
(24) The municipal court established in Greenville that, | 165 |
beginning January 1, 2005, shall be styled and known as the "Darke | 166 |
county municipal court"; | 167 |
(25) The municipal court established in Millersburg that, | 168 |
beginning January 1, 2007, shall be styled and known as the | 169 |
"Holmes county municipal court"; | 170 |
(26) The municipal court established in Carrollton that, | 171 |
beginning January 1, 2007, shall be styled and known as the | 172 |
"Carroll county municipal court"; | 173 |
(27) The municipal court established within Erie county in | 174 |
Milan or established in any other municipal corporation or | 175 |
unincorporated territory that is within Erie county, is within the | 176 |
territorial jurisdiction of that court, and is selected by the | 177 |
legislative authority of that court that, beginning January 1, | 178 |
2008, shall be styled and known as the "Erie county municipal | 179 |
court." | 180 |
(28) The municipal court established in Ottawa that, | 181 |
beginning January 1, 2011, shall be styled and known as the | 182 |
"Putnam county municipal court." | 183 |
(B) In addition to the jurisdiction set forth in division (A) | 184 |
of this section, the municipal courts established by section | 185 |
1901.01 of the Revised Code have jurisdiction as follows: | 186 |
The Akron municipal court has jurisdiction within Bath, | 187 |
Richfield, and Springfield townships, and within the municipal | 188 |
corporations of Fairlawn, Lakemore, and Mogadore, in Summit | 189 |
county. | 190 |
The Alliance municipal court has jurisdiction within | 191 |
Lexington, Marlboro, Paris, and Washington townships in Stark | 192 |
county. | 193 |
The Ashland municipal court has jurisdiction within Ashland | 194 |
county. | 195 |
The Ashtabula municipal court has jurisdiction within | 196 |
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county. | 197 |
The Athens county municipal court has jurisdiction within | 198 |
Athens county. | 199 |
The Auglaize county municipal court has jurisdiction within | 200 |
Auglaize county. | 201 |
The Avon Lake municipal court has jurisdiction within the | 202 |
municipal corporations of Avon and Sheffield in Lorain county. | 203 |
The Barberton municipal court has jurisdiction within | 204 |
Coventry, Franklin, and Green townships, within all of Copley | 205 |
township except within the municipal corporation of Fairlawn, and | 206 |
within the municipal corporations of Clinton and Norton, in Summit | 207 |
county. | 208 |
The Bedford municipal court has jurisdiction within the | 209 |
municipal corporations of Bedford Heights, Oakwood, Glenwillow, | 210 |
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, | 211 |
Warrensville Heights, North Randall, and Woodmere, and within | 212 |
Warrensville and Chagrin Falls townships, in Cuyahoga county. | 213 |
The Bellefontaine municipal court has jurisdiction within | 214 |
Logan county. | 215 |
The Bellevue municipal court has jurisdiction within Lyme and | 216 |
Sherman townships in Huron county and within York township in | 217 |
Sandusky county. | 218 |
The Berea municipal court has jurisdiction within the | 219 |
municipal corporations of Strongsville, Middleburgh Heights, Brook | 220 |
Park, Westview, and Olmsted Falls, and within Olmsted township, in | 221 |
Cuyahoga county. | 222 |
The Bowling Green municipal court has jurisdiction within the | 223 |
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, | 224 |
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton | 225 |
Center, North Baltimore, Pemberville, Portage, Rising Sun, | 226 |
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 227 |
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 228 |
Montgomery, Plain, Portage, Washington, Webster, and Weston | 229 |
townships in Wood county. | 230 |
Beginning February 9, 2003, the Brown county municipal court | 231 |
has jurisdiction within Brown county. | 232 |
The Bryan municipal court has jurisdiction within Williams | 233 |
county. | 234 |
The Cambridge municipal court has jurisdiction within | 235 |
Guernsey county. | 236 |
The Campbell municipal court has jurisdiction within | 237 |
Coitsville township in Mahoning county. | 238 |
The Canton municipal court has jurisdiction within Canton, | 239 |
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in | 240 |
Stark county. | 241 |
The Carroll county municipal court has jurisdiction within | 242 |
Carroll county. | 243 |
The Celina municipal court has jurisdiction within Mercer | 244 |
county. | 245 |
The Champaign county municipal court has jurisdiction within | 246 |
Champaign county. | 247 |
The Chardon municipal court has jurisdiction within Geauga | 248 |
county. | 249 |
The Chillicothe municipal court has jurisdiction within Ross | 250 |
county. | 251 |
The Circleville municipal court has jurisdiction within | 252 |
Pickaway county. | 253 |
The Clark county municipal court has jurisdiction within | 254 |
Clark county. | 255 |
The Clermont county municipal court has jurisdiction within | 256 |
Clermont county. | 257 |
The Cleveland municipal court has jurisdiction within the | 258 |
municipal corporation of Bratenahl in Cuyahoga county. | 259 |
Beginning July 1, 1992, the Clinton county municipal court | 260 |
has jurisdiction within Clinton county. | 261 |
The Columbiana county municipal court has jurisdiction within | 262 |
all of Columbiana county except within the municipal corporation | 263 |
of East Liverpool and except within Liverpool and St. Clair | 264 |
townships. | 265 |
The Coshocton municipal court has jurisdiction within | 266 |
Coshocton county. | 267 |
The Crawford county municipal court has jurisdiction within | 268 |
Crawford county. | 269 |
Until December 31, 2008, the Cuyahoga Falls municipal court | 270 |
has jurisdiction within Boston, Hudson, Northfield Center, | 271 |
Sagamore Hills, and Twinsburg townships, and within the municipal | 272 |
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, | 273 |
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, | 274 |
and Macedonia, in Summit county. | 275 |
Beginning January 1, 2005, the Darke county municipal court | 276 |
has jurisdiction within Darke county except within the municipal | 277 |
corporation of Bradford. | 278 |
The Defiance municipal court has jurisdiction within Defiance | 279 |
county. | 280 |
The Delaware municipal court has jurisdiction within Delaware | 281 |
county. | 282 |
The East Liverpool municipal court has jurisdiction within | 283 |
Liverpool and St. Clair townships in Columbiana county. | 284 |
The Eaton municipal court has jurisdiction within Preble | 285 |
county. | 286 |
The Elyria municipal court has jurisdiction within the | 287 |
municipal corporations of Grafton, LaGrange, and North Ridgeville, | 288 |
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and | 289 |
LaGrange townships, in Lorain county. | 290 |
Beginning January 1, 2008, the Erie county municipal court | 291 |
has jurisdiction within Erie county except within the townships of | 292 |
Florence, Huron, Perkins, and Vermilion and the municipal | 293 |
corporations of Bay View, Castalia, Huron, Sandusky, and | 294 |
Vermilion. | 295 |
The Fairborn municipal court has jurisdiction within the | 296 |
municipal corporation of Beavercreek and within Bath and | 297 |
Beavercreek townships in Greene county. | 298 |
Beginning January 2, 2000, the Fairfield county municipal | 299 |
court has jurisdiction within Fairfield county. | 300 |
The Findlay municipal court has jurisdiction within all of | 301 |
Hancock county except within Washington township. | 302 |
The Fostoria municipal court has jurisdiction within Loudon | 303 |
and Jackson townships in Seneca county, within Washington township | 304 |
in Hancock county, and within Perry township in Wood county. | 305 |
The Franklin municipal court has jurisdiction within Franklin | 306 |
township in Warren county. | 307 |
The Franklin county municipal court has jurisdiction within | 308 |
Franklin county. | 309 |
The Fremont municipal court has jurisdiction within Ballville | 310 |
and Sandusky townships in Sandusky county. | 311 |
The Gallipolis municipal court has jurisdiction within Gallia | 312 |
county. | 313 |
The Garfield Heights municipal court has jurisdiction within | 314 |
the municipal corporations of Maple Heights, Walton Hills, Valley | 315 |
View, Cuyahoga Heights, Newburgh Heights, Independence, and | 316 |
Brecksville in Cuyahoga county. | 317 |
The Girard municipal court has jurisdiction within Liberty, | 318 |
Vienna, and Hubbard townships in Trumbull county. | 319 |
The Hamilton municipal court has jurisdiction within Ross and | 320 |
St. Clair townships in Butler county. | 321 |
The Hamilton county municipal court has jurisdiction within | 322 |
Hamilton county. | 323 |
The Hardin county municipal court has jurisdiction within | 324 |
Hardin county. | 325 |
The Hillsboro municipal court has jurisdiction within all of | 326 |
Highland county except within Madison township. | 327 |
The Hocking county municipal court has jurisdiction within | 328 |
Hocking county. | 329 |
The Holmes county municipal court has jurisdiction within | 330 |
Holmes county. | 331 |
The Huron municipal court has jurisdiction within all of | 332 |
Huron township in Erie county except within the municipal | 333 |
corporation of Sandusky. | 334 |
The Ironton municipal court has jurisdiction within Aid, | 335 |
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington | 336 |
townships in Lawrence county. | 337 |
The Jackson county municipal court has jurisdiction within | 338 |
Jackson county. | 339 |
The Kettering municipal court has jurisdiction within the | 340 |
municipal corporations of Centerville and Moraine, and within | 341 |
Washington township, in Montgomery county. | 342 |
Until January 2, 2000, the Lancaster municipal court has | 343 |
jurisdiction within Fairfield county. | 344 |
The Lawrence county municipal court has jurisdiction within | 345 |
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and | 346 |
Windsor in Lawrence county. | 347 |
The Lebanon municipal court has jurisdiction within | 348 |
Turtlecreek township in Warren county. | 349 |
The Licking county municipal court has jurisdiction within | 350 |
Licking county. | 351 |
The Lima municipal court has jurisdiction within Allen | 352 |
county. | 353 |
The Lorain municipal court has jurisdiction within the | 354 |
municipal corporation of Sheffield Lake, and within Sheffield | 355 |
township, in Lorain county. | 356 |
The Lyndhurst municipal court has jurisdiction within the | 357 |
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, | 358 |
Highland Heights, and Richmond Heights in Cuyahoga county. | 359 |
The Madison county municipal court has jurisdiction within | 360 |
Madison county. | 361 |
The Mansfield municipal court has jurisdiction within | 362 |
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, | 363 |
Washington, Monroe, Perry, Jefferson, and Worthington townships, | 364 |
and within sections 35-36-31 and 32 of Butler township, in | 365 |
Richland county. | 366 |
The Marietta municipal court has jurisdiction within | 367 |
Washington county. | 368 |
The Marion municipal court has jurisdiction within Marion | 369 |
county. | 370 |
The Marysville municipal court has jurisdiction within Union | 371 |
county. | 372 |
The Mason municipal court has jurisdiction within Deerfield | 373 |
township in Warren county. | 374 |
The Massillon municipal court has jurisdiction within | 375 |
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson | 376 |
townships in Stark county. | 377 |
The Maumee municipal court has jurisdiction within the | 378 |
municipal corporations of Waterville and Whitehouse, within | 379 |
Waterville and Providence townships, and within those portions of | 380 |
Springfield, Monclova, and Swanton townships lying south of the | 381 |
northerly boundary line of the Ohio turnpike, in Lucas county. | 382 |
The Medina municipal court has jurisdiction within the | 383 |
municipal corporations of Briarwood Beach, Brunswick, | 384 |
Chippewa-on-the-Lake, and Spencer and within the townships of | 385 |
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, | 386 |
Litchfield, Liverpool, Medina, Montville, Spencer, and York | 387 |
townships, in Medina county. | 388 |
The Mentor municipal court has jurisdiction within the | 389 |
municipal corporation of Mentor-on-the-Lake in Lake county. | 390 |
The Miami county municipal court has jurisdiction within | 391 |
Miami county and within the part of the municipal corporation of | 392 |
Bradford that is located in Darke county. | 393 |
The Miamisburg municipal court has jurisdiction within the | 394 |
municipal corporations of Germantown and West Carrollton, and | 395 |
within German and Miami townships in Montgomery county. | 396 |
The Middletown municipal court has jurisdiction within | 397 |
Madison township, and within all of Lemon township, except within | 398 |
the municipal corporation of Monroe, in Butler county. | 399 |
Beginning January 1, 2003, the Morrow county municipal court | 400 |
has jurisdiction within Morrow county. | 401 |
The Mount Vernon municipal court has jurisdiction within Knox | 402 |
county. | 403 |
The Napoleon municipal court has jurisdiction within Henry | 404 |
county. | 405 |
The New Philadelphia municipal court has jurisdiction within | 406 |
the municipal corporation of Dover, and within Auburn, Bucks, | 407 |
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, | 408 |
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas | 409 |
county. | 410 |
The Newton Falls municipal court has jurisdiction within | 411 |
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, | 412 |
Farmington, and Mesopotamia townships in Trumbull county. | 413 |
The Niles municipal court has jurisdiction within the | 414 |
municipal corporation of McDonald, and within Weathersfield | 415 |
township in Trumbull county. | 416 |
The Norwalk municipal court has jurisdiction within all of | 417 |
Huron county except within the municipal corporation of Bellevue | 418 |
and except within Lyme and Sherman townships. | 419 |
The Oberlin municipal court has jurisdiction within the | 420 |
municipal corporations of Amherst, Kipton, Rochester, South | 421 |
Amherst, and Wellington, and within Henrietta, Russia, Camden, | 422 |
Pittsfield, Brighton, Wellington, Penfield, Rochester, and | 423 |
Huntington townships, and within all of Amherst township except | 424 |
within the municipal corporation of Lorain, in Lorain county. | 425 |
The Oregon municipal court has jurisdiction within the | 426 |
municipal corporation of Harbor View, and within Jerusalem | 427 |
township, in Lucas county, and north within Maumee Bay and Lake | 428 |
Erie to the boundary line between Ohio and Michigan between the | 429 |
easterly boundary of the court and the easterly boundary of the | 430 |
Toledo municipal court. | 431 |
The Ottawa county municipal court has jurisdiction within | 432 |
Ottawa county. | 433 |
The Painesville municipal court has jurisdiction within | 434 |
Painesville, Perry, Leroy, Concord, and Madison townships in Lake | 435 |
county. | 436 |
The Parma municipal court has jurisdiction within the | 437 |
municipal corporations of Parma Heights, Brooklyn, Linndale, North | 438 |
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in | 439 |
Cuyahoga county. | 440 |
The Perrysburg municipal court has jurisdiction within the | 441 |
municipal corporations of Luckey, Millbury, Northwood, Rossford, | 442 |
and Walbridge, and within Perrysburg, Lake, and Troy townships, in | 443 |
Wood county. | 444 |
The Portage county municipal court has jurisdiction within | 445 |
Portage county. | 446 |
The Portsmouth municipal court has jurisdiction within Scioto | 447 |
county. | 448 |
The Putnam county municipal court has jurisdiction within | 449 |
Putnam county. | 450 |
The Rocky River municipal court has jurisdiction within the | 451 |
municipal corporations of Bay Village, Westlake, Fairview Park, | 452 |
and North Olmsted, and within Riveredge township, in Cuyahoga | 453 |
county. | 454 |
The Sandusky municipal court has jurisdiction within the | 455 |
municipal corporations of Castalia and Bay View, and within | 456 |
Perkins township, in Erie county. | 457 |
The Shaker Heights municipal court has jurisdiction within | 458 |
the municipal corporations of University Heights, Beachwood, | 459 |
Pepper Pike, and Hunting Valley in Cuyahoga county. | 460 |
The Shelby municipal court has jurisdiction within Sharon, | 461 |
Jackson, Cass, Plymouth, and Blooming Grove townships, and within | 462 |
all of Butler township except sections 35-36-31 and 32, in | 463 |
Richland county. | 464 |
The Sidney municipal court has jurisdiction within Shelby | 465 |
county. | 466 |
Beginning January 1, 2009, the Stow municipal court has | 467 |
jurisdiction within Boston, Hudson, Northfield Center, Sagamore | 468 |
Hills, and Twinsburg townships, and within the municipal | 469 |
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe | 470 |
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, | 471 |
Tallmadge, Twinsburg, and Macedonia, in Summit county. | 472 |
The Struthers municipal court has jurisdiction within the | 473 |
municipal corporations of Lowellville, New Middleton, and Poland, | 474 |
and within Poland and Springfield townships in Mahoning county. | 475 |
The Sylvania municipal court has jurisdiction within the | 476 |
municipal corporations of Berkey and Holland, and within Sylvania, | 477 |
Richfield, Spencer, and Harding townships, and within those | 478 |
portions of Swanton, Monclova, and Springfield townships lying | 479 |
north of the northerly boundary line of the Ohio turnpike, in | 480 |
Lucas county. | 481 |
The Tiffin municipal court has jurisdiction within Adams, Big | 482 |
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, | 483 |
Scipio, Seneca, Thompson, and Venice townships in Seneca county. | 484 |
The Toledo municipal court has jurisdiction within Washington | 485 |
township, and within the municipal corporation of Ottawa Hills, in | 486 |
Lucas county. | 487 |
The Upper Sandusky municipal court has jurisdiction within | 488 |
Wyandot county. | 489 |
The Vandalia municipal court has jurisdiction within the | 490 |
municipal corporations of Clayton, Englewood, and Union, and | 491 |
within Butler, Harrison, and Randolph townships, in Montgomery | 492 |
county. | 493 |
The Van Wert municipal court has jurisdiction within Van Wert | 494 |
county. | 495 |
The Vermilion municipal court has jurisdiction within the | 496 |
townships of Vermilion and Florence in Erie county and within all | 497 |
of Brownhelm township except within the municipal corporation of | 498 |
Lorain, in Lorain county. | 499 |
The Wadsworth municipal court has jurisdiction within the | 500 |
municipal corporations of Gloria Glens Park, Lodi, Seville, and | 501 |
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, | 502 |
Wadsworth, and Westfield townships in Medina county. | 503 |
The Warren municipal court has jurisdiction within Warren and | 504 |
Champion townships, and within all of Howland township except | 505 |
within the municipal corporation of Niles, in Trumbull county. | 506 |
The Washington Court House municipal court has jurisdiction | 507 |
within Fayette county. | 508 |
The Wayne county municipal court has jurisdiction within | 509 |
Wayne county. | 510 |
The Willoughby municipal court has jurisdiction within the | 511 |
municipal corporations of Eastlake, Wickliffe, Willowick, | 512 |
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, | 513 |
Timberlake, and Lakeline, and within Kirtland township, in Lake | 514 |
county. | 515 |
Through June 30, 1992, the Wilmington municipal court has | 516 |
jurisdiction within Clinton county. | 517 |
The Xenia municipal court has jurisdiction within | 518 |
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 519 |
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 520 |
Greene county. | 521 |
(C) As used in this section: | 522 |
(1) "Within a township" includes all land, including, but not | 523 |
limited to, any part of any municipal corporation, that is | 524 |
physically located within the territorial boundaries of that | 525 |
township, whether or not that land or municipal corporation is | 526 |
governmentally a part of the township. | 527 |
(2) "Within a municipal corporation" includes all land within | 528 |
the territorial boundaries of the municipal corporation and any | 529 |
townships that are coextensive with the municipal corporation. | 530 |
Sec. 1901.03. As used in this chapter: | 531 |
(A) "Territory" means the geographical areas within which | 532 |
municipal courts have jurisdiction as provided in sections 1901.01 | 533 |
and 1901.02 of the Revised Code. | 534 |
(B) "Legislative authority" means the legislative authority | 535 |
of the municipal corporation in which a municipal court, other | 536 |
than a county-operated municipal court, is located, and means the | 537 |
respective board of county commissioners of the county in which a | 538 |
county-operated municipal court is located. | 539 |
(C) "Chief executive" means the chief executive of the | 540 |
municipal corporation in which a municipal court, other than a | 541 |
county-operated municipal court, is located, and means the | 542 |
respective chairman of the board of county commissioners of the | 543 |
county in which a county-operated municipal court is located. | 544 |
(D) "City treasury" means the treasury of the municipal | 545 |
corporation in which a municipal court, other than a | 546 |
county-operated municipal court, is located. | 547 |
(E) "City treasurer" means the treasurer of the municipal | 548 |
corporation in which a municipal court, other than a | 549 |
county-operated municipal court, is located. | 550 |
(F) "County-operated municipal court" means the Auglaize | 551 |
county, Brown county, Carroll county, Clermont county, Columbiana | 552 |
county, Crawford county, Darke county, Hamilton county, Hocking | 553 |
county, Holmes county, Jackson county, Lawrence county, Madison | 554 |
county, Miami county, Morrow county, Ottawa county, Portage | 555 |
county, Putnam county, or Wayne county municipal court and, | 556 |
effective January 1, 2008, also includes the Erie county municipal | 557 |
court. | 558 |
(G) "A municipal corporation in which a municipal court is | 559 |
located" includes each municipal corporation named in section | 560 |
1901.01 of the Revised Code, but does not include one in which a | 561 |
judge sits pursuant to section 1901.021 of the Revised Code. | 562 |
Sec. 1901.07. (A) All municipal court judges shall be | 563 |
elected on the nonpartisan ballot for terms of six years. In a | 564 |
municipal court in which only one judge is to be elected in any | 565 |
one year, that judge's term commences on the first day of January | 566 |
after the election. In a municipal court in which two or more | 567 |
judges are to be elected in any one year, their terms commence on | 568 |
successive days beginning the first day of January, following the | 569 |
election, unless otherwise provided by section 1901.08 of the | 570 |
Revised Code. | 571 |
(B) All candidates for municipal court judge may be nominated | 572 |
either by nominating petition or by primary election, except that | 573 |
if the jurisdiction of a municipal court extends only to the | 574 |
corporate limits of the municipal corporation in which the court | 575 |
is located and that municipal corporation operates under a | 576 |
charter, all candidates shall be nominated in the same manner | 577 |
provided in the charter for the office of municipal court judge | 578 |
or, if no specific provisions are made in the charter for the | 579 |
office of municipal court judge, in the same manner as the charter | 580 |
prescribes for the nomination and election of the legislative | 581 |
authority of the municipal corporation. | 582 |
If the jurisdiction of a municipal court extends beyond the | 583 |
corporate limits of the municipal corporation in which it is | 584 |
located or if the jurisdiction of the court does not extend beyond | 585 |
the corporate limits of the municipal corporation in which it is | 586 |
located and no charter provisions apply, all candidates for party | 587 |
nomination to the office of municipal court judge shall file a | 588 |
declaration of candidacy and petition not later than four p.m. of | 589 |
the ninetieth day before the day of the primary election in the | 590 |
form prescribed by section 3513.07 of the Revised Code. The | 591 |
petition shall conform to the requirements provided for those | 592 |
petitions of candidacy contained in section 3513.05 of the Revised | 593 |
Code, except that the petition shall be signed by at least fifty | 594 |
electors of the territory of the court. If no valid declaration of | 595 |
candidacy is filed for nomination as a candidate of a political | 596 |
party for election to the office of municipal court judge, or if | 597 |
the number of persons filing the declarations of candidacy for | 598 |
nominations as candidates of one political party for election to | 599 |
the office does not exceed the number of candidates that that | 600 |
party is entitled to nominate as its candidates for election to | 601 |
the office, no primary election shall be held for the purpose of | 602 |
nominating candidates of that party for election to the office, | 603 |
and the candidates shall be issued certificates of nomination in | 604 |
the manner set forth in section 3513.02 of the Revised Code. | 605 |
If the jurisdiction of a municipal court extends beyond the | 606 |
corporate limits of the municipal corporation in which it is | 607 |
located or if the jurisdiction of the court does not extend beyond | 608 |
the corporate limits of the municipal corporation in which it is | 609 |
located and no charter provisions apply, nonpartisan candidates | 610 |
for the office of municipal court judge shall file nominating | 611 |
petitions not later than four p.m. of the day before the day of | 612 |
the primary election in the form prescribed by section 3513.261 of | 613 |
the Revised Code. The petition shall conform to the requirements | 614 |
provided for those petitions of candidacy contained in section | 615 |
3513.257 of the Revised Code, except that the petition shall be | 616 |
signed by at least fifty electors of the territory of the court. | 617 |
The nominating petition or declaration of candidacy for a | 618 |
municipal court judge shall contain a designation of the term for | 619 |
which the candidate seeks election. At the following regular | 620 |
municipal election, the candidacies of the judges nominated shall | 621 |
be submitted to the electors of the territory on a nonpartisan, | 622 |
judicial ballot in the same manner as provided for judges of the | 623 |
court of common pleas, except that, in a municipal corporation | 624 |
operating under a charter, all candidates for municipal court | 625 |
judge shall be elected in conformity with the charter if | 626 |
provisions are made in the charter for the election of municipal | 627 |
court judges. | 628 |
(C) Notwithstanding divisions (A) and (B) of this section, in | 629 |
the following municipal courts, the judges shall be nominated and | 630 |
elected as follows: | 631 |
(1) In the Cleveland municipal court, the judges shall be | 632 |
nominated only by petition. The petition shall be signed by at | 633 |
least fifty electors of the territory of the court. It shall be in | 634 |
the statutory form and shall be filed in the manner and within the | 635 |
time prescribed by the charter of the city of Cleveland for filing | 636 |
petitions of candidates for municipal offices. Each elector shall | 637 |
have the right to sign petitions for as many candidates as are to | 638 |
be elected, but no more. The judges shall be elected by the | 639 |
electors of the territory of the court in the manner provided by | 640 |
law for the election of judges of the court of common pleas. | 641 |
(2) In the Toledo municipal court, the judges shall be | 642 |
nominated only by petition. The petition shall be signed by at | 643 |
least fifty electors of the territory of the court. It shall be in | 644 |
the statutory form and shall be filed in the manner and within the | 645 |
time prescribed by the charter of the city of Toledo for filing | 646 |
nominating petitions for city council. Each elector shall have the | 647 |
right to sign petitions for as many candidates as are to be | 648 |
elected, but no more. The judges shall be elected by the electors | 649 |
of the territory of the court in the manner provided by law for | 650 |
the election of judges of the court of common pleas. | 651 |
(3) In the Akron municipal court, the judges shall be | 652 |
nominated only by petition. The petition shall be signed by at | 653 |
least fifty electors of the territory of the court. It shall be in | 654 |
statutory form and shall be filed in the manner and within the | 655 |
time prescribed by the charter of the city of Akron for filing | 656 |
nominating petitions of candidates for municipal offices. Each | 657 |
elector shall have the right to sign petitions for as many | 658 |
candidates as are to be elected, but no more. The judges shall be | 659 |
elected by the electors of the territory of the court in the | 660 |
manner provided by law for the election of judges of the court of | 661 |
common pleas. | 662 |
(4) In the Hamilton county municipal court, the judges shall | 663 |
be nominated only by petition. The petition shall be signed by at | 664 |
least fifty electors of the territory of the court, which | 665 |
petitions shall be signed, verified, and filed in the manner and | 666 |
within the time required by law for nominating petitions for | 667 |
members of council of the city of Cincinnati. The judges shall be | 668 |
elected by the electors of the territory of the court at the | 669 |
regular municipal election and in the manner provided by law for | 670 |
the election of judges of the court of common pleas. | 671 |
(5) In the Franklin county municipal court, the judges shall | 672 |
be nominated only by petition. The petition shall be signed by at | 673 |
least fifty electors of the territory of the court. The petition | 674 |
shall be in the statutory form and shall be filed in the manner | 675 |
and within the time prescribed by the charter of the city of | 676 |
Columbus for filing petitions of candidates for municipal offices. | 677 |
The judges shall be elected by the electors of the territory of | 678 |
the court in the manner provided by law for the election of judges | 679 |
of the court of common pleas. | 680 |
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford, | 681 |
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam, and | 682 |
Wayne county municipal courts, the judges shall be nominated only | 683 |
by petition. The petitions shall be signed by at least fifty | 684 |
electors of the territory of the court and shall conform to the | 685 |
provisions of this section. | 686 |
(D) In the Portage county municipal court, the judges shall | 687 |
be nominated either by nominating petition or by primary election, | 688 |
as provided in division (B) of this section. | 689 |
(E) As used in this section, as to an election for either a | 690 |
full or an unexpired term, "the territory within the jurisdiction | 691 |
of the court" means that territory as it will be on the first day | 692 |
of January after the election. | 693 |
Sec. 1901.08. The number of, and the time for election of, | 694 |
judges of the following municipal courts and the beginning of | 695 |
their terms shall be as follows: | 696 |
In the Akron municipal court, two full-time judges shall be | 697 |
elected in 1951, two full-time judges shall be elected in 1953, | 698 |
one full-time judge shall be elected in 1967, and one full-time | 699 |
judge shall be elected in 1975. | 700 |
In the Alliance municipal court, one full-time judge shall be | 701 |
elected in 1953. | 702 |
In the Ashland municipal court, one full-time judge shall be | 703 |
elected in 1951. | 704 |
In the Ashtabula municipal court, one full-time judge shall | 705 |
be elected in 1953. | 706 |
In the Athens county municipal court, one full-time judge | 707 |
shall be elected in 1967. | 708 |
In the Auglaize county municipal court, one full-time judge | 709 |
shall be elected in 1975. | 710 |
In the Avon Lake municipal court, one part-time judge shall | 711 |
be elected in 1957. | 712 |
In the Barberton municipal court, one full-time judge shall | 713 |
be elected in 1969, and one full-time judge shall be elected in | 714 |
1971. | 715 |
In the Bedford municipal court, one full-time judge shall be | 716 |
elected in 1975, and one full-time judge shall be elected in 1979. | 717 |
In the Bellefontaine municipal court, one full-time judge | 718 |
shall be elected in 1993. | 719 |
In the Bellevue municipal court, one part-time judge shall be | 720 |
elected in 1951. | 721 |
In the Berea municipal court, one full-time judge shall be | 722 |
elected in 2005. | 723 |
In the Bowling Green municipal court, one full-time judge | 724 |
shall be elected in 1983. | 725 |
In the Brown county municipal court, one full-time judge | 726 |
shall be elected in 2005. Beginning February 9, 2003, the | 727 |
part-time judge of the Brown county county court that existed | 728 |
prior to that date whose term commenced on January 2, 2001, shall | 729 |
serve as the full-time judge of the Brown county municipal court | 730 |
until December 31, 2005. | 731 |
In the Bryan municipal court, one full-time judge shall be | 732 |
elected in 1965. | 733 |
In the Cambridge municipal court, one full-time judge shall | 734 |
be elected in 1951. | 735 |
In the Campbell municipal court, one part-time judge shall be | 736 |
elected in 1963. | 737 |
In the Canton municipal court, one full-time judge shall be | 738 |
elected in 1951, one full-time judge shall be elected in 1969, and | 739 |
two full-time judges shall be elected in 1977. | 740 |
In the Carroll county municipal court, one full-time judge | 741 |
shall be elected in 2009. Beginning January 1, 2007, the judge | 742 |
elected in 2006 to the part-time judgeship of the Carroll county | 743 |
county court that existed prior to that date shall serve as the | 744 |
full-time judge of the Carroll county municipal court until | 745 |
December 31, 2009. | 746 |
In the Celina municipal court, one full-time judge shall be | 747 |
elected in 1957. | 748 |
In the Champaign county municipal court, one full-time judge | 749 |
shall be elected in 2001. | 750 |
In the Chardon municipal court, one part-time judge shall be | 751 |
elected in 1963. | 752 |
In the Chillicothe municipal court, one full-time judge shall | 753 |
be elected in 1951, and one full-time judge shall be elected in | 754 |
1977. | 755 |
In the Circleville municipal court, one full-time judge shall | 756 |
be elected in 1953. | 757 |
In the Clark county municipal court, one full-time judge | 758 |
shall be elected in 1989, and two full-time judges shall be | 759 |
elected in 1991. The full-time judges of the Springfield municipal | 760 |
court who were elected in 1983 and 1985 shall serve as the judges | 761 |
of the Clark county municipal court from January 1, 1988, until | 762 |
the end of their respective terms. | 763 |
In the Clermont county municipal court, two full-time judges | 764 |
shall be elected in 1991, and one full-time judge shall be elected | 765 |
in 1999. | 766 |
In the Cleveland municipal court, six full-time judges shall | 767 |
be elected in 1975, three full-time judges shall be elected in | 768 |
1953, and four full-time judges shall be elected in 1955. | 769 |
In the Cleveland Heights municipal court, one full-time judge | 770 |
shall be elected in 1957. | 771 |
In the Clinton county municipal court, one full-time judge | 772 |
shall be elected in 1997. The full-time judge of the Wilmington | 773 |
municipal court who was elected in 1991 shall serve as the judge | 774 |
of the Clinton county municipal court from July 1, 1992, until the | 775 |
end of that judge's term on December 31, 1997. | 776 |
In the Columbiana county municipal court, two full-time | 777 |
judges shall be elected in 2001. | 778 |
In the Conneaut municipal court, one full-time judge shall be | 779 |
elected in 1953. | 780 |
In the Coshocton municipal court, one full-time judge shall | 781 |
be elected in 1951. | 782 |
In the Crawford county municipal court, one full-time judge | 783 |
shall be elected in 1977. | 784 |
In the Cuyahoga Falls municipal court, one full-time judge | 785 |
shall be elected in 1953, and one full-time judge shall be elected | 786 |
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal | 787 |
court shall cease to exist; however, the judges of the Cuyahoga | 788 |
Falls municipal court who were elected pursuant to this section in | 789 |
2003 and 2007 for terms beginning on January 1, 2004, and January | 790 |
1, 2008, respectively, shall serve as full-time judges of the Stow | 791 |
municipal court until December 31, 2009, and December 31, 2013, | 792 |
respectively. | 793 |
In the Darke county municipal court, one full-time judge | 794 |
shall be elected in 2005. Beginning January 1, 2005, the part-time | 795 |
judge of the Darke county county court that existed prior to that | 796 |
date whose term began on January 1, 2001, shall serve as the | 797 |
full-time judge of the Darke county municipal court until December | 798 |
31, 2005. | 799 |
In the Dayton municipal court, three full-time judges shall | 800 |
be elected in 1987, their terms to commence on successive days | 801 |
beginning on the first day of January next after their election, | 802 |
and two full-time judges shall be elected in 1955, their terms to | 803 |
commence on successive days beginning on the second day of January | 804 |
next after their election. | 805 |
In the Defiance municipal court, one full-time judge shall be | 806 |
elected in 1957. | 807 |
In the Delaware municipal court, one full-time judge shall be | 808 |
elected in 1953, and one full-time judge shall be elected in 2007. | 809 |
In the East Cleveland municipal court, one full-time judge | 810 |
shall be elected in 1957. | 811 |
In the East Liverpool municipal court, one full-time judge | 812 |
shall be elected in 1953. | 813 |
In the Eaton municipal court, one full-time judge shall be | 814 |
elected in 1973. | 815 |
In the Elyria municipal court, one full-time judge shall be | 816 |
elected in 1955, and one full-time judge shall be elected in 1973. | 817 |
In the Erie county municipal court, one full-time judge shall | 818 |
be elected in 2007. | 819 |
In the Euclid municipal court, one full-time judge shall be | 820 |
elected in 1951. | 821 |
In the Fairborn municipal court, one full-time judge shall be | 822 |
elected in 1977. | 823 |
In the Fairfield county municipal court, one full-time judge | 824 |
shall be elected in 2003, and one full-time judge shall be elected | 825 |
in 2005. | 826 |
In the Fairfield municipal court, one full-time judge shall | 827 |
be elected in 1989. | 828 |
In the Findlay municipal court, one full-time judge shall be | 829 |
elected in 1955, and one full-time judge shall be elected in 1993. | 830 |
In the Fostoria municipal court, one full-time judge shall be | 831 |
elected in 1975. | 832 |
In the Franklin municipal court, one part-time judge shall be | 833 |
elected in 1951. | 834 |
In the Franklin county municipal court, two full-time judges | 835 |
shall be elected in 1969, three full-time judges shall be elected | 836 |
in 1971, seven full-time judges shall be elected in 1967, one | 837 |
full-time judge shall be elected in 1975, one full-time judge | 838 |
shall be elected in 1991, and one full-time judge shall be elected | 839 |
in 1997. | 840 |
In the Fremont municipal court, one full-time judge shall be | 841 |
elected in 1975. | 842 |
In the Gallipolis municipal court, one full-time judge shall | 843 |
be elected in 1981. | 844 |
In the Garfield Heights municipal court, one full-time judge | 845 |
shall be elected in 1951, and one full-time judge shall be elected | 846 |
in 1981. | 847 |
In the Girard municipal court, one full-time judge shall be | 848 |
elected in 1963. | 849 |
In the Hamilton municipal court, one full-time judge shall be | 850 |
elected in 1953. | 851 |
In the Hamilton county municipal court, five full-time judges | 852 |
shall be elected in 1967, five full-time judges shall be elected | 853 |
in 1971, two full-time judges shall be elected in 1981, and two | 854 |
full-time judges shall be elected in 1983. All terms of judges of | 855 |
the Hamilton county municipal court shall commence on the first | 856 |
day of January next after their election, except that the terms of | 857 |
the additional judges to be elected in 1981 shall commence on | 858 |
January 2, 1982, and January 3, 1982, and that the terms of the | 859 |
additional judges to be elected in 1983 shall commence on January | 860 |
4, 1984, and January 5, 1984. | 861 |
In the Hardin county municipal court, one part-time judge | 862 |
shall be elected in 1989. | 863 |
In the Hillsboro municipal court, one full-time judge shall | 864 |
be elected in 2011. On and after | 865 |
866 | |
municipal court who was elected in 2005 shall serve as a full-time | 867 |
judge of the court until the end of that judge's term on December | 868 |
31, 2011. | 869 |
In the Hocking county municipal court, one full-time judge | 870 |
shall be elected in 1977. | 871 |
In the Holmes county municipal court, one full-time judge | 872 |
shall be elected in 2007. Beginning January 1, 2007, the part-time | 873 |
judge of the Holmes county county court that existed prior to that | 874 |
date whose term commenced on January 1, 2007, shall serve as the | 875 |
full-time judge of the Holmes county municipal court until | 876 |
December 31, 2007. | 877 |
In the Huron municipal court, one part-time judge shall be | 878 |
elected in 1967. | 879 |
In the Ironton municipal court, one full-time judge shall be | 880 |
elected in 1951. | 881 |
In the Jackson county municipal court, one full-time judge | 882 |
shall be elected in 2001. On and after March 31, 1997, the | 883 |
part-time judge of the Jackson county municipal court who was | 884 |
elected in 1995 shall serve as a full-time judge of the court | 885 |
until the end of that judge's term on December 31, 2001. | 886 |
In the Kettering municipal court, one full-time judge shall | 887 |
be elected in 1971, and one full-time judge shall be elected in | 888 |
1975. | 889 |
In the Lakewood municipal court, one full-time judge shall be | 890 |
elected in 1955. | 891 |
In the Lancaster municipal court, one full-time judge shall | 892 |
be elected in 1951, and one full-time judge shall be elected in | 893 |
1979. Beginning January 2, 2000, the full-time judges of the | 894 |
Lancaster municipal court who were elected in 1997 and 1999 shall | 895 |
serve as judges of the Fairfield county municipal court until the | 896 |
end of those judges' terms. | 897 |
In the Lawrence county municipal court, one part-time judge | 898 |
shall be elected in 1981. | 899 |
In the Lebanon municipal court, one part-time judge shall be | 900 |
elected in 1955. | 901 |
In the Licking county municipal court, one full-time judge | 902 |
shall be elected in 1951, and one full-time judge shall be elected | 903 |
in 1971. | 904 |
In the Lima municipal court, one full-time judge shall be | 905 |
elected in 1951, and one full-time judge shall be elected in 1967. | 906 |
In the Lorain municipal court, one full-time judge shall be | 907 |
elected in 1953, and one full-time judge shall be elected in 1973. | 908 |
In the Lyndhurst municipal court, one part-time judge shall | 909 |
be elected in 1957. | 910 |
In the Madison county municipal court, one full-time judge | 911 |
shall be elected in 1981. | 912 |
In the Mansfield municipal court, one full-time judge shall | 913 |
be elected in 1951, and one full-time judge shall be elected in | 914 |
1969. | 915 |
In the Marietta municipal court, one full-time judge shall be | 916 |
elected in 1957. | 917 |
In the Marion municipal court, one full-time judge shall be | 918 |
elected in 1951. | 919 |
In the Marysville municipal court, one full-time judge shall | 920 |
be elected in 2011. On and after January 18, 2007, the part-time | 921 |
judge of the Marysville municipal court who was elected in 2005 | 922 |
shall serve as a full-time judge of the court until the end of | 923 |
that judge's term on December 31, 2011. | 924 |
In the Mason municipal court, one part-time judge shall be | 925 |
elected in 1965. | 926 |
In the Massillon municipal court, one full-time judge shall | 927 |
be elected in 1953, and one full-time judge shall be elected in | 928 |
1971. | 929 |
In the Maumee municipal court, one full-time judge shall be | 930 |
elected in 1963. | 931 |
In the Medina municipal court, one full-time judge shall be | 932 |
elected in 1957. | 933 |
In the Mentor municipal court, one full-time judge shall be | 934 |
elected in 1971. | 935 |
In the Miami county municipal court, one full-time judge | 936 |
shall be elected in 1975, and one full-time judge shall be elected | 937 |
in 1979. | 938 |
In the Miamisburg municipal court, one part-time judge shall | 939 |
be elected in 1951. | 940 |
In the Middletown municipal court, one full-time judge shall | 941 |
be elected in 1953. | 942 |
In the Morrow county municipal court, one full-time judge | 943 |
shall be elected in 2005. Beginning January 1, 2003, the part-time | 944 |
judge of the Morrow county county court that existed prior to that | 945 |
date shall serve as the full-time judge of the Morrow county | 946 |
municipal court until December 31, 2005. | 947 |
In the Mount Vernon municipal court, one full-time judge | 948 |
shall be elected in 1951. | 949 |
In the Napoleon municipal court, one full-time judge shall be | 950 |
elected in 2005. | 951 |
In the New Philadelphia municipal court, one full-time judge | 952 |
shall be elected in 1975. | 953 |
In the Newton Falls municipal court, one full-time judge | 954 |
shall be elected in 1963. | 955 |
In the Niles municipal court, one full-time judge shall be | 956 |
elected in 1951. | 957 |
In the Norwalk municipal court, one full-time judge shall be | 958 |
elected in 1975. | 959 |
In the Oakwood municipal court, one part-time judge shall be | 960 |
elected in 1953. | 961 |
In the Oberlin municipal court, one full-time judge shall be | 962 |
elected in 1989. | 963 |
In the Oregon municipal court, one full-time judge shall be | 964 |
elected in 1963. | 965 |
In the Ottawa county municipal court, one full-time judge | 966 |
shall be elected in 1995, and the full-time judge of the Port | 967 |
Clinton municipal court who is elected in 1989 shall serve as the | 968 |
judge of the Ottawa county municipal court from February 4, 1994, | 969 |
until the end of that judge's term. | 970 |
In the Painesville municipal court, one full-time judge shall | 971 |
be elected in 1951. | 972 |
In the Parma municipal court, one full-time judge shall be | 973 |
elected in 1951, one full-time judge shall be elected in 1967, and | 974 |
one full-time judge shall be elected in 1971. | 975 |
In the Perrysburg municipal court, one full-time judge shall | 976 |
be elected in 1977. | 977 |
In the Portage county municipal court, two full-time judges | 978 |
shall be elected in 1979, and one full-time judge shall be elected | 979 |
in 1971. | 980 |
In the Port Clinton municipal court, one full-time judge | 981 |
shall be elected in 1953. The full-time judge of the Port Clinton | 982 |
municipal court who is elected in 1989 shall serve as the judge of | 983 |
the Ottawa county municipal court from February 4, 1994, until the | 984 |
end of that judge's term. | 985 |
In the Portsmouth municipal court, one full-time judge shall | 986 |
be elected in 1951, and one full-time judge shall be elected in | 987 |
1985. | 988 |
In the Putnam county municipal court, one full-time judge | 989 |
shall be elected in 2011. Beginning January 1, 2011, the part-time | 990 |
judge of the Putnam county county court that existed prior to that | 991 |
date whose term commenced on January 1, 2007, shall serve as the | 992 |
full-time judge of the Putnam county municipal court until | 993 |
December 31, 2011. | 994 |
In the Rocky River municipal court, one full-time judge shall | 995 |
be elected in 1957, and one full-time judge shall be elected in | 996 |
1971. | 997 |
In the Sandusky municipal court, one full-time judge shall be | 998 |
elected in 1953. | 999 |
In the Shaker Heights municipal court, one full-time judge | 1000 |
shall be elected in 1957. | 1001 |
In the Shelby municipal court, one part-time judge shall be | 1002 |
elected in 1957. | 1003 |
In the Sidney municipal court, one full-time judge shall be | 1004 |
elected in 1995. | 1005 |
In the South Euclid municipal court, one full-time judge | 1006 |
shall be elected in 1999. The part-time judge elected in 1993, | 1007 |
whose term commenced on January 1, 1994, shall serve until | 1008 |
December 31, 1999, and the office of that judge is abolished on | 1009 |
January 1, 2000. | 1010 |
In the Springfield municipal court, two full-time judges | 1011 |
shall be elected in 1985, and one full-time judge shall be elected | 1012 |
in 1983, all of whom shall serve as the judges of the Springfield | 1013 |
municipal court through December 31, 1987, and as the judges of | 1014 |
the Clark county municipal court from January 1, 1988, until the | 1015 |
end of their respective terms. | 1016 |
In the Steubenville municipal court, one full-time judge | 1017 |
shall be elected in 1953. | 1018 |
In the Stow municipal court, one full-time judge shall be | 1019 |
elected in 2009, and one full-time judge shall be elected in 2013. | 1020 |
Beginning January 1, 2009, the judge of the Cuyahoga Falls | 1021 |
municipal court that existed prior to that date whose term | 1022 |
commenced on January 1, 2008, shall serve as a full-time judge of | 1023 |
the Stow municipal court until December 31, 2013. Beginning | 1024 |
January 1, 2009, the judge of the Cuyahoga Falls municipal court | 1025 |
that existed prior to that date whose term commenced on January 1, | 1026 |
2004, shall serve as a full-time judge of the Stow municipal court | 1027 |
until December 31, 2009. | 1028 |
In the Struthers municipal court, one part-time judge shall | 1029 |
be elected in 1963. | 1030 |
In the Sylvania municipal court, one full-time judge shall be | 1031 |
elected in 1963. | 1032 |
In the Tiffin municipal court, one full-time judge shall be | 1033 |
elected in 1953. | 1034 |
In the Toledo municipal court, two full-time judges shall be | 1035 |
elected in 1971, four full-time judges shall be elected in 1975, | 1036 |
and one full-time judge shall be elected in 1973. | 1037 |
In the Upper Sandusky municipal court, one full-time judge | 1038 |
shall be elected in 2011. The part-time judge elected in 2005, | 1039 |
whose term commenced on January 1, 2006, shall serve as a | 1040 |
full-time judge on and after January 1, 2008, until the expiration | 1041 |
of that judge's term on December 31, 2011, and the office of that | 1042 |
judge is abolished on January 1, 2012. | 1043 |
In the Vandalia municipal court, one full-time judge shall be | 1044 |
elected in 1959. | 1045 |
In the Van Wert municipal court, one full-time judge shall be | 1046 |
elected in 1957. | 1047 |
In the Vermilion municipal court, one part-time judge shall | 1048 |
be elected in 1965. | 1049 |
In the Wadsworth municipal court, one full-time judge shall | 1050 |
be elected in 1981. | 1051 |
In the Warren municipal court, one full-time judge shall be | 1052 |
elected in 1951, and one full-time judge shall be elected in 1971. | 1053 |
In the Washington Court House municipal court, one full-time | 1054 |
judge shall be elected in 1999. The part-time judge elected in | 1055 |
1993, whose term commenced on January 1, 1994, shall serve until | 1056 |
December 31, 1999, and the office of that judge is abolished on | 1057 |
January 1, 2000. | 1058 |
In the Wayne county municipal court, one full-time judge | 1059 |
shall be elected in 1975, and one full-time judge shall be elected | 1060 |
in 1979. | 1061 |
In the Willoughby municipal court, one full-time judge shall | 1062 |
be elected in 1951. | 1063 |
In the Wilmington municipal court, one full-time judge shall | 1064 |
be elected in 1991, who shall serve as the judge of the Wilmington | 1065 |
municipal court through June 30, 1992, and as the judge of the | 1066 |
Clinton county municipal court from July 1, 1992, until the end of | 1067 |
that judge's term on December 31, 1997. | 1068 |
In the Xenia municipal court, one full-time judge shall be | 1069 |
elected in 1977. | 1070 |
In the Youngstown municipal court, one full-time judge shall | 1071 |
be elected in 1951, and two full-time judges shall be elected in | 1072 |
1953. | 1073 |
In the Zanesville municipal court, one full-time judge shall | 1074 |
be elected in 1953. | 1075 |
Sec. 1901.31. The clerk and deputy clerks of a municipal | 1076 |
court shall be selected, be compensated, give bond, and have | 1077 |
powers and duties as follows: | 1078 |
(A) There shall be a clerk of the court who is appointed or | 1079 |
elected as follows: | 1080 |
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 1081 |
county, Portage county, and Wayne county municipal courts and | 1082 |
through December 31, 2008, the Cuyahoga Falls municipal court, if | 1083 |
the population of the territory equals or exceeds one hundred | 1084 |
thousand at the regular municipal election immediately preceding | 1085 |
the expiration of the term of the present clerk, the clerk shall | 1086 |
be nominated and elected by the qualified electors of the | 1087 |
territory in the manner that is provided for the nomination and | 1088 |
election of judges in section 1901.07 of the Revised Code. | 1089 |
The clerk so elected shall hold office for a term of six | 1090 |
years, which term shall commence on the first day of January | 1091 |
following the clerk's election and continue until the clerk's | 1092 |
successor is elected and qualified. | 1093 |
(b) In the Hamilton county municipal court, the clerk of | 1094 |
courts of Hamilton county shall be the clerk of the municipal | 1095 |
court and may appoint an assistant clerk who shall receive the | 1096 |
compensation, payable out of the treasury of Hamilton county in | 1097 |
semimonthly installments, that the board of county commissioners | 1098 |
prescribes. The clerk of courts of Hamilton county, acting as the | 1099 |
clerk of the Hamilton county municipal court and assuming the | 1100 |
duties of that office, shall receive compensation at one-fourth | 1101 |
the rate that is prescribed for the clerks of courts of common | 1102 |
pleas as determined in accordance with the population of the | 1103 |
county and the rates set forth in sections 325.08 and 325.18 of | 1104 |
the Revised Code. This compensation shall be paid from the county | 1105 |
treasury in semimonthly installments and is in addition to the | 1106 |
annual compensation that is received for the performance of the | 1107 |
duties of the clerk of courts of Hamilton county, as provided in | 1108 |
sections 325.08 and 325.18 of the Revised Code. | 1109 |
(c) In the Portage county and Wayne county municipal courts, | 1110 |
the clerks of courts of Portage county and Wayne county shall be | 1111 |
the clerks, respectively, of the Portage county and Wayne county | 1112 |
municipal courts and may appoint a chief deputy clerk for each | 1113 |
branch that is established pursuant to section 1901.311 of the | 1114 |
Revised Code and assistant clerks as the judges of the municipal | 1115 |
court determine are necessary, all of whom shall receive the | 1116 |
compensation that the legislative authority prescribes. The clerks | 1117 |
of courts of Portage county and Wayne county, acting as the clerks | 1118 |
of the Portage county and Wayne county municipal courts and | 1119 |
assuming the duties of these offices, shall receive compensation | 1120 |
payable from the county treasury in semimonthly installments at | 1121 |
one-fourth the rate that is prescribed for the clerks of courts of | 1122 |
common pleas as determined in accordance with the population of | 1123 |
the county and the rates set forth in sections 325.08 and 325.18 | 1124 |
of the Revised Code. | 1125 |
(d) Except as otherwise provided in division (A)(1)(d) of | 1126 |
this section, in the Akron municipal court, candidates for | 1127 |
election to the office of clerk of the court shall be nominated by | 1128 |
primary election. The primary election shall be held on the day | 1129 |
specified in the charter of the city of Akron for the nomination | 1130 |
of municipal officers. Notwithstanding any contrary provision of | 1131 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1132 |
of candidacy and petitions of partisan candidates and the | 1133 |
nominating petitions of independent candidates for the office of | 1134 |
clerk of the Akron municipal court shall be signed by at least | 1135 |
fifty qualified electors of the territory of the court. | 1136 |
The candidates shall file a declaration of candidacy and | 1137 |
petition, or a nominating petition, whichever is applicable, not | 1138 |
later than four p.m. of the ninetieth day before the day of the | 1139 |
primary election, in the form prescribed by section 3513.07 or | 1140 |
3513.261 of the Revised Code. The declaration of candidacy and | 1141 |
petition, or the nominating petition, shall conform to the | 1142 |
applicable requirements of section 3513.05 or 3513.257 of the | 1143 |
Revised Code. | 1144 |
If no valid declaration of candidacy and petition is filed by | 1145 |
any person for nomination as a candidate of a particular political | 1146 |
party for election to the office of clerk of the Akron municipal | 1147 |
court, a primary election shall not be held for the purpose of | 1148 |
nominating a candidate of that party for election to that office. | 1149 |
If only one person files a valid declaration of candidacy and | 1150 |
petition for nomination as a candidate of a particular political | 1151 |
party for election to that office, a primary election shall not be | 1152 |
held for the purpose of nominating a candidate of that party for | 1153 |
election to that office, and the candidate shall be issued a | 1154 |
certificate of nomination in the manner set forth in section | 1155 |
3513.02 of the Revised Code. | 1156 |
Declarations of candidacy and petitions, nominating | 1157 |
petitions, and certificates of nomination for the office of clerk | 1158 |
of the Akron municipal court shall contain a designation of the | 1159 |
term for which the candidate seeks election. At the following | 1160 |
regular municipal election, all candidates for the office shall be | 1161 |
submitted to the qualified electors of the territory of the court | 1162 |
in the manner that is provided in section 1901.07 of the Revised | 1163 |
Code for the election of the judges of the court. The clerk so | 1164 |
elected shall hold office for a term of six years, which term | 1165 |
shall commence on the first day of January following the clerk's | 1166 |
election and continue until the clerk's successor is elected and | 1167 |
qualified. | 1168 |
(e) Except as otherwise provided in division (A)(1)(e) of | 1169 |
this section, in the Barberton municipal court, candidates for | 1170 |
election to the office of clerk of the court shall be nominated by | 1171 |
primary election. The primary election shall be held on the day | 1172 |
specified in the charter of the city of Barberton for the | 1173 |
nomination of municipal officers. Notwithstanding any contrary | 1174 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 1175 |
declarations of candidacy and petitions of partisan candidates and | 1176 |
the nominating petitions of independent candidates for the office | 1177 |
of clerk of the Barberton municipal court shall be signed by at | 1178 |
least fifty qualified electors of the territory of the court. | 1179 |
The candidates shall file a declaration of candidacy and | 1180 |
petition, or a nominating petition, whichever is applicable, not | 1181 |
later than four p.m. of the ninetieth day before the day of the | 1182 |
primary election, in the form prescribed by section 3513.07 or | 1183 |
3513.261 of the Revised Code. The declaration of candidacy and | 1184 |
petition, or the nominating petition, shall conform to the | 1185 |
applicable requirements of section 3513.05 or 3513.257 of the | 1186 |
Revised Code. | 1187 |
If no valid declaration of candidacy and petition is filed by | 1188 |
any person for nomination as a candidate of a particular political | 1189 |
party for election to the office of clerk of the Barberton | 1190 |
municipal court, a primary election shall not be held for the | 1191 |
purpose of nominating a candidate of that party for election to | 1192 |
that office. If only one person files a valid declaration of | 1193 |
candidacy and petition for nomination as a candidate of a | 1194 |
particular political party for election to that office, a primary | 1195 |
election shall not be held for the purpose of nominating a | 1196 |
candidate of that party for election to that office, and the | 1197 |
candidate shall be issued a certificate of nomination in the | 1198 |
manner set forth in section 3513.02 of the Revised Code. | 1199 |
Declarations of candidacy and petitions, nominating | 1200 |
petitions, and certificates of nomination for the office of clerk | 1201 |
of the Barberton municipal court shall contain a designation of | 1202 |
the term for which the candidate seeks election. At the following | 1203 |
regular municipal election, all candidates for the office shall be | 1204 |
submitted to the qualified electors of the territory of the court | 1205 |
in the manner that is provided in section 1901.07 of the Revised | 1206 |
Code for the election of the judges of the court. The clerk so | 1207 |
elected shall hold office for a term of six years, which term | 1208 |
shall commence on the first day of January following the clerk's | 1209 |
election and continue until the clerk's successor is elected and | 1210 |
qualified. | 1211 |
(f)(i) Through December 31, 2008, except as otherwise | 1212 |
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 1213 |
Falls municipal court, candidates for election to the office of | 1214 |
clerk of the court shall be nominated by primary election. The | 1215 |
primary election shall be held on the day specified in the charter | 1216 |
of the city of Cuyahoga Falls for the nomination of municipal | 1217 |
officers. Notwithstanding any contrary provision of section | 1218 |
3513.05 or 3513.257 of the Revised Code, the declarations of | 1219 |
candidacy and petitions of partisan candidates and the nominating | 1220 |
petitions of independent candidates for the office of clerk of the | 1221 |
Cuyahoga Falls municipal court shall be signed by at least fifty | 1222 |
qualified electors of the territory of the court. | 1223 |
The candidates shall file a declaration of candidacy and | 1224 |
petition, or a nominating petition, whichever is applicable, not | 1225 |
later than four p.m. of the ninetieth day before the day of the | 1226 |
primary election, in the form prescribed by section 3513.07 or | 1227 |
3513.261 of the Revised Code. The declaration of candidacy and | 1228 |
petition, or the nominating petition, shall conform to the | 1229 |
applicable requirements of section 3513.05 or 3513.257 of the | 1230 |
Revised Code. | 1231 |
If no valid declaration of candidacy and petition is filed by | 1232 |
any person for nomination as a candidate of a particular political | 1233 |
party for election to the office of clerk of the Cuyahoga Falls | 1234 |
municipal court, a primary election shall not be held for the | 1235 |
purpose of nominating a candidate of that party for election to | 1236 |
that office. If only one person files a valid declaration of | 1237 |
candidacy and petition for nomination as a candidate of a | 1238 |
particular political party for election to that office, a primary | 1239 |
election shall not be held for the purpose of nominating a | 1240 |
candidate of that party for election to that office, and the | 1241 |
candidate shall be issued a certificate of nomination in the | 1242 |
manner set forth in section 3513.02 of the Revised Code. | 1243 |
Declarations of candidacy and petitions, nominating | 1244 |
petitions, and certificates of nomination for the office of clerk | 1245 |
of the Cuyahoga Falls municipal court shall contain a designation | 1246 |
of the term for which the candidate seeks election. At the | 1247 |
following regular municipal election, all candidates for the | 1248 |
office shall be submitted to the qualified electors of the | 1249 |
territory of the court in the manner that is provided in section | 1250 |
1901.07 of the Revised Code for the election of the judges of the | 1251 |
court. The clerk so elected shall hold office for a term of six | 1252 |
years, which term shall commence on the first day of January | 1253 |
following the clerk's election and continue until the clerk's | 1254 |
successor is elected and qualified. | 1255 |
(ii) Division (A)(1)(f)(i) of this section shall have no | 1256 |
effect after December 31, 2008. | 1257 |
(g) Except as otherwise provided in division (A)(1)(g) of | 1258 |
this section, in the Toledo municipal court, candidates for | 1259 |
election to the office of clerk of the court shall be nominated by | 1260 |
primary election. The primary election shall be held on the day | 1261 |
specified in the charter of the city of Toledo for the nomination | 1262 |
of municipal officers. Notwithstanding any contrary provision of | 1263 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1264 |
of candidacy and petitions of partisan candidates and the | 1265 |
nominating petitions of independent candidates for the office of | 1266 |
clerk of the Toledo municipal court shall be signed by at least | 1267 |
fifty qualified electors of the territory of the court. | 1268 |
The candidates shall file a declaration of candidacy and | 1269 |
petition, or a nominating petition, whichever is applicable, not | 1270 |
later than four p.m. of the ninetieth day before the day of the | 1271 |
primary election, in the form prescribed by section 3513.07 or | 1272 |
3513.261 of the Revised Code. The declaration of candidacy and | 1273 |
petition, or the nominating petition, shall conform to the | 1274 |
applicable requirements of section 3513.05 or 3513.257 of the | 1275 |
Revised Code. | 1276 |
If no valid declaration of candidacy and petition is filed by | 1277 |
any person for nomination as a candidate of a particular political | 1278 |
party for election to the office of clerk of the Toledo municipal | 1279 |
court, a primary election shall not be held for the purpose of | 1280 |
nominating a candidate of that party for election to that office. | 1281 |
If only one person files a valid declaration of candidacy and | 1282 |
petition for nomination as a candidate of a particular political | 1283 |
party for election to that office, a primary election shall not be | 1284 |
held for the purpose of nominating a candidate of that party for | 1285 |
election to that office, and the candidate shall be issued a | 1286 |
certificate of nomination in the manner set forth in section | 1287 |
3513.02 of the Revised Code. | 1288 |
Declarations of candidacy and petitions, nominating | 1289 |
petitions, and certificates of nomination for the office of clerk | 1290 |
of the Toledo municipal court shall contain a designation of the | 1291 |
term for which the candidate seeks election. At the following | 1292 |
regular municipal election, all candidates for the office shall be | 1293 |
submitted to the qualified electors of the territory of the court | 1294 |
in the manner that is provided in section 1901.07 of the Revised | 1295 |
Code for the election of the judges of the court. The clerk so | 1296 |
elected shall hold office for a term of six years, which term | 1297 |
shall commence on the first day of January following the clerk's | 1298 |
election and continue until the clerk's successor is elected and | 1299 |
qualified. | 1300 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 1301 |
county, Columbiana county, Holmes county, Putnam county, Lorain, | 1302 |
Massillon, and Youngstown municipal courts, in a municipal court | 1303 |
for which the population of the territory is less than one hundred | 1304 |
thousand, the clerk shall be appointed by the court, and the clerk | 1305 |
shall hold office until the clerk's successor is appointed and | 1306 |
qualified. | 1307 |
(b) In the Alliance, Lorain, Massillon, and Youngstown | 1308 |
municipal courts, the clerk shall be elected for a term of office | 1309 |
as described in division (A)(1)(a) of this section. | 1310 |
(c) In the Auglaize county, Brown county, | 1311 |
and Putnam county municipal courts, the clerks of courts of | 1312 |
Auglaize county, Brown county, | 1313 |
county shall be the clerks, respectively, of the Auglaize county, | 1314 |
Brown county, | 1315 |
courts and may appoint a chief deputy clerk for each branch office | 1316 |
that is established pursuant to section 1901.311 of the Revised | 1317 |
Code, and assistant clerks as the judge of the court determines | 1318 |
are necessary, all of whom shall receive the compensation that the | 1319 |
legislative authority prescribes. The clerks of courts of Auglaize | 1320 |
county, Brown county, | 1321 |
as the clerks of the Auglaize county, Brown county, | 1322 |
county, and Putnam county municipal courts and assuming the duties | 1323 |
of these offices, shall receive compensation payable from the | 1324 |
county treasury in semimonthly installments at one-fourth the rate | 1325 |
that is prescribed for the clerks of courts of common pleas as | 1326 |
determined in accordance with the population of the county and the | 1327 |
rates set forth in sections 325.08 and 325.18 of the Revised Code. | 1328 |
(d) In the Columbiana county municipal court, the clerk of | 1329 |
courts of Columbiana county shall be the clerk of the municipal | 1330 |
court, may appoint a chief deputy clerk for each branch office | 1331 |
that is established pursuant to section 1901.311 of the Revised | 1332 |
Code, and may appoint any assistant clerks that the judges of the | 1333 |
court determine are necessary. All of the chief deputy clerks and | 1334 |
assistant clerks shall receive the compensation that the | 1335 |
legislative authority prescribes. The clerk of courts of | 1336 |
Columbiana county, acting as the clerk of the Columbiana county | 1337 |
municipal court and assuming the duties of that office, shall | 1338 |
receive in either biweekly installments or semimonthly | 1339 |
installments, as determined by the payroll administrator, | 1340 |
compensation payable from the county treasury at one-fourth the | 1341 |
rate that is prescribed for the clerks of courts of common pleas | 1342 |
as determined in accordance with the population of the county and | 1343 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 1344 |
Code. | 1345 |
(3) During the temporary absence of the clerk due to illness, | 1346 |
vacation, or other proper cause, the court may appoint a temporary | 1347 |
clerk, who shall be paid the same compensation, have the same | 1348 |
authority, and perform the same duties as the clerk. | 1349 |
(B) Except in the Hamilton county, Portage county, and Wayne | 1350 |
county municipal courts, if a vacancy occurs in the office of the | 1351 |
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 1352 |
court or occurs in the office of the clerk of a municipal court | 1353 |
for which the population of the territory equals or exceeds one | 1354 |
hundred thousand because the clerk ceases to hold the office | 1355 |
before the end of the clerk's term or because a clerk-elect fails | 1356 |
to take office, the vacancy shall be filled, until a successor is | 1357 |
elected and qualified, by a person chosen by the residents of the | 1358 |
territory of the court who are members of the county central | 1359 |
committee of the political party by which the last occupant of | 1360 |
that office or the clerk-elect was nominated. Not less than five | 1361 |
nor more than fifteen days after a vacancy occurs, those members | 1362 |
of that county central committee shall meet to make an appointment | 1363 |
to fill the vacancy. At least four days before the date of the | 1364 |
meeting, the chairperson or a secretary of the county central | 1365 |
committee shall notify each such member of that county central | 1366 |
committee by first class mail of the date, time, and place of the | 1367 |
meeting and its purpose. A majority of all such members of that | 1368 |
county central committee constitutes a quorum, and a majority of | 1369 |
the quorum is required to make the appointment. If the office so | 1370 |
vacated was occupied or was to be occupied by a person not | 1371 |
nominated at a primary election, or if the appointment was not | 1372 |
made by the committee members in accordance with this division, | 1373 |
the court shall make an appointment to fill the vacancy. A | 1374 |
successor shall be elected to fill the office for the unexpired | 1375 |
term at the first municipal election that is held more than one | 1376 |
hundred thirty-five days after the vacancy occurred. | 1377 |
(C)(1) In a municipal court, other than the Auglaize county, | 1378 |
the Brown county, the Columbiana county, the Holmes county, the | 1379 |
Putnam county, and the Lorain municipal courts, for which the | 1380 |
population of the territory is less than one hundred thousand, the | 1381 |
clerk of the municipal court shall receive the annual compensation | 1382 |
that the presiding judge of the court prescribes, if the revenue | 1383 |
of the court for the preceding calendar year, as certified by the | 1384 |
auditor or chief fiscal officer of the municipal corporation in | 1385 |
which the court is located or, in the case of a county-operated | 1386 |
municipal court, the county auditor, is equal to or greater than | 1387 |
the expenditures, including any debt charges, for the operation of | 1388 |
the court payable under this chapter from the city treasury or, in | 1389 |
the case of a county-operated municipal court, the county treasury | 1390 |
for that calendar year, as also certified by the auditor or chief | 1391 |
fiscal officer. If the revenue of a municipal court, other than | 1392 |
the Auglaize county, the Brown county, the Columbiana county, the | 1393 |
Putnam county, and the Lorain municipal courts, for which the | 1394 |
population of the territory is less than one hundred thousand for | 1395 |
the preceding calendar year as so certified is not equal to or | 1396 |
greater than those expenditures for the operation of the court for | 1397 |
that calendar year as so certified, the clerk of a municipal court | 1398 |
shall receive the annual compensation that the legislative | 1399 |
authority prescribes. As used in this division, "revenue" means | 1400 |
the total of all costs and fees that are collected and paid to the | 1401 |
city treasury or, in a county-operated municipal court, the county | 1402 |
treasury by the clerk of the municipal court under division (F) of | 1403 |
this section and all interest received and paid to the city | 1404 |
treasury or, in a county-operated municipal court, the county | 1405 |
treasury in relation to the costs and fees under division (G) of | 1406 |
this section. | 1407 |
(2) In a municipal court, other than the Hamilton county, | 1408 |
Portage county, and Wayne county municipal courts, for which the | 1409 |
population of the territory is one hundred thousand or more, and | 1410 |
in the Lorain municipal court, the clerk of the municipal court | 1411 |
shall receive annual compensation in a sum equal to eighty-five | 1412 |
per cent of the salary of a judge of the court. | 1413 |
(3) The compensation of a clerk described in division (C)(1) | 1414 |
or (2) of this section and of the clerk of the Columbiana county | 1415 |
municipal court is payable in either semimonthly installments or | 1416 |
biweekly installments, as determined by the payroll administrator, | 1417 |
from the same sources and in the same manner as provided in | 1418 |
section 1901.11 of the Revised Code, except that the compensation | 1419 |
of the clerk of the Carroll county municipal court is payable in | 1420 |
biweekly installments. | 1421 |
(D) Before entering upon the duties of the clerk's office, | 1422 |
the clerk of a municipal court shall give bond of not less than | 1423 |
six thousand dollars to be determined by the judges of the court, | 1424 |
conditioned upon the faithful performance of the clerk's duties. | 1425 |
(E) The clerk of a municipal court may do all of the | 1426 |
following: administer oaths, take affidavits, and issue executions | 1427 |
upon any judgment rendered in the court, including a judgment for | 1428 |
unpaid costs; issue, sign, and attach the seal of the court to all | 1429 |
writs, process, subpoenas, and papers issuing out of the court; | 1430 |
and approve all bonds, sureties, recognizances, and undertakings | 1431 |
fixed by any judge of the court or by law. The clerk may refuse to | 1432 |
accept for filing any pleading or paper submitted for filing by a | 1433 |
person who has been found to be a vexatious litigator under | 1434 |
section 2323.52 of the Revised Code and who has failed to obtain | 1435 |
leave to proceed under that section. The clerk shall do all of the | 1436 |
following: file and safely keep all journals, records, books, and | 1437 |
papers belonging or appertaining to the court; record the | 1438 |
proceedings of the court; perform all other duties that the judges | 1439 |
of the court may prescribe; and keep a book showing all receipts | 1440 |
and disbursements, which book shall be open for public inspection | 1441 |
at all times. | 1442 |
The clerk shall prepare and maintain a general index, a | 1443 |
docket, and other records that the court, by rule, requires, all | 1444 |
of which shall be the public records of the court. In the docket, | 1445 |
the clerk shall enter, at the time of the commencement of an | 1446 |
action, the names of the parties in full, the names of the | 1447 |
counsel, and the nature of the proceedings. Under proper dates, | 1448 |
the clerk shall note the filing of the complaint, issuing of | 1449 |
summons or other process, returns, and any subsequent pleadings. | 1450 |
The clerk also shall enter all reports, verdicts, orders, | 1451 |
judgments, and proceedings of the court, clearly specifying the | 1452 |
relief granted or orders made in each action. The court may order | 1453 |
an extended record of any of the above to be made and entered, | 1454 |
under the proper action heading, upon the docket at the request of | 1455 |
any party to the case, the expense of which record may be taxed as | 1456 |
costs in the case or may be required to be prepaid by the party | 1457 |
demanding the record, upon order of the court. | 1458 |
(F) The clerk of a municipal court shall receive, collect, | 1459 |
and issue receipts for all costs, fees, fines, bail, and other | 1460 |
moneys payable to the office or to any officer of the court. The | 1461 |
clerk shall each month disburse to the proper persons or officers, | 1462 |
and take receipts for, all costs, fees, fines, bail, and other | 1463 |
moneys that the clerk collects. Subject to sections 307.515 and | 1464 |
4511.193 of the Revised Code and to any other section of the | 1465 |
Revised Code that requires a specific manner of disbursement of | 1466 |
any moneys received by a municipal court and except for the | 1467 |
Hamilton county, Lawrence county, and Ottawa county municipal | 1468 |
courts, the clerk shall pay all fines received for violation of | 1469 |
municipal ordinances into the treasury of the municipal | 1470 |
corporation the ordinance of which was violated and shall pay all | 1471 |
fines received for violation of township resolutions adopted | 1472 |
pursuant to section 503.52 or 503.53 or Chapter 504. of the | 1473 |
Revised Code into the treasury of the township the resolution of | 1474 |
which was violated. Subject to sections 1901.024 and 4511.193 of | 1475 |
the Revised Code, in the Hamilton county, Lawrence county, and | 1476 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 1477 |
of the fines received for violation of municipal ordinances and | 1478 |
fifty per cent of the fines received for violation of township | 1479 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 1480 |
Chapter 504. of the Revised Code into the treasury of the county. | 1481 |
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised | 1482 |
Code and to any other section of the Revised Code that requires a | 1483 |
specific manner of disbursement of any moneys received by a | 1484 |
municipal court, the clerk shall pay all fines collected for the | 1485 |
violation of state laws into the county treasury. Except in a | 1486 |
county-operated municipal court, the clerk shall pay all costs and | 1487 |
fees the disbursement of which is not otherwise provided for in | 1488 |
the Revised Code into the city treasury. The clerk of a | 1489 |
county-operated municipal court shall pay the costs and fees the | 1490 |
disbursement of which is not otherwise provided for in the Revised | 1491 |
Code into the county treasury. Moneys deposited as security for | 1492 |
costs shall be retained pending the litigation. The clerk shall | 1493 |
keep a separate account of all receipts and disbursements in civil | 1494 |
and criminal cases, which shall be a permanent public record of | 1495 |
the office. On the expiration of the term of the clerk, the clerk | 1496 |
shall deliver the records to the clerk's successor. The clerk | 1497 |
shall have other powers and duties as are prescribed by rule or | 1498 |
order of the court. | 1499 |
(G) All moneys paid into a municipal court shall be noted on | 1500 |
the record of the case in which they are paid and shall be | 1501 |
deposited in a state or national bank, or a domestic savings and | 1502 |
loan association, as defined in section 1151.01 of the Revised | 1503 |
Code, that is selected by the clerk. Any interest received upon | 1504 |
the deposits shall be paid into the city treasury, except that, in | 1505 |
a county-operated municipal court, the interest shall be paid into | 1506 |
the treasury of the county in which the court is located. | 1507 |
On the first Monday in January of each year, the clerk shall | 1508 |
make a list of the titles of all cases in the court that were | 1509 |
finally determined more than one year past in which there remains | 1510 |
unclaimed in the possession of the clerk any funds, or any part of | 1511 |
a deposit for security of costs not consumed by the costs in the | 1512 |
case. The clerk shall give notice of the moneys to the parties who | 1513 |
are entitled to the moneys or to their attorneys of record. All | 1514 |
the moneys remaining unclaimed on the first day of April of each | 1515 |
year shall be paid by the clerk to the city treasurer, except | 1516 |
that, in a county-operated municipal court, the moneys shall be | 1517 |
paid to the treasurer of the county in which the court is located. | 1518 |
The treasurer shall pay any part of the moneys at any time to the | 1519 |
person who has the right to the moneys upon proper certification | 1520 |
of the clerk. | 1521 |
(H) Deputy clerks of a municipal court other than the Carroll | 1522 |
county municipal court may be appointed by the clerk and shall | 1523 |
receive the compensation, payable in either biweekly installments | 1524 |
or semimonthly installments, as determined by the payroll | 1525 |
administrator, out of the city treasury, that the clerk may | 1526 |
prescribe, except that the compensation of any deputy clerk of a | 1527 |
county-operated municipal court shall be paid out of the treasury | 1528 |
of the county in which the court is located. The judge of the | 1529 |
Carroll county municipal court may appoint deputy clerks for the | 1530 |
court, and the deputy clerks shall receive the compensation, | 1531 |
payable in biweekly installments out of the county treasury, that | 1532 |
the judge may prescribe. Each deputy clerk shall take an oath of | 1533 |
office before entering upon the duties of the deputy clerk's | 1534 |
office and, when so qualified, may perform the duties appertaining | 1535 |
to the office of the clerk. The clerk may require any of the | 1536 |
deputy clerks to give bond of not less than three thousand | 1537 |
dollars, conditioned for the faithful performance of the deputy | 1538 |
clerk's duties. | 1539 |
(I) For the purposes of this section, whenever the population | 1540 |
of the territory of a municipal court falls below one hundred | 1541 |
thousand but not below ninety thousand, and the population of the | 1542 |
territory prior to the most recent regular federal census exceeded | 1543 |
one hundred thousand, the legislative authority of the municipal | 1544 |
corporation may declare, by resolution, that the territory shall | 1545 |
be considered to have a population of at least one hundred | 1546 |
thousand. | 1547 |
(J) The clerk or a deputy clerk shall be in attendance at all | 1548 |
sessions of the municipal court, although not necessarily in the | 1549 |
courtroom, and may administer oaths to witnesses and jurors and | 1550 |
receive verdicts. | 1551 |
Sec. 1901.312. (A) As used in this section, "health care | 1552 |
coverage" has the same meaning as in section 1901.111 of the | 1553 |
Revised Code. | 1554 |
(B) The legislative authority, after consultation with the | 1555 |
clerk and deputy clerks of the municipal court, shall negotiate | 1556 |
and contract for, purchase, or otherwise procure group health care | 1557 |
coverage for the clerk and deputy clerks and their spouses and | 1558 |
dependents from insurance companies authorized to engage in the | 1559 |
business of insurance in this state under Title XXXIX of the | 1560 |
Revised Code or health insuring corporations holding certificates | 1561 |
of authority under Chapter 1751. of the Revised Code, except that | 1562 |
if the county or municipal corporation served by the legislative | 1563 |
authority provides group health care coverage for its employees, | 1564 |
the group health care coverage required by this section shall be | 1565 |
provided, if possible, through the policy or plan under which the | 1566 |
group health care coverage is provided for the county or municipal | 1567 |
corporation employees. | 1568 |
(C) The portion of the costs, premiums, or charges for the | 1569 |
group health care coverage procured pursuant to division (B) of | 1570 |
this section that is not paid by the clerk and deputy clerks of | 1571 |
the municipal court, or all of the costs, premiums, or charges for | 1572 |
the group health care coverage if the clerk and deputy clerks will | 1573 |
not be paying any such portion, shall be paid as follows: | 1574 |
(1) If the municipal court is a county-operated municipal | 1575 |
court, the portion of the costs, premiums, or charges or all of | 1576 |
the costs, premiums, or charges shall be paid out of the treasury | 1577 |
of the county. | 1578 |
(2)(a) If the municipal court is not a county-operated | 1579 |
municipal court, the portion of the costs, premiums, or charges in | 1580 |
connection with the clerk or all of the costs, premiums, or | 1581 |
charges in connection with the clerk shall be paid in three-fifths | 1582 |
and two-fifths shares from the city treasury and appropriate | 1583 |
county treasuries as described in division (C) of section 1901.31 | 1584 |
of the Revised Code. The three-fifths share of a city treasury is | 1585 |
subject to apportionment under section 1901.026 of the Revised | 1586 |
Code. | 1587 |
(b) If the municipal court is not a county-operated municipal | 1588 |
court, the portion of the costs, premiums, or charges in | 1589 |
connection with the deputy clerks or all of the costs, premiums, | 1590 |
or charges in connection with the deputy clerks shall be paid from | 1591 |
the city treasury and shall be subject to apportionment under | 1592 |
section 1901.026 of the Revised Code. | 1593 |
(D) This section does not apply to the clerk of the Auglaize | 1594 |
county, Hamilton county, Portage county, Putnam county, or Wayne | 1595 |
county municipal court, if health care coverage is provided to the | 1596 |
clerk by virtue of the clerk's employment as the clerk of the | 1597 |
court of common pleas of Auglaize county, Hamilton county, Portage | 1598 |
county, Putnam county, or Wayne county. | 1599 |
Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a | 1600 |
municipal court shall be provided for, and their duties are, as | 1601 |
follows: | 1602 |
(1) Except for the Hamilton county municipal court, the court | 1603 |
shall appoint a bailiff who shall receive the annual compensation | 1604 |
that the court prescribes payable in either biweekly installments | 1605 |
or semimonthly installments, as determined by the payroll | 1606 |
administrator, from the same sources and in the same manner as | 1607 |
provided in section 1901.11 of the Revised Code. The court may | 1608 |
provide that the chief of police of the municipal corporation or a | 1609 |
member of the police force be appointed by the court to be the | 1610 |
bailiff of the court. Before entering upon the duties of office, | 1611 |
the bailiff shall take an oath to faithfully perform the duties of | 1612 |
the office and shall give a bond of not less than three thousand | 1613 |
dollars, as the legislative authority prescribes, conditioned for | 1614 |
the faithful performance the duties of chief bailiff. | 1615 |
(2) Except for the Hamilton county municipal court, deputy | 1616 |
bailiffs may be appointed by the court. Deputy bailiffs shall | 1617 |
receive the compensation payable in semimonthly installments out | 1618 |
of the city treasury that the court prescribes, except that the | 1619 |
compensation of deputy bailiffs in a county-operated municipal | 1620 |
court shall be paid out of the treasury of the county in which the | 1621 |
court is located. Each deputy bailiff shall give a bond in an | 1622 |
amount not less than one thousand dollars, and, when so qualified, | 1623 |
may perform the duties pertaining to the office of chief bailiff | 1624 |
of the court. | 1625 |
(3) The bailiff and all deputy bailiffs of the Hamilton | 1626 |
county municipal court shall be appointed by the clerk and shall | 1627 |
receive the compensation payable in semimonthly installments out | 1628 |
of the treasury of Hamilton county that the clerk prescribes. Each | 1629 |
judge of the Hamilton county municipal court may appoint a | 1630 |
courtroom bailiff, each of whom shall receive the compensation | 1631 |
payable in semimonthly installments out of the treasury of | 1632 |
Hamilton county that the court prescribes. | 1633 |
(4) The legislative authority may purchase motor vehicles for | 1634 |
the use of the bailiffs and deputy bailiffs as the court | 1635 |
determines they need to perform the duties of their office. All | 1636 |
expenses, maintenance, and upkeep of the vehicles shall be paid by | 1637 |
the legislative authority upon approval by the court. Any | 1638 |
allowances, costs, and expenses for the operation of private motor | 1639 |
vehicles by bailiffs and deputy bailiffs for official duties, | 1640 |
including the cost of oil, gasoline, and maintenance, shall be | 1641 |
prescribed by the court and, subject to the approval of the | 1642 |
legislative authority, shall be paid from the city treasury, | 1643 |
except that the allowances, costs, and expenses for the bailiffs | 1644 |
and deputy bailiffs of a county-operated municipal court shall be | 1645 |
paid from the treasury of the county in which the court is | 1646 |
located. | 1647 |
(5) Every police officer of any municipal corporation and | 1648 |
police constable of a township within the territory of the court | 1649 |
is ex officio a deputy bailiff of the court in and for the | 1650 |
municipal corporation or township in which commissioned as a | 1651 |
police officer or police constable, and shall perform any duties | 1652 |
in respect to cases within the | 1653 |
jurisdiction that are required by a judge of the court, or by the | 1654 |
clerk or a bailiff or deputy bailiff of the court, without | 1655 |
additional compensation. | 1656 |
(6) In Putnam county, in addition to the persons who are ex | 1657 |
officio deputy bailiffs under division (A)(5) of this section, | 1658 |
every deputy sheriff of Putnam county is ex officio a deputy | 1659 |
bailiff of the Putnam county municipal court and shall perform | 1660 |
without additional compensation any duties in respect to cases | 1661 |
within the deputy sheriff's jurisdiction that are required by a | 1662 |
judge of the court, by the clerk of the court, or by a bailiff or | 1663 |
deputy bailiff of the court. | 1664 |
(7) The bailiff and deputy bailiffs shall perform for the | 1665 |
court services similar to those performed by the sheriff for the | 1666 |
court of common pleas and shall perform any other duties that are | 1667 |
requested by rule of court. | 1668 |
The bailiff or deputy bailiff may administer oaths to | 1669 |
witnesses and jurors and receive verdicts in the same manner and | 1670 |
form and to the same extent as the clerk or deputy clerks of the | 1671 |
court. The bailiff may approve all undertakings and bonds given in | 1672 |
actions of replevin and all redelivery bonds in attachments. | 1673 |
(B) In the Cleveland municipal court, the chief clerks and | 1674 |
all deputy clerks are in the classified civil service of the city | 1675 |
of Cleveland. The clerk, the chief deputy clerks, the probation | 1676 |
officers, one private secretary, one personal stenographer to the | 1677 |
clerk, and one personal bailiff to each judge are in the | 1678 |
unclassified civil service of the city of Cleveland. Upon demand | 1679 |
of the clerk, the civil service commission of the city of | 1680 |
Cleveland shall certify a list of those eligible for the position | 1681 |
of deputy clerk. From the list, the clerk shall designate chief | 1682 |
clerks and the number of deputy clerks that the legislative | 1683 |
authority determines are necessary. | 1684 |
Except as otherwise provided in this division, the bailiff, | 1685 |
chief deputy bailiffs, and all deputy bailiffs of the Cleveland | 1686 |
municipal court appointed after January 1, 1968, and the chief | 1687 |
housing specialist, housing specialists, and housing division | 1688 |
referees of the housing division of the Cleveland municipal court | 1689 |
appointed under section 1901.331 of the Revised Code are in the | 1690 |
unclassified civil service of the city of Cleveland. All deputy | 1691 |
bailiffs of the housing division of the Cleveland municipal court | 1692 |
appointed pursuant to that section are in the classified civil | 1693 |
service of the city of Cleveland. Upon the demand of the judge of | 1694 |
the housing division of the Cleveland municipal court, the civil | 1695 |
service commission of the city of Cleveland shall certify a list | 1696 |
of those eligible for the position of deputy bailiff of the | 1697 |
housing division. From the list, the judge of the housing division | 1698 |
shall designate the number of deputy bailiffs that the judge | 1699 |
determines are necessary. | 1700 |
The chief deputy clerks, the chief clerks, and all other | 1701 |
deputy clerks of the Cleveland municipal court shall receive the | 1702 |
compensation that the clerk prescribes. Except as provided in | 1703 |
division (A)(4)(a) of section 1901.331 of the Revised Code with | 1704 |
respect to officers and employees of the housing division of the | 1705 |
Cleveland municipal court, the bailiff, all deputy bailiffs, and | 1706 |
assignment room personnel of the Cleveland municipal court shall | 1707 |
receive the compensation that the court prescribes. | 1708 |
Any appointee under sections 1901.01 to 1901.37 of the | 1709 |
Revised Code may be dismissed or discharged by the same power that | 1710 |
appointed the appointee. In the case of the removal of any civil | 1711 |
service appointee under those sections, an appeal may be taken | 1712 |
from the decision of the civil service commission to the court of | 1713 |
common pleas of Cuyahoga county to determine the sufficiency of | 1714 |
the cause of removal. The appeal shall be taken within ten days of | 1715 |
the finding of the commission. | 1716 |
In the Cleveland municipal court, the presiding judge may | 1717 |
appoint on a full-time, per diem, or contractual basis any | 1718 |
official court reporters for the civil branch of the court that | 1719 |
the business of the court requires. The compensation of official | 1720 |
court reporters shall be determined by the presiding judge of the | 1721 |
court. The compensation shall be payable from the city treasury | 1722 |
and from the treasury of Cuyahoga county in the same proportion as | 1723 |
designated in section 1901.11 of the Revised Code for the payment | 1724 |
of compensation of municipal judges. In every trial in which the | 1725 |
services of a court reporter so appointed are requested by the | 1726 |
judge, any party, or the attorney for any party, there shall be | 1727 |
taxed for each day's services of the court reporter a fee in the | 1728 |
same amount as may be taxed for similar services in the court of | 1729 |
common pleas under section 2301.21 of the Revised Code, to be | 1730 |
collected as other costs in the case. The fees so collected shall | 1731 |
be paid quarterly by the clerk into the city treasury and the | 1732 |
treasury of Cuyahoga county in the same proportion as the | 1733 |
compensation for the court reporters is paid from the city and | 1734 |
county treasuries and shall be credited to the general funds of | 1735 |
the city and county treasuries. | 1736 |
(C) In the Hamilton county municipal court, all employees, | 1737 |
including the bailiff, deputy bailiff, and courtroom bailiffs, are | 1738 |
in the unclassified civil service. | 1739 |
Sec. 1901.34. (A) Except as provided in divisions (B) and | 1740 |
(D) of this section, the village solicitor, city director of law, | 1741 |
or similar chief legal officer for each municipal corporation | 1742 |
within the territory of a municipal court shall prosecute all | 1743 |
cases brought before the municipal court for criminal offenses | 1744 |
occurring within the municipal corporation for which that person | 1745 |
is the solicitor, director of law, or similar chief legal officer. | 1746 |
Except as provided in division (B) of this section, the village | 1747 |
solicitor, city director of law, or similar chief legal officer of | 1748 |
the municipal corporation in which a municipal court is located | 1749 |
shall prosecute all criminal cases brought before the court | 1750 |
arising in the unincorporated areas within the territory of the | 1751 |
municipal court. | 1752 |
(B) The Auglaize county, Brown county, Clermont county, | 1753 |
Hocking county, Holmes county, Jackson county, Morrow county, | 1754 |
Ottawa county, | 1755 |
attorneys shall prosecute in municipal court all violations of | 1756 |
state law arising in their respective counties. The Carroll | 1757 |
county, Crawford county, Hamilton county, Madison county, and | 1758 |
Wayne county prosecuting attorneys and beginning January 1, 2008, | 1759 |
the Erie county prosecuting attorney shall prosecute all | 1760 |
violations of state law arising within the unincorporated areas of | 1761 |
their respective counties. The Columbiana county prosecuting | 1762 |
attorney shall prosecute in the Columbiana county municipal court | 1763 |
all violations of state law arising in the county, except for | 1764 |
violations arising in the municipal corporation of East Liverpool, | 1765 |
Liverpool township, or St. Clair township. The Darke county | 1766 |
prosecuting attorney shall prosecute in the Darke county municipal | 1767 |
court all violations of state law arising in the county, except | 1768 |
for violations of state law arising in the municipal corporation | 1769 |
of Greenville and violations of state law arising in the village | 1770 |
of Versailles. The Greene county board of county commissioners may | 1771 |
provide for the prosecution of all violations of state law arising | 1772 |
within the territorial jurisdiction of any municipal court located | 1773 |
in Greene county. | 1774 |
The prosecuting attorney of any county given the duty of | 1775 |
prosecuting in municipal court violations of state law shall | 1776 |
receive no additional compensation for assuming these additional | 1777 |
duties, except that the prosecuting attorney of Hamilton, Portage, | 1778 |
and Wayne counties shall receive compensation at the rate of four | 1779 |
thousand eight hundred dollars per year, and the prosecuting | 1780 |
attorney of Auglaize county shall receive compensation at the rate | 1781 |
of one thousand eight hundred dollars per year, each payable from | 1782 |
the county treasury of the respective counties in semimonthly | 1783 |
installments. | 1784 |
(C) The village solicitor, city director of law, or similar | 1785 |
chief legal officer shall perform the same duties, insofar as they | 1786 |
are applicable to the village solicitor, city director of law, or | 1787 |
similar chief legal officer, as are required of the prosecuting | 1788 |
attorney of the county. The village solicitor, city director of | 1789 |
law, similar chief legal officer or any assistants who may be | 1790 |
appointed shall receive for such services additional compensation | 1791 |
to be paid from the treasury of the county as the board of county | 1792 |
commissioners prescribes. | 1793 |
(D) The prosecuting attorney of any county, other than | 1794 |
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, | 1795 |
Ottawa, | 1796 |
with any municipal corporation in the county in which the | 1797 |
prosecuting attorney serves pursuant to which the prosecuting | 1798 |
attorney prosecutes all criminal cases brought before the | 1799 |
municipal court that has territorial jurisdiction over that | 1800 |
municipal corporation for criminal offenses occurring within the | 1801 |
municipal corporation. The prosecuting attorney of Auglaize, | 1802 |
Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa,
| 1803 |
Portage, or Putnam county may enter into an agreement with any | 1804 |
municipal corporation in the county in which the prosecuting | 1805 |
attorney serves pursuant to which the respective prosecuting | 1806 |
attorney prosecutes all cases brought before the Auglaize county, | 1807 |
Brown county, Clermont county, Hocking county, Holmes county, | 1808 |
Jackson county, Morrow county, Ottawa county, | 1809 |
or Putnam county municipal court for violations of the ordinances | 1810 |
of the municipal corporation or for criminal offenses other than | 1811 |
violations of state law occurring within the municipal | 1812 |
corporation. For prosecuting these cases, the prosecuting attorney | 1813 |
and the municipal corporation may agree upon a fee to be paid by | 1814 |
the municipal corporation, which fee shall be paid into the county | 1815 |
treasury, to be used to cover expenses of the office of the | 1816 |
prosecuting attorney. | 1817 |
Sec. 1907.11. (A) Each county court district shall have the | 1818 |
following county court judges, to be elected as follows: | 1819 |
In the Adams county county court, one part-time judge shall | 1820 |
be elected in 1982. | 1821 |
In the Ashtabula county county court, one part-time judge | 1822 |
shall be elected in 1980, and one part-time judge shall be elected | 1823 |
in 1982. | 1824 |
In the Belmont county county court, one part-time judge shall | 1825 |
be elected in 1992, term to commence on January 1, 1993, and two | 1826 |
part-time judges shall be elected in 1994, terms to commence on | 1827 |
January 1, 1995, and January 2, 1995, respectively. | 1828 |
In the Butler county county court, one part-time judge shall | 1829 |
be elected in 1992, term to commence on January 1, 1993, and two | 1830 |
part-time judges shall be elected in 1994, terms to commence on | 1831 |
January 1, 1995, and January 2, 1995, respectively. | 1832 |
Until December 31, 2007, in the Erie county county court, one | 1833 |
part-time judge shall be elected in 1982. Effective January 1, | 1834 |
2008, the Erie county county court shall cease to exist. | 1835 |
In the Fulton county county court, one part-time judge shall | 1836 |
be elected in 1980, and one part-time judge shall be elected in | 1837 |
1982. | 1838 |
In the Harrison county county court, one part-time judge | 1839 |
shall be elected in 1982. | 1840 |
In the Highland county county court, one part-time judge | 1841 |
shall be elected in 1982. | 1842 |
In the Jefferson county county court, one part-time judge | 1843 |
shall be elected in 1992, term to commence on January 1, 1993, and | 1844 |
two part-time judges shall be elected in 1994, terms to commence | 1845 |
on January 1, 1995, and January 2, 1995, respectively. | 1846 |
In the Mahoning county county court, one part-time judge | 1847 |
shall be elected in 1992, term to commence on January 1, 1993, and | 1848 |
three part-time judges shall be elected in 1994, terms to commence | 1849 |
on January 1, 1995, January 2, 1995, and January 3, 1995, | 1850 |
respectively. | 1851 |
In the Meigs county county court, one part-time judge shall | 1852 |
be elected in 1982. | 1853 |
In the Monroe county county court, one part-time judge shall | 1854 |
be elected in 1982. | 1855 |
In the Montgomery county county court, three part-time judges | 1856 |
shall be elected in 1998, terms to commence on January 1, 1999, | 1857 |
January 2, 1999, and January 3, 1999, respectively, and two | 1858 |
part-time judges shall be elected in 1994, terms to commence on | 1859 |
January 1, 1995, and January 2, 1995, respectively. | 1860 |
In the Morgan county county court, one part-time judge shall | 1861 |
be elected in 1982. | 1862 |
In the Muskingum county county court, one part-time judge | 1863 |
shall be elected in 1980, and one part-time judge shall be elected | 1864 |
in 1982. | 1865 |
In the Noble county county court, one part-time judge shall | 1866 |
be elected in 1982. | 1867 |
In the Paulding county county court, one part-time judge | 1868 |
shall be elected in 1982. | 1869 |
In the Perry county county court, one part-time judge shall | 1870 |
be elected in 1982. | 1871 |
In the Pike county county court, one part-time judge shall be | 1872 |
elected in 1982. | 1873 |
| 1874 |
1875 | |
1876 |
In the Sandusky county county court, two part-time judges | 1877 |
shall be elected in 1994, terms to commence on January 1, 1995, | 1878 |
and January 2, 1995, respectively. | 1879 |
In the Trumbull county county court, one part-time judge | 1880 |
shall be elected in 1992, and one part-time judge shall be elected | 1881 |
in 1994. | 1882 |
In the Tuscarawas county county court, one part-time judge | 1883 |
shall be elected in 1982. | 1884 |
In the Vinton county county court, one part-time judge shall | 1885 |
be elected in 1982. | 1886 |
In the Warren county county court, one part-time judge shall | 1887 |
be elected in 1980, and one part-time judge shall be elected in | 1888 |
1982. | 1889 |
(B)(1) Additional judges shall be elected at the next regular | 1890 |
election for a county court judge as provided in section 1907.13 | 1891 |
of the Revised Code. | 1892 |
(2) Vacancies caused by the death or the resignation from, | 1893 |
forfeiture of, or removal from office of a judge shall be filled | 1894 |
in accordance with section 107.08 of the Revised Code, except as | 1895 |
provided in section 1907.15 of the Revised Code. | 1896 |
Sec. 2743.48. (A) As used in this section and section | 1897 |
2743.49 of the Revised Code, a "wrongfully imprisoned individual" | 1898 |
means an individual who satisfies each of the following: | 1899 |
(1) The individual was charged with a violation of a section | 1900 |
of the Revised Code by an indictment or information prior to, or | 1901 |
on or after, September 24, 1986, and the violation charged was an | 1902 |
aggravated felony or felony. | 1903 |
(2) The individual was found guilty of, but did not plead | 1904 |
guilty to, the particular charge or a lesser-included offense by | 1905 |
the court or jury involved, and the offense of which the | 1906 |
individual was found guilty was an aggravated felony or felony. | 1907 |
(3) The individual was sentenced to an indefinite or definite | 1908 |
term of imprisonment in a state correctional institution for the | 1909 |
offense of which the individual was found guilty. | 1910 |
(4) The individual's conviction was vacated or was dismissed, | 1911 |
or reversed on appeal, the prosecuting attorney in the case cannot | 1912 |
or will not seek any further appeal of right or upon leave of | 1913 |
court, and no criminal proceeding is pending, can be brought, or | 1914 |
will be brought by any prosecuting attorney, city director of law, | 1915 |
village solicitor, or other chief legal officer of a municipal | 1916 |
corporation against the individual for any act associated with | 1917 |
that conviction. | 1918 |
(5) Subsequent to sentencing and during or subsequent to | 1919 |
imprisonment, an error in procedure resulted in the individual's | 1920 |
release, or it was determined by a court of common pleas that the | 1921 |
offense of which the individual was found guilty, including all | 1922 |
lesser-included offenses, either was not committed by the | 1923 |
individual or was not committed by any person. | 1924 |
(B)(1) When a court of common pleas determines, on or after | 1925 |
September 24, 1986, that a person is a wrongfully imprisoned | 1926 |
individual, the court shall provide the person with a copy of this | 1927 |
section and orally inform the person and the person's attorney of | 1928 |
the person's rights under this section to commence a civil action | 1929 |
against the state in the court of claims because of the person's | 1930 |
wrongful imprisonment and to be represented in that civil action | 1931 |
by counsel of the person's own choice. | 1932 |
(2) The court described in division (B)(1) of this section | 1933 |
shall notify the clerk of the court of claims, in writing and | 1934 |
within seven days after the date of the entry of its determination | 1935 |
that the person is a wrongfully imprisoned individual, of the name | 1936 |
and proposed mailing address of the person and of the fact that | 1937 |
the person has the rights to commence a civil action and to have | 1938 |
legal representation as provided in this section. The clerk of the | 1939 |
court of claims shall maintain in the clerk's office a list of | 1940 |
wrongfully imprisoned individuals for whom notices are received | 1941 |
under this section and shall create files in the clerk's office | 1942 |
for each such individual. | 1943 |
(3) Within sixty days after the date of the entry of a court | 1944 |
of common plea's determination that a person is a wrongfully | 1945 |
imprisoned individual, the clerk of the court of claims shall | 1946 |
forward a preliminary judgment to the president of the controlling | 1947 |
board requesting the payment of fifty per cent of the amount | 1948 |
described in division (E)(2)(b) of this section to the wrongfully | 1949 |
imprisoned individual. The board shall take all actions necessary | 1950 |
to cause the payment of that amount out of the emergency purposes | 1951 |
special purpose account of the board. | 1952 |
(C)(1) In a civil action under this section, a wrongfully | 1953 |
imprisoned individual has the right to have counsel of the | 1954 |
individual's own choice. | 1955 |
(2) If a wrongfully imprisoned individual who is the subject | 1956 |
of a court determination as described in division (B)(1) of this | 1957 |
section does not commence a civil action under this section within | 1958 |
six months after the entry of that determination, the clerk of the | 1959 |
court of claims shall send a letter to the wrongfully imprisoned | 1960 |
individual, at the address set forth in the notice received from | 1961 |
the court of common pleas pursuant to division (B)(2) of this | 1962 |
section or to any later address provided by the wrongfully | 1963 |
imprisoned individual, that reminds the wrongfully imprisoned | 1964 |
individual of the wrongfully imprisoned individual's rights under | 1965 |
this section. Until the statute of limitations provided in | 1966 |
division (H) of this section expires and unless the wrongfully | 1967 |
imprisoned individual commences a civil action under this section, | 1968 |
the clerk of the court of claims shall send a similar letter in a | 1969 |
similar manner to the wrongfully imprisoned individual at least | 1970 |
once each three months after the sending of the first reminder. | 1971 |
(D) Notwithstanding any provisions of this chapter to the | 1972 |
contrary, a wrongfully imprisoned individual has and may file a | 1973 |
civil action against the state, in the court of claims, to recover | 1974 |
a sum of money as described in this section, because of the | 1975 |
individual's wrongful imprisonment. The court of claims shall have | 1976 |
exclusive, original jurisdiction over such a civil action. The | 1977 |
civil action shall proceed, be heard, and be determined as | 1978 |
provided in sections 2743.01 to 2743.20 of the Revised Code, | 1979 |
except that if a provision of this section conflicts with a | 1980 |
provision in any of those sections, the provision in this section | 1981 |
controls. | 1982 |
(E)(1) In a civil action as described in division (D) of this | 1983 |
section, the complainant may establish that the claimant is a | 1984 |
wrongfully imprisoned individual by submitting to the court of | 1985 |
claims a certified copy of the judgment entry of the court of | 1986 |
common pleas associated with the claimant's conviction and | 1987 |
sentencing, and a certified copy of the entry of the determination | 1988 |
of a court of common pleas that the claimant is a wrongfully | 1989 |
imprisoned individual. No other evidence shall be required of the | 1990 |
complainant to establish that the claimant is a wrongfully | 1991 |
imprisoned individual, and the claimant shall be irrebuttably | 1992 |
presumed to be a wrongfully imprisoned individual. | 1993 |
(2) In a civil action as described in division (D) of this | 1994 |
section, upon presentation of requisite proof to the court, a | 1995 |
wrongfully imprisoned individual is entitled to receive a sum of | 1996 |
money that equals the total of each of the following amounts: | 1997 |
(a) The amount of any fine or court costs imposed and paid, | 1998 |
and the reasonable attorney's fees and other expenses incurred by | 1999 |
the wrongfully imprisoned individual in connection with all | 2000 |
associated criminal proceedings and appeals, and, if applicable, | 2001 |
in connection with obtaining the wrongfully imprisoned | 2002 |
individual's discharge from confinement in the state correctional | 2003 |
institution; | 2004 |
(b) For each full year of imprisonment in the state | 2005 |
correctional institution for the offense of which the wrongfully | 2006 |
imprisoned individual was found guilty, forty thousand three | 2007 |
hundred thirty dollars or the adjusted amount determined by the | 2008 |
auditor of state pursuant to section 2743.49 of the Revised Code, | 2009 |
and for each part of a year of being so imprisoned, a pro-rated | 2010 |
share of forty thousand three hundred thirty dollars or the | 2011 |
adjusted amount determined by the auditor of state pursuant to | 2012 |
section 2743.49 of the Revised Code; | 2013 |
(c) Any loss of wages, salary, or other earned income that | 2014 |
directly resulted from the wrongfully imprisoned individual's | 2015 |
arrest, prosecution, conviction, and wrongful imprisonment; | 2016 |
(d) The amount of the following cost debts the department of | 2017 |
rehabilitation and correction recovered from the wrongfully | 2018 |
imprisoned individual who was in custody of the department or | 2019 |
under the department's supervision: | 2020 |
(i) Any user fee or copayment for services at a detention | 2021 |
facility, including, but not limited to, a fee or copayment for | 2022 |
sick call visits; | 2023 |
(ii) The cost of housing and feeding the wrongfully | 2024 |
imprisoned individual in a detention facility; | 2025 |
(iii) The cost of supervision of the wrongfully imprisoned | 2026 |
individual; | 2027 |
(iv) The cost of any ancillary services provided to the | 2028 |
wrongfully imprisoned individual. | 2029 |
(F)(1) If the court of claims determines in a civil action as | 2030 |
described in division (D) of this section that the complainant is | 2031 |
a wrongfully imprisoned individual, it shall enter judgment for | 2032 |
the wrongfully imprisoned individual in the amount of the sum of | 2033 |
money to which the wrongfully imprisoned individual is entitled | 2034 |
under division (E)(2) of this section. In determining that sum, | 2035 |
the court of claims shall not take into consideration any expenses | 2036 |
incurred by the state or any of its political subdivisions in | 2037 |
connection with the arrest, prosecution, and imprisonment of the | 2038 |
wrongfully imprisoned individual, including, but not limited to, | 2039 |
expenses for food, clothing, shelter, and medical services. The | 2040 |
court shall reduce that sum by the amount of the payment to the | 2041 |
wrongfully imprisoned individual described in division (B)(3) of | 2042 |
this section. | 2043 |
(2) If the wrongfully imprisoned individual was represented | 2044 |
in the civil action under this section by counsel of the | 2045 |
wrongfully imprisoned individual's own choice, the court of claims | 2046 |
shall include in the judgment entry referred to in division (F)(1) | 2047 |
of this section an award for the reasonable attorney's fees of | 2048 |
that counsel. These fees shall be paid as provided in division (G) | 2049 |
of this section. | 2050 |
(3) The state consents to be sued by a wrongfully imprisoned | 2051 |
individual because the imprisonment was wrongful, and to liability | 2052 |
on its part because of that fact, only as provided in this | 2053 |
section. However, this section does not affect any liability of | 2054 |
the state or of its employees to a wrongfully imprisoned | 2055 |
individual on a claim for relief that is not based on the fact of | 2056 |
the wrongful imprisonment, including, but not limited to, a claim | 2057 |
for relief that arises out of circumstances occurring during the | 2058 |
wrongfully imprisoned individual's confinement in the state | 2059 |
correctional institution. | 2060 |
(G) The clerk of the court of claims shall forward a | 2061 |
certified copy of a judgment under division (F) of this section to | 2062 |
the president of the controlling board. The board shall take all | 2063 |
actions necessary to cause the payment of the judgment out of the | 2064 |
emergency purposes special purpose account of the board. | 2065 |
(H) To be eligible to recover a sum of money as described in | 2066 |
this section because of wrongful imprisonment, a wrongfully | 2067 |
imprisoned individual shall not have been, prior to September 24, | 2068 |
1986, the subject of an act of the general assembly that | 2069 |
authorized an award of compensation for the wrongful imprisonment | 2070 |
or have been the subject of an action before the former sundry | 2071 |
claims board that resulted in an award of compensation for the | 2072 |
wrongful imprisonment. Additionally, to be eligible to so recover, | 2073 |
the wrongfully imprisoned individual shall commence a civil action | 2074 |
under this section in the court of claims no later than two years | 2075 |
after the date of the entry of the determination of a court of | 2076 |
common pleas that the individual is a wrongfully imprisoned | 2077 |
individual. | 2078 |
Sec. 2929.15. (A)(1) If in sentencing an offender for a | 2079 |
felony the court is not required to impose a prison term, a | 2080 |
mandatory prison term, or a term of life imprisonment upon the | 2081 |
offender, the court may directly impose a sentence that consists | 2082 |
of one or more community control sanctions authorized pursuant to | 2083 |
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the | 2084 |
court is sentencing an offender for a fourth degree felony OVI | 2085 |
offense under division (G)(1) of section 2929.13 of the Revised | 2086 |
Code, in addition to the mandatory term of local incarceration | 2087 |
imposed under that division and the mandatory fine required by | 2088 |
division (B)(3) of section 2929.18 of the Revised Code, the court | 2089 |
may impose upon the offender a community control sanction or | 2090 |
combination of community control sanctions in accordance with | 2091 |
sections 2929.16 and 2929.17 of the Revised Code. If the court is | 2092 |
sentencing an offender for a third or fourth degree felony OVI | 2093 |
offense under division (G)(2) of section 2929.13 of the Revised | 2094 |
Code, in addition to the mandatory prison term or mandatory prison | 2095 |
term and additional prison term imposed under that division, the | 2096 |
court also may impose upon the offender a community control | 2097 |
sanction or combination of community control sanctions under | 2098 |
section 2929.16 or 2929.17 of the Revised Code, but the offender | 2099 |
shall serve all of the prison terms so imposed prior to serving | 2100 |
the community control sanction. | 2101 |
The duration of all community control sanctions imposed upon | 2102 |
an offender under this division shall not exceed five years. If | 2103 |
the offender absconds or otherwise leaves the jurisdiction of the | 2104 |
court in which the offender resides without obtaining permission | 2105 |
from the court or the offender's probation officer to leave the | 2106 |
jurisdiction of the court, or if the offender is confined in any | 2107 |
institution for the commission of any offense while under a | 2108 |
community control sanction, the period of the community control | 2109 |
sanction ceases to run until the offender is brought before the | 2110 |
court for its further action. If the court sentences the offender | 2111 |
to one or more nonresidential sanctions under section 2929.17 of | 2112 |
the Revised Code, the court shall impose as a condition of the | 2113 |
nonresidential sanctions that, during the period of the sanctions, | 2114 |
the offender must abide by the law and must not leave the state | 2115 |
without the permission of the court or the offender's probation | 2116 |
officer. The court may impose any other conditions of release | 2117 |
under a community control sanction that the court considers | 2118 |
appropriate, including, but not limited to, requiring that the | 2119 |
offender not ingest or be injected with a drug of abuse and submit | 2120 |
to random drug testing as provided in division (D) of this section | 2121 |
to determine whether the offender ingested or was injected with a | 2122 |
drug of abuse and requiring that the results of the drug test | 2123 |
indicate that the offender did not ingest or was not injected with | 2124 |
a drug of abuse. | 2125 |
(2)(a) If a court sentences an offender to any community | 2126 |
control sanction or combination of community control sanctions | 2127 |
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the | 2128 |
Revised Code, the court shall place the offender under the general | 2129 |
control and supervision of a department of probation in the county | 2130 |
that serves the court for purposes of reporting to the court a | 2131 |
violation of any condition of the sanctions, any condition of | 2132 |
release under a community control sanction imposed by the court, a | 2133 |
violation of law, or the departure of the offender from this state | 2134 |
without the permission of the court or the offender's probation | 2135 |
officer. Alternatively, if the offender resides in another county | 2136 |
and a county department of probation has been established in that | 2137 |
county or that county is served by a multicounty probation | 2138 |
department established under section 2301.27 of the Revised Code, | 2139 |
the court may request the court of common pleas of that county to | 2140 |
receive the offender into the general control and supervision of | 2141 |
that county or multicounty department of probation for purposes of | 2142 |
reporting to the court a violation of any condition of the | 2143 |
sanctions, any condition of release under a community control | 2144 |
sanction imposed by the court, a violation of law, or the | 2145 |
departure of the offender from this state without the permission | 2146 |
of the court or the offender's probation officer, subject to the | 2147 |
jurisdiction of the trial judge over and with respect to the | 2148 |
person of the offender, and to the rules governing that department | 2149 |
of probation. | 2150 |
If there is no department of probation in the county that | 2151 |
serves the court, the court shall place the offender, regardless | 2152 |
of the offender's county of residence, under the general control | 2153 |
and supervision of the adult parole authority for purposes of | 2154 |
reporting to the court a violation of any of the sanctions, any | 2155 |
condition of release under a community control sanction imposed by | 2156 |
the court, a violation of law, or the departure of the offender | 2157 |
from this state without the permission of the court or the | 2158 |
offender's probation officer. | 2159 |
(b) If the court imposing sentence upon an offender sentences | 2160 |
the offender to any community control sanction or combination of | 2161 |
community control sanctions authorized pursuant to section | 2162 |
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the | 2163 |
offender violates any condition of the sanctions, any condition of | 2164 |
release under a community control sanction imposed by the court, | 2165 |
violates any law, or departs the state without the permission of | 2166 |
the court or the offender's probation officer, the public or | 2167 |
private person or entity that operates or administers the sanction | 2168 |
or the program or activity that comprises the sanction shall | 2169 |
report the violation or departure directly to the sentencing | 2170 |
court, or shall report the violation or departure to the county or | 2171 |
multicounty department of probation with general control and | 2172 |
supervision over the offender under division (A)(2)(a) of this | 2173 |
section or the officer of that department who supervises the | 2174 |
offender, or, if there is no such department with general control | 2175 |
and supervision over the offender under that division, to the | 2176 |
adult parole authority. If the public or private person or entity | 2177 |
that operates or administers the sanction or the program or | 2178 |
activity that comprises the sanction reports the violation or | 2179 |
departure to the county or multicounty department of probation or | 2180 |
the adult parole authority, the department's or authority's | 2181 |
officers may treat the offender as if the offender were on | 2182 |
probation and in violation of the probation, and shall report the | 2183 |
violation of the condition of the sanction, any condition of | 2184 |
release under a community control sanction imposed by the court, | 2185 |
the violation of law, or the departure from the state without the | 2186 |
required permission to the sentencing court. | 2187 |
(3) If an offender who is eligible for community control | 2188 |
sanctions under this section admits to being drug addicted or the | 2189 |
court has reason to believe that the offender is drug addicted, | 2190 |
and if the offense for which the offender is being sentenced was | 2191 |
related to the addiction, the court may require that the offender | 2192 |
be assessed by a properly credentialed professional within a | 2193 |
specified period of time and shall require the professional to | 2194 |
file a written assessment of the offender with the court. If a | 2195 |
court imposes treatment and recovery support services as a | 2196 |
community control sanction, the court shall direct the level and | 2197 |
type of treatment and recovery support services after | 2198 |
consideration of the written assessment, if available at the time | 2199 |
of sentencing, and recommendations of the professional and other | 2200 |
treatment and recovery support services providers. | 2201 |
(4) If an assessment completed pursuant to division (A)(3) of | 2202 |
this section indicates that the offender is addicted to drugs or | 2203 |
alcohol, the court may include in any community control sanction | 2204 |
imposed for a violation of section 2925.02, 2925.03, 2925.04, | 2205 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or | 2206 |
2925.37 of the Revised Code a requirement that the offender | 2207 |
participate in a treatment and recovery support services program | 2208 |
certified under section 3793.06 of the Revised Code or offered by | 2209 |
another properly credentialed program provider. | 2210 |
(B)(1) If the conditions of a community control sanction are | 2211 |
violated or if the offender violates a law or leaves the state | 2212 |
without the permission of the court or the offender's probation | 2213 |
officer, the sentencing court may impose | 2214 |
or more of the following penalties: | 2215 |
(a) A longer time under the same sanction if the total time | 2216 |
under the sanctions does not exceed the five-year limit specified | 2217 |
in division (A) of this section | 2218 |
(b) A more restrictive sanction under section 2929.16, | 2219 |
2929.17, or 2929.18 of the Revised Code | 2220 |
(c) A prison term on the offender pursuant to section 2929.14 | 2221 |
of the Revised Code. | 2222 |
(2) The prison term, if any, imposed upon a violator pursuant | 2223 |
to this division shall be within the range of prison terms | 2224 |
available for the offense for which the sanction that was violated | 2225 |
was imposed and shall not exceed the prison term specified in the | 2226 |
notice provided to the offender at the sentencing hearing pursuant | 2227 |
to division (B)(3) of section 2929.19 of the Revised Code. The | 2228 |
court may reduce the longer period of time that the offender is | 2229 |
required to spend under the longer sanction, the more restrictive | 2230 |
sanction, or a prison term imposed pursuant to this division by | 2231 |
the time the offender successfully spent under the sanction that | 2232 |
was initially imposed. | 2233 |
(C) If an offender, for a significant period of time, | 2234 |
fulfills the conditions of a sanction imposed pursuant to section | 2235 |
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary | 2236 |
manner, the court may reduce the period of time under the sanction | 2237 |
or impose a less restrictive sanction, but the court shall not | 2238 |
permit the offender to violate any law or permit the offender to | 2239 |
leave the state without the permission of the court or the | 2240 |
offender's probation officer. | 2241 |
(D)(1) If a court under division (A)(1) of this section | 2242 |
imposes a condition of release under a community control sanction | 2243 |
that requires the offender to submit to random drug testing, the | 2244 |
department of probation or the adult parole authority that has | 2245 |
general control and supervision of the offender under division | 2246 |
(A)(2)(a) of this section may cause the offender to submit to | 2247 |
random drug testing performed by a laboratory or entity that has | 2248 |
entered into a contract with any of the governmental entities or | 2249 |
officers authorized to enter into a contract with that laboratory | 2250 |
or entity under section 341.26, 753.33, or 5120.63 of the Revised | 2251 |
Code. | 2252 |
(2) If no laboratory or entity described in division (D)(1) | 2253 |
of this section has entered into a contract as specified in that | 2254 |
division, the department of probation or the adult parole | 2255 |
authority that has general control and supervision of the offender | 2256 |
under division (A)(2)(a) of this section shall cause the offender | 2257 |
to submit to random drug testing performed by a reputable public | 2258 |
laboratory to determine whether the individual who is the subject | 2259 |
of the drug test ingested or was injected with a drug of abuse. | 2260 |
(3) A laboratory or entity that has entered into a contract | 2261 |
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code | 2262 |
shall perform the random drug tests under division (D)(1) of this | 2263 |
section in accordance with the applicable standards that are | 2264 |
included in the terms of that contract. A public laboratory shall | 2265 |
perform the random drug tests under division (D)(2) of this | 2266 |
section in accordance with the standards set forth in the policies | 2267 |
and procedures established by the department of rehabilitation and | 2268 |
correction pursuant to section 5120.63 of the Revised Code. An | 2269 |
offender who is required under division (A)(1) of this section to | 2270 |
submit to random drug testing as a condition of release under a | 2271 |
community control sanction and whose test results indicate that | 2272 |
the offender ingested or was injected with a drug of abuse shall | 2273 |
pay the fee for the drug test if the department of probation or | 2274 |
the adult parole authority that has general control and | 2275 |
supervision of the offender requires payment of a fee. A | 2276 |
laboratory or entity that performs the random drug testing on an | 2277 |
offender under division (D)(1) or (2) of this section shall | 2278 |
transmit the results of the drug test to the appropriate | 2279 |
department of probation or the adult parole authority that has | 2280 |
general control and supervision of the offender under division | 2281 |
(A)(2)(a) of this section. | 2282 |
Sec. 2929.24. (A) Except as provided in section 2929.22 or | 2283 |
2929.23 of the Revised Code or division (E) or (F) of this section | 2284 |
and unless another term is required or authorized pursuant to law, | 2285 |
if the sentencing court imposing a sentence upon an offender for a | 2286 |
misdemeanor elects or is required to impose a jail term on the | 2287 |
offender pursuant to this chapter, the court shall impose a | 2288 |
definite jail term that shall be one of the following: | 2289 |
(1) For a misdemeanor of the first degree, not more than one | 2290 |
hundred eighty days; | 2291 |
(2) For a misdemeanor of the second degree, not more than | 2292 |
ninety days; | 2293 |
(3) For a misdemeanor of the third degree, not more than | 2294 |
sixty days; | 2295 |
(4) For a misdemeanor of the fourth degree, not more than | 2296 |
thirty days. | 2297 |
(B)(1) A court that sentences an offender to a jail term | 2298 |
under this section may permit the offender to serve the sentence | 2299 |
in intermittent confinement or may authorize a limited release of | 2300 |
the offender as provided in division (B) of section 2929.26 of the | 2301 |
Revised Code. The court retains jurisdiction over every offender | 2302 |
sentenced to jail to modify the jail sentence imposed at any time, | 2303 |
but the court shall not reduce any mandatory jail term. | 2304 |
(2)(a) If a prosecutor, as defined in section 2935.01 of the | 2305 |
Revised Code, has filed a notice with the court that the | 2306 |
prosecutor wants to be notified about a particular case and if the | 2307 |
court is considering modifying the jail sentence of the offender | 2308 |
in that case, the court shall notify the prosecutor that the court | 2309 |
is considering modifying the jail sentence of the offender in that | 2310 |
case. The prosecutor may request a hearing regarding the court's | 2311 |
consideration of modifying the jail sentence of the offender in | 2312 |
that case, and, if the prosecutor requests a hearing, the court | 2313 |
shall notify the eligible offender of the hearing. | 2314 |
(b) If the prosecutor requests a hearing regarding the | 2315 |
court's consideration of modifying the jail sentence of the | 2316 |
offender in that case, the court shall hold the hearing before | 2317 |
considering whether or not to release the offender from the | 2318 |
offender's jail sentence. | 2319 |
(C) If a court sentences an offender to a jail term under | 2320 |
this section and the court assigns the offender to a county jail | 2321 |
that has established a county jail industry program pursuant to | 2322 |
section 5147.30 of the Revised Code, the court shall specify, as | 2323 |
part of the sentence, whether the offender may be considered for | 2324 |
participation in the program. During the offender's term in the | 2325 |
county jail, the court retains jurisdiction to modify its | 2326 |
specification regarding the offender's participation in the county | 2327 |
jail industry program. | 2328 |
(D) If a person is sentenced to a jail term pursuant to this | 2329 |
section, the court may impose as part of the sentence pursuant to | 2330 |
section 2929.28 of the Revised Code a reimbursement sanction, and, | 2331 |
if the local detention facility in which the term is to be served | 2332 |
is covered by a policy adopted pursuant to section 307.93, 341.14, | 2333 |
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or | 2334 |
2947.19 of the Revised Code and section 2929.37 of the Revised | 2335 |
Code, both of the following apply: | 2336 |
(1) The court shall specify both of the following as part of | 2337 |
the sentence: | 2338 |
(a) If the person is presented with an itemized bill pursuant | 2339 |
to section 2929.37 of the Revised Code for payment of the costs of | 2340 |
confinement, the person is required to pay the bill in accordance | 2341 |
with that section. | 2342 |
(b) If the person does not dispute the bill described in | 2343 |
division (D)(1)(a) of this section and does not pay the bill by | 2344 |
the times specified in section 2929.37 of the Revised Code, the | 2345 |
clerk of the court may issue a certificate of judgment against the | 2346 |
person as described in that section. | 2347 |
(2) The sentence automatically includes any certificate of | 2348 |
judgment issued as described in division (D)(1)(b) of this | 2349 |
section. | 2350 |
(E) If an offender who is convicted of or pleads guilty to a | 2351 |
violation of division (B) of section 4511.19 of the Revised Code | 2352 |
also is convicted of or also pleads guilty to a specification of | 2353 |
the type described in section 2941.1416 of the Revised Code and if | 2354 |
the court imposes a jail term on the offender for the underlying | 2355 |
offense, the court shall impose upon the offender an additional | 2356 |
definite jail term of not more than six months. The additional | 2357 |
jail term shall not be reduced pursuant to any provision of the | 2358 |
Revised Code. The offender shall serve the additional jail term | 2359 |
consecutively to and prior to the jail term imposed for the | 2360 |
underlying offense and consecutively to any other mandatory term | 2361 |
imposed in relation to the offense. | 2362 |
(F)(1) If an offender is convicted of or pleads guilty to a | 2363 |
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or | 2364 |
2907.25 of the Revised Code and to a specification of the type | 2365 |
described in section 2941.1421 of the Revised Code and if the | 2366 |
court imposes a jail term on the offender for the misdemeanor | 2367 |
violation, the court may impose upon the offender an additional | 2368 |
definite jail term as follows: | 2369 |
(a) Subject to division (F)(1)(b) of this section, an | 2370 |
additional definite jail term of not more than sixty days; | 2371 |
(b) If the offender previously has been convicted of or | 2372 |
pleaded guilty to one or more misdemeanor or felony violations of | 2373 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 2374 |
Revised Code and also was convicted of or pleaded guilty to a | 2375 |
specification of the type described in section 2941.1421 of the | 2376 |
Revised Code regarding one or more of those violations, an | 2377 |
additional definite jail term of not more than one hundred twenty | 2378 |
days. | 2379 |
(2) In lieu of imposing an additional definite jail term | 2380 |
under division (F)(1) of this section, the court may directly | 2381 |
impose on the offender a sanction that requires the offender to | 2382 |
wear a real-time processing, continual tracking electronic | 2383 |
monitoring device during the period of time specified by the | 2384 |
court. The period of time specified by the court shall equal the | 2385 |
duration of an additional jail term that the court could have | 2386 |
imposed upon the offender under division (F)(1) of this section. A | 2387 |
sanction imposed under this division shall commence on the date | 2388 |
specified by the court, provided that the sanction shall not | 2389 |
commence until after the offender has served the jail term imposed | 2390 |
for the misdemeanor violation of section 2907.23, 2907.24, | 2391 |
2907.241, or 2907.25 of the Revised Code and any residential | 2392 |
sanction imposed for the violation under section 2929.26 of the | 2393 |
Revised Code. A sanction imposed under this division shall be | 2394 |
considered to be a community control sanction for purposes of | 2395 |
section 2929.25 of the Revised Code, and all provisions of the | 2396 |
Revised Code that pertain to community control sanctions shall | 2397 |
apply to a sanction imposed under this division, except to the | 2398 |
extent that they would by their nature be clearly inapplicable. | 2399 |
The offender shall pay all costs associated with a sanction | 2400 |
imposed under this division, including the cost of the use of the | 2401 |
monitoring device. | 2402 |
(G) If an offender is convicted of or pleads guilty to a | 2403 |
misdemeanor violation of section 2903.13 of the Revised Code and | 2404 |
also is convicted of or pleads guilty to a specification of the | 2405 |
type described in section 2941.1423 of the Revised Code that | 2406 |
charges that the victim of the violation was a woman whom the | 2407 |
offender knew was pregnant at the time of the violation, the court | 2408 |
shall impose on the offender a mandatory jail term that is a | 2409 |
definite term of at least thirty days. | 2410 |
Sec. 2929.25. (A)(1) Except as provided in sections 2929.22 | 2411 |
and 2929.23 of the Revised Code or when a jail term is required by | 2412 |
law, in sentencing an offender for a misdemeanor, other than a | 2413 |
minor misdemeanor, the sentencing court may do either of the | 2414 |
following: | 2415 |
(a) Directly impose a sentence that consists of one or more | 2416 |
community control sanctions authorized by section 2929.26, | 2417 |
2929.27, or 2929.28 of the Revised Code. The court may impose any | 2418 |
other conditions of release under a community control sanction | 2419 |
that the court considers appropriate. If the court imposes a jail | 2420 |
term upon the offender, the court may impose any community control | 2421 |
sanction or combination of community control sanctions in addition | 2422 |
to the jail term. | 2423 |
(b) Impose a jail term under section 2929.24 of the Revised | 2424 |
Code from the range of jail terms authorized under that section | 2425 |
for the offense, suspend all or a portion of the jail term | 2426 |
imposed, and place the offender under a community control sanction | 2427 |
or combination of community control sanctions authorized under | 2428 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code. | 2429 |
(2) The duration of all community control sanctions imposed | 2430 |
upon an offender and in effect for an offender at any time shall | 2431 |
not exceed five years. | 2432 |
(3) At sentencing, if a court directly imposes a community | 2433 |
control sanction or combination of community control sanctions | 2434 |
pursuant to division (A)(1)(a) of this section, the court shall | 2435 |
state the duration of the community control sanctions imposed and | 2436 |
shall notify the offender that if any of the conditions of the | 2437 |
community control sanctions are violated the court may do any of | 2438 |
the following: | 2439 |
(a) Impose a longer time under the same community control | 2440 |
sanction if the total time under all of the offender's community | 2441 |
control sanctions does not exceed the five-year limit specified in | 2442 |
division (A)(2) of this section; | 2443 |
(b) Impose a more restrictive community control sanction | 2444 |
under section 2929.26, 2929.27, or 2929.28 of the Revised Code, | 2445 |
but the court is not required to impose any particular sanction or | 2446 |
sanctions; | 2447 |
(c) Impose a definite jail term from the range of jail terms | 2448 |
authorized for the offense under section 2929.24 of the Revised | 2449 |
Code. | 2450 |
(B)(1) If a court sentences an offender to any community | 2451 |
control sanction or combination of community control sanctions | 2452 |
authorized under section 2929.26, 2929.27, or 2929.28 of the | 2453 |
Revised Code, the court shall place the offender under the general | 2454 |
control and supervision of the court or of a department of | 2455 |
probation in the jurisdiction that serves the court for purposes | 2456 |
of reporting to the court a violation of any of the conditions of | 2457 |
the sanctions imposed. If the offender resides in another | 2458 |
jurisdiction and a department of probation has been established to | 2459 |
serve the municipal court or county court in that jurisdiction, | 2460 |
the sentencing court may request the municipal court or the county | 2461 |
court to receive the offender into the general control and | 2462 |
supervision of that department of probation for purposes of | 2463 |
reporting to the sentencing court a violation of any of the | 2464 |
conditions of the sanctions imposed. The sentencing court retains | 2465 |
jurisdiction over any offender whom it sentences for the duration | 2466 |
of the sanction or sanctions imposed. | 2467 |
(2) The sentencing court shall require as a condition of any | 2468 |
community control sanction that the offender abide by the law and | 2469 |
not leave the state without the permission of the court or the | 2470 |
offender's probation officer. In the interests of doing justice, | 2471 |
rehabilitating the offender, and ensuring the offender's good | 2472 |
behavior, the court may impose additional requirements on the | 2473 |
offender. The offender's compliance with the additional | 2474 |
requirements also shall be a condition of the community control | 2475 |
sanction imposed upon the offender. | 2476 |
(C)(1) If the court imposing sentence upon an offender | 2477 |
sentences the offender to any community control sanction or | 2478 |
combination of community control sanctions authorized under | 2479 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if | 2480 |
the offender violates any of the conditions of the sanctions, the | 2481 |
public or private person or entity that supervises or administers | 2482 |
the program or activity that comprises the sanction shall report | 2483 |
the violation directly to the sentencing court or to the | 2484 |
department of probation or probation officer with general control | 2485 |
and supervision over the offender. If the public or private person | 2486 |
or entity reports the violation to the department of probation or | 2487 |
probation officer, the department or officer shall report the | 2488 |
violation to the sentencing court. | 2489 |
(2) If an offender violates any condition of a community | 2490 |
control sanction, the sentencing court may impose upon the | 2491 |
violator | 2492 |
(a) A longer time under the same community control sanction | 2493 |
if the total time under all of the community control sanctions | 2494 |
imposed on the violator does not exceed the five-year limit | 2495 |
specified in division (A)(2) of this section | 2496 |
2497 |
(b) A more restrictive community control sanction | 2498 |
(c) A combination of community control sanctions, including a | 2499 |
jail term.
| 2500 |
(3) If the court imposes a jail term upon a violator pursuant | 2501 |
to | 2502 |
jail for the misdemeanor offense and the violation of a condition | 2503 |
of the community control sanction shall not exceed the maximum | 2504 |
jail term available for the offense for which the sanction that | 2505 |
was violated was imposed. The court may reduce the longer period | 2506 |
of time that the violator is required to spend under the longer | 2507 |
sanction or the more restrictive sanction imposed under division | 2508 |
(C)(2) of this section by all or part of the time the violator | 2509 |
successfully spent under the sanction that was initially imposed. | 2510 |
(D) Except as otherwise provided in this division, if an | 2511 |
offender, for a significant period of time, fulfills the | 2512 |
conditions of a community control sanction imposed pursuant to | 2513 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an | 2514 |
exemplary manner, the court may reduce the period of time under | 2515 |
the community control sanction or impose a less restrictive | 2516 |
community control sanction. Fulfilling the conditions of a | 2517 |
community control sanction does not relieve the offender of a duty | 2518 |
to make restitution under section 2929.28 of the Revised Code. | 2519 |
Sec. 2937.07. If the offense is a misdemeanor and the | 2520 |
accused pleads guilty to the offense, the court or magistrate | 2521 |
shall receive and enter the plea unless the court or magistrate | 2522 |
believes that it was made through fraud, collusion, or mistake. If | 2523 |
the court or magistrate | 2524 |
fraud, collusion, or mistake, the court or magistrate shall enter | 2525 |
a plea of not guilty and set the matter for trial pursuant to | 2526 |
Chapter 2938. of the Revised Code. Upon receiving a plea of | 2527 |
guilty, the court or magistrate shall call for an explanation of | 2528 |
the circumstances of the offense from the affiant or complainant | 2529 |
or the affiant's or complainant's representatives unless the | 2530 |
offense to which the accused is pleading is a minor misdemeanor in | 2531 |
which case the court or magistrate is not required to call for an | 2532 |
explanation of the circumstances of the offense. After hearing the | 2533 |
explanation of circumstances, together with any statement of the | 2534 |
accused or after receiving the plea of guilty if an explanation of | 2535 |
the circumstances of the offense is not required, the court or | 2536 |
magistrate shall proceed to pronounce the sentence or shall | 2537 |
continue the matter for the purpose of imposing the sentence. | 2538 |
A plea to a misdemeanor offense of "no contest" or words of | 2539 |
similar import shall constitute | 2540 |
truth of the facts alleged in the complaint and that the judge or | 2541 |
magistrate may make a finding of guilty or not guilty from the | 2542 |
explanation of the circumstances of the offense. If the offense to | 2543 |
which the accused is entering a plea of "no contest" is a minor | 2544 |
misdemeanor, the judge or magistrate is not required to call for | 2545 |
an explanation of the circumstances of the offense, and the judge | 2546 |
or magistrate may base a finding on the facts alleged in the | 2547 |
complaint. If a finding of guilty is made, the judge or magistrate | 2548 |
shall impose the sentence or continue the case for sentencing | 2549 |
accordingly. A plea of "no contest" or words of similar import | 2550 |
shall not be construed as an admission of any fact at issue in the | 2551 |
criminal charge in any subsequent civil or criminal action or | 2552 |
proceeding. | 2553 |
Sec. 4507.02. (A)(1) No person shall permit the operation of | 2554 |
a motor vehicle upon any public or private property used by the | 2555 |
public for purposes of vehicular travel or parking knowing the | 2556 |
operator does not have a valid driver's license issued to the | 2557 |
operator by the registrar of motor vehicles under this chapter or | 2558 |
a valid commercial driver's license issued under Chapter 4506. of | 2559 |
the Revised Code.
| 2560 |
division, whoever violates this division is guilty of an | 2561 |
unclassified misdemeanor. | 2562 |
misdemeanor, the offender shall be sentenced pursuant to sections | 2563 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 2564 |
shall not be sentenced to a jail term; the offender shall not be | 2565 |
sentenced to a community residential sanction pursuant to section | 2566 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 2567 |
section 2929.28 of the Revised Code, the offender may be fined up | 2568 |
to one thousand dollars | 2569 |
of section 2929.27 of the Revised Code, the offender may be | 2570 |
ordered pursuant to division (B) of
that section | 2571 |
2572 | |
community service of up to five hundred hours. If, within three | 2573 |
years of the offense, the offender previously was convicted of or | 2574 |
pleaded guilty to two or more violations of this section or a | 2575 |
substantially equivalent municipal ordinance | 2576 |
2577 |
(2) No person shall receive a driver's license, or a | 2578 |
motorcycle operator's endorsement of a driver's or commercial | 2579 |
driver's license, unless and until the person surrenders to the | 2580 |
registrar all valid licenses issued to the person by another | 2581 |
jurisdiction recognized by this state. The registrar shall report | 2582 |
the surrender of a license to the issuing authority, together with | 2583 |
information that a license is now issued in this state. The | 2584 |
registrar shall destroy any such license that is not returned to | 2585 |
the issuing authority. No person shall be permitted to have more | 2586 |
than one valid license at any time. | 2587 |
(B)(1) If a person is convicted of a violation of section | 2588 |
4510.11, 4510.14, 4510.16 when division (B)(3) of that section | 2589 |
applies, or 4510.21 of the Revised Code or if division (F) of | 2590 |
section 4507.164 of the Revised Code applies, the trial judge of | 2591 |
any court, in addition to or independent of any other penalties | 2592 |
provided by law or ordinance, shall impound the identification | 2593 |
license plates of any motor vehicle registered in the name of the | 2594 |
person. If a person is convicted of a violation of section 4510.16 | 2595 |
of the Revised Code and division (B)(2) of that section applies, | 2596 |
the trial judge of any court, in addition to or independent of any | 2597 |
other penalties provided by law or ordinance, may impound the | 2598 |
identification license plates of any motor vehicle registered in | 2599 |
the name of the person. The court shall send the impounded license | 2600 |
plates to the registrar, who may retain the license plates until | 2601 |
the driver's or commercial driver's license of the owner has been | 2602 |
reinstated or destroy them pursuant to section 4503.232 of the | 2603 |
Revised Code. | 2604 |
If the license plates of a person convicted of a violation of | 2605 |
any provision of those sections have been impounded in accordance | 2606 |
with the provisions of this division, the court shall notify the | 2607 |
registrar of that action. The notice shall contain the name and | 2608 |
address of the driver, the serial number of the driver's | 2609 |
or commercial driver's license, the serial numbers of the license | 2610 |
plates of the motor vehicle, and the length of time for which the | 2611 |
license plates have been impounded. The registrar shall record the | 2612 |
data in the notice as part of the driver's permanent record. | 2613 |
(2) Any motor vehicle owner who has had the license plates of | 2614 |
a motor vehicle impounded pursuant to division (B)(1) of this | 2615 |
section may apply to the registrar, or to a deputy registrar, for | 2616 |
restricted license plates that shall conform to the requirements | 2617 |
of section 4503.231 of the Revised Code. The registrar or deputy | 2618 |
registrar forthwith shall notify the court of the application and, | 2619 |
upon approval of the court, shall issue restricted license plates | 2620 |
to the applicant. Until the driver's or commercial driver's | 2621 |
license of the owner is reinstated, any new license plates issued | 2622 |
to the owner also shall conform to the requirements of section | 2623 |
4503.231 of the Revised Code. | 2624 |
The registrar or deputy registrar shall charge the owner of a | 2625 |
vehicle the fees provided in section 4503.19 of the Revised Code | 2626 |
for restricted license plates that are issued in accordance with | 2627 |
this division, except upon renewal as specified in section 4503.10 | 2628 |
of the Revised Code, when the regular fee as provided in section | 2629 |
4503.04 of the Revised Code shall be charged. The registrar or | 2630 |
deputy registrar shall charge the owner of a vehicle the fees | 2631 |
provided in section 4503.19 of the Revised Code whenever | 2632 |
restricted license plates are exchanged, by reason of the | 2633 |
reinstatement of the driver's or commercial driver's license of | 2634 |
the owner, for those ordinarily issued. | 2635 |
(3) If an owner wishes to sell a motor vehicle during the | 2636 |
time the restricted license plates provided under division (B)(2) | 2637 |
of this section are in use, the owner may apply to the court that | 2638 |
impounded the license plates of the motor vehicle for permission | 2639 |
to transfer title to the motor vehicle. If the court is satisfied | 2640 |
that the sale will be made in good faith and not for the purpose | 2641 |
of circumventing the provisions of this section, it may certify | 2642 |
its consent to the owner and to the registrar of motor vehicles | 2643 |
who shall enter notice of the transfer of the title of the motor | 2644 |
vehicle in the vehicle registration record. | 2645 |
If, during the time the restricted license plates provided | 2646 |
under division (B)(2) of this section are in use, the title to a | 2647 |
motor vehicle is transferred by the foreclosure of a chattel | 2648 |
mortgage, a sale upon execution, the cancellation of a conditional | 2649 |
sales contract, or by order of a court, the court shall notify the | 2650 |
registrar of the action and the registrar shall enter notice of | 2651 |
the transfer of the title to the motor vehicle in the vehicle | 2652 |
registration record. | 2653 |
(C) This section is not intended to change or modify any | 2654 |
provision of Chapter 4503. of the Revised Code with respect to the | 2655 |
taxation of motor vehicles or the time within which the taxes on | 2656 |
motor vehicles shall be paid. | 2657 |
Sec. 4510.11. (A) No person whose driver's or commercial | 2658 |
driver's license or permit or nonresident operating privilege has | 2659 |
been suspended under any provision of the Revised Code, other than | 2660 |
Chapter 4509. of the Revised Code, or under any applicable law in | 2661 |
any other jurisdiction in which the person's license or permit was | 2662 |
issued shall operate any motor vehicle upon the public roads and | 2663 |
highways or upon any public or private property used by the public | 2664 |
for purposes of vehicular travel or parking within this state | 2665 |
during the period of suspension unless the person is granted | 2666 |
limited driving privileges and is operating the vehicle in | 2667 |
accordance with the terms of the limited driving privileges. | 2668 |
(B) No person shall operate any motor vehicle upon a highway | 2669 |
or any public or private property used by the public for purposes | 2670 |
of vehicular travel or parking in this state in violation of any | 2671 |
restriction of the person's driver's or commercial driver's | 2672 |
license or permit imposed under division (D) of section 4506.10 or | 2673 |
under section 4507.14 of the Revised Code. | 2674 |
(C)(1)(a) Except as provided in division (C)(1)(b) of this | 2675 |
section, whoever violates division (A) of this section is guilty | 2676 |
of driving under suspension, a misdemeanor of the first degree. | 2677 |
The court shall impose upon the offender a class seven suspension | 2678 |
of the offender's driver's license, commercial driver's license, | 2679 |
temporary instruction permit, probationary license, or nonresident | 2680 |
operating privilege from the range specified in division (A)(7) of | 2681 |
section 4510.02 of the Revised Code. | 2682 |
(b) If the offender's driver's or commercial driver's license | 2683 |
or permit or nonresident operating privilege has been suspended | 2684 |
under section 3123.58 or 4510.22 of the Revised Code, except as | 2685 |
otherwise provided in this division, a violation of division (A) | 2686 |
of this section is an unclassified misdemeanor.
| 2687 |
offense is an unclassified misdemeanor, the offender shall be | 2688 |
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised | 2689 |
Code, except that the offender shall not be sentenced to a jail | 2690 |
term; the offender shall not be sentenced to a community | 2691 |
residential sanction pursuant to section 2929.26 of the Revised | 2692 |
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the | 2693 |
Revised Code, the offender may be fined up to one thousand dollars | 2694 |
2695 | |
the Revised Code, the offender may be ordered pursuant to division | 2696 |
(B) of that section | 2697 |
2698 | |
hundred hours. If, within three years of the offense, the offender | 2699 |
previously was convicted of or pleaded guilty to two or more | 2700 |
violations of this section or a substantially equivalent municipal | 2701 |
ordinance | 2702 |
misdemeanor of the first degree. | 2703 |
(2) Whoever violates division (B) of this section is guilty | 2704 |
of driving in violation of a license restriction, a misdemeanor of | 2705 |
the first degree. | 2706 |
(3) Except as provided in division (C)(4) or (5) of this | 2707 |
section, the court, in addition to any other penalty that it | 2708 |
imposes on the offender and if the vehicle is registered in the | 2709 |
offender's name, shall order the immobilization of the vehicle | 2710 |
involved in the offense for thirty days in accordance with section | 2711 |
4503.233 of the Revised Code and the impoundment of that vehicle's | 2712 |
license plates for thirty days. | 2713 |
(4) If the offender previously has been convicted of or | 2714 |
pleaded guilty to one violation of this section or of a | 2715 |
substantially similar municipal ordinance, the court, in addition | 2716 |
to any other sentence that it imposes on the offender and if the | 2717 |
vehicle is registered in the offender's name, shall order the | 2718 |
immobilization of the vehicle involved in the offense for sixty | 2719 |
days in accordance with section 4503.233 of the Revised Code and | 2720 |
the impoundment of that vehicle's license plates for sixty days. | 2721 |
(5) If the offender previously has been convicted of or | 2722 |
pleaded guilty to two or more violations of this section or of a | 2723 |
substantially similar municipal ordinance, the court, in addition | 2724 |
to any other sentence that it imposes on the offender and if the | 2725 |
vehicle is registered in the offender's name, shall order the | 2726 |
criminal forfeiture of the vehicle involved in the offense to the | 2727 |
state. | 2728 |
(D) Any order for immobilization and impoundment under this | 2729 |
section shall be issued and enforced under section 4503.233 of the | 2730 |
Revised Code. The court shall not release a vehicle from | 2731 |
immobilization ordered under this section unless the court is | 2732 |
presented with current proof of financial responsibility with | 2733 |
respect to that vehicle. | 2734 |
(E) Any order of criminal forfeiture under this section shall | 2735 |
be issued and enforced under section 4503.234 of the Revised Code. | 2736 |
Upon receipt of the copy of the order from the court, neither the | 2737 |
registrar of motor vehicles nor a deputy registrar shall accept | 2738 |
any application for the registration or transfer of registration | 2739 |
of any motor vehicle owned or leased by the person named in the | 2740 |
declaration of forfeiture. The period of registration denial shall | 2741 |
be five years after the date of the order, unless, during that | 2742 |
period, the court having jurisdiction of the offense that led to | 2743 |
the order terminates the forfeiture and notifies the registrar of | 2744 |
the termination. The registrar then shall take necessary measures | 2745 |
to permit the person to register a vehicle owned or leased by the | 2746 |
person or to transfer registration of the vehicle. | 2747 |
Sec. 4510.12. (A)(1) No person, except those expressly | 2748 |
exempted under sections 4507.03, 4507.04, and 4507.05 of the | 2749 |
Revised Code, shall operate any motor vehicle upon a public road | 2750 |
or highway or any public or private property used by the public | 2751 |
for purposes of vehicular travel or parking in this state unless | 2752 |
the person has a valid driver's license issued under Chapter 4507. | 2753 |
of the Revised Code or a commercial driver's license issued under | 2754 |
Chapter 4506. of the Revised Code. | 2755 |
(2) No person, except a person expressly exempted under | 2756 |
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall | 2757 |
operate any motorcycle upon a public road or highway or any public | 2758 |
or private property used by the public for purposes of vehicular | 2759 |
travel or parking in this state unless the person has a valid | 2760 |
license as a motorcycle operator that was issued upon application | 2761 |
by the registrar of motor vehicles under Chapter 4507. of the | 2762 |
Revised Code. The license shall be in the form of an endorsement, | 2763 |
as determined by the registrar, upon a driver's or commercial | 2764 |
driver's license, if the person has a valid license to operate a | 2765 |
motor vehicle or commercial motor vehicle, or in the form of a | 2766 |
restricted license as provided in section 4507.14 of the Revised | 2767 |
Code, if the person does not have a valid license to operate a | 2768 |
motor vehicle or commercial motor vehicle. | 2769 |
(B) Whoever violates this section is guilty of operating a | 2770 |
motor vehicle without a valid license and shall be punished as | 2771 |
follows: | 2772 |
(1) If the trier of fact finds that the offender never has | 2773 |
held a valid driver's or commercial driver's license issued by | 2774 |
this state or any other jurisdiction, or, in a case involving the | 2775 |
operation of a motorcycle by the offender, if the offender has | 2776 |
never held a valid license as a motorcycle operator, either in the | 2777 |
form of an endorsement upon a driver's or commercial driver's | 2778 |
license or in the form of a restricted license, except as | 2779 |
otherwise provided in this division, the offense is an | 2780 |
unclassified misdemeanor. | 2781 |
misdemeanor, the offender shall be sentenced pursuant to sections | 2782 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 2783 |
shall not be sentenced to a jail term; the offender shall not be | 2784 |
sentenced to a community residential sanction pursuant to section | 2785 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 2786 |
section 2929.28 of the Revised Code, the offender may be fined up | 2787 |
to one thousand dollars
| 2788 |
of section 2929.27 of the Revised Code, the offender may be | 2789 |
ordered pursuant to division (B) of
that section | 2790 |
2791 | |
community service of up to five hundred hours. If the offender | 2792 |
previously was convicted of or pleaded guilty to any violation of | 2793 |
this section or a substantially equivalent municipal ordinance, | 2794 |
the offense is a misdemeanor of the first degree. | 2795 |
(2) | 2796 |
the offender's driver's or commercial driver's license or permit | 2797 |
or, in a case involving the operation of a motorcycle by the | 2798 |
offender, the offender's driver's or commercial driver's license | 2799 |
bearing the motorcycle endorsement or the offender's restricted | 2800 |
license was expired at the time of the offense, except as | 2801 |
otherwise provided in this division, the offense is a minor | 2802 |
misdemeanor. If | 2803 |
| 2804 |
previously was convicted of or pleaded guilty to three or more | 2805 |
violations of this section or a substantially equivalent municipal | 2806 |
ordinance
| 2807 |
misdemeanor of the first degree. | 2808 |
(C) The court shall not impose a license suspension for a | 2809 |
first violation of this section or if more than three years have | 2810 |
passed since the offender's last violation of this section or a | 2811 |
substantially equivalent municipal ordinance. | 2812 |
(D) If the offender is sentenced under division (B)(2) of | 2813 |
this section, if within three years of the offense the offender | 2814 |
previously was convicted of or pleaded guilty to one or more | 2815 |
violations of this section or a substantially equivalent municipal | 2816 |
ordinance | 2817 |
license was expired for more than six months at the time of the | 2818 |
offense, the court shall impose a class seven suspension of the | 2819 |
offender's | 2820 |
temporary instruction permit, probationary license, or nonresident | 2821 |
operating privilege from the range specified in division (A)(7) of | 2822 |
section 4510.02 of the Revised Code. | 2823 |
Sec. 4510.16. (A) No person, whose driver's or commercial | 2824 |
driver's license or temporary instruction permit or nonresident's | 2825 |
operating privilege has been suspended or canceled pursuant to | 2826 |
Chapter 4509. of the Revised Code, shall operate any motor vehicle | 2827 |
within this state, or knowingly permit any motor vehicle owned by | 2828 |
the person to be operated by another person in the state, during | 2829 |
the period of the suspension or cancellation, except as | 2830 |
specifically authorized by Chapter 4509. of the Revised Code. No | 2831 |
person shall operate a motor vehicle within this state, or | 2832 |
knowingly permit any motor vehicle owned by the person to be | 2833 |
operated by another person in the state, during the period in | 2834 |
which the person is required by section 4509.45 of the Revised | 2835 |
Code to file and maintain proof of financial responsibility for a | 2836 |
violation of section 4509.101 of the Revised Code, unless proof of | 2837 |
financial responsibility is maintained with respect to that | 2838 |
vehicle. | 2839 |
(B)(1) Whoever violates this section is guilty of driving | 2840 |
under financial responsibility law suspension or cancellation | 2841 |
Except as otherwise provided in this division, the offense is an | 2842 |
unclassified misdemeanor. | 2843 |
misdemeanor, the offender shall be sentenced pursuant to sections | 2844 |
2929.21 to 2929.28 of the Revised Code, except that the offender | 2845 |
shall not be sentenced to a jail term; the offender shall not be | 2846 |
sentenced to a community residential sanction pursuant to section | 2847 |
2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of | 2848 |
section 2929.28 of the Revised Code, the offender may be fined up | 2849 |
to one thousand dollars | 2850 |
of section 2929.27 of the Revised Code, the offender may be | 2851 |
ordered pursuant to division (B) of that section | 2852 |
2853 | |
community service of up to five hundred hours. If, within three | 2854 |
years of the offense, the offender previously was convicted of or | 2855 |
pleaded guilty to two or more violations of this section or a | 2856 |
substantially equivalent municipal ordinance | 2857 |
2858 | |
shall impose a class seven suspension of the offender's driver's | 2859 |
or commercial driver's license or permit or nonresident operating | 2860 |
privilege for the period of time specified in division (A)(7) of | 2861 |
section 4510.02 of the Revised Code. | 2862 |
(2) If the vehicle is registered in the offender's name and | 2863 |
division (B)(3) of this section does not apply, the court, in | 2864 |
addition to or independent of any other sentence that it imposes | 2865 |
upon the offender, may order the immobilization for no more than | 2866 |
thirty days of the vehicle involved in the offense and the | 2867 |
impoundment for no more than thirty days of the license plates of | 2868 |
that vehicle. | 2869 |
(3) If the vehicle is registered in the offender's name and | 2870 |
if, within five years of the offense, the offender has been | 2871 |
convicted of or pleaded guilty to one violation of this section or | 2872 |
a substantially similar municipal ordinance, the court, in | 2873 |
addition to or independent of any other sentence that it imposes | 2874 |
on the offender, shall order the immobilization for sixty days of | 2875 |
the vehicle involved in the offense and impoundment for sixty days | 2876 |
of the license plates of that vehicle. | 2877 |
If the vehicle is registered in the offender's name and if, | 2878 |
within five years of the offense, the offender has been convicted | 2879 |
of or pleaded guilty to two or more violations of this section or | 2880 |
a substantially similar municipal ordinance, the court, in | 2881 |
addition to or independent of any other sentence that it imposes | 2882 |
upon the offender, shall order the criminal forfeiture to the | 2883 |
state of the vehicle involved in the offense. If title to a motor | 2884 |
vehicle that is subject to an order for criminal forfeiture under | 2885 |
this division is assigned or transferred and division (B)(2) or | 2886 |
(3) of section 4503.234 of the Revised Code applies, in addition | 2887 |
to or independent of any other penalty established by law, the | 2888 |
court may fine the offender the value of the vehicle as determined | 2889 |
by publications of the national auto dealers association. The | 2890 |
proceeds from any fine so imposed shall be distributed in | 2891 |
accordance with division (C)(2) of that section. | 2892 |
(C) Any order for immobilization and impoundment under this | 2893 |
section shall be issued and enforced in accordance with sections | 2894 |
4503.233 and 4507.02 of the Revised Code, as applicable. Any order | 2895 |
of criminal forfeiture shall be issued and enforced in accordance | 2896 |
with section 4503.234 of the Revised Code. The court shall not | 2897 |
release a vehicle from immobilization orders under this section | 2898 |
unless the court is presented with current proof of financial | 2899 |
responsibility with respect to that vehicle. | 2900 |
Sec. 4510.73. (A) It is the intent of this section to allow | 2901 |
all issues concerning driver's licenses to be litigated in a | 2902 |
single forum, not to eliminate any forum venue in existence on the | 2903 |
effective date of this section. | 2904 |
(B) Notwithstanding any provision of the Revised Code to the | 2905 |
contrary, any court whose jurisdiction has been invoked under this | 2906 |
chapter or any other chapter of the Revised Code regarding a | 2907 |
driver's license matter, other than a matter involving a | 2908 |
commercial driver's license, is hereby conferred concurrent | 2909 |
jurisdiction to adjudicate all issues and appeals regarding that | 2910 |
driver's license matter, including issues of validity, suspension, | 2911 |
and, with regard to any suspension imposed by the bureau of motor | 2912 |
vehicles, driving privileges. Nothing in this section shall be | 2913 |
construed as applying to any issue involving a commercial driver's | 2914 |
license, except that a court may adjudicate an issue that does not | 2915 |
relate to a commercial driver's license but involves a holder of a | 2916 |
commercial driver's license so long as the court does not alter | 2917 |
the status of that holder's commercial driver's license. In the | 2918 |
event that another court has obtained jurisdiction over one or | 2919 |
more driver's license suspensions imposed by the bureau involving | 2920 |
the same driver's license holder, that jurisdiction may not be | 2921 |
divested by an action filed under this section unless that court | 2922 |
transfers its jurisdiction over that holder's driver's license | 2923 |
issue by issuance of a court order. | 2924 |
(C)(1) The court's jurisdiction over a particular driver's | 2925 |
license issue may be invoked by a motion, appeal, or petition | 2926 |
filed by a holder of a driver's license. Any such motion, appeal, | 2927 |
or petition shall state the issue with respect to which the | 2928 |
court's jurisdiction is invoked. | 2929 |
(2) When a court's jurisdiction over a driver's license issue | 2930 |
is properly invoked, that court shall adjudicate all issues and | 2931 |
appeals brought before the court regarding that issue, unless the | 2932 |
motion, appeal, or petition is withdrawn. | 2933 |
(D) Any court whose jurisdiction is invoked under this | 2934 |
section shall have the discretionary authority to issue a stay of | 2935 |
any suspension pending resolution of the matters before the court. | 2936 |
This provision does not alter or eliminate any automatic stay | 2937 |
provision provided for elsewhere in the Revised Code. | 2938 |
(E) Any court whose jurisdiction is invoked under this | 2939 |
section, in its discretion, may order the bureau to renew the | 2940 |
holder's driver's license pending resolution of the matters before | 2941 |
the court, provided that the license is not more than six months | 2942 |
expired prior to the date of application for renewal. The court, | 2943 |
in its discretion, also may order the bureau to renew the holder's | 2944 |
driver's license in its final judgment, provided that the license | 2945 |
is not more than six months expired prior to the date of | 2946 |
application for renewal. | 2947 |
(F) If jurisdiction is invoked under this section in a court | 2948 |
of common pleas or county court, the prosecuting attorney of the | 2949 |
county in which the case is pending shall represent the registrar | 2950 |
in the proceedings; provided, that if the driver's license holder | 2951 |
resides in a municipal corporation that lies within the | 2952 |
jurisdiction of a county court, the city director of law, village | 2953 |
solicitor, or similar chief legal officer of the municipal | 2954 |
corporation shall represent the registrar in the proceedings. In a | 2955 |
municipal court, the registrar shall be represented in the | 2956 |
resulting proceedings as provided in section 1901.34 of the | 2957 |
Revised Code. At the election of the registrar, the attorney | 2958 |
general may enter the proceedings at any time and henceforth | 2959 |
represent the registrar in the case. | 2960 |
(G) Either party may appeal the final judgment of the court. | 2961 |
Any such appeal shall be taken as provided in section 1901.30 or | 2962 |
1907.30 of the Revised Code and shall conform with Chapter 2505. | 2963 |
of the Revised Code. | 2964 |
Sec. 4549.02. (A) In case of accident to or collision with | 2965 |
persons or property upon any of the public roads or highways, due | 2966 |
to the driving or operation thereon of any motor vehicle, the | 2967 |
person driving or operating the motor vehicle, having knowledge of | 2968 |
the accident or collision, immediately shall stop the driver's or | 2969 |
operator's motor vehicle at the scene of the accident or collision | 2970 |
and shall remain at the scene of the accident or collision until | 2971 |
the driver or operator has given the driver's or operator's name | 2972 |
and address and, if the driver or operator is not the owner, the | 2973 |
name and address of the owner of that motor vehicle, together with | 2974 |
the registered number of that motor vehicle, to any person injured | 2975 |
in the accident or collision or to the operator, occupant, owner, | 2976 |
or attendant of any motor vehicle damaged in the accident or | 2977 |
collision, or to any police officer at the scene of the accident | 2978 |
or collision. | 2979 |
In the event the injured person is unable to comprehend and | 2980 |
record the information required to be given by this section, the | 2981 |
other driver involved in the accident or collision forthwith shall | 2982 |
notify the nearest police authority concerning the location of the | 2983 |
accident or collision, and the driver's name, address, and the | 2984 |
registered number of the motor vehicle the driver was operating, | 2985 |
and then remain at the scene of the accident or collision until a | 2986 |
police officer arrives, unless removed from the scene by an | 2987 |
emergency vehicle operated by a political subdivision or an | 2988 |
ambulance. | 2989 |
If the accident or collision is with an unoccupied or | 2990 |
unattended motor vehicle, the operator who collides with the motor | 2991 |
vehicle shall securely attach the information required to be given | 2992 |
in this section, in writing, to a conspicuous place in or on the | 2993 |
unoccupied or unattended motor vehicle. | 2994 |
(B) Whoever violates division (A) of this section is guilty | 2995 |
of failure to stop after an accident, a misdemeanor of the first | 2996 |
degree. If the | 2997 |
physical harm to a person, failure to stop after an accident is a | 2998 |
felony of the fifth degree. If the | 2999 |
results in the death of a person, failure to stop after an | 3000 |
accident is a felony of the third degree. The court, in addition | 3001 |
to any other penalties provided by law, shall impose upon the | 3002 |
offender a class five suspension of the offender's driver's | 3003 |
license, commercial driver's license, temporary instruction | 3004 |
permit, probationary license, or nonresident operating privilege | 3005 |
from the range specified in division (A)(5) of section 4510.02 of | 3006 |
the Revised Code. No judge shall suspend the first six months of | 3007 |
suspension of an offender's license, permit, or privilege required | 3008 |
by this division. | 3009 |
Sec. 4549.021. (A) In case of accident or collision | 3010 |
resulting in injury or damage to persons or property upon any | 3011 |
public or private property other than public roads or highways, | 3012 |
due to the driving or operation thereon of any motor vehicle, the | 3013 |
person driving or operating the motor vehicle, having knowledge of | 3014 |
the accident or collision, shall stop, and, upon request of the | 3015 |
person injured or damaged, or any other person, shall give that | 3016 |
person the driver's or operator's name and address, and, if the | 3017 |
driver or operator is not the owner, the name and address of the | 3018 |
owner of that motor vehicle, together with the registered number | 3019 |
of that motor vehicle, and, if available, exhibit the driver's or | 3020 |
operator's driver's or commercial driver's license. | 3021 |
If the owner or person in charge of the damaged property is | 3022 |
not furnished such information, the driver of the motor vehicle | 3023 |
involved in the accident or collision, within twenty-four hours | 3024 |
after the accident or collision, shall forward to the police | 3025 |
department of the city or village in which the accident or | 3026 |
collision occurred or if it occurred outside the corporate limits | 3027 |
of a city or village to the sheriff of the county in which the | 3028 |
accident or collision occurred the same information required to be | 3029 |
given to the owner or person in control of the damaged property | 3030 |
and give the date, time, and location of the accident or | 3031 |
collision. | 3032 |
If the accident or collision is with an unoccupied or | 3033 |
unattended motor vehicle, the operator who collides with the motor | 3034 |
vehicle shall securely attach the information required to be given | 3035 |
in this section, in writing, to a conspicuous place in or on the | 3036 |
unoccupied or unattended motor vehicle. | 3037 |
(B) Whoever violates division (A) of this section is guilty | 3038 |
of failure to stop after a nonpublic road accident, a misdemeanor | 3039 |
of the first degree. If the | 3040 |
results in serious physical harm to a person, failure to stop | 3041 |
after a nonpublic road accident is a felony of the fifth degree. | 3042 |
If the | 3043 |
person, failure to stop after a nonpublic road accident is a | 3044 |
felony of the third degree. The court, in addition to any other | 3045 |
penalties provided by law, shall impose upon the offender a class | 3046 |
five suspension of the offender's driver's license, commercial | 3047 |
driver's license, temporary instruction permit, probationary | 3048 |
license, or nonresident operating privilege from the range | 3049 |
specified in division (A)(5) of section 4510.02 of the Revised | 3050 |
Code. No judge shall suspend the first six months of suspension of | 3051 |
an offender's license, permit, or privilege required by this | 3052 |
division. | 3053 |
Section 2. That existing sections 1901.01, 1901.02, 1901.03, | 3054 |
1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 1907.11, | 3055 |
2743.48, 2929.15, 2929.24, 2929.25, 2937.07, 4507.02, 4510.11, | 3056 |
4510.12, 4510.16, 4549.02, and 4549.021 of the Revised Code are | 3057 |
hereby repealed. | 3058 |
Section 3. (A) Effective January 1, 2011, the Putnam County | 3059 |
County Court is abolished. | 3060 |
(B) All causes, executions, and other proceedings pending in | 3061 |
the Putnam County County Court at the close of business on | 3062 |
December 31, 2010, shall be transferred to and proceed in the | 3063 |
Putnam County Municipal Court on January 1, 2011, as if originally | 3064 |
instituted in the Putnam County Municipal Court. Parties to those | 3065 |
causes, judgments, executions, and proceedings may make any | 3066 |
amendments to their pleadings that are required to conform them to | 3067 |
the rules of the Putnam County Municipal Court. The Clerk of the | 3068 |
Putnam County County Court or other custodian shall transfer to | 3069 |
the Putnam County Municipal Court all pleadings, orders, entries, | 3070 |
dockets, bonds, papers, records, books, exhibits, files, moneys, | 3071 |
property, and persons that belong to, are in the possession of, or | 3072 |
are subject to the jurisdiction of the Putnam County County Court, | 3073 |
or any officer of that court, at the close of business on December | 3074 |
31, 2010, and that pertain to those causes, judgments, executions, | 3075 |
and proceedings. | 3076 |
(C) All employees of the Putnam County County Court shall be | 3077 |
transferred to and shall become employees of the Putnam County | 3078 |
Municipal Court on January 1, 2011. | 3079 |
(D) Effective January 1, 2011, the part-time judgeship in the | 3080 |
Putnam County County Court is abolished. | 3081 |
Section 4. Sections 1901.01, 1901.02, 1901.03, 1901.07, | 3082 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 of the | 3083 |
Revised Code, as amended by this act, shall take effect January 1, | 3084 |
2011. | 3085 |