As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 168


Senator Hughes 

Cosponsors: Senators Patton, Sawyer, Seitz, Wagoner 

A BILL
To amend section 2935.23 of the Revised Code to 1
authorize the prosecuting attorney of a county or 2
chief legal officer of a municipal corporation to 3
issue an investigative subpoena for any criminal 4
offense.5


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

       Section 1. That section 2935.23 of the Revised Code be 6
amended to read as follows:7

       Sec. 2935.23.  After a felonycriminal offense has been 8
committed, and before any arrest has been made, the prosecuting 9
attorney of the county, the chief legal officer of the municipal 10
corporation, or any judge or magistrate, may cause subpoenas to 11
issue, returnable before any court or magistrate, for any person 12
to give information concerning such felonythe criminal offense. 13
The subpoenas shall require the witness to appear forthwith. 14
Before suchthe witness is required to give any information, he15
the witness must be informed of the purpose of the inquiry, and 16
that hethe witness is required to tell the truth concerning the 17
samepurpose of the inquiry. HeThe witness shall then be sworn 18
and be examined under oath by the prosecuting attorney, chief 19
legal officer, or the court or magistrate, subject to the 20
constitutional rights of the witness. SuchThe examination shall 21
be taken in writing in any form, and shall be filed with the court 22
or magistrate taking the testimony. Witness fees shall be paid to 23
such personsthe person as in other cases.24

       Section 2.  That existing section 2935.23 of the Revised Code 25
is hereby repealed.26