As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 265


Representatives Slaby, O'Brien 

Cosponsors: Representatives Grossman, Huffman, Blessing, Blair, Stebelton 

A BILL
To amend sections 1901.24, 1907.29, 2152.67, 2937.08, 1
2938.04, 2938.05, 2945.05, and 2945.06 of the 2
Revised Code to authorize prosecuting attorneys to 3
demand a jury trial in a criminal case, 4
notwithstanding a defendant's waiver of trial by 5
jury and over a defendant's objection.6


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

       Section 1. That sections 1901.24, 1907.29, 2152.67, 2937.08, 7
2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code be 8
amended to read as follows:9

       Sec. 1901.24.  (A) A jury trial in a municipal court shall be 10
demanded in the manner prescribed in the Rules of Civil Procedure 11
or the Rules of Criminal Procedure. The number of persons 12
composing a jury and the verdicts of jurors shall be governed by 13
those rules.14

       (B) The right of a person to a jury trial in a municipal 15
court is waived under the circumstances prescribed in the Rules of 16
Civil Procedure or the Rules of Criminal Procedure.17

       (C) The prosecuting attorney, a village solicitor, a city 18
director of law, or a similar chief legal officer for a municipal 19
corporation responsible for prosecuting a criminal case before a 20
municipal court may demand a jury trial in any criminal case in 21
which a defendant may demand a jury trial. The prosecuting 22
attorney, village solicitor, city director of law, or similar 23
chief legal officer may demand a jury trial notwithstanding a 24
defendant's failure to demand a jury trial and over the objection 25
of the defendant.26

       Sec. 1907.29.  (A) A jury trial shall be demanded in the 27
manner prescribed in the Rules of Civil Procedure or the Rules of 28
Criminal Procedure. The number of persons composing a jury and the 29
verdicts of jurors shall be governed by those rules.30

       (B) The right of a person to a jury trial is waived under the 31
circumstances prescribed in the Rules of Civil Procedure or the 32
Rules of Criminal Procedure.33

       (C) The prosecuting attorney, village solicitor, city 34
director of law, or similar chief legal officer for a municipal 35
corporation responsible for prosecuting a criminal case before a 36
county court may demand a jury trial in any criminal case in which 37
a defendant may demand a jury trial. The prosecuting attorney, 38
city director of law, village solicitor, or similar chief legal 39
officer may demand a jury trial notwithstanding a defendant's 40
failure to demand a jury trial and over the objection of the 41
defendant. 42

       (D) If, as a result of challenges or other causes, a jury 43
panel is not full, the deputy sheriff or constable who is in 44
attendance at a trial before a county court may fill the panel in 45
the same manner as the sheriff fills a panel in the court of 46
common pleas.47

       (D)(E) The judge of the county court involved in a case shall 48
administer an oath to the jury to try the matters in difference 49
between the parties that are to be determined by the jury, and to 50
give a verdict in accordance with the evidence.51

       (E)(F) After the jurors are sworn in a case before a county 52
court, they shall sit together and hear the proofs and allegations 53
of the parties. After the hearing, the jury shall be kept together 54
in a convenient place until they have agreed upon their verdict or 55
have been discharged by the county court judge involved in the 56
case.57

       (F)(G) If an action being tried to a jury in a county court 58
is continued, the jurors shall attend at the time and place 59
appointed for trial without further notice.60

       (G)(H) The judge of a county court involved in a case may 61
punish as for contempt any juror who neglects or refuses to attend 62
when properly summoned or who, although in attendance, refuses to 63
serve.64

       (H)(I) If, in a civil action before a county court, the judge 65
is satisfied that the number of jurors required by Civil Rule 48 66
for concurrence purposes cannot concur in a verdict, and the jury 67
has deliberated upon the verdict for a reasonable time, the judge 68
may discharge the jury and continue the action. If either party 69
requests a new jury, the judge shall cause the selection of 70
another jury. If the action is continued, it shall be continued to 71
a time that the judge considers reasonable unless the parties or 72
their attorneys agree on a longer or shorter time.73

       Sec.  2152.67.  Any adult who is arrested or charged under any 74
provision in this chapter and who is charged with a crime may 75
demand a trial by jury, or the. The prosecuting attorney may 76
demand a trial by jury notwithstanding a defendant's failure to 77
demand a trial by jury and over the objection of the defendant. 78
The juvenile judge upon the judge's own motion may call a jury. A 79
demand for a jury trial shall be made in writing in not less than 80
three days before the date set for trial, or within three days 81
after counsel has been retained, whichever is later. Sections 82
2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to 83
the drawing and impaneling of jurors in criminal cases in the 84
court of common pleas, other than in capital cases, shall apply to 85
a jury trial under this section. The compensation of jurors and 86
costs of the clerk and sheriff shall be taxed and paid in the same 87
manner as in criminal cases in the court of common pleas.88

       Sec. 2937.08.  Upon a plea of not guilty or a plea of once in 89
jeopardy, if the charge be a misdemeanor in a court of record, the 90
court shall proceed to set the matter for trial at a future time, 91
pursuant to Chapter 2938. of the Revised Code, and shall let 92
accused to bail pending such trial. Or hethe court may, but only 93
if both prosecutor and accused expressly consent, set the matter 94
for trial forthwith.95

       Upon the entry of such pleas to a charge of misdemeanor in a 96
court not of record, the magistrate shall forthwith set the matter 97
for future trial or, with the consent of both state and defendant 98
may set trial forthwith, both pursuant to Chapter 2938. of the 99
Revised Code, provided that if. If the nature of the offense is 100
such that right to jury trial exists, such matter shall not be 101
tried before himthe magistrate unless the accused, by writing 102
subscribed by himthe accused, waives a jury and consents to be 103
tried by the magistrate and the prosecutor does not request a 104
trial by jury. The prosecutor may demand a jury trial in any 105
matter that the defendant has the right to jury trial. If the 106
prosecutor demands a jury trial, the matter shall not be tried 107
before the magistrate, notwithstanding the defendant's waiver of a 108
jury trial or the objection of the defendant.109

       If the defendant in such event does not waive right to jury 110
trial or if the prosecutor requests a trial by jury, then the 111
magistrate shall require the accused to enter into recognizance to 112
appear before a court of record in the county, set by such 113
magistrate, and the magistrate shall thereupon certify all papers 114
filed, together with transcript of proceedings and accrued costs 115
to date, and such recognizance if given, to such designated court 116
of record. Such transfer shall not require the filing of 117
indictment or information and trial shall proceed in the 118
transferee court pursuant to Chapter 2938. of the Revised Code.119

       Sec. 2938.04. (A) In courts of record, the right to trial by 120
jury as defined in section 2945.17 of the Revised Code shall be 121
claimed by making demand in writing thereforfor a jury trial and 122
filing the samedemand with the clerk of the court not less than 123
three days prior to the date set for trial or on the day following 124
receipt of notice whichever is the later. Failure to claim jury 125
trial as provided in this section is a complete waiver of right 126
theretoto a jury trial. In courts not of record, a jury trial may 127
not be had, but a failure to waive a jury trial in writing where 128
right to a jury trial may be asserted shall require the magistrate 129
to certify suchthe case to a court of record as provided in 130
section 2937.08 of the Revised Code.131

       (B) The prosecuting attorney, city director of law, village 132
solicitor, or similar chief legal officer responsible for 133
prosecuting a criminal case before a court of record under this 134
chapter may demand a jury trial in any case in which a defendant 135
may demand a jury trial. The prosecuting attorney, village 136
solicitor, city director of law, or similar chief legal officer 137
may demand a jury trial notwithstanding a defendant's failure to 138
demand a jury trial and over the objection of the defendant.139

       Sec. 2938.05. Claim ofA defendant's claim for a jury trial, 140
once made, may be withdrawn by a defendant by a written waiver of141
a jury but in such case the court may, iftrial. A defendant's 142
withdrawal of a claim for a jury trial does not affect a demand 143
for a jury trial by a prosecuting attorney, city director of law, 144
village solicitor, or similar chief legal officer under section 145
2938.04 of the Revised Code. If a jury has been summoned,146
pursuant to the defendant's claim for a jury trial, the court may147
require accusedthe defendant to pay all costs of mileage and fees 148
of members of the venire for one day's service, notwithstanding 149
the outcome of the case. No withdrawal of a claim for a jury trial150
shall effect any re-transfer of a case, once it has been certified 151
to a court of record.152

       Sec. 2945.05. (A) In all criminal cases pending in courts of 153
record in this state, the defendant may waive a trial by jury and 154
be tried by the court without a jury. SuchA waiver of a trial by 155
jury by a defendant, shall be in writing, signed by the defendant, 156
and filed in said cause and made a part of the record thereof. It 157
shall be entitled in the court and cause, and in substance as 158
follows: "I ..............., defendant in the above cause, hereby 159
voluntarily waive and relinquish my right to a trial by jury, and 160
elect to be tried by a Judge of the Court in which the said cause 161
may be pending. I fully understand that under the laws of this 162
state, I have a constitutional right to a trial by jury."163

       SuchA waiver of trial by jury must be made in open court 164
after the defendant has been arraigned and has had an opportunity 165
to consult with counsel. SuchThe waiver may be withdrawn by the 166
defendant at any time before the commencement of the trial.167

       (B) The prosecuting attorney, city director of law, village 168
solicitor, or similar chief legal officer responsible for 169
prosecuting the criminal case may demand a trial by jury in any 170
criminal case that is pending in a court of record in this state 171
in which a defendant may demand a trial by jury. The prosecuting 172
attorney, city director of law, village solicitor, or similar 173
chief legal officer responsible for prosecuting the criminal case 174
may demand a trial by jury notwithstanding the defendant's waiver 175
of a trial by jury and over the objection of the defendant.176

       Sec. 2945.06.  In any case in which a defendant waives his177
the right to trial by jury and elects to be tried by the court 178
under section 2945.05 of the Revised Code, if the prosecuting 179
attorney, city director of law, village solicitor, or similar 180
chief legal officer responsible for prosecuting the criminal case 181
has not demanded a trial by jury in that case any judge of the 182
court in which the cause is pending shall proceed to hear, try, 183
and determine the cause in accordance with the rules and in like 184
manner as if the cause were being tried before a jury. If the 185
accused is charged with an offense punishable with death, he shall 186
be tried by a court to be composed of three judges, consisting of 187
the judge presiding at the time in the trial of criminal cases and 188
two other judges to be designated by the presiding judge or chief 189
justice of that court, and in case there is neither a presiding 190
judge nor a chief justice, by the chief justice of the supreme 191
court. The judges or a majority of them may decide all questions 192
of fact and law arising upon the trial; however the accused shall 193
not be found guilty or not guilty of any offense unless the judges 194
unanimously find the accused guilty or not guilty. If the accused 195
pleads guilty of aggravated murder, a court composed of three 196
judges shall examine the witnesses, determine whether the accused 197
is guilty of aggravated murder or any other offense, and pronounce 198
sentence accordingly. The court shall follow the procedures 199
contained in sections 2929.03 and 2929.04 of the Revised Code in 200
all cases in which the accused is charged with an offense 201
punishable by death. If in the composition of the court it is 202
necessary that a judge from another county be assigned by the 203
chief justice, the judge from another county shall be compensated 204
for histhe judge's services as provided by section 141.07 of the 205
Revised Code.206

       Section 2. That existing sections 1901.24, 1907.29, 2152.67, 207
2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised 208
Code are hereby repealed.209