As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 268


Representatives Szollosi, Butler 

Cosponsors: Representatives Pillich, Garland, Letson, Antonio, Gardner, Yuko, Stinziano, Okey 



A BILL
To amend sections 3.08, 163.10, 311.17, 509.15, 1
733.73, 733.74, 1901.25, 1907.28, 2101.30, 2
2311.42, 2313.01, 2313.02, 2313.03, 2313.05, 3
2313.11, 2313.12, 2313.13, 2313.16, 2313.18, 4
2313.19, 2313.20, 2313.251, 2313.29, 2313.34, 5
2313.38, 2313.41, 2313.42, 2313.46, 2313.47, 6
2313.99, 2335.28, 2938.05, 2938.14, 2939.02, 7
2939.03, 2945.24, 2947.23, 3314.03, 3326.11, 8
5155.12, and 5563.05, to amend, for the purpose of 9
adopting new section numbers as indicated in 10
parentheses, sections 2313.05 (2313.04), 2313.11 11
(2313.18), 2313.13 (2313.15), 2313.16 (2313.14), 12
2313.18 (2313.19), 2313.19 (2313.07), 2313.20 13
(2313.08), 2313.251 (2313.10), 2313.29 (2313.20), 14
2313.34 (2313.22), 2313.38 (2313.11), 2313.41 15
(2313.16), 2313.42 (2313.17), 2313.46 (2313.24), 16
and 2313.47 (2313.13), to enact new sections 17
2313.05, 2313.06, 2313.09, 2313.21, and 2313.23, 18
and to repeal sections 2313.04, 2313.06, 2313.07, 19
2313.08, 2313.09, 2313.10, 2313.14, 2313.15, 20
2313.21, 2313.22, 2313.23, 2313.24, 2313.25, 21
2313.26, 2313.30, 2313.32, 2313.33, 2313.35, 22
2313.36, 2313.37, 2313.39, 2313.40, 2313.43, and 23
2313.45 of the Revised Code to modernize the 24
language of, to reorganize, and to remove obsolete 25
provisions from the jury service law.26


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

       Section 1. That sections 3.08, 163.10, 311.17, 509.15, 27
733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42, 2313.01, 28
2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13, 2313.16, 29
2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34, 2313.38, 30
2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28, 2938.05, 31
2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03, 3326.11, 32
5155.12, and 5563.05 be amended, that sections 2313.05 (2313.04), 33
2313.11 (2313.18), 2313.13 (2313.15), 2313.16 (2313.14), 2313.18 34
(2313.19), 2313.19 (2313.07), 2313.20 (2313.08), 2313.251 35
(2313.10), 2313.29 (2313.20), 2313.34 (2313.22), 2313.38 36
(2313.11), 2313.41 (2313.16), 2313.42 (2313.17), 2313.46 37
(2313.24), and 2313.47 (2313.13) be amended for the purpose of 38
adopting new section numbers as indicated in parentheses, and that 39
new sections 2313.05, 2313.06, 2313.09, 2313.21, and 2313.23 of 40
the Revised Code be enacted to read as follows:41

       Sec. 3.08.  Proceedings for the removal of public officers on 42
any of the grounds enumerated in section 3.07 of the Revised Code 43
shall be commenced by the filing of a written or printed complaint 44
specifically setting forth the charge and signed by qualified 45
electors of the state or political subdivision whose officer it is 46
sought to remove, not less in number than fifteen per cent of the 47
total vote cast for governor at the most recent election for the 48
office of governor in the state or political subdivision whose 49
officer it is sought to remove, or, if the officer sought to be 50
removed is the sheriff or prosecuting attorney of a county or the 51
mayor of a municipal corporation, the governor may sign and file 52
such written or printed complaint without the signatures of 53
qualified electors. Such complaint shall be filed with the court 54
of common pleas of the county where the officer against whom the 55
complaint is filed resides, except that when the officer against 56
whom the complaint is filed is a judge of the court of common 57
pleas, such complaint shall be filed in the court of appeals of 58
the district where such judge resides, and all complaints against 59
state officers shall be filed with the court of appeals of the 60
district where the officer against whom the complaint is filed 61
resides. The judge or clerk of the court shall cause a copy of 62
such complaint to be served upon the officer, against whom the 63
complaint has been filed, at least ten days before the hearing 64
upon such complaint. Such hearing shall be had within thirty days 65
from the date of the filing of the complaint by said electors, or 66
by the governor. The court may suspend the officer pending the 67
hearing.68

       The removal proceedings filed in the court of common pleas 69
shall be tried by a judge unless a jury trial is demanded in 70
writing by the officer against whom the complaint has been filed. 71
If a jury is demanded, it shall be composed of twelve persons who 72
satisfy the qualifications of a juror specified in section 2313.4273
2313.17 of the Revised Code. If nine or more persons of that jury 74
find one or more of the charges in the complaint are true, such 75
jury shall return a finding for the removal of the officer, which 76
finding shall be filed with the clerk of the court and be made a 77
matter of public record. If less than nine persons of that jury 78
find that the charges on the complaint are true, the jury shall 79
return a finding that the complaint be dismissed. The proceedings 80
had by a judge upon such removal shall be matters of public record 81
and a full detailed statement of the reasons for such removal 82
shall be filed with the clerk of the court and shall be made a 83
matter of public record.84

       Sec. 163.10.  The assessment of compensation may be made at a 85
regular or special term of court. The jury shall be selected from 86
the jurors drawn as prescribed in sections 2313.19 to 2313.2687
Chapter 2313. of the Revised Code, and qualified as in civil 88
actions. However, it shall be grounds for challenge for cause if a 89
juror has served in two appropriation trials in the current term 90
of court.91

       Sec. 311.17.  Except as provided in a contract entered into 92
under division (A) of section 3125.141 of the Revised Code, for 93
the services specified in this section, the sheriff shall charge 94
the following fees, which the court or its clerk shall tax in the 95
bill of costs against the judgment debtor or those legally liable 96
therefor for the judgment:97

       (A) For the service and return of the following writs and 98
orders:99

       (1) Execution:100

       (a) When money is paid without levy or when no property is 101
found, thirty dollars;102

       (b) When levy is made on real property, for the first tract, 103
twenty-five dollars, and for each additional tract, ten dollars;104

       (c) When levy is made on goods and chattels, including 105
inventory, fifty dollars.106

       (2) Writ of attachment of property, except for purpose of 107
garnishment, forty dollars;108

       (3) Writ of attachment for the purpose of garnishment, ten 109
dollars;110

       (4) Writ of replevin, forty dollars;111

       (5) Warrant to arrest, for each person named in the writ, 112
twenty dollars;113

       (6) Attachment for contempt, for each person named in the 114
writ, six dollars;115

       (7) Writ of possession or restitution, sixty dollars;116

       (8) Subpoena, for each person named in the writ, in either a 117
civil or criminal case, ten dollars;118

       (9) Venire, for each person named in the writ, in either a 119
civil or criminal case, six dollars;120

       (10) Summoning each juror, other than on venire, in either a 121
civil or criminal case, six dollars;122

       (11)(10) Writ of partition, twenty-five dollars;123

       (12)(11) Order of sale on partition, for the first tract, 124
fifty dollars, and for each additional tract, twenty-five dollars;125

       (13)(12) Other order of sale of real property, for the first 126
tract, fifty dollars, and for each additional tract, twenty-five 127
dollars;128

       (14)(13) Administering oath to appraisers, three dollars 129
each;130

       (15)(14) Furnishing copies for advertisements, one dollar for 131
each hundred words;132

       (16)(15) Copy of indictment, for each defendant, five 133
dollars;134

       (17)(16) All summons, writs, orders, or notices, for the 135
first name, six dollars, and for each additional name, one dollar.136

       (B) In addition to the fee for service and return:137

       (1) On each summons, writ, order, or notice, a fee of two 138
dollars per mile for the first mile, and one dollar per mile for 139
each additional mile, going and returning, actual mileage to be 140
charged on each additional name;141

       (2) Taking bail bond, three dollars;142

       (3) Jail fees, as follows:143

       (a) For receiving a prisoner, five dollars each time a 144
prisoner is received, and for discharging or surrendering a 145
prisoner, five dollars each time a prisoner is discharged or 146
surrendered. The departure or return of a prisoner from or to a 147
jail in connection with a program established under section 148
5147.28 of the Revised Code is not a receipt, discharge, or 149
surrender of the prisoner for purposes of this division.150

       (b) Taking a prisoner before a judge or court, per day, five 151
dollars;152

       (c) Calling action, one dollar;153

       (d) Calling jury, three dollars;154

       (e) Calling each witness, three dollars;155

       (f) Bringing prisoner before court on habeas corpus, six 156
dollars.157

       (4) Poundage on all moneys actually made and paid to the 158
sheriff on execution, decree, or sale of real estate, one and 159
one-half per cent;160

       (5) Making and executing a deed of land sold on execution, 161
decree, or order of the court, to be paid by the purchaser, fifty 162
dollars.163

       When any of the services described in division (A) or (B) of 164
this section are rendered by an officer or employee, whose salary 165
or per diem compensation is paid by the county, the applicable 166
legal fees and any other extraordinary expenses, including 167
overtime, provided for the service shall be taxed in the costs in 168
the case and, when collected, shall be paid into the general fund 169
of the county.170

        The sheriff shall charge the same fees for the execution of 171
process issued in any other state as the sheriff charges for the 172
execution of process of a substantively similar nature that is 173
issued in this state.174

       Sec. 509.15.  The following fees and expenses shall be taxed 175
as costs, collected from the judgment debtor, and paid to the 176
general fund of the appropriate township or district as 177
compensation due for services rendered by township constables or 178
members of the police force of a township police district or joint 179
police district:180

       (A) Serving and making return of each of the following:181

       (1) Order to commit to jail, order on jailer for prisoner, or 182
order of ejectment, including copies to complete service, one 183
dollar for each defendant named therein;184

       (2) Search warrant or warrant of arrest, for each person 185
named in the writ, five dollars;186

       (3) Writ of attachment of property, except for purpose of 187
garnishment, twenty dollars;188

       (4) Writ of attachment for the purpose of garnishment, five 189
dollars;190

       (5) Writ of possession or restitution, twenty dollars;191

       (6) Attachment for contempt, for each person named in the 192
writ, three dollars;193

       (7) Writ of replevin, twenty dollars;194

       (8) Summons and writs, subpoena, veniresummons of jurors, 195
and notice to garnishee, including copies to complete service, 196
three dollars for each person named therein;197

       (9) Execution against property or person, eighty cents, and 198
six per cent of all money thus collected;199

       (10) Any other writ, order, or notice required by law, for 200
each person named therein, including copies to complete service, 201
three dollars for the first name and fifty cents for each 202
additional name.203

       (B) Mileage for the distance actually and necessarily 204
traveled in serving and returning any of the preceding writs, 205
orders, and notices, fifty cents for the first mile and for each 206
additional mile, twenty cents;207

       (C) For attending a criminal case during the trial or hearing 208
and having charge of prisoners, each case, two dollars and fifty 209
cents, but, when so acting, such constable shall not be entitled 210
to a witness fee if called upon to testify;211

       (D) For attending civil court during a jury trial, each case, 212
two dollars;213

       (E) For attending civil court during a trial without jury, 214
each case, one dollar and fifty cents;215

       (F) The actual amount paid solely for the transportation, 216
meals, and lodging of prisoners, and for the moving and storage of 217
goods and the care of animals taken on any legal process, such 218
expense shall be specifically itemized on the back of the writs 219
and sworn to;220

       (G) For summoning and swearing appraisers, each case, two 221
dollars;222

       (H) For advertising property for sale, by posting, taken on 223
any legal process, one dollar;224

       (I) For taking and making return of any bond required by law, 225
eighty cents.226

       Notwithstanding anything to the contrary in this section, if 227
any comparable fee or expense specified under section 311.17 of 228
the Revised Code is increased to an amount greater than that set 229
forth in this section, the board of township trustees, board of 230
trustees of the township police district, or joint township police 231
district board, as appropriate, may require that the amount taxed 232
as costs under this section equal the amount specified under 233
section 311.17 of the Revised Code.234

       Sec. 733.73.  On the day fixed by the probate judge for the 235
return of the citation issued pursuant to section 733.72 of the 236
Revised Code, the village solicitor or city director of law shall 237
appear on behalf of the complainant to conduct the prosecution, 238
and the accused may also appear by counsel. A time shall be set 239
for hearing the case, which shall be not more than ten days after 240
such return. If a jury is demanded by either party, the probate 241
judge shall direct the summoning of twelve menjurors in the 242
manner provided by sections 2313.19 to 2313.26Chapter 2313. of 243
the Revised Code. In a municipal corporation having no village 244
solicitor or city director of law, or in case the village 245
solicitor or city director of law is accused of any misfeasance or 246
malfeasance in his office, the prosecuting attorney shall appear 247
on behalf of the complainant to conduct the prosecution.248

       Sec. 733.74.  On the day fixed for trial under section 733.73 249
of the Revised Code, if a jury is impaneled, either party, in 250
addition to the peremptory challenges allowed by law in other 251
cases, may object for good cause to any jurymanjuror summoned, 252
and vacancies occurring for any cause may be filled by the probate 253
judge from the bystanders until the panel is full, unless the 254
party charged, or histhe party's counsel, demands a special 255
venirethat additional jurors be summoned to fill such vacancy.256

       Sec. 1901.25.  A municipal court may provide by rule the 257
manner in which jurors shall be chosen, and may provide that 258
jurors to be used in the court may be chosen and summoned by the 259
jury commissioners of the county as provided in sections 2313.01 260
to 2313.26Chapter 2313. of the Revised Code. Selection shall be 261
made from residents within the territory and those appearing to 262
reside outside the territory shall be returned to the annual jury 263
wheel, to the automation data processing storage drawer, or to any 264
other automated data processing information storage device used 265
pursuant to division (C) of section 2313.21 of the Revised Code266
list. Jurors shall be impaneled in the same manner, shall have the 267
same qualifications, and shall be challenged for the same causes, 268
and shall receive the same fees as jurors in the court of common 269
pleas. Each municipal court shall establish the fees of jurors in 270
that court. The fees of jurors in any criminal case involving the 271
violation of state law shall be paid out of the county treasury. 272
The fees of jurors in any criminal case involving a violation of a 273
municipal ordinance shall be paid out of the treasury of the 274
municipal corporation in which the violation occurred.275

       Sec. 1907.28.  A county court may provide, by rule, how 276
jurors shall be chosen, and may provide that jurors to be used in 277
the court may be chosen and summoned by the jury commissioners of 278
the county as provided in Chapter 2313. of the Revised Code. 279
Selection shall be made from residents within the county court 280
district, and, if Chapter 2313. of the Revised Code is followed, 281
those appearing to reside outside the district shall be returned 282
to the annual jury wheel, to the automation data processing 283
storage drawer, or to such other automated data processing 284
information storage device used pursuant to division (C) of 285
section 2313.21 of the Revised Codelist.286

       Jurors shall be impaneled in the same manner, shall have the 287
same qualifications, shall be challenged for the same causes, and 288
shall receive the same fees as jurors in the court of common 289
pleas. The fees of jurors in any criminal case that involves a 290
violation of state law shall be paid out of the county treasury, 291
and the fees of jurors in any case that involves a violation of a 292
municipal ordinance shall be paid out of the treasury of the 293
municipal corporation that enacted the ordinance.294

       Sec. 2101.30.  Whenever a jury is required in the probate 295
court, the probate judge shall forthwith notify the commissioners 296
of jurors, who shall cause to be drawn from the annual jury wheel, 297
or to be drawn by use of the automation data processing equipment 298
and procedures described in section 2313.07 of the Revised Code,299
list the names of sixteen persons as jurymenjurors. Additional 300
names may be drawn if required. The clerk of the court of common 301
pleas or one of histhe clerk's deputies shall make a list of such 302
names in the order drawn and certify it to the probate court, and 303
such court shall issue a veniresummons commanding the persons 304
whose names were drawn to appear on the day and at the hour set 305
for trial. The probate court shall deliver the veniresummons to 306
the sheriff, who shall serve it within five days thereafter and 307
make prompt return of such service.308

       Sec. 2311.42.  In any civil case pending in the court of 309
common pleas of any county, whereinin which the parties thereto310
are entitled to a trial by jury, if it appears that the board of 311
county commissioners of the county in which suchthe action is 312
pending is a party theretoto the action, the court, upon the 313
application of either party, shall certify suchthat fact to the 314
clerk of suchthe court of common pleas in any adjoining county, 315
together with the time fixed for the trial of saidthe case and 316
the number of jurors to be drawn, and shall order suchthe clerk 317
and commissioners of jurors of that county to draw from the annual318
jury wheel, or draw by use of the automation data processing 319
equipment and procedures described in section 2313.07 of the 320
Revised Code,list the number of names of persons certified to 321
serve as jurors in the trial of such cases in such otherthat322
county. The venire shall be issued to the sheriff or commissioners 323
of jurors of the county from which suchthe jury is drawn, and324
shall be servedsummon the jurors as provided in section 2313.25325
2313.10 of the Revised Code. SuchThe persons so drawn and 326
summoned shall, in obedience to suchthe summons, appear in the 327
court of the county in which suchthe action is pending to serve 328
as jurors therein, being impaneled and subject to challenge the 329
same as in other civil cases.330

       Each juror shall receive the greater of the compensation 331
established for jurors in the adjoining county or three dollars 332
for each day of service and mileage, and all costs, including the 333
costs incident to the drawing, issuing, and service of the venire 334
shall be paid from the county treasury in which suchthe action is 335
pending upon certificate by the clerk of suchthat county as to 336
the service and mileage of saidthe jurors, and to the officers 337
performing suchthose services, upon the certificate of such338
those officers.339

       Sec. 2313.01. (A) The judges of the courtsgeneral division 340
of the court of common pleas shall appoint two suitable persons, 341
neither of whom shall be an attorney at law nor more than one of 342
whom shall be of the same political party, and either or both of 343
whom may be court employees, to be commissioners of jurors for the 344
county. The appointments shall be made in writing, by the judge or 345
a majority of all the judges in those counties where there is more 346
than one judge, and shall be filed in the office of the clerk of 347
the court of common pleas of the county and entered upon the 348
journal of the court. The commissioners shall hold office at the 349
pleasure of the judges of the court of common pleas in the county 350
of their appointment. The judges may at any time for good cause 351
shown and, by a vote of a majority of all their number, remove any 352
commissioner and appoint a successor. Upon a vacancy occurring in 353
the office of commissioners of jurors, for any cause, the said354
judges shall, as soon as practicable, in like manner appoint a 355
successor. The successor so appointed shall be of the same 356
political party as the commissioner whose place is to be filled. 357
The358

       The said commissioners shall be officers of the courts of359
recordcommon pleas in such county and shall attend upon each term 360
of such courts for which a jury is drawn.361

       (B) The commissioners may examine under oath any juror called 362
for trial as to that person's qualifications to serve as a juror.363

       Sec. 2313.02. (A) The commissioners of jurors shall receive 364
compensation fixed by the court of common pleas payable monthly365
out of the county treasury. They may appoint and remove, with the 366
consent of saidthe court, expressed in writing, as many deputy 367
commissioners as are necessary to carry out sections 2313.01 to 368
2313.46, inclusive,Chapter 2313. of the Revised Code. The deputy 369
commissioners shall receive compensation fixed and paid in like 370
manner as that of the commissionersby the court of common pleas 371
payable out of the county treasury. Such compensation may at any 372
time be changed by the said court. The commissioners may, with the 373
consent of said court, expressed in writing, from time to time 374
appoint such clerks and messengers as are necessary. The 375
compensation of such clerks and messengers shall be fixed by the 376
said court, and paid monthly by the county. All appointments made 377
under this section shall be filed in the office of the clerk of 378
the court of common pleas and entered on the journal of the court. 379
All such appointments of deputies, clerks, and messengers shall be 380
made on the basis of ascertained merit and fitness alone, in 381
accordance with rules prescribed by the said court.382

       (B) The commissioners of jurors may, in writing, authorize a 383
deputy to perform any duty or class of duties that a commissioner 384
may perform. The commissioners or any deputy may administer an 385
oath or affirmation in relation to any matter governed by Chapter 386
2313. of the Revised Code.387

       Sec. 2313.03.  Before entering upon the duties of their 388
office, the commissioners of jurors and any deputy commissioners389
shall take and subscribe to the following oath of office, and file 390
the sameit with the clerk of the court of common pleas:391

       "I do solemnly swear (or affirm) that I will honestly and 392
faithfully discharge the duties of a commissioner of jurors (or 393
deputy commissioner of jurors) without fear or favor; and that I 394
will consent to the selection of no person as juror whom I have 395
been solicited to name as juror or whom I believe to be unfit for 396
that position, or likely to render a partial verdict in any cause 397
in which he may be called as juror; and that I will report to the 398
court the names of any and all persons who, in any manner, seek by 399
request, hint, or suggestion to influence me in the selection of 400
jurors; and this I do as I shall answer to God" (or, "and this I 401
do under the pains and penalties of perjury").402

       Sec. 2313.05.        Sec. 2313.04.  The board of county commissioners 403
shall provide a suitable office for the commissioners of jurors on 404
the order of the court of common pleas, and shall make provision 405
for supplying all such booksequipment, stationery, printing, 406
automation data processing punch cards, magnetic tapes, magnetic 407
discs, punched paper tapes, or other similar devices for use in an 408
automated information retrieval systempostage, advertisement 409
expenses, computer software, and advertisingother supplies as are 410
requirednecessary for the discharge ofproper and convenient 411
conduct of the commissioners in discharging the duties imposed by 412
sections 2313.01 to 2313.46, inclusive,Chapter 2313. of the 413
Revised Code, in like manner as other public officers are 414
supplied.415

       Sec. 2313.05. The court of common pleas shall establish the 416
date on which the jury year shall begin. The court may divide each 417
jury year into parts.418

       Sec. 2313.06. (A) The commissioners of jurors shall compile a 419
new and complete jury source list annually in accordance with both 420
of the following:421

        (1) On a date ordered by the court of common pleas, the board 422
of elections for each county shall compile and file with the 423
commissioners of jurors of the county a certified, current list 424
containing the names, addresses, and dates of birth of all the 425
electors of the county shown on the registration lists for the 426
most recent general election. The board of elections shall remove 427
from the list of all electors those electors who have failed to 428
vote at least once during the preceding four consecutive years. 429
The voter list so compiled shall be the current voter list.430

        (2) On a date ordered by the court of common pleas of any 431
particular county, the registrar of motor vehicles shall compile 432
and file with the commissioners of jurors of each county a 433
certified, current list containing the names, addresses, dates of 434
birth, and citizenship of all residents of the particular county 435
who have been issued, on or after January 1, 1984, a commercial 436
driver's license pursuant to Chapter 4506. or a driver's license 437
or identification card pursuant to Chapter 4507. of the Revised 438
Code that is valid and current on the date of the compilation of 439
the list, who are or will be eighteen years of age or older as of 440
the day of the general election of the year in which the list is 441
filed, and who, regardless of whether they actually are registered 442
to vote, would be electors if they were registered to vote.443

        (B) In compiling the annual jury source list, the 444
commissioners, unless otherwise ordered by the court of common 445
pleas, shall include all names from the current voter list and may 446
include all names for the certified, current list of all names 447
provided to the commissioners from the registrar of motor 448
vehicles; provided that, upon merging the lists, any duplication 449
shall be eliminated. The commissioners shall exclude from the 450
annual jury source list the names of any jurors permanently 451
excused under section 2313.14 of the Revised Code and the names of 452
any jurors discharged under section 2313.21 of the Revised Code.453

        (C) The annual jury source list so compiled shall be 454
certified by the commissioners and filed in their office before 455
the beginning of each jury year. The names shall be entered in a 456
suitable book or record, to be known as the "annual jury source 457
list," and shall be arranged alphabetically. With each name shall 458
be recorded the place of residence, date of birth, and citizenship 459
of the person as nearly as they can be ascertained. A duplicate of 460
the list shall be certified by the commissioners and filed in the 461
office of the clerk of the court of common pleas.462

       (D) The commissioners may, by order of the court, supplement 463
the annual jury source list with the names of persons who, after 464
the list has been filed, are discovered to be qualified to serve 465
as jurors. The commissioners shall certify any supplemental jury 466
source list and file it in their office and in the office of the 467
clerk of the court of common pleas. Any supplemental jury source 468
list shall be added to the annual jury source list, and the 469
supplemented annual jury source list shall be used for the rest of 470
the jury year.471

       Sec. 2313.19.        Sec. 2313.07. (A) The number of jurors to be drawn 472
for each termthe jury year, and each separate part of a termjury 473
year, or for any special term of a court of record, at which 474
issues of facts are triable by jury, shall be fixed by a general 475
order of the court, for which such jurors are drawn. If it is not 476
so fixed, then the same shall be fixed by a written order made by 477
the judge appointed to hold the same, or in case of his absence or 478
inability to act, by another judge of the court. The order shall 479
be filed in the office of the clerk of the court for which the 480
jurors are to be drawn. If the number has not been fixed at the 481
time of the drawing, the commissioners of jurors shall draw such482
fix a number from the jury wheel, or by use of the automation data 483
processing equipment and procedures described in section 2313.07 484
of the Revised Code, as they deemdetermine necessary for the 485
business of the court for such term,jury year or for such part of 486
a term, if the term consists of two or more separate partsjury 487
year.488

       (B) At any time during the jury year, the court may order an 489
additional number of jurors to be drawn by the commissioners of 490
jurors for the jury year or for a part of a jury year at which the 491
order is made or for immediate service in a particular case. The 492
order shall specify the number to be drawn.493

       Sec. 2313.20.        Sec. 2313.08. (A) At least six days before the 494
drawing of jurors under section 2313.232313.09 of the Revised 495
Code, the commissioners of jurors shall publish notice of the 496
drawing, in at least one newspaper of general circulation in the 497
county. They shall also serve written notice upon the clerk of the 498
court of common pleas, the sheriff, and at least one judge of the 499
court of common pleas of the county. If all of the persons, or 500
their designated representatives, required do not attend the 501
drawing, the commissioners shall adjourn the drawing to another 502
day. Thereupon the commissioners shall forthwith serve written 503
notice upon the absent officers to attend upon the adjourned day, 504
and the officer failing to attend upon the adjourned day himself 505
or by his deputy or other designated representative shall forfeit 506
one hundred dollars to the state, and the prosecuting attorney 507
shall collect the amount by civil action.508

       In case of the absence of the clerk or his deputy or other 509
designated representative upon the adjourned day, the probate 510
judge or his designated representative shall attend the drawing in 511
his stead, and in case of the absence of the sheriff, or his 512
deputy or other designated representative, the prosecuting 513
attorney, or one of his assistants or other designated 514
representative shall attend the drawing in his stead.515

       (B) All drawings of jurors shall be public on a day 516
designated by the commissioners of jurors. A commissioner or a 517
designated deputy commissioner, a judge of the court of common 518
pleas or the judge's designated representative, and the clerk of 519
the court of common pleas or the clerk's deputy or other 520
designated representative shall attend at the office of the 521
commissioners to supervise the jury list selection process.522

       Sec. 2313.09. (A) To conduct a drawing of jurors, the 523
commissioners of jurors may use any manual, electronic, or 524
automated method that provides each person on the annual or 525
supplemental jury source list with an equal, random probability of 526
selection. The commissioners shall document the method used. The 527
list drawn shall be the annual jury list or supplemental annual 528
jury list.529

        (B) The commissioners shall certify and file in their office 530
the annual jury list or supplemental annual jury list. The 531
commissioners shall enter the names on the list alphabetically in 532
a suitable book or record to be known as the annual jury list or 533
supplemental annual jury list and record with each name the 534
person's place of residence, date of birth, and citizenship, as 535
nearly as they can be ascertained. The commissioners shall certify 536
and file in the office of the clerk of the court of common pleas a 537
duplicate of the list.538

       Sec. 2313.251.        Sec. 2313.10. The(A) The commissioners of jurors 539
may send to a juror whose name is drawn a printed notice informing 540
the juror that the juror has been drawn for jury duty and will be 541
summoned by the sheriff or commissioners of jurors. The notice may 542
contain copies of the portions of Chapter 2313. of the Revised 543
Code that the commissioners consider advisable.544

       (B) The commissioners of jurors may establish an electronic 545
notification system to allow a person who has been drawn as a 546
juror to be notified electronically that the juror shall attend in 547
person the termjury year or part of the termjury year specified 548
in the notice. The types of electronic notification include, but 549
are not limited to, cellular telephone, pager, e-mail, or other 550
forms of telecommunication. If the commissioners of jurors 551
establish an electronic notification system, the commissioners 552
shall establish a procedure for implementing the system, a 553
procedure for the juror to select the method of electronic 554
notification that is applicable to the juror, and a procedure for 555
the juror to opt in or opt out of the electronic notification 556
system, whichever is applicable.557

       (C) If under division (B) of this section the commissioners 558
of jurors establish a procedure for the electronic notification of 559
a person who has been drawn as a juror, the notice addressed to 560
the juror and served pursuant to division (B) of this section 561
shall specify the procedure for electronically notifying the 562
juror.563

       (D) The sheriff, commissioners of jurors, or clerk of the 564
court of common pleas shall summon each juror to attend in person 565
or electronically the jury year, part of a jury year, or specified 566
date within a part of the jury year for which the juror was drawn 567
by serving upon the juror at least six days before the 568
commencement of the jury year, part of a jury year, or specified 569
date within a part of the jury year a summons addressed to the 570
juror stating that the juror has been drawn and is required to 571
attend in person the jury year, part of a jury year, or specified 572
date within a part of the jury year specified in the notice. The 573
jury commissioners or sheriff shall serve the summons by mail or 574
by leaving it at the juror's residence or usual place of business.575

       (E) When the sheriff is interested in a cause in any court of 576
record, only the jury commissioners shall summon the jurors.577

       Sec. 2313.38.        Sec. 2313.11. (A) When, by reason of challenge or 578
other cause, enough jurors to make up the panel, either of the 579
grand or petit jury, are not present, or if the array is set 580
aside, upon order of the court the sheriff or commissioners of 581
jurors shall immediately summon talesmenuntil the deficiency is 582
made up. If the number for a grand jury is insufficient, the court 583
may issue a special venire to the sheriff commanding him to summon 584
the persons named therein to attend forthwith as grand jurorsas 585
many persons having the qualifications of a juror as, in the 586
opinion of the court, are necessary. The summoned jurors shall 587
appear forthwith or at such times as the court fixes.588

       (B) No person known to be in or about the courthouse shall be 589
summoned without the consent of both parties.590

       Sec. 2313.12.  It is the policy of this state that allevery591
qualified citizens havecitizen has an obligation to serve on 592
petit juries when summoned by the courts of this state unless the 593
citizen is excused as provided in sections 2313.01 to 2313.46594
Chapter 2313. of the Revised Code. The granting of an excuse or 595
postponement to a juror shall be permitted as prescribed by 596
sections 2313.01 to 2313.46 of the Revised Code and the general 597
statutes of the state. The commissioners of jurors, upon request, 598
shall issue to a person who is granted an excuse or postponement a 599
certificate of that fact, and the certificate shall excuse the 600
person to whom it is granted from jury service during the time 601
specified in the certificate or shall postpone the time for jury 602
service of the person to whom it is granted to the time specified 603
in the certificate. The commissioners shall keep a record of all 604
proceedings before them or in their office, of all persons who are 605
granted an excuse or postponement, and of the time of and reasons 606
for the excuse or postponement.607

       Sec. 2313.47.        Sec. 2313.13.  No officer or other person charged 608
with a duty in selecting or summoning jurors shall exclude or fail 609
to summon a citizen as a grand or petit juror on account of his610
race or color, national origin, gender, age, religious belief, 611
income, occupation, disability, or any other factor that forms the 612
basis of a cognizable group of citizens, provided such citizen 613
possesses all other qualifications required by law for jurors.614

       Sec. 2313.16.        Sec. 2313.14.  (A) Except as provided by section 615
2313.132313.15 of the Revised Code, the court of common pleas or 616
the commissioners of jurors shall not excuse a person who is 617
liable to serve as a juror and who is drawn and notified, unless 618
it is shown to the satisfaction of the judge or commissioners by 619
either the juror or another person acquainted with the facts that 620
one or more of the following applies:621

       (1) The interests of the public will be materially injured by 622
the juror's attendance.623

       (2) The juror's spouse or a near relative of the juror or the 624
juror's spouse has recently died or is dangerously ill.625

       (3) The juror is a cloistered member of a religious 626
organization.627

       (4) The prospective juror has a mental or physical condition 628
that causes the prospective juror to be incapable of performing 629
jury service. The court or commissioners may require the630
prospective juror, or the prospective juror's personal 631
representative, mustto provide the court with documentation from 632
a physician licensed to practice medicine verifying that a mental 633
or physical condition renders the prospective juror unfit for jury 634
service for a period of up to twenty-four monthsthe remainder of 635
the jury year.636

       (5) Jury service would otherwise cause undue or extreme 637
physical or financial hardship to the prospective juror or a 638
person under the care or supervision of the prospective juror. A 639
judge of the court for which the prospective juror was called to 640
jury service shall make undue or extreme physical or financial 641
hardship determinations. The judge may delegate the authority to 642
make these determinations to an appropriate court employee 643
appointed by the court.644

       (6) The juror is over seventy-five years of age, and the 645
juror requests to be excused.646

       (7) The prospective juror is an active member of a recognized 647
amishAmish sect and requests to be excused because of the 648
prospective juror's sincere belief that as a result of that 649
membership the prospective juror cannot pass judgment in a 650
judicial matter.651

       (8) The prospective juror is on active duty pursuant to an 652
executive order of the president of the United States, an act of 653
the congress of the United States, or section 5919.29 or 5923.21 654
of the Revised Code.655

       (B)(1) A prospective juror who requests to be excused from 656
jury service under this section shall take all actions necessary 657
to obtain a ruling on that request by not later than the date on 658
which the prospective juror is scheduled to appear for jury duty.659

       (2) A prospective juror who requests to be excused as 660
provided in division (A)(6) of this section shall inform the 661
appropriate court employee appointed by the court of the 662
prospective juror's request to be so excused by not later than the 663
date on which the prospective juror is scheduled to appear for 664
jury duty. The prospective juror shall inform that court employee 665
of the request to be so excused by appearing in person before the 666
employee or contacting the employee by telephone, in writing, or 667
by electronic mail.668

       (C)(1) For purposes of this section, undue or extreme 669
physical or financial hardship is limited to circumstances in 670
which any of the following apply:671

       (a) The prospective juror would be required to abandon a 672
person under the prospective juror's personal care or supervision 673
due to the impossibility of obtaining an appropriate substitute 674
caregiver during the period of participation in the jury pool or 675
on the jury.676

       (b) The prospective juror would incur costs that would have a 677
substantial adverse impact on the payment of the prospective 678
juror's necessary daily living expenses or on those for whom the 679
prospective juror provides the principal means of support.680

       (c) The prospective juror would suffer physical hardship that 681
would result in illness or disease.682

       (2) Undue or extreme physical or financial hardship does not 683
exist solely based on the fact that a prospective juror will be 684
required to be absent from the prospective juror's place of 685
employment.686

       (D) A prospective juror who asks a judge to grant an excuse 687
based on undue or extreme physical or financial hardship shall 688
provide the judge with documentation that the judge finds to 689
clearly support the request to be excused. If a prospective juror 690
fails to provide satisfactory documentation, the court may deny 691
the request to be excused.692

       (E) When a prospective juror who is liable to serve is 693
excused in a case specified in this section, the prospective juror 694
can be excused only by the judge presiding in the case or a 695
representative of the judge. An excuse, including whether or not 696
it is a permanent excuseor not, approved pursuant to this section 697
shall not extend beyond that termjury year. Every approved excuse 698
shall be recorded and filed with the commissioners of jurors. 699
After twenty-four months, a person excused from jury service shall 700
become eligible once again for qualification as a juror unless the 701
person was excused from service permanently. A person is excused 702
from jury service permanently only when the deciding judge 703
determines that the underlying grounds for being excused are of a 704
permanent nature.705

       (F) No person shall be exempted or excused from jury service 706
or be granted a postponement of jury service by reason of any 707
financial contribution to any public or private organization.708

       (G) The commissioners shall keep a record of all proceedings 709
before them or in their office, of all persons who are granted an 710
excuse or postponement, and of the time of and reasons for each 711
excuse.712

       Sec. 2313.13.        Sec. 2313.15. (A) The court of common pleas of a 713
county or the judge of the court of common pleas of a county, upon 714
aA juror may request made at least two business days before the 715
juror's initial appearance by a juror who appears in person or 716
contacts the appropriate court employee appointed by the court by 717
telephone, in writing, or by electronic mail, shall postponeand 718
the judge of the court of common pleas of a county, the 719
commissioners of jurors, or the appropriate court employee shall 720
grant, a postponement of the juror's initial appearance for jury 721
duty if both of the following apply:722

        (1) The juror has not previously been granted a postponement.723

       (2) The juror and the appropriate court employee appointed by 724
the court agree to a specified date on which the juror will appear 725
for jury service. The specified date shall be one on which the 726
court is in session and, unless extraordinary circumstances exist, 727
that is within the jury year and not more than six months after 728
the date for which the juror was originally called to serve. If 729
extraordinary circumstances exist, the court may, at the court's 730
discretion, specify a date on which the juror will appear for jury 731
service that is more than six months after the date for which the 732
juror was originally called to serve.733

       (B) The court of common pleas of a county or the judge of the 734
court of common pleas of a county may grant a second or subsequent 735
postponement of jury service to a juror only in the event of an 736
extreme emergency, such as a death in the juror's family, a sudden 737
illness of the juror, or a natural disaster or national emergency 738
in which the juror is personally involved, that could not have 739
been anticipated at the time the initial postponement was granted. 740
Before receiving a second or subsequent postponement, the juror 741
shall agree to a specified date on which the juror will appear for 742
jury service. The specified date shall be one on which the court 743
is in session and that is not more than six months after the date 744
of the postponement.745

       Each juror whose time of service on jury duty is postponed 746
until a specified date may be required to attend the opening of 747
court on that day and on each day after that day until the juror 748
is discharged, without additional summons from the court.749

       (C) After a juror appears for jury duty, the court of common 750
pleas of a county may postpone the juror's service at that term of 751
court for not more than three days at a time if the exigencies of 752
the juror's business require the juror's temporary excuse.753

       (D) The court of common pleas of a county, or a judge of the 754
court of common pleas of a county, may excuse until a specified 755
date one or more jurors summoned for jury duty whose attendance is 756
not required for the trial of issues until that day. Each juror 757
excused until a specified date may be required to attend the 758
opening of court on that day and on each day after that day until 759
the juror is discharged, without additional summons from the 760
court.761

       (D)(E) The court of common pleas of a county or a judge of 762
the court of common pleas of a county may excuse a juror, after 763
summoning the juror for jury duty, from service on jury duty at 764
that term of court for not more than three days at a time, if the 765
exigencies of the juror's business require the juror's temporary 766
excuseshall automatically postpone and reschedule to a mutually 767
agreeable date not more than six months from the date of the 768
summons the service of a summoned juror of an employer with 769
twenty-five or fewer full-time employees, or their equivalent, if 770
another employee of the employer has previously been summoned to 771
appear and served as a juror within thirty days prior to the date 772
on which that juror has been summoned and if that employee or 773
employee demonstrates to the satisfaction of the court that the 774
other employee was so summoned and did serve and that the employer 775
has twenty-five or fewer full-time employees or their equivalent.776

       Sec. 2313.41.        Sec. 2313.16.  A challenge to the array may be made 777
and theby any party. The whole array may be set aside by the 778
court when the jury, grand or petit, was not selected, drawn, or 779
summoned, or when the officer who executed the venire did not 780
proceed as prescribed by law. No challenge to the array shall be 781
made or the whole array set aside by the court, by reason of the 782
misnomer of a juror; but on challenge, a juror may be set aside by 783
reason of a misnomer in his name; but such challenge shall only be 784
made before the jury is impaneled and sworn, and noas required by 785
Chapter 2313. of the Revised Code or if any group protected by 786
section 2313.13 of the Revised Code is systematically excluded 787
from the jury selection process. No indictment shall be quashed or 788
verdict set aside for any such irregularity or misnomerin the 789
selection of jurors if the jurors who formed the same possessed 790
the requisite qualifications to act as jurors.791

       Sec. 2313.42.        Sec. 2313.17. (A) Any person called as a juror for 792
the trial of any cause shall be examined under oath or upon 793
affirmation as to histhe person's qualifications. A person is 794
qualified to serve as a juror if he is an elector of the county 795
and has been certified by the board of elections pursuant to 796
section 2313.06 of the Revised Code. A person also is qualified to 797
serve as a juror if hethe person is eighteen years of age or 798
older, is a resident of the county, and is an elector or would be 799
an elector if hethe person were registered to vote, regardless of 800
whether hethe person actually is registered to vote, and has been 801
certified by the registrar of motor vehicles pursuant to section 802
2313.06 of the Revised Code or otherwise as having a valid and 803
current driver's or commercial driver's license.804

       (B) The following are good causes for challenge to any person 805
called as a juror:806

       (A)(1) That hethe person has been convicted of a crime which807
that by law renders himthe person disqualified to serve on a 808
jury;809

       (B)(2) That hethe person has an interest in the cause;810

       (C)(3) That hethe person has an action pending between him811
the person and either party;812

       (D)(4) That hethe person formerly was a juror in the same 813
cause;814

       (E)(5) That hethe person is the employer, the employee, or 815
the spouse, parent, son, or daughter of the employer or employee, 816
counselor, agent, steward, or attorney of either party;817

       (F)(6) That hethe person is subpoenaed in good faith as a 818
witness in the cause;819

       (G)(7) That hethe person is akin by consanguinity or 820
affinity within the fourth degree, to either party, or to the 821
attorney of either party;822

       (H)(8) That hethe person or histhe person's spouse, parent, 823
son, or daughter is a party to another action then pending in any 824
court in which an attorney in the cause then on trial is an 825
attorney, either for or against himany such party to another such 826
action;827

       (I) That he, not being a regular juror of the term, has 828
already served as a talesman in the trial of any cause, in any 829
court of record in the county within the preceding twelve months;830

       (J)(9) That hethe person discloses by histhe person's831
answers that hethe person cannot be a fair and impartial juror or 832
will not follow the law as given to himthe person by the court.833

       (C) Each challenge listed in division (B) of this section 834
shall be considered as a principal challenge, and its validity 835
tried by the court.836

       (D) In addition to the causes listed in division (B) of this 837
section, any petit juror may be challenged on suspicion of 838
prejudice against or partiality for either party, or for want of a 839
competent knowledge of the English language, or other cause that 840
may render the juror at the time an unsuitable juror. The validity 841
of the challenge shall be determined by the court and be sustained 842
if the court has any doubt as to the juror's being entirely 843
unbiased.844

       Sec. 2313.11.        Sec. 2313.18.  (A) If a prospective juror fails to 845
attend as specified in the notice referred to in section 2313.10 846
of the Revised Code or a prospective juror refuses to be sworn or 847
to answer any legal and pertinent question put to the prospective 848
juror by a commissioner of jurors, the commissioner shall report 849
that fact to the court. One or more successive notices may be 850
served upon the same person when the person fails to attend as 851
required by the former notice. When a person has so attended twice 852
for examination, the person cannot be required to attend again in 853
the same jury year.854

       (B) No prospective juror shall fail to answer any legal and 855
pertinent question put to the prospective juror by the court or 856
commissioners of jurors.857

       (B) If a prospective juror is required to answer written 858
questions during the voir dire process, the questionnaire shall 859
contain a prominent legend advising the prospective juror that the 860
juror has the right to request and have an in-camera hearing on 861
the record with counsel for the parties present regarding any 862
legitimate privacy interest of the prospective juror.863

       (C) The court shall inform a prospective juror that if a 864
question put to the prospective juror involves a legitimate 865
privacy interest of that prospective juror the prospective juror 866
has the right to request and have an in-camera hearing, on the 867
record and with an attorneycounsel for the parties present, 868
regarding any legal and pertinentto respond to that question put 869
to the prospective juror by the court. The court is not required 870
to hold an in-camera hearing under this division unless the 871
information that is contained in the response to the question put 872
to the prospective juror by the court is requested by any person, 873
and the prospective juror requests that the information should not 874
be released.875

       Sec. 2313.18.        Sec. 2313.19.  (A) No employer shall discharge, 876
threaten to discharge, or take any disciplinary action that could 877
lead to the discharge of any permanent employee who is summoned to 878
serve as a juror pursuant to Chapter 2313. of the Revised Code if 879
the employee gives reasonable notice to the employer of the 880
summons prior to the commencement of the employee's service as a 881
juror and if the employee is absent from employment because of the 882
actual jury service.883

       (B) No employer shall require or request an employee to use 884
annual, vacation, or sick leave for time spent responding to a 885
summons for jury duty, time spent participating in the jury 886
selection process, or for time spent actually serving on a jury. 887
Nothing in this division requires an employer to provide annual, 888
vacation, or sick leave to employees under the provisions of this 889
section who otherwise are not entitled to those benefits under the 890
employer's policies.891

       (C) A court shall automatically postpone and reschedule the 892
service of a summoned juror of an employer with twenty-five or 893
fewer full-time employees, or their equivalent, if another 894
employee of that employer has previously been summoned to appear 895
during the same term or part of a term of that court for which 896
that juror has been summoned and if that employer or employee 897
demonstrates to the sufficiency of the court that the other 898
employee has been so summoned. A postponement under this division 899
does not constitute the excused individual's right to one 900
automatic postponement pursuant to section 2313.13 of the Revised 901
Code.902

       (D) Whoever violates this section shall be punished as for a 903
contempt of court pursuant to Chapter 2705. of the Revised Code.904

       Sec. 2313.29.        Sec. 2313.20.  No person whose name is drawn and who 905
is notified to attend a term orjury year, part of a term of a 906
court of recordjury year, or specified date within a part of a 907
jury year as a juror or who has had the person's jury service 908
postponed shall fail to attend at the time specified in the 909
notice, or from day to day.910

       A fine imposed for the violation of this section under 911
division (A) of section 2313.99 of the Revised Code may be wholly 912
or partly remitted by direction of the judge in open court, before 913
the end of the same term, and upon good cause shown; otherwise it 914
shall not be remitted. Each remission so made by the judge, with 915
the reason for the remission, shall be entered on the journal of 916
the court. This section applies to an additional grand juror or a 917
special juror, as well as to the regular petit juror.918

       Sec. 2313.21.  (A) A person who is summoned as a juror and 919
who has actually served as a juror in any county of the state 920
under Chapter 2313. of the Revised Code for two consecutive 921
calendar weeks shall be discharged by the court, except that the 922
person shall not be so discharged until the close of a trial in 923
which the person may be serving when the person's jury term 924
expires.925

       (B) A person who is discharged as prescribed in this section 926
is thereafter prohibited from jury service in any court of the 927
state until the second jury year after the day of the person's 928
last service, except that in counties of less than one hundred 929
thousand population the court shall make rules in the county 930
applicable to subsequent jury service by persons of that nature.931

       (C) Whenever the certificates of the clerk of the court of 932
common pleas show that a person is entitled to a discharge as 933
prescribed in this section, the commissioners of jurors upon 934
request shall certify to that fact. No person shall be exempted 935
from jury service for any reason, but a person may be excused from 936
jury service or have the person's jury service postponed in 937
accordance with Chapter 2313. of the Revised Code and the general 938
statutes of the state.939

       Sec. 2313.34.        Sec. 2313.22.  (A) A person who is summoned as a 940
juror and who has actually served as a juror in any county of the 941
state under sections 2313.01 to 2313.46 of the Revised Code for 942
two consecutive calendar weeks shall be discharged by the court, 943
except that the person shall not be so discharged until the close 944
of a trial in which the person may be serving when the person's 945
jury term expires.946

       (B)(1) The board of county commissioners by resolution shall 947
fix the compensation of each juror payable out of the county 948
treasury. 949

       (2)(B) After ten days of actual service, except as otherwise 950
authorized by this division (B)(2) of this section, the 951
compensation of a juror shall be fixed for each additional day of 952
actual service at an amount equal to the greater of fifteen 953
dollars or one and one-half times the compensation fixed pursuant 954
to division (B)(1)(A) of this section. The board of county 955
commissioners by resolution may set the compensation at a greater 956
amount that shall not exceed two times the compensation fixed 957
pursuant to division (B)(1)(A) of this section.958

       (3)(C) Residents of townships that are comprisedcomposed959
entirely of islands shall be reimbursed for the additional 960
transportation costs they incur to serve as a juror, in the amount 961
certified to be due by a judge of the court in which the jury 962
service is performed.963

       (C) A person who is discharged as prescribed in this section 964
is thereafter prohibited from jury service in any court of the 965
state until the second jury year after the day of the person's 966
last service, except in counties of less than one hundred thousand 967
population, in which cases the court shall make rules in the 968
county applicable to subsequent jury service by persons of that 969
nature.970

       (D) Whenever the certificates of the clerk of the court of 971
common pleas show that a person is entitled to a discharge as 972
prescribed in this section, the commissioners of jurors, upon 973
request, shall certify to that fact. No person shall be exempted 974
from jury service for any reason, but a person may be excused from 975
jury service or have the person's jury service postponed in 976
accordance with sections 2313.01 to 2313.46 of the Revised Code 977
and the general statutes of the state.978

       (E) No person shall be exempted or excused from jury service 979
or be granted a postponement of jury service by reason of any 980
financial contribution to any public or private organization.981

       Sec. 2313.23. The court of common pleas of a county by 982
general order filed with the clerk of the court shall determine 983
the retention period for all documents and electronic media filed 984
with the commissioners of jurors in compliance with applicable 985
rules of superintendence for the courts of Ohio.986

       Sec. 2313.46.        Sec. 2313.24. Sections 2313.01 to 2313.46 and 987
ChapterChapters 2313. and 2315. of the Revised Code do not 988
contravene or affect any section of the Revised Code relating to 989
jurors in the inferior courts in any county of the state.990

       Sec. 2313.99.  (A) Whoever violates section 2313.10, 2313.11, 991
2313.29, or 2313.302313.18, 2313.19, or 2313.20 of the Revised 992
Code may be fined not less than one hundred nor more than two 993
hundred fifty dollars and may be punished as for contempt of court 994
pursuant to Chapter 2705. of the Revised Code.995

       (B) Whoever violates section 2313.472313.13 of the Revised 996
Code shall be fined not less than fifty nor more than five hundred 997
dollars, imprisoned not less than thirty nor more than ninety 998
days, or both.999

       (C) Any fine assessed for a contempt against a person 1000
summoned or who has qualified as a juror may be collected by 1001
execution and shall be paid into the county treasury and disbursed 1002
as other fines.1003

       Sec. 2335.28.  (A) Except as provided in division (B) of this 1004
section, in any civil action in a court of common pleas in which a 1005
jury is sworn and a verdict is returned, the fees of the jurors 1006
sworn shall be taxed as costs unless the court determines that the 1007
payment of the fees by a party against whom they are proposed to 1008
be taxed would cause significant financial hardship to that party 1009
or would not be in the interest of justice.1010

       (B)(1) If a civil action in a court of common pleas in which 1011
a jury has been summoned but not sworn is settled or does not 1012
otherwise go forward, the fees of the jurors summoned may be taxed 1013
as costs at the discretion of the trial court.1014

       (2) If a civil action in a court of common pleas is settled 1015
after jurors are sworn, the fees of the jurors sworn shall be paid 1016
in accordance with the settlement agreement. If the agreement does 1017
not provide for the payment of the fees, the court shall order 1018
that the fees be paid by any party, allocated among the parties, 1019
or paid by the county. In making this determination, the court 1020
shall consider whether the payment of the fees by a party against 1021
whom they are proposed to be taxed would cause significant 1022
financial hardship to that party or would not be in the interest 1023
of justiceof the jurors sworn may be taxed as costs at the 1024
discretion of the trial court.1025

       (C) Upon receipt of fees taxed as costs under division (A) or 1026
(B) of this section or paid in accordance with a settlement 1027
agreement, the clerk of the court shall pay the fees to the county 1028
treasurer to be deposited in the county treasury.1029

       (D) If any juror serves on more than one jury on the same 1030
day, the court shall tax the juror's jury fees for that day as 1031
costs equally among the parties who are required to pay the fees 1032
under this section either as determined by the court or pursuant 1033
to a settlement agreement.1034

       (E) Jury fees shall be taxed as costs pursuant to this 1035
section for each day or part of a day that a sworn juror serves.1036

       Sec. 2938.05.  Claim of jury, once made, may be withdrawn by 1037
written waiver of jury but in such case the court may, if a jury 1038
has been summoned, require accused to pay all costs of mileage and 1039
fees of members of the veniresummoned jurors for one day's 1040
service, notwithstanding the outcome of the case. No withdrawal of 1041
claim for jury shall effect any re-transfer of a case, once it has 1042
been certified to a court of record.1043

       Sec. 2938.14. Venires for juriesJurors in courts of record 1044
inferior to the court of common pleas shall be drawn and summoned 1045
in the manner provided in the various acts creating such courts. 1046
But no challenge to the array shall be sustained in any case for 1047
the reason that some of the venirejurors are not residents of the 1048
territory of the court, if it appears that the venire wasjurors 1049
were regularly drawn and certified by the jury commissioners of 1050
county or municipality as the case may be.1051

       Sec. 2939.02.  Grand juries shall consist of fifteen persons 1052
who satisfy the qualifications of a juror specified in section 1053
2313.422313.17 of the Revised Code. Persons to serve as grand 1054
jurors in the court of common pleas of each county shall be 1055
selected from the persons whose names are contained in the annual 1056
jury list and from the ballots deposited in the jury wheel, or in 1057
the automation data processing storage drawer, or from the names 1058
contained in an automated data processing information storage 1059
device as prescribed by sections 2313.07, 2313.08, and 2313.35 of 1060
the Revised Code.1061

       At the time of the selection of the persons who are to 1062
constitute the grand jury, the commissioners of jurors shall 1063
randomly draw from the annual jury wheel, or draw by utilizing the 1064
automation data processing equipment and procedures described in 1065
section 2313.07 of the Revised Code, ballots containinglist the 1066
names of not lessfewer than twenty-five persons. The first 1067
fifteen persons whose names are drawn shall constitute the grand 1068
jury, if they can be located and served by the sheriff, and if 1069
they are not excused by the court or a judge of the court. If any 1070
of the first fifteen persons whose names are so drawn are not 1071
located or are unable to serve and are for that reason excused by 1072
the court or by a judge of the court, whose duty it is to 1073
supervise the impaneling of the grand jury, the judge shall then 1074
designate the person whose name next appears on the list of 1075
persons drawn, to serve in the place of the person not found or 1076
excused and shall so continue to substitute the names of the 1077
persons drawn in the order in which they were drawn, to fill all 1078
vacancies resulting from persons not being found or having been 1079
excused by the court or the judge of the court, until the 1080
necessary fifteen persons are selected to make up the grand jury. 1081
If all of the names appearing on the list of persons drawn are 1082
exhausted before the grand jury is complete, the judge shall order 1083
the commissioners of jurors to draw such additional names as the 1084
judge determines, and shall proceed to fill the vacancies from 1085
those names in the order in which they are drawn.1086

       The judge of the court of common pleas may select any person 1087
who satisfies the qualifications of a juror and whose name is not 1088
included in the annual jury list or on a ballot deposited in the 1089
jury wheel or automation data processing storage drawer, or whose 1090
name is not contained in an automated data processing information 1091
storage device, to preside as foremanforeperson of the grand 1092
jury, in which event the grand jury shall consist of the foreman1093
foreperson so selected and fourteen additional grand jurors 1094
selected from the annual jury wheel or by use of the automation 1095
data processing equipment and procedures in the manner provided in 1096
this sectionlist.1097

       Sec. 2939.03. AExcept for a foreperson selected by the 1098
judge of the court of common pleas under section 2939.02 of the 1099
Revised Code, a grand jury is drawn and notified by the same 1100
persons, from the same jury wheel, automation data processing 1101
storage drawer, or automated data processing information storage 1102
device, and in the same manner as other jurors are drawn and 1103
notified under sections 2939.02 to 2939.04 and 2313.01 to 2313.461104
Chapter 2313. of the Revised Code. Grand jurors so drawn and 1105
notified are not entitled to an exemption for any reason but may 1106
be excused from service or have their service postponed for the 1107
same reasons and in the same manner as other jurors under those 1108
sectionsthat chapter and not otherwise. Grand jurors are subject 1109
to the same fines and penalties for nonattendance and otherwise as 1110
are other jurors under those sectionsthat chapter. The duties and 1111
the powers of courts of common pleas, clerks of courts of common 1112
pleas, and commissioners of jurors in regard to grand jurors in 1113
all respects are the same as in regard to other jurors.1114

       Sec. 2945.24.  In all criminal cases, a jury summoned and 1115
impaneled under section 2313.01 to 2313.47Chapter 2313. of the 1116
Revised Code shall try the accused.1117

       Sec. 2947.23.  (A)(1) In all criminal cases, including 1118
violations of ordinances, the judge or magistrate shall include in 1119
the sentence the costs of prosecution, including any costs under 1120
section 2947.231 of the Revised Code, and render a judgment 1121
against the defendant for such costs. At the time the judge or 1122
magistrate imposes sentence, the judge or magistrate shall notify 1123
the defendant of both of the following:1124

       (a) If the defendant fails to pay that judgment or fails to 1125
timely make payments towards that judgment under a payment 1126
schedule approved by the court, the court may order the defendant 1127
to perform community service in an amount of not more than forty 1128
hours per month until the judgment is paid or until the court is 1129
satisfied that the defendant is in compliance with the approved 1130
payment schedule.1131

       (b) If the court orders the defendant to perform the 1132
community service, the defendant will receive credit upon the 1133
judgment at the specified hourly credit rate per hour of community 1134
service performed, and each hour of community service performed 1135
will reduce the judgment by that amount.1136

       (2) The following shall apply in all criminal cases:1137

       (a) If a jury has been sworn at the trial of a case, the fees 1138
of the jurors shall be included in the costs, which shall be paid 1139
to the public treasury from which the jurors were paid.1140

       (b) If a jury has not been sworn at the trial of a case 1141
because of a defendant's failure to appear without good cause or 1142
because the defendant entered a plea of guilty or no contest less 1143
than twenty-four hours before the scheduled commencement of the 1144
trial, the costs incurred in summoning jurors for that particular 1145
trial may be included in the costs of prosecution. If the costs 1146
incurred in summoning jurors are assessed against the defendant, 1147
those costs shall be paid to the public treasury from which the 1148
jurors were paid.1149

       (B) If a judge or magistrate has reason to believe that a 1150
defendant has failed to pay the judgment described in division (A) 1151
of this section or has failed to timely make payments towards that 1152
judgment under a payment schedule approved by the judge or 1153
magistrate, the judge or magistrate shall hold a hearing to 1154
determine whether to order the offender to perform community 1155
service for that failure. The judge or magistrate shall notify 1156
both the defendant and the prosecuting attorney of the place, 1157
time, and date of the hearing and shall give each an opportunity 1158
to present evidence. If, after the hearing, the judge or 1159
magistrate determines that the defendant has failed to pay the 1160
judgment or to timely make payments under the payment schedule and 1161
that imposition of community service for the failure is 1162
appropriate, the judge or magistrate may order the offender to 1163
perform community service in an amount of not more than forty 1164
hours per month until the judgment is paid or until the judge or 1165
magistrate is satisfied that the offender is in compliance with 1166
the approved payment schedule. If the judge or magistrate orders 1167
the defendant to perform community service under this division, 1168
the defendant shall receive credit upon the judgment at the 1169
specified hourly credit rate per hour of community service 1170
performed, and each hour of community service performed shall 1171
reduce the judgment by that amount. Except for the credit and 1172
reduction provided in this division, ordering an offender to 1173
perform community service under this division does not lessen the 1174
amount of the judgment and does not preclude the state from taking 1175
any other action to execute the judgment.1176

       (C) As used in this section, "specified hourly credit rate" 1177
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1) 1178
under the federal Fair Labor Standards Act of 1938, that then is 1179
in effect, and that an employer subject to that provision must pay 1180
per hour to each of the employer's employees who is subject to 1181
that provision.1182

       Sec. 3314.03.  A copy of every contract entered into under 1183
this section shall be filed with the superintendent of public 1184
instruction.1185

       (A) Each contract entered into between a sponsor and the 1186
governing authority of a community school shall specify the 1187
following:1188

       (1) That the school shall be established as either of the 1189
following:1190

       (a) A nonprofit corporation established under Chapter 1702. 1191
of the Revised Code, if established prior to April 8, 2003;1192

       (b) A public benefit corporation established under Chapter 1193
1702. of the Revised Code, if established after April 8, 2003.1194

       (2) The education program of the school, including the 1195
school's mission, the characteristics of the students the school 1196
is expected to attract, the ages and grades of students, and the 1197
focus of the curriculum;1198

       (3) The academic goals to be achieved and the method of 1199
measurement that will be used to determine progress toward those 1200
goals, which shall include the statewide achievement assessments;1201

       (4) Performance standards by which the success of the school 1202
will be evaluated by the sponsor;1203

       (5) The admission standards of section 3314.06 of the Revised 1204
Code and, if applicable, section 3314.061 of the Revised Code;1205

       (6)(a) Dismissal procedures;1206

       (b) A requirement that the governing authority adopt an 1207
attendance policy that includes a procedure for automatically 1208
withdrawing a student from the school if the student without a 1209
legitimate excuse fails to participate in one hundred five 1210
consecutive hours of the learning opportunities offered to the 1211
student.1212

       (7) The ways by which the school will achieve racial and 1213
ethnic balance reflective of the community it serves;1214

       (8) Requirements for financial audits by the auditor of 1215
state. The contract shall require financial records of the school 1216
to be maintained in the same manner as are financial records of 1217
school districts, pursuant to rules of the auditor of state. 1218
Audits shall be conducted in accordance with section 117.10 of the 1219
Revised Code.1220

       (9) The facilities to be used and their locations;1221

       (10) Qualifications of teachers, including the following:1222

       (a) A requirement that the school's classroom teachers be 1223
licensed in accordance with sections 3319.22 to 3319.31 of the 1224
Revised Code, except that a community school may engage 1225
noncertificated persons to teach up to twelve hours per week 1226
pursuant to section 3319.301 of the Revised Code;1227

       (b) A requirement that each classroom teacher initially hired 1228
by the school on or after July 1, 2013, and employed to provide 1229
instruction in physical education hold a valid license issued 1230
pursuant to section 3319.22 of the Revised Code for teaching 1231
physical education.1232

       (11) That the school will comply with the following 1233
requirements:1234

       (a) The school will provide learning opportunities to a 1235
minimum of twenty-five students for a minimum of nine hundred 1236
twenty hours per school year.1237

       (b) The governing authority will purchase liability 1238
insurance, or otherwise provide for the potential liability of the 1239
school.1240

       (c) The school will be nonsectarian in its programs, 1241
admission policies, employment practices, and all other 1242
operations, and will not be operated by a sectarian school or 1243
religious institution.1244

       (d) The school will comply with sections 9.90, 9.91, 109.65, 1245
121.22, 149.43, 2151.357, 2151.421, 2313.182313.19, 3301.0710, 1246
3301.0711, 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 1247
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 1248
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 1249
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 1250
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817, 1251
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, 1252
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 1253
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 1254
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. 1255
of the Revised Code as if it were a school district and will 1256
comply with section 3301.0714 of the Revised Code in the manner 1257
specified in section 3314.17 of the Revised Code.1258

       (e) The school shall comply with Chapter 102. and section 1259
2921.42 of the Revised Code.1260

       (f) The school will comply with sections 3313.61, 3313.611, 1261
and 3313.614 of the Revised Code, except that for students who 1262
enter ninth grade for the first time before July 1, 2010, the 1263
requirement in sections 3313.61 and 3313.611 of the Revised Code 1264
that a person must successfully complete the curriculum in any 1265
high school prior to receiving a high school diploma may be met by 1266
completing the curriculum adopted by the governing authority of 1267
the community school rather than the curriculum specified in Title 1268
XXXIII of the Revised Code or any rules of the state board of 1269
education. Beginning with students who enter ninth grade for the 1270
first time on or after July 1, 2010, the requirement in sections 1271
3313.61 and 3313.611 of the Revised Code that a person must 1272
successfully complete the curriculum of a high school prior to 1273
receiving a high school diploma shall be met by completing the 1274
Ohio core curriculum prescribed in division (C) of section 1275
3313.603 of the Revised Code, unless the person qualifies under 1276
division (D) or (F) of that section. Each school shall comply with 1277
the plan for awarding high school credit based on demonstration of 1278
subject area competency, adopted by the state board of education 1279
under division (J) of section 3313.603 of the Revised Code.1280

       (g) The school governing authority will submit within four 1281
months after the end of each school year a report of its 1282
activities and progress in meeting the goals and standards of 1283
divisions (A)(3) and (4) of this section and its financial status 1284
to the sponsor and the parents of all students enrolled in the 1285
school.1286

       (h) The school, unless it is an internet- or computer-based 1287
community school, will comply with sections 3313.674 and 3313.801 1288
of the Revised Code as if it were a school district.1289

       (12) Arrangements for providing health and other benefits to 1290
employees;1291

       (13) The length of the contract, which shall begin at the 1292
beginning of an academic year. No contract shall exceed five years 1293
unless such contract has been renewed pursuant to division (E) of 1294
this section.1295

       (14) The governing authority of the school, which shall be 1296
responsible for carrying out the provisions of the contract;1297

       (15) A financial plan detailing an estimated school budget 1298
for each year of the period of the contract and specifying the 1299
total estimated per pupil expenditure amount for each such year. 1300
The plan shall specify for each year the base formula amount that 1301
will be used for purposes of funding calculations under section 1302
3314.08 of the Revised Code. This base formula amount for any year 1303
shall not exceed the formula amount defined under section 3317.02 1304
of the Revised Code. The plan may also specify for any year a 1305
percentage figure to be used for reducing the per pupil amount of 1306
the subsidy calculated pursuant to section 3317.029 of the Revised 1307
Code the school is to receive that year under section 3314.08 of 1308
the Revised Code.1309

       (16) Requirements and procedures regarding the disposition of 1310
employees of the school in the event the contract is terminated or 1311
not renewed pursuant to section 3314.07 of the Revised Code;1312

       (17) Whether the school is to be created by converting all or 1313
part of an existing public school or educational service center 1314
building or is to be a new start-up school, and if it is a 1315
converted public school or service center building, specification 1316
of any duties or responsibilities of an employer that the board of 1317
education or service center governing board that operated the 1318
school or building before conversion is delegating to the 1319
governing authority of the community school with respect to all or 1320
any specified group of employees provided the delegation is not 1321
prohibited by a collective bargaining agreement applicable to such 1322
employees;1323

       (18) Provisions establishing procedures for resolving 1324
disputes or differences of opinion between the sponsor and the 1325
governing authority of the community school;1326

       (19) A provision requiring the governing authority to adopt a 1327
policy regarding the admission of students who reside outside the 1328
district in which the school is located. That policy shall comply 1329
with the admissions procedures specified in sections 3314.06 and 1330
3314.061 of the Revised Code and, at the sole discretion of the 1331
authority, shall do one of the following:1332

       (a) Prohibit the enrollment of students who reside outside 1333
the district in which the school is located;1334

       (b) Permit the enrollment of students who reside in districts 1335
adjacent to the district in which the school is located;1336

       (c) Permit the enrollment of students who reside in any other 1337
district in the state.1338

       (20) A provision recognizing the authority of the department 1339
of education to take over the sponsorship of the school in 1340
accordance with the provisions of division (C) of section 3314.015 1341
of the Revised Code;1342

       (21) A provision recognizing the sponsor's authority to 1343
assume the operation of a school under the conditions specified in 1344
division (B) of section 3314.073 of the Revised Code;1345

        (22) A provision recognizing both of the following:1346

       (a) The authority of public health and safety officials to 1347
inspect the facilities of the school and to order the facilities 1348
closed if those officials find that the facilities are not in 1349
compliance with health and safety laws and regulations;1350

       (b) The authority of the department of education as the 1351
community school oversight body to suspend the operation of the 1352
school under section 3314.072 of the Revised Code if the 1353
department has evidence of conditions or violations of law at the 1354
school that pose an imminent danger to the health and safety of 1355
the school's students and employees and the sponsor refuses to 1356
take such action;1357

        (23) A description of the learning opportunities that will be 1358
offered to students including both classroom-based and 1359
non-classroom-based learning opportunities that is in compliance 1360
with criteria for student participation established by the 1361
department under division (L)(2) of section 3314.08 of the Revised 1362
Code;1363

       (24) The school will comply with sections 3302.04 and 1364
3302.041 of the Revised Code, except that any action required to 1365
be taken by a school district pursuant to those sections shall be 1366
taken by the sponsor of the school. However, the sponsor shall not 1367
be required to take any action described in division (F) of 1368
section 3302.04 of the Revised Code.1369

       (25) Beginning in the 2006-2007 school year, the school will 1370
open for operation not later than the thirtieth day of September 1371
each school year, unless the mission of the school as specified 1372
under division (A)(2) of this section is solely to serve dropouts. 1373
In its initial year of operation, if the school fails to open by 1374
the thirtieth day of September, or within one year after the 1375
adoption of the contract pursuant to division (D) of section 1376
3314.02 of the Revised Code if the mission of the school is solely 1377
to serve dropouts, the contract shall be void.1378

       (B) The community school shall also submit to the sponsor a 1379
comprehensive plan for the school. The plan shall specify the 1380
following:1381

       (1) The process by which the governing authority of the 1382
school will be selected in the future;1383

       (2) The management and administration of the school;1384

       (3) If the community school is a currently existing public 1385
school or educational service center building, alternative 1386
arrangements for current public school students who choose not to 1387
attend the converted school and for teachers who choose not to 1388
teach in the school or building after conversion;1389

       (4) The instructional program and educational philosophy of 1390
the school;1391

       (5) Internal financial controls.1392

       (C) A contract entered into under section 3314.02 of the 1393
Revised Code between a sponsor and the governing authority of a 1394
community school may provide for the community school governing 1395
authority to make payments to the sponsor, which is hereby 1396
authorized to receive such payments as set forth in the contract 1397
between the governing authority and the sponsor. The total amount 1398
of such payments for oversight and monitoring of the school shall 1399
not exceed three per cent of the total amount of payments for 1400
operating expenses that the school receives from the state.1401

       (D) The contract shall specify the duties of the sponsor 1402
which shall be in accordance with the written agreement entered 1403
into with the department of education under division (B) of 1404
section 3314.015 of the Revised Code and shall include the 1405
following:1406

        (1) Monitor the community school's compliance with all laws 1407
applicable to the school and with the terms of the contract;1408

        (2) Monitor and evaluate the academic and fiscal performance 1409
and the organization and operation of the community school on at 1410
least an annual basis;1411

        (3) Report on an annual basis the results of the evaluation 1412
conducted under division (D)(2) of this section to the department 1413
of education and to the parents of students enrolled in the 1414
community school;1415

        (4) Provide technical assistance to the community school in 1416
complying with laws applicable to the school and terms of the 1417
contract;1418

        (5) Take steps to intervene in the school's operation to 1419
correct problems in the school's overall performance, declare the 1420
school to be on probationary status pursuant to section 3314.073 1421
of the Revised Code, suspend the operation of the school pursuant 1422
to section 3314.072 of the Revised Code, or terminate the contract 1423
of the school pursuant to section 3314.07 of the Revised Code as 1424
determined necessary by the sponsor;1425

        (6) Have in place a plan of action to be undertaken in the 1426
event the community school experiences financial difficulties or 1427
closes prior to the end of a school year.1428

        (E) Upon the expiration of a contract entered into under this 1429
section, the sponsor of a community school may, with the approval 1430
of the governing authority of the school, renew that contract for 1431
a period of time determined by the sponsor, but not ending earlier 1432
than the end of any school year, if the sponsor finds that the 1433
school's compliance with applicable laws and terms of the contract 1434
and the school's progress in meeting the academic goals prescribed 1435
in the contract have been satisfactory. Any contract that is 1436
renewed under this division remains subject to the provisions of 1437
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.1438

       (F) If a community school fails to open for operation within 1439
one year after the contract entered into under this section is 1440
adopted pursuant to division (D) of section 3314.02 of the Revised 1441
Code or permanently closes prior to the expiration of the 1442
contract, the contract shall be void and the school shall not 1443
enter into a contract with any other sponsor. A school shall not 1444
be considered permanently closed because the operations of the 1445
school have been suspended pursuant to section 3314.072 of the 1446
Revised Code. Any contract that becomes void under this division 1447
shall not count toward any statewide limit on the number of such 1448
contracts prescribed by section 3314.013 of the Revised Code.1449

       Sec. 3326.11. Each science, technology, engineering, and 1450
mathematics school established under this chapter and its 1451
governing body shall comply with sections 9.90, 9.91, 109.65, 1452
121.22, 149.43, 2151.357, 2151.421, 2313.182313.19, 2921.42, 1453
2921.43, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 1454
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 1455
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 1456
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, 1457
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 1458
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 1459
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 1460
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32, 1461
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 1462
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 1463
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 1464
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 1465
4167. of the Revised Code as if it were a school district.1466

       Sec. 5155.12.  Witnesses may be subpoenaed on a hearing under 1467
section 5155.09 of the Revised Code. They shall be entitled to 1468
receive the same fees and mileage as provided by section 2335.08 1469
of the Revised Code. Such subpoenas may be served by the sheriff 1470
or the superintendent or administrator of the county home. The 1471
sheriff and the jurors shall receive the same fees and mileage as 1472
provided by sections 311.17 and 2313.342313.22 of the Revised 1473
Code.1474

       Sec. 5563.05.  If the probate judge or common pleas judge 1475
finds that an appeal in a road improvement case has been properly 1476
perfected, and that the proceedings are substantially regular, he1477
the judge shall fix a day, not more than twenty days after such1478
the finding, for the trial of the case by jury. SuchThe jury 1479
shall be selected from the jurors drawn as prescribed in sections 1480
2313.19 to 2313.26, inclusive,Chapter 2313. of the Revised Code.1481

       Section 2. That existing sections 3.08, 163.10, 311.17, 1482
509.15, 733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42, 1483
2313.01, 2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13, 1484
2313.16, 2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34, 1485
2313.38, 2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28, 1486
2938.05, 2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03, 1487
3326.11, 5155.12, and 5563.05 and sections 2313.04, 2313.06, 1488
2313.07, 2313.08, 2313.09, 2313.10, 2313.14, 2313.15, 2313.21, 1489
2313.22, 2313.23, 2313.24, 2313.25, 2313.26, 2313.30, 2313.32, 1490
2313.33, 2313.35, 2313.36, 2313.37, 2313.39, 2313.40, 2313.43, 1491
and 2313.45 of the Revised Code are hereby repealed.1492

       Section 3.  The amendments by Sub. S.B. 210 of the 128th 1493
General Assembly to sections 3314.03 and 3326.11 of the Revised 1494
Code that insert "3313.814, 3313.816, 3313.817" into the sections 1495
and that are included in sections 3314.03 and 3326.11 of the 1496
Revised Code as amended by this act take effect July 1, 2011.1497