As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 254


Senator Patton 


A BILL
To amend section 1905.01 of the Revised Code to 1
increase from more than 100 to more than 200 the 2
population necessary for a municipal corporation 3
to have a mayor's court unless the municipal 4
corporation is located entirely on an island in 5
Lake Erie.6


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

       Section 1. That section 1905.01 of the Revised Code be 7
amended to read as follows:8

       Sec. 1905.01.  (A) In Georgetown in Brown county, in Mount 9
Gilead in Morrow county, in any municipal corporation located 10
entirely on an island in Lake Erie, and in all other municipal 11
corporations having a population of more than onetwo hundred, 12
other than Batavia in Clermont county, not being the site of a 13
municipal court nor a place where a judge of the Auglaize county, 14
Crawford county, Jackson county, Miami county, Montgomery county, 15
Portage county, or Wayne county municipal court sits as required 16
pursuant to section 1901.021 of the Revised Code or by designation 17
of the judges pursuant to section 1901.021 of the Revised Code, 18
the mayor of the municipal corporation has jurisdiction, except as 19
provided in divisions (B), (C), and (E) of this section and 20
subject to the limitation contained in section 1905.03 and the 21
limitation contained in section 1905.031 of the Revised Code, to 22
hear and determine any prosecution for the violation of an 23
ordinance of the municipal corporation, to hear and determine any 24
case involving a violation of a vehicle parking or standing 25
ordinance of the municipal corporation unless the violation is 26
required to be handled by a parking violations bureau or joint 27
parking violations bureau pursuant to Chapter 4521. of the Revised 28
Code, and to hear and determine all criminal causes involving any 29
moving traffic violation occurring on a state highway located 30
within the boundaries of the municipal corporation, subject to the 31
limitations of sections 2937.08 and 2938.04 of the Revised Code.32

       (B)(1) In Georgetown in Brown county, in Mount Gilead in 33
Morrow county, in any municipal corporation located entirely on an 34
island in Lake Erie, and in all other municipal corporations 35
having a population of more than onetwo hundred, other than 36
Batavia in Clermont county, not being the site of a municipal 37
court nor a place where a judge of a court listed in division (A) 38
of this section sits as required pursuant to section 1901.021 of 39
the Revised Code or by designation of the judges pursuant to 40
section 1901.021 of the Revised Code, the mayor of the municipal 41
corporation has jurisdiction, subject to the limitation contained 42
in section 1905.03 of the Revised Code, to hear and determine 43
prosecutions involving a violation of an ordinance of the 44
municipal corporation relating to operating a vehicle while under 45
the influence of alcohol, a drug of abuse, or a combination of 46
them or relating to operating a vehicle with a prohibited 47
concentration of alcohol, a controlled substance, or a metabolite 48
of a controlled substance in the whole blood, blood serum or 49
plasma, breath, or urine, and to hear and determine criminal 50
causes involving a violation of section 4511.19 of the Revised 51
Code that occur on a state highway located within the boundaries 52
of the municipal corporation, subject to the limitations of 53
sections 2937.08 and 2938.04 of the Revised Code, only if the 54
person charged with the violation, within six years of the date of 55
the violation charged, has not been convicted of or pleaded guilty 56
to any of the following:57

       (a) A violation of an ordinance of any municipal corporation 58
relating to operating a vehicle while under the influence of 59
alcohol, a drug of abuse, or a combination of them or relating to 60
operating a vehicle with a prohibited concentration of alcohol, a 61
controlled substance, or a metabolite of a controlled substance in 62
the whole blood, blood serum or plasma, breath, or urine;63

       (b) A violation of section 4511.19 of the Revised Code;64

       (c) A violation of any ordinance of any municipal corporation 65
or of any section of the Revised Code that regulates the operation 66
of vehicles, streetcars, and trackless trolleys upon the highways 67
or streets, to which all of the following apply:68

       (i) The person, in the case in which the conviction was 69
obtained or the plea of guilty was entered, had been charged with 70
a violation of an ordinance of a type described in division 71
(B)(1)(a) of this section, or with a violation of section 4511.19 72
of the Revised Code;73

       (ii) The charge of the violation described in division 74
(B)(1)(c)(i) of this section was dismissed or reduced;75

       (iii) The violation of which the person was convicted or to 76
which the person pleaded guilty arose out of the same facts and 77
circumstances and the same act as did the charge that was 78
dismissed or reduced.79

       (d) A violation of a statute of the United States or of any 80
other state or a municipal ordinance of a municipal corporation 81
located in any other state that is substantially similar to 82
section 4511.19 of the Revised Code.83

       (2) The mayor of a municipal corporation does not have 84
jurisdiction to hear and determine any prosecution or criminal 85
cause involving a violation described in division (B)(1)(a) or (b) 86
of this section, regardless of where the violation occurred, if 87
the person charged with the violation, within six years of the 88
violation charged, has been convicted of or pleaded guilty to any 89
violation listed in division (B)(1)(a), (b), (c), or (d) of this 90
section.91

       If the mayor of a municipal corporation, in hearing a 92
prosecution involving a violation of an ordinance of the municipal 93
corporation the mayor serves relating to operating a vehicle while 94
under the influence of alcohol, a drug of abuse, or a combination 95
of them or relating to operating a vehicle with a prohibited 96
concentration of alcohol, a controlled substance, or a metabolite 97
of a controlled substance in the whole blood, blood serum or 98
plasma, breath, or urine, or in hearing a criminal cause involving 99
a violation of section 4511.19 of the Revised Code, determines 100
that the person charged, within six years of the violation 101
charged, has been convicted of or pleaded guilty to any violation 102
listed in division (B)(1)(a), (b), (c), or (d) of this section, 103
the mayor immediately shall transfer the case to the county court 104
or municipal court with jurisdiction over the violation charged, 105
in accordance with section 1905.032 of the Revised Code.106

       (C)(1) In Georgetown in Brown county, in Mount Gilead in 107
Morrow county, in any municipal corporation located entirely on an 108
island in Lake Erie, and in all other municipal corporations 109
having a population of more than onetwo hundred, other than 110
Batavia in Clermont county, not being the site of a municipal 111
court and not being a place where a judge of a court listed in 112
division (A) of this section sits as required pursuant to section 113
1901.021 of the Revised Code or by designation of the judges 114
pursuant to section 1901.021 of the Revised Code, the mayor of the 115
municipal corporation, subject to sections 1901.031, 2937.08, and 116
2938.04 of the Revised Code, has jurisdiction to hear and 117
determine prosecutions involving a violation of a municipal 118
ordinance that is substantially equivalent to division (A) of 119
section 4510.14 or section 4510.16 of the Revised Code and to hear 120
and determine criminal causes that involve a moving traffic 121
violation, that involve a violation of division (A) of section 122
4510.14 or section 4510.16 of the Revised Code, and that occur on 123
a state highway located within the boundaries of the municipal 124
corporation only if all of the following apply regarding the 125
violation and the person charged:126

       (a) Regarding a violation of section 4510.16 of the Revised 127
Code or a violation of a municipal ordinance that is substantially 128
equivalent to that division, the person charged with the 129
violation, within six years of the date of the violation charged, 130
has not been convicted of or pleaded guilty to any of the 131
following:132

       (i) A violation of section 4510.16 of the Revised Code;133

       (ii) A violation of a municipal ordinance that is 134
substantially equivalent to section 4510.16 of the Revised Code;135

       (iii) A violation of any municipal ordinance or section of 136
the Revised Code that regulates the operation of vehicles, 137
streetcars, and trackless trolleys upon the highways or streets, 138
in a case in which, after a charge against the person of a 139
violation of a type described in division (C)(1)(a)(i) or (ii) of 140
this section was dismissed or reduced, the person is convicted of 141
or pleads guilty to a violation that arose out of the same facts 142
and circumstances and the same act as did the charge that was 143
dismissed or reduced.144

       (b) Regarding a violation of division (A) of section 4510.14 145
of the Revised Code or a violation of a municipal ordinance that 146
is substantially equivalent to that division, the person charged 147
with the violation, within six years of the date of the violation 148
charged, has not been convicted of or pleaded guilty to any of the 149
following:150

       (i) A violation of division (A) of section 4510.14 of the 151
Revised Code;152

       (ii) A violation of a municipal ordinance that is 153
substantially equivalent to division (A) of section 4510.14 of the 154
Revised Code;155

       (iii) A violation of any municipal ordinance or section of 156
the Revised Code that regulates the operation of vehicles, 157
streetcars, and trackless trolleys upon the highways or streets in 158
a case in which, after a charge against the person of a violation 159
of a type described in division (C)(1)(b)(i) or (ii) of this 160
section was dismissed or reduced, the person is convicted of or 161
pleads guilty to a violation that arose out of the same facts and 162
circumstances and the same act as did the charge that was 163
dismissed or reduced.164

       (2) The mayor of a municipal corporation does not have 165
jurisdiction to hear and determine any prosecution or criminal 166
cause involving a violation described in division (C)(1)(a)(i) or 167
(ii) of this section if the person charged with the violation, 168
within six years of the violation charged, has been convicted of 169
or pleaded guilty to any violation listed in division 170
(C)(1)(a)(i), (ii), or (iii) of this section and does not have 171
jurisdiction to hear and determine any prosecution or criminal 172
cause involving a violation described in division (C)(1)(b)(i) or 173
(ii) of this section if the person charged with the violation, 174
within six years of the violation charged, has been convicted of 175
or pleaded guilty to any violation listed in division 176
(C)(1)(b)(i), (ii), or (iii) of this section.177

       (3) If the mayor of a municipal corporation, in hearing a 178
prosecution involving a violation of an ordinance of the municipal 179
corporation the mayor serves that is substantially equivalent to 180
division (A) of section 4510.14 or section 4510.16 of the Revised 181
Code or a violation of division (A) of section 4510.14 or section 182
4510.16 of the Revised Code, determines that, under division 183
(C)(2) of this section, mayors do not have jurisdiction of the 184
prosecution, the mayor immediately shall transfer the case to the 185
county court or municipal court with jurisdiction over the 186
violation in accordance with section 1905.032 of the Revised Code.187

       (D) If the mayor of a municipal corporation has jurisdiction 188
pursuant to division (B)(1) of this section to hear and determine 189
a prosecution or criminal cause involving a violation described in 190
division (B)(1)(a) or (b) of this section, the authority of the 191
mayor to hear or determine the prosecution or cause is subject to 192
the limitation contained in division (C) of section 1905.03 of the 193
Revised Code. If the mayor of a municipal corporation has 194
jurisdiction pursuant to division (A) or (C) of this section to 195
hear and determine a prosecution or criminal cause involving a 196
violation other than a violation described in division (B)(1)(a) 197
or (b) of this section, the authority of the mayor to hear or 198
determine the prosecution or cause is subject to the limitation 199
contained in division (C) of section 1905.031 of the Revised Code.200

       (E)(1) The mayor of a municipal corporation does not have 201
jurisdiction to hear and determine any prosecution or criminal 202
cause involving any of the following:203

       (a) A violation of section 2919.25 or 2919.27 of the Revised 204
Code;205

       (b) A violation of section 2903.11, 2903.12, 2903.13, 206
2903.211, or 2911.211 of the Revised Code that involves a person 207
who was a family or household member of the defendant at the time 208
of the violation;209

       (c) A violation of a municipal ordinance that is 210
substantially equivalent to an offense described in division 211
(E)(1)(a) or (b) of this section and that involves a person who 212
was a family or household member of the defendant at the time of 213
the violation.214

       (2) The mayor of a municipal corporation does not have 215
jurisdiction to hear and determine a motion filed pursuant to 216
section 2919.26 of the Revised Code or filed pursuant to a 217
municipal ordinance that is substantially equivalent to that 218
section or to issue a protection order pursuant to that section or 219
a substantially equivalent municipal ordinance.220

       (3) As used in this section, "family or household member" has 221
the same meaning as in section 2919.25 of the Revised Code.222

       (F) In keeping a docket and files, the mayor, and a mayor's 223
court magistrate appointed under section 1905.05 of the Revised 224
Code, shall be governed by the laws pertaining to county courts.225

       Section 2. That existing section 1905.01 of the Revised Code 226
is hereby repealed.227

       Section 3. (A) Upon the effective date of this act, within 228
each municipal corporation with a population of two hundred or 229
less, except for any municipal corporation located entirely on an 230
island in Lake Erie, the jurisdiction of the mayor in all civil 231
and criminal causes that otherwise was granted under section 232
1905.01 of the Revised Code prior to the effective date of this 233
act terminates. Upon the effective date of this act, all 234
prosecutions, cases, criminal causes, and other proceedings then 235
pending in a mayor's court of a municipal corporation that has a 236
population of two hundred or less and is not located entirely on 237
an island in Lake Erie shall be transferred to and proceed in the 238
municipal court, county court, or court of common pleas with 239
jurisdiction over the alleged violation that is the basis of the 240
prosecution, case, cause, or proceeding, as if the prosecution, 241
case, cause, or proceeding originally had been instituted in the 242
municipal court, county court, or court of common pleas.243

       (B) Upon the transfer of a prosecution, case, criminal cause, 244
or other proceeding to a municipal court, county court, or court 245
of common pleas under division (A) of this section, the mayor of 246
the municipal corporation before whom the prosecution, case, 247
cause, or proceeding was pending upon the effective date of this 248
act shall transfer to the municipal court, county court, or court 249
of common pleas the pleadings, orders, entries, dockets, bonds, 250
papers, records, books, exhibits, files, moneys, property, and 251
persons that belong to, are in the possession of, or were subject 252
to the jurisdiction of the mayor and that pertain to the 253
transferred prosecution, case, cause, or proceeding.254