As Reported by the House Judiciary Committee

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 383


Representative Grossman 

Cosponsors: Representatives Scherer, Hackett, Fedor, Adams, R. 

A BILL
To amend section 2935.23 of the Revised Code to 1
authorize the prosecuting attorney of a county to 2
issue an investigative subpoena for any criminal 3
offense and to authorize the chief legal officer 4
of a municipal corporation to issue an 5
investigative subpoena for any misdemeanor 6
offense.7


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

       Section 1. That section 2935.23 of the Revised Code be 8
amended to read as follows:9

       Sec. 2935.23.  After a felonycriminal offense has been 10
committed, and before any arrest has been made, the prosecuting 11
attorney of the county, or any judge or magistrate, or, if the 12
offense is a misdemeanor, the chief legal officer of the municipal 13
corporation may cause subpoenas to issue, returnable before any 14
court or magistrate, for any person to give information concerning 15
such felonythe criminal offense. The subpoenas shall require the 16
witness to appear forthwith. Before suchthe witness is required 17
to give any information, hethe witness must be informed of the 18
purpose of the inquiry, and that hethe witness is required to 19
tell the truth concerning the samepurpose of the inquiry. HeThe 20
witness shall then be sworn and be examined under oath by the 21
prosecuting attorney, orthe court or magistrate, or chief legal 22
officer, subject to the constitutional rights of the witness. Such23
The examination shall be taken in writing in any form, and shall 24
be filed with the prosecuting attorney, court or magistrate, or 25
chief legal officer taking the testimony. Witness fees shall be 26
paid to such personsthe person as in other cases.27

       Section 2.  That existing section 2935.23 of the Revised Code 28
is hereby repealed.29