To amend sections 1901.13, 1907.18, 2930.06, and 2945.02 of the Revised Code to provide that a court cannot dismiss criminal charges when the only reason for dismissal is the request of the complaining witness and the prosecutor objects to the dismissal.

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

Sec. 1901.13. (A) In any action or proceeding of which a municipal court has jurisdiction, the court or any judge of the court has the power to do all of the following:

(1) Issue process, preserve order, punish contempts, summon and impanel jurors, refer matters to a referee, set aside a verdict, grant a new trial or motion in arrest of judgment, vacate or modify a judgment, suspend execution of sentence upon filing of notice of appeal, admit the defendant to bail, fix the amount of bond and approve the sureties, inquire into the financial responsibility of proposed sureties on all bonds in both civil and criminal actions or proceedings and, on the motion of any party or on its own motion, require security or additional surety, and to exercise any other powers that are necessary to give effect to the jurisdiction of the court and to enforce its judgments, orders, or decrees;

(2) Issue any necessary orders in any proceedings before and after judgment, for attachment or garnishment, arrest, aid of execution, trial of the right of property, revivor of judgment, and appointment of a receiver of personal property, for which authority is conferred upon the courts of common pleas or a judge of the court of common pleas;

(3) Hear and determine questions of exemptions upon application or action of any party to a pending cause;

(4) Control and distribute all property or the proceeds of property that are levied upon or seized by any legal process issuing from the court and that may come into the hands of its officers, and to order immediate sale of any property of a perishable nature that may come into the hands of an officer of the court upon any process issuing from the court. Any money realized from the sale of property of a perishable nature shall be deposited with the clerk until distributed by order of the court.

(B) Whenever an action or proceeding is properly brought in a municipal court within Cuyahoga county, the court has jurisdiction to determine, preserve, and enforce all rights involved in the action or proceeding, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties.

(C) A MUNICIPAL COURT SHALL NOT DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF THE COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY REASON FOR THE DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR OF LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE FOR PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL.

Sec. 1907.18. (A) County court judges, within and coextensive with their respective counties, have jurisdiction and authority to:

(1) Administer an oath authorized or required by law to be administered;

(2) Take acknowledgments of instruments of writing;

(3) Issue subpoenas to compel the attendance of witnesses to give evidence in causes or matters pending before the judges, or for the purpose of taking depositions or perpetuating testimony;

(4) Proceed against sheriffs, deputy sheriffs, and constables failing to make return, making false return, or failing to pay over money collected on execution issued by the judges;

(5) Try actions against other county court judges for refusing or neglecting to pay over moneys collected in their official capacity when the amount claimed does not exceed five hundred dollars. This division does not deny or impair any remedy provided by law in such a case by suit on the official bond of such a county court judge, or by amercement or otherwise, for neglect or failure to pay over money so collected.

(6) Hear actions concerning the issuance and enforcement of, issue, and enforce temporary protection orders pursuant to section 2919.26 of the Revised Code and anti-stalking protection orders pursuant to section 2903.213 of the Revised Code.

(B) County court judges may punish contempts, and exercise powers necessary to give effect to the jurisdiction of the court and to enforce its judgments, orders, and decrees, as provided in this chapter or, in the absence of a provision in this chapter, in a manner authorized by the Revised Code or common law for the judges of the courts of common pleas.

(C) County court judges have jurisdiction and authority to perform marriage ceremonies anywhere in the state.

(D) A COUNTY COURT SHALL NOT DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF THE COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY REASON FOR DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR OF LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE FOR PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL.

Sec. 2930.06. (A) The prosecutor in a case, to the extent practicable, shall confer with the victim in the case before pretrial diversion is granted to the defendant in the case, before amending or dismissing an indictment, information, or complaint against that defendant, before agreeing to a negotiated plea for that defendant, or before a trial of that defendant by judge or jury. If the prosecutor fails to confer with the victim at any of those times, the court, if informed of the failure, shall note on the record the failure and the prosecutor's reasons for the failure. A prosecutor's failure to confer with a victim as required by this division does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, an amendment or dismissal of an indictment, information, or complaint filed against the defendant, a plea entered by the defendant, or any other disposition in the case. THE COURT SHALL NOT DISMISS AN INDICTMENT, INFORMATION, COMPLAINT, OR CHARGE AGAINST A DEFENDANT UPON THE REQUEST OF THE VICTIM IF THAT REQUEST CONSTITUTES THE ONLY REASON FOR DISMISSAL AND THE PROSECUTOR OBJECTS TO THE DISMISSAL.

(B) After a prosecution in a case has been commenced, the prosecutor or a designee of the prosecutor other than a court or court employee, to the extent practicable, promptly shall give the victim all of the following information:

(1) The name of the offense with which the defendant in the case has been charged and the name of the defendant;

(2) The file number of the case;

(3) A brief statement regarding the procedural steps in a criminal case involving an offense similar to the offense with which the defendant has been charged and the right of the victim to be present during all proceedings held throughout the prosecution of a case;

(4) A summary of the rights of a victim under this chapter;

(5) Procedures the victim or the prosecutor may follow if the victim becomes subject to threats or intimidation by the defendant or any other person;

(6) The name and business telephone number of a person to contact for further information with respect to the case;

(7) The right of the victim to have a victim's representative exercise the victim's rights under this chapter in accordance with section 2930.02 of the Revised Code and the procedure by which a victim's representative may be designated;

(8) Notice that any notification under division (C) of this section and sections 2930.07 to 2930.19 of the Revised Code will be given to the victim only if the victim asks to receive the notification.

(C) Upon the request of the victim, the prosecutor shall give the victim notice of the date, time, and place of any scheduled court proceedings in the case and notice of any changes in those proceedings or in the schedule in the case.

(D) A victim who requests notice under division (C) of this section and who elects pursuant to division (B) of section 2930.03 of the Revised Code to receive any further notice from the prosecutor under this chapter shall keep the prosecutor informed of the victim's current address and telephone number until the case is dismissed or terminated, the defendant is acquitted or sentenced, or the appellate process is completed, whichever is the final disposition in the case.

Sec. 2945.02. (A) The court of common pleas shall set all criminal cases for trial for a day not later than thirty days after the date of entry of the plea of the defendant. No continuance of the trial shall be granted except upon affirmative proof in open court, upon reasonable notice, that the ends of justice require a continuance.

No continuance shall be granted for any other time than it is affirmatively proved the ends of justice require.

Whenever any continuance is granted, the court shall enter on the journal the reason for the same.

(B) Criminal cases shall be given precedence over civil matters and proceedings. The failure of the court to set such A criminal cases CASE for trial, as required by this section, does not operate as an acquittal, but upon notice of such THE failure or upon motion of the prosecuting attorney or a defendant, such THE case shall forthwith be set for trial within a reasonable time, not exceeding thirty days thereafter AFTER THE NOTICE.

(C) A COURT OF COMMON PLEAS SHALL NOT DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT UPON THE REQUEST OF THE COMPLAINING WITNESS IF THAT REQUEST CONSTITUTES THE ONLY REASON FOR DISMISSAL AND THE PROSECUTING ATTORNEY, DIRECTOR OF LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE FOR PROSECUTION OF THE CASE OBJECTS TO THE DISMISSAL.