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(123rd General Assembly)(Senate Bill Number 49)
AN ACT
To amend section 2945.71 of the Revised Code to clarify the manner in which
the "speedy trial" law applies to a criminal defendant charged with multiple
offenses of different degrees.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2945.71 of the Revised Code be amended to read as
follows:
Sec. 2945.71. (A) A Subject to division (D) of this
section, a person against whom a charge is
pending in a court not of record, or against whom a charge of
minor misdemeanor is pending in a court of record, shall be
brought to trial within thirty days after his the person's
arrest or the service of summons. (B) A Subject to division (D) of this section, a
person against whom a charge of misdemeanor, other
than a minor misdemeanor, is pending in a court of record, shall
be brought to trial as follows: (1) Within forty-five days after his the person's arrest or the
service of summons, if the offense charged is a misdemeanor of the third
or fourth degree, or other misdemeanor for which the maximum
penalty is imprisonment for not more than sixty days; (2) Within ninety days after his the person's arrest or the
service of summons, if the offense charged is a misdemeanor of the first or
second degree, or other misdemeanor for which the maximum penalty
is imprisonment for more than sixty days. (C) A person against whom a charge of felony is pending: (1) Notwithstanding any provisions to the contrary in
Criminal Rule 5(B), shall be accorded a preliminary hearing
within fifteen consecutive days after his the person's arrest if
the accused is not held in jail in lieu of bail on the pending charge or
within ten consecutive days after his the person's arrest if the
accused is held in jail in lieu of bail on the pending charge; (2) Shall be brought to trial within two hundred seventy
days after his the person's arrest. (D) A person against whom one or more charges of minor
misdemeanor and one or more charges of misdemeanor other than
minor misdemeanor, all of which arose out of the same act or
transaction, are pending, or against whom charges of misdemeanors
of different degrees, other than minor misdemeanors whether
felonies, misdemeanors, or combinations of felonies and misdemeanors, all
of which
arose out of the same act or transaction, are pending shall be
brought to trial on all of the charges within the time period required
for the highest
degree of misdemeanor offense charged, as determined under
division divisions (A), (B), and
(C) of this section. (E) For purposes of computing time under divisions (A),
(B), (C)(2), and (D) of this section, each day during which the
accused is held in jail in lieu of bail on the pending charge
shall be counted as three days. This division does not apply for
purposes of computing time under division (C)(1) of this section. (F) This section shall not be construed to modify in any
way section 2941.401, or sections 2963.30 to 2963.35 of the
Revised Code. SECTION 2 . That existing section 2945.71 of the Revised Code is hereby
repealed.
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