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S. B. No. 168 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Patton, Sawyer, Seitz, Wagoner
A BILL
To amend section 2935.23 of the Revised Code to
authorize the prosecuting attorney of a county or
chief legal officer of a municipal corporation to
issue an investigative subpoena for any criminal
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2935.23 of the Revised Code be
amended to read as follows:
Sec. 2935.23. After a felony criminal offense has been
committed, and before any arrest has
been made, the prosecuting
attorney of the county, the chief legal officer of the municipal
corporation, or any judge or magistrate,
may cause subpoenas to
issue, returnable before any court or magistrate, for
any person
to give information concerning such felony the criminal offense.
The subpoenas shall
require the witness to appear forthwith.
Before such the witness is required to
give any information, he
the witness must be informed of the
purpose of the inquiry, and
that he the witness is required to
tell the truth concerning the
same purpose of the inquiry. He The witness shall then
be sworn
and be examined under oath by the prosecuting attorney, chief
legal officer, or the court
or magistrate, subject to the
constitutional rights of the witness. Such
The examination shall
be taken in writing in any form, and shall be filed with the
court
or magistrate taking the testimony. Witness fees shall be paid to
such
persons the person as in other cases.
Section 2. That existing section 2935.23 of the Revised Code
is hereby repealed.
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