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H. B. No. 265 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Slaby, O'Brien
Cosponsors:
Representatives Grossman, Huffman, Blessing, Blair, Stebelton
A BILL
To amend sections 1901.24, 1907.29, 2152.67, 2937.08,
2938.04, 2938.05, 2945.05, and 2945.06 of the
Revised Code to authorize prosecuting attorneys to
demand a jury trial in a criminal case,
notwithstanding a defendant's waiver of trial by
jury and over a defendant's objection.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.24, 1907.29, 2152.67, 2937.08,
2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code be
amended to read as follows:
Sec. 1901.24. (A) A jury trial in a municipal court shall be
demanded in the manner prescribed in the Rules of Civil Procedure
or the Rules of Criminal Procedure. The number of persons
composing a jury and the verdicts of jurors shall be governed by
those rules.
(B) The right of a person to a jury trial in a municipal
court is waived under the circumstances prescribed in the Rules of
Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, a village solicitor, a city
director of law, or a similar chief legal officer for a municipal
corporation responsible for prosecuting a criminal case before a
municipal court may demand a jury trial in any criminal case in
which a defendant may demand a jury trial. The prosecuting
attorney, village solicitor, city director of law, or similar
chief legal officer may demand a jury trial notwithstanding a
defendant's failure to demand a jury trial and over the objection
of the defendant.
Sec. 1907.29. (A) A jury trial shall be demanded in the
manner prescribed in the Rules of Civil Procedure or the Rules of
Criminal Procedure. The number of persons composing a jury and the
verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial is waived under the
circumstances prescribed in the Rules of Civil Procedure or the
Rules of Criminal Procedure.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer for a municipal
corporation responsible for prosecuting a criminal case before a
county court may demand a jury trial in any criminal case in which
a defendant may demand a jury trial. The prosecuting attorney,
city director of law, village solicitor, or similar chief legal
officer may demand a jury trial notwithstanding a defendant's
failure to demand a jury trial and over the objection of the
defendant.
(D) If, as a result of challenges or other causes, a jury
panel is not full, the deputy sheriff or constable who is in
attendance at a trial before a county court may fill the panel in
the same manner as the sheriff fills a panel in the court of
common pleas.
(D)(E) The judge of the county court involved in a case shall
administer an oath to the jury to try the matters in difference
between the parties that are to be determined by the jury, and to
give a verdict in accordance with the evidence.
(E)(F) After the jurors are sworn in a case before a county
court, they shall sit together and hear the proofs and allegations
of the parties. After the hearing, the jury shall be kept together
in a convenient place until they have agreed upon their verdict or
have been discharged by the county court judge involved in the
case.
(F)(G) If an action being tried to a jury in a county court
is continued, the jurors shall attend at the time and place
appointed for trial without further notice.
(G)(H) The judge of a county court involved in a case may
punish as for contempt any juror who neglects or refuses to attend
when properly summoned or who, although in attendance, refuses to
serve.
(H)(I) If, in a civil action before a county court, the judge
is satisfied that the number of jurors required by Civil Rule 48
for concurrence purposes cannot concur in a verdict, and the jury
has deliberated upon the verdict for a reasonable time, the judge
may discharge the jury and continue the action. If either party
requests a new jury, the judge shall cause the selection of
another jury. If the action is continued, it shall be continued to
a time that the judge considers reasonable unless the parties or
their attorneys agree on a longer or shorter time.
Sec. 2152.67. Any adult who is arrested or charged under any
provision in this chapter and who is charged with a crime may
demand a trial by jury, or the. The prosecuting attorney may
demand a trial by jury notwithstanding a defendant's failure to
demand a trial by jury and over the objection of the defendant.
The juvenile judge upon the judge's own motion may call a jury. A
demand for a jury trial shall be made in writing in not less than
three days before the date set for trial, or within three days
after counsel has been retained, whichever is later. Sections
2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to
the drawing and impaneling of jurors in criminal cases in the
court of common pleas, other than in capital cases, shall apply to
a jury trial under this section. The compensation of jurors and
costs of the clerk and sheriff shall be taxed and paid in the same
manner as in criminal cases in the court of common pleas.
Sec. 2937.08. Upon a plea of not guilty or a plea of once in
jeopardy, if the charge be a misdemeanor in a court of record, the
court shall proceed to set the matter for trial at a future time,
pursuant to Chapter 2938. of the Revised Code, and shall let
accused to bail pending such trial. Or he
the court may, but only
if both prosecutor and accused expressly consent, set the matter
for trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a
court not of record, the magistrate shall forthwith set the matter
for future trial or, with the consent of both state and defendant
may set trial forthwith, both pursuant to Chapter 2938. of the
Revised Code, provided that if. If the nature of the offense is
such that right to jury trial exists, such matter shall not be
tried before him the magistrate unless the accused, by writing
subscribed by him the accused, waives a jury and consents to be
tried by the magistrate and the prosecutor does not request a
trial by jury. The prosecutor may demand a jury trial in any
matter that the defendant has the right to jury trial. If the
prosecutor demands a jury trial, the matter shall not be tried
before the magistrate, notwithstanding the defendant's waiver of a
jury trial or the objection of the defendant.
If the defendant in such event does not waive right to jury
trial or if the prosecutor requests a trial by jury, then the
magistrate shall require the accused to enter into recognizance to
appear before a court of record in the county, set by such
magistrate, and the magistrate shall thereupon certify all papers
filed, together with transcript of proceedings and accrued costs
to date, and such recognizance if given, to such designated court
of record. Such transfer shall not require the filing of
indictment or information and trial shall proceed in the
transferee court pursuant to Chapter 2938. of the Revised Code.
Sec. 2938.04. (A) In courts of record, the right to trial by
jury as defined in section 2945.17 of the Revised Code shall be
claimed by making demand in writing therefor for a jury trial and
filing the same demand with the clerk of the court not less than
three days prior to the date set for trial or on the day following
receipt of notice whichever is the later. Failure to claim jury
trial as provided in this section is a complete waiver of right
thereto to a jury trial. In courts not of record, a jury trial may
not be had, but a failure to waive a jury trial in writing where
right to a jury trial may be asserted shall require the magistrate
to certify such the case to a court of record as provided in
section 2937.08 of the Revised Code.
(B) The prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer responsible for
prosecuting a criminal case before a court of record under this
chapter may demand a jury trial in any case in which a defendant
may demand a jury trial. The prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
may demand a jury trial notwithstanding a defendant's failure to
demand a jury trial and over the objection of the defendant.
Sec. 2938.05. Claim of A defendant's claim for a jury trial,
once made, may be withdrawn by a defendant by a written waiver of
a jury but in such case the court may, if trial. A defendant's
withdrawal of a claim for a jury trial does not affect a demand
for a jury trial by a prosecuting attorney, city director of law,
village solicitor, or similar chief legal officer under section
2938.04 of the Revised Code. If a jury has been summoned,
pursuant to the defendant's claim for a jury trial, the court may
require
accused the defendant to pay all costs of mileage and fees
of members of the venire for one day's service, notwithstanding
the outcome of the case. No withdrawal of a claim for a jury trial
shall effect any re-transfer of a case, once it has been certified
to a court of record.
Sec. 2945.05. (A) In all criminal cases pending in courts of
record in this state, the defendant may waive a trial by jury and
be tried by the court without a jury. Such A waiver of a trial by
jury by a defendant, shall be in writing, signed by the defendant,
and filed in said cause and made a part of the record thereof. It
shall be entitled in the court and cause, and in substance as
follows: "I ..............., defendant in the above cause, hereby
voluntarily waive and relinquish my right to a trial by jury, and
elect to be tried by a Judge of the Court in which the said cause
may be pending. I fully understand that under the laws of this
state, I have a constitutional right to a trial by jury."
Such A waiver of trial by jury must be made in open court
after the defendant has been arraigned and has had an opportunity
to consult with counsel. Such The waiver may be withdrawn by the
defendant at any time before the commencement of the trial.
(B) The prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer responsible for
prosecuting the criminal case may demand a trial by jury in any
criminal case that is pending in a court of record in this state
in which a defendant may demand a trial by jury. The prosecuting
attorney, city director of law, village solicitor, or similar
chief legal officer responsible for prosecuting the criminal case
may demand a trial by jury notwithstanding the defendant's waiver
of a trial by jury and over the objection of the defendant.
Sec. 2945.06. In any case in which a defendant waives his
the right to trial by jury and elects to be tried by the court
under section 2945.05 of the Revised Code, if the prosecuting
attorney, city director of law, village solicitor, or similar
chief legal officer responsible for prosecuting the criminal case
has not demanded a trial by jury in that case any judge of the
court in which the cause is pending shall proceed to hear, try,
and determine the cause in accordance with the rules and in like
manner as if the cause were being tried before a jury. If the
accused is charged with an offense punishable with death, he shall
be tried by a court to be composed of three judges, consisting of
the judge presiding at the time in the trial of criminal cases and
two other judges to be designated by the presiding judge or chief
justice of that court, and in case there is neither a presiding
judge nor a chief justice, by the chief justice of the supreme
court. The judges or a majority of them may decide all questions
of fact and law arising upon the trial; however the accused shall
not be found guilty or not guilty of any offense unless the judges
unanimously find the accused guilty or not guilty. If the accused
pleads guilty of aggravated murder, a court composed of three
judges shall examine the witnesses, determine whether the accused
is guilty of aggravated murder or any other offense, and pronounce
sentence accordingly. The court shall follow the procedures
contained in sections 2929.03 and 2929.04 of the Revised Code in
all cases in which the accused is charged with an offense
punishable by death. If in the composition of the court it is
necessary that a judge from another county be assigned by the
chief justice, the judge from another county shall be compensated
for his the judge's services as provided by section 141.07 of the
Revised Code.
Section 2. That existing sections 1901.24, 1907.29, 2152.67,
2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised
Code are hereby repealed.
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