To amend section 2945.67 of the Revised Code with respect to the right of the prosecution in a criminal or juvenile case to appeal the court's decision, order, or judgment.

Section 1. That section 2945.67 of the Revised Code be amended to read as follows:

Sec. 2945.67.  (A) A Except as otherwise provided in this division, a prosecuting attorney, village solicitor, city director of law, or similar chief legal officer of a municipal corporation, or the attorney general, may immediately appeal as a matter of right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss, with or without prejudice, all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may immediately appeal by leave of the court to which the appeal is taken as a matter of right any other final appealable decision, except the final verdict, order, or judgment of the trial court in a criminal case or of the juvenile court in a delinquency case. No appeal of right shall lie if the double jeopardy clause of the constitution of this state or the United States prohibits further prosecution, provided that an appeal of right otherwise barred by double jeopardy may proceed if it addresses one or more issues that are capable of repetition but that otherwise would evade appellate review. In addition to any other right to appeal under this section or any other provision of law, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general may appeal, in accordance with section 2953.08 of the Revised Code, a sentence imposed upon a person who is convicted of or pleads guilty to a felony.

(B) If the time for pursuing an appeal of right has expired, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general, may seek leave to appeal from the court of appeals. Such an appeal shall be instituted by filing a notice of appeal in the trial court and by concurrently filing a motion for leave to appeal in the court of appeals. The motion shall set forth the reasons for the failure of the appellant to perfect an appeal of right.

If a defendant in a case is granted leave to pursue a delayed appeal pursuant to Appellate Rule 5, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general, may cross-appeal as a matter of right from the decision, order, or judgment from which the defendant is appealing. The cross-appeal shall be filed within thirty days of the decision, order, or judgment granting the defendant leave to appeal.

(C) In any proceeding brought pursuant to division (A) or (B) of this section, the court, in accordance with Chapter 120. of the Revised Code, shall appoint the county public defender, joint county public defender, or other counsel to represent any person who is indigent, is not represented by counsel, and does not waive the person's right to counsel.

Section 2. That existing section 2945.67 of the Revised Code is hereby repealed.