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Am. H. B. No. 523 As Reported by the House Judiciary and Ethics CommitteeAs Reported by the House Judiciary and Ethics Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives McGregor, Murray, Terhar
A BILL
To amend section 1905.01 of the Revised Code to
increase from more than 100 to more than 1,000 the
population necessary for a municipal corporation
other than a municipal corporation located on an
island in Lake Erie to have a mayor's court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1905.01 of the Revised Code be
amended to read as follows:
Sec. 1905.01. (A) In Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all other any municipal
corporation located on an island in Lake Erie and any municipal
corporations corporation having a population of more than one
hundred thousand, other than Batavia in Clermont county, not being
the site of a municipal court nor a place where a judge of the
Auglaize county, Crawford county, Jackson county, Miami county,
Montgomery county, Portage county, or Wayne county municipal court
sits as required pursuant to section 1901.021 of the Revised Code
or by designation of the judges pursuant to section 1901.021 of
the Revised Code, the mayor of the municipal corporation has
jurisdiction, except as provided in divisions (B), (C), and (E) of
this section and subject to the limitation contained in section
1905.03 and the limitation contained in section 1905.031 of the
Revised Code, to hear and determine any prosecution for the
violation of an ordinance of the municipal corporation, to hear
and determine any case involving a violation of a vehicle parking
or standing ordinance of the municipal corporation unless the
violation is required to be handled by a parking violations bureau
or joint parking violations bureau pursuant to Chapter 4521. of
the Revised Code, and to hear and determine all criminal causes
involving any moving traffic violation occurring on a state
highway located within the boundaries of the municipal
corporation, subject to the limitations of sections 2937.08 and
2938.04 of the Revised Code.
(B)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all other any municipal corporation located
on an island in Lake Erie and any municipal corporations
corporation having a population of more than one hundred thousand,
other than Batavia in Clermont county, not being the site of a
municipal court nor a place where a judge of a court listed in
division (A) of this section sits as required pursuant to section
1901.021 of the Revised Code or by designation of the judges
pursuant to section 1901.021 of the Revised Code, the mayor of the
municipal corporation has jurisdiction, subject to the limitation
contained in section 1905.03 of the Revised Code, to hear and
determine prosecutions involving a violation of an ordinance of
the municipal corporation relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination
of them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, and to hear and determine criminal
causes involving a violation of section 4511.19 of the Revised
Code that occur on a state highway located within the boundaries
of the municipal corporation, subject to the limitations of
sections 2937.08 and 2938.04 of the Revised Code, only if the
person charged with the violation, within six years of the date of
the violation charged, has not been convicted of or pleaded guilty
to any of the following:
(a) A violation of an ordinance of any municipal corporation
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or a combination of them or relating to
operating a vehicle with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal corporation
or of any section of the Revised Code that regulates the operation
of vehicles, streetcars, and trackless trolleys upon the highways
or streets, to which all of the following apply:
(i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of a type described in division
(B)(1)(a) of this section, or with a violation of section 4511.19
of the Revised Code;
(ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or to
which the person pleaded guilty arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(d) A violation of a statute of the United States or of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or (b)
of this section, regardless of where the violation occurred, if
the person charged with the violation, within six years of the
violation charged, has been convicted of or pleaded guilty to any
violation listed in division (B)(1)(a), (b), (c), or (d) of this
section.
If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the municipal
corporation the mayor serves relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination
of them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, or in hearing a criminal cause involving
a violation of section 4511.19 of the Revised Code, determines
that the person charged, within six years of the violation
charged, has been convicted of or pleaded guilty to any violation
listed in division (B)(1)(a), (b), (c), or (d) of this section,
the mayor immediately shall transfer the case to the county court
or municipal court with jurisdiction over the violation charged,
in accordance with section 1905.032 of the Revised Code.
(C)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all other any municipal corporation located
on an island in Lake Erie and any municipal corporations
corporation having a population of more than one hundred thousand,
other than Batavia in Clermont county, not being the site of a
municipal court and not being a place where a judge of a court
listed in division (A) of this section sits as required pursuant
to section 1901.021 of the Revised Code or by designation of the
judges pursuant to section 1901.021 of the Revised Code, the mayor
of the municipal corporation, subject to sections 1901.031,
2937.08, and 2938.04 of the Revised Code, has jurisdiction to hear
and determine prosecutions involving a violation of a municipal
ordinance that is substantially equivalent to division (A) of
section 4510.14 or section 4510.16 of the Revised Code and to hear
and determine criminal causes that involve a moving traffic
violation, that involve a violation of division (A) of section
4510.14 or section 4510.16 of the Revised Code, and that occur on
a state highway located within the boundaries of the municipal
corporation only if all of the following apply regarding the
violation and the person charged:
(a) Regarding a violation of section 4510.16 of the Revised
Code or a violation of a municipal ordinance that is substantially
equivalent to that division, the person charged with the
violation, within six years of the date of the violation charged,
has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of section 4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to section 4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(b) Regarding a violation of division (A) of section 4510.14
of the Revised Code or a violation of a municipal ordinance that
is substantially equivalent to that division, the person charged
with the violation, within six years of the date of the violation
charged, has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of division (A) of section 4510.14 of the
Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division (A) of section 4510.14 of the
Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets in
a case in which, after a charge against the person of a violation
of a type described in division (C)(1)(b)(i) or (ii) of this
section was dismissed or reduced, the person is convicted of or
pleads guilty to a violation that arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within six years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within six years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the municipal
corporation the mayor serves that is substantially equivalent to
division (A) of section 4510.14 or section 4510.16 of the Revised
Code or a violation of division (A) of section 4510.14 or section
4510.16 of the Revised Code, determines that, under division
(C)(2) of this section, mayors do not have jurisdiction of the
prosecution, the mayor immediately shall transfer the case to the
county court or municipal court with jurisdiction over the
violation in accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has jurisdiction
pursuant to division (B)(1) of this section to hear and determine
a prosecution or criminal cause involving a violation described in
division (B)(1)(a) or (b) of this section, the authority of the
mayor to hear or determine the prosecution or cause is subject to
the limitation contained in division (C) of section 1905.03 of the
Revised Code. If the mayor of a municipal corporation has
jurisdiction pursuant to division (A) or (C) of this section to
hear and determine a prosecution or criminal cause involving a
violation other than a violation described in division (B)(1)(a)
or (b) of this section, the authority of the mayor to hear or
determine the prosecution or cause is subject to the limitation
contained in division (C) of section 1905.031 of the Revised Code.
(E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving any of the following:
(a) A violation of section 2919.25 or 2919.27 of the Revised
Code;
(b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211, or 2911.211 of the Revised Code that involves a person
who was a family or household member of the defendant at the time
of the violation;
(c) A violation of a municipal ordinance that is
substantially equivalent to an offense described in division
(E)(1)(a) or (b) of this section and that involves a person who
was a family or household member of the defendant at the time of
the violation.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine a motion filed pursuant to
section 2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is substantially equivalent to that
section or to issue a protection order pursuant to that section or
a substantially equivalent municipal ordinance.
(3) As used in this section, "family or household member" has
the same meaning as in section 2919.25 of the Revised Code.
(F) In keeping a docket and files, the mayor, and a mayor's
court magistrate appointed under section 1905.05 of the Revised
Code, shall be governed by the laws pertaining to county courts.
Section 2. That existing section 1905.01 of the Revised Code
is hereby repealed.
Section 3. (A) Upon the effective date of this act, within
each municipal corporation with a population of one thousand or
less other than a municipal corporation located on an island in
Lake Erie, the jurisdiction of the mayor in all civil and criminal
causes that otherwise was granted under section 1905.01 of the
Revised Code prior to the effective date of this act terminates.
Upon the effective date of this act, all prosecutions, cases,
criminal causes, and other proceedings then pending in a mayor's
court of a municipal corporation that has a population of one
thousand or less shall be transferred to and proceed in the
municipal court, county court, or court of common pleas with
jurisdiction over the alleged violation that is the basis of the
prosecution, case, cause, or proceeding, as if the prosecution,
case, cause, or proceeding originally had been instituted in the
municipal court, county court, or court of common pleas.
(B) Upon the transfer of a prosecution, case, criminal cause,
or other proceeding to a municipal court, county court, or court
of common pleas under division (A) of this section, the mayor of
the municipal corporation before whom the prosecution, case,
cause, or proceeding was pending upon the effective date of this
act shall transfer to the municipal court, county court, or court
of common pleas the pleadings, orders, entries, dockets, bonds,
papers, records, books, exhibits, files, moneys, property, and
persons that belong to, are in the possession of, or were subject
to the jurisdiction of the mayor and that pertain to the
transferred prosecution, case, cause, or proceeding.
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