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Am. H. B. No. 383 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Scherer, Hackett, Fedor, Adams, R.
A BILL
To amend section 2935.23 of the Revised Code to
authorize the prosecuting attorney of a county to
issue an investigative subpoena for any criminal
offense and to authorize the chief legal officer
of a municipal corporation to issue an
investigative subpoena for any misdemeanor
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, or any judge or magistrate, or, if the
offense is a misdemeanor, the chief legal officer of the municipal
corporation 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, or the court or magistrate, or chief legal
officer, 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 prosecuting attorney, court or magistrate, or
chief legal officer 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is hereby repealed.
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