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S. B. No. 295 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Senator Patton
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 investigative subpoenas for misdemeanors.
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 chief legal officer of a municipal corporation may cause
subpoenas to be issued under this section only for the
investigation of misdemeanors. 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is hereby repealed.
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