Bill Text: OH HB265 | 2011-2012 | 129th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To authorize prosecuting attorneys to demand a jury trial in a felony case, notwithstanding a defendant's waiver of trial by jury and over a defendant's objection.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Engrossed - Dead) 2012-03-29 - To Judiciary [HB265 Detail]

Download: Ohio-2011-HB265-Comm_Sub.html

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As Reported by the House Criminal Justice Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 265

Representatives Slaby, O'Brien 

Cosponsors: Representatives Grossman, Huffman, Blessing, Blair, Stebelton 

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A BILL

To amend sections 1901.24, 1907.29, 2152.67, 2938.04,

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2938.05, 2945.05, and 2945.06 of the Revised Code

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to authorize prosecuting attorneys to demand a

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jury trial in a felony case, notwithstanding a

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defendant's waiver of trial by jury and over a

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defendant's objection.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1901.24, 1907.29, 2152.67, 2938.04,	7
2938.05, 2945.05, and 2945.06 of the Revised Code be amended to	8
read as follows:	9

Sec. 1901.24.  (A) A jury trial in a municipal court shall be	10
demanded in the manner prescribed in the Rules of Civil Procedure	11
or the Rules of Criminal Procedure. The number of persons	12
composing a jury and the verdicts of jurors shall be governed by	13
those rules.	14

(B) The right of a person to a jury trial in a municipal	15
court is waived under the circumstances prescribed in the Rules of	16
Civil Procedure or the Rules of Criminal Procedure.	17

(C) The prosecuting attorney, a village solicitor, a city	18
director of law, or a similar chief legal officer for a municipal	19
corporation responsible for prosecuting a felony case before a	20
municipal court may demand a jury trial in any felony case in	21
which a defendant may demand a jury trial. The prosecuting	22
attorney, village solicitor, city director of law, or similar	23
chief legal officer may demand a jury trial in a felony case	24
notwithstanding a defendant's failure to demand a jury trial and	25
over the objection of the defendant.	26

Sec. 1907.29.  (A) A jury trial shall be demanded in the	27
manner prescribed in the Rules of Civil Procedure or the Rules of	28
Criminal Procedure. The number of persons composing a jury and the	29
verdicts of jurors shall be governed by those rules.	30

(B) The right of a person to a jury trial is waived under the	31
circumstances prescribed in the Rules of Civil Procedure or the	32
Rules of Criminal Procedure.	33

(C) The prosecuting attorney, village solicitor, city	34
director of law, or similar chief legal officer for a municipal	35
corporation responsible for prosecuting a felony case before a	36
county court may demand a jury trial in any felony case in which a	37
defendant may demand a jury trial. The prosecuting attorney, city	38
director of law, village solicitor, or similar chief legal officer	39
may demand a jury trial in a felony case notwithstanding a	40
defendant's failure to demand a jury trial and over the objection	41
of the defendant.	42

(D) If, as a result of challenges or other causes, a jury	43
panel is not full, the deputy sheriff or constable who is in	44
attendance at a trial before a county court may fill the panel in	45
the same manner as the sheriff fills a panel in the court of	46
common pleas.	47

(D)(E) The judge of the county court involved in a case shall	48
administer an oath to the jury to try the matters in difference	49
between the parties that are to be determined by the jury, and to	50
give a verdict in accordance with the evidence.	51

(E)(F) After the jurors are sworn in a case before a county	52
court, they shall sit together and hear the proofs and allegations	53
of the parties. After the hearing, the jury shall be kept together	54
in a convenient place until they have agreed upon their verdict or	55
have been discharged by the county court judge involved in the	56
case.	57

(F)(G) If an action being tried to a jury in a county court	58
is continued, the jurors shall attend at the time and place	59
appointed for trial without further notice.	60

(G)(H) The judge of a county court involved in a case may	61
punish as for contempt any juror who neglects or refuses to attend	62
when properly summoned or who, although in attendance, refuses to	63
serve.	64

(H)(I) If, in a civil action before a county court, the judge	65
is satisfied that the number of jurors required by Civil Rule 48	66
for concurrence purposes cannot concur in a verdict, and the jury	67
has deliberated upon the verdict for a reasonable time, the judge	68
may discharge the jury and continue the action. If either party	69
requests a new jury, the judge shall cause the selection of	70
another jury. If the action is continued, it shall be continued to	71
a time that the judge considers reasonable unless the parties or	72
their attorneys agree on a longer or shorter time.	73

Sec.  2152.67.  Any adult who is arrested or charged under any	74
provision in this chapter and who is charged with a crime may	75
demand a trial by jury, or the. In any felony case, the	76
prosecuting attorney may demand a trial by jury notwithstanding a	77
defendant's failure to demand a trial by jury and over the	78
objection of the defendant. The juvenile judge upon the judge's	79
own motion may call a jury. A demand for a jury trial shall be	80
made in writing in not less than three days before the date set	81
for trial, or within three days after counsel has been retained,	82
whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the	83
Revised Code, relating to the drawing and impaneling of jurors in	84
criminal cases in the court of common pleas, other than in capital	85
cases, shall apply to a jury trial under this section. The	86
compensation of jurors and costs of the clerk and sheriff shall be	87
taxed and paid in the same manner as in criminal cases in the	88
court of common pleas.	89

Sec. 2938.04. (A) In courts of record, the right to trial by	90
jury as defined in section 2945.17 of the Revised Code shall be	91
claimed by making demand in writing thereforfor a jury trial and	92
filing the samedemand with the clerk of the court not less than	93
three days prior to the date set for trial or on the day following	94
receipt of notice whichever is the later. Failure to claim jury	95
trial as provided in this section is a complete waiver of right	96
theretoto a jury trial. In courts not of record, a jury trial may	97
not be had, but a failure to waive a jury trial in writing where	98
right to a jury trial may be asserted shall require the magistrate	99
to certify suchthe case to a court of record as provided in	100
section 2937.08 of the Revised Code.	101

(B) The prosecuting attorney, city director of law, village	102
solicitor, or similar chief legal officer responsible for	103
prosecuting a felony case before a court of record under this	104
chapter may demand a jury trial in any felony case in which a	105
defendant may demand a jury trial. The prosecuting attorney,	106
village solicitor, city director of law, or similar chief legal	107
officer may demand a jury trial in a felony case notwithstanding a	108
defendant's failure to demand a jury trial and over the objection	109
of the defendant.	110

Sec. 2938.05. Claim ofA defendant's claim for a jury trial,	111
once made, may be withdrawn by a defendant by a written waiver of	112
a jury but in such case the court may, iftrial. A defendant's	113
withdrawal of a claim for a jury trial in a felony case does not	114
affect a demand for a jury trial in that case by a prosecuting	115
attorney, city director of law, village solicitor, or similar	116
chief legal officer under section 2938.04 of the Revised Code. If	117
a jury has been summoned,pursuant to the defendant's claim for a	118
jury trial, the court may require accusedthe defendant to pay all	119
costs of mileage and fees of members of the venire for one day's	120
service, notwithstanding the outcome of the case. No withdrawal of	121
a claim for a jury trial shall effect any re-transfer of a case,	122
once it has been certified to a court of record.	123

Sec. 2945.05. (A) In all criminal cases pending in courts of	124
record in this state, the defendant may waive a trial by jury and	125
be tried by the court without a jury. SuchA waiver of a trial by	126
jury by a defendant, shall be in writing, signed by the defendant,	127
and filed in said cause and made a part of the record thereof. It	128
shall be entitled in the court and cause, and in substance as	129
follows: "I ..............., defendant in the above cause, hereby	130
voluntarily waive and relinquish my right to a trial by jury, and	131
elect to be tried by a Judge of the Court in which the said cause	132
may be pending. I fully understand that under the laws of this	133
state, I have a constitutional right to a trial by jury."	134

SuchA waiver of trial by jury must be made in open court	135
after the defendant has been arraigned and has had an opportunity	136
to consult with counsel. SuchThe waiver may be withdrawn by the	137
defendant at any time before the commencement of the trial.	138

(B) The prosecuting attorney, city director of law, village	139
solicitor, or similar chief legal officer responsible for	140
prosecuting a felony case may demand a trial by jury in any felony	141
case that is pending in a court of record in this state in which a	142
defendant may demand a trial by jury. The prosecuting attorney,	143
city director of law, village solicitor, or similar chief legal	144
officer responsible for prosecuting the felony case may demand a	145
trial by jury notwithstanding the defendant's waiver of a trial by	146
jury and over the objection of the defendant.	147

Sec. 2945.06.  In any case in which a defendant waives his	148
the right to trial by jury and elects to be tried by the court	149
under section 2945.05 of the Revised Code, if the prosecuting	150
attorney, city director of law, village solicitor, or similar	151
chief legal officer responsible for prosecuting the case has not	152
demanded a trial by jury in that case any judge of the court in	153
which the cause is pending shall proceed to hear, try, and	154
determine the cause in accordance with the rules and in like	155
manner as if the cause were being tried before a jury. If the	156
accused is charged with an offense punishable with death, he shall	157
be tried by a court to be composed of three judges, consisting of	158
the judge presiding at the time in the trial of criminal cases and	159
two other judges to be designated by the presiding judge or chief	160
justice of that court, and in case there is neither a presiding	161
judge nor a chief justice, by the chief justice of the supreme	162
court. The judges or a majority of them may decide all questions	163
of fact and law arising upon the trial; however the accused shall	164
not be found guilty or not guilty of any offense unless the judges	165
unanimously find the accused guilty or not guilty. If the accused	166
pleads guilty of aggravated murder, a court composed of three	167
judges shall examine the witnesses, determine whether the accused	168
is guilty of aggravated murder or any other offense, and pronounce	169
sentence accordingly. The court shall follow the procedures	170
contained in sections 2929.03 and 2929.04 of the Revised Code in	171
all cases in which the accused is charged with an offense	172
punishable by death. If in the composition of the court it is	173
necessary that a judge from another county be assigned by the	174
chief justice, the judge from another county shall be compensated	175
for histhe judge's services as provided by section 141.07 of the	176
Revised Code.	177

Section 2. That existing sections 1901.24, 1907.29, 2152.67,	178
2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code are	179
hereby repealed.	180