Bill Text: OH HB465 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To permit the trial of a corporation in absentia in a criminal proceeding in any trial court and in such a proceeding initiated by a complaint.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-02-28 - To Criminal Justice [HB465 Detail]

Download: Ohio-2011-HB465-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 465

Representative Foley 

Cosponsors: Representatives Yuko, Letson, Driehaus, Murray, Antonio, Ramos, Hagan, R., Williams 

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A BILL

To amend section 2941.47 of the Revised Code to

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permit the trial of a corporation in absentia in a

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criminal proceeding in any trial court and in such

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a proceeding initiated by a complaint.

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

Section 1. That section 2941.47 of the Revised Code be	5
amended to read as follows:	6

Sec. 2941.47.  When an indictment is returned or information	7
or complaint filed against a corporation, a summons commanding the	8
sheriff to notify the accused thereof, returnable on the seventh	9
day after its date, shall issue on praecipe of the prosecuting	10
attorney. SuchThe summons with a copy of the indictment,	11
information or complaint shall be served and returned in the	12
manner provided for service of summons upon corporations in civil	13
actions. If the service cannot be made in the county where the	14
prosecution began, the sheriff may make service in any other	15
county of the state, upon the president, secretary,	16
superintendent, clerk, treasurer, cashier, managing agent, or	17
other chief officer thereof, or by leaving a copy at a general or	18
branch office or usual place of doing business of such	19
corporation, with the person having charge thereof. SuchThe	20
corporation shall appear by one of its officers or by counsel on	21
or before the return day of the summons served and answer to the	22
indictment or, information, or complaint by motion, demurrer, or	23
plea, and upon failure to make suchan appearance and answer, the	24
clerk of the court of common pleas shall enter a plea of "not	25
guilty." Upon suchan appearance being made or plea entered, the	26
corporation is before the court until the case is finally disposed	27
of. On saidthe indictment or, information, or complaint, no	28
warrant of arrest may issue except for individuals who may be	29
included in suchthe indictment or, information, or complaint.	30

Section 2. That existing section 2941.47 of the Revised Code	31
is hereby repealed.	32