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OH HB338

Bill

Status

Passed

9/17/2010

Primary Sponsor

Louis Blessing

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Creates Putnam County Municipal Court in Ottawa effective January 1, 2011, with one full-time judgeship nominated by petition only; abolishes Putnam County County Court on same date and transfers all pending cases and employees to the new municipal court.

  • Establishes concurrent jurisdiction in courts to adjudicate all driver's license issues in a single forum, allowing courts to address validity, suspension, and driving privileges issues together rather than separately.

  • Requires the Clerk of the Court of Claims to request the Controlling Board pay 50% of specified compensation amounts to wrongfully imprisoned individuals within 60 days of a court determination, with final judgment reduced by this preliminary payment amount.

  • Expands sentencing options for judges to impose longer periods under same sanctions, more restrictive sanctions, or prison terms when offenders violate community control sanctions; allows judicial release of misdemeanants from jail sentences with prosecutor notification requirements.

  • Modifies penalties for traffic offenses including operating a motor vehicle without valid license and failure to stop after accidents; clarifies sentencing standards for unclassified misdemeanors to permit fines up to $1,000 and community service up to 500 hours instead of jail time.

Legislative Description

To allow, in certain circumstances, all issues concerning a person's driver's license to be litigated in a single court, to create the Putnam County Municipal Court in Ottawa on January 1, 2011, to establish one full-time judgeship in that court, to provide for the nomination of the judge by petition only, to abolish the Putnam County County Court on that date, to designate the Putnam County Clerk of Courts as the clerk of the Putnam County Municipal Court, to provide for the election for the Putnam County Municipal Court of one full-time judge in 2011, to make deputy sheriffs and members of a township or joint township police force ex officio deputy bailiffs of municipal courts, to require the Clerk of the Court of Claims to request that the Controlling Board, within 60 days after the date of the entry of a court's determination that a person is a wrongfully imprisoned individual, pay 50 per cent of a certain specified amount of money to that wrongfully imprisoned individual, to permit a trial judge to impose a prison term or jail time, to extend the duration of a community control sanction, to impose a more restrictive sanction when a felony or a misdemeanant violates any condition of a community control sanction, to allow a judge or magistrate to base a finding on the facts contained in a complaint, to authorize judicial release of misdemeanants who are serving jail sentences, to modify the conditions for increased penalties for the offenses of failure to stop after an accident and failure to stop after a nonpublic road accident, to modify the penalty for repeat offenders under "operating a motor vehicle without a valid license" who never have held a valid driver's or commercial driver's license or permit, and to clarify the manner of sentencing for that offense and three other traffic offenses when they are unclassified misdemeanors.

Driver's license-litigate all issues concerning in a single court

Last Action

Effective Date

9/17/2010

Full Bill Text

No bill text available