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OH HB265

Bill

Status

Engrossed

3/28/2012

Primary Sponsor

Louis Blessing

Click for details

Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

  • Prosecuting attorneys, city directors of law, village solicitors, and similar chief legal officers may demand a jury trial in any felony case where a defendant is eligible for one, regardless of whether the defendant waived jury trial rights.

  • The prosecuting attorney's demand for a jury trial in felony cases cannot be overridden by a defendant's failure to demand a jury trial or the defendant's objection to the jury trial.

  • These provisions apply to felony cases in municipal courts, county courts, courts of record, and juvenile cases involving adults charged with crimes.

  • A defendant's withdrawal or waiver of a jury trial claim in a felony case does not prevent the prosecuting attorney from demanding a jury trial under these amended sections.

  • The bill amends sections 1901.24, 1907.29, 2152.67, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code to establish this prosecutorial right across multiple court systems.

Legislative Description

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.

Criminal cases-prosecutors may demand jury trial

Last Action

To Judiciary

3/29/2012

Full Bill Text

No bill text available