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OH SB263

Bill

Status

Introduced

1/25/2016

Primary Sponsor

Jim Hughes

Click for details

Origin

Senate

131st General Assembly (2015-2016)

AI Summary

  • Authorizes courts to cancel negotiated guilty or no contest pleas in felony cases and first-degree misdemeanor cases if the offender fails to comply with plea agreement conditions, such as providing information, cooperating with law enforcement, or performing required activities.

  • Requires underlying plea agreements to be stated on the record in open court for felony cases and first-degree misdemeanor cases.

  • Allows the offender's guilty or no contest plea to serve as a waiver of speedy trial rights during proceedings to enforce plea agreement compliance.

  • Permits prosecutors to file a motion requesting the court vacate the plea and sentence if the offender fails to fulfill obligations; courts must determine compliance and may reinstate previously dismissed charges if noncompliance is found.

  • Declares intent to supersede the Ohio Supreme Court's holding in State v. Gilbert (2014) to restore court jurisdiction to vacate pleas based on violations of negotiated plea agreements.

Legislative Description

Allows court to cancel plea bargain if defendant noncooperative

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Refer to Committee: Criminal Justice

1/27/2016

Committee Referrals

Criminal Justice1/27/2016

Full Bill Text

No bill text available