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OH HB804
Bill
Status
12/14/2020
Primary Sponsor
Diane Grendell
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AI Summary
H.B. No. 804 Summary
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Enacts sections 2731.21 and 2731.22 of the Revised Code to create writs of mandamus and prohibition against elected executive officials and chief administrative officers for constitutional violations
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Allows individuals with an enforceable constitutional right to petition the Supreme Court, Court of Appeals, or Court of Common Pleas for a writ of mandamus to compel defendants to uphold the Ohio and United States Constitutions
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Permits petitioners to seek a writ of prohibition to prevent defendants from violating clear legal constitutional rights, including those under the First, Second, Fourth, and Fifth Amendments
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Requires petitions to be verified by affidavit, state that no adequate remedy exists in ordinary law, and be filed in the name of the state on relation of the individual applicant
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Applies existing mandamus and prohibition procedures under sections 2731.01 to 2731.13 to these new actions; requires a hearing on prohibition petitions upon notice to the defendant and their reply
Legislative Description
Enforce constitutional rights against officials
Courts and Civil Law : Civil Law
Last Action
Introduced
12/14/2020