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OH HB804

Bill

Status

Introduced

12/14/2020

Primary Sponsor

Diane Grendell

Click for details

Origin

House of Representatives

133rd General Assembly (2019-2020)

AI Summary

H.B. No. 804 Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Full Bill Text

No bill text available