Bill Title: To authorize the prosecuting attorney of a county or chief legal officer of a municipal corporation to issue an investigative subpoena for any criminal offense.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2009-09-17 - To Judiciary Criminal Justice
[SB168 Detail]Download: Ohio-2009-SB168-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Patton, Sawyer, Seitz, Wagoner
A BILL
| To amend section 2935.23 of the Revised Code to | 1 |
|
authorize the prosecuting attorney of a county or | 2 |
|
chief legal officer of a municipal corporation to | 3 |
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issue an investigative subpoena for any criminal | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2935.23 of the Revised Code be | 6 |
amended to read as follows: | 7 |
Sec. 2935.23. After a felonycriminal offense has been | 8 |
committed, and before any arrest has
been made, the prosecuting | 9 |
attorney of the county, the chief legal officer of the municipal | 10 |
corporation, or any judge or magistrate,
may cause subpoenas to | 11 |
issue, returnable before any court or magistrate, for
any person | 12 |
to give information concerning such felonythe criminal offense. | 13 |
The subpoenas shall
require the witness to appear forthwith. | 14 |
Before suchthe witness is required to
give any information, he | 15 |
the witness must be informed of the
purpose of the inquiry, and | 16 |
that hethe witness is required to
tell the truth concerning the | 17 |
samepurpose of the inquiry. HeThe witness shall then
be sworn | 18 |
and be examined under oath by the prosecuting attorney, chief | 19 |
legal officer, or the court
or magistrate, subject to the | 20 |
constitutional rights of the witness. SuchThe examination shall | 21 |
be taken in writing in any form, and shall be filed with the
court | 22 |
or magistrate taking the testimony. Witness fees shall be paid to | 23 |
such
personsthe person as in other cases. | 24 |
Section 2. That existing section 2935.23 of the Revised Code | 25 |
is hereby repealed. | 26 |