Bill Text: OH SB295 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To authorize the prosecuting attorney of a county or chief legal officer of a municipal corporation to issue investigative subpoenas for misdemeanors.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-03-11 - To Criminal Justice [SB295 Detail]

Download: Ohio-2013-SB295-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 295

Senator Hughes 

Cosponsor: Senator Patton 

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A BILL

To amend section 2935.23 of the Revised Code to

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authorize the prosecuting attorney of a county or

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chief legal officer of a municipal corporation to

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issue investigative subpoenas for misdemeanors.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2935.23 of the Revised Code be	5
amended to read as follows:	6

Sec. 2935.23.  After a felonycriminal offense has been	7
committed, and before any arrest has been made, the prosecuting	8
attorney of the county, the chief legal officer of the municipal	9
corporation, or any judge or magistrate, may cause subpoenas to	10
issue, returnable before any court or magistrate, for any person	11
to give information concerning such felonythe criminal offense.	12
The chief legal officer of a municipal corporation may cause	13
subpoenas to be issued under this section only for the	14
investigation of misdemeanors. The subpoenas shall require the	15
witness to appear forthwith. Before suchthe witness is required	16
to give any information, hethe witness must be informed of the	17
purpose of the inquiry, and that hethe witness is required to	18
tell the truth concerning the samepurpose of the inquiry. HeThe	19
witness shall then be sworn and be examined under oath by the	20
prosecuting attorney, chief legal officer, or the court or	21
magistrate, subject to the constitutional rights of the witness.	22
SuchThe examination shall be taken in writing in any form, and	23
shall be filed with the court or magistrate taking the testimony.	24
Witness fees shall be paid to such personsthe person as in other	25
cases.	26

Section 2.  That existing section 2935.23 of the Revised Code	27
is hereby repealed.	28