reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.57 | Timing of Judgment Vacating and Setting Aside Conviction Because of DNA Testing.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) A court that enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code or under section 2953.82 of the Revised Code shall issue ninety days after the court vacates and sets aside the conviction an order directing that all official records pertaining to the case involving the vacated conviction be sealed and that the proceedings in the case shall be deemed not to have occurred.
(B) As used in sections 2953.57 to 2953.60 of the Revised Code, "official records" has the same meaning as in section 2953.31 of the Revised Code.
Last updated March 8, 2023 at 11:43 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.58 | Effect of Sealing Order Under r.c. 2953.57.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) The court shall send notice of an order to seal official records issued pursuant to section 2953.57 of the Revised Code to any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order. The notice shall be sent by certified mail, return receipt requested.
(B) A person whose official records have been sealed pursuant to an order issued pursuant to section 2953.57 of the Revised Code may present a copy of that order and a written request to comply with it, to a public office or agency that has a record of the case that is the subject of the order.
(C) An order to seal official records issued pursuant to section 2953.57 of the Revised Code applies to every public office or agency that has a record of the case that is the subject of the order, regardless of whether it receives a copy of the order to seal the official records pursuant to division (A) or (B) of this section.
(D) Upon receiving a copy of an order to seal official records pursuant to division (A) or (B) of this section or upon otherwise becoming aware of an applicable order to seal official records issued pursuant to section 2953.57 of the Revised Code, a public office or agency shall comply with the order and, if applicable, with the provisions of section 2953.59 of the Revised Code, except that it may maintain a record of the case that is the subject of the order if the record is maintained for the purpose of compiling statistical data only and does not contain any reference to the person who is the subject of the case and the order.
A public office or agency also may maintain an index of sealed official records, in a form similar to that for sealed records of conviction as set forth in division (C) of section 2953.34 of the Revised Code, access to which may not be afforded to any person other than the person who has custody of the sealed official records. The sealed official records to which such an index pertains shall not be available to any person, except that the official records of a case that have been sealed may be made available to the following persons for the following purposes:
(1) To the person who is the subject of the records upon written application, and to any other person named in the application, for any purpose;
(2) To a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case.
Last updated March 10, 2023 at 2:28 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.60 | Questioning Regarding, or Release Of, Records Sealed Under r.c. 2953.57.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
(A) In any application for employment, license, or any other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any record that has been sealed pursuant to section 2953.57 of the Revised Code. If an inquiry is made in violation of this section, the person whose official record was sealed may respond as if the arrest underlying the case to which the sealed official records pertain and all other proceedings in that case did not occur, and the person whose official record was sealed shall not be subject to any adverse action because of the arrest, the proceedings, or the person's response.
(B) An officer or employee of the state or any of its political subdivisions who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state, or of any of its political subdivisions, any information or other data concerning any arrest, complaint, indictment, information, trial, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2953.57 of the Revised Code, is guilty of divulging confidential information, a misdemeanor of the fourth degree.
Last updated March 10, 2023 at 2:34 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.61 | Multiple Charges; Sealing or Expungement of Records.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Except as provided in division (B)(1) of this section, a person charged with two or more offenses as a result of or in connection with the same act may not apply to the court pursuant to section 2953.32, 2953.33, or 2953.521 of the Revised Code for the sealing or expungement of the person's record in relation to any of the charges, and a prosecutor may not apply to the court pursuant to section 2953.39 of the Revised Code for the sealing or expungement of the record of a person in relation to any of the charges if the person was charged with two or more offenses as a result of or in connection with the same act, when at least one of the charges has a final disposition that is different from the final disposition of the other charges until such time as the person, or prosecutor, would be able to apply to the court and have all of the records pertaining to all of those charges sealed or expunged pursuant to section 2953.32, 2953.33, 2953.39, or 2953.521 of the Revised Code.
(B)(1) When a person is charged with two or more offenses as a result of or in connection with the same act and the final disposition of one, and only one, of the charges is a conviction under any section of Chapter 4507., 4510., 4511., or 4549., other than section 4511.19 or 4511.194 of the Revised Code, or under a municipal ordinance that is substantially similar to any section other than section 4511.19 or 4511.194 of the Revised Code contained in any of those chapters, and if the records pertaining to all the other charges would be eligible for sealing or expungement under section 2953.33, 2953.39, or 2953.521 of the Revised Code in the absence of that conviction, the court may order that the records pertaining to all the charges be sealed or expunged. In such a case, the court shall not order that only a portion of the records be sealed or expunged.
(2) Division (B)(1) of this section does not apply if the person convicted of the offenses currently holds a commercial driver's license or commercial driver's license temporary instruction permit.
Last updated March 8, 2023 at 4:13 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.75 | Prosecutor to Use Reasonable Diligence to Obtain Biological Material for Test.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court shall require the prosecuting attorney to use reasonable diligence to determine whether biological material was collected from the crime scene or victim of the offense for which the offender is an eligible offender and is requesting the DNA testing against which a sample from the offender can be compared and whether the parent sample of that biological material still exists at that point in time. In using reasonable diligence to make those determinations, the prosecuting attorney shall rely upon all relevant sources, including, but not limited to, all of the following:
(1) All prosecuting authorities in the case in which the offender was convicted of the offense for which the offender is an eligible offender and is requesting the DNA testing and in the appeals of, and postconviction proceedings related to, that case;
(2) All law enforcement authorities involved in the investigation of the offense for which the offender is an eligible offender and is requesting the DNA testing;
(3) All custodial agencies involved at any time with the biological material in question;
(4) The custodian of all custodial agencies described in division (A)(3) of this section;
(5) All crime laboratories involved at any time with the biological material in question;
(6) All other reasonable sources.
(B) The prosecuting attorney shall prepare a report that contains the prosecuting attorney's determinations made under division (A) of this section and shall file a copy of the report with the court and provide a copy to the eligible offender and the attorney general.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.76 | Prosecutor to Consult With Testing Authority.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court shall require the prosecuting attorney to consult with the testing authority and to prepare findings regarding the quantity and quality of the parent sample of the biological material collected from the crime scene or victim of the offense for which the offender is an eligible offender and is requesting the DNA testing and that is to be tested, and of the chain of custody and reliability regarding that parent sample, as follows:
(A) The testing authority shall determine whether there is a scientifically sufficient quantity of the parent sample to test and whether the parent sample is so minute or fragile that there is a substantial risk that the parent sample could be destroyed in testing. The testing authority may determine that there is not a sufficient quantity to test in order to preserve the state's ability to present in the future the original evidence presented at trial, if another trial is required. Upon making its determination under this division, the testing authority shall prepare a written document that contains its determination and the reasoning and rationale for that determination and shall provide a copy to the court, the eligible offender, the prosecuting attorney, and the attorney general. The court may determine in its discretion, on a case-by-case basis, that, even if the parent sample of the biological material so collected is so minute or fragile as to risk destruction of the parent sample by the extraction, the application should not be rejected solely on the basis of that risk.
(B) The testing authority shall determine whether the parent sample has degraded or been contaminated to the extent that it has become scientifically unsuitable for testing and whether the parent sample otherwise has been preserved, and remains, in a condition that is suitable for testing. Upon making its determination under this division, the testing authority shall prepare a written document that contains its determination and the reasoning and rationale for that determination and shall provide a copy to the court, the eligible offender, the prosecuting attorney, and the attorney general.
(C) The court shall determine, from the chain of custody of the parent sample of the biological material to be tested and of any test sample extracted from the parent sample and from the totality of circumstances involved, whether the parent sample and the extracted test sample are the same sample as collected and whether there is any reason to believe that they have been out of state custody or have been tampered with or contaminated since they were collected. Upon making its determination under this division, the court shall prepare and retain a written document that contains its determination and the reasoning and rationale for that determination.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.77 | Chain of Custody.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, the court shall require that the chain of custody remain intact and that all of the applicable following precautions are satisfied to ensure that the parent sample of the biological material collected from the crime scene or the victim of the offense for which the offender is an eligible offender and requested the DNA testing, and the test sample of the parent sample that is extracted and actually is to be tested, are not contaminated during transport or the testing process:
(1) The court shall require that the chain of custody be maintained and documented relative to the parent sample and the test sample actually to be tested between the time they are removed from their place of storage or the time of their extraction to the time at which the DNA testing will be performed.
(2) The court, the testing authority, and the law enforcement and prosecutorial personnel involved in the process, or any combination of those entities and persons, shall coordinate the transport of the parent sample and the test sample actually to be tested between their place of storage and the place where the DNA testing will be performed, and the court and testing authority shall document the transport procedures so used.
(3) The testing authority shall determine and document the custodian of the parent sample and the test sample actually to be tested after they are in the possession of the testing authority.
(4) The testing authority shall maintain and preserve the parent sample and the test sample actually to be tested after they are in the possession of the testing authority and shall document the maintenance and preservation procedures used.
(5) After the DNA testing, the court, the testing authority, and the original custodial agency of the parent sample, or any combination of those entities, shall coordinate the return of the remaining parent sample back to its place of storage with the original custodial agency or to any other place determined in accordance with this division and section 2953.81 of the Revised Code. The court shall determine, in consultation with the testing authority, the custodial agency to maintain any newly created, extracted, or collected DNA material resulting from the testing. The court and testing authority shall document the return procedures for original materials and for any newly created, extracted, or collected DNA material resulting from the testing, and also the custodial agency to which those materials should be taken.
(B) A court or testing authority shall provide the documentation required under division (A) of this section in writing and shall maintain that documentation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.78 | Selection of Testing Authority.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing. A court shall not select or use a testing authority for DNA testing unless the attorney general approves or designates the testing authority pursuant to division (C) of this section and unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code.
(B) If a court selects a testing authority pursuant to division (A) of this section and the eligible offender for whom the test is to be performed objects to the use of the selected testing authority, the court shall rescind its prior acceptance of the application for DNA testing for the offender and deny the application. An objection as described in this division, and the resulting rescission and denial, do not preclude a court from accepting in the court's discretion, a subsequent application by the same eligible offender requesting DNA testing.
(C) The attorney general shall approve or designate testing authorities that may be selected and used to conduct DNA testing, shall prepare a list of the approved or designated testing authorities, and shall provide copies of the list to all courts of common pleas. The attorney general shall update the list as appropriate to reflect changes in the approved or designated testing authorities and shall provide copies of the updated list to all courts of common pleas. The attorney general shall not approve or designate a testing authority under this division unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code. A testing authority that is equipped to handle advanced DNA testing may be approved or designated under this division, provided it satisfies the criteria set forth in that section.
(D) The attorney general's approval or designation of testing authorities under division (C) of this section, and the selection and use of any approved or designated testing authority, do not afford an offender any right to subsequently challenge the approval, designation, selection, or use, and an offender may not appeal to any court the approval, designation, selection, or use of a testing authority.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.80 | Criteria for Testing Authority.

Effective:
July 11, 2006
Latest Legislation:
Senate Bill 262 - 126th General Assembly
(A) The attorney general shall not approve or designate a testing authority for conducting DNA testing under section 2953.78 of the Revised Code, and a court shall not select or use a testing authority for DNA testing under that section, unless the testing authority satisfies all of the following criteria:
(1) It is in compliance with nationally accepted quality assurance standards for forensic DNA testing or advanced DNA testing, as published in the quality assurance standards for forensic DNA testing laboratories issued by the director of the federal bureau of investigation.
(2) It undergoes an annual internal or external audit for quality assurance in conformity with the standards identified in division (A)(1) of this section.
(3) At least once in the preceding two-year period, and at least once each two-year period thereafter, it undergoes an external audit for quality assurance in conformity with the standards identified in division (A)(1) of this section.
(B) As used in division (A) of this section:
(1) "External audit" means a quality assurance review of a testing authority that is conducted by a forensic DNA testing agency outside of, and not affiliated with, the testing authority.
(2) "Internal audit" means an internal review of a testing authority that is conducted by the testing authority itself.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.83 | Rules of Criminal Procedure Applicable.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
In any court proceeding under sections 2953.71 to 2953.81 of the Revised Code, the Rules of Criminal Procedure apply, except to the extent that sections 2953.71 to 2953.81 of the Revised Code provide a different procedure or to the extent that the Rules would by their nature be clearly inapplicable.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2953 | Appeals; Other Postconviction Remedies › Section 2953.84 | Statutory Post-Conviction DNA Testing Not Exclusive.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
The provisions of sections 2953.71 to 2953.81 of the Revised Code by which an offender may obtain postconviction DNA testing are not the exclusive means by which an offender may obtain postconviction DNA testing, and the provisions of those sections do not limit or affect any other means by which an offender may obtain postconviction DNA testing.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2961 | Disfranchised Convicts; Habitual Criminals › Section 2961.01 | Forfeiture of Rights and Privileges by Convicted Felons.

Effective:
September 30, 2008
Latest Legislation:
House Bill 195 - 127th General Assembly
(A)(1) A person who pleads guilty to a felony under the laws of this or any other state or the United States and whose plea is accepted by the court or a person against whom a verdict or finding of guilt for committing a felony under any law of that type is returned, unless the plea, verdict, or finding is reversed or annulled, is incompetent to be an elector or juror or to hold an office of honor, trust, or profit.
(2) When any person who under division (A)(1) of this section is incompetent to be an elector or juror or to hold an office of honor, trust, or profit is granted parole, judicial release, or a conditional pardon or is released under a non-jail community control sanction or a post-release control sanction, the person is competent to be an elector during the period of community control, parole, post-release control, or release or until the conditions of the pardon have been performed or have transpired and is competent to be an elector thereafter following final discharge. The full pardon of a person who under division (A)(1) of this section is incompetent to be an elector or juror or to hold an office of honor, trust, or profit restores the rights and privileges so forfeited under division (A)(1) of this section, but a pardon shall not release the person from the costs of a conviction in this state, unless so specified.
(B) A person who pleads guilty to a felony under laws of this state or any other state or the United States and whose plea is accepted by the court or a person against whom a verdict or finding of guilt for committing a felony under any law of that type is returned is incompetent to circulate or serve as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition.
(C) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Non-jail community control sanction" means a community control sanction that is neither a term in a community-based correctional facility nor a term in a jail.
(3) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2961 | Disfranchised Convicts; Habitual Criminals › Section 2961.02 | Person Convicted of Certain Offenses May Not Serve as Public Official or Employee.

Effective:
September 30, 2008
Latest Legislation:
House Bill 195 - 127th General Assembly
(A) As used in this section:
(1) "Disqualifying offense" means an offense that has both of the following characteristics:
(a) It is one of the following:
(i) A theft offense that is a felony;
(ii) A felony under the laws of this state, another state, or the United States, that is not covered by division (A)(1)(a)(i) of this section and that involves fraud, deceit, or theft.
(b) It is an offense for which the laws of this state, another state, or the United States do not otherwise contain a provision specifying permanent disqualification, or disqualification for a specified period, from holding a public office or position of public employment, or from serving as an unpaid volunteer, as a result of conviction of the offense, including, but not limited to, a provision such as that in division (C)(1) of section 2921.41 of the Revised Code.
(2) "Political subdivision" has the same meaning as in section 2744.01 of the Revised Code.
(3) "Private entity" includes an individual, corporation, limited liability company, business trust, estate, trust, partnership, or association that receives any funds from a state agency or political subdivision to perform an activity on behalf of the state agency or political subdivision.
(4) "State agency" has the same meaning as in section 1.60 of the Revised Code.
(5) "Theft offense" has the same meaning as in section 2913.01 of the Revised Code.
(6) "Volunteer" means a person who serves as a volunteer without compensation with a state agency or political subdivision or who serves as a volunteer without compensation with a private entity, including, but not limited to, an uncompensated auxiliary police officer, auxiliary deputy sheriff, or volunteer firefighter.
(B) Any person who pleads guilty to a disqualifying offense and whose plea is accepted by the court or any person against whom a verdict or finding of guilt for committing a disqualifying offense is returned is incompetent to hold a public office or position of public employment or to serve as a volunteer, if holding the public office or position of public employment or serving as the volunteer involves substantial management or control over the property of a state agency, political subdivision, or private entity.
(C) Division (B) of this section does not apply if a plea, verdict, or finding of the type described in that division regarding a disqualifying offense is reversed, expunged, or annulled. The full pardon of a person who has pleaded guilty to a disqualifying offense and whose plea was accepted by the court or a person against whom a verdict or finding of guilt for committing a disqualifying offense was returned restores the privileges forfeited under division (B) of this section, but the pardon does not release the person from the costs of the person's conviction in this state, unless so specified.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2961 | Disfranchised Convicts; Habitual Criminals › Section 2961.03 | Revocation and Cancellation of License Upon Conviction of Certain Crimes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever a person engaged in business as a secondhand dealer, junk dealer, transient dealer, peddler, itinerant vendor, or pawnbroker, under a license issued under any law of this state or under any ordinance of a municipal corporation, is convicted and sentenced for knowingly and fraudulently buying, receiving, or concealing goods or property which has been stolen, taken by robbers, embezzled, or obtained by false pretenses, such judgment of conviction, in addition to the other penalties provided by law for such offense, acts as a cancellation and revocation of such license to conduct such business, and the court in which such conviction was had shall forthwith certify to the authority which issued such license, the fact of such conviction. A person who has been so convicted and whose license has been canceled or revoked, shall not again be licensed to engage in such business, or any of the businesses enumerated in this section, unless such person is pardoned by the governor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2961 | Disfranchised Convicts; Habitual Criminals › Section 2961.24 | Rules and Regulations.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
The department of rehabilitation and correction shall adopt rules that specify standards and criteria for the revocation of a certificate of achievement and employability issued under section 2961.22 of the Revised Code. The rules shall require revocation of a certificate that has been issued to a person if the person is convicted of or pleads guilty to any offense other than a minor misdemeanor or a traffic offense. The rules shall not provide for revocation of a certificate that has been issued to a person based on a violation of a condition of conditional pardon, parole, other form of authorized release, transitional control, or post-release control under section 2967.15 of the Revised Code that is not also a criminal offense under any other section of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.01 | Extradition Definitions.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
As used in sections 2963.01 to 2963.27 of the Revised Code:
(A) "Governor" includes any person performing the functions of governor by authority of the law of this state.
(B) "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state.
(C) "State," referring to a state other than this state, includes any state or territory, organized or unorganized, of the United States.
(D) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(E) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.02 | Arrest and Deliverance of Fugitives From Justice.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Subject to sections 2963.01 to 2963.27, inclusive, of the Revised Code, the constitution of the United States and all acts of congress enacted in pursuance thereof, the governor shall have arrested and delivered to the executive authority of any other state of the United States, any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.03 | Recognition of Demand for Extradition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless the demand is in writing alleging, except in cases arising under section 2963.06 of the Revised Code, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and unless the demand is accompanied by:
(A) A copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon;
(B) A copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state. The copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.04 | Investigation of Demand for Extradition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether such person ought to be surrendered.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.05 | Extradition of Imprisoned Person.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The governor may also surrender, on demand of the executive authority of any other state, any person in this state who is charged under section 2963.21 of the Revised Code with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. This section shall be carried out by conforming to the procedure outlined in sections 2963.01 to 2963.27, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.06 | Surrender Where Accused Was Not in Other State at Time of Commission of Crime, and Has Not Fled Therefrom.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The governor may surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 2963.03 of the Revised Code with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and sections 2963.01 to 2963.27, inclusive, of the Revised Code, apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.07 | Complying With Demand for Extradition - Warrant for Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the governor decides that a demand for extradition should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any peace officer or other person whom the governor finds fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to sections 2963.01 to 2963.27, inclusive, of the Revised Code, to the authorized agent of the demanding state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.08 | Authority to Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every peace officer or other person empowered to make an arrest under section 2963.07 of the Revised Code has the same authority, in arresting the accused, to command assistance therein as peace officers have in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.09 | Extradition Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person arrested upon a warrant under section 2963.07 of the Revised Code shall be delivered to the agent whom the executive authority demanding him appointed to receive him unless such person is first taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. If the prisoner or his counsel desires to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
Whoever violates this section by willfully delivering a person arrested upon the governor's warrant to an agent for extradition of the demanding state before a hearing, shall be fined not more than one thousand dollars or imprisoned not more than six months, or both.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.10 | Confinement of Prisoner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A peace officer or other person executing a warrant of arrest issued by the governor, or an agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass.
The officer or agent of a demanding state to whom a prisoner has been delivered following extradition proceedings in another state, or to whom a prisoner has been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass. Such officer or agent shall produce and show to the keeper of such jail his warrant and other written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner may not demand a new requisition while in this state.
The keeper of such jail must receive and safely keep a prisoner delivered to him under this section, until the officer or agent having charge of him is ready to proceed on his route. Such officer or agent is chargeable with the expense of such keeping.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.11 | Fugitives From Justice.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
When, on the oath of a credible person before any judge or magistrate of this state, any person within this state is charged with the commission of any crime in any other state and with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of the person's bail or parole or violated the conditions of a community control sanction or post-release control sanction, or whenever complaint has been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in the other state and that the accused has been charged in that state with the commission of the crime, and has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of bail, probation, or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer, commanding the peace officer to apprehend the person named in the warrant, wherever the person may be found in this state, and to bring the person before the same or any other judge, magistrate, or court that may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and upon which the warrant is issued shall be attached to the warrant.
This section does not apply to cases arising under section 2963.06 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.12 | Conditions for Arrest Without Warrant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An arrest may be made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of any state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest, as provided in section 2963.11 of the Revised Code. Thereafter his answer shall be heard as if he had been arrested on a warrant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.13 | Confining Fugitive Pending Demand for Extradition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If from the examination before the judge or magistrate it appears that the person held under section 2963.11 or 2963.12 of the Revised Code is the person charged with having committed the crime alleged and that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not to exceed thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused furnishes bail or until he is legally discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.14 | Bail by Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Unless the offense with which the prisoner is charged under sections 2963.11 and 2963.12 of the Revised Code is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties and in such sum as he deems proper, conditioned for his appearance before said judge or magistrate at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.15 | Discharge or Recommitment of Accused Fugitive.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the accused mentioned in section 2963.14 of the Revised Code is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate may again take bail for his appearance and surrender , under said section, but within a period not to exceed sixty days after the date of such new bond.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.16 | Bond Forfeiture.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a prisoner admitted to bail under section 2963.14 of the Revised Code fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.17 | Pending Criminal Prosecution in This State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a criminal prosecution has been instituted under the laws of this state against a person sought by another state under sections 2963.01 to 2963.27, inclusive, of the Revised Code, and is still pending, the governor may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.18 | Guilt or Innocence of Accused Not an Issue in Extradition Proceeding.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after a demand for extradition accompanied by a charge of crime under section 2963.03 of the Revised Code has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.19 | Recall of Warrant of Arrest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The governor may recall his warrant of arrest issued under section 2963.07 of the Revised Code or may issue another warrant whenever he thinks is proper.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.20 | Governor Demand Fugitive From This State.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
Whenever the governor demands a person charged with crime, with escaping from confinement, or with breaking the terms of the person's bail or parole in this state or violating the conditions of a community control sanction or post-release control sanction imposed in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive that demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to an agent, commanding the agent to receive the person so charged and convey that person to the proper officer of the county in which the offense was committed.