reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.35 | Papers the Jury May Take.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon retiring for deliberation, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs, and maps which have been offered in evidence. No article or paper identified but not admitted in evidence shall be taken by the jury upon its retirement.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.36 | For What Cause Jury May Be Discharged.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The trial court may discharge a jury without prejudice to the prosecution:
(A) For the sickness or corruption of a juror or other accident or calamity;
(B) Because there is no probability of such jurors agreeing;
(C) If it appears after the jury has been sworn that one of the jurors is a witness in the case;
(D) By the consent of the prosecuting attorney and the defendant.
The reason for such discharge shall be entered on the journal.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.391 | Not Guilty by Reason of Insanity Finding.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 285 - 121st General Assembly
For purposes of sections 2945.371, 2945.40, 2945.401, and 2945.402 and Chapters 5122. and 5123. of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain from doing the person's act or acts, does not constitute a defense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 285 - 121st General Assembly
(A) The declarations set forth in division (A) of section 2901.06 of the Revised Code apply in relation to this section.
(B) If a defendant is charged with an offense involving the use of force against another and the defendant enters a plea to the charge of not guilty by reason of insanity, the defendant may introduce expert testimony of the "battered woman syndrome" and expert testimony that the defendant suffered from that syndrome as evidence to establish the requisite impairment of the defendant's reason, at the time of the commission of the offense, that is necessary for a finding that the defendant is not guilty by reason of insanity. The introduction of any expert testimony under this division shall be in accordance with the Ohio Rules of Evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.42 | Competency of Witnesses.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
No person is disqualified as a witness in a criminal prosecution by reason of the person's interest in the prosecution as a party or otherwise or by reason of the person's conviction of crime. Husband and wife are competent witnesses to testify in behalf of each other in all criminal prosecutions and to testify against each other in all actions, prosecutions, and proceedings for personal injury of either by the other, bigamy, or failure to provide for, neglect of, or cruelty to their children under eighteen years of age or their child with a mental or physical disability under twenty-one years of age. A spouse may testify against his or her spouse in a prosecution under a provision of sections 2903.11 to 2903.13, 2919.21, 2919.22, or 2919.25 of the Revised Code for cruelty to, neglect of, or abandonment of such spouse, in a prosecution against his or her spouse under section 2903.211 or 2911.211, of the Revised Code for the commission of the offense against the spouse who is testifying, in a prosecution under section 2919.27 of the Revised Code involving a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code for the commission of the offense against the spouse who is testifying, or in a prosecution under section 2907.02 of the Revised Code for the commission of rape or under former section 2907.12 of the Revised Code for felonious sexual penetration against such spouse in a case in which the offense can be committed against a spouse. Such interest, conviction, or relationship may be shown for the purpose of affecting the credibility of the witness. Husband or wife shall not testify concerning a communication made by one to the other, or act done by either in the presence of the other, during coverture, unless the communication was made or act done in the known presence or hearing of a third person competent to be a witness, or in case of personal injury by either the husband or wife to the other, or rape or the former offense of felonious sexual penetration in a case in which the offense can be committed against a spouse, or bigamy, or failure to provide for, or neglect or cruelty of either to their children under eighteen years of age or their child with a mental or physical disability under twenty-one years of age, violation of a protection order or consent agreement, or neglect or abandonment of a spouse under a provision of those sections. The presence or whereabouts of the husband or wife is not an act under this section. The rule is the same if the marital relation has ceased to exist.
Last updated February 13, 2023 at 3:05 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.43 | Defendant May Testify.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise. The failure of such person to testify may be considered by the court and jury and may be made the subject of comment by counsel.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.44 | Witnesses Turning State's Evidence.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
(A) In any criminal proceeding in this state or in any criminal or civil proceeding brought pursuant to Chapter 2981. of the Revised Code, if a witness refuses to answer or produce information on the basis of the witness's privilege against self-incrimination, the court of common pleas of the county in which the proceeding is being held, unless it finds that to do so would not further the administration of justice, shall compel the witness to answer or produce the information, if both of the following apply:
(1) The prosecuting attorney of the county in which the proceedings are being held makes a written request to the court of common pleas to order the witness to answer or produce the information, notwithstanding the witness's claim of privilege;
(2) The court of common pleas informs the witness that by answering, or producing the information the witness will receive immunity under division (B) of this section.
(B) If, but for this section, the witness would have been privileged to withhold an answer or any information given in any criminal proceeding, and the witness complies with an order under division (A) of this section compelling the witness to give an answer or produce any information, the witness shall not be prosecuted or subjected to any criminal penalty in the courts of this state for or on account of any transaction or matter concerning which, in compliance with the order, the witness gave an answer or produced any information.
(C) A witness granted immunity under this section may be subjected to a criminal penalty for any violation of section 2921.11, 2921.12, or 2921.13 of the Revised Code, or for contempt committed in answering, failing to answer, or failing to produce information in compliance with the order.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.45 | Subpoenas to Issue to Any County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all criminal cases, the clerk of the court of common pleas, upon a praecipe being filed, shall issue writs of subpoena for the witnesses names therein, directed to the sheriff of such county, or the county where such witnesses reside or are found, which shall be served and returned as in other cases. Such sheriff, by writing indorsed on the writs, may depute a disinterested person to serve and return them. The person so deputed to serve such subpoenas shall make a return of the service made, and make oath thereto before a person competent to administer oaths, which shall be indorsed on the writ. The return may be forwarded through the post office, or otherwise.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.451 | Employer May Not Penalize Employee for Being Subpoenaed to Criminal Proceeding.

Effective:
September 26, 1984
Latest Legislation:
Senate Bill 172 - 115th General Assembly
No employer shall discharge or terminate from employment, threaten to discharge or terminate from employment, or otherwise punish or penalize any employee because of time lost from regular employment as a result of the employee's attendance at any proceeding in a criminal case pursuant to a subpoena. This section generally does not require and shall not be construed to require an employer to pay an employee for time lost as a result of attendance at any criminal proceeding. However, if an employee is subpoenaed to appear at a criminal proceeding and the proceeding pertains to an offense against the employer or an offense involving the employee during the course of his employment, the employer shall not decrease or withhold the employee's pay for any time lost as a result of compliance with the subpoena. Any employer who knowingly violates this section is in contempt of court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.46 | Attendance of Witness Enforced.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Civil procedure relative to compelling the attendance and testimony of witnesses, their examination, the administering of oaths and affirmations, and proceedings for contempt to enforce the remedies and protect the rights of parties, extend to criminal cases as far as applicable.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.48 | Witness May Be Placed in Jail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a witness mentioned in section 2945.47 of the Revised Code is in attendance upon a court he may be placed in the jail of the county. The expenses of the officer in transporting him to and from such court, including compensation for the guard or attendant of such prisoner not exceeding the per diem salary of such guard for the time he is away from said institution, shall be allowed by the court and taxed and paid as other costs against the state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.50 | Application for Deposition in Criminal Cases.

Effective:
October 13, 1965
Latest Legislation:
House Bill 153 - 106th General Assembly
At any time after an issue of fact is joined upon an indictment, information, or an affidavit, the prosecution or the defendant may apply in writing to the court in which such indictment, information, or affidavit is pending for a commission to take the depositions of any witness. The court or a judge thereof may grant such commission and make an order stating in what manner and for what length of time notice shall be given to the prosecution or to the defendant, before such witness shall be examined.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.51 | When Imprisoned Defendant May Be Taken to Deposition - Expenses.

Effective:
October 13, 1965
Latest Legislation:
House Bill 153 - 106th General Assembly
When a deposition is to be taken in this state, and a commission is granted under section 2945.50 of the Revised Code while the defendant is confined in jail, the sheriff or deputy or other person having custody of the defendant shall be ordered by the court to take the defendant to the place of the taking of the deposition, and have him before the officer at the time of taking such deposition. Such sheriff or deputy or other person having custody of the defendant shall be reimbursed for actual reasonable traveling expenses for himself and the defendant, the bills for the same, upon the approval of the board of county commissioners, to be paid from the county treasury on the warrant of the county auditor. Such sheriff shall receive as fees therefor, one dollar for each day in attendance thereat. Such fees and traveling expenses shall be taxed and collected as other fees and costs in the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.52 | Counsel Appointed Shall Represent the Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Counsel assigned by the court to represent the defendant may attend upon and represent the defendant at the taking of a deposition under section 2945.50 of the Revised Code, and said counsel shall be paid a reasonable fee for his services in taking such deposition, in addition to the compensation allowed for defending such defendant, to be fixed by the court. He shall also be allowed his actual expenses incurred in going to and from the place of taking the deposition.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.53 | Right of Accused to Examine Witness.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all cases in which depositions are taken by the state or the accused, to be used by or against the accused, as provided in sections 2945.50 to 2945.52, inclusive, of the Revised Code, the court shall by proper order provide and secure to the accused the means and opportunity to be present in person and with counsel at the taking of such deposition, and to examine the witness face to face, as fully and in the same manner as if in court. All expenses necessarily incurred in the securing of such means and opportunity, and the expenses of the prosecuting attorney in attending the taking of such deposition, shall be paid out of the county treasury upon the certificate of the court making such order.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.54 | Conduct of Examination.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The examination of witnesses by deposition in criminal cases shall be taken and certified, and the return thereof to the court made as for taking depositions under sections 2319.05 to 2319.31, inclusive, of the Revised Code. The commissioners appointed under section 2945.50 of the Revised Code to take depositions shall receive such compensation as the court directs, to be paid out of the county treasury and taxed as part of the costs in the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.55 | Testimony of Previous Identification.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When identification of the defendant is an issue, a witness who has on previous occasion identified such person may testify to such previous identification. Such identification may be proved by other witnesses.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.56 | Rebuttal of Defendant's Character Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the defendant offers evidence of his character or reputation, the prosecution may offer, in rebuttal thereof, proof of his previous conviction of a crime involving moral turpitude, in addition to other competent evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.57 | Number of Witnesses to Character.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The number of witnesses who are expected to testify upon the subject of character or reputation, for whom subpoenas are issued, shall be designated upon the praecipe and, except in cases of murder in the first and second degree, manslaughter, rape, assault with intent to commit rape, or selling intoxicating liquor to a person in the habit of becoming intoxicated, shall not exceed ten upon each side, unless a deposit of at least one per diem and mileage fee for each of such additional witnesses is first made with the clerk of the court of common pleas. Not more than ten witnesses upon each side shall be permitted to testify upon the question of character or reputation in a criminal cause unless their full per diem and mileage fees have been deposited or paid by the party in whose behalf they are sworn, and the clerk shall not issue a certificate for compensation to be paid out of the county treasury to a witness who has testified upon the subject of character or reputation, except as provided in this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.58 | Alibi.

Effective:
September 14, 2016
Latest Legislation:
House Bill 123 - 131st General Assembly
Whenever a defendant in a criminal cause proposes to offer in the defendant's defense, testimony to establish an alibi on the defendant's behalf, such defendant shall, not less than seven days before the trial of such cause, file and serve upon the prosecuting attorney a notice in writing of the defendant's intention to claim such alibi. Notice shall include specific information as to the place at which the defendant claims to have been at the time of the alleged offense. If the defendant fails to file such written notice, the court may exclude evidence offered by the defendant for the purpose of proving such alibi.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.59 | Proof of Defendant's Motive.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any criminal case in which the defendant's motive or intent, the absence of mistake or accident on his part, or the defendant's scheme, plan, or system in doing an act is material, any acts of the defendant which tend to show his motive or intent, the absence of mistake or accident on his part, or the defendant's scheme, plan, or system in doing the act in question may be proved, whether they are contemporaneous with or prior or subsequent thereto, notwithstanding that such proof may show or tend to show the commission of another crime by the defendant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.63 | Child Pornography Offered as Evidence; Custody.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
(A) As used in this section:
(1) "Child pornography" means any obscene material involving a juvenile, any sexually oriented matter involving a juvenile, or any material that is harmful to juveniles.
(2) "Juvenile," "harmful to juveniles," "material," and "performance" have the same meanings as in section 2907.01 of the Revised Code.
(3) "Sexually oriented matter" has the same meaning as in section 2919.22 of the Revised Code.
(B) Any child pornography that is offered as evidence or that comes into the custody or control of the prosecutor or the court shall remain in the custody or control of the prosecutor or the court.
(C) Notwithstanding Rule 16 of the Rules of Criminal Procedure, the court in a criminal proceeding shall deny any request by the defendant to photocopy, photograph, or otherwise reproduce any child pornography if the prosecutor gives the defendant, the defendant's attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial ample opportunity to examine the child pornography at the place where the prosecutor or the court is holding the child pornography.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.64 | Embezzlement Prima-Facie Evidence.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
Failure or refusal to pay over or produce public money by a person charged with the collection, receipt, transfer, disbursement, or safekeeping of such money, whether belonging to this state, a county, township, municipal corporation, or board of education, or other public money, or to account to or make settlement with a legal authority of the official accounts of such person, is prima-facie evidence of the embezzlement thereof. Upon the trial of such person for the embezzlement of public money, it is sufficient evidence for the purpose of showing a balance against him, to produce a transcript from the records of the auditor of state, director of budget and management, county auditor, or board of county commissioners. The refusal of such person, whether in or out of office, to pay a draft, order, or warrant drawn upon him by an authorized officer, for public money in his hands, or a refusal by a person promptly to pay over to his successor public money or securities on the legal requirement of an authorized officer of the state or county, on the trial of an indictment against him for embezzlement, is prima-facie evidence thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.65 | Evidence Obtained as Part of Test to Determine Pregnancy.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
Evidence of the use of a controlled substance obtained as part of a screening or test performed to determine pregnancy or provide prenatal care is not admissible in a criminal proceeding against the woman who was screened or tested. This section does not prohibit criminal prosecution based on evidence obtained through methods other than the screening or testing described in this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.67 | Appeal by State by Leave of Court.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter of right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case or of the juvenile court in a delinquency case. In addition to any other right to appeal under this section or any other provision of law, a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general may appeal, in accordance with section 2953.08 of the Revised Code, a sentence imposed upon a person who is convicted of or pleads guilty to a felony.
(B) In any proceeding brought pursuant to division (A) of this section, the court, in accordance with Chapter 120. of the Revised Code, shall appoint the county public defender, joint county public defender, or other counsel to represent any person who is indigent, is not represented by counsel, and does not waive the person's right to counsel.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.71 | Time for Trial.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the person's arrest or the service of summons.
(B) Subject to division (D) of this section, a person against whom a charge of misdemeanor, other than a minor misdemeanor, is pending in a court of record, shall be brought to trial as follows:
(1) Within forty-five days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than sixty days;
(2) Within ninety days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days.
(C) A person against whom a charge of felony is pending:
(1) Notwithstanding any provisions to the contrary in Criminal Rule 5(B), shall be accorded a preliminary hearing within fifteen consecutive days after the person's arrest if the accused is not held in jail in lieu of bail on the pending charge or within ten consecutive days after the person's arrest if the accused is held in jail in lieu of bail on the pending charge;
(2) Except as provided in division (C) of section 2945.73 of the Revised Code, shall be brought to trial within two hundred seventy days after the person's arrest.
(D) A person against whom one or more charges of different degrees, whether felonies, misdemeanors, or combinations of felonies and misdemeanors, all of which arose out of the same act or transaction, are pending shall be brought to trial on all of the charges within the time period required for the highest degree of offense charged, as determined under divisions (A), (B), and (C) of this section.
(E) For purposes of computing time under divisions (A), (B), (C)(2), and (D) of this section, each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days. This division does not apply for purposes of computing time under division (C)(1) of this section or for purposes of computing the fourteen-day period specified in section 2945.73 of the Revised Code.
(F) This section shall not be construed to modify in any way section 2941.401 or sections 2963.30 to 2963.35 of the Revised Code.
Last updated March 8, 2023 at 11:39 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.72 | Extending Time for Hearing or Trial.

Effective:
April 6, 2023
Latest Legislation:
House Bill 343 - 134th General Assembly
The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be extended only by the following:
(A) Any period during which the accused is unavailable for hearing or trial, by reason of other criminal proceedings against the accused, within or outside the state, by reason of confinement in another state, or by reason of the pendency of extradition proceedings, provided that the prosecution exercises reasonable diligence to secure availability of the accused;
(B) Any period during which the accused is mentally incompetent to stand trial or during which the accused's mental competence to stand trial is being determined, or any period during which the accused is physically incapable of standing trial;
(C) Any period of delay necessitated by the accused's lack of counsel, provided that such delay is not occasioned by any lack of diligence in providing counsel to an indigent accused upon the accused's request as required by law;
(D) Any period of delay occasioned by the neglect or improper act of the accused;
(E) Any period of delay necessitated by reason of a plea in bar or abatement, motion, proceeding, or action made or instituted by the accused;
(F) Any period of delay necessitated by a removal or change of venue pursuant to law;
(G) Any period during which trial is stayed pursuant to an express statutory requirement, or pursuant to an order of another court competent to issue such order;
(H) The period of any continuance granted on the accused's own motion, and the period of any reasonable continuance granted other than upon the accused's own motion;
(I) Any period during which an appeal filed pursuant to section 2945.67 of the Revised Code is pending;
(J) Any period during which an appeal or petition for a writ filed pursuant to section 2930.19 of the Revised Code is pending.
Last updated March 9, 2023 at 4:01 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.73 | Delay in Hearing or Trial.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) A charge of felony shall be dismissed if the accused is not accorded a preliminary hearing within the time required by sections 2945.71 and 2945.72 of the Revised Code. Such a dismissal has the same effect as a nolle prosequi.
(B)(1) Upon motion made at or prior to the commencement of trial, a person charged with a misdemeanor shall be discharged if the person is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code. Such a discharge is a bar to any further criminal proceedings against the person based on the same conduct.
(2) Regardless of whether a longer time limit may be provided by sections 2945.71 and 2945.72 of the Revised Code, a person charged with misdemeanor shall be discharged if the person is held in jail in lieu of bond awaiting trial on the pending charge:
(a) For a total period equal to the maximum term of imprisonment which may be imposed for the most serious misdemeanor charged;
(b) For a total period equal to the term of imprisonment allowed in lieu of payment of the maximum fine which may be imposed for the most serious misdemeanor charged, when the offense or offenses charged constitute minor misdemeanors.
(3) A discharge under division (B)(2) of this section is a bar to any further criminal proceedings against the person based on the same conduct.
(C)(1) A person charged with a felony, who is not brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code, is eligible for release from detention. The court may release the person from any detention in connection with the charges pending trial and may impose any terms or conditions on the release that the court considers appropriate.
(2) Upon motion made at or before the commencement of trial, but not sooner than fourteen days before the day the person would become eligible for release pursuant to division (C)(1) of this section, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after the motion is filed and served on the prosecuting attorney. If no motion is filed, the charges shall be dismissed with prejudice unless the person is brought to trial on those charges within fourteen days after it is determined by the court that the time for trial required by sections 2945.71 and 2945.72 of the Revised Code has expired. If it is determined by the court that the time for trial required by sections 2945.71 and 2945.72 of the Revised Code has expired, no additional charges arising from the same facts and circumstances as the original charges may be added during the fourteen-day period specified under this division. The fourteen-day period specified under this division may be extended at the request of the accused or on account of the fault or misconduct of the accused.
Last updated March 8, 2023 at 11:40 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.74 | Defendant May Be Convicted of Lesser Offense.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The jury may find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is an offense at law. When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an inferior degree thereof or lesser included offense.
If the offense charged is murder and the accused is convicted by confession in open court, the court shall examine the witnesses, determine the degree of the crime, and pronounce sentence accordingly.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.75 | Degree of Offense - Proof of Prior Convictions.

Effective:
September 30, 2008
Latest Legislation:
Senate Bill 17 - 127th General Assembly
(A) When the presence of one or more additional elements makes an offense one of more serious degree:
(1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to have committed, or shall allege such additional element or elements. Otherwise, such affidavit, complaint, indictment, or information is effective to charge only the least degree of the offense.
(2) A guilty verdict shall state either the degree of the offense of which the offender is found guilty, or that such additional element or elements are present. Otherwise, a guilty verdict constitutes a finding of guilty of the least degree of the offense charged.
(B)(1) Whenever in any case it is necessary to prove a prior conviction, a certified copy of the entry of judgment in such prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the case at bar, is sufficient to prove such prior conviction.
(2) Whenever in any case it is necessary to prove a prior conviction of an offense for which the registrar of motor vehicles maintains a record, a certified copy of the record that shows the name, date of birth, and social security number of the accused is prima-facie evidence of the identity of the accused and prima-facie evidence of all prior convictions shown on the record. The accused may offer evidence to rebut the prima-facie evidence of the accused's identity and the evidence of prior convictions. Proof of a prior conviction of an offense for which the registrar maintains a record may also be proved as provided in division (B)(1) of this section.
(3) If the defendant claims a constitutional defect in any prior conviction, the defendant has the burden of proving the defect by a preponderance of the evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.77 | Polling Jury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the jurors agree upon their verdict, they must be conducted into court by the officer having them in charge.
Before the verdict is accepted, the jury may be polled at the request of either the prosecuting attorney or the defendant. If one of the jurors upon being polled declares that said verdict is not his verdict, the jury must further deliberate upon the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.79 | Causes for New Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A new trial, after a verdict of conviction, may be granted on the application of the defendant for any of the following causes affecting materially his substantial rights:
(A) Irregularity in the proceedings of the court, jury, prosecuting attorney, or the witnesses for the state, or for any order of the court, or abuse of discretion by which the defendant was prevented from having a fair trial;
(B) Misconduct of the jury, prosecuting attorney, or the witnesses for the state;
(C) Accident or surprise which ordinary prudence could not have guarded against;
(D) That the verdict is not sustained by sufficient evidence or is contrary to law; but if the evidence shows the defendant is not guilty of the degree of crime for which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding accordingly, without granting or ordering a new trial, and pass sentence on such verdict or finding as modified, provided that this power extends to any court to which the cause may be taken on appeal;
(E) Error of law occurring at the trial;
(F) When new evidence is discovered material to the defendant, which he could not with reasonable diligence have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing of said motion, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as under all the circumstances of the case is reasonable. The prosecuting attorney may produce affidavits or other evidence to impeach the affidavits of such witnesses.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.80 | Written Motion for New Trial.

Effective:
November 1, 1965
Latest Legislation:
Senate Bill 389 - 106th General Assembly
Application for a new trial shall be made by motion upon written grounds, and except for the cause of newly discovered evidence material for the person applying, which he could not with reasonable diligence have discovered and produced at the trial, shall be filed within three days after the verdict was rendered, or the decision of the court where a trial by jury has been waived, unless it is made to appear by clear and convincing proof that the defendant was unavoidably prevented from filing his motion for new trial in which case it shall be filed within three days from the order of the court finding that he was unavoidably prevented from filing such motion within the time provided herein.
Motions for new trial on account of newly discovered evidence shall be filed within one hundred twenty days following the day upon which the verdict was rendered, or the decision of the court where trial by jury has been waived. If it is made to appear by clear and convincing proof that the defendant was unavoidably prevented from the discovery of the evidence upon which he must rely, such motion shall be filed within three days from an order of the court finding that he was unavoidably prevented from discovering the evidence within the one hundred twenty day period.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.81 | Causes to Be Sustained by Affidavits.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The causes enumerated in divisions (B) and (C) of section 2945.79 of the Revised Code must be sustained by affidavit showing their truth, and may be controverted by affidavits.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.82 | New Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a new trial is granted by the trial court, or when a new trial is awarded on appeal, the accused shall stand for trial upon the indictment or information as though there had been no previous trial thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.83 | When New Trial Shall Not Be Granted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No motion for a new trial shall be granted or verdict set aside, nor shall any judgment of conviction be reversed in any court because of:
(A) An inaccuracy or imperfection in the indictment, information, or warrant, provided that the charge is sufficient to fairly and reasonably inform the accused of the nature and cause of the accusation against him;
(B) A variance between the allegations and the proof thereof unless the accused is misled or prejudiced thereby;
(C) The admission or rejection of any evidence offered against or for the accused unless it affirmatively appears on the record that the accused was or may have been prejudiced thereby;
(D) A misdirection of the jury unless the accused was or may have been prejudiced thereby;
(E) Any other cause unless it appears affirmatively from the record that the accused was prejudiced thereby or was prevented from having a fair trial.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 133 - 103rd General Assembly
A motion for a new trial is not a necessary prerequisite to obtain appellate review of the sufficiency or weight of the evidence in the trial of a criminal case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.01 | Judgment and Sentence Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2947. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.02 | Motion in Arrest of Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A judgment may be arrested by the court upon motion of the defendant, or upon the court's own motion, for either of the following causes:
(A) The offense charged is not within the jurisdiction of the court;
(B) The facts stated in the indictment or information do not constitute an offense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.03 | Defects - Time Limits.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A judgment shall not be arrested for a defect inform. Motions in arrest of judgment shall be made within three days after the verdict is rendered.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.04 | Effect of Arresting Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a judgment is arrested, it places the defendant in a like position with respect to the prosecution as before the indictment or information was found. If, from the evidence at the trial, there is reason to believe that the defendant is guilty of an offense, the trial court shall order him to enter into a recognizance with sufficient surety for his appearance at the first day of the next term of such court, or the court having jurisdiction of the offense if within this state, otherwise the defendant shall be discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.051 | Victim Impact Statement.

Effective:
April 6, 2023
Latest Legislation:
House Bill 343 - 134th General Assembly
(A) In all criminal cases in which a person is convicted of or pleads guilty to a felony, if the offender, in committing the offense, caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense, the court, prior to sentencing the offender, shall order the preparation of a victim impact statement by the department of probation of the county in which the victim of the offense resides, by the court's own regular probation officer, or by a victim assistance program that is operated by the state, any county or municipal corporation, or any other governmental entity. The court, in accordance with sections 2929.13 and 2929.19 of the Revised Code, shall consider the victim impact statement in determining the sentence to be imposed upon the offender.
(B) Each victim impact statement prepared under this section shall identify the victim of the offense, itemize any economic loss suffered by the victim as a result of the offense, identify any physical injury suffered by the victim as a result of the offense and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the offense and any psychological impact experienced by the victim or the victim's family as a result of the offense, and contain any other information related to the impact of the offense upon the victim that the court requires. Each victim impact statement prepared under this section shall include any statement made by the victim or the victim's representative pursuant to section 2930.13 of the Revised Code.
(C) A victim impact statement prepared under this section shall be kept confidential and is not a public record as defined in section 149.43 of the Revised Code. However, the court may furnish copies of the statement to both the defendant or the defendant's counsel and the prosecuting attorney. Immediately following the imposition of sentence upon the defendant, the defendant, the defendant's counsel, and the prosecuting attorney shall return to the court the copies of the victim impact statement that were made available to the defendant, the counsel, or the prosecuting attorney.
Last updated March 9, 2023 at 4:01 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.06 | Testimony in Mitigation - Presentence Investigation Report - Psychologist's or Psychiatrist's Reports.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A)(1) The trial court may hear testimony in mitigation of a sentence at the term of conviction or plea or at the next term. The prosecuting attorney may offer testimony on behalf of the state to give the court a true understanding of the case. The court shall determine whether sentence should immediately be imposed. The court on its own motion may direct the department of probation of the county in which the defendant resides, or its own regular probation officer, to make any inquiries and presentence investigation reports that the court requires concerning the defendant.
(2) The provisions of section 2951.03 of the Revised Code shall govern the preparation of, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of a presentence investigation report prepared pursuant to division (A)(1) of this section.
(B) The court may appoint not more than two psychologists or psychiatrists to make any reports concerning the defendant that the court requires for the purpose of determining the disposition of the case. Each psychologist or psychiatrist shall receive a fee to be fixed by the court and taxed in the costs of the case. The psychologist's or psychiatrist's reports shall be made in writing, in open court, and in the presence of the defendant, except in misdemeanor cases in which sentence may be pronounced in the absence of the defendant. A copy of each report of a psychologist or psychiatrist may be furnished to the defendant, if present, who may examine the persons making the report, under oath, as to any matter or thing contained in the report.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.07 | Pronouncing Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a convicted defendant does not show sufficient cause as to why judgment should not be pronounced, the court shall pronounce the judgment.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.08 | Time of Execution Where Death Sentence Imposed.

Effective:
August 10, 1965
Latest Legislation:
House Bill 24 - 106th General Assembly
In cases where the death sentence is imposed, at least one hundred twenty days shall intervene between the day of sentence and the day appointed for the execution thereof.