reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.02 | Grand Jury Selection and Composition.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Grand juries shall consist of fifteen persons who satisfy the qualifications of a juror specified in section 2313.17 of the Revised Code. Persons to serve as grand jurors in the court of common pleas of each county shall be selected from the persons whose names are contained in the annual jury list.
At the time of the selection of the persons who are to constitute the grand jury, the commissioners of jurors shall randomly draw from the annual jury list the names of not fewer than twenty-five persons. The first fifteen persons whose names are drawn shall constitute the grand jury, if they can be located and served by the sheriff, and if they are not excused by the court or a judge of the court. If any of the first fifteen persons whose names are so drawn are not located or are unable to serve and are for that reason excused by the court or by a judge of the court, whose duty it is to supervise the impaneling of the grand jury, the judge shall then designate the person whose name next appears on the list of persons drawn, to serve in the place of the person not found or excused and shall so continue to substitute the names of the persons drawn in the order in which they were drawn, to fill all vacancies resulting from persons not being found or having been excused by the court or the judge of the court, until the necessary fifteen persons are selected to make up the grand jury. If all of the names appearing on the list of persons drawn are exhausted before the grand jury is complete, the judge shall order the commissioners of jurors to draw such additional names as the judge determines, and shall proceed to fill the vacancies from those names in the order in which they are drawn.
The judge of the court of common pleas may select any person who satisfies the qualifications of a juror and whose name is not included in the annual jury list to preside as foreperson of the grand jury, in which event the grand jury shall consist of the foreperson so selected and fourteen additional grand jurors selected from the annual jury list.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.03 | Grand Juror Drawing, Notification, Exemptions.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Except for a foreperson selected by the judge of the court of common pleas under section 2939.02 of the Revised Code, a grand jury is drawn and notified in the same manner as other jurors are drawn and notified under Chapter 2313. of the Revised Code. Grand jurors so drawn and notified are not entitled to an exemption for any reason but may be excused from service or have their service postponed for the same reasons and in the same manner as other jurors under that chapter and not otherwise. Grand jurors are subject to the same fines and penalties for nonattendance and otherwise as are other jurors under that chapter. The duties and the powers of courts of common pleas, clerks of courts of common pleas, and commissioners of jurors in regard to grand jurors in all respects are the same as in regard to other jurors.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.031 | Additional or Alternate Jurors.

Effective:
October 14, 1953
Latest Legislation:
House Bill 112 - 100th General Assembly
When it appears to the judge impaneling a grand jury that the inquiry is likely to be protracted, or upon direction of the judge, an additional or alternate juror shall be selected in the same manner as the regular jurors in the inquiry are selected. The additional or alternate juror shall be sworn and seated near the jury, with equal opportunity for seeing and hearing the proceedings, shall attend the inquiry at all times and shall obey all orders and admonitions of the court or foreman. When the jurors are ordered kept together, the alternate juror shall be kept with them. The additional or alternate juror shall be liable as a regular juror for failure to attend the inquiry or to obey any order or admonition of the court or foreman. He shall receive the same compensation as other jurors, and except as provided in this section shall be discharged upon the final submission of the bill to the foreman.
If before the final submission of the bill to the jury, a juror dies or is discharged by the judge or foreman due to incapacity, absence, or disqualification of such juror, the additional or alternate juror, upon order of the judge or foreman, shall become one of the jury and serve in all respects as though selected as an original juror during the absence or incapacity of an original juror.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.04 | Compensation - Prohibition of Repeated Service in Same Term.

Effective:
April 16, 1998
Latest Legislation:
Senate Bill 69 - 122nd General Assembly
The compensation of grand jurors shall be fixed by resolution of the board of county commissioners, not to exceed forty dollars for each day's attendance, payable out of the county treasury. Except in counties of less than one hundred thousand population according to the last federal census, in which counties the judge of the court of common pleas shall make rules in the judge's own county applicable to subsequent grand juror and petit juror service, a person who has served as a grand juror at a term of court is prohibited from serving again, either as a grand juror or petit juror, in that jury year in which the service is rendered or in the next jury year. The person is entitled to a certificate of excuse or postponement in the same manner as a petit juror. The court of common pleas may order the drawing of a special jury to sit at any time public business requires it.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.06 | Oath or Affirmation of Grand Jurors.

Effective:
March 24, 2003
Latest Legislation:
Senate Bill 218 - 124th General Assembly
(A) When a grand jury is impaneled, the court of common pleas shall appoint one of the members of the grand jury as foreperson, and shall administer, or cause to be administered, to the jurors an oath in the following words to which the jurors shall respond "I do solemnly swear" or "I do solemnly affirm":
"Do you solemnly swear or affirm that you will diligently inquire into and carefully deliberate all matters that shall come to your attention concerning this service; and do you solemnly swear or affirm that you will keep secret all proceedings of the grand jury unless you are required in a court of justice to make disclosure; and do you solemnly swear or affirm that you will indict no person through malice, hatred, or ill will; and do you solemnly swear or affirm that you will not leave unindicted any person through fear, favor, or affection, or for any reward or hope thereof; and do you solemnly swear or affirm that in all your deliberations you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, as you shall answer unto God or under the penalties of perjury?"
(B) If, on or after the effective date of this amendment, a court impaneling a grand jury uses the grand juror's oath that was in effect prior to the effective date of this amendment instead of the oath set forth in division (A) of this section, the court's use of the former oath does not invalidate or affect the validity of the impanelment of the grand jury, any proceeding, inquiry, or presentation of the grand jury, any indictment or other document found, returned, or issued by the grand jury, or any other action taken by the grand jury.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.07 | Charge of Jurors by Judge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The grand jurors, after being sworn, shall be charged as to their duty by the judge of the court of common pleas, who shall call their attention particularly to the obligation of secrecy which their oaths impose, and explain to them the law applicable to such matters as may be brought before them.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.08 | Grand Jury Duty After Charge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the charge of the court of common pleas, the grand jury shall retire with the officer appointed to attend it, and proceed to inquire of and present all offenses committed within the county.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.09 | Clerk - Minutes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The grand jury may appoint one of its members to be its clerk to preserve the minutes of its proceedings and actions in all cases pending before it. Such minutes shall be delivered to the prosecuting attorney before the jury is discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.10 | Prosecuting Attorney to Have Access to Grand Jury.

Effective:
September 3, 1986
Latest Legislation:
Senate Bill 74 - 116th General Assembly
The prosecuting attorney or assistant prosecuting attorney may at all times appear before the grand jury to give information relative to a matter cognizable by it, or advice upon a legal matter when required. The prosecuting attorney may interrogate witnesses before the grand jury when the grand jury or the prosecuting attorney finds it necessary, but no person other than the grand jurors shall be permitted to remain in the room with the jurors while the jurors are expressing their views or giving their votes on a matter before them. In all matters or cases which the attorney general is required to investigate or prosecute by the governor or general assembly, or which a special prosecutor is required by section 177.03 of the Revised Code to investigate and prosecute, the attorney general or the special prosecutor, respectively, shall have and exercise any or all rights, privileges, and powers of prosecuting attorneys, and any assistant or special counsel designated by the attorney general or special prosecutor for that purpose, has the same authority. Proceedings in relation to such matters or cases are under the exclusive supervision and control of the attorney general or the special prosecutor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.11 | Official Reporter.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The official reporter of the county, or any reporter designated by the court of common pleas, at the request of the prosecuting attorney, or any such reporter designated by the attorney general in investigations conducted by the attorney general, may take notes of or electronically record testimony before the grand jury, and furnish a transcript to the prosecuting attorney or the attorney general, and to no other person. The reporter shall withdraw from the jury room before the jurors begin to express their views or take their vote on the matter before them. Such reporter shall take an oath to be administered by the judge after the grand jury is sworn, imposing an obligation of secrecy to not disclose any testimony taken or heard except to the grand jury, prosecuting attorney, or attorney general, unless called upon in court to make disclosures.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.12 | Clerk of Court to Issue Subpoenas for Witnesses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When required by the grand jury, prosecuting attorney, or judge of the court of common pleas, the clerk of the court of common pleas shall issue subpoenas and other process to any county to bring witnesses to testify before such jury.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.121 | Employer May Not Penalize Employee for Being Subpoenaed Before Grand Jury.

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 before a grand jury 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 resulting from attendance at any grand jury proceeding. However, if an employee is subpoenaed to appear at a grand jury 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 2939 | Grand Juries › Section 2939.13 | Oath of Witnesses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before a witness is examined by the grand jury, an oath shall be administered to him by the foreman of the grand jury or by the judge of the court of common pleas or the clerk of the court of common pleas, truly to testify of such matters and things as may lawfully be inquired of before such jury. A certificate that the oath has been administered shall be indorsed on the subpoena of the witness or otherwise made by the foreman of the grand jury, judge, or clerk certifying the attendance of said witness to the clerk of the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.14 | Witness Refusing to Testify.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a witness before a grand jury refuses to answer an interrogatory, the court of common pleas shall be informed in writing, in which such interrogatory shall be stated, with the excuse for the refusal given by the witness. The court shall determine whether the witness is required to answer, and the grand jury shall be forthwith informed of such decision.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.15 | Contempt Proceedings Against Witness Refusing to Testify.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the court of common pleas determines that a witness before a grand jury is required to answer an interrogatory and such witness persists in his refusal, he shall be brought before the court, which shall proceed in a like manner as if such witness had been interrogated and refused to answer in open court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.16 | Sickness, Death, Discharge, or Nonattendance of a Grand Juror.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of sickness, death, discharge, or nonattendance of a grand juror after the grand jury is sworn, the court may cause another to be sworn in his stead. The court shall charge such juror as required by section 2939.07 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.17 | Summoning New Grand Jury - Immunity of Witnesses.

Effective:
September 16, 1970
Latest Legislation:
House Bill 956 - 108th General Assembly
After the grand jury is discharged, the court of common pleas, when necessary, may order the drawing and impaneling of a new grand jury, which shall be summoned and returned as provided by section 2939.03 of the Revised Code and shall be sworn and proceed in the manner provided by sections 2939.06 to 2939.24, inclusive, of the Revised Code. Whenever the governor or general assembly directs the attorney general to conduct any investigation or prosecution, the court of common pleas or any judge thereof, on written request of the attorney general, shall order a special grand jury to be summoned, and such special grand jury may be called and discharge its duties either before, during, or after any session of the regular grand jury, and its proceedings shall be independent of the proceedings of the regular grand jury but of the same force and effect.
Whenever a witness is necessary to a full investigation by the attorney general under this section, or to secure or successfully maintain and conclude a prosecution arising out of any such investigation, the judge of the court of common pleas may grant to such witness immunity from any prosecution based on the testimony or other evidence given by the witness in the course of the investigation or prosecution, other than a prosecution for perjury in giving such testimony or evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.18 | Secrecy of Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grand juror, officer of the court, or other person shall disclose that an indictment has been found against a person not in custody or under bail, before such indictment is filed and the case docketed, except by the issue of process.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.19 | Testimony of Grand Juror.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grand juror may state or testify in court in what manner any member of the grand jury voted or what opinion was expressed by any juror on any question before the grand jury.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.20 | Concurrence by Twelve Grand Jurors for Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
At least twelve of the grand jurors must concur in the finding of an indictment. When so found, the foreman shall indorse on such indictment the words "A true bill" and subscribe his name as foreman.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.21 | Quarterly Visits to County Jail.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) Once every three months, the grand jurors shall visit the county jail, examine its condition, and inquire into the discipline and treatment of the prisoners, their habits, diet, and accommodations.
(B)(1) If a multicounty correctional center or multicounty-municipal correctional center is established as described in section 307.93 of the Revised Code to serve two or more counties, once every three months, the grand jurors of any or all of the counties served by the center may visit the facility, examine its contents, and inquire into the discipline and treatment of the prisoners, their habits, diet, and accommodations. Only one visit by grand jurors may be made under this division during any three-month period.
(2) If a municipal-county correctional center is established as described in section 307.93 of the Revised Code to serve a county, once every three months, the grand jurors of the county may visit the facility, examine its contents, and inquire into the discipline and treatment of the prisoners, their habits, diet, and accommodations.
(C) When grand jurors visit a jail under division (A), (B)(1), or (B)(2) of this section, they shall report on the matters specified in the particular division to the court of common pleas of the county served by the grand jurors in writing. The clerk of the court of common pleas shall forward a copy of the report to the department of rehabilitation and correction.
Last updated March 8, 2023 at 11:36 AM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.22 | Filing Indictments With Clerk of Court of Common Pleas.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Indictments found by a grand jury shall be presented by the foreman to the court of common pleas, and filed with the clerk of the court of common pleas, who shall indorse thereon the date of such filing and enter each case upon the appearance docket and the trial docket of the term when the persons indicted have been arrested. The court shall assign such indictments for trial under section 2945.02 of the Revised Code, and recognizances of defendants and witnesses shall be taken for their appearance in court. When a case is continued to the next term of court, such recognizance shall require the appearance of the defendants and witnesses at a time designated by the court. Secret indictments shall not be docketed by name until after the apprehension of the accused.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.23 | No Indictment to Be Reported.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an indictment is not found by the grand jury, against an accused who has been held to answer, such fact shall be reported by the foreman to the court of common pleas.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.24 | Discharge of Indicted Person When No Indictment Returned.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person held in jail charged with an indictable offense is not indicted at the term of court at which he is held to answer, he shall be discharged unless:
(A) He was committed on such charge after the discharge of the grand jury.
(B) The transcript has not been filed.
(C) There is not sufficient time at such term of court to investigate said cause.
(D) The grand jury, for good cause, continues the hearing of said charge until the next term of court.
(E) It appears to the court of common pleas that a witness for the state has been enticed or kept away, detained, or prevented from attending court by sickness or unavoidable accident.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.25 | Attendance of Witnesses at Foreign Grand Jury Proceedings Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 2939.25 to 2939.29, inclusive, of the Revised Code:
(A) "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
(B) "State" includes any territory of the United States and District of Columbia.
(C) "Summons" includes a subpoena, order, or other notice requiring the appearance of a witness.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.26 | Compelling Witnesses to Attend by Foreign Courts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in this state in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
If at a hearing such judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing the certificate is prima-facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing. If the judge at the hearing is satisfied of the desirability of such custody and delivery, for which determination the certificate is prima-facie proof of such desirability, he may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned as provided in this section, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.27 | Certificate Specifying Number of Days Witness Will Be Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.28 | Witness Not Subject to Arrest or the Service of Process.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person comes into this state in obedience to a summons directing him to attend and testify in this state, while in this state pursuant to such summons he is not subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, while so passing through this state he is not subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.29 | Construction and Interpretation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2939.25 to 2939.28, inclusive, of the Revised Code shall be so interpreted and construed as to effectuate their general purpose, to make the law of this state uniform with the law of other states which enact similar uniform legislation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.01 | Indictment 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 2941. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.02 | Indictment Processes Apply to Informations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All sections of the Revised Code which apply to prosecutions upon indictments, the process thereon, and the issuing and service thereof, to commitments, bails, motions, pleadings, trials, appeals, and punishments, to the execution of any sentence, and all other proceedings in cases of indictments whether in the court of original or appellate jurisdiction, apply to informations, and all prosecutions and proceedings thereon.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.021 | Offenses Prosecuted by Information.

Effective:
November 9, 1959
Latest Legislation:
Senate Bill 51 - 103rd General Assembly
Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the common pleas court by the prosecuting attorney if the defendant, after he has been advised by the court of the nature of the charge against him and of his rights under the constitution, is represented by counsel or has affirmatively waived counsel by waiver in writing and in open court, waives in writing and in open court prosecution by indictment.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.03 | Sufficiency of Indictment or Information.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An indictment or information is sufficient if it can be understood therefrom:
(A) That it is entitled in a court having authority to receive it, though the name of the court is not stated;
(B) If it is an indictment, that it was found by a grand jury of the county in which the court was held, or if it is an information, that it was subscribed and presented to the court by the prosecuting attorney of the county in which the court was held;
(C) That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with a statement that his true name is unknown to the jury or prosecuting attorney, but no name shall be stated in addition to one necessary to identify the accused;
(D) That an offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein;
(E) That the offense was committed at some time prior to the time of finding of the indictment or filing of the information.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.04 | Two or More Offenses in One Indictment or Information.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more indictments or informations are filed in such cases the court may order them to be consolidated.
The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, but the defendant may be convicted of any number of the offenses charged, and each offense upon which the defendant is convicted must be stated in the verdict. The court in the interest of justice and for good cause shown, may order different offenses or counts set forth in the indictment or information tried separately or divided into two or more groups and each of said groups tried separately. A verdict of acquittal of one or more counts is not an acquittal of any other count.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.05 | Statement That Accused Has Committed Some Public Offense.

Effective:
March 17, 1955
Latest Legislation:
House Bill 26 - 101st General Assembly
In an indictment or information charging an offense, each count shall contain, and is sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified. Such statement may be made in ordinary and concise language without any technical averments or any allegations not essential to be proved. It may be in the words of the section of the Revised Code describing the offense or declaring the matter charged to be a public offense, or in any words sufficient to give the accused notice of the offense of which he is charged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.06 | Form of Indictment.

Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
An indictment may be substantially in the following form:
"The State of Ohio,)
ss.
___________ County)
In the Year _______
The jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that A.B., on the _______ day of ___________, _________, at the county of ___________ aforesaid, did ___________ (here insert the name of the offense if it has one, such as murder, arson, or the like, or if a misdemeanor having no general name, insert a brief description of it as given by law) contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.
________C.D_________
(Indorsed) A true bill. Prosecuting Attorney
E.F., Foreperson of the Grand Jury."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.07 | Bill of Particulars.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
Upon written request of the defendant made not later than five days prior to the date set for trial, or upon order of the court, the prosecuting attorney shall furnish a bill of particulars setting up specifically the nature of the offense charged and the conduct of the defendant which is alleged to constitute the offense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.08 | Defects Which Do Not Affect Validity of Indictment or Information.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected:
(A) By the omission of "with force and arms," or words of similar import, or "as appears by the record";
(B) For omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense;
(C) For stating the time imperfectly;
(D) For stating imperfectly the means by which the offense was committed except insofar as means is an element of the offense;
(E) For want of a statement of the value or price of a matter or thing, or the amount of damages or injury, where the value or price or the amount of damages or injury is not of the essence of the offense, and in such case it is sufficient to aver that the value or price of the property is less than, equals, or exceeds the certain value or price which determines the offense or grade thereof;
(F) For the want of an allegation of the time or place of a material fact when the time and place have been once stated therein;
(G) Because dates and numbers are represented by figures;
(H) For an omission to allege that the grand jurors were impaneled, sworn, or charged;
(I) For surplusage or repugnant allegations when there is sufficient matter alleged to indicate the crime and person charged;
(J) For want of averment of matter not necessary to be proved;
(K) For other defects or imperfections which do not tend to prejudice the substantial rights of the defendant upon the merits.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.09 | Identification of Group, Association, or Corporation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any indictment or information it is sufficient for the purpose of identifying any group or association of persons, not incorporated, to state the proper name of such group or association, to state any name or designation by which the group or association has been or is known, to state the names of all persons in such group or association or of one or more of them, or to state the name of one or more persons in such group or association referring to the others as "another" or "others." It is sufficient for the purpose of identifying a corporation to state the corporate name of such corporation, or any name or designation by which such corporation has been or is known.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.10 | Indictment Failing to Negative Any Exception, Excuse, or Proviso Contained in Statute.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No indictment or information for any offense created or defined by statute is objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made is an allegation that no legal excuse for the doing of the act exists in the particular case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.11 | Allege Prior Conviction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever it is necessary to allege a prior conviction of the accused in an indictment or information, it is sufficient to allege that the accused was, at a certain stated time, in a certain stated court, convicted of a certain stated offense, giving the name of the offense, or stating the substantial elements thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.12 | Pleading a Statute or Right Derived Therefrom.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In pleading a statute or right derived therefrom it is sufficient to refer to the statute by its title, or in any other manner which identifies the statute. The court must thereupon take judicial notice of such statute.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.13 | Pleading a Judgment or Other Determination.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In pleading a judgment or other determination of, or a proceeding before, any court or officer, civil or military, it is not necessary to allege the fact conferring jurisdiction on such court or officer. It is sufficient to allege generally that such judgment or determination was given or made or such proceedings had.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.14 | Indictment for Aggravated Murder, Murder, or Voluntary or Involuntary Manslaughter - Specifications.

Effective:
May 15, 2002
Latest Legislation:
Senate Bill 184 - 124th General Assembly
(A) In an indictment for aggravated murder, murder, or voluntary or involuntary manslaughter, the manner in which, or the means by which the death was caused need not be set forth.
(B) Imposition of the death penalty for aggravated murder is precluded unless the indictment or count in the indictment charging the offense specifies one or more of the aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code. If more than one aggravating circumstance is specified to an indictment or count, each shall be in a separately numbered specification, and if an aggravating circumstance is specified to a count in an indictment containing more than one count, such specification shall be identified as to the count to which it applies.
(C) A specification to an indictment or count in an indictment charging aggravated murder shall be stated at the end of the body of the indictment or count, and may be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand Jurors further find and specify that (set forth the applicable aggravating circumstance listed in divisions (A)(1) to (10) of section 2929.04 of the Revised Code. The aggravating circumstance may be stated in the words of the subdivision in which it appears, or in words sufficient to give the accused notice of the same)."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.142 | Criminal Gang Participation Specification.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) Imposition of a mandatory prison term of one, two, or three years pursuant to division (G) of section 2929.14 of the Revised Code upon an offender who committed a felony that is an offense of violence while participating in a criminal gang is precluded unless the indictment, count in the indictment, or information charging the felony specifies that the offender committed the felony that is an offense of violence while participating in a criminal gang. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The grand jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed the felony that is an offense of violence while participating in a criminal gang.)"
(B) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(C) As used in this section, "criminal gang" has the same meaning as in section 2923.41 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.143 | Offense in School Safety Zone or Towards a Person in School Safety Zone Specification.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
Imposition of a sentence by a court pursuant to division (H) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence specifies that the offender committed the offense in a school safety zone or towards a person in a school safety zone. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The grand jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed aggravated murder, murder, or the felony of the first, second, or third degree that is an offense of violence in a school safety zone or towards a person in a school safety zone)."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.147 | Sexual Motivation Specification.

Effective:
January 1, 1997
Latest Legislation:
House Bill 180 - 121st General Assembly
(A) Whenever a person is charged with an offense that is a violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code, a violation of division (A) of section 2903.04 of the Revised Code, an attempt to violate or complicity in violating section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code when the attempt or complicity is a felony, or an attempt to violate or complicity in violating division (A) of section 2903.04 of the Revised Code when the attempt or complicity is a felony, the indictment, count in the indictment, information, or complaint charging the offense may include a specification that the person committed the offense with a sexual motivation. The specification shall be stated at the end of the body of the indictment, count, information, or complaint and shall be in substantially the following form:
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that the offender committed the offense with a sexual motivation."
(B) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.149 | Repeat Violent Offender Specification.

Effective:
August 3, 2006
Latest Legislation:
House Bill 95 - 126th General Assembly
(A) The determination by a court that an offender is a repeat violent offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a repeat violent offender. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender is a repeat violent offender)."
(B) The court shall determine the issue of whether an offender is a repeat violent offender.
(C) At the arraignment of the defendant or as soon thereafter as is practicable, the prosecuting attorney may give notice to the defendant of the prosecuting attorney's intention to use a certified copy of the entry of judgment of a prior conviction as proof of that prior conviction. The defendant must then give notice to the prosecuting attorney of the defendant's intention to object to the use of the entry of judgment. If the defendant pursuant to Criminal Rule 12 does not give notice of that intention to the prosecuting attorney before trial, the defendant waives the objection to the use of an entry of judgment as proof of the defendant's prior conviction, as shown on the entry of judgment.
(D) As used in this section, "repeat violent offender" has the same meaning as in section 2929.01 of the Revised Code.