As Introduced
136th General Assembly
Regular Session S. B. No. 61
2025-2026
Senators Gavarone, Manning
A B I LL
To amend sections 109.04, 1901.021, 1901.14,
1901.22, 1907.20, 2111.011, 2307.23, 2317.02,
2317.021, 2317.41, 2317.422, 2939.03, 2939.06,
2941.61, 2943.02, 2945.51, 2945.52, 2945.53, and
2945.54 and to repeal sections 1901.16, 1901.41,
1907.21, 1907.231, 2101.12, 2101.121, 2101.14,
2101.141, 2301.141, 2317.03, 2317.40, 2317.42,
2939.02, 2939.11, 2939.19, 2939.20, 2941.021,
2943.03, 2943.04, 2945.12, 2945.30, 2945.31,
2945.33, 2945.34, 2945.41, 2945.45, and 2945.50
of the Revised Code relative to courts and court
procedures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.04, 1901.021, 1901.14,
1901.22, 1907.20, 2111.011, 2307.23, 2317.02, 2317.021, 2317.41,
2317.422, 2939.03, 2939.06, 2941.61, 2943.02, 2945.51, 2945.52,
2945.53, and 2945.54 of the Revised Code be amended to read as
follows:
Sec. 109.04. During the absence or disability of the
attorney general, or when so directed by the attorney general,
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including all the rights, privileges, and powers conferred upon
the attorney general by sections 2939.10 , 2939.11, and 2939.17
of the Revised Code, the first assistant attorney general shall
perform the duties of the attorney general.
Sec. 1901.021. (A) Except as otherwise provided in
division (M) of this section, the judge or judges of any
municipal court established under division (A) of section
1901.01 of the Revised Code having territorial jurisdiction
outside the corporate limits of the municipal corporation in
which it is located may sit outside the corporate limits of the
municipal corporation within the area of its territorial
jurisdiction.
(B) Two or more of the judges of the Hamilton county
municipal court may be assigned by the presiding judge of the
court to sit outside the municipal corporation of Cincinnati.
(C) Two of the judges of the Portage county municipal
court shall sit within the municipal corporation of Ravenna, and
one of the judges shall sit within the municipal corporation of
Kent. The judges may sit in other incorporated areas of Portage
county.
(D) The judges of the Wayne county municipal court shall
sit within the municipal corporation of Wooster and may sit in
other incorporated areas of Wayne county.
(E) The judge of the Auglaize county municipal court shall
sit within the municipal corporations of Wapakoneta and St.
Marys and may sit in other incorporated areas in Auglaize
county.
(F) At least one of the judges of the Miami county
municipal court shall sit within the municipal corporations of
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Troy, Piqua, and Tipp City, and the judges may sit in other
incorporated areas of Miami county.
(G) The judge of the Crawford county municipal court shall
sit within the municipal corporations of Bucyrus and Galion and
may sit in other incorporated areas in Crawford county.
(H) The judge of the Jackson county municipal court shall
sit within the municipal corporations of Jackson and Wellston
and may sit in other incorporated areas in Jackson county.
(I) Each judge of the Columbiana county municipal court
may sit within the municipal corporation of Lisbon, Salem, or
East Palestine until the judges jointly select a central
location within the territorial jurisdiction of the court. When
the judges select a central location, the judges shall sit at
that location.
(J) In any municipal court, other than the Hamilton county
municipal court and the Montgomery county municipal court, that
has more than one judge, the decision for one or more judges to
sit outside the corporate limits of the municipal corporation
shall be made by rule of the court as provided in division
divisions (A)(3) and (C) of sections section 1901.14 and 1901.16
of the Revised Code.
(K) The assignment of a judge to sit in a municipal
corporation other than that in which the court is located does
not affect the jurisdiction of the mayor except as provided in
section 1905.01 of the Revised Code.
(L) The judges of the Clermont county municipal court may
sit in any municipal corporation or unincorporated territory
within Clermont county.
(M) Beginning July 1, 2010, the judges of the Montgomery
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county municipal court shall sit in the same locations as the
judges of the Montgomery county county court sat before the
county court was abolished on that date. The legislative
authority of the Montgomery county municipal court may determine
after that date that the judges of the Montgomery county
municipal court shall sit in any municipal corporation or
unincorporated territory within Montgomery county.
(N) The judge of the Tiffin-Fostoria municipal court shall
sit within each of the municipal corporations of Tiffin and
Fostoria on a weekly basis. Cases that arise within the
municipal corporation of Tiffin and within Adams, Big Spring,
Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, Scioto,
Seneca, Thompson, and Venice townships in Seneca county shall be
filed in the office of the clerk of the court located in the
municipal corporation of Tiffin. Cases that arise in the
municipal corporation of Fostoria and within Loudon and Jackson
townships in Seneca county shall be filed in the office of the
special deputy clerk located in the municipal corporation of
Fostoria. Until January 2, 2024, cases that arise within
Washington township in Hancock county, and within Perry
township, except within the municipal corporation of West
Millgrove, in Wood county, shall be filed in the office of the
special deputy clerk located in the municipal corporation of
Fostoria.
(O) The judge of the Fulton county municipal court shall
sit within each of the municipal corporations of Wauseon and
Swanton on a weekly basis. Cases that arise within the municipal
corporation of Wauseon and within Chesterfield, Clinton, Dover,
Franklin, German, and Gorham townships in Fulton county shall be
filed in the office of the clerk of the court located in the
municipal corporation of Wauseon. Cases that arise in the
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municipal corporation of Swanton and within Amboy, Fulton, Pike,
Swan Creek, Royalton, and York townships shall be filed in the
office of the special deputy clerk located in the municipal
corporation of Swanton.
Sec. 1901.14. (A) Municipal judges have the following
powers and duties:
(1) To perform marriage ceremonies anywhere in this state,
take acknowledgment of deeds and other instruments, administer
oaths, and perform any other duties that are conferred upon
judges of county courts.
All fees, including marriage fees, collected by a
municipal judge when not connected with any cause or proceeding
pending in the municipal court, shall be paid over to the clerk
of the municipal court to be paid to the city treasury, except
that, in a county-operated municipal court, the fees shall be
paid to the treasury of the county in which the court is
located.
(2) To adopt, publish, and revise rules for the regulation
of the practice and procedure of their respective courts, and
for the selection and manner of summoning persons to serve as
jurors in the court in accordance with the Rules of
Superintendence for the Courts of Ohio ;
(3) To adopt, publish, and revise rules relating to the
administration of the court in accordance with the Rules of
Superintendence for the Courts of Ohio ;
(4) On or before the last day of March of each year, the
court shall render a complete report of its operation during the
preceding calendar year to the legislative authority and to the
board of county commissioners of each county within its
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territory. The report shall show the work performed by the
court, a statement of receipts and expenditures of the civil and
criminal branches, respectively, the number of cases heard,
decided, and settled, and any other data that the supreme court,
the secretary of state, the legislative authority, and the board
of county commissioners requires.
(B) Any rule adopted pursuant to division (A)(2) or (3) of
this section does not apply to the housing or environmental
division of the municipal court if the judge of the housing or
environmental division has adopted rules pursuant to division
(C) of this section, unless the rules adopted pursuant to
division (C) of this section do not regulate the subject
regulated by the rule adopted pursuant to division (A)(2) or (3)
of this section.
(C) Judges of the housing or environmental division of a
municipal court, other than the judge of the environmental
division of the Franklin county municipal court, may adopt,
publish, and revise rules for the regulation of the practice and
procedure of the division, for the selection and manner of
summoning persons to serve as jurors in the division, and for
the administration of the division , in accordance with the Rules
of Superintendence for the Courts of Ohio .
Sec. 1901.22. Civil actions and proceedings in the
municipal court shall be commenced pursuant to the Civil Rules
by filing a complaint upon which summons or writ shall be issued
by the clerk of the municipal court. A form of summons or writ
shall be prescribed by rule of court. The procedure in a civil
case in the municipal court shall be in accordance with the
following provisions:
(A) The return day shall be fixed by rule of court, and
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the summons or writ shall, unless accompanied by an order to
arrest, be served at least three days before the time of
appearance.
(B) In attachment and garnishment proceedings, a true copy
of the affidavit shall be served with the summons and order of
attachment or garnishment.
(C) In any action in a municipal court for the recovery of
personal property, the appraised value of which exceeds the
jurisdictional amount as defined in section 1901.17 of the
Revised Code, the judge, upon the return of the appraisement
prior to judgment, shall certify the proceedings in the case to
the court of common pleas.
(D) Whenever any property is seized or sought to be
recovered in any action in a municipal court, the property shall
be at once appraised. The value of such property may be
ascertained by the oath of two disinterested freeholders who are
residents of the territory of the court.
(E) In any action in a municipal court in which the amount
claimed by any defendant in any statement of counterclaim
exceeds the jurisdictional amount, the judge shall certify the
proceedings in the case to the court of common pleas, except in
the Cleveland municipal court.
(F) When the amount due either party exceeds the sum for
which a municipal court is authorized to enter judgment, such
party may in writing remit the excess and judgment shall be
entered for the residue. Any party defendant may, at his option,
withhold setting up any statement of counterclaim and make the
counterclaim the subject of a separate action.
(G) Upon certification of any proceedings to the court of
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common pleas, the clerk of the municipal court shall forthwith
transmit the original papers and pleadings, together with a
certified transcript of the journal entries in the case, to the
clerk of the court of common pleas to be filed. The bailiff
shall turn over the property in his the bailiff's possession to
the sheriff of the county to be held by him the sheriff as in
like cases originating in the court of common pleas. The case
shall then proceed as if it had been commenced originally in the
court of common pleas.
Sec. 1907.20. (A) The clerk of courts shall be the clerk
of the county court, except that the board of county
commissioners, with the concurrence of the county court judges,
may appoint a clerk for each county court judge, who shall serve
at the pleasure of the board and shall receive compensation as
set by the board, payable in semimonthly installments from the
treasury of the county. Except as otherwise provided in section
3.061 of the Revised Code, an appointed clerk, before entering
upon the duties of the office, shall give bond of not less than
five thousand dollars, as determined by the board of county
commissioners, conditioned upon the faithful performance of the
clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county courts, and upon assuming their county court
duties, shall receive compensation at one-fourth the rate
prescribed for the clerks of courts of common pleas as
determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code. This compensation shall be paid from the county treasury
in semimonthly installments and is in addition to the annual
compensation received for the performance of the duties of the
clerk of a court of common pleas as provided in sections 325.08
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and 325.18 of the Revised Code.
(B) The clerk of a county court shall have general powers
to administer oaths, take affidavits, and issue executions upon
any judgment rendered in the county court, including a judgment
for unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach
the seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals, records, books, and papers belonging or appertaining
to the court, record its proceedings, perform all other duties
that the judges of the court may prescribe, and keep a book
showing all receipts and disbursements, which shall be open for
public inspection at all times. The clerk may refuse to accept
for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under
section 2323.52 of the Revised Code and who has failed to obtain
leave to proceed under that section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by
the board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public
records of the court. In the docket, the clerk shall enter at
times of the commencement of an action, the names of the parties
in full, the names of the counsel, and the nature of the
proceedings. Under proper dates, the clerk shall note the filing
of the complaint, issuing of summons or other process, returns,
and pleadings subsequent thereto. The clerk also shall enter all
reports, verdicts, orders, judgments, and proceedings of the
court, clearly specifying the relief granted or orders made in
each action. The court may order an extended record of any of
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the above to be made and entered, under the proper action
heading, upon the docket at the request of any party to the
case, the expense of which may be taxed as costs in the case or
may be required to be prepaid by the party demanding the
extended record, upon order of the court.
(C) The clerk of a county court shall receive and collect
all costs, fees, fines, penalties, bail, and other moneys
payable to the office or to any officer of the court and issue
receipts therefor, and shall on or before the twentieth day of
the month following the month in which they are collected
disburse the costs, fees, fines, penalties, bail, and other
moneys to the proper persons or officers and take receipts
therefor. Subject to sections 307.515, 4511.19, 4511.193, and
5503.04 of the Revised Code and all other statutes that require
a different distribution of fines, fines received for violations
of municipal ordinances shall be paid into the treasury of the
municipal corporation whose ordinance was violated, fines
received for violations of township resolutions adopted pursuant
to section 503.52 or 503.53 or Chapter 504. of the Revised Code
shall be paid into the treasury of the township whose resolution
was violated, and fines collected for the violation of state
laws shall be paid into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation.
The clerk shall keep a separate account of all receipts
and disbursements in civil and criminal cases. The separate
account shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be delivered
to the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
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(D) All moneys paid into a county court shall be noted on
the record of the case in which they are paid and shall be
deposited in a state or national bank selected by the clerk. On
the first Monday in January of each year, the clerk shall make a
list of the titles of all cases in the county court that were
finally determined more than one year past in which there
remains unclaimed in the possession of the clerk any funds, or
any part of a deposit for security of costs not consumed by the
costs in the case. The clerk shall give notice of the moneys to
the parties entitled to them or to their attorneys of record.
All the moneys remaining unclaimed that are for restitution
payments for crime victims shall be sent to the reparations fund
created under section 2743.191 of the Revised Code, with a list
from the clerk or other officer responsible for the collection
and distribution of restitution payments specifying the amounts
and individual identifying information of the funds. All other
moneys remaining unclaimed on the first day of April of each
year shall be paid by the clerk to the county treasurer. Any
part of the moneys shall be paid by the county treasurer at any
time to the person having the right to them, upon proper
certification of the clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county treasury as the board may prescribe. Each deputy clerk
shall take an oath of office before entering upon the duties of
the deputy clerk's office and, when so qualified, may perform
the duties appertaining to the office of the clerk. The clerk
may require any of the deputy clerks to give bond of not less
than three thousand dollars, conditioned for the faithful
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performance of the deputy clerk's duties.
(2) A clerk of courts acting as clerk of the county court
may appoint deputy clerks to perform the duties pertaining to
the office of clerk of the county court. Each deputy clerk shall
take an oath of office before entering upon the deputy clerk's
duties, and the clerk of courts may require the deputy clerk to
give bond of not less than three thousand dollars, conditioned
for the faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be
in attendance at all sessions of the court, although not
necessarily in the courtroom, and may administer oaths to
witnesses and jurors and receive verdicts.
(F)(1) In county court districts having appointed clerks,
the board of county commissioners may order the establishment of
one or more branch offices of the clerk and, with the
concurrence of the county judges, may appoint a special deputy
clerk to administer each branch office. Each special deputy
clerk shall take an oath of office before entering upon the
duties of the deputy clerk's office and, when so qualified, may
perform any one or more of the duties appertaining to the office
of clerk, as the board prescribes. Special deputy clerks shall
receive such compensation payable in semimonthly installments
out of the county treasury as the board may prescribe. Except as
otherwise provided in section 3.061 of the Revised Code, the
board may require any of the special deputy clerks to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
The board of county commissioners may authorize the clerk
of the county court to operate one or more branch offices, to
divide the clerk's time between the offices, and to perform
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duties appertaining to the office of clerk in locations that the
board prescribes.
(2) A clerk of courts acting as clerk of the county court
may establish one or more branch offices for the clerk's duties
as clerk of the county court and, with the concurrence of the
county court judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the deputy clerk's
duties and, when so qualified, may perform any of the duties
pertaining to the office of clerk, as the clerk of courts
prescribes. The clerk of courts may require any of the special
deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks
appointed by the clerk pursuant to this section. Those personnel
shall be paid and be subject to the same requirements as other
employees of the clerk under the provisions of section 325.17 of
the Revised Code insofar as that section is applicable.
Sec. 2111.011. (A) The clerk of the probate court shall
furnish a guardianship guide, prepared either by the attorney
general with the approval of the Ohio judicial conference or by
the Ohio judicial conference under division (B) of this section,
to a guardian at either of the following times, whichever is
applicable:
(1) Upon the appointment of the guardian under section
2111.02 of the Revised Code;
(2) If the guardian was appointed prior to the effective
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date of this section, upon the first filing by the guardian with
the probate court of either of the following, as applicable,
after that effective date:
(a) A guardian's account, other than a final account, that
is required to be filed under section 2109.302 of the Revised
Code;
(b) A guardian's report that is required to be filed under
section 2111.49 of the Revised Code.
(B)(1) If the attorney general subsequently prepares any
updated version of the guardianship guide, the updated guide
shall include the rights of a ward as stated in any relevant
provision of the Revised Code that is then current. The clerk of
the probate court shall furnish the most recent version of the
guide to a guardian at either of the following times, whichever
is applicable:
(a) Upon the appointment of the guardian under section
2111.02 of the Revised Code after the most recent version of the
guide is prepared;
(b) If the guardian was appointed prior to the date of the
most recent version of the guide, upon the first filing by the
guardian with the probate court of either of the documents
described in divisions (A)(2)(a) and (b) of this section, as
applicable, after that date.
(2) In the alternative, the Ohio judicial conference may
create, at their cost, an alternative guardianship guide for use
in all probate courts. The alternative guardianship guide shall
be distributed in accordance with all provisions contained in
this act. The court shall furnish this alternative guardianship
guide in accordance with the provisions of this section.
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(C) The probate court shall establish a form for a
guardian to sign acknowledging that the guardian received a
guardianship guide pursuant to this section.
(D) Upon receiving a guardianship guide, the guardian
shall sign the form specified in division (C) of this section.
The signed form shall be kept permanently in the guardianship
file of the probate court in accordance with the Rules of
Superintendence for the Courts of Ohio .
Sec. 2307.23. (A) In determining the percentage of
tortious conduct attributable to a party in a tort action under
section 2307.22 or sections 2315.32 to 2315.36 of the Revised
Code, the court in a nonjury action shall make findings of fact,
and the jury in a jury action shall return a general verdict
accompanied by answers to interrogatories, that shall specify
all of the following:
(1) The percentage of tortious conduct that proximately
caused the injury or loss to person or property or the wrongful
death that is attributable to the plaintiff and to each party to
the tort action from whom the plaintiff seeks recovery in this
action;
(2) The percentage of tortious conduct that proximately
caused the injury or loss to person or property or the wrongful
death that is attributable to each person from whom the
plaintiff does not seek recovery in this action.
(B) The sum of the percentages of tortious conduct as
determined pursuant to division (A) of this section shall equal
one hundred per cent.
(C) For purposes of division (A)(2) of this section, it is
an affirmative defense for each party to the tort action from
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whom the plaintiff seeks recovery in this action that a specific
percentage of the tortious conduct that proximately caused the
injury or loss to person or property or the wrongful death is
attributable to one or more persons from whom the plaintiff does
not seek recovery in this action. Any party to the tort action
from whom the plaintiff seeks recovery in this action may raise
an affirmative defense under this division at any time before
the trial of the action in accordance with the Rules of Civil
Procedure and other rules of practice and procedure applicable
to civil actions.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A)(1) An attorney, concerning a communication made to the
attorney by a client in that relation or concerning the
attorney's advice to a client, except that the attorney may
testify by express consent of the client or, if the client is
deceased, by the express consent of the surviving spouse or the
executor or administrator of the estate of the deceased client.
However, if the client voluntarily reveals the substance of
attorney-client communications in a nonprivileged context or is
deemed by section 2151.421 of the Revised Code to have waived
any testimonial privilege under this division, the attorney may
be compelled to testify on the same subject.
The testimonial privilege established under this division
does not apply concerning either of the following:
(a) A communication between a client in a capital case, as
defined in section 2901.02 of the Revised Code, and the client's
attorney if the communication is relevant to a subsequent
ineffective assistance of counsel claim by the client alleging
that the attorney did not effectively represent the client in
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the case;
(b) A communication between a client who has since died
and the deceased client's attorney if the communication is
relevant to a dispute between parties who claim through that
deceased client, regardless of whether the claims are by testate
or intestate succession or by inter vivos transaction, and the
dispute addresses the competency of the deceased client when the
deceased client executed a document that is the basis of the
dispute or whether the deceased client was a victim of fraud,
undue influence, or duress when the deceased client executed a
document that is the basis of the dispute.
(2) An attorney, concerning a communication made to the
attorney by a client in that relationship or the attorney's
advice to a client, except that if the client is an insurance
company, the attorney may be compelled to testify, subject to an
in camera inspection by a court, about communications made by
the client to the attorney or by the attorney to the client that
are related to the attorney's aiding or furthering an ongoing or
future commission of bad faith by the client, if the party
seeking disclosure of the communications has made a prima-facie
showing of bad faith, fraud, or criminal misconduct by the
client.
(B)(1) A physician, advanced practice registered nurse, or
dentist concerning a communication made to the physician,
advanced practice registered nurse, or dentist by a patient in
that relation or the advice of a physician, advanced practice
registered nurse, or dentist given to a patient, except as
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient
is deemed by section 2151.421 of the Revised Code to have waived
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any testimonial privilege under this division, the physician or
advanced practice registered nurse may be compelled to testify
on the same subject.
The testimonial privilege established under this division
does not apply, and a physician, advanced practice registered
nurse, or dentist may testify or may be compelled to testify, in
any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate gives
express consent;
(iii) If a medical claim, dental claim, chiropractic
claim, or optometric claim, as defined in section 2305.113 of
the Revised Code, an action for wrongful death, any other type
of civil action, or a claim under Chapter 4123. of the Revised
Code is filed by the patient, the personal representative of the
estate of the patient if deceased, or the patient's guardian or
other legal representative.
(b) In any civil action concerning court-ordered treatment
or services received by a patient, if the court-ordered
treatment or services were ordered as part of a case plan
journalized under section 2151.412 of the Revised Code or the
court-ordered treatment or services are necessary or relevant to
dependency, neglect, or abuse or temporary or permanent custody
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proceedings under Chapter 2151. of the Revised Code.
(c) In any criminal action concerning any test or the
results of any test that determines the presence or
concentration of alcohol, a drug of abuse, a combination of
them, a controlled substance, or a metabolite of a controlled
substance in the patient's whole blood, blood serum or plasma,
breath, urine, or other bodily substance at any time relevant to
the criminal offense in question.
(d) In any criminal action against a physician, advanced
practice registered nurse, or dentist. In such an action, the
testimonial privilege established under this division does not
prohibit the admission into evidence, in accordance with the
Rules of Evidence, of a patient's medical or dental records or
other communications between a patient and the physician,
advanced practice registered nurse, or dentist that are related
to the action and obtained by subpoena, search warrant, or other
lawful means. A court that permits or compels a physician,
advanced practice registered nurse, or dentist to testify in
such an action or permits the introduction into evidence of
patient records or other communications in such an action shall
require that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in
the records is maintained. Measures to ensure confidentiality
that may be taken by the court include sealing its records or
deleting specific information from its records.
(e)(i) If the communication was between a patient who has
since died and the deceased patient's physician, advanced
practice registered nurse, or dentist, the communication is
relevant to a dispute between parties who claim through that
deceased patient, regardless of whether the claims are by
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testate or intestate succession or by inter vivos transaction,
and the dispute addresses the competency of the deceased patient
when the deceased patient executed a document that is the basis
of the dispute or whether the deceased patient was a victim of
fraud, undue influence, or duress when the deceased patient
executed a document that is the basis of the dispute.
(ii) If neither the spouse of a patient nor the executor
or administrator of that patient's estate gives consent under
division (B)(1)(a)(ii) of this section, testimony or the
disclosure of the patient's medical records by a physician,
advanced practice registered nurse, dentist, or other health
care provider under division (B)(1)(e)(i) of this section is a
permitted use or disclosure of protected health information, as
defined in 45 C.F.R. 160.103, and an authorization or
opportunity to be heard shall not be required.
(iii) Division (B)(1)(e)(i) of this section does not
require a mental health professional to disclose psychotherapy
notes, as defined in 45 C.F.R. 164.501.
(iv) An interested person who objects to testimony or
disclosure under division (B)(1)(e)(i) of this section may seek
a protective order pursuant to Civil Rule 26.
(v) A person to whom protected health information is
disclosed under division (B)(1)(e)(i) of this section shall not
use or disclose the protected health information for any purpose
other than the litigation or proceeding for which the
information was requested and shall return the protected health
information to the covered entity or destroy the protected
health information, including all copies made, at the conclusion
of the litigation or proceeding.
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(2)(a) If any law enforcement officer submits a written
statement to a health care provider that states that an official
criminal investigation has begun regarding a specified person or
that a criminal action or proceeding has been commenced against
a specified person, that requests the provider to supply to the
officer copies of any records the provider possesses that
pertain to any test or the results of any test administered to
the specified person to determine the presence or concentration
of alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine at
any time relevant to the criminal offense in question, and that
conforms to section 2317.022 of the Revised Code, the provider,
except to the extent specifically prohibited by any law of this
state or of the United States, shall supply to the officer a
copy of any of the requested records the provider possesses. If
the health care provider does not possess any of the requested
records, the provider shall give the officer a written statement
that indicates that the provider does not possess any of the
requested records.
(b) If a health care provider possesses any records of the
type described in division (B)(2)(a) of this section regarding
the person in question at any time relevant to the criminal
offense in question, in lieu of personally testifying as to the
results of the test in question, the custodian of the records
may submit a certified copy of the records, and, upon its
submission, the certified copy is qualified as authentic
evidence and may be admitted as evidence in accordance with the
Rules of Evidence. Division (A) of section 2317.422 of the
Revised Code does not apply to any certified copy of records
submitted in accordance with this division. Nothing in this
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division shall be construed to limit the right of any party to
call as a witness the person who administered the test to which
the records pertain, the person under whose supervision the test
was administered, the custodian of the records, the person who
made the records, or the person under whose supervision the
records were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician, advanced practice
registered nurse, or dentist may be compelled to testify or to
submit to discovery under the Rules of Civil Procedure only as
to a communication made to the physician, advanced practice
registered nurse, or dentist by the patient in question in that
relation, or the advice of the physician, advanced practice
registered nurse, or dentist given to the patient in question,
that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim,
dental claim, chiropractic claim, or optometric claim, action
for wrongful death, other civil action, or claim under Chapter
4123. of the Revised Code.
(b) If the testimonial privilege described in division (B)
(1) of this section does not apply to a physician, advanced
practice registered nurse, or dentist as provided in division
(B)(1)(c) of this section, the physician, advanced practice
registered nurse, or dentist, in lieu of personally testifying
as to the results of the test in question, may submit a
certified copy of those results, and, upon its submission, the
certified copy is qualified as authentic evidence and may be
admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not
apply to any certified copy of results submitted in accordance
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with this division. Nothing in this division shall be construed
to limit the right of any party to call as a witness the person
who administered the test in question, the person under whose
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the
person under whose supervision the results were compiled.
(4) The testimonial privilege described in division (B)(1)
of this section is not waived when a communication is made by a
physician or advanced practice registered nurse to a pharmacist
or when there is communication between a patient and a
pharmacist in furtherance of the physician-patient or advanced
practice registered nurse-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician, advanced practice
registered nurse, or dentist to diagnose, treat, prescribe, or
act for a patient. A "communication" may include, but is not
limited to, any medical or dental, office, or hospital
communication such as a record, chart, letter, memorandum,
laboratory test and results, x-ray, photograph, financial
statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health
care provider" means a hospital, ambulatory care facility, long-
term care facility, pharmacy, emergency facility, or health care
practitioner.
(c) As used in division (B)(5)(b) of this section:
(i) "Ambulatory care facility" means a facility that
provides medical, diagnostic, or surgical treatment to patients
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who do not require hospitalization, including a dialysis center,
ambulatory surgical facility, cardiac catheterization facility,
diagnostic imaging center, extracorporeal shock wave lithotripsy
center, home health agency, inpatient hospice, birthing center,
radiation therapy center, emergency facility, and an urgent care
center. "Ambulatory health care facility" does not include the
private office of a physician, advanced practice registered
nurse, or dentist, whether the office is for an individual or
group practice.
(ii) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii) "Health care practitioner" has the same meaning as
in section 4769.01 of the Revised Code.
(iv) "Hospital" has the same meaning as in section 3727.01
of the Revised Code.
(v) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; a
residential facility licensed under section 5119.34 of the
Revised Code that provides accommodations, supervision, and
personal care services for three to sixteen unrelated adults; a
nursing facility, as defined in section 5165.01 of the Revised
Code; a skilled nursing facility, as defined in section 5165.01
of the Revised Code; and an intermediate care facility for
individuals with intellectual disabilities, as defined in
section 5124.01 of the Revised Code.
(vi) "Pharmacy" has the same meaning as in section 4729.01
of the Revised Code.
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(d) As used in divisions (B)(1) and (2) of this section,
"drug of abuse" has the same meaning as in section 4506.01 of
the Revised Code.
(6) Divisions (B)(1), (2), (3), (4), and (5) of this
section apply to doctors of medicine, doctors of osteopathic
medicine, doctors of podiatry, advanced practice registered
nurses, and dentists.
(7) Nothing in divisions (B)(1) to (6) of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 of the Revised Code
or the immunity from civil liability conferred by section
2305.33 of the Revised Code upon physicians or advanced practice
registered nurses who report an employee's use of a drug of
abuse, or a condition of an employee other than one involving
the use of a drug of abuse, to the employer of the employee in
accordance with division (B) of that section. As used in
division (B)(7) of this section, "employee," "employer," and
"physician" have the same meanings as in section 2305.33 of the
Revised Code and "advanced practice registered nurse" has the
same meaning as in section 4723.01 of the Revised Code.
(C)(1) A cleric, when the cleric remains accountable to
the authority of that cleric's church, denomination, or sect,
concerning a confession made, or any information confidentially
communicated, to the cleric for a religious counseling purpose
in the cleric's professional character. The cleric may testify
by express consent of the person making the communication,
except when the disclosure of the information is in violation of
a sacred trust and except that, if the person voluntarily
testifies or is deemed by division (A)(4)(c) of section 2151.421
of the Revised Code to have waived any testimonial privilege
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As Introduced
under this division, the cleric may be compelled to testify on
the same subject except when disclosure of the information is in
violation of a sacred trust.
(2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained,
accredited, or licensed minister of an established and legally
cognizable church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to
which the cleric belongs, including, but not limited to, the
Catholic Church, if both of the following apply:
(i) The confession or confidential communication was made
directly to the cleric.
(ii) The confession or confidential communication was made
in the manner and context that places the cleric specifically
and strictly under a level of confidentiality that is considered
inviolate by canon law or church doctrine.
(D) Husband or wife, concerning any communication made by
one to the other, or an 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; and such rule is the same if the
marital relation has ceased to exist;
(E) A person who assigns a claim or interest, concerning
any matter in respect to which the person would not, if a party,
be permitted to testify;
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As Introduced
(F) A person who, if a party, would be restricted under
section 2317.03 of the Revised Code, when the property or thing
is sold or transferred by an executor, administrator, guardian,
trustee, heir, devisee, or legatee, shall be restricted in the
same manner in any action or proceeding concerning the property
or thing.
(G)(1)(F)(1) A school guidance counselor who holds a valid
educator license from the state board of education as provided
for in section 3319.22 of the Revised Code, a person licensed
under Chapter 4757. of the Revised Code as a licensed
professional clinical counselor, licensed professional
counselor, social worker, independent social worker, marriage
and family therapist or independent marriage and family
therapist, or registered under Chapter 4757. of the Revised Code
as a social work assistant concerning a confidential
communication received from a client in that relation or the
person's advice to a client unless any of the following applies:
(a) The communication or advice indicates clear and
present danger to the client or other persons. For the purposes
of this division, cases in which there are indications of
present or past child abuse or neglect of the client constitute
a clear and present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may be compelled to testify on
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791 S. B. No. 61 Page 28
As Introduced
the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-
client, marriage and family therapist-client, or social worker-
client relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after an in-camera inspection that the testimony of the school
guidance counselor is relevant to that action.
(g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as
part of a case plan journalized under section 2151.412 of the
Revised Code or the court-ordered treatment or services are
necessary or relevant to dependency, neglect, or abuse or
temporary or permanent custody proceedings under Chapter 2151.
of the Revised Code.
(2) Nothing in division (G)(1) (F)(1) of this section
shall relieve a school guidance counselor or a person licensed
or registered under Chapter 4757. of the Revised Code from the
requirement to report information concerning child abuse or
neglect under section 2151.421 of the Revised Code.
(H) (G) A mediator acting under a mediation order issued
under division (A) of section 3109.052 of the Revised Code or
otherwise issued in any proceeding for divorce, dissolution,
legal separation, annulment, or the allocation of parental
rights and responsibilities for the care of children, in any
action or proceeding, other than a criminal, delinquency, child
abuse, child neglect, or dependent child action or proceeding,
that is brought by or against either parent who takes part in
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As Introduced
mediation in accordance with the order and that pertains to the
mediation process, to any information discussed or presented in
the mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to
the awarding of parenting time rights in relation to their
children;
(I) (H) A communications assistant, acting within the
scope of the communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of
the Revised Code or Title II of the "Communications Act of
1934," 104 Stat. 366 (1990), 47 U.S.C. 225, concerning a
communication made through a telecommunications relay service.
Nothing in this section shall limit the obligation of a
communications assistant to divulge information or testify when
mandated by federal law or regulation or pursuant to subpoena in
a criminal proceeding.
Nothing in this section shall limit any immunity or
privilege granted under federal law or regulation.
(J)(1) (I)(1) A chiropractor in a civil proceeding
concerning a communication made to the chiropractor by a patient
in that relation or the chiropractor's advice to a patient,
except as otherwise provided in this division. The testimonial
privilege established under this division does not apply, and a
chiropractor may testify or may be compelled to testify, in any
civil action, in accordance with the discovery provisions of the
Rules of Civil Procedure in connection with a civil action, or
in connection with a claim under Chapter 4123. of the Revised
Code, under any of the following circumstances:
(a) If the patient or the guardian or other legal
representative of the patient gives express consent.
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As Introduced
(b) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate gives
express consent.
(c) If a medical claim, dental claim, chiropractic claim,
or optometric claim, as defined in section 2305.113 of the
Revised Code, an action for wrongful death, any other type of
civil action, or a claim under Chapter 4123. of the Revised Code
is filed by the patient, the personal representative of the
estate of the patient if deceased, or the patient's guardian or
other legal representative.
(2) If the testimonial privilege described in division (J)
(1) (I)(1) of this section does not apply as provided in
division (J)(1)(c) (I)(1)(c) of this section, a chiropractor may
be compelled to testify or to submit to discovery under the
Rules of Civil Procedure only as to a communication made to the
chiropractor by the patient in question in that relation, or the
chiropractor's advice to the patient in question, that related
causally or historically to physical or mental injuries that are
relevant to issues in the medical claim, dental claim,
chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.
(3) The testimonial privilege established under this
division does not apply, and a chiropractor may testify or be
compelled to testify, in any criminal action or administrative
proceeding.
(4) As used in this division, "communication" means
acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary
to enable a chiropractor to diagnose, treat, or act for a
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As Introduced
patient. A communication may include, but is not limited to, any
chiropractic, office, or hospital communication such as a
record, chart, letter, memorandum, laboratory test and results,
x-ray, photograph, financial statement, diagnosis, or prognosis.
(K)(1) (J)(1) Except as provided under division (K)(2) (J)
(2) of this section, a critical incident stress management team
member concerning a communication received from an individual
who receives crisis response services from the team member, or
the team member's advice to the individual, during a debriefing
session.
(2) The testimonial privilege established under division
(K)(1) (J)(1) of this section does not apply if any of the
following are true:
(a) The communication or advice indicates clear and
present danger to the individual who receives crisis response
services or to other persons. For purposes of this division,
cases in which there are indications of present or past child
abuse or neglect of the individual constitute a clear and
present danger.
(b) The individual who received crisis response services
gives express consent to the testimony.
(c) If the individual who received crisis response
services is deceased, the surviving spouse or the executor or
administrator of the estate of the deceased individual gives
express consent.
(d) The individual who received crisis response services
voluntarily testifies, in which case the team member may be
compelled to testify on the same subject.
(e) The court in camera determines that the information
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As Introduced
communicated by the individual who received crisis response
services is not germane to the relationship between the
individual and the team member.
(f) The communication or advice pertains or is related to
any criminal act.
(3) As used in division (K) (J) of this section:
(a) "Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to
individuals affected by crisis or disaster.
(b) "Critical incident stress management team member" or
"team member" means an individual specially trained to provide
crisis response services as a member of an organized community
or local crisis response team that holds membership in the Ohio
critical incident stress management network.
(c) "Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.
(L)(1) (K)(1) Subject to division (L)(2) (K)(2) of this
section and except as provided in division (L)(3) (K)(3) of this
section, an employee assistance professional, concerning a
communication made to the employee assistance professional by a
client in the employee assistance professional's official
capacity as an employee assistance professional.
(2) Division (L)(1) (K)(1) of this section applies to an
employee assistance professional who meets either or both of the
following requirements:
(a) Is certified by the employee assistance certification
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937 S. B. No. 61 Page 33
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commission to engage in the employee assistance profession;
(b) Has education, training, and experience in all of the
following:
(i) Providing workplace-based services designed to address
employer and employee productivity issues;
(ii) Providing assistance to employees and employees'
dependents in identifying and finding the means to resolve
personal problems that affect the employees or the employees'
performance;
(iii) Identifying and resolving productivity problems
associated with an employee's concerns about any of the
following matters: health, marriage, family, finances, substance
abuse or other addiction, workplace, law, and emotional issues;
(iv) Selecting and evaluating available community
resources;
(v) Making appropriate referrals;
(vi) Local and national employee assistance agreements;
(vii) Client confidentiality.
(3) Division (L)(1) (K)(1) of this section does not apply
to any of the following:
(a) A criminal action or proceeding involving an offense
under sections 2903.01 to 2903.06 of the Revised Code if the
employee assistance professional's disclosure or testimony
relates directly to the facts or immediate circumstances of the
offense;
(b) A communication made by a client to an employee
assistance professional that reveals the contemplation or
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964 S. B. No. 61 Page 34
As Introduced
commission of a crime or serious, harmful act;
(c) A communication that is made by a client who is an
unemancipated minor or an adult adjudicated to be incompetent
and indicates that the client was the victim of a crime or
abuse;
(d) A civil proceeding to determine an individual's mental
competency or a criminal action in which a plea of not guilty by
reason of insanity is entered;
(e) A civil or criminal malpractice action brought against
the employee assistance professional;
(f) When the employee assistance professional has the
express consent of the client or, if the client is deceased or
disabled, the client's legal representative;
(g) When the testimonial privilege otherwise provided by
division (L)(1) (K)(1) of this section is abrogated under law.
Sec. 2317.021. (A) As used in division (A) of section
2317.02 of the Revised Code:
"Client" means a person, firm, partnership, corporation,
or other association that, directly or through any
representative, consults an attorney for the purpose of
retaining the attorney or securing legal service or advice from
the attorney in the attorney's professional capacity, or
consults an attorney employee for legal service or advice, and
who communicates, either directly or through an agent, employee,
or other representative, with such attorney; and includes an
incompetent person whose guardian so consults the attorney in
behalf of the incompetent person.
Where a corporation or association is a client having the
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992 S. B. No. 61 Page 35
As Introduced
privilege and it has been dissolved, the privilege shall extend
to the last board of directors, their successors or assigns, or
to the trustees, their successors or assigns.
This section shall be construed as in addition to, and not
in limitation of, other laws affording protection to
communications under the attorney-client privilege.
(B) As used in this section and in sections section
2317.02 and 2317.03 of the Revised Code, "incompetent" or
"incompetent person" means a person who is so mentally impaired,
as a result of a mental or physical illness or disability, as a
result of an intellectual disability, or as a result of chronic
substance abuse, that the person is incapable of taking proper
care of the person's self or property or fails to provide for
the person's family or other persons for whom the person is
charged by law to provide.
Sec. 2317.41. "Photograph" as used in this section
includes but is not limited to microphotograph, a roll or strip
of film, a roll or strip of microfilm, a photostatic copy, or an
optically-imaged copy.
To the extent that a record would be competent evidence
under section 2317.40 of the Revised Code the Rules of Evidence ,
a photograph of such record shall be competent evidence if the
custodian of the photograph or the person who made such
photograph or under whose supervision such photograph was made
testifies to the identity of and the mode of making such
photograph, and if, in the opinion of the trial court, the
record has been destroyed or otherwise disposed of in good faith
in the regular course of business, and the mode of making such
photograph was such as to justify its admission. If a photograph
is admissible under this section, the court may admit the whole
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1022 S. B. No. 61 Page 36
As Introduced
or a part thereof.
Such photograph shall be admissible only if the party
offering it has delivered a copy of it, or so much thereof as
relates to the controversy, to the adverse party a reasonable
time before trial, unless in the opinion of the court the
adverse party has not been unfairly surprised by the failure to
deliver such copy. No such photograph need be submitted to the
adverse party as prescribed in this section unless the original
instrument would be required to be so submitted.
Sec. 2317.422. (A) Notwithstanding sections 2317.40 and
2317.41 of the Revised Code but subject Subject to division (B)
of this section, the records, or copies or photographs of the
records, of a hospital, homes required to be licensed pursuant
to section 3721.01 of the Revised Code, and residential
facilities licensed pursuant to section 5119.34 of the Revised
Code that provides accommodations, supervision, and personal
care services for three to sixteen unrelated adults, in lieu of
the testimony in open court of their custodian, person who made
them, or person under whose supervision they were made, may be
qualified as authentic evidence if any such person endorses
thereon the person's verified certification identifying such
records, giving the mode and time of their preparation, and
stating that they were prepared in the usual course of the
business of the institution. Such records, copies, or
photographs may not be qualified by certification as provided in
this section unless the party intending to offer them delivers a
copy of them, or of their relevant portions, to the attorney of
record for each adverse party not less than five days before
trial. Nothing in this section shall be construed to limit the
right of any party to call the custodian, person who made such
records, or person under whose supervision they were made, as a
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1053 S. B. No. 61 Page 37
As Introduced
witness.
(B) Division (A) of this section does not apply to any
certified copy of the results of any test given to determine the
presence or concentration of alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of
a controlled substance in a patient's whole blood, blood serum
or plasma, breath, or urine at any time relevant to a criminal
offense that is submitted in a criminal action or proceeding in
accordance with division (B)(2)(b) or (B)(3)(b) of section
2317.02 of the Revised Code.
Sec. 2939.03. Except for a foreperson selected by the
judge of the court of common pleas under section 2939.02 of the
Revised Codethe Rules of Criminal Procedure , 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.
Sec. 2939.06. (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
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1083 S. B. No. 61 Page 38
As Introduced
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
March 24, 2003, a court impaneling a grand jury uses the grand
juror's oath that was in effect prior to the effective date of
this amendment March 24, 2003, 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.
Sec. 2941.61. After a demurrer to an indictment is
overruled, the accused may plead under section 2943.03 of the
Revised Codethe Rules of Criminal Procedure .
Sec. 2943.02. An accused person shall be arraigned by the
clerk of the court of common pleas, or his deputy, reading the
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1113 S. B. No. 61 Page 39
As Introduced
indictment or information to the accused, unless the accused or
his attorney waives the reading thereof. He shall then be asked
to plead thereto. Arraignment shall be made immediately after
the disposition of exceptions to the indictment, if any are
filed, or, if no exceptions are filed, after reasonable
opportunity has been given the accused to file such exceptions.
Sec. 2945.51. 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 the
defendant before the officer at the time of taking such
deposition. Such The sheriff or deputy or other person having
custody of the defendant shall be reimbursed for actual
reasonable traveling expenses for himself self 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 The sheriff
shall receive as fees therefor, one dollar for each day in
attendance thereatat the place of the taking of the deposition .
Such fees and traveling expenses shall be taxed and collected as
other fees and costs in the case.
Sec. 2945.52. 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 the counsel shall be paid a reasonable fee for
histhe counsel's services in taking such deposition, in addition
to the compensation allowed for defending such the defendant, to
be fixed by the court. HeThe counsel shall also be allowed
histhe counsel's actual expenses incurred in going to and from
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1144 S. B. No. 61 Page 40
As Introduced
the place of taking the deposition.
Sec. 2945.53. 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 Codethe Rules of Criminal Procedure , 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.
Sec. 2945.54. 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.
Section 2. That existing sections 109.04, 1901.021,
1901.14, 1901.22, 1907.20, 2111.011, 2307.23, 2317.02, 2317.021,
2317.41, 2317.422, 2939.03, 2939.06, 2941.61, 2943.02, 2945.51,
2945.52, 2945.53, and 2945.54 of the Revised Code are hereby
repealed.
Section 3. That sections 1901.16, 1901.41, 1907.21,
1907.231, 2101.12, 2101.121, 2101.14, 2101.141, 2301.141,
2317.03, 2317.40, 2317.42, 2939.02, 2939.11, 2939.19, 2939.20,
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1174 S. B. No. 61 Page 41
As Introduced
2941.021, 2943.03, 2943.04, 2945.12, 2945.30, 2945.31, 2945.33,
2945.34, 2945.41, 2945.45, and 2945.50 of the Revised Code are
hereby repealed.
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