Allow felony defendants to request indictment by open grand jury

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 527

2025-2026

Representative Williams

A
BILL

To
amend sections 109.83, 109.84, 109.85, 109.86, 121.22, 177.03,
307.52, 325.07, 701.03, 1901.21, 2151.43, 2152.13, 2301.25, 2335.08,
2930.09, 2933.62, 2933.63, 2935.36, 2937.09, 2937.10, 2937.12,
2939.02, 2939.03, 2939.06, 2939.07, 2939.08, 2939.09, 2939.10,
2939.11, 2939.12, 2939.13, 2939.14, 2939.15, 2939.16, 2939.17,
2939.19, 2939.23, 2939.24, 2941.06, 2941.58, 2951.041, 2953.33,
3515.13, 3701.14, 3701.17, 3701.24, and 4113.22 and to enact sections
2937.111, 2939.061, and 2939.071 of the Revised Code
to
allow felony defendants to request an alternative system of
indictment by open grand jury.

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

Section
1.
That
sections 109.83, 109.84, 109.85, 109.86, 121.22, 177.03, 307.52,
325.07, 701.03, 1901.21, 2151.43, 2152.13, 2301.25, 2335.08, 2930.09,
2933.62, 2933.63, 2935.36, 2937.09, 2937.10, 2937.12, 2939.02,
2939.03, 2939.06, 2939.07, 2939.08, 2939.09, 2939.10, 2939.11,
2939.12, 2939.13, 2939.14, 2939.15, 2939.16, 2939.17, 2939.19,
2939.23, 2939.24, 2941.06, 2941.58, 2951.041, 2953.33, 3515.13,
3701.14, 3701.17, 3701.24, and 4113.22 be amended and sections
2937.111, 2939.061, and 2939.071 of the Revised Code be enacted to
read as follows:

Sec.
109.83.
(A)
When directed by the governor or general assembly, the attorney
general may investigate any organized criminal activity in this
state. When it appears to the attorney general, as a result of an
investigation conducted pursuant to this division, that there is
cause to prosecute for the commission of a crime, the attorney
general shall refer the evidence to the prosecuting attorney having
jurisdiction of the matter, to a regular
secret

grand
jury drawn and impaneled pursuant to sections 2939.01 to 2939.24 of
the Revised Code, or to a special
secret

grand
jury drawn and impaneled pursuant to section 2939.17 of the Revised
Code. When the crime or the elements of the crime were committed in
two or more counties, the referral shall be to the prosecuting
attorney, the regular
secret

grand
jury, or a special
secret

grand
jury of the county in which the most significant portion of the crime
or the elements of the crime occurred or, if it is not possible to
determine that county, the county with the largest population. When
evidence is referred directly to a
secret

grand
jury pursuant to this section, the attorney general and any assistant
or special counsel designated by the attorney general has the
exclusive right to appear at any time before the
secret

grand
jury to give information relative to a legal matter cognizable by it,
or to advise upon a legal matter when required, and may exercise all
rights, privileges, and powers of prosecuting attorneys in such
cases.

(B)(1)
When information is referred to the attorney general by an organized
crime task force or the organized crime investigations commission
pursuant to section 177.03 of the Revised Code, the attorney general
shall review the information so referred and upon a determination
that there is cause to prosecute for the commission of a crime, the
attorney general either shall refer the information as evidence to a
regular or special

secret

grand jury in the manner described in, and in the county determined
in accordance with the provisions of, division (A) of this section or
shall initiate a criminal action or proceeding in a court of proper
jurisdiction. If an indictment is returned by a
secret

grand
jury pursuant to a referral made under this division, the attorney
general has sole responsibility to prosecute the accused offender.

(2)
The attorney general, and any assistant or special counsel designated
by the attorney general who appears under this division in any county
for the prosecution of any crime has the same powers and authority as
a prosecuting attorney, including, but not limited to, powers
relating to attendance before the courts and grand juries of the
county, preparation and trial of indictments for crimes, and
representation of the state in any criminal proceeding, in any civil
proceeding related to the crime, or in any appeal from a criminal
case or from a civil case related to the crime in any court of this
state.

(C)
When proceeding under the authority of this section, the attorney
general may appear for the state in any court or tribunal of proper
jurisdiction for the purpose of conducting investigations under
division (A) of this section, or for the purpose of conducting
criminal proceedings, civil proceedings, or any other proceeding that
is necessary to promote and safeguard the public interests of the
citizens of this state.

(D)
This section shall not be construed to prevent the attorney general
and prosecuting attorneys or special prosecutors from cooperating in
the investigation and prosecution of offenses under this section.
However, in cases in which information was referred to the attorney
general by an organized crime task force because the office of a
prosecuting attorney was implicated by an investigation conducted by
the task force, the attorney general shall not inform the implicated
prosecutor of the investigation or referral and shall not cooperate
with the prosecutor on the matter.

(E)
As used in this section, "organized criminal activity" has
the same meaning as in section 177.01 of the Revised Code.

Sec.
109.84.
(A)
Upon the written request of the governor, the industrial commission,
the administrator of workers' compensation, or upon the attorney
general's becoming aware of criminal or improper activity related to
Chapter 4121. or 4123. of the Revised Code, the attorney general
shall investigate any criminal or civil violation of law related to
Chapter 4121. or 4123. of the Revised Code.

(B)
When it appears to the attorney general, as a result of an
investigation under division (A) of this section, that there is cause
to prosecute for the commission of a crime or to pursue a civil
remedy,
he
the
attorney general

may refer the evidence to the prosecuting attorney having
jurisdiction of the matter, or to a regular
secret

grand
jury drawn and impaneled pursuant to sections 2939.01 to 2939.24 of
the Revised Code, or to a special
secret

grand
jury drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or

he

the attorney general

may initiate and prosecute any necessary criminal or civil actions in
any court or tribunal of competent jurisdiction in this state. When
proceeding under this section, the attorney general has all rights,
privileges, and powers of prosecuting attorneys, and any assistant or
special counsel designated by
him

the attorney general

for that purpose has the same authority.

(C)
The attorney general shall be reimbursed by the bureau of workers'
compensation for all actual and necessary costs incurred in
conducting investigations requested by the governor, the commission,
or the administrator and all actual and necessary costs in conducting
the prosecution arising out of such investigation.

Sec.
109.85.
(A)
Upon the written request of the governor, the general assembly, the
auditor of state, the medicaid director, the director of health, or
the director of budget and management, or upon the attorney general's
becoming aware of criminal or improper activity related to Chapter
3721.
of
the Revised Code

and the medicaid program, the attorney general shall investigate any
criminal or civil violation of law related to Chapter 3721. of the
Revised Code or the medicaid program.

(B)
When it appears to the attorney general, as a result of an
investigation under division (A) of this section, that there is cause
to prosecute for the commission of a crime or to pursue a civil
remedy, the attorney general may refer the evidence to the
prosecuting attorney having jurisdiction of the matter, or to a
regular
secret

grand
jury drawn and impaneled pursuant to sections 2939.01 to 2939.24 of
the Revised Code, or to a special
secret

grand
jury drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any
necessary criminal or civil actions in any court or tribunal of
competent jurisdiction in this state. When proceeding under this
section, the attorney general, and any assistant or special counsel
designated by the attorney general for that purpose, have all rights,
privileges, and powers of prosecuting attorneys. The attorney general
shall have exclusive supervision and control of all investigations
and prosecutions initiated by the attorney general under this
section. The forfeiture provisions of Chapter 2981. of the Revised
Code apply in relation to any such criminal action initiated and
prosecuted by the attorney general.

(C)
Nothing in this section shall prevent a county prosecuting attorney
from investigating and prosecuting criminal activity related to
Chapter 3721. of the Revised Code and the medicaid program. The
forfeiture provisions of Chapter 2981. of the Revised Code apply in
relation to any prosecution of criminal activity related to the
medicaid program undertaken by the prosecuting attorney.

Sec.
109.86.
(A)
The attorney general shall investigate any activity the attorney
general has reasonable cause to believe is in violation of section
2903.34 of the Revised Code. Upon written request of the governor,
the general assembly, the auditor of state, or the director of
health, job and family services, aging, mental health and addiction
services, or developmental disabilities, the attorney general shall
investigate any activity these persons believe is in violation of
section 2903.34 of the Revised Code. If after an investigation the
attorney general has probable cause to prosecute for the commission
of a crime, the attorney general shall refer the evidence to the
prosecuting attorney, director of law, or other similar chief legal
officer having jurisdiction over the matter. If the prosecuting
attorney decides to present the evidence to a
secret

grand
jury, the prosecuting attorney shall notify the attorney general in
writing of the decision within thirty days after referral of the
matter and shall present the evidence prior to the discharge of the
next regular
secret

grand
jury. If the director of law or other chief legal officer decides to
prosecute the case, the director or officer shall notify the attorney
general in writing of the decision within thirty days and shall
initiate prosecution within sixty days after the matter was referred
to the director or officer.

(B)
If the prosecuting attorney, director of law, or other chief legal
officer fails to notify the attorney general or to present evidence
or initiate prosecution in accordance with division (A) of this
section, the attorney general may present the evidence to a regular

secret

grand
jury drawn and impaneled pursuant to sections 2939.01 to 2939.24 of
the Revised Code, or to a special
secret

grand
jury drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any action
in any court or tribunal of competent jurisdiction in this state. The
attorney general, and any assistant or special counsel designated by
the attorney general, have all the powers of a prosecuting attorney,
director of law, or other chief legal officer when proceeding under
this section. Nothing in this section shall limit or prevent a
prosecuting attorney, director of law, or other chief legal officer
from investigating and prosecuting criminal activity committed
against a resident or patient of a care facility.

Sec.
121.22.
(A)
This section shall be liberally construed to require public officials
to take official action and to conduct all deliberations upon
official business only in open meetings unless the subject matter is
specifically excepted by law.

(B)
As used in this section:

(1)
"Public body" means any of the following:

(a)
Any board, commission, committee, council, or similar decision-making
body of a state agency, institution, or authority, and any
legislative authority or board, commission, committee, council,
agency, authority, or similar decision-making body of any county,
township, municipal corporation, school district, or other political
subdivision or local public institution;

(b)
Any committee or subcommittee of a body described in division
(B)(1)(a) of this section;

(c)
A court of jurisdiction of a sanitary district organized wholly for
the purpose of providing a water supply for domestic, municipal, and
public use when meeting for the purpose of the appointment, removal,
or reappointment of a member of the board of directors of such a
district pursuant to section 6115.10 of the Revised Code, if
applicable, or for any other matter related to such a district other
than litigation involving the district. As used in division (B)(1)(c)
of this section, "court of jurisdiction" has the same
meaning as "court" in section 6115.01 of the Revised Code.

(2)
"Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.

(3)
"Regulated individual" means either of the following:

(a)
A student in a state or local public educational institution;

(b)
A person who is, voluntarily or involuntarily, an inmate, patient, or
resident of a state or local institution because of criminal
behavior, mental illness, an intellectual disability, disease,
disability, age, or other condition requiring custodial care.

(4)
"Public office" has the same meaning as in section 149.011
of the Revised Code.

(C)
All meetings of any public body are declared to be public meetings
open to the public at all times. A member of a public body shall be
present in person at a meeting open to the public to be considered
present or to vote at the meeting and for purposes of determining
whether a quorum is present at the meeting.

The
minutes of a regular or special meeting of any public body shall be
promptly prepared, filed, and maintained and shall be open to public
inspection. The minutes need only reflect the general subject matter
of discussions in executive sessions authorized under division (G) or
(J) of this section.

(D)
This section does not apply to any of the following:

(1)
A
secret

grand
jury;

(2)
An audit conference conducted by the auditor of state or independent
certified public accountants with officials of the public office that
is the subject of the audit;

(3)
The adult parole authority when its hearings are conducted at a
correctional institution for the sole purpose of interviewing inmates
to determine parole or pardon and the department of rehabilitation
and correction when its hearings are conducted at a correctional
institution for the sole purpose of making determinations under
section 2967.271 of the Revised Code regarding the release or
maintained incarceration of an offender to whom that section applies;

(4)
The organized crime investigations commission established under
section 177.01 of the Revised Code;

(5)
Meetings of a child fatality review board established under section
307.621 of the Revised Code, meetings related to a review conducted
pursuant to guidelines established by the director of health under
section 3701.70 of the Revised Code, and meetings conducted pursuant
to sections 5153.171 to 5153.173 of the Revised Code;

(6)
The state medical board when determining whether to suspend a license
or certificate without a prior hearing pursuant to division (G) of
either section 4730.25 or 4731.22 of the Revised Code;

(7)
The board of nursing when determining whether to suspend a license or
certificate without a prior hearing pursuant to division (B) of
section 4723.281 of the Revised Code;

(8)
The state board of pharmacy when determining whether to do either of
the following:

(a)
Suspend a license, certification, or registration without a prior
hearing, including during meetings conducted by telephone conference,
pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised
Code and rules adopted thereunder; or

(b)
Restrict a person from obtaining further information from the drug
database established in section 4729.75 of the Revised Code without a
prior hearing pursuant to division (C) of section 4729.86 of the
Revised Code.

(9)
The state chiropractic board when determining whether to suspend a
license without a hearing pursuant to section 4734.37 of the Revised
Code;

(10)
The executive committee of the emergency response commission when
determining whether to issue an enforcement order or request that a
civil action, civil penalty action, or criminal action be brought to
enforce Chapter 3750. of the Revised Code;

(11)
The board of directors of the nonprofit corporation formed under
section 187.01 of the Revised Code or any committee thereof, and the
board of directors of any subsidiary of that corporation or a
committee thereof;

(12)
An audit conference conducted by the audit staff of the department of
job and family services with officials of the public office that is
the subject of that audit under section 5101.37 of the Revised Code;

(13)
The occupational therapy section of the occupational therapy,
physical therapy, and athletic trainers board when determining
whether to suspend a license without a hearing pursuant to division
(E) of section 4755.11 of the Revised Code;

(14)
The physical therapy section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (F) of
section 4755.47 of the Revised Code;

(15)
The athletic trainers section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (E) of
section 4755.64 of the Revised Code;

(16)
Meetings of the pregnancy-associated mortality review board
established under section 3738.01 of the Revised Code;

(17)
Meetings of a fetal-infant mortality review board established under
section 3707.71 of the Revised Code;

(18)
Meetings of a drug overdose fatality review committee described in
section 307.631 of the Revised Code;

(19)
Meetings of a suicide fatality review committee described in section
307.641 of the Revised Code;

(20)
Meetings of the officers, members, or directors of an existing
qualified nonprofit corporation that creates a special improvement
district under Chapter 1710. of the Revised Code, at which the public
business of the corporation pertaining to a purpose for which the
district is created is not discussed;

(21)
Meetings of a domestic violence fatality review board established
under section 307.651 of the Revised Code;

(22)
Any nonprofit agency that has received an endorsement under section
122.69 of the Revised Code.

(E)
The controlling board, the tax credit authority, or the minority
development financing advisory board, when meeting to consider
granting assistance pursuant to Chapter 122. or 166. of the Revised
Code, in order to protect the interest of the applicant or the
possible investment of public funds, by unanimous vote of all board
or authority members present, may close the meeting during
consideration of the following information confidentially received by
the authority or board from the applicant:

(1)
Marketing plans;

(2)
Specific business strategy;

(3)
Production techniques and trade secrets;

(4)
Financial projections;

(5)
Personal financial statements of the applicant or members of the
applicant's immediate family, including, but not limited to, tax
records or other similar information not open to public inspection.

The
vote by the authority or board to accept or reject the application,
as well as all proceedings of the authority or board not subject to
this division, shall be open to the public and governed by this
section.

(F)
Every public body, by rule, shall establish a reasonable method
whereby any person may determine the time and place of all regularly
scheduled meetings and the time, place, and purpose of all special
meetings. A public body shall not hold a special meeting unless it
gives at least twenty-four hours' advance notice to the news media
that have requested notification, except in the event of an emergency
requiring immediate official action. In the event of an emergency,
the member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place, and
purpose of the meeting.

The
rule shall provide that any person, upon request and payment of a
reasonable fee, may obtain reasonable advance notification of all
meetings at which any specific type of public business is to be
discussed. Provisions for advance notification may include, but are
not limited to, mailing the agenda of meetings to all subscribers on
a mailing list or mailing notices in self-addressed, stamped
envelopes provided by the person.

(G)
Except as provided in divisions (G)(8) and (J) of this section, the
members of a public body may hold an executive session only after a
majority of a quorum of the public body determines, by a roll call
vote, to hold an executive session and only at a regular or special
meeting for the sole purpose of the consideration of any of the
following matters:

(1)
To consider the appointment, employment, dismissal, discipline,
promotion, demotion, or compensation of a public employee or
official, or the investigation of charges or complaints against a
public employee, official, licensee, or regulated individual, unless
the public employee, official, licensee, or regulated individual
requests a public hearing. Except as otherwise provided by law, no
public body shall hold an executive session for the discipline of an
elected official for conduct related to the performance of the
elected official's official duties or for the elected official's
removal from office. If a public body holds an executive session
pursuant to division (G)(1) of this section, the motion and vote to
hold that executive session shall state which one or more of the
approved purposes listed in division (G)(1) of this section are the
purposes for which the executive session is to be held, but need not
include the name of any person to be considered at the meeting.

(2)
To consider the purchase of property for public purposes, the sale of
property at competitive bidding, or the sale or other disposition of
unneeded, obsolete, or unfit-for-use property in accordance with
section 505.10 of the Revised Code, if premature disclosure of
information would give an unfair competitive or bargaining advantage
to a person whose personal, private interest is adverse to the
general public interest. No member of a public body shall use
division (G)(2) of this section as a subterfuge for providing covert
information to prospective buyers or sellers. A purchase or sale of
public property is void if the seller or buyer of the public property
has received covert information from a member of a public body that
has not been disclosed to the general public in sufficient time for
other prospective buyers and sellers to prepare and submit offers.

If
the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.

(3)
Conferences with an attorney for the public body concerning disputes
involving the public body that are the subject of pending or imminent
court action;

(4)
Preparing for, conducting, or reviewing negotiations or bargaining
sessions with public employees concerning their compensation or other
terms and conditions of their employment;

(5)
Matters required to be kept confidential by federal law or
regulations or state statutes;

(6)
Details relative to the security arrangements and emergency response
protocols for a public body or a public office, if disclosure of the
matters discussed could reasonably be expected to jeopardize the
security of the public body or public office;

(7)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code, a joint township hospital operated pursuant to
Chapter 513. of the Revised Code, or a municipal hospital operated
pursuant to Chapter 749. of the Revised Code, to consider trade
secrets, as defined in section 1333.61 of the Revised Code;

(8)
To consider confidential information related to the marketing plans,
specific business strategy, production techniques, trade secrets, or
personal financial statements of an applicant for economic
development assistance, or to negotiations with other political
subdivisions respecting requests for economic development assistance,
provided that both of the following conditions apply:

(a)
The information is directly related to a request for economic
development assistance that is to be provided or administered under
any provision of Chapter 715., 725., 1724., or 1728. or sections
701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69,
5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or
that involves public infrastructure improvements or the extension of
utility services that are directly related to an economic development
project.

(b)
A unanimous quorum of the public body determines, by a roll call
vote, that the executive session is necessary to protect the
interests of the applicant or the possible investment or expenditure
of public funds to be made in connection with the economic
development project.

If
a public body holds an executive session to consider any of the
matters listed in divisions (G)(2) to (8) of this section, the motion
and vote to hold that executive session shall state which one or more
of the approved matters listed in those divisions are to be
considered at the executive session.

A
public body specified in division (B)(1)(c) of this section shall not
hold an executive session when meeting for the purposes specified in
that division.

(H)
A resolution, rule, or formal action of any kind is invalid unless
adopted in an open meeting of the public body. A resolution, rule, or
formal action adopted in an open meeting that results from
deliberations in a meeting not open to the public is invalid unless
the deliberations were for a purpose specifically authorized in
division (G) or (J) of this section and conducted at an executive
session held in compliance with this section. A resolution, rule, or
formal action adopted in an open meeting is invalid if the public
body that adopted the resolution, rule, or formal action violated
division (F) of this section.

(I)(1)
Any person may bring an action to enforce this section. An action
under division (I)(1) of this section shall be brought within two
years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of this
section in an action brought by any person, the court of common pleas
shall issue an injunction to compel the members of the public body to
comply with its provisions.

(2)(a)
If the court of common pleas issues an injunction pursuant to
division (I)(1) of this section, the court shall order the public
body that it enjoins to pay a civil forfeiture of five hundred
dollars to the party that sought the injunction and shall award to
that party all court costs and, subject to reduction as described in
division (I)(2) of this section, reasonable attorney's fees. The
court, in its discretion, may reduce an award of attorney's fees to
the party that sought the injunction or not award attorney's fees to
that party if the court determines both of the following:

(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of violation or threatened violation that
was the basis of the injunction, a well-informed public body
reasonably would believe that the public body was not violating or
threatening to violate this section;

(ii)
That a well-informed public body reasonably would believe that the
conduct or threatened conduct that was the basis of the injunction
would serve the public policy that underlies the authority that is
asserted as permitting that conduct or threatened conduct.

(b)
If the court of common pleas does not issue an injunction pursuant to
division (I)(1) of this section and the court determines at that time
that the bringing of the action was frivolous conduct, as defined in
division (A) of section 2323.51 of the Revised Code, the court shall
award to the public body all court costs and reasonable attorney's
fees, as determined by the court.

(3)
Irreparable harm and prejudice to the party that sought the
injunction shall be conclusively and irrebuttably presumed upon proof
of a violation or threatened violation of this section.

(4)
A member of a public body who knowingly violates an injunction issued
pursuant to division (I)(1) of this section may be removed from
office by an action brought in the court of common pleas for that
purpose by the prosecuting attorney or the attorney general.

(J)(1)
Pursuant to division (C) of section 5901.09 of the Revised Code, a
veterans service commission shall hold an executive session for one
or more of the following purposes unless an applicant requests a
public hearing:

(a)
Interviewing an applicant for financial assistance under sections
5901.01 to 5901.15 of the Revised Code;

(b)
Discussing applications, statements, and other documents described in
division (B) of section 5901.09 of the Revised Code;

(c)
Reviewing matters relating to an applicant's request for financial
assistance under sections 5901.01 to 5901.15 of the Revised Code.

(2)
A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under
sections 5901.01 to 5901.15 of the Revised Code, and shall not
exclude representatives selected by the applicant, recipient, or
former recipient, from a meeting that the commission conducts as an
executive session that pertains to the applicant's, recipient's, or
former recipient's application for financial assistance.

(3)
A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15 of the Revised
Code only in an open meeting of the commission. The minutes of the
meeting shall indicate the name, address, and occupation of the
applicant, whether the assistance was granted or denied, the amount
of the assistance if assistance is granted, and the votes for and
against the granting of assistance.

Sec.
177.03.
(A)
An organized crime task force established under section 177.02 of the
Revised Code to investigate organized criminal activity in a single
county or in two or more counties shall investigate organized
criminal activity within the county or counties in accordance with
the scope and limits established by the organized crime
investigations commission and the task force director. For purposes
of the investigation, the task force director and investigatory staff
shall have the powers of a peace officer throughout the county or
counties in which the investigation is to be undertaken. However, the
authority and powers granted to the director and investigatory staff
under this section do not supplant or diminish the authority and
power provided by the Revised Code to other law enforcement agencies
or their officers or investigators.

An
organized crime task force, in the conduct of its investigation, may
issue subpoenas and subpoenas duces tecum. The task force may compel
the attendance of witnesses and the production of records and papers
of all kinds and description that are relevant to the investigation,
including, but not limited to, any books, accounts, documents, and
memoranda pertaining to the subject of the investigation. Upon the
failure of any person to comply with any lawful order of the task
force, the task force may apply to the court of common pleas of the
proper county for a contempt order, as in the case of disobedience of
the requirements of a subpoena issued from the court of common pleas,
or a refusal to testify thereon.

(B)
This section and section 177.02 of the Revised Code do not prevent an
organized crime task force from cooperating with other law
enforcement agencies of this state, a political subdivision of this
state, another state, a political subdivision of another state, or
the United States, or their officers or investigators in the
investigation and prosecution of any offenses comprising organized
criminal activity.

(C)(1)
If an organized crime task force, either prior to the commencement of
or during the course of its investigation of organized criminal
activity in a single county or in two or more counties, has reason to
believe that the investigation will require it to engage in
substantial investigative activities in a particular municipal
corporation or township in the county or any of the counties, the
task force director shall notify the commission chairperson of that
belief and the reasons for that belief. The chairperson shall present
that belief and those reasons to the commission, and, if the
commission determines that there is a compelling reason to notify a
local law enforcement agency that has jurisdiction within that
municipal corporation or township that the task force will be
engaging in investigative activities in the municipal corporation or
township, the commission, subject to division (C)(2) of this section,
shall provide written notice of that fact as follows:

(a)
If the investigative activities will be engaged in in a township or
in a municipal corporation that does not have a police department or
similar law enforcement agency, the commission shall provide the
notice to the sheriff of the county in which the township or
municipal corporation is located.

(b)
If the investigative activities will be engaged in in a municipal
corporation that has a police department or similar law enforcement
agency, the commission shall provide the notice to the chief law
enforcement officer of the department or agency.

(2)
The notice described in division (C)(1) of this section shall not be
provided to a sheriff or chief law enforcement officer if it appears
to the commission, based upon the complaint filed and any information
relative to it or based upon any information that the commission may
have received, that there is reason to believe that the office of
that sheriff or chief law enforcement officer is implicated in the
organized criminal activity being investigated.

(D)(1)
If an organized crime task force determines, pursuant to its
investigation of organized criminal activity in a single county or in
two or more counties, that there is not reasonable cause to believe
that organized criminal activity has occurred or is occurring in the
county or in any of the counties, it shall report its determination
to the commission, terminate its task force activities, and disband.

(2)(a)
If a task force determines, pursuant to its investigation of
organized criminal activity in a single county or in two or more
counties, that there is reasonable cause to believe that organized
criminal activity has occurred or is occurring in the county or in
any of the counties, it shall report its determination to the
commission and, except as provided in division (D)(3) of this
section, shall refer a copy of all of the information gathered during
the course of the investigation to the prosecuting attorney who has
jurisdiction over the matter and inform the prosecuting attorney that
the prosecuting attorney has thirty days to decide whether the
prosecuting attorney should present the information to a
secret

grand
jury and that, if the prosecuting attorney intends to make a
presentation of the information to the
secret

grand
jury, the prosecuting attorney has to give the commission written
notice of that intention. If the organized criminal activity occurred
or is occurring in two or more counties, the referral of the
information shall be to the prosecuting attorney of the county in
which the most significant portion of the activity occurred or is
occurring or, if it is not possible to determine that county, the
county with the largest population.

If
a prosecuting attorney who has been referred information under this
division fails to notify the commission in writing, within thirty
days after the referral, that the prosecuting attorney will present
the information to the
secret

grand
jury of the prosecuting attorney's county, the task force, except as
provided in division (D)(2)(b) of this section, shall refer a copy of
all of the information to the attorney general, who shall proceed
according to division (B) of section 109.83 of the Revised Code. If
the prosecuting attorney fails to notify the commission in writing
within that time that the prosecuting attorney will present the
information to the
secret

grand
jury, the prosecuting attorney promptly shall return all of the
information that the task force referred to the prosecuting attorney
under this division.

If
a prosecuting attorney who has been referred information under this
division notifies the commission in writing, within thirty days after
the referral, of the prosecuting attorney's intention to present the
information referred to the prosecuting attorney to the
secret

grand
jury of the prosecuting attorney's county, the prosecuting attorney
shall proceed promptly to present the information as evidence to the

secret

grand
jury and shall notify the commission of the
secret

grand
jury's final actions, findings of indictments, or reports. The
prosecuting attorney may disclose to the attorney general any matters
occurring before the
secret

grand
jury that are disclosed to the prosecuting attorney for use in the
performance of the prosecuting attorney's duties. The prosecuting
attorney shall present the information as evidence to the
secret

grand
jury prior to the discharge of the next regular
secret

grand
jury. If the prosecuting attorney fails to present the information as
evidence within that time, the commission, except as provided in
division (D)(2)(b) of this section, shall notify the attorney
general, the task force shall refer a copy of all of the information
to the attorney general, and the attorney general may proceed as if
the prosecuting attorney had declined under this division to accept
the matter. If the prosecuting attorney fails to present the
information as evidence within that time, the prosecuting attorney
promptly shall return to the task force all of the information that
the task force had referred to the prosecuting attorney under this
division.

(b)
If a prosecuting attorney who has been referred information under
division (D)(2)(a) of this section fails to notify the commission in
accordance with that division that the prosecuting attorney will
present the information to the
secret

grand
jury, and the task force that conducted the investigation determines,
pursuant to its investigation, that the office of the attorney
general is implicated in organized criminal activity, the task force
shall not contact or refer any information to the attorney general
but shall report its determinations and refer all of the information
to the commission. If a prosecuting attorney who has been referred
information under division (D)(2)(a) of this section notifies the
commission in accordance with that division that the prosecuting
attorney intends to present the information to the
secret

grand
jury but fails to do so prior to the discharge of the next regular

secret

grand
jury, and the task force that conducted the investigation determines,
pursuant to the investigation, that the office of the attorney
general is implicated in organized criminal activity, neither the
commission nor the task force shall contact or refer any information
to the attorney general. Instead, the task force shall report its
determinations and refer all of the information gathered during the
course of the investigation to the commission.

In
either such case, the commission shall review the information, and,
if a majority of the members of the commission determine that the
office of the attorney general is implicated, the chairperson of the
commission shall appear before the presiding judge of the court of
common pleas or of the court of appeals for the county in which the
prosecuting attorney who was referred the information serves and
request the appointment of a special prosecutor to handle the matter.
If the presiding judge finds that there is reasonable cause to
believe that organized criminal activity has occurred or is occurring
in the county or in any of the counties served by the task force and
that the office of the attorney general is implicated, the judge
shall appoint a special prosecutor to perform the functions of
prosecuting attorney of the county in relation to the matter. The
commission shall refer a copy of all of the information gathered
during the course of the investigation to the special prosecutor. The
special prosecutor shall review the information so referred and, upon
a determination that there is cause to prosecute for the commission
of a crime, the special prosecutor shall proceed promptly to present
the information so referred to the
secret

grand
jury and shall notify the commission of the
secret

grand
jury's final actions, findings of indictments, or reports. A special
prosecutor appointed under this division shall not inform the
attorney general of the investigation or referral of information and
shall not cooperate with the attorney general on the matter.

(3)
If a task force determines, pursuant to its investigation of
organized criminal activity in a single county or in two or more
counties, that there is reasonable cause to believe that organized
criminal activity has occurred or is occurring in the county or in
any of the counties, and that the office of a prosecuting attorney
who normally would be referred the information gathered during the
course of the investigation pursuant to division (D)(2) of this
section is implicated by the information in organized criminal
activity, the task force shall not contact or refer any information
to the prosecuting attorney. Instead it shall report its
determinations and refer all of the information gathered during the
course of the investigation to the commission. The commission shall
review the information, and if a majority of the members of the
commission determine that the office of the prosecuting attorney is
implicated in organized criminal activity, the chairperson of the
commission shall appear before the presiding judge of the court of
common pleas or of the court of appeals for the county in which that
prosecuting attorney serves and request the appointment of a special
prosecutor to handle the matter. If the presiding judge finds that
there is reasonable cause to believe that organized criminal activity
has occurred or is occurring in the county or in any of the counties
served by the task force and that the office of the prosecuting
attorney in question is implicated in organized criminal activity,
the judge shall appoint a special prosecutor to perform the functions
of prosecuting attorney of the county in relation to the matter, and
the commission shall refer a copy of all of the information gathered
during the course of the investigation to the special prosecutor. It
shall inform the special prosecutor that the special prosecutor has
thirty days to decide whether the special prosecutor should present
the information to a
secret

grand
jury and that if the special prosecutor intends to make a
presentation of the information to the
secret

grand
jury, the special prosecutor has to give the commission written
notice of that intention. A special prosecutor appointed under this
division shall not inform the implicated prosecuting attorney of the
investigation or referral of information and shall not cooperate with
the prosecutor on the matter.

If
a special prosecutor who has been referred information under this
division fails to notify the commission in writing, within thirty
days after the referral, that the special prosecutor will present the
information to the
secret

grand
jury of the county, or if the presiding judge is requested pursuant
to this division to appoint a special prosecutor but the judge does
not do so, the commission shall refer a copy of all of the
information to the attorney general, who shall proceed according to
division (B) of section 109.83 of the Revised Code. Upon such a
failure of a special prosecutor to notify the commission, the special
prosecutor promptly shall return to the commission all of the
information that the commission had referred to the special
prosecutor under this division.

If
a special prosecutor who has been referred information under this
division notifies the commission in writing, within thirty days after
the referral, of the special prosecutor's intention to present the
information referred to the special prosecutor to the
secret

grand
jury of the county, the special prosecutor shall proceed promptly to
present the information as evidence to the
secret

grand
jury and shall notify the commission of the
secret

grand
jury's final actions, findings of indictments, or reports. The
special prosecutor may disclose to the attorney general any matters
occurring before the
secret

grand
jury that are disclosed to the special prosecutor for use in the
performance of the special prosecutor's duties. The information shall
be presented as evidence to the
secret

grand
jury prior to the discharge of the next regular
secret

grand
jury. If the special prosecutor fails to present the information as
evidence within that time, the commission shall notify the attorney
general and refer a copy of all of the information to the attorney
general, the attorney general may proceed as if the special
prosecutor had declined under this division to accept the matter, and
the special prosecutor promptly shall return to the commission all of
the information that the commission had referred to the special
prosecutor under this division.

(4)
The referral of information by a task force to a prosecuting
attorney, to the attorney general, to the commission, or to a special
prosecutor under this division, the content, scope, and subject of
any information so referred, and the identity of any person who was
investigated by the task force shall be kept confidential by the task
force and its director, investigatory staff, and employees, by the
commission and its director, employees, and consultants, by the
prosecuting attorney and the prosecuting attorney's assistants and
employees, by the special prosecutor and the special prosecutor's
assistants and employees, and by the attorney general and the
attorney general's assistants and employees until an indictment is
returned or a criminal action or proceeding is initiated in a court
of proper jurisdiction.

(5)
Any information gathered by a task force during the course of its
investigation that is in the possession of the task force, a
prosecuting attorney, the attorney general, the commission, or a
special prosecutor, and any record that pertains to any such
information and that is maintained by the task force, a prosecuting
attorney, the attorney general, the commission, or a special
prosecutor is a confidential law enforcement investigatory record for
purposes of section 149.43 of the Revised Code. However, no provision
contained in this division or that section affects or limits or shall
be construed as affecting or limiting any right of discovery granted
to any person under the Revised Code, the Rules of Criminal
Procedure, or the Rules of Juvenile Procedure.

(6)
In no case shall the commission, a task force, a prosecuting
attorney, a special prosecutor, or the attorney general publicly
issue a report or summary that identifies or enables the
identification of any person who has been or is being investigated
under sections 177.01 to 177.03 of the Revised Code unless an
indictment is returned against the person or a criminal action or
proceeding is initiated against the person in a court of proper
jurisdiction.

(7)
For purposes of divisions (C) and (D) of this section, the office of
a prosecuting attorney, the attorney general, a sheriff, or a chief
law enforcement officer shall be considered as being implicated in
organized criminal activity only if the prosecuting attorney,
attorney general, sheriff, or chief law enforcement officer, one or
more of the assistants, deputies, or officers thereof, or one or more
of the employees thereof has committed or attempted or conspired to
commit, is committing or attempting or conspiring to commit, or has
engaged in or is engaging in complicity in the commission of,
organized criminal activity.

(8)
For purposes of this section, notification by a prosecuting attorney
or special prosecutor may be accomplished by certified mail or any
other documentation that is agreed upon by the prosecuting attorney
or special prosecutor and the commission or their representatives.
Notice by certified mail is complete upon mailing.

(E)
If an organized crime task force has probable cause to believe,
pursuant to its investigation of organized criminal activity in a
single county or in two or more counties, that a law of another state
or the United States has been or is being violated, the task force
director shall notify the commission chairperson of that belief and
the reasons for that belief. The chairperson shall present that
belief and those reasons to the commission and, if the commission
determines that there is probable cause to believe that such a law
has been or is being violated, the commission may refer the matter to
the attorney general of the other state or to the appropriate United
States attorney, whichever is applicable, and provide that attorney
general or United States attorney with a copy of relevant
information.

Sec.
307.52.
Upon
the certificate of the prosecuting attorney or

his

assistant
of
the prosecuting attorney

that the services of an expert or the testimony of expert witnesses
in the examination or trial of a person accused of the commission of
crime, or before
the

a

grand
jury, were or will be necessary to the proper administration of
justice, the board of county commissioners may allow and pay the
expert such compensation as it deems just and proper and as the court
approves.

Sec.
325.07.
In
addition to the compensation and salary provided by section 325.06 of
the Revised Code, the board of county commissioners shall make
allowances monthly to each sheriff for the actual and necessary
expenses incurred and expended by the sheriff in pursuing within or
without the state or transporting persons accused or convicted of
crimes and offenses, for any expenses incurred in conveying and
transferring persons to or from any state hospital for persons with
mental illnesses, any institution for persons with intellectual
disabilities, any institution operated by the youth commission,
children's homes, county homes, and all similar institutions, and for
all expenses of maintaining transportation facilities necessary to
the proper administration of the duties of the sheriff's office.

The
board shall allow the sheriff the actual transportation expense and
telephone tolls expended by the sheriff in serving civil processes
and subpoenaing witnesses in civil and criminal cases and before
the

a

grand
jury, and it may allow any other necessary transportation expense for
the proper administration of the duties of the sheriff's office. Each
sheriff shall file under oath a monthly report containing a full,
accurate, and itemized account of all the sheriff's actual and
necessary expenses, including telephone tolls and any other
transportation expense mentioned in this section, before the expense
is allowed by the board. The statement shall show the number of the
case, the court in which the service was rendered, and the point from
which a transportation vehicle was used.

For
the purpose of making available to the sheriff funds necessary in the
performance of the duties required under this section, the board may
authorize, as an advancement to the sheriff, a sum not exceeding
fifty per cent of the sheriff's annual salary, from appropriations
made to the sheriff by the board for pursuing prisoners within or
without the state or for transporting the prisoners to correctional
institutions, or both, and for transporting persons to the
institutions enumerated in this section, from which sum of money so
advanced the necessary expenses for the transportation or pursuance
may be paid by the sheriff. The county auditor shall draw a warrant
upon the county treasurer, in favor of the sheriff, as authorized by
the board.

After
the itemized monthly report provided for in this section has been
filed by the sheriff and approved and allowed by the board, the board
shall restore to the fund the amount expended and disbursed by the
sheriff, as approved and allowed by the board.

Any
unexpended balance of such fund remaining in the hands of the
sheriff, at the end of each succeeding fiscal year, shall be returned
and paid into the county treasury by the sheriff.

Sec.
701.03.
The
general assembly, by a committee; the governor; the legislative
authority of the municipal corporation, by a committee; the mayor or
the board of health of a municipal corporation; the judge of any
court of this state; the
secret

grand
jury of the county; or a duly authorized representative of the
governor may at any time visit and inspect any of the benevolent or
correctional institutions established by a municipal corporation, and
examine the books and accounts thereof.

Sec.
1901.21.
(A)
In a criminal case or proceeding, the practice, procedure, and mode
of bringing and conducting prosecutions for offenses shall be as
provided in the Criminal Rules, and the power of the court in
relation to the prosecution is the same as the power that is
conferred upon county courts.

In
any civil case or proceeding for which no special provision is made
in this chapter, the practice and procedure in the case or proceeding
shall be the same as in courts of common pleas. If no practice or
procedure for the case or proceeding is provided for in the courts of
common pleas, then the practice or procedure of county courts shall
apply.

(B)
In the Cleveland municipal court, all bonds for the appearance of a
defendant charged with an offense, when the offense is bailable,
shall be entered into before the clerk of the municipal court and
approved by

him

the clerk
;
and the surety in them shall be qualified by the clerk.

One
surety in every such bond shall be a resident within the jurisdiction
of the court; the sureties shall own property worth double the sum to
be secured and shall have real estate within Cuyahoga county liable
to execution of a value equal to the sum to be secured; and when two
or more sureties are offered to the same bond, they shall have in the
aggregate the qualification prescribed. The bond shall require the
defendant to appear before the court to answer the charge against

him

the defendant
,
or before the court of common pleas when the defendant is held to
the

a

grand
jury.

The
bond shall clearly disclose the full name of each surety, together
with the residence address, and there shall be indorsed on it a
brief, but pertinent, description of the real estate owned by each
surety.

When
the bond is entered into, approved, and accepted, it becomes a
subsisting lien on the real estate of the surety in it, upon which

he

the surety

has qualified, until the bond has been exonerated or discharged.

A
copy of every such bond, certified under the seal of the court by the
clerk as a true copy, shall be filed by

him

the clerk

with the county recorder of Cuyahoga county forthwith unless in the
meantime the defendant has been acquitted or discharged by the court.
The recorder shall provide a suitable record book, properly indexed,
in which

he shall

to

record all bonds certified to

him

the recorder
.
The recorder shall be entitled to receive from the clerk, such fees
and record charges as are now authorized by law for recording deeds
and mortgages; and such fees and charges shall be taxed by the clerk
in the costs of the respective cases, and shall be paid to the
recorder by the clerk from funds in

his

the clerk's

hands upon certified vouchers or bills rendered by the recorder.

The
clerk shall transmit to the recorder each day a certified list, under
the seal of the court, of all bonds which have been exonerated or
discharged, and the recorder shall note on the margin of the record
of each bond the discharge or satisfaction of it, and the lien on the
real estate of the surety in such bond shall thereby be canceled and
discharged.

The
clerk shall not approve or accept as surety, on any such bond, any
person who is then liable on any bond previously executed in the
municipal court, unless it appears to the satisfaction of the clerk
that the person offering

himself

self

as surety has sufficient equity in

his

the person's

real estate over and above

his

the person's

liability on the prior bonds, to justify the subsequent bond, or
unless the prior bonds have been exonerated and discharged.

The
clerk may tax in the costs of the case, such fees for making the
copies and certificates required in this section as the court by rule
provides.

In
all misdemeanor cases, the clerk, in lieu of the sureties required by
this section, may accept a deposit of money, in United States legal
tender, in an amount equal to the penal sum stipulated in the bond,
and in any felony case a judge of the municipal court may direct the
clerk to accept such a deposit in an amount fixed by the judge, which
amount shall be the sum stipulated in the bond, and such deposit
shall be retained by the clerk as security on it until the bond has
been exonerated and discharged. If any such bond is forfeited, the
clerk shall apply the money so deposited in satisfaction of any
judgment that may be rendered on the bond, and the depositor of such
fund shall surrender and forfeit all right in and to the deposit to
the extent of such judgment.

Sec.
2151.43.
In
cases against an adult under sections 2151.01 to 2151.54 of the
Revised Code, any person may file an affidavit with the clerk of the
juvenile court setting forth briefly, in plain and ordinary language,
the charges against the accused who shall be tried thereon. When the
child is a recipient of aid pursuant to Chapter 5107. of the Revised
Code, the county department of job and family services shall file
charges against any person who fails to provide support to a child in
violation of section 2919.21 of the Revised Code, unless the
department files charges under section 3113.06 of the Revised Code,
or unless charges of nonsupport are filed by a relative or guardian
of the child, or unless action to enforce support is brought under
Chapter 3115. of the Revised Code.

In
such prosecution an indictment by
the

a

grand
jury or information by the prosecuting attorney shall not be
required. The clerk shall issue a warrant for the arrest of the
accused, who, when arrested, shall be taken before the juvenile judge
and tried according to such sections.

The
affidavit may be amended at any time before or during the trial.

The
judge may bind such adult over to
the

a
secret
grand
jury, where the act complained of constitutes a felony.

Sec.
2152.13.
(A)
A juvenile court shall impose a serious youthful dispositional
sentence on a child when required under division (B)(3) of section
2152.121 of the Revised Code. In such a case, the remaining
provisions of this division and divisions (B) and (C) do not apply to
the child, and the court shall impose the mandatory serious youthful
dispositional sentence under division (D)(1) of this section.

In
all other cases, a juvenile court may impose a serious youthful
offender dispositional sentence on a child only if the prosecuting
attorney of the county in which the delinquent act allegedly occurred
initiates the process against the child in accordance with this
division, and the child is an alleged delinquent child who is
eligible for the dispositional sentence. The prosecuting attorney may
initiate the process in any of the following ways:

(1)
Obtaining an indictment of the child as a serious youthful offender;

(2)
The child waives the right to indictment, charging the child in a
bill of information as a serious youthful offender;

(3)
Until an indictment or information is obtained, requesting a serious
youthful offender dispositional sentence in the original complaint
alleging that the child is a delinquent child;

(4)
Until an indictment or information is obtained, if the original
complaint does not request a serious youthful offender dispositional
sentence, filing with the juvenile court a written notice of intent
to seek a serious youthful offender dispositional sentence within
twenty days after the later of the following, unless the time is
extended by the juvenile court for good cause shown:

(a)
The date of the child's first juvenile court hearing regarding the
complaint;

(b)
The date the juvenile court determines not to transfer the case under
section 2152.12 of the Revised Code.

After
a written notice is filed under division (A)(4) of this section, the
juvenile court shall serve a copy of the notice on the child and
advise the child of the prosecuting attorney's intent to seek a
serious youthful offender dispositional sentence in the case.

(B)
If an alleged delinquent child is not indicted or charged by
information as described in division (A)(1) or (2) of this section
and if a notice or complaint as described in division (A)(3) or (4)
of this section indicates that the prosecuting attorney intends to
pursue a serious youthful offender dispositional sentence in the
case, the juvenile court shall hold a preliminary hearing to
determine if there is probable cause that the child committed the act
charged and is by age eligible for, or required to receive, a serious
youthful offender dispositional sentence.

(C)(1)
A child for whom a serious youthful offender dispositional sentence
is sought by a prosecuting attorney has the right to a
secret

grand
jury determination of probable cause that the child committed the act
charged and that the child is eligible by age for a serious youthful
offender dispositional sentence. The
secret

grand
jury may be impaneled by the court of common pleas or the juvenile
court.

Once
a child is indicted, or charged by information or the juvenile court
determines that the child is eligible for a serious youthful offender
dispositional sentence, the child is entitled to an open and speedy
trial by jury in juvenile court and to be provided with a transcript
of the proceedings. The time within which the trial is to be held
under Title XXIX of the Revised Code commences on whichever of the
following dates is applicable:

(a)
If the child is indicted or charged by information, on the date of
the filing of the indictment or information.

(b)
If the child is charged by an original complaint that requests a
serious youthful offender dispositional sentence, on the date of the
filing of the complaint.

(c)
If the child is not charged by an original complaint that requests a
serious youthful offender dispositional sentence, on the date that
the prosecuting attorney files the written notice of intent to seek a
serious youthful offender dispositional sentence.

(2)
If the child is detained awaiting adjudication, upon indictment or
being charged by information, the child has the same right to bail as
an adult charged with the offense the alleged delinquent act would be
if committed by an adult. Except as provided in division (D) of
section 2152.14 of the Revised Code, all provisions of Title XXIX of
the Revised Code and the Criminal Rules shall apply in the case and
to the child. The juvenile court shall afford the child all rights
afforded a person who is prosecuted for committing a crime including
the right to counsel and the right to raise the issue of competency.
The child may not waive the right to counsel.

(D)(1)
If a child is adjudicated a delinquent child for committing an act
under circumstances that require the juvenile court to impose upon
the child a serious youthful offender dispositional sentence under
section 2152.11 of the Revised Code, all of the following apply:

(a)
The juvenile court shall impose upon the child a sentence available
for the violation, as if the child were an adult, under Chapter 2929.
of the Revised Code, except that the juvenile court shall not impose
on the child a sentence of death or life imprisonment without parole.

(b)
The juvenile court also shall impose upon the child one or more
traditional juvenile dispositions under sections 2152.16, 2152.19,
and 2152.20, and, if applicable, section 2152.17 of the Revised Code.

(c)
The juvenile court shall stay the adult portion of the serious
youthful offender dispositional sentence pending the successful
completion of the traditional juvenile dispositions imposed.

(2)(a)
If a child is adjudicated a delinquent child for committing an act
under circumstances that allow, but do not require, the juvenile
court to impose on the child a serious youthful offender
dispositional sentence under section 2152.11 of the Revised Code, all
of the following apply:

(i)
If the juvenile court on the record makes a finding that, given the
nature and circumstances of the violation and the history of the
child, the length of time, level of security, and types of
programming and resources available in the juvenile system alone are
not adequate to provide the juvenile court with a reasonable
expectation that the purposes set forth in section 2152.01 of the
Revised Code will be met, the juvenile court may impose upon the
child a sentence available for the violation, as if the child were an
adult, under Chapter 2929. of the Revised Code, except that the
juvenile court shall not impose on the child a sentence of death or
life imprisonment without parole.

(ii)
If a sentence is imposed under division (D)(2)(a)(i) of this section,
the juvenile court also shall impose upon the child one or more
traditional juvenile dispositions under sections 2152.16, 2152.19,
and 2152.20 and, if applicable, section 2152.17 of the Revised Code.

(iii)
The juvenile court shall stay the adult portion of the serious
youthful offender dispositional sentence pending the successful
completion of the traditional juvenile dispositions imposed.

(b)
If the juvenile court does not find that a sentence should be imposed
under division (D)(2)(a)(i) of this section, the juvenile court may
impose one or more traditional juvenile dispositions under sections
2152.16, 2152.19, 2152.20, and, if applicable, section 2152.17 of the
Revised Code.

(3)
A child upon whom a serious youthful offender dispositional sentence
is imposed under division (D)(1) or (2) of this section has a right
to appeal under division (A)(1), (3), (4), or (5) of section 2953.08
of the Revised Code the adult portion of the serious youthful
offender dispositional sentence when any of those divisions apply.
The child may appeal the adult portion, and the court shall consider
the appeal as if the adult portion were not stayed.

Sec.
2301.25.
When
ordered by the prosecuting attorney or the defendant in a criminal
case or when ordered by a judge of the court of common pleas in
either civil or criminal cases, the costs of transcripts shall be
taxed as costs in the case, collected as other costs, whether the
transcripts have been prepaid or not, as provided by section 2301.24
of the Revised Code, paid by the clerk of the court of common pleas
quarterly into the county treasury, and credited to the general fund.
If, upon final judgment, the costs or any part of the costs are
adjudged against a defendant in a criminal case, the defendant shall
be allowed credit on the cost bill of the amount paid for the
transcript the defendant ordered and, if the costs are finally
adjudged against the state, the defendant shall have the defendant's
deposit refunded. All transcripts shall be taken and received as
prima-facie evidence of their correctness. If the testimony of
witnesses is taken before
the

a

grand
jury by reporters, they shall receive for the transcripts the same
compensation and be paid in the same manner as provided in this
section and section 2301.24 of the Revised Code.

Sec.
2335.08.
Each
witness attending, under recognizance or subpoena issued by order of
the prosecuting attorney or defendant, before
the

a

grand
jury or the common pleas court, any division of the common pleas
court, a county court, or a county-operated municipal court, in
criminal causes, shall be allowed the same fees as provided by
section 2335.06 of the Revised Code in civil causes, to be taxed in
only one cause when such witness is attending in more causes than one
on the same days, unless otherwise directed by special order of the
court. When certified to the county auditor by the clerk of the
court, such fees shall be paid from the county treasury, and except
as to
the

a

grand
jury, taxed in the bill of costs. In state cases such fees shall be
paid out of the county treasury, and in ordinance cases they shall be
paid out of the treasury of the municipal corporation, upon the
certificates of the judge or magistrate, and they shall be taxed in
the bill of costs.

When
the fees enumerated by this section have been collected from the
judgment debtor, they shall be paid to the public treasury from which
such fees were advanced.

Sec.
2930.09.
(A)(1)
A victim and victim's representative in a case, if applicable, have
the right to be present, during any public proceeding, other than a

secret

grand
jury proceeding. At any stage of the case at which the victim is
present, the court shall permit the victim to be accompanied by an
individual to provide support to the victim, a victim advocate and
victim representative. The victim, victim's representative, and
victim's attorney, if applicable, have the right to be heard by the
court at any proceeding in which any right of the victim is
implicated. If present, the victim, victim's representative, and
victim's attorney, if applicable, have the right to be heard orally,
in writing, or both.

(2)(a)
If the victim or victim's representative is not present at a court
proceeding in which a right of the victim is at issue, the court
shall ask the prosecutor all of the following:

(i)
Whether the victim and victim's representative, if the victim or
victim's representative requested notifications, were notified of the
time, place, and purpose of the court proceeding;

(ii)
To disclose to the court any and all attempts made to give each
victim and victim's representative, if applicable, notice;

(iii)
Whether the victim or
victim

victim's

representative
were advised that the victim and victim's representative had a right
to be heard at the court proceeding;

(iv)
Whether the victim and

victim

victim's

representative were conferred with pursuant to section 2930.06 of the
Revised Code.

(b)
If the court determines that timely notice was not given to the
victim and victim's representative, if applicable, or that the victim
and victim's representative were not adequately informed of the
nature of the court proceeding, or that the prosecutor failed to
confer with the victim and victim's representative as required by
section 2930.06 of the Revised Code, the court shall not rule on any
substantive issue that implicates a victim's right, accept a plea, or
impose a sentence and shall continue the court proceeding for the
time necessary to notify the victim and victim's representative, if
applicable, of the time, place, and nature of the court proceeding.

(c)
If the victim or victim's representative is not present at a court
proceeding in which a right of the victim is at issue, the court may
proceed with the hearing if the prosecutor informs the court that the
victim and victim's representative, if the victim or victim's
representative requested notifications, were notified of the time,
place, and purpose of the court proceeding and that the victim or
victim's representative had a right to be heard at the court
proceeding, and any and all attempts to give each victim and victim's
representative, if applicable, notice. The prosecutor shall inform
the court of the victim's and victim's representative's, if
applicable, position on the matter before the court, if the position
is known to the prosecutor.

(B)(1)
The victim and victim's representative, if applicable, have the right
to be present and be heard at any proceeding in which a negotiated
plea for the defendant or alleged juvenile offender will be presented
to the court. If present, the victim, victim's representative, and
victim's attorney, if applicable, have the right to be heard orally,
in writing, or both prior to the acceptance of the plea by the court.

(2)
The victim and the victim's representative, if applicable, have a
right to elect to not be present at a proceeding in which a
negotiated plea for the defendant or alleged juvenile offender will
be presented to the court, unless a subpoena was served on the victim
or victim's representative, if applicable, compelling the presence of
the victim or the victim's representative.

(C)
The court shall not accept a negotiated plea agreement if the victim
or the victim's representative is absent from the proceeding unless
all of the following apply:

(1)
The prosecutor advises the court that before requesting and agreeing
to a negotiated plea, the prosecutor conferred with the victim and
victim's representative, if applicable, pursuant to section 2930.06
of the Revised Code, if the victim or victim's representative
requested to confer with the prosecutor.

(2)
The prosecutor made reasonable efforts to give the victim and
victim's representative, if applicable, notice of the plea
proceedings and to inform the victim and victim's representative of
the victim's and victim's representative's right to be present and be
heard at the plea proceedings.

(3)
The prosecutor discloses to the court any and all attempts made to
give each victim and victim's representative, if applicable, notice
of the plea agreement, including the offense or delinquent act to
which the defendant or alleged juvenile offender will plead guilty,
the date that the plea will be presented to the court, and the terms
of any sentence or disposition agreed to as part of the negotiated
plea.

(4)
The prosecutor informs the court of any objection by the victim or
victim's representative to the plea agreement.

(5)
The prosecutor advises the court that to the best of the prosecutor's
knowledge the notice requirements of this chapter have been complied
with.

(D)
The victim and victim's representative, if applicable, have the right
to be present and be heard orally, in writing, or both at any
proceeding in which the court conducts a hearing on the post-arrest
release of the person accused of committing a criminal offense or
delinquent act against the victim or the conditions of that release,
including the arraignment or initial appearance.

(E)
The victim and victim's representative, if applicable, have the right
to be present and be heard orally, in writing, or both at any
probation or community control revocation disposition proceeding or
any proceeding in which the court is requested to terminate the
probation or community control of the person who is convicted of
committing a criminal offense or delinquent act against the victim.

(F)
The victim and victim's representative, if applicable, have the right
to be heard orally, in writing, or both at any proceeding in which
the court is requested to modify the terms of probation or community
control of a person if the modification will affect the person's
contact with or the safety of the victim or if the modification
involves restitution or incarceration status.

(G)
Nothing in this section requires a prosecutor to disclose victim
contact information.

Sec.
2933.62.
(A)
No part of the contents, and no evidence derived from the contents,
of any intercepted wire, oral, or electronic communication shall be
received in evidence in any trial, hearing, or other proceedings in
or before any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority of this
state or of a political subdivision of this state, if the disclosure
of that information is in violation of sections 2933.51 to 2933.66 of
the Revised Code.

(B)
The contents, or any evidence derived from the contents, of any wire,
oral, or electronic communication intercepted pursuant to sections
2933.51 to 2933.66 of the Revised Code shall not be received in
evidence or otherwise disclosed in any trial, hearing, or other
proceeding held under the authority of this state, other than a
proceeding or session of
the

a
secret
grand
jury, unless each party has been furnished not less than ten days
before the trial, hearing, or proceeding, with a copy of the
interception warrant and the related application, or a written
representation of a judge of a court of common pleas or of a
prosecuting attorney or specifically designated assistant prosecuting
attorney that an oral order for an interception has been granted
pursuant to section 2933.57 of the Revised Code, under which the
interception was authorized or approved. The judge or other officer
conducting the trial, hearing, or other proceeding may waive the
ten-day period if the judge or officer finds that it was not possible
to furnish the party with the above information at least ten days
before the trial, hearing, or proceeding, and that the party will not
be prejudiced by the delay in receiving the information.

Sec.
2933.63.
(A)
Any aggrieved person in any trial, hearing, or proceeding in or
before any court, department, officer, agency, regulatory body, or
other authority of this state or of a political subdivision of this
state, other than a
secret

grand
jury, may request the involved court, department, officer, agency,
body, or authority, by motion, to suppress the contents, or evidence
derived from the contents, of a wire, oral, or electronic
communication intercepted pursuant to sections 2933.51 to 2933.66 of
the Revised Code for any of the following reasons:

(1)
The communication was unlawfully intercepted.

(2)
The interception warrant under which the communication was
intercepted is insufficient on its face.

(3)
The interception was not made in conformity with the interception
warrant or an oral order for an interception granted under section
2933.57 of the Revised Code.

(4)
The communications are of a privileged character and a special need
for their interception is not shown or is inadequate as shown.

(B)
Any motion filed pursuant to division (A) of this section shall be
made before the trial, hearing, or proceeding at which the contents,
or evidence derived from the contents, is to be used, unless there
was no opportunity to make the motion or the aggrieved person was not
aware of the intercepted communications or the grounds of the motion.
Upon the filing of the motion by the aggrieved person, the judge or
other officer conducting the trial, hearing, or proceeding may make
available to the aggrieved person or the person's counsel for
inspection any portions of the intercepted communication or evidence
derived from the intercepted communication as the judge or other
officer determines to be in the interest of justice. If the judge or
other officer grants the motion to suppress evidence pursuant to this
section, the contents, or the evidence derived from the contents, of
the intercepted wire, oral, or electronic communications shall be
treated as having been obtained in violation of the law, and the
contents and evidence derived from the contents shall not be received
in evidence in any trial, hearing, or proceeding.

(C)
In addition to any other right to appeal, the state shall have an
appeal as of right from an order granting a motion to suppress the
contents, or evidence derived from the contents, of a wire, oral, or
electronic communication that was intercepted pursuant to an
interception warrant or an oral order for an interception granted
under section 2933.57 of the Revised Code, or the denial of an
application for an interception warrant, if the state's
representative certifies to the judge or other official who granted
the motion or denied the application that the appeal is not taken for
purposes of delay. Any appeal shall be taken within thirty days after
the date the order was entered and shall be diligently prosecuted.

Sec.
2935.36.
(A)
The prosecuting attorney may establish pre-trial diversion programs
for adults who are accused of committing criminal offenses and whom
the prosecuting attorney believes probably will not offend again. The
prosecuting attorney may require, as a condition of an accused's
participation in the program, the accused to pay a reasonable fee for
supervision services that include, but are not limited to, monitoring
and drug testing. The programs shall be operated pursuant to written
standards approved by journal entry by the presiding judge or, in
courts with only one judge, the judge of the court of common pleas
and shall not be applicable to any of the following:

(1)
Repeat offenders or dangerous offenders;

(2)
Persons accused of an offense of violence, of a violation of section
2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31, 2907.32,
2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02, 2921.11,
2921.12, 2921.32, or 2923.20 of the Revised Code, or of a violation
of section 2905.01, 2905.02, or 2919.23 of the Revised Code that, had
it occurred prior to July 1, 1996, would have been a violation of
section 2905.04 of the Revised Code as it existed prior to that date,
with the exception that the prosecuting attorney may permit persons
accused of any such offense to enter a pre-trial diversion program,
if the prosecuting attorney finds any of the following:

(a)
The accused did not cause, threaten, or intend serious physical harm
to any person;

(b)
The offense was the result of circumstances not likely to recur;

(c)
The accused has no history of prior delinquency or criminal activity;

(d)
The accused has led a law-abiding life for a substantial time before
commission of the alleged offense;

(e)
Substantial grounds tending to excuse or justify the alleged offense.

(3)
Persons accused of a violation of Chapter 2925. or 3719. of the
Revised Code, with the exception that the prosecuting attorney may
permit persons accused of any of the following to enter a pre-trial
diversion program:

(a)
A misdemeanor, fifth degree felony, or fourth degree felony violation
of section 2925.11 of the Revised Code;

(b)
A misdemeanor violation of section 2925.12, 2925.13, or division
(C)(1) of section 2925.14 of the Revised Code.

(4)
Persons accused of a violation of section 4511.19 of the Revised Code
or a violation of any substantially similar municipal ordinance;

(5)(a)
Persons who are accused of an offense while operating a commercial
motor vehicle or persons who hold a commercial driver's license and
are accused of any offense, if conviction of the offense would
disqualify the person from operating a commercial motor vehicle under
Chapter 4506. of the Revised Code or would subject the person to any
other sanction under that chapter;

(b)
As used in division (A)(5) of this section, "commercial driver's
license" and "commercial motor vehicle" have the same
meanings as in section 4506.01 of the Revised Code.

(B)
An accused who enters a diversion program shall do all of the
following:

(1)
Waive, in writing and contingent upon the accused's successful
completion of the program, the accused's right to a speedy trial, the
preliminary hearing, the time period within which
the

a

grand
jury may consider an indictment against the accused, and arraignment,
unless the hearing, indictment, or arraignment has already occurred;

(2)
Agree, in writing, to the tolling while in the program of all periods
of limitation established by statutes or rules of court, that are
applicable to the offense with which the accused is charged and to
the conditions of the diversion program established by the
prosecuting attorney;

(3)
Agree, in writing, to pay any reasonable fee for supervision services
established by the prosecuting attorney.

(C)
The trial court, upon the application of the prosecuting attorney,
shall order the release from confinement of any accused who has
agreed to enter a pre-trial diversion program and shall discharge and
release any existing bail and release any sureties on recognizances
and shall release the accused on a recognizance bond conditioned upon
the accused's compliance with the terms of the diversion program. The
prosecuting attorney shall notify every victim of the crime and the
arresting officers of the prosecuting attorney's intent to permit the
accused to enter a pre-trial diversion program. The victim of the
crime and the arresting officers shall have the opportunity to file
written objections with the prosecuting attorney prior to the
commencement of the pre-trial diversion program.

(D)
If the accused satisfactorily completes the diversion program, the
prosecuting attorney shall recommend to the trial court that the
charges against the accused be dismissed, and the court, upon the
recommendation of the prosecuting attorney, shall dismiss the
charges. If the accused chooses not to enter the prosecuting
attorney's diversion program, or if the accused violates the
conditions of the agreement pursuant to which the accused has been
released, the accused may be brought to trial upon the charges in the
manner provided by law, and the waiver executed pursuant to division
(B)(1) of this section shall be void on the date the accused is
removed from the program for the violation.

(E)
As used in this section:

(1)
"Repeat offender" means a person who has a history of
persistent criminal activity and whose character and condition reveal
a substantial risk that the person will commit another offense. It is
prima-facie evidence that a person is a repeat offender if any of the
following applies:

(a)
Having been convicted of one or more offenses of violence and having
been imprisoned pursuant to sentence for any such offense, the person
commits a subsequent offense of violence;

(b)
Having been convicted of one or more sexually oriented offenses or
child-victim oriented offenses, both as defined in section 2950.01 of
the Revised Code, and having been imprisoned pursuant to sentence for
one or more of those offenses, the person commits a subsequent
sexually oriented offense or child-victim oriented offense;

(c)
Having been convicted of one or more theft offenses as defined in
section 2913.01 of the Revised Code and having been imprisoned
pursuant to sentence for one or more of those theft offenses, the
person commits a subsequent theft offense;

(d)
Having been convicted of one or more felony drug abuse offenses as
defined in section 2925.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those felony drug
abuse offenses, the person commits a subsequent felony drug abuse
offense;

(e)
Having been convicted of two or more felonies and having been
imprisoned pursuant to sentence for one or more felonies, the person
commits a subsequent offense;

(f)
Having been convicted of three or more offenses of any type or degree
other than traffic offenses, alcoholic intoxication offenses, or
minor misdemeanors and having been imprisoned pursuant to sentence
for any such offense, the person commits a subsequent offense.

(2)
"Dangerous offender" means a person who has committed an
offense, whose history, character, and condition reveal a substantial
risk that the person will be a danger to others, and whose conduct
has been characterized by a pattern of repetitive, compulsive, or
aggressive behavior with heedless indifference to the consequences.

Sec.
2937.09.
If
the charge is a felony, the court or magistrate shall, before
receiving a plea of guilty, advise the accused that such plea
constitutes an admission which may be used against

him

the accused

at a later trial. If the defendant enters a written plea of guilty
or, pleading not guilty, affirmatively waives the right to have the
court or magistrate take evidence concerning the offense, the court
or magistrate forthwith and without taking evidence may find that the
crime has been committed and that there is probable and reasonable
cause to hold the defendant for trial pursuant to indictment by
the

a

grand
jury, and, if the offense is bailable, require the accused to enter
into recognizance in such amount as it determines to appear before
the court of common pleas pursuant to indictment, otherwise to be
confined until
the

a

grand
jury has considered and reported the matter.

Sec.
2937.10.
If
the charge
be

is

a
felony and there
be

is

no
written plea of guilty

or
,

waiver
of examination
,
or waiver of open grand jury
,
or the court or magistrate refuses to receive
such

a

waiver

of examination or open grand jury
,
the court or magistrate, with the consent of the prosecutor and the
accused, may set the matter for hearing forthwith
,
otherwise he
.
Otherwise the court or magistrate

shall set the matter for hearing at a fixed time in the future and
shall notify both prosecutor and defendant promptly of such time of
hearing.

Sec.
2937.111.
(A)
When a defendant first appears before a judge or magistrate, the
judge or magistrate shall permit the defendant or the defendant's
counsel to read the complaint and shall inform the defendant that the
defendant has a right to a preliminary hearing or an open grand jury
in a felony case when the defendant's initial appearance is not
pursuant to indictment.

(B)
In felony cases a defendant is entitled to a preliminary hearing or
an open grand jury unless waived in writing. If the defendant waives
the preliminary hearing and open grand jury, the judge or magistrate
shall order the defendant bound over to the court of common pleas. If
the defendant does not waive the preliminary hearing and the open
grand jury, the judge or magistrate shall schedule a preliminary
hearing within a reasonable time, but not later than ten consecutive
days following the arrest or service of summons if the defendant is
in custody and not later than fifteen consecutive days following
arrest or summons if the defendant is not in custody.

(C)
A defendant in a felony case who has not waived in writing the
preliminary hearing and the open grand jury may elect to demand,
through an open grand jury, that the state provide probable cause to
believe the crime charged or another felony occurred. An open grand
jury under this section shall operate in the same manner as a secret
grand jury except that the proceedings are open to the public and the
defendant shall have the opportunity, at the conclusion of the
presentation of the state's case, to move for discharge for failure
of proof or to offer evidence on the defendant's own behalf.

(D)
Prior to the offering of evidence on behalf of the defendant, unless
the defendant is then represented by counsel, the prosecutor shall
advise the defendant of all of the following:

(1)
That any testimony of witnesses offered by the defendant in the
proceeding may, if unfavorable in any particular, be used against the
defendant at later trial;

(2)
That the defendant may make a statement, not under oath, regarding
the charge, for the purpose of explaining the facts in evidence;

(3)
That the defendant may refuse to make any statement and such refusal
may not be used against the defendant at trial;

(4)
That any statement the defendant makes may be used against the
defendant at trial.

(E)
If a defendant demands an open grand jury under division (C) of this
section, the judge or magistrate shall refer the case to an open
grand jury unless either of the following has occurred:

(1)
The state, upon objection to the referral, establishes that the case
should proceed to a secret grand jury for indictment to prevent
destruction of evidence, to address the defendant's flight risk, or
to mitigate a risk that the defendant would cause harm to others upon
release.

(2)
A secret grand jury has already returned an indictment in the case.

(F)
If the state establishes any of the exigencies or circumstances
listed in division (E) of this section, the case shall proceed to a
secret grand jury and the defendant may be held, pending indictment,
for up to ten consecutive days following the arrest or service of
summons.

Sec.
2937.12.
(A)
At the conclusion of the presentation of the state's case
in
a preliminary hearing, the
accused
may move for discharge for failure of proof or may offer evidence on

his

the accused's

own behalf. Prior to the offering of evidence on behalf of the
accused, unless accused is then represented by counsel, the court or
magistrate shall advise accused:

(1)
That any testimony of witnesses offered by

him

the accused

in the proceeding may, if unfavorable in any particular, be used
against

him

the accused

at later trial;

(2)
That accused

himself

personally

may make a statement, not under oath, regarding the charge, for the
purpose of explaining the facts in evidence;

(3)
That

he

the accused

may refuse to make any statement and such refusal may not be used
against

him

the accused

at
trials
trial
;

(4)
That any statement

he

the accused

makes may be used against

him

the accused

at trial.

(B)
Upon conclusion of all the evidence and the statement, if any, of the
accused, the court or magistrate shall either:

(1)
Find that the crime alleged has been committed and that there is
probable and reasonable cause to hold or recognize defendant to
appear before the court of common pleas of the county or any other
county in which venue appears, for trial pursuant to indictment by
a
secret
grand
jury;

(2)
Find that there is probable cause to hold or recognize defendant to
appear before the court of common pleas for trial pursuant to
indictment or information on such other charge, felony or
misdemeanor, as the evidence indicates was committed by accused;

(3)
Find that a misdemeanor was committed and there is probable cause to
recognize accused to appear before

himself

the court or magistrate

or some other court inferior to the court of common pleas for trial
upon such charge;

(4)
Order the accused discharged from custody.

Sec.
2939.02.
Grand

Secret
grand
juries

and
open 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

secret

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.

Persons
to serve as open grand jurors shall be selected in the same manner as
secret grand jurors, except that an open grand jury may be impaneled
for an individual case or for a specified term.

At
the time of the selection of the persons who are to constitute
the

a

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.

Sec.
2939.03.
Except
for a foreperson selected by the judge of the court of common pleas
under section 2939.02 of the Revised Code,
a

each

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
secret

grand
jury is impaneled, the court of common pleas shall appoint one of the
members of the
secret

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
secret

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
secret

grand
jury, any proceeding, inquiry, or presentation of the
secret

grand
jury, any indictment or other document found, returned, or issued by
the
secret

grand
jury, or any other action taken by the
secret

grand
jury.

Sec.
2939.061.
(A)
When an open 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 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 a court impaneling an open grand jury uses the secret grand
juror's oath that was in effect for secret grand juries impaneled
prior to the effective date of this section, 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.
2939.07.
The

Secret

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.

Sec.
2939.071.
Open
grand jurors, after being sworn, shall be charged as to their duty by
the judge of the court of common pleas, who shall explain to them the
law applicable to such matters as may be brought before them.

Sec.
2939.08.
After
the charge of the court of common pleas,
the

a
secret
grand
jury shall retire with the officer appointed to attend it, and
proceed to inquire of and present all offenses committed within the
county
,
except for those offenses disposed of by an open grand jury pursuant
to section 2937.111 of the Revised Code
.

Sec.
2939.09.
The

A
secret
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.

Sec.
2939.10.
The
prosecuting attorney or assistant prosecuting attorney may at all
times appear before the
secret

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
secret

grand
jury when the grand jury or the prosecuting attorney finds it
necessary, but no person other than the
secret

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.

Sec.
2939.11.
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
secret

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
secret

grand
jury is sworn, imposing an obligation of secrecy to not disclose any
testimony taken or heard except to the
secret

grand
jury, prosecuting attorney, or attorney general, unless called upon
in court to make disclosures.

Sec.
2939.12.
When
required by
the

a

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.

Sec.
2939.13.
Before
a witness is examined by
the

a

grand
jury, an oath shall be administered to

him

the witness

by the
foreman

foreperson

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

foreperson

of the grand jury, judge, or clerk certifying the attendance of said
witness to the clerk of the court.

Sec.
2939.14.
If
a witness before a
secret

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
secret

grand
jury shall be forthwith informed of such decision.

Sec.
2939.15.
If
the court of common pleas determines that a witness before a
secret

grand
jury is required to answer an interrogatory and such witness persists
in

his refusal

refusing to answer
,

he

the witness

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.

Sec.
2939.16.
In
case of sickness, death, discharge, or nonattendance of a grand juror
after
the

a

grand
jury is sworn, the court may cause another to be sworn in

his

that grand juror's

stead. The court shall charge such juror as required by section
2939.07

or 2939.071

of the Revised Code.

Sec.
2939.17.
After

the

a
secret
grand
jury is discharged, the court of common pleas, when necessary, may
order the drawing and impaneling of a new
secret

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
secret

grand
jury to be summoned, and such special

secret

grand jury may be called and discharge its duties either before,
during, or after any session of the regular
secret

grand
jury, and its proceedings shall be independent of the proceedings of
the regular
secret

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.

Sec.
2939.19.
No

secret

grand
juror may state or testify in court in what manner any member of the

secret

grand
jury voted or what opinion was expressed by any juror on any question
before the
secret

grand
jury.

Sec.
2939.23.
If
an indictment is not found by
the

a

grand
jury, against an accused who has been held to answer, such fact shall
be reported by the

foreman

foreperson

to the court of common pleas.

Sec.
2939.24.
If
a person held in jail charged with an indictable offense is not
indicted at the term of court at which
he

the person

is held to answer,

he

the person

shall be discharged unless:

(A)

He
The
person

was committed on such charge after the discharge of the
secret

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
secret

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.

Sec.
2941.06.
An
indictment may be substantially in the following form:

"The
State of Ohio,)

ss.

___________
County)

In
the Year _______

The
jurors of
the

a

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."

Sec.
2941.58.
When
a motion to quash or a plea in abatement is adjudged in favor of the
accused, the trial court may order the case to be resubmitted to
the

a

grand
jury
,
if then pending, or to the next succeeding grand jury
.
The accused then may be committed to jail or held to bail in such sum
as the trial court requires for

his

the accused's

appearance to answer at a time to be fixed by the court.

Sec.
2951.041.
(A)(1)
If an offender is charged with a criminal offense, including but not
limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21,
2913.31, or 2919.21 of the Revised Code, and the court has reason to
believe that drug or alcohol usage by the offender was a factor
leading to the criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness, was a person with an intellectual disability, or was
a victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the offender's criminal behavior, the court may
accept, prior to the entry of a guilty plea, the offender's request
for intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the offender
had a mental illness, was a person with an intellectual disability,
or was a victim of a violation of section 2905.32 or 2907.21 of the
Revised Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the criminal offense with which the offender is
charged. The request also shall include a waiver of the defendant's
right to a speedy trial, the preliminary
hearing
or open grand jury
hearing,
the time period within which
the

a

grand
jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. Unless an offender alleges that drug or alcohol
usage by the offender was a factor leading to the criminal offense
with which the offender is charged, the court may reject an
offender's request without a hearing. If the court elects to consider
an offender's request or the offender alleges that drug or alcohol
usage by the offender was a factor leading to the criminal offense
with which the offender is charged, the court shall conduct a hearing
to determine whether the offender is eligible under this section for
intervention in lieu of conviction and shall stay all criminal
proceedings pending the outcome of the hearing. If the court
schedules a hearing, the court shall order an assessment of the
offender for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

If
the offender alleges that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged, the court may order that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan. The community addiction services
provider or the properly credentialed professional shall provide a
written assessment of the offender to the court.

(2)
The victim notification provisions of division (E) of section 2930.06
of the Revised Code apply in relation to any hearing held under
division (A)(1) of this section.

(B)
An offender is eligible for intervention in lieu of conviction if the
court finds all of the following:

(1)
The offender previously has not been convicted of or pleaded guilty
to any felony offense of violence.

(2)
The offense is not a felony of the first, second, or third degree, is
not an offense of violence, is not a felony sex offense, is not a
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code, is not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section 4511.19
of the Revised Code or a municipal ordinance that is substantially
similar to that division, and is not an offense for which a
sentencing court is required to impose a mandatory prison term.

(3)
The offender is not charged with a violation of section 2925.02,
2925.04, or 2925.06 of the Revised Code, is not charged with a
violation of section 2925.03 of the Revised Code that is a felony of
the first, second, third, or fourth degree, and is not charged with a
violation of section 2925.11 of the Revised Code that is a felony of
the first or second degree.

(4)
If an offender alleges that drug or alcohol usage by the offender was
a factor leading to the criminal offense with which the offender is
charged, the court has ordered that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan, the offender has been assessed by a
community addiction services provider of that nature or a properly
credentialed professional in accordance with the court's order, and
the community addiction services provider or properly credentialed
professional has filed the written assessment of the offender with
the court.

(5)
If an offender alleges that, at the time of committing the criminal
offense with which the offender is charged, the offender had a mental
illness, was a person with an intellectual disability, or was a
victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to that offense, the offender has been assessed by a
psychiatrist, psychologist, independent social worker, licensed
professional clinical counselor, or independent marriage and family
therapist for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

(6)
The offender's drug usage, alcohol usage, mental illness, or
intellectual disability, or the fact that the offender was a victim
of a violation of section 2905.32 or 2907.21 of the Revised Code,
whichever is applicable, was a factor leading to the criminal offense
with which the offender is charged, intervention in lieu of
conviction would not demean the seriousness of the offense, and
intervention would substantially reduce the likelihood of any future
criminal activity.

(7)
The alleged victim of the offense was not sixty-five years of age or
older, permanently and totally disabled, under thirteen years of age,
or a peace officer engaged in the officer's official duties at the
time of the alleged offense.

(8)
If the offender is charged with a violation of section 2925.24 of the
Revised Code, the alleged violation did not result in physical harm
to any person.

(9)
The offender is willing to comply with all terms and conditions
imposed by the court pursuant to division (D) of this section.

(10)
The offender is not charged with an offense that would result in the
offender being disqualified under Chapter 4506. of the Revised Code
from operating a commercial motor vehicle or would subject the
offender to any other sanction under that chapter.

(C)
At the conclusion of a hearing held pursuant to division (A) of this
section, the court shall determine whether the offender will be
granted intervention in lieu of conviction. In making this
determination, the court shall presume that intervention in lieu of
conviction is appropriate. If the court finds under this division and
division (B) of this section that the offender is eligible for
intervention in lieu of conviction, the court shall grant the
offender's request unless the court finds specific reasons to believe
that the candidate's participation in intervention in lieu of
conviction would be inappropriate.

If
the court denies an eligible offender's request for intervention in
lieu of conviction, the court shall state the reasons for the denial,
with particularity, in a written entry.

If
the court grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary
hearing
or open grand jury
hearing,
the time period within which
the

a

grand
jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. In addition, the court then may stay all criminal
proceedings and order the offender to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section. If the court finds that the offender is not eligible or does
not grant the offender's request, the criminal proceedings against
the offender shall proceed as if the offender's request for
intervention in lieu of conviction had not been made.

(D)
If the court grants an offender's request for intervention in lieu of
conviction, all of the following apply:

(1)
The court shall place the offender under the general control and
supervision of one of the following, as if the offender was subject
to a community control sanction imposed under section 2929.15,
2929.18, or 2929.25 of the Revised Code:

(a)
The county probation department, the adult parole authority, or
another appropriate local probation or court services agency, if one
exists;

(b)
If the court grants the request for intervention in lieu of
conviction during the period commencing on April 4, 2023, and ending
on October 15, 2025, a community-based correctional facility.

(2)
The court shall establish an intervention plan for the offender.

(3)
The terms and conditions of the intervention plan required under
division (D)(2) of this section shall require the offender, for at
least one year, but not more than five years, from the date on which
the court grants the order of intervention in lieu of conviction, to
abstain from the use of illegal drugs and alcohol, to participate in
treatment and recovery support services, and to submit to regular
random testing for drug and alcohol use and may include any other
treatment terms and conditions, or terms and conditions similar to
community control sanctions, which may include community service or
restitution, that are ordered by the court.

(E)
If the court grants an offender's request for intervention in lieu of
conviction and the court finds that the offender has successfully
completed the intervention plan for the offender, including the
requirement that the offender abstain from using illegal drugs and
alcohol for a period of at least one year, but not more than five
years, from the date on which the court granted the order of
intervention in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all other
terms and conditions ordered by the court, the court shall dismiss
the proceedings against the offender. Successful completion of the
intervention plan and period of abstinence under this section shall
be without adjudication of guilt and is not a criminal conviction for
purposes of any disqualification or disability imposed by law and
upon conviction of a crime, and the court may order the sealing or
expungement of records related to the offense in question, as a
dismissal of the charges, in the manner provided in sections 2953.31,
2953.33, 2953.37, and 2953.521 of the Revised Code and divisions (H),
(K), and (L) of section 2953.34 of the Revised Code.

(F)
If the court grants an offender's request for intervention in lieu of
conviction and the offender fails to comply with any term or
condition imposed as part of the intervention plan for the offender,
the supervising authority for the offender promptly shall advise the
court of this failure, and the court shall hold a hearing to
determine whether the offender failed to comply with any term or
condition imposed as part of the plan. If the court determines that
the offender has failed to comply with any of those terms and
conditions, it may continue the offender on intervention in lieu of
conviction, continue the offender on intervention in lieu of
conviction with additional terms, conditions, and sanctions, or enter
a finding of guilty and impose an appropriate sanction under Chapter
2929. of the Revised Code. If the court sentences the offender to a
prison term, the court, after consulting with the department of
rehabilitation and correction regarding the availability of services,
may order continued court-supervised activity and treatment of the
offender during the prison term and, upon consideration of reports
received from the department concerning the offender's progress in
the program of activity and treatment, may consider judicial release
under section 2929.20 of the Revised Code.

(G)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.

(4)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.

(5)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(6)
"Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.

(7)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.

(8)
"Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.

Sec.
2953.33.
(A)(1)
Any person, who is found not guilty of an offense by a jury or a
court or who is the defendant named in a dismissed complaint,
indictment, or information, may apply to the court for an order to
seal or, except as provided in division (C) of this section, expunge
the person's official records in the case. Except as provided in
section 2953.61 of the Revised Code, the application may be filed at
any time after the finding of not guilty or the dismissal of the
complaint, indictment, or information is entered upon the minutes of
the court or the journal, whichever entry occurs first.

(2)
Any person, against whom a no bill is entered by a grand jury, may
apply to the court for an order to seal or, except as provided in
division (C) of this section, expunge the person's official records
in the case. Except as provided in section 2953.61 of the Revised
Code, the application may be filed at any time after the expiration
of two years after the date on which the foreperson or deputy
foreperson of the grand jury reports to the court that the grand jury
has reported a no bill.

(3)
Any person who is granted by the governor under division (B) of
section 2967.02 of the Revised Code an absolute and entire pardon, a
partial pardon, or a pardon upon conditions precedent or subsequent
may apply to the court for an order to seal the person's official
records in the case in which the person was convicted of the offense
for which any of those types of pardons are granted. The application
may be filed at any time after an absolute and entire pardon or a
partial pardon is granted or at any time after all of the conditions
precedent or subsequent to the pardon are met.

(B)(1)
Upon the filing of an application pursuant to division (A) of this
section, the court shall set a date for a hearing and shall notify
the prosecutor in the case of the hearing on the application. The
court shall hold the hearing not less than forty-five days and not
more than ninety days from the date of the filing of the application.
The prosecutor may object to the granting of the application by
filing a written objection with the court not later than thirty days
prior to the date set for the hearing. The prosecutor shall specify
in the objection the reasons the prosecutor believes justify a denial
of the application.

(2)
The court shall do each of the following, except as provided in
division (B)(3) of this section:

(a)(i)
Determine whether the person was found not guilty in the case, or the
complaint, indictment, or information in the case was dismissed, or a
no bill was returned in the case and a period of two years or a
longer period as required by section 2953.61 of the Revised Code has
expired from the date of the report to the court of that no bill by
the foreperson or deputy foreperson of
the

a

grand
jury;

(ii)
If the complaint, indictment, or information in the case was
dismissed, determine whether it was dismissed with prejudice or
without prejudice and, if it was dismissed without prejudice,
determine whether the relevant statute of limitations has expired;

(b)
Determine whether criminal proceedings are pending against the
person;

(c)
If the prosecutor has filed an objection in accordance with division
(B)(1) of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(d)
If the person was granted a pardon upon conditions precedent or
subsequent for the offense for which the person was convicted,
determine whether all of those conditions have been met;

(e)
Weigh the interests of the person in having the official records
pertaining to the case sealed or expunged, as applicable, against the
legitimate needs, if any, of the government to maintain those
records.

(3)
If the court determines after complying with division (B)(2)(a) of
this section that the person was found not guilty in the case, that
the complaint, indictment, or information in the case was dismissed
with prejudice, that the complaint, indictment, or information in the
case was dismissed without prejudice and that the relevant statute of
limitations has expired, or the individual was granted by the
governor an absolute and entire pardon, a partial pardon, or a pardon
upon conditions precedent or subsequent that have been met, the court
shall issue an order to the superintendent of the bureau of criminal
identification and investigation directing that the superintendent
expunge or seal or cause to be sealed, as applicable, the official
records in the case consisting of DNA specimens that are in the
possession of the bureau and all DNA records and DNA profiles. The
determinations and considerations described in divisions (B)(2)(b),
(c), and (e) of this section do not apply with respect to a
determination of the court described in this division.

(4)
The determinations described in this division are separate from the
determination described in division (B)(3) of this section. If the
court determines, after complying with division (B)(2) of this
section, that the person was found not guilty in the case, that the
complaint, indictment, or information in the case was dismissed, the
individual was granted by the governor an absolute and entire pardon,
a partial pardon, or a pardon upon conditions precedent or subsequent
that have been met, or that a no bill was returned in the case and
that the appropriate period of time has expired from the date of the
report to the court of the no bill by the foreperson or deputy
foreperson of
the

a

grand
jury; that no criminal proceedings are pending against the person;
and the interests of the person in having the records pertaining to
the case sealed or expunged, as applicable, are not outweighed by any
legitimate governmental needs to maintain such records, or if
division (E)(2)(b) of section 4301.69 of the Revised Code applies, in
addition to the order required under division (B)(3) of this section,
the court shall issue an order directing that all official records
pertaining to the case be sealed or expunged, as applicable, and
that, except as provided in section 2953.34 of the Revised Code, the
proceedings in the case be deemed not to have occurred.

(5)
Any DNA specimens, DNA records, and DNA profiles ordered to be sealed
or expunged under this section shall not be sealed or expunged if the
person with respect to whom the order applies is otherwise eligible
to have DNA records or a DNA profile in the national DNA index
system.

(C)(1)
A person who is the defendant named in a dismissed complaint,
indictment, or information or against whom a no bill is entered by a
grand jury is not entitled to have records of the case expunged under
this section if the case involves any of the following offenses:

(a)
A violation of any section contained in Chapter 4506., 4507., 4510.,
4511., or 4549. of the Revised Code, or a violation of a municipal
ordinance that is substantially similar to any section contained in
any of those chapters;

(b)
A felony offense of violence that is not a sexually oriented offense;

(c)
A sexually oriented offense when the offender is subject to the
requirements of Chapter 2950. of the Revised Code or Chapter 2950. of
the Revised Code as it existed prior to January 1, 2008;

(d)
An offense involving a victim who is less than thirteen years of age,
except for an offense under section 2919.21 of the Revised Code;

(e)
A felony of the first or second degree;

(f)
A violation of section 2919.25 or 2919.27 of the Revised Code or a
violation of a municipal ordinance that is substantially similar to
either section;

(g)
A violation that is a felony of the third degree if the person has
more than one prior conviction of any felony or, if the person has
exactly one prior conviction of a felony of the third degree, the
person has more prior convictions in total than a third degree felony
conviction and two misdemeanor convictions.

(2)
As used in division (C) of this section, "sexually oriented
offense" has the same meaning as in section 2950.01 of the
Revised Code.

Sec.
3515.13.
If
any contest of election involves a recount of the ballots in any
precincts, the court shall immediately order the ballots of the
precincts in which the recount is demanded to be sent to the court in
such manner as the court designates, and such court may appoint two
master commissioners of opposite political parties to supervise the
making of the recount. The attorneys representing the contestor and
the prosecuting attorney of the county or the attorney general or one
of the attorney general's assistants representing the contestee shall
be present at all hearings on such recount. Such commissioners shall
receive ten dollars each per day and their actual traveling expenses
when approved by the presiding judges. The compensation of such
clerks as are deemed necessary by the court shall be determined by
the court on the basis of similar compensation in other public
offices for like work. Both the contestor and contestee may appoint
one observer who shall be allowed to see all ballots and tally sheets
and observe the recount. If the court finds that the difference in
the count from the original count by the election authorities was the
result of fraud, gross negligence, or willfulness on the part of any
election officer or other person, the court shall forthwith transmit
a copy of its decision and of the evidence to the prosecuting
attorney of the county in which the fraud or gross negligence was
found with directions to present the same to the next
secret

grand
jury in the county or to the attorney general, in the case of state
or federal offices, with directions to prosecute the cases on behalf
of the state.

Sec.
3701.14.
(A)
Subject to section 101.36 of the Revised Code, the director of health
shall investigate or make inquiry as to the cause of disease or
illness, including contagious, infectious, epidemic, pandemic, or
endemic conditions, and take prompt action to control and suppress
it. The reports of births and deaths, the sanitary conditions and
effects of localities and employments, the personal and business
habits of the people that affect their health, and the relation of
the diseases of man and beast, shall be subjects of study by the
director. The director may make and execute orders necessary to
protect the people against diseases of lower animals, and shall
collect and preserve information in respect to such matters and
kindred subjects as may be useful in the discharge of the director's
duties, and for dissemination among the people. When called upon by
the state or local governments, or the board of health of a general
or city health district, the director shall promptly investigate and
report upon the water supply, sewerage, disposal of excreta of any
locality, and the heating, plumbing, and ventilation of a public
building.

(B)
Information obtained during an investigation or inquiry that the
director currently is conducting pursuant to division (A) of this
section and that is not yet complete is confidential during the
course of that investigation or inquiry and shall not be released
except pursuant to division (D) or (J) of this section or under one
of the following conditions:

(1)
The confidential information is released pursuant to a search warrant
or subpoena issued by or at the request of a
secret

grand
jury or prosecutor, as defined in section 2935.01 of the Revised
Code.

(2)
The director has entered into a written agreement to share or
exchange the information with a person or government entity, and that
agreement requires the person or entity to comply with the
confidentiality requirements established under this section.

(3)
The information is contained in a preliminary report released by the
director pursuant to division (G)(1) of this section.

(C)
Division (B) of this section applies during any investigation or
inquiry the director makes pursuant to division (A) of this section,
notwithstanding any other provision of the Revised Code that
establishes the manner of maintaining confidentiality or the release
of information, except that the confidentiality and release of
protected health information under section 3701.17 of the Revised
Code is governed by that section.

(D)
Nothing in this section bars the release of information that is in
summary, statistical, or aggregate form and that does not identify a
person. Information that is in summary, statistical, or aggregate
form and that does not identify a person is a public record under
section 149.43 of the Revised Code.

(E)
Nothing in this section authorizes the director to conduct an
independent criminal investigation without the consent of each local
law enforcement agency with jurisdiction to conduct the criminal
investigation.

(F)
Except for information released pursuant to division (G) or (J) of
this section, any disclosure pursuant to this section shall be in
writing and accompanied by a written statement that includes the
following or substantially similar language: "This information
has been disclosed to you from confidential records protected from
disclosure by state law. If this information has been released to you
in other than a summary, statistical, or aggregate form, you shall
make no further disclosure of this information without the specific,
written, and informed release of the person to whom it pertains, or
as otherwise permitted by state law. A general authorization for the
release of medical or other information is not sufficient for the
release of information pursuant to this section."

(G)(1)
If an investigation or inquiry the director currently is conducting
pursuant to division (A) of this section is not completed within six
months after the date of commencement, the director shall prepare and
release a report containing preliminary findings. Every six months
thereafter, the director shall prepare and release a supplementary
preliminary report until such time as the investigation or inquiry is
completed.

(2)
Upon completion of an investigation or inquiry conducted pursuant to
division (A) of this section, the director shall prepare and release
a final report containing the director's findings.

(H)
No report prepared by the director pursuant to this section shall
contain protected health information, as defined in section 3701.17
of the Revised Code.

(I)
The director shall adopt, in accordance with Chapter 119. of the
Revised Code, rules establishing the manner in which the reports
prepared by the director pursuant to this section are to be released.

(J)
The director shall release information obtained during an
investigation or inquiry that the director currently is conducting
pursuant to division (A) of this section and that is not yet
complete, if the director determines the release of the information
is necessary, based on an evaluation of relevant information, to
avert or mitigate a clear threat to an individual or to the public
health. Information released pursuant to this division shall be
limited to the release of the information to those persons necessary
to control, prevent, or mitigate disease or illness.

Sec.
3701.17.
(A)
As used in this section:

(1)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(2)
"Protected health information" means information, in any
form, including oral, written, electronic, visual, pictorial, or
physical that describes an individual's past, present, or future
physical or mental health status or condition, receipt of treatment
or care, or purchase of health products, if either of the following
applies:

(a)
The information reveals the identity of the individual who is the
subject of the information.

(b)
The information could be used to reveal the identity of the
individual who is the subject of the information, either by using the
information alone or with other information that is available to
predictable recipients of the information.

(B)
Protected health information reported to or obtained by the director
of health, the department of health, or a board of health of a city
or general health district is confidential and shall not be released
without the written consent of the individual who is the subject of
the information unless the information is released pursuant to
division (C) of this section or one of the following applies:

(1)
The release of the information is necessary to provide treatment to
the individual and the information is released pursuant to a written
agreement that requires the recipient of the information to comply
with the confidentiality requirements established under this section.

(2)
The release of the information is necessary to ensure the accuracy of
the information and the information is released pursuant to a written
agreement that requires the recipient of the information to comply
with the confidentiality requirements established under this section.

(3)
The information is released pursuant to a search warrant or subpoena
issued by or at the request of a
secret

grand
jury or prosecutor in connection with a criminal investigation or
prosecution.

(4)
The director determines the release of the information is necessary,
based on an evaluation of relevant information, to avert or mitigate
a clear threat to an individual or to the public health. Information
may be released pursuant to this division only to those persons or
entities necessary to control, prevent, or mitigate disease.

(C)
Information that does not identify an individual is not protected
health information and may be released in summary, statistical, or
aggregate form. Information that is in a summary, statistical, or
aggregate form and that does not identify an individual is a public
record under section 149.43 of the Revised Code and, upon request,
shall be released by the director.

(D)
Except for information released pursuant to division (B)(4) of this
section, any disclosure pursuant to this section shall be in writing
and accompanied by a written statement that includes the following or
substantially similar language: "This information has been
disclosed to you from confidential records protected from disclosure
by state law. If this information has been released to you in other
than a summary, statistical, or aggregate form, you shall make no
further disclosure of this information without the specific, written,
and informed release of the individual to whom it pertains, or as
otherwise permitted by state law. A general authorization for the
release of medical or other information is not sufficient for the
release of information pursuant to this section."

Sec.
3701.24.
(A)
As used in this section and sections 3701.241 to 3701.249 of the
Revised Code:

(1)
"AIDS" means the illness designated as acquired
immunodeficiency syndrome.

(2)
"HIV" means the human immunodeficiency virus identified as
the causative agent of AIDS.

(3)
"AIDS-related condition" means symptoms of illness related
to HIV infection, including AIDS-related complex, that are confirmed
by a positive HIV test.

(4)
"HIV test" means any test for the antibody or antigen to
HIV that has been approved by the director of health under division
(B) of section 3701.241 of the Revised Code.

(5)
"Health care facility" has the same meaning as in section
1751.01 of the Revised Code.

(6)
"Director" means the director of health or any employee of
the department of health acting on the director's behalf.

(7)
"Physician" means a person authorized under Chapter 4731.
of the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery.

(8)
"Nurse" means a registered nurse or licensed practical
nurse who holds a license issued under Chapter 4723. of the Revised
Code.

(9)
"Anonymous test" means an HIV test administered so that the
individual to be tested can give informed consent to the test and
receive the results by means of a code system that does not link the
identity of the individual tested to the request for the test or the
test results.

(10)
"Confidential test" means an HIV test administered so that
the identity of the individual tested is linked to the test but is
held in confidence to the extent provided by sections 3701.24 to
3701.248 of the Revised Code.

(11)
"Health care provider" means an individual who provides
diagnostic, evaluative, or treatment services. Pursuant to Chapter
119. of the Revised Code, the director may adopt rules further
defining the scope of the term "health care provider."

(12)
"Significant exposure to body fluids" means a percutaneous
or mucous membrane exposure of an individual to the blood, semen,
vaginal secretions, or spinal, synovial, pleural, peritoneal,
pericardial, or amniotic fluid of another individual.

(13)
"Emergency medical services worker" means all of the
following:

(a)
A peace officer;

(b)
An employee of an emergency medical service organization as defined
in section 4765.01 of the Revised Code;

(c)
A firefighter employed by a political subdivision;

(d)
A volunteer firefighter, emergency operator, or rescue operator;

(e)
An employee of a private organization that renders rescue services,
emergency medical services, or emergency medical transportation to
accident victims and persons suffering serious illness or injury.

(14)
"Peace officer" has the same meaning as in division (A) of
section 109.71 of the Revised Code, except that it also includes a
sheriff and the superintendent and troopers of the state highway
patrol.

(B)
Persons designated by rule adopted by the director under section
3701.241 of the Revised Code shall report promptly every case of
AIDS, every AIDS-related condition, and every confirmed positive HIV
test to the department of health on forms and in a manner prescribed
by the director. In each county the director shall designate the
health commissioner of a health district in the county to receive the
reports.

(C)
No person shall fail to comply with the reporting requirements
established under division (B) of this section.

(D)
Information reported under this section that identifies an individual
is confidential and may be released only with the written consent of
the individual except as the director determines necessary to ensure
the accuracy of the information, as necessary to provide treatment to
the individual, as ordered by a court pursuant to section 3701.243 or
3701.247 of the Revised Code, or pursuant to a search warrant or a
subpoena issued by or at the request of a
secret

grand
jury, prosecuting attorney, city director of law or similar chief
legal officer of a municipal corporation, or village solicitor, in
connection with a criminal investigation or prosecution. Information
that does not identify an individual may be released in summary,
statistical, or aggregate form.

Sec.
4113.22.
The
prosecuting attorney, upon
receiving
a

complaint
made
to him
of
a violation of section 4113.18 or 4113.19 of the Revised Code, shall
cause such complaint to be investigated before the
secret

grand
jury.

Section
2.
That
existing sections 109.83, 109.84, 109.85, 109.86, 121.22, 177.03,
307.52, 325.07, 701.03, 1901.21, 2151.43, 2152.13, 2301.25, 2335.08,
2930.09, 2933.62, 2933.63, 2935.36, 2937.09, 2937.10, 2937.12,
2939.02, 2939.03, 2939.06, 2939.07, 2939.08, 2939.09, 2939.10,
2939.11, 2939.12, 2939.13, 2939.14, 2939.15, 2939.16, 2939.17,
2939.19, 2939.23, 2939.24, 2941.06, 2941.58, 2951.041, 2953.33,
3515.13, 3701.14, 3701.17, 3701.24, and 4113.22 of the Revised Code
are hereby repealed.