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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 696
2025-2026
Representative Swearingen
To
amend section 1901.34 of the Revised Code
to
modify jurisdiction of the Erie County prosecuting attorney.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 1901.34 of the Revised Code be amended to read as follows:
Sec.
1901.34.
(A)
Except as provided in divisions (B) and (D) of this section, the
village solicitor, city director of law, or similar chief legal
officer for each municipal corporation within the territory of a
municipal court shall prosecute all cases brought before the
municipal court for criminal offenses occurring within the municipal
corporation for which that person is the solicitor, director of law,
or similar chief legal officer. Except as provided in division (B) of
this section, the village solicitor, city director of law, or similar
chief legal officer of the municipal corporation in which a municipal
court is located shall prosecute all criminal cases brought before
the court arising in the unincorporated areas within the territory of
the municipal court.
(B)
The Auglaize county, Brown county, Clermont county, Columbiana
county, Hocking county, Holmes county, Jackson county, Morrow county,
Ottawa county, Paulding county, Perry county, Portage county, and
Putnam county prosecuting attorneys shall prosecute in municipal
court all violations of state law arising in their respective
counties. The Carroll county, Crawford county, Hamilton county,
Madison county, and Wayne county prosecuting attorneys,
beginning
January 1, 2008, the Erie county prosecuting attorney,
beginning January 1, 2024, the Fulton county prosecuting attorney,
and beginning on
the effective date of this amendment
April 30, 2024
,
the Geauga county prosecuting attorney shall prosecute all violations
of state law arising within the unincorporated areas of their
respective counties. The Darke county prosecuting attorney shall
prosecute in the Darke county municipal court all violations of state
law arising in the county, except for violations of state law arising
in the municipal corporation of Greenville and violations of state
law arising in the village of Versailles. The Greene county board of
county commissioners may provide for the prosecution of all
violations of state law arising within the territorial jurisdiction
of any municipal court located in Greene county. The Montgomery
county prosecuting attorney shall prosecute in the Montgomery county
municipal court all felony, misdemeanor, and traffic violations
arising in the unincorporated townships of Jefferson, Jackson, Perry,
and Clay and all felony violations of state law and all violations
involving a state or county agency arising within the jurisdiction of
the court. All other violations arising in the territory of the
Montgomery county municipal court shall be prosecuted by the village
solicitor, city director of law, or similar chief legal officer for
each municipal corporation within the territory of the Montgomery
county municipal court.
Beginning on the effective date of this amendment, the Erie county
prosecuting attorney shall prosecute in the Erie County municipal
court all violations of state law arising within the unincorporated
areas of the county, except for violations of state law arising in
the townships of Florence, Huron, Perkins, and Vermilion.
The
prosecuting attorney of any county given the duty of prosecuting in
municipal court violations of state law shall receive no additional
compensation for assuming these additional duties, except that the
prosecuting attorney of Hamilton, Portage, and Wayne counties shall
receive compensation at the rate of four thousand eight hundred
dollars per year, and the prosecuting attorney of Auglaize county
shall receive compensation at the rate of one thousand eight hundred
dollars per year, each payable from the county treasury of the
respective counties in semimonthly installments.
(C)
The village solicitor, city director of law, or similar chief legal
officer shall perform the same duties, insofar as they are applicable
to the village solicitor, city director of law, or similar chief
legal officer, as are required of the prosecuting attorney of the
county. The village solicitor, city director of law, similar chief
legal officer or any assistants who may be appointed shall receive
for such services additional compensation to be paid from the
treasury of the county as the board of county commissioners
prescribes.
(D)
The prosecuting attorney of any county, other than Auglaize, Brown,
Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, Paulding, Perry,
Portage, or Putnam county, may enter into an agreement with any
municipal corporation in the county in which the prosecuting attorney
serves pursuant to which the prosecuting attorney prosecutes all
criminal cases brought before the municipal court that has
territorial jurisdiction over that municipal corporation for criminal
offenses occurring within the municipal corporation. The prosecuting
attorney of Auglaize, Brown, Clermont, Hocking, Holmes, Jackson,
Morrow, Ottawa, Paulding, Perry, Portage, or Putnam county may enter
into an agreement with any municipal corporation in the county in
which the prosecuting attorney serves pursuant to which the
respective prosecuting attorney prosecutes all cases brought before
the Auglaize county, Brown county, Clermont county, Hocking county,
Holmes county, Jackson county, Morrow county, Ottawa county, Paulding
county, Perry county, Portage county, or Putnam county municipal
court for violations of the ordinances of the municipal corporation
or for criminal offenses other than violations of state law occurring
within the municipal corporation. For prosecuting these cases, the
prosecuting attorney and the municipal corporation may agree upon a
fee to be paid by the municipal corporation, which fee shall be paid
into the county treasury, to be used to cover expenses of the office
of the prosecuting attorney.
Section
2.
That
existing section 1901.34 of the Revised Code is hereby repealed.