Section 1. That sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code be amended to read as follows:
Sec. 1901.24. (A) A jury trial in a municipal court shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial in a municipal court is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, a village solicitor, a city director of law, or a similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a municipal court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 1907.29. (A) A jury trial shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a county court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
(D) If, as a result of challenges or other causes, a jury panel is not full, the deputy sheriff or constable who is in attendance at a trial before a county court may fill the panel in the same manner as the sheriff fills a panel in the court of common pleas.
(E) The judge of the county court involved in a case shall administer an oath to the jury to try the matters in difference between the parties that are to be determined by the jury, and to give a verdict in accordance with the evidence.
(F) After the jurors are sworn in a case before a county court, they shall sit together and hear the proofs and allegations of the parties. After the hearing, the jury shall be kept together in a convenient place until they have agreed upon their verdict or have been discharged by the county court judge involved in the case.
(G) If an action being tried to a jury in a county court is continued, the jurors shall attend at the time and place appointed for trial without further notice.
(H) The judge of a county court involved in a case may punish as for contempt any juror who neglects or refuses to attend when properly summoned or who, although in attendance, refuses to serve.
(I) If, in a civil action before a county court, the judge is satisfied that the number of jurors required by Civil Rule 48 for concurrence purposes cannot concur in a verdict, and the jury has deliberated upon the verdict for a reasonable time, the judge may discharge the jury and continue the action. If either party requests a new jury, the judge shall cause the selection of another jury. If the action is continued, it shall be continued to a time that the judge considers reasonable unless the parties or their attorneys agree on a longer or shorter time.
Sec. 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury. The prosecuting attorney may demand a trial by jury notwithstanding a defendant's failure to demand a trial by jury and over the objection of the defendant. The juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.
Sec. 2937.08. Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or the court may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code. If the nature of the offense is such that right to jury trial exists, such matter shall not be tried before the magistrate unless the accused, by writing subscribed by the accused, waives a jury and consents to be tried by the magistrate and the prosecutor does not request a trial by jury. The prosecutor may demand a jury trial in any matter that the defendant has the right to jury trial. If the prosecutor demands a jury trial, the matter shall not be tried before the magistrate, notwithstanding the defendant's waiver of a jury trial or the objection of the defendant.
If the defendant in such event does not waive right to jury trial or if the prosecutor requests a trial by jury, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.
Sec. 2938.04. (A) In courts of record, the right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor for a jury trial and filing the same demand with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto to a jury trial. In courts not of record, a jury trial may not be had, but a failure to waive a jury trial in writing where right to a jury trial may be asserted shall require the magistrate to certify such the case to a court of record as provided in section 2937.08 of the Revised Code.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting a criminal case before a court of record under this chapter may demand a jury trial in any case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 2938.05. Claim of A defendant's claim for a jury trial, once made, may be withdrawn by a defendant by a written waiver of a jury trial. A defendant's withdrawal of a claim for a jury trial does not affect a demand for a jury trial by a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer under section 2938.04 of the Revised Code. If a jury has been summoned, pursuant to the defendant's claim for a jury trial, the court may require accused the defendant to pay all costs of mileage and fees of members of the venire for one day's service, notwithstanding the outcome of the case. No withdrawal of a claim for a jury trial shall effect any re-transfer of a case, once it has been certified to a court of record.
Sec. 2945.05. (A) In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such A waiver of a trial by jury by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I ..............., defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."
Such A waiver of trial by jury must be made in open court after the defendant has been arraigned and has had an opportunity to consult with counsel. Such The waiver may be withdrawn by the defendant at any time before the commencement of the trial.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury in any criminal case that is pending in a court of record in this state in which a defendant may demand a trial by jury. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury notwithstanding the defendant's waiver of a trial by jury and over the objection of the defendant.
Sec. 2945.06. In any case in which a defendant waives his the right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, if the prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case has not demanded a trial by jury in that case any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for the judge's services as provided by section 141.07 of the Revised Code.
Section 2. That existing sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code are hereby repealed.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment