130th Ohio General Assembly
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H. B. No. 465  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 465


Representative Foley 

Cosponsors: Representatives Yuko, Letson, Driehaus, Murray, Antonio, Ramos, Hagan, R., Williams 



A BILL
To amend section 2941.47 of the Revised Code to permit the trial of a corporation in absentia in a criminal proceeding in any trial court and in such a proceeding initiated by a complaint.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2941.47 of the Revised Code be amended to read as follows:
Sec. 2941.47.  When an indictment is returned or information or complaint filed against a corporation, a summons commanding the sheriff to notify the accused thereof, returnable on the seventh day after its date, shall issue on praecipe of the prosecuting attorney. Such The summons with a copy of the indictment, information or complaint shall be served and returned in the manner provided for service of summons upon corporations in civil actions. If the service cannot be made in the county where the prosecution began, the sheriff may make service in any other county of the state, upon the president, secretary, superintendent, clerk, treasurer, cashier, managing agent, or other chief officer thereof, or by leaving a copy at a general or branch office or usual place of doing business of such corporation, with the person having charge thereof. Such The corporation shall appear by one of its officers or by counsel on or before the return day of the summons served and answer to the indictment or, information, or complaint by motion, demurrer, or plea, and upon failure to make such an appearance and answer, the clerk of the court of common pleas shall enter a plea of "not guilty." Upon such an appearance being made or plea entered, the corporation is before the court until the case is finally disposed of. On said the indictment or, information, or complaint, no warrant of arrest may issue except for individuals who may be included in such the indictment or, information, or complaint.
Section 2. That existing section 2941.47 of the Revised Code is hereby repealed.
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