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H. B. No. 465 As IntroducedAs Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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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is hereby repealed.
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