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Legislation would permit investigate subpoenas for misdemeanors

TIFFANY L. PARKS
Special to the Legal News

Published: April 22, 2014

Sen. Jim Hughes has reintroduced a bill into the Ohio General Assembly focused on investigative subpoenas for misdemeanors.

Senate Bill 295 would authorize the prosecuting attorney of a county or chief legal officer of a municipal corporation to issue an investigative subpoena for any criminal offense.

“Recently, a number of legislative amendments have focused upon issues pertaining to menacing by stalking and the acquisition of protection orders to address such problems,” said Hughes, R-Columbus, in sponsor testimony for the bill before the Senate Criminal Justice committee.

Such amendments, like those proposed by Rep. Marlene Anielski, R-Walton Hills, in House Bill 74 would expand the offenses of menacing by stalking and telecommunications harassment.

They would also prohibit a person from knowingly causing another person to believe that the offender will cause physical harm or mental or emotional distress to a member of the other person’s immediate family.

Hughes said the drafting of measures like HB 74 have raised some concerns.

“Unfortunately, an attempt to investigate and document the behavior of stalking suspects is hindered by the lack of a statutorily-authorized investigative subpoena for misdemeanor cases,” he said.

In addition to authorizing a prosecuting attorney or chief legal officer to issue investigative subpoenas for misdemeanor criminal offenses, SB 295 specifies that investigative subpoenas may be issued regarding any criminal offense, not just a felony, after the offense has been committed and before any arrest has been made.

“The bill is identical to legislation that I previously introduced, Senate Bill 168, during the 128th General Assembly and I’ve been asked to reintroduce it,” Hughes said.

Before stalling, SB 168 had one hearing before the Senate Judiciary - Criminal Justice committee.

“Currently, Ohio law permits a prosecuting attorney or chief legal officer to subpoena things such as cell phone records, telephone records, Internet records and other pertinent information, but only if a series of allegations amounts to a felony-level offense,” Hughes said.

According to a bill summary of SB 295, existing state law provides that, after a felony has been committed, and before any arrest has been made, the prosecuting attorney of the county, or any judge or magistrate, may cause subpoenas to issue, returnable before any court or magistrate, for any person to give information concerning the felony.

“However, no similar provision of law exists to allow an adequate investigation of misdemeanor-level stalking offenses as well as complaints of telecommunications harassment, including the increased use of texting,” Hughes said.

“Although a municipality’s laws may permit the issuing of a subpoena for such records, these laws have no jurisdiction over out-of-state cases or out-of-city providers.”

In noting that the bill has received bipartisan support, Hughes said Columbus City Attorney Richard Pfeiffer and Franklin County Prosecutor Ron O’Brien approached him about crafting the measure.

“This legislation will provide county prosecutors and municipality attorneys the tools necessary to effectively investigate misdemeanor stalking cases in Ohio,” he said, adding that Pfeiffer and O’Brien will offer proponent testimony for SB 295 in any future committee hearings.

“I believe it is important to ensure that our prosecutors and attorneys, in representing the best interests of Ohio’s citizens, have access to all pieces of information that will help to keep victims safe while prosecuting offenders to the full extent of the law.”

SB 295 is co-sponsored by Sen. Tom Patton, R-Strongsville. The bill has not been scheduled for additional hearings.

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