COLUMBUS - 

State Representative Robert Sprague (R-Findlay) applauded today’s passage of House Bill 123 by the Ohio House of Representatives.


House Bill 123 allows, but does not require, a court to waive a presentence investigation report, which is normally required prior to sentencing a felony offender to community control. Currently, the process of imposing a community control sanction and issuing a pre-sentence written investigation can take up to six weeks to complete and cost upwards of $800. The legislation passed today permits the court to move forward without the report if both the defendant and prosecuting attorney agree to waive it.


“This bill enables our justice system to be more efficient, while preserving impartial justice,” said Representative Sprague.


The legislation also increases from three to seven the number of days before a trial that a criminal defendant has to issue written notification of the intent to claim an alibi. The change conforms the statute to the Rules of Criminal Procedure.


The bill also requires that the notice include specific information identifying the place at which the defendant claims to have been at the time of the alleged offense. If this information is not provided, the court has the right to exclude the defendant’s evidence for the purpose of proving the alibi.


The bill will now be considered by the Ohio Senate.

 
 
 
  
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