State Representative Bob Cupp (R- Allen County) today announced that Governor Kasich has signed into law House Bill 123.  Cupp is a joint-sponsor of the bill.

The legislation allows -but does not require- a court to waive a pre-sentence 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 signed today permits the court the option to move forward without the report if the prosecuting attorney, the Defendant, and the judge all agree to waive it.

“One of the legislature’s important duties, I believe, is to review existing laws to determine whether they are working as intended – or whether good public policy would be better served by some modifications in the law.  A recent case before the Ohio Supreme Court highlighted one way our statutes could be made to work better – and that is what H.B. 123 seeks to do,” said Rep. Cupp.

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 defense. This change simply brings the Ohio Revised Code into conformity with the Ohio Rules of Criminal Procedure.

The signed legislation will become law ninety days from today.

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