§ 2301.15. Misdemeanor investigation; examination of witnesses.

(A)

After a misdemeanor offense has been committed, and before a criminal complaint has been filed or an arrest has been made, the city attorney or any judge of the Franklin County Municipal Court, may cause a subpoena to issue returnable before such court, for any person to give information concerning such misdemeanor offense, including designated books, records, or other documents. The subpoena shall require the witness to appear forthwith at a time designated in the subpoena.

(B)

Before a witness is required to give information or produce documents under this section he must be informed of the purpose of the inquiry, and that he is required to tell the truth concerning same. The witness shall then be sworn and be examined under oath by the city attorney, or his assistant, or by the court, subject to the constitutional right against self-incrimination.

(C)

If after being sworn, or during the inquiry, a witness subpoenaed under this section asserts the constitutional right against self-incrimination the city attorney, his assistant, or the court shall cease the inquiry until the validity of such claim is determined by the court. If the court determines that the witness possesses a valid claim that the information sought is protected by the constitutional privilege against self-incrimination the inquiry shall cease until a determination is made whether to continue the inquiry under paragraph (D) of the section.

(D)

If the court determines that a witness possesses a valid claim that the information sought under this section is protected by the privilege against self-incrimination, then the city attorney shall advise the court whether the inquiry shall continue. If the inquiry continues then no testimony, or the fruits derived from such testimony or an act of record production, shall be used against the witness in a criminal prosecution.

Prior to continuing the inquiry, the city attorney shall certify the existence of any independent evidence tending to establish the existence of a crime by the witness. Independent evidence that is not contained in that certification shall not be used against the witness in a subsequent criminal prosecution unless the court finds that it is not based upon or derived from such testimony or record production.

(E)

Prior to the date specified in the subpoena a witness may comply with a subpoena issued under this section for books, records, or other documents by voluntarily producing such items to the party who issued the subpoena.

(F)

No person shall fail to appear, or fail to be sworn, at the designated time and place in response to a subpoena issued under this section. A witness who has been subpoenaed and intends to assert the constitutional right against self-incrimination is not excused from appearing or being sworn in response to a subpoena issued under this section but may assert such privilege after appearing and being sworn and at such time the parties shall proceed in accordance with paragraphs (C) and (D) of this section.

(G)

Any person who violates paragraph (F) of this section is guilty of a minor misdemeanor upon first offense, and is guilty of a misdemeanor of the fourth degree upon second and subsequent offenses.

(H)

That if any provisions of this Title 23, General Offenses Code or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of such Code which can be given effect without the invalid provision or application, and to this end the provisions are severable.

(ORC 2935.23; Ord. 2535-94.)