2022 Ohio Issue 1
Issue 1 is a ballot measure on the November 2022 general election ballot in Ohio as part of the 2022 U.S. elections.
Legislative background
Currently, bail is governed by Article I, Section 9 of the Constitution of Ohio, which states that all persons are eligible for bail, except "where the proof is evident or the presumption great" for a capital offense or "where the person poses a substantial risk of serious physical harm to any person or to the community." In the latter case, the Ohio legislature fixes standards to determine who falls into that category.[1][2] Under state law, Section 2937.23(A)(3) of the Ohio Revised Code requires that, "in all cases, the bail shall be fixed with consideration of the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of the defendant appearing at the trial of the case."[1][3]
Article I, Section 9 of the Ohio Constitution also gives the Supreme Court of Ohio responsibility to adopt procedures for establishing the amount and conditions of bail. It also states that "Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted."[1][2]
History
The ballot was a legislative referral. It was introduced on March 28, 2022, by Representatives Jeff LaRe and D. J. Swearingen. The Ohio House of Representatives passed it 63–33 on May 25, 2022, and the Ohio Senate passed it 25–7 on June 1, 2022.[1]
References
- ^ a b c d "Ohio Issue 1, Determining Bail Amount Based on Public Safety Amendment (2022)". Ballotpedia. Retrieved 2022-10-29.
- ^ a b "The Ohio Constitution: I.09 Bail; cruel and unusual punishments". The Ohio Legislature. Retrieved 2022-10-29.
- ^ "Section 2937.23 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved 2022-10-29.