2945.72.
Extending time for hearing or trial
The time within which an accused must be brought to trial, or,
in the case of felony, to preliminary hearing and trial, may be extended only
by the following:
| (A) |
Any period
during which the accused is unavailable for hearing or trial, by reason of
other criminal proceedings against him, within or outside the state, by reason
of his confinement in another state, or by reason of the pendency of
extradition proceedings, provided that the prosecution exercises reasonable
diligence to secure his availability; |
| (B) |
Any period during which the accused is mentally
incompetent to stand trial or during which his mental competence to stand trial
is being determined, or any period during which the accused is physically
incapable of standing trial; |
| (C) |
Any period of delay necessitated by the accused's lack of counsel, provided
that such delay is not occasioned by any lack of diligence in providing counsel
to an indigent accused upon his request as required by law; |
| (D) |
Any period of delay occasioned by the
neglect or improper act of the accused; |
| (E) |
Any period of delay necessitated by reason of a
plea in bar or abatement, motion, proceeding, or action made or instituted by
the accused; |
| (F) |
Any period of
delay necessitated by a removal or change of venue pursuant to law; |
| (G) |
Any period during which trial is stayed
pursuant to an express statutory requirement, or pursuant to an order of
another court competent to issue such order; |
| (H) |
The period of any continuance granted on the
accused's own motion, and the period of any reasonable continuance granted
other than upon the accused's own motion; |
| (I) |
Any period during which an appeal filed pursuant
to section
2945.67 of the Revised Code is
pending. |
Cite as (Casemaker) R.C.
§ 2945.72
History. Effective Date:
11-01-1978.