2006 Ohio Revised Code - 2907.36. Declaratory judgment.

§ 2907.36. Declaratory judgment.
 

(A)  Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Chapter 2721. of the Revised Code, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles: 

(1) The chief legal officer of the jurisdiction in which there is reasonable cause to believe that section 2907.31 or 2907.32 of the Revised Code is being or is about to be violated; 

(2) Any person who, pursuant to division (B) of section 2907.35 of the Revised Code, has received notice in writing from a chief legal officer stating that particular materials or performances are obscene or harmful to juveniles. 

(B)  Any party to an action for a declaratory judgment pursuant to division (A) of this section is entitled, upon the party's request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded. 

(C)  An action for a declaratory judgment pursuant to division (A) of this section shall not be brought during the pendency of any civil action or criminal prosecution, when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies: 

(1) Either of the parties to the action for a declaratory judgment is a party to the pending case. 

(2) A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved. 

(D)  A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment. 

(E)  The fact that a violation of section 2907.31 or 2907.32 of the Revised Code occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 148 v H 58. Eff 9-24-99.
 

Not analogous to former RC § 2907.36 (RS § 6844; S&C 426, 1425; 37 v 74; 57 v 15; 72 v 20; GC § 12469; 124 v 466; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74. 

Analogous to former RC § 2905.38 (133 v H 84), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section retains a modified version of a former provision for obtaining a declaratory judgment on whether particular materials or performances are obscene or harmful to juveniles. It expands upon former law, by requiring a speedy hearing in a declaratory judgment action and, in order to avoid sidetracking the main issue in a spate of collateral proceedings, by providing that the issue of the character of the material or performance involved shall be determined but once between the parties. 

In addition, the section expressly declares that the fact that the character of the material or performance involved in a violation of the prohibitions against obscenity and matter harmful to juveniles has not been judicially determined prior to the violation, does not relieve an offender of liability for his offense.