2006 Ohio Revised Code - 2947.06. Testimony in mitigation of sentence; presentence investigation report; psychological reports.

§ 2947.06. Testimony in mitigation of sentence; presentence investigation report; psychological reports.

(A) (1)  The trial court may hear testimony in mitigation of a sentence at the term of conviction or plea or at the next term. The prosecuting attorney may offer testimony on behalf of the state to give the court a true understanding of the case. The court shall determine whether sentence should immediately be imposed. The court on its own motion may direct the department of probation of the county in which the defendant resides, or its own regular probation officer, to make any inquiries and presentence investigation reports that the court requires concerning the defendant. 

(2) The provisions of section 2951.03 of the Revised Code shall govern the preparation of, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of a presentence investigation report prepared pursuant to division (A) (1) of this section. 

(B)  The court may appoint not more than two psychologists or psychiatrists to make any reports concerning the defendant that the court requires for the purpose of determining the disposition of the case. Each psychologist or psychiatrist shall receive a fee to be fixed by the court and taxed in the costs of the case. The psychologist's or psychiatrist's reports shall be made in writing, in open court, and in the presence of the defendant, except in misdemeanor cases in which sentence may be pronounced in the absence of the defendant. A copy of each report of a psychologist or psychiatrist may be furnished to the defendant, if present, who may examine the persons making the report, under oath, as to any matter or thing contained in the report. 

HISTORY: GC § 13451-2; 113 v 123(197), ch 30, § 2; Bureau of Code Revision, 10-1-53; 130 v 667 (Eff 9-24-63); 142 v H 73, § 1 (Eff 10-1-87); 142 v H 73, § 5 (Eff 10-1-89); 146 v S 2 (Eff 7-1-96); 146 v S 269. Eff 7-1-96; 149 v H 490, § 1, eff. 1-1-04.

The effective date is set by section 4 of H.B. 490. 

RC § 2947.06 was repealed in 139 v S 199, § 2, file 256, eff 1-1-83. Repeal rescinded in 1982 by 139 v H 269, § 4.


Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, in (A)(1), substituted "sentence should immediately be imposed" for "sentence ought immediately be imposed", and deleted "whether, if the offense is a misdemeanor, to place the defendant on probation" following "sentence should immediately be imposed". 

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