Ohio 2025-2026 Regular Session

Ohio Senate Bill SB61

Introduced
1/28/25  
Report Pass
10/15/25  

Caption

To amend sections 1901.021, 1901.14, 1901.22, 1901.31, 1907.20, 2111.011, 2307.23, 2317.02, 2317.021, 2317.41, 2317.422, 2939.03, 2939.06, 2941.61, 2943.02, 2945.51, 2945.52, 2945.53, and 2945.54 and to repeal sections 1901.16, 1901.41, 1907.21, 1907.231, 2101.12, 2101.121, 2101.14, 2101.141, 2301.141, 2317.03, 2317.40, 2317.42, 2939.02, 2939.20, 2941.021, 2943.03, 2943.04, 2945.12, 2945.30, 2945.31, 2945.33, 2945.34, 2945.41, 2945.45, and 2945.50 of the Revised Code relative to courts and court procedures.

Summary

SB61 is a broad courts-and-court-procedure cleanup bill that revises a wide range of provisions in the Ohio Revised Code governing municipal courts, county courts, probate practice, evidence, juror procedures, and criminal process. Much of the bill updates or reorganizes existing language, including where municipal court judges sit, how clerks are selected and compensated, how branch offices and deputy clerks operate, and how court funds, fines, and unclaimed monies are handled. It also modernizes several procedural statutes by replacing references to older code sections with references to the Ohio Rules of Criminal Procedure or Civil Procedure, and by removing obsolete provisions that have been repealed or superseded. The bill also makes targeted substantive changes to evidentiary and privilege rules. It expands or clarifies testimonial privilege exceptions for attorney-client, physician-patient, chiropractor-patient, cleric, counselor, mediator, crisis-response, and employee-assistance communications, especially in civil litigation, criminal cases, child-abuse matters, and disputes involving deceased persons' competency or alleged fraud, undue influence, or duress. In probate matters, it requires probate courts to provide guardians with a guardianship guide and to keep an acknowledgment form in the guardianship file. It also updates rules for admitting hospital and long-term-care records, photographs of records, grand jury oaths, arraignment, depositions in criminal cases, and allocation of fault in tort actions. The bill's impact on state law is primarily to streamline and harmonize court administration and litigation procedures across multiple chapters of the Revised Code. It would repeal a number of outdated sections, amend others to align with current practice, and preserve or clarify how courts handle records, filings, compensation, and evidence. Municipal and county courts, probate courts, clerks, deputy clerks, jurors, litigants, health care providers, attorneys, and guardians are among the parties most directly affected. The general sentiment reflected in the voting history is strongly favorable and noncontroversial at the Senate stage: the bill received unanimous support in committee and on the Senate floor. No committee transcript was provided, so there is no recorded debate to indicate organized opposition or major concerns in the available materials. The absence of recorded dissent suggests the measure was viewed as a technical or housekeeping bill rather than a politically contentious one. The main points of potential contention, based on the text itself, are the changes to testimonial privileges and the expanded circumstances under which confidential communications or medical records may be disclosed in litigation. Those provisions could matter to attorneys, physicians, counselors, clergy, and privacy advocates, particularly in cases involving deceased persons, criminal investigations, or child welfare proceedings. However, the available vote record does not show any active controversy in the Senate.

Impact

SB61 would amend numerous court-related statutes and repeal obsolete provisions, affecting municipal courts, county courts, probate courts, and criminal and civil procedure. It updates clerk selection, compensation, branch-office authority, filing and fee distribution rules, guardianship notice requirements, evidentiary authentication of records, grand jury and arraignment procedures, and criminal deposition practice. It also modifies testimonial privilege statutes to clarify when confidential communications and medical or institutional records may be used in civil or criminal proceedings, thereby affecting litigants, courts, attorneys, health care providers, clergy, counselors, and guardians.

Sentiment

The available voting history shows unanimous support: the Senate committee vote was 7-0 and the full Senate passed the bill 31-0. With no committee transcript provided, there is no evidence of substantive floor or committee opposition in the record supplied. Overall, the bill appears to have been treated as a technical courts-and-procedure measure with broad bipartisan agreement.

Contention

The most notable substantive issues are the bill's changes to testimonial privilege and records-admissibility rules, especially the expanded exceptions for attorney-client, physician-patient, counselor, clergy, mediator, crisis-response, and employee-assistance communications. Those provisions could raise privacy and confidentiality concerns for professionals and advocates, while prosecutors, civil litigants, and parties in probate or wrongful-death disputes may view them as necessary clarifications. Another possible area of interest is the reworking of municipal and county court administration, including clerk appointments and compensation, though the vote record does not show any active dispute over those changes.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.