(A) When person brought to trial.
(1) A person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within 30 days after his or her arrest or the service of summons.
(2) A person against whom a charge of misdemeanor, other than a minor misdemeanor, is pending in a court of record, shall be brought to trial:
(a) Within 45 days after his or her arrest of the service of summons, if the offense charged is a misdemeanor of the third or fourth degree, or other misdemeanor for which the maximum penalty is imprisonment for not more than 60 days; or
(b) Within 90 days after his or her arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than 60 days.
(3) A person against whom one or more charges of minor misdemeanor and one or more charges of misdemeanor other than minor misdemeanor, all of which arose out of the same act or transaction, are pending, or against whom charges of misdemeanors of different degrees, other than minor misdemeanors, all of which arose out of the same act or transaction, are pending shall be brought to trial within the time period required for the highest degree of misdemeanor charged, as determined under division (A)(2) of this section.
(4) For purposes of computing time under divisions (A)(1), (A)(2), and (A)(3) of this section, each day during which the accused is held in jail in lieu of bail on the pending charge shall be counted as three days.
(5) This section shall not be construed to modify in any way R.C. §§ 2941.401 or 2963.30 to 2963.35.
(B) Extension of time for trial. The time which an accused must be brought to trial may be extended only by the following:
(1) Any period during which the accused is unavailable for trial, by reason of other criminal proceedings against him or her, within or outside the state, by reason of his or her confinement in another state, or by reason of the pendency of extradition proceedings, provided that the prosecution exercises reasonable diligence to secure his or her availability;
(2) Any period during which the accused is mentally incompetent to stand trial or during which his or her mental competence to stand trial is being determined, or any period during which the accused is physically incapable of standing trial;
(3) 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 or her request as required by law;
(4) Any period of delay occasioned by the neglect or improper act of the accused;
(5) Any period of delay necessitated by reason of a plea in bar or abatement, motion, proceeding, or action made or instituted by the accused;
(6) Any period of delay necessitated by a removal or change of venue pursuant to law;
(7) 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;
(8) 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; and
(9) Any period during which an appeal filed pursuant to R.C. § 2945.67 is pending.
(R.C. §§ 2945.71, 2945.72)
(1982 Code, § 10.98)