REPRESENTATIVES Stapleton, Carey, Hagan, Kearns, Schaffer, Carmichael, Latta, Schmidt, Fessler, Sullivan, Distel, Allen, Redfern, Womer Benjamin, Willamowski, Seitz, Faber

To amend section 2947.23 of the Revised Code to

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authorize courts to impose periods of community

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service upon offenders who fail to pay judgments

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for court costs relating to the criminal action.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2947.23 of the Revised Code be	5
amended to read as follows:	6

Sec. 2947.23. (A) In all criminal cases, including	7
violations of ordinances, the judge or magistrate shall include in	8
the sentence the costs of prosecution and render a judgment	9
against the defendant for such costs. IfAt the time the judge or	10
magistrate imposes sentence, the judge or magistrate shall notify	11
the defendant that, if the defendant fails to pay that judgment or	12
fails to timely make payments towards that judgment under a	13
payment schedule approved by the court, the court may order the	14
defendant to perform community service in an amount of not more	15
than forty hours per month until the judgment is paid or until the	16
court is satisfied that the defendant is in compliance with the	17
approved payment schedule.	18

If a jury has been sworn at the trial of a case, the fees of	19
the jurors shall be included in the costs, which shall be paid to	20
the public treasury from which the jurors were paid.	21

(B) If a judge or magistrate has reason to believe that a	22
defendant has failed to pay the judgment described in division (A)	23
of this section or has failed to timely make payments towards that	24
judgment under a payment schedule approved by the judge or	25
magistrate, the judge or magistrate shall hold a hearing to	26
determine whether to order the offender to perform community	27
service for that failure. The judge or magistrate shall notify	28
both the defendant and the prosecuting attorney of the place,	29
time, and date of the hearing and shall give each an opportunity	30
to present evidence. If, after the hearing, the judge or	31
magistrate determines that imposition of community service for the	32
failure is appropriate, the judge or magistrate may order the	33
offender to perform community service in an amount of not more	34
than forty hours per month until the judgment is paid or until the	35
judge or magistrate is satisfied that the offender is in	36
compliance with the approved payment schedule. Ordering an	37
offender to perform community service under this division does not	38
lessen the amount of the judgment and does not preclude the state	39
from taking any other action to execute the judgment.	40

Section 2.  That existing section 2947.23 of the Revised	41
Code is hereby repealed.	42