SENATORS Austria, Coughlin, Randy Gardner, Armbruster, Oelslager, Jacobson, Amstutz, Carnes, Harris, Herington, Mumper, Spada, White, Robert Gardner, Goodman, Hagan

To amend sections 2151.28, 2151.35, 2152.19, and

1

2705.05 and to enact sections 2909.09 and 5579.11

2

of the Revised Code to prohibit knowingly dropping

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or throwing any object at, onto, or in the path of

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any vehicle on a highway or any vessel on a

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waterway and to create the Highway, Bridge, and

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Overpass Vandal Fence Task Force.

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

Section 1. That sections 2151.28, 2151.35, 2152.19, and	8
2705.05 be amended and sections 2909.09 and 5579.11 of the	9
Revised Code be enacted to read as follows:	10

Sec. 2151.28.  (A) No later than seventy-two hours after the	11
complaint is filed, the court shall fix a time for an adjudicatory	12
hearing. The court shall conduct the adjudicatory hearing within	13
one of the following periods of time:	14

(1) Subject to division (D) of section 2152.13 of the	15
Revised Code, if the complaint alleged that the child violated	16
section 2151.87 of the Revised Code or is a delinquent or unruly	17
child or a juvenile traffic offender, the adjudicatory hearing	18
shall be held and may be continued in accordance with the Juvenile	19
Rules.	20

(2) If the complaint alleged that the child is an abused,	21
neglected, or dependent child, the adjudicatory hearing shall be	22
held no later than thirty days after the complaint is filed,	23
except that, for good cause shown, the court may continue the	24
adjudicatory hearing for either of the following periods of time:	25

(a) For ten days beyond the thirty-day deadline to allow any	26
party to obtain counsel;	27

(b) For a reasonable period of time beyond the thirty-day	28
deadline to obtain service on all parties or any necessary	29
evaluation, except that the adjudicatory hearing shall not be held	30
later than sixty days after the date on which the complaint was	31
filed.	32

(B) At an adjudicatory hearing held pursuant to division	33
(A)(2) of this section, the court, in addition to determining	34
whether the child is an abused, neglected, or dependent child,	35
shall determine whether the child should remain or be placed in	36
shelter care until the dispositional hearing. When the court	37
makes the shelter care determination, all of the following apply:	38

(1) The court shall determine whether there are any	39
relatives of the child who are willing to be temporary custodians	40
of the child. If any relative is willing to be a temporary	41
custodian, the child otherwise would remain or be placed in	42
shelter care, and the appointment is appropriate, the court shall	43
appoint the relative as temporary custodian of the child, unless	44
the court appoints another relative as custodian. If it	45
determines that the appointment of a relative as custodian would	46
not be appropriate, it shall issue a written opinion setting forth	47
the reasons for its determination and give a copy of the opinion	48
to all parties and the guardian ad litem of the child.	49

The court's consideration of a relative for appointment as a	50
temporary custodian does not make that relative a party to the	51
proceedings.	52

(2) The court shall comply with section 2151.419 of the	53
Revised Code.	54

(3) The court shall schedule the date for the dispositional	55
hearing to be held pursuant to section 2151.35 of the Revised	56
Code. The parents of the child have a right to be represented by	57
counsel; however, in no case shall the dispositional hearing be	58
held later than ninety days after the date on which the complaint	59
was filed.	60

(C)(1) The court shall direct the issuance of a summons	61
directed to the child except as provided by this section, the	62
parents, guardian, custodian, or other person with whom the child	63
may be, and any other persons that appear to the court to be	64
proper or necessary parties to the proceedings, requiring them to	65
appear before the court at the time fixed to answer the	66
allegations of the complaint. The summons shall contain the name	67
and telephone number of the court employee designated by the court	68
pursuant to section 2151.314 of the Revised Code to arrange for	69
the prompt appointment of counsel for indigent persons. A child	70
alleged to be an abused, neglected, or dependent child shall not	71
be summoned unless the court so directs. A summons issued for a	72
child who is under fourteen years of age and who is alleged to be	73
a delinquent child, unruly child, or a juvenile traffic offender	74
shall be served on the parent, guardian, or custodian of the child	75
in the child's behalf.	76

If the person who has physical custody of the child, or with	77
whom the child resides, is other than the parent or guardian, then	78
the parents and guardian also shall be summoned. A copy of the	79
complaint shall accompany the summons.	80

(2) In lieu of appearing before the court at the time fixed	81
in the summons and prior to the date fixed for appearance in the	82
summons, a child who is alleged to have violated section 2151.87	83
of the Revised Code and that child's parent, guardian, or	84
custodian may sign a waiver of appearance before the clerk of the	85
juvenile court and pay a fine of one hundred dollars. If the	86
child and that child's parent, guardian, or custodian do not waive	87
the court appearance, the court shall proceed with the	88
adjudicatory hearing as provided in this section.	89

(D) If the complaint contains a prayer for permanent	90
custody, temporary custody, whether as the preferred or an	91
alternative disposition, or a planned permanent living arrangement	92
in a case involving an alleged abused, neglected, or dependent	93
child, the summons served on the parents shall contain as is	94
appropriate an explanation that the granting of permanent custody	95
permanently divests the parents of their parental rights and	96
privileges, an explanation that an adjudication that the child is	97
an abused, neglected, or dependent child may result in an order of	98
temporary custody that will cause the removal of the child from	99
their legal custody until the court terminates the order of	100
temporary custody or permanently divests the parents of their	101
parental rights, or an explanation that the issuance of an order	102
for a planned permanent living arrangement will cause the removal	103
of the child from the legal custody of the parents if any of the	104
conditions listed in divisions (A)(5)(a) to (c) of section	105
2151.353 of the Revised Code are found to exist.	106

(E)(1) Except as otherwise provided in divisiondivisions	107
(E)(2) and (3) of this section, the court may endorse upon the	108
summons an order directing the parents, guardian, or other person	109
with whom the child may be to appear personally at the hearing and	110
directing the person having the physical custody or control of the	111
child to bring the child to the hearing.	112

(2) In cases in which the complaint alleges that a child is	113
an unruly or delinquent child for being an habitual or chronic	114
truant and that the parent, guardian, or other person having care	115
of the child has failed to cause the child's attendance at school,	116
the court shall endorse upon the summons an order directing the	117
parent, guardian, or other person having care of the child to	118
appear personally at the hearing and directing the person having	119
the physical custody or control of the child to bring the child to	120
the hearing.	121

(3) In cases in which the complaint alleges that a child has	122
committed a violation of section 2909.09 of the Revised Code or a	123
substantially similar municipal ordinance, that the child	124
previously has been adjudicated a delinquent child for having	125
committed a violation of section 2909.09 of the Revised Code or a	126
substantially similar municipal ordinance, and that the parent,	127
guardian, or other person having care of the child failed to	128
prevent the latest violation, the court shall endorse upon the	129
summons an order directing the parent, guardian, or other person	130
having care of the child to appear personally at the hearing and	131
directing the person having the physical custody or control of the	132
child to bring the child to the hearing.	133

(F)(1) The summons shall contain a statement advising that	134
any party is entitled to counsel in the proceedings and that the	135
court will appoint counsel or designate a county public defender	136
or joint county public defender to provide legal representation if	137
the party is indigent.	138

(2) In cases in which the complaint alleges a child to be an	139
abused, neglected, or dependent child and no hearing has been	140
conducted pursuant to division (A) of section 2151.314 of the	141
Revised Code with respect to the child or a parent, guardian, or	142
custodian of the child does not attend the hearing, the summons	143
also shall contain a statement advising that a case plan may be	144
prepared for the child, the general requirements usually contained	145
in case plans, and the possible consequences of failure to comply	146
with a journalized case plan.	147

(G) If it appears from an affidavit filed or from sworn	148
testimony before the court that the conduct, condition, or	149
surroundings of the child are endangering the child's health or	150
welfare or those of others, that the child may abscond or be	151
removed from the jurisdiction of the court, or that the child will	152
not be brought to the court, notwithstanding the service of the	153
summons, the court may endorse upon the summons an order that a	154
law enforcement officer serve the summons and take the child into	155
immediate custody and bring the child forthwith to the court.	156

(H) A party, other than the child, may waive service of	157
summons by written stipulation.	158

(I) Before any temporary commitment is made permanent, the	159
court shall fix a time for hearing in accordance with section	160
2151.414 of the Revised Code and shall cause notice by summons to	161
be served upon the parent or guardian of the child and the	162
guardian ad litem of the child, or published, as provided in	163
section 2151.29 of the Revised Code. The summons shall contain an	164
explanation that the granting of permanent custody permanently	165
divests the parents of their parental rights and privileges.	166

(J) Any person whose presence is considered necessary and	167
who is not summoned may be subpoenaed to appear and testify at the	168
hearing. Anyone summoned or subpoenaed to appear who fails to do	169
so may be punished, as in other cases in the court of common	170
pleas, for contempt of court. Persons subpoenaed shall be paid	171
the same witness fees as are allowed in the court of common pleas.	172

(K) The failure of the court to hold an adjudicatory hearing	173
within any time period set forth in division (A)(2) of this	174
section does not affect the ability of the court to issue any	175
order under this chapter and does not provide any basis for	176
attacking the jurisdiction of the court or the validity of any	177
order of the court.	178

(L) If the court, at an adjudicatory hearing held pursuant	179
to division (A) of this section upon a complaint alleging that a	180
child is an abused, neglected, dependent, delinquent, or unruly	181
child or a juvenile traffic offender, determines that the child is	182
a dependent child, the court shall incorporate that determination	183
into written findings of fact and conclusions of law and enter	184
those findings of fact and conclusions of law in the record of the	185
case. The court shall include in those findings of fact and	186
conclusions of law specific findings as to the existence of any	187
danger to the child and any underlying family problems that are	188
the basis for the court's determination that the child is a	189
dependent child.	190

Sec. 2151.35.  (A)(1) Except as otherwise provided by	191
division (A)(3) of this section or in section 2152.13 of the	192
Revised Code, the juvenile court may conduct its hearings in an	193
informal manner and may adjourn its hearings from time to time.	194
The court may exclude the general public from its hearings in a	195
particular case if the court holds a separate hearing to determine	196
whether that exclusion is appropriate. If the court decides that	197
exclusion of the general public is appropriate, the court still	198
may admit to a particular hearing or all of the hearings relating	199
to a particular case those persons who have a direct interest in	200
the case and those who demonstrate that their need for access	201
outweighs the interest in keeping the hearing closed.	202

Except cases involving children who are alleged to be unruly	203
or delinquent children for being habitual or chronic truants and	204
cases involving children who are alleged to be delinquent children	205
for having committed a violation of section 2909.09 of the Revised	206
Code or a substantially similar municipal ordinance and who	207
previously have been adjudicated delinquent for having committed	208
such a violation and except as otherwise provided in section	209
2152.13 of the Revised Code, all cases involving children shall be	210
heard separately and apart from the trial of cases against adults.	211
The court may excuse the attendance of the child at the hearing in	212
cases involving abused, neglected, or dependent children. The	213
court shall hear and determine all cases of children without a	214
jury, except cases involving serious youthful offenders under	215
section 2152.13 of the Revised Code.	216

If a complaint alleges a child to be a delinquent child,	217
unruly child, or juvenile traffic offender, the court shall	218
require the parent, guardian, or custodian of the child to attend	219
all proceedings of the court regarding the child. If a parent,	220
guardian, or custodian fails to so attend, the court may find the	221
parent, guardian, or custodian in contempt.	222

If the court finds from clear and convincing evidence that	223
the child violated section 2151.87 of the Revised Code, the court	224
shall proceed in accordance with divisions (F) and (G) of that	225
section.	226

If the court at the adjudicatory hearing finds from clear and	227
convincing evidence that the child is an abused, neglected, or	228
dependent child, the court shall proceed, in accordance with	229
division (B) of this section, to hold a dispositional hearing and	230
hear the evidence as to the proper disposition to be made under	231
section 2151.353 of the Revised Code. If the court at the	232
adjudicatory hearing finds beyond a reasonable doubt that the	233
child is a delinquent or unruly child or a juvenile traffic	234
offender, the court shall proceed immediately, or at a postponed	235
hearing, to hear the evidence as to the proper disposition to be	236
made under section 2151.354 or Chapter 2152. of the Revised Code.	237
If the court at the adjudicatory hearing finds beyond a reasonable	238
doubt that the child is an unruly child for being an habitual	239
truant, or that the child is an unruly child for being an habitual	240
truant and that the parent, guardian, or other person having care	241
of the child has failed to cause the child's attendance at school	242
in violation of section 3321.38 of the Revised Code, the court	243
shall proceed to hold a hearing to hear the evidence as to the	244
proper disposition to be made in regard to the child under	245
division (C)(1) of section 2151.354 of the Revised Code and the	246
proper action to take in regard to the parent, guardian, or other	247
person having care of the child under division (C)(2) of section	248
2151.354 of the Revised Code. If the court at the adjudicatory	249
hearing finds beyond a reasonable doubt that the child is a	250
delinquent child for being a chronic truant or for being an	251
habitual truant who previously has been adjudicated an unruly	252
child for being an habitual truant, or that the child is a	253
delinquent child for either of those reasons and the parent,	254
guardian, or other person having care of the child has failed to	255
cause the child's attendance at school in violation of section	256
3321.38 of the Revised Code, the court shall proceed to hold a	257
hearing to hear the evidence as to the proper disposition to be	258
made in regard to the child under division (A)(6)(a) of section	259
2152.19 of the Revised Code and the proper action to take in	260
regard to the parent, guardian, or other person having care of the	261
child under division (A)(6)(b) of section 2152.19 of the Revised	262
Code.	263

If the court at the adjudicatory hearing finds beyond a	264
reasonable doubt that the child is a delinquent child for having	265
committed a violation of section 2909.09 of the Revised Code or a	266
substantially similar municipal ordinance, the court shall make an	267
order of disposition in regard to the child in accordance with	268
division (E)(2) of section 2152.19 of the Revised Code and shall	269
issue an order to the parent, guardian, or other person having	270
care of the child as described in that division. In addition, if	271
the court also finds by a preponderance of the evidence that the	272
child previously was adjudicated a delinquent child for committing	273
a violation of that section or a substantially similar municipal	274
ordinance and that the parent, guardian, or other person having	275
care of the child failed to prevent the latest violation, the	276
court also may find the parent, guardian, or other person having	277
care of the child in contempt of the court order issued regarding	278
the prior violation under division (E)(2)(b) of section 2152.19 of	279
the Revised Code and may fine the parent, guardian, or other	280
person having care of the child the amount specified in division	281
(E)(2)(c) of that section.	282

If the court does not find the child to have violated section	283
2151.87 of the Revised Code or to be an abused, neglected,	284
dependent, delinquent, or unruly child or a juvenile traffic	285
offender, it shall order that the case be dismissed and that the	286
child be discharged from any detention or restriction theretofore	287
ordered.	288

(2) A record of all testimony and other oral proceedings in	289
juvenile court shall be made in all proceedings that are held	290
pursuant to section 2151.414 of the Revised Code or in which an	291
order of disposition may be made pursuant to division (A)(4) of	292
section 2151.353 of the Revised Code, and shall be made upon	293
request in any other proceedings. The record shall be made as	294
provided in section 2301.20 of the Revised Code.	295

(3) The authority of a juvenile court to exclude the general	296
public from its hearings that is provided by division (A)(1) of	297
this section does not limit or affect any right of a victim of a	298
crime or delinquent act, or of a victim's representative, under	299
Chapter 2930. of the Revised Code.	300

(B)(1) If the court at an adjudicatory hearing determines	301
that a child is an abused, neglected, or dependent child, the	302
court shall not issue a dispositional order until after the court	303
holds a separate dispositional hearing. The court may hold the	304
dispositional hearing for an adjudicated abused, neglected, or	305
dependent child immediately after the adjudicatory hearing if all	306
parties were served prior to the adjudicatory hearing with all	307
documents required for the dispositional hearing. The	308
dispositional hearing may not be held more than thirty days after	309
the adjudicatory hearing is held. The court, upon the request of	310
any party or the guardian ad litem of the child, may continue a	311
dispositional hearing for a reasonable time not to exceed the time	312
limits set forth in this division to enable a party to obtain or	313
consult counsel. The dispositional hearing shall not be held more	314
than ninety days after the date on which the complaint in the case	315
was filed.	316

If the dispositional hearing is not held within the period of	317
time required by this division, the court, on its own motion or	318
the motion of any party or the guardian ad litem of the child,	319
shall dismiss the complaint without prejudice.	320

(2) The dispositional hearing shall be conducted in	321
accordance with all of the following:	322

(a) The judge or referee who presided at the adjudicatory	323
hearing shall preside, if possible, at the dispositional hearing;	324

(b) The court may admit any evidence that is material and	325
relevant, including, but not limited to, hearsay, opinion, and	326
documentary evidence;	327

(c) Medical examiners and each investigator who prepared a	328
social history shall not be cross-examined, except upon consent of	329
the parties, for good cause shown, or as the court in its	330
discretion may direct. Any party may offer evidence	331
supplementing, explaining, or disputing any information contained	332
in the social history or other reports that may be used by the	333
court in determining disposition.	334

(3) After the conclusion of the dispositional hearing, the	335
court shall enter an appropriate judgment within seven days and	336
shall schedule the date for the hearing to be held pursuant to	337
section 2151.415 of the Revised Code. The court may make any	338
order of disposition that is set forth in section 2151.353 of the	339
Revised Code. A copy of the judgment shall be given to each party	340
and to the child's guardian ad litem. If the judgment is	341
conditional, the order shall state the conditions of the judgment.	342
If the child is not returned to the child's own home, the court	343
shall determine which school district shall bear the cost of the	344
child's education and shall comply with section 2151.36 of the	345
Revised Code.	346

(4) As part of its dispositional order, the court may issue	347
any order described in division (B) of section 2151.33 of the	348
Revised Code.	349

(C) The court shall give all parties to the action and the	350
child's guardian ad litem notice of the adjudicatory and	351
dispositional hearings in accordance with the Juvenile Rules.	352

(D) If the court issues an order pursuant to division (A)(4)	353
of section 2151.353 of the Revised Code committing a child to the	354
permanent custody of a public children services agency or a	355
private child placing agency, the parents of the child whose	356
parental rights were terminated cease to be parties to the action	357
upon the issuance of the order. This division is not intended to	358
eliminate or restrict any right of the parents to appeal the	359
permanent custody order issued pursuant to division (A)(4) of	360
section 2151.353 of the Revised Code.	361

(E) Each juvenile court shall schedule its hearings in	362
accordance with the time requirements of this chapter.	363

(F) In cases regarding abused, neglected, or dependent	364
children, the court may admit any statement of a child that the	365
court determines to be excluded by the hearsay rule if the	366
proponent of the statement informs the adverse party of the	367
proponent's intention to offer the statement and of the	368
particulars of the statement, including the name of the declarant,	369
sufficiently in advance of the hearing to provide the party with a	370
fair opportunity to prepare to challenge, respond to, or defend	371
against the statement, and the court determines all of the	372
following:	373

(1) The statement has circumstantial guarantees of	374
trustworthiness;	375

(2) The statement is offered as evidence of a material fact;

376

(3) The statement is more probative on the point for which	377
it is offered than any other evidence that the proponent can	378
procure through reasonable efforts;	379

(4) The general purposes of the evidence rules and the	380
interests of justice will best be served by the admission of the	381
statement into evidence.	382

(G) If a child is alleged to be an abused child, the court	383
may order that the testimony of the child be taken by deposition.	384
On motion of the prosecuting attorney, guardian ad litem, or any	385
party, or in its own discretion, the court may order that the	386
deposition be videotaped. Any deposition taken under this	387
division shall be taken with a judge or referee present.	388

If a deposition taken under this division is intended to be	389
offered as evidence at the hearing, it shall be filed with the	390
court. Part or all of the deposition is admissible in evidence if	391
counsel for all parties had an opportunity and similar motive at	392
the time of the taking of the deposition to develop the testimony	393
by direct, cross, or redirect examination and the judge determines	394
that there is reasonable cause to believe that if the child were	395
to testify in person at the hearing, the child would experience	396
emotional trauma as a result of participating at the hearing.	397

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	398
child, the court may make any of the following orders of	399
disposition, in addition to any other disposition authorized or	400
required by this chapter:	401

(1) Any order that is authorized by section 2151.353 of the	402
Revised Code for the care and protection of an abused, neglected,	403
or dependent child.	404

(2) Commit the child to the temporary custody of any school,	405
camp, institution, or other facility operated for the care of	406
delinquent children by the county, by a district organized under	407
section 2152.41 or 2151.65 of the Revised Code, or by a private	408
agency or organization, within or without the state, that is	409
authorized and qualified to provide the care, treatment, or	410
placement required;	411

(3) Place the child on community control under any	412
sanctions, services, and conditions that the court prescribes. As	413
a condition of community control in every case and in addition to	414
any other condition that it imposes upon the child, the court	415
shall require the child to abide by the law during the period of	416
community control. As referred to in this division, community	417
control includes, but is not limited to, the following sanctions	418
and conditions:	419

(a) A period of basic probation supervision in which the	420
child is required to maintain contact with a person appointed to	421
supervise the child in accordance with sanctions imposed by the	422
court;	423

(b) A period of intensive probation supervision in which the	424
child is required to maintain frequent contact with a person	425
appointed by the court to supervise the child while the child is	426
seeking or maintaining employment and participating in training,	427
education, and treatment programs as the order of disposition;	428

(c) A period of day reporting in which the child is required	429
each day to report to and leave a center or another approved	430
reporting location at specified times in order to participate in	431
work, education or training, treatment, and other approved	432
programs at the center or outside the center;	433

(d) A period of community service of up to five hundred	434
hours for an act that would be a felony or a misdemeanor of the	435
first degree if committed by an adult, up to two hundred hours for	436
an act that would be a misdemeanor of the second, third, or fourth	437
degree if committed by an adult, or up to thirty hours for an act	438
that would be a minor misdemeanor if committed by an adult;	439

(e) A requirement that the child obtain a high school	440
diploma, a certificate of high school equivalence, vocational	441
training, or employment;	442

(f) A period of drug and alcohol use monitoring;

443

(g) A requirement of alcohol or drug assessment or	444
counseling, or a period in an alcohol or drug treatment program	445
with a level of security for the child as determined necessary by	446
the court;	447

(h) A period in which the court orders the child to observe	448
a curfew that may involve daytime or evening hours;	449

(i) A requirement that the child serve monitored time;

450

(j) A period of house arrest with or without electronic	451
monitoring;	452

(k) A period of electronic monitoring without house arrest or	453
electronically monitored house arrest that does not exceed the	454
maximum sentence of imprisonment that could be imposed upon an	455
adult who commits the same act.	456

A period of electronically monitored house arrest imposed	457
under this division shall not extend beyond the child's	458
twenty-first birthday. If a court imposes a period of	459
electronically monitored house arrest upon a child under this	460
division, it shall require the child: to wear, otherwise have	461
attached to the child's person, or otherwise be subject to	462
monitoring by a certified electronic monitoring device or to	463
participate in the operation of and monitoring by a certified	464
electronic monitoring system; to remain in the child's home or	465
other specified premises for the entire period of electronically	466
monitored house arrest except when the court permits the child to	467
leave those premises to go to school or to other specified	468
premises; to be monitored by a central system that can determine	469
the child's location at designated times; to report periodically	470
to a person designated by the court; and to enter into a written	471
contract with the court agreeing to comply with all requirements	472
imposed by the court, agreeing to pay any fee imposed by the court	473
for the costs of the electronically monitored house arrest, and	474
agreeing to waive the right to receive credit for any time served	475
on electronically monitored house arrest toward the period of any	476
other dispositional order imposed upon the child if the child	477
violates any of the requirements of the dispositional order of	478
electronically monitored house arrest. The court also may impose	479
other reasonable requirements upon the child.	480

Unless ordered by the court, a child shall not receive credit	481
for any time served on electronically monitored house arrest	482
toward any other dispositional order imposed upon the child for	483
the act for which was imposed the dispositional order of	484
electronically monitored house arrest.	485

(l) A suspension of the driver's license, probationary	486
driver's license, or temporary instruction permit issued to the	487
child or a suspension of the registration of all motor vehicles	488
registered in the name of the child. A child whose license or	489
permit is so suspended is ineligible for issuance of a license or	490
permit during the period of suspension. At the end of the period	491
of suspension, the child shall not be reissued a license or permit	492
until the child has paid any applicable reinstatement fee and	493
complied with all requirements governing license reinstatement.	494

(4) Commit the child to the custody of the court;

495

(5) Require the child to not be absent without legitimate	496
excuse from the public school the child is supposed to attend for	497
five or more consecutive days, seven or more school days in one	498
school month, or twelve or more school days in a school year;	499

(6)(a) If a child is adjudicated a delinquent child for	500
being a chronic truant or an habitual truant who previously has	501
been adjudicated an unruly child for being a habitual truant, do	502
either or both of the following:	503

(i) Require the child to participate in a truancy prevention	504
mediation program;	505

(ii) Make any order of disposition as authorized by this	506
section, except that the court shall not commit the child to a	507
facility described in division (A)(2) of this section unless the	508
court determines that the child violated a lawful court order made	509
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	510
Code or division (A)(5) of this section.	511

(b) If a child is adjudicated a delinquent child for being a	512
chronic truant or a habitual truant who previously has been	513
adjudicated an unruly child for being a habitual truant and the	514
court determines that the parent, guardian, or other person having	515
care of the child has failed to cause the child's attendance at	516
school in violation of section 3321.38 of the Revised Code, do	517
either or both of the following:	518

(i) Require the parent, guardian, or other person having	519
care of the child to participate in a truancy prevention mediation	520
program;	521

(ii) Require the parent, guardian, or other person having	522
care of the child to participate in any community service program,	523
preferably a community service program that requires the	524
involvement of the parent, guardian, or other person having care	525
of the child in the school attended by the child.	526

(7) Make any further disposition that the court finds	527
proper, except that the child shall not be placed in any of the	528
following:	529

(a) A state correctional institution, a county, multicounty,	530
or municipal jail or workhouse, or another place in which an adult	531
convicted of a crime, under arrest, or charged with a crime is	532
held;	533

(b) A community corrections facility, if the child would be	534
covered by the definition of public safety beds for purposes of	535
sections 5139.41 to 5139.45 of the Revised Code if the court	536
exercised its authority to commit the child to the legal custody	537
of the department of youth services for institutionalization or	538
institutionalization in a secure facility pursuant to this	539
chapter.	540

(B) If a child is adjudicated a delinquent child, in	541
addition to any order of disposition made under division (A) of	542
this section, the court, in the following situations, shall	543
suspend the child's temporary instruction permit, restricted	544
license, probationary driver's license, or nonresident operating	545
privilege, or suspend the child's ability to obtain such a permit:	546

(1) The child is adjudicated a delinquent child for	547
violating section 2923.122 of the Revised Code, with the	548
suspension and denial being in accordance with division (E)(1)(a),	549
(c), (d), or (e) of section 2923.122 of the Revised Code.	550

(2) The child is adjudicated a delinquent child for	551
committing an act that if committed by an adult would be a drug	552
abuse offense or for violating division (B) of section 2917.11 of	553
the Revised Code, with the suspension continuing until the child	554
attends and satisfactorily completes a drug abuse or alcohol abuse	555
education, intervention, or treatment program specified by the	556
court. During the time the child is attending the program, the	557
court shall retain any temporary instruction permit, probationary	558
driver's license, or driver's license issued to the child, and the	559
court shall return the permit or license when the child	560
satisfactorily completes the program.	561

(C) The court may establish a victim-offender mediation	562
program in which victims and their offenders meet to discuss the	563
offense and suggest possible restitution. If the court obtains	564
the assent of the victim of the delinquent act committed by the	565
child, the court may require the child to participate in the	566
program.	567

(D)(1) If a child is adjudicated a delinquent child for	568
committing an act that would be a felony if committed by an adult	569
and if the child caused, attempted to cause, threatened to cause,	570
or created a risk of physical harm to the victim of the act, the	571
court, prior to issuing an order of disposition under this	572
section, shall order the preparation of a victim impact statement	573
by the probation department of the county in which the victim of	574
the act resides, by the court's own probation department, or by a	575
victim assistance program that is operated by the state, a county,	576
a municipal corporation, or another governmental entity. The court	577
shall consider the victim impact statement in determining the	578
order of disposition to issue for the child.	579

(2) Each victim impact statement shall identify the victim	580
of the act for which the child was adjudicated a delinquent child,	581
itemize any economic loss suffered by the victim as a result of	582
the act, identify any physical injury suffered by the victim as a	583
result of the act and the seriousness and permanence of the	584
injury, identify any change in the victim's personal welfare or	585
familial relationships as a result of the act and any	586
psychological impact experienced by the victim or the victim's	587
family as a result of the act, and contain any other information	588
related to the impact of the act upon the victim that the court	589
requires.	590

(3) A victim impact statement shall be kept confidential and	591
is not a public record. However, the court may furnish copies of	592
the statement to the department of youth services if the	593
delinquent child is committed to the department or to both the	594
adjudicated delinquent child or the adjudicated delinquent child's	595
counsel and the prosecuting attorney. The copy of a victim impact	596
statement furnished by the court to the department pursuant to	597
this section shall be kept confidential and is not a public	598
record. The copies of a victim impact statement that are made	599
available to the adjudicated delinquent child or the adjudicated	600
delinquent child's counsel and the prosecuting attorney pursuant	601
to this division shall be returned to the court by the person to	602
whom they were made available immediately following the imposition	603
of an order of disposition for the child under this chapter.	604

(4) The department of youth services shall work with local	605
probation departments and victim assistance programs to develop a	606
standard victim impact statement.	607

(E)(1) If a child is adjudicated a delinquent child for	608
being a chronic truant or an habitual truant who previously has	609
been adjudicated an unruly child for being an habitual truant and	610
the court determines that the parent, guardian, or other person	611
having care of the child has failed to cause the child's	612
attendance at school in violation of section 3321.38 of the	613
Revised Code, in addition to any order of disposition it makes	614
under this section, the court shall warn the parent, guardian, or	615
other person having care of the child that any subsequent	616
adjudication of the child as an unruly or delinquent child for	617
being an habitual or chronic truant may result in a criminal	618
charge against the parent, guardian, or other person having care	619
of the child for a violation of division (C) of section 2919.21 or	620
section 2919.24 of the Revised Code.	621

(2) If a child is adjudicated a delinquent child for	622
committing a violation of section 2909.09 of the Revised Code or a	623
substantially similar municipal ordinance, all of the following	624
apply:	625

(a) The court shall make any order of disposition for the	626
child required by this chapter and in addition may make any order	627
of disposition for the child authorized by this chapter.	628

(b) In addition to any order of disposition it makes for	629
the child under this chapter, the court shall issue an order to	630
the parent, guardian, or other person having care of the child	631
requiring that parent, guardian, or other person to prevent the	632
child from committing another violation of that section or a	633
substantially similar ordinance. The order shall warn the parent,	634
guardian, or other person having care of the child that, if the	635
child subsequently is adjudicated a delinquent child for again	636
committing a violation of that section or a substantially similar	637
municipal ordinance, in relation to the subsequent adjudication,	638
the court may impose a fine of not more than twenty thousand	639
dollars on the parent, guardian, or other person having care of	640
the child for violation of the court order.	641

(c) If the child previously was adjudicated delinquent for	642
committing a violation of section 2909.09 of the Revised Code or a	643
substantially similar municipal ordinance and if the court also	644
finds by a preponderance of the evidence that the parent,	645
guardian, or other person having care of the child violated a	646
court order of the type described in division (E)(2)(b) of this	647
section that was imposed regarding the prior violation, in	648
addition to any order of disposition it makes for the child under	649
this chapter and in addition to the order it issues under division	650
(E)(2)(b) of this section, the court may impose a fine of not more	651
than twenty thousand dollars on the parent, guardian, or other	652
person having care of the child for violating the court order	653
imposed regarding the prior violation. Prior to imposing a fine	654
under this division, the court shall hear any testimony that the	655
parent, guardian, or other person having care of the child offers	656
that would explain why the parent, guardian, or other person	657
having care of the child was not able to prevent the child from	658
committing the subsequent violation. The court may hear this	659
testimony at the same proceeding during which the child is	660
adjudicated a delinquent child for committing the violation of	661
section 2909.09 of the Revised Code or a substantially similar	662
municipal ordinance or at a separate proceeding. In determining	663
the amount of a fine to be imposed under this division, the court	664
shall give due consideration to this testimony but shall assign	665
the probative value to the testimony that the court determines is	666
proper. All fines collected pursuant to this division shall be	667
deposited in the state treasury to the credit of the highway	668
operating fund created by section 5735.291 of the Revised Code and	669
shall be used and expended as described in section 5579.11 of the	670
Revised Code.	671

(F)(1) During the period of a delinquent child's community	672
control granted under this section, authorized probation officers	673
who are engaged within the scope of their supervisory duties or	674
responsibilities may search, with or without a warrant, the person	675
of the delinquent child, the place of residence of the delinquent	676
child, and a motor vehicle, another item of tangible or intangible	677
personal property, or other real property in which the delinquent	678
child has a right, title, or interest or for which the delinquent	679
child has the express or implied permission of a person with a	680
right, title, or interest to use, occupy, or possess if the	681
probation officers have reasonable grounds to believe that the	682
delinquent child is not abiding by the law or otherwise is not	683
complying with the conditions of the delinquent child's community	684
control. The court that places a delinquent child on community	685
control under this section shall provide the delinquent child with	686
a written notice that informs the delinquent child that authorized	687
probation officers who are engaged within the scope of their	688
supervisory duties or responsibilities may conduct those types of	689
searches during the period of community control if they have	690
reasonable grounds to believe that the delinquent child is not	691
abiding by the law or otherwise is not complying with the	692
conditions of the delinquent child's community control. The court	693
also shall provide the written notice described in division (E)(2)	694
of this section to each parent, guardian, or custodian of the	695
delinquent child who is described in that division.	696

(2) The court that places a child on community control under	697
this section shall provide the child's parent, guardian, or other	698
custodian with a written notice that informs them that authorized	699
probation officers may conduct searches pursuant to division	700
(E)(1) of this section. The notice shall specifically state that	701
a permissible search might extend to a motor vehicle, another item	702
of tangible or intangible personal property, or a place of	703
residence or other real property in which a notified parent,	704
guardian, or custodian has a right, title, or interest and that	705
the parent, guardian, or custodian expressly or impliedly permits	706
the child to use, occupy, or possess.	707

(G) If a juvenile court commits a delinquent child to the	708
custody of any person, organization, or entity pursuant to this	709
section and if the delinquent act for which the child is so	710
committed is a sexually oriented offense, the court in the order	711
of disposition shall inform the person, organization, or entity	712
that it is the preferred course of action in this state that the	713
child be provided treatment as described in division (A)(2) of	714
section 5139.13 of the Revised Code and shall encourage the	715
person, organization, or entity to provide that treatment.	716

Sec. 2705.05.  (A) InExcept as provided in division (B) of	717
this section, in all contempt proceedings, the court shall conduct	718
a hearing. At the hearing, the court shall investigate the charge	719
and hear any answer or testimony that the accused makes or offers	720
and shall determine whether the accused is guilty of the contempt	721
charge. If the accused is found guilty, the court may impose any	722
of the following penalties:	723

(1) For a first offense, a fine of not more than two hundred	724
fifty dollars, a definite term of imprisonment of not more than	725
thirty days in jail, or both;	726

(2) For a second offense, a fine of not more than five	727
hundred dollars, a definite term of imprisonment of not more than	728
sixty days in jail, or both;	729

(3) For a third or subsequent offense, a fine of not more	730
than one thousand dollars, a definite term of imprisonment of not	731
more than ninety days in jail, or both.	732

(B) In determining whether to impose a fine for contempt	733
under division (E)(2)(b) of section 2152.19 of the Revised Code, a	734
juvenile court is not required to conduct a separate hearing as	735
required by division (A) of this section, but the court shall	736
comply with the procedures described in division (E)(2)(b) of	737
section 2152.19 of the Revised Code prior to imposing the fine.	738

(C) In all contempt proceedings initiated pursuant to	739
section 2705.031 of the Revised Code against an employer, the	740
bureau of workers' compensation, an employer that is paying	741
workers' compensation benefits, a board, board of trustees, or	742
other governing entity of a retirement system, person paying or	743
distributing income to an obligor under a support order, or	744
financial institution that is ordered to withhold or deduct an	745
amount of money from the income or other assets of a person	746
required to pay support and that fails to withhold or deduct the	747
amount of money as ordered by the support order, the court also	748
may require the employer, the bureau of workers' compensation, an	749
employer that is paying workers' compensation benefits, a board,	750
board of trustees, or other governing entity of a retirement	751
system, person paying or distributing income to an obligor under a	752
support order, or financial institution to pay the accumulated	753
support arrearages.	754

Sec. 2909.09. (A) As used in this section:

755

(1) "Highway" means any highway as defined in section	756
4511.01 of the Revised Code or any lane, road, street, alley,	757
bridge, or overpass.	758

(2) "Alley," "street," "streetcar," "trackless trolley,"	759
and "vehicle" have the same meanings as in section 4511.01 of the	760
Revised Code.	761

(3) "Vessel" and "waters in this state" have the same	762
meanings as in section 1547.01 of the Revised Code.	763

(B) No person shall knowingly, and by any means, drop or	764
throw any object at, onto, or in the path of any of the following:	765

(1) Any vehicle, streetcar, or trackless trolley on a	766
highway;	767

(2) Any boat or vessel on any of the waters in this state.

768

(C) Whoever violates this section is guilty of vehicular	769
vandalism. Except as otherwise provided in this division,	770
vehicular vandalism is a misdemeanor of the first degree. Except	771
as otherwise provided in this division, if the violation of this	772
section causes physical harm to property, vehicular vandalism is a	773
felony of the fifth degree. Except as otherwise provided in this	774
division, if the violation of this section creates a risk of	775
physical harm to any person or the violation of this section	776
causes physical harm to property and the value of the property so	777
harmed is five thousand dollars or more but less than one hundred	778
thousand dollars, vehicular vandalism is a felony of the fourth	779
degree. Except as otherwise provided in this division, if the	780
violation of this section causes physical harm to any person or	781
the violation of this section causes physical harm to property and	782
the value of the property so harmed is one hundred thousand	783
dollars or more, vehicular vandalism is a felony of the third	784
degree. If the violation of this section causes serious physical	785
harm to any person, vehicular vandalism is a felony of the second	786
degree.	787

Sec. 5579.11. All fines imposed under division (E)(2) of	788
section 2152.19 of the Revised Code shall be deposited into the	789
state treasury to the credit of the highway operating fund created	790
by section 5735.291 of the Revised Code. Notwithstanding sections	791
5735.29 and 5735.291 of the Revised Code, the department of	792
transportation shall use the fine money so deposited in the fund	793
to pay the cost of installing fences on highways, bridges, and	794
overpasses that are part of the state highway system to prevent	795
the dropping, throwing, hoisting, or transferring of objects from	796
those locations.	797

The department shall expend all such money so deposited in	798
the fund in the department of transportation district in which	799
occurred the violation of section 2909.09 of the Revised Code or a	800
substantially similar municipal ordinance that was the basis for	801
the contempt of court charge that resulted in the imposition of	802
the fine.	803

Section 2. That existing sections 2151.28, 2151.35, 2152.19,	804
and 2705.05 of the Revised Code are hereby repealed.	805

Section 3.  Section 2151.28 of the Revised Code is presented	806
in this act as a composite of the section as amended by both Am.	807
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly.	808
Section 2151.35 of the Revised Code, scheduled to take effect	809
January 1, 2002, is presented in this act as a composite of the	810
section as amended by both Am. Sub. S.B. 179 and Sub. S.B. 218 of	811
the 123rd General Assembly. The General Assembly, applying the	812
principle stated in division (B) of section 1.52 of the Revised	813
Code that amendments are to be harmonized if reasonably capable of	814
simultaneous operation, finds that the composite is the resulting	815
version of the section in effect prior to the effective date of	816
the section as presented in this act.	817

Section 4. There is hereby created the Highway, Bridge, and	818
Overpass Vandal Fence Task Force, consisting of the Governor or	819
the Governor's designee, one person appointed by the Director of	820
Transportation, one person appointed by the Director of Public	821
Safety, who shall be the Superintendent or a trooper of the State	822
Highway Patrol, one person appointed by the Buckeye State Sheriffs	823
Association, one person appointed by the Ohio Association of	824
Chiefs of Police, one person appointed by the County Engineers	825
Association of Ohio, and three or more members of the public	826
appointed by the Governor. The Governor or the Governor's	827
designee shall be chairperson of the Task Force, and the Task	828
Force members shall elect a vice-chairperson from among their	829
members and appoint a secretary, who need not be a member of the	830
Task Force. A vacancy shall be filled in the same manner as the	831
original appointment. Members of the Task Force shall not receive	832
a salary, but the three Task Force members the Governor appoints	833
shall be reimbursed for the actual expenses they incur in	834
performing their duties as Task Force members.	835

The Task Force shall do all of the following:

836

(A) Develop an awareness program with local law enforcement	837
officials and the Ohio Department of Transportation relative to	838
the problem of objects thrown from highways, bridges, and	839
overpasses;	840

(B) Review and evaluate the overall situation regarding	841
objects thrown from highways, bridges, and overpasses, including	842
the types and number of objects thrown yearly, the perpetrators	843
involved, the locations within this state where such throwing has	844
occurred, and any other aspects of this criminal activity the Task	845
Force determines to be relevant and significant;	846

(C) Facilitate communication between the Ohio Department of	847
Transportation and law enforcement agencies by developing a	848
central computer system to track these incidents;	849

(D) Examine the value of the improved safety resulting from	850
the installation of vandal fences on all bridges and overpasses on	851
interstate freeways relative to the cost of such installation.	852

The Task Force shall compile its findings and formulate	853
recommendations and report these to a joint House of	854
Representatives and Senate Transportation Committee not later than	855
September 30, 2003. The joint committee shall consist of eight	856
members, four from the Senate appointed by the President of the	857
Senate and four from the House of Representatives appointed by the	858
Speaker. After the Task Force presents its report, the Governor	859
may declare the end to the existence of the Task Force or may	860
declare that the Task Force will remain in existence for such	861
additional time as the Governor determines necessary. If the	862
Governor declares that the Task Force will remain in existence,	863
the Task Force shall examine any issues relating to the throwing	864
of objects from highways, bridges, and overpasses that the Task	865
Force chooses to examine, until the Governor declares the end to	866
the existence of the Task Force.	867