H. B. No. 49 As Introduced

Representatives Hughes, Seitz, McGregor, Husted, Seaver, J. Stewart, Brinkman

A BILL

To amend sections 9.92 and 2949.092 and to enact 1
section 9.23 of the Revised Code to provide 2
testimonial privilege to persons who provide 3
information to citizens' reward programs, to 4
permit a Board of County Commissioners to enter 5
into an agreement of affiliation with a citizens' 6
reward program, and to require the imposition of 7
one dollar in additional court costs to assist in 8
the funding of affiliated citizens' reward 9
programs. 10

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

       Section 1. That sections 9.92 and 2949.092 be amended and 11
section 9.23 of the Revised Code be enacted to read as follows: 12

       Sec. 9.23. (A) As used in this section, "citizens' reward 13
program" has the same meaning as in section 9.92 of the Revised 14
Code. 15

        (B) Any record containing the name or telephone number of a 16
person, or containing any other information that identifies a 17
person, who provides anonymous information to a citizens' reward 18
program is confidential information and is not a public record for 19
purposes of section 149.43 of the Revised Code. 20

       (C) A person or government agency that considers it necessary 21
to require an informant who provides anonymous information to a 22
citizens' reward program to testify in a criminal case that is 23
related to that information and in which the person or government 24
agency is a party may file an in camera motion with the court in 25
which the case is being heard. The motion shall identify the name 26
of the informant by pseudonym and shall identify the name of the 27
citizens' reward program that received the information. Upon the 28
filing of the motion, the court shall order the program to provide 29
the name of the informant, and the citizens' reward program shall 30
confidentially communicate the name of the informant to the court. 31
The court shall provide the informant with notice and an 32
opportunity to participate in the proceedings if the informant is 33
not named as a party. The court shall conduct the proceedings on 34
the motion in chambers unless the informant agrees to a hearing in 35
open court. 36

       The court shall grant the motion only if it finds by clear 37
and convincing evidence that the movant demonstrated a compelling 38
need for the testimony. In assessing compelling need, the court 39
shall weigh the need for the testimony against the informant's 40
interest in anonymity and against any disservice to the public 41
interest that might result from requiring the informant to testify 42
in open court, such as retribution against the informant or the 43
deterrence of others from providing information to citizens' 44
reward programs. If the court grants the motion, it shall include 45
in the order requiring the informant to testify appropriate 46
precautions to protect the anonymity of the informant as much as 47
possible and to protect against retribution against the informant. 48

       Sec. 9.92. (A) As used in this section~~, "citizens'~~: 49

       (1) "Bail" has the same meaning as in section 2743.70 of the 50
Revised Code. 51

       (2) "Citizens' reward program" means any organization that 52
satisfies all of the following criteria: 53

       ~~(1)~~(a) It is a nonprofit organization; 54

       ~~(2)~~(b) It is organized and operated exclusively to offer and 55
pay rewards to citizens for volunteering tips and information to 56
law enforcement agencies concerning felonies, offenses of 57
violence, or misdemeanors that have been committed; 58

       ~~(3)~~(c) It has established a reward fund to be used solely for 59
the payment of rewards to citizens for volunteering tips and 60
information to law enforcement agencies concerning felonies, 61
offenses of violence, or misdemeanors that have been committed. 62

       (3) "Detention facility" has the same meaning as in section 63
2921.01 of the Revised Code. 64

       (B) A citizens' reward program may apply to the board of 65
county commissioners of any county or counties in which it 66
operates for recognition as the official reward program for that 67
county or counties. Upon receipt of the application, the board of 68
county commissioners shall determine if it is in proper order and 69
the information it contains is correct. If the application meets 70
these criteria, the board, by resolution, may officially recognize 71
the program. Recognition of a program by a county under this 72
division qualifies the program for funding of its reward fund 73
under division (E)(2) of section 2933.41 of the Revised Code. No 74
more than one such reward program shall be recognized in any 75
county. 76

       (C)(1) If a board of county commissioners enters into an 77
agreement of affiliation with a citizens' reward program pursuant 78
to division (D) of this section, a court of that county shall 79
impose the sum of one dollar as costs in any case in which a 80
person is convicted of or pleads guilty to any offense other than 81
a traffic offense that is not a moving violation. This one dollar 82
additional court costs is in addition to any other court costs 83
that the court is required by law to impose upon the offender and 84
shall be imposed by the court as long as the agreement of 85
affiliation remains in effect. The clerk of the court shall 86
transmit all such moneys collected during a month on or before the 87
twentieth day of the following month to the affiliated citizens' 88
reward program. 89

        (2) If a board of county commissioners enters into an 90
agreement of affiliation with a citizens' reward program pursuant 91
to division (D) of this section, whenever a person is charged with 92
any offense other than a traffic offense that is not a moving 93
violation and posts bail, a court of that county shall add to the 94
amount of the bail the one dollar required to be paid by division 95
(C)(1) of this section. The court shall add the one dollar to the 96
bail as long as the agreement of affiliation remains in effect. 97
The clerk of the court shall retain the one dollar collected 98
pursuant to this division until the person is convicted, pleads 99
guilty, forfeits bail, is found not guilty, or has the charges 100
dismissed. If the person is convicted, pleads guilty, or forfeits 101
bail, the clerk shall transmit the one dollar on or before the 102
twentieth day of the month following the month in which the person 103
was convicted, pleaded guilty, or forfeited bail to the affiliated 104
citizens' reward program. If the person is found not guilty or the 105
charges are dismissed, the clerk shall return the one dollar to 106
the person. 107

        (3) No person shall be placed or held in a detention facility 108
for failing to pay the additional one dollar court costs or bail 109
that are required to be paid by division (C)(1) or (2) of this 110
section. 111

        (4) A citizens' reward program receiving funds pursuant to 112
division (C)(1) or (2) of this section may use the funds for any 113
purpose described in division (A)(1)(b) or (c) of this section. 114

        (D)(1) Any citizens' reward program that is recognized under 115
division (B) of this section may enter into a written agreement of 116
affiliation with a board of county commissioners in the county in 117
which the program operates. Agreements of affiliation executed 118
pursuant to this division shall be valid for two years and may be 119
renewed. The agreements shall do all of the following: 120

        (a) Specify the relationship between the citizens' reward 121
program, the county, and law enforcement agencies in the county; 122

        (b) Specify that the citizens' reward program shall account 123
annually to the board of county commissioners for all funds raised 124
by the organization from all sources and all funds expended by the 125
organization for any purpose; 126

       (c) Allow the citizens' reward program to identify the 127
sources of funds raised generically rather than by name; 128

       (d) Prohibit the citizens' reward program from divulging the 129
amounts of individual rewards paid and the identity of any person 130
to whom a reward was paid. 131

        (2) In every county in which the board of county 132
commissioners approves of an agreement of affiliation, the board 133
shall notify the clerks of courts within the county of that 134
agreement of affiliation and of the duty to collect the additional 135
court costs and bail imposed pursuant to division (C) of this 136
section. 137

        (E) The recognition of a citizens' reward program under this 138
section does not make it a governmental unit for purposes of 139
section 149.43 of the Revised Code and does not subject it to the 140
disclosure provisions of that section. A board of county 141
commissioners that recognizes a citizens' reward program pursuant 142
to this section shall require the program to provide the board 143
with an accounting of all funds the program receives or disburses 144
subsequent to its recognition in order to maintain recognition. 145

       ~~(D)~~(F) A board of county commissioners that recognizes a 146
citizens' reward program under this section may by resolution 147
revoke its recognition of the program. The board shall send a copy 148
of the resolution, upon adoption, to the program and to each 149
appropriate law enforcement agency that has jurisdiction over the 150
territory served by the program. 151

       ~~(E)~~(G) An application for recognition of a citizens' reward 152
program shall contain all of the following information: 153

       (1) The name of the program and its mailing address; 154

       (2) The name and address of each of its officers or 155
officials; 156

       (3) Information sufficient to establish the intention and 157
ability of the program's officers to implement the program 158
throughout the county; 159

       (4) The purposes for which the program is organized and 160
operated and the services it offers; 161

       (5) A copy of the articles of incorporation and bylaws of the 162
program, if applicable, or a copy of the rules and procedures 163
under which the program is organized and operated; 164

       (6) Any other relevant information that the board of county 165
commissioners requires, by resolution. 166

       Sec. 2949.092. If a person is convicted of or pleads guilty 167
to an offense and the court specifically is required, pursuant to 168
section 9.92, 2743.70, or 2949.091 of the Revised Code or pursuant 169
to any other section of the Revised Code, to impose a specified 170
sum of money as costs in the case in addition to any other costs 171
that the court is required or permitted by law to impose in the 172
case, the court shall not waive the payment of the specified 173
additional court costs that the section of the Revised Code 174
specifically requires the court to impose unless the court 175
determines that the offender is indigent and the court waives the 176
payment of all court costs imposed upon the offender. 177

       Section 2. That existing sections 9.92 and 2949.092 of the 178
Revised Code are hereby repealed. 179

Section 1. That sections 9.92 and 2949.092 be amended and	11
section 9.23 of the Revised Code be enacted to read as follows:	12

Sec. 9.23. (A) As used in this section, "citizens' reward	13
program" has the same meaning as in section 9.92 of the Revised	14
Code.	15

(B) Any record containing the name or telephone number of a	16
person, or containing any other information that identifies a	17
person, who provides anonymous information to a citizens' reward	18
program is confidential information and is not a public record for	19
purposes of section 149.43 of the Revised Code.	20

(C) A person or government agency that considers it necessary	21
to require an informant who provides anonymous information to a	22
citizens' reward program to testify in a criminal case that is	23
related to that information and in which the person or government	24
agency is a party may file an in camera motion with the court in	25
which the case is being heard. The motion shall identify the name	26
of the informant by pseudonym and shall identify the name of the	27
citizens' reward program that received the information. Upon the	28
filing of the motion, the court shall order the program to provide	29
the name of the informant, and the citizens' reward program shall	30
confidentially communicate the name of the informant to the court.	31
The court shall provide the informant with notice and an	32
opportunity to participate in the proceedings if the informant is	33
not named as a party. The court shall conduct the proceedings on	34
the motion in chambers unless the informant agrees to a hearing in	35
open court.	36

The court shall grant the motion only if it finds by clear	37
and convincing evidence that the movant demonstrated a compelling	38
need for the testimony. In assessing compelling need, the court	39
shall weigh the need for the testimony against the informant's	40
interest in anonymity and against any disservice to the public	41
interest that might result from requiring the informant to testify	42
in open court, such as retribution against the informant or the	43
deterrence of others from providing information to citizens'	44
reward programs. If the court grants the motion, it shall include	45
in the order requiring the informant to testify appropriate	46
precautions to protect the anonymity of the informant as much as	47
possible and to protect against retribution against the informant.	48

(1) "Bail" has the same meaning as in section 2743.70 of the	50
Revised Code.	51

(2) "Citizens' reward program" means any organization that	52
satisfies all of the following criteria:	53

~~(2)~~(b) It is organized and operated exclusively to offer and	55
pay rewards to citizens for volunteering tips and information to	56
law enforcement agencies concerning felonies, offenses of	57
violence, or misdemeanors that have been committed;	58

~~(3)~~(c) It has established a reward fund to be used solely for	59
the payment of rewards to citizens for volunteering tips and	60
information to law enforcement agencies concerning felonies,	61
offenses of violence, or misdemeanors that have been committed.	62

(3) "Detention facility" has the same meaning as in section	63
2921.01 of the Revised Code.	64

(B) A citizens' reward program may apply to the board of	65
county commissioners of any county or counties in which it	66
operates for recognition as the official reward program for that	67
county or counties. Upon receipt of the application, the board of	68
county commissioners shall determine if it is in proper order and	69
the information it contains is correct. If the application meets	70
these criteria, the board, by resolution, may officially recognize	71
the program. Recognition of a program by a county under this	72
division qualifies the program for funding of its reward fund	73
under division (E)(2) of section 2933.41 of the Revised Code. No	74
more than one such reward program shall be recognized in any	75
county.	76

(C)(1) If a board of county commissioners enters into an	77
agreement of affiliation with a citizens' reward program pursuant	78
to division (D) of this section, a court of that county shall	79
impose the sum of one dollar as costs in any case in which a	80
person is convicted of or pleads guilty to any offense other than	81
a traffic offense that is not a moving violation. This one dollar	82
additional court costs is in addition to any other court costs	83
that the court is required by law to impose upon the offender and	84
shall be imposed by the court as long as the agreement of	85
affiliation remains in effect. The clerk of the court shall	86
transmit all such moneys collected during a month on or before the	87
twentieth day of the following month to the affiliated citizens'	88
reward program.	89

(2) If a board of county commissioners enters into an	90
agreement of affiliation with a citizens' reward program pursuant	91
to division (D) of this section, whenever a person is charged with	92
any offense other than a traffic offense that is not a moving	93
violation and posts bail, a court of that county shall add to the	94
amount of the bail the one dollar required to be paid by division	95
(C)(1) of this section. The court shall add the one dollar to the	96
bail as long as the agreement of affiliation remains in effect.	97
The clerk of the court shall retain the one dollar collected	98
pursuant to this division until the person is convicted, pleads	99
guilty, forfeits bail, is found not guilty, or has the charges	100
dismissed. If the person is convicted, pleads guilty, or forfeits	101
bail, the clerk shall transmit the one dollar on or before the	102
twentieth day of the month following the month in which the person	103
was convicted, pleaded guilty, or forfeited bail to the affiliated	104
citizens' reward program. If the person is found not guilty or the	105
charges are dismissed, the clerk shall return the one dollar to	106
the person.	107

(3) No person shall be placed or held in a detention facility	108
for failing to pay the additional one dollar court costs or bail	109
that are required to be paid by division (C)(1) or (2) of this	110
section.	111

(4) A citizens' reward program receiving funds pursuant to	112
division (C)(1) or (2) of this section may use the funds for any	113
purpose described in division (A)(1)(b) or (c) of this section.	114

(D)(1) Any citizens' reward program that is recognized under	115
division (B) of this section may enter into a written agreement of	116
affiliation with a board of county commissioners in the county in	117
which the program operates. Agreements of affiliation executed	118
pursuant to this division shall be valid for two years and may be	119
renewed. The agreements shall do all of the following:	120

(a) Specify the relationship between the citizens' reward	121
program, the county, and law enforcement agencies in the county;	122

(b) Specify that the citizens' reward program shall account	123
annually to the board of county commissioners for all funds raised	124
by the organization from all sources and all funds expended by the	125
organization for any purpose;	126

(c) Allow the citizens' reward program to identify the	127
sources of funds raised generically rather than by name;	128

(d) Prohibit the citizens' reward program from divulging the	129
amounts of individual rewards paid and the identity of any person	130
to whom a reward was paid.	131

(2) In every county in which the board of county	132
commissioners approves of an agreement of affiliation, the board	133
shall notify the clerks of courts within the county of that	134
agreement of affiliation and of the duty to collect the additional	135
court costs and bail imposed pursuant to division (C) of this	136
section.	137

(E) The recognition of a citizens' reward program under this	138
section does not make it a governmental unit for purposes of	139
section 149.43 of the Revised Code and does not subject it to the	140
disclosure provisions of that section. A board of county	141
commissioners that recognizes a citizens' reward program pursuant	142
to this section shall require the program to provide the board	143
with an accounting of all funds the program receives or disburses	144
subsequent to its recognition in order to maintain recognition.	145

~~(D)~~(F) A board of county commissioners that recognizes a	146
citizens' reward program under this section may by resolution	147
revoke its recognition of the program. The board shall send a copy	148
of the resolution, upon adoption, to the program and to each	149
appropriate law enforcement agency that has jurisdiction over the	150
territory served by the program.	151

~~(E)~~(G) An application for recognition of a citizens' reward	152
program shall contain all of the following information:	153

(2) The name and address of each of its officers or	155
officials;	156

(3) Information sufficient to establish the intention and	157
ability of the program's officers to implement the program	158
throughout the county;	159

(4) The purposes for which the program is organized and	160
operated and the services it offers;	161

(5) A copy of the articles of incorporation and bylaws of the	162
program, if applicable, or a copy of the rules and procedures	163
under which the program is organized and operated;	164

(6) Any other relevant information that the board of county	165
commissioners requires, by resolution.	166

Sec. 2949.092. If a person is convicted of or pleads guilty	167
to an offense and the court specifically is required, pursuant to	168
section 9.92, 2743.70, or 2949.091 of the Revised Code or pursuant	169
to any other section of the Revised Code, to impose a specified	170
sum of money as costs in the case in addition to any other costs	171
that the court is required or permitted by law to impose in the	172
case, the court shall not waive the payment of the specified	173
additional court costs that the section of the Revised Code	174
specifically requires the court to impose unless the court	175
determines that the offender is indigent and the court waives the	176
payment of all court costs imposed upon the offender.	177