As Reported by the Senate Judiciary--Criminal Justice Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 49


REPRESENTATIVES Hughes, Seitz, McGregor, Husted, Seaver, J. Stewart, Brinkman, Latta, Willamowski, Oelslager, Grendell, D. Evans, Brown, Collier, Barrett, Beatty, Cates, Chandler, Cirelli, Clancy, Daniels, DePiero, Domenick, Flowers, Hagan, Harwood, Jolivette, Key, Koziura, Niehaus, S. Patton, T. Patton, Perry, Price, Raussen, Reidelbach, Schneider, Sferra, Skindell, G. Smith, D. Stewart, Ujvagi, Webster

SENATORS Stivers, Austria



A BILL
To amend section 9.92 of the Revised Code to permit a 1
Board of County Commissioners to enter into an 2
agreement of affiliation with a citizens' reward 3
program and to require the imposition of one 4
dollar in additional court costs to assist in the 5
funding of affiliated citizens' reward programs.6


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

       Section 1. That section 9.92 of the Revised Code be amended7
to read as follows:8

       Sec. 9.92.  (A) As used in this section, "citizens':9

       (1) "Citizens' reward program" means any organization that10
satisfies all of the following criteria:11

       (1)(a) It is a nonprofit organization;12

       (2)(b) It is organized and operated exclusively to offer and13
pay rewards to citizens for volunteering tips and information to14
law enforcement agencies concerning felonies, offenses of15
violence, or misdemeanors that have been committed;16

       (3)(c) It has established a reward fund to be used solely for17
the payment of rewards to citizens for volunteering tips and18
information to law enforcement agencies concerning felonies,19
offenses of violence, or misdemeanors that have been committed.20

       (2) "Detention facility" has the same meaning as in section21
2921.01 of the Revised Code.22

       (B) A citizens' reward program may apply to the board of23
county commissioners of any county or counties in which it24
operates for recognition as the official reward program for that25
county or counties. Upon receipt of the application, the board of26
county commissioners shall determine if it is in proper order and27
the information it contains is correct. If the application meets28
these criteria, the board, by resolution, may officially recognize29
the program. Recognition of a program by a county under this30
division qualifies the program for funding of its reward fund31
under division (E)(2) of section 2933.41 of the Revised Code. No32
more than one such reward program shall be recognized in any33
county.34

       (C)(1) If a board of county commissioners enters into an35
agreement of affiliation with a citizens' reward program pursuant36
to division (D) of this section, any municipal court, county 37
court, or court of common pleas within the county shall impose the 38
sum of one dollar as costs in any case in which a person is 39
convicted of or pleads guilty to any offense other than a traffic 40
offense. This one dollar additional court costs is in addition to 41
any other court costs that the court is required by law to impose 42
upon the offender, and, the court shall impose the one dollar 43
additional court costs as long as the agreement of affiliation 44
remains in effect, but the court, in the court's discretion, may 45
remit this one dollar additional court costs to the offender. The 46
clerk of each court shall transmit all such moneys collected 47
during a month on or before the twentieth day of the following 48
month to the affiliated citizens' reward program.49

        (2) No person shall be placed or held in a detention facility 50
for failing to pay the additional one dollar court costs that are 51
required to be paid by division (C)(1) of this section.52

        (3) A citizens' reward program receiving funds pursuant to53
division (C)(1) of this section may use the funds for any purpose 54
described in division (A)(1)(b) or (c) of this section.55

        (D)(1) Any citizens' reward program that is recognized under56
division (B) of this section may enter into a written agreement of57
affiliation with a board of county commissioners in the county in58
which the program operates. Agreements of affiliation executed59
pursuant to this division shall be valid for two years and may be60
renewed. The agreements shall do all of the following:61

        (a) Specify the relationship between the citizens' reward62
program, the county, and law enforcement agencies in the county;63

        (b) Specify that the citizens' reward program shall account64
annually to the board of county commissioners for all funds raised65
by the organization from all sources and all funds expended by the66
organization for any purpose;67

       (c) Allow the citizens' reward program to itemize the sources 68
of funds raised without referring to the name of the source;69

       (d) Prohibit the citizens' reward program from divulging the70
identity of any person to whom a reward was paid.71

        (2) In every county in which the board of county72
commissioners approves of an agreement of affiliation, the board73
shall notify the clerk of each municipal court, county court, and 74
court of common pleas within the county of that agreement of 75
affiliation and of the duty to collect the additional court costs 76
imposed pursuant to division (C) of this section.77

        (E) The recognition of a citizens' reward program under this 78
section does not make it a governmental unit for purposes of79
section 149.43 of the Revised Code and does not subject it to the80
disclosure provisions of that section. A board of county81
commissioners that recognizes a citizens' reward program pursuant82
to this section shall require the program to provide the board83
with an accounting of all funds the program receives or disburses84
subsequent to its recognition in order to maintain recognition.85

       (D)(F) A board of county commissioners that recognizes a86
citizens' reward program under this section may by resolution87
revoke its recognition of the program. The board shall send a copy 88
of the resolution, upon adoption, to the program and to each89
appropriate law enforcement agency that has jurisdiction over the90
territory served by the program.91

       (E)(G) An application for recognition of a citizens' reward92
program shall contain all of the following information:93

       (1) The name of the program and its mailing address;94

       (2) The name and address of each of its officers or95
officials;96

       (3) Information sufficient to establish the intention and97
ability of the program's officers to implement the program98
throughout the county;99

       (4) The purposes for which the program is organized and100
operated and the services it offers;101

       (5) A copy of the articles of incorporation and bylaws of the 102
program, if applicable, or a copy of the rules and procedures103
under which the program is organized and operated;104

       (6) Any other relevant information that the board of county105
commissioners requires, by resolution.106

       Section 2. That existing section 9.92 of the Revised Code is107
hereby repealed.108