Sub. H. B. No. 108 As Reported by the Senate Judiciary--Criminal Justice Committee

Representatives Hagan, Willamowski, C. Evans, D. Evans, Webster, McGregor, DeGeeter, Harwood, Beatty, Latta, Gilb, Hughes, Seaver, Allen, Barrett, Brown, Bubp, Carano, Cassell, Chandler, Coley, DeBose, Domenick, Flowers, Gibbs, Healy, Mason, Miller, Otterman, T. Patton, Perry, Reidelbach, Schaffer, S. Smith, J. Stewart, Strahorn, Ujvagi, Williams, Yuko

Senators Clancy, Schuring, Goodman, Dann

A BILL

To amend section 2930.01 and to enact section 1
2930.062 of the Revised Code to allow certain 2
victims of a vehicle, streetcar, trackless 3
trolley, aquatic device, or aircraft accident to 4
receive the rights of a victim under the Victim's 5
Rights Law and to allow those victims to send 6
notice of injury to the prosecutor. 7

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

       Section 1. That section 2930.01 be amended and section 8
2930.062 of the Revised Code be enacted to read as follows: 9

       Sec. 2930.01. As used in this chapter: 10

       (A) "Crime" means any of the following: 11

       (1) A felony; 12

       (2) A violation of section 2903.05, 2903.06, 2903.13, 13
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the 14
Revised Code, a violation of section 2903.07 of the Revised Code 15
as it existed prior to ~~the effective date of this amendment~~March 16
23, 2000, or a violation of a substantially equivalent municipal 17
ordinance; 18

       (3) A violation of division (A) or (B) of section 4511.19, 19
division (A) of section 1547.11, or division (A)(3) of section 20
4561.15 of the Revised Code or of a municipal ordinance 21
substantially similar to any of those divisions that is the 22
proximate cause of a vehicle, streetcar, trackless trolley, 23
aquatic device, or aircraft accident in which the victim receives 24
injuries for which the victim receives medical treatment either at 25
the scene of the accident by emergency medical services personnel 26
or at a hospital, ambulatory care facility, physician's office, 27
specialist's office, or other medical care facility. 28

       (4) A motor vehicle accident to which both of the following 29
apply: 30

       (a) The motor vehicle accident is caused by a violation of a 31
provision of the Revised Code that is a misdemeanor of the first 32
degree or higher. 33

       (b) As a result of the motor vehicle accident, the victim 34
receives injuries for which the victim receives medical treatment 35
either at the scene of the accident by emergency medical services 36
personnel or at a hospital, ambulatory care facility, physician's 37
office, specialist's office, or other medical care facility. 38

       (B) "Custodial agency" means one of the following: 39

       (1) The entity that has custody of a defendant or an alleged 40
juvenile offender who is incarcerated for a crime, is under 41
detention for the commission of a specified delinquent act, or who 42
is detained after a finding of incompetence to stand trial or not 43
guilty by reason of insanity relative to a crime, including any of 44
the following: 45

       (a) The department of rehabilitation and correction or the 46
adult parole authority; 47

       (b) A county sheriff; 48

       (c) The entity that administers a jail, as defined in section 49
2929.01 of the Revised Code; 50

       (d) The entity that administers a community-based 51
correctional facility and program or a district community-based 52
correctional facility and program; 53

       (e) The department of mental health or other entity to which 54
a defendant found incompetent to stand trial or not guilty by 55
reason of insanity is committed. 56

       (2) The entity that has custody of an alleged juvenile 57
offender pursuant to an order of disposition of a juvenile court, 58
including the department of youth services or a school, camp, 59
institution, or other facility operated for the care of delinquent 60
children. 61

       (C) "Defendant" means a person who is alleged to be the 62
perpetrator of a crime in a police report or in a complaint, 63
indictment, or information that charges the commission of a crime 64
and that provides the basis for the criminal prosecution and 65
subsequent proceedings to which this chapter makes reference. 66

       (D) "Member of the victim's family" means a spouse, child, 67
stepchild, sibling, parent, stepparent, grandparent, or other 68
relative of a victim but does not include a person who is charged 69
with, convicted of, or adjudicated to be a delinquent child for 70
the crime or specified delinquent act against the victim or 71
another crime or specified delinquent act arising from the same 72
conduct, criminal episode, or plan. 73

       (E) "Prosecutor" means one of the following: 74

       (1) With respect to a criminal case, it has the same meaning 75
as in section 2935.01 of the Revised Code and also includes the 76
attorney general and, when appropriate, the employees of any 77
person listed in section 2935.01 of the Revised Code or of the 78
attorney general. 79

       (2) With respect to a delinquency proceeding, it includes any 80
person listed in division (C) of section 2935.01 of the Revised 81
Code or an employee of a person listed in that division who 82
prosecutes a delinquency proceeding. 83

       (F) "Public agency" means an office, agency, department, 84
bureau, or other governmental entity of the state or of a 85
political subdivision of the state. 86

       (G) "Public official" has the same meaning as in section 87
2921.01 of the Revised Code. 88

       (H) "Victim" means aeither of the following: 89

       (1) A person who is identified as the victim of a crime or 90
specified delinquent act in a police report or in a complaint, 91
indictment, or information that charges the commission of a crime 92
and that provides the basis for the criminal prosecution or 93
delinquency proceeding and subsequent proceedings to which this 94
chapter makes reference. 95

       (2) A person who receives injuries as a result of a vehicle, 96
streetcar, trackless trolley, aquatic device, or aircraft accident 97
that is proximately caused by a violation described in division 98
(A)(3) of this section or a motor vehicle accident that is 99
proximately caused by a violation described in division (A)(4) of 100
this section and who receives medical treatment as described in 101
division (A)(3) or (4) of this section, whichever is applicable. 102

       (I) "Victim's representative" means a member of the victim's 103
family or another person who pursuant to the authority of section 104
2930.02 of the Revised Code exercises the rights of a victim under 105
this chapter. 106

       (J) "Court" means a court of common pleas, juvenile court, 107
municipal court, or county court. 108

       (K) "Delinquency proceeding" means all proceedings in a 109
juvenile court that are related to a case in which a complaint has 110
been filed alleging that a child is a delinquent child. 111

       (L) "Case" means a delinquency proceeding and all related 112
activity or a criminal prosecution and all related activity. 113

       (M) The "defense" means the defense against criminal charges 114
in a criminal prosecution or the defense against a delinquent 115
child complaint in a delinquency proceeding. 116

       (N) The "prosecution" means the prosecution of criminal 117
charges in a criminal prosecution or the prosecution of a 118
delinquent child complaint in a delinquency proceeding. 119

       (O) "Specified delinquent act" means any of the following: 120

       (1) An act committed by a child that if committed by an adult 121
would be a felony; 122

       (2) An act committed by a child that is a violation of a 123
section listed in division (A)(1) or (2) of this section or is a 124
violation of a substantially equivalent municipal ordinance; 125

       (3) An act committed by a child that is described in division 126
(A)(3) or (4) of this section. 127

       (P)(1) "Alleged juvenile offender" means a child who is 128
alleged to have committed a specified delinquent act in a police 129
report or in a complaint in juvenile court that charges the 130
commission of a specified delinquent act and that provides the 131
basis for the delinquency proceeding and all subsequent 132
proceedings to which this chapter makes reference. 133

       (2) As used in divisions (O) and (P)(1) of this section, 134
"child" has the same meaning as in section 2151.011 of the Revised 135
Code. 136

       (Q) "Motor vehicle accident" means any accident involving a 137
motor vehicle. 138

       (R) "Motor vehicle" has the same meaning as in section 139
4509.01 of the Revised Code. 140

       (S) "Aircraft" has the same meaning as in section 4561.01 of 141
the Revised Code. 142

       (T) "Aquatic device" means any vessel, or any water skis, 143
aquaplane, or similar device. 144

        (U) "Vehicle," "streetcar," and "trackless trolley" have the 145
same meanings as in section 4511.01 of the Revised Code. 146

        (V) "Vehicle, streetcar, trackless trolley, watercraft, or 147
aircraft accident" means any accident involving a vehicle, 148
streetcar, trackless trolley, watercraft, or aircraft that results 149
in bodily injury to or death of any person, or damage to the 150
property of any person in excess of four hundred dollars. 151

        (W) "Vessel" has the same meaning as in section 1547.01 of 152
the Revised Code. 153

       Sec. 2930.062. A victim described in division (H)(2) of 154
section 2930.01 of the Revised Code may provide the prosecutor, or 155
if it is a delinquency proceeding and a prosecutor is not involved 156
in the case may provide the court, in the victim's case with 157
written notification of the victim's injuries at any time. Upon 158
receipt of the written notification, the prosecutor or court shall 159
give the victim all of the information specified in division (B) 160
of section 2930.06 if the prosecutor has not already done so. 161

       Section 2. That existing section 2930.01 of the Revised Code 162
is hereby repealed. 163

Section 1. That section 2930.01 be amended and section	8
2930.062 of the Revised Code be enacted to read as follows:	9

(2) A violation of section 2903.05, 2903.06, 2903.13,	13
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	14
Revised Code, a violation of section 2903.07 of the Revised Code	15
as it existed prior to ~~the effective date of this amendment~~March	16
23, 2000, or a violation of a substantially equivalent municipal	17
ordinance;	18

(3) A violation of division (A) or (B) of section 4511.19,	19
division (A) of section 1547.11, or division (A)(3) of section	20
4561.15 of the Revised Code or of a municipal ordinance	21
substantially similar to any of those divisions that is the	22
proximate cause of a vehicle, streetcar, trackless trolley,	23
aquatic device, or aircraft accident in which the victim receives	24
injuries for which the victim receives medical treatment either at	25
the scene of the accident by emergency medical services personnel	26
or at a hospital, ambulatory care facility, physician's office,	27
specialist's office, or other medical care facility.	28

(4) A motor vehicle accident to which both of the following	29
apply:	30

(a) The motor vehicle accident is caused by a violation of a	31
provision of the Revised Code that is a misdemeanor of the first	32
degree or higher.	33

(b) As a result of the motor vehicle accident, the victim	34
receives injuries for which the victim receives medical treatment	35
either at the scene of the accident by emergency medical services	36
personnel or at a hospital, ambulatory care facility, physician's	37
office, specialist's office, or other medical care facility.	38

(1) The entity that has custody of a defendant or an alleged	40
juvenile offender who is incarcerated for a crime, is under	41
detention for the commission of a specified delinquent act, or who	42
is detained after a finding of incompetence to stand trial or not	43
guilty by reason of insanity relative to a crime, including any of	44
the following:	45

(a) The department of rehabilitation and correction or the	46
adult parole authority;	47

(c) The entity that administers a jail, as defined in section	49
2929.01 of the Revised Code;	50

(d) The entity that administers a community-based	51
correctional facility and program or a district community-based	52
correctional facility and program;	53

(e) The department of mental health or other entity to which	54
a defendant found incompetent to stand trial or not guilty by	55
reason of insanity is committed.	56

(2) The entity that has custody of an alleged juvenile	57
offender pursuant to an order of disposition of a juvenile court,	58
including the department of youth services or a school, camp,	59
institution, or other facility operated for the care of delinquent	60
children.	61

(C) "Defendant" means a person who is alleged to be the	62
perpetrator of a crime in a police report or in a complaint,	63
indictment, or information that charges the commission of a crime	64
and that provides the basis for the criminal prosecution and	65
subsequent proceedings to which this chapter makes reference.	66

(D) "Member of the victim's family" means a spouse, child,	67
stepchild, sibling, parent, stepparent, grandparent, or other	68
relative of a victim but does not include a person who is charged	69
with, convicted of, or adjudicated to be a delinquent child for	70
the crime or specified delinquent act against the victim or	71
another crime or specified delinquent act arising from the same	72
conduct, criminal episode, or plan.	73

(1) With respect to a criminal case, it has the same meaning	75
as in section 2935.01 of the Revised Code and also includes the	76
attorney general and, when appropriate, the employees of any	77
person listed in section 2935.01 of the Revised Code or of the	78
attorney general.	79

(2) With respect to a delinquency proceeding, it includes any	80
person listed in division (C) of section 2935.01 of the Revised	81
Code or an employee of a person listed in that division who	82
prosecutes a delinquency proceeding.	83

(F) "Public agency" means an office, agency, department,	84
bureau, or other governmental entity of the state or of a	85
political subdivision of the state.	86

(G) "Public official" has the same meaning as in section	87
2921.01 of the Revised Code.	88

(1) A person who is identified as the victim of a crime or	90
specified delinquent act in a police report or in a complaint,	91
indictment, or information that charges the commission of a crime	92
and that provides the basis for the criminal prosecution or	93
delinquency proceeding and subsequent proceedings to which this	94
chapter makes reference.	95

(2) A person who receives injuries as a result of a vehicle,	96
streetcar, trackless trolley, aquatic device, or aircraft accident	97
that is proximately caused by a violation described in division	98
(A)(3) of this section or a motor vehicle accident that is	99
proximately caused by a violation described in division (A)(4) of	100
this section and who receives medical treatment as described in	101
division (A)(3) or (4) of this section, whichever is applicable.	102

(I) "Victim's representative" means a member of the victim's	103
family or another person who pursuant to the authority of section	104
2930.02 of the Revised Code exercises the rights of a victim under	105
this chapter.	106

(J) "Court" means a court of common pleas, juvenile court,	107
municipal court, or county court.	108

(K) "Delinquency proceeding" means all proceedings in a	109
juvenile court that are related to a case in which a complaint has	110
been filed alleging that a child is a delinquent child.	111

(L) "Case" means a delinquency proceeding and all related	112
activity or a criminal prosecution and all related activity.	113

(M) The "defense" means the defense against criminal charges	114
in a criminal prosecution or the defense against a delinquent	115
child complaint in a delinquency proceeding.	116

(N) The "prosecution" means the prosecution of criminal	117
charges in a criminal prosecution or the prosecution of a	118
delinquent child complaint in a delinquency proceeding.	119

(1) An act committed by a child that if committed by an adult	121
would be a felony;	122

(2) An act committed by a child that is a violation of a	123
section listed in division (A)(1) or (2) of this section or is a	124
violation of a substantially equivalent municipal ordinance;	125

(3) An act committed by a child that is described in division	126
(A)(3) or (4) of this section.	127

(P)(1) "Alleged juvenile offender" means a child who is	128
alleged to have committed a specified delinquent act in a police	129
report or in a complaint in juvenile court that charges the	130
commission of a specified delinquent act and that provides the	131
basis for the delinquency proceeding and all subsequent	132
proceedings to which this chapter makes reference.	133