As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 108


Representative Patton 



A BILL
To amend sections 2949.092, 5502.01, 5502.61, and 1
5502.62 and to enact sections 2949.094, 5502.67, 2
and 5502.68 of the Revised Code to require a court 3
to impose an additional court cost of five dollars 4
for a moving violation to fund grants to local 5
drug law enforcement task forces, to create the 6
Drug Law Enforcement Fund in the Division of 7
Criminal Justice Services of the Department of 8
Public Safety, and to create the Drug Law 9
Enforcement Fund Advisory Committee to make 10
funding recommendations to the Division.11


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

       Section 1. That sections 2949.092, 5502.01, 5502.61, and 12
5502.62 be amended and sections 2949.094, 5502.67, and 5502.68 of 13
the Revised Code be enacted to read as follows:14

       Sec. 2949.092.  If a person is convicted of or pleads guilty 15
to an offense and the court specifically is required, pursuant to 16
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised 17
Code or pursuant to any other section of the Revised Code to18
impose a specified sum of money as costs in the case in addition 19
to any other costs that the court is required or permitted by law 20
to impose in the case, the court shall not waive the payment of 21
the specified additional court costs that the section of the22
Revised Code specifically requires the court to impose unless the 23
court determines that the offender is indigent and the court 24
waives the payment of all court costs imposed upon the offender.25

       Sec. 2949.094. (A) The court in which any person is convicted 26
of or pleads guilty to any moving violation shall impose an 27
additional court cost of five dollars upon the offender. The court 28
shall not waive the payment of the five dollars unless the court 29
determines that the offender is indigent and waives the payment of 30
all court costs imposed upon the indigent offender.31

       The clerk of the court shall transmit all additional court 32
costs collected pursuant to this division during a month on the 33
first business day of the following month to the division of 34
criminal justice services within the department of public safety 35
for deposit in the drug law enforcement fund, created under 36
section 5502.67 of the Revised Code.37

       (B) The juvenile court in which a child is found to be a 38
juvenile traffic offender for an act that is a moving violation 39
shall impose an additional court cost of five dollars upon the 40
juvenile traffic offender. The juvenile court shall not waive the 41
payment of the five dollars unless the court determines that the 42
juvenile is indigent and waives the payment of all court costs 43
imposed upon the indigent offender.44

       The clerk of the court shall transmit all additional court 45
costs collected pursuant to this division during a month on the 46
first business day of the following month to the division of 47
criminal justice services within the department of public safety 48
for deposit in the drug law enforcement fund, created under 49
section 5502.67 of the Revised Code.50

       (C) Whenever a person is charged with any offense that is a 51
moving violation and posts bail, the court shall add to the amount 52
of the bail the five dollars required to be paid by division (A) 53
of this section. The clerk of the court shall retain the five 54
dollars until the person is convicted, pleads guilty, forfeits 55
bail, is found not guilty, or has the charges dismissed. If the 56
person is convicted, pleads guilty, or forfeits bail, the clerk 57
shall transmit the five dollars to the division of criminal 58
justice services within the department of public safety for 59
deposit in the drug law enforcement fund, created under section 60
5502.67 of the Revised Code. If the person is found not guilty or 61
the charges are dismissed, the clerk shall return the five dollars 62
to the person.63

       (D) No person shall be placed or held in a detention facility 64
for failing to pay the court cost or bail that is required to be 65
paid by this section.66

       (E) As used in this section:67

       (1) "Bail" and "moving violation" have the same meanings as 68
in section 2949.093 of the Revised Code.69

       (2) "Detention facility" has the same meaning as in section 70
2921.01 of the Revised Code.71

       Sec. 5502.01.  (A) The department of public safety shall72
administer and enforce the laws relating to the registration,73
licensing, sale, and operation of motor vehicles and the laws74
pertaining to the licensing of drivers of motor vehicles.75

       The department shall compile, analyze, and publish statistics76
relative to motor vehicle accidents and the causes of them,77
prepare and conduct educational programs for the purpose of78
promoting safety in the operation of motor vehicles on the79
highways, and conduct research and studies for the purpose of80
promoting safety on the highways of this state.81

       (B) The department shall administer the laws and rules82
relative to trauma and emergency medical services specified in83
Chapter 4765. of the Revised Code.84

       (C) The department shall administer and enforce the laws85
contained in Chapters 4301. and 4303. of the Revised Code and86
enforce the rules and orders of the liquor control commission87
pertaining to retail liquor permit holders.88

       (D) The department shall administer the laws governing the89
state emergency management agency and shall enforce all additional90
duties and responsibilities as prescribed in the Revised Code91
related to emergency management services.92

       (E) The department shall conduct investigations pursuant to93
Chapter 5101. of the Revised Code in support of the duty of the94
department of job and family services to administer food stamp95
programs throughout this state. The department of public safety96
shall conduct investigations necessary to protect the state's97
property rights and interests in the food stamp program.98

       (F) The department of public safety shall enforce compliance99
with orders and rules of the public utilities commission and100
applicable laws in accordance with Chapters 4919., 4921., and101
4923. of the Revised Code regarding commercial motor vehicle102
transportation safety, economic, and hazardous materials103
requirements.104

       (G) Notwithstanding Chapter 4117. of the Revised Code, the105
department of public safety may establish requirements for its106
enforcement personnel, including its enforcement agents described107
in section 5502.14 of the Revised Code, that include standards of108
conduct, work rules and procedures, and criteria for eligibility109
as law enforcement personnel.110

       (H) The department shall administer, maintain, and operate111
the Ohio criminal justice network. The Ohio criminal justice112
network shall be a computer network that supports state and local113
criminal justice activities. The network shall be an electronic114
repository for various data, which may include arrest warrants,115
notices of persons wanted by law enforcement agencies, criminal116
records, prison inmate records, stolen vehicle records, vehicle117
operator's licenses, and vehicle registrations and titles.118

       (I) The department shall coordinate all homeland security 119
activities of all state agencies and shall be a liaison between 120
state agencies and local entities for those activities and related 121
purposes.122

       (J) Beginning July 1, 2004, the department shall administer 123
and enforce the laws relative to private investigators and 124
security service providers specified in Chapter 4749. of the 125
Revised Code.126

       (K) The department shall administer criminal justice services 127
in accordance with sections 5502.61 to 5502.665502.68 of the 128
Revised Code.129

       Sec. 5502.61.  As used in sections 5502.61 to 5502.665502.68130
of the Revised Code:131

       (A) "Federal criminal justice acts" means any federal law132
that authorizes financial assistance and other forms of assistance133
to be given by the federal government to the states to be used for134
the improvement of the criminal and juvenile justice systems of135
the states.136

       (B)(1) "Criminal justice system" includes all of the137
functions of the following:138

       (a) The state highway patrol, county sheriff offices,139
municipal and township police departments, and all other law140
enforcement agencies;141

       (b) The courts of appeals, courts of common pleas, municipal142
courts, county courts, and mayor's courts, when dealing with143
criminal cases;144

       (c) The prosecuting attorneys, city directors of law, village 145
solicitors, and other prosecuting authorities when prosecuting or 146
otherwise handling criminal cases, and the county and joint county 147
public defenders and other public defender agencies or offices;148

       (d) The department of rehabilitation and correction,149
probation departments, county and municipal jails and workhouses,150
and any other department, agency, or facility that is concerned151
with the rehabilitation or correction of criminal offenders;152

       (e) Any public or private agency whose purposes include the153
prevention of crime or the diversion, adjudication, detention, or154
rehabilitation of criminal offenders;155

       (f) Any public or private agency, the purposes of which156
include assistance to crime victims or witnesses.157

       (2) The inclusion of any public or private agency, the158
purposes of which include assistance to crime victims or159
witnesses, as part of the criminal justice system pursuant to160
division (B)(1) of this section does not limit, and shall not be161
construed as limiting, the discretion or authority of the attorney162
general with respect to crime victim assistance and criminal163
justice programs.164

       (C) "Juvenile justice system" includes all of the functions165
of the juvenile courts, the department of youth services, any166
public or private agency whose purposes include the prevention of167
delinquency or the diversion, adjudication, detention, or168
rehabilitation of delinquent children, and any of the functions of169
the criminal justice system that are applicable to children.170

       (D) "Comprehensive plan" means a document that coordinates,171
evaluates, and otherwise assists, on an annual or multi-year172
basis, any of the functions of the criminal and juvenile justice173
systems of the state or a specified area of the state, that174
conforms to the priorities of the state with respect to criminal175
and juvenile justice systems, and that conforms with the176
requirements of all federal criminal justice acts. These functions177
may include, but are not limited to, any of the following:178

       (1) Crime and delinquency prevention;179

       (2) Identification, detection, apprehension, and detention of 180
persons charged with criminal offenses or delinquent acts;181

       (3) Assistance to crime victims or witnesses, except that the 182
comprehensive plan does not include the functions of the attorney 183
general pursuant to sections 109.91 and 109.92 of the Revised 184
Code;185

       (4) Adjudication or diversion of persons charged with186
criminal offenses or delinquent acts;187

       (5) Custodial treatment of criminal offenders, delinquent188
children, or both;189

       (6) Institutional and noninstitutional rehabilitation of190
criminal offenders, delinquent children, or both.191

       (E) "Metropolitan county criminal justice services agency"192
means an agency that is established pursuant to division (A) of193
section 5502.64 of the Revised Code.194

       (F) "Administrative planning district" means a district that195
is established pursuant to division (A) or (B) of section 5502.66196
of the Revised Code.197

       (G) "Criminal justice coordinating council" means a criminal198
justice services agency that is established pursuant to division199
(D) of section 5502.66 of the Revised Code.200

       (H) "Local elected official" means any person who is a member201
of a board of county commissioners or township trustees or of a202
city or village council, judge of the court of common pleas, a203
municipal court, or a county court, sheriff, county coroner,204
prosecuting attorney, city director of law, village solicitor, or205
mayor.206

       (I) "Juvenile justice coordinating council" means a juvenile207
justice services agency that is established pursuant to division208
(D) of section 5502.66 of the Revised Code.209

       (J) "Mcgruff house program" means a program in which 210
individuals or families volunteer to have their homes or other 211
buildings serve as places of temporary refuge for children and to 212
display the mcgruff house symbol identifying the home or building 213
as that type of place.214

       (K) "Mcgruff house symbol" means the symbol that is 215
characterized by the image of "mcgruff," the crime dog, and the 216
slogan "take a bite out of crime," and that has been adopted by 217
the national crime prevention council as the symbol of its 218
national citizens' crime prevention campaign.219

       (L) "Sponsoring agency" means any of the following:220

       (1) The board of education of any city, local, or exempted 221
village school district;222

       (2) The governing board of any educational service center;223

       (3) The governing authority of any chartered nonpublic 224
school;225

       (4) The police department of any municipal corporation, 226
township, township police district, or joint township police 227
district;228

       (5) The office of any township constable or county sheriff.229

       Sec. 5502.62.  (A) There is hereby created in the department 230
of public safety a division of criminal justice services. The 231
director of public safety, with the concurrence of the governor, 232
shall appoint an executive director of the division of criminal 233
justice services. The executive director shall be the head of the 234
division. The executive director shall serve at the pleasure of 235
the director of public safety. To carry out the duties assigned 236
under this section and to comply with sections 5502.63 to 5502.66237
5502.68 of the Revised Code, the executive director, subject to 238
the direction and control of the director of public safety, may 239
appoint and maintain any necessary staff and may enter into any 240
necessary contracts and other agreements. The executive director 241
of the division, and all professional and technical personnel 242
employed within the division who are not public employees as 243
defined in section 4117.01 of the Revised Code, shall be in the244
unclassified civil service, and all other persons employed within245
the division shall be in the classified civil service.246

       (B) Subject to division (F) of this section and subject to247
divisions (D) to (F) of section 5120.09 of the Revised Code248
insofar as those divisions relate to federal criminal justice acts249
that the governor requires the department of rehabilitation and250
correction to administer, the division of criminal justice 251
services shall do all of the following:252

       (1) Serve as the state criminal justice services agency and253
perform criminal justice system planning in the state, including254
any planning that is required by any federal law;255

       (2) Collect, analyze, and correlate information and data256
concerning the criminal justice system in the state;257

       (3) Cooperate with and provide technical assistance to state258
departments, administrative planning districts, metropolitan259
county criminal justice services agencies, criminal justice260
coordinating councils, agencies, offices, and departments of the261
criminal justice system in the state, and other appropriate262
organizations and persons;263

       (4) Encourage and assist agencies, offices, and departments264
of the criminal justice system in the state and other appropriate 265
organizations and persons to solve problems that relate to the 266
duties of the division;267

       (5) Administer within the state any federal criminal justice268
acts that the governor requires it to administer;269

       (6) Administer funds received under the "Family Violence270
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.271
10401, as amended, with all powers necessary for the adequate272
administration of those funds, including the authority to273
establish a family violence prevention and services program;274

       (7) Implement the state comprehensive plans;275

       (8) Audit grant activities of agencies, offices,276
organizations, and persons that are financed in whole or in part277
by funds granted through the division;278

       (9) Monitor or evaluate the performance of criminal justice 279
system projects and programs in the state that are financed in280
whole or in part by funds granted through the division;281

       (10) Apply for, allocate, disburse, and account for grants282
that are made available pursuant to federal criminal justice acts,283
or made available from other federal, state, or private sources,284
to improve the criminal justice system in the state. All money 285
from such federal grants that require that the money be deposited 286
into an interest-bearing fund or account, that are intended to 287
provide funding to local criminal justice programs, and that 288
require that investment earnings be distributed for program 289
purposes shall be deposited in the state treasury to the credit of 290
the federal justice programs funds, which are hereby created. A 291
separate fund shall be established each federal fiscal year. All 292
investment earnings of a federal justice programs fund shall be 293
credited to that fund and distributed in accordance with the terms 294
of the grant under which the money is received.295

       (11) Contract with federal, state, and local agencies,296
foundations, corporations, businesses, and persons when necessary297
to carry out the duties of the division;298

       (12) Oversee the activities of metropolitan county criminal299
justice services agencies, administrative planning districts, and300
criminal justice coordinating councils in the state;301

       (13) Advise the director of public safety, general assembly, 302
and governor on legislation and other significant matters that 303
pertain to the improvement and reform of criminal and juvenile 304
justice systems in the state;305

       (14) Prepare and recommend legislation to the director of 306
public safety, general assembly, and governor for the improvement 307
of the criminal and juvenile justice systems in the state;308

       (15) Assist, advise, and make any reports that are requested309
or required by the governor, director of public safety, attorney 310
general, or general assembly;311

       (16) Develop and maintain the Ohio incident-based reporting 312
system in accordance with division (C) of this section;313

        (17) Subject to the approval of the director of public 314
safety, adopt rules pursuant to Chapter 119. of the Revised Code;315

       (18)(a) Not later than June 1, 2007, and subject to the 316
approval of the director of public safety, adopt rules for the 317
establishment and maintenance of a mcgruff house program by any 318
sponsoring agency. The rules shall include the following:319

       (i) The adoption of the mcgruff house symbol to be used 320
exclusively in all mcgruff house programs in this state;321

       (ii) The requirements for any sponsoring agency to establish 322
and maintain a mcgruff house program;323

       (iii) The criteria for the selection of volunteers to 324
participate in a mcgruff house program that shall include, but not 325
be limited to, criminal background checks of those volunteers;326

       (iv) Any other matters that the division of criminal justice 327
services considers necessary for the establishment and maintenance 328
of mcgruff house programs by sponsoring agencies and the 329
participation of volunteers in those programs.330

       (b) The division of criminal justice services shall 331
distribute materials and provide technical assistance to any 332
sponsoring agency that establishes and maintains a mcgruff house 333
program, any volunteer group or organization that provides 334
assistance to that sponsoring agency, or any volunteer who 335
participates in a mcgruff house program.336

       (19) Administer all money deposited into the drug law 337
enforcement fund that is created under section 5502.67 of the 338
Revised Code, establish a procedure for making applications for 339
money from the fund as provided in section 5502.68 of the Revised 340
Code, and make final determinations under section 5502.68 of the 341
Revised Code regarding those applications.342

       (C) The division of criminal justice services shall develop 343
and maintain the Ohio incident-based reporting system to 344
facilitate the sharing of information with the federal bureau of 345
investigation and participating law enforcement agencies in Ohio. 346
The Ohio incident-based reporting system shall be known as OIBRS. 347
In connection with OIBRS, the division shall do all of the 348
following:349

        (1) Collect and organize statistical data for reporting to 350
the national incident-based reporting system operated by the 351
federal bureau of investigation for the purpose of securing 352
federal criminal justice grants;353

        (2) Analyze and highlight mapping data for participating law 354
enforcement agencies;355

        (3) Distribute data and analyses to participating law 356
enforcement agencies;357

        (4) Encourage nonparticipating law enforcement agencies to 358
participate in OIBRS by offering demonstrations, training, and 359
technical assistance;360

        (5) Provide assistance, advice, and reports requested by the 361
governor, the general assembly, or the federal bureau of 362
investigation;363

        (6) Require every law enforcement agency that receives 364
federal criminal justice grants or state criminal justice 365
information system general revenue funds through the division to 366
participate in OIBRS or in the uniform crime reporting program of 367
the federal bureau of investigation. An agency that submits OIBRS 368
data to the Ohio local law enforcement information sharing network 369
shall be considered to be in compliance with division (C)(6) of 370
this section if both of the following apply:371

        (a) The Ohio local law enforcement information sharing 372
network is capable of collecting OIBRS data.373

        (b) The division of criminal justice services has the ability 374
to extract the OIBRS data for reporting to the national 375
incident-based reporting system in the manner required by the 376
federal bureau of investigation.377

        (D) Upon the request of the director of public safety or 378
governor, the division of criminal justice services may do any of379
the following:380

       (1) Collect, analyze, or correlate information and data381
concerning the juvenile justice system in the state;382

       (2) Cooperate with and provide technical assistance to state383
departments, administrative planning districts, metropolitan384
county criminal justice service agencies, criminal justice385
coordinating councils, agency offices, and the departments of the386
juvenile justice system in the state and other appropriate387
organizations and persons;388

       (3) Encourage and assist agencies, offices, and departments389
of the juvenile justice system in the state and other appropriate390
organizations and persons to solve problems that relate to the391
duties of the division.392

       (E) Divisions (B), (C), and (D) of this section do not limit393
the discretion or authority of the attorney general with respect394
to crime victim assistance and criminal justice programs.395

       (F) Nothing in this section is intended to diminish or alter396
the status of the office of the attorney general as a criminal397
justice services agency or to diminish or alter the status or 398
discourage the development and use of other law enforcement 399
information systems in Ohio.400

       Sec. 5502.67.  (A) There is hereby created in the state 401
treasury the drug law enforcement fund. Sums collected as court 402
costs imposed pursuant to section 2949.094 of the Revised Code 403
shall be credited to the fund. Money in the fund shall be in an 404
interest-bearing account, and the division of criminal justice 405
services shall use the interest earnings to pay the costs and 406
expenses that it incurs in administering the fund. The division of 407
criminal justice services shall use money in the fund for the 408
following purposes:409

       (1) To award grants to local law enforcement task forces 410
located in this state to defray their expenses in performing their 411
duties related to the enforcement of state drug laws and other 412
state laws related to illegal drug activity;413

       (2) To pay the costs and expenses that the division and the 414
drug law enforcement fund advisory committee that is created under 415
section 5502.68 of the Revised Code incur in performing their 416
respective duties under that section.417

       (B) Subject to the approval of the director of public safety, 418
the division may adopt rules pursuant to Chapter 119. of the 419
Revised Code to implement this section and section 5502.68 of the 420
Revised Code.421

       Sec. 5502.68.  (A) There is hereby created in the division of 422
criminal justice services the drug law enforcement fund advisory 423
committee. The advisory committee consists of the following 424
persons or their respective designees:425

       (1) The president of the Ohio prosecuting attorneys 426
association;427

       (2) The president of the Ohio association of chiefs of 428
police;429

       (3) The president of the buckeye state sheriffs association;430

       (4) The president of the Ohio task force commanders 431
association.432

       (B) A member of the advisory committee who ceases to be the 433
president of that member's association ceases to be a member of 434
the committee unless that member is the designee of the current 435
president of the association to the committee. The committee shall 436
elect a chairperson from among its members and shall meet at least 437
quarterly and at any other time at the call of the chairperson. 438
The members of the committee shall serve without compensation, but 439
each member shall be reimbursed for actual and necessary expenses 440
incurred in the performance of the member's official duties. The 441
committee shall submit an annual report of its activities to the 442
division of criminal justice services.443

       (C) The division of criminal justice services shall establish 444
a procedure in which a local law enforcement task force located in 445
this state may apply to the division for money from the drug law 446
enforcement fund to defray the expenses that the local law 447
enforcement task force incurs in performing its duties related to 448
the enforcement of the state drug laws and other state laws 449
related to illegal drug activity. The drug law enforcement fund 450
advisory committee shall make annual general funding 451
recommendations to the division. The division shall make the final 452
determination regarding each application for money from the fund. 453
The division may approve an application for full funding, approve 454
an application for partial funding, or reject an application.455

       Section 2.  That existing sections 2949.092, 5502.01, 456
5502.61, and 5502.62 of the Revised Code are hereby repealed.457