H. B. No. 120 As Reported by the House Criminal Justice Committee

As Reported by the House Criminal Justice Committee

127th General Assembly

Regular Session

2007-2008

H. B. No. 120

Representative Latta

A BILL

To amend section 2152.20 of the Revised Code to 1
eliminate unnecessary and inconsistent language 2
mistakenly retained by Sub. H.B. 241 of the 126th 3
General Assembly and to declare an emergency. 4

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

       Section 1. That section 2152.20 of the Revised Code be 5
amended to read as follows: 6

       Sec. 2152.20. (A) If a child is adjudicated a delinquent 7
child or a juvenile traffic offender, the court may order any of 8
the following dispositions, in addition to any other disposition 9
authorized or required by this chapter: 10

       (1) Impose a fine in accordance with the following schedule: 11

       (a) For an act that would be a minor misdemeanor or an 12
unclassified misdemeanor if committed by an adult, a fine not to 13
exceed fifty dollars; 14

       (b) For an act that would be a misdemeanor of the fourth 15
degree if committed by an adult, a fine not to exceed one hundred 16
dollars; 17

       (c) For an act that would be a misdemeanor of the third 18
degree if committed by an adult, a fine not to exceed one hundred 19
fifty dollars; 20

       (d) For an act that would be a misdemeanor of the second 21
degree if committed by an adult, a fine not to exceed two hundred 22
dollars; 23

       (e) For an act that would be a misdemeanor of the first 24
degree if committed by an adult, a fine not to exceed two hundred 25
fifty dollars; 26

       (f) For an act that would be a felony of the fifth degree or 27
an unclassified felony if committed by an adult, a fine not to 28
exceed three hundred dollars; 29

       (g) For an act that would be a felony of the fourth degree if 30
committed by an adult, a fine not to exceed four hundred dollars; 31

       (h) For an act that would be a felony of the third degree if 32
committed by an adult, a fine not to exceed seven hundred fifty 33
dollars; 34

       (i) For an act that would be a felony of the second degree if 35
committed by an adult, a fine not to exceed one thousand dollars; 36

       (j) For an act that would be a felony of the first degree if 37
committed by an adult, a fine not to exceed one thousand five 38
hundred dollars; 39

       (k) For an act that would be aggravated murder or murder if 40
committed by an adult, a fine not to exceed two thousand dollars. 41

       (2) Require the child to pay costs; 42

       (3) Unless the child's delinquent act or juvenile traffic 43
offense would be a minor misdemeanor if committed by an adult or 44
could be disposed of by the juvenile traffic violations bureau 45
serving the court under Traffic Rule 13.1 if the court has 46
established a juvenile traffic violations bureau, require the 47
child to make restitution to the victim of the child's delinquent 48
act or juvenile traffic offense or, if the victim is deceased, to 49
a survivor of the victim in an amount based upon the victim's 50
economic loss caused by or related to the delinquent act or 51
juvenile traffic offense. The court may not require a child to 52
make restitution pursuant to this division if the child's 53
delinquent act or juvenile traffic offense would be a minor 54
misdemeanor if committed by an adult or could be disposed of by 55
the juvenile traffic violations bureau serving the court under 56
Traffic Rule 13.1 if the court has established a juvenile traffic 57
violations bureau. If the court requires restitution under this 58
division, the restitution shall be made directly to the victim in 59
open court or to the probation department that serves the 60
jurisdiction or the clerk of courts on behalf of the victim. 61

        If the court requires restitution under this division, the 62
restitution may be in the form of a cash reimbursement paid in a 63
lump sum or in installments, the performance of repair work to 64
restore any damaged property to its original condition, the 65
performance of a reasonable amount of labor for the victim or 66
survivor of the victim, the performance of community service work, 67
any other form of restitution devised by the court, or any 68
combination of the previously described forms of restitution. 69

        If the court requires restitution under this division, the 70
court may base the restitution order on an amount recommended by 71
the victim or survivor of the victim, the delinquent child, the 72
juvenile traffic offender, a presentence investigation report, 73
estimates or receipts indicating the cost of repairing or 74
replacing property, and any other information, provided that the 75
amount the court orders as restitution shall not exceed the amount 76
of the economic loss suffered by the victim as a direct and 77
proximate result of the delinquent act or juvenile traffic 78
offense. If the court decides to order restitution under this 79
division and the amount of the restitution is disputed by the 80
victim or survivor or by the delinquent child or juvenile traffic 81
offender, the court shall hold a hearing on the restitution. If 82
the court requires restitution under this division, the court 83
shall determine, or order the determination of, the amount of 84
restitution to be paid by the delinquent child or juvenile traffic 85
offender. All restitution payments shall be credited against any 86
recovery of economic loss in a civil action brought by or on 87
behalf of the victim against the delinquent child or juvenile 88
traffic offender or the delinquent child's or juvenile traffic 89
offender's parent, guardian, or other custodian. 90

        If the court requires restitution under this division, the 91
court may order that the delinquent child or juvenile traffic 92
offender pay a surcharge, in an amount not exceeding five per cent 93
of the amount of restitution otherwise ordered under this 94
division, to the entity responsible for collecting and processing 95
the restitution payments. 96

       The victim or the survivor of the victim may request that the 97
prosecuting authority file a motion, or the delinquent child or 98
juvenile traffic offender may file a motion, for modification of 99
the payment terms of any restitution ordered under this division. 100
If the court grants the motion, it may modify the payment terms as 101
it determines appropriate. 102

       (4) Require the child to reimburse any or all of the costs 103
incurred for services or sanctions provided or imposed, including, 104
but not limited to, the following: 105

       (a) All or part of the costs of implementing any community 106
control imposed as a disposition under section 2152.19 of the 107
Revised Code, including a supervision fee; 108

       (b) All or part of the costs of confinement in a residential 109
facility described in section 2152.19 of the Revised Code or in a 110
department of youth services institution, including, but not 111
limited to, a per diem fee for room and board, the costs of 112
medical and dental treatment provided, and the costs of repairing 113
property the delinquent child damaged while so confined. The 114
amount of reimbursement ordered for a child under this division 115
shall not exceed the total amount of reimbursement the child is 116
able to pay as determined at a hearing and shall not exceed the 117
actual cost of the confinement. The court may collect any 118
reimbursement ordered under this division. If the court does not 119
order reimbursement under this division, confinement costs may be 120
assessed pursuant to a repayment policy adopted under section 121
2929.37 of the Revised Code and division (D) of section 307.93, 122
division (A) of section 341.19, division (C) of section 341.23 or 123
753.16, division (C) of section 2301.56, or division (B) of 124
section 341.14, 753.02, 753.04, or 2947.19 of the Revised Code. 125

       (B) Chapter 2981. of the Revised Code applies to a child who 126
is adjudicated a delinquent child for violating section 2923.32 or 127
2923.42 of the Revised Code or for committing an act that, if 128
committed by an adult, would be a felony drug abuse offense. 129

       ~~(3) Sections 2923.44 to 2923.47 of the Revised Code apply to~~ 130
~~children who are adjudicated or could be adjudicated by a juvenile~~ 131
~~court to be delinquent children for an act in violation of section~~ 132
~~2923.42 of the Revised Code. Subject to division (B) of section~~ 133
~~2923.44 and division (E) of section 2923.45 of the Revised Code, a~~ 134
~~delinquent child of that nature loses any right to the possession~~ 135
~~of, and forfeits to the state any right, title, and interest that~~ 136
~~the delinquent child may have in, property as defined in section~~ 137
~~2923.41 of the Revised Code and further described in section~~ 138
~~2923.44 or 2923.45 of the Revised Code.~~ 139

       (C) The court may hold a hearing if necessary to determine 140
whether a child is able to pay a sanction under this section. 141

       (D) If a child who is adjudicated a delinquent child is 142
indigent, the court shall consider imposing a term of community 143
service under division (A) of section 2152.19 of the Revised Code 144
in lieu of imposing a financial sanction under this section. If a 145
child who is adjudicated a delinquent child is not indigent, the 146
court may impose a term of community service under that division 147
in lieu of, or in addition to, imposing a financial sanction under 148
this section. The court may order community service for an act 149
that if committed by an adult would be a minor misdemeanor. 150

       If a child fails to pay a financial sanction imposed under 151
this section, the court may impose a term of community service in 152
lieu of the sanction. 153

       (E) The clerk of the court, or another person authorized by 154
law or by the court to collect a financial sanction imposed under 155
this section, may do any of the following: 156

       (1) Enter into contracts with one or more public agencies or 157
private vendors for the collection of the amounts due under the 158
financial sanction, which amounts may include interest from the 159
date of imposition of the financial sanction; 160

       (2) Permit payment of all, or any portion of, the financial 161
sanction in installments, by credit or debit card, by another type 162
of electronic transfer, or by any other reasonable method, within 163
any period of time, and on any terms that the court considers 164
just, except that the maximum time permitted for payment shall not 165
exceed five years. The clerk may pay any fee associated with 166
processing an electronic transfer out of public money and may 167
charge the fee to the delinquent child. 168

       (3) To defray administrative costs, charge a reasonable fee 169
to a child who elects a payment plan rather than a lump sum 170
payment of a financial sanction. 171

       Section 2. That existing section 2152.20 of the Revised Code 172
is hereby repealed. 173

       Section 3. Sections 1 and 2 of this act shall take effect on 174
July 1, 2007. 175

       Section 4. This act is hereby declared to be an emergency 176
measure necessary for the immediate preservation of the public 177
peace, health, and safety. The reason for such necessity is that 178
it is crucial that this act's elimination of the unnecessary and 179
inconsistent language occur on July 1, 2007, which is the 180
effective date of Sub. H.B. 241 of the 126th General Assembly. 181
Therefore, this act shall go into immediate effect. 182

Section 1. That section 2152.20 of the Revised Code be	5
amended to read as follows:	6

Sec. 2152.20. (A) If a child is adjudicated a delinquent	7
child or a juvenile traffic offender, the court may order any of	8
the following dispositions, in addition to any other disposition	9
authorized or required by this chapter:	10

(a) For an act that would be a minor misdemeanor or an	12
unclassified misdemeanor if committed by an adult, a fine not to	13
exceed fifty dollars;	14

(b) For an act that would be a misdemeanor of the fourth	15
degree if committed by an adult, a fine not to exceed one hundred	16
dollars;	17

(c) For an act that would be a misdemeanor of the third	18
degree if committed by an adult, a fine not to exceed one hundred	19
fifty dollars;	20

(d) For an act that would be a misdemeanor of the second	21
degree if committed by an adult, a fine not to exceed two hundred	22
dollars;	23

(e) For an act that would be a misdemeanor of the first	24
degree if committed by an adult, a fine not to exceed two hundred	25
fifty dollars;	26

(f) For an act that would be a felony of the fifth degree or	27
an unclassified felony if committed by an adult, a fine not to	28
exceed three hundred dollars;	29

(g) For an act that would be a felony of the fourth degree if	30
committed by an adult, a fine not to exceed four hundred dollars;	31

(h) For an act that would be a felony of the third degree if	32
committed by an adult, a fine not to exceed seven hundred fifty	33
dollars;	34

(i) For an act that would be a felony of the second degree if	35
committed by an adult, a fine not to exceed one thousand dollars;	36

(j) For an act that would be a felony of the first degree if	37
committed by an adult, a fine not to exceed one thousand five	38
hundred dollars;	39

(k) For an act that would be aggravated murder or murder if	40
committed by an adult, a fine not to exceed two thousand dollars.	41

(3) Unless the child's delinquent act or juvenile traffic	43
offense would be a minor misdemeanor if committed by an adult or	44
could be disposed of by the juvenile traffic violations bureau	45
serving the court under Traffic Rule 13.1 if the court has	46
established a juvenile traffic violations bureau, require the	47
child to make restitution to the victim of the child's delinquent	48
act or juvenile traffic offense or, if the victim is deceased, to	49
a survivor of the victim in an amount based upon the victim's	50
economic loss caused by or related to the delinquent act or	51
juvenile traffic offense. The court may not require a child to	52
make restitution pursuant to this division if the child's	53
delinquent act or juvenile traffic offense would be a minor	54
misdemeanor if committed by an adult or could be disposed of by	55
the juvenile traffic violations bureau serving the court under	56
Traffic Rule 13.1 if the court has established a juvenile traffic	57
violations bureau. If the court requires restitution under this	58
division, the restitution shall be made directly to the victim in	59
open court or to the probation department that serves the	60
jurisdiction or the clerk of courts on behalf of the victim.	61

If the court requires restitution under this division, the	62
restitution may be in the form of a cash reimbursement paid in a	63
lump sum or in installments, the performance of repair work to	64
restore any damaged property to its original condition, the	65
performance of a reasonable amount of labor for the victim or	66
survivor of the victim, the performance of community service work,	67
any other form of restitution devised by the court, or any	68
combination of the previously described forms of restitution.	69

If the court requires restitution under this division, the	70
court may base the restitution order on an amount recommended by	71
the victim or survivor of the victim, the delinquent child, the	72
juvenile traffic offender, a presentence investigation report,	73
estimates or receipts indicating the cost of repairing or	74
replacing property, and any other information, provided that the	75
amount the court orders as restitution shall not exceed the amount	76
of the economic loss suffered by the victim as a direct and	77
proximate result of the delinquent act or juvenile traffic	78
offense. If the court decides to order restitution under this	79
division and the amount of the restitution is disputed by the	80
victim or survivor or by the delinquent child or juvenile traffic	81
offender, the court shall hold a hearing on the restitution. If	82
the court requires restitution under this division, the court	83
shall determine, or order the determination of, the amount of	84
restitution to be paid by the delinquent child or juvenile traffic	85
offender. All restitution payments shall be credited against any	86
recovery of economic loss in a civil action brought by or on	87
behalf of the victim against the delinquent child or juvenile	88
traffic offender or the delinquent child's or juvenile traffic	89
offender's parent, guardian, or other custodian.	90

If the court requires restitution under this division, the	91
court may order that the delinquent child or juvenile traffic	92
offender pay a surcharge, in an amount not exceeding five per cent	93
of the amount of restitution otherwise ordered under this	94
division, to the entity responsible for collecting and processing	95
the restitution payments.	96

The victim or the survivor of the victim may request that the	97
prosecuting authority file a motion, or the delinquent child or	98
juvenile traffic offender may file a motion, for modification of	99
the payment terms of any restitution ordered under this division.	100
If the court grants the motion, it may modify the payment terms as	101
it determines appropriate.	102

(4) Require the child to reimburse any or all of the costs	103
incurred for services or sanctions provided or imposed, including,	104
but not limited to, the following:	105

(a) All or part of the costs of implementing any community	106
control imposed as a disposition under section 2152.19 of the	107
Revised Code, including a supervision fee;	108

(b) All or part of the costs of confinement in a residential	109
facility described in section 2152.19 of the Revised Code or in a	110
department of youth services institution, including, but not	111
limited to, a per diem fee for room and board, the costs of	112
medical and dental treatment provided, and the costs of repairing	113
property the delinquent child damaged while so confined. The	114
amount of reimbursement ordered for a child under this division	115
shall not exceed the total amount of reimbursement the child is	116
able to pay as determined at a hearing and shall not exceed the	117
actual cost of the confinement. The court may collect any	118
reimbursement ordered under this division. If the court does not	119
order reimbursement under this division, confinement costs may be	120
assessed pursuant to a repayment policy adopted under section	121
2929.37 of the Revised Code and division (D) of section 307.93,	122
division (A) of section 341.19, division (C) of section 341.23 or	123
753.16, division (C) of section 2301.56, or division (B) of	124
section 341.14, 753.02, 753.04, or 2947.19 of the Revised Code.	125

(B) Chapter 2981. of the Revised Code applies to a child who	126
is adjudicated a delinquent child for violating section 2923.32 or	127
2923.42 of the Revised Code or for committing an act that, if	128
committed by an adult, would be a felony drug abuse offense.	129

~~(3) Sections 2923.44 to 2923.47 of the Revised Code apply to~~	130
~~children who are adjudicated or could be adjudicated by a juvenile~~	131
~~court to be delinquent children for an act in violation of section~~	132
~~2923.42 of the Revised Code. Subject to division (B) of section~~	133
~~2923.44 and division (E) of section 2923.45 of the Revised Code, a~~	134
~~delinquent child of that nature loses any right to the possession~~	135
~~of, and forfeits to the state any right, title, and interest that~~	136
~~the delinquent child may have in, property as defined in section~~	137
~~2923.41 of the Revised Code and further described in section~~	138
~~2923.44 or 2923.45 of the Revised Code.~~	139

(C) The court may hold a hearing if necessary to determine	140
whether a child is able to pay a sanction under this section.	141

(D) If a child who is adjudicated a delinquent child is	142
indigent, the court shall consider imposing a term of community	143
service under division (A) of section 2152.19 of the Revised Code	144
in lieu of imposing a financial sanction under this section. If a	145
child who is adjudicated a delinquent child is not indigent, the	146
court may impose a term of community service under that division	147
in lieu of, or in addition to, imposing a financial sanction under	148
this section. The court may order community service for an act	149
that if committed by an adult would be a minor misdemeanor.	150

If a child fails to pay a financial sanction imposed under	151
this section, the court may impose a term of community service in	152
lieu of the sanction.	153

(E) The clerk of the court, or another person authorized by	154
law or by the court to collect a financial sanction imposed under	155
this section, may do any of the following:	156

(1) Enter into contracts with one or more public agencies or	157
private vendors for the collection of the amounts due under the	158
financial sanction, which amounts may include interest from the	159
date of imposition of the financial sanction;	160

(2) Permit payment of all, or any portion of, the financial	161
sanction in installments, by credit or debit card, by another type	162
of electronic transfer, or by any other reasonable method, within	163
any period of time, and on any terms that the court considers	164
just, except that the maximum time permitted for payment shall not	165
exceed five years. The clerk may pay any fee associated with	166
processing an electronic transfer out of public money and may	167
charge the fee to the delinquent child.	168

(3) To defray administrative costs, charge a reasonable fee	169
to a child who elects a payment plan rather than a lump sum	170
payment of a financial sanction.	171