Section 1. That sections 109.42, 109.73, 2317.02, 2743.191, | 7 |
2901.13, 2921.22, 2923.01, and 2929.18 be amended and sections | 8 |
109.44, 109.745, 109.746, 2305.117, 2307.54, 2905.31, 2905.32, | 9 |
2905.33, 2905.34, 2929.181, 2930.21, 2930.22, and 2930.23 of the | 10 |
Revised Code be enacted to read as follows: | 11 |
Sec. 109.42. (A) The attorney general shall prepare and
have | 12 |
printed a pamphlet that contains a compilation of all
statutes | 13 |
relative to victim's rights in which the attorney general
lists | 14 |
and
explains the statutes in the form of a victim's bill of | 15 |
rights.
The attorney general shall distribute the pamphlet to all | 16 |
sheriffs, marshals,
municipal corporation and township police | 17 |
departments,
constables, and other law enforcement agencies, to | 18 |
all
prosecuting attorneys, city directors of law, village | 19 |
solicitors,
and other similar chief legal officers of municipal | 20 |
corporations,
and to organizations that represent or provide | 21 |
services for
victims of crime. The victim's bill of rights set | 22 |
forth in the
pamphlet shall contain a description of all of the | 23 |
rights of
victims that are provided for in Chapter 2930. or in
any | 24 |
other section of the Revised Code and shall include, but not
be | 25 |
limited to, all of the following: | 26 |
(1) The right of a victim or a victim's
representative to | 27 |
attend a proceeding before a grand
jury, in a juvenile case, or in | 28 |
a criminal case pursuant to a
subpoena without being discharged | 29 |
from the victim's or
representative's employment, having the | 30 |
victim's or
representative's employment terminated, having the | 31 |
victim's
or representative's pay decreased or withheld, or | 32 |
otherwise being punished, penalized, or threatened as a result of | 33 |
time lost from regular employment because of the victim's or | 34 |
representative's attendance at
the proceeding pursuant to the | 35 |
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or | 36 |
2945.451 of the Revised Code; | 37 |
(4) The right of the victim in certain criminal or juvenile | 49 |
cases or a
victim's
representative to receive, pursuant to section | 50 |
2930.06 of the Revised Code,
notice of the date, time, and place | 51 |
of the trial or delinquency
proceeding in the case or, if
there | 52 |
will not be a trial or delinquency proceeding, information from | 53 |
the prosecutor, as defined in
section 2930.01 of the Revised Code, | 54 |
regarding the disposition of the case; | 55 |
(5) The right of the victim in certain criminal or juvenile | 56 |
cases or a
victim's representative to receive, pursuant to section | 57 |
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the | 58 |
name of the person
charged with the violation, the case or docket | 59 |
number assigned to
the charge, and a telephone number or numbers | 60 |
that can be called
to obtain information about the disposition of | 61 |
the case; | 62 |
(8) The right of the victim in certain criminal or juvenile | 75 |
cases or a
victim's
representative pursuant to sections 2151.38, | 76 |
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to | 77 |
receive notice of a pending motion for judicial release
or early | 78 |
release of
the person who
committed the offense against the | 79 |
victim, to make an oral or
written
statement at the court hearing | 80 |
on the motion, and to be notified of
the court's decision on the | 81 |
motion; | 82 |
(9) The right of the victim in certain criminal or juvenile | 83 |
cases or a
victim's representative pursuant to section 2930.16, | 84 |
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice | 85 |
of any pending
commutation, pardon, parole, transitional
control, | 86 |
discharge, other form of authorized release,
post-release control, | 87 |
or supervised release for the
person who committed the offense | 88 |
against the victim or any application for
release of that person | 89 |
and to send a written statement
relative to the victimization and | 90 |
the pending action to the adult
parole authority or the release | 91 |
authority of the department of youth
services; | 92 |
(14) The right of the victim in certain criminal or juvenile | 109 |
cases
or a victim's representative, pursuant to section 2930.16 of | 110 |
the Revised
Code, to receive notice of the escape
from confinement | 111 |
or custody of the person who committed the
offense, to receive | 112 |
that notice from the custodial agency
of the person at the | 113 |
victim's last address or telephone
number provided to the | 114 |
custodial agency, and to
receive notice that, if either the | 115 |
victim's address or telephone
number changes, it is in the | 116 |
victim's interest to provide the new
address or telephone number | 117 |
to the custodial
agency; | 118 |
(15) The right of a victim of domestic violence
to seek the | 119 |
issuance of a civil
protection order pursuant to section 3113.31 | 120 |
of the Revised Code, the right of a victim of a violation of | 121 |
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 | 122 |
of the Revised Code, a violation of a substantially similar | 123 |
municipal ordinance, or an offense of violence who is a family or | 124 |
household member of the offender at the time of the offense to | 125 |
seek the issuance of a temporary protection order pursuant to | 126 |
section 2919.26 of the Revised Code,
and the right of both types | 127 |
of victims to be accompanied by a victim advocate during court | 128 |
proceedings; | 129 |
(16) The right of a victim of a
sexually oriented offense | 130 |
that is not a registration-exempt sexually oriented offense or of | 131 |
a child-victim oriented offense that is committed by a person who | 132 |
is convicted of or pleads guilty to an aggravated sexually | 133 |
oriented offense, by a person who is
adjudicated a sexual
predator | 134 |
or child-victim predator, or, in certain cases, by
a person who is | 135 |
determined to be
a habitual sex offender or habitual child-victim | 136 |
offender to
receive, pursuant to section 2950.10 of
the Revised | 137 |
Code, notice that the
person
has registered with a
sheriff under | 138 |
section 2950.04, 2950.041, or 2950.05
of the Revised Code and | 139 |
notice of the
person's name, the person's residence that is | 140 |
registered, and the offender's school, institution of higher | 141 |
education, or place of employment address or addresses that are | 142 |
registered, the person's photograph,
and
a
summary of the manner | 143 |
in which the victim must make a
request
to receive the notice. As | 144 |
used in this division,
"sexually
oriented offense," "adjudicated a | 145 |
sexual
predator,"
"habitual sex offender," "registration-exempt | 146 |
sexually oriented offense," "aggravated sexually oriented | 147 |
offense," "child-victim oriented offense," "adjudicated a | 148 |
child-victim predator," and "habitual child-victim offender" have | 149 |
the same meanings as
in section
2950.01 of the Revised Code. | 150 |
(17) The right of a victim of certain sexually violent | 151 |
offenses committed by an offender who also is convicted of or | 152 |
pleads guilty to a sexually violent predator specification and who | 153 |
is
sentenced
to a prison term pursuant to division
(A)(3) of | 154 |
section 2971.03 of
the Revised Code to receive, pursuant to | 155 |
section 2930.16 of the
Revised Code, notice of a hearing to | 156 |
determine whether to modify
the requirement that the offender | 157 |
serve the entire prison term in
a state correctional facility, | 158 |
whether to continue, revise, or
revoke any existing modification | 159 |
of that requirement, or whether
to terminate the prison term.
As | 160 |
used in this division, "sexually
violent offense" and
"sexually | 161 |
violent predator specification" have the same
meanings as in | 162 |
section
2971.01 of the Revised Code. | 163 |
(B)(1)(a) Subject to division (B)(1)(c) of this section, a | 164 |
prosecuting
attorney, assistant prosecuting
attorney, city | 165 |
director of law, assistant city director of law,
village | 166 |
solicitor, assistant village solicitor, or similar chief
legal | 167 |
officer of a municipal corporation or an assistant of any
of those | 168 |
officers who prosecutes an offense
committed in this state, upon | 169 |
first
contact with the victim of the offense, the victim's family, | 170 |
or
the victim's dependents,
shall give the victim, the victim's | 171 |
family, or the victim's dependents a copy
of the pamphlet prepared | 172 |
pursuant to division (A) of this section
and explain, upon | 173 |
request, the information in the pamphlet to the
victim, the | 174 |
victim's family, or the victim's dependents. | 175 |
(ii) If the offense or delinquent act is an offense of | 184 |
violence, if
the
circumstances of the offense or delinquent act | 185 |
and the condition of the
victim,
the victim's family, or the | 186 |
victim's dependents indicate that the
victim, the victim's family, | 187 |
or the victim's dependents will not be able to
understand the | 188 |
significance
of the pamphlet upon first contact with the agency, | 189 |
and if the
agency anticipates that it will have an additional | 190 |
contact with
the victim, the victim's family, or the victim's | 191 |
dependents, upon the agency's second contact with the victim, the | 192 |
victim's
family, or the victim's dependents. | 193 |
If the agency does not give the victim, the victim's family, | 194 |
or
the victim's dependents a copy of the pamphlet upon first | 195 |
contact
with them and does not have a second contact with the | 196 |
victim, the victim's
family,
or the victim's dependents, the | 197 |
agency shall mail a copy of the pamphlet
to the victim, the | 198 |
victim's family, or the victim's
dependents at their last known | 199 |
address. | 200 |
(c) In complying on and after December 9, 1994, with the | 201 |
duties imposed by division
(B)(1)(a) or (b) of this section, an | 202 |
official or a law enforcement agency shall use copies of the | 203 |
pamphlet that are in the official's or agency's possession on | 204 |
December 9,
1994, until the official or agency has
distributed all | 205 |
of those copies. After the official or agency
has distributed all | 206 |
of those copies, the official or agency shall
use only copies of | 207 |
the pamphlet that contain at least the
information described in
| 208 |
divisions (A)(1) to (17) of this
section. | 209 |
(2) The failure of a law enforcement agency or of a | 210 |
prosecuting attorney, assistant prosecuting attorney, city | 211 |
director of
law, assistant city director of law, village | 212 |
solicitor, assistant
village solicitor, or similar chief legal | 213 |
officer of a municipal
corporation or an assistant to any of those | 214 |
officers to give, as required by
division
(B)(1) of this section, | 215 |
the victim of an offense or delinquent act, the
victim's
family, | 216 |
or the victim's dependents a copy of the pamphlet prepared | 217 |
pursuant to
division (A) of this section does not give the victim, | 218 |
the victim's
family, the victim's dependents, or a victim's | 219 |
representative
any rights under section
2743.51 to
2743.72, | 220 |
2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the | 221 |
Revised Code or under any other
provision of the Revised
Code and | 222 |
does not affect any right under
those sections. | 223 |
(3) A law enforcement agency, a prosecuting attorney or | 224 |
assistant prosecuting
attorney, or a city director of law, | 225 |
assistant city director of
law, village solicitor,
assistant | 226 |
village solicitor, or similar chief legal officer of a municipal | 227 |
corporation that distributes a copy of
the pamphlet prepared | 228 |
pursuant to division (A) of this section
shall not be required to | 229 |
distribute a copy of an information card
or other printed material | 230 |
provided by the clerk of the court of
claims pursuant to section | 231 |
2743.71 of the Revised Code. | 232 |
(4) The requirements of minimum basic training that peace | 288 |
officers appointed to probationary terms shall complete before | 289 |
being eligible for permanent appointment, which requirements
shall | 290 |
include a minimum of fifteen hours of training in the
handling of | 291 |
the offense of domestic violence, other types of
domestic | 292 |
violence-related offenses and incidents, and protection
orders and | 293 |
consent agreements issued or approved under section
2919.26 or | 294 |
3113.31 of the Revised Code; a minimum of six hours of
crisis | 295 |
intervention training; and a specified amount of training
in the | 296 |
handling of missing children and child abuse and neglect
cases; | 297 |
and a specified amount of training in handling violations of | 298 |
section 2905.32 of the Revised Code;
and the time within which | 299 |
such basic training shall be
completed
following appointment to a | 300 |
probationary term; | 301 |
(5) The requirements of minimum basic training that peace | 302 |
officers not appointed for probationary terms but appointed on | 303 |
other than a permanent basis shall complete in order to be | 304 |
eligible for continued employment or permanent appointment, which | 305 |
requirements shall include a minimum of fifteen hours of training | 306 |
in the handling of the offense of domestic violence, other types | 307 |
of domestic violence-related offenses and incidents, and | 308 |
protection orders and consent agreements issued or approved under | 309 |
section 2919.26 or 3113.31 of the Revised Code, a minimum of six | 310 |
hours of crisis intervention training, and a specified amount of | 311 |
training in the handling of missing children and child abuse and | 312 |
neglect cases, and a specified amount of training in handling | 313 |
violations of section 2905.32 of the Revised Code, and the time | 314 |
within which such basic training
shall
be completed following | 315 |
appointment on other than a
permanent
basis; | 316 |
(6) Categories or classifications of advanced in-service | 317 |
training programs for peace officers, including programs in the | 318 |
handling of the offense of domestic violence, other types of | 319 |
domestic violence-related offenses and incidents, and protection | 320 |
orders and consent agreements issued or approved under section | 321 |
2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 322 |
and in the handling of missing children and child abuse and | 323 |
neglect cases, and in handling violations of section 2905.32 of | 324 |
the Revised Code, and minimum courses of study and attendance | 325 |
requirements with respect to such categories or classifications; | 326 |
(7) Permitting persons, who are employed as members of a | 327 |
campus police department appointed under section 1713.50 of the | 328 |
Revised Code; who are employed as police officers by a qualified | 329 |
nonprofit corporation police department pursuant to section | 330 |
1702.80 of the Revised Code; who are appointed and
commissioned as | 331 |
bank, savings and loan association, savings bank, credit union, or | 332 |
association of banks, savings and loan associations, savings | 333 |
banks, or credit unions police officers,
as railroad police | 334 |
officers, or as hospital
police officers
pursuant
to sections | 335 |
4973.17 to 4973.22 of the Revised Code; or who are appointed and | 336 |
commissioned as amusement park police officers pursuant to section | 337 |
4973.17 of the Revised Code, to
attend
approved peace officer | 338 |
training schools, including the
Ohio peace
officer training | 339 |
academy, and to receive certificates
of
satisfactory completion of | 340 |
basic training programs, if the
private
college or university that | 341 |
established the campus police
department; qualified nonprofit | 342 |
corporation police department; bank, savings and loan association, | 343 |
savings bank, credit union, or association of banks, savings and | 344 |
loan associations, savings banks, or credit unions;
railroad | 345 |
company; hospital; or amusement park sponsoring the police | 346 |
officers pays
the entire cost of the training and certification | 347 |
and if trainee
vacancies are available; | 348 |
(8) Permitting undercover drug agents to attend approved | 349 |
peace officer training schools, other than the Ohio peace officer | 350 |
training academy, and to receive certificates of satisfactory | 351 |
completion of basic training programs, if, for each undercover | 352 |
drug agent, the county, township, or municipal corporation that | 353 |
employs that undercover drug agent pays the entire cost of the | 354 |
training and certification; | 355 |
(B) The commission shall appoint an executive director,
with | 378 |
the approval of the attorney general, who shall hold office
during | 379 |
the pleasure of the commission. The executive
director shall | 380 |
perform such duties assigned by the
commission. The
executive | 381 |
director
shall receive a salary fixed pursuant to
Chapter 124. of | 382 |
the
Revised Code and reimbursement for expenses
within the amounts | 383 |
available by appropriation. The executive
director may appoint | 384 |
officers, employees, agents, and consultants
as the executive | 385 |
director considers
necessary, prescribe their
duties, and provide | 386 |
for reimbursement
of their expenses within the
amounts available | 387 |
for reimbursement
by appropriation and with the
approval of the | 388 |
commission. | 389 |
(D) In establishing the requirements, under division (A)(12) | 410 |
of this section, the commission may consider any portions of the | 411 |
curriculum for instruction on the topic of animal husbandry | 412 |
practices, if any, of the Ohio state university college of | 413 |
veterinary medicine. No person or entity that fails to provide | 414 |
instruction on traditional animal husbandry methods and training | 415 |
techniques, including customary owner-performed practices, shall | 416 |
qualify to train a humane agent for appointment under section | 417 |
1717.06 of the Revised Code. | 418 |
(B) Any organization, person, or other governmental agency | 445 |
with an interest and expertise in trafficking in persons may | 446 |
submit information or materials to the attorney general regarding | 447 |
the development and presentation of the training required under | 448 |
this section. The attorney general, in developing the training | 449 |
required by this section, shall consider any information submitted | 450 |
pursuant to this division. | 451 |
(1) Information about the risks of becoming a victim of a | 458 |
violation of section 2905.32 of the Revised Code, including | 459 |
information about common recruitment techniques, use of debt | 460 |
bondage and other coercive tactics, the risk of maltreatment, | 461 |
rape, exposure to HIV and AIDS and other sexually transmitted | 462 |
diseases, and the psychological harm related to being a victim of | 463 |
a violation of that section; | 464 |
(B) The attorney general shall prepare and disseminate public | 473 |
awareness materials to educate the public on the extent of | 474 |
trafficking in persons within the United States and to discourage | 475 |
the demand that fosters the exploitation of persons and that leads | 476 |
to trafficking in persons. The public awareness materials may | 477 |
include information on the impact of trafficking in persons on | 478 |
individual victims who are either citizens of the United States or | 479 |
citizens of a foreign country, aggregate information on | 480 |
trafficking worldwide and domestically, as well as warnings of the | 481 |
potential for criminal consequences for participating in | 482 |
trafficking in persons. The materials may include pamphlets, | 483 |
brochures, posters, advertisements, and any other appropriate | 484 |
methods. | 485 |
(E) Any organization, person, or other governmental agency | 493 |
with an interest and expertise in trafficking in persons may | 494 |
submit information or materials to the attorney general regarding | 495 |
the preparation of the programs and materials required under this | 496 |
section. The attorney general, in developing the programs and | 497 |
materials required by this section, shall consider any information | 498 |
submitted pursuant to this division. | 499 |
Sec. 2305.117. An action brought pursuant to section 2307.54 | 503 |
of the Revised Code shall be brought within ten years after the | 504 |
cause of action accrues. For purposes of this section, if the | 505 |
victim of a violation of section 2905.32 of the Revised Code is a | 506 |
minor at the time of the violation, a cause of action brought | 507 |
pursuant to section 2307.54 of the Revised Code accrues upon the | 508 |
date on which the victim reaches the age of majority. | 509 |
Sec. 2307.54. A person who suffers injury or loss to person | 510 |
or property as a result of an act committed in violation of | 511 |
section 2905.32 of the Revised Code has a civil action against the | 512 |
offender and may recover in that action full compensatory damages, | 513 |
punitive or exemplary damages, court costs, other reasonable | 514 |
expenses incurred in maintaining that action, and the reasonable | 515 |
attorney's fees incurred in maintaining that action. | 516 |
(A) An attorney, concerning a communication made to the | 519 |
attorney by a client in that relation or the
attorney's advice to | 520 |
a client, except
that the attorney may testify by express consent | 521 |
of the client
or, if the client is deceased, by the express | 522 |
consent of the
surviving spouse or the executor or administrator | 523 |
of the estate
of the deceased client. However, if the
client | 524 |
voluntarily
testifies or is deemed by section 2151.421 of
the | 525 |
Revised Code to
have waived any testimonial privilege under
this | 526 |
division, the
attorney may be compelled to testify on the
same | 527 |
subject. | 528 |
The testimonial privilege established under this division | 529 |
does not apply concerning a communication between a client who has | 530 |
since died and the deceased client's attorney if the communication | 531 |
is relevant to a dispute between parties who claim through that | 532 |
deceased client, regardless of whether the claims are by testate | 533 |
or intestate succession or by inter vivos transaction, and the | 534 |
dispute addresses the competency of the deceased client when the | 535 |
deceased client executed a document that is the basis of the | 536 |
dispute or whether the deceased client was a victim of fraud, | 537 |
undue influence, or duress when the deceased client executed a | 538 |
document that is the basis of the dispute. | 539 |
(B)(1) A physician or a dentist concerning a communication | 540 |
made to the physician or dentist by a patient in that relation or | 541 |
the
physician's or dentist's advice to a
patient, except as | 542 |
otherwise provided in this division, division (B)(2), and
division | 543 |
(B)(3) of this section, and except that, if the patient
is deemed | 544 |
by section 2151.421 of the Revised Code to have waived
any | 545 |
testimonial privilege under this division, the physician may
be | 546 |
compelled to testify on the same subject. | 547 |
(iii) If a medical claim, dental claim, chiropractic
claim, | 560 |
or optometric claim, as defined in section 2305.113 of the
Revised | 561 |
Code, an action for wrongful death, any other type of
civil | 562 |
action, or a claim under Chapter 4123. of the Revised Code
is | 563 |
filed by the patient, the personal representative of the
estate of | 564 |
the patient if deceased, or the patient's guardian
or other legal | 565 |
representative. | 566 |
(b) In any civil action concerning court-ordered treatment
or | 567 |
services
received by a patient, if the court-ordered treatment
or | 568 |
services were ordered
as part of a case plan journalized under | 569 |
section 2151.412 of the Revised Code or the
court-ordered | 570 |
treatment or services are necessary or relevant to dependency, | 571 |
neglect, or abuse or temporary or permanent custody proceedings | 572 |
under
Chapter 2151. of the Revised Code. | 573 |
(c) In any criminal action concerning any test or the
results | 574 |
of any test that determines the presence or concentration
of | 575 |
alcohol,
a drug of abuse, a combination of them, a controlled | 576 |
substance, or a metabolite of a controlled substance in the | 577 |
patient's whole blood, blood serum or plasma, breath, urine, or | 578 |
other bodily substance at any
time
relevant to the criminal | 579 |
offense in question. | 580 |
(d) In any criminal action against a physician
or dentist.
In | 581 |
such an action, the testimonial privilege
established under
this | 582 |
division does not prohibit the admission
into evidence, in | 583 |
accordance with the
Rules of
Evidence, of a patient's
medical or | 584 |
dental records or other communications between a
patient and the | 585 |
physician or dentist that are related to the
action and obtained | 586 |
by subpoena, search warrant, or other lawful
means. A court that | 587 |
permits or compels a physician or dentist
to testify in such an | 588 |
action or permits the introduction into
evidence of patient | 589 |
records or other communications in such an
action shall require | 590 |
that appropriate measures be taken to
ensure that the | 591 |
confidentiality of any patient named or
otherwise identified in | 592 |
the records is maintained. Measures to
ensure confidentiality
that | 593 |
may be taken by the court include
sealing its records or
deleting | 594 |
specific information from its
records. | 595 |
(e)(i) If the communication was between a patient who has | 596 |
since died and the deceased patient's physician or dentist, the | 597 |
communication is relevant to a dispute between parties who claim | 598 |
through that deceased patient, regardless of whether the claims | 599 |
are by testate or intestate succession or by inter vivos | 600 |
transaction, and the dispute addresses the competency of the | 601 |
deceased patient when the deceased patient executed a document | 602 |
that is the basis of the dispute or whether the deceased patient | 603 |
was a victim of fraud, undue influence, or duress when the | 604 |
deceased patient executed a document that is the basis of the | 605 |
dispute. | 606 |
(ii) If neither the spouse of a patient nor the executor or | 607 |
administrator of that patient's estate gives consent under | 608 |
division (B)(1)(a)(ii) of this section, testimony or the | 609 |
disclosure of the patient's medical records by a physician, | 610 |
dentist, or other health care provider under division (B)(1)(e)(i) | 611 |
of this section is a permitted use or disclosure of protected | 612 |
health information, as defined in 45 C.F.R. 160.103, and an | 613 |
authorization or opportunity to be heard shall not be required. | 614 |
(v) A person to whom protected health information is | 621 |
disclosed under division (B)(1)(e)(i) of this section shall not | 622 |
use or disclose the protected health information for any purpose | 623 |
other than the litigation or proceeding for which the information | 624 |
was requested and shall return the protected health information to | 625 |
the covered entity or destroy the protected health information, | 626 |
including all copies made, at the conclusion of the litigation or | 627 |
proceeding. | 628 |
(2)(a) If any law enforcement officer submits a written | 629 |
statement to a health
care provider that states that an official | 630 |
criminal investigation has begun
regarding a specified person or | 631 |
that a criminal action or proceeding has been
commenced against a | 632 |
specified person, that requests the provider to supply to
the | 633 |
officer copies of any records the provider possesses that pertain | 634 |
to any
test or the results of any test administered to the | 635 |
specified person to
determine the presence or concentration of | 636 |
alcohol, a drug of abuse, a combination of them, a controlled | 637 |
substance, or a metabolite of a controlled substance in the | 638 |
person's whole blood, blood serum or plasma, breath, or urine at | 639 |
any time
relevant to the
criminal offense in question, and that | 640 |
conforms to section
2317.022 of the Revised Code, the provider, | 641 |
except to the extent
specifically
prohibited by any law of this | 642 |
state or of the United
States, shall supply to
the officer a copy | 643 |
of any of the requested
records the provider possesses. If
the | 644 |
health care provider does
not possess any of the requested | 645 |
records, the
provider shall give
the officer a written statement | 646 |
that indicates that the
provider
does not possess any of the | 647 |
requested records. | 648 |
(b) If a health care provider possesses any records of the | 649 |
type described in
division (B)(2)(a) of this section regarding the | 650 |
person in question at any
time relevant to the criminal offense in | 651 |
question, in lieu of personally
testifying as to the results of | 652 |
the test in question, the custodian of the
records may submit a | 653 |
certified copy of the records, and, upon its submission,
the | 654 |
certified copy is qualified as authentic evidence and may be | 655 |
admitted as
evidence in accordance with the Rules of Evidence. | 656 |
Division (A) of section
2317.422 of the Revised Code does not | 657 |
apply to any certified copy of records
submitted in accordance | 658 |
with this division. Nothing in this division shall be
construed
to | 659 |
limit the right of any party to call as a witness the person
who | 660 |
administered the test to which the records pertain, the person | 661 |
under whose
supervision the test was administered, the custodian | 662 |
of the records, the
person who made the records, or the person | 663 |
under whose supervision the records
were made. | 664 |
(3)(a) If the testimonial privilege described in division | 665 |
(B)(1) of this section does not apply as provided in division | 666 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 667 |
compelled to testify or to submit to discovery under the Rules of | 668 |
Civil Procedure only as to a communication made to the physician | 669 |
or dentist by the patient in question in that relation, or the | 670 |
physician's or
dentist's advice to the
patient in question, that | 671 |
related causally or historically to
physical or mental injuries | 672 |
that are relevant to issues in the
medical claim, dental claim, | 673 |
chiropractic claim, or optometric
claim, action for wrongful | 674 |
death, other civil action, or claim
under Chapter 4123. of the | 675 |
Revised Code. | 676 |
(b) If the testimonial privilege described in division
(B)(1) | 677 |
of this section
does not apply to a physician or dentist as | 678 |
provided in division
(B)(1)(c) of
this section, the physician or | 679 |
dentist, in lieu of personally testifying as to
the results of the | 680 |
test in question, may submit a certified copy of those
results, | 681 |
and, upon its submission, the certified copy is qualified as | 682 |
authentic
evidence and may be admitted as evidence in accordance | 683 |
with the Rules of
Evidence. Division (A) of section 2317.422 of | 684 |
the Revised Code does not apply
to any certified copy of results | 685 |
submitted in accordance with this division.
Nothing in this | 686 |
division shall be construed to limit the right of any party to | 687 |
call as a witness the person who administered the test in | 688 |
question, the person
under whose supervision the test was | 689 |
administered, the custodian of the
results
of the test, the person | 690 |
who compiled the results, or the person under whose
supervision | 691 |
the results were compiled. | 692 |
(5)(a) As used in divisions (B)(1) to (4) of this
section, | 698 |
"communication" means acquiring, recording, or transmitting any | 699 |
information, in any manner, concerning any facts, opinions, or | 700 |
statements necessary to enable a physician or dentist to
diagnose, | 701 |
treat, prescribe, or act for a patient. A
"communication" may | 702 |
include, but is not limited to, any medical
or dental, office, or | 703 |
hospital communication such as a record,
chart, letter, | 704 |
memorandum, laboratory test and results, x-ray,
photograph, | 705 |
financial statement, diagnosis, or prognosis. | 706 |
(i)
"Ambulatory care facility" means a facility that
provides | 712 |
medical, diagnostic, or surgical treatment to patients
who do not | 713 |
require hospitalization, including a dialysis center,
ambulatory | 714 |
surgical facility, cardiac catheterization facility,
diagnostic | 715 |
imaging center, extracorporeal shock wave lithotripsy
center, home | 716 |
health agency, inpatient hospice, birthing center,
radiation | 717 |
therapy center, emergency facility, and an urgent care
center. | 718 |
"Ambulatory health care facility" does not include the
private | 719 |
office of a physician or dentist, whether the office is
for an | 720 |
individual or group practice. | 721 |
(v)
"Long-term care facility" means a nursing home, | 729 |
residential care facility, or home
for the aging,
as those terms | 730 |
are defined in section 3721.01 of the Revised Code; an adult care | 731 |
facility, as defined in section 3722.01
of the Revised Code; a | 732 |
nursing facility or intermediate care facility for the mentally | 733 |
retarded, as those terms are defined in section 5111.20 of the | 734 |
Revised Code; a facility or portion of a facility certified as a | 735 |
skilled nursing facility under Title XVIII of the
"Social
Security | 736 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 737 |
(7) Nothing in divisions (B)(1) to (6)
of this section | 746 |
affects, or shall be construed as affecting, the immunity from | 747 |
civil liability conferred by section 307.628 of the Revised Code | 748 |
or the immunity from civil liability conferred by section 2305.33 | 749 |
of the
Revised Code
upon physicians who report an employee's use | 750 |
of a
drug of abuse,
or a condition of an employee other than one | 751 |
involving the use of
a drug of abuse, to the employer of the | 752 |
employee in accordance
with division (B) of that section. As used | 753 |
in division
(B)(7) of this section,
"employee,"
"employer," and | 754 |
"physician" have the same meanings as
in section 2305.33 of the | 755 |
Revised Code. | 756 |
(C)(1) A cleric, when the cleric remains accountable to
the | 757 |
authority
of that cleric's church, denomination, or sect, | 758 |
concerning a
confession
made, or any information confidentially | 759 |
communicated,
to the
cleric for
a
religious counseling purpose in | 760 |
the
cleric's professional character. The cleric
may testify
by | 761 |
express consent of the person making the communication, except | 762 |
when the disclosure of the information is in violation of a sacred | 763 |
trust and except that, if the person voluntarily testifies or is | 764 |
deemed by division (A)(4)(c) of section 2151.421 of the Revised | 765 |
Code to have waived any testimonial privilege under this division, | 766 |
the cleric may be compelled to testify on the same subject except | 767 |
when disclosure of the information is in violation of a sacred | 768 |
trust. | 769 |
(F) A person who, if a party, would be restricted
under | 795 |
section 2317.03 of the Revised Code, when the
property or thing is | 796 |
sold or transferred by an executor,
administrator, guardian, | 797 |
trustee, heir, devisee, or legatee,
shall be restricted in the | 798 |
same manner in any action or
proceeding concerning the property or | 799 |
thing. | 800 |
(G)(1) A school guidance counselor who holds a valid
educator | 801 |
license from the state board of education as
provided for
in | 802 |
section 3319.22 of the Revised Code, a trafficking-in-persons | 803 |
caseworker, a person
licensed under
Chapter 4757. of the Revised | 804 |
Code
as a professional clinical
counselor, professional counselor, | 805 |
social worker, independent
social worker, marriage and family | 806 |
therapist or, independent marriage and family therapist, or a | 807 |
person registered under Chapter 4757. of the Revised
Code as a | 808 |
social work assistant concerning a confidential
communication | 809 |
received from a
client in that relation or
the
person's advice to | 810 |
a client unless any of
the following applies: | 811 |
(H) A mediator acting under a mediation order issued under | 858 |
division (A) of section 3109.052 of the Revised Code or otherwise | 859 |
issued in any proceeding for divorce, dissolution, legal | 860 |
separation, annulment, or the allocation of parental rights and | 861 |
responsibilities for the care of children, in any action or | 862 |
proceeding, other than a criminal, delinquency, child abuse,
child | 863 |
neglect, or dependent child action or proceeding, that is
brought | 864 |
by or against either parent who takes part in mediation
in | 865 |
accordance with the order and that pertains to the mediation | 866 |
process, to any information discussed or presented in the | 867 |
mediation process, to the allocation of parental rights and | 868 |
responsibilities for the care of the parents' children, or to the | 869 |
awarding of parenting time rights in relation to their children; | 870 |
(I) A communications assistant, acting within the scope of | 871 |
the communication assistant's authority, when providing | 872 |
telecommunications relay service
pursuant to section 4931.35 of | 873 |
the Revised Code or Title II of
the
"Communications Act of 1934," | 874 |
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 875 |
made through a telecommunications
relay service.
Nothing in this | 876 |
section shall limit the obligation of a
communications assistant | 877 |
to divulge information or testify when mandated by
federal law or | 878 |
regulation or pursuant to subpoena in a criminal proceeding. | 879 |
(J)(1) A chiropractor in a civil proceeding concerning a | 882 |
communication made to the chiropractor by a patient in that | 883 |
relation or the
chiropractor's advice to a patient, except as | 884 |
otherwise provided in this
division. The testimonial privilege | 885 |
established under this division does not
apply, and a chiropractor | 886 |
may testify or may be compelled
to testify, in any civil action, | 887 |
in accordance with the discovery
provisions of the Rules of Civil | 888 |
Procedure in
connection with a
civil action, or in connection with | 889 |
a claim under Chapter 4123.
of the Revised Code, under any of the | 890 |
following
circumstances: | 891 |
(c) If a medical claim, dental claim, chiropractic
claim, or | 897 |
optometric claim, as defined in section 2305.113 of the
Revised | 898 |
Code, an action for wrongful death, any other type
of
civil | 899 |
action, or a claim under Chapter 4123. of the Revised
Code
is | 900 |
filed by the patient, the personal representative of the
estate of | 901 |
the patient if deceased, or the patient's guardian
or other legal | 902 |
representative. | 903 |
(2) If the testimonial privilege described in division
(J)(1) | 904 |
of this section does not apply as provided in division
(J)(1)(c) | 905 |
of this section, a chiropractor may be
compelled to
testify or to | 906 |
submit to discovery under the Rules of
Civil
Procedure only as to | 907 |
a communication made to the
chiropractor by
the patient in | 908 |
question in that relation, or the
chiropractor's
advice to the | 909 |
patient in question, that related causally or
historically to | 910 |
physical or mental injuries that are relevant to
issues in the | 911 |
medical claim, dental claim, chiropractic claim, or
optometric | 912 |
claim, action for wrongful death, other civil action,
or claim | 913 |
under Chapter 4123. of the Revised Code. | 914 |
(4) As used in this division (J) of this section, | 918 |
"communication" means
acquiring,
recording, or transmitting any | 919 |
information, in any
manner, concerning
any facts, opinions, or | 920 |
statements necessary to
enable a chiropractor to
diagnose, treat, | 921 |
or act for a
patient.
A
communication may
include, but is not | 922 |
limited to, any
chiropractic, office, or
hospital communication | 923 |
such as a record,
chart, letter,
memorandum, laboratory test and | 924 |
results, x-ray,
photograph,
financial statement, diagnosis, or | 925 |
prognosis. | 926 |
(l) The payment of actual costs associated with initiatives | 1054 |
by the attorney general for the apprehension, prosecution, and | 1055 |
accountability of offenders, and the enhancing of services to | 1056 |
crime victims. The amount of payments made pursuant to division | 1057 |
(A)(1)(l) of this section during any given fiscal year shall not | 1058 |
exceed five per cent of the balance of the reparations fund at the | 1059 |
close of the immediately previous fiscal year; | 1060 |
(2) All costs paid
pursuant to section 2743.70 of the Revised | 1068 |
Code, the
portions of license reinstatement fees mandated by | 1069 |
division
(F)(2)(b) of section 4511.191 of the Revised Code to be | 1070 |
credited
to the fund, the portions of the proceeds of the sale of | 1071 |
a
forfeited vehicle specified in division (C)(2) of section | 1072 |
4503.234 of the Revised Code, payments
collected by the department | 1073 |
of rehabilitation and correction from prisoners
who voluntarily | 1074 |
participate in an approved work and training program pursuant
to | 1075 |
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and | 1076 |
all moneys
collected by the
state pursuant to its right of | 1077 |
subrogation provided in section
2743.72 of the Revised Code shall | 1078 |
be deposited in the fund. | 1079 |
(3) If sufficient
unencumbered moneys do not exist in the | 1090 |
fund, the attorney
general shall make
application for payment of | 1091 |
the award out of the emergency
purposes account or any other | 1092 |
appropriation for emergencies or
contingencies, and payment out of | 1093 |
this account or other
appropriation shall be authorized if there | 1094 |
are sufficient moneys
greater than the sum total of then pending | 1095 |
emergency purposes
account requests or requests for releases from | 1096 |
the other
appropriations. | 1097 |
(4) If sufficient moneys do not exist in the account or
any | 1098 |
other appropriation for emergencies or contingencies to pay
the | 1099 |
award, the attorney general shall request the
general assembly to | 1100 |
make an appropriation sufficient to pay the award, and no payment | 1101 |
shall be made until the appropriation has been made. The
attorney | 1102 |
general shall make this appropriation request
during the current | 1103 |
biennium and during each succeeding biennium until a sufficient | 1104 |
appropriation is made. If, prior to the time that an
appropriation | 1105 |
is made by the general assembly pursuant to this
division, the | 1106 |
fund has sufficient unencumbered funds to pay the
award or part of | 1107 |
the award, the available funds shall be used to
pay the award or | 1108 |
part of the award, and the appropriation request
shall be amended | 1109 |
to request only sufficient funds to pay that
part
of the award | 1110 |
that is unpaid. | 1111 |
(C) The attorney general shall not make payment on a
decision | 1112 |
or order granting an award until all appeals
have been
determined | 1113 |
and all rights to appeal exhausted, except
as otherwise
provided | 1114 |
in this section. If any party to a claim
for an award of | 1115 |
reparations appeals from only a portion of an
award, and a | 1116 |
remaining portion provides for the payment of money
by the state, | 1117 |
that part of the award calling for the payment of money by the | 1118 |
state and not a subject of the appeal shall be processed for | 1119 |
payment as described in this section. | 1120 |
(a) A violation of section 2903.03, 2903.04, 2905.01, | 1143 |
2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, | 1144 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 1145 |
2911.01, 2911.02, 2911.11,
2911.12, or
2917.02 of the Revised | 1146 |
Code, a violation of
section 2903.11 or 2903.12 of the Revised | 1147 |
Code if the victim is
a peace officer, a violation of section | 1148 |
2903.13 of the Revised Code that is a
felony, or a
violation of | 1149 |
former section 2907.12 of the Revised Code; | 1150 |
(E) A prosecution is commenced on the date an indictment
is | 1171 |
returned or an information filed, or on the date a lawful
arrest | 1172 |
without a warrant is made, or on the date a warrant,
summons, | 1173 |
citation, or other process is issued, whichever occurs
first. A | 1174 |
prosecution is not commenced by the return of an
indictment or the | 1175 |
filing of an information unless reasonable
diligence is exercised | 1176 |
to issue and execute process on the same.
A prosecution is not | 1177 |
commenced upon issuance of a warrant,
summons, citation, or other | 1178 |
process, unless reasonable diligence
is exercised to execute the | 1179 |
same. | 1180 |
(I) The period of limitation for a violation of any provision | 1193 |
of Title XXIX of the Revised Code that involves a physical or | 1194 |
mental wound, injury, disability, or condition of a nature that | 1195 |
reasonably indicates abuse or neglect of a child under eighteen | 1196 |
years of age or of a mentally retarded, developmentally disabled, | 1197 |
or physically impaired child under twenty-one years of age shall | 1198 |
not begin to run until either of the following occurs: | 1199 |
(1) Engages in, attempts to engage in, conspires to engage | 1249 |
in, or recruits, lures, entices, harbors, transports, provides, or | 1250 |
obtains or attempts to recruit, lure, entice, harbor, transport, | 1251 |
provide, or obtain another person to engage in a violation of | 1252 |
section 2905.01, 2905.02, 2907.21, 2907.22, 2907.32, 2907.321, | 1253 |
2907.322, or 2907.323 of the Revised Code or a violation of any | 1254 |
former law of this state, any existing or former municipal | 1255 |
ordinance or law of another state or the United States, or any | 1256 |
existing or former law of any nation other than the United States | 1257 |
that is or was substantially equivalent to one of these offenses | 1258 |
and either of the following applies: | 1259 |
(a) For an adult victim, the offender recruited, lured, | 1260 |
enticed, harbored, transported, provided, or obtained or attempted | 1261 |
to recruit, lure, entice, harbor, transport, provide, or obtain | 1262 |
the victim for the purpose of engaging in a commercial sex act, a | 1263 |
sexually explicit performance, labor, or services by doing one of | 1264 |
the following: | 1265 |
(b) If the victim is a minor, the offender recruited, lured, | 1286 |
enticed, harbored, transported, provided, or obtained or attempted | 1287 |
to recruit, lure, entice, harbor, transport, provide, or obtain | 1288 |
the victim for the purpose of engaging in a commercial sex act, a | 1289 |
sexually explicit performance, labor, or services by any means. | 1290 |
(D) In addition to any other penalty or disposition | 1309 |
authorized or required by law, the court shall order any person | 1310 |
who is convicted of, pleads guilty to, or is adjudicated a | 1311 |
delinquent child for a violation of division (A) of this section | 1312 |
to forfeit any proceeds, as defined in section 2981.01 of the | 1313 |
Revised Code, that were derived from or acquired through the | 1314 |
commission of a violation of division (A) of this section. The | 1315 |
provisions of Chapter 2981. of the Revised Code shall govern the | 1316 |
forfeiture of the proceeds described in this division except that | 1317 |
proceeds forfeited under that chapter for the commission of a | 1318 |
violation of division (A) of this section shall first be used to | 1319 |
pay restitution to the victim of a violation of division (A) of | 1320 |
this section as provided in section 2929.181 of the Revised Code, | 1321 |
as well as to pay any punitive or exemplary damages awarded to | 1322 |
that victim in a civil action filed pursuant to section 2307.54 of | 1323 |
the Revised Code. | 1324 |
(B) Except for conditions that are within the scope of | 1352 |
division (E) of this section, no
physician,
limited
practitioner, | 1353 |
nurse, or other person giving aid to a sick
or injured person | 1354 |
shall
negligently fail to report to law
enforcement authorities | 1355 |
any
gunshot or stab wound
treated or observed
by the
physician, | 1356 |
limited practitioner, nurse,
or person, or any serious physical | 1357 |
harm to persons that the
physician, limited practitioner, nurse, | 1358 |
or
person knows or has
reasonable cause to
believe resulted from | 1359 |
an offense of violence. | 1360 |
(C) No person who discovers the body or acquires the first | 1361 |
knowledge of the death of a person shall fail to report the
death | 1362 |
immediately to a physician whom the person knows to be
treating | 1363 |
the deceased for a condition from which death at such
time would | 1364 |
not be unexpected, or to a law enforcement officer,
an ambulance | 1365 |
service,
an emergency squad, or the coroner in a political | 1366 |
subdivision in which the body is discovered, the death is
believed | 1367 |
to have occurred, or knowledge concerning the death is
obtained. | 1368 |
(2) No physician, nurse, or limited practitioner who,
outside | 1385 |
a hospital, sanitarium, or other medical facility,
attends
or | 1386 |
treats a person who has sustained a burn injury
that is
inflicted | 1387 |
by an
explosion or other incendiary device or that
shows evidence | 1388 |
of
having been inflicted in a violent, malicious,
or criminal | 1389 |
manner
shall fail to report the burn injury
immediately to the | 1390 |
local
arson, or fire and explosion
investigation, bureau, if there | 1391 |
is
a bureau
of this type in
the jurisdiction in
which the person | 1392 |
is attended or treated,
or
otherwise to local law
enforcement | 1393 |
authorities. | 1394 |
(3) No manager, superintendent, or other person in charge
of | 1395 |
a hospital, sanitarium, or other medical facility in which a | 1396 |
person is attended or treated for any burn injury
that is | 1397 |
inflicted by an
explosion or other incendiary device or that
shows | 1398 |
evidence of
having been inflicted in a violent, malicious,
or | 1399 |
criminal
manner
shall fail to report the burn injury
immediately | 1400 |
to the
local
arson, or fire and explosion
investigation, bureau, | 1401 |
if there is
a bureau
of this type in
the jurisdiction
in
which the | 1402 |
person is attended or treated, or
otherwise to local
law | 1403 |
enforcement authorities. | 1404 |
(4) No person who is required to report any burn injury
under | 1405 |
division (E)(2) or (3) of this section shall fail to file,
within | 1406 |
three working days after attending or treating the victim,
a | 1407 |
written report of the burn injury with the office of the state | 1408 |
fire marshal. The report shall
comply
with the uniform standard | 1409 |
developed by the
state fire marshal
pursuant to division (A)(15) | 1410 |
of section 3737.22 of the Revised
Code. | 1411 |
(5) Anyone participating in the making of reports under | 1412 |
division (E) of this section or anyone participating in a
judicial | 1413 |
proceeding resulting from the reports is immune
from any civil or | 1414 |
criminal liability that otherwise might be
incurred or imposed as | 1415 |
a result of such actions. Notwithstanding
section 4731.22 of the | 1416 |
Revised Code, the physician-patient
relationship is not a ground | 1417 |
for excluding evidence regarding a
person's burn injury or the | 1418 |
cause of the burn injury in any
judicial proceeding resulting from | 1419 |
a report submitted
under division (E) of this section. | 1420 |
(F)(1) Any doctor of medicine or osteopathic medicine, | 1421 |
hospital intern or
resident, registered or licensed practical | 1422 |
nurse, psychologist, social worker,
independent social worker, | 1423 |
social work assistant, professional
clinical counselor, or | 1424 |
professional counselor who knows or has reasonable
cause to | 1425 |
believe that a patient or client
has been the victim of domestic | 1426 |
violence, as defined in section 3113.31 of the
Revised Code, shall | 1427 |
note that knowledge or belief and the basis for it in the | 1428 |
patient's or client's records. | 1429 |
(1) The information is privileged by reason of the | 1438 |
relationship between attorney and client; doctor and
patient; | 1439 |
licensed psychologist or licensed school psychologist
and client; | 1440 |
member of the clergy, rabbi,
minister, or priest and any person | 1441 |
communicating information confidentially to the member of the | 1442 |
clergy, rabbi, minister, or priest for a religious
counseling | 1443 |
purpose
of a professional
character;
husband and wife; or a | 1444 |
communications
assistant and those who are a party to
a | 1445 |
telecommunications relay service call; or a victim of a violation | 1446 |
of section 2905.32 of the Revised Code and a | 1447 |
trafficking-in-persons caseworker, as defined in section 2317.02 | 1448 |
of the Revised Code. | 1449 |
(5) Disclosure would amount to revealing information
acquired | 1460 |
by the actor in the course of the actor's duties in
connection | 1461 |
with a bona fide program of treatment or services for
drug | 1462 |
dependent persons or persons in danger of drug dependence,
which | 1463 |
program is maintained or conducted by a hospital, clinic,
person, | 1464 |
agency, or organization certified pursuant to section
3793.06 of | 1465 |
the Revised Code. | 1466 |
(6) Disclosure would amount to revealing information
acquired | 1467 |
by the actor in the course of the actor's duties in
connection | 1468 |
with a bona fide program for providing counseling
services to | 1469 |
victims of crimes that are violations of section
2907.02 or | 1470 |
2907.05 of the Revised Code or to victims of felonious
sexual | 1471 |
penetration in
violation of former section 2907.12 of the
Revised | 1472 |
Code. As used in this
division, "counseling services"
include | 1473 |
services provided in an
informal setting by a person who,
by | 1474 |
education or experience, is
competent to provide
those
services. | 1475 |
Sec. 2923.01. (A) No person, with purpose to commit or to | 1491 |
promote or facilitate the commission of aggravated murder,
murder, | 1492 |
kidnapping, compelling prostitution, promoting
prostitution, | 1493 |
trafficking in persons,
aggravated arson, arson, aggravated | 1494 |
robbery,
robbery, aggravated
burglary, burglary, engaging in a | 1495 |
pattern of
corrupt activity,
corrupting another with drugs, a | 1496 |
felony drug trafficking,
manufacturing, processing, or possession | 1497 |
offense, theft of drugs,
or
illegal processing of drug documents, | 1498 |
the commission of a
felony offense of
unauthorized use of a | 1499 |
vehicle, illegally transmitting multiple commercial electronic | 1500 |
mail messages or unauthorized access of a computer in violation of | 1501 |
section 2923.421 of the Revised Code, or
the commission
of a | 1502 |
violation of any provision of Chapter 3734.
of the Revised
Code, | 1503 |
other than section 3734.18 of the Revised
Code, that relates
to | 1504 |
hazardous wastes, shall do either of the
following: | 1505 |
(B) No person shall be convicted of conspiracy unless a | 1511 |
substantial overt act in furtherance of the conspiracy is alleged | 1512 |
and proved to have been done by the accused or a person with
whom | 1513 |
the accused conspired, subsequent to the accused's entrance into | 1514 |
the
conspiracy. For purposes of this section, an overt act is | 1515 |
substantial when it is of a character that manifests a purpose
on | 1516 |
the part of the actor that the object of the conspiracy should
be | 1517 |
completed. | 1518 |
(2) If a person is convicted of or pleads guilty to | 1607 |
conspiracy and if the most serious offense that is the object of | 1608 |
the
conspiracy is a felony drug trafficking, manufacturing, | 1609 |
processing, or
possession offense, in addition to the penalties or | 1610 |
sanctions that may be
imposed for the conspiracy under division | 1611 |
(J)(2) or (4) of this section and
Chapter 2929. of the Revised | 1612 |
Code, both of the following apply: | 1613 |
(a) The provisions of divisions (D), (F), and (G) of section | 1614 |
2925.03,
division (D) of section 2925.04, division (D) of section | 1615 |
2925.05, division (D)
of section 2925.06, and division (E) of | 1616 |
section 2925.11 of the Revised Code
that pertain to mandatory and | 1617 |
additional fines, driver's or commercial
driver's license or | 1618 |
permit
suspensions, and
professionally
licensed
persons
and that | 1619 |
would apply under the appropriate
provisions of
those
divisions to | 1620 |
a person who is convicted of or
pleads guilty to the felony drug | 1621 |
trafficking, manufacturing,
processing, or possession offense that | 1622 |
is the most
serious offense
that is the basis of the conspiracy | 1623 |
shall apply to
the person who
is convicted of or pleads guilty to | 1624 |
the conspiracy as if the
person had been convicted of or pleaded | 1625 |
guilty to the felony drug
trafficking,
manufacturing, processing, | 1626 |
or possession offense that
is the most serious
offense that is the | 1627 |
basis of the conspiracy. | 1628 |
Sec. 2929.18. (A) Except as otherwise provided in this | 1644 |
division and in addition to imposing court costs pursuant to | 1645 |
section 2947.23
of the Revised Code, the court imposing a sentence | 1646 |
upon an offender for a
felony may sentence the offender to any | 1647 |
financial sanction or combination of
financial
sanctions | 1648 |
authorized under this section or, in the circumstances specified | 1649 |
in section
2929.32 of the Revised Code, may impose upon
the | 1650 |
offender a fine in accordance with that section.
Financial | 1651 |
sanctions
that may be imposed pursuant to this section
include, | 1652 |
but are
not limited to, the following: | 1653 |
(1) RestitutionExcept as otherwise provided in section | 1654 |
2929.181 of the Revised Code, restitution by the offender to the | 1655 |
victim of the
offender's crime or any survivor of the victim, in | 1656 |
an amount
based
on the victim's economic loss. If the court | 1657 |
imposes restitution, the court shall order that the
restitution be | 1658 |
made
to the victim in open court, to the adult
probation | 1659 |
department that serves
the county
on behalf of the
victim, to the | 1660 |
clerk of courts, or to
another agency
designated by
the court. If | 1661 |
the court imposes restitution, at sentencing, the court shall | 1662 |
determine
the
amount of
restitution to be made by the offender.
If | 1663 |
the court imposes restitution, the court may
base the amount of | 1664 |
restitution it orders on an amount recommended
by the victim, the | 1665 |
offender, a presentence investigation report,
estimates or | 1666 |
receipts indicating the cost of repairing or
replacing property, | 1667 |
and other information, provided that the amount the court orders | 1668 |
as restitution shall not exceed the amount of the economic loss | 1669 |
suffered by the victim as a direct and proximate result of the | 1670 |
commission of the offense. If the court decides to impose | 1671 |
restitution, the court shall hold a
hearing on restitution if the | 1672 |
offender, victim, or survivor
disputes the amount. All
restitution | 1673 |
payments
shall be credited
against any recovery of
economic loss | 1674 |
in a
civil action brought by
the victim or any
survivor of the | 1675 |
victim
against the offender. | 1676 |
(2) Except as provided in division (B)(1), (3), or (4) of | 1686 |
this section, a fine payable by the offender to the state, to a | 1687 |
political subdivision, or as described in division (B)(2)
of this | 1688 |
section to one or more law enforcement agencies, with the
amount | 1689 |
of the fine based on a standard percentage of the
offender's daily | 1690 |
income over a period of time determined by the
court and based | 1691 |
upon the seriousness of the offense. A fine
ordered under this | 1692 |
division shall not exceed the
maximum conventional fine
amount | 1693 |
authorized for
the level of the offense under division
(A)(3) of | 1694 |
this section. | 1695 |
(b) If the offender is sentenced to a sanction of
confinement | 1725 |
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is | 1726 |
to be served in a facility
operated by a board of
county | 1727 |
commissioners, a legislative authority of a
municipal
corporation, | 1728 |
or another local governmental entity,
if, pursuant to
section | 1729 |
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, | 1730 |
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised | 1731 |
Code,
the
board,
legislative
authority, or other local | 1732 |
governmental
entity requires
prisoners
to
reimburse
the county, | 1733 |
municipal
corporation,
or other entity
for
its expenses incurred | 1734 |
by reason
of the
prisoner's confinement,
and if the
court
does not | 1735 |
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this | 1736 |
section,
confinement
costs may be
assessed pursuant to section | 1737 |
2929.37 of
the Revised Code. In
addition, the offender may be | 1738 |
required to pay
the fees specified
in section 2929.38 of the | 1739 |
Revised Code in
accordance with that
section. | 1740 |
(B)(1) For a first, second, or third degree
felony violation | 1743 |
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 1744 |
Code, the
sentencing court shall impose upon the offender a | 1745 |
mandatory fine
of at least one-half of, but not more than, the | 1746 |
maximum statutory
fine amount authorized for the level of the | 1747 |
offense pursuant to
division (A)(3) of this section. If an | 1748 |
offender alleges in an affidavit filed
with the court prior
to | 1749 |
sentencing that the offender is indigent and unable to pay the | 1750 |
mandatory fine and if the court determines the offender is an | 1751 |
indigent person and is unable to pay the mandatory fine described | 1752 |
in this
division, the court shall not impose the mandatory fine | 1753 |
upon the offender. | 1754 |
(4) Notwithstanding any fine
otherwise authorized or
required | 1768 |
to be imposed under division
(A)(2) or (3) or (B)(1) of
this | 1769 |
section or section 2929.31
of the Revised Code for a
violation of | 1770 |
section 2925.03 of the Revised Code, in
addition to
any
penalty or | 1771 |
sanction imposed for that offense under section
2925.03 or | 1772 |
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to | 1773 |
the
forfeiture of property in connection with the
offense as | 1774 |
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the | 1775 |
court that sentences
an offender for a violation
of section | 1776 |
2925.03 of
the Revised Code may impose upon the
offender a fine in | 1777 |
addition to any fine imposed under division
(A)(2) or (3) of this | 1778 |
section
and in addition to any mandatory
fine imposed under | 1779 |
division
(B)(1) of this section. The fine
imposed under division | 1780 |
(B)(4) of this section shall be used as
provided in division
(H) | 1781 |
of section 2925.03 of the Revised Code.
A
fine
imposed under | 1782 |
division (B)(4) of this section shall not
exceed
whichever of the | 1783 |
following is applicable: | 1784 |
(b) If the offender has no interest
in any property of the | 1791 |
type described in division
(B)(4)(a) of this section or if it is | 1792 |
not possible to
ascertain whether
the offender has an interest in | 1793 |
any property of that type in
which the offender may have an | 1794 |
interest, the amount of the
mandatory fine for the offense imposed | 1795 |
under division
(B)(1) of this section or, if no mandatory fine is | 1796 |
imposed under
division (B)(1) of this section, the amount of the | 1797 |
fine authorized
for the level of the offense
imposed under | 1798 |
division (A)(3) of this section. | 1799 |
(5) Prior to imposing a fine under division
(B)(4) of this | 1800 |
section, the
court shall determine whether the offender has an | 1801 |
interest in
any property of the type described in division | 1802 |
(B)(4)(a) of this section. Except as provided in
division (B)(6) | 1803 |
or (7) of this section,
a fine that is authorized and imposed | 1804 |
under division
(B)(4) of this section does not
limit or affect the | 1805 |
imposition of the penalties and sanctions
for a violation of | 1806 |
section 2925.03 of the Revised Code
prescribed under
those | 1807 |
sections
or sections 2929.11 to 2929.18 of the
Revised Code and | 1808 |
does not limit or
affect a forfeiture of property in connection | 1809 |
with the offense
as prescribed in sections 2925.42 to 2925.45 of | 1810 |
the
Revised Code. | 1811 |
(6) If the sum total of a mandatory fine amount imposed
for
a | 1812 |
first, second, or third degree felony violation of section
2925.03 | 1813 |
of the Revised Code under division
(B)(1) of this section
plus the | 1814 |
amount of any fine imposed under division
(B)(4) of this
section | 1815 |
does not
exceed the maximum statutory fine amount
authorized for | 1816 |
the
level of the offense under division (A)(3) of
this section or | 1817 |
section 2929.31 of the Revised Code, the court may
impose a
fine | 1818 |
for the offense in addition to the mandatory fine
and the
fine | 1819 |
imposed under division (B)(4) of this section. The
sum total of | 1820 |
the amounts of the mandatory fine, the fine imposed
under division | 1821 |
(B)(4) of this
section, and the additional fine
imposed under | 1822 |
division
(B)(6) of this section shall
not exceed the
maximum | 1823 |
statutory fine amount authorized for the
level of the
offense | 1824 |
under division (A)(3) of this section or
section 2929.31
of the | 1825 |
Revised Code. The clerk of the court
shall pay any fine
that is | 1826 |
imposed under division
(B)(6) of this section to the
county, | 1827 |
township, municipal
corporation, park district as
created
pursuant | 1828 |
to section 511.18 or 1545.04 of the
Revised Code, or
state law | 1829 |
enforcement
agencies in this state that primarily were
responsible | 1830 |
for or
involved in making the arrest of, and in
prosecuting, the | 1831 |
offender pursuant to division (F) of section
2925.03 of the | 1832 |
Revised Code. | 1833 |
(7) If the sum total of the amount of a mandatory fine | 1834 |
imposed for a first, second, or third degree felony violation of | 1835 |
section 2925.03 of the Revised Code plus the amount of any
fine | 1836 |
imposed under division (B)(4) of this section exceeds
the maximum | 1837 |
statutory fine amount authorized for the level of
the offense | 1838 |
under division (A)(3) of this section or
section 2929.31 of the | 1839 |
Revised Code, the court shall not
impose a fine under division | 1840 |
(B)(6) of this section. | 1841 |
(C)(1) The offender shall pay reimbursements
imposed upon
the | 1842 |
offender pursuant to division
(A)(5)(a) of this
section to
pay
the | 1843 |
costs incurred by the department of rehabilitation and
correction | 1844 |
in operating a
prison or other facility used to confine
offenders | 1845 |
pursuant to sanctions
imposed under section 2929.14 or
2929.16 of | 1846 |
the Revised
Code to the treasurer of state. The
treasurer of state | 1847 |
shall deposit the reimbursements in the
confinement cost | 1848 |
reimbursement fund that is hereby created in the
state
treasury. | 1849 |
The department of rehabilitation and correction
shall
use the | 1850 |
amounts deposited in the fund to fund the operation
of
facilities | 1851 |
used to confine offenders pursuant to sections
2929.14
and 2929.16 | 1852 |
of the Revised Code. | 1853 |
(2) Except as provided in section 2951.021 of the Revised | 1854 |
Code, the offender
shall pay reimbursements imposed upon the | 1855 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1856 |
costs incurred by a county pursuant to any
sanction imposed
under | 1857 |
this section or section 2929.16 or 2929.17
of the Revised
Code or | 1858 |
in operating a facility
used to confine offenders pursuant
to a | 1859 |
sanction imposed under
section 2929.16 of the Revised Code to
the | 1860 |
county
treasurer. The county treasurer shall deposit the | 1861 |
reimbursements in the sanction cost reimbursement fund that each | 1862 |
board of county commissioners shall create in its county
treasury. | 1863 |
The county shall use the amounts deposited in the fund
to pay the | 1864 |
costs incurred by the county pursuant to any sanction
imposed | 1865 |
under this section or section 2929.16 or 2929.17 of the
Revised | 1866 |
Code or in operating a facility used to
confine offenders pursuant | 1867 |
to a sanction imposed under section
2929.16 of the Revised Code. | 1868 |
(3) Except as provided in section 2951.021 of the Revised | 1869 |
Code, the offender
shall pay reimbursements imposed upon the | 1870 |
offender pursuant to division
(A)(5)(a) of this
section to pay
the | 1871 |
costs incurred by a municipal corporation
pursuant to any
sanction | 1872 |
imposed under this section or section
2929.16 or 2929.17
of the | 1873 |
Revised Code or in
operating a facility used to confine
offenders | 1874 |
pursuant to a
sanction imposed under section 2929.16 of
the | 1875 |
Revised
Code to the treasurer of the municipal
corporation.
The | 1876 |
treasurer shall deposit the reimbursements
in a special fund
that | 1877 |
shall be established in the
treasury of each municipal | 1878 |
corporation. The municipal
corporation shall use the amounts | 1879 |
deposited in the fund to pay
the costs incurred by the municipal | 1880 |
corporation pursuant to any
sanction imposed under this section or | 1881 |
section 2929.16 or 2929.17
of the Revised Code or in operating a | 1882 |
facility
used to confine offenders pursuant to a sanction imposed | 1883 |
under
section 2929.16 of the Revised Code. | 1884 |
(D)
Except as otherwise provided in this division, a | 1890 |
financial sanction imposed pursuant to division (A) or
(B) of this | 1891 |
section is a judgment in favor of the state or a
political | 1892 |
subdivision in which the court that imposed the
financial
sanction | 1893 |
is located, and the offender subject to the financial sanction is | 1894 |
the judgment debtor. A financial sanction of
reimbursement
imposed | 1895 |
pursuant to division
(A)(5)(a)(ii) of this
section upon
an | 1896 |
offender who is incarcerated in a state facility
or a municipal | 1897 |
jail is a judgment in favor of the state or the
municipal | 1898 |
corporation, and the offender subject to the financial sanction is | 1899 |
the judgment debtor. A financial sanction of reimbursement
imposed | 1900 |
upon an
offender pursuant to this section for costs
incurred by a | 1901 |
private provider of
sanctions is a judgment in favor
of the | 1902 |
private provider, and the offender subject to the financial | 1903 |
sanction is the judgment debtor. A
financial sanction of | 1904 |
restitution
imposed
pursuant to this section is an order in favor | 1905 |
of the
victim of
the offender's criminal act that can be collected | 1906 |
through execution as described in division (D)(1) of this section | 1907 |
or through an order as described in division (D)(2) of this | 1908 |
section, and the offender shall be considered for purposes of the | 1909 |
collection as the judgment debtor. Imposition of a financial | 1910 |
sanction and execution on the
judgment does not preclude any other | 1911 |
power of the court to impose or enforce
sanctions on the offender. | 1912 |
Once the financial sanction is
imposed as a judgment or order | 1913 |
under this division, the victim,
private provider, state, or | 1914 |
political subdivision may bring an
action to do any of the | 1915 |
following: | 1916 |
(F) Each court imposing a financial sanction
upon an
offender | 1942 |
under this section or under section
2929.32 of
the
Revised
Code | 1943 |
may designate
the clerk of the court
or another person to collect | 1944 |
the financial sanction. The
clerk or other person authorized by | 1945 |
law or the court to collect
the financial sanction may
enter into | 1946 |
contracts with one or more
public agencies or private
vendors for | 1947 |
the collection of, amounts
due under the financial
sanction | 1948 |
imposed pursuant to this
section
or section
2929.32 of
the Revised | 1949 |
Code. Before entering
into a
contract for the
collection of | 1950 |
amounts due from an offender
pursuant to any
financial sanction | 1951 |
imposed
pursuant to this
section or section
2929.32 of the Revised | 1952 |
Code,
a court
shall comply with sections
307.86 to 307.92 of the | 1953 |
Revised Code. | 1954 |
(8) Expenses incurred by an adult victim in relocating away | 1991 |
from the defendant, including, but not limited to, deposits for | 1992 |
utilities and telephone service, deposits for rental housing, | 1993 |
temporary lodging, food expenses, clothing, and personal items. | 1994 |
Expenses incurred pursuant to this division shall be verified by a | 1995 |
law enforcement agency to be necessary for the personal safety of | 1996 |
the victim or by a mental health treatment provider to be | 1997 |
necessary for the emotional well-being of the victim. | 1998 |
(C) The offender shall promptly pay restitution to the victim | 1999 |
upon the conviction of the offender, with the proceeds from | 2000 |
property forfeited pursuant to division (D) of section 2905.32 and | 2001 |
Chapter 2981. of the Revised Code applied first to the payment of | 2002 |
restitution notwithstanding any provision in that chapter to the | 2003 |
contrary. The return of the victim to the victim's home country or | 2004 |
other absence of the victim from the jurisdiction shall not | 2005 |
prevent the victim from receiving restitution. | 2006 |
Sec. 2930.21. A law enforcement agency shall take all steps | 2010 |
necessary to identify victims of violations of section 2905.32 of | 2011 |
the Revised Code, including interviewing all persons charged with | 2012 |
a violation of section 2907.25 of the Revised Code. A law | 2013 |
enforcement agency that identifies a victim of a violation of | 2014 |
section 2905.32 of the Revised Code shall provide reasonable | 2015 |
protection to the victim to prevent recapture of the victim by the | 2016 |
person who committed the violation or the associates of that | 2017 |
person, secure the victim and the victim's family from threats, | 2018 |
reprisals, or intimidation by the person who committed the | 2019 |
violation or the associates of that person, and ensure that the | 2020 |
victim has an opportunity to consult with a victim advocate or | 2021 |
other appropriate person to develop a safety plan for the victim. | 2022 |
Sec. 2930.22. (A) Within one hundred eighty days of the | 2023 |
effective date of this section, the attorney general, in | 2024 |
consultation with the directors of the departments of job and | 2025 |
family services, health, and mental health and the state public | 2026 |
defender, or their designees, shall develop a plan for the | 2027 |
provision of appropriate services for victims of violations of | 2028 |
section 2905.32 of the Revised Code and dependent children | 2029 |
accompanying the victims, including, but not limited to, the | 2030 |
following: | 2031 |
Section 3. (A) There is hereby created the Ohio Prevention | 2094 |
of Trafficking in Persons Task Force, consisting of eleven members | 2095 |
to be appointed by the Governor. The task force shall develop and | 2096 |
implement a plan for the prevention of trafficking in persons. The | 2097 |
task force shall study all aspects of trafficking, including, but | 2098 |
not limited to, sex trafficking and labor trafficking of citizens | 2099 |
of the United States and citizens of foreign countries. | 2100 |
(4) Review the existing services and facilities that aid | 2126 |
victims of trafficking in persons and recommend a system that | 2127 |
would coordinate those services, including, but not limited to, | 2128 |
health services, housing, education and job training, English as a | 2129 |
second language courses, interpreting services, legal and | 2130 |
immigration services, and victim compensation; | 2131 |
Section 4. Section 2317.02 of the Revised Code is presented | 2145 |
in
this act as a composite of the section as amended by both Sub. | 2146 |
H.B. 144, Sub. S.B. 8, and Am. Sub. S.B. 17 of
the 126th General | 2147 |
Assembly. The General Assembly, applying the
principle stated in | 2148 |
division (B) of section 1.52 of the Revised
Code that amendments | 2149 |
are to be harmonized if reasonably capable of
simultaneous | 2150 |
operation, finds that the composite is the resulting
version of | 2151 |
the section in effect prior to the effective date of
the section | 2152 |
as presented in this act. | 2153 |