As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 247

Representative Butler 

Cosponsors: Representatives Adams, R., Beck, Grossman, Henne, Huffman, Letson, Murray, Stebelton 

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A BILL

To amend sections 181.25, 2947.23, 2949.091, and

1

2953.08 and to enact sections 1901.263, 1905.38,

2

1907.25, 1925.151, 2101.165, 2151.542, 2303.23,

3

2501.161, and 2503.18 of the Revised Code to

4

authorize a court to cancel claims for

5

uncollectible amounts due the court, to authorize

6

a sentencing court to waive, suspend, or modify

7

payment of the costs of prosecution, to define

8

"case" in connection with the imposition of costs

9

in a criminal case, and to abolish the Felony

10

Sentence Appeal Cost Oversight Committee.

11

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

Section 1. That sections 181.25, 2947.23, 2949.091, and	12
2953.08 be amended and sections 1901.263, 1905.38, 1907.25,	13
1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of	14
the Revised Code be enacted to read as follows:	15

Sec. 181.25.  (A) If the comprehensive criminal sentencing	16
structure that it recommends to the general assembly pursuant to	17
section 181.24 of the Revised Code or any aspects of that	18
sentencing structure are enacted into law, the state criminal	19
sentencing commission shall do all of the following:	20

(1) Assist the general assembly in the implementation of	21
those aspects of the sentencing structure that are enacted into	22
law;	23

(2) Monitor the operation of the aspects of the sentencing	24
structure that are enacted into law and report to the general	25
assembly no later than January 1, 1997, and biennially thereafter,	26
on all of the following matters:	27

(a) The impact of the sentencing structure in effect on and	28
after July 1, 1996, on political subdivisions and other relevant	29
aspects of local government in this state, including all of the	30
following information:	31

(i) The number and type of offenders who were being	32
imprisoned in a state correctional institution under the law in	33
effect prior to July 1, 1996, but who are being punished under a	34
community control sanction, as defined in section 2929.01 of the	35
Revised Code, under the law in effect on and after July 1, 1996;	36

(ii) The fiscal and other impact of the law in effect on and	37
after July 1, 1996, on political subdivisions and other relevant	38
aspects of local government in this state, including law	39
enforcement agencies, the court system, prosecutors, as defined in	40
section 2935.01 of the Revised Code, the public defender and	41
assigned counsel system, jails and workhouses, probation	42
departments, the drug and alcohol abuse intervention and treatment	43
system, and the mental health intervention and treatment system.	44

(b) The impact of the sentencing structure in effect on and	45
after July 1, 1996, on the population of state correctional	46
institutions, including information regarding the number and types	47
of offenders who are being imprisoned under the law in effect on	48
and after July 1, 1996, and the amount of space in state	49
correctional institutions that is necessary to house those	50
offenders;	51

(c) The impact of the sentencing structure and the sentence	52
appeal provisions in effect on and after July 1, 1996, on the	53
appellate courts of this state, including information regarding	54
the number of sentence-based appeals, the cost of reviewing	55
appeals of that nature, whether a special court should be created	56
to review sentences, and whether changes should be made to ensure	57
that sentence-based appeals are conducted expeditiously.	58

(3) Review all bills that are introduced in the general	59
assembly that provide for new criminal offenses or that change the	60
penalty for any criminal offense, determine if those bills are	61
consistent with the sentencing policy adopted under division (B)	62
of section 181.23 of the Revised Code, determine the impact of	63
those bills upon the correctional resources of the state, and	64
recommend to the general assembly any necessary amendments to	65
those bills. When the commission recommends any amendment for a	66
bill before the general assembly, it shall do so in a manner that	67
is consistent with the requirements of section 181.24 of the	68
Revised Code.	69

(4) Study criminal sentencing structures in this state, other	70
states, and the federal government, recommend necessary changes to	71
the sentencing structure of the state, and determine the costs and	72
effects of any proposed changes in the sentencing structure of the	73
state;	74

(5) Collect and maintain data that pertains to the cost to	75
counties of the felony sentence appeal provisions set forth in	76
section 2953.08 of the Revised Code, of the postconviction relief	77
proceeding provisions set forth in division (A)(2) of section	78
2953.21 of the Revised Code, and of appeals from judgments entered	79
in such postconviction relief proceedings. The data so collected	80
and maintained shall include, but shall not be limited to, the	81
increase in expenses that counties experience as a result of those	82
provisions and those appeals and the number of felony sentence	83
appeals made, postconviction relief proceedings filed, and appeals	84
of postconviction relief proceeding judgments made in each county	85
under those provisions. The commission periodically shall provide	86
to the felony sentence appeal cost oversight committee, in	87
accordance with division (I) of section 2953.08 of the Revised	88
Code, all data the commission collects pursuant to this division.	89

(B) In addition to its duties set forth in section 181.24 of	90
the Revised Code and division (A) of this section, the state	91
criminal sentencing commission shall review all forfeiture	92
statutes in Titles XXIX and XLV of the Revised Code and, not later	93
than July 1, 2002, recommend to the general assembly any necessary	94
changes to those statutes.	95

Sec. 1901.263. If at any time more than five years from the	96
date that an amount owing to the court was due the court finds	97
that the amount is uncollectible, in whole or in part, the court	98
may direct the clerk of the court to cancel all or part of the	99
claim. The clerk shall then effect the cancellation.	100

Sec. 1905.38. If at any time more than five years from the	101
date that an amount owing to the court was due the court finds	102
that the amount is uncollectible, in whole or in part, the court	103
may direct the clerk of the court to cancel all or part of the	104
claim. The clerk shall then effect the cancellation.	105

Sec. 1907.25. If at any time more than five years from the	106
date that an amount owing to the court was due the court finds	107
that the amount is uncollectible, in whole or in part, the court	108
may direct the clerk of the court to cancel all or part of the	109
claim. The clerk shall then effect the cancellation.	110

Sec. 1925.151. If at any time more than five years from the	111
date that an amount owing to the court was due the court finds	112
that the amount is uncollectible, in whole or in part, the court	113
may direct the clerk of the court to cancel all or part of the	114
claim. The clerk shall then effect the cancellation.	115

Sec. 2101.165. If at any time more than five years from the	116
date that an amount owing to the court was due the court finds	117
that the amount is uncollectible, in whole or in part, the court	118
may direct the clerk of the court to cancel all or part of the	119
claim. The clerk shall then effect the cancellation.	120

Sec. 2151.542. If at any time more than five years from the	121
date that an amount owing to the court was due the court finds	122
that the amount is uncollectible, in whole or in part, the court	123
may direct the clerk of the court to cancel all or part of the	124
claim. The clerk shall then effect the cancellation.	125

Sec. 2303.23. If at any time more than five years from the	126
date that an amount owing to the court was due the court finds	127
that the amount is uncollectible, in whole or in part, the court	128
may direct the clerk of the court to cancel all or part of the	129
claim. The clerk shall then effect the cancellation.	130

Sec. 2501.161. If at any time more than five years from the	131
date that an amount owing to the court was due the court finds	132
that the amount is uncollectible, in whole or in part, the court	133
may direct the clerk of the court to cancel all or part of the	134
claim. The clerk shall then effect the cancellation.	135

Sec. 2503.18. If at any time more than five years from the	136
date that an amount owing to the court was due the court finds	137
that the amount is uncollectible, in whole or in part, the court	138
may direct the clerk of the court to cancel all or part of the	139
claim. The clerk shall then effect the cancellation.	140

Sec. 2947.23.  (A)(1) In all criminal cases, including	141
violations of ordinances, the judge or magistrate shall include in	142
the sentence the costs of prosecution, including any costs under	143
section 2947.231 of the Revised Code, and render a judgment	144
against the defendant for such costs. At the time the judge or	145
magistrate imposes sentence, the judge or magistrate shall notify	146
the defendant of both of the following:	147

(a) If the defendant fails to pay that judgment or fails to	148
timely make payments towards that judgment under a payment	149
schedule approved by the court, the court may order the defendant	150
to perform community service in an amount of not more than forty	151
hours per month until the judgment is paid or until the court is	152
satisfied that the defendant is in compliance with the approved	153
payment schedule.	154

(b) If the court orders the defendant to perform the	155
community service, the defendant will receive credit upon the	156
judgment at the specified hourly credit rate per hour of community	157
service performed, and each hour of community service performed	158
will reduce the judgment by that amount.	159

(2) The following shall apply in all criminal cases:

160

(a) If a jury has been sworn at the trial of a case, the fees	161
of the jurors shall be included in the costs, which shall be paid	162
to the public treasury from which the jurors were paid.	163

(b) If a jury has not been sworn at the trial of a case	164
because of a defendant's failure to appear without good cause, the	165
costs incurred in summoning jurors for that particular trial may	166
be included in the costs of prosecution. If the costs incurred in	167
summoning jurors are assessed against the defendant, those costs	168
shall be paid to the public treasury from which the jurors were	169
paid.	170

(B) If a judge or magistrate has reason to believe that a	171
defendant has failed to pay the judgment described in division (A)	172
of this section or has failed to timely make payments towards that	173
judgment under a payment schedule approved by the judge or	174
magistrate, the judge or magistrate shall hold a hearing to	175
determine whether to order the offender to perform community	176
service for that failure. The judge or magistrate shall notify	177
both the defendant and the prosecuting attorney of the place,	178
time, and date of the hearing and shall give each an opportunity	179
to present evidence. If, after the hearing, the judge or	180
magistrate determines that the defendant has failed to pay the	181
judgment or to timely make payments under the payment schedule and	182
that imposition of community service for the failure is	183
appropriate, the judge or magistrate may order the offender to	184
perform community service in an amount of not more than forty	185
hours per month until the judgment is paid or until the judge or	186
magistrate is satisfied that the offender is in compliance with	187
the approved payment schedule. If the judge or magistrate orders	188
the defendant to perform community service under this division,	189
the defendant shall receive credit upon the judgment at the	190
specified hourly credit rate per hour of community service	191
performed, and each hour of community service performed shall	192
reduce the judgment by that amount. Except for the credit and	193
reduction provided in this division, ordering an offender to	194
perform community service under this division does not lessen the	195
amount of the judgment and does not preclude the state from taking	196
any other action to execute the judgment.	197

(C) The court retains jurisdiction to waive, suspend, or	198
modify the payment of the costs of prosecution, including any	199
costs under section 2947.231 of the Revised Code, at the time of	200
sentencing or at any time thereafter.	201

(D) As used in this section, "specified:

202

(1) "Case" means a prosecution of all the charges that result	203
from the same act, transaction, or series of acts or transactions	204
and that are given the same case type designator and case number	205
under Rule 43 of the Rules of Superintendence for the Courts of	206
Ohio or any successor to that rule.	207

(2) "Specified hourly credit rate" means the wage rate that	208
is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor	209
Standards Act of 1938, that then is in effect, and that an	210
employer subject to that provision must pay per hour to each of	211
the employer's employees who is subject to that provision.	212

Sec. 2949.091.  (A)(1)(a) The court in which any person is	213
convicted of or pleads guilty to any offense shall impose one of	214
the following sums as costs in the case in addition to any other	215
court costs that the court is required by law to impose upon the	216
offender:	217

(i) Thirty dollars if the offense is a felony;

218

(ii) Twenty dollars if the offense is a misdemeanor other	219
than a traffic offense that is not a moving violation;	220

(iii) Ten dollars if the offense is a traffic offense that is	221
not a moving violation, excluding parking violations.	222

(b) All moneys collected pursuant to division (A)(1)(a) of	223
this section during a month shall be transmitted on or before the	224
twentieth day of the following month by the clerk of the court to	225
the treasurer of state and deposited by the treasurer of state to	226
the credit of the indigent defense support fund established under	227
section 120.08 of the Revised Code. The court shall not waive the	228
payment of the additional thirty-, twenty-, or ten-dollar court	229
costs, unless the court determines that the offender is indigent	230
and waives the payment of all court costs imposed upon the	231
indigent offender.	232

(2)(a) The juvenile court in which a child is found to be a	233
delinquent child or a juvenile traffic offender for an act that,	234
if committed by an adult, would be an offense, shall impose one of	235
the following sums as costs in the case in addition to any other	236
court costs that the court is required or permitted by law to	237
impose upon the delinquent child or juvenile traffic offender:	238

(i) Thirty dollars if the offense is a felony;

239

(ii) Twenty dollars if the offense is a misdemeanor other	240
than a traffic offense that is not a moving violation;	241

(iii) Ten dollars if the offense is a traffic offense that is	242
not a moving violation, excluding parking violations.	243

(b) All moneys collected pursuant to division (A)(2)(a) of	244
this section during a month shall be transmitted on or before the	245
twentieth day of the following month by the clerk of the court to	246
the treasurer of state and deposited by the treasurer of state to	247
the credit of the indigent defense support fund established under	248
section 120.08 of the Revised Code. The thirty-, twenty-, or	249
ten-dollar court costs shall be collected in all cases unless the	250
court determines the juvenile is indigent and waives the payment	251
of all court costs, or enters an order on its journal stating that	252
it has determined that the juvenile is indigent, that no other	253
court costs are to be taxed in the case, and that the payment of	254
the thirty-, twenty-, or ten-dollar court costs is waived.	255

(B) Whenever a person is charged with any offense described	256
in division (A)(1) of this section, the court shall add to the	257
amount of the bail the thirty, twenty, or ten dollars required to	258
be paid by division (A)(1) of this section. The thirty, twenty, or	259
ten dollars shall be retained by the clerk of the court until the	260
person is convicted, pleads guilty, forfeits bail, is found not	261
guilty, or has the charges dismissed. If the person is convicted,	262
pleads guilty, or forfeits bail, the clerk shall transmit the	263
thirty, twenty, or ten dollars on or before the twentieth day of	264
the month following the month in which the person was convicted,	265
pleaded guilty, or forfeited bail to the treasurer of state, who	266
shall deposit it to the credit of the indigent defense support	267
fund established under section 120.08 of the Revised Code. If the	268
person is found not guilty or the charges are dismissed, the clerk	269
shall return the thirty, twenty, or ten dollars to the person.	270

(C) No person shall be placed or held in a detention facility	271
for failing to pay the additional thirty-, twenty-, or ten-dollar	272
court costs or bail that are required to be paid by this section.	273

(D) As used in this section:

274

(1) "Moving violation" and "bail" have the same meanings as	275
in section 2743.70 of the Revised Code.	276

(2) "Detention facility" has the same meaning as in section	277
2921.01 of the Revised Code.	278

(3) "Case" has the same meaning as in section 2947.23 of the	279
Revised Code.	280

Sec. 2953.08.  (A) In addition to any other right to appeal	281
and except as provided in division (D) of this section, a	282
defendant who is convicted of or pleads guilty to a felony may	283
appeal as a matter of right the sentence imposed upon the	284
defendant on one of the following grounds:	285

(1) The sentence consisted of or included the maximum prison	286
term allowed for the offense by division (A) of section 2929.14 or	287
section 2929.142 of the Revised Code, the sentence was not imposed	288
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	289
Code, the maximum prison term was not required for the offense	290
pursuant to Chapter 2925. or any other provision of the Revised	291
Code, and the court imposed the sentence under one of the	292
following circumstances:	293

(a) The sentence was imposed for only one offense.

294

(b) The sentence was imposed for two or more offenses arising	295
out of a single incident, and the court imposed the maximum prison	296
term for the offense of the highest degree.	297

(2) The sentence consisted of or included a prison term, the	298
offense for which it was imposed is a felony of the fourth or	299
fifth degree or is a felony drug offense that is a violation of a	300
provision of Chapter 2925. of the Revised Code and that is	301
specified as being subject to division (B) of section 2929.13 of	302
the Revised Code for purposes of sentencing, and the court did not	303
specify at sentencing that it found one or more factors specified	304
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	305
Code to apply relative to the defendant. If the court specifies	306
that it found one or more of those factors to apply relative to	307
the defendant, the defendant is not entitled under this division	308
to appeal as a matter of right the sentence imposed upon the	309
offender.	310

(3) The person was convicted of or pleaded guilty to a	311
violent sex offense or a designated homicide, assault, or	312
kidnapping offense, was adjudicated a sexually violent predator in	313
relation to that offense, and was sentenced pursuant to division	314
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	315
of the indefinite term imposed pursuant to division (A)(3) of	316
section 2971.03 of the Revised Code is the longest term available	317
for the offense from among the range of terms listed in section	318
2929.14 of the Revised Code. As used in this division, "designated	319
homicide, assault, or kidnapping offense" and "violent sex	320
offense" have the same meanings as in section 2971.01 of the	321
Revised Code. As used in this division, "adjudicated a sexually	322
violent predator" has the same meaning as in section 2929.01 of	323
the Revised Code, and a person is "adjudicated a sexually violent	324
predator" in the same manner and the same circumstances as are	325
described in that section.	326

(4) The sentence is contrary to law.

327

(5) The sentence consisted of an additional prison term of	328
ten years imposed pursuant to division (D)(2)(a) of section	329
2929.14 of the Revised Code.	330

(6) The sentence consisted of an additional prison term of	331
ten years imposed pursuant to division (D)(3)(b) of section	332
2929.14 of the Revised Code.	333

(B) In addition to any other right to appeal and except as	334
provided in division (D) of this section, a prosecuting attorney,	335
a city director of law, village solicitor, or similar chief legal	336
officer of a municipal corporation, or the attorney general, if	337
one of those persons prosecuted the case, may appeal as a matter	338
of right a sentence imposed upon a defendant who is convicted of	339
or pleads guilty to a felony or, in the circumstances described in	340
division (B)(3) of this section the modification of a sentence	341
imposed upon such a defendant, on any of the following grounds:	342

(1) The sentence did not include a prison term despite a	343
presumption favoring a prison term for the offense for which it	344
was imposed, as set forth in section 2929.13 or Chapter 2925. of	345
the Revised Code.	346

(2) The sentence is contrary to law.

347

(3) The sentence is a modification under section 2929.20 of	348
the Revised Code of a sentence that was imposed for a felony of	349
the first or second degree.	350

(C)(1) In addition to the right to appeal a sentence granted	351
under division (A) or (B) of this section, a defendant who is	352
convicted of or pleads guilty to a felony may seek leave to appeal	353
a sentence imposed upon the defendant on the basis that the	354
sentencing judge has imposed consecutive sentences under division	355
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	356
consecutive sentences exceed the maximum prison term allowed by	357
division (A) of that section for the most serious offense of which	358
the defendant was convicted. Upon the filing of a motion under	359
this division, the court of appeals may grant leave to appeal the	360
sentence if the court determines that the allegation included as	361
the basis of the motion is true.	362

(2) A defendant may seek leave to appeal an additional	363
sentence imposed upon the defendant pursuant to division (D)(2)(a)	364
or (b) of section 2929.14 of the Revised Code if the additional	365
sentence is for a definite prison term that is longer than five	366
years.	367

(D)(1) A sentence imposed upon a defendant is not subject to	368
review under this section if the sentence is authorized by law,	369
has been recommended jointly by the defendant and the prosecution	370
in the case, and is imposed by a sentencing judge.	371

(2) Except as provided in division (C)(2) of this section, a	372
sentence imposed upon a defendant is not subject to review under	373
this section if the sentence is imposed pursuant to division	374
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	375
otherwise provided in this division, a defendant retains all	376
rights to appeal as provided under this chapter or any other	377
provision of the Revised Code. A defendant has the right to appeal	378
under this chapter or any other provision of the Revised Code the	379
court's application of division (D)(2)(c) of section 2929.14 of	380
the Revised Code.	381

(3) A sentence imposed for aggravated murder or murder	382
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	383
subject to review under this section.	384

(E) A defendant, prosecuting attorney, city director of law,	385
village solicitor, or chief municipal legal officer shall file an	386
appeal of a sentence under this section to a court of appeals	387
within the time limits specified in Rule 4(B) of the Rules of	388
Appellate Procedure, provided that if the appeal is pursuant to	389
division (B)(3) of this section, the time limits specified in that	390
rule shall not commence running until the court grants the motion	391
that makes the sentence modification in question. A sentence	392
appeal under this section shall be consolidated with any other	393
appeal in the case. If no other appeal is filed, the court of	394
appeals may review only the portions of the trial record that	395
pertain to sentencing.	396

(F) On the appeal of a sentence under this section, the	397
record to be reviewed shall include all of the following, as	398
applicable:	399

(1) Any presentence, psychiatric, or other investigative	400
report that was submitted to the court in writing before the	401
sentence was imposed. An appellate court that reviews a	402
presentence investigation report prepared pursuant to section	403
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	404
connection with the appeal of a sentence under this section shall	405
comply with division (D)(3) of section 2951.03 of the Revised Code	406
when the appellate court is not using the presentence	407
investigation report, and the appellate court's use of a	408
presentence investigation report of that nature in connection with	409
the appeal of a sentence under this section does not affect the	410
otherwise confidential character of the contents of that report as	411
described in division (D)(1) of section 2951.03 of the Revised	412
Code and does not cause that report to become a public record, as	413
defined in section 149.43 of the Revised Code, following the	414
appellate court's use of the report.	415

(2) The trial record in the case in which the sentence was	416
imposed;	417

(3) Any oral or written statements made to or by the court at	418
the sentencing hearing at which the sentence was imposed;	419

(4) Any written findings that the court was required to make	420
in connection with the modification of the sentence pursuant to a	421
judicial release under division (I) of section 2929.20 of the	422
Revised Code.	423

(G)(1) If the sentencing court was required to make the	424
findings required by division (B) or (D) of section 2929.13,	425
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I)	426
of section 2929.20 of the Revised Code relative to the imposition	427
or modification of the sentence, and if the sentencing court	428
failed to state the required findings on the record, the court	429
hearing an appeal under division (A), (B), or (C) of this section	430
shall remand the case to the sentencing court and instruct the	431
sentencing court to state, on the record, the required findings.	432

(2) The court hearing an appeal under division (A), (B), or	433
(C) of this section shall review the record, including the	434
findings underlying the sentence or modification given by the	435
sentencing court.	436

The appellate court may increase, reduce, or otherwise modify	437
a sentence that is appealed under this section or may vacate the	438
sentence and remand the matter to the sentencing court for	439
resentencing. The appellate court's standard for review is not	440
whether the sentencing court abused its discretion. The appellate	441
court may take any action authorized by this division if it	442
clearly and convincingly finds either of the following:	443

(a) That the record does not support the sentencing court's	444
findings under division (B) or (D) of section 2929.13, division	445
(D)(2)(e) or (E)(4) of section 2929.14, or division (I) of section	446
2929.20 of the Revised Code, whichever, if any, is relevant;	447

(b) That the sentence is otherwise contrary to law.

448

(H) A judgment or final order of a court of appeals under	449
this section may be appealed, by leave of court, to the supreme	450
court.	451

(I)(1) There is hereby established the felony sentence appeal	452
cost oversight committee, consisting of eight members. One member	453
shall be the chief justice of the supreme court or a	454
representative of the court designated by the chief justice, one	455
member shall be a member of the senate appointed by the president	456
of the senate, one member shall be a member of the house of	457
representatives appointed by the speaker of the house of	458
representatives, one member shall be the director of budget and	459
management or a representative of the office of budget and	460
management designated by the director, one member shall be a judge	461
of a court of appeals, court of common pleas, municipal court, or	462
county court appointed by the chief justice of the supreme court,	463
one member shall be the state public defender or a representative	464
of the office of the state public defender designated by the state	465
public defender, one member shall be a prosecuting attorney	466
appointed by the Ohio prosecuting attorneys association, and one	467
member shall be a county commissioner appointed by the county	468
commissioners association of Ohio. No more than three of the	469
appointed members of the committee may be members of the same	470
political party.	471

The president of the senate, the speaker of the house of	472
representatives, the chief justice of the supreme court, the Ohio	473
prosecuting attorneys association, and the county commissioners	474
association of Ohio shall make the initial appointments to the	475
committee of the appointed members no later than ninety days after	476
July 1, 1996. Of those initial appointments to the committee, the	477
members appointed by the speaker of the house of representatives	478
and the Ohio prosecuting attorneys association shall serve a term	479
ending two years after July 1, 1996, the member appointed by the	480
chief justice of the supreme court shall serve a term ending three	481
years after July 1, 1996, and the members appointed by the	482
president of the senate and the county commissioners association	483
of Ohio shall serve terms ending four years after July 1, 1996.	484
Thereafter, terms of office of the appointed members shall be for	485
four years, with each term ending on the same day of the same	486
month as did the term that it succeeds. Members may be	487
reappointed. Vacancies shall be filled in the same manner provided	488
for original appointments. A member appointed to fill a vacancy	489
occurring prior to the expiration of the term for which that	490
member's predecessor was appointed shall hold office as a member	491
for the remainder of the predecessor's term. An appointed member	492
shall continue in office subsequent to the expiration date of that	493
member's term until that member's successor takes office or until	494
a period of sixty days has elapsed, whichever occurs first.	495

If the chief justice of the supreme court, the director of	496
the office of budget and management, or the state public defender	497
serves as a member of the committee, that person's term of office	498
as a member shall continue for as long as that person holds office	499
as chief justice, director of the office of budget and management,	500
or state public defender. If the chief justice of the supreme	501
court designates a representative of the court to serve as a	502
member, the director of budget and management designates a	503
representative of the office of budget and management to serve as	504
a member, or the state public defender designates a representative	505
of the office of the state public defender to serve as a member,	506
the person so designated shall serve as a member of the commission	507
for as long as the official who made the designation holds office	508
as chief justice, director of the office of budget and management,	509
or state public defender or until that official revokes the	510
designation.	511

The chief justice of the supreme court or the representative	512
of the supreme court appointed by the chief justice shall serve as	513
chairperson of the committee. The committee shall meet within two	514
weeks after all appointed members have been appointed and shall	515
organize as necessary. Thereafter, the committee shall meet at	516
least once every six months or more often upon the call of the	517
chairperson or the written request of three or more members,	518
provided that the committee shall not meet unless moneys have been	519
appropriated to the judiciary budget administered by the supreme	520
court specifically for the purpose of providing financial	521
assistance to counties under division (I)(2) of this section and	522
the moneys so appropriated then are available for that purpose.	523

The members of the committee shall serve without	524
compensation, but, if moneys have been appropriated to the	525
judiciary budget administered by the supreme court specifically	526
for the purpose of providing financial assistance to counties	527
under division (I)(2) of this section, each member shall be	528
reimbursed out of the moneys so appropriated that then are	529
available for actual and necessary expenses incurred in the	530
performance of official duties as a committee member.	531

(2) The state criminal sentencing commission periodically	532
shall provide to the felony sentence appeal cost oversight	533
committee all data the commission collects pursuant to division	534
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	535
data from the state criminal sentencing commission, the felony	536
sentence appeal cost oversight committee periodically shall review	537
the data; determine whether any money has been appropriated to the	538
judiciary budget administered by the supreme court specifically	539
for the purpose of providing state financial assistance to	540
counties in accordance with this division for the increase in	541
expenses the counties experience as a result of the felony	542
sentence appeal provisions set forth in this section or as a	543
result of a postconviction relief proceeding brought under	544
division (A)(2) of section 2953.21 of the Revised Code or an	545
appeal of a judgment in that proceeding; if it determines that any	546
money has been so appropriated, determine the total amount of	547
moneys that have been so appropriated specifically for that	548
purpose and that then are available for that purpose; and develop	549
a recommended method of distributing those moneys to the counties.	550
The committee shall send a copy of its recommendation to the	551
supreme court. Upon receipt of the committee's recommendation, the	552
supreme court shall distribute to the counties, based upon that	553
recommendation, the moneys that have been so appropriated	554
specifically for the purpose of providing state financial	555
assistance to counties under this division and that then are	556
available for that purpose.	557

Section 2. That existing sections 181.25, 2947.23, 2949.091,	558
and 2953.08 of the Revised Code are hereby repealed.	559