Section 1. That sections 181.25, 1337.28, 1705.081, 2111.121, | 36 |
2151.85, 2947.23, 2949.091, 2953.08, 5322.01, 5322.02, 5322.03, | 37 |
and 5809.031 be amended and sections 1901.263, 1905.38, 1907.25, | 38 |
1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of | 39 |
the Revised Code be enacted to read as follows: | 40 |
(ii) The fiscal and other impact of the law in effect on and | 62 |
after July 1, 1996, on political subdivisions and other relevant | 63 |
aspects of local government in this state, including law | 64 |
enforcement agencies, the court system, prosecutors, as defined in | 65 |
section 2935.01 of the Revised Code, the public defender and | 66 |
assigned counsel system, jails and workhouses, probation | 67 |
departments, the drug and alcohol abuse intervention and treatment | 68 |
system, and the mental health intervention and treatment system. | 69 |
(b) The impact of the sentencing structure in effect on and | 70 |
after July 1, 1996, on the population of state correctional | 71 |
institutions, including information regarding the number and types | 72 |
of offenders who are being imprisoned under the law in effect on | 73 |
and after July 1, 1996, and the amount of space in state | 74 |
correctional institutions that is necessary to house those | 75 |
offenders; | 76 |
(c) The impact of the sentencing structure and the sentence | 77 |
appeal provisions in effect on and after July 1, 1996, on the | 78 |
appellate courts of this state, including information regarding | 79 |
the number of sentence-based appeals, the cost of reviewing | 80 |
appeals of that nature, whether a special court should be created | 81 |
to review sentences, and whether changes should be made to ensure | 82 |
that sentence-based appeals are conducted expeditiously. | 83 |
(3) Review all bills that are introduced in the general | 84 |
assembly that provide for new criminal offenses or that change the | 85 |
penalty for any criminal offense, determine if those bills are | 86 |
consistent with the sentencing policy adopted under division (B) | 87 |
of section 181.23 of the Revised Code, determine the impact of | 88 |
those bills upon the correctional resources of the state, and | 89 |
recommend to the general assembly any necessary amendments to | 90 |
those bills. When the commission recommends any amendment for a | 91 |
bill before the general assembly, it shall do so in a manner that | 92 |
is consistent with the requirements of section 181.24 of the | 93 |
Revised Code. | 94 |
(5) Collect and maintain data that pertains to the cost to | 100 |
counties of the felony sentence appeal provisions set forth in | 101 |
section 2953.08 of the Revised Code, of the postconviction relief | 102 |
proceeding provisions set forth in division (A)(2) of section | 103 |
2953.21 of the Revised Code, and of appeals from judgments entered | 104 |
in such postconviction relief proceedings. The data so collected | 105 |
and maintained shall include, but shall not be limited to, the | 106 |
increase in expenses that counties experience as a result of those | 107 |
provisions and those appeals and the number of felony sentence | 108 |
appeals made, postconviction relief proceedings filed, and appeals | 109 |
of postconviction relief proceeding judgments made in each county | 110 |
under those provisions. The commission periodically shall provide | 111 |
to the felony sentence appeal cost oversight committee, in | 112 |
accordance with division (I) of section 2953.08 of the Revised | 113 |
Code, all data the commission collects pursuant to this division. | 114 |
Sec. 1337.28. (A) In a power of attorney, a principal may | 121 |
nominate a guardian of the principal's person, estate, or both and | 122 |
may nominate a guardian of the person, the estate, or both of one | 123 |
or more of the principal's minor children or incompetent adult | 124 |
children, whether born at the time of the execution of the power | 125 |
of attorney or afterward. The nomination is for consideration by a | 126 |
court if proceedings for the appointment of a guardian for the | 127 |
principal's person, estate, or both or if proceedings for the | 128 |
appointment of a guardian of the person, the estate, or both of | 129 |
one or more of the principal's minor children or incompetent adult | 130 |
children are commenced at a later time. The principal may | 131 |
authorize the person nominated as guardian or the agent to | 132 |
nominate a successor guardian for consideration by a court. Except | 133 |
for good cause shown or disqualification, the court shall make its | 134 |
appointment in accordance with the principal's most recent | 135 |
nomination. Nomination of a person as a guardian or successor | 136 |
guardian of the person, the estate, or both of one or more of the | 137 |
principal's minor children or incompetent adult children under | 138 |
this division, and any subsequent appointment of the guardian or | 139 |
successor guardian as guardian under section 2111.02 of the | 140 |
Revised Code, does not vacate the jurisdiction of any other court | 141 |
that previously may have exercised jurisdiction over the person of | 142 |
the minor or incompetent adult child. | 143 |
(C) If, after a principal executes a power of attorney, a | 146 |
court appoints a guardian of the principal's estate or other | 147 |
fiduciary charged with the management of some or all of the | 148 |
principal's property, the agent is accountable to the fiduciary as | 149 |
well as to the principal. The power of attorney is not terminated | 150 |
and the agent's authority continues unless limited, suspended, or | 151 |
terminated by the court after notice to the agent and upon a | 152 |
finding that the limitation, suspension, or termination would be | 153 |
in the best interest of the principal. | 154 |
Sec. 1705.081. (A) Except as otherwise provided in division | 163 |
(B) of this section, an operating agreement governs relations | 164 |
among members and between members, any managers, and the limited | 165 |
liability company. A limited liability company is bound by the | 166 |
operating agreement of its member or members whether or not the | 167 |
limited liability company executes the operating agreement. To the | 168 |
extent the operating agreement does not otherwise provide, this | 169 |
chapter governs relations among the members and between the | 170 |
members, any managers, and the limited liability company. | 171 |
(3) Eliminate the duty of loyalty under division (C) of | 177 |
section 1705.161 of the Revised Code or division (B) of section | 178 |
1705.281 of the Revised Code, but the operating agreement may | 179 |
identify specific types or categories of activities that do not | 180 |
violate the duty of loyalty if not manifestly unreasonable, and | 181 |
all of the members or a number or percentage of members specified | 182 |
in the operating agreement may authorize or ratify, after full | 183 |
disclosure of all material facts, a specific act or transaction | 184 |
that otherwise would violate the duty of loyalty; | 185 |
Sec. 2111.121. (A) A person may nominate in a writing, as | 226 |
described in this division, another person to be the guardian of | 227 |
the nominator's person, estate, or both or the guardian of the | 228 |
person, the estate, or both, of one or more of the nominator's | 229 |
minor or incompetent adult children, whether born at the time of | 230 |
the execution of the writing or afterward, subject to notice and a | 231 |
hearing pursuant to section 2111.02 of the Revised Code. The | 232 |
nomination is for consideration by a court if proceedings for the | 233 |
appointment of a guardian of the person, the estate, or both, for | 234 |
the person making the nomination or if proceedings for the | 235 |
appointment of a guardian as the guardian of the person, the | 236 |
estate, or both of one or more of the nominator's minor or | 237 |
incompetent adult children are commenced at a later time. The | 238 |
person may authorize, in a writing of that nature, the person | 239 |
nominated as guardian to nominate a successor guardian for | 240 |
consideration by a court. The person also may direct, in a writing | 241 |
of that nature, that bond be waived for a person nominated as | 242 |
guardian in it or nominated as a successor guardian in accordance | 243 |
with an authorization in it. | 244 |
(B) If a person has nominated, in a writing as described in | 252 |
division (A) of this section or in a durable power of attorney | 253 |
under section 1337.24 of the Revised Code, another person to be | 254 |
the guardian of the nominator's person, estate, or both, and | 255 |
proceedings for the appointment of a guardian for the person are | 256 |
commenced at a later time, the court involved shall appoint the | 257 |
person nominated as guardian in the writing or durable power of | 258 |
attorney most recently executed if the person nominated is | 259 |
competent, suitable, and willing to accept the appointment. If the | 260 |
writing or durable power of attorney contains a waiver of bond, | 261 |
the court shall waive bond of the person nominated as guardian | 262 |
unless it is of the opinion that the interest of the trust demands | 263 |
it. | 264 |
(C) Nomination of a person as a guardian or successor | 265 |
guardian of the person, the estate, or both of one or more of the | 266 |
nominator's minor or incompetent adult children under division (A) | 267 |
of this section, and any subsequent appointment of the guardian or | 268 |
successor guardian as guardian under section 2111.02 of the | 269 |
Revised Code, does not vacate the jurisdiction of any other court | 270 |
that previously may have exercised jurisdiction over the person of | 271 |
the minor or incompetent adult child. | 272 |
Sec. 2151.85. (A) A woman who is pregnant, unmarried, under | 283 |
eighteen years of age, and unemancipated and who wishes to have an | 284 |
abortion without the notification of her parents, guardian, or | 285 |
custodian may file a complaint in the juvenile court of the county | 286 |
in which she has a residence or legal settlement,or in the | 287 |
juvenile court of any county that borders to any extent the county | 288 |
in which she has a residence or legal settlement, or in the | 289 |
juvenile court of the county in which the hospital, clinic, or | 290 |
other facility in which the abortion would be performed or induced | 291 |
is located, requesting the issuance of an order authorizing her to | 292 |
consent to the performance or inducement of an abortion without | 293 |
the notification of her parents, guardian, or custodian. | 294 |
(B)(1) The court shall fix a time for a hearing on any | 316 |
complaint filed pursuant to division (A) of this section and shall | 317 |
keep a record of all testimony and other oral proceedings in the | 318 |
action. The court shall hear and determine the action and shall | 319 |
not refer any portion of it to a referee. The hearing shall be | 320 |
held at the earliest possible time, but not later than the fifth | 321 |
business day after the day that the complaint is filed. The court | 322 |
shall enter judgment on the complaint immediately after the | 323 |
hearing is concluded. If the hearing required by this division is | 324 |
not held by the fifth business day after the complaint is filed, | 325 |
the failure to hold the hearing shall be considered to be a | 326 |
constructive order of the court authorizing the complainant to | 327 |
consent to the performance or inducement of an abortion without | 328 |
the notification of her parent, guardian, or custodian, and the | 329 |
complainant and any other person may rely on the constructive | 330 |
order to the same extent as if the court actually had issued an | 331 |
order under this section authorizing the complainant to consent to | 332 |
the performance or inducement of an abortion without such | 333 |
notification. | 334 |
(2) The court shall appoint a guardian ad litem to protect | 335 |
the interests of the complainant at the hearing that is held | 336 |
pursuant to this section. If the complainant has not retained an | 337 |
attorney, the court shall appoint an attorney to represent her. If | 338 |
the guardian ad litem is an attorney admitted to the practice of | 339 |
law in this state, the court also may appoint himthe guardian ad | 340 |
litem to serve as the complainant's attorney. | 341 |
(C)(1) If the complainant makes only the allegation set forth | 342 |
in division (A)(4)(a) of this section and if the court finds, by | 343 |
clear and convincing evidence, that the complainant is | 344 |
sufficiently mature and well enough informed to decide | 345 |
intelligently whether to have an abortion, the court shall issue | 346 |
an order authorizing the complainant to consent to the performance | 347 |
or inducement of an abortion without the notification of her | 348 |
parents, guardian, or custodian. If the court does not make the | 349 |
finding specified in this division, it shall dismiss the | 350 |
complaint. | 351 |
(2) If the complainant makes only the allegation set forth in | 352 |
division (A)(4)(b) of this section and if the court finds, by | 353 |
clear and convincing evidence, that there is evidence of a pattern | 354 |
of physical, sexual, or emotional abuse of the complainant by one | 355 |
or both of her parents, her guardian, or her custodian, or that | 356 |
the notification of the parents, guardian, or custodian of the | 357 |
complainant otherwise is not in the best interest of the | 358 |
complainant, the court shall issue an order authorizing the | 359 |
complainant to consent to the performance or inducement of an | 360 |
abortion without the notification of her parents, guardian, or | 361 |
custodian. If the court does not make the finding specified in | 362 |
this division, it shall dismiss the complaint. | 363 |
(a) The court first shall determine whether it can make the | 367 |
finding specified in division (C)(1) of this section and, if so, | 368 |
shall issue an order pursuant to that division. If the court | 369 |
issues such an order, it shall not proceed pursuant to division | 370 |
(C)(3)(b) of this section. If the court does not make the finding | 371 |
specified in division (C)(1) of this section, it shall proceed | 372 |
pursuant to division (C)(3)(b) of this section. | 373 |
(b) If the court pursuant to division (C)(3)(a) of this | 374 |
section does not make the finding specified in division (C)(1) of | 375 |
this section, it shall proceed to determine whether it can make | 376 |
the finding specified in division (C)(2) of this section and, if | 377 |
so, shall issue an order pursuant to that division. If the court | 378 |
does not make the finding specified in division (C)(2) of this | 379 |
section, it shall dismiss the complaint. | 380 |
Sec. 2947.23. (A)(1) In all criminal cases, including | 420 |
violations of ordinances, the judge or magistrate shall include in | 421 |
the sentence the costs of prosecution, including any costs under | 422 |
section 2947.231 of the Revised Code, and render a judgment | 423 |
against the defendant for such costs. At the timeIf the judge or | 424 |
magistrate imposes sentencea community control sanction or other | 425 |
nonresidential sanction, the judge or magistrate, when imposing | 426 |
the sanction, shall notify the defendant of both of the following: | 427 |
(B) If a judge or magistrate has reason to believe that a | 451 |
defendant has failed to pay the judgment described in division (A) | 452 |
of this section or has failed to timely make payments towards that | 453 |
judgment under a payment schedule approved by the judge or | 454 |
magistrate, the judge or magistrate shall hold a hearing to | 455 |
determine whether to order the offender to perform community | 456 |
service for that failure. The judge or magistrate shall notify | 457 |
both the defendant and the prosecuting attorney of the place, | 458 |
time, and date of the hearing and shall give each an opportunity | 459 |
to present evidence. If, after the hearing, the judge or | 460 |
magistrate determines that the defendant has failed to pay the | 461 |
judgment or to timely make payments under the payment schedule and | 462 |
that imposition of community service for the failure is | 463 |
appropriate, the judge or magistrate may order the offender to | 464 |
perform community service in an amount of not more than forty | 465 |
hours per month until the judgment is paid or until the judge or | 466 |
magistrate is satisfied that the offender is in compliance with | 467 |
the approved payment schedule. If the judge or magistrate orders | 468 |
the defendant to perform community service under this division, | 469 |
the defendant shall receive credit upon the judgment at the | 470 |
specified hourly credit rate per hour of community service | 471 |
performed, and each hour of community service performed shall | 472 |
reduce the judgment by that amount. Except for the credit and | 473 |
reduction provided in this division, ordering an offender to | 474 |
perform community service under this division does not lessen the | 475 |
amount of the judgment and does not preclude the state from taking | 476 |
any other action to execute the judgment. | 477 |
(b) All moneys collected pursuant to division (A)(1)(a) of | 503 |
this section during a month shall be transmitted on or before the | 504 |
twentieth day of the following month by the clerk of the court to | 505 |
the treasurer of state and deposited by the treasurer of state to | 506 |
the credit of the indigent defense support fund established under | 507 |
section 120.08 of the Revised Code. The court shall not waive the | 508 |
payment of the additional thirty-, twenty-, or ten-dollar court | 509 |
costs, unless the court determines that the offender is indigent | 510 |
and waives the payment of all court costs imposed upon the | 511 |
indigent offender. | 512 |
(b) All moneys collected pursuant to division (A)(2)(a) of | 524 |
this section during a month shall be transmitted on or before the | 525 |
twentieth day of the following month by the clerk of the court to | 526 |
the treasurer of state and deposited by the treasurer of state to | 527 |
the credit of the indigent defense support fund established under | 528 |
section 120.08 of the Revised Code. The thirty-, twenty-, or | 529 |
ten-dollar court costs shall be collected in all cases unless the | 530 |
court determines the juvenile is indigent and waives the payment | 531 |
of all court costs, or enters an order on its journal stating that | 532 |
it has determined that the juvenile is indigent, that no other | 533 |
court costs are to be taxed in the case, and that the payment of | 534 |
the thirty-, twenty-, or ten-dollar court costs is waived. | 535 |
(B) Whenever a person is charged with any offense described | 536 |
in division (A)(1) of this section, the court shall add to the | 537 |
amount of the bail the thirty, twenty, or ten dollars required to | 538 |
be paid by division (A)(1) of this section. The thirty, twenty, or | 539 |
ten dollars shall be retained by the clerk of the court until the | 540 |
person is convicted, pleads guilty, forfeits bail, is found not | 541 |
guilty, or has the charges dismissed. If the person is convicted, | 542 |
pleads guilty, or forfeits bail, the clerk shall transmit the | 543 |
thirty, twenty, or ten dollars on or before the twentieth day of | 544 |
the month following the month in which the person was convicted, | 545 |
pleaded guilty, or forfeited bail to the treasurer of state, who | 546 |
shall deposit it to the credit of the indigent defense support | 547 |
fund established under section 120.08 of the Revised Code. If the | 548 |
person is found not guilty or the charges are dismissed, the clerk | 549 |
shall return the thirty, twenty, or ten dollars to the person. | 550 |
(2) The sentence consisted of or included a prison term, the | 576 |
offense for which it was imposed is a felony of the fourth or | 577 |
fifth degree or is a felony drug offense that is a violation of a | 578 |
provision of Chapter 2925. of the Revised Code and that is | 579 |
specified as being subject to division (B) of section 2929.13 of | 580 |
the Revised Code for purposes of sentencing, and the court did not | 581 |
specify at sentencing that it found one or more factors specified | 582 |
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised | 583 |
Code to apply relative to the defendant. If the court specifies | 584 |
that it found one or more of those factors to apply relative to | 585 |
the defendant, the defendant is not entitled under this division | 586 |
to appeal as a matter of right the sentence imposed upon the | 587 |
offender. | 588 |
(3) The person was convicted of or pleaded guilty to a | 589 |
violent sex offense or a designated homicide, assault, or | 590 |
kidnapping offense, was adjudicated a sexually violent predator in | 591 |
relation to that offense, and was sentenced pursuant to division | 592 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 593 |
of the indefinite term imposed pursuant to division (A)(3) of | 594 |
section 2971.03 of the Revised Code is the longest term available | 595 |
for the offense from among the range of terms listed in section | 596 |
2929.14 of the Revised Code. As used in this division, "designated | 597 |
homicide, assault, or kidnapping offense" and "violent sex | 598 |
offense" have the same meanings as in section 2971.01 of the | 599 |
Revised Code. As used in this division, "adjudicated a sexually | 600 |
violent predator" has the same meaning as in section 2929.01 of | 601 |
the Revised Code, and a person is "adjudicated a sexually violent | 602 |
predator" in the same manner and the same circumstances as are | 603 |
described in that section. | 604 |
(B) In addition to any other right to appeal and except as | 609 |
provided in division (D) of this section, a prosecuting attorney, | 610 |
a city director of law, village solicitor, or similar chief legal | 611 |
officer of a municipal corporation, or the attorney general, if | 612 |
one of those persons prosecuted the case, may appeal as a matter | 613 |
of right a sentence imposed upon a defendant who is convicted of | 614 |
or pleads guilty to a felony or, in the circumstances described in | 615 |
division (B)(3) of this section the modification of a sentence | 616 |
imposed upon such a defendant, on any of the following grounds: | 617 |
(C)(1) In addition to the right to appeal a sentence granted | 626 |
under division (A) or (B) of this section, a defendant who is | 627 |
convicted of or pleads guilty to a felony may seek leave to appeal | 628 |
a sentence imposed upon the defendant on the basis that the | 629 |
sentencing judge has imposed consecutive sentences under division | 630 |
(C)(3) of section 2929.14 of the Revised Code and that the | 631 |
consecutive sentences exceed the maximum prison term allowed by | 632 |
division (A) of that section for the most serious offense of which | 633 |
the defendant was convicted. Upon the filing of a motion under | 634 |
this division, the court of appeals may grant leave to appeal the | 635 |
sentence if the court determines that the allegation included as | 636 |
the basis of the motion is true. | 637 |
(2) Except as provided in division (C)(2) of this section, a | 647 |
sentence imposed upon a defendant is not subject to review under | 648 |
this section if the sentence is imposed pursuant to division | 649 |
(B)(2)(b) of section 2929.14 of the Revised Code. Except as | 650 |
otherwise provided in this division, a defendant retains all | 651 |
rights to appeal as provided under this chapter or any other | 652 |
provision of the Revised Code. A defendant has the right to appeal | 653 |
under this chapter or any other provision of the Revised Code the | 654 |
court's application of division (B)(2)(c) of section 2929.14 of | 655 |
the Revised Code. | 656 |
(E) A defendant, prosecuting attorney, city director of law, | 660 |
village solicitor, or chief municipal legal officer shall file an | 661 |
appeal of a sentence under this section to a court of appeals | 662 |
within the time limits specified in Rule 4(B) of the Rules of | 663 |
Appellate Procedure, provided that if the appeal is pursuant to | 664 |
division (B)(3) of this section, the time limits specified in that | 665 |
rule shall not commence running until the court grants the motion | 666 |
that makes the sentence modification in question. A sentence | 667 |
appeal under this section shall be consolidated with any other | 668 |
appeal in the case. If no other appeal is filed, the court of | 669 |
appeals may review only the portions of the trial record that | 670 |
pertain to sentencing. | 671 |
(1) Any presentence, psychiatric, or other investigative | 675 |
report that was submitted to the court in writing before the | 676 |
sentence was imposed. An appellate court that reviews a | 677 |
presentence investigation report prepared pursuant to section | 678 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 679 |
connection with the appeal of a sentence under this section shall | 680 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 681 |
when the appellate court is not using the presentence | 682 |
investigation report, and the appellate court's use of a | 683 |
presentence investigation report of that nature in connection with | 684 |
the appeal of a sentence under this section does not affect the | 685 |
otherwise confidential character of the contents of that report as | 686 |
described in division (D)(1) of section 2951.03 of the Revised | 687 |
Code and does not cause that report to become a public record, as | 688 |
defined in section 149.43 of the Revised Code, following the | 689 |
appellate court's use of the report. | 690 |
(G)(1) If the sentencing court was required to make the | 699 |
findings required by division (B) or (D) of section 2929.13 or | 700 |
division (I) of section 2929.20 of the Revised Code, or to state | 701 |
the findings of the trier of fact required by division (B)(2)(e) | 702 |
of section 2929.14 of the Revised Code, relative to the imposition | 703 |
or modification of the sentence, and if the sentencing court | 704 |
failed to state the required findings on the record, the court | 705 |
hearing an appeal under division (A), (B), or (C) of this section | 706 |
shall remand the case to the sentencing court and instruct the | 707 |
sentencing court to state, on the record, the required findings. | 708 |
The appellate court may increase, reduce, or otherwise modify | 713 |
a sentence that is appealed under this section or may vacate the | 714 |
sentence and remand the matter to the sentencing court for | 715 |
resentencing. The appellate court's standard for review is not | 716 |
whether the sentencing court abused its discretion. The appellate | 717 |
court may take any action authorized by this division if it | 718 |
clearly and convincingly finds either of the following: | 719 |
(I)(1) There is hereby established the felony sentence appeal | 728 |
cost oversight committee, consisting of eight members. One member | 729 |
shall be the chief justice of the supreme court or a | 730 |
representative of the court designated by the chief justice, one | 731 |
member shall be a member of the senate appointed by the president | 732 |
of the senate, one member shall be a member of the house of | 733 |
representatives appointed by the speaker of the house of | 734 |
representatives, one member shall be the director of budget and | 735 |
management or a representative of the office of budget and | 736 |
management designated by the director, one member shall be a judge | 737 |
of a court of appeals, court of common pleas, municipal court, or | 738 |
county court appointed by the chief justice of the supreme court, | 739 |
one member shall be the state public defender or a representative | 740 |
of the office of the state public defender designated by the state | 741 |
public defender, one member shall be a prosecuting attorney | 742 |
appointed by the Ohio prosecuting attorneys association, and one | 743 |
member shall be a county commissioner appointed by the county | 744 |
commissioners association of Ohio. No more than three of the | 745 |
appointed members of the committee may be members of the same | 746 |
political party. | 747 |
The president of the senate, the speaker of the house of | 748 |
representatives, the chief justice of the supreme court, the Ohio | 749 |
prosecuting attorneys association, and the county commissioners | 750 |
association of Ohio shall make the initial appointments to the | 751 |
committee of the appointed members no later than ninety days after | 752 |
July 1, 1996. Of those initial appointments to the committee, the | 753 |
members appointed by the speaker of the house of representatives | 754 |
and the Ohio prosecuting attorneys association shall serve a term | 755 |
ending two years after July 1, 1996, the member appointed by the | 756 |
chief justice of the supreme court shall serve a term ending three | 757 |
years after July 1, 1996, and the members appointed by the | 758 |
president of the senate and the county commissioners association | 759 |
of Ohio shall serve terms ending four years after July 1, 1996. | 760 |
Thereafter, terms of office of the appointed members shall be for | 761 |
four years, with each term ending on the same day of the same | 762 |
month as did the term that it succeeds. Members may be | 763 |
reappointed. Vacancies shall be filled in the same manner provided | 764 |
for original appointments. A member appointed to fill a vacancy | 765 |
occurring prior to the expiration of the term for which that | 766 |
member's predecessor was appointed shall hold office as a member | 767 |
for the remainder of the predecessor's term. An appointed member | 768 |
shall continue in office subsequent to the expiration date of that | 769 |
member's term until that member's successor takes office or until | 770 |
a period of sixty days has elapsed, whichever occurs first. | 771 |
If the chief justice of the supreme court, the director of | 772 |
the office of budget and management, or the state public defender | 773 |
serves as a member of the committee, that person's term of office | 774 |
as a member shall continue for as long as that person holds office | 775 |
as chief justice, director of the office of budget and management, | 776 |
or state public defender. If the chief justice of the supreme | 777 |
court designates a representative of the court to serve as a | 778 |
member, the director of budget and management designates a | 779 |
representative of the office of budget and management to serve as | 780 |
a member, or the state public defender designates a representative | 781 |
of the office of the state public defender to serve as a member, | 782 |
the person so designated shall serve as a member of the commission | 783 |
for as long as the official who made the designation holds office | 784 |
as chief justice, director of the office of budget and management, | 785 |
or state public defender or until that official revokes the | 786 |
designation. | 787 |
The chief justice of the supreme court or the representative | 788 |
of the supreme court appointed by the chief justice shall serve as | 789 |
chairperson of the committee. The committee shall meet within two | 790 |
weeks after all appointed members have been appointed and shall | 791 |
organize as necessary. Thereafter, the committee shall meet at | 792 |
least once every six months or more often upon the call of the | 793 |
chairperson or the written request of three or more members, | 794 |
provided that the committee shall not meet unless moneys have been | 795 |
appropriated to the judiciary budget administered by the supreme | 796 |
court specifically for the purpose of providing financial | 797 |
assistance to counties under division (I)(2) of this section and | 798 |
the moneys so appropriated then are available for that purpose. | 799 |
The members of the committee shall serve without | 800 |
compensation, but, if moneys have been appropriated to the | 801 |
judiciary budget administered by the supreme court specifically | 802 |
for the purpose of providing financial assistance to counties | 803 |
under division (I)(2) of this section, each member shall be | 804 |
reimbursed out of the moneys so appropriated that then are | 805 |
available for actual and necessary expenses incurred in the | 806 |
performance of official duties as a committee member. | 807 |
(2) The state criminal sentencing commission periodically | 808 |
shall provide to the felony sentence appeal cost oversight | 809 |
committee all data the commission collects pursuant to division | 810 |
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the | 811 |
data from the state criminal sentencing commission, the felony | 812 |
sentence appeal cost oversight committee periodically shall review | 813 |
the data; determine whether any money has been appropriated to the | 814 |
judiciary budget administered by the supreme court specifically | 815 |
for the purpose of providing state financial assistance to | 816 |
counties in accordance with this division for the increase in | 817 |
expenses the counties experience as a result of the felony | 818 |
sentence appeal provisions set forth in this section or as a | 819 |
result of a postconviction relief proceeding brought under | 820 |
division (A)(2) of section 2953.21 of the Revised Code or an | 821 |
appeal of a judgment in that proceeding; if it determines that any | 822 |
money has been so appropriated, determine the total amount of | 823 |
moneys that have been so appropriated specifically for that | 824 |
purpose and that then are available for that purpose; and develop | 825 |
a recommended method of distributing those moneys to the counties. | 826 |
The committee shall send a copy of its recommendation to the | 827 |
supreme court. Upon receipt of the committee's recommendation, the | 828 |
supreme court shall distribute to the counties, based upon that | 829 |
recommendation, the moneys that have been so appropriated | 830 |
specifically for the purpose of providing state financial | 831 |
assistance to counties under this division and that then are | 832 |
available for that purpose. | 833 |
"Self-service storage facility" does not include any garage | 847 |
used principally for parking motor vehicles, any garage or storage | 848 |
area in a private residence, an establishment licensed pursuant to | 849 |
sections 915.14 to 915.24 of the Revised Code, or any property of | 850 |
a bank or savings and loan association that contains vaults, safe | 851 |
deposit boxes, or other receptacles for the uses, purposes, and | 852 |
benefits of the bank's or savings and loan association's | 853 |
customers. | 854 |
Sec. 5322.02. (A) The owner of a self-service storage | 894 |
facility has a lien against the occupant on the personal property | 895 |
stored pursuant to a rental agreement in any storage space at the | 896 |
self-service storage facility, or on the proceeds of the personal | 897 |
property subject to the defaulting occupant's rental agreement in | 898 |
the owner's possession, for rent, labor, or other charges in | 899 |
relation to the personal property that are specified in the rental | 900 |
agreement and that have become due and for expenses necessary for | 901 |
the preservation of the personal property or expenses reasonably | 902 |
incurred in the sale or other disposition of the personal property | 903 |
pursuant to law. If the rental agreement contains a limit on the | 904 |
value of property stored in an occupant's storage space, that | 905 |
limit shall be presumed to be the maximum value of the property | 906 |
stored in that space for the purposes of such a lien. The owner's | 907 |
lien provided for in this section is also effective against the | 908 |
following persons: | 909 |
(A) AllThe following persons whom the owner has actual | 933 |
knowledge claim an interest in the personal property, and all | 934 |
persons who have filed security agreements in the name of the | 935 |
occupant evidencing a security interest in the personal property | 936 |
with either the secretary of state or the county recorder of the | 937 |
county in which the facility is located or the Ohio county of the | 938 |
last known address of the occupant, shall be notified in | 939 |
accordance with
divisonsdivisions (B) and (C) of this section;: | 940 |
(3) A brief and general description of the personal property | 963 |
subject to the lien. The description shall be reasonably adequate | 964 |
to permit the person notified to identify it except that any | 965 |
container including, but not limited to, a trunk, valise, or box | 966 |
that is locked, fastened, sealed, or tied in a manner that deters | 967 |
immediate access to its contents and that has not been opened by | 968 |
the owner prior to the date on which the notice is given may be | 969 |
described as such without describing its contents. | 970 |
(F)(G) After the expiration of the time given in the notice, | 1000 |
an advertisement of the sale shall be published once a week for | 1001 |
two consecutive weeks in a newspaper of general circulation in the | 1002 |
county in which the self-service storage facility is located or | 1003 |
any other commercially reasonable manner. The manner of | 1004 |
advertisement shall be deemed commercially reasonable if at least | 1005 |
three independent bidders attend the sale at the time and place | 1006 |
advertised. The advertisement shall include all of the following: | 1007 |
(1) A brief and general description of the personal property | 1008 |
as required by division (C)(3) of this section, except that the | 1009 |
description shall describe the contents of any trunk, valise, or | 1010 |
box that is locked, fastened, sealed, or tied in a manner that | 1011 |
deters immediate access to its contents, if the trunk, valise, or | 1012 |
box is opened by the owner prior to the date on which the | 1013 |
advertisement of sale is published; | 1014 |
(G)(H)(1) Before any sale of personal property pursuant to | 1027 |
this section, anyAny person who has a legal interest or a | 1028 |
security interest in the personal property, or who holds a lien | 1029 |
against, a motor vehicle or watercraft may pay the amount | 1030 |
necessary to satisfy the lien created by division (A) of section | 1031 |
5322.02 of the Revised Code and the reasonable expenses incurred | 1032 |
under this section. AnyThat person except the occupant may, upon | 1033 |
payment of the amount necessary to satisfy the lien plus expenses, | 1034 |
may enter into a new rental agreement for the storage of the | 1035 |
personal property or, if hethe motor vehicle or watercraft. Any | 1036 |
person who presents proof of a legalsecurity interest in the | 1037 |
personal property or of a right to take possession of the personal | 1038 |
propertyor lien on a motor vehicle or watercraft or a court | 1039 |
order authorizing himthe person to take possession of the | 1040 |
personal property, shalla motor vehicle or watercraft may | 1041 |
immediately remove the personal propertymotor vehicle or | 1042 |
watercraft from the self-service storage facility
without | 1043 |
satisfying the lien or expenses of the owner. | 1044 |
(2) Before any sale of personal property other than a motor | 1045 |
vehicle or watercraft pursuant to this section, any person who has | 1046 |
a legal interest or a security interest in, or who holds a lien | 1047 |
against, any personal property other than a motor vehicle or | 1048 |
watercraft may pay the amount necessary to satisfy the lien | 1049 |
created by division (A) of section 5322.02 of the Revised Code and | 1050 |
the reasonable expenses incurred under this section and remove the | 1051 |
personal property in which the person has the interest or against | 1052 |
which the person holds the lien. After removal of all the personal | 1053 |
property, including any motor vehicle or watercraft, from the | 1054 |
storage space of the self-service storage facility by any means | 1055 |
under this section, any person can enter into a rental agreement | 1056 |
for the storage of personal property with the owner, and the owner | 1057 |
has no obligation to the prior occupant of that storage space in | 1058 |
the self-service storage facility. Before entering into a new | 1059 |
rental agreement, the owner must have any motor vehicle or | 1060 |
watercraft towed from that storage space. | 1061 |
(3)(4) If the occupant pays the amount necessary to satisfy | 1068 |
the lien created by division (A) of section 5322.02 of the Revised | 1069 |
Code and the reasonable expenses incurred under this section,
he | 1070 |
the occupant shall immediately remove all of histhe occupant's | 1071 |
personal property from the self-service storage facility, unless | 1072 |
the owner of the self-service storage facility agrees to enter | 1073 |
into a new rental agreement for the storage of the property. | 1074 |
(2) A purchaser at auction in good faith, except an owner or | 1080 |
hisan owner's agent, of the personal property sold to satisfy an | 1081 |
owner's lien created by division (A) of section 5322.02 of the | 1082 |
Revised Code takes the property free and clear of any rights of | 1083 |
persons against whom the lien was valid, or any persons who had an | 1084 |
interest in, or who held, any other lien against the property, | 1085 |
despite noncompliance by the owner with the requirements of this | 1086 |
section;. | 1087 |
(I)(J) The owner may examine any personal property to be sold | 1088 |
pursuant to this section. The examination may include, but is not | 1089 |
limited to, the opening of any trunk, valise, box, or other | 1090 |
container that is locked, fastened, sealed, tied, or otherwise | 1091 |
closed in a manner that deters immediate access to its contents. | 1092 |
(2) The owner shall not be liable for the motor vehicle or | 1109 |
watercraft or any damages to the motor vehicle or watercraft once | 1110 |
the tower takes possession of the property. The notice delivered | 1111 |
or sent pursuant to division (B) of this section to all persons | 1112 |
holding a lien on the motor vehicle or watercraft shall include | 1113 |
the name of the towing company. The name and the address of the | 1114 |
towing company shall also be made available to the occupant or any | 1115 |
lien holder upon the presentation of a document of title or | 1116 |
another document that confirms an interest in the motor vehicle or | 1117 |
watercraft. | 1118 |
(L) The owner may satisfy histhe owner's lien from the | 1119 |
proceeds of any sale held pursuant to this section, but shall mail | 1120 |
the balance, if any, by certified mail to the occupant at histhe | 1121 |
occupant's last known address. If the balance is returned to the | 1122 |
owner after the owner mailed the balance by certified mail to the | 1123 |
occupant or if the address of the occupant is not known, the owner | 1124 |
shall hold the balance for two years after the date of the sale | 1125 |
for delivery on demand to the occupant or to any other person who | 1126 |
would have been entitled to possession of the personal property. | 1127 |
After the expiration of the two-year period, the balance shall | 1128 |
become unclaimed funds, as defined in division (B) of section | 1129 |
169.01 of the Revised Code, and shall be disposed of pursuant to | 1130 |
Chapter 169. of the Revised Code. | 1131 |
(3) To exercise or not to exercise any option, right, or | 1165 |
privilege available under the policy, including the payment of | 1166 |
premiums, unless there is sufficient cash or there are other | 1167 |
readily marketable trust assets from which to pay the premiums or | 1168 |
there are other trust assets that were designated by the settlor | 1169 |
or any other person transferring those assets to the trust to be | 1170 |
used for that purpose, regardless of whether that exercise or | 1171 |
nonexercise results in the lapse or termination of the policy; | 1172 |
(C) Unless otherwise provided by the terms of the trust, this | 1184 |
section applies to a trust established before, on, or after the | 1185 |
effective date of this sectionMarch 22, 2012, and to a life | 1186 |
insurance policy acquired, retained, or owned by a trustee before, | 1187 |
on, or after the effective date of this sectionMarch 22, 2012. | 1188 |