|
|
To enact sections 2746.01, 2746.02, 2746.03, 2746.04, | 1 |
2746.05, 2746.06, 2746.07, 2746.08, and 2746.09 of | 2 |
the Revised Code to provide consolidated | 3 |
references to Revised Code sections that establish | 4 |
costs and fees, other than attorney fees, in the | 5 |
courts of record of this state. | 6 |
Section 1. That sections 2746.01, 2746.02, 2746.03, 2746.04, | 7 |
2746.05, 2746.06, 2746.07, 2746.08, and 2746.09 of the Revised | 8 |
Code be enacted to read as follows: | 9 |
Sec. 2746.01. A court of record of this state shall tax as | 10 |
costs or otherwise require the payment of fees for the following | 11 |
services rendered or as compensation for the following persons or | 12 |
any other of the following fees that are applicable in a | 13 |
particular case: | 14 |
(A) Appraisers, commissioners, or arbitrators appointed to | 15 |
make or procure an appraisement or valuation of any property, as | 16 |
provided in section 2335.02 of the Revised Code; | 17 |
(B) Auctioneers appointed to conduct any public auction of | 18 |
goods, chattels, or lands required to be sold by an officer of the | 19 |
court, as provided in section 2335.021 of the Revised Code; | 20 |
(C) Commissioners appointed to make partition of lands or to | 21 |
assign dower and appraisers of real or personal property on | 22 |
execution, replevin, or attachment or to fix the value of exempt | 23 |
property, as provided in section 2335.01 of the Revised Code; | 24 |
(D) Deposit of rent with the clerk of court by a resident of | 25 |
a manufactured home park, as provided in section 3733.121 of the | 26 |
Revised Code, or by a tenant of residential premises, as provided | 27 |
in section 5321.08 of the Revised Code; | 28 |
(E) Interpreters, as provided in section 2335.09 of the | 29 |
Revised Code; | 30 |
(F) Fees in a civil action or appeal commenced by an inmate | 31 |
against a government entity or employee, as provided in section | 32 |
2969.22 of the Revised Code; | 33 |
(G) Procurement of a transcript of a judgment or proceeding | 34 |
or exemplification of a record in an appeal or other civil action, | 35 |
as provided in section 2303.21 of the Revised Code; | 36 |
(H) Publication of an advertisement, notice, or proclamation | 37 |
required to be published by a trustee, assignee, executor, | 38 |
administrator, receiver, or other officer of the court or a party | 39 |
in a case or proceeding, as provided in section 7.13 of the | 40 |
Revised Code; | 41 |
(I) Publication of calendars, motion dockets, legal | 42 |
advertisements, and notices, the fees for which are not fixed by | 43 |
law, as provided in section 2701.09 of the Revised Code; | 44 |
(J) Sheriffs, as provided in section 311.17 of the Revised | 45 |
Code; | 46 |
(K) Township constables or members of the police force of a | 47 |
township police district or joint police district, as provided in | 48 |
section 509.15 of the Revised Code; | 49 |
(L) Witnesses, as follows: | 50 |
(1) Fees and mileage in civil cases, as provided in section | 51 |
2335.06 of the Revised Code; | 52 |
(2) Fees and mileage in criminal cases, as provided in | 53 |
section 2335.08 of the Revised Code; | 54 |
(3) Fees in all cases or proceedings not specified in | 55 |
sections 2335.06 and 2335.08 of the Revised Code, as provided in | 56 |
section 2335.05 of the Revised Code; | 57 |
(4) Fees of municipal police officers in state felony cases, | 58 |
as provided in section 2335.17 of the Revised Code; | 59 |
(5) Fees in arbitration proceedings, as provided in section | 60 |
2711.06 of the Revised Code. | 61 |
(M) In an action to abate a nuisance or to enforce a local | 62 |
code relating to buildings, the expenses of operating and | 63 |
conserving the building, as provided in section 3767.41 of the | 64 |
Revised Code. | 65 |
Sec. 2746.02. A court of record of this state shall tax as | 66 |
costs or otherwise require the payment of fees for the following | 67 |
services rendered, as compensation for the following persons, or | 68 |
as part of the sentence imposed by the court, or any other of the | 69 |
following fees that are applicable in a particular case: | 70 |
(A) In a felony case, financial sanctions, as provided in | 71 |
section 2929.18 of the Revised Code; | 72 |
(B) In any criminal case, the costs of prosecution, as | 73 |
provided in section 2947.23 of the Revised Code; | 74 |
(C) In a misdemeanor case in which the offender is sentenced | 75 |
to a jail term, the local detention facility is covered by a | 76 |
policy adopted by the facility's governing authority requiring | 77 |
reimbursement for the costs of confinement, and the offender is | 78 |
presented with an itemized bill pursuant to section 2929.37 of the | 79 |
Revised Code for such costs, the costs of confinement, as provided | 80 |
in section 2929.24 of the Revised Code; | 81 |
(D) In a case in which an offender is sentenced for | 82 |
endangering children in violation of section 2919.22 of the | 83 |
Revised Code, the costs of the offender's supervised community | 84 |
service work, as provided in section 2919.22 of the Revised Code; | 85 |
(E) In a case in which a defendant is charged with any of | 86 |
certain sexual assault or prostitution-related offenses and is | 87 |
found to be suffering from a venereal disease in an infectious | 88 |
stage, the cost of medical treatment, as provided in section | 89 |
2907.27 of the Revised Code; | 90 |
(F) In a case in which a defendant is charged with harassment | 91 |
with a bodily substance, the cost of medical testing, as provided | 92 |
in section 2921.38 of the Revised Code; | 93 |
(G) In a case in which a defendant is charged with violating | 94 |
a protection order in violation of section 2919.27 of the Revised | 95 |
Code or of a municipal ordinance that is substantially similar to | 96 |
that section, the costs of any evaluation and preceding | 97 |
examination of the defendant, as provided in section 2919.271 of | 98 |
the Revised Code; | 99 |
(H) Presentence psychological or psychiatric reports, as | 100 |
provided in section 2947.06 of the Revised Code; | 101 |
(I) In a criminal proceeding, the taking of a deposition of a | 102 |
person who is imprisoned in a detention facility or state | 103 |
correctional institution within this state or who is in the | 104 |
custody of the department of youth services, as provided in | 105 |
section 2945.47 of the Revised Code; | 106 |
(J) In a case in which a person is convicted of or pleads | 107 |
guilty to any offense other than a parking violation or in which a | 108 |
child is found to be a delinquent child or a juvenile traffic | 109 |
offender for an act that, if committed by an adult, would be an | 110 |
offense other than a parking violation, additional costs and bail, | 111 |
if applicable, as provided in sections 2743.70 and 2949.091 of the | 112 |
Revised Code, but subject to waiver as provided in section | 113 |
2949.092 of the Revised Code; | 114 |
(K) In a case in which a person is convicted of or pleads | 115 |
guilty to a moving violation or in which a child is found to be a | 116 |
juvenile traffic offender for an act which, if committed by an | 117 |
adult, would be a moving violation, additional costs and bail, if | 118 |
applicable, as provided in sections 2949.093 and 2949.094 of the | 119 |
Revised Code, but subject to waiver as provided in section | 120 |
2949.092 of the Revised Code; | 121 |
(L) In a case in which a defendant is convicted of abandoning | 122 |
a junk vessel or outboard motor without notifying the appropriate | 123 |
law enforcement officer, the cost incurred by the state or a | 124 |
political subdivision in disposing of the vessel or motor, as | 125 |
provided in section 1547.99 of the Revised Code; | 126 |
(M) The costs of electronic monitoring in the following | 127 |
cases: | 128 |
(1) In a misdemeanor case in which the offender is convicted | 129 |
of any of certain prostitution-related offenses and a | 130 |
specification under section 2941.1421 of the Revised Code, as | 131 |
provided in section 2929.24 of the Revised Code; | 132 |
(2) In a case in which the court issues a criminal protection | 133 |
order against a minor upon a petition alleging that the respondent | 134 |
committed any of certain assault, menacing, or trespass offenses, | 135 |
a sexually oriented offense, or an offense under a municipal | 136 |
ordinance that is substantially equivalent to any of those | 137 |
offenses, as provided in section 2151.34 of the Revised Code; | 138 |
(3) In a case in which the court issues a protection order | 139 |
against an adult upon a petition alleging that the respondent | 140 |
committed menacing by stalking or a sexually oriented offense, as | 141 |
provided in section 2903.214 of the Revised Code; | 142 |
(4) In a case in which an offender is convicted of violating | 143 |
a protection order, as provided in section 2919.27 of the Revised | 144 |
Code; | 145 |
(5) In a case in which the offender is convicted of any | 146 |
sexually oriented offense and is a tier III sex | 147 |
offender/child-victim offender relative to that offense, as | 148 |
provided in section 2929.13 of the Revised Code. | 149 |
(N) In a proceeding for post-conviction relief, a transcript, | 150 |
as provided in section 2953.21 of the Revised Code; | 151 |
(O) In a proceeding for the sealing of a conviction record, | 152 |
the fee provided for in section 2953.32 of the Revised Code. | 153 |
Sec. 2746.03. In addition to any applicable fees or costs | 154 |
set forth in sections 2746.01 and 2746.02 of the Revised Code or | 155 |
any other applicable provision of law, the supreme court, a court | 156 |
of appeals, or the court of claims shall tax as costs or otherwise | 157 |
require the payment of fees for the following services rendered or | 158 |
as compensation for the following persons or any other of the | 159 |
following fees that are applicable in a particular case: | 160 |
(A) In the supreme court, filing fees, as provided in section | 161 |
2503.17 of the Revised Code; | 162 |
(B) In a court of appeals: | 163 |
(1) Fees collectible by the clerk of a court of common pleas | 164 |
when acting as the clerk of the court of appeals of the county, as | 165 |
provided in section 2303.03 of the Revised Code; | 166 |
(2) Additional filing fees or charges for special projects, | 167 |
programs, or services, as provided in section 2501.16 of the | 168 |
Revised Code; | 169 |
(3) Sheriffs or other officers who serve process, as provided | 170 |
in section 2501.19 of the Revised Code; | 171 |
(4) Shorthand reporters, as provided in section 2501.17 of | 172 |
the Revised Code; | 173 |
(5) The expense of preparing and transcribing the record in | 174 |
an appeal to the tenth district court of appeals from a ruling of | 175 |
the director of health under the certificate of need program, as | 176 |
provided in section 3702.60 of the Revised Code. | 177 |
(C) In the court of claims: | 178 |
(1) The fees provided for in section 2743.09 of the Revised | 179 |
Code; | 180 |
(2) Witness fees and mileage, as provided in section 2743.06 | 181 |
of the Revised Code. | 182 |
Sec. 2746.04. In addition to any applicable fees or costs | 183 |
set forth in sections 2746.01 and 2746.02 of the Revised Code or | 184 |
any other applicable provision of law, a court of common pleas | 185 |
shall tax as costs or otherwise require the payment of fees for | 186 |
the following services rendered or as compensation for the | 187 |
following persons or any other of the following fees that are | 188 |
applicable in a particular case: | 189 |
(A) The fees provided for in section 2303.20 of the Revised | 190 |
Code; | 191 |
(B) Additional fees to computerize the court, make available | 192 |
computerized legal research services, computerize the office of | 193 |
the clerk of the court, provide financial assistance to legal aid | 194 |
societies, support the office of the state public defender, fund | 195 |
shelters for victims of domestic violence, and special projects of | 196 |
the court, as provided in section 2303.201 and, for a court that | 197 |
has a domestic relations division, section 2301.031 of the Revised | 198 |
Code; | 199 |
(C) Filing for a divorce decree under section 3105.10 or a | 200 |
decree of dissolution under section 3105.65 of the Revised Code, | 201 |
as provided in section 3109.14 of the Revised Code; | 202 |
(D) Filing of a foreign judgment pursuant to section 2329.022 | 203 |
of the Revised Code, as provided in section 2329.025 of the | 204 |
Revised Code; | 205 |
(E) Interpreters, as provided in section 2301.14 of the | 206 |
Revised Code; | 207 |
(F) Jurors in civil actions, as provided in section 2335.28 | 208 |
of the Revised Code; | 209 |
(G) Shorthand reporters, as provided in sections 2301.21 and | 210 |
2301.24 of the Revised Code; | 211 |
(H) In a case involving the operation by a nonresident of a | 212 |
vessel upon the waters in this state, or the operation on the | 213 |
waters in this state of a vessel owned by a nonresident if | 214 |
operated with his consent, actual traveling expenses of the | 215 |
defendant, as provided in section 1547.36 of the Revised Code; | 216 |
(I) In a civil case, the expenses of taking a deposition of a | 217 |
person who is imprisoned in a workhouse, juvenile detention | 218 |
facility, jail, or state correctional institution within this | 219 |
state, or who is in the custody of the department of youth | 220 |
services, as provided in section 2317.06 of the Revised Code; | 221 |
(J) In proceedings relating to the examination of a judgment | 222 |
debtor under sections 2333.09 to 2333.27 of the Revised Code, | 223 |
compensation for clerks, sheriffs, referees, receivers, and | 224 |
witnesses, as provided in section 2333.27 of the Revised Code; | 225 |
(K) In an appeal from an order of an agency issued pursuant | 226 |
to an adjudication under section 119.12 of the Revised Code, the | 227 |
expense of preparing and transcribing the record; | 228 |
(L) In a case in which the court issues a protection order | 229 |
upon a petition alleging that the respondent engaged in domestic | 230 |
violence against a family or household member, the cost of | 231 |
supervision of the respondent's exercise of parenting time, | 232 |
visitation, or companionship rights, as provided in section | 233 |
3113.31 of the Revised Code; | 234 |
(M) Upon a petition to have a person involuntarily | 235 |
institutionalized, the costs of appointed counsel for the | 236 |
respondent at a full hearing, as provided in section 5123.76 of | 237 |
the Revised Code; | 238 |
(N) In a case before the domestic relations division of the | 239 |
Hamilton county court of common pleas, the expense of serving a | 240 |
summons, warrant, citation, subpoena, or other writ issued to an | 241 |
officer other than a bailiff, constable, or staff investigator of | 242 |
the division, as provided in section 2301.03 of the Revised Code. | 243 |
Sec. 2746.05. In addition to any applicable fees or costs | 244 |
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 245 |
Code or any other applicable provision of law, a juvenile court | 246 |
shall tax as costs or otherwise require the payment of fees for | 247 |
the following services or as compensation for the following | 248 |
persons: | 249 |
(A) The fees provided for in section 2151.54 of the Revised | 250 |
Code; | 251 |
(B) Additional fees to computerize the court, make available | 252 |
computerized legal research services, and computerize the office | 253 |
of the clerk of the court, as provided in sections 2151.541, | 254 |
2153.081, and 2301.031 of the Revised Code; | 255 |
(C) The costs of house arrest with electronic monitoring, as | 256 |
provided in section 2152.19 of the Revised Code; | 257 |
(D) Witness fees, as provided in section 2151.28 of the | 258 |
Revised Code. | 259 |
Sec. 2746.06. In addition to any applicable fees or costs | 260 |
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 261 |
Code or any other applicable provision of law, and subject to any | 262 |
waiver of fees for combat zone casualties under section 2101.164 | 263 |
of the Revised Code and any reduction of fees under section | 264 |
2101.20 of the Revised Code, a probate court shall tax as costs or | 265 |
otherwise require the payment of fees for the following services | 266 |
rendered or as compensation for the following persons or any other | 267 |
of the following fees that are applicable in a particular case: | 268 |
(A) The fees provided for in sections 2101.16, 2101.17, | 269 |
2101.18, and 2101.32 of the Revised Code; | 270 |
(B) Additional fees to computerize the court, make available | 271 |
computerized legal research services, and computerize the office | 272 |
of the clerk of the court, as provided in section 2101.162 of the | 273 |
Revised Code; | 274 |
(C) In a proceeding upon the assignment of property in trust | 275 |
for the benefit of creditors, the fees provided for in section | 276 |
1313.52 of the Revised Code; | 277 |
(D) The fees allowable to a special master commissioner under | 278 |
section 2101.07 of the Revised Code; | 279 |
(E) In a proceeding filed pursuant to dispute resolution | 280 |
procedures established by rule of the probate judge, a filing fee, | 281 |
as provided in section 2101.163 of the Revised Code; | 282 |
(F) Costs incident to the appointment of a fiduciary, as | 283 |
provided in section 2101.21 of the Revised Code; | 284 |
(G) A fee for solemnizing a marriage, as provided in section | 285 |
2101.27 of the Revised Code; | 286 |
(H) The additional marriage license fee provided for in | 287 |
section 3113.34 of the Revised Code; | 288 |
(I) The fee for deposit of a will provided for in section | 289 |
2107.07 of the Revised Code; | 290 |
(J) In a proceeding for the appointment of a guardian for an | 291 |
alleged incompetent, physicians and other qualified persons to | 292 |
examine, investigate, or represent the alleged incompetent, as | 293 |
provided in section 2111.031 of the Revised Code; | 294 |
(K) In an action to obtain authority to sell real estate, the | 295 |
fees for failure to enter a release and satisfaction provided for | 296 |
in section 2127.19 of the Revised Code; | 297 |
(L) In a proceeding in aid of execution, the fees provided | 298 |
for in section 2333.26 and 2333.27 of the Revised Code. | 299 |
Sec. 2746.07. In addition to any applicable fees or costs | 300 |
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 301 |
Code or any other applicable provision of law, a municipal court | 302 |
shall tax as costs or otherwise require the payment of fees for | 303 |
the following services or as compensation for the following | 304 |
persons: | 305 |
(A) The fees and costs provided for in section 1901.26 of the | 306 |
Revised Code; | 307 |
(B) Additional fees to computerize the court, make available | 308 |
computerized legal research services, and computerize the office | 309 |
of the clerk of the court, as provided in section 1901.261 of the | 310 |
Revised Code; | 311 |
(C) Jurors, as provided in section 1901.25 of the Revised | 312 |
Code; | 313 |
(D) In proceedings in the small claims division, the fees and | 314 |
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, | 315 |
and 1925.15 of the Revised Code; | 316 |
(E) In a case in which an accused is brought before the court | 317 |
pursuant to a warrant to keep the peace, an appeal bond, as | 318 |
provided in section 2933.06 of the Revised Code; | 319 |
(F) In a proceeding filed pursuant to dispute resolution | 320 |
procedures established by rule of the court, a filing fee, as | 321 |
provided in section 1901.262 of the Revised Code; | 322 |
(G) In a case in which the clerk of the Cleveland municipal | 323 |
court files a copy of a defendant's bond with the county recorder, | 324 |
the recording fees and charges, as provided in section 1901.21 of | 325 |
the Revised Code; | 326 |
(H) In a criminal case, the expenses of an evaluation of the | 327 |
defendant's competence to stand trial or the defendant's mental | 328 |
condition at the time of the commission of the offense, as | 329 |
provided in section 2945.37 of the Revised Code. | 330 |
Sec. 2746.08. In addition to any applicable fees or costs | 331 |
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 332 |
Code or any other applicable provision of law, a county court | 333 |
shall tax as costs or otherwise require the payment of fees for | 334 |
the following services rendered or as compensation for the | 335 |
following persons or such other of the following fees as are | 336 |
applicable in a particular case: | 337 |
(A) The fees and costs provided for in section 1907.24 of the | 338 |
Revised Code; | 339 |
(B) Additional fees to computerize the court, make available | 340 |
computerized legal research services, and computerize the office | 341 |
of the clerk of the court, as provided in section 1907.261 of the | 342 |
Revised Code; | 343 |
(C) Arbitrators, as provided in section 1907.42 of the | 344 |
Revised Code; | 345 |
(D) Jurors, as provided in section 1907.28 of the Revised | 346 |
Code; | 347 |
(E) Performing a marriage ceremony, as provided in section | 348 |
1907.26 of the Revised Code; | 349 |
(F) Witnesses, as provided in section 1907.27 of the Revised | 350 |
Code; | 351 |
(G) In proceedings in the small claims division, the fees and | 352 |
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, | 353 |
and 1925.15 of the Revised Code; | 354 |
(H) In a case in which an accused is brought before the court | 355 |
pursuant to a warrant to keep the peace, an appeal bond, as | 356 |
provided in section 2933.06 of the Revised Code; | 357 |
(I) In a proceeding filed pursuant to dispute resolution | 358 |
procedures established by rule of the court, a filing fee, as | 359 |
provided in section 1907.262 of the Revised Code. | 360 |
Sec. 2746.09. In addition to any other applicable fees or | 361 |
costs set forth in this chapter, a court shall tax as costs or | 362 |
otherwise require the payment of the following fees, costs, or | 363 |
expenses: | 364 |
(A) The costs and expenses of a receiver allowed by the court | 365 |
under section 323.49 of the Revised Code in a proceeding brought | 366 |
by a county treasurer to be appointed receiver for the purposes of | 367 |
collecting taxes and assessments charged upon real estate; | 368 |
(B) The expenses of a referee or receiver allowed by the | 369 |
court under section 1334.08 of the Revised Code in an action | 370 |
brought by the attorney general pursuant to that section for a | 371 |
violation of the business opportunity plans act; | 372 |
(C) The expenses of a referee or receiver allowed by the | 373 |
court under section 1345.07 of the Revised Code in an action | 374 |
brought by the attorney general pursuant to that section for a | 375 |
violation of the consumer sales practices act; | 376 |
(D) The expenses of a master or receiver allowed by the court | 377 |
under section 5311.27 of the Revised Code in an action brought by | 378 |
the attorney general pursuant to that section for a violation of | 379 |
the condominium act; | 380 |
(E) Fees to which a receiver appointed under section 2715.20 | 381 |
or 2735.01 of the Revised Code may be entitled; | 382 |
(F) Fees allowed to a receiver under any applicable rule of | 383 |
court. | 384 |