As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 674

Representatives Budish, Celebrezze 

Cosponsor: Representative Antonio 

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A BILL

To amend sections 2743.56, 2743.68, 2743.70, and

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2743.71 of the Revised Code to eliminate the

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period of limitations for a minor to file a

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victim's reparations application and for the

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filing of supplemental reparations applications

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and to increase the court costs for certain

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misdemeanors that fund the Reparations Fund.

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

Section 1. That sections 2743.56, 2743.68, 2743.70, and	8
2743.71 of the Revised Code be amended to read as follows:	9

Sec. 2743.56.  (A) A claim for an award of reparations shall	10
be commenced by filing an application for an award of reparations	11
with the attorney general. The application may be filed by mail.	12
If the application is filed by mail, the post-marked date of the	13
application shall be considered the filing date of the	14
application. The application shall be in a form prescribed by the	15
attorney general and shall include a release authorizing the	16
attorney general and the court of claims to obtain any report,	17
document, or information that relates to the determination of the	18
claim for an award of reparations that is requested in the	19
application.	20

(B) All applications for an award of reparations shall be	21
filed as follows:	22

(1) If the victim of the criminally injurious conduct was a	23
minor, within two years of the victim's eighteenth birthday or	24
within two years from the date a complaint, indictment, or	25
information is filed against the alleged offender, whichever is	26
later. This division does not require that a complaint,	27
indictment, or information be filed against an alleged offender in	28
order for an application for an award of reparations to be filed	29
pertaining to a victim who was a minor if the application is filed	30
within two years of the victim's eighteenth birthday, and does not	31
affect the provisions of section 2743.64 of the Revised Code.	32

(2) If the victim of the criminally injurious conduct was an	33
adult, at any time after the occurrence of the criminally	34
injurious conduct.	35

Sec. 2743.68.  A claimant may file a supplemental reparations	36
application in a claim if the attorney general or the court of	37
claims, within five years prior to the filing of the supplemental	38
application, has made any of the following determinations:	39

(A) That an award, supplemental award, or installment award	40
be granted;	41

(B) That an award, supplemental award, or installment award	42
be conditioned or denied because of actual or potential recovery	43
from a collateral source;	44

(C) That an award, supplemental award, or installment award	45
be denied because the claimant had not incurred any economic loss	46
at that time.	47

Sec. 2743.70.  (A)(1) The court, in which any person is	48
convicted of or pleads guilty to any offense other than a traffic	49
offense that is not a moving violation, shall impose the following	50
sum as costs in the case in addition to any other court costs that	51
the court is required by law to impose upon the offender:	52

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

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(b) NineEleven dollars, if the offense is a misdemeanor.

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The court shall not waive the payment of the thirtythirty-	55
or nine dollarseleven-dollar court costscost, unless the court	56
determines that the offender is indigent and waives the payment of	57
all court costs imposed upon the indigent offender. All such	58
moneys shall be transmitted on the first business day of each	59
month by the clerk of the court to the treasurer of state and	60
deposited by the treasurer in the reparations fund.	61

(2) The juvenile court in which a child is found to be a	62
delinquent child or a juvenile traffic offender for an act which,	63
if committed by an adult, would be an offense other than a traffic	64
offense that is not a moving violation, shall impose the following	65
sum as costs in the case in addition to any other court costs that	66
the court is required or permitted by law to impose upon the	67
delinquent child or juvenile traffic offender:	68

(a) Thirty dollars, if the act, if committed by an adult,	69
would be a felony;	70

(b) NineEleven dollars, if the act, if committed by an	71
adult, would be a misdemeanor.	72

The thirtythirty- or nine dollarseleven-dollar court costs	73
cost shall be collected in all cases unless the court determines	74
the juvenile is indigent and waives the payment of all court	75
costs, or enters an order on its journal stating that it has	76
determined that the juvenile is indigent, that no other court	77
costs are to be taxed in the case, and that the payment of the	78
thirtythirty- or nine dollarseleven-dollar court costscost is	79
waived. All such moneys collected during a month shall be	80
transmitted on or before the twentieth day of the following month	81
by the clerk of the court to the treasurer of state and deposited	82
by the treasurer in the reparations fund.	83

(B) Whenever a person is charged with any offense other than	84
a traffic offense that is not a moving violation and posts bail	85
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	86
Criminal Rule 46, or Traffic Rule 4, the court shall add to the	87
amount of the bail the thirty or nineeleven dollars required to	88
be paid by division (A)(1) of this section. The thirty or nine	89
eleven dollars shall be retained by the clerk of the court until	90
the person is convicted, pleads guilty, forfeits bail, is found	91
not guilty, or has the charges dismissed. If the person is	92
convicted, pleads guilty, or forfeits bail, the clerk shall	93
transmit the thirty or nineeleven dollars to the treasurer of	94
state, who shall deposit it in the reparations fund. If the person	95
is found not guilty or the charges are dismissed, the clerk shall	96
return the thirty or nineeleven dollars to the person.	97

(C) No person shall be placed or held in jail for failing to	98
pay the additional thirtythirty- or nine dollarseleven-dollar	99
court costscost or bail that are required to be paid by this	100
section.	101

(D) As used in this section:

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(1) "Moving violation" means any violation of any statute or	103
ordinance, other than section 4513.263 of the Revised Code or an	104
ordinance that is substantially equivalent to that section, that	105
regulates the operation of vehicles, streetcars, or trackless	106
trolleys on highways or streets or that regulates size or load	107
limitations or fitness requirements of vehicles. "Moving	108
violation" does not include the violation of any statute or	109
ordinance that regulates pedestrians or the parking of vehicles.	110

(2) "Bail" means cash, a check, a money order, a credit card,	111
or any other form of money that is posted by or for an offender	112
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	113
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from	114
being placed or held in a detention facility, as defined in	115
section 2921.01 of the Revised Code.	116

Sec. 2743.71.  (A) Any law enforcement agency that	117
investigates, and any prosecuting attorney, city director of law,	118
village solicitor, or similar prosecuting authority who	119
prosecutes, an offense committed in this state shall, upon first	120
contact with the victim or the victim's family or dependents, give	121
the victim or the victim's family or dependents a copy of an	122
information card or other printed material provided by the	123
attorney general pursuant to division (B) of this section and	124
explain, upon request, the information on the card or material to	125
the victim or the victim's family or dependents.	126

(B) The attorney general shall have printed, and shall	127
provide to law enforcement agencies, prosecuting attorneys, city	128
directors of law, village solicitors, and similar prosecuting	129
authorities, cards or other materials that contain information	130
explaining awards of reparations. The information on the cards or	131
other materials shall include, but shall not be limited to, the	132
following statements:	133

(1) Awards of reparations are limited to losses that are	134
caused by physical injury resulting from criminally injurious	135
conduct;	136

(2) Reparations applications are required toshall be filed	137
within the period provided by division (B)(1) of section 2743.56	138
of the Revised Code if the victimat any time after the occurrence	139
of the criminally injurious conduct was a minor;	140

(3) An attorney who represents an applicant for an award of	141
reparations cannot charge the applicant for the services rendered	142
in relation to that representation but is required to apply to the	143
attorney general for payment for the representation;	144

(4) Applications for awards of reparations may be obtained	145
from the attorney general, law enforcement agencies, and victim	146
assistance agencies and are to be filed with the attorney general.	147

(C) The attorney general may order that a reasonable amount	148
of money be paid out of the reparations fund, subject to the	149
limitation imposed by division (D) of this section, for use by the	150
attorney general to publicize the availability of awards of	151
reparations.	152

(D) During any fiscal year, the total expenditure for the	153
printing and providing of information cards or other materials	154
pursuant to division (B) of this section and for the publicizing	155
of the availability of awards of reparations pursuant to division	156
(C) of this section shall not exceed two per cent of the total of	157
all court costs deposited, in accordance with section 2743.70 of	158
the Revised Code, in the reparations fund during the immediately	159
preceding fiscal year.	160

Section 2.  That existing sections 2743.56, 2743.68, 2743.70,	161
and 2743.71 of the Revised Code are hereby repealed.	162

Section 3. The amendment to section 2743.56 of the Revised	163
Code made by this act applies to all applications for an award of	164
reparations filed on or after the effective date of this act. The	165
amendment to section 2743.68 of the Revised Code made by this act	166
applies to all applications for supplemental award of reparations	167
filed on or after the effective date of this act.	168