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Sub. S. B. No. 163As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Austria, Coughlin, Randy Gardner, Armbruster, Oelslager, Jacobson
A BILL
To amend sections 2151.28, 2151.35, 2152.19,
and
2705.05 and to enact sections 2909.09
and
5579.11
of the Revised Code to prohibit
knowingly
dropping
or throwing any object at, onto, or in the
path of
any vehicle on a highway or any vessel on a
waterway and to create
the Highway, Bridge,
and
Overpass Vandal Fence
Task Force.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.28, 2151.35, 2152.19, and
2705.05 be amended and sections 2909.09 and 5579.11
of the
Revised Code be enacted to read as follows:
Sec. 2151.28. (A) No later than seventy-two hours after
the
complaint is filed, the
court shall fix a time for an adjudicatory
hearing. The court
shall conduct the adjudicatory hearing within
one of the
following periods of time: (1) Subject to division (D) of section 2152.13 of the
Revised Code, if the complaint alleged that the child violated
section
2151.87 of the Revised Code
or is a delinquent or unruly
child or
a juvenile traffic offender, the
adjudicatory hearing
shall be
held and may be continued in
accordance with the Juvenile
Rules. (2) If the complaint alleged that the child is an abused,
neglected, or dependent child, the adjudicatory hearing shall be
held no later than thirty days after the complaint is filed,
except that, for good cause shown, the court may continue the
adjudicatory hearing for either of the following periods of time: (a) For ten days beyond the thirty-day deadline to allow
any
party to obtain counsel; (b) For a reasonable period of time beyond the thirty-day
deadline to obtain service on all parties or any necessary
evaluation, except that the adjudicatory hearing shall not be
held
later than sixty days after the date on which the complaint
was
filed. (B) At an adjudicatory hearing held pursuant to division
(A)(2) of this section, the court, in addition to determining
whether the child is an abused, neglected, or dependent child,
shall determine whether the child should remain or be placed in
shelter care until the dispositional hearing. When the court
makes the shelter care determination, all of the following apply: (1) The court shall determine whether there are any
relatives of the child who are willing to be temporary custodians
of the child. If any relative is willing to be a temporary
custodian, the child otherwise would remain or be placed in
shelter care, and the appointment is appropriate, the court shall
appoint the relative as temporary custodian of the child, unless
the court appoints another relative as custodian. If it
determines that the appointment of a relative as custodian would
not be appropriate, it shall issue a written opinion setting
forth
the reasons for its determination and give a copy of the
opinion
to all parties and the guardian ad litem of the child. The court's consideration of a relative for appointment as
a
temporary custodian does not make that relative a party to the
proceedings. (2) The court shall comply with section 2151.419
of the
Revised Code. (3) The court shall schedule the date for the
dispositional
hearing to be held pursuant to section 2151.35 of
the Revised
Code. The parents of the child have a right to be
represented by
counsel; however, in no case shall the
dispositional hearing be
held later than ninety days after the
date on which the complaint
was filed. (C)(1) The court shall direct the issuance of a summons
directed to the child except as provided by this section, the
parents, guardian, custodian, or other person with whom the child
may be, and any other persons that appear to the court to be
proper or necessary parties to the proceedings, requiring them to
appear before the court at the time fixed to answer the
allegations of the complaint. The summons shall contain the name
and telephone number of the court employee designated by the
court
pursuant to section 2151.314 of the Revised Code to arrange
for
the prompt appointment of counsel for indigent persons. A
child
alleged to be an abused, neglected, or dependent child
shall not
be summoned unless the court so directs. A summons
issued for a
child who is under fourteen years of age and who is
alleged to be
a delinquent child, unruly child, or a juvenile
traffic offender
shall be served on the parent, guardian, or
custodian of the child
in the child's behalf. If the person who has physical custody of the child, or
with
whom the child resides, is other than the parent or
guardian, then
the parents and guardian also shall be summoned. A copy of the
complaint shall accompany the summons. (2) In lieu of appearing before the
court at the time fixed
in the summons and prior to the date
fixed for appearance in the
summons, a child who is alleged
to have violated section 2151.87
of the
Revised
Code and that child's parent, guardian, or
custodian
may sign a waiver of appearance
before the clerk of the
juvenile court and pay a fine of one hundred dollars.
If the
child and that child's parent, guardian, or custodian do not waive
the
court appearance,
the court shall proceed with the
adjudicatory
hearing as provided in this section. (D) If the complaint contains a prayer for permanent
custody, temporary custody, whether as the preferred or an
alternative disposition, or a planned
permanent living arrangement
in a case
involving an alleged abused, neglected, or dependent
child, the
summons served on the parents shall contain as is
appropriate an
explanation that the granting of permanent custody
permanently
divests the parents of their parental rights and
privileges, an
explanation that an adjudication that the child is
an abused,
neglected, or dependent child may result in an order of
temporary
custody that will cause the removal of the child from
their legal
custody until the court terminates the order of
temporary custody
or permanently divests the parents of their
parental rights, or
an explanation that the issuance of an order
for a planned permanent living
arrangement will cause the removal
of the child from the legal custody
of the parents if any of the
conditions listed in divisions
(A)(5)(a) to (c) of section
2151.353 of the Revised Code are
found to exist. (E)(1) Except as otherwise provided in
division
divisions
(E)(2)
and (3) of
this section, the court may endorse upon the
summons an
order
directing the parents, guardian, or other person
with whom the
child may be to appear personally at the hearing and
directing
the
person having the physical custody or control of the
child to
bring the child to the hearing. (2) In cases in which the complaint alleges that a child is
an
unruly or delinquent child for being an habitual or chronic
truant and that
the parent, guardian, or other person having care
of the child has
failed to cause the child's attendance at school,
the court shall
endorse upon the summons an order directing the
parent, guardian,
or other person having care of the child to
appear personally at
the hearing and directing the person having
the physical custody
or control of the child to bring the child to
the hearing.
(3) In cases in which the complaint alleges that a child has
committed a violation of section 2909.09 of
the Revised Code or a
substantially similar municipal ordinance, that the child
previously has been adjudicated a delinquent child for having
committed a violation of section 2909.09 of the Revised Code or a
substantially similar municipal ordinance, and that the parent,
guardian, or other person having care of the
child failed to
prevent the latest violation, the court shall
endorse upon the
summons an order directing the parent, guardian,
or other person
having care of the child to appear personally at
the hearing and
directing the person having the physical custody
or control of the
child to bring the child to the hearing. (F)(1) The summons shall contain a statement advising that
any party is entitled to counsel in the proceedings and that the
court will appoint counsel or designate a county public defender
or joint county public defender to provide legal representation
if
the party is indigent. (2) In cases in which the complaint alleges a child to be an
abused,
neglected, or dependent child and no hearing has been
conducted pursuant to
division (A) of section 2151.314 of the
Revised Code with respect to the child
or a parent, guardian, or
custodian of the child does not attend the
hearing, the summons
also shall contain a statement advising that a case plan
may be
prepared for the child, the general requirements usually contained
in
case plans, and the possible consequences of failure to comply
with a
journalized case plan. (G) If it appears from an affidavit filed or from sworn
testimony before the court that the conduct, condition, or
surroundings of the child are endangering the child's health
or
welfare or those of others, that the child may abscond or be
removed from
the jurisdiction of the court, or that the child will
not be
brought to the
court, notwithstanding the service of the
summons, the court may
endorse upon the summons an order that a
law enforcement officer
serve the summons and take the child into
immediate custody and
bring the child forthwith to the court. (H) A party, other than the child, may waive service of
summons by written stipulation. (I) Before any temporary commitment is made permanent, the
court shall fix a time for hearing in accordance with section
2151.414 of the Revised Code and shall cause notice by summons to
be served upon the parent or guardian of the child and the
guardian ad litem of the child, or published, as provided in
section 2151.29 of the Revised Code. The summons shall contain
an
explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges. (J) Any person whose presence is considered necessary and
who is not summoned may be subpoenaed to appear and testify at
the
hearing. Anyone summoned or subpoenaed to appear
who fails
to do
so may be punished, as in other cases in the court of
common
pleas, for contempt of court. Persons subpoenaed shall be
paid
the same witness fees as are allowed in the court of common
pleas. (K) The failure of the court to hold an adjudicatory
hearing
within any time period set forth in division (A)(2) of
this
section does not affect the ability of the court to issue
any
order under this chapter and does not provide any basis for
attacking the jurisdiction of the court or the validity of any
order of the court. (L) If the court, at an adjudicatory hearing held pursuant
to
division (A) of this section upon a complaint alleging that a
child
is an abused, neglected, dependent, delinquent, or unruly
child or a juvenile
traffic offender, determines that the child is
a dependent child, the court
shall incorporate that determination
into written findings of fact and
conclusions of law and enter
those findings of fact and conclusions of law in
the record of the
case. The court shall include in
those findings of fact and
conclusions of law specific findings as to the
existence of any
danger to the child and any underlying family problems that
are
the basis for the court's determination that the child is a
dependent
child.
Sec. 2151.35. (A)(1) Except as otherwise provided by
division
(A)(3) of this section or
in section 2152.13 of the
Revised Code, the juvenile
court may conduct its
hearings in an
informal manner and may adjourn its hearings
from
time to time.
The court may exclude
the
general public from its hearings in a
particular case if the court holds a
separate hearing to determine
whether that exclusion is
appropriate. If the court decides that
exclusion of the general public
is appropriate, the court still
may
admit to a particular hearing or all of the hearings
relating
to a particular case those persons
who have a direct interest
in
the case and those who demonstrate that their need for access
outweighs
the interest in keeping the hearing closed. Except cases involving children who are alleged to be unruly
or delinquent children for being habitual or chronic truants
and
cases involving children who are alleged to be delinquent children
for having committed a violation of section 2909.09 of the
Revised
Code or a substantially similar municipal ordinance and
who
previously have been adjudicated delinquent for having
committed
such a violation and except as
otherwise provided in
section
2152.13 of the Revised Code, all cases
involving children
shall be
heard separately and
apart from the trial of cases
against adults.
The court may
excuse the attendance of the child
at the hearing in
cases
involving abused, neglected, or dependent
children. The
court
shall hear and determine all cases of
children without a
jury,
except cases involving serious youthful
offenders
under
section 2152.13 of the Revised Code. If a complaint alleges a child to be a delinquent child,
unruly
child, or juvenile traffic offender, the court shall
require the
parent, guardian, or custodian of the child to attend
all proceedings of
the court regarding the child. If a parent,
guardian, or
custodian fails to so attend, the court may find the
parent,
guardian, or custodian in contempt.
If the court finds from clear and convincing evidence that
the child violated section 2151.87 of the Revised Code, the court
shall proceed in accordance with divisions (F) and (G) of that
section. If the court at the adjudicatory hearing finds from clear
and
convincing evidence that the child is an abused, neglected,
or
dependent child, the court shall proceed, in accordance with
division (B) of this section, to hold a dispositional hearing and
hear the evidence as to the proper disposition to be made under
section 2151.353 of the Revised Code. If the court at the
adjudicatory hearing finds beyond a reasonable doubt that the
child is a delinquent or unruly child or a juvenile traffic
offender, the court shall proceed immediately, or at a postponed
hearing, to hear the evidence as to the proper disposition to be
made under section 2151.354 or
Chapter 2152. of the Revised Code.
If the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is an unruly child for being an habitual
truant,
or that the child is an unruly child for being an habitual
truant
and that the parent, guardian, or other person having care
of the
child has failed to cause the child's attendance at school
in
violation of section 3321.38 of the Revised Code,
the court
shall proceed to hold a hearing to hear the evidence as to the
proper disposition to be made in regard to the child under
division
(C)(1) of section 2151.354 of the
Revised Code and the
proper action to take in regard
to the parent, guardian, or other
person having care of the child under
division (C)(2) of section
2151.354 of the Revised Code.
If the court at the adjudicatory
hearing finds beyond a reasonable
doubt that the child is a
delinquent child for being a chronic truant or
for being an
habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, or that the child is a
delinquent child for either of those reasons and the parent,
guardian, or
other person having care of the child has failed to
cause the
child's attendance at school in violation of section
3321.38 of
the Revised Code, the court shall proceed to hold a
hearing to
hear the evidence as to the proper disposition to be
made in regard to
the child under division
(A)(6)(a) of section
2152.19 of
the Revised Code
and the proper action to take in
regard to the
parent, guardian, or other person having care of the
child under division
(A)(6)(b) of section 2152.19 of
the Revised
Code.
If the court at the adjudicatory hearing finds beyond a
reasonable doubt that the child is a delinquent child for having
committed a violation of section 2909.09 of the Revised Code or a
substantially similar municipal ordinance, the court shall
make an
order of disposition in regard to the child in accordance
with
division (E)(2) of section 2152.19 of the Revised Code and shall
issue an order to the parent, guardian, or other person having
care of the child as described in that division. In addition, if
the court also finds by a preponderance of the evidence that the
child previously was adjudicated a delinquent child for committing
a violation of that section or a substantially similar municipal
ordinance and that the parent, guardian, or other person having
care of the child failed to prevent the latest violation, the
court also may
find the parent, guardian, or other person having
care of the
child in contempt of the court order issued regarding
the prior violation under division (E)(2)(b) of section 2152.19 of
the Revised Code and
may fine the parent, guardian, or other
person having care of
the child the amount specified in division
(E)(2)(c) of that section. If the court does not find the child to have violated section
2151.87 of the Revised Code or to be an abused, neglected,
dependent, delinquent, or unruly child or a juvenile traffic
offender, it shall order that the case be dismissed
and that
the
child be discharged from any detention or restriction
theretofore
ordered. (2) A record of all testimony and other oral proceedings in
juvenile court shall be made in all proceedings that are held
pursuant to section 2151.414 of the Revised Code or in which an
order of disposition may be made pursuant to division (A)(4) of
section 2151.353 of the Revised Code, and shall be made upon
request in any other proceedings. The record shall be made as
provided in section 2301.20 of the Revised Code. (3) The authority of a juvenile court to exclude the general
public from its hearings that is provided by division (A)(1) of
this section does not limit or affect any right of a victim of a
crime or
delinquent act, or of a victim's representative, under
Chapter 2930.
of the Revised Code.
(B)(1) If the court at an adjudicatory hearing determines
that a child is an abused, neglected, or dependent child, the
court shall not issue a dispositional order until after the court
holds a separate dispositional hearing. The court may hold the
dispositional
hearing for an adjudicated abused, neglected, or
dependent child
immediately after the
adjudicatory hearing if all
parties were served prior to the
adjudicatory hearing with all
documents required for the
dispositional hearing. The
dispositional hearing may not be held more
than thirty days after
the adjudicatory hearing is held. The
court, upon the request of
any party
or the guardian ad litem of the child, may continue a
dispositional hearing for a reasonable time not to exceed the
time
limits set forth in this division to enable a party to
obtain or
consult counsel. The dispositional hearing shall not
be held more
than ninety days after the date on which the
complaint in the case
was filed. If the dispositional hearing is not held within the period
of
time required by this division, the court, on its own motion
or
the motion of any party or the guardian ad litem of the child,
shall dismiss the complaint without prejudice. (2) The dispositional hearing shall be conducted in
accordance with all of the following: (a) The judge or referee who presided at the adjudicatory
hearing shall preside, if possible, at the dispositional hearing; (b) The court may admit any evidence that is material and
relevant, including, but not limited to, hearsay, opinion, and
documentary evidence; (c) Medical examiners and each investigator who prepared a
social history shall not be cross-examined, except upon consent
of
the parties, for good cause shown, or as the court in its
discretion may direct. Any party may offer evidence
supplementing, explaining, or disputing any information contained
in the social history or other reports that may be used by the
court in determining disposition. (3) After the conclusion of the dispositional hearing, the
court shall enter an appropriate judgment within seven days and
shall schedule the date for the hearing to be held pursuant to
section 2151.415 of the Revised Code. The court may make any
order of disposition that is set forth in section 2151.353 of the
Revised Code. A copy of the judgment shall be given to each
party
and to the child's guardian ad litem. If the judgment is
conditional, the order shall state the conditions of the
judgment.
If the child is not returned to the child's own
home, the court
shall determine which school district shall bear the cost
of the
child's education and shall comply
with section 2151.36 of the
Revised Code. (4) As part of its dispositional order, the court may
issue
any order described in division (B) of section 2151.33 of
the
Revised Code. (C) The court shall give all parties to the action and the
child's guardian ad litem notice of the adjudicatory and
dispositional hearings in accordance with the Juvenile Rules. (D) If the court issues an order pursuant to division
(A)(4)
of section 2151.353 of the Revised Code committing a child
to the
permanent custody of a public children services agency or
a
private child placing agency, the parents of the child whose
parental rights were terminated cease to be parties to the action
upon the issuance of the order. This division is not intended to
eliminate or restrict any right of the parents to appeal the
permanent custody order issued pursuant to division (A)(4) of
section 2151.353 of the Revised Code. (E) Each juvenile court shall schedule its hearings in
accordance with the time requirements of this chapter. (F) In cases regarding abused, neglected, or dependent
children, the court may admit any statement of a child that the
court determines to be excluded by the hearsay rule if the
proponent of the statement informs the adverse party of the
proponent's
intention to offer the statement and of the
particulars of the
statement, including the name of the declarant,
sufficiently in
advance of the hearing to provide the party with a
fair
opportunity to prepare to challenge, respond to, or defend
against the statement, and the court determines all of the
following: (1) The statement has circumstantial guarantees of
trustworthiness; (2) The statement is offered as evidence of a material
fact; (3) The statement is more probative on the point for which
it is offered than any other evidence that the proponent can
procure through reasonable efforts; (4) The general purposes of the evidence rules and the
interests of justice will best be served by the admission of the
statement into evidence. (G) If a child is alleged to be an abused child, the court
may order that the testimony of the child be taken by deposition.
On motion of the prosecuting attorney, guardian ad litem, or any
party, or in its own discretion, the court may order that the
deposition be videotaped. Any deposition taken under this
division shall be taken with a judge or referee present. If a deposition taken under this division is intended to be
offered as evidence at the hearing, it shall be filed with the
court. Part or all of the deposition is admissible in evidence
if
counsel for all parties had an opportunity and similar motive
at
the time of the taking of the deposition to develop the
testimony
by direct, cross, or redirect examination and the judge
determines
that there is reasonable cause to believe that if the
child were
to testify in person at the hearing, the child would
experience
emotional trauma as a result of participating at the hearing.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child. (2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required; (3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court; (b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement. (4) Commit the child to the custody of the
court; (5)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised
Code
or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(7) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code. (2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record. The copies of a victim
impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the
prosecuting attorney pursuant
to this division shall be returned to the
court by the person to
whom they were made available
immediately following the imposition
of an order of disposition for the
child under this chapter. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E)(1) If a child is adjudicated a delinquent child for
being a
chronic
truant or an habitual truant who previously has
been
adjudicated an
unruly child for being an habitual truant and
the
court determines that
the parent, guardian, or other person
having
care of the child has
failed to cause the child's
attendance at
school in violation of
section 3321.38 of the
Revised Code, in
addition to any
order of
disposition it makes
under this section,
the court shall warn the
parent, guardian, or
other person having
care of the child that
any subsequent
adjudication of the child as
an unruly or
delinquent child for
being an habitual or chronic
truant may
result in a criminal
charge against the parent,
guardian, or other
person having care
of the child for a violation
of division (C) of
section 2919.21 or
section 2919.24 of the
Revised Code.
(2) If a child is adjudicated a delinquent child for
committing a violation of section 2909.09 of the Revised Code or a
substantially similar municipal ordinance, all of the following
apply:
(a) The court shall make any order of disposition for the
child required by this chapter and in addition may make any order
of disposition for the child authorized by this chapter.
(b) In addition to any order of disposition it makes for
the child under this chapter, the court shall issue an order to
the parent, guardian, or other person having care of the child
requiring that parent, guardian, or other person to prevent the
child from committing another violation of that section or a
substantially similar ordinance. The order shall warn the parent,
guardian, or other person having care of the child that, if the
child subsequently is adjudicated a delinquent child for again
committing a violation of that section or a substantially similar
municipal ordinance, in relation to the subsequent adjudication,
the court may impose a fine of not more than twenty thousand
dollars on the parent, guardian, or other person having care of
the child for violation of the court order.
(c) If the child previously was adjudicated delinquent for
committing a violation of section 2909.09 of the Revised Code or a
substantially similar municipal ordinance and if the court also
finds by a preponderance of the evidence that the parent,
guardian, or other person having care of the child violated a
court order of the type described in division (E)(2)(b) of this
section that was imposed regarding the prior violation, in
addition to any order of disposition it makes for the child under
this chapter and in addition to the order it issues under division
(E)(2)(b) of this section, the court may impose a fine of not more
than twenty thousand dollars on the parent, guardian, or other
person having care of the child for violating the court order
imposed regarding the prior violation. Prior to imposing a fine
under this division, the court shall hear any testimony that the
parent, guardian, or other person having care of the child offers
that would explain why the parent, guardian, or other person
having care of the child was not able to prevent the child from
committing the subsequent violation. The court may hear this
testimony at the same proceeding during which the child is
adjudicated a delinquent child for committing the violation of
section 2909.09 of the Revised Code or a substantially similar
municipal ordinance or at a separate proceeding. In determining
the amount of a fine to be imposed under this division, the court
shall give due consideration to this testimony but shall assign
the probative value to the testimony that the court determines is
proper. All fines collected pursuant to this division shall be
deposited in the state treasury to the credit of the highway
operating fund created by section 5735.291 of the Revised Code and
shall be used and expended as described in section 5579.11 of the
Revised Code. (F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall inform the person, organization, or entity
that it is the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section 5139.13
of the Revised Code and shall encourage the
person, organization,
or entity to provide that treatment.
Sec. 2705.05. (A)
In
Except as provided in division (B) of
this section, in all contempt proceedings, the court
shall conduct
a hearing. At the hearing, the court shall
investigate the charge
and hear any answer or testimony that the
accused makes or offers
and shall determine whether the accused
is guilty of the contempt
charge. If the accused is found
guilty, the court may impose any
of the following penalties: (1) For a first offense, a fine of not more than two
hundred
fifty dollars, a definite term of imprisonment of not
more than
thirty days in jail, or both; (2) For a second offense, a fine of not more than five
hundred dollars, a definite term of imprisonment of not more than
sixty days in jail, or both; (3) For a third or subsequent offense, a fine of not more
than one thousand dollars, a definite term of imprisonment of not
more than ninety days in jail, or both. (B)
In determining whether to impose a fine for contempt
under division (E)(2)(b) of section 2152.19 of the Revised Code, a
juvenile court is not required to conduct a separate hearing as
required by division (A) of this section, but the court shall
comply with
the procedures described in division (E)(2)(b) of
section 2152.19
of the Revised Code prior to imposing the fine.
(C) In all contempt proceedings initiated pursuant to
section 2705.031 of the Revised Code against an employer, the
bureau of workers' compensation, an employer that is paying
workers' compensation benefits, a board, board of trustees, or
other governing entity of a retirement system, person paying or
distributing income to an obligor under a support order, or
financial institution that is ordered to withhold or deduct an
amount of money from the income or other assets of a person
required to pay support and that fails to withhold or deduct the
amount of money as ordered by the support order, the court also
may require the employer, the bureau of workers' compensation, an
employer that is paying workers' compensation benefits, a board,
board of trustees, or other governing entity of a retirement
system, person paying or distributing income to an obligor under
a
support order, or financial institution to pay the accumulated
support arrearages.
Sec. 2909.09. (A) As used in this section:
(1) "Highway" means any highway as defined in section
4511.01 of the Revised Code or any lane, road, street, alley,
bridge, or overpass.
(2) "Alley," "street," "streetcar," "trackless trolley,"
and "vehicle" have the same meanings as in section 4511.01 of the
Revised Code.
(3) "Vessel" and "waters in this state" have the same
meanings as in section 1547.01 of the Revised Code.
(B) No person shall knowingly, and by any means, drop or
throw any object at, onto, or in the path of any of the following:
(1) Any vehicle, streetcar, or trackless trolley on a
highway;
(2) Any boat or vessel on any of the waters in this state.
(C) Whoever violates this section is guilty of vehicular
vandalism. Except as otherwise provided in this division,
vehicular vandalism is a misdemeanor of the first degree. Except
as otherwise provided in this division, if the violation of this
section causes physical harm to property, vehicular vandalism is a
felony of the fifth degree. Except as otherwise provided in this
division, if the violation of this section creates a risk of
physical harm to any person or the violation of this section
causes physical harm to property and the value of the property so
harmed is five thousand dollars or more but less than one hundred
thousand dollars, vehicular vandalism is a felony of the fourth
degree. Except as otherwise provided in this division, if the
violation of this section causes physical harm to any person or
the violation of this section causes physical harm to property and
the value of the property so harmed is one hundred thousand
dollars or more, vehicular vandalism is a felony of the third
degree. If the violation of this section causes serious physical
harm to any person, vehicular vandalism is a felony of the second
degree.
Sec. 5579.11. All fines imposed under division (E)(2) of
section 2152.19 of the Revised
Code shall be deposited into the
state treasury to the credit of the highway operating fund created
by section 5735.291 of the Revised Code. Notwithstanding sections
5735.29 and 5735.291 of the Revised Code, the department of
transportation shall use the fine money so deposited in the
fund
to pay the cost of installing fences on highways, bridges,
and
overpasses that are part of the state highway system to
prevent
the dropping, throwing, hoisting, or transferring of
objects from
those locations.
The department shall expend all such money so deposited in
the fund in the department
of transportation district in which
occurred the violation of
section 2909.09 of the Revised Code or a
substantially similar
municipal ordinance that was the basis for
the contempt of court
charge that resulted in the imposition of
the fine.
Section 2. That existing sections 2151.28, 2151.35, 2152.19,
and 2705.05 of the Revised Code are hereby
repealed.
Section 3. Section 2151.28 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. S.B. 179 and Sub. S.B. 218 of
the 123rd General
Assembly.
Section 2151.35 of the Revised Code, scheduled
to take effect
January 1, 2002, is
presented in
this act as a
composite of the
section as amended by
both Am. Sub. S.B. 179 and
Sub. S.B. 218 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 4. There is hereby created the Highway, Bridge, and
Overpass Vandal Fence Task Force, consisting of the Governor or
the Governor's designee, one person appointed by the Director of
Transportation, one person appointed by the Director of Public
Safety, who shall be the Superintendent or a trooper of the
State
Highway Patrol, one person appointed by the Buckeye State
Sheriffs
Association, one person appointed by the Ohio Association
of
Chiefs of Police, one person appointed by the County Engineers
Association of Ohio, and three or more members of the public
appointed by
the Governor. The Governor or the Governor's
designee shall be
chairperson of the Task Force, and the Task
Force members shall
elect a vice-chairperson from among their
members and appoint a
secretary, who need not be a member of the
Task Force. A vacancy
shall be filled in the same manner as the
original appointment.
Members of the Task Force shall not receive
a salary, but the
three Task Force members the Governor appoints
shall be reimbursed
for the actual expenses they incur in
performing their duties as
Task Force members. The Task Force shall do all of the following: (A) Develop an awareness program with local law enforcement
officials and the Ohio Department of Transportation relative to
the problem of objects thrown from highways, bridges, and
overpasses; (B) Review and evaluate the overall situation regarding
objects thrown from highways, bridges, and overpasses, including
the types and number of objects thrown yearly, the perpetrators
involved, the locations within this state where such throwing has
occurred, and any other aspects of this criminal activity the Task
Force determines to be relevant and significant; (C) Facilitate communication between the Ohio Department of
Transportation and law enforcement agencies by developing a
central computer system to track these incidents; (D) Examine the value of the improved safety resulting from
the installation of vandal fences on all bridges and overpasses on
interstate freeways relative to the cost of such installation. The Task Force shall compile its findings and formulate
recommendations and report these to a joint House of
Representatives and Senate Transportation Committee not later than
September 30, 2003. The joint committee shall consist of eight
members, four from the Senate appointed by the President of the
Senate and four from the House of Representatives appointed by the
Speaker. After the Task Force presents its report, the Governor
may declare the end to the existence of the Task Force or may
declare that the Task Force will remain in existence for such
additional time as the Governor determines necessary. If the
Governor declares that the Task Force will remain in existence,
the Task Force shall examine any issues relating to the throwing
of objects from highways, bridges, and overpasses that the Task
Force chooses to examine, until the Governor declares the end to
the existence of the Task Force.
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