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Sub. H. B. No. 49As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Hughes, Seitz, McGregor, Husted, Seaver, J. Stewart, Brinkman, Latta, Willamowski, Oelslager, Grendell, D. Evans, Brown, Collier, Barrett, Beatty, Cates, Chandler, Cirelli, Clancy, Daniels, DePiero, Domenick, Flowers, Hagan, Harwood, Jolivette, Key, Koziura, Niehaus, S. Patton, T. Patton, Perry, Price, Raussen, Reidelbach, Schneider, Sferra, Skindell, G. Smith, D. Stewart, Ujvagi, Webster
SENATORS Stivers, Austria
A BILL
To amend section 9.92 of the
Revised Code to permit a Board of County Commissioners
to enter into an agreement of affiliation with a
citizens' reward program and to require the
imposition of one dollar in additional court costs
to assist in the funding of affiliated citizens'
reward programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.92 of
the Revised Code be amended
to read as follows:
Sec. 9.92. (A) As used in this section, "citizens': (1) "Citizens' reward
program" means any organization that
satisfies all of the
following criteria: (1)(a) It is a nonprofit organization;
(2)(b) It is organized and operated exclusively to offer and
pay rewards to citizens for volunteering tips and information to
law enforcement agencies concerning felonies, offenses of
violence, or misdemeanors that have been committed;
(3)(c) It has established a reward fund to be used solely
for
the payment of rewards to citizens for volunteering tips and
information to law enforcement agencies concerning felonies,
offenses of violence, or misdemeanors that have been committed.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code. (B) A citizens' reward program may apply to the board of
county commissioners of any county or counties in which it
operates for recognition as the official reward program for that
county or counties. Upon receipt of the application, the board
of
county commissioners shall determine if it is in proper order
and
the information it contains is correct. If the application
meets
these criteria, the board, by resolution, may officially
recognize
the program. Recognition of a program by a county
under this
division qualifies the program for funding of its
reward fund
under division (E)(2) of section 2933.41 of the
Revised Code. No
more than one such reward program shall be
recognized in any
county. (C)(1) If a board of county commissioners enters into an
agreement of affiliation with a citizens' reward program pursuant
to division (D) of this section, any municipal court, county court, or court of common pleas within the county shall
impose the sum of one dollar as costs in any case in which a
person is convicted of or pleads guilty to any offense other than
a traffic offense. This one dollar
additional court costs is in addition to any other court costs
that the court is required by law to impose upon the offender, and, the court
shall impose the one dollar additional court costs as long as the agreement of
affiliation remains in effect, but the court, in the court's discretion, may remit this one dollar additional court costs to the offender. The clerk of
each court shall transmit all such moneys collected during a month
on or before the twentieth day of the following month to the
affiliated citizens' reward program.
(2) No person shall be placed or held in a detention
facility for failing to pay the additional one dollar court costs
that are required to be paid by division (C)(1) of
this section.
(3) A citizens' reward program receiving funds pursuant to
division (C)(1) of this section may use the funds for any
purpose described in division (A)(1)(b) or (c) of this section.
(D)(1) Any citizens' reward program that is recognized under
division (B) of this section may enter into a written agreement of
affiliation with a board of county commissioners in the county in
which the program operates. Agreements of affiliation executed
pursuant to this division shall be valid for two years and may be
renewed. The agreements shall do all of the following:
(a) Specify the relationship between the citizens' reward
program, the county, and law enforcement agencies in the county;
(b) Specify that the citizens' reward program shall account
annually to the board of county commissioners for all funds raised
by the organization from all sources and all funds expended by the
organization for any purpose; (c) Allow the citizens' reward program to itemize the
sources of funds raised without referring to the name of the source; (d) Prohibit the citizens' reward program from divulging the
identity of any person
to whom a reward was paid.
(2) In every county in which the board of county
commissioners approves of an agreement of affiliation, the board
shall notify the clerk of each municipal court, county court, and court of common pleas within the county of that
agreement of affiliation and of the duty to collect the additional
court costs imposed pursuant to division (C) of this
section.
(E) The recognition of a citizens' reward program under
this section does not make it a governmental unit for purposes of
section 149.43 of the Revised Code and does not subject it to the
disclosure provisions of that section. A board of county
commissioners that recognizes a citizens' reward program pursuant
to this section shall require the program to provide the board
with an accounting of all funds the program receives or disburses
subsequent to its recognition in order to maintain recognition. (D)(F) A board of county commissioners that recognizes a
citizens' reward program under this section may by resolution
revoke its recognition of the program. The board shall send a
copy of the resolution, upon adoption, to the program and to each
appropriate law enforcement agency that has jurisdiction over the
territory served by the program.
(E)(G) An application for recognition of a citizens' reward
program shall contain all of the following information:
(1) The name of the program and its mailing address; (2) The name and address of each of its officers or
officials; (3) Information sufficient to establish the intention and
ability of the program's officers to implement the program
throughout the county; (4) The purposes for which the program is organized and
operated and the services it offers; (5) A copy of the articles of incorporation and bylaws of
the program, if applicable, or a copy of the rules and procedures
under which the program is organized and operated; (6) Any other relevant information that the board of
county
commissioners requires, by resolution.
Section 2. That existing section 9.92 of the Revised Code is
hereby repealed.
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