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(126th General Assembly)
(Amended Substitute House Bill Number 108)
AN ACT
To amend section 2930.01 and to enact section 2930.062 of the Revised Code to allow
certain victims of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident to receive the rights
of a victim under the Victim's Rights Law and to allow those victims to send notice of injury to the prosecutor.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 2930.01 be amended and section 2930.062 of the Revised Code be
enacted to read as follows:
Sec. 2930.01. As used in this chapter: (A) "Crime" means any of the following: (1) A felony; (2) A violation of section 2903.05, 2903.06, 2903.13,
2903.21,
2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the
Revised Code, a violation of section 2903.07 of the Revised Code
as it existed
prior to
the effective date of this amendment
March
23, 2000, or a violation of a
substantially equivalent municipal
ordinance; (3) A violation of division (A) or (B) of section 4511.19, division (A) or (B) of section 1547.11, or division (A)(3) of section 4561.15 of the
Revised Code or of a municipal ordinance substantially similar to any of those divisions
that is the proximate cause of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident in which
the victim receives injuries for which the victim receives medical
treatment either at the scene of the accident by emergency medical
services personnel or at a hospital, ambulatory care facility,
physician's office, specialist's office, or other medical care
facility.
(4) A motor vehicle accident to which both of the following apply: (a) The motor vehicle accident is caused by a violation of a provision of the Revised Code that is a misdemeanor of the first degree or higher. (b) As a result of the motor vehicle accident, the victim receives injuries for which the victim receives medical treatment either at the scene of the accident by emergency medical services personnel or at a hospital, ambulatory care facility, physician's office, specialist's office, or other medical care facility. (B) "Custodial agency" means one of the following: (1) The entity that has custody of a
defendant or an alleged
juvenile offender who is incarcerated for a
crime, is under
detention for the commission of a specified
delinquent act, or who
is detained after a finding
of incompetence to stand trial or not
guilty by reason of insanity relative to
a crime, including any of
the following: (a) The department of rehabilitation and correction or the
adult parole authority; (b) A county sheriff; (c) The entity that administers a jail, as defined in
section 2929.01 of the Revised Code; (d) The entity that administers a community-based
correctional
facility and program or a district community-based
correctional
facility and program; (e) The department
of mental health or other entity
to which
a defendant found incompetent to stand trial or not
guilty by
reason of insanity is committed. (2) The entity that has custody of an alleged juvenile
offender
pursuant to an order of disposition of a juvenile court,
including the department of youth services or a school, camp,
institution, or other facility operated for the care of
delinquent
children. (C) "Defendant" means a person who is alleged to be the
perpetrator of a
crime in a police report or in a complaint,
indictment, or information that charges the commission of a crime
and that provides the basis for the criminal prosecution and
subsequent proceedings to which this chapter makes reference. (D) "Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, or other
relative of a victim but does not include a person
who is charged
with, convicted of, or adjudicated
to be a delinquent child for
the crime or specified delinquent act
against the victim
or
another crime or specified delinquent act arising from the same
conduct, criminal episode,
or plan. (E) "Prosecutor" means one of the following: (1) With respect to a criminal case, it has the same meaning
as in
section 2935.01 of the Revised Code and also includes the
attorney general
and, when appropriate, the employees of
any
person listed in section 2935.01 of the Revised Code or of the
attorney
general. (2) With respect to a delinquency proceeding, it includes
any
person listed in division (C) of section 2935.01 of the
Revised Code or an employee of a person listed in that
division
who prosecutes a delinquency proceeding. (F) "Public agency" means an office, agency, department,
bureau, or other
governmental entity of the state or of
a
political subdivision of the state. (G) "Public official" has the same meaning as in section
2921.01 of the Revised Code. (H) "Victim" means
a
either of the following: (1) A person who is identified as the
victim of a crime or
specified delinquent act in a police report or in
a complaint,
indictment, or information that charges the commission of a crime
and that
provides the basis for the
criminal prosecution or
delinquency proceeding and subsequent
proceedings to which this
chapter makes reference.
(2) A person who receives injuries as a result of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident that is proximately caused by a violation described in division (A)(3) of this section or a motor
vehicle accident that is proximately caused by a violation
described in division (A)(4) of this section and who receives
medical treatment as described in division (A)(3) or (4) of this section, whichever is applicable. (I) "Victim's representative" means a member of the victim's
family or
another person who pursuant to the authority of section
2930.02 of the Revised
Code exercises the rights of a victim under
this chapter. (J) "Court" means a court of common pleas, juvenile court,
municipal court, or county court. (K) "Delinquency proceeding" means all proceedings in a
juvenile
court that are related to a case in which a complaint has
been filed alleging
that a child is a delinquent child. (L) "Case" means a delinquency proceeding and all related
activity or a criminal prosecution and all related activity. (M) The "defense" means the defense against criminal charges
in a
criminal prosecution or the defense against a delinquent
child complaint in a
delinquency proceeding. (N) The "prosecution" means the prosecution of criminal
charges
in a criminal prosecution or the prosecution of a
delinquent child complaint
in a delinquency proceeding. (O) "Specified delinquent act" means any of the following: (1) An act committed by a child that if committed by an
adult
would be a felony; (2) An act committed by a child that is a violation of a
section
listed in division (A)(1) or (2) of this section or is a
violation
of a substantially equivalent municipal ordinance; (3) An act committed by a child that is described in division (A)(3) or (4) of this section. (P)(1) "Alleged juvenile offender" means a child who is
alleged
to have committed a specified delinquent act in a police
report or in a
complaint in juvenile court that charges the
commission of a specified
delinquent act and that provides the
basis for the delinquency proceeding and
all subsequent
proceedings to which this chapter makes reference. (2) As used in divisions (O) and (P)(1) of this section,
"child"
has the same meaning as in section 2151.011 of the Revised
Code.
(Q) "Motor vehicle accident" means any accident involving a motor vehicle. (R) "Motor vehicle" has the same
meaning as in section 4509.01 of the Revised Code. (S) "Aircraft" has the same meaning as in section 4561.01 of the Revised Code.
(T) "Aquatic device" means any vessel, or any water skis, aquaplane, or similar device.
(U) "Vehicle," "streetcar," and "trackless trolley" have the same meanings as in section 4511.01 of the Revised Code.
(V) "Vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident" means any accident involving a vehicle, streetcar, trackless trolley, aquatic device, or aircraft.
(W) "Vessel" has the same meaning as in section 1547.01 of the Revised Code.
Sec. 2930.062. A victim described in division (H)(2) of section 2930.01 of the Revised Code may provide the prosecutor, or if it is a delinquency proceeding and a prosecutor is not involved in the case may provide the court, in the victim's case with written notification of the victim's injuries at any time. Upon receipt of the written notification, the prosecutor or court shall give the victim all of the information specified in division (B) of section 2930.06 if the prosecutor has not already done so.
SECTION 2. That existing section 2930.01 of the Revised Code
is hereby repealed.
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