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H. B. No. 120 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Chandler, Combs, Hughes, Otterman
A BILL
To amend section 2152.20 of the Revised Code to eliminate unnecessary and inconsistent language mistakenly retained by Sub. H.B. 241 of the 126th General Assembly and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2152.20 of the Revised Code be amended to read as follows:
Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter:
(1) Impose a fine in accordance with the following schedule:
(a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars;
(b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars;
(c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars;
(d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars;
(e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars;
(f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars;
(g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars;
(h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars;
(i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars;
(j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars;
(k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars.
(2) Require the child to pay costs;
(3) Unless the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau, require the child to make restitution to the victim of
the
child's delinquent act or juvenile traffic offense or, if the victim is deceased, to a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act or juvenile traffic offense.
The court may not require a child to make restitution pursuant to this division if the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau. If the court requires restitution under this
division, the restitution shall be made directly to
the victim in open court or to
the probation department that
serves the jurisdiction or the clerk
of courts on behalf of the
victim.
If the court requires restitution under this division, the restitution may be in the form
of a
cash reimbursement paid in a lump sum or in installments, the
performance of repair work to restore any damaged property to its
original condition, the performance of a reasonable amount of
labor for the victim or survivor of the victim, the performance of
community service work, any other form of restitution devised by
the court, or any combination of the previously described forms of
restitution.
If the court requires restitution under this division, the court may base the restitution order
on an
amount recommended by the victim or survivor of the victim,
the
delinquent child, the juvenile traffic offender, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the delinquent act or juvenile traffic offense. If the court decides to order restitution under this division and the amount of
the restitution is disputed
by the victim or survivor or by the
delinquent child or juvenile traffic offender, the court
shall hold a hearing on the
restitution. If the court requires restitution under this division, the court shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child or juvenile traffic offender. All restitution
payments shall be credited
against any recovery of economic loss
in a civil action brought by
or on behalf of the victim against
the delinquent child or juvenile traffic offender or the
delinquent child's or juvenile traffic offender's parent, guardian,
or other custodian.
If the court requires restitution under this division, the court may order that the delinquent child or juvenile traffic offender pay a
surcharge, in
an amount not exceeding five per cent of the amount
of restitution
otherwise ordered under this division, to the
entity responsible for
collecting and processing the restitution
payments.
The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child or juvenile traffic offender may
file a
motion, for modification of the payment terms of any
restitution ordered
under this division.
If the court
grants the motion, it may modify the payment terms as it
determines appropriate.
(4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following:
(a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee;
(b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(D)
of section 307.93,
division
(A) of section
341.19, division
(C) of
section
341.23
or
753.16, division (C) of section 2301.56, or
division
(B) of
section
341.14, 753.02,
753.04,
or
2947.19 of the
Revised Code.
(B) Chapter 2981. of the Revised Code applies to a child who is adjudicated a delinquent child for
violating
section 2923.32 or 2923.42 of the Revised Code or for committing an act that, if committed by an adult, would be a felony drug abuse offense.
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act in violation of section
2923.42 of
the Revised Code. Subject to division (B) of
section
2923.44 and division (E) of section 2923.45 of the
Revised Code, a
delinquent child of that nature loses any right to
the possession
of, and forfeits to the state any right, title, and interest
that
the
delinquent child may have in, property as defined in section
2923.41 of the Revised Code and
further described in section
2923.44
or 2923.45 of the Revised Code.
(C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section.
(D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor.
If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction.
(E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction;
(2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child.
(3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.
Section 2. That existing section 2152.20 of the Revised Code is hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect on July 1, 2007.
Section 4. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that it is crucial that this act's elimination of the unnecessary and inconsistent language occur on July 1, 2007, which is the effective date of Sub. H.B. 241 of the 126th General Assembly. Therefore, this act shall go into immediate effect.
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