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H. B. No. 15 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Foley, Fessler, Dodd, Lundy, Combs, Skindell, Strahorn, Brown, Williams, S., Yuko
A BILL
To amend sections 109.42, 109.73, 2317.02, 2743.191, 2901.13, 2921.22, 2923.01, and 2929.18 and to enact sections 109.44, 109.745, 109.746, 2305.117, 2307.54, 2905.31, 2905.32, 2905.33, 2905.34, 2929.181, 2930.21, 2930.22, and 2930.23 of the Revised Code relative to trafficking in persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 109.73, 2317.02, 2743.191, 2901.13, 2921.22, 2923.01, and 2929.18 be amended and sections 109.44, 109.745, 109.746, 2305.117, 2307.54, 2905.31, 2905.32, 2905.33, 2905.34, 2929.181, 2930.21, 2930.22, and 2930.23 of the Revised Code be enacted to read as follows: Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following: (1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code; (2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control; (3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses; (4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case; (5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case; (6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender; (7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child; (8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion; (9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services; (10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund; (11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult; (12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person; (13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, 2929.181, or 2929.28 of the Revised Code; (14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency; (15) The right of a victim of domestic violence
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code,
and the right of both types of victims to be accompanied by a victim advocate during court
proceedings; (16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered, the person's photograph,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated a sexual
predator,"
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code. (17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or pleads guilty to a sexually violent predator specification and who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code. (B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents. (b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times: (i) Upon first contact with the victim, the victim's family,
or
the victim's dependents; (ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents. If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address. (c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section. (2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections. (3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code. (C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section. (D) As used in this section: (1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code; (2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 109.44. (A) The attorney general, with assistance from the bureau of criminal identification and investigation, annually shall publish statistical data on violations of section 2905.32 of the Revised Code. The first annual publication of this data shall occur one year after the effective date of this section.
(B) Each state agency and each agency of each political subdivision that investigates violations of section 2905.32 of the Revised Code shall collect and submit to the bureau of criminal identification and investigation the following information relevant to those violations:
(1) The number of investigations, arrests, prosecutions, and successful convictions of persons for a violation of that section;
(2) The estimated number and demographic characteristics of persons violating section 2905.32 of the Revised Code, as well as those persons who purchase or receive a commercial sex act, sexually explicit performance, labor, or services from victims of violations of that section;
(3) Statistics on the number of victims of violations of that section and statistics on the nationality, age, method of recruitment, and country, state, or city of origin of the victims of violations of that section;
(4) Trafficking routes and trafficking patterns used in violations of that section;
(5) Methods of transportation used in violations of that section;
(6) Social and economic factors that contribute to and foster the demand for all forms of exploitation of persons that leads to trafficking in persons.
(C) As used in this section, "commercial sex act," "labor," "services," and "sexually explicit performance" have the same meanings as in section 2905.31 of the Revised Code.
Sec. 109.73. (A) The Ohio peace officer training
commission
shall recommend rules to the attorney general with respect to all
of the following: (1) The approval, or revocation of approval, of peace
officer training schools administered by the state, counties,
municipal corporations, public school districts, technical
college
districts, and the department of natural resources; (2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state,
county,
municipal, and department of natural resources peace
officer
training schools; (3) Minimum qualifications for instructors at approved
state, county, municipal, and department of natural resources
peace officer training schools; (4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements
shall
include a minimum of fifteen hours of training in the
handling of
the offense of domestic violence, other types of
domestic
violence-related offenses and incidents, and protection
orders and
consent agreements issued or approved under section
2919.26 or
3113.31 of the Revised Code; a minimum of six hours of
crisis
intervention training; and a specified amount of training
in the
handling of missing children and child abuse and neglect
cases; and a specified amount of training in handling violations of section 2905.32 of the Revised Code;
and the time within which such basic training shall be
completed
following appointment to a probationary term; (5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include a minimum of fifteen hours of training
in the handling of the offense of domestic violence, other types
of domestic violence-related offenses and incidents, and
protection orders and consent agreements issued or approved under
section 2919.26 or 3113.31 of the Revised Code, a minimum of six
hours of crisis intervention training, and a specified amount of
training in the handling of missing children and child abuse and
neglect cases, and a specified amount of training in handling violations of section 2905.32 of the Revised Code, and the time within which such basic training
shall
be completed following appointment on other than a
permanent
basis; (6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and in handling violations of section 2905.32 of the Revised Code, and minimum courses of study and attendance
requirements with respect to such categories or classifications; (7) Permitting persons, who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code; who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; who are appointed and
commissioned as bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions police officers,
as railroad police officers, or as hospital
police officers
pursuant
to sections 4973.17 to 4973.22 of the Revised Code; or who are appointed and commissioned as amusement park police officers pursuant to section 4973.17 of the Revised Code, to
attend
approved peace officer training schools, including the
Ohio peace
officer training academy, and to receive certificates
of
satisfactory completion of basic training programs, if the
private
college or university that established the campus police
department; qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions;
railroad company; hospital; or amusement park sponsoring the police
officers pays
the entire cost of the training and certification
and if trainee
vacancies are available; (8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification; (9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state
and
for criminal investigators employed by the state public
defender
that those persons shall complete before they may carry
a firearm
while on duty; (b) The requirements for any training received by a
bailiff
or deputy bailiff of a court of record of this state or
by a
criminal investigator employed by the state public defender
prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section. (10) Establishing minimum qualifications and requirements
for certification for dogs utilized by law enforcement agencies; (11) Establishing minimum requirements for certification
of
persons who are employed as correction officers in a
full-service
jail, five-day facility, or eight-hour holding
facility or who
provide correction services in such a jail or
facility; (12) Establishing requirements for the training of agents of a county humane society under section 1717.06 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices. (B) The commission shall appoint an executive director,
with
the approval of the attorney general, who shall hold office
during
the pleasure of the commission. The executive
director shall
perform such duties assigned by the
commission. The
executive director
shall receive a salary fixed pursuant to
Chapter 124. of the
Revised Code and reimbursement for expenses
within the amounts
available by appropriation. The executive
director may appoint
officers, employees, agents, and consultants
as the executive
director considers
necessary, prescribe their
duties, and provide for reimbursement
of their expenses within the
amounts available for reimbursement
by appropriation and with the
approval of the
commission. (C) The commission may do all of the following: (1) Recommend studies, surveys, and reports to be made by
the executive director regarding the carrying out of the
objectives and purposes of sections 109.71 to 109.77 of the
Revised Code; (2) Visit and inspect any peace officer training school
that
has been approved by the executive director or for which
application for approval has been made; (3) Make recommendations, from time to time, to the
executive director, the attorney general, and the general
assembly
regarding the carrying out of the purposes of sections
109.71 to
109.77 of the Revised Code; (4) Report to the attorney general from time to time, and
to
the governor and the general assembly at least annually,
concerning the activities of the commission; (5) Establish fees for the services the commission
offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and
testing; (6) Perform such other acts as are necessary or
appropriate
to carry out the powers and duties of the
commission as
set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12) of this section, the commission may consider any portions of the curriculum for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane agent for appointment under section 1717.06 of the Revised Code.
Sec. 109.745. (A) The attorney general shall provide training for peace officers in investigating and handling violations of section 2905.32 of the Revised Code. The training shall include all of the following:
(1) Identifying violations of section 2905.32 of the Revised Code;
(2) Methods used in identifying victims of violations of section 2905.32 of the Revised Code who are citizens of the United States or a foreign country, including preliminary interviewing techniques and appropriate questioning methods;
(3) Methods for prosecuting persons who violate section 2905.32 of the Revised Code;
(4) Methods of increasing effective collaboration with nongovernmental organizations and other social service organizations in the course of a criminal action regarding a violation of section 2905.32 of the Revised Code;
(5) Methods for protecting the rights of victims of violations of section 2905.32 of the Revised Code, including the need to consider human rights and the special needs of women and children who are victims of violations of that section and to treat victims as victims rather than as criminals;
(6) Methods for promoting the safety of victims of violations of section 2905.32 of the Revised Code, including the training of peace officers to quickly recognize victims of a violation of that section who are citizens of the United States or citizens of a foreign country.
(B) Any organization, person, or other governmental agency with an interest and expertise in trafficking in persons may submit information or materials to the attorney general regarding the development and presentation of the training required under this section. The attorney general, in developing the training required by this section, shall consider any information submitted pursuant to this division.
Sec. 109.746. (A) The attorney general shall prepare public awareness programs that are designed to educate potential victims of violations of section 2905.32 of the Revised Code and their families of the risks of becoming a victim of a violation of that section. The public awareness programs shall include the following information:
(1) Information about the risks of becoming a victim of a violation of section 2905.32 of the Revised Code, including information about common recruitment techniques, use of debt bondage and other coercive tactics, the risk of maltreatment, rape, exposure to HIV and AIDS and other sexually transmitted diseases, and the psychological harm related to being a victim of a violation of that section;
(2) Information about the risks of engaging in a commercial sex act and the possible consequences;
(3) Information about victim's rights as well as methods for reporting suspected recruitment activities regarding a violation of that section;
(4) Information on telephone hotlines for victims of violations of section 2905.32 of the Revised Code and available services to victims of a violation of that section.
(B) The attorney general shall prepare and disseminate public awareness materials to educate the public on the extent of trafficking in persons within the United States and to discourage the demand that fosters the exploitation of persons and that leads to trafficking in persons. The public awareness materials may include information on the impact of trafficking in persons on individual victims who are either citizens of the United States or citizens of a foreign country, aggregate information on trafficking worldwide and domestically, as well as warnings of the potential for criminal consequences for participating in trafficking in persons. The materials may include pamphlets, brochures, posters, advertisements, and any other appropriate methods.
(C) The programs and materials described in this section may include information on the impact of trafficking in persons on individual victims, but any information regarding the experiences of those individual victims shall be confidential.
(D) The attorney general shall periodically evaluate all public awareness programs and materials under this section to ensure the programs' and materials' effectiveness. (E) Any organization, person, or other governmental agency with an interest and expertise in trafficking in persons may submit information or materials to the attorney general regarding the preparation of the programs and materials required under this section. The attorney general, in developing the programs and materials required by this section, shall consider any information submitted pursuant to this division. (F) As used in this section, "commercial sex act" and "debt bondage" have the same meanings as in section 2905.31 of the Revised Code.
Sec. 2305.117. An action brought pursuant to section 2307.54 of the Revised Code shall be brought within ten years after the cause of action accrues. For purposes of this section, if the victim of a violation of section 2905.32 of the Revised Code is a minor at the time of the violation, a cause of action brought pursuant to section 2307.54 of the Revised Code accrues upon the date on which the victim reaches the age of majority.
Sec. 2307.54. A person who suffers injury or loss to person or property as a result of an act committed in violation of section 2905.32 of the Revised Code has a civil action against the offender and may recover in that action full compensatory damages, punitive or exemplary damages, court costs, other reasonable expenses incurred in maintaining that action, and the reasonable attorney's fees incurred in maintaining that action.
Sec. 2317.02. The following persons shall not testify in
certain respects: (A) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to
a client, except
that the attorney may testify by express consent
of the client
or, if the client is deceased, by the express
consent of the
surviving spouse or the executor or administrator
of the estate
of the deceased client. However, if the
client voluntarily
testifies or is deemed by section 2151.421 of
the Revised Code to
have waived any testimonial privilege under
this division, the
attorney may be compelled to testify on the
same subject. The testimonial privilege established under this division does not apply concerning a communication between a client who has since died and the deceased client's attorney if the communication is relevant to a dispute between parties who claim through that deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased client when the deceased client executed a document that is the basis of the dispute or whether the deceased client was a victim of fraud, undue influence, or duress when the deceased client executed a document that is the basis of the dispute. (B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the
physician's or dentist's advice to a
patient, except as
otherwise provided in this division, division (B)(2), and
division
(B)(3) of this section, and except that, if the patient
is deemed
by section 2151.421 of the Revised Code to have waived
any
testimonial privilege under this division, the physician may
be
compelled to testify on the same subject. The testimonial privilege established under this division
does not
apply, and a physician or dentist may testify or may be
compelled
to testify, in any of the following circumstances: (a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of
the Revised Code, under any of the following circumstances: (i) If the patient or the guardian or other legal
representative of the patient gives express consent; (ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives
express consent; (iii) If a medical claim, dental claim, chiropractic
claim,
or optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type of
civil
action, or a claim under Chapter 4123. of the Revised Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (b) In any civil action concerning court-ordered treatment
or services
received by a patient, if the court-ordered treatment
or services were ordered
as part of a case plan journalized under
section 2151.412 of the Revised Code or the
court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under
Chapter 2151. of the Revised Code. (c) In any criminal action concerning any test or the
results of any test that determines the presence or concentration
of alcohol,
a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in the patient's whole blood, blood serum or plasma, breath, urine, or other bodily substance at any
time
relevant to the criminal offense in question. (d) In any criminal action against a physician
or dentist.
In such an action, the testimonial privilege
established under
this division does not prohibit the admission
into evidence, in
accordance with the
Rules of
Evidence, of a patient's
medical or
dental records or other communications between a
patient and the
physician or dentist that are related to the
action and obtained
by subpoena, search warrant, or other lawful
means. A court that
permits or compels a physician or dentist
to testify in such an
action or permits the introduction into
evidence of patient
records or other communications in such an
action shall require
that appropriate measures be taken to
ensure that the
confidentiality of any patient named or
otherwise identified in
the records is maintained. Measures to
ensure confidentiality
that may be taken by the court include
sealing its records or
deleting specific information from its
records. (e)(i) If the communication was between a patient who has since died and the deceased patient's physician or dentist, the communication is relevant to a dispute between parties who claim through that deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction, and the dispute addresses the competency of the deceased patient when the deceased patient executed a document that is the basis of the dispute or whether the deceased patient was a victim of fraud, undue influence, or duress when the deceased patient executed a document that is the basis of the dispute. (ii) If neither the spouse of a patient nor the executor or administrator of that patient's estate gives consent under division (B)(1)(a)(ii) of this section, testimony or the disclosure of the patient's medical records by a physician, dentist, or other health care provider under division (B)(1)(e)(i) of this section is a permitted use or disclosure of protected health information, as defined in 45 C.F.R. 160.103, and an authorization or opportunity to be heard shall not be required. (iii) Division (B)(1)(e)(i) of this section does not require a mental health professional to disclose psychotherapy notes, as defined in 45 C.F.R. 164.501. (iv) An interested person who objects to testimony or disclosure under division (B)(1)(e)(i) of this section may seek a protective order pursuant to Civil Rule 26. (v) A person to whom protected health information is disclosed under division (B)(1)(e)(i) of this section shall not use or disclose the protected health information for any purpose other than the litigation or proceeding for which the information was requested and shall return the protected health information to the covered entity or destroy the protected health information, including all copies made, at the conclusion of the litigation or proceeding. (2)(a) If any law enforcement officer submits a written
statement to a health
care provider that states that an official
criminal investigation has begun
regarding a specified person or
that a criminal action or proceeding has been
commenced against a
specified person, that requests the provider to supply to
the
officer copies of any records the provider possesses that pertain
to any
test or the results of any test administered to the
specified person to
determine the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at any time
relevant to the
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent
specifically
prohibited by any law of this state or of the United
States, shall supply to
the officer a copy of any of the requested
records the provider possesses. If
the health care provider does
not possess any of the requested records, the
provider shall give
the officer a written statement that indicates that the
provider
does not possess any of the requested records. (b) If a health care provider possesses any records of the
type described in
division (B)(2)(a) of this section regarding the
person in question at any
time relevant to the criminal offense in
question, in lieu of personally
testifying as to the results of
the test in question, the custodian of the
records may submit a
certified copy of the records, and, upon its submission,
the
certified copy is qualified as authentic evidence and may be
admitted as
evidence in accordance with the Rules of Evidence.
Division (A) of section
2317.422 of the Revised Code does not
apply to any certified copy of records
submitted in accordance
with this division. Nothing in this division shall be
construed
to limit the right of any party to call as a witness the person
who
administered the test to which the records pertain, the person
under whose
supervision the test was administered, the custodian
of the records, the
person who made the records, or the person
under whose supervision the records
were made. (3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or
dentist's advice to the
patient in question, that
related causally or historically to
physical or mental injuries
that are relevant to issues in the
medical claim, dental claim,
chiropractic claim, or optometric
claim, action for wrongful
death, other civil action, or claim
under Chapter 4123. of the
Revised Code. (b) If the testimonial privilege described in division
(B)(1) of this section
does not apply to a physician or dentist as
provided in division
(B)(1)(c) of
this section, the physician or
dentist, in lieu of personally testifying as to
the results of the
test in question, may submit a certified copy of those
results,
and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance
with the Rules of
Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply
to any certified copy of results
submitted in accordance with this division.
Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person
under whose supervision the test was
administered, the custodian of the
results
of the test, the person
who compiled the results, or the person under whose
supervision
the results were compiled. (4) The testimonial privilege
described in division (B)(1)
of this section is not waived when a
communication is made by a
physician to a pharmacist or when there
is communication between a
patient and a pharmacist in furtherance
of the physician-patient
relation. (5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose,
treat, prescribe, or act for a patient. A
"communication" may
include, but is not limited to, any medical
or dental, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis. (b) As used in division (B)(2) of this section,
"health care
provider"
means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner. (c) As used in division (B)(5)(b) of this section: (i)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory health care facility" does not include the
private
office of a physician or dentist, whether the office is
for an
individual or group practice. (ii)
"Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code. (iv)
"Hospital" has the same meaning as in section 3727.01
of
the Revised Code. (v)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code.
(d) As used in divisions (B)(1) and (B)(2) of this section, "drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. (6) Divisions (B)(1), (2), (3), (4),
and (5) of this section
apply
to doctors of medicine, doctors of osteopathic medicine,
doctors
of podiatry, and dentists. (7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 of the Revised Code or the immunity from civil liability conferred by section 2305.33 of the
Revised Code
upon physicians who report an employee's use of a
drug of abuse,
or a condition of an employee other than one
involving the use of
a drug of abuse, to the employer of the
employee in accordance
with division (B) of that section. As used
in division
(B)(7) of this section,
"employee,"
"employer," and
"physician" have the same meanings as
in section 2305.33 of the
Revised Code. (C)(1) A cleric, when the cleric remains accountable to
the authority
of that cleric's church, denomination, or sect, concerning a
confession
made, or any information confidentially communicated,
to the
cleric for
a
religious counseling purpose in the
cleric's professional character. The cleric
may testify
by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust and except that, if the person voluntarily testifies or is deemed by division (A)(4)(c) of section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the cleric may be compelled to testify on the same subject except when disclosure of the information is in violation of a sacred trust. (2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest, Christian science Science practitioner, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential communication made to a cleric in the cleric's ecclesiastical capacity in the course of discipline enjoined by the church to which the cleric belongs, including, but not limited to, the Catholic Church, if both of the following apply:
(i) The confession or confidential communication was made directly to the cleric.
(ii) The confession or confidential communication was made in the manner and context that places the cleric specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. (D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act
done, in the known presence or hearing of a third person
competent
to be a witness; and such rule is the same if the
marital relation
has ceased to exist; (E) A person who assigns a claim or interest, concerning
any
matter in respect to which the person would not, if a
party, be
permitted to testify; (F) A person who, if a party, would be restricted
under
section 2317.03 of the Revised Code, when the
property or thing is
sold or transferred by an executor,
administrator, guardian,
trustee, heir, devisee, or legatee,
shall be restricted in the
same manner in any action or
proceeding concerning the property or
thing. (G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for
in section 3319.22 of the Revised Code, a trafficking-in-persons caseworker, a person
licensed under
Chapter 4757. of the Revised Code
as a professional clinical
counselor, professional counselor,
social worker, independent
social worker, marriage and family therapist or, independent marriage and family therapist, or a person registered under Chapter 4757. of the Revised
Code as a
social work assistant concerning a confidential
communication received from a
client in that relation or
the
person's advice to a client unless any of
the following applies: (a) The communication or advice indicates clear and
present
danger to the client or other persons. For the purposes
of this
division, cases in which there are indications of present
or past
child abuse or neglect of the client constitute a clear
and
present danger. (b) The client gives express consent to the testimony. (c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent. (d) The client voluntarily testifies, in which case the
school guidance counselor, trafficking-in-persons caseworker, or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on
the same subject. (e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client, trafficking-in-persons caseworker-client, marriage and family therapist-client,
or social worker-client relationship. (f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after
an in-camera inspection that the testimony of the school
guidance
counselor is relevant to that action. (g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case
plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or
services are necessary or
relevant to dependency, neglect, or abuse or
temporary or
permanent custody proceedings under
Chapter 2151.
of the
Revised
Code. (2) Nothing in division (G)(1) of this section shall
relieve
a
school guidance counselor, trafficking-in-persons caseworker, or a person licensed or registered
under Chapter
4757. of the Revised Code
from the requirement to
report information concerning
child abuse or neglect under section
2151.421 of the Revised Code. (3) As used in this section, "trafficking-in-persons caseworker" means a person who has received specialized training in the counseling of victims of a violation of section 2905.32 of the Revised Code and who meets one of the following requirements:
(a) The person has a master's degree in counseling or a related field or has one year of counseling experience, at least six months of which is in the counseling of victims of a violation of section 2905.32 of the Revised Code.
(b) The person has at least forty hours of training in counseling victims of a violation of section 2905.32 of the Revised Code and is supervised by an individual who satisfies division (G)(3)(a) of this section.
(c) The person is a psychotherapist. (H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child
neglect, or dependent child action or proceeding, that is
brought
by or against either parent who takes part in mediation
in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children; (I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of
the Revised Code or Title II of
the
"Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication
made through a telecommunications
relay service.
Nothing in this
section shall limit the obligation of a
communications assistant
to divulge information or testify when mandated by
federal law or
regulation or pursuant to subpoena in a criminal proceeding. Nothing in this section shall limit any immunity or
privilege
granted under federal law or regulation. (J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the
chiropractor's advice to a patient, except as
otherwise provided in this
division. The testimonial privilege
established under this division does not
apply, and a chiropractor
may testify or may be compelled
to testify, in any civil action,
in accordance with the discovery
provisions of the Rules of Civil
Procedure in
connection with a
civil action, or in connection with
a claim under Chapter 4123.
of the Revised Code, under any of the
following
circumstances: (a) If the patient or the guardian or other legal
representative of the patient gives express consent. (b) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent. (c) If a medical claim, dental claim, chiropractic
claim, or
optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type
of
civil
action, or a claim under Chapter 4123. of the Revised
Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (2) If the testimonial privilege described in division
(J)(1) of this section does not apply as provided in division
(J)(1)(c) of this section, a chiropractor may be
compelled to
testify or to submit to discovery under the Rules of
Civil
Procedure only as to a communication made to the
chiropractor by
the patient in question in that relation, or the
chiropractor's
advice to the
patient in question, that related causally or
historically to
physical or mental injuries that are relevant to
issues in the
medical claim, dental claim, chiropractic claim, or
optometric
claim, action for wrongful death, other civil action,
or claim
under Chapter 4123. of the Revised Code. (3) The testimonial privilege established under this
division does not
apply, and a chiropractor may testify or be
compelled to testify, in any
criminal action or administrative
proceeding. (4) As used in this division (J) of this section,
"communication" means
acquiring,
recording, or transmitting any information, in any
manner, concerning
any facts, opinions, or statements necessary to
enable a chiropractor to
diagnose, treat, or act for a
patient.
A
communication may
include, but is not limited to, any
chiropractic, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
(K)(1) Except as provided under division (K)(2) of this section, a critical incident stress management team member concerning a communication received from an individual who receives crisis response services from the team member, or the team member's advice to the individual, during a debriefing session.
(2) The testimonial privilege established under division (K)(1) of this section does not apply if any of the following are true:
(a) The communication or advice indicates clear and present danger to the individual who receives crisis response services or to other persons. For purposes of this division, cases in which there are indications of present or past child abuse or neglect of the individual constitute a clear and present danger.
(b) The individual who received crisis response services gives express consent to the testimony. (c) If the individual who received crisis response services is deceased, the surviving spouse or the executor or administrator of the estate of the deceased individual gives express consent.
(d) The individual who received crisis response services voluntarily testifies, in which case the team member may be compelled to testify on the same subject.
(e) The court in camera determines that the information communicated by the individual who received crisis response services is not germane to the relationship between the individual and the team member. (f) The communication or advice pertains or is related to any criminal act. (3) As used in division (K) of this section: (a) "Crisis response services" means consultation, risk assessment, referral, and on-site crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster. (b) "Critical incident stress management team member" or "team member" means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in the Ohio critical incident stress management network. (c) "Debriefing session" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster. (L)(1) Subject to division (L)(2) of this section and except
as provided in division (L)(3) of this section, an employee
assistance professional, concerning a communication made to the
employee assistance professional by a client in the employee
assistance professional's official capacity as an employee
assistance professional.
(2) Division (L)(1) of this section applies to an employee
assistance professional who meets either or both of the following
requirements:
(a) Is certified by the employee assistance certification
commission to engage in the employee assistance profession;
(b) Has education, training, and experience in all of the
following:
(i) Providing workplace-based services designed to address
employer and employee productivity issues;
(ii) Providing assistance to employees and employees'
dependents in identifying and finding the means to resolve
personal problems that affect the employees or the employees'
performance; (iii) Identifying and resolving productivity problems
associated with an employee's concerns about any of the following
matters: health, marriage, family, finances, substance abuse or
other addiction, workplace, law, and emotional issues; (iv) Selecting and evaluating available community resources;
(v) Making appropriate referrals;
(vi) Local and national employee assistance agreements;
(vii) Client confidentiality.
(3) Division (L)(1) of this section does not apply to any
of the following:
(a) A criminal action or proceeding involving an offense
under sections 2903.01 to 2903.06 of the Revised Code if the
employee assistance professional's disclosure or testimony relates
directly to the facts or immediate circumstances of the offense;
(b) A communication made by a client to an employee
assistance professional that reveals the contemplation or
commission of a crime or serious, harmful act;
(c) A communication that is made by a client who is an
unemancipated minor or an adult adjudicated to be incompetent and
indicates that the client was the victim of a crime or abuse; (d) A civil proceeding to determine an individual's mental
competency or a criminal action in which a plea of not guilty by
reason of insanity is entered;
(e) A civil or criminal malpractice action brought against
the employee assistance professional;
(f) When the employee assistance professional has the
express consent of the client or, if the client is deceased or
disabled, the client's legal representative;
(g) When the testimonial privilege otherwise provided by
division (L)(1) of this section is abrogated under law.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes: (a) The
payment of awards of reparations that are granted by
the attorney
general; (b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code; (c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code; (d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general; (e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code; (f) The costs of investigation and decision-making as
certified by the
attorney general; (g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code; (h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code; (i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code; (j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code; (k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year; (m) The costs of administering the adult parole authority's supervision of sexually violent predators with an active global positioning system device pursuant to section 2971.05 of the Revised Code; (n) The costs of providing the services to victims of violations of section 2905.32 of the Revised Code pursuant to sections 2930.22 and 2930.23 of the Revised Code. (2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund. (B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official: (1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the amount of the award is fifty dollars or more. (2) The expense shall be charged against all available
unencumbered moneys in the fund. (3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations. (4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid. (C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section. (D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2901.13. (A)(1) Except as provided in
division (A)(2) or (3) of this section or as otherwise provided
in this
section, a prosecution shall be barred unless it is commenced
within the following periods after an offense is committed: (a) For a felony,
six years; (b) For a misdemeanor other than a minor misdemeanor, two
years; (c) For a minor misdemeanor, six months. (2) There is no period of limitation for the prosecution of
a violation of section 2903.01 or 2903.02 of the Revised Code. (3) Except as otherwise provided in divisions (B) to (H)(J)
of this section, a prosecution of any of the following offenses shall be
barred unless
it is commenced within twenty years after the offense is committed: (a) A violation of section 2903.03, 2903.04, 2905.01, 2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a violation of
section 2903.11 or 2903.12 of the Revised Code if the victim is
a peace officer, a violation of section 2903.13 of the Revised Code that is a
felony, or a
violation of former section 2907.12 of the Revised Code; (b) A conspiracy to commit, attempt to commit, or complicity in
committing a violation set forth in division (A)(3)(a)
of this section. (B) If the period of limitation provided in division (A)(1)
or (3)
of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary
duty, within one year after discovery of the offense either by an
aggrieved person, or by the aggrieved person's legal
representative who is not
a party to the offense. (C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
commenced for
an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while
the accused remains a public servant, or within two years
thereafter. (D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first. (E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same. (F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered. (G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed
the accused's
identity or whereabouts is prima-facie evidence of the
accused's purpose to
avoid prosecution. (H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal. (I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs: (1) The victim of the offense reaches the age of majority. (2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred. (J) The period of limitation for a violation of section 2905.32 of the Revised Code that involves a child under eighteen years of age shall not begin to run until the victim of the offense reaches the age of majority. (K) As used in this section, "peace officer" has the same meaning
as in section 2935.01 of the Revised Code.
Sec. 2905.31. As used in sections 2905.31 to 2905.34 of the Revised Code:
(A) "Commercial sex act" means any sex act on account of which anything of value is directly or indirectly given, promised to, or received by any person.
(B) "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personal services or those of a person under the debtor's control as security for a debt if the value of those services is not applied toward the liquidation of the debt or if the length or nature of those services is not limited and defined.
(C) "Financial harm" includes activity that would be a violation of section 2905.22 of the Revised Code and employment contracts that violate Chapter 1335. of the Revised Code. (D) "Labor" means work of economic or financial value.
(E) "Organization" has the same meaning as in section 2901.23 of the Revised Code. (F) "Pattern of trafficking in persons" means that both of the following apply:
(1) A person has committed two or more instances of trafficking in persons, whether or not there has been a prior conviction or guilty plea, that are not so closely related to each other and connected in time and place that they constitute a single event.
(2) At least one of the incidents forming the pattern of trafficking in persons occurs on or after the effective date of this section.
(G) "Services" means an ongoing relationship between persons in which a person performs activities at the behest of, under the supervision of, or for the benefit of another person.
(H) "Sexually explicit performance" means a live, public, private, photographed, recorded, or videotaped act intended to sexually arouse, satisfy the sexual desires of, or appeal to the prurient interests of any person. (I) "Trafficking in persons" means that a person knowingly does either of the following:
(1) Engages in, attempts to engage in, conspires to engage in, or recruits, lures, entices, harbors, transports, provides, or obtains or attempts to recruit, lure, entice, harbor, transport, provide, or obtain another person to engage in a violation of section 2905.01, 2905.02, 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or a violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, or any existing or former law of any nation other than the United States that is or was substantially equivalent to one of these offenses and either of the following applies:
(a) For an adult victim, the offender recruited, lured, enticed, harbored, transported, provided, or obtained or attempted to recruit, lure, entice, harbor, transport, provide, or obtain the victim for the purpose of engaging in a commercial sex act, a sexually explicit performance, labor, or services by doing one of the following:
(i) By causing or threatening to cause serious bodily harm to the victim or another person;
(ii) By physically restraining the victim or another person;
(iii) By knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;
(iv) By means of the abuse or threatened abuse of the law or legal process;
(vi) By deception or fraud;
(viii) By causing or threatening to cause financial harm to any person;
(ix) By facilitating or controlling a person's access to any addictive controlled substance; (x) By causing any scheme, plan, or pattern to cause a person to believe that if the person does not perform a commercial sex act, sexually explicit performance, labor, or services that person will suffer serious physical harm or unlawful restraint.
(b) If the victim is a minor, the offender recruited, lured, enticed, harbored, transported, provided, or obtained or attempted to recruit, lure, entice, harbor, transport, provide, or obtain the victim for the purpose of engaging in a commercial sex act, a sexually explicit performance, labor, or services by any means.
(2) Benefits financially or receives anything of value from participation as an organizer, supervisor, financier, or manager in a scheme or course of conduct described in division (H)(1) of this section.
Sec. 2905.32. (A) No person shall engage in a pattern of trafficking in persons.
(B) Whoever violates this section is guilty of trafficking in persons, a felony of the first degree.
(C) Evidence of any of the following does not constitute a defense to a violation of this section:
(1) The victim's sexual history or history of performing a commercial sex act;
(2) The victim's connection by blood or marriage to the defendant;
(3) Consent of or permission by the victim or any other person on the victim's behalf to performing a commercial sex act or a sexually explicit performance;
(D) In addition to any other penalty or disposition authorized or required by law, the court shall order any person who is convicted of, pleads guilty to, or is adjudicated a delinquent child for a violation of division (A) of this section to forfeit any proceeds, as defined in section 2981.01 of the Revised Code, that were derived from or acquired through the commission of a violation of division (A) of this section. The provisions of Chapter 2981. of the Revised Code shall govern the forfeiture of the proceeds described in this division except that proceeds forfeited under that chapter for the commission of a violation of division (A) of this section shall first be used to pay restitution to the victim of a violation of division (A) of this section as provided in section 2929.181 of the Revised Code, as well as to pay any punitive or exemplary damages awarded to that victim in a civil action filed pursuant to section 2307.54 of the Revised Code.
Sec. 2905.33. (A) An organization that knowingly aids a person in or participates in a violation of section 2905.32 of the Revised Code is criminally liable in accordance with section 2901.23 of the Revised Code.
(B) In addition to any fine imposed under section 2901.23 of the Revised Code, if an organization is convicted of violating section 2905.32 of the Revised Code, the court may do any of the following:
(1) Order the dissolution or reorganization of the organization;
(2) Order the suspension or revocation of any license, permit, or prior approval granted to the organization by any state agency;
(3) Order the surrender of the organization's charter if the organization is organized under the laws of this state or the revocation of the organization's certificate to conduct business in this state if the organization is not organized under the laws of this state.
Sec. 2905.34. If a victim of a violation of section 2905.32 of the Revised Code violates any provision of Title XXIX of the Revised Code, it is an affirmative defense to a charge of a violation of that provision that the victim was under duress or coercion at the time the victim violated that provision and the victim committed the violation because of that duress or coercion.
Sec. 2921.22. (A) No person, knowing that a felony has
been
or is being committed, shall knowingly fail to report such
information to law enforcement authorities. (B) Except for conditions that are within the scope of
division (E) of this section, no
physician,
limited
practitioner, nurse, or other person giving aid to a sick
or injured person
shall
negligently fail to report to law
enforcement authorities any
gunshot or stab wound
treated or observed
by the
physician, limited practitioner, nurse,
or person, or any serious physical
harm to persons that the
physician, limited practitioner, nurse, or
person knows or has
reasonable cause to
believe resulted from an offense of violence. (C) No person who discovers the body or acquires the first
knowledge of the death of a person shall fail to report the
death
immediately to a physician whom the person knows to be
treating
the deceased for a condition from which death at such
time would
not be unexpected, or to a law enforcement officer,
an ambulance
service,
an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is
believed
to have occurred, or knowledge concerning the death is
obtained. (D) No person shall fail to provide upon request of the
person to whom
a report required by division (C) of
this section was made, or to any law enforcement officer who has
reasonable cause to assert the authority to investigate the
circumstances surrounding the death, any facts within the
person's
knowledge that may have a bearing on the investigation of the
death. (E)(1) As used in this division, "burn injury" means any
of
the following: (a) Second or third degree burns; (b) Any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air; (c) Any burn injury or wound that may result in death; (d) Any physical harm to persons caused by or as the result
of the use of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined by section 3743.01 of the Revised
Code. (2) No physician, nurse, or limited practitioner who,
outside a hospital, sanitarium, or other medical facility,
attends
or treats a person who has sustained a burn injury
that is
inflicted by an
explosion or other incendiary device or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal manner
shall fail to report the burn injury
immediately to the local
arson, or fire and explosion
investigation, bureau, if there is
a bureau
of this type in
the jurisdiction in
which the person is attended or treated,
or
otherwise to local law
enforcement authorities. (3) No manager, superintendent, or other person in charge
of
a hospital, sanitarium, or other medical facility in which a
person is attended or treated for any burn injury
that is
inflicted by an
explosion or other incendiary device or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal
manner
shall fail to report the burn injury
immediately to the
local
arson, or fire and explosion
investigation, bureau, if there is
a bureau
of this type in
the jurisdiction
in
which the person is attended or treated, or
otherwise to local
law
enforcement authorities. (4) No person who is required to report any burn injury
under division (E)(2) or (3) of this section shall fail to file,
within three working days after attending or treating the victim,
a written report of the burn injury with the office of the state
fire marshal. The report shall
comply
with the uniform standard developed by the
state fire marshal
pursuant to division (A)(15) of section 3737.22 of the Revised
Code. (5) Anyone participating in the making of reports under
division (E) of this section or anyone participating in a
judicial
proceeding resulting from the reports is immune
from any civil or
criminal liability that otherwise might be
incurred or imposed as
a result of such actions. Notwithstanding
section 4731.22 of the
Revised Code, the physician-patient
relationship is not a ground
for excluding evidence regarding a
person's burn injury or the
cause of the burn injury in any
judicial proceeding resulting from
a report submitted
under division (E) of this section. (F)(1) Any doctor of medicine or osteopathic medicine,
hospital intern or
resident, registered or licensed practical
nurse, psychologist, social worker,
independent social worker,
social work assistant, professional
clinical counselor, or
professional counselor who knows or has reasonable
cause to
believe that a patient or client
has been the victim of domestic
violence, as defined in section 3113.31 of the
Revised Code, shall
note that knowledge or belief and the basis for it in the
patient's or client's records. (2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient
privilege shall not be a ground for excluding any
information regarding the
report containing the knowledge or
belief noted
under division (F)(1) of
this section,
and the
information may be admitted as evidence in accordance
with
the
Rules of Evidence. (G)
Divisions (A)
and (D) of this section
do
not require
disclosure of information, when any of the following
applies: (1) The information is privileged by reason of the
relationship between attorney and client; doctor and
patient;
licensed psychologist or licensed school psychologist
and client;
member of the clergy, rabbi,
minister, or priest and any person
communicating information confidentially to the member of the
clergy, rabbi, minister, or priest for a religious
counseling purpose
of a professional
character;
husband and wife; or a
communications
assistant and those who are a party to
a
telecommunications relay service call; or a victim of a violation of section 2905.32 of the Revised Code and a trafficking-in-persons caseworker, as defined in section 2317.02 of the Revised Code. (2) The information would tend to incriminate a member of
the actor's immediate family. (3) Disclosure of the information would amount to
revealing
a news source, privileged under section 2739.04 or
2739.12 of the
Revised Code. (4) Disclosure of the information would amount to
disclosure
by a member of the ordained clergy of an organized religious
body
of a confidential communication made to that member of the clergy
in that member's
capacity as a
member of
the clergy by a person
seeking the aid or counsel of that member
of the clergy. (5) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program of treatment or services for
drug
dependent persons or persons in danger of drug dependence,
which
program is maintained or conducted by a hospital, clinic,
person,
agency, or organization certified pursuant to section
3793.06 of
the Revised Code. (6) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program for providing counseling
services to
victims of crimes that are violations of section
2907.02 or
2907.05 of the Revised Code or to victims of felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code. As used in this
division, "counseling services"
include services provided in an
informal setting by a person who,
by education or experience, is
competent to provide
those
services. (H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence. (I) Whoever violates division (A) or (B) of this section
is
guilty of failure to report a crime. Violation of division
(A) of
this section is a misdemeanor of the fourth degree.
Violation of
division (B) of this section is a misdemeanor of the
second
degree. (J) Whoever violates division (C) or (D) of this section
is
guilty of failure to report knowledge of a death, a
misdemeanor of
the fourth degree. (K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor. (2) Whoever knowingly violates division (E) of this
section
is guilty of a misdemeanor of the second degree.
Sec. 2923.01. (A) No person, with purpose to commit or to
promote or facilitate the commission of aggravated murder,
murder,
kidnapping, compelling prostitution, promoting
prostitution, trafficking in persons,
aggravated arson, arson, aggravated robbery,
robbery, aggravated
burglary, burglary, engaging in a pattern of
corrupt activity,
corrupting another with drugs, a felony drug trafficking,
manufacturing, processing, or possession offense, theft of drugs,
or
illegal processing of drug documents, the commission of a
felony offense of
unauthorized use of a vehicle, illegally transmitting multiple commercial electronic mail messages or unauthorized access of a computer in violation of section 2923.421 of the Revised Code, or
the commission
of a violation of any provision of Chapter 3734.
of the Revised
Code, other than section 3734.18 of the Revised
Code, that relates
to hazardous wastes, shall do either of the
following: (1) With another person or persons, plan or aid in
planning
the commission of any of the specified
offenses; (2) Agree with another person or persons that one or more
of
them will engage in conduct that facilitates the commission of
any
of the specified offenses. (B) No person shall be convicted of conspiracy unless a
substantial overt act in furtherance of the conspiracy is alleged
and proved to have been done by the accused or a person with
whom
the accused conspired, subsequent to the accused's entrance into
the
conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose
on
the part of the actor that the object of the conspiracy should
be
completed. (C) When the offender knows or has reasonable cause to
believe that a person with whom the offender conspires also has
conspired
or is conspiring with another to commit the same
offense,
the offender is guilty of conspiring with that other
person, even
though the other person's identity may be unknown to
the
offender. (D) It is no defense to a charge under this section that,
in
retrospect, commission of the offense that was the object of
the
conspiracy was impossible under the circumstances. (E) A conspiracy terminates when the offense or offenses
that are its objects are committed or when it is abandoned by
all
conspirators. In the absence of abandonment, it is no
defense to
a charge under this section that no offense that was
the object of
the conspiracy was committed. (F) A person who conspires to commit more than one offense
is guilty of only one conspiracy, when the offenses are the
object
of the same agreement or continuous conspiratorial
relationship. (G) When a person is convicted of committing or attempting
to commit a specific offense or of complicity in the commission
of
or attempt to commit the specific offense, the person
shall not be
convicted of conspiracy involving the same offense. (H)(1) No person shall be convicted of conspiracy upon the
testimony of a person with whom the defendant conspired,
unsupported by other evidence. (2) If a person with whom the defendant allegedly has
conspired testifies against the defendant in a case in which the
defendant is charged with conspiracy and if the testimony is
supported by other evidence, the court, when it charges the jury,
shall state substantially the following: "The testimony of an accomplice that is supported by other
evidence does not become inadmissible because of the
accomplice's
complicity,
moral turpitude, or self-interest, but the admitted or
claimed
complicity of a witness may affect the witness'
credibility
and make the witness' testimony subject to grave
suspicion,
and require that it be
weighed with great caution. It is for you, as jurors, in the light of all the facts
presented to you from the witness stand, to evaluate such
testimony and to determine its quality and worth or its lack of
quality and worth." (3)
"Conspiracy," as used in division (H)(1) of this
section,
does not include any conspiracy that results in an
attempt to
commit an offense or in the commission of an offense. (I) The following are affirmative defenses to a charge of
conspiracy: (1) After conspiring to commit an offense, the actor
thwarted the success of the conspiracy under circumstances
manifesting a complete and voluntary renunciation of the
actor's
criminal
purpose. (2) After conspiring to commit an offense, the actor
abandoned the conspiracy prior to the commission of or attempt to
commit any offense that was the object of the conspiracy, either
by advising all other conspirators of the actor's
abandonment, or
by
informing any law enforcement authority of the existence of the
conspiracy and of the actor's participation in the
conspiracy. (J) Whoever violates this section is guilty of conspiracy,
which is one of the following: (1) A felony of the first degree, when one of the objects
of
the conspiracy is aggravated murder, murder, trafficking in persons, or
an offense for
which the maximum penalty is imprisonment for life; (2) A felony of the next lesser degree than the most
serious
offense that is the object of the conspiracy, when the
most
serious offense that is the object of the conspiracy is a
felony
of the first, second, third, or
fourth degree; (3) A felony punishable by a fine of not more
than
twenty-five thousand dollars or imprisonment for not more than
eighteen months, or both, when the offense that is the object of
the conspiracy is a violation of any provision of Chapter 3734.
of
the Revised Code, other than section 3734.18 of the Revised
Code,
that relates to hazardous wastes; (4) A misdemeanor of the first degree, when
the most
serious
offense that is the object of the conspiracy is a felony
of the
fifth degree. (K) This section does not define a separate conspiracy
offense or penalty where conspiracy is defined as an offense by
one or more sections of the Revised Code, other than this
section.
In such a case, however: (1) With respect to the offense specified as the object of
the conspiracy in the other section or sections, division (A) of
this section defines the voluntary act or acts and culpable
mental
state necessary to constitute the conspiracy; (2) Divisions (B) to (I) of this section are incorporated
by
reference in the conspiracy offense defined by the other
section
or sections of the Revised Code. (L)(1) In addition to the penalties that otherwise are
imposed
for conspiracy, a person who is found guilty of
conspiracy
to engage in a pattern of corrupt activity is subject
to divisions
(B)(2), (3), (4), and (5) of section 2923.32 of the
Revised Code. (2) If a person is convicted of or pleads guilty to
conspiracy and if the most serious offense that is the object of
the
conspiracy is a felony drug trafficking, manufacturing,
processing, or
possession offense, in addition to the penalties or
sanctions that may be
imposed for the conspiracy under division
(J)(2) or (4) of this section and
Chapter 2929. of the Revised
Code, both of the following apply: (a) The provisions of divisions (D), (F), and (G) of section
2925.03,
division (D) of section 2925.04, division (D) of section
2925.05, division (D)
of section 2925.06, and division (E) of
section 2925.11 of the Revised Code
that pertain to mandatory and
additional fines, driver's or commercial
driver's license or
permit
suspensions, and
professionally
licensed
persons
and that
would apply under the appropriate
provisions of
those
divisions to
a person who is convicted of or
pleads guilty to the felony drug
trafficking, manufacturing,
processing, or possession offense that
is the most
serious offense
that is the basis of the conspiracy
shall apply to
the person who
is convicted of or pleads guilty to
the conspiracy as if the
person had been convicted of or pleaded
guilty to the felony drug
trafficking,
manufacturing, processing,
or possession offense that
is the most serious
offense that is the
basis of the conspiracy. (b) The court that imposes sentence upon the person
who is
convicted of or pleads guilty to the conspiracy shall comply with
the
provisions identified as being applicable under division
(L)(2) of this section, in addition to any
other penalty or
sanction that it imposes for the conspiracy under division
(J)(2)
or (4) of this section and Chapter 2929. of the Revised Code. (M) As used in this section: (1)
"Felony drug trafficking, manufacturing,
processing, or
possession offense" means any of the following that
is a
felony: (a) A violation of section 2925.03, 2925.04, 2925.05, or
2925.06 of
the Revised Code; (b) A violation of section 2925.11 of the Revised Code
that
is not a minor drug possession offense. (2)
"Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following: (1) Restitution Except as otherwise provided in section 2929.181 of the Revised Code, restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. If the court imposes restitution, the court shall order that the
restitution be made
to the victim in open court, to the adult
probation department that serves
the county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court. If the court imposes restitution, at sentencing, the court shall determine
the
amount of
restitution to be made by the offender.
If the court imposes restitution, the court may
base the amount of restitution it orders on an amount recommended
by the victim, the offender, a presentence investigation report,
estimates or receipts indicating the cost of repairing or
replacing property, and 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 commission of the offense. If the court decides to impose restitution, the court shall hold a
hearing on restitution if the offender, victim, or survivor
disputes the amount. All
restitution payments
shall be credited
against any recovery of
economic loss in a
civil action brought by
the victim or any
survivor of the victim
against the offender. If the court imposes restitution, the court may order that the offender pay a surcharge of not
more than five per cent of the amount of the restitution otherwise
ordered to the entity responsible for collecting and processing
restitution payments. The victim or survivor may request that the prosecutor in the case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate. (2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
maximum conventional fine
amount authorized for
the level of the offense under division
(A)(3) of this section. (3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount: (a) For a felony of the first degree, not more
than twenty
thousand dollars; (b) For a felony of the second degree, not more
than fifteen
thousand dollars; (c) For a felony of the third degree, not more
than ten
thousand dollars; (d) For a felony of the fourth degree, not more
than five
thousand dollars; (e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars. (4)
A state fine or costs as defined in section 2949.111 of
the Revised Code. (5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following: (i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code; (ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14 or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement. (b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity,
if, pursuant to
section 307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised Code,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
to
reimburse
the county, municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not impose a
financial
sanction under
division (A)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.71 of the Revised Code. (B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender. (2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code. (3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as provided in
the division pursuant to which it is imposed. (4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable: (a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense; (b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section. (5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code. (6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code. (7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section. (C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(5)(a) of this
section to
pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14 or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14
and 2929.16 of the Revised Code. (2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code. (3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code. (4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider. (D)
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of
reimbursement
imposed pursuant to division
(A)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and the offender subject to the financial sanction is the judgment debtor. A
financial sanction of restitution
imposed
pursuant to this section is an order in favor of the
victim of
the offender's criminal act that can be collected through execution as described in division (D)(1) of this section or through an order as described in division (D)(2) of this section, and the offender shall be considered for purposes of the collection as the judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment or order under this division, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following: (1) Obtain execution of the judgment or order through any
available
procedure, including: (a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code; (b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code; (c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including: (i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code; (ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code; (iii) A creditor's suit under section 2333.01
of the Revised
Code. (d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code; (e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code. (E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it. (F) Each court imposing a financial sanction
upon an
offender under this section or under section
2929.32 of
the
Revised
Code may designate
the clerk of the court
or another person to collect
the financial sanction. The
clerk or other person authorized by law or the court to collect
the financial sanction may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section
or section
2929.32 of
the Revised Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction imposed
pursuant to this
section or section
2929.32 of the Revised Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code. (G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.32 of the
Revised
Code that have not been
paid. (H) No financial sanction imposed under this
section or
section
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender.
Sec. 2929.181. (A) The court shall require an offender who is convicted of or pleads guilty to a violation of section 2905.32 of the Revised Code to pay restitution to the victim of the offender's crime or to any survivor of that victim.
(B) Restitution under this section shall include all of the following:
(1) The cost of medical and psychological treatment for the victim;
(2) The cost of physical and occupational therapy and rehabilitation for the victim;
(3) The cost of necessary transportation, temporary housing, and child care for the victim;
(4) Attorney's fees and other costs;
(5) The greater of the following:
(a) The gross income or value to the defendant of all commercial sex acts, sexually explicit performances, labor, or services of the victim that were performed as a result of the offense;
(b) The value of the victim's labor that was performed as a result of the offense as guaranteed under the minimum wage and overtime provisions of the "Fair Labor Standards Act," 52 Stat. 1062, 29 U.S.C.A. 201, as amended, and state labor laws.
(6) The return of property of the victim, the cost of damage to property of the victim, or full value of the property if the property is destroyed;
(7) Compensation for emotional distress, pain, and suffering;
(8) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging, food expenses, clothing, and personal items. Expenses incurred pursuant to this division shall be verified by a law enforcement agency to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(C) The offender shall promptly pay restitution to the victim upon the conviction of the offender, with the proceeds from property forfeited pursuant to division (D) of section 2905.32 and Chapter 2981. of the Revised Code applied first to the payment of restitution notwithstanding any provision in that chapter to the contrary. The return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution. (D) As used in this section, "commercial sex act," "labor," "services," and "sexually explicit performance" have the same meanings as in section 2905.31 of the Revised Code.
Sec. 2930.21. A law enforcement agency shall take all steps necessary to identify victims of violations of section 2905.32 of the Revised Code, including interviewing all persons charged with a violation of section 2907.25 of the Revised Code. A law enforcement agency that identifies a victim of a violation of section 2905.32 of the Revised Code shall provide reasonable protection to the victim to prevent recapture of the victim by the person who committed the violation or the associates of that person, secure the victim and the victim's family from threats, reprisals, or intimidation by the person who committed the violation or the associates of that person, and ensure that the victim has an opportunity to consult with a victim advocate or other appropriate person to develop a safety plan for the victim.
Sec. 2930.22. (A) Within one hundred eighty days of the effective date of this section, the attorney general, in consultation with the directors of the departments of job and family services, health, and mental health and the state public defender, or their designees, shall develop a plan for the provision of appropriate services for victims of violations of section 2905.32 of the Revised Code and dependent children accompanying the victims, including, but not limited to, the following:
(1) Appropriate housing, considering the person's status as a victim of crime, and including safe conditions for sleeping, eating, and personal hygiene;
(2) Psychological counseling in a language the victim can comprehend;
(3) Medical assistance in a language the victim can comprehend;
(4) Employment, educational, and training opportunities for the victim;
(5) Legal assistance in a language the victim can comprehend.
(B) A victim's residence in a shelter or other facility shall be voluntary.
(C) A victim of a violation of section 2905.32 of the Revised Code shall be given the option to communicate with and receive visits from family, friends, an attorney, and victim's rights advocates.
(D) Whenever possible, a victim of a violation of section 2905.32 of the Revised Code shall not be housed in a prison or other detention facility for accused or convicted offenders. A child victim of a violation of section 2905.32 of the Revised Code shall not be housed in a prison or other detention facility for accused or convicted offenders under any circumstances.
(E) The attorney general shall take into consideration the age, gender, and special needs of a victim of a violation of section 2905.32 of the Revised Code and the victim's dependent children in creating a plan to provide services to victims of violations of that section and in delivering services to those victims and children.
(F) To the extent that other sources of funding for victim services are unavailable, the costs of providing the services to victims of a violation of section 2905.32 of the Revised Code described in this section shall be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code.
Sec. 2930.23. (A) A victim of a violation of section 2905.32 of the Revised Code who is a minor shall be provided with appropriate services, which may include an explanation of the victim's rights, privacy, housing, care, and age-appropriate support and rights. (B) The Ohio Supreme court shall develop special procedures to accommodate witnesses who are minors, including procedures for taking the testimony of a minor outside a court setting or by video and procedures to ensure that all testimony of a minor witness and all court proceedings otherwise involving a minor take place with the minor's parent, legal guardian, or foster parent present.
(C) The department of job and family services shall develop procedures for reuniting the minor with family members in the minor's country of origin or destination country whenever it is possible and safe to do so.
(D) The departments of health and mental health shall develop procedures for providing special physical and mental health care tailored to the minor's needs. (E) To the extent that other sources of funding for victim services are unavailable, the costs of providing the services to victims of a violation of section 2905.32 of the Revised Code described in this section shall be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code.
Section 2. That existing sections 109.42, 109.73, 2317.02, 2743.191, 2901.13, 2921.22, 2923.01, and 2929.18 of the Revised Code are hereby repealed. Section 3. (A) There is hereby created the Ohio Prevention of Trafficking in Persons Task Force, consisting of eleven members to be appointed by the Governor. The task force shall develop and implement a plan for the prevention of trafficking in persons. The task force shall study all aspects of trafficking, including, but not limited to, sex trafficking and labor trafficking of citizens of the United States and citizens of foreign countries. (B) The task force shall include the following members:
(1) A representative from the Attorney General's office;
(2) A representative from the Ohio Association of Chiefs of Police;
(3) A representative from the Buckeye State Sheriffs Association;
(4) A representative from the Department of Public Safety, representing the State Highway Patrol;
(5) A representative from the Department of Health;
(6) A representative from the Department of Job and Family services;
(7) A representative from the Supreme Court;
(8) Four persons with experience in the private sector or academic institutions with the issues involved in trafficking in persons, children's services, and runaway services.
(C) The task force shall carry out the following activities:
(1) Develop a state plan for the prevention of trafficking in persons;
(2) Explore the establishment of state policies for time limits for the issuance of the law enforcement agency endorsement regulations, 8 C.F.R. 214.11(f)(1)(2006);
(3) Recommend policies to enable the state to work with nongovernmental organizations to prevent trafficking in persons and provide assistance to citizens of the United States and foreign nations who are victims of trafficking in persons;
(4) Review the existing services and facilities that aid victims of trafficking in persons and recommend a system that would coordinate those services, including, but not limited to, health services, housing, education and job training, English as a second language courses, interpreting services, legal and immigration services, and victim compensation;
(5) Evaluate various approaches used by other state and local governments to increase public awareness of the offense of trafficking in persons; (6) Recommend ways to protect a victim of trafficking in persons who is a witness to the offense, including evaluating the feasibility of witness relocation, new employment or work permits, protection of the victim's identity and location, and providing the victim with a new identity.
(E) The task force shall submit a report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate by June 30, 2008. Upon submission of the report, the task force shall cease to exist. Section 4. Section 2317.02 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 144, Sub. S.B. 8, and Am. Sub. S.B. 17 of
the 126th 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.
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