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S. B. No. 205 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Goodman, Roberts, Gardner, Boccieri, Cafaro, Kearney, Mason, Miller, D., Miller, R., Morano, Sawyer, Smith, Wilson
A BILL
To amend sections 109.42, 109.73, 2317.02, 2743.191,
2901.13, 2921.22, 2923.01, 2923.31, and 2929.18
and to enact sections 109.421, 109.745, 109.746,
109.747, 2305.117, 2307.54, 2905.31, 2905.32,
2905.33, 2905.34, 2905.35, 2905.36, 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, 2923.31, and 2929.18 be amended and
sections 109.421, 109.745, 109.746, 109.747, 2305.117, 2307.54,
2905.31, 2905.32, 2905.33, 2905.34, 2905.35, 2905.36, 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, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment January
2, 2007, by an offender who is sentenced for the violation
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of
the Revised Code, and of a victim of an attempted rape committed
on or after the effective date of this amendment January 2, 2007,
by an offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03, 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. 109.421. (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;
(7) The number of victims of a violation of section 2905.32
of the Revised Code who received or who were refused continuous
presence in the United States pursuant to 22 U.S.C. 7105, who
received or who were refused a visa for an alien classified as a
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U), or whose
request or application for continued presence in the United States
pursuant to 22 U.S.C. 7105 or that visa is in process.
(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 that
section 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 that section, 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 that section, 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. 109.747. To ensure that a victim of a violation of
section 2905.32 of the Revised Code is able to access any
available federal benefits and programs for victims of a violation
of that section, the attorney general shall do all of the
following:
(A) Inform the appropriate federal authorities about cases
known to the attorney general that involve a violation of section
2905.32 of the Revised Code;
(B) Within seventy-two hours after receipt of a written
request from a person identified by a peace officer as a victim of
section 2905.32 of the Revised Code for submission of a request
for continued presence in the United States, or a written request
from that person's representative for submission of a request for
continued presence of the victim in the United States, submit a
written request to the appropriate federal authorities requesting
that the victim be permitted continued presence in the United
States pursuant to 22 U.S.C. 7105;
(C) Within seventy-two hours of a written request from a
person identified by a peace officer as a victim of a violation of
section 2905.32 of the Revised Code for a law enforcement agency's
endorsement that the person is a victim of that section, or a
written request from that person's representative for an
endorsement of that nature, provide the person with an endorsement
of the person's victim status on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914 in accordance with 8 C.F.R. 214.11(f)(1) in support of that
person's application for a visa for an alien classified as a
nonimmigrant under 8 U.S.C. 1101(T);
(D) Within seventy-two hours after receipt of a request from
a person identified by a peace officer as a victim of a violation
of section 2905.32 of the Revised Code for documentation to
support the person's request for the benefits and services
described in this division, or a written request from that
person's representative for documentation of that nature, provide
the person with documentation in support of that person's request
for benefits and services to be provided to trafficking victims by
the office of refugee and resettlement in the United States
department of health and human services and by other federal
agencies pursuant to 22 U.S.C. 7105.
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. If the person bringing the action is a
disabled person, there is no limitation on when the action may be
brought. 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,
"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 pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code, of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c) of that section for a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code, and of offenders who are sentenced to a prison term pursuant
to division (B)(2)(a), (b), or (c) of section 2971.03 of the
Revised Code for attempted rape and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 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 or a
violation of section 2905.32 of the Revised Code if the victim is
a disabled person.
(3) Except as otherwise provided in divisions (B) to (H)
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,
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, a violation of section 2905.32 of
the Revised Code, 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 2905.36 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 coercion" means the exploitation of 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 as
reasonably assessed is not applied toward the liquidation of the
debt, if the length or nature of those services is not limited and
defined, or if the principal amount of the debt does not
reasonably reflect the value of the items or services for which
the debt was incurred.
(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 or threatening to physically
restrain 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;
(v) By committing a violation of section 2905.11 of the
Revised Code;
(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 (I)(1) of
this section.
Sec. 2905.32. 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;
Sec. 2905.33. (A) No person shall knowingly sell or offer to
sell travel-related services that include or facilitate in-state
or out-of-state travel that would result in a violation of section
2907.23 or 2907.24 of the Revised Code.
(B) Whoever violates this section is guilty of promoting sex
tourism, a felony of the section degree.
Sec. 2905.34. (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. 2905.35. (A) In addition to any other penalty or
disposition authorized or required by law, the court shall order
any person who is convicted of or pleads guilty to a violation of
section 2905.32 of the Revised Code to criminally forfeit to the
state any personal or real property to which the person has an
interest and that was used in the course of or intended for use in
the course of a violation of section 2905.32 of the Revised Code
or that was derived from or realized through conduct in violation
of section 2905.32 of the Revised Code.
(B) All property ordered forfeited pursuant to this section
shall be held by the law enforcement agency for distribution and
disposal pursuant to section 2933.41 of the Revised Code. The
agency shall maintain an accurate record of each item of property
so seized and held. The record shall include the date on which
each item was seized, the manner and date of disposition by the
agency, and, if applicable, the name of the person who received
the item. The record shall not identify or enable the
identification of the individual officer who seized the property.
The record is a public record open for inspection under section
149.43 of the Revised Code. Each law enforcement agency that
seizes and holds in any calendar year any item of property that is
ordered forfeited pursuant to this section shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send the cumulative
report, not later than the first day of March in the calendar year
following the calendar year covered by the report, to the attorney
general. Each report received by the attorney general is a public
record open for inspection under section 149.43 of the Revised
Code. Not later than the fifteenth day of April in the calendar
year in which the reports were received, the attorney general
shall send to the president of the senate and the speaker of the
house of representatives a written notification that does all of
the following:
(1) Indicates that the attorney general has received from law
enforcement agencies reports of the type described in this
division that cover the previous calendar year and indicates that
the reports were received under this division;
(2) Indicates that the reports are open for inspection under
section 149.43 of the Revised Code;
(3) Indicates that the attorney general will provide a copy
of any or all of the reports to the president of the senate or the
speaker of the house of representatives upon request.
(C) Notwithstanding the notice and procedure prescribed by
division (E) of this section, an order of criminal forfeiture
entered under division (A) of this section shall authorize an
appropriate law enforcement agency to seize the property declared
forfeited under this section upon the terms and conditions
relating to the time and manner of seizure that the court
determines proper.
(D)(1) Upon entry of a judgment of forfeiture pursuant to
division (A) of this section, the court shall cause notice of the
judgment to be sent by certified mail, return receipt requested,
to all persons known to have, or appearing to have, an interest in
the property that was acquired pursuant to division (A) of this
section. If the notices cannot be given to those persons in that
manner, the court shall cause publication of the notice of the
judgment of forfeiture pursuant to the Rules of Civil Procedure.
(2) Within thirty days after receipt of a notice or after the
date of publication of a notice under division (D)(1) of this
section, any person, other than the defendant, who claims an
interest in the property that is subject to forfeiture may
petition the court for a hearing to determine the validity of the
claim. The petition shall be signed and sworn to by the petitioner
and shall set forth the nature and extent of the petitioner's
interest in the property, the date and circumstances of the
petitioner's acquisition of the interest, any additional
allegations supporting the claim, and the relief sought. The
petitioner shall furnish the prosecuting attorney with a copy of
the petition.
(3) The court, to the extent practicable and consistent with
the interests of justice, shall hold the hearing described in
division (D)(2) of this section within thirty days from the filing
of the petition. The court may consolidate the hearings on all
petitions filed by third party claimants under this section. At
the hearing, the petitioner may testify and present evidence on
the petitioner's own behalf and cross-examine witnesses. The
prosecuting attorney may present evidence and witnesses in
rebuttal and in defense of the claim of the state to the property
and cross-examine witnesses. The court, in making its
determination, shall consider the testimony and evidence presented
at the hearing and the relevant portions of the record of the
criminal proceeding that resulted in the judgment of forfeiture.
(4) If at a hearing held under division (E)(3) of this
section the court, by a preponderance of the evidence, determines
either that the petitioner has a legal right, title, or interest
in the property that, at the time of the commission of the acts
giving rise to the forfeiture of the property, was vested in the
petitioner and not in the defendant or was superior to the right,
title, or interest of the defendant, or that the petitioner is a
bona fide purchaser for value of the right, title, or interest in
the property and was at the time of the purchase reasonably
without cause to believe that the property was subject to
forfeiture under this section, the court shall amend, in
accordance with its determination, the judgment of forfeiture to
protect the rights of innocent persons.
(E) Except as provided in division (D) of this section, no
person claiming an interest in property that is subject to
forfeiture under this section shall do either of the following:
(1) Intervene in a trial or appeal of a criminal case that
involves the forfeiture of property;
(2) File an action against the state concerning the validity
of the person's alleged interest in the property subsequent to the
filing of the indictment, count in the indictment, or information
that alleges that the property is subject to forfeiture under this
section.
(F) Unclaimed or forfeited property in the custody of a law
enforcement agency shall be disposed of pursuant to the procedure
in section 2933.41 of the Revised Code, except that the proceeds
from property disposed of pursuant to section 2933.41 of the
Revised Code shall first be used to pay restitution to the victim
of a violation of section 2905.32 of the Revised Code 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. 2905.36. No provision of Title XXIX of the Revised Code
that prohibits a person from engaging in specified criminal
activity applies to a victim of a violation of section 2905.32 of
the Revised Code who violated that provision of Title XXIX of the
Revised Code while the victim was under duress or coercion that
resulted from that violation of section 2905.32 of the Revised
Code 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) and (3) of section 2923.32, division (A) of section
2981.04, and division (D) of section 2981.06 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. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other
trust arrangement under which any other person holds title
to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents
of corrupt activity, whether or not there has been a
prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated
murder or murder, the last of the incidents forming
the
pattern
shall occur within six years after the commission of
any
prior
incident forming the pattern, excluding any period of
imprisonment
served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable
instrument,
a
commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31,
2913.05, 2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12,
2921.32, 2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2)
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of
section 1707.44; division
(A)(1) or (2) of
section 2923.20;
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or
4719.06; division (C), (D), or
(E) of section
4719.07; section
4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five hundred dollars, or any combination of violations described
in
division (I)(2)(c) of this section when the total proceeds of
the combination
of violations, payments made in the combination of
violations,
amount of the claims for payment or for other benefits
that is
false or deceptive and that is involved in the combination
of
violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five hundred dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five hundred
dollars.
(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;
(4) Animal or ecological terrorism.
(J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
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, 2929.142, 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 Chapter 2981. 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 Chapter 2981. 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, 2929.142, 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, 2929.142,
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
violated 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 section 2905.34 of the Revised Code
applied first to the payment of restitution. 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 Ohio prevention of trafficking
in persons task force, in consultation with interested
not-for-profit organizations, 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, 2923.31, 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 twelve 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) A representative from the Office of Criminal Justice
Services;
(9) 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;
(7) Determine the best way to provide a victim of trafficking
in persons with all of the following:
(a) An application for a visa for an alien classified as a
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U);
(b) An application for legal permanent residence for an
eligible recipient of a visa for an alien classified as a
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U);
(c) Identification of and application for available public
benefits, including, but not limited to, temporary financial
assistance, refugee match grants, refugee cash assistance, food
stamps, child care, and medical assistance;
(d) Access to both short-term and long-term safe and
appropriate housing;
(e) Access to necessary medical and dental care and mental
health treatment, including, but not limited to, care or treatment
for victims of a sex offense, free optional testing for the HIV
infection and other sexually transmitted diseases, and a
counseling session by a medically trained professional on the
accuracy of those tests and the risk of the transmission of
sexually transmitted diseases;
(f) Access to language translation services in the victim's
native language or language of fluency;
(g) Access to education or English as a second language
training;
(h) Access to any other services necessary to safeguard the
health and well-being of a victim of trafficking in persons.
(8) Developing a method for assisting a victim of trafficking
in persons with the application for a visa for an alien classified
as a nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U), assisting
a victim of trafficking in persons with completing a written
request to the appropriate authorities requesting that the victim
be granted temporary immigration status known as "continued
presence," completing, or assisting a victim of trafficking in
persons with completing, a written request to the Attorney General
for documents necessary to support an application for a visa for
an alien classified as a nonimmigrant under 8 U.S.C.
1101(a)(15)(T) or (U), including an endorsement of person's victim
status on Supplement B, Declaration of Law Enforcement Officer for
Victim of Trafficking in Persons, of Form I-914, and assisting a
victim of trafficking in persons with completing a written request
to the Attorney General for the documentation necessary to support
the victim's request for benefits and services authorized under
the "Victims of Trafficking and Violence Protection Act of 2000,"
22 U.S.C. 7105, et. seq.
(9) Evaluate available funding streams, including but not
limited to, federal grants that may be available to assist the
state in establishing or expanding programs for victims of
trafficking in persons, to provide services to victims of
trafficking in persons, and to create and disseminate training and
educational materials on trafficking in persons and technical
assistance to state agencies that are applying for that funding.
(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 December 31,
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 Sub. H.B.
144, Sub. S.B. 8, and Am. Sub. S.B. 17 of
the 126th General
Assembly. Section 2929.18 of the Revised Code is presented in this
act as a composite of the section as amended by both Sub. H.B. 241
and Am. Sub. H.B. 461 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
composites are the resulting
versions of the sections in effect
prior to the effective date of
the sections as presented in this
act.
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