The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 23 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Stivers, Coughlin, Clancy, Gardner, Niehaus, Jacobson, Padgett, Carey, Mumper, Smith, Austria
A BILL
To amend section 2929.18 and to enact sections 2905.31, 2905.32, 2905.33, 2905.34, and 2905.35 of the Revised Code to prohibit involuntary servitude, sexual servitude of a minor, and trafficking in persons for forced labor or services and to amend the version of section 2929.18 of the Revised Code that is scheduled to take effect on July 1, 2007, to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2929.18 be amended and sections 2905.31, 2905.32, 2905.33, 2905.34, and 2905.35 of the Revised Code be enacted to read as follows:
Sec. 2905.31. (A) As used in sections 2905.31 to 2905.34 of the Revised Code:
(1) "Labor" means work of economic or financial value.
(2) "Services" means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor.
Sec. 2905.32. (A) No person shall knowingly subject another person to forced labor or services by doing any of the following in a manner not otherwise prohibited by division (B)(3) of section 2905.01 or division (A)(3) of section 2905.02 of the Revised Code:
(1) Causing or threatening to cause physical harm to any person;
(2) Physically restraining or threatening to physically restrain another person;
(3) Abusing or threatening to abuse the law or legal process;
(4) 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;
(5) By committing a violation of section 2905.11 of the Revised Code or causing or threatening to cause financial harm to any person.
(B) Whoever violates this section is guilty of involuntary servitude. A violation of division (A)(1) of this section is a felony of the first degree, and the court may impose a term of years not to exceed ten years in addition to the penalty imposed for a felony of the first degree. A violation of division (A)(2) of this section is a felony of the second degree, and the court may impose a term of years not to exceed seven years in addition to the penalty imposed for a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree, and the court may impose a term of years not to exceed five years in addition to the penalty imposed for a felony of the third degree. A violation of division (A)(4) of this section is a felony of the third degree. A violation of division (A)(5) of this section is a felony of the fifth degree, and the court may impose a term of years not to exceed two years in addition to the penalty imposed for a felony of the fifth degree.
Sec. 2905.33. (A) No person, in a manner that is not otherwise prohibited by section 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code, shall do either of the following: (1) Knowingly recruit, entice, harbor, transport, provide, or obtain by any means, another person under eighteen years of age, knowing that the other person will engage in prostitution, a sexually-explicit performance, or the production of pornography; (2) Knowingly cause a person under eighteen years of age to engage in prostitution, a sexually-explicit performance, or the production of pornography.
(B) Whoever violates this section is guilty of sexual servitude of a minor. If the victim of the offense is between sixteen years of age and eighteen years of age and the violation does not involve overt force or threat of force, sexual servitude of a minor is a felony of the first degree, and the court may impose a term of years not to exceed five years in addition to the penalty for a felony of the first degree. If the victim of the offense has not reached sixteen years of age and the violation does not involve overt force or threat of force, sexual servitude of a minor is a felony of the first degree, and the court may impose a term of years not to exceed ten years in addition to the penalty for a felony of the first degree. If the violation does involve overt force or threat of force, sexual servitude of a minor is a felony of the first degree, and the court may impose a term of years not to exceed fifteen years in addition to the penalty for a felony of the first degree.
Sec. 2905.34. (A) No person shall knowingly do either of the following:
(1) Intending or knowing that the person will be subjected to forced labor or services, recruit, entice, harbor, transport, provide, or obtain by any means another person;
(2) Benefit financially or receive anything of value from participation in a venture that results in a violation of section 2905.32 or 2905.33 of the Revised Code.
(B) Whoever violates this section is guilty of trafficking in persons for forced labor or services, a felony of the first degree. The court may impose a term of years not to exceed five years in addition to the penalty for a felony of the first degree.
Sec. 2905.35. (A) The attorney general, in consultation with the department of job and family services and not later than one year from the effective date of this section, shall issue a report outlining how existing victim protection laws and regulations respond to the needs of victims of a violation of section 2905.32, 2905.33, or 2905.34 of the Revised Code and suggesting areas of improvement and modification of existing victim protection laws.
(B) The department of job and family services, in consultation with the attorney general and not later than one year from the effective date of this section, shall issue a report outlining how existing social service programs respond or fail to respond to the needs of victims of a violation of section 2905.32, 2905.33, or 2905.34 of the Revised Code and the interplay of existing social service programs with federally funded victim service programs and suggesting areas of improvement and modification of existing social service programs.
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)(a) 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. (b) In addition to the sanction imposed under division (A)(1)(a) of this section, if the offender violates section 2905.32, 2905.33, or 2905.34 of the Revised Code, the court shall impose restitution including the greater of the following:
(i) The gross income or value to the defendant of the victim's labor or services;
(ii) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, and state labor laws. (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 sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable: (a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense; (b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section. (5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code. (6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code. (7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section. (C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(5)(a) of this
section to
pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14, 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.
Section 2. That existing section 2929.18 of the Revised Code is hereby repealed. Section 3. That the version of section 2929.18 of the Revised Code that is scheduled to take effect on July 1, 2007, be amended to read as follows: 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)(a) 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. (b) In addition to the sanction imposed under division (A)(1)(a) of this section, if the offender violates section 2905.32, 2905.33, or 2905.34 of the Revised Code, the court shall impose restitution including the greater of the following:
(i) The gross income or value to the defendant of the victim's labor or services;
(ii) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, and state labor laws. (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.
Section 4. That the existing version of section 2929.18 of the Revised Code that is scheduled to take effect on July 1, 2007, is hereby repealed. Section 5. Sections 3 and 4 of this act shall take effect on July 1, 2007. Section 6. Section 2929.18 of the Revised Code is presented in
Section 3 of 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 composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in Section 3 of this act.
|
|