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H. B. No. 233 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representative Weddington
Cosponsors:
Representatives Boyd, Williams, S., Brown, Stewart, Winburn
A BILL
To enact section 181.01 of the Revised Code to create
the Criminal Justice Reform Commission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 181.01 of the Revised Code be
enacted to read as follows:
Sec. 181.01. (A) There is hereby created the criminal
justice reform commission, consisting of the following thirteen
members:
(1) A dean of a law school appointed by the governor or a
professor of law designated by that dean;
(2) A law enforcement officer appointed by the governor;
(3) A prosecuting attorney experienced in prosecuting
felonies appointed by the attorney general;
(4) A forensic scientist appointed by the attorney general;
(5) An individual appointed by the president of the senate;
(6) An individual appointed by the speaker of the house of
representatives or, if the speaker belongs to the same political
party as the president of the senate, by the minority leader of
the house of representatives;
(7) A judge of a court in this state appointed by the chief
justice of the supreme court;
(8) A professor of law appointed by the executive director of
the Ohio prosecuting attorneys association;
(9) A laboratory scientist appointed by the executive
director of the Ohio association of criminal defense lawyers;
(10) A criminal defense attorney appointed by the state
public defender;
(11) An attorney licensed to practice law in this state
appointed by the president of the Ohio state bar association;
(12) A victim advocate or a victim of a serious felony
appointed by the president of the Ohio state bar association;
(13) A person who was wrongfully convicted of a serious
felony and was incarcerated for five years or more as a result of
that conviction appointed by the executive director of the Ohio
association of criminal defense lawyers.
(B)(1) Of the initial members appointed to the criminal
justice reform commission, those appointed under divisions (A)(8)
to (13) of this section shall each serve a term that expires on
December 31, 2010, and those appointed under divisions (A)(1) to
(7) of this section shall each serve a term that expires on
December 31, 2011. Thereafter, each term shall be for two years,
commencing on the first day of January and ending on the last day
of December. A vacancy shall be filled in the same manner as the
original appointment. A member appointed to fill a vacancy shall
hold office for the remainder of the term. A member shall continue
in office subsequent to the expiration of the term until the
member's successor takes office.
(2) The governor shall designate one member of the commission
to serve as the chairperson.
(3) Six members of the commission constitute a quorum, and
the affirmative vote of six members is required for approval of
any action by the commission.
(4) After each initial member of the commission has been
appointed, the commission shall meet and select from among the
members a secretary and such other officers as the commission
considers necessary to carry out its duties. Organizational
meetings of the commission shall be held at times and places
designated by call of the chairperson. Meetings of the commission
may be held anywhere in the state and shall be in compliance with
sections 121.22 and 149.43 of the Revised Code. The commission may
adopt, pursuant to section 111.15 of the Revised Code, rules
necessary to carry out the purposes of this section.
(C) The criminal justice reform commission shall do all of
the following:
(1) Review every case to which both of the following apply:
(a) An individual's conviction of an offense or adjudication
as a delinquent child was vacated, dismissed, or reversed on
appeal, the prosecuting attorney in the case cannot or will not
seek any further appeal of right or upon leave of court, and no
criminal or delinquency proceeding is pending, can be brought, or
will be brought by any prosecuting attorney, city director of law,
village solicitor, or other chief legal officer of a municipal
corporation against the individual for any act associated with
that conviction;
(b) After sentencing for the offense or disposition for the
delinquent child adjudication and during or after imprisonment or
placement in a department of youth services facility, it was
determined by a court of common pleas that the offense of which
the individual was convicted or the delinquent act for which the
individual was adjudicated a delinquent child, including all
lesser-included offenses, either was not committed by the
individual or was not committed by any person.
(2) Identify the causes of wrongful convictions and
delinquent child adjudications;
(3) Identify current laws, rules, and procedures implicated
by each identified cause of wrongful convictions or delinquent
child adjudications;
(4) Identify through peer-reviewed research, expert evidence,
and other means potential solutions to the problem of wrongful
convictions and delinquent child adjudications in the form of
legislation, rules, procedural changes, and educational or
training opportunities demonstrated to eliminate or minimize the
occurrence of each cause of wrongful convictions or delinquent
child adjudications;
(5) Consider potential implementation plans, costs, cost
savings, and impact on the criminal justice system and the
juvenile justice system for each potential solution;
(6) Issue reports under division (E) of this section.
(D) Members of the commission shall serve without
compensation but shall be reimbursed for the actual and necessary
expenses incurred in the performance of their official duties. All
actual and necessary expenses incurred by members of the
commission in carrying out this section are payable solely from
money appropriated for that purpose by the general assembly, and
the commission shall incur no liability or obligation beyond that
money.
(E) The legislative service commission, department of
administrative services, and the Ohio board of regents shall
assist the criminal justice reform commission in the performance
of its duties. The criminal justice reform commission may also
accept assistance from other governmental and private entities in
Ohio.
(F)(1) For each case to which division (C)(1) of this section
applies, the criminal justice reform commission shall conduct an
investigation, including hearings, to determine the cause or
causes of the wrongful conviction or adjudication. Within sixty
days after the completion of an investigation, the commission
shall issue a preliminary written report of its findings of fact
and conclusions, including any recommendations to prevent wrongful
convictions or adjudications from occurring under similar
circumstances in the future. Within one hundred twenty days after
issuing the preliminary report, the commission shall issue a final
report. The commission shall make the final report available to
the public and shall submit copies to the governor, attorney
general, chief justice, president of the senate, and speaker of
the house of representatives, and to any governmental agency that
the commission finds may have been involved in the investigation
or trial that resulted in the wrongful conviction or adjudication.
(2) The commission annually shall prepare, make available to
the public, and submit to the governor, attorney general, chief
justice, president of the senate, and speaker of the house of
representatives a report indicating the number of cases
investigated pursuant to division (F)(1) of this section and the
status of pending investigations, and a summary of its findings
and recommendations for the year covered by the report.
(3) Within sixty days after receiving a report issued under
this section, the governor, president of the senate, and speaker
of the house of representatives shall, singly or jointly, issue a
formal written response to the commission's findings and
recommendations.
(4) The contents of any report prepared under this division
may not be used as evidence in any civil or criminal proceeding.
(G) As used in this section:
(1) "Serious felony" means a felony of the first, second, or
third degree as a result of which the victim receives serious
physical harm to the victim's person or that is a sexually
oriented offense.
(2) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
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