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Am. Sub. H. B. No. 197 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Fende, Letson, Murray, O'Brien, Patmon, Yuko, Blair, Combs, Johnson, Milkovich, Terhar Speaker Batchelder
Senators Wagoner, Bacon, Beagle, Coley, Eklund, Jordan, Kearney, LaRose, Lehner, Manning, Obhof, Patton, Sawyer, Schaffer, Schiavoni, Seitz, Tavares
A BILL
To amend sections 1901.261, 1901.31, 1907.20,
1907.26, 1907.261, 2303.201, 2929.12, 2929.22, and
4503.39 and to enact sections 1901.44, 1905.202,
1907.25, and 2947.09 of the Revised Code to
require that all moneys collected by the clerk of
a municipal or county court be paid to the
appropriate person, fund, or entity on or before
the twentieth day of the month following the month
in which they are collected; to authorize a
municipal, mayor's, or county court to require
community service in lieu of costs if at the time
of sentencing or any time after sentencing the
court finds that the offender cannot pay costs; to
authorize a municipal, mayor's, or county court to
allow payment of costs in installments if at the
time of sentencing or at any time after sentencing
the court finds that the offender will not be able
to pay costs in full when due; to raise the
ceilings on the optional additional fees that a
court of common pleas may charge to fund court
computerization or computerization of the court
clerk's office; to authorize use of the additional
clerk's fees to fund technological advances in the
clerk's office; to authorize new fees to fund
computerization of or technological advances in
the clerk's office; to ensure that after notice to
the debtor and an opportunity to enter into an
installment payment or community service agreement
with the court neither the Registrar of Motor
Vehicles nor any deputy registrar accepts any
application for the registration or transfer of
registration of a motor vehicle of a person who
fails to pay any fine or costs imposed for
offenses by a common pleas, municipal, mayor's, or
county court; and to require a court in
determining the sentence for a criminal offense to
consider emotional, mental, or physical conditions
traceable to an offender's military service that
contributed to the offender's commission of the
offense and to consider the offender's military
service record.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.261, 1901.31, 1907.20, 1907.26,
1907.261, 2303.201, 2929.12, 2929.22, and 4503.39 be amended and
sections 1901.44, 1905.202, 1907.25, and 2947.09 of the Revised
Code be enacted to read as follows:
Sec. 1901.261. (A)(1) A municipal court may determine that
for the efficient operation of the court additional funds are
required to computerize the court, to make available computerized
legal research services, or to do both. Upon making a
determination that additional funds are required for either or
both of those purposes, the court shall include in its schedule of
fees and costs under section 1901.26 of the Revised Code one
additional fee not to exceed three dollars on the filing of each
cause of action or appeal equivalent to one described in division
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall
direct the clerk of the court to charge the fee.
(2) All fees collected under this section shall be paid on or
before the twentieth day of the month following the month in which
they are collected to the county treasurer if the court is a
county-operated municipal court or to the city treasurer if the
court is not a county-operated municipal court. The treasurer
shall place the funds from the fees in a separate fund to be
disbursed upon an order of the court, subject to an appropriation
by the board of county commissioners if the court is a
county-operated municipal court or by the legislative authority of
the municipal corporation if the court is not a county-operated
municipal court, or upon an order of the court, subject to the
court making an annual report available to the public listing the
use of all such funds, in an amount not greater than the actual
cost to the court of computerizing the court, procuring and
maintaining computerized legal research services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and, subject to an
appropriation by the board of county commissioners if the court is
a county-operated municipal court or by the legislative authority
of the municipal corporation if the court is not a county-operated
municipal court, expend those surplus funds, or upon an order of
the court, subject to the court making an annual report available
to the public listing the use of all such funds, expend those
surplus funds, for other appropriate technological expenses of the
court.
(B)(1) A municipal court may determine that, for the
efficient operation of the court, additional funds are required to
computerize the office of the clerk of the court and, upon that
determination, may include in its schedule of fees and costs under
section 1901.26 of the Revised Code an additional fee not to
exceed ten dollars on the filing of each cause of action or
appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment that is equivalent to one described in division (A), (P),
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject
to division (B)(2) of this section, all moneys collected under
division (B)(1) of this section shall be paid on or before the
twentieth day of the month following the month in which they are
collected to the county treasurer if the court is a
county-operated municipal court or to the city treasurer if the
court is not a county-operated municipal court. The treasurer
shall place the funds from the fees in a separate fund to be
disbursed, upon an order of the municipal court and subject to an
appropriation by the board of county commissioners if the court is
a county-operated municipal court or by the legislative authority
of the municipal corporation if the court is not a county-operated
municipal court, in an amount no greater than the actual cost to
the court of procuring and maintaining computer systems for the
office of the clerk of the municipal court.
(2) If a municipal court makes the determination described in
division (B)(1) of this section, the board of county commissioners
of the county if the court is a county-operated municipal court or
the legislative authority of the municipal corporation if the
court is not a county-operated municipal court, may issue one or
more general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the municipal court. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges and financing costs related to any
general obligation bonds issued pursuant to division (B)(2) of
this section as they become due. General obligation bonds issued
pursuant to division (B)(2) of this section are Chapter 133.
securities.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed or
elected as follows:
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton
county, Miami county, Montgomery county, Portage county, and Wayne
county municipal courts and through December 31, 2008, the
Cuyahoga Falls municipal court, if the population of the territory
equals or exceeds one hundred thousand at the regular municipal
election immediately preceding the expiration of the term of the
present clerk, the clerk shall be nominated and elected by the
qualified electors of the territory in the manner that is provided
for the nomination and election of judges in section 1901.07 of
the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the county
treasury in semimonthly installments and is in addition to the
annual compensation that is received for the performance of the
duties of the clerk of courts of Hamilton county, as provided in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal courts,
the clerks of courts of Portage county and Wayne county shall be
the clerks, respectively, of the Portage county and Wayne county
municipal courts and may appoint a chief deputy clerk for each
branch that is established pursuant to section 1901.311 of the
Revised Code and assistant clerks as the judges of the municipal
court determine are necessary, all of whom shall receive the
compensation that the legislative authority prescribes. The clerks
of courts of Portage county and Wayne county, acting as the clerks
of the Portage county and Wayne county municipal courts and
assuming the duties of these offices, shall receive compensation
payable from the county treasury in semimonthly installments at
one-fourth the rate that is prescribed for the clerks of courts of
common pleas as determined in accordance with the population of
the county and the rates set forth in sections 325.08 and 325.18
of the Revised Code.
(d) In the Montgomery county and Miami county municipal
courts, the clerks of courts of Montgomery county and Miami county
shall be the clerks, respectively, of the Montgomery county and
Miami county municipal courts. The clerks of courts of Montgomery
county and Miami county, acting as the clerks of the Montgomery
county and Miami county municipal courts and assuming the duties
of these offices, shall receive compensation at one-fourth the
rate that is prescribed for the clerks of courts of common pleas
as determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code. This compensation shall be paid from the county treasury in
semimonthly installments and is in addition to the annual
compensation that is received for the performance of the duties of
the clerks of courts of Montgomery county and Miami county, as
provided in sections 325.08 and 325.18 of the Revised Code.
(e) Except as otherwise provided in division (A)(1)(e) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Akron for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Akron municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Akron municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(f) Except as otherwise provided in division (A)(1)(f) of
this section, in the Barberton municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Barberton for the
nomination of municipal officers. Notwithstanding any contrary
provision of section 3513.05 or 3513.257 of the Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of independent candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Barberton municipal court shall contain a designation of
the term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(g)(i) Through December 31, 2008, except as otherwise
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga
Falls municipal court, candidates for election to the office of
clerk of the court shall be nominated by primary election. The
primary election shall be held on the day specified in the charter
of the city of Cuyahoga Falls for the nomination of municipal
officers. Notwithstanding any contrary provision of section
3513.05 or 3513.257 of the Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of independent candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least fifty
qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Cuyahoga Falls municipal court shall contain a designation
of the term for which the candidate seeks election. At the
following regular municipal election, all candidates for the
office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(ii) Division (A)(1)(g)(i) of this section shall have no
effect after December 31, 2008.
(h) Except as otherwise provided in division (A)(1)(h) of
this section, in the Toledo municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Toledo for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Toledo municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Toledo municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county, Brown
county, Columbiana county, Holmes county, Putnam county, Sandusky
county, Lorain, Massillon, and Youngstown municipal courts, in a
municipal court for which the population of the territory is less
than one hundred thousand, the clerk shall be appointed by the
court, and the clerk shall hold office until the clerk's successor
is appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, Holmes county,
Putnam county, and Sandusky county municipal courts, the clerks of
courts of Auglaize county, Brown county, Holmes county, Putnam
county, and Sandusky county shall be the clerks, respectively, of
the Auglaize county, Brown county, Holmes county, Putnam county,
and Sandusky county municipal courts and may appoint a chief
deputy clerk for each branch office that is established pursuant
to section 1901.311 of the Revised Code, and assistant clerks as
the judge of the court determines are necessary, all of whom shall
receive the compensation that the legislative authority
prescribes. The clerks of courts of Auglaize county, Brown county,
Holmes county, Putnam county, and Sandusky county, acting as the
clerks of the Auglaize county, Brown county, Holmes county, Putnam
county, and Sandusky county municipal courts and assuming the
duties of these offices, shall receive compensation payable from
the county treasury in semimonthly installments at one-fourth the
rate that is prescribed for the clerks of courts of common pleas
as determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of Columbiana county shall be the clerk of the municipal
court, may appoint a chief deputy clerk for each branch office
that is established pursuant to section 1901.311 of the Revised
Code, and may appoint any assistant clerks that the judges of the
court determine are necessary. All of the chief deputy clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as the clerk of the Columbiana county
municipal court and assuming the duties of that office, shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is prescribed for the clerks of courts of common pleas
as determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code.
(3) During the temporary absence of the clerk due to illness,
vacation, or other proper cause, the court may appoint a temporary
clerk, who shall be paid the same compensation, have the same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county, Montgomery county, Miami
county, Portage county, and Wayne county municipal courts, if a
vacancy occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class mail of the
date, time, and place of the meeting and its purpose. A majority
of all such members of that county central committee constitutes a
quorum, and a majority of the quorum is required to make the
appointment. If the office so vacated was occupied or was to be
occupied by a person not nominated at a primary election, or if
the appointment was not made by the committee members in
accordance with this division, the court shall make an appointment
to fill the vacancy. A successor shall be elected to fill the
office for the unexpired term at the first municipal election that
is held more than one hundred thirty-five days after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county, the Columbiana county, the Holmes county, the
Putnam county, the Sandusky county, and the Lorain municipal
courts, for which the population of the territory is less than one
hundred thousand, the clerk of the municipal court shall receive
the annual compensation that the presiding judge of the court
prescribes, if the revenue of the court for the preceding calendar
year, as certified by the auditor or chief fiscal officer of the
municipal corporation in which the court is located or, in the
case of a county-operated municipal court, the county auditor, is
equal to or greater than the expenditures, including any debt
charges, for the operation of the court payable under this chapter
from the city treasury or, in the case of a county-operated
municipal court, the county treasury for that calendar year, as
also certified by the auditor or chief fiscal officer. If the
revenue of a municipal court, other than the Auglaize county, the
Brown county, the Columbiana county, the Putnam county, the
Sandusky county, and the Lorain municipal courts, for which the
population of the territory is less than one hundred thousand for
the preceding calendar year as so certified is not equal to or
greater than those expenditures for the operation of the court for
that calendar year as so certified, the clerk of a municipal court
shall receive the annual compensation that the legislative
authority prescribes. As used in this division, "revenue" means
the total of all costs and fees that are collected and paid to the
city treasury or, in a county-operated municipal court, the county
treasury by the clerk of the municipal court under division (F) of
this section and all interest received and paid to the city
treasury or, in a county-operated municipal court, the county
treasury in relation to the costs and fees under division (G) of
this section.
(2) In a municipal court, other than the Hamilton county,
Montgomery county, Miami county, Portage county, and Wayne county
municipal courts, for which the population of the territory is one
hundred thousand or more, and in the Lorain municipal court, the
clerk of the municipal court shall receive annual compensation in
a sum equal to eighty-five per cent of the salary of a judge of
the court.
(3) The compensation of a clerk described in division (C)(1)
or (2) of this section and of the clerk of the Columbiana county
municipal court is payable in either semimonthly installments or
biweekly installments, as determined by the payroll administrator,
from the same sources and in the same manner as provided in
section 1901.11 of the Revised Code, except that the compensation
of the clerk of the Carroll county municipal court is payable in
biweekly installments.
(D) Before entering upon the duties of the clerk's office,
the clerk of a municipal court shall give bond of not less than
six thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue executions
upon any judgment rendered in the court, including a judgment for
unpaid costs; issue, sign, and attach the seal of the court to all
writs, process, subpoenas, and papers issuing out of the court;
and approve all bonds, sureties, recognizances, and undertakings
fixed by any judge of the court or by law. The clerk may refuse to
accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under
section 2323.52 of the Revised Code and who has failed to obtain
leave to proceed under that section. The clerk shall do all of the
following: file and safely keep all journals, records, books, and
papers belonging or appertaining to the court; record the
proceedings of the court; perform all other duties that the judges
of the court may prescribe; and keep a book showing all receipts
and disbursements, which book shall be open for public inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the docket,
the clerk shall enter, at the time of the commencement of an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or other process, returns, and any subsequent pleadings.
The clerk also shall enter all reports, verdicts, orders,
judgments, and proceedings of the court, clearly specifying the
relief granted or orders made in each action. The court may order
an extended record of any of the above to be made and entered,
under the proper action heading, upon the docket at the request of
any party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk shall each on or before the twentieth day of the month
following the month in which they are collected disburse to the
proper persons or officers, and take receipts for, all costs,
fees, fines, bail, and other moneys that the clerk collects.
Subject to sections 307.515 and 4511.193 of the Revised Code and
to any other section of the Revised Code that requires a specific
manner of disbursement of any moneys received by a municipal court
and except for the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay all fines received
for violation of municipal ordinances into the treasury of the
municipal corporation the ordinance of which was violated and
shall pay all fines received for violation of township resolutions
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of
the Revised Code into the treasury of the township the resolution
of which was violated. Subject to sections 1901.024 and 4511.193
of the Revised Code, in the Hamilton county, Lawrence county, and
Ottawa county municipal courts, the clerk shall pay fifty per cent
of the fines received for violation of municipal ordinances and
fifty per cent of the fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code into the treasury of the county.
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised
Code and to any other section of the Revised Code that requires a
specific manner of disbursement of any moneys received by a
municipal court, the clerk shall pay all fines collected for the
violation of state laws into the county treasury. Except in a
county-operated municipal court, the clerk shall pay all costs and
fees the disbursement of which is not otherwise provided for in
the Revised Code into the city treasury. The clerk of a
county-operated municipal court shall pay the costs and fees the
disbursement of which is not otherwise provided for in the Revised
Code into the county treasury. Moneys deposited as security for
costs shall be retained pending the litigation. The clerk shall
keep a separate account of all receipts and disbursements in civil
and criminal cases, which shall be a permanent public record of
the office. On the expiration of the term of the clerk, the clerk
shall deliver the records to the clerk's successor. The clerk
shall have other powers and duties as are prescribed by rule or
order of the court.
(G) All moneys paid into a municipal court shall be noted on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk shall
make a list of the titles of all cases in the court that were
finally determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part of
a deposit for security of costs not consumed by the costs in the
case. The clerk shall give notice of the moneys to the parties who
are entitled to the moneys or to their attorneys of record. All
the moneys remaining unclaimed on the first day of April of each
year shall be paid by the clerk to the city treasurer, except
that, in a county-operated municipal court, the moneys shall be
paid to the treasurer of the county in which the court is located.
The treasurer shall pay any part of the moneys at any time to the
person who has the right to the moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out of the city treasury, that the clerk may
prescribe, except that the compensation of any deputy clerk of a
county-operated municipal court shall be paid out of the treasury
of the county in which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an oath of
office before entering upon the duties of the deputy clerk's
office and, when so qualified, may perform the duties appertaining
to the office of the clerk. The clerk may require any of the
deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the population
of the territory of a municipal court falls below one hundred
thousand but not below ninety thousand, and the population of the
territory prior to the most recent regular federal census exceeded
one hundred thousand, the legislative authority of the municipal
corporation may declare, by resolution, that the territory shall
be considered to have a population of at least one hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at all
sessions of the municipal court, although not necessarily in the
courtroom, and may administer oaths to witnesses and jurors and
receive verdicts.
Sec. 1901.44. (A)(1) Notwithstanding any other provision of
the Revised Code, if at the time of sentencing or at any time
after sentencing a municipal court finds that a person who is
found guilty of an offense is unable to pay costs, the court may
order the offender to perform community service in lieu of costs.
(2) Notwithstanding any other provision of the Revised Code,
if at the time of sentencing or at any time after sentencing a
municipal court finds that a person who is found guilty of an
offense will not be able to pay costs in full when they are due,
the court may order the offender to pay the costs in installments
according to a schedule set by the court.
(B) If a person is charged with an offense in municipal court
and either fails to appear in court at the required time and place
to answer the charge or pleads guilty to or is found guilty of the
offense and fails within the time allowed by the court to pay any
fine or costs imposed by the court, unless the court previously
has given written notice to the person, the court shall send the
person a notice by ordinary mail at the person's last known
address stating that there is a balance due, specifying the amount
of the balance due, and directing the person to contact the court
clerk's office within ten days of the date of the notice. The
notice shall include the sentence: "WARNING: Failure to timely
respond to this notice may result in the blocking of your motor
vehicle registration or transfer of registration!" To avoid a
block on the person's motor vehicle registration or transfer of
registration, the person may enter into a written agreement with
the court to pay the balance due in installments or to perform
community service in lieu of payment. The agreement shall include
the sentence: "WARNING: Failure to comply with the payment
schedule or to complete your community service requirement may
result in the blocking of your motor vehicle registration or
transfer of registration!"
If a person does not enter into an agreement under this
division or if a person fails to comply with an agreement entered
into under this division, the court may enter information relative
to the person's failure to pay any outstanding amount of the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (C) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar accepts any application for the registration or
transfer of registration of any motor vehicle owned or leased by
the person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed under
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (C) of this section and sending the
form to the registrar.
(C) The registrar shall prescribe and make available to
municipal courts forms to be used for a notice to the registrar of
failure to pay fines or costs and a notice to the registrar of
payment of fines or costs under division (B) of this section. The
registrar may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1905.202. (A)(1) Notwithstanding any other provision of
the Revised Code, if at the time of sentencing or at any time
after sentencing a mayor's court finds that a person who is found
guilty of an offense is unable to pay costs, the court may order
the offender to perform community service in lieu of costs.
(2) Notwithstanding any other provision of the Revised Code,
if at the time of sentencing or at any time after sentencing a
mayor's court finds that a person who is found guilty of an
offense will not be able to pay costs in full when they are due,
the court may order the offender to pay the costs in installments
according to a schedule set by the court.
(B) If a person is charged with an offense in mayor's court
and either fails to appear in court at the required time and place
to answer the charge or pleads guilty to or is found guilty of the
offense and fails within the time allowed by the court to pay any
fine or costs imposed by the court, unless the court previously
has given written notice to the person, the court shall send the
person a notice by ordinary mail at the person's last known
address stating that there is a balance due, specifying the amount
of the balance due, and directing the person to contact the court
clerk's office within ten days of the date of the notice. The
notice shall include the sentence: "WARNING: Failure to timely
respond to this notice may result in the blocking of your motor
vehicle registration or transfer of registration!" To avoid a
block on the person's motor vehicle registration or transfer of
registration, the person may enter into a written agreement with
the court to pay the balance due in installments or to perform
community service in lieu of payment. The agreement shall include
the sentence: "WARNING: Failure to comply with the payment
schedule or to complete your community service requirement may
result in the blocking of your motor vehicle registration or
transfer of registration!"
If a person does not enter into an agreement under this
division or if a person fails to comply with an agreement entered
into under this division, the court may enter information relative
to the person's failure to pay any outstanding amount of the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (C) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar accepts any application for the registration or
transfer of registration of any motor vehicle owned or leased by
the person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed under
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (C) of this section and sending the
form to the registrar.
(C) The registrar shall prescribe and make available to
mayor's courts forms to be used for a notice to the registrar of
failure to pay fines or costs and a notice to the registrar of
payment of fines or costs under division (B) of this section. The
registrar may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1907.20. (A) The clerk of courts shall be the clerk of
the county court, except that the board of county commissioners,
with the concurrence of the county court judges, may appoint a
clerk for each county court judge, who shall serve at the pleasure
of the board and shall receive compensation as set by the board,
payable in semimonthly installments from the treasury of the
county. An appointed clerk, before entering upon the duties of the
office, shall give bond of not less than five thousand dollars, as
determined by the board of county commissioners, conditioned upon
the faithful performance of the clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county courts, and upon assuming their county court
duties, shall receive compensation at one-fourth the rate
prescribed for the clerks of courts of common pleas as determined
in accordance with the population of the county and the rates set
forth in sections 325.08 and 325.18 of the Revised Code. This
compensation shall be paid from the county treasury in semimonthly
installments and is in addition to the annual compensation
received for the performance of the duties of the clerk of a court
of common pleas as provided in sections 325.08 and 325.18 of the
Revised Code.
(B) The clerk of a county court shall have general powers to
administer oaths, take affidavits, and issue executions upon any
judgment rendered in the county court, including a judgment for
unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the
seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals, records, books, and papers belonging or appertaining to
the court, record its proceedings, perform all other duties that
the judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public
inspection at all times. The clerk may refuse to accept for filing
any pleading or paper submitted for filing by a person who has
been found to be a vexatious litigator under section 2323.52 of
the Revised Code and who has failed to obtain leave to proceed
under that section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by the
board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public records
of the court. In the docket, the clerk shall enter at times of the
commencement of an action, the names of the parties in full, the
names of the counsel, and the nature of the proceedings. Under
proper dates, the clerk shall note the filing of the complaint,
issuing of summons or other process, returns, and pleadings
subsequent thereto. The clerk also shall enter all reports,
verdicts, orders, judgments, and proceedings of the court, clearly
specifying the relief granted or orders made in each action. The
court may order an extended record of any of the above to be made
and entered, under the proper action heading, upon the docket at
the request of any party to the case, the expense of which may be
taxed as costs in the case or may be required to be prepaid by the
party demanding the extended record, upon order of the court.
(C) The clerk of a county court shall receive and collect all
costs, fees, fines, penalties, bail, and other moneys payable to
the office or to any officer of the court and issue receipts
therefor, and shall each on or before the twentieth day of the
month following the month in which they are collected disburse the
costs, fees, fines, penalties, bail, and other moneys to the
proper persons or officers and take receipts therefor. Subject to
sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised
Code and all other statutes that require a different distribution
of fines, fines received for violations of municipal ordinances
shall be paid into the treasury of the municipal corporation whose
ordinance was violated, fines received for violations of township
resolutions adopted pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code shall be paid into the treasury
of the township whose resolution was violated, and fines collected
for the violation of state laws shall be paid into the county
treasury. Moneys deposited as security for costs shall be retained
pending the litigation.
The clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases. The separate account
shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be delivered to
the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on the
record of the case in which they are paid and shall be deposited
in a state or national bank selected by the clerk. On the first
Monday in January of each year, the clerk shall make a list of the
titles of all cases in the county court that were finally
determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part of
a deposit for security of costs not consumed by the costs in the
case. The clerk shall give notice of the moneys to the parties
entitled to them or to their attorneys of record. All the moneys
remaining unclaimed on the first day of April of each year shall
be paid by the clerk to the county treasurer. Any part of the
moneys shall be paid by the county treasurer at any time to the
person having the right to them, upon proper certification of the
clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the county
treasury as the board may prescribe. Each deputy clerk shall take
an oath of office before entering upon the duties of the deputy
clerk's office and, when so qualified, may perform the duties
appertaining to the office of the clerk. The clerk may require any
of the deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(2) A clerk of courts acting as clerk of the county court may
appoint deputy clerks to perform the duties pertaining to the
office of clerk of the county court. Each deputy clerk shall take
an oath of office before entering upon the deputy clerk's duties,
and the clerk of courts may require the deputy clerk to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be in
attendance at all sessions of the court, although not necessarily
in the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
(F)(1) In county court districts having appointed clerks, the
board of county commissioners may order the establishment of one
or more branch offices of the clerk and, with the concurrence of
the county judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of the
deputy clerk's office and, when so qualified, may perform any one
or more of the duties appertaining to the office of clerk, as the
board prescribes. Special deputy clerks shall receive such
compensation payable in semimonthly installments out of the county
treasury as the board may prescribe. The board may require any of
the special deputy clerks to give bond of not less than three
thousand dollars, conditioned for the faithful performance of the
deputy clerk's duties.
The board of county commissioners may authorize the clerk of
the county court to operate one or more branch offices, to divide
the clerk's time between the offices, and to perform duties
appertaining to the office of clerk in locations that the board
prescribes.
(2) A clerk of courts acting as clerk of the county court may
establish one or more branch offices for the clerk's duties as
clerk of the county court and, with the concurrence of the county
court judges, may appoint a special deputy clerk to administer
each branch office. Each special deputy clerk shall take an oath
of office before entering upon the deputy clerk's duties and, when
so qualified, may perform any of the duties pertaining to the
office of clerk, as the clerk of courts prescribes. The clerk of
courts may require any of the special deputy clerks to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks appointed
by the clerk pursuant to this section. Those personnel shall be
paid and be subject to the same requirements as other employees of
the clerk under the provisions of section 325.17 of the Revised
Code insofar as that section is applicable.
Sec. 1907.25. (A)(1) Notwithstanding any other provision of
the Revised Code, if at the time of sentencing or at any time
after sentencing a county court finds that a person who is found
guilty of an offense is unable to pay costs, the court may order
the offender to perform community service in lieu of costs.
(2) Notwithstanding any other provision of the Revised Code,
if at the time of sentencing or at any time after sentencing a
county court finds that a person who is found guilty of an offense
will not be able to pay costs in full when they are due, the court
may order the offender to pay the costs in installments according
to a schedule set by the court.
(B) If a person is charged with an offense in county court
and either fails to appear in court at the required time and place
to answer the charge or pleads guilty to or is found guilty of the
offense and fails within the time allowed by the court to pay any
fine or costs imposed by the court, unless the court previously
has given written notice to the person, the court shall send the
person a notice by ordinary mail at the person's last known
address stating that there is a balance due, specifying the amount
of the balance due, and directing the person to contact the court
clerk's office within ten days of the date of the notice. The
notice shall include the sentence: "WARNING: Failure to timely
respond to this notice may result in the blocking of your motor
vehicle registration or transfer of registration!" To avoid a
block on the person's motor vehicle registration or transfer of
registration, the person may enter into a written agreement with
the court to pay the balance due in installments or to perform
community service in lieu of payment. The agreement shall include
the sentence: "WARNING: Failure to comply with the payment
schedule or to complete your community service requirement may
result in the blocking of your motor vehicle registration or
transfer of registration!"
If a person does not enter into an agreement under this
division or if a person fails to comply with an agreement entered
into under this division, the court may enter information relative
to the person's failure to pay any outstanding amount of the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (C) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar accepts any application for the registration or
transfer of registration of any motor vehicle owned or leased by
the person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed under
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (C) of this section and sending the
form to the registrar.
(C) The registrar shall prescribe and make available to
county courts forms to be used for a notice to the registrar of
failure to pay fines or costs and a notice to the registrar of
payment of fines or costs under division (B) of this section. The
registrar may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1907.26. Judges of a county court shall not retain any
of the costs or fees specified in the schedules adopted pursuant
to section 1907.24 of the Revised Code nor shall they retain a fee
for performing a marriage ceremony. Those costs and fees that
cannot be retained shall be transmitted to the general fund of the
county on or before the first business twentieth day of each the
month following the month in which they are collected.
Sec. 1907.261. (A)(1) A county court may determine that for
the efficient operation of the court additional funds are required
to computerize the court, to make available computerized legal
research services, or to do both. Upon making a determination that
additional funds are required for either or both of those
purposes, the court shall include in its schedule of fees and
costs under section 1907.24 of the Revised Code one additional fee
not to exceed three dollars on the filing of each cause of action
or appeal equivalent to one described in division (A), (Q), or (U)
of section 2303.20 of the Revised Code and shall direct the clerk
of the court to charge the fee.
(2) All fees collected under this section shall be paid on or
before the twentieth day of the month following the month in which
they are collected to the county treasurer. The treasurer shall
place the funds from the fees in a separate fund to be disbursed
either upon an order of the court, subject to an appropriation by
the board of county commissioners, or upon an order of the court,
subject to the court making an annual report available to the
public listing the use of all such funds, in an amount not greater
than the actual cost to the court of computerizing the court,
procuring and maintaining computerized legal research services, or
both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and, subject to an
appropriation by the board of county commissioners, expend those
surplus funds, or upon an order of the court, subject to the court
making an annual report available to the public listing the use of
all such funds, expend those surplus funds, for other appropriate
technological expenses of the court.
(B)(1) A county court may determine that, for the efficient
operation of the court, additional funds are required to
computerize the office of the clerk of the court and, upon that
determination, may include in its schedule of fees and costs under
section 1907.24 of the Revised Code an additional fee not to
exceed ten dollars on the filing of each cause of action or
appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment that is equivalent to one described in division (A), (P),
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject
to division (B)(2) of this section, all moneys collected under
division (B)(1) of this section shall be paid on or before the
twentieth day of the month following the month in which they are
collected to the county treasurer. The treasurer shall place the
funds from the fees in a separate fund to be disbursed, upon an
order of the county court and subject to an appropriation by the
board of county commissioners, in an amount no greater than the
actual cost to the court of procuring and maintaining computer
systems for the office of the clerk of the county court.
(2) If a county court makes the determination described in
division (B)(1) of this section, the board of county commissioners
of that county may issue one or more general obligation bonds for
the purpose of procuring and maintaining the computer systems for
the office of the clerk of the county court. In addition to the
purposes stated in division (B)(1) of this section for which the
moneys collected under that division may be expended, the moneys
additionally may be expended to pay debt charges and financing
costs related to any general obligation bonds issued pursuant to
division (B)(2) of this section as they become due. General
obligation bonds issued pursuant to division (B)(2) of this
section are Chapter 133. securities.
Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the court
additional funds are required to computerize the court, to make
available computerized legal research services, or to do both.
Upon making a determination that additional funds are required for
either or both of those purposes, the court shall authorize and
direct the clerk of the court of common pleas to charge one
additional fee, not to exceed three six dollars, on the filing of
each cause of action or appeal under divisions (A), (Q), and (U)
of section 2303.20 of the Revised Code.
(2) All fees collected under division (A)(1) of this section
shall be paid to the county treasurer. The treasurer shall place
the funds from the fees in a separate fund to be disbursed either
upon an order of the court, subject to an appropriation by the
board of county commissioners, or upon an order of the court,
subject to the court making an annual report available to the
public listing the use of all such funds, in an amount not greater
than the actual cost to the court of procuring and maintaining
computerization of the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and, subject to an
appropriation by the board of county commissioners, expend those
surplus funds, or upon an order of the court, subject to the court
making an annual report available to the public listing the use of
all such funds, expend those surplus funds, for other appropriate
technological expenses of the court.
(B)(1) The court of common pleas of any county may determine
that, for the efficient operation of the court, additional funds
are required to make technological advances in or to computerize
the office of the clerk of the court of common pleas and, upon
that determination, authorize and direct the clerk of the court of
common pleas to charge an additional fee, not to exceed ten twenty
dollars, on the filing of each cause of action or appeal, on the
filing, docketing, and endorsing of each certificate of judgment,
or on the docketing and indexing of each aid in execution or
petition to vacate, revive, or modify a judgment under divisions
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code
and not to exceed one dollar each for the services described in
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of
the Revised Code. Subject to division (B)(2) of this section, all
moneys collected under division (B)(1) of this section shall be
paid to the county treasurer to be disbursed, upon an order of the
court of common pleas and subject to appropriation by the board of
county commissioners, in an amount no greater than the actual cost
to the court of procuring and maintaining technology and computer
systems for the office of the clerk of the court of common pleas.
(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or more
general obligation bonds for the purpose of procuring and
maintaining the technology and computer systems for the office of
the clerk of the court of common pleas. In addition to the
purposes stated in division (B)(1) of this section for which the
moneys collected under that division may be expended, the moneys
additionally may be expended to pay debt charges on and financing
costs related to any general obligation bonds issued pursuant to
division (B)(2) of this section as they become due. General
obligation bonds issued pursuant to division (B)(2) of this
section are Chapter 133. securities.
(C) The court of common pleas shall collect the sum of
twenty-six dollars as additional filing fees in each new civil
action or proceeding for the charitable public purpose of
providing financial assistance to legal aid societies that operate
within the state and to support the office of the state public
defender. This division does not apply to proceedings concerning
annulments, dissolutions of marriage, divorces, legal separation,
spousal support, marital property or separate property
distribution, support, or other domestic relations matters; to a
juvenile division of a court of common pleas; to a probate
division of a court of common pleas, except that the additional
filing fees shall apply to name change, guardianship, adoption,
and decedents' estate proceedings; or to an execution on a
judgment, proceeding in aid of execution, or other post-judgment
proceeding arising out of a civil action. The filing fees required
to be collected under this division shall be in addition to any
other filing fees imposed in the action or proceeding and shall be
collected at the time of the filing of the action or proceeding.
The court shall not waive the payment of the additional filing
fees in a new civil action or proceeding unless the court waives
the advanced payment of all filing fees in the action or
proceeding. All such moneys collected during a month except for an
amount equal to up to one per cent of those moneys retained to
cover administrative costs shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state in a manner prescribed by the treasurer of
state or by the Ohio legal assistance foundation. The treasurer of
state shall deposit four per cent of the funds collected under
this division to the credit of the civil case filing fee fund
established under section 120.07 of the Revised Code and
ninety-six per cent of the funds collected under this division to
the credit of the legal aid fund established under section 120.52
of the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division. If the court fails to transmit to the
treasurer of state the moneys the court collects under this
division in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation, the court shall forfeit the
moneys the court retains under this division to cover
administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit
to the treasurer of state all moneys collected under this
division, including the forfeited amount retained for
administrative costs, for deposit in the legal aid fund.
(D) On and after the thirtieth day after December 9, 1994,
the court of common pleas shall collect the sum of thirty-two
dollars as additional filing fees in each new action or proceeding
for annulment, divorce, or dissolution of marriage for the purpose
of funding shelters for victims of domestic violence pursuant to
sections 3113.35 to 3113.39 of the Revised Code. The filing fees
required to be collected under this division shall be in addition
to any other filing fees imposed in the action or proceeding and
shall be collected at the time of the filing of the action or
proceeding. The court shall not waive the payment of the
additional filing fees in a new action or proceeding for
annulment, divorce, or dissolution of marriage unless the court
waives the advanced payment of all filing fees in the action or
proceeding. On or before the twentieth day of each month, all
moneys collected during the immediately preceding month pursuant
to this division shall be deposited by the clerk of the court into
the county treasury in the special fund used for deposit of
additional marriage license fees as described in section 3113.34
of the Revised Code. Upon their deposit into the fund, the moneys
shall be retained in the fund and expended only as described in
section 3113.34 of the Revised Code.
(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire and pay for special projects of the court, including,
but not limited to, the acquisition of additional facilities or
the rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to
all other court costs, on the filing of each criminal cause, civil
action or proceeding, or judgment by confession.
If the court of common pleas offers a special program or
service in cases of a specific type, the court by rule may assess
an additional charge in a case of that type, over and above court
costs, to cover the special program or service. The court shall
adjust the special assessment periodically, but not retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (E) of this section shall
be paid to the county treasurer for deposit into either a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed upon
an order of the court, subject to an appropriation by the board of
county commissioners, in an amount no greater than the actual cost
to the court of a project. If a specific fund is terminated
because of the discontinuance of a program or service established
under division (E) of this section, the court may order, subject
to an appropriation by the board of county commissioners, that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a) "Criminal cause" means a charge alleging the violation of
a statute or ordinance, or subsection of a statute or ordinance,
that requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty,
whether filed as part of a multiple charge on a single summons,
citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include
separate violations of the same statute or ordinance, or
subsection of the same statute or ordinance, unless each charge is
filed on a separate summons, citation, or complaint.
(b) "Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.
Sec. 2929.12. (A) Unless otherwise required by section
2929.13 or 2929.14 of the Revised Code, a court that imposes a
sentence under this chapter upon an offender for a felony has
discretion to determine the most effective way to comply with the
purposes and principles of sentencing set forth in section 2929.11
of the Revised Code. In exercising that discretion, the court
shall consider the factors set forth in divisions (B) and (C) of
this section relating to the seriousness of the conduct and, the
factors provided in divisions (D) and (E) of this section relating
to the likelihood of the offender's recidivism, and the factors
set forth in division (F) of this section pertaining to the
offender's service in the armed forces of the United States and,
in addition, may consider any other factors that are relevant to
achieving those purposes and principles of sentencing.
(B) The sentencing court shall consider all of the following
that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's
conduct is more serious than conduct normally constituting the
offense:
(1) The physical or mental injury suffered by the victim of
the offense due to the conduct of the offender was exacerbated
because of the physical or mental condition or age of the victim.
(2) The victim of the offense suffered serious physical,
psychological, or economic harm as a result of the offense.
(3) The offender held a public office or position of trust in
the community, and the offense related to that office or position.
(4) The offender's occupation, elected office, or profession
obliged the offender to prevent the offense or bring others
committing it to justice.
(5) The offender's professional reputation or occupation,
elected office, or profession was used to facilitate the offense
or is likely to influence the future conduct of others.
(6) The offender's relationship with the victim facilitated
the offense.
(7) The offender committed the offense for hire or as a part
of an organized criminal activity.
(8) In committing the offense, the offender was motivated by
prejudice based on race, ethnic background, gender, sexual
orientation, or religion.
(9) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the time of the violation, the offender committed the offense in
the vicinity of one or more children who are not victims of the
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or
more of those children.
(C) The sentencing court shall consider all of the following
that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's
conduct is less serious than conduct normally constituting the
offense:
(1) The victim induced or facilitated the offense.
(2) In committing the offense, the offender acted under
strong provocation.
(3) In committing the offense, the offender did not cause or
expect to cause physical harm to any person or property.
(4) There are substantial grounds to mitigate the offender's
conduct, although the grounds are not enough to constitute a
defense.
(D) The sentencing court shall consider all of the following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is likely to commit future
crimes:
(1) At the time of committing the offense, the offender was
under release from confinement before trial or sentencing, under a
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code, or under post-release control pursuant to
section 2967.28 or any other provision of the Revised Code for an
earlier offense or had been unfavorably terminated from
post-release control for a prior offense pursuant to division (B)
of section 2967.16 or section 2929.141 of the Revised Code.
(2) The offender previously was adjudicated a delinquent
child pursuant to Chapter 2151. of the Revised Code prior to
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code,
or the offender has a history of criminal convictions.
(3) The offender has not been rehabilitated to a satisfactory
degree after previously being adjudicated a delinquent child
pursuant to Chapter 2151. of the Revised Code prior to January 1,
2002, or pursuant to Chapter 2152. of the Revised Code, or the
offender has not responded favorably to sanctions previously
imposed for criminal convictions.
(4) The offender has demonstrated a pattern of drug or
alcohol abuse that is related to the offense, and the offender
refuses to acknowledge that the offender has demonstrated that
pattern, or the offender refuses treatment for the drug or alcohol
abuse.
(5) The offender shows no genuine remorse for the offense.
(E) The sentencing court shall consider all of the following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is not likely to commit
future crimes:
(1) Prior to committing the offense, the offender had not
been adjudicated a delinquent child.
(2) Prior to committing the offense, the offender had not
been convicted of or pleaded guilty to a criminal offense.
(3) Prior to committing the offense, the offender had led a
law-abiding life for a significant number of years.
(4) The offense was committed under circumstances not likely
to recur.
(5) The offender shows genuine remorse for the offense.
(F) The sentencing court shall consider the offender's
military service record and whether the offender has an emotional,
mental, or physical condition that is traceable to the offender's
service in the armed forces of the United States and that was a
contributing factor in the offender's commission of the offense or
offenses.
Sec. 2929.22. (A) Unless a mandatory jail term is required
to be imposed by division (G) of section 1547.99, division (B) of
section 4510.14, division (G) of section 4511.19 of the Revised
Code, or any other provision of the Revised Code a court that
imposes a sentence under this chapter upon an offender for a
misdemeanor or minor misdemeanor has discretion to determine the
most effective way to achieve the purposes and principles of
sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is
precluded from being imposed by the section setting forth an
offense or the penalty for an offense or by any provision of
sections 2929.23 to 2929.28 of the Revised Code, a court that
imposes a sentence upon an offender for a misdemeanor may impose
on the offender any sanction or combination of sanctions under
sections 2929.24 to 2929.28 of the Revised Code. The court shall
not impose a sentence that imposes an unnecessary burden on local
government resources.
(B)(1) In determining the appropriate sentence for a
misdemeanor, the court shall consider all of the following
factors:
(a) The nature and circumstances of the offense or offenses;
(b) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender has a history of
persistent criminal activity and that the offender's character and
condition reveal a substantial risk that the offender will commit
another offense;
(c) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender's history,
character, and condition reveal a substantial risk that the
offender will be a danger to others and that the offender's
conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences;
(d) Whether the victim's youth, age, disability, or other
factor made the victim particularly vulnerable to the offense or
made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes in
general, in addition to the circumstances described in divisions
(B)(1)(b) and (c) of this section;
(f) Whether the offender has an emotional, mental, or
physical condition that is traceable to the offender's service in
the armed forces of the United States and that was a contributing
factor in the offender's commission of the offense or offenses;
(g) The offender's military service record.
(2) In determining the appropriate sentence for a
misdemeanor, in addition to complying with division (B)(1) of this
section, the court may consider any other factors that are
relevant to achieving the purposes and principles of sentencing
set forth in section 2929.21 of the Revised Code.
(C) Before imposing a jail term as a sentence for a
misdemeanor, a court shall consider the appropriateness of
imposing a community control sanction or a combination of
community control sanctions under sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code. A court may impose the
longest jail term authorized under section 2929.24 of the Revised
Code only upon offenders who commit the worst forms of the offense
or upon offenders whose conduct and response to prior sanctions
for prior offenses demonstrate that the imposition of the longest
jail term is necessary to deter the offender from committing a
future crime.
(D)(1) A sentencing court shall consider any relevant oral or
written statement made by the victim, the defendant, the defense
attorney, or the prosecuting authority regarding sentencing for a
misdemeanor. This division does not create any rights to notice
other than those rights authorized by Chapter 2930. of the Revised
Code.
(2) At the time of sentencing for a misdemeanor or as soon as
possible after sentencing, the court shall notify the victim of
the offense of the victim's right to file an application for an
award of reparations pursuant to sections 2743.51 to 2743.72 of
the Revised Code.
Sec. 2947.09. (A) If a person is charged with an offense in
a court of common pleas and either fails to appear in court at the
required time and place to answer the charge or pleads guilty to
or is found guilty of the offense and fails within the time
allowed by the court to pay any fine or costs imposed by the
court, unless the court previously has given written notice to the
person, the court shall send the person a notice by ordinary mail
at the person's last known address stating that there is a balance
due, specifying the amount of the balance due, and directing the
person to contact the court clerk's office within ten days of the
date of the notice. The notice shall include the sentence:
"WARNING: Failure to timely respond to this notice may result in
the blocking of your motor vehicle registration or transfer of
registration!" To avoid a block on the person's motor vehicle
registration or transfer of registration, the person may enter
into a written agreement with the court to pay the balance due in
installments or to perform community service in lieu of payment.
The agreement shall include the sentence: "WARNING: Failure to
comply with the payment schedule or to complete your community
service requirement may result in the blocking of your motor
vehicle registration or transfer of registration!"
If a person does not enter into an agreement under this
division or if a person fails to comply with an agreement entered
into under this division, the court may enter information relative
to the person's failure to pay any outstanding amount of the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (B) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar accepts any application for the registration or
transfer of registration of any motor vehicle owned or leased by
the person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed under
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (B) of this section and sending the
form to the registrar.
(B) The registrar shall prescribe and make available to
courts of common pleas forms to be used for a notice to the
registrar of failure to pay fines or costs and a notice to the
registrar of payment of fines or costs under division (A) of this
section. The registrar may approve the use of other forms for
these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 4503.39. With regard to a motor vehicle leased by or in
the name of a person named in a suspension order or who is
precluded from registering or transferring registration of a motor
vehicle because of a failure to pay a fine or court costs, the
registrar of motor vehicles shall adopt procedures as indicated in
division (B) of section 1901.44, division (B) of section 1905.202,
division (B) of section 1907.25, division (D) of section 2935.27,
division (A) of section 2937.221, division (A) of section 2947.09,
and division (B) of section 4510.22 of the Revised Code. The
procedures shall prescribe the information and methodology
necessary to implement those divisions.
Section 2. That existing sections 1901.261, 1901.31,
1907.20, 1907.26, 1907.261, 2303.201, 2929.12, 2929.22, and
4503.39 of the Revised Code are hereby repealed.
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