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Sub. H. B. No. 247 As Reported by the House Judiciary and Ethics CommitteeAs Reported by the House Judiciary and Ethics Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, R., Beck, Grossman, Henne, Huffman, Letson, Murray, Stebelton, Slaby, Bubp
A BILL
To amend sections 181.25, 2947.23, 2949.091, and
2953.08 and to enact sections 1901.263, 1905.38,
1907.25, 1925.151, 2101.165, 2151.542, 2303.23,
2501.161, and 2503.18 of the Revised Code to
authorize a court to cancel claims for
uncollectible amounts due the court, to authorize
a sentencing court to waive, suspend, or modify
payment of the costs of prosecution, to define
"case" in connection with the imposition of costs
in a criminal case, and to abolish the Felony
Sentence Appeal Cost Oversight Committee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 181.25, 2947.23, 2949.091, and
2953.08 be amended and sections 1901.263, 1905.38, 1907.25,
1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of
the Revised Code be enacted to read as follows:
Sec. 181.25. (A) If the comprehensive criminal sentencing
structure that it recommends to the general assembly pursuant to
section 181.24 of the Revised Code or any aspects of that
sentencing structure are enacted into law, the state criminal
sentencing commission shall do all of the following:
(1) Assist the general assembly in the implementation of
those aspects of the sentencing structure that are enacted into
law;
(2) Monitor the operation of the aspects of the sentencing
structure that are enacted into law and report to the general
assembly no later than January 1, 1997, and biennially thereafter,
on all of the following matters:
(a) The impact of the sentencing structure in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including all of the
following information:
(i) The number and type of offenders who were being
imprisoned in a state correctional institution under the law in
effect prior to July 1, 1996, but who are being punished under a
community control sanction, as defined in section 2929.01 of the
Revised Code, under the law in effect on and after July 1, 1996;
(ii) The fiscal and other impact of the law in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including law
enforcement agencies, the court system, prosecutors, as defined in
section 2935.01 of the Revised Code, the public defender and
assigned counsel system, jails and workhouses, probation
departments, the drug and alcohol abuse intervention and treatment
system, and the mental health intervention and treatment system.
(b) The impact of the sentencing structure in effect on and
after July 1, 1996, on the population of state correctional
institutions, including information regarding the number and types
of offenders who are being imprisoned under the law in effect on
and after July 1, 1996, and the amount of space in state
correctional institutions that is necessary to house those
offenders;
(c) The impact of the sentencing structure and the sentence
appeal provisions in effect on and after July 1, 1996, on the
appellate courts of this state, including information regarding
the number of sentence-based appeals, the cost of reviewing
appeals of that nature, whether a special court should be created
to review sentences, and whether changes should be made to ensure
that sentence-based appeals are conducted expeditiously.
(3) Review all bills that are introduced in the general
assembly that provide for new criminal offenses or that change the
penalty for any criminal offense, determine if those bills are
consistent with the sentencing policy adopted under division (B)
of section 181.23 of the Revised Code, determine the impact of
those bills upon the correctional resources of the state, and
recommend to the general assembly any necessary amendments to
those bills. When the commission recommends any amendment for a
bill before the general assembly, it shall do so in a manner that
is consistent with the requirements of section 181.24 of the
Revised Code.
(4) Study criminal sentencing structures in this state, other
states, and the federal government, recommend necessary changes to
the sentencing structure of the state, and determine the costs and
effects of any proposed changes in the sentencing structure of the
state;
(5) Collect and maintain data that pertains to the cost to
counties of the felony sentence appeal provisions set forth in
section 2953.08 of the Revised Code, of the postconviction relief
proceeding provisions set forth in division (A)(2) of section
2953.21 of the Revised Code, and of appeals from judgments entered
in such postconviction relief proceedings. The data so collected
and maintained shall include, but shall not be limited to, the
increase in expenses that counties experience as a result of those
provisions and those appeals and the number of felony sentence
appeals made, postconviction relief proceedings filed, and appeals
of postconviction relief proceeding judgments made in each county
under those provisions. The commission periodically shall provide
to the felony sentence appeal cost oversight committee, in
accordance with division (I) of section 2953.08 of the Revised
Code, all data the commission collects pursuant to this division.
(B) In addition to its duties set forth in section 181.24 of
the Revised Code and division (A) of this section, the state
criminal sentencing commission shall review all forfeiture
statutes in Titles XXIX and XLV of the Revised Code and, not later
than July 1, 2002, recommend to the general assembly any necessary
changes to those statutes.
Sec. 1901.263. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1905.38. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1907.25. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 1925.151. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2101.165. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2151.542. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2303.23. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2501.161. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2503.18. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.
Sec. 2947.23. (A)(1) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. At the time If the judge or
magistrate imposes sentence a community control sanction or other
nonresidential sanction, the judge or magistrate, when imposing
the sanction, shall notify the defendant of both of the following:
(a) If the defendant fails to pay that judgment or fails to
timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.
(b) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(2) The following shall apply in all criminal cases:
(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause, the
costs incurred in summoning jurors for that particular trial may
be included in the costs of prosecution. If the costs incurred in
summoning jurors are assessed against the defendant, those costs
shall be paid to the public treasury from which the jurors were
paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.
(C) The court retains jurisdiction to waive, suspend, or
modify the payment of the costs of prosecution, including any
costs under section 2947.231 of the Revised Code, at the time of
sentencing or at any time thereafter.
(D) As used in this section, "specified:
(1) "Case" means a prosecution of all the charges that result
from the same act, transaction, or series of acts or transactions
and that are given the same case type designator and case number
under Rule 43 of the Rules of Superintendence for the Courts of
Ohio or any successor to that rule.
(2) "Specified hourly credit rate" means the wage rate that
is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor
Standards Act of 1938, that then is in effect, and that an
employer subject to that provision must pay per hour to each of
the employer's employees who is subject to that provision.
Sec. 2949.091. (A)(1)(a) The court in which any person is
convicted of or pleads guilty to any offense shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required by law to impose upon the
offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All moneys collected pursuant to division (A)(1)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The court shall not waive the
payment of the additional thirty-, twenty-, or ten-dollar court
costs, unless the court determines that the offender is indigent
and waives the payment of all court costs imposed upon the
indigent offender.
(2)(a) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act that,
if committed by an adult, would be an offense, shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required or permitted by law to
impose upon the delinquent child or juvenile traffic offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.
(b) All moneys collected pursuant to division (A)(2)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The thirty-, twenty-, or
ten-dollar court costs shall be collected in all cases unless the
court determines the juvenile is indigent and waives the payment
of all court costs, or enters an order on its journal stating that
it has determined that the juvenile is indigent, that no other
court costs are to be taxed in the case, and that the payment of
the thirty-, twenty-, or ten-dollar court costs is waived.
(B) Whenever a person is charged with any offense described
in division (A)(1) of this section, the court shall add to the
amount of the bail the thirty, twenty, or ten dollars required to
be paid by division (A)(1) of this section. The thirty, twenty, or
ten dollars shall be retained by the clerk of the court until the
person is convicted, pleads guilty, forfeits bail, is found not
guilty, or has the charges dismissed. If the person is convicted,
pleads guilty, or forfeits bail, the clerk shall transmit the
thirty, twenty, or ten dollars on or before the twentieth day of
the month following the month in which the person was convicted,
pleaded guilty, or forfeited bail to the treasurer of state, who
shall deposit it to the credit of the indigent defense support
fund established under section 120.08 of the Revised Code. If the
person is found not guilty or the charges are dismissed, the clerk
shall return the thirty, twenty, or ten dollars to the person.
(C) No person shall be placed or held in a detention facility
for failing to pay the additional thirty-, twenty-, or ten-dollar
court costs or bail that are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings as
in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Case" has the same meaning as in section 2947.23 of the
Revised Code.
Sec. 2953.08. (A) In addition to any other right to appeal
and except as provided in division (D) of this section, a
defendant who is convicted of or pleads guilty to a felony may
appeal as a matter of right the sentence imposed upon the
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code, the maximum prison term was
not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed the
sentence under one of the following circumstances:
(a) The sentence was imposed for only one offense.
(b) The sentence was imposed for two or more offenses arising
out of a single incident, and the court imposed the maximum prison
term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, the
offense for which it was imposed is a felony of the fourth or
fifth degree or is a felony drug offense that is a violation of a
provision of Chapter 2925. of the Revised Code and that is
specified as being subject to division (B) of section 2929.13 of
the Revised Code for purposes of sentencing, and the court did not
specify at sentencing that it found one or more factors specified
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised
Code to apply relative to the defendant. If the court specifies
that it found one or more of those factors to apply relative to
the defendant, the defendant is not entitled under this division
to appeal as a matter of right the sentence imposed upon the
offender.
(3) The person was convicted of or pleaded guilty to a
violent sex offense or a designated homicide, assault, or
kidnapping offense, was adjudicated a sexually violent predator in
relation to that offense, and was sentenced pursuant to division
(A)(3) of section 2971.03 of the Revised Code, if the minimum term
of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available
for the offense from among the range of terms listed in section
2929.14 of the Revised Code. As used in this division, "designated
homicide, assault, or kidnapping offense" and "violent sex
offense" have the same meanings as in section 2971.01 of the
Revised Code. As used in this division, "adjudicated a sexually
violent predator" has the same meaning as in section 2929.01 of
the Revised Code, and a person is "adjudicated a sexually violent
predator" in the same manner and the same circumstances as are
described in that section.
(4) The sentence is contrary to law.
(5) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (B)(2)(a) of section
2929.14 of the Revised Code.
(B) In addition to any other right to appeal and except as
provided in division (D) of this section, a prosecuting attorney,
a city director of law, village solicitor, or similar chief legal
officer of a municipal corporation, or the attorney general, if
one of those persons prosecuted the case, may appeal as a matter
of right a sentence imposed upon a defendant who is convicted of
or pleads guilty to a felony or, in the circumstances described in
division (B)(3) of this section the modification of a sentence
imposed upon such a defendant, on any of the following grounds:
(1) The sentence did not include a prison term despite a
presumption favoring a prison term for the offense for which it
was imposed, as set forth in section 2929.13 or Chapter 2925. of
the Revised Code.
(2) The sentence is contrary to law.
(3) The sentence is a modification under section 2929.20 of
the Revised Code of a sentence that was imposed for a felony of
the first or second degree.
(C)(1) In addition to the right to appeal a sentence granted
under division (A) or (B) of this section, a defendant who is
convicted of or pleads guilty to a felony may seek leave to appeal
a sentence imposed upon the defendant on the basis that the
sentencing judge has imposed consecutive sentences under division
(C)(3) of section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense of which
the defendant was convicted. Upon the filing of a motion under
this division, the court of appeals may grant leave to appeal the
sentence if the court determines that the allegation included as
the basis of the motion is true.
(2) A defendant may seek leave to appeal an additional
sentence imposed upon the defendant pursuant to division (B)(2)(a)
or (b) of section 2929.14 of the Revised Code if the additional
sentence is for a definite prison term that is longer than five
years.
(D)(1) A sentence imposed upon a defendant is not subject to
review under this section if the sentence is authorized by law,
has been recommended jointly by the defendant and the prosecution
in the case, and is imposed by a sentencing judge.
(2) Except as provided in division (C)(2) of this section, a
sentence imposed upon a defendant is not subject to review under
this section if the sentence is imposed pursuant to division
(B)(2)(b) of section 2929.14 of the Revised Code. Except as
otherwise provided in this division, a defendant retains all
rights to appeal as provided under this chapter or any other
provision of the Revised Code. A defendant has the right to appeal
under this chapter or any other provision of the Revised Code the
court's application of division (B)(2)(c) of section 2929.14 of
the Revised Code.
(3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not
subject to review under this section.
(E) A defendant, prosecuting attorney, city director of law,
village solicitor, or chief municipal legal officer shall file an
appeal of a sentence under this section to a court of appeals
within the time limits specified in Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant to
division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion
that makes the sentence modification in question. A sentence
appeal under this section shall be consolidated with any other
appeal in the case. If no other appeal is filed, the court of
appeals may review only the portions of the trial record that
pertain to sentencing.
(F) On the appeal of a sentence under this section, the
record to be reviewed shall include all of the following, as
applicable:
(1) Any presentence, psychiatric, or other investigative
report that was submitted to the court in writing before the
sentence was imposed. An appellate court that reviews a
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in
connection with the appeal of a sentence under this section shall
comply with division (D)(3) of section 2951.03 of the Revised Code
when the appellate court is not using the presentence
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal of a sentence under this section does not affect the
otherwise confidential character of the contents of that report as
described in division (D)(1) of section 2951.03 of the Revised
Code and does not cause that report to become a public record, as
defined in section 149.43 of the Revised Code, following the
appellate court's use of the report.
(2) The trial record in the case in which the sentence was
imposed;
(3) Any oral or written statements made to or by the court at
the sentencing hearing at which the sentence was imposed;
(4) Any written findings that the court was required to make
in connection with the modification of the sentence pursuant to a
judicial release under division (I) of section 2929.20 of the
Revised Code.
(G)(1) If the sentencing court was required to make the
findings required by division (B) or (D) of section 2929.13 or
division (I) of section 2929.20 of the Revised Code, or to state
the findings of the trier of fact required by division (B)(2)(e)
of section 2929.14 of the Revised Code, relative to the imposition
or modification of the sentence, and if the sentencing court
failed to state the required findings on the record, the court
hearing an appeal under division (A), (B), or (C) of this section
shall remand the case to the sentencing court and instruct the
sentencing court to state, on the record, the required findings.
(2) The court hearing an appeal under division (A), (B), or
(C) of this section shall review the record, including the
findings underlying the sentence or modification given by the
sentencing court.
The appellate court may increase, reduce, or otherwise modify
a sentence that is appealed under this section or may vacate the
sentence and remand the matter to the sentencing court for
resentencing. The appellate court's standard for review is not
whether the sentencing court abused its discretion. The appellate
court may take any action authorized by this division if it
clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's
findings under division (B) or (D) of section 2929.13, division
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section
2929.20 of the Revised Code, whichever, if any, is relevant;
(b) That the sentence is otherwise contrary to law.
(H) A judgment or final order of a court of appeals under
this section may be appealed, by leave of court, to the supreme
court.
(I)(1) There is hereby established the felony sentence appeal
cost oversight committee, consisting of eight members. One member
shall be the chief justice of the supreme court or a
representative of the court designated by the chief justice, one
member shall be a member of the senate appointed by the president
of the senate, one member shall be a member of the house of
representatives appointed by the speaker of the house of
representatives, one member shall be the director of budget and
management or a representative of the office of budget and
management designated by the director, one member shall be a judge
of a court of appeals, court of common pleas, municipal court, or
county court appointed by the chief justice of the supreme court,
one member shall be the state public defender or a representative
of the office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one
member shall be a county commissioner appointed by the county
commissioners association of Ohio. No more than three of the
appointed members of the committee may be members of the same
political party.
The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the Ohio
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the
committee of the appointed members no later than ninety days after
July 1, 1996. Of those initial appointments to the committee, the
members appointed by the speaker of the house of representatives
and the Ohio prosecuting attorneys association shall serve a term
ending two years after July 1, 1996, the member appointed by the
chief justice of the supreme court shall serve a term ending three
years after July 1, 1996, and the members appointed by the
president of the senate and the county commissioners association
of Ohio shall serve terms ending four years after July 1, 1996.
Thereafter, terms of office of the appointed members shall be for
four years, with each term ending on the same day of the same
month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same manner provided
for original appointments. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall hold office as a member
for the remainder of the predecessor's term. An appointed member
shall continue in office subsequent to the expiration date of that
member's term until that member's successor takes office or until
a period of sixty days has elapsed, whichever occurs first.
If the chief justice of the supreme court, the director of
the office of budget and management, or the state public defender
serves as a member of the committee, that person's term of office
as a member shall continue for as long as that person holds office
as chief justice, director of the office of budget and management,
or state public defender. If the chief justice of the supreme
court designates a representative of the court to serve as a
member, the director of budget and management designates a
representative of the office of budget and management to serve as
a member, or the state public defender designates a representative
of the office of the state public defender to serve as a member,
the person so designated shall serve as a member of the commission
for as long as the official who made the designation holds office
as chief justice, director of the office of budget and management,
or state public defender or until that official revokes the
designation.
The chief justice of the supreme court or the representative
of the supreme court appointed by the chief justice shall serve as
chairperson of the committee. The committee shall meet within two
weeks after all appointed members have been appointed and shall
organize as necessary. Thereafter, the committee shall meet at
least once every six months or more often upon the call of the
chairperson or the written request of three or more members,
provided that the committee shall not meet unless moneys have been
appropriated to the judiciary budget administered by the supreme
court specifically for the purpose of providing financial
assistance to counties under division (I)(2) of this section and
the moneys so appropriated then are available for that purpose.
The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing financial assistance to counties
under division (I)(2) of this section, each member shall be
reimbursed out of the moneys so appropriated that then are
available for actual and necessary expenses incurred in the
performance of official duties as a committee member.
(2) The state criminal sentencing commission periodically
shall provide to the felony sentence appeal cost oversight
committee all data the commission collects pursuant to division
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the felony
sentence appeal cost oversight committee periodically shall review
the data; determine whether any money has been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in
expenses the counties experience as a result of the felony
sentence appeal provisions set forth in this section or as a
result of a postconviction relief proceeding brought under
division (A)(2) of section 2953.21 of the Revised Code or an
appeal of a judgment in that proceeding; if it determines that any
money has been so appropriated, determine the total amount of
moneys that have been so appropriated specifically for that
purpose and that then are available for that purpose; and develop
a recommended method of distributing those moneys to the counties.
The committee shall send a copy of its recommendation to the
supreme court. Upon receipt of the committee's recommendation, the
supreme court shall distribute to the counties, based upon that
recommendation, the moneys that have been so appropriated
specifically for the purpose of providing state financial
assistance to counties under this division and that then are
available for that purpose.
Section 2. That existing sections 181.25, 2947.23, 2949.091,
and 2953.08 of the Revised Code are hereby repealed.
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