The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 488 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Baker, Slaby
Cosponsors:
Representatives Antonio, Boyd, Derickson, Foley, Gardner, Gonzales, Hagan, C., Letson, Stebelton
A BILL
To amend sections 109.91, 2743.70, and 2949.092 and
to enact sections 109.921 and 2949.095 of the
Revised Code to generally impose an additional
court cost of $100 for a felony or misdemeanor in
cases in which a person is convicted of a sexually
oriented offense; to require the deposit of the
additional court cost into the Rape Crisis Program
Trust Fund administered by the Attorney General;
to fund rape crisis centers out of the Fund; to
increase to $50 for a felony and $15 for a
misdemeanor the additional court cost that is
charged to fund the Reparations Fund; and to add a
representative of rape crisis centers as a member
of the State Victims Assistance Advisory
Committee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.91, 2743.70, and 2949.092 be
amended and sections 109.921 and 2949.095 of the Revised Code be
enacted to read as follows:
Sec. 109.91. (A) There is hereby established within the
office of the attorney general the crime victims assistance
office.
(B) There is hereby established the state victims assistance
advisory council. The council shall consist of a chairperson, to
be appointed by the attorney general, three ex officio members,
and fifteen members to be appointed by the attorney general as
follows: one member who represents the Ohio victim-witness
association; three members who represent local victim assistance
programs, including one from a municipally operated program and
one from a county-operated program; one member who represents the
interests of elderly victims; one member who is a board member of
any statewide or local organization that exists primarily to aid
victims of domestic violence, or who is an employee of, or
counselor for, such an organization; one member who represents
rape crisis centers; one member who is an employee or officer of a
county probation department or a probation department operated by
the department of rehabilitation and correction; one member who is
a county prosecuting attorney; one member who is a city law
director; one member who is a county sheriff; one member who is a
member or officer of a township or municipal police department;
one member who is a court of common pleas judge; one member who is
a municipal court judge or county court judge; and two members who
are private citizens and are not government employees.
The council shall include the following ex officio, nonvoting
members: the attorney general, one member of the senate to be
designated by the president of the senate, and one member of the
house of representatives to be designated by the speaker of the
house.
Members of the council shall serve without compensation, but
shall be reimbursed for travel and other necessary expenses that
are incurred in the conduct of their official duties as members of
the council. The chairperson and members of the council appointed
by the attorney general shall serve at the pleasure of the
attorney general. The attorney general shall serve on the council
until the end of the term of office that qualified the attorney
general for membership on the council. The member of the senate
and the member of the house of representatives shall serve at the
pleasure of the president of the senate and the speaker of the
house of representatives, respectively.
(C) The victims assistance advisory council shall perform
both of the following duties:
(1) Advise the crime victims assistance office in determining
crime and delinquency victim service needs, determining crime and
delinquency victim policies for the state, and improving and
exercising leadership in the quality of crime and delinquency
victim programs in the state;
(2) Review and recommend to the crime victims assistance
office the victim assistance programs that should be considered
for the receipt of state financial assistance pursuant to section
109.92 of the Revised Code. The financial assistance allocation
recommendations of the council shall be based on the following
priorities:
(a) Programs in existence on July 1, 1985, shall be given
first priority;
(b) Programs offering or proposing to offer the broadest
range of services and referrals to the community served, including
medical, psychological, financial, educational, vocational, and
legal services that were not in existence on July 1, 1985, shall
be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the Revised
Code, "victim assistance program" includes, but is not limited to
a program that provides at least one of the following:
(1) Services to victims of any offense of violence or
delinquent act that would be an offense of violence if committed
by an adult;
(2) Financial assistance or property repair services to
victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in
judicial proceedings;
(4) Assistance to victims of crime or delinquent acts under
the operation of any political subdivision of the state or a
branch of the criminal justice system set forth in division
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;
(5) Technical assistance to persons or organizations that
provide services to victims of crime or delinquent acts under the
operation of a branch of the criminal justice system set forth in
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised
Code.
A victim assistance program does not include the program for
the reparation of crime victims established pursuant to Chapter
2743. of the Revised Code.
(E) As used in this section, "rape crisis centers" means
organizations and entities that operate in this state and that
provide one or more of the services specified in division (D) of
section 109.921 of the Revised Code to or for victims of sexual
assault, as defined in that section.
Sec. 109.921. (A) As used in this section:
(1) "Eligible rape crisis center" means an organization or
entity that operates in this state and that provides one or more
of the services specified in division (D) of this section to or
for victims of sexual assault.
(2) "Sexual assault" means any of the following:
(a) A violation of section 2907.02, 2907.03, 2907.04,
2907.05, or former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is or
was substantially equivalent to any section listed in division
(A)(2)(a) of this section.
(B) There is hereby created in the state treasury the rape
crisis program trust fund, consisting of moneys paid into the fund
pursuant to section 2949.095 of the Revised Code out of the
additional court costs imposed under that section and any moneys
appropriated to the fund by the general assembly. The attorney
general shall administer the fund. The attorney general may use
not more than five per cent of the moneys deposited or
appropriated into the fund to pay costs associated with
administering this section and shall use at least ninety-five per
cent of the moneys deposited or appropriated into the fund for the
purpose of providing funding to eligible rape crisis centers under
this section.
(C) The attorney general shall adopt rules under Chapter 119.
of the Revised Code that establish procedures for eligible rape
crisis centers to apply to the attorney general for funding out of
the rape crisis program trust fund and procedures for the attorney
general to distribute money out of the fund to eligible rape
crisis centers.
(D) An eligible rape crisis center that receives funding out
of the rape crisis program trust fund shall use the money received
only to provide one or more of the following services to or for
victims of sexual assault:
(2) Information and referral services;
(3) Crisis-intervention services;
(4) Advocacy and support services;
(6) Service coordination;
(7) Programs to promote community awareness of available
services;
(8) Medical intervention.
Sec. 2743.70. (A)(1) The court, in which any person is
convicted of or pleads guilty to any offense other than a traffic
offense that is not a moving violation, shall impose the following
sum as costs in the case in addition to any other court costs that
the court is required by law to impose upon the offender:
(a) Thirty Fifty dollars, if the offense is a felony;
(b) Nine Fifteen dollars, if the offense is a misdemeanor.
The court shall not waive the payment of the thirty fifty- or
nine dollars fifteen-dollar court costs cost, unless the court
determines that the offender is indigent and waives the payment of
all court costs imposed upon the indigent offender. All such
moneys shall be transmitted on the first business day of each
month by the clerk of the court to the treasurer of state and
deposited by the treasurer in the reparations fund.
(2) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act which,
if committed by an adult, would be an offense other than a traffic
offense that is not a moving violation, shall impose the following
sum 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:
(a) Thirty Fifty dollars, if the act, if committed by an
adult, would be a felony;
(b) Nine Fifteen dollars, if the act, if committed by an
adult, would be a misdemeanor.
The thirty fifty- or nine dollars fifteen-dollar court costs
cost 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 fifty- or nine dollars fifteen-dollar court costs cost is
waived. All such moneys collected 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 in the reparations fund.
(B) Whenever a person is charged with any offense other than
a traffic offense that is not a moving violation and posts bail
pursuant to sections 2937.22 to 2937.46 of the Revised Code,
Criminal Rule 46, or Traffic Rule 4, the court shall add to the
amount of the bail the thirty fifty or nine fifteen dollars
required to be paid by division (A)(1) of this section. The thirty
fifty or nine fifteen 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 fifty or nine fifteen dollars to the
treasurer of state, who shall deposit it in the reparations fund.
If the person is found not guilty or the charges are dismissed,
the clerk shall return the thirty fifty or nine fifteen dollars to
the person.
(C) No person shall be placed or held in jail for failing to
pay the additional thirty fifty- or nine dollars fifteen-dollar
court costs cost or bail that are required to be paid by this
section.
(D) As used in this section:
(1) "Moving violation" means any violation of any statute or
ordinance, other than section 4513.263 of the Revised Code or an
ordinance that is substantially equivalent to that section, that
regulates the operation of vehicles, streetcars, or trackless
trolleys on highways or streets or that regulates size or load
limitations or fitness requirements of vehicles. "Moving
violation" does not include the violation of any statute or
ordinance that regulates pedestrians or the parking of vehicles.
(2) "Bail" means cash, a check, a money order, a credit card,
or any other form of money that is posted by or for an offender
pursuant to sections 2937.22 to 2937.46 of the Revised Code,
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from
being placed or held in a detention facility, as defined in
section 2921.01 of the Revised Code.
Sec. 2949.092. If a person is convicted of or pleads guilty
to an offense and the court specifically is required, pursuant to
section 2743.70, 2949.091, 2949.093, or 2949.094, or 2949.095 of
the Revised Code or pursuant to any other section of the Revised
Code to impose a specified sum of money as costs in the case in
addition to any other costs that the court is required or
permitted by law to impose in the case, the court shall not waive
the payment of the specified additional court costs that the
section of the Revised Code specifically requires the court to
impose unless the court determines that the offender is indigent
and the court waives the payment of all court costs imposed upon
the offender.
Sec. 2949.095. (A) The court in which any person is
convicted of or pleads guilty to any sexually oriented offense
shall impose the sum of one hundred dollars as costs in the case
in addition to any other court costs that the court is required by
law to impose upon the offender.
The clerk may retain one dollar out of each one
hundred-dollar court cost collected under this division as a
service charge of the clerk's office. The clerk of the court shall
transmit on or before the twentieth day of the following month all
moneys collected pursuant to this division during a month, after
deduction of any service charges allowed and retained under this
division, to the treasurer of state. The treasurer of state shall
deposit all moneys received pursuant to this section into the
state treasury to the credit of the rape crisis trust fund
established under section 109.921 of the Revised Code. The court
shall not waive the payment of the additional one hundred-dollar
court cost unless the court determines that the offender is
indigent and waives the payment of all court costs imposed upon
the indigent offender.
(B) Whenever a person is charged with any sexually oriented
offense and posts bail, the court shall add to the amount of the
bail the one hundred dollars required to be paid by division (A)
of this section. The clerk of the court shall retain the one
hundred dollars 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 may retain one dollar out of each one hundred-dollar court
cost collected under this division as a service charge of the
clerk's office. The clerk shall transmit the one hundred dollars,
after deduction of any service charges allowed and retained under
this division, 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. The treasurer
of state shall deposit that money into the state treasury to the
credit of the rape crisis trust fund established under section
109.921 of the Revised Code. If the person is found not guilty or
the charges are dismissed, the clerk shall return the one hundred
dollars to the person.
(C) No person shall be placed or held in a detention facility
for failing to pay the additional one hundred-dollar court cost or
bail required to be paid by this section.
(D) As used in this section:
(1) "Bail" has the same meaning as in section 2743.70 of the
Revised Code.
(2) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
Section 2. That existing sections 109.91, 2743.70, and
2949.092 of the Revised Code are hereby repealed.
|
|