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H. B. No. 108 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Baker, Schuring
Cosponsors:
Representatives Antonio, Beck, Cera, Derickson, Duffey, Gonzales, Hagan, C., Lundy, Milkovich, Rogers, Sprague, Stebelton, Strahorn, Szollosi
A BILL
To amend section 109.91 and to enact sections 109.921
and 311.172 of the Revised Code to add a
representative of eligible rape crisis programs as
a member of the State Victims Assistance Advisory
Council, to require each person who registers as a
sex offender to pay a one-hundred-dollar fee, to
require the deposit of the fee into the Rape
Crisis Program Trust Fund administered by the
Attorney General, and to fund rape crisis centers
out of the Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.91 be amended and sections
109.921 and 311.172 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
eligible rape crisis programs; 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, "eligible rape crisis program"
has the same meaning as in section 109.921 of the Revised Code.
Sec. 109.921. (A) As used in this section:
(1) "Eligible rape crisis program" means any program that
operates in this state, that is a victim witness assistance
program operated by a prosecuting attorney or a program operated
by a government-based or nonprofit entity, and that provides a
full continuum of services to victims of sexual assault, including
hotlines, victim advocacy, and support services, from the onset of
the need for services through the completion of healing.
(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 money paid into the fund
pursuant to section 311.172 of the Revised Code and any money
appropriated to the fund by the general assembly or donated to the
fund. 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 programs
under this section.
(C) The attorney general shall adopt rules under Chapter 119.
of the Revised Code that establish procedures for eligible rape
crisis programs 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 programs.
(D) An eligible rape crisis program that receives funding out
of the rape crisis program trust fund shall use the money received
only to provide one or more of the services described in division
(A)(1) of this section to or for victims of sexual assault.
Sec. 311.172. (A) The sheriff shall charge a fee of one
hundred dollars when a person registers under section 2950.04 of
the Revised Code. The fee shall be in addition to any fee that may
be charged under section 311.171 of the Revised Code.
(B) The sheriff shall not refuse to register a person who
does not pay the fee required by this section. At the end of each
calendar year, the sheriff shall report to the attorney general
all fees that have been due and unpaid for more than one year and
that the sheriff has not previously reported. The attorney general
shall recover those fees in a civil action.
(C) The sheriff shall transmit on or before the twentieth day
of the following month all money collected during a month under
this section to the treasurer of state to be credited to the rape
crisis program trust fund created by section 109.921 of the
Revised Code.
Section 2. That existing section 109.91 of the Revised Code
is hereby repealed.
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