130th Ohio General Assembly
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H. B. No. 108  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 108


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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