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H. B. No. 542 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Butler, Rogers, Stinziano, Celebrezze
A BILL
To amend sections 2929.01, 2929.18, and 2929.28 of
the Revised Code to permit a sentencing court to
order an offender to reimburse a county, township,
municipal corporation, or state law enforcement
agency for funds expended by the law enforcement
agency to purchase a drug, controlled substance,
or controlled substance analog from the offender
during the agency's investigation of a drug
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.01, 2929.18, and 2929.28 of
the Revised Code be amended to read as follows:
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "controlled substance analog,"
"marihuana," "schedule I," and "schedule II" have the same
meanings as in section 3719.01 of the Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of cocaine; at least two thousand five
hundred unit doses or two hundred fifty grams of heroin; at least
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form; at least fifty grams of a controlled substance analog; or at
least one hundred times the amount of any other schedule I or II
controlled substance other than marihuana that is necessary to
commit a felony of the third degree pursuant to section 2925.03,
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on
the possession of, sale of, or offer to sell the controlled
substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (B) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.143, 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code. If an offender is serving a prison
term as a risk reduction sentence under sections 2929.143 and
5120.036 of the Revised Code, "stated prison term" includes any
period of time by which the prison term imposed upon the offender
is shortened by the offender's successful completion of all
assessment and treatment or programming pursuant to those
sections.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender" have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, to compel a victim or victims to engage in sexual
activity for hire, to engage in a performance that is obscene,
sexually oriented, or nudity oriented, or to be a model or
participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan and are not isolated instances.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
(EEE) "Drug" has the same meaning as in section 4729.01 of
the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23 of the Revised Code, the court imposing a sentence
upon an offender for a felony may sentence the offender to any
financial sanction or combination of financial sanctions
authorized under this section or, in the circumstances specified
in section 2929.32 of the Revised Code, may impose upon the
offender a fine in accordance with that section. Financial
sanctions that may be imposed pursuant to this section include,
but are not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount based
on the victim's economic loss. If the court imposes restitution,
the court shall order that the restitution be made to the victim
in open court, to the adult probation department that serves the
county on behalf of the victim, to the clerk of courts, or to
another agency designated by the court. If the court imposes
restitution, at sentencing, the court shall determine the amount
of restitution to be made by the offender. If the court imposes
restitution, the court may base the amount of restitution it
orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating
the cost of repairing or replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold a hearing on restitution if the
offender, victim, or survivor disputes the amount. All restitution
payments shall be credited against any recovery of economic loss
in a civil action brought by the victim or any survivor of the
victim against the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge of not more than five per cent of the
amount of the restitution otherwise ordered to the entity
responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2) of this
section to one or more law enforcement agencies, with the amount
of the fine based on a standard percentage of the offender's daily
income over a period of time determined by the court and based
upon the seriousness of the offense. A fine ordered under this
division shall not exceed the maximum conventional fine amount
authorized for the level of the offense under division (A)(3) of
this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty
thousand dollars;
(b) For a felony of the second degree, not more than fifteen
thousand dollars;
(c) For a felony of the third degree, not more than ten
thousand dollars;
(d) For a felony of the fourth degree, not more than five
thousand dollars;
(e) For a felony of the fifth degree, not more than two
thousand five hundred dollars.
(4) A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a) Reimbursement by the offender of any or all of the
costs of sanctions incurred by the government, including the
following:
(i) All or part of the costs of implementing any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement under a sanction
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the
Revised Code, provided that the amount of reimbursement ordered
under this division shall not exceed the total amount of
reimbursement the offender is able to pay as determined at a
hearing and shall not exceed the actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) If the offender is sentenced to a sanction of confinement
pursuant to section 2929.14 or 2929.16 of the Revised Code that is
to be served in a facility operated by a board of county
commissioners, a legislative authority of a municipal corporation,
or another local governmental entity, if, pursuant to section
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,
or 2947.19 of the Revised Code and section 2929.37 of the Revised
Code, the board, legislative authority, or other local
governmental entity requires prisoners to reimburse the county,
municipal corporation, or other entity for its expenses incurred
by reason of the prisoner's confinement, and if the court does not
impose a financial sanction under division (A)(5)(a)(ii) of this
section, confinement costs may be assessed pursuant to section
2929.37 of the Revised Code. In addition, the offender may be
required to pay the fees specified in section 2929.38 of the
Revised Code in accordance with that section.
(c)(6) Reimbursement by the offender for costs pursuant to
section 2929.71 of the Revised Code.
(7) Reimbursement by the offender for any funds expended by a
county, township, municipal corporation, or state law enforcement
agency to purchase a drug, controlled substance, or controlled
substance analog from the offender during the agency's
investigation of a drug offense that is a violation of any
provision of Chapter 2925. of the Revised Code.
(B)(1) For a first, second, or third degree felony violation
of any provision of Chapter 2925., 3719., or 4729. of the Revised
Code, the sentencing court shall impose upon the offender a
mandatory fine of at least one-half of, but not more than, the
maximum statutory fine amount authorized for the level of the
offense pursuant to division (A)(3) of this section. If an
offender alleges in an affidavit filed with the court prior to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon an
offender under division (A)(2) or (3) of this section for any
fourth or fifth degree felony violation of any provision of
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid
to law enforcement agencies pursuant to division (F) of section
2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third
degree felony OVI offense, the sentencing court shall impose upon
the offender a mandatory fine in the amount specified in division
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever
is applicable. The mandatory fine so imposed shall be disbursed as
provided in the division pursuant to which it is imposed.
(4) Notwithstanding any fine otherwise authorized or required
to be imposed under division (A)(2) or (3) or (B)(1) of this
section or section 2929.31 of the Revised Code for a violation of
section 2925.03 of the Revised Code, in addition to any penalty or
sanction imposed for that offense under section 2925.03 or
sections 2929.11 to 2929.18 of the Revised Code and in addition to
the forfeiture of property in connection with the offense as
prescribed in Chapter 2981. of the Revised Code, the court that
sentences an offender for a violation of section 2925.03 of the
Revised Code may impose upon the offender a fine in addition to
any fine imposed under division (A)(2) or (3) of this section and
in addition to any mandatory fine imposed under division (B)(1) of
this section. The fine imposed under division (B)(4) of this
section shall be used as provided in division (H) of section
2925.03 of the Revised Code. A fine imposed under division (B)(4)
of this section shall not exceed whichever of the following is
applicable:
(a) The total value of any personal or real property in which
the offender has an interest and that was used in the course of,
intended for use in the course of, derived from, or realized
through conduct in violation of section 2925.03 of the Revised
Code, including any property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest in any property of the
type described in division (B)(4)(a) of this section or if it is
not possible to ascertain whether the offender has an interest in
any property of that type in which the offender may have an
interest, the amount of the mandatory fine for the offense imposed
under division (B)(1) of this section or, if no mandatory fine is
imposed under division (B)(1) of this section, the amount of the
fine authorized for the level of the offense imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this
section, the court shall determine whether the offender has an
interest in any property of the type described in division
(B)(4)(a) of this section. Except as provided in division (B)(6)
or (7) of this section, a fine that is authorized and imposed
under division (B)(4) of this section does not limit or affect the
imposition of the penalties and sanctions for a violation of
section 2925.03 of the Revised Code prescribed under those
sections or sections 2929.11 to 2929.18 of the Revised Code and
does not limit or affect a forfeiture of property in connection
with the offense as prescribed in Chapter 2981. of the Revised
Code.
(6) If the sum total of a mandatory fine amount imposed for a
first, second, or third degree felony violation of section 2925.03
of the Revised Code under division (B)(1) of this section plus the
amount of any fine imposed under division (B)(4) of this section
does not exceed the maximum statutory fine amount authorized for
the level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court may impose a fine
for the offense in addition to the mandatory fine and the fine
imposed under division (B)(4) of this section. The sum total of
the amounts of the mandatory fine, the fine imposed under division
(B)(4) of this section, and the additional fine imposed under
division (B)(6) of this section shall not exceed the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code. The clerk of the court shall pay any fine that is
imposed under division (B)(6) of this section to the county,
township, municipal corporation, park district as created pursuant
to section 511.18 or 1545.04 of the Revised Code, or state law
enforcement agencies in this state that primarily were responsible
for or involved in making the arrest of, and in prosecuting, the
offender pursuant to division (F) of section 2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any fine
imposed under division (B)(4) of this section exceeds the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code, the court shall not impose a fine under division
(B)(6) of this section.
(8)(a) If an offender who is convicted of or pleads guilty to
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code also is convicted of or pleads guilty to a specification of
the type described in section 2941.1422 of the Revised Code that
charges that the offender knowingly committed the offense in
furtherance of human trafficking, the sentencing court shall
sentence the offender to a financial sanction of restitution by
the offender to the victim or any survivor of the victim, with the
restitution including the costs of housing, counseling, and
medical and legal assistance incurred by the victim as a direct
result of the offense and the greater of the following:
(i) The gross income or value to the offender of the victim's
labor or services;
(ii) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of the "Federal Fair Labor
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state
labor laws.
(b) If a court imposing sentence upon an offender for a
felony is required to impose upon the offender a financial
sanction of restitution under division (B)(8)(a) of this section,
in addition to that financial sanction of restitution, the court
may sentence the offender to any other financial sanction or
combination of financial sanctions authorized under this section,
including a restitution sanction under division (A)(1) of this
section.
(9) In addition to any other fine that is or may be imposed
under this section, the court imposing sentence upon an offender
for a felony that is a sexually oriented offense or a child-victim
oriented offense, as those terms are defined in section 2950.01 of
the Revised Code, may impose a fine of not less than fifty nor
more than five hundred dollars.
(C)(1) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by the department of rehabilitation and correction
in operating a prison or other facility used to confine offenders
pursuant to sanctions imposed under section 2929.14, 2929.142, or
2929.16 of the Revised Code to the treasurer of state. The
treasurer of state shall deposit the reimbursements in the
confinement cost reimbursement fund that is hereby created in the
state treasury. The department of rehabilitation and correction
shall use the amounts deposited in the fund to fund the operation
of facilities used to confine offenders pursuant to sections
2929.14, 2929.142, and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a county pursuant to any sanction imposed under
this section or section 2929.16 or 2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.16 of the Revised Code to the
county treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county treasury.
The county shall use the amounts deposited in the fund to pay the
costs incurred by the county pursuant to any sanction imposed
under this section or section 2929.16 or 2929.17 of the Revised
Code or in operating a facility used to confine offenders pursuant
to a sanction imposed under section 2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.16 or 2929.17 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.16 of the
Revised Code to the treasurer of the municipal corporation. The
treasurer shall deposit the reimbursements in a special fund that
shall be established in the treasury of each municipal
corporation. The municipal corporation shall use the amounts
deposited in the fund to pay the costs incurred by the municipal
corporation pursuant to any sanction imposed under this section or
section 2929.16 or 2929.17 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed pursuant to
division (A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section 2929.16 or 2929.17 of the Revised Code to the provider.
(D) Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or (B) of this
section is a judgment in favor of the state or a political
subdivision in which the court that imposed the financial sanction
is located, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
pursuant to division (A)(5)(a)(ii) of this section upon an
offender who is incarcerated in a state facility or a municipal
jail is a judgment in favor of the state or the municipal
corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
upon an offender pursuant to division (A)(7) of this section is a
judgment in favor of the county, township, municipal corporation,
or state law enforcement agency, and the offender subject to the
financial sanction is the judgment debtor. A financial sanction of
reimbursement imposed upon an offender pursuant to this section
for costs incurred by a private provider of sanctions is a
judgment in favor of the private provider, and the offender
subject to the financial sanction is the judgment debtor. A
financial sanction of restitution imposed pursuant to division
(A)(1) or (B)(8) of this section is an order in favor of the
victim of the offender's criminal act that can be collected
through a certificate of judgment as described in division (D)(1)
of this section, through execution as described in division (D)(2)
of this section, or through an order as described in division
(D)(3) of this section, and the offender shall be considered for
purposes of the collection as the judgment debtor. Imposition of a
financial sanction and execution on the judgment does not preclude
any other power of the court to impose or enforce sanctions on the
offender. Once the financial sanction is imposed as a judgment or
order under this division, the victim, private provider, law
enforcement agency, state, or political subdivision may do any of
the following:
(1) Obtain from the clerk of the court in which the judgment
was entered a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2) Obtain execution of the judgment or order through any
available procedure, including:
(a) An execution against the property of the judgment debtor
under Chapter 2329. of the Revised Code;
(b) An execution against the person of the judgment debtor
under Chapter 2331. of the Revised Code;
(c) A proceeding in aid of execution under Chapter 2333. of
the Revised Code, including:
(i) A proceeding for the examination of the judgment debtor
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person of the
judgment debtor under section 2333.28 of the Revised Code;
(iii) A creditor's suit under section 2333.01 of the Revised
Code.
(d) The attachment of the property of the judgment debtor
under Chapter 2715. of the Revised Code;
(e) The garnishment of the property of the judgment debtor
under Chapter 2716. of the Revised Code.
(3) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised Code.
(E) A court that imposes a financial sanction upon an
offender may hold a hearing if necessary to determine whether the
offender is able to pay the sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction upon an offender
under this section or under section 2929.32 of the Revised Code
may designate the clerk of the court or another person to collect
the financial sanction. The clerk or other person authorized by
law or the court to collect the financial sanction may enter into
contracts with one or more public agencies or private vendors for
the collection of, amounts due under the financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code. Before entering into a contract for the collection of
amounts due from an offender pursuant to any financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code, a court shall comply with sections 307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial sanction under
division (A) or (B) of this section finds that an offender
satisfactorily has completed all other sanctions imposed upon the
offender and that all restitution that has been ordered has been
paid as ordered, the court may suspend any financial sanctions
imposed pursuant to this section or section 2929.32 of the Revised
Code that have not been paid.
(H) No financial sanction imposed under this section or
section 2929.32 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2929.28. (A) In addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court
imposing a sentence upon an offender for a misdemeanor, including
a minor misdemeanor, may sentence the offender to any financial
sanction or combination of financial sanctions authorized under
this section. If the court in its discretion imposes one or more
financial sanctions, the financial sanctions that may be imposed
pursuant to this section include, but are not limited to, the
following:
(1) Unless the misdemeanor offense is a minor misdemeanor or
could be disposed of by the traffic violations bureau serving the
court under Traffic Rule 13, restitution by the offender to the
victim of the offender's crime or any survivor of the victim, in
an amount based on the victim's economic loss. The court may not
impose restitution as a sanction pursuant to this division if the
offense is a minor misdemeanor or could be disposed of by the
traffic violations bureau serving the court under Traffic Rule 13.
If the court requires restitution, the court shall order that the
restitution be made to the victim in open court or to the adult
probation department that serves the jurisdiction or the clerk of
the court on behalf of the victim.
If the court imposes restitution, the court shall determine
the amount of restitution to be paid by the offender. If the court
imposes restitution, the court may base the amount of restitution
it orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating
the cost of repairing or replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold an evidentiary hearing on
restitution if the offender, victim, or survivor disputes the
amount of restitution. If the court holds an evidentiary hearing,
at the hearing the victim or survivor has the burden to prove by a
preponderance of the evidence the amount of restitution sought
from the offender.
All restitution payments shall be credited against any
recovery of economic loss in a civil action brought by the victim
or any survivor of the victim against the offender. No person may
introduce evidence of an award of restitution under this section
in a civil action for purposes of imposing liability against an
insurer under section 3937.18 of the Revised Code.
If the court imposes restitution, the court may order that
the offender pay a surcharge, of not more than five per cent of
the amount of the restitution otherwise ordered, to the entity
responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) A fine of the type described in divisions (A)(2)(a) and
(b) of this section payable to the appropriate entity as required
by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one
thousand dollars;
(ii) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars;
(iii) For a misdemeanor of the third degree, not more than
five hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars;
(v) For a minor misdemeanor, not more than one hundred fifty
dollars.
(b) A state fine or cost as defined in section 2949.111 of
the Revised Code.
(3)(a) Reimbursement by the offender of any or all of the
costs of sanctions incurred by the government, including, but not
limited to, the following:
(i) All or part of the costs of implementing any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement in a jail or
other residential facility, including, but not limited to, a per
diem fee for room and board, the costs of medical and dental
treatment, and the costs of repairing property damaged by the
offender while confined;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) The amount of reimbursement ordered under division
(A)(3)(a) of this section shall not exceed the total amount of
reimbursement the offender is able to pay and shall not exceed the
actual cost of the sanctions. The court may collect any amount of
reimbursement the offender is required to pay under that division.
If the court does not order reimbursement under that division,
confinement costs may be assessed pursuant to a repayment policy
adopted under section 2929.37 of the Revised Code. In addition,
the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in accordance with that section.
(4) Reimbursement by the offender for any funds expended by a
county, township, municipal corporation, or state law enforcement
agency to purchase a drug, controlled substance, or controlled
substance analog from the offender during the agency's
investigation of a drug offense that is a violation of any
provision of Chapter 2925. of the Revised Code.
(B) If the court determines a hearing is necessary, the court
may hold a hearing to determine whether the offender is able to
pay the financial sanction imposed pursuant to this section or
court costs or is likely in the future to be able to pay the
sanction or costs.
If the court determines that the offender is indigent and
unable to pay the financial sanction or court costs, the court
shall consider imposing and may impose a term of community service
under division (A) of section 2929.27 of the Revised Code in lieu
of imposing a financial sanction or court costs. If the court does
not determine that the offender is indigent, the court may impose
a term of community service under division (A) of section 2929.27
of the Revised Code in lieu of or in addition to imposing a
financial sanction under this section and in addition to imposing
court costs. The court may order community service for a minor
misdemeanor pursuant to division (D) of section 2929.27 of the
Revised Code in lieu of or in addition to imposing a financial
sanction under this section and in addition to imposing court
costs. If a person fails to pay a financial sanction or court
costs, the court may order community service in lieu of the
financial sanction or court costs.
(C)(1) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a county pursuant to any sanction imposed under
this section or section 2929.26 or 2929.27 of the Revised Code or
in operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.26 of the Revised Code to the
county treasurer. The county treasurer shall deposit the
reimbursements in the county's general fund. The county shall use
the amounts deposited in the fund to pay the costs incurred by the
county pursuant to any sanction imposed under this section or
section 2929.26 or 2929.27 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.26 of the Revised Code.
(2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.26 of the
Revised Code to the treasurer of the municipal corporation. The
treasurer shall deposit the reimbursements in the municipal
corporation's general fund. The municipal corporation shall use
the amounts deposited in the fund to pay the costs incurred by the
municipal corporation pursuant to any sanction imposed under this
section or section 2929.26 or 2929.27 of the Revised Code or in
operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.26 of the Revised Code.
(3) The offender shall pay reimbursements imposed pursuant to
division (A)(3) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section 2929.26 or 2929.27 of the Revised Code to the provider.
(D) Except as otherwise provided in this division, a
financial sanction imposed under division (A) of this section is a
judgment in favor of the state or the political subdivision that
operates the court that imposed the financial sanction, and the
offender subject to the financial sanction is the judgment debtor.
A financial sanction of reimbursement imposed pursuant to division
(A)(3)(a)(i) of this section upon an offender is a judgment in
favor of the entity administering the community control sanction,
and the offender subject to the financial sanction is the judgment
debtor. A financial sanction of reimbursement imposed pursuant to
division (A)(3)(a)(ii) of this section upon an offender confined
in a jail or other residential facility is a judgment in favor of
the entity operating the jail or other residential facility, and
the offender subject to the financial sanction is the judgment
debtor. A financial sanction of reimbursement imposed upon an
offender pursuant to division (A)(4) of this section is a judgment
in favor of the county, township, municipal corporation, or state
law enforcement agency, and the offender subject to the financial
sanction is the judgment debtor. A financial sanction of
restitution imposed pursuant to division (A)(1) of this section is
an order in favor of the victim of the offender's criminal act
that can be collected through a certificate of judgment as
described in division (D)(1) of this section, through execution as
described in division (D)(2) of this section, or through an order
as described in division (D)(3) of this section, and the offender
shall be considered for purposes of the collection as the judgment
debtor.
Once the financial sanction is imposed as a judgment or order
under this division, the victim, private provider, law enforcement
agency, state, or political subdivision may do any of the
following:
(1) Obtain from the clerk of the court in which the judgment
was entered a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2) Obtain execution of the judgment or order through any
available procedure, including any of the procedures identified in
divisions (D)(1) and (2) of section 2929.18 of the Revised Code.
(3) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised Code.
(E) The civil remedies authorized under division (D) of this
section for the collection of the financial sanction supplement,
but do not preclude, enforcement of the criminal sentence.
(F) Each court imposing a financial sanction upon an offender
under this section may designate the clerk of the court or another
person to collect the financial sanction. The clerk, or another
person authorized by law or the court to collect the financial
sanction may do the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction. Before entering into a contract for the collection of
amounts due from an offender pursuant to any financial sanction
imposed pursuant to this section, a court shall comply with
sections 307.86 to 307.92 of the Revised Code.
(2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a
county court or a municipal court operated by a county, by credit
or debit card or by another electronic transfer if the court is a
municipal court not operated by a county, or by any other
reasonable method, in any time, and on any terms that court
considers just, except that the maximum time permitted for payment
shall not exceed five years. If the court is a county court or a
municipal court operated by a county, the acceptance of payments
by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may pay any
fee associated with processing an electronic transfer out of
public money or may charge the fee to the offender.
(3) To defray administrative costs, charge a reasonable fee
to an offender who elects a payment plan rather than a lump sum
payment of any financial sanction.
(G) No financial sanction imposed under this section shall
preclude a victim from bringing a civil action against the
offender.
Section 2. That existing sections 2929.01, 2929.18, and
2929.28 of the Revised Code are hereby repealed.
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