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H. B. No. 674 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Budish, Celebrezze
Cosponsor:
Representative Antonio
A BILL
To amend sections 2743.56, 2743.68, 2743.70, and
2743.71 of the Revised Code to eliminate the
period of limitations for a minor to file a
victim's reparations application and for the
filing of supplemental reparations applications
and to increase the court costs for certain
misdemeanors that fund the Reparations Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.56, 2743.68, 2743.70, and
2743.71 of the Revised Code be amended to read as follows:
Sec. 2743.56. (A) A claim for an award of reparations shall
be commenced by filing an application for an award of reparations
with the attorney general. The application may be filed by mail.
If the application is filed by mail, the post-marked date of the
application shall be considered the filing date of the
application. The application shall be in a form prescribed by the
attorney general and shall include a release authorizing the
attorney general and the court of claims to obtain any report,
document, or information that relates to the determination of the
claim for an award of reparations that is requested in the
application.
(B) All applications for an award of reparations shall be
filed as follows:
(1) If the victim of the criminally injurious conduct was a
minor, within two years of the victim's eighteenth birthday or
within two years from the date a complaint, indictment, or
information is filed against the alleged offender, whichever is
later. This division does not require that a complaint,
indictment, or information be filed against an alleged offender in
order for an application for an award of reparations to be filed
pertaining to a victim who was a minor if the application is filed
within two years of the victim's eighteenth birthday, and does not
affect the provisions of section 2743.64 of the Revised Code.
(2) If the victim of the criminally injurious conduct was an
adult, at any time after the occurrence of the criminally
injurious conduct.
Sec. 2743.68. A claimant may file a supplemental reparations
application in a claim if the attorney general or the court of
claims, within five years prior to the filing of the supplemental
application, has made any of the following determinations:
(A) That an award, supplemental award, or installment award
be granted;
(B) That an award, supplemental award, or installment award
be conditioned or denied because of actual or potential recovery
from a collateral source;
(C) That an award, supplemental award, or installment award
be denied because the claimant had not incurred any economic loss
at that time.
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 dollars, if the offense is a felony;
(b) Nine Eleven dollars, if the offense is a misdemeanor.
The court shall not waive the payment of the thirty thirty-
or nine dollars eleven-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 dollars, if the act, if committed by an adult,
would be a felony;
(b) Nine Eleven dollars, if the act, if committed by an
adult, would be a misdemeanor.
The thirty thirty- or nine dollars eleven-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 thirty- or nine dollars eleven-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 or nine eleven dollars required to
be paid by division (A)(1) of this section. The thirty or nine
eleven 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 or
nine eleven 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 or nine eleven dollars to the person.
(C) No person shall be placed or held in jail for failing to
pay the additional thirty thirty- or nine dollars eleven-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. 2743.71. (A) Any law enforcement agency that
investigates, and any prosecuting attorney, city director of law,
village solicitor, or similar prosecuting authority who
prosecutes, an offense committed in this state shall, upon first
contact with the victim or the victim's family or dependents, give
the victim or the victim's family or dependents a copy of an
information card or other printed material provided by the
attorney general pursuant to division (B) of this section and
explain, upon request, the information on the card or material to
the victim or the victim's family or dependents.
(B) The attorney general shall have printed, and shall
provide to law enforcement agencies, prosecuting attorneys, city
directors of law, village solicitors, and similar prosecuting
authorities, cards or other materials that contain information
explaining awards of reparations. The information on the cards or
other materials shall include, but shall not be limited to, the
following statements:
(1) Awards of reparations are limited to losses that are
caused by physical injury resulting from criminally injurious
conduct;
(2) Reparations applications are required to shall be filed
within the period provided by division (B)(1) of section 2743.56
of the Revised Code if the victim at any time after the occurrence
of the criminally injurious conduct was a minor;
(3) An attorney who represents an applicant for an award of
reparations cannot charge the applicant for the services rendered
in relation to that representation but is required to apply to the
attorney general for payment for the representation;
(4) Applications for awards of reparations may be obtained
from the attorney general, law enforcement agencies, and victim
assistance agencies and are to be filed with the attorney general.
(C) The attorney general may order that a reasonable amount
of money be paid out of the reparations fund, subject to the
limitation imposed by division (D) of this section, for use by the
attorney general to publicize the availability of awards of
reparations.
(D) During any fiscal year, the total expenditure for the
printing and providing of information cards or other materials
pursuant to division (B) of this section and for the publicizing
of the availability of awards of reparations pursuant to division
(C) of this section shall not exceed two per cent of the total of
all court costs deposited, in accordance with section 2743.70 of
the Revised Code, in the reparations fund during the immediately
preceding fiscal year.
Section 2. That existing sections 2743.56, 2743.68, 2743.70,
and 2743.71 of the Revised Code are hereby repealed.
Section 3. The amendment to section 2743.56 of the Revised
Code made by this act applies to all applications for an award of
reparations filed on or after the effective date of this act. The
amendment to section 2743.68 of the Revised Code made by this act
applies to all applications for supplemental award of reparations
filed on or after the effective date of this act.
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