130th Ohio General Assembly
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H. B. No. 674  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 674


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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