Sub.
S.B. 209
127th General Assembly
(LSC 127 1313-1)
Sen. Carey
BILL SUMMARY
· Directs that a specified amount of OVI fines be credited to the State Public Defender for indigent criminal defense.
· Makes an appropriation.
CONTENT AND OPERATION
The bill creates the Indigent Defense Support Fund in the state treasury. It also increases the various fines that may be imposed for operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them or operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance (herein referred to as "OVI").[1] A specified amount of the fine money is to be deposited into the Indigent Defense Support Fund and to be used by the State Public Defender for indigent criminal defense. (R.C. 120.08 and 4511.19.)
The following chart summarizes the categories of OVI violations, sets forth the range of fines that may be imposed under current law and under the bill, and specifies the amount of the fine that must be transmitted to the Treasurer of State for deposit into the Indigent Defense Support Fund.
|
CATEGORY OF VIOLATION |
RANGE OF FINES UNDER
CURRENT LAW |
RANGE OF FINES UNDER THE
BILL |
AMOUNT DEPOSITED INTO THE
INDIGENT DEFENSE SUPPORT FUND |
|
Operating a vehicle (1)
under the influence of alcohol, a drug of abuse, or a combination or (2)
while under the influence of a listed controlled substance or metabolite of a
controlled substance ("OVI violation"). R.C. 4511.19(G)(1)(a)(iii) and
(5)(e) |
$250 to $1,000 |
$325 to $1,075 |
$75 |
|
The offender, within 6
years of the OVI violation, previously has been convicted of or pleaded
guilty to the same or an equivalent offense. R.C. 4511.19(G)(1)(b)(iii) and
(5)(e) |
$350 to $1,500 |
$475 to $1,625 |
$125 |
|
The offender, within 6 years
of the OVI violation, previously has been convicted of or pleaded guilty to
two of the same or equivalent offenses. R.C. 4511.19(G)(1)(c)(iii) and
(5)(e) |
$550 to $2,500 |
$800 to $2,750 |
$250 |
|
The offender, within 6
years of the OVI violation, previously has been convicted of or pleaded
guilty to three or four of the same or equivalent offenses OR the
offender, within 20 years of the OVI violation, previously has been convicted
of or pleaded guilty to five or more violations of that nature. R.C. 4511.19(G)(1)(d)(iii) and
(5)(e) |
$800 to $10,000 |
$1,300 to $10,500 |
$500 |
|
The offender previously
has been convicted of or pleaded guilty to an OVI violation that was a
felony, regardless of when the violation and the conviction or guilty plea
occurred. R.C. 4511.19(G)(1)(e)(iii) and
(5)(e) |
$800 to $10,000 |
$1,300 to $10,500 |
$500 |
Lastly, the bill makes an appropriation of $3,700,000 from the newly erected fund to the Public Defender Commission in both fiscal year 2008 and 2009 (Sections 3 and 4).
HISTORY
|
ACTION |
DATE |
|
|
|
|
Introduced |
08-23-07 |
s0209 (L 1313-1)-127.doc/kl
[1] A "vehicle" for
purposes of this analysis includes: (1)
every device, including a moped (motorized bicycle), in, upon, or by which any
person or property may be transported or drawn upon a highway (except
"vehicle" does not include motorized wheelchairs, electric personal
assistive mobility devices, or any device, other than a bicycle, that is moved
by human power), (2) a car, other than a railroad train, for transporting
persons or property, operated on rails principally within a street or highway
(i.e., a streetcar), and (3) every car that collects its power from overhead
electric trolley wires and that is not operated on rails or tracks (i.e., a
trackless trolley).