As Reported by the House Criminal Justice Committee
134th General Assembly
Regular Session Sub. H. B. No. 343
2021-2022
Representative White
Cosponsors: Representatives Seitz, Stewart, Carfagna, Galonski, Ginter, Young, T., Leland
A BILL
To amend sections 9.39, 109.42, 109.91, 149.43, 1901.31, 1907.20, 2151.356, 2151.358, 2152.20, 2152.81, 2152.811, 2335.35, 2743.191, 2743.70, 2907.02, 2907.05, 2907.10, 2929.18, 2929.20, 2929.22, 2929.28, 2930.01, 2930.02, 2930.03, 2930.04, 2930.05, 2930.06, 2930.062, 2930.08, 2930.09, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 2930.18, 2930.19, 2937.11, 2945.481, 2945.482, 2945.72, 2947.051, 2951.041, and 2953.32; to enact new section 2930.07 and sections 2152.203, 2929.281, 2930.011, 2930.041, 2930.042, 2930.043, 2930.044, 2930.051, 2930.063, 2930.071, 2930.072, 2930.121, 2930.131, 2930.161, 2930.162, 2930.171, 2930.191, and 2945.483; and to repeal section 2930.07 of the Revised Code to make changes relative to the rights of crime victims.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.39, 109.42, 109.91, 149.43, 1901.31, 1907.20, 2151.356, 2151.358, 2152.20, 2152.81, 2152.811, 2335.35, 2743.191, 2743.70, 2907.02, 2907.05, 2907.10, 2929.18, 2929.20, 2929.22, 2929.28, 2930.01, 2930.02, 2930.03, 2930.04, 2930.05, 2930.06, 2930.062, 2930.08, 2930.09, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 2930.18, 2930.19, 2937.11, 2945.481, 2945.482, 2945.72, 2947.051, 2951.041, and 2953.32 be amended and new section 2930.07 and sections 2152.203, 2929.281, 2930.011, 2930.041, 2930.042, 2930.043, 2930.044, 2930.051, 2930.063, 2930.071, 2930.072, 2930.121, 2930.131, 2930.161, 2930.162, 2930.171, 2930.191, and 2945.483 of the Revised Code be enacted to read as follows:
Sec.
9.39. All
public officials are liable for all public money received or
collected by them or by their subordinates under color of office. All
money received or collected by a public official under color of
office and not otherwise paid out according to law shall be paid into
the treasury of the public office with which
he
the
public official
is
connected to the credit of a trust fund and shall be retained there
until claimed by its lawful owner. If not claimed within a period of
five years, the money shall revert to the general fund of the public
office,
except for the unclaimed money in the reparations fund created under
section 2743.191 of the Revised Code.
Sec.
109.42. (A)
The attorney general shall prepare and have printed a pamphlet that
contains a compilation of all constitutional
provisions and statutes
relative to victim's rights in which the attorney general lists and
explains the
constitutional
provisions and
statutes
in the form of a victim's bill of rights. The attorney general shall
distribute
make
the
pamphlet available
to
all sheriffs, marshals, municipal corporation and township police
departments, constables, and other
law enforcement agencies, to all prosecuting attorneys, city
directors of law, village solicitors, and other similar chief legal
officers of municipal corporations, and to organizations that
represent or provide services for victims of crime. The victim's bill
of rights set forth in the pamphlet shall contain a description of
all of the rights of victims that are provided for in the
Ohio Constitution, or in Chapter
2930. or in
any
other section of the Revised Code and shall include, but not be
limited to, all of the following:
(1)
The right of a victim or
and
a
victim's representative,
if applicable,
to
attend a proceeding before a grand jury, in a juvenile delinquency
case,
or in a criminal case pursuant
to a subpoena without
being discharged from the victim's or victim's
representative's
employment, having the victim's or victim's
representative's
employment terminated, having the victim's or victim's
representative's
pay decreased or withheld, or otherwise being punished, penalized, or
threatened as a result of time lost from regular employment because
of the victim's or victim's
representative's
attendance at the proceeding
pursuant
to the subpoena,
as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of
the Revised Code;
(2) The potential availability pursuant to section 2151.359 or 2152.61 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation or community control is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;
(4)
The
right of the victim in certain criminal or juvenile cases or a
victim's representative to receive, pursuant to section 2930.06 of
the Revised Code, notice of the date, time, and place of the trial or
delinquency proceeding in the case or, if there will not be a trial
or delinquency proceeding, information from the prosecutor, as
defined in section 2930.01 of the Revised Code, regarding the
disposition of the case;
(5)
The right of the victim in certain criminal or juvenile cases or a
victim's representative to receive, pursuant to section 2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the name of the
person charged with the violation, the case or docket number assigned
to the charge, and a telephone number or numbers that can be called
to obtain information about the disposition of the case;
(6)
The right of the victim in certain criminal or juvenile cases or of
the victim's representative pursuant to section 2930.13 or 2930.14 of
the Revised Code, subject to any reasonable terms set by the court as
authorized under section 2930.14 of the Revised Code, to make a
statement about the victimization and, if applicable, a statement
relative to the sentencing or disposition of the offender;
(7)
The
opportunity to obtain a court order, pursuant to section 2945.04 of
the Revised Code, to prevent or stop the commission of the offense of
intimidation of a crime victim or witness or an offense against the
person or property of the complainant, or of the complainant's ward
or child;
(8)
(5)
The
right of the victim in
certain criminal or juvenile cases or a and
the victim's
representative pursuant to the
Ohio Constitution and sections
2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code
to receive notice of a pending motion for judicial release, release
pursuant to section 2967.19 of the Revised Code, or other early
release of the person who committed the offense against the victim,
to make an
oral or written a
statement
orally,
in writing, or both
at
the court hearing on the motion, and to be notified of the court's
decision on the motion;
(9)
(6)
The
right of the victim in
certain criminal or juvenile cases or a and
the victim's
representative,
if applicable,
pursuant
to
the
Ohio Constitution and
section
2930.16, 2967.12, 2967.26, 2967.271, or 5139.56 of the Revised Code
to receive notice of any pending commutation, pardon, parole,
transitional control, discharge, other form of authorized release,
post-release control, or supervised release for the person who
committed the offense against the victim or any application for
release of that person and to send a written statement relative to
the victimization and the pending action to the adult parole
authority or the release authority of the department of youth
services;
(10)
(7)
The
right of the victim to bring a civil action pursuant to sections
2969.01 to 2969.06 of the Revised Code to obtain money from the
offender's profit fund;
(11)
(8)
The
right, pursuant to section 3109.09 of the Revised Code, to maintain a
civil action to recover compensatory damages not exceeding ten
thousand dollars and costs from the parent of a minor who willfully
damages property through the commission of an act that would be a
theft offense, as defined in
section 2913.01 of the Revised Code, if committed by an adult;
(12)
(9)
The
right, pursuant to section 3109.10 of the Revised Code, to maintain a
civil action to recover compensatory damages not exceeding ten
thousand dollars and costs from the parent of a minor who willfully
and maliciously assaults a person;
(13)
(10)
The
possibility
of receiving right
of the victim, pursuant to section 2152.20, 2152.203, 2929.18,
2929.28, or 2929.281 of the Revised Code, to receive restitution
from an offender or a delinquent child
pursuant
to section 2152.20, 2929.18, or 2929.28 of the Revised Code;
(14)
The right of the victim in certain criminal or juvenile cases or a
victim's representative, pursuant to section 2930.16 of the Revised
Code, to receive notice of the escape from confinement or custody of
the person who committed the offense, to receive that notice from the
custodial agency of the person at the victim's last address or
telephone number provided to the custodial agency, and to receive
notice that, if either the victim's address or telephone number
changes, it is in the victim's interest to provide the new address or
telephone number to the custodial agency;
(15)
(11)
The
right of a victim of domestic violence, including domestic violence
in a dating relationship as defined in section 3113.31 of the Revised
Code, to seek the issuance of a civil protection order pursuant to
that section, the right of a victim of a violation of section
2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the
Revised Code, a violation of a substantially similar municipal
ordinance, or an offense of violence who is a family or household
member of the offender at the
time of the offense to seek the issuance of a temporary protection
order pursuant to section 2919.26 of the Revised Code, and the right
of both types of victims to be accompanied by a victim advocate
during court proceedings;
(16)
(12)
The
right of a victim of a sexually oriented offense or of a child-victim
oriented offense that is committed by a person who is convicted of,
pleads guilty to, or is adjudicated a delinquent child for committing
the offense and who is in a category specified in division (B) of
section 2950.10 of the Revised Code to receive, pursuant to that
section, notice that the person has registered with a sheriff under
section 2950.04, 2950.041, or 2950.05 of the Revised Code and notice
of the person's name, the person's residence that is registered, and
the offender's school, institution of higher education, or place of
employment address or addresses that are registered, the person's
photograph, and a summary of the manner in which the victim must make
a request to receive the notice. As used in this division, "sexually
oriented offense" and "child-victim oriented offense"
have the same meanings as in section 2950.01 of the Revised Code.
(17)
(13)
The
right of a victim of certain sexually violent offenses committed by
an offender who also is convicted of or pleads guilty to a sexually
violent predator specification and who is sentenced to a prison term
pursuant to division (A)(3) of section 2971.03 of the Revised Code,
of a victim of a violation of division (A)(1)(b) of section 2907.02
of the Revised Code committed on or after January 2, 2007, by an
offender who is sentenced for the violation pursuant to division
(B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, of a
victim of an attempted rape committed on or after January 2, 2007, by
an offender who also is convicted of or pleads guilty
to a specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for the
violation pursuant to division (B)(2)(a), (b), or (c) of section
2971.03 of the Revised Code, and of a victim of an offense that is
described in division (B)(3)(a), (b), (c), or (d) of section 2971.03
of the Revised Code and is committed by an offender who is sentenced
pursuant to one of those divisions to receive, pursuant to section
2930.16 of the Revised Code, notice of a hearing to determine whether
to modify the requirement that the offender serve the entire prison
term in a state correctional facility, whether to continue, revise,
or revoke any existing modification of that requirement, or whether
to terminate the prison term. As used in this division, "sexually
violent offense" and "sexually violent predator
specification" have the same meanings as in section 2971.01 of
the Revised Code.
(B)(1)(a)
Subject
to division (B)(1)(c) of this section, a A
prosecuting
attorney, assistant prosecuting attorney, city director of law,
assistant city director of law, village solicitor, assistant village
solicitor, or similar chief legal officer of a municipal corporation
or an assistant of any of those officers who prosecutes an offense
committed in this state, upon first contact with the victim of the
offense, the victim's family, or the victim's dependents, shall give
the victim, the victim's family, or the victim's dependents a copy of
the victim's
rights request form created under section 2930.04 of the Revised
Code, or a similar form that, at a minimum, contains all the required
information listed in that section, and the pamphlet
prepared pursuant to division (A) of this section and explain, upon
request, the information in the form
and pamphlet
to the victim, the victim's family, or the victim's
dependents.
The
victim may receive either through the online version of the pamphlet
published to the attorney general's web site, or as a paper copy,
upon request.
(b)
Subject
to division (B)(1)(c) of this section, a A
law
enforcement agency that investigates an
a
criminal offense
or delinquent act committed in this state shall give the victim of
the criminal
offense
or delinquent act, the victim's family, or the victim's dependents a
copy of the form
and pamphlet
prepared pursuant to division (A) of this section at one of the
following times:
(i)
Upon first contact with the victim, the victim's family, or the
victim's dependents;,
a peace officer from the law enforcement agency investigating the
criminal offense or delinquent act against the victim shall determine
whether the victim has access to the internet and whether the victim
would prefer to access the victim's rights pamphlet online or if the
victim requires a paper copy. The peace officer may give the victim a
paper copy upon first contact, if requested, or the peace officer may
provide the victim with the attorney general's telephone number to
access the pamphlet at a later time. The attorney general shall
provide a web site address at which a printable version of the
victim's rights pamphlet that can be downloaded and printed locally
may be found. The attorney general shall provide limited paper copies
of the victim's rights pamphlets upon request to law enforcement
agencies that order copies directly from the attorney general and to
law enforcement agencies and prosecutors to provide to victims who do
not have internet access or who would prefer a paper copy. The
attorney general shall create a page within the attorney general's
web site that is easy to access and navigate that contains the entire
content of the victim's rights pamphlet and a
link to the web site address at which a printable version of the
victim's rights pamphlet may be found.
(ii)
If the offense
or delinquent act is an offense of violence, if the circumstances
of the criminal
offense
or delinquent act and the condition of the victim, the victim's
family, or the victim's dependents indicate that the victim, the
victim's family, or the victim's dependents will not be able to
understand the significance of the form
and pamphlet
upon first contact with the agency, and if the agency anticipates
that it will have an additional contact with the victim, the victim's
family, or the victim's dependents, upon the agency's second contact
with the victim, the victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the form and pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the form and pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.
(c)(i) The attorney general shall create an information card which contains all of the following:
(I) An outline list of victim's rights contained in the Ohio Constitution and Revised Code;
(II) A reference to the victim's rights request form;
(III) The attorney general's crime victim's services office telephone number, electronic mailing address, web site address, and contact address, and a description of how to access victim's rights information;
(IV) The Ohio crime victim's justice center's telephone number, electronic mailing address, and contact address, and the web site address for accessing the center's victim's rights toolkit.
(ii) Upon first contact with the victim, the law enforcement agency shall provide the victim with the information card.
(c)
In complying on and after December 9, 1994, with the duties imposed
by division (B)(1)(a) or (b) of this section, an official or a law
enforcement agency shall use copies of the pamphlet that are in the
official's or agency's possession on December 9, 1994, until the
official or agency has distributed all of those copies. After the
official or agency has distributed all of those copies, the official
or agency shall use only copies of the pamphlet that contain at least
the information described in divisions (A)(1) to (17) of this
section.
(2)
The
failure of a law enforcement agency or of a prosecuting attorney,
assistant prosecuting attorney, city director of law, assistant city
director of law, village solicitor, assistant village solicitor, or
similar chief legal officer of a municipal corporation or an
assistant to any of those officers to give, as required by division
(B)(1) of this section, the victim of an offense or delinquent act,
the victim's family, or the victim's dependents a copy of the
pamphlet prepared pursuant to division (A) of this section does not
give the victim, the victim's family, the victim's dependents, or a
victim's representative any rights under section 2743.51 to 2743.72,
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the
Revised Code or under any other
provision of the Revised Code and does not affect any right under
those sections.
(3)
A
law enforcement agency, a prosecuting attorney or assistant
prosecuting attorney, or a city director of law, assistant city
director of law, village solicitor, assistant village solicitor, or
similar chief legal officer of a municipal corporation that
distributes a copy of the form
and pamphlet
prepared pursuant to division (A) of this section shall not be
required to distribute a copy of an information card or other printed
material provided by the clerk of the court of claims pursuant to
section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the form and pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1)
"Victim's
"Criminal
offense," "delinquent act," and "victim's
representative"
has
have
the
same meaning
meanings
as
in section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
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 seventeen
twenty-one
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
represents the interests of individuals with mental illness; 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 is a board member of any statewide or local organization that
exists primarily to aid victims of sexual violence or who is an
employee of or a counselor for an organization that exists primarily
to aid victims of sexual violence; one
member who is a board member or employee of any statewide
organization that exists primarily to provide no cost legal
representation to crime victims to seek enforcement of crime victims'
rights during criminal proceedings; one member who is an employee of
an agency that provides services to individuals with developmental or
intellectual disabilities; one member of a victim service disability
agency; one employee from a statewide forensic nursing organization;
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 all 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.
(3) Provide advice and counsel to the attorney general in determining the needs of victims of domestic violence and developing a policy for the attorney general in the administration of the domestic violence program fund created under section 109.46 of the Revised Code;
(4) Make recommendations to the attorney general in the distribution of domestic violence program funds under section 109.46 of the Revised Code.
(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.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means records kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the alternative school pursuant to section 3313.533 of the Revised Code. "Public record" does not mean any of the following:
(a) Medical records;
(b) Records pertaining to probation and parole proceedings, to proceedings related to the imposition of community control sanctions and post-release control sanctions, or to proceedings related to determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies;
(c) Records pertaining to actions under section 2151.85 and division (C) of section 2919.121 of the Revised Code and to appeals of actions arising under those sections;
(d) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code;
(e) Information in a record contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to section 3111.69 of the Revised Code, the office of child support in the department or a child support enforcement agency;
(f) Records specified in division (A) of section 3107.52 of the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential under section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database pursuant to section 109.573 of the Revised Code;
(k) Inmate records released by the department of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of section 5120.21 of the Revised Code;
(l) Records maintained by the department of youth services pertaining to children in its custody released by the department of youth services to the department of rehabilitation and correction pursuant to section 5139.05 of the Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and family services pursuant to section 3121.894 of the Revised Code;
(p) Designated public service worker residential and familial information;
(q) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a trade secret, as defined in section 1333.61 of the Revised Code;
(r) Information pertaining to the recreational activities of a person under the age of eighteen;
(s) In the case of a child fatality review board acting under sections 307.621 to 307.629 of the Revised Code or a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, records provided to the board or director, statements made by board members during meetings of the board or by persons participating in the director's review, and all work products of the board or director, and in the case of a child fatality review board, child fatality review data submitted by the board to the department of health or a national child death review database, other than the report prepared pursuant to division (A) of section 307.626 of the Revised Code;
(t) Records provided to and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to section 5153.171 of the Revised Code other than the information released under that section;
(u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of executives of long-term services and supports administers under section 4751.15 of the Revised Code or contracts under that section with a private or government entity to administer;
(v) Records the release of which is prohibited by state or federal law;
(w) Proprietary information of or relating to any person that is submitted to or compiled by the Ohio venture capital authority created under section 150.01 of the Revised Code;
(x) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency;
(y) Records listed in section 5101.29 of the Revised Code;
(z) Discharges recorded with a county recorder under section 317.24 of the Revised Code, as specified in division (B)(2) of that section;
(aa) Usage information including names and addresses of specific residential and commercial customers of a municipally owned or operated public utility;
(bb) Records described in division (C) of section 187.04 of the Revised Code that are not designated to be made available to the public as provided in that division;
(cc) Information and records that are made confidential, privileged, and not subject to disclosure under divisions (B) and (C) of section 2949.221 of the Revised Code;
(dd) Personal information, as defined in section 149.45 of the Revised Code;
(ee) The confidential name, address, and other personally identifiable information of a program participant in the address confidentiality program established under sections 111.41 to 111.47 of the Revised Code, including the contents of any application for absent voter's ballots, absent voter's ballot identification envelope statement of voter, or provisional ballot affirmation completed by a program participant who has a confidential voter registration record; records or portions of records pertaining to that program that identify the number of program participants that reside within a precinct, ward, township, municipal corporation, county, or any other geographic area smaller than the state; and any real property confidentiality notice filed under section 111.431 of the Revised Code and the information described in division (C) of that section. As used in this division, "confidential address" and "program participant" have the meaning defined in section 111.41 of the Revised Code.
(ff) Orders for active military service of an individual serving or with previous service in the armed forces of the United States, including a reserve component, or the Ohio organized militia, except that, such order becomes a public record on the day that is fifteen years after the published date or effective date of the call to order;
(gg) The name, address, contact information, or other personal information of an individual who is less than eighteen years of age that is included in any record related to a traffic accident involving a school vehicle in which the individual was an occupant at the time of the accident;
(hh) Protected health information, as defined in 45 C.F.R. 160.103, that is in a claim for payment for a health care product, service, or procedure, as well as any other health claims data in another document that reveals the identity of an individual who is the subject of the data or could be used to reveal that individual's identity;
(ii) Any depiction by photograph, film, videotape, or printed or digital image under either of the following circumstances:
(i) The depiction is that of a victim of an offense the release of which would be, to a reasonable person of ordinary sensibilities, an offensive and objectionable intrusion into the victim's expectation of bodily privacy and integrity.
(ii) The depiction captures or depicts the victim of a sexually oriented offense, as defined in section 2950.01 of the Revised Code, at the actual occurrence of that offense.
(jj) Restricted portions of a body-worn camera or dashboard camera recording;
(kk) In the case of a fetal-infant mortality review board acting under sections 3707.70 to 3707.77 of the Revised Code, records, documents, reports, or other information presented to the board or a person abstracting such materials on the board's behalf, statements made by review board members during board meetings, all work products of the board, and data submitted by the board to the department of health or a national infant death review database, other than the report prepared pursuant to section 3707.77 of the Revised Code.
(ll) Records, documents, reports, or other information presented to the pregnancy-associated mortality review board established under section 3738.01 of the Revised Code, statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the biennial reports prepared under section 3738.08 of the Revised Code;
(mm) Except as otherwise provided in division (A)(1)(oo) of this section, telephone numbers for a victim, as defined in section 2930.01 of the Revised Code or a witness to a crime that are listed on any law enforcement record or report.
(nn) A preneed funeral contract, as defined in section 4717.01 of the Revised Code, and contract terms and personally identifying information of a preneed funeral contract, that is contained in a report submitted by or for a funeral home to the board of embalmers and funeral directors under division (C) of section 4717.13, division (J) of section 4717.31, or section 4717.41 of the Revised Code.
(oo) Telephone numbers for a party to a motor vehicle accident subject to the requirements of section 5502.11 of the Revised Code that are listed on any law enforcement record or report, except that the telephone numbers described in this division are not excluded from the definition of "public record" under this division on and after the thirtieth day after the occurrence of the motor vehicle accident.
(pp) Records, documents, and information the release of which is prohibited under sections 2930.04 and 2930.07 of the Revised Code.
A record that is not a public record under division (A)(1) of this section and that, under law, is permanently retained becomes a public record on the day that is seventy-five years after the day on which the record was created, except for any record protected by the attorney-client privilege, a trial preparation record as defined in this section, a statement prohibiting the release of identifying information signed under section 3107.083 of the Revised Code, a denial of release form filed pursuant to section 3107.46 of the Revised Code, or any record that is exempt from release or disclosure under section 149.433 of the Revised Code. If the record is a birth certificate and a biological parent's name redaction request form has been accepted under section 3107.391 of the Revised Code, the name of that parent shall be redacted from the birth certificate before it is released under this paragraph. If any other section of the Revised Code establishes a time period for disclosure of a record that conflicts with the time period specified in this section, the time period in the other section prevails.
(2) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised;
(b) Information provided by an information source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity;
(c) Specific confidential investigatory techniques or procedures or specific investigatory work product;
(d) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.
(3) "Medical record" means any document or combination of documents, except births, deaths, and the fact of admission to or discharge from a hospital, that pertains to the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that contains information that is specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding, including the independent thought processes and personal trial preparation of an attorney.
(5) "Intellectual property record" means a record, other than a financial or administrative record, that is produced or collected by or for faculty or staff of a state institution of higher learning in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction with a governmental body or private concern, and that has not been publicly released, published, or patented.
(6) "Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.
(7) "Designated public service worker" means a peace officer, parole officer, probation officer, bailiff, prosecuting attorney, assistant prosecuting attorney, correctional employee, county or multicounty corrections officer, community-based correctional facility employee, designated Ohio national guard member, protective services worker, youth services employee, firefighter, EMT, medical director or member of a cooperating physician advisory board of an emergency medical service organization, state board of pharmacy employee, investigator of the bureau of criminal identification and investigation, emergency service telecommunicator, forensic mental health provider, mental health evaluation provider, regional psychiatric hospital employee, judge, magistrate, or federal law enforcement officer.
(8) "Designated public service worker residential and familial information" means any information that discloses any of the following about a designated public service worker:
(a) The address of the actual personal residence of a designated public service worker, except for the following information:
(i) The address of the actual personal residence of a prosecuting attorney or judge; and
(ii) The state or political subdivision in which a designated public service worker resides.
(b) Information compiled from referral to or participation in an employee assistance program;
(c) The social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of, or any medical information pertaining to, a designated public service worker;
(d) The name of any beneficiary of employment benefits, including, but not limited to, life insurance benefits, provided to a designated public service worker by the designated public service worker's employer;
(e) The identity and amount of any charitable or employment benefit deduction made by the designated public service worker's employer from the designated public service worker's compensation, unless the amount of the deduction is required by state or federal law;
(f) The name, the residential address, the name of the employer, the address of the employer, the social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of the spouse, a former spouse, or any child of a designated public service worker;
(g) A photograph of a peace officer who holds a position or has an assignment that may include undercover or plain clothes positions or assignments as determined by the peace officer's appointing authority.
(9) As used in divisions (A)(7) and (15) to (17) of this section:
"Peace officer" has the meaning defined in section 109.71 of the Revised Code and also includes the superintendent and troopers of the state highway patrol; it does not include the sheriff of a county or a supervisory employee who, in the absence of the sheriff, is authorized to stand in for, exercise the authority of, and perform the duties of the sheriff.
"Correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision.
"County or multicounty corrections officer" means any corrections officer employed by any county or multicounty correctional facility.
"Designated Ohio national guard member" means a member of the Ohio national guard who is participating in duties related to remotely piloted aircraft, including, but not limited to, pilots, sensor operators, and mission intelligence personnel, duties related to special forces operations, or duties related to cybersecurity, and is designated by the adjutant general as a designated public service worker for those purposes.
"Protective services worker" means any employee of a county agency who is responsible for child protective services, child support services, or adult protective services.
"Youth services employee" means any employee of the department of youth services who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the department of youth services.
"Firefighter" means any regular, paid or volunteer, member of a lawfully constituted fire department of a municipal corporation, township, fire district, or village.
"EMT" means EMTs-basic, EMTs-I, and paramedics that provide emergency medical services for a public emergency medical service organization. "Emergency medical service organization," "EMT-basic," "EMT-I," and "paramedic" have the meanings defined in section 4765.01 of the Revised Code.
"Investigator of the bureau of criminal identification and investigation" has the meaning defined in section 2903.11 of the Revised Code.
"Emergency service telecommunicator" has the meaning defined in section 4742.01 of the Revised Code.
"Forensic mental health provider" means any employee of a community mental health service provider or local alcohol, drug addiction, and mental health services board who, in the course of the employee's duties, has contact with persons committed to a local alcohol, drug addiction, and mental health services board by a court order pursuant to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised Code.
"Mental health evaluation provider" means an individual who, under Chapter 5122. of the Revised Code, examines a respondent who is alleged to be a mentally ill person subject to court order, as defined in section 5122.01 of the Revised Code, and reports to the probate court the respondent's mental condition.
"Regional psychiatric hospital employee" means any employee of the department of mental health and addiction services who, in the course of performing the employee's duties, has contact with patients committed to the department of mental health and addiction services by a court order pursuant to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised Code.
"Federal law enforcement officer" has the meaning defined in section 9.88 of the Revised Code.
(10) "Information pertaining to the recreational activities of a person under the age of eighteen" means information that is kept in the ordinary course of business by a public office, that pertains to the recreational activities of a person under the age of eighteen years, and that discloses any of the following:
(a) The address or telephone number of a person under the age of eighteen or the address or telephone number of that person's parent, guardian, custodian, or emergency contact person;
(b) The social security number, birth date, or photographic image of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining to a person under the age of eighteen;
(d) Any additional information sought or required about a person under the age of eighteen for the purpose of allowing that person to participate in any recreational activity conducted or sponsored by a public office or to use or obtain admission privileges to any recreational facility owned or operated by a public office.
(11) "Community control sanction" has the meaning defined in section 2929.01 of the Revised Code.
(12) "Post-release control sanction" has the meaning defined in section 2967.01 of the Revised Code.
(13) "Redaction" means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code.
(14) "Designee," "elected official," and "future official" have the meanings defined in section 109.43 of the Revised Code.
(15) "Body-worn camera" means a visual and audio recording device worn on the person of a peace officer while the peace officer is engaged in the performance of the peace officer's duties.
(16) "Dashboard camera" means a visual and audio recording device mounted on a peace officer's vehicle or vessel that is used while the peace officer is engaged in the performance of the peace officer's duties.
(17) "Restricted portions of a body-worn camera or dashboard camera recording" means any visual or audio portion of a body-worn camera or dashboard camera recording that shows, communicates, or discloses any of the following:
(a) The image or identity of a child or information that could lead to the identification of a child who is a primary subject of the recording when the law enforcement agency knows or has reason to know the person is a child based on the law enforcement agency's records or the content of the recording;
(b) The death of a person or a deceased person's body, unless the death was caused by a peace officer or, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;
(c) The death of a peace officer, firefighter, paramedic, or other first responder, occurring while the decedent was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the decedent's executor or administrator has been obtained;
(d) Grievous bodily harm, unless the injury was effected by a peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(e) An act of severe violence against a person that results in serious physical harm to the person, unless the act and injury was effected by a peace officer or, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(f) Grievous bodily harm to a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(g) An act of severe violence resulting in serious physical harm against a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the injured person or the injured person's guardian has been obtained;
(h) A person's nude body, unless, subject to division (H)(1) of this section, the person's consent has been obtained;
(i) Protected health information, the identity of a person in a health care facility who is not the subject of a law enforcement encounter, or any other information in a health care facility that could identify a person who is not the subject of a law enforcement encounter;
(j) Information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence;
(k) Information, that does not constitute a confidential law enforcement investigatory record, that could identify a person who provides sensitive or confidential information to a law enforcement agency when the disclosure of the person's identity or the information provided could reasonably be expected to threaten or endanger the safety or property of the person or another person;
(l) Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer;
(m) Proprietary police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
(n) A personal conversation unrelated to work between peace officers or between a peace officer and an employee of a law enforcement agency;
(o) A conversation between a peace officer and a member of the public that does not concern law enforcement activities;
(p) The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a peace officer;
(q) Any portion of the interior of a private business that is not open to the public, unless an adversarial encounter with, or a use of force by, a peace officer occurs in that location.
As used in division (A)(17) of this section:
"Grievous bodily harm" has the same meaning as in section 5924.120 of the Revised Code.
"Health care facility" has the same meaning as in section 1337.11 of the Revised Code.
"Protected health information" has the same meaning as in 45 C.F.R. 160.103.
"Law enforcement agency" has the same meaning as in section 2925.61 of the Revised Code.
"Personal information" means any government-issued identification number, date of birth, address, financial information, or criminal justice information from the law enforcement automated data system or similar databases.
"Sex offense" has the same meaning as in section 2907.10 of the Revised Code.
"Firefighter," "paramedic," and "first responder" have the same meanings as in section 4765.01 of the Revised Code.
(B)(1) Upon request by any person and subject to division (B)(8) of this section, all public records responsive to the request shall be promptly prepared and made available for inspection to the requester at all reasonable times during regular business hours. Subject to division (B)(8) of this section, upon request by any person, a public office or person responsible for public records shall make copies of the requested public record available to the requester at cost and within a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.
(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public record from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requester's identity or the intended use of the requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records may ask a requester to make the request in writing, may ask for the requester's identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory, that the requester may decline to reveal the requester's identity or the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester.
(6) If any person requests a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division. The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester. Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public record to make the copies of the public record.
(7)(a) Upon a request made in accordance with division (B) of this section and subject to division (B)(6) of this section, a public office or person responsible for public records shall transmit a copy of a public record to any person by United States mail or by any other means of delivery or transmission within a reasonable period of time after receiving the request for the copy. The public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage if the copy is transmitted by United States mail or the cost of delivery if the copy is transmitted other than by United States mail, and to pay in advance the costs incurred for other supplies used in the mailing, delivery, or transmission.
(b) Any public office may adopt a policy and procedures that it will follow in transmitting, within a reasonable period of time after receiving a request, copies of public records by United States mail or by any other means of delivery or transmission pursuant to division (B)(7) of this section. A public office that adopts a policy and procedures under division (B)(7) of this section shall comply with them in performing its duties under that division.
(c) In any policy and procedures adopted under division (B)(7) of this section:
(i) A public office may limit the number of records requested by a person that the office will physically deliver by United States mail or by another delivery service to ten per month, unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes;
(ii) A public office that chooses to provide some or all of its public records on a web site that is fully accessible to and searchable by members of the public at all times, other than during acts of God outside the public office's control or maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.
(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
(8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person.
(9)(a) Upon written request made and signed by a journalist, a public office, or person responsible for public records, having custody of the records of the agency employing a specified designated public service worker shall disclose to the journalist the address of the actual personal residence of the designated public service worker and, if the designated public service worker's spouse, former spouse, or child is employed by a public office, the name and address of the employer of the designated public service worker's spouse, former spouse, or child. The request shall include the journalist's name and title and the name and address of the journalist's employer and shall state that disclosure of the information sought would be in the public interest.
(b) Division (B)(9)(a) of this section also applies to journalist requests for:
(i) Customer information maintained by a municipally owned or operated public utility, other than social security numbers and any private financial information such as credit reports, payment methods, credit card numbers, and bank account information;
(ii) Information about minors involved in a school vehicle accident as provided in division (A)(1)(gg) of this section, other than personal information as defined in section 149.45 of the Revised Code.
(c) As used in division (B)(9) of this section, "journalist" means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.
(10) Upon a request made by a victim, victim's attorney, or victim's representative, as that term is used in section 2930.02 of the Revised Code, a public office or person responsible for public records shall transmit a copy of a depiction of the victim as described in division (A)(1)(ii) of this section to the victim, victim's attorney, or victim's representative.
(C)(1) If a person allegedly is aggrieved by the failure of a public office or the person responsible for public records to promptly prepare a public record and to make it available to the person for inspection in accordance with division (B) of this section or by any other failure of a public office or the person responsible for public records to comply with an obligation in accordance with division (B) of this section, the person allegedly aggrieved may do only one of the following, and not both:
(a) File a complaint with the clerk of the court of claims or the clerk of the court of common pleas under section 2743.75 of the Revised Code;
(b) Commence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, that awards court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(2) of this section. The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution.
(2) If a requester transmits a written request by hand delivery, electronic submission, or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requester shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section.
The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.
The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following:
(a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(b) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(3) In a mandamus action filed under division (C)(1) of this section, the following apply:
(a)(i) If the court orders the public office or the person responsible for the public record to comply with division (B) of this section, the court shall determine and award to the relator all court costs, which shall be construed as remedial and not punitive.
(ii) If the court makes a determination described in division (C)(3)(b)(iii) of this section, the court shall determine and award to the relator all court costs, which shall be construed as remedial and not punitive.
(b) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section or if the court determines any of the following, the court may award reasonable attorney's fees to the relator, subject to division (C)(4) of this section:
(i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section.
(ii) The public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.
(iii) The public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order concluding whether or not the public office or person was required to comply with division (B) of this section. No discovery may be conducted on the issue of the alleged bad faith of the public office or person responsible for the public records. This division shall not be construed as creating a presumption that the public office or the person responsible for the public records acted in bad faith when the office or person voluntarily made the public records available to the relator for the first time after the relator commenced the mandamus action, but before the court issued any order described in this division.
(c) The court shall not award attorney's fees to the relator if the court determines both of the following:
(i) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section;
(ii) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(4) All of the following apply to any award of reasonable attorney's fees awarded under division (C)(3)(b) of this section:
(a) The fees shall be construed as remedial and not punitive.
(b) The fees awarded shall not exceed the total of the reasonable attorney's fees incurred before the public record was made available to the relator and the fees described in division (C)(4)(c) of this section.
(c) Reasonable attorney's fees shall include reasonable fees incurred to produce proof of the reasonableness and amount of the fees and to otherwise litigate entitlement to the fees.
(d) The court may reduce the amount of fees awarded if the court determines that, given the factual circumstances involved with the specific public records request, an alternative means should have been pursued to more effectively and efficiently resolve the dispute that was subject to the mandamus action filed under division (C)(1) of this section.
(5) If the court does not issue a writ of mandamus under division (C) of this section and the court determines at that time that the bringing of the mandamus action was frivolous conduct as defined in division (A) of section 2323.51 of the Revised Code, the court may award to the public office all court costs, expenses, and reasonable attorney's fees, as determined by the court.
(D) Chapter 1347. of the Revised Code does not limit the provisions of this section.
(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. A future official may satisfy the requirements of this division by attending the training before taking office, provided that the future official may not send a designee in the future official's place.
(2) All public offices shall adopt a public records policy in compliance with this section for responding to public records requests. In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.
The public office shall distribute the public records policy adopted by the public office under this division to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office. The public office shall require that employee to acknowledge receipt of the copy of the public records policy. The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public office that has established a manual or handbook of its general policies and procedures for all employees of the public office shall include the public records policy of the public office in the manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special extraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for redacting information, the release of which is prohibited by law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transmitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.
(b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format other than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or database by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for commercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, marketing, solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction costs" include any charges paid to a public agency for computer or records services.
(3) For purposes of divisions (F)(1) and (2) of this section, "surveys, marketing, solicitation, or resale for commercial purposes" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
(G) A request by a defendant, counsel of a defendant, or any agent of a defendant in a criminal action that public records related to that action be made available under this section shall be considered a demand for discovery pursuant to the Criminal Rules, except to the extent that the Criminal Rules plainly indicate a contrary intent. The defendant, counsel of the defendant, or agent of the defendant making a request under this division shall serve a copy of the request on the prosecuting attorney, director of law, or other chief legal officer responsible for prosecuting the action.
(H)(1) Any portion of a body-worn camera or dashboard camera recording described in divisions (A)(17)(b) to (h) of this section may be released by consent of the subject of the recording or a representative of that person, as specified in those divisions, only if either of the following applies:
(a) The recording will not be used in connection with any probable or pending criminal proceedings;
(b) The recording has been used in connection with a criminal proceeding that was dismissed or for which a judgment has been entered pursuant to Rule 32 of the Rules of Criminal Procedure, and will not be used again in connection with any probable or pending criminal proceedings.
(2) If a public office denies a request to release a restricted portion of a body-worn camera or dashboard camera recording, as defined in division (A)(17) of this section, any person may file a mandamus action pursuant to this section or a complaint with the clerk of the court of claims pursuant to section 2743.75 of the Revised Code, requesting the court to order the release of all or portions of the recording. If the court considering the request determines that the filing articulates by clear and convincing evidence that the public interest in the recording substantially outweighs privacy interests and other interests asserted to deny release, the court shall order the public office to release the recording.
Sec. 1901.31. The clerk and deputy clerks of a municipal court shall be selected, be compensated, give bond, and have powers and duties as follows:
(A) There shall be a clerk of the court who is appointed or elected as follows:
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton county, Miami county, Montgomery county, Portage county, and Wayne county municipal courts and through December 31, 2008, the Cuyahoga Falls municipal court, if the population of the territory equals or exceeds one hundred thousand at the regular municipal election immediately preceding the expiration of the term of the present clerk, the clerk shall be nominated and elected by the qualified electors of the territory in the manner that is provided for the nomination and election of judges in section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(b) In the Hamilton county municipal court, the clerk of courts of Hamilton county shall be the clerk of the municipal court and may appoint an assistant clerk who shall receive the compensation, payable out of the treasury of Hamilton county in semimonthly installments, that the board of county commissioners prescribes. The clerk of courts of Hamilton county, acting as the clerk of the Hamilton county municipal court and assuming the duties of that office, shall receive compensation at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation that is received for the performance of the duties of the clerk of courts of Hamilton county, as provided in sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal courts, the clerks of courts of Portage county and Wayne county shall be the clerks, respectively, of the Portage county and Wayne county municipal courts and may appoint a chief deputy clerk for each branch that is established pursuant to section 1901.311 of the Revised Code and assistant clerks as the judges of the municipal court determine are necessary, all of whom shall receive the compensation that the legislative authority prescribes. The clerks of courts of Portage county and Wayne county, acting as the clerks of the Portage county and Wayne county municipal courts and assuming the duties of these offices, shall receive compensation payable from the county treasury in semimonthly installments at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(d) In the Montgomery county and Miami county municipal courts, the clerks of courts of Montgomery county and Miami county shall be the clerks, respectively, of the Montgomery county and Miami county municipal courts. The clerks of courts of Montgomery county and Miami county, acting as the clerks of the Montgomery county and Miami county municipal courts and assuming the duties of these offices, shall receive compensation at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation that is received for the performance of the duties of the clerks of courts of Montgomery county and Miami county, as provided in sections 325.08 and 325.18 of the Revised Code.
(e) Except as otherwise provided in division (A)(1)(e) of this section, in the Akron municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Akron for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Akron municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Akron municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Akron municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(f) Except as otherwise provided in division (A)(1)(f) of this section, in the Barberton municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Barberton for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Barberton municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Barberton municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Barberton municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(g)(i) Through December 31, 2008, except as otherwise provided in division (A)(1)(g)(i) of this section, in the Cuyahoga Falls municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Cuyahoga Falls for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Cuyahoga Falls municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Cuyahoga Falls municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(ii) Division (A)(1)(g)(i) of this section shall have no effect after December 31, 2008.
(h) Except as otherwise provided in division (A)(1)(h) of this section, in the Toledo municipal court, candidates for election to the office of clerk of the court shall be nominated by primary election. The primary election shall be held on the day specified in the charter of the city of Toledo for the nomination of municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent candidates for the office of clerk of the Toledo municipal court shall be signed by at least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and petition, or a nominating petition, whichever is applicable, not later than four p.m. of the ninetieth day before the day of the primary election, in the form prescribed by section 3513.07 or 3513.261 of the Revised Code. The declaration of candidacy and petition, or the nominating petition, shall conform to the applicable requirements of section 3513.05 or 3513.257 of the Revised Code.
If no valid declaration of candidacy and petition is filed by any person for nomination as a candidate of a particular political party for election to the office of clerk of the Toledo municipal court, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office. If only one person files a valid declaration of candidacy and petition for nomination as a candidate of a particular political party for election to that office, a primary election shall not be held for the purpose of nominating a candidate of that party for election to that office, and the candidate shall be issued a certificate of nomination in the manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating petitions, and certificates of nomination for the office of clerk of the Toledo municipal court shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election, all candidates for the office shall be submitted to the qualified electors of the territory of the court in the manner that is provided in section 1901.07 of the Revised Code for the election of the judges of the court. The clerk so elected shall hold office for a term of six years, which term shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified.
(2)(a) Except for the Alliance, Auglaize county, Brown county, Columbiana county, Holmes county, Perry county, Putnam county, Sandusky county, Lima, Lorain, Massillon, and Youngstown municipal courts, in a municipal court for which the population of the territory is less than one hundred thousand, the clerk shall be appointed by the court, and the clerk shall hold office until the clerk's successor is appointed and qualified.
(b) In the Alliance, Lima, Lorain, Massillon, and Youngstown municipal courts, the clerk shall be elected for a term of office as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, Holmes county, Perry county, Putnam county, and Sandusky county municipal courts, the clerks of courts of Auglaize county, Brown county, Holmes county, Perry county, Putnam county, and Sandusky county shall be the clerks, respectively, of the Auglaize county, Brown county, Holmes county, Perry county, Putnam county, and Sandusky county municipal courts and may appoint a chief deputy clerk for each branch office that is established pursuant to section 1901.311 of the Revised Code, and assistant clerks as the judge of the court determines are necessary, all of whom shall receive the compensation that the legislative authority prescribes. The clerks of courts of Auglaize county, Brown county, Holmes county, Perry county, Putnam county, and Sandusky county, acting as the clerks of the Auglaize county, Brown county, Holmes county, Perry county, Putnam county, and Sandusky county municipal courts and assuming the duties of these offices, shall receive compensation payable from the county treasury in semimonthly installments at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(d) In the Columbiana county municipal court, the clerk of courts of Columbiana county shall be the clerk of the municipal court, may appoint a chief deputy clerk for each branch office that is established pursuant to section 1901.311 of the Revised Code, and may appoint any assistant clerks that the judges of the court determine are necessary. All of the chief deputy clerks and assistant clerks shall receive the compensation that the legislative authority prescribes. The clerk of courts of Columbiana county, acting as the clerk of the Columbiana county municipal court and assuming the duties of that office, shall receive in either biweekly installments or semimonthly installments, as determined by the payroll administrator, compensation payable from the county treasury at one-fourth the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code.
(3) During the temporary absence of the clerk due to illness, vacation, or other proper cause, the court may appoint a temporary clerk, who shall be paid the same compensation, have the same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county, Montgomery county, Miami county, Portage county, and Wayne county municipal courts, if a vacancy occurs in the office of the clerk of the Alliance, Lima, Lorain, Massillon, or Youngstown municipal court or occurs in the office of the clerk of a municipal court for which the population of the territory equals or exceeds one hundred thousand because the clerk ceases to hold the office before the end of the clerk's term or because a clerk-elect fails to take office, the vacancy shall be filled, until a successor is elected and qualified, by a person chosen by the residents of the territory of the court who are members of the county central committee of the political party by which the last occupant of that office or the clerk-elect was nominated. Not less than five nor more than fifteen days after a vacancy occurs, those members of that county central committee shall meet to make an appointment to fill the vacancy. At least four days before the date of the meeting, the chairperson or a secretary of the county central committee shall notify each such member of that county central committee by first class mail of the date, time, and place of the meeting and its purpose. A majority of all such members of that county central committee constitutes a quorum, and a majority of the quorum is required to make the appointment. If the office so vacated was occupied or was to be occupied by a person not nominated at a primary election, or if the appointment was not made by the committee members in accordance with this division, the court shall make an appointment to fill the vacancy. A successor shall be elected to fill the office for the unexpired term at the first municipal election that is held more than one hundred thirty-five days after the vacancy occurred.
(C)(1) In a municipal court, other than the Auglaize county, the Brown county, the Columbiana county, the Holmes county, the Perry county, the Putnam county, the Sandusky county, and the Lorain municipal courts, for which the population of the territory is less than one hundred thousand, the clerk of the municipal court shall receive the annual compensation that the presiding judge of the court prescribes, if the revenue of the court for the preceding calendar year, as certified by the auditor or chief fiscal officer of the municipal corporation in which the court is located or, in the case of a county-operated municipal court, the county auditor, is equal to or greater than the expenditures, including any debt charges, for the operation of the court payable under this chapter from the city treasury or, in the case of a county-operated municipal court, the county treasury for that calendar year, as also certified by the auditor or chief fiscal officer. If the revenue of a municipal court, other than the Auglaize county, the Brown county, the Columbiana county, the Perry county, the Putnam county, the Sandusky county, and the Lorain municipal courts, for which the population of the territory is less than one hundred thousand for the preceding calendar year as so certified is not equal to or greater than those expenditures for the operation of the court for that calendar year as so certified, the clerk of a municipal court shall receive the annual compensation that the legislative authority prescribes. As used in this division, "revenue" means the total of all costs and fees that are collected and paid to the city treasury or, in a county-operated municipal court, the county treasury by the clerk of the municipal court under division (F) of this section and all interest received and paid to the city treasury or, in a county-operated municipal court, the county treasury in relation to the costs and fees under division (G) of this section.
(2) In a municipal court, other than the Hamilton county, Montgomery county, Miami county, Portage county, and Wayne county municipal courts, for which the population of the territory is one hundred thousand or more, and in the Lorain municipal court, the clerk of the municipal court shall receive annual compensation in a sum equal to eighty-five per cent of the salary of a judge of the court.
(3) The compensation of a clerk described in division (C)(1) or (2) of this section and of the clerk of the Columbiana county municipal court is payable in either semimonthly installments or biweekly installments, as determined by the payroll administrator, from the same sources and in the same manner as provided in section 1901.11 of the Revised Code, except that the compensation of the clerk of the Carroll county municipal court is payable in biweekly installments.
(D) Before entering upon the duties of the clerk's office, the clerk of a municipal court shall give bond of not less than six thousand dollars to be determined by the judges of the court, conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the following: administer oaths, take affidavits, and issue executions upon any judgment rendered in the court, including a judgment for unpaid costs; issue, sign, and attach the seal of the court to all writs, process, subpoenas, and papers issuing out of the court; and approve all bonds, sureties, recognizances, and undertakings fixed by any judge of the court or by law. The clerk may refuse to accept for filing any pleading or paper submitted for filing by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section. The clerk shall do all of the following: file and safely keep all journals, records, books, and papers belonging or appertaining to the court; record the proceedings of the court; perform all other duties that the judges of the court may prescribe; and keep a book showing all receipts and disbursements, which book shall be open for public inspection at all times.
The clerk shall prepare and maintain a general index, a docket, and other records that the court, by rule, requires, all of which shall be the public records of the court. In the docket, the clerk shall enter, at the time of the commencement of an action, the names of the parties in full, the names of the counsel, and the nature of the proceedings. Under proper dates, the clerk shall note the filing of the complaint, issuing of summons or other process, returns, and any subsequent pleadings. The clerk also shall enter all reports, verdicts, orders, judgments, and proceedings of the court, clearly specifying the relief granted or orders made in each action. The court may order an extended record of any of the above to be made and entered, under the proper action heading, upon the docket at the request of any party to the case, the expense of which record may be taxed as costs in the case or may be required to be prepaid by the party demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect, and issue receipts for all costs, fees, fines, bail, and other moneys payable to the office or to any officer of the court. The clerk shall on or before the twentieth day of the month following the month in which they are collected disburse to the proper persons or officers, and take receipts for, all costs, fees, fines, bail, and other moneys that the clerk collects. Subject to sections 307.515 and 4511.193 of the Revised Code and to any other section of the Revised Code that requires a specific manner of disbursement of any moneys received by a municipal court and except for the Hamilton county, Lawrence county, and Ottawa county municipal courts, the clerk shall pay all fines received for violation of municipal ordinances into the treasury of the municipal corporation the ordinance of which was violated and shall pay all fines received for violation of township resolutions adopted pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code into the treasury of the township the resolution of which was violated. Subject to sections 1901.024 and 4511.193 of the Revised Code, in the Hamilton county, Lawrence county, and Ottawa county municipal courts, the clerk shall pay fifty per cent of the fines received for violation of municipal ordinances and fifty per cent of the fines received for violation of township resolutions adopted pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code into the treasury of the county. Subject to sections 307.515, 4511.19, and 5503.04 of the Revised Code and to any other section of the Revised Code that requires a specific manner of disbursement of any moneys received by a municipal court, the clerk shall pay all fines collected for the violation of state laws into the county treasury. Except in a county-operated municipal court, the clerk shall pay all costs and fees the disbursement of which is not otherwise provided for in the Revised Code into the city treasury. The clerk of a county-operated municipal court shall pay the costs and fees the disbursement of which is not otherwise provided for in the Revised Code into the county treasury. Moneys deposited as security for costs shall be retained pending the litigation. The clerk shall keep a separate account of all receipts and disbursements in civil and criminal cases, which shall be a permanent public record of the office. On the expiration of the term of the clerk, the clerk shall deliver the records to the clerk's successor. The clerk shall have other powers and duties as are prescribed by rule or order of the court.
(G) All moneys paid into a municipal court shall be noted on the record of the case in which they are paid and shall be deposited in a state or national bank, as defined in section 1101.01 of the Revised Code, that is selected by the clerk. Any interest received upon the deposits shall be paid into the city treasury, except that, in a county-operated municipal court, the interest shall be paid into the treasury of the county in which the court is located.
On
the first Monday in January of each year, the clerk shall make a list
of the titles of all cases in the court that were finally determined
more than one year past in which there remains unclaimed in the
possession of the clerk any funds, or any part of a deposit for
security of costs not consumed by the costs in the case. The clerk
shall give notice of the moneys to the parties who are entitled to
the moneys or to their attorneys of record. All
the moneys remaining unclaimed that are for restitution payments for
crime victims shall be sent to the reparations fund created under
section 2743.191 of the Revised Code, with a list from the clerk
specifying the amounts and individual identifying information of the
funds. All
the
other
moneys
remaining unclaimed on the first day of April of each year shall be
paid by the clerk to the city treasurer, except that, in a
county-operated municipal court, the moneys shall be paid to the
treasurer of the county in which the court is located. The treasurer
shall pay any part of the moneys at any time to the person who has
the right to the moneys upon proper certification of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll county municipal court may be appointed by the clerk and shall receive the compensation, payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out of the city treasury, that the clerk may prescribe, except that the compensation of any deputy clerk of a county-operated municipal court shall be paid out of the treasury of the county in which the court is located. The judge of the Carroll county municipal court may appoint deputy clerks for the court, and the deputy clerks shall receive the compensation, payable in biweekly installments out of the county treasury, that the judge may prescribe. Each deputy clerk shall take an oath of office before entering upon the duties of the deputy clerk's office and, when so qualified, may perform the duties appertaining to the office of the clerk. The clerk may require any of the deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(I) For the purposes of this section, whenever the population of the territory of a municipal court falls below one hundred thousand but not below ninety thousand, and the population of the territory prior to the most recent regular federal census exceeded one hundred thousand, the legislative authority of the municipal corporation may declare, by resolution, that the territory shall be considered to have a population of at least one hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at all sessions of the municipal court, although not necessarily in the courtroom, and may administer oaths to witnesses and jurors and receive verdicts.
Sec. 1907.20. (A) The clerk of courts shall be the clerk of the county court, except that the board of county commissioners, with the concurrence of the county court judges, may appoint a clerk for each county court judge, who shall serve at the pleasure of the board and shall receive compensation as set by the board, payable in semimonthly installments from the treasury of the county. Except as otherwise provided in section 3.061 of the Revised Code, an appointed clerk, before entering upon the duties of the office, shall give bond of not less than five thousand dollars, as determined by the board of county commissioners, conditioned upon the faithful performance of the clerk's duties.
The clerks of courts of common pleas, when acting as the clerks of county courts, and upon assuming their county court duties, shall receive compensation at one-fourth the rate prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in sections 325.08 and 325.18 of the Revised Code. This compensation shall be paid from the county treasury in semimonthly installments and is in addition to the annual compensation received for the performance of the duties of the clerk of a court of common pleas as provided in sections 325.08 and 325.18 of the Revised Code.
(B) The clerk of a county court shall have general powers to administer oaths, take affidavits, and issue executions upon any judgment rendered in the county court, including a judgment for unpaid costs, power to issue and sign all writs, process, subpoenas, and papers issuing out of the court, and to attach the seal of the court to them, and power to approve all bonds, sureties, recognizances, and undertakings fixed by any judge of the court or by law. The clerk shall file and safely keep all journals, records, books, and papers belonging or appertaining to the court, record its proceedings, perform all other duties that the judges of the court may prescribe, and keep a book showing all receipts and disbursements, which shall be open for public inspection at all times. The clerk may refuse to accept for filing any pleading or paper submitted for filing by a person who has been found to be a vexatious litigator under section 2323.52 of the Revised Code and who has failed to obtain leave to proceed under that section.
The clerk shall prepare and maintain a general index, a docket as prescribed by the court, which shall be furnished by the board of county commissioners, and such other records as the court, by rule, requires, all of which shall be the public records of the court. In the docket, the clerk shall enter at times of the commencement of an action, the names of the parties in full, the names of the counsel, and the nature of the proceedings. Under proper dates, the clerk shall note the filing of the complaint, issuing of summons or other process, returns, and pleadings subsequent thereto. The clerk also shall enter all reports, verdicts, orders, judgments, and proceedings of the court, clearly specifying the relief granted or orders made in each action. The court may order an extended record of any of the above to be made and entered, under the proper action heading, upon the docket at the request of any party to the case, the expense of which may be taxed as costs in the case or may be required to be prepaid by the party demanding the extended record, upon order of the court.
(C) The clerk of a county court shall receive and collect all costs, fees, fines, penalties, bail, and other moneys payable to the office or to any officer of the court and issue receipts therefor, and shall on or before the twentieth day of the month following the month in which they are collected disburse the costs, fees, fines, penalties, bail, and other moneys to the proper persons or officers and take receipts therefor. Subject to sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised Code and all other statutes that require a different distribution of fines, fines received for violations of municipal ordinances shall be paid into the treasury of the municipal corporation whose ordinance was violated, fines received for violations of township resolutions adopted pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code shall be paid into the treasury of the township whose resolution was violated, and fines collected for the violation of state laws shall be paid into the county treasury. Moneys deposited as security for costs shall be retained pending the litigation.
The clerk shall keep a separate account of all receipts and disbursements in civil and criminal cases. The separate account shall be a permanent public record of the office. On the expiration of a clerk's term, those records shall be delivered to the clerk's successor.
The clerk shall have such other powers and duties as are prescribed by rule or order of the court.
(D)
All moneys paid into a county court shall be noted on the record of
the case in which they are paid and shall be deposited in a state or
national bank selected by the clerk. On the first Monday in January
of each year, the clerk shall make a list of the titles of all cases
in the county court that were finally determined more than one year
past in which there remains unclaimed in the possession of the clerk
any funds, or any part of a deposit for security of costs not
consumed by the costs in the case. The clerk shall give notice of the
moneys to the
parties entitled to them or to their attorneys of record. All
the moneys remaining unclaimed that are for restitution payments for
crime victims shall be sent to the reparations fund created under
section 2743.191 of the Revised Code, with a list from the clerk
specifying the amounts and individual identifying information of the
funds. All
the
other
moneys
remaining unclaimed on the first day of April of each year shall be
paid by the clerk to the county treasurer. Any part of the moneys
shall be paid by the county treasurer at any time to the person
having the right to them, upon proper certification of the clerk.
(E)(1) In county court districts having appointed clerks, deputy clerks may be appointed by the board of county commissioners. Clerks and deputy clerks shall receive such compensation payable in semimonthly installments out of the county treasury as the board may prescribe. Each deputy clerk shall take an oath of office before entering upon the duties of the deputy clerk's office and, when so qualified, may perform the duties appertaining to the office of the clerk. The clerk may require any of the deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(2) A clerk of courts acting as clerk of the county court may appoint deputy clerks to perform the duties pertaining to the office of clerk of the county court. Each deputy clerk shall take an oath of office before entering upon the deputy clerk's duties, and the clerk of courts may require the deputy clerk to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be in attendance at all sessions of the court, although not necessarily in the courtroom, and may administer oaths to witnesses and jurors and receive verdicts.
(F)(1) In county court districts having appointed clerks, the board of county commissioners may order the establishment of one or more branch offices of the clerk and, with the concurrence of the county judges, may appoint a special deputy clerk to administer each branch office. Each special deputy clerk shall take an oath of office before entering upon the duties of the deputy clerk's office and, when so qualified, may perform any one or more of the duties appertaining to the office of clerk, as the board prescribes. Special deputy clerks shall receive such compensation payable in semimonthly installments out of the county treasury as the board may prescribe. Except as otherwise provided in section 3.061 of the Revised Code, the board may require any of the special deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
The board of county commissioners may authorize the clerk of the county court to operate one or more branch offices, to divide the clerk's time between the offices, and to perform duties appertaining to the office of clerk in locations that the board prescribes.
(2) A clerk of courts acting as clerk of the county court may establish one or more branch offices for the clerk's duties as clerk of the county court and, with the concurrence of the county court judges, may appoint a special deputy clerk to administer each branch office. Each special deputy clerk shall take an oath of office before entering upon the deputy clerk's duties and, when so qualified, may perform any of the duties pertaining to the office of clerk, as the clerk of courts prescribes. The clerk of courts may require any of the special deputy clerks to give bond of not less than three thousand dollars, conditioned for the faithful performance of the deputy clerk's duties.
(G) The clerk of courts of the county shall fix the compensation of deputy clerks and special deputy clerks appointed by the clerk pursuant to this section. Those personnel shall be paid and be subject to the same requirements as other employees of the clerk under the provisions of section 325.17 of the Revised Code insofar as that section is applicable.
Sec. 2151.356. (A) The records of a case in which a person was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not be sealed under this section.
(B)(1) The juvenile court shall promptly order the immediate sealing of records pertaining to a juvenile in any of the following circumstances:
(a) If the court receives a record from a public office or agency under division (B)(2) of this section;
(b) If a person was brought before or referred to the court for allegedly committing a delinquent or unruly act and the case was resolved without the filing of a complaint against the person with respect to that act pursuant to section 2151.27 of the Revised Code;
(c) If a person was charged with violating division (E)(1) of section 4301.69 of the Revised Code and the person has successfully completed a diversion program under division (E)(2)(a) of section 4301.69 of the Revised Code with respect to that charge;
(d) If a complaint was filed against a person alleging that the person was a delinquent child, an unruly child, or a juvenile traffic offender and the court dismisses the complaint after a trial on the merits of the case or finds the person not to be a delinquent child, an unruly child, or a juvenile traffic offender;
(e) Notwithstanding division (C) of this section and subject to section 2151.358 of the Revised Code, if a person has been adjudicated an unruly child, that person has attained eighteen years of age, and the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child.
(2) The appropriate public office or agency shall immediately deliver all original records at that public office or agency pertaining to a juvenile to the court, if the person was arrested or taken into custody for allegedly committing a delinquent or unruly act, no complaint was filed against the person with respect to the commission of the act pursuant to section 2151.27 of the Revised Code, and the person was not brought before or referred to the court for the commission of the act. The records delivered to the court as required under this division shall not include fingerprints, DNA specimens, and DNA records described under division (A)(3) of section 2151.357 of the Revised Code.
(C)(1) The juvenile court shall consider the sealing of records pertaining to a juvenile upon the court's own motion or upon the application of a person if the person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code, an unruly child, or a juvenile traffic offender and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. The court shall not require a fee for the filing of the application. The motion or application may be made on or after the time specified in whichever of the following is applicable:
(a) If the person is under eighteen years of age, at any time after six months after any of the following events occur:
(i) The termination of any order made by the court in relation to the adjudication;
(ii) The unconditional discharge of the person from the department of youth services with respect to a dispositional order made in relation to the adjudication or from an institution or facility to which the person was committed pursuant to a dispositional order made in relation to the adjudication;
(iii) The court enters an order under section 2152.84 or 2152.85 of the Revised Code that contains a determination that the child is no longer a juvenile offender registrant.
(b) If the person is eighteen years of age or older, at any time after the later of the following:
(i) The person's attainment of eighteen years of age;
(ii) The occurrence of any event identified in divisions (C)(1)(a)(i) to (iii) of this section.
(2) In making the determination whether to seal records pursuant to division (C)(1) of this section, all of the following apply:
(a) The court may require a person filing an application under division (C)(1) of this section to submit any relevant documentation to support the application.
(b) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(c) The court shall promptly, but not less than thirty days prior to the hearing, notify the prosecuting attorney of any proceedings to seal records initiated pursuant to division (C)(1) of this section. The prosecutor shall provide timely notice to a victim and a victim's representative, if applicable, if the victim or victim's representative requested notice of the proceedings in the underlying case.
(d)(i) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
(ii) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim, the victim's representative, and the victim's attorney, if applicable, may be present and heard orally, in writing, or both at any hearing under this division. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable.
(iii) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim, the victim's representative, and the victim's attorney, if applicable, may be present and heard orally, in writing, or both at any hearing under this division. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable.
(e) After conducting a hearing in accordance with division (C)(2)(d) of this section or after due consideration when a hearing is not conducted, except as provided in division (B)(1)(c) of this section, the court may order the records of the person that are the subject of the motion or application to be sealed if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(i) The age of the person;
(ii) The nature of the case;
(iii) The cessation or continuation of delinquent, unruly, or criminal behavior;
(iv) The education and employment history of the person;
(v) The granting of a new tier classification or declassification from the juvenile offender registry pursuant to section 2152.85 of the Revised Code, except for public registry-qualified juvenile offender registrants;
(vi) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.
(D)(1)(a) The juvenile court shall provide verbal notice to a person whose records are sealed under division (B) of this section, if that person is present in the court at the time the court issues a sealing order, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means.
(b) The juvenile court shall provide written notice to a person whose records are sealed under division (B) of this section by regular mail to the person's last known address, if that person is not present in the court at the time the court issues a sealing order and if the court does not seal the person's record upon the court's own motion, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means.
(2) Upon final disposition of a case in which a person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, or 2907.02 of the Revised Code, an unruly child, or a juvenile traffic offender, the juvenile court shall provide written notice to the person that does all of the following:
(a) States that the person may apply to the court for an order to seal the record;
(b) Explains what sealing a record means;
(c) States that the person may apply to the court for an order to expunge the record under section 2151.358 of the Revised Code;
(d) Explains what expunging a record means.
(3) The department of youth services and any other institution or facility that unconditionally discharges a person who has been adjudicated a delinquent child, an unruly child, or a juvenile traffic offender shall immediately give notice of the discharge to the court that committed the person. The court shall note the date of discharge on a separate record of discharges of those natures.
Sec. 2151.358. (A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier.
(B) Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 of the Revised Code. In making the determination whether to expunge records, all of the following apply:
(1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application.
(2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(3) The court shall promptly, but not less than thirty days prior to the hearing, notify the prosecuting attorney of any proceedings to expunge records. The prosecutor shall provide timely notice to a victim and the victim's representative, if applicable, if the victim or victim's representative requested notice of the proceedings in the underlying case.
(4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings.
(b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim and the victim's representative, if applicable, may be present and heard orally, in writing, or both at any hearing under this division. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable.
(c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim and the victim's representative, if applicable, may be present and heard orally, in writing, or both at any hearing under this section. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable.
(5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(a) The age of the person;
(b) The nature of the case;
(c) The cessation or continuation of delinquent, unruly, or criminal behavior;
(d) The education and employment history of the person;
(e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.
(C) If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section.
(D)(1) A juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code shall automatically seal all of the records of the proceeding in which the order was issued or agreement approved on the date the person against whom the protection order was issued or the consent agreement approved attains the age of nineteen years if the court determines that the person has complied with all of the terms of the protection order or consent agreement.
(2) In a proceeding under section 2151.34 of the Revised Code, if the juvenile court does not issue any protection order under division (E) of that section, the court shall automatically seal all of the records in that proceeding. In a proceeding under section 3113.31 of the Revised Code, if the juvenile court does not issue any protection order or approve any consent agreement under division (E) of that section, the court shall automatically seal all of the records in that proceeding.
(3)(a) If a juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code determines that the person against whom the protection order was issued or the consent agreement approved has not complied with all of the terms of the protection order or consent agreement, the court shall consider sealing all of the records of the proceeding in which the order was issued or agreement approved upon the court's own motion or upon the application of a person. The court may make the motion or the person who is the subject of the records under consideration may apply for an order sealing the records of the proceeding at any time after two years after the expiration of the protection order or consent agreement.
(b) In making a determination whether to seal records pursuant to division (D)(3) of this section, all of the following apply:
(i) The court may require a person filing an application under division (D)(3) of this section to submit any relevant documentation to support the application.
(ii) The court shall promptly notify the victim or the victim's attorney of any proceedings to seal records initiated pursuant to division (D)(3) of this section.
(iii) The victim or the victim's attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
If the victim or the victim's attorney does not file a response with the court or if the victim or the victim's attorney files a response but indicates that the victim or the victim's attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration.
If the victim or the victim's attorney files a response with the court that indicates that the victim or the victim's attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration.
(iv) After conducting a hearing in accordance with division (D)(3)(b)(iii) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the motion or application to be sealed.
(4) Inspection of the records sealed pursuant to division (D)(1), (2), or (3) of this section may be made only by the following persons or for the following purposes:
(a) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(b) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(c) Upon application by the person who is the subject of the records, by the persons named in the application;
(d) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(e) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(f) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer;
(g) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, section 2953.321 of the Revised Code;
(h) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(i) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(j) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;
(k) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(l) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(E) In addition to the methods of expungement provided for in divisions (A) and (B) of this section, a person who has been adjudicated a delinquent child for having committed an act that would be a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code if the child were an adult may apply to the adjudicating court for the expungement of the record of adjudication if the person's participation in the act was a result of the person having been a victim of human trafficking. The application shall be made in the same manner as an application for expungement under section 2953.38 of the Revised Code, and all of the provisions of that section shall apply to the expungement procedure.
(F) After the records have been expunged under this section, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter.
Sec. 2152.20. (A) If a child is adjudicated a delinquent child or a juvenile traffic offender, the court may order any of the following dispositions, in addition to any other disposition authorized or required by this chapter:
(1) Impose a fine in accordance with the following schedule:
(a) For an act that would be a minor misdemeanor or an unclassified misdemeanor if committed by an adult, a fine not to exceed fifty dollars;
(b) For an act that would be a misdemeanor of the fourth degree if committed by an adult, a fine not to exceed one hundred dollars;
(c) For an act that would be a misdemeanor of the third degree if committed by an adult, a fine not to exceed one hundred fifty dollars;
(d) For an act that would be a misdemeanor of the second degree if committed by an adult, a fine not to exceed two hundred dollars;
(e) For an act that would be a misdemeanor of the first degree if committed by an adult, a fine not to exceed two hundred fifty dollars;
(f) For an act that would be a felony of the fifth degree or an unclassified felony if committed by an adult, a fine not to exceed three hundred dollars;
(g) For an act that would be a felony of the fourth degree if committed by an adult, a fine not to exceed four hundred dollars;
(h) For an act that would be a felony of the third degree if committed by an adult, a fine not to exceed seven hundred fifty dollars;
(i) For an act that would be a felony of the second degree if committed by an adult, a fine not to exceed one thousand dollars;
(j) For an act that would be a felony of the first degree if committed by an adult, a fine not to exceed one thousand five hundred dollars;
(k) For an act that would be aggravated murder or murder if committed by an adult, a fine not to exceed two thousand dollars.
(2) Require the child to pay costs;
(3)
Unless the child's delinquent
act or juvenile
traffic offense would be a minor misdemeanor if committed by an adult
or could be disposed of by the juvenile traffic violations bureau
serving the court under Traffic Rule 13.1 if the court has
established a juvenile traffic violations bureau, require the child
to make restitution to the victim of the child's delinquent act or
juvenile traffic offense or, if the victim is deceased, to a survivor
or
the
estate of
the victim in an amount based upon the victim's economic loss caused
by or related to the delinquent act or juvenile traffic offense. The
court may not
require a child to make restitution pursuant to this division if the
child's delinquent
act or juvenile
traffic offense would be a minor misdemeanor if committed by an adult
or could be disposed of by the juvenile traffic violations bureau
serving the court under Traffic Rule 13.1 if the court has
established a juvenile traffic violations bureau. If the court
requires restitution under this division, the restitution shall be
made directly to the victim in open court or to the probation
department that serves the jurisdiction or the clerk of courts on
behalf of the victim.
If
the court requires restitution under this division, the restitution
may be in the form of a cash reimbursement paid in a lump sum or in
installments, the performance of repair work to restore any damaged
property to its original condition, the performance of a reasonable
amount of labor for the victim or survivor of the victim, the
performance of community service work, any other form of restitution
devised by the court, or any combination of the previously described
forms of restitution.
If
the court requires restitution under this division, the court may
base the restitution order on an amount recommended by the victim or
survivor of the victim, the delinquent child, the juvenile traffic
offender, a presentence investigation report, estimates or receipts
indicating the cost of repairing or replacing property, and any other
information, provided that the The
victim, victim's representative, victim's attorney, if applicable,
the prosecuting attorney, or the delinquent child or juvenile traffic
offender may provide information relevant to the determination of the
amount of restitution. 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 delinquent act or juvenile traffic offense. If the court
decides to or
is required to order
restitution under this division and the amount of the restitution is
disputed by the victim or survivor,
victim's estate, victim's representative, or victim's attorney, if
applicable, or
by the delinquent child or juvenile traffic offender, the court shall
hold a hearing on the restitution.
If
the court requires restitution under this division, the court shall
determine, or order the determination of, the amount of restitution
to be paid by the delinquent child or juvenile traffic offender
The
court shall determine the amount of full restitution by a
preponderance of the evidence.
All restitution payments shall be credited against any recovery of
economic loss in a civil action brought by or on behalf of the victim
against the delinquent child or juvenile traffic offender or the
delinquent child's or juvenile traffic offender's parent, guardian,
or other custodian.
If the court requires restitution under this division, the court may order that the delinquent child or juvenile traffic offender pay a surcharge, in an amount not exceeding five per cent of the amount of restitution otherwise ordered under this division, to the entity responsible for collecting and processing the restitution payments.
The
victim
or
the,
survivor
of the victim,
or
victim's estate may
request that the prosecuting authority file a motion, or the
delinquent child or juvenile traffic offender may file a motion, for
modification of the payment terms of any restitution ordered under
this division. If the court grants the motion, it may modify the
payment terms as it determines appropriate.
(4) Require the child to reimburse any or all of the costs incurred for services or sanctions provided or imposed, including, but not limited to, the following:
(a) All or part of the costs of implementing any community control imposed as a disposition under section 2152.19 of the Revised Code, including a supervision fee;
(b) All or part of the costs of confinement in a residential facility described in section 2152.19 of the Revised Code or in a department of youth services institution, including, but not limited to, a per diem fee for room and board, the costs of medical and dental treatment provided, and the costs of repairing property the delinquent child damaged while so confined. The amount of reimbursement ordered for a child under this division shall not exceed the total amount of reimbursement the child is able to pay as determined at a hearing and shall not exceed the actual cost of the confinement. The court may collect any reimbursement ordered under this division. If the court does not order reimbursement under this division, confinement costs may be assessed pursuant to a repayment policy adopted under section 2929.37 of the Revised Code and division (D) of section 307.93, division (A) of section 341.19, division (C) of section 341.23 or 753.16, division (C) of section 2301.56, or division (B) of section 341.14, 753.02, 753.04, or 2947.19 of the Revised Code.
(B) Chapter 2981. of the Revised Code applies to a child who is adjudicated a delinquent child for violating section 2923.32 or 2923.42 of the Revised Code or for committing an act that, if committed by an adult, would be a felony drug abuse offense.
(C) The court may hold a hearing if necessary to determine whether a child is able to pay a sanction under this section.
(D)
If a child who is adjudicated a delinquent child is indigent, the
court shall consider imposing a term of community service
under division (A) of section 2152.19 of the Revised Code in lieu of
imposing a financial sanction under this section. If a child who is
adjudicated a delinquent child is not indigent, the court may impose
a term of community service under that division in lieu of, or in
addition to, imposing a financial sanction under this section.
The
court may order community service for an act that if committed by an
adult would be a minor misdemeanor
if
that order would generate funds for restitution.
If a child fails to pay a financial sanction imposed under this section, the court may impose a term of community service in lieu of the sanction.
(E) The clerk of the court, or another person authorized by law or by the court to collect a financial sanction imposed under this section, may do any of the following:
(1) Enter into contracts with one or more public agencies or private vendors for the collection of the amounts due under the financial sanction, which amounts may include interest from the date of imposition of the financial sanction;
(2) Permit payment of all, or any portion of, the financial sanction in installments, by credit or debit card, by another type of electronic transfer, or by any other reasonable method, within any period of time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. The clerk may pay any fee associated with processing an electronic transfer out of public money and may charge the fee to the delinquent child.
(3) To defray administrative costs, charge a reasonable fee to a child who elects a payment plan rather than a lump sum payment of a financial sanction.
Sec. 2152.203. (A) As used in this section, "criminal offense" and "delinquent act" have the same meanings as in section 2930.01 of the Revised Code.
(B) In determining the amount of restitution under this section, the court shall order full restitution for any expenses related to a victim's economic loss due to the delinquent act. The amount of restitution shall be reduced by any payments to the victim for economic loss made or due under a policy of insurance or governmental program.
Economic loss includes, but is not limited to, the following:
(1) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of the property or the actual cost of repairing the property when repair is possible.
(2) Medical expenses;
(3) Mental health counseling expenses;
(4) Wages or profits lost due to injury or harm to the victim as determined by the court. Lost wages include commission income as well as base wages. Commission income shall be established by evidence of commission income during the twelve-month period prior to the date of the delinquent act for which restitution is being ordered, unless good cause for a shorter time period is shown.
(5) Expenses related to making a vehicle or residence accessible to the victim if the victim is partially permanently disabled or totally permanently disabled as a direct result of the delinquent act.
(C) Upon notification by the court, any money owed by the state or by a political subdivision of the state to a delinquent child who is required to make restitution under this section, including any tax refund owed to the child or offender, shall be assigned to the discharge of the child's or offender's outstanding restitution obligation, subject to any superseding federal statutes or regulations, including court-ordered support obligations.
(D) If a delinquent child or juvenile traffic offender is required to make restitution under this section in the form of monetary payments to more than one victim, the child or offender shall make the payments to the victims in the following order of priority:
(1) Individuals;
(2) Nonprofit organizations;
(3) Business entities;
(4) Governmental entities.
(E) A court that orders restitution as part of a delinquent child's disposition under this section shall not suspend that part of the disposition if the victim or victim's attorney, if applicable, objects to the restitution part of the disposition being suspended.
(F) A restitution obligation imposed by a court does not expire until paid in full. If an order remains unpaid in full, a court order for restitution imposed under this section shall be reduced to a civil judgment in favor of the victim prior to the termination of the court's jurisdiction upon the delinquent child's attainment of twenty-one years of age. If the order is reduced to such a judgment, the person required to pay the restitution under the order is the judgment debtor. The court retains jurisdiction over the restitution order until the delinquent child attains twenty-one years of age and the civil judgment obligation continues to be enforceable by a victim, victim's representative, or victim's attorney, if applicable, until the obligation is satisfied.
(G) The supreme court shall create a standardized form to be made publicly available that provides guidance for victims and victims' representatives regarding the compilation of evidence to demonstrate losses for the purpose of this section.
(H) On the request of the victim, if a judge determines that, under the circumstances, it is appropriate and the victim has not been coerced, a victim may accept a settlement that is less than the full restitution order.
Sec. 2152.81. (A)(1) As used in this section, "victim" includes any of the following persons:
(a) A person who was a victim of a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult;
(b) A person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult.
(2)(2)(a)
In
any proceeding in juvenile court involving a complaint, indictment,
or information in which a child is charged with a violation of
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.05, 2907.06,
2907.07, 2907.09, 2907.21, 2907.23, 2907.24,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the
Revised Code or an act that would be an offense of violence if
committed by an adult and in which an alleged victim of the violation
or act was a child who was less than thirteen years of age when the
complaint or information was filed or the indictment was returned,
the juvenile judge, upon motion of an attorney for the prosecution,
child victim, or child victim's attorney,
shall
order that the testimony of the child victim be taken by deposition.
The prosecution,
child victim, or child victim's attorney
also
may request that the deposition be videotaped
recorded
in
accordance with division (A)(3) of this section.
(b) In any proceeding that is not otherwise eligible for the protections provided for in division (A)(2)(a) of this section, and in which an alleged victim of the violation was a child who was less than eighteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, upon motion of the child victim, the child victim's attorney, if applicable, or an attorney for the prosecution, and upon a showing by a preponderance of the evidence that the child will suffer serious emotional trauma if required to provide live trial testimony, the juvenile judge shall order that the testimony of the child victim be taken by deposition. The prosecution may also request that the deposition be recorded in accordance with division (A)(3) of this section.
(c)
The
judge shall notify the child victim whose deposition is to be taken,
the
victim's attorney, if applicable, the
prosecution, and the attorney for the child who is charged with the
violation or act of the date, time, and place for taking the
deposition. The notice shall identify the child victim who is to be
examined and shall indicate whether a request
that the deposition be videotaped
recorded
has
been made. The child who is charged with the violation or act shall
have the right to attend the deposition and the right to be
represented by counsel. Depositions shall be taken in the manner
provided in civil cases, except that the judge in the proceeding
shall preside at the taking of the deposition and shall rule at that
time on any objections of the prosecution or the attorney for the
child charged with the violation or act. The prosecution and the
attorney for the child charged with the violation or act shall have
the right, as at an adjudication hearing, to full examination and
cross-examination of the child victim whose deposition is to be
taken. If a deposition taken under this division is intended to be
offered as evidence in the proceeding, it shall be filed in the
juvenile court in which the action is pending and is admissible in
the manner described in division (B) of this section. If a deposition
of a child victim taken under this division is admitted as evidence
at the proceeding under division (B) of this section, the child
victim shall not be required to testify in person at the proceeding.
However, at any time before the conclusion of the proceeding, the
attorney for the child charged with the violation or act may file a
motion with the judge requesting that another deposition of the child
victim be taken because new evidence material to the defense of the
child charged has been discovered that the attorney for the child
charged could not with reasonable diligence have discovered prior to
the taking of the admitted deposition. Any motion requesting another
deposition shall be accompanied by supporting affidavits. Upon the
filing of the motion and affidavits, the court may order that
additional testimony of the child victim relative to the new evidence
be taken by another deposition. If the court orders the taking of
another deposition under this provision, the deposition shall be
taken
in accordance with this division; if the admitted deposition was a
videotaped
recorded
deposition
taken in accordance with division (A)(3) of this section, the new
deposition also shall be videotaped
recorded
in
accordance with that division, and, in other cases, the new
deposition may be videotaped
recorded
in
accordance with that division.
(3)
If the prosecution
requests
that a deposition to be taken under division (A)(2) of this section
be
videotaped
recorded,
the juvenile judge shall order that the deposition be videotaped
recorded
in
accordance with this division. If a juvenile judge issues an order to
video
tape
record
the
deposition, the judge shall exclude from the room in which the
deposition is to be taken every person except the child victim giving
the testimony,;
the
judge,;
one
or more interpreters if needed,;
the
attorneys for the prosecution;
the child victim's attorney, if applicableand
;
the
attorney for the
child who is charged with the violation or act,;
any
person needed to operate the equipment to be used,;
one
person,
who is not a witness,
chosen
by the child victim giving the deposition,;
the
victim's representative; and
any person whose presence the judge determines would contribute to
the welfare and well-being of the child victim giving the deposition.
The person chosen by the child victim
shall
not be a witness in the proceeding and,
both before and during the deposition, shall not discuss the
testimony of the child victim with any other witness in the
proceeding. To the extent feasible, any person operating the
recording equipment shall be restricted to a room adjacent to the
room in which the deposition is being taken, or to a location in the
room in which the deposition is being taken that is behind a screen
or mirror so that the person operating the recording equipment can
see and hear, but cannot be seen or heard
by, the child victim giving the deposition during the deposition. The
child who is charged with the violation or act shall be permitted to
observe and hear the testimony of the child victim giving the
deposition on a monitor, shall be provided with an electronic means
of immediate communication with the attorney of the child who is
charged with the violation or act during the testimony, and shall be
restricted to a location from which the child who is charged with the
violation or act cannot be seen or heard by the child victim giving
the deposition, except on a monitor provided for that purpose. The
child victim giving the deposition shall be provided with a monitor
on which the child victim can observe, while giving testimony, the
child who is charged with the violation or act. The judge, at the
judge's discretion, may preside at the deposition by electronic means
from outside the room in which the deposition is to be taken; if the
judge presides by electronic means, the judge shall be provided with
monitors on which the judge can see each person in the room in which
the deposition is to be taken and with an electronic means of
communication with each person in that room, and each person in the
room shall be provided with a monitor on which that person can see
the judge and with an electronic means of communication with the
judge. A deposition that is videotaped
recorded
under
this division shall be taken and filed in the manner described in
division (A)(2) of this section and is admissible in the manner
described in this division and division (B) of this section, and, if
a deposition that is videotaped
recorded
under
this division is admitted as evidence at the proceeding, the child
victim shall not be required to testify in person at the proceeding.
No deposition videotaped
recorded
under
this division shall be admitted as evidence at any proceeding unless
division (B) of this section is satisfied relative to the deposition
and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(B)(1) At any proceeding in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.
(C) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or indictment was returned, the prosecution, the child victim, or the child victim's attorney, if applicable, may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, the child victim, or the child victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution, the child victim, or the child victim's attorney, if applicable, filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint or information was filed or the indictment was returned, the prosecution, the child victim, or the child victim's attorney, if applicable, may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, the child victim, or the child victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution, the child victim, or the child victim's attorney, if applicable, filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(E) For purposes of divisions (C) and (D) of this section, a juvenile judge may order the testimony of a child victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the child victim to testify despite judicial requests to do so;
(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.
(F)(1) If a juvenile judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim, in a manner consistent with section 2930.07 of the Revised Code, to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (A)(3) of this section or a proceeding under division (C) or (D) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2)
A juvenile judge who makes any determination regarding the
admissibility of a deposition under divisions (A) and (B) of this
section, the videotaping
recording
of
a deposition under division (A)(3) of this section, or the taking of
testimony outside of the room in which a proceeding is being
conducted under division (C) or (D) of this section, shall enter the
determination and findings on the record in the proceeding.
Sec. 2152.811. (A) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Victim with a developmental disability" includes any of the following persons:
(a) A person with a developmental disability who was a victim of a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult;
(b) A person with a developmental disability against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult.
(B)(1)(B)(1)(a)
In
any proceeding in juvenile court involving a complaint, indictment,
or information in which a child is charged with a violation of
section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05,
2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323
of the Revised Code or an act that would be an offense of violence if
committed by an adult and in which an alleged victim of the violation
or act was a person with a developmental disability, the juvenile
judge, upon motion of the prosecution,
victim, or victim's attorney, if applicable,
shall order that the testimony of the victim with a developmental
disability be taken by deposition. The
prosecutionalso
prosecution,
victim, or victim's attorney, if applicable, also
may
request that the deposition be videotaped
recorded
in
accordance with division (B)(2) of this section.
(b) In any proceeding that is not otherwise eligible for the protections provided for in division (B)(1)(a) of this section and in which an alleged victim of the violation or act was a person with a developmental disability, upon motion of the prosecution, the victim, or the victim's attorney, if applicable, and a showing by a preponderance of the evidence that the victim will suffer serious emotional trauma if required to provide live trial testimony, the juvenile judge shall order that the testimony of the victim with a developmental disability be taken by deposition. The prosecution, the victim, or the victim's attorney, if applicable, also may request that the deposition be recorded in accordance with division (B)(2) of this section.
(c)
The
judge shall notify the victim with a developmental disability whose
deposition is to be taken, the prosecution, the
victim's attorney, if applicable, and
the attorney for the child who is charged with the violation or act
of the date, time, and place for taking the deposition. The notice
shall identify the victim with a developmental disability,
in a manner consistent with section 2930.07 of the Revised Code,
who
is to be examined and shall indicate whether a request that the
deposition be videotaped
recorded
has
been made. The child who is charged with the violation or act shall
have the right to attend the deposition and the right to be
represented by counsel. Depositions shall be taken in the manner
provided in civil cases, except that the judge in the proceeding
shall preside at the taking of the deposition and shall rule at that
time on any objections
of the prosecution or the attorney for the child charged with the
violation or act. The prosecution and the attorney for the child
charged with the violation or act shall have the right, as at an
adjudication hearing, to full examination and cross-examination of
the victim with a developmental disability whose deposition is to be
taken.
If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (C) of this section. If a deposition of a victim with a developmental disability taken under this division is admitted as evidence at the proceeding under division (C) of this section, the victim with a developmental disability shall not be required to testify in person at the proceeding.
At
any time before the conclusion of the proceeding, the attorney for
the child charged with the violation or act may file a motion with
the judge requesting that another deposition of the victim with a
developmental disability be taken because new evidence material to
the defense of the child charged has been discovered that the
attorney for the child charged could not with reasonable diligence
have discovered prior to the taking of the admitted deposition. Any
motion requesting another deposition shall be accompanied by
supporting affidavits. Upon the filing of the motion and affidavits,
the court may order that additional testimony of the victim with a
developmental disability relative to the new evidence be taken by
another deposition. If the court orders the taking of another
deposition under this provision, the deposition shall be taken in
accordance with this division. If the admitted deposition was a
videotaped
recorded
deposition
taken in accordance with division (B)(2)
of this section, the new deposition also shall be videotaped
recorded
in
accordance with that division. In other cases, the new deposition may
be videotaped
recorded
in
accordance with that division.
(2)
If the prosecutionrequests
prosecution,
victim, or victim's attorney, if applicable, requests that
a deposition to be taken under division (B)(1) of this section be
videotaped
recorded,
the juvenile judge shall order that the deposition be
videotaped
recorded
in
accordance with this division. If a juvenile judge issues an order to
video
tape record
the
deposition, the judge shall exclude from the room in which the
deposition is to be taken every person except the victim with a
developmental disability giving the testimony, the judge, one or more
interpreters if needed, the attorneys for the prosecution and the
child who is charged with the violation or act, the
victim's attorney, if applicable, any
person needed to operate the equipment to be used, one person chosen
by the victim with a developmental disability giving the deposition,
the
victim's representative, if applicable, and
any person whose presence the judge determines would contribute to
the welfare and well-being of the victim with a developmental
disability giving the deposition. The person chosen by the victim
with a developmental disability shall not be a witness in the
proceeding and, both before and during the deposition, shall not
discuss the testimony of the victim with any other witness in the
proceeding. To the extent feasible, any person operating the
recording equipment shall be restricted to a room adjacent to the
room in which the deposition is being taken, or to a location in the
room in which the deposition is being taken that is behind a screen
or mirror so that the person operating the recording equipment can
see and hear, but cannot be seen or heard
by, the victim with a developmental disability giving the deposition
during the deposition.
The
child who is charged with the violation or act shall be permitted to
observe and hear the testimony of the victim with a developmental
disability giving the deposition on a monitor, shall be provided with
an electronic means of immediate communication with the attorney of
the child who is charged with the violation or act during the
testimony, and shall be restricted to a location from which the child
who is charged with the violation or act cannot be seen or heard by
the victim with a developmental disability giving the deposition,
except on a monitor provided for that purpose. The victim with a
developmental disability giving the deposition shall be provided with
a monitor on which the victim with a developmental disability can
observe, while giving testimony, the child who is charged with the
violation or act. The judge, at the judge's discretion, may preside
at the deposition by electronic means from outside the room in which
the deposition is to be taken; if the judge presides by electronic
means, the judge shall be provided with monitors on which the judge
can see each person in the room in which the deposition is to be
taken and with an electronic means of communication with each person
in that room, and each person in the room shall be provided with a
monitor on which that person can see the judge and with an electronic
means of communication with the judge. A deposition that is
videotaped
recorded
under
this division shall be taken and filed in the manner described in
division (B)(1) of this section and is admissible in the manner
described in this division and division (C) of this section. If a
deposition that is videotaped
recorded
under
this division is admitted as evidence at the proceeding, the victim
with a developmental disability shall not be required to
testify in person at the proceeding. No deposition videotaped
recorded
under
this division shall be admitted as evidence at any proceeding unless
division (C) of this section is satisfied relative to the deposition
and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d)
Both
the The
prosecution,
victim, or victim's attorney, if applicable,
and
the child who is charged with the violation or act are afforded an
opportunity to view the recording before it is shown in the
proceeding.
(C)(1) At any proceeding in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the victim with a developmental disability who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the victim with a developmental disability who gave the testimony in the deposition were to testify in person at the proceeding, the victim with a developmental disability would experience serious emotional trauma as a result of the participation of the victim with a developmental disability at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution, victim, or victim's attorney, if applicable, may file a motion with the juvenile judge requesting the judge to order the testimony of the victim with a developmental disability to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act for one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, while giving testimony, the child who is charged with the violation or act.
(E) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution, victim, or victim's attorney, if applicable, may file a motion with the juvenile judge requesting the judge to order the testimony of the victim with a developmental disability to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution, victim, or victim's attorney, if applicable, filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a juvenile judge may order the testimony of a victim with a developmental disability to be taken outside of the room in which a proceeding is being conducted if the judge determines that the victim with a developmental disability is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the victim with a developmental disability to testify despite judicial requests to do so;
(2) The inability of the victim with a developmental disability to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the victim with a developmental disability will suffer serious emotional trauma from so testifying.
(G)(1) If a juvenile judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a victim with a developmental disability in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the victim with a developmental disability, in a manner consistent with section 2930.07 of the Revised Code, to whose testimony it applies, the order applies only during the testimony of the specified victim with a developmental disability, and the victim with a developmental disability giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (B)(2) of this section or a proceeding under division (D) or (E) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2)
A juvenile judge who makes any determination regarding the
admissibility of a deposition under divisions (B) and (C) of this
section, the videotaping
recording
of
a deposition under division (B)(2) of this section, or the taking of
testimony outside of the room in which a proceeding is being
conducted under division (D) or (E) of this section shall enter the
determination and findings on the record in the proceeding.
Sec.
2335.35. (A)
All
moneys, fees, costs, debts, and damages, remaining in the hands of
the clerk of the court of common pleas or probate judge, and all
unclaimed moneys, other than costs, remaining in the hands of the
sheriff from the expiration of thirty days from the ending of the
time of advertisement as provided by section 2335.34 of the Revised
Code, shall be paid by such officer or hissuch
officer's
successor
to the county treasurer, on the order of the county auditor,
except for unclaimed moneys that are for restitution payments for
crime victims.
Each such officer shall indicate each item in histhe
officer's
cashbook
and docket the disposition made thereof. Upon ceasing to be such
officer, each clerk,
probate judge, and sheriff shall immediately pay to histhe
clerk's, probate judge's, or sheriff's
successor
all money in
his handson
hand
as
such officer.
(B) All the moneys remaining unclaimed that are for restitution payments for crime victims shall be sent to the reparations fund created under section 2743.191 of the Revised Code, with a list from the clerk specifying the amounts and individual identifying information of the funds.
Sec. 2743.191. (A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes:
(a) The payment of awards of reparations that are granted by the attorney general;
(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code;
(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code;
(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general;
(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code;
(f) The costs of investigation and decision-making as certified by the attorney general;
(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code;
(h) The costs of paying the expenses of sex offense-related examinations, antibiotics, and HIV post-exposure prophylaxis pursuant to section 2907.28 of the Revised Code;
(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code;
(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code;
(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's supervision pursuant to division (E) of section 2971.05 of the Revised Code of sexually violent predators who are sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code and of offenders who are sentenced to a prison term pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) Subject to the limit set forth in those sections, the costs of the installation and monitoring of an electronic monitoring device used in the monitoring of a respondent pursuant to an electronic monitoring order issued by a court under division (E)(1)(b) of section 2151.34 or division (E)(1)(b) of section 2903.214 of the Revised Code if the court determines that the respondent is indigent or used in the monitoring of an offender pursuant to an electronic monitoring order issued under division (B)(5) of section 2919.27 of the Revised Code if the court determines that the offender is indigent.
(2) All costs paid pursuant to section 2743.70 of the Revised Code, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund.
(B) In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official:
(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available unencumbered moneys in the fund.
(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations.
(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid.
(C) The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section.
(D) If any unclaimed moneys that are in the reparations fund are not claimed within a period of five years, the attorney general shall use those moneys for the benefit of other victims of crime. The attorney general shall pay any part of the restitution award owed to a victim at any time to the person who has the right to the moneys upon proper certification from the clerk and documentation from the individual claiming such right.
(E) The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them.
(E)(F)
Interest
earned on the moneys in the fund shall be credited to the fund.
(F)(G)
As
used in this section, "DNA analysis" and "DNA
specimen" have the same meanings as in section 109.573 of the
Revised Code.
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 dollars, if the offense is a misdemeanor.
The
court shall not waive the payment of the
thirty
thirty-
or
nine
dollars
nine-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 dollars, if the act, if committed by an adult, would be a misdemeanor.
The
thirty
thirty-
or
nine
dollars
nine-dollar
court
costscost
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
or nine dollars court costs 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 dollars required to be paid by division (A)(1) of this section. The thirty or nine 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 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 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
nine-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. 2907.02. (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
(B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(1)(a) of this section substantially impairs the other person's judgment or control by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one of the definite prison terms prescribed for a felony of the first degree in division (A)(1)(b) of section 2929.14 of the Revised Code that is not less than five years, except that if the violation is committed on or after March 22, 2019, the court shall impose as the minimum prison term for the offense a mandatory prison term that is one of the minimum terms prescribed for a felony of the first degree in division (A)(1)(a) of section 2929.14 of the Revised Code that is not less than five years. Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an offender under division (A)(1)(b) of this section shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code. If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of this section, if the offender was less than sixteen years of age at the time the offender committed the violation of that division, and if the offender during or immediately after the commission of the offense did not cause serious physical harm to the victim, the victim was ten years of age or older at the time of the commission of the violation, and the offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court shall not sentence the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, and instead the court shall sentence the offender as otherwise provided in this division. If an offender under division (A)(1)(b) of this section previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of this section or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of this section, if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, or if the victim under division (A)(1)(b) of this section is less than ten years of age, in lieu of sentencing the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, except as otherwise provided in this division, the court may impose upon the offender a term of life without parole. If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the offender automatically is classified a tier III sex offender/child-victim offender, as described in that division. A court shall not impose a term of life without parole on an offender for rape if the offender was under eighteen years of age at the time of the offense.
(C) A victim need not prove physical resistance to the offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.
Sec. 2907.05. (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(C) Whoever violates this section is guilty of gross sexual imposition.
(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance, as defined in section 3719.01 of the Revised Code, to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.
(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term, as described in division (C)(3) of this section, for a felony of the third degree if either of the following applies:
(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;
(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.
(3) A mandatory prison term required under division (C)(2) of this section shall be a definite term from the range of prison terms provided in division (A)(3)(a) of section 2929.14 of the Revised Code for a felony of the third degree.
(D) A victim need not prove physical resistance to the offender in prosecutions under this section.
(E) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or sexually transmitted disease or infection, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
Sec.
2907.10. (A)(1)
A peace officer, prosecutor, or
other
public official,
defendant, defendant's attorney, alleged juvenile offender, or
alleged juvenile offender's attorney
shall
not ask or require a victim of an alleged sex offense to submit to a
polygraph examination as a condition for proceeding with the
investigation or
prosecution of
the alleged sex offense.
(2) The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.
(B) As used in this section:
(1) "Peace officer" has the same meaning as in section 2921.51 of the Revised Code.
(2) "Polygraph examination" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question an individual for the purpose of determining the individual's truthfulness.
(3) "Prosecution" means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
(4) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(5) "Public official" has the same meaning as in section 117.01 of the Revised Code.
(6) "Sex offense" means a violation of any provision of sections 2907.02 to 2907.09 of the Revised Code.
(7) "Alleged juvenile offender" has the same meaning as in section 2930.01 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, and shall sentence the offender to make restitution pursuant to this section and section 2929.281 of the Revised Code. The victim has a right not to seek restitution. Financial sanctions that either are required to be or 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
criminal
offense or
any
survivor of the
victimvictim's
estate,
in an amount based on the victim's economic loss. If
the In
open court
imposes
restitution,
the court shall order that the
full
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 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 The
victim, victim's representative, victim's attorney, if applicable,
the prosecutor or the prosecutor's designee, and the offender may
provide information relevant to the determination of the amount of
restitution. 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 imposes restitution
for the cost of accounting or auditing done to determine the extent
of economic loss, the court may order restitution for any amount of
the victim's costs of accounting or auditing provided that the amount
of restitution is reasonable and does not exceed the value of
property or services stolen or damaged as a result of the offense. If
the court decides to impose restitution, the The
court
shall hold a hearing on restitution if the offender, victim, or
survivor victim's
representative, or victim's estate disputes
the amount. The
court shall determine the amount of full restitution by a
preponderance of the evidence. 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
victim's
estate against
the offender.
If
the court imposes restitution, the 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,
victim's estate, or victim's attorney, if applicable, may
file
a motion or 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
but
shall not reduce the amount of restitution ordered, except as
provided in division (A) of section 2929.281 of the Revised Code. The
court shall not discharge restitution until it is fully paid by the
offender.
(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) Reimbursement by the offender for costs pursuant to section 2929.71 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 involving a minor, 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
victimvictim's
estate,
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.
(10) For a felony violation of division (A) of section 2921.321 of the Revised Code that results in the death of the police dog or horse that is the subject of the violation, the sentencing court shall impose upon the offender a mandatory fine from the range of fines provided under division (A)(3) of this section for a felony of the third degree. A mandatory fine imposed upon an offender under division (B)(10) of this section shall be paid to the law enforcement agency that was served by the police dog or horse that was killed in the felony violation of division (A) of section 2921.321 of the Revised Code to be used as provided in division (E)(1)(b) of that section.
(11) In addition to any other fine that is or may be imposed under this section, the court imposing sentence upon an offender for any of the following offenses that is a felony may impose a fine of not less than seventy nor more than five hundred dollars, which shall be transmitted to the treasurer of state to be credited to the address confidentiality program fund created by section 111.48 of the Revised Code:
(a) Domestic violence;
(b) Menacing by stalking;
(c) Rape;
(d) Sexual battery;
(e) Trafficking in persons;
(f) A violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code, if the offender also is convicted of 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.
(C)(1) 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.
(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 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.
(3) 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 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 a mandatory fine imposed under division (B)(10) of this section that is required under that division to be paid to a law enforcement agency is a judgment in favor of the specified 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) 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, state, or political subdivision may do any of the following:
(1) Obtain from the clerk of the court in which the judgment was entered, at no cost, 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.
(I) If the court imposes restitution, fines, fees, or incarceration costs on a business or corporation, it is the duty of the person authorized to make disbursements from the assets of the business or corporation to pay the restitution, fines, fees, or incarceration costs from those assets.
(J) If an offender is sentenced to pay restitution, a fine, fee, or incarceration costs, the clerk of the sentencing court, on request, shall make the offender's payment history available to the prosecutor, victim, victim's representative, victim's attorney, if applicable, the probation department, and the court without cost.
Sec. 2929.20. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this section, "eligible offender" means any person who, on or after April 7, 2009, is serving a stated prison term that includes one or more nonmandatory prison terms.
(b) "Eligible offender" does not include any person who, on or after April 7, 2009, is serving a stated prison term for any of the following criminal offenses that was a felony and was committed while the person held a public office in this state:
(i) A violation of section 2921.02, 2921.03, 2921.05, 2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised Code;
(ii) A violation of section 2913.42, 2921.04, 2921.11, or 2921.12 of the Revised Code, when the conduct constituting the violation was related to the duties of the offender's public office or to the offender's actions as a public official holding that public office;
(iii) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(i) of this section;
(iv) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed in division (A)(1)(b)(ii) of this section, when the conduct constituting the violation was related to the duties of the offender's public office or to the offender's actions as a public official holding that public office;
(v) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (A)(1)(b)(i) or described in division (A)(1)(b)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity in committing any offense listed in division (A)(1)(b)(ii) or described in division (A)(1)(b)(iv) of this section, if the conduct constituting the offense that was the subject of the conspiracy, that would have constituted the offense attempted, or constituting the offense in which the offender was complicit was or would have been related to the duties of the offender's public office or to the offender's actions as a public official holding that public office.
(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.
(3) "Public office" means any elected federal, state, or local government office in this state.
(4) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code.
(5) "Imminent danger of death," "medically incapacitated," and "terminal illness" have the same meanings as in section 2967.05 of the Revised Code.
(6) "Aggregated nonmandatory prison term or terms" means the aggregate of the following:
(a) All nonmandatory definite prison terms;
(b) With respect to any non-life felony indefinite prison term, all nonmandatory minimum prison terms imposed as part of the non-life felony indefinite prison term or terms.
(B) On the motion of an eligible offender or upon its own motion, the sentencing court may reduce the eligible offender's aggregated nonmandatory prison term or terms through a judicial release under this section.
(C) An eligible offender may file a motion for judicial release with the sentencing court within the following applicable periods:
(1) If the aggregated nonmandatory prison term or terms is less than two years, the eligible offender may file the motion at any time after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, at any time after the expiration of all mandatory prison terms.
(2) If the aggregated nonmandatory prison term or terms is at least two years but less than five years, the eligible offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.
(3) If the aggregated nonmandatory prison term or terms is five years, the eligible offender may file the motion not earlier than the date on which the eligible offender has served four years of the offender's stated prison term or, if the prison term includes a mandatory prison term or terms, not earlier than four years after the expiration of all mandatory prison terms.
(4) If the aggregated nonmandatory prison term or terms is more than five years but not more than ten years, the eligible offender may file the motion not earlier than the date on which the eligible offender has served five years of the offender's stated prison term or, if the prison term includes a mandatory prison term or terms, not earlier than five years after the expiration of all mandatory prison terms.
(5) If the aggregated nonmandatory prison term or terms is more than ten years, the eligible offender may file the motion not earlier than the later of the date on which the offender has served one-half of the offender's stated prison term or the date specified in division (C)(4) of this section.
(D) Upon receipt of a timely motion for judicial release filed by an eligible offender under division (C) of this section or upon the sentencing court's own motion made within the appropriate time specified in that division, the court may deny the motion without a hearing or schedule a hearing on the motion. The court shall not grant the motion without a hearing. If a court denies a motion without a hearing, the court later may consider judicial release for that eligible offender on a subsequent motion filed by that eligible offender unless the court denies the motion with prejudice. If a court denies a motion with prejudice, the court may later consider judicial release on its own motion. If a court denies a motion after a hearing, the court shall not consider a subsequent motion for that eligible offender. The court shall hold only one hearing for any eligible offender.
A hearing under this section shall be conducted in open court not less than thirty or more than sixty days after the motion is filed, provided that the court may delay the hearing for one hundred eighty additional days. If the court holds a hearing, the court shall enter a ruling on the motion within ten days after the hearing. If the court denies the motion without a hearing, the court shall enter its ruling on the motion within sixty days after the motion is filed.
(E) If a court schedules a hearing under division (D) of this section, the court shall notify the eligible offender and the head of the state correctional institution in which the eligible offender is confined prior to the hearing. The head of the state correctional institution immediately shall notify the appropriate person at the department of rehabilitation and correction of the hearing, and the department within twenty-four hours after receipt of the notice, shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(i) of that section. If the court schedules a hearing for judicial release, the court promptly shall give notice of the hearing to the prosecuting attorney of the county in which the eligible offender was indicted. Upon receipt of the notice from the court, the prosecuting attorney shall do whichever of the following is applicable:
(1)
Subject to division (E)(2) of this section, notify the victim of the
offense or
and
the
victim's representative,
if applicable,
pursuant
to division (B) of section 2930.16 of the Revised Code;
(2)
If the offense was an offense of violence that is a felony of the
first, second, or third degree, except as otherwise provided in this
division, notify the victim or
and
the
victim's representative,
if applicable,
of
the hearing regardless of whether the victim or victim's
representative has requested the notification. The notice of the
hearing shall not be given under this division to a victim or
victim's representative if the victim or victim's representative has
requested pursuant to division (B)(2) of section 2930.03 of the
Revised Code that the victim or the victim's representative not be
provided the notice. If notice is to be provided to a victim or
victim's representative under this division, the prosecuting attorney
may give the notice by any reasonable means, including regular mail,
telephone, and electronic mail, in accordance with division
(D)(1) of section 2930.16 of the Revised Code. If the notice is based
on an offense committed prior to March 22, 2013, the notice also
shall include the opt-out information described in division (D)(1) of
section 2930.16 of the Revised Code. The prosecuting attorney, in
accordance with division (D)(2) of section 2930.16 of the Revised
Code, shall keep a record of all attempts to provide the notice, and
of all notices provided, under this division. Division (E)(2) of this
section, and the notice-related provisions of division (K) of this
section, division (D)(1) of section 2930.16, division (H) of section
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (E)(2) of this section was enacted, shall be known as
"Roberta's Law."
(F) Upon an offender's successful completion of rehabilitative activities, the head of the state correctional institution may notify the sentencing court of the successful completion of the activities.
(G) Prior to the date of the hearing on a motion for judicial release under this section, the head of the state correctional institution in which the eligible offender is confined shall send to the court an institutional summary report on the eligible offender's conduct in the institution and in any institution from which the eligible offender may have been transferred. Upon the request of the prosecuting attorney of the county in which the eligible offender was indicted or of any law enforcement agency, the head of the state correctional institution, at the same time the person sends the institutional summary report to the court, also shall send a copy of the report to the requesting prosecuting attorney and law enforcement agencies. The institutional summary report shall cover the eligible offender's participation in school, vocational training, work, treatment, and other rehabilitative activities and any disciplinary action taken against the eligible offender. The report shall be made part of the record of the hearing. A presentence investigation report is not required for judicial release.
(H) If the court grants a hearing on a motion for judicial release under this section, the eligible offender shall attend the hearing if ordered to do so by the court. Upon receipt of a copy of the journal entry containing the order, the head of the state correctional institution in which the eligible offender is incarcerated shall deliver the eligible offender to the sheriff of the county in which the hearing is to be held. The sheriff shall convey the eligible offender to and from the hearing.
(I)
At the hearing on a motion for judicial release under this section,
the court shall afford the eligible offender and the eligible
offender's attorney an opportunity to present written and, if
present, oral information relevant to the motion. The court shall
afford a similar opportunity to the prosecuting attorney, the victim
or,
the
victim's representative,
the
victim's attorney, if applicable,
and
any other person the court determines is likely to present additional
relevant information. The court shall consider any oral
or written
statement
of a victim,
victim's representative, and victim's attorney, if applicable,
made
pursuant to section 2930.14 or 2930.17 of the Revised Code, any
victim impact statement prepared pursuant to section 2947.051 of the
Revised Code, and any report made under division (G) of this section.
The court may consider any written statement of any person submitted
to the court pursuant to division (L) of this section. After
ruling on the motion, the court shall notify the victim and
the victim's representative of
the ruling in accordance with sections 2930.03 and 2930.16 of the
Revised Code.
(J)(1) A court shall not grant a judicial release under this section to an eligible offender who is imprisoned for a felony of the first or second degree, or to an eligible offender who committed an offense under Chapter 2925. or 3719. of the Revised Code and for whom there was a presumption under section 2929.13 of the Revised Code in favor of a prison term, unless the court, with reference to factors under section 2929.12 of the Revised Code, finds both of the following:
(a) That a sanction other than a prison term would adequately punish the offender and protect the public from future criminal violations by the eligible offender because the applicable factors indicating a lesser likelihood of recidivism outweigh the applicable factors indicating a greater likelihood of recidivism;
(b) That a sanction other than a prison term would not demean the seriousness of the offense because factors indicating that the eligible offender's conduct in committing the offense was less serious than conduct normally constituting the offense outweigh factors indicating that the eligible offender's conduct was more serious than conduct normally constituting the offense.
(2) A court that grants a judicial release to an eligible offender under division (J)(1) of this section shall specify on the record both findings required in that division and also shall list all the factors described in that division that were presented at the hearing.
(K) If the court grants a motion for judicial release under this section, the court shall order the release of the eligible offender, shall place the eligible offender under an appropriate community control sanction, under appropriate conditions, and under the supervision of the department of probation serving the court and shall reserve the right to reimpose the sentence that it reduced if the offender violates the sanction. If the court reimposes the reduced sentence, it may do so either concurrently with, or consecutive to, any new sentence imposed upon the eligible offender as a result of the violation that is a new offense. Except as provided in division (R)(2) of this section, the period of community control shall be no longer than five years. The court, in its discretion, may reduce the period of community control by the amount of time the eligible offender spent in jail or prison for the offense and in prison. If the court made any findings pursuant to division (J)(1) of this section, the court shall serve a copy of the findings upon counsel for the parties within fifteen days after the date on which the court grants the motion for judicial release.
If
the court grants a motion for judicial release, the court shall
notify the appropriate person at the department of rehabilitation and
correction, and the department shall post notice of the release on
the database it maintains pursuant to section 5120.66 of the Revised
Code. The court also shall notify the prosecuting attorney of the
county in which the eligible offender was indicted that the motion
has been granted. Unless the victim or the victim's representative
has requested pursuant to division (B)(2) of section 2930.03 of the
Revised Code that the victim or victim's representative not be
provided the notice, the prosecuting attorney shall notify the victim
or
and
the
victim's representative,
if applicable,
of
the judicial release
in any manner, and in accordance with the same procedures, pursuant
to which the prosecuting attorney is authorized to provide notice of
the hearing pursuant to division (E)(2) of this section. If the
notice is based on an offense committed prior to March 22, 2013, the
notice to the victim or victim's representative also shall include
the opt-out information described in division (D)(1) of section
2930.16 of the Revised Code.
(L)
In addition to and independent of the right of a victim to make a
statement pursuant to section 2930.14, 2930.17, or 2946.051 of the
Revised Code and any right of a person to present written information
or make a statement pursuant to division (I) of this section, any
person may submit to the court, at any time prior to the hearing on
the offender's motion for judicial release, a written statement
concerning the effects of the offender's
crime
or crimes
criminal
offense,
the circumstances surrounding the
crime
or crimes
criminal
offense,
the manner in which the crime
or crimes were criminal
offense was perpetrated,
and the person's opinion as to whether the offender should be
released.
(M) The changes to this section that are made on September 30, 2011, apply to any judicial release decision made on or after September 30, 2011, for any eligible offender.
(N) Notwithstanding the eligibility requirements specified in division (A) of this section and the filing time frames specified in division (C) of this section and notwithstanding the findings required under division (J) of this section, the sentencing court, upon the court's own motion and after considering whether the release of the offender into society would create undue risk to public safety, may grant a judicial release to an offender who is not serving a life sentence at any time during the offender's imposed sentence when the director of rehabilitation and correction certifies to the sentencing court through the chief medical officer for the department of rehabilitation and correction that the offender is in imminent danger of death, is medically incapacitated, or is suffering from a terminal illness.
(O) The director of rehabilitation and correction shall not certify any offender under division (N) of this section who is serving a death sentence.
(P) A motion made by the court under division (N) of this section is subject to the notice, hearing, and other procedural requirements specified in divisions (D), (E), (G), (H), (I), (K), and (L) of this section, except for the following:
(1) The court may waive the offender's appearance at any hearing scheduled by the court if the offender's condition makes it impossible for the offender to participate meaningfully in the proceeding.
(2)
The court may grant the motion without a hearing, provided that the
prosecuting attorney
and,
victim
or,
and victim's
representative,
if applicable,
to
whom notice of the hearing was provided under division (E) of this
section indicate that they do not wish to participate in the hearing
or present information relevant to the motion.
(Q) The court may request health care records from the department of rehabilitation and correction to verify the certification made under division (N) of this section.
(R)(1) If the court grants judicial release under division (N) of this section, the court shall do all of the following:
(a) Order the release of the offender;
(b) Place the offender under an appropriate community control sanction, under appropriate conditions;
(c) Place the offender under the supervision of the department of probation serving the court or under the supervision of the adult parole authority.
(2) The court, in its discretion, may revoke the judicial release if the offender violates the community control sanction described in division (R)(1) of this section. The period of that community control is not subject to the five-year limitation described in division (K) of this section and shall not expire earlier than the date on which all of the offender's mandatory prison terms expire.
(S)
If the health of an offender who is released under division (N) of
this section improves so that the offender is no longer terminally
ill, medically incapacitated, or in imminent danger of death, the
court shall, upon the court's own motion, revoke the judicial
release. The court shall not grant the motion without a hearing
unless the offender waives a hearing. If a hearing is held, the court
shall afford the offender and the offender's attorney an opportunity
to present written and, if the offender or the offender's attorney is
present, oral information relevant to the motion. The court shall
afford a similar opportunity to the prosecuting attorney, the victim
or,
the
victim's representative,
the
victim's attorney, if applicable,
and
any other person the court determines is likely to present additional
relevant information. A court that grants a motion under this
division shall specify its findings on the record.
Sec. 2929.22. (A) Unless a mandatory jail term is required to be imposed by division (G) of section 1547.99, division (B) of section 4510.14, division (G) of section 4511.19 of the Revised Code, or any other provision of the Revised Code a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.
Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of sections 2929.23 to 2929.28 of the Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
(B)(1) In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:
(a) The nature and circumstances of the offense or offenses;
(b) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender's character and condition reveal a substantial risk that the offender will commit another offense;
(c) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender's history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender's conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;
(d) Whether the victim's youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;
(e) Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (B)(1)(b) and (c) of this section;
(f) Whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses;
(g) The offender's military service record.
(2) In determining the appropriate sentence for a misdemeanor, in addition to complying with division (B)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.
(C)
Before imposing a jail term as a sentence for a misdemeanor, a court
shall consider the appropriateness of imposing a community control
sanction or a combination of community control sanctions under
sections 2929.25, 2929.26, 2929.27, and 2929.28 of the Revised Code.
A court may impose the longest jail term authorized under section
2929.24 of the Revised Code only upon offenders who commit the worst
forms of the
offense or upon offenders whose conduct and response to prior
sanctions for prior offenses demonstrate that the imposition of the
longest jail term is necessary to deter the offender from committing
a future
crime
criminal
offense.
(D)(1)
A sentencing court shall consider any relevant oral or
and
written
statement made by the victim, the
victim's representative, the victim's attorney, if applicable,
the
defendant, the defense attorney, or
and
the
prosecuting authority regarding sentencing for a misdemeanor. This
division does not create any rights to notice other than those rights
authorized by Chapter 2930. of the Revised Code.
(2) At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code.
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 and, if the offender is being sentenced for a criminal offense as defined in section 2930.01 of the Revised Code, shall sentence the offender to make restitution pursuant to this section and section 2929.281 of the Revised Code. If the court, in its discretion or as required by this section, 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
victimvictim's
estate,
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 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 The
victim, victim's representative, victim's attorney, if applicable,
the prosecutor or the prosecutor's designee, and the offender may
provide information relevant to the determination of the amount of
restitution. 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 imposes restitution
for the cost of accounting or auditing done to determine the extent
of economic loss, the court may order restitution for any amount of
the victim's costs of accounting or auditing provided that the amount
of restitution is reasonable and does not exceed the value of
property or services stolen or damaged as a result of the
offense. If the court decides to or
is required to impose
restitution, the court shall hold an evidentiary hearing on
restitution if the offender, victim, or
survivor victim's
representative, victim's attorney, if applicable, or victim's estate
disputes
the amount of restitution. If
the The
court
holds
an evidentiary hearing, at the hearing the victim or survivor has the
burden to prove shall
determine the amount of full restitution 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
victim's
estate 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 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,
victim's attorney, if applicable, or the attorney for the victim's
estate 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
but
shall not reduce the amount of restitution ordered, except as
provided in division (A) of section 2929.281 of the Revised Code.
(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 and the costs of global positioning system device monitoring;
(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.
(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) In addition to any other fine that is or may be imposed under this section, the court imposing sentence upon an offender for misdemeanor domestic violence or menacing by stalking may impose a fine of not less than seventy nor more than five hundred dollars, which shall be transmitted to the treasurer of state to be credited to the address confidentiality program fund created by section 111.48 of the Revised Code.
(E) 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 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 (E)(1) of this section, through execution as described in division (E)(2) of this section, or through an order as described in division (E)(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, state, or political subdivision may do any of the following:
(1) Obtain from the clerk of the court in which the judgment was entered, at no charge, 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
(E)(1)
(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.
(F) The civil remedies authorized under division (E) of this section for the collection of the financial sanction supplement, but do not preclude, enforcement of the criminal sentence.
(G) 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.
(H) No financial sanction imposed under this section shall preclude a victim from bringing a civil action against the offender.
(I) If the court imposes restitution, fines, fees, or incarceration costs on a business or corporation, it is the duty of the person authorized to make disbursements from assets of the business or corporation to pay the restitution, fines, fees, or incarceration costs from those assets.
(J) If an offender is sentenced to pay restitution, a fine, fee, or incarceration costs, the clerk of the sentencing court, on request, shall make the offender's payment history available to the victim, victim's representative, victim's attorney, if applicable, the prosecutor, the probation department, and the court without cost.
Sec. 2929.281. (A) In determining the amount of restitution at the time of sentencing under this section, the court shall order full restitution for any expenses related to a victim's economic loss due to the criminal offense. The amount of restitution shall be reduced by any payments to the victim for economic loss made or due under a policy of insurance or governmental program.
Economic loss includes, but is not limited to, the following:
(1) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of the property or the actual cost of repairing the property when repair is possible.
(2) Medical expenses;
(3) Mental health counseling expenses;
(4) Wages or profits lost due to injury or harm to the victim as determined by the court. Lost wages include commission income as well as base wages. Commission income shall be established by evidence of commission income during the twelve-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(5) Expenses related to making a vehicle or residence accessible to the victim if the victim is partially permanently disabled or totally permanently disabled as a direct result of the crime.
(B) The court may require the execution of a satisfactory performance bond or take other action permitted by law to ensure payment of restitution.
(C) Upon notification by the court, money owed by the state or by a political subdivision of the state to an offender who is required to make restitution under this section, including any tax refund owed to the offender, shall be assigned to the discharge of the offender's outstanding restitution obligation, subject to any superseding federal statutes or regulations, including court-ordered support obligations.
(D) If an offender is required to make restitution under this section in the form of monetary payments to more than one victim, the offender shall make the payments to the victims in the following order of priority:
(1) Individuals;
(2) Nonprofit organizations;
(3) Business entities;
(4) Governmental entities.
(E) A court that imposes restitution on an offender as part of the offender's sentence under this section shall not suspend that part of the offender's sentence if the victim or the victim's attorney, if applicable, objects to the suspension of the restitution part of the sentence.
(F) Pursuant to division (D) of section 2929.18 and division (E) of section 2929.28 of the Revised Code, a court order for restitution imposed under this section may be reduced to a certificate of judgment in favor of the victim. If the order is reduced to such a judgment, the person required to pay the restitution under the order is the judgment debtor.
(G) The supreme court shall create a standardized form to be made publicly available that provides guidance for victims and victims' representatives regarding the compilation of evidence to demonstrate losses for the purpose of this section.
(H) On the request of the victim, if a judge determines that, under the circumstances, it is appropriate and the victim has not been coerced, a victim may accept a settlement that is less than the full restitution order.
Sec. 2930.01. As used in this chapter, unless otherwise defined in any section in this chapter:
(A)
"CrimeCriminal
offense"
means
any
of the following:
(1)
A felony;
(2)
A violation of section 2903.05, 2903.06, 2903.13, 2903.21, 2903.211,
2903.22, 2907.06, 2919.25, or 2921.04 of the Revised Code, a
violation of section 2903.07 of the Revised Code as it existed prior
to March 23, 2000, or a violation of a substantially equivalent
municipal ordinance;
(3)
A violation of division (A) or (B) of section 4511.19, division (A)
or (B) of section 1547.11, or division (A)(3) of section 4561.15 of
the Revised Code or of a municipal ordinance substantially similar to
any of those divisions that is the proximate cause of a vehicle,
streetcar, trackless trolley, aquatic device, or aircraft accident in
which the victim receives injuries for which the victim receives
medical treatment either at the scene of the accident by emergency
medical services personnel or at a hospital, ambulatory care
facility, physician's office, specialist's office, or other medical
care facility.
(4)
A motor vehicle accident to which both of the following apply:
(a)
The motor vehicle accident is caused by a violation of a provision of
the Revised Code that is a misdemeanor of the first degree or higher.
(b)
As a result of the motor vehicle accident, the victim receives
injuries for which the victim receives medical treatment either at
the scene of the accident by emergency medical services personnel or
at a hospital, ambulatory care facility, physician's office,
specialist's office, or other medical care facility
an
alleged act or omission committed by a person that is punishable by
incarceration and is not eligible to be disposed of by the traffic
violations bureau.
(B) "Custodial agency" means one of the following:
(1)
The entity that has custody of a defendant or an alleged juvenile
offender who is incarcerated for a
crime
criminal
offense,
is under detention for the commission of a specified
delinquent
act, or who is detained after a finding of incompetence
to stand trial or not guilty by reason of insanity relative to a
crime
criminal
offense,
including any of the following:
(a) The department of rehabilitation and correction or the adult parole authority;
(b) A county sheriff;
(c) The entity that administers a jail, as defined in section 2929.01 of the Revised Code;
(d) The entity that administers a community-based correctional facility and program or a district community-based correctional facility and program;
(e) The department of mental health and addiction services or other entity to which a defendant found incompetent to stand trial or not guilty by reason of insanity is committed.
(2) The entity that has custody of an alleged juvenile offender pursuant to an order of disposition of a juvenile court, including the department of youth services or a school, camp, institution, or other facility operated for the care of delinquent children.
(C)
"Defendant" means a person who is alleged to be the
perpetrator of a crime
in a police report or criminal
offense in
a complaint, indictment, or information that charges the commission
of a crime
criminal
offense and
that provides the basis for the criminal prosecution and subsequent
proceedings to which this chapter makes reference.
(D)
"Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, or other
relative of a victim but does not include a person who is charged
with, convicted of, or adjudicated to be a delinquent child for the
crime
criminal
offense or
specified
delinquent
act against the victim or another crime
criminal
offense or
specified
delinquent
act arising from the same conduct, criminal episode, or plan.
(E) "Prosecutor" means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935.01 of the Revised Code and also includes the attorney general and, when appropriate, the employees of any person listed in section 2935.01 of the Revised Code or of the attorney general.
(2) With respect to a delinquency proceeding, it includes any person listed in division (C) of section 2935.01 of the Revised Code or an employee of a person listed in that division who prosecutes a delinquency proceeding.
(F) "Public agency" means an office, agency, department, bureau, or other governmental entity of the state or of a political subdivision of the state.
(G) "Public official" has the same meaning as in section 2921.01 of the Revised Code.
(H)
"Victim"
means
either of the following:
(1)
A person who is identified as the victim of a crime or specified
delinquent act in a police report or in a complaint, indictment, or
information that charges the commission of a crime and that provides
the basis for the criminal prosecution or delinquency proceeding and
subsequent proceedings to which this chapter makes reference.
(2)
A person who receives injuries as a result of a vehicle,
streetcar, trackless trolley, aquatic device, or aircraft accident
that is proximately caused by a violation described in division
(A)(3) of this section or a motor vehicle accident that is
proximately caused by a violation described in division (A)(4) of
this section and who receives medical treatment as described in
division (A)(3) or (4) of this section, whichever is applicable
has
the same meaning as in Section 10a of Article I of the Ohio
Constitution.
(I) "Victim's representative" means a member of the victim's family or another person who pursuant to the authority of section 2930.02 of the Revised Code exercises the rights of a victim under this chapter.
(J) "Court" means a court of common pleas, juvenile court, municipal court, or county court.
(K) "Delinquency proceeding" means all proceedings in a juvenile court that are related to a case in which a complaint has been filed alleging that a child is a delinquent child.
(L) "Case" means a delinquency proceeding and all related activity or a criminal prosecution and all related activity.
(M) The "defense" means the defense against criminal charges in a criminal prosecution or the defense against a delinquent child complaint in a delinquency proceeding.
(N) The "prosecution" means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.
(O)
"Specified
delinquent Delinquent
act"
means any
of the following:
(1)
An an
alleged
act
committed by a child
that
if committed
by an adult would be a felony;
(2)
An act committed by a child that is a violation of a section listed
in division (A)(1) or (2) of this section or is a violation of a
substantially equivalent municipal ordinance;
(3)
An act committed by a child that is described in division (A)(3) or
(4) of this section,
regardless of whether the child is competent, that does any of the
following and is not disposed of by the juvenile traffic violations
bureau serving the court under Traffic Rule 13.1:
(1) Violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;
(3) Violates any lawful order of the court made under Chapter 2151. of the Revised Code other than an order issued under section 2151.87 of the Revised Code;
(4) Violates division (C) of section 2907.39, division (A) of section 2923.211, or division (C)(1) or (D) of section 2925.55 of the Revised Code.
(P)(1)
"Alleged juvenile offender" means a child who is alleged to
have committed a specified
delinquent
act in a police report or in a complaint in juvenile court that
charges the commission of a specified
delinquent
act and that provides the basis for the delinquency proceeding and
all subsequent proceedings to which this chapter makes reference.
(2) As used in divisions (O) and (P)(1) of this section, "child" has the same meaning as in section 2151.011 of the Revised Code.
(Q) "Motor vehicle accident" means any accident involving a motor vehicle.
(R) "Motor vehicle" has the same meaning as in section 4509.01 of the Revised Code.
(S) "Aircraft" has the same meaning as in section 4561.01 of the Revised Code.
(T) "Aquatic device" means any vessel, or any water skis, aquaplane, or similar device.
(U) "Vehicle," "streetcar," and "trackless trolley" have the same meanings as in section 4511.01 of the Revised Code.
(V) "Vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident" means any accident involving a vehicle, streetcar, trackless trolley, aquatic device, or aircraft.
(W) "Vessel" has the same meaning as in section 1546.01 of the Revised Code.
(X) "Victim advocate" means a person employed or authorized by a public or private entity who provides support and assistance for a victim of a criminal offense or delinquent act in relation to criminal, civil, administrative, and delinquency cases or proceedings and recovery efforts related to the criminal offense or delinquent act.
(Y) "Victim's attorney" means an attorney retained by the victim for the purpose of asserting the victim's constitutional and statutory rights.
(Z) "Prosecutor's designee" means any person or entity designated by the prosecuting attorney but does not include a court or court employee.
(AA) "Suspect" means a person who is alleged to be the perpetrator of a criminal offense.
Sec. 2930.011. Nothing in this chapter shall prevent a victim or the victim's other lawful representative from asserting the rights enumerated in Ohio Constitution, Article I, Section 10a.
Sec.
2930.02. (A)
If
Any
of the following persons may, subject to the prohibition on the
unauthorized practice of law under section 4705.07 of the Revised
Code, exercise the rights of a victim under this chapter as the
victim's representative:
(1) Any person designated by the victim;
(2)
A member of the victim's family or a victim advocate designated as
the victim's representative to exercise the rights of a victim under
this chapter as the victim's representative if a
victim is a minor or is incapacitated, incompetent, or deceased,
or if the victim chooses to designate another person, a member of a
victim's family or another person may exercise the rights of the
victim under this chapter as the victim's representative,
subject to division (D) of this section;
(3) If the case involves a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05, or 2903.06 of the Revised Code, a member of the deceased victim's family, a victim advocate, or another person designated by one or more members of the deceased victim's family.
(B) If the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a court appointed special advocate, a guardian ad litem, or a victim advocate to act as a victim's representative instead of the previously appointed victim's representative.
(C) If more than one person seeks to act as the victim's representative for a particular victim, the court that has jurisdiction over the criminal matter or the court in which the criminal prosecution or delinquency proceeding is held shall designate one of those persons as the victim's representative. If a victim does not want to have anyone act as the victim's representative, the court shall order that only the victim may exercise the rights of a victim under this chapter.
(B)
(D)
If
pursuant to division (A) of this section a victim's representative is
to exercise the rights of a victim, the victim or
victim's representative shall
notify
law
enforcement and
the
prosecutor,
or,
if it is a delinquency proceeding and a prosecutor is not involved in
the case, shall notify the court that the victim's representative is
to act for the victim. When a victim or
victim's representative has
so notified law
enforcement and the
prosecutor,
or
the court, all notice
notices
under
this chapter shall be sent only
to
the victim
and the victim's
representative, all rights under this chapter shall be granted only
to
the victim
and the victim's
representative,
and all references in this chapter to a victim,
except the references to a victim in section 2930.071 of the Revised
Code,
shall
be interpreted as being references to the victim
and the victim's
representative unless the victim informs the notifying authority that
the victim also
wishes does
not wish to
receive the notices or exercise the rights. If
division (B) of section 2930.03 of the Revised Code requires a victim
to make a request in order to receive any notice of a type described
in this division and if a victim's representative is to exercise the
rights of the victim, the victim's representative shall make the
request
(E) A suspect, defendant, offender, alleged juvenile offender, or delinquent child may not act as a victim's representative relative to the criminal offense or delinquent act involving the victim.
(F) In any post-conviction proceeding or in regards to any post-conviction relief, if the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a court appointed special advocate, a guardian ad litem, or a victim advocate to act as a victim's representative instead of the previously appointed victim's representative.
Sec. 2930.03. (A) A person or entity required or authorized under this chapter to give notice to a victim shall give the notice to the victim by any means reasonably calculated to provide prompt actual notice. Except when a provision requires that notice is to be given in a specific manner, a notice may be oral or written.
(B)(1)
Except for receipt of the initial information and notice required to
be given to a victim under divisions (A) and (B)
(C)
of
section 2930.04, section 2930.05, and divisions (A) and (B)
(C)
of
section 2930.06 of the Revised Code and the notice required to be
given to a victim under division (D) of section 2930.16 of the
Revised Code, a victim who wishes to receive any notice authorized by
this chapter shall make a request for the notice to the prosecutor or
the custodial agency that is to provide the notice, as specified in
this chapter. If the victim does not make a request as described in
this division, the prosecutor or custodial agency is not required to
provide any notice described in this chapter other than the initial
information and notice required to be given to a victim under
divisions (A) and (B)
(C)
of
section 2930.04, section 2930.05, and divisions (A) and (B)
(C)
of
section 2930.06 of the Revised Code and the notice required to be
given to a victim under division (D) of section 2930.16 of the
Revised Code.
(2) A victim who does not wish to receive any of the notices required to be given to a victim under division (E)(2) or (K) of section 2929.20, division (D) of section 2930.16, division (H) of section 2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28, or division (A)(2) of section 5149.101 of the Revised Code shall make a request to the prosecutor or custodial agency that is to provide the particular notice that the notice not be provided to the victim. Unless the victim makes a request as described in this division, the prosecutor or custodial agency shall provide the notices required to be given to a victim under division (E)(2) or (K) of section 2929.20, division (D) of section 2930.16, division (H) of section 2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28, or division (A)(2) of section 5149.101 of the Revised Code in any manner, and in accordance with the procedures, specified in the particular division. This division also applies to a victim's representative or a member of a victim's immediate family that is authorized to receive any of the notices specified in this division.
(C) A person or agency that is required to furnish notice under this chapter shall give the notice to the victim at the address or telephone number provided to the person or agency by the victim. A victim who requests to receive notice under this chapter as described in division (B) of this section shall inform the person or agency of the name, address, or telephone number of the victim and of any change to that information.
(D) A person or agency that has furnished information to a victim in accordance with any requirement or authorization under this chapter shall notify the victim promptly of any significant changes to that information.
(E) Divisions (A) to (D) of this section do not apply regarding a notice that a prosecutor is required to provide under section 2930.061 of the Revised Code. A prosecutor required to provide notice under that section shall provide the notice as specified in that section.
Sec.
2930.04. (A)
The
supreme court shall create the victim's
rights request form, which shall include the information specified in
division (B) of this section or a similar form that, at a minimum,
contains all the required information listed in division (B) of this
section. The supreme court shall make the form available to all
sheriffs, marshals, municipal corporation and township police
departments, constables, and other law enforcement agencies, to all
prosecuting attorneys, city directors of law, village solicitors, and
other similar chief legal officers of municipal corporations, and to
organizations that represent or provide services for victims of
crime.After
(B)(1)
On its
initial contact with a victim of a
crime
criminal
offense or delinquent act,
the law enforcement agency responsible for investigating the crime
criminal
offense or delinquent act promptly
shall give
to provide
the
victim,
in writing,
with
a victim's rights request form or a similar form that,
at
a minimum, contains the required information listed in this division
and division (B)(2) of this section. The form shall do all
of the following
information:
(1)
An explanation of the victim's rights under this chapter(a)
Inform victims of rights that are automatically granted;
(2)
Information about medical, counseling, housing, emergency, and any
other services that are available to a victim(b)
Of the rights that are not automatically granted, allow the victim
and victim's representative, if applicable, to select which rights
the victim wishes to request;
(3)
Information about compensation for victims under the reparations
program in sections 2743.51 to 2743.72 of the Revised Code and the
name, street address, and telephone number of
the agency to contact to apply for an award of reparations under
those sections;
(4)
Information about protection that is available to the victim,
including protective orders issued by a court(c)
Inform victims that an election of rights made on the form can be
changed at any time;
(d) Include a section for law enforcement to indicate that the victim did not make an election or was unable to complete the form at the time of first contact with law enforcement, if applicable, and is therefore considered to have requested all rights until the prosecutor contacts the victim pursuant to section 2930.06 of the Revised Code to provide another opportunity to request any right that is not automatically conferred by the Ohio Constitution;
(e) Inform the victim and victim's representative that failure to affirmatively request the rights that are not automatically granted is a waiver of those rights once contacted by the prosecutor, but that the victim or victim's representative may request those rights at a later date;
(f) Provide a method for the victim to designate a victim's representative if the victim chooses;
(g) Include a section where the victim or victim's representative shall indicate whether the victim was a victim against whom the criminal offense or delinquent act was committed or the victim was directly or proximately harmed by the commission of the criminal offense or delinquent act;
(h) Include a section where the victim or victim's representative shall indicate that a law enforcement official or the prosecutor provided the form to the victim;
(i) Include the address, telephone number, and electronic mail address, if available, for the victim and victim's representative, if applicable;
(j) Include the contact information or address for the law enforcement official, incident report number, badge number of the law enforcement officer, case number, and arraignment date, time and location, if known;
(k) Include signature lines for acknowledgment by the applicable law enforcement officer or agency, prosecutor, or custodial agent or agency, and victim and victim's representative;
(l) Advise victims of the right to counsel and refer the victim to the attorney general information card and victim's rights handbook online or in print, including telephone and web site information for obtaining a copy if not provided by law enforcement officials;
(m) Inform victims of the responsibility to keep contact information current with the applicable law enforcement official;
(n) Provide a section for prosecutors to inform the custodial agency of the victim's and victim's representative's, if applicable, name and identifying information. The custodial agency shall notify the victim and victim's representative, if applicable, of the victim's post-conviction rights and provide post-conviction information;
(o) Contain a statement that the victim's identifying information on the form is not a public record under section 149.43 of the Revised Code.
(B)
(2)
As part of the victim's rights request form, the law
enforcement official shall provide an informational page to the
victim that includes information about the following:
(a) The fact that some rights are automatic and some rights are upon request;
(b) Appointing a victim representative;
(c) The importance of the arraignment process for victim's rights;
(d) The right to refuse interview, deposition and discovery requests from the defendant;
(e) The potential availability of protection orders;
(f) Victims' compensation and restitution, and the importance of preserving documentation during the criminal justice process for purposes of obtaining compensation or restitution;
(g) Privacy for victim addresses through the address confidentiality program established by section 111.42 of the Revised Code, including the web site address and contact telephone number for the program;
(h) Tracking incarcerated offenders through the victim information and notification everyday program, including the web site address to register for text message or electronic mail notices of offender release.
(C)(1) The portion on the completed victim's rights request form that contains a victim's name and identifying information is not a public record under section 149.43 of the Revised Code.
(2) On documents filed with the court, the victim's name and identifying information shall be filed separately on a page that is not a public record under section 149.43 of the Revised Code so that the identity of the victim or victims remains confidential.
As
soon as practicable after
(D)
At the time of
its
initial contact with a victim of a
crime
criminal
offense or delinquent act,
or
as soon as practicable following the initial contact, the
law enforcement agency responsible for investigating the crime
criminal
offense or delinquent act shall
give
to provide
the
victim,
in writing,
all
of the following information:
(1)
The
business telephone number of the law enforcement officer assigned to
investigate the case;
(2)
The office address and business telephone number of the prosecutor in
the case;
(3)
A statement that, if the victim is not notified of the arrest of the
offender in the case within a reasonable period of time, the victim
may contact the law enforcement agency to learn the status of the
case
The
victim's rights under this section and the victim's bill of rights
under Ohio Constitution, Article I, Section 10a, including the right
to exercise those rights through counsel;
(2) The availability of crisis intervention services, housing, and emergency and medical services, or contact information for statewide organizations that can direct victims to local resources;
(3) When applicable, the procedures and resources available for the protection of the victim, including protection orders issued by the courts;
(4) Information about public and private victim services programs, including, but not limited to, the crime victims compensation program and emergency shelter programs, or, if local information is not available, contact information for statewide organizations that can direct a victim to these types of resources;
(5) The police report number, if applicable, business telephone number of the law enforcement agency investigating the victim's case, and the office address and business telephone number of the prosecutor in the victim's case, when available.
(C)
(E)
The law enforcement officer responsible for providing information
under this section shall use reasonable efforts to identify the
victim. At a minimum, this information should be disseminated to the
individual or individuals identified in the police report as victims.
If the law enforcement officer generates a report, the law
enforcement agency shall collect and retain an executed copy of the
victim's rights request form or a form that, at a minimum, contains
the required information listed in division (B) of this section. If
at the time of contact with a law enforcement agency the victim does
not complete the form or request the victim's applicable rights, the
law enforcement agency shall designate this on the form. The victim's
refusal to request or waive the victim's applicable rights shall be
considered an assertion of the victim's rights until the prosecutor
contacts the victim within seven days of initiation of a criminal
prosecution pursuant to section 2930.06 of the Revised Code to
provide another opportunity to request any right that is not
automatically conferred under the Ohio Constitution.
(F) If a suspect is arrested, the law enforcement agency shall submit an executed copy of the victim's rights request form to the custodial agency as soon as practicable once the law enforcement agency learns of the suspect's arrest.
(G) On the filing of charges or a complaint, the law enforcement agency shall submit an executed copy of that form to the prosecutor and to the court. The prosecutor shall review the victim's rights request form with the victim or victim's representative and obtain signatures from the victim and victim's representative, if applicable, if the form was not previously completed with law enforcement and shall file the form with the court within seven days after initiation of a criminal prosecution.
(H) If a suspect is cited and released, the law enforcement agency responsible for investigating the offense shall inform the victim and the victim's representative, if applicable, of the court date, if known, and how to obtain additional information from the clerk of the court about the arraignment or initial appearance.
(I) To the extent that the information required by this section is provided in the victim's rights request form created under this section and the pamphlet prepared pursuant to section 109.42 of the Revised Code or in the information card or other material prepared pursuant to section 2743.71 of the Revised Code, the law enforcement agency may fulfill that portion of its obligations under this section by giving that form, pamphlet, information card, or other material to the victim.
(J)(1) Once completed, the law enforcement agency shall provide the victim's rights request form with the information of the victim or victims to the prosecutor with the complaint and affidavit and provide it to the court at the time of criminal case filing.
(2) If the form containing the information of the victim or victims as described in division (B) of this section is not completed and sent to the prosecutor prior to the first interaction between the prosecutor and the victim or victims, then the prosecutor shall complete the form during the prosecutor's first interaction with the victim.
(3) A victim may elect not to receive the notifications described in division (B)(1) of this section, in which case the prosecutor shall document that refusal. Once the prosecutor has met with the victim, the prosecutor shall file the completed or updated victim's rights request form with the court.
(4) If a defendant is convicted and sentenced to the department of rehabilitation and correction or the department of youth services, the court shall ask the victim, if present, or the prosecutor if the victim wishes to update the victim's contact information and shall inform the victim that it is the victim's duty to notify the department of rehabilitation and correction or department of youth services of any change in address or contact information.
(K)(1) A person, who by reason of that person's regular business activities, is the subject of multiple and continuing criminal offenses or delinquent acts as a potential victim, may opt out of notices and rights available pursuant to the Ohio Constitution, Chapter 2930. of the Revised Code, and other laws providing victims with rights for future offenses by giving a written notification form to the appropriate prosecutor or the prosecutor's designee.
(2) The form shall include the name and address of the person's business and the period of time that the person wishes to opt out of receiving the notices and rights available. The form may also state that the person is only interested in the notices described in this section if restitution is at issue. It shall be signed by the person or another person with management authority over the business.
Sec. 2930.041. (A) Pursuant to the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, as amended, a victim with a disability has the right to a qualified or certified interpreter at all court proceedings, all meetings with the prosecutor, and all investigative contacts with law enforcement, the probation department, the department of rehabilitation and correction, and the department of youth services, at no cost to the victim and paid for by the court.
(B) A victim who is non-English speaking or has limited English proficiency has the right to a qualified or certified interpreter at all court proceedings, all meetings with the prosecutor, and all investigative contacts with law enforcement, the probation department, the department of rehabilitation and correction, and the department of youth services, at no cost to the victim and paid for by the court.
(C) The victim's right to a qualified or certified interpreter under division (B) of this section is subject to availability but is not subject to the cost of retaining a qualified or certified interpreter. Any agency described in division (B) of this section that is unable to provide a victim with a qualified or certified interpreter as required by division (B) of this section shall maintain records of the agency's attempt to comply with this requirement.
(D) As used in this section, "qualified interpreter" has the same meaning as in the "Americans with Disabilities Act of 1990," 42 U.S.C. 12101, as amended.
Sec. 2930.042. In all inactive cases involving one or more criminal offenses or delinquent acts for which the statute of limitations is longer than three years, the law enforcement agency investigating the criminal offense or delinquent act shall provide the victim and victim's representative, if applicable, with notice as to whether an inactive case is reopened or closed, unless the victim has waived the right to notifications.
Sec. 2930.043. A victim shall not be required to pay for a copy of any public records related to the victim's case.
Sec. 2930.044. A person who has not previously been identified as a victim by law enforcement, including a person claiming to be directly or proximately harmed as a result of the criminal offense or delinquent act, shall affirmatively identify the person's self to law enforcement, the prosecutor, and the courts in order to receive the information and exercise the rights described in this chapter.
Sec.
2930.05. (A)
Within a reasonable period of time after the arrest or detention of a
defendant or an alleged juvenile offender for a
crime the
underlying criminal offense or
specified
delinquent
act, the law enforcement agency that investigates the crime
criminal
offense or
specified
delinquent
act shall give the victim of
the crime or specified delinquent act and
the victim's representative
notice
of all of the following:
(1) The arrest or detention once the investigating law enforcement agency has knowledge of the arrest or detention;
(2) The name of the defendant or alleged juvenile offender once the investigating law enforcement agency has knowledge of the name of the defendant or alleged juvenile offender;
(3)
Whether
That
the
defendant or alleged juvenile offender is
may
be eligible
for pretrial release or for release from detention;
(4) The telephone number of the law enforcement agency;
(5) The victim's and the victim's representative's right, if applicable, to telephone the custodial agency to ascertain whether the defendant or alleged juvenile offender has been released from custody or from detention;
(6) That, on request of the victim or the victim's representative, the prosecutor or the prosecutor's designee shall provide the victim and the victim's representative, if applicable, with a copy of the terms and conditions of bond;
(7) Procedures for obtaining additional information from the clerk of the court about the time, place, and date of the arraignment or initial appearance of the defendant or alleged juvenile offender;
(8) If the defendant or alleged juvenile offender is arrested or detained by another law enforcement agency, the applicable pick-up radius and whether the investigating law enforcement agency will pick up the defendant or alleged juvenile offender, once the investigating law enforcement agency has knowledge of the defendant's or alleged juvenile offender's arrest or detention.
(B)(B)(1)
If
a defendant or alleged juvenile offender has been released from
custody on a bond or personal recognizance or has been released from
detention and the prosecutor in the case has
received the affidavit of a victim stating that the defendant or
alleged juvenile offender, or someone acting at the defendant's or
alleged juvenile offender's direction, has committed or threatened to
commit one or more acts of violence,
harassment,
or
intimidation against the victim, the victim's family, or the victim's
representative, the prosecutor may file a motion asking the court to
reconsider the conditions of the bond or personal recognizance
granted to the defendant or alleged juvenile offender or to consider
returning the defendant or alleged juvenile offender to detention.
(2) If the prosecutor elects not to file a motion under division (B)(1) of this section, the prosecutor or the prosecutor's designee shall inform the victim as soon as practicable that the victim or the victim's attorney may file a petition asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant or alleged juvenile offender.
Sec. 2930.051. A custodial agency shall notify the investigating law enforcement agency of the incarceration of a defendant or detention of an alleged juvenile offender once the investigating law enforcement agency is known to the custodial agency.
Sec.
2930.06. (A)(A)(1)
The
prosecutor in a case
or
the prosecutor's designee,
to the extent practicable, shall,
on the victim's request,
confer
with the victim in
the case before and
the victim's representative, if applicable, at each of the following
stages:
(a)
Before
pretrial
diversion is granted to the defendant or alleged juvenile offender in
the case,
before;
(b)
Before amending
or dismissing an indictment, information, or complaint against that
defendant or alleged juvenile offender, before
unless
the amendment to the indictment, information, or complaint is a
correction of a procedural defect that is not substantive in nature;
(c)
Before agreeing
to a negotiated plea for that defendant or alleged juvenile offender,
before;
(d)
Before a
trial of that defendant by judge or jury,
or before;
(e) Before the juvenile court conducts an adjudicatory hearing for that alleged juvenile offender.
(2) If the juvenile court disposes of a case prior to the prosecutor's involvement in the case, the court or a court employee shall notify the victim and the victim's representative in the case, if applicable, that the alleged juvenile offender will be granted pretrial diversion, the complaint against that alleged juvenile offender will be amended or dismissed, or the court will conduct an adjudicatory hearing for that alleged juvenile offender.
(3)
At a hearing at any of the stages listed in division (A)(1) of this
section, the court shall inquire as to whether the victim or victim's
representative, if applicable, requested to confer with the
prosecutor, and whether or not the prosecutor conferred with the
victim and the victim's representative, if applicable.
If
the prosecutor fails to confer with the victim and
the victim's representative, if applicable, at
any of those times, the court,
if informed of the failure,
shall
note on the record the failure and the prosecutor's reasons for the
failure.
Except
as provided in division (A)(5) of this section, if the court
determines that reasonable efforts were not made to confer with the
victim and victim's representative, if applicable, or reasonable
efforts were not made to provide reasonable and timely notice of the
time, place, and nature of the court proceeding to the victim and
victim's representative, if applicable, as required by this section
or by Ohio Constitution, Article I, Section 10a, the court shall not
rule on any substantive issue that implicates a victim's right,
accept a plea, or impose a sentence, and shall continue the court
proceeding for the time necessary to provide the required notice to
the victim and victim's representative, if applicable.
A
prosecutor's failure to confer with a victim as required by this
division and a court's failure to provide the notice as required by
this division do not affect the validity of an agreement between the
prosecutor and the defendant or alleged juvenile offender in the
case, a pretrial diversion of the defendant or alleged juvenile
offender, an amendment or dismissal of an indictment, information, or
complaint filed against the defendant or alleged juvenile offender, a
plea entered by the defendant or alleged juvenile defender, an
admission entered by the defendant or alleged juvenile offender, or
any other disposition in the case.
(4) A court shall not dismiss a criminal complaint, charge, information, or indictment or a delinquent child complaint solely at the request of the victim or victim's representative and over the objection of the prosecuting attorney, village solicitor, city director of law, or other chief legal officer responsible for the prosecution of the case.
(5) Nothing in this section prohibits a court from taking any action necessary to ensure that a person charged with an offense is brought to trial within the time required by sections 2945.71 and 2945.72 of the Revised Code and a defendant's constitutional right to a speedy trial.
(B)
After
On
request of the victim or the victim's representative, the prosecutor
shall keep the victim and the victim's representative, if applicable,
apprised of requests and communications from the defendant, alleged
juvenile offender, the attorney for the defendant or alleged juvenile
offender, or the agent of the defendant or alleged juvenile offender
that could affect the victim's privacy rights or safety concerns.
(C)
Within fourteen days after a
prosecution in a case has been commenced, the prosecutor or a
designee of the prosecutor other than a court or court employee,
to the extent practicable,
promptly
shall give the victim and
the victim's representative, if applicable, all
of the following information, except that, if the juvenile court
disposes of a case prior to the prosecutor's involvement in the case,
the court or a court employee,
to the extent practicable,
promptly
shall give the victim
and
the victim's representative
all
of the following information:
(1)
The name of the crime
criminal
offense or
specified
delinquent
act with which the defendant or alleged juvenile offender in the case
has been charged and the name of the defendant or alleged juvenile
offender;
(2) The file number of the case;
(3)
A brief
clear
and concise statement
regarding the procedural steps in a criminal prosecution or
delinquency proceeding involving a crime
criminal
offense or
specified
delinquent
act similar to the crime
criminal
offense or
specified
delinquent
act with which the defendant or alleged juvenile offender has been
charged and the right of the victim and
victim's representative to
be present during all proceedings held throughout the prosecution of
the case;
(4) A summary of the rights of a victim under this chapter and under Section 10a of Article I of the Ohio Constitution;
(5) Procedures the victim, the victim's representative, or the prosecutor may follow if the victim becomes subject to threats of violence, harassment, or intimidation by the defendant, alleged juvenile offender, or any other person;
(6)
The name and business telephone number of a
person the
office to
contact for further information with respect to the case;
(7) The right of the victim to have a victim's representative exercise the victim's rights under this chapter in accordance with section 2930.02 of the Revised Code and the procedure by which a victim's representative may be designated;
(8) The right of the victim and victim's representative, if applicable, to confer with the prosecutor on request and the procedures the victim or victim's representative shall follow to confer with the prosecutor;
(9) The fact that the victim can seek the advice of an attorney or have legal representation to enforce the victim's rights;
(10)
Notice
that any notification under division (C)
(E)
of
this section, sections 2930.07
2930.08
to
2930.15, division (A), (B), or (C) of section 2930.16, sections
2930.17 to 2930.19, and section 5139.56 of the Revised Code will be
given to the victim and
the victim's representative, if applicable, only
if the victim or
victim's representative asks
to receive the notification and that notice under division (E)(2) or
(K) of section
2929.20, division (D) of section 2930.16, division (H) of section
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of
section 2967.26, division (D)(1) of section 2967.28, or division
(A)(2) of section 5149.101 of the Revised Code will be given unless
the victim asks
and
the victim's representative, if applicable, ask that
the notification not be provided;
(11)(a) The victim's rights request form, or a similar form that, at a minimum, contains the required information listed in this section and on the victim's rights request form, that allows the victim and the victim's representative, if applicable, to request applicable rights to which the victim and victim's representative are entitled under this chapter, including notice to the victim and the victim's representative that failure to affirmatively request these rights will be considered a waiver of these rights, but that the victim or victim's representative may request these rights at a later date;
(b) A person who, by reason of that person's regular business activities, is the subject of multiple and continuing criminal offenses or delinquent acts as a potential victim may choose to opt out of the notices and rights available pursuant to the Ohio Constitution, Chapter 2930. of the Revised Code, and any other provision of the Revised Code that provides a victim with rights for future offenses by giving a written notification form to the appropriate prosecutor or prosecutor's designee. The form shall include the name and address of the person's business and the period of time that the person wishes to opt out of the applicable notices and rights and may also state that the person is only interested in the applicable notices if restitution is at issue. The form shall be signed by the person or another person with management authority of the business.
(C)
Upon (D)
Unless a shorter notice period is reasonable under the circumstances,
the court shall provide the prosecutor or prosecutor's designee with
oral or written notice of any court proceeding not less than ten days
prior to that court proceeding unless the parties agree that a
shorter notice period is reasonable under the circumstances.
(E)
On the
request of the victim
or
victim's representative,
the prosecutor or, if it is a delinquency proceeding and a prosecutor
is not involved in the case, the court shall give the victim and
the victim's representative, if applicable, notice
of the date, time, and place of any scheduled
criminal
or juvenile proceedings in the case and notice of any changes in
those proceedings or in the schedule in the case
not
less than seven days prior to the criminal or juvenile proceedings in
the case unless the parties agree that a shorter notice period is
reasonable under the circumstances.
(D)
(F)
A
victim or
victim's representative who
requests notice under division (C)
(E)
of
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from the
prosecutor or, if it is a delinquency proceeding and a prosecutor is
not involved in the case, the court under this chapter shall keep the
prosecutor or the court informed of the victim's
current
address and telephone number until the case is dismissed or
terminated, the defendant is acquitted or sentenced, the delinquent
child complaint is dismissed, the defendant is adjudicated a
delinquent child, or the appellate process is completed, whichever is
the final disposition in the case
or
victim's representative's contact information.
(E)
If a defendant is charged with the commission of a misdemeanor
offense that is not identified in division (A)(2) of section 2930.01
of the Revised Code and if a police report or a complaint,
indictment, or information that charges the commission of that
offense and provides the basis for a criminal prosecution of that
defendant identifies one or more individuals as individuals against
whom that offense was committed, after a prosecution in the case has
been commenced, the prosecutor or a designee of the prosecutor other
than a court or court employee, to the extent practicable, promptly
shall notify each of the individuals so identified in the report,
complaint, indictment, or information that, if the defendant is
convicted of or pleads guilty to the offense, the individual may make
an oral or written statement to the court hearing the case regarding
the sentence to be imposed upon the defendant and that the court must
consider any statement so made that is relevant. Before imposing
sentence in the case, the court shall permit the individuals so
identified in the report, complaint, indictment, or information to
make an oral or written statement. Division (A) of section 2930.14 of
the Revised Code applies regarding any statement so made. The court
shall consider a statement so made, in accordance with division (B)
of that section and division (D) of section 2929.22 of the Revised
Code
(G) A prosecutor, the prosecutor's designee, or a court that is required to notify a victim or victim's representative of hearings, on request, shall attempt a notification and keep a record of attempted notifications in the same manner as described in divisions (D)(1) and (2) of section 2930.16 of the Revised Code.
(H) The prosecutor shall review the victim's rights request form with the victim or victim's representative and obtain the victim's and victim's representative's, if applicable, signatures if the form was not previously completed with law enforcement and shall file this form with the court within seven days after initiation of a criminal prosecution.
Sec.
2930.062. A
victim described in division (H)(2)
of
section 2930.01 of the Revised Code may provide the prosecutor, or if
it is a delinquency proceeding and a prosecutor is not involved in
the case may provide the court, in the victim's case with written
notification of the victim's injuries at any time. Upon receipt of
the written notification, the prosecutor or court shall give the
victim all of the information specified in division (B)
(C)
of
section 2930.06 of
the Revised Code
if
the prosecutor has not already done so.
Sec. 2930.063. (A) On request, a victim or victim's representative has the right to receive a copy of the certificate of judgement and the judgment entry from the clerk at no cost to the victim. Copies of other case documents may be requested and provided by the clerk at cost. Copies provided pursuant to this division may be provided in electronic format.
(B) In any criminal or delinquency proceeding in which a video recording or audio recording of the court proceedings has been previously prepared, the victim, victim's attorney, or victim's representative may obtain a copy of the video recording or audio recording for the actual cost to copy the video recording or audio recording. If a transcript of the court proceedings has been previously prepared, the victim, victim's attorney, or victim's representative may obtain a copy of the transcript at the same reduced cost that is available to a party to the case.
Sec. 2930.07. (A) As used in this section:
(1)(a) "Case document" means a document or information in a document regarding a case that is submitted to a court, a law enforcement agency or officer, or a prosecutor or filed with a clerk of court, including, but not limited to, pleadings, motions, exhibits, transcripts, orders, and judgments, or any documentation prepared by a court, clerk of court, or law enforcement agency or officer, or a prosecutor regarding a case.
(b) "Case document" does not include materials subject to the work product doctrine, materials that by law are subject to privilege or confidentiality, or materials that are otherwise protected or prohibited from disclosure by state or federal law.
(2) "Court" has the same meaning as in section 2930.01 of the Revised Code and includes a court of appeals and the supreme court.
(3) "Minor victim" means any person who was under eighteen years of age at the time of the commission of the criminal offense or delinquent act of which the person is a victim.
(4) "Public office" and "public official" have the same meanings as in section 149.011 of the Revised Code.
(B) The victim and victim's representative, if applicable, have the right at any court proceeding, including any juvenile court proceeding, not to testify regarding the victim's address, telephone number, place of employment, or other locating information unless the victim specifically consents or the court determines that the fundamental demands of due process of law in the fair administration of criminal justice prevails over the victim's rights to keep the information confidential.
The court shall make this determination pursuant to an in-camera review. If the court determines that the information shall be disclosed, the court proceeding shall be closed during the disclosure.
(C) Any public office or public official that is charged with the responsibility of knowing the name, address, or other identifying information of a victim or victim's representative as part of the office's or official's duties shall have full and complete access to the name, address, or other identifying information of the victim or victim's representative. That public office or public official shall take measures to prevent the public disclosure of the name, address, or other identifying information of the victim or victim's representative through the use of redaction as set forth in division (D) of this section. Nothing in this section prevents a public agency from maintaining unredacted records of a victim's or victim's representative's name, contact information, and identifying information for its own records and use or a public office or public official from allowing another public office or public official to access or obtain copies of its unredacted records. The release of unredacted records to a public office or official does not constitute a waiver of any exemption or exception pursuant to section 149.43 of the Revised Code. This section prohibits the public release of unredacted case documents pursuant to division (A)(1)(v) of section 149.43 of the Revised Code and division (D) of this section.
(D)(1) On written request of the victim or victim's representative to a law enforcement agency or prosecutor's office and following a brief explanation from that law enforcement agency or prosecutor's office of the potential risks and benefits of redaction and the ability of the victim to retain counsel, all case documents related to the cases or matters specified by the victim maintained by the entity to whom the victim or victim's representative submitted the request shall be redacted prior to public release pursuant to section 149.43 of the Revised Code to remove the name, address, or other identifying information of the victim.
(2) On written application under seal of a victim or victim's representative to a court, and following a brief explanation from that court of the potential risks and benefits of redaction and the ability of the victim to retain counsel, all case documents related to the cases or matters specified by the victim maintained by the entity to whom the victim or victim's representative submitted the request shall be redacted prior to public release pursuant to the supreme court Rules of Superintendence to remove the name, address, or other identifying information of the victim. The application shall be deemed to be filed under seal and the court shall promptly rule on the application. The court shall not release any unredacted records while the application is pending.
(3) If multiple victims are involved in a single case, the public office or official shall take reasonable precautions to protect the information of the victims from other victims, unless all of the victims consent to the release of information.
(E)(1) This section does not apply to any disclosure of the name, address, or other identifying information of a victim that is required to be made in the statewide emergency alert program under section 5502.52 of the Revised Code, missing person alert system, or other similar alert system.
(2) This section does not apply to any disclosure of the name, address, or other identifying information of a minor victim of a criminal offense or delinquent act that resulted in the death of the minor victim.
(3) Nothing in this section shall prevent a victim, a victim's representative, or a victim's attorney from receiving a copy of any case document with the victim's name, contact information, and identifying information unredacted. A public office's or official's provision of a copy of a case document with the victim's name, contact information, and identifying information unredacted to a victim, victim's representative, or victim's attorney, if applicable, does not constitute a waiver of any exemption or exception under section 149.43 of the Revised Code. A victim or victim's attorney shall receive an unredacted copy of any recorded forensic interview of a minor victim or developmentally disabled victim. A victim's representative may receive an unredacted copy of any recorded forensic interview of a minor victim or developmentally disabled victim on request and with approval of the court, or a redacted copy of the interview on request, subject to section 149.43 of the Revised Code.
(4) Nothing in this section shall affect either of the following:
(a) Any rights of a victim or victim's representative to be provided with notice or to make any written or oral statement under this chapter or other applicable law;
(b) The disclosure of the location where the reported criminal offense or delinquent act occurred.
(5) Nothing in this section prohibits the defendant from including necessary information about the victim in filings with the trial court, court of appeals, or the supreme court. The victim's name and identifying information in the filings is not a public record under section 149.43 of the Revised Code if the victim has requested that the victim's name and identifying information be redacted from public records.
Sec. 2930.071. (A)(1) A defendant who seeks to subpoena records of or concerning the victim shall serve the prosecutor, the victim, and the victim's attorney, if applicable, with a copy of the subpoena.
The prosecutor shall ensure that the defendant is provided the information necessary to effect such service.
(2)(a) Pursuant to Criminal Rule 17, the court, on a motion made promptly and at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if compliance would be unreasonable or oppressive.
(b) Upon the filing of a motion to quash, the court shall conduct a hearing in which the proponent of the subpoena shall prove all of the following:
(i) That the documents are evidentiary and relevant;
(ii) That the documents are not otherwise procurable reasonably in advance of trial by exercise of due diligence;
(iii) That the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unreasonably to delay the trial;
(iv) That the application is made in good faith and is not a violation of Ohio Rules of Criminal Procedure.
(3) If the court does not quash the subpoena, the court shall conduct an in-camera review of any records as to which a right of privilege has been asserted.
(4) If the court determines that any of the records reviewed in camera are privileged or constitutionally protected, the court shall balance the victim's rights and privileges against the constitutional rights of the defendant. The disclosure of any portion of the records to the prosecutor does not make the records subject to discovery, unless the material is such that due process requires that the prosecutor provide it to the defendant pursuant to the Brady Rule.
(B) Before any victim may be subpoenaed by a defendant to testify at any pretrial hearing, the defendant shall show good cause at a hearing with the prosecutor and the victim, victim's representative, and victim's attorney, if applicable, as to why the court should issue the subpoena.
(C) As used in this section, "Brady Rule" has the same meaning as in section 2743.48 of the Revised Code.
Sec. 2930.072. (A) Unless the victim consents in writing, which may be executed at the time of the interview, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense witnessed by the victim and that occurred on the same occasion as the offense against the victim or filed in the same indictment or information or consolidated for trial, that is conducted by the defendant, the defendant's attorney, or an agent of the defendant. Nothing in this section permits a victim to ignore or disregard a subpoena seeking witness testimony issued pursuant to the Criminal Rules.
(B) When a notice of appearance has been filed by the defendant's attorney, the prosecutor shall inform the victim of the defense counsel's name. The prosecutor shall inform the victim of the victim's right to refuse to submit to an interview, or, subject to Criminal Rule 15 or Juvenile Rule 25, a deposition with the defendant, the defendant's attorney, or an agent of the defendant. The prosecutor shall also inform the victim of the victim's right to an attorney. A defendant, defendant's attorney, or agent of a defendant who attempts to contact a victim shall first identify self as such.
(C)(1) If the victim consents to an interview or, subject to Criminal Rule 15 or Juvenile Rule 25, as applicable, a deposition, the victim or the victim's attorney, if applicable, and the defendant, the defendant's attorney, or an agent of the defendant shall determine and specify a mutually agreed upon time and place for the interview or deposition, along with any other conditions requested by the victim.
(2) The victim has the right to terminate the interview or deposition at any time or refuse to answer any question during the interview or deposition. If the victim refuses to answer questions during the deposition or terminates the deposition, the deposition may not be used in lieu of trial testimony.
(3) The victim's attorney, if applicable, or the prosecutor, at the request of the victim, has standing to protect the victim from harassment, intimidation, or abuse and, pursuant to that standing, may seek any appropriate protective order.
(4) The victim may request or the victim's attorney, if applicable, or the prosecutor, with the victim's consent, may request that the deposition be audio or video recorded.
(D) If the defendant or the defendant's attorney comments at trial on the victim's refusal to be interviewed or deposed, the court shall instruct the jury that the victim has the right to refuse an interview or deposition.
Sec. 2930.08. (A)(1) The court and the prosecutor involved in the case shall take appropriate action to ensure a speedy disposition of the case.
(2) A victim has the right to proceedings free from unreasonable delay and a prompt conclusion of the case. The court and all participants shall endeavor to complete the case within the time frame provided by the Rules of Superintendence.
(B)
If
a motion, request, or agreement between counsel
the
prosecutor and the defendant's or alleged juvenile offender's
attorney is
made in a case,
including a motion, request, or agreement for a continuance of the
case,
and
the motion, request, or agreement might result in a substantial
delay
in the prosecution of the case, the prosecutor
in
the case, to the extent practicable and,
if
the victim or
victim's representative has
requested notice pursuant to division
(B) of section
2930.03 of the Revised Code, shall inform the victim and
victim's representative, if applicable, that
the motion, request, or agreement has been made and that it might
result in a delay. If the victim,
victim's representative, or victim's attorney, if applicable,
objects
to the delay, the prosecutor shall inform the court of the victim's
objections,
and the court shall consider the victim's
objections
and
the victim's right to a speedy disposition of the case
in
ruling on the motion, request, or agreement.
(C) If the victim, victim's representative, or victim's attorney, if applicable, objects to a delay in the prosecution of the case, the court shall grant a motion, request, or agreement for a continuance of the case only if the party seeking the continuance demonstrates that the delay in the prosecution of the case is reasonable under the circumstances or is otherwise in the interest of justice. The court may grant a motion, request, or agreement for a continuance of the case only for the time necessary to serve the interests of justice. If a continuance is granted, the court shall state on the record or in a judgment entry the specific reason for the continuance.
Sec.
2930.09. (A)(1)
A
victim and
victim's representative in
a case
may,
if applicable, have the right to be
present whenever
the defendant or alleged juvenile offender in the case is present
during any stage of the case against the defendant or alleged
juvenile offender that is conducted on the record,
during
any public proceeding,
other
than a grand jury proceeding,
unless the court determines that exclusion of the victim is necessary
to protect the defendant's or alleged juvenile offender's right to a
fair trial or to a fair delinquency proceeding.
At any stage of the case at which the victim is present, the court,
at the victim's request,
shall
permit the victim to be accompanied by an individual to
provide support to the victim, a victim advocate and victim
representativeto
provide support to the victim unless the court determines that
exclusion of the individual is necessary to protect the defendant's
or alleged juvenile offender's right to a fair trial or to a fair
delinquency proceeding.
The
victim, victim's representative, and victim's attorney, if
applicable, have the right to be heard by the court at any proceeding
in which any right of the victim is implicated. If present, the
victim, victim's representative, and victim's attorney, if
applicable, have the right to be heard orally, in writing, or both.
(2)(a) If the victim or victim's representative is not present at a court proceeding in which a right of the victim is at issue, the court shall ask the prosecutor all of the following:
(i) Whether the victim and victim's representative, if the victim or victim's representative requested notifications, were notified of the time, place, and purpose of the court proceeding;
(ii) To disclose to the court any and all attempts made to give each victim and victim's representative, if applicable, notice;
(iii) Whether the victim or victim representative were advised that the victim and victim's representative had a right to be heard at the court proceeding;
(iv) Whether the victim and victim representative were conferred with pursuant to section 2930.06 of the Revised Code.
(b) If the court determines that timely notice was not given to the victim and victim's representative, if applicable, or that the victim and victim's representative were not adequately informed of the nature of the court proceeding, or that the prosecutor failed to confer with the victim and victim's representative as required by section 2930.06 of the Revised Code, the court shall not rule on any substantive issue that implicates a victim's right, accept a plea, or impose a sentence and shall continue the court proceeding for the time necessary to notify the victim and victim's representative, if applicable, of the time, place, and nature of the court proceeding.
(c) If the victim or victim's representative is not present at a court proceeding in which a right of the victim is at issue, the court may proceed with the hearing if the prosecutor informs the court that the victim and victim's representative, if the victim or victim's representative requested notifications, were notified of the time, place, and purpose of the court proceeding and that the victim or victim's representative had a right to be heard at the court proceeding, and any and all attempts to give each victim and victim's representative, if applicable, notice. The prosecutor shall inform the court of the victim's and victim's representative's, if applicable, position on the matter before the court, if the position is known to the prosecutor.
(B)(1) The victim and victim's representative, if applicable, have the right to be present and be heard at any proceeding in which a negotiated plea for the defendant or alleged juvenile offender will be presented to the court. If present, the victim, victim's representative, and victim's attorney, if applicable, have the right to be heard orally, in writing, or both prior to the acceptance of the plea by the court.
(2) The victim and the victim's representative, if applicable, have a right to elect to not be present at a proceeding in which a negotiated plea for the defendant or alleged juvenile offender will be presented to the court, unless a subpoena was served on the victim or victim's representative, if applicable, compelling the presence of the victim or the victim's representative.
(C) The court shall not accept a negotiated plea agreement if the victim or the victim's representative is absent from the proceeding unless all of the following apply:
(1) The prosecutor advises the court that before requesting and agreeing to a negotiated plea, the prosecutor conferred with the victim and victim's representative, if applicable, pursuant to section 2930.06 of the Revised Code, if the victim or victim's representative requested to confer with the prosecutor.
(2) The prosecutor made reasonable efforts to give the victim and victim's representative, if applicable, notice of the plea proceedings and to inform the victim and victim's representative of the victim's and victim's representative's right to be present and be heard at the plea proceedings.
(3) The prosecutor discloses to the court any and all attempts made to give each victim and victim's representative, if applicable, notice of the plea agreement, including the offense or delinquent act to which the defendant or alleged juvenile offender will plead guilty, the date that the plea will be presented to the court, and the terms of any sentence or disposition agreed to as part of the negotiated plea.
(4) The prosecutor informs the court of any objection by the victim or victim's representative to the plea agreement.
(5) The prosecutor advises the court that to the best of the prosecutor's knowledge the notice requirements of this chapter have been complied with.
(D) The victim and victim's representative, if applicable, have the right to be present and be heard orally, in writing, or both at any proceeding in which the court conducts a hearing on the post-arrest release of the person accused of committing a criminal offense or delinquent act against the victim or the conditions of that release, including the arraignment or initial appearance.
(E) The victim and victim's representative, if applicable, have the right to be present and be heard orally, in writing, or both at any probation or community control revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or community control of the person who is convicted of committing a criminal offense or delinquent act against the victim.
(F) The victim and victim's representative, if applicable, have the right to be heard orally, in writing, or both at any proceeding in which the court is requested to modify the terms of probation or community control of a person if the modification will affect the person's contact with or the safety of the victim or if the modification involves restitution or incarceration status.
(G) Nothing in this section requires a prosecutor to disclose victim contact information.
Sec.
2930.11. (A)
Except as otherwise provided in this section or in Chapter 2981. of
the Revised Code, the law enforcement agency responsible for
investigating a crime
criminal
offense or
specified
delinquent
act shall promptly return to the victim of the crime
criminal
offense or
specified
delinquent
act any property of the victim that was taken in the course of the
investigation. In accordance with Criminal Rule 26 or an applicable
Juvenile Rule, the law enforcement agency may take photographs of the
property for use as evidence. If the ownership of the property is in
dispute, the agency shall not return the property until the dispute
is resolved.
(B)
The law enforcement agency responsible for investigating a crime
criminal
offense or
specified
delinquent
act shall retain any property of the victim of the crime
criminal
offense or
specified
delinquent
act that is needed as evidence in the case, including any weapon used
in the commission of the crime
criminal
offense or
specified
delinquent
act,
if the prosecutor certifies to the court a need to retain the
property in lieu of a photograph of the property or of another
evidentiary substitute for the property itself,
pursuant to Ohio Rules of Appellate Procedure.
(C) If the defendant or alleged juvenile offender in a case files a motion requesting the court to order the law enforcement agency to retain property of the victim because the property is needed for the defense in the case, the agency shall retain the property until the court rules on the motion. The court, in making a determination on the motion, shall weigh the victim's need for the property against the defendant's or alleged juvenile offender's assertion that the property has evidentiary value for the defense. The court shall rule on the motion in a timely fashion.
Sec. 2930.12. (A) At the request of the victim or victim's representative in a criminal prosecution, the prosecutor or the prosecutor's designee shall give the victim and the victim's representative notice of the defendant's acquittal or conviction within seven days of the acquittal or conviction. At the request of the victim or victim's representative in a delinquency proceeding, the prosecutor or the prosecutor's designee shall give the victim and the victim's representative notice of the dismissal of the complaint against the alleged juvenile offender or of the adjudication of the alleged juvenile offender as a delinquent child, except that, if the juvenile court dismisses the complaint against the alleged juvenile offender or adjudicates the alleged juvenile offender a delinquent child prior to the prosecutor's involvement in the case, at the request of the victim or victim's representative, the court or a court employee shall give the victim and the victim's representative notice of the dismissal or of the adjudication. If the defendant or alleged juvenile offender is convicted or is adjudicated a delinquent child, the notice shall include all of the following:
(A)
(1)
The
crimes
criminal
offenses or
specified
delinquent
acts of which the defendant was convicted or for which the alleged
juvenile offender was adjudicated a delinquent child;
(B)
(2)
The purpose of the presentence investigation report, if ordered, and
that the victim and victim's representative, if applicable, have the
right to review, on request to the prosecutor, a copy of the
presentence investigation report except those portions of the report
that are confidential by law;
(3)
The
address and telephone number of the probation office
department
or
other person, if any, that is to prepare a presentence investigation
report pursuant to section 2951.03 of the Revised Code or Criminal
Rule 32.2, the address and telephone number of the person, if any,
who is to prepare a disposition investigation report pursuant to
division (C)(1) of section 2152.18 of the Revised Code, and the
address and telephone number of the person, if any, who is to prepare
a victim impact statement pursuant to division (D)(1) of section
2152.19 or section 2947.051 of the Revised Code;
(C)
(4)
Notice
that the victim and
victim's representative, if applicable, may
make a statement about the impact of the crime
criminal
offense or
specified
delinquent
act to the probation officer or other person, if any, who prepares
the presentence investigation report or to the person, if any, who
prepares a victim impact statement, that a statement of the victim
and
victim's representative, included
in the report,
if applicable,
will
be made available to the defendant or alleged juvenile offender
unless the court exempts it from disclosure, and that the court may
make the victim impact statement available to the defendant or
alleged juvenile offender;
(D)
(5)
Notice
of the victim's,
victim's representative's, and victim's attorney's, if applicable,
right
under section 2930.14 of the Revised Code to make a statement about
the impact of the crime
criminal
offense or
specified
delinquent
act before sentencing or disposition;
(E)
(6)
The
date, time, and place of the sentencing hearing or dispositional
hearing;
(F)
(7)
Notice that, if the court orders restitution, the victim or victim's
attorney, if applicable, has the right to file a lien;
(8) One of the following:
(1)
(a)
Any
sentence imposed upon the defendant and any subsequent modification
of that sentence, including modification under section 2929.20 or
5120.036 of the Revised Code or as a result of the defendant's appeal
of the sentence pursuant to section 2953.08 of the Revised Code;
(2)
(b)
Any
disposition ordered for the defendant and any subsequent modification
of that disposition,
if
known to the prosecutor,
including
judicial release or early release in accordance with section 2151.38
of the Revised Code.
If
a court has not provided timely notice to the prosecutor of a
subsequent modification of that disposition, the court shall promptly
notify the victim and the victim's representative, if applicable, of
the subsequent modification.
(B) During the probation department's presentence investigation, the department shall contact the victim, victim's representative, and victim's attorney, if applicable, concerning the victim's economic, physical, psychological, or emotional harm or victim's safety concerns as a result of the offense.
Sec. 2930.121. If a prosecutor dismisses a count or counts of a complaint, information, or indictment involving the victim as a result of a negotiated plea agreement, the victim and victim's representative, on request, may exercise all of the applicable rights specified in the victim's bill of rights under Ohio Constitution, Article I, Section 10a, including the right to restitution.
Sec.
2930.13. (A)
If the court orders the preparation of a victim impact statement
pursuant to division (D)(1) of section 2152.19 or section 2947.051 of
the Revised Code, the victim in the case and
victim's representative, if applicable,
may
make a written or
and
oral
statement regarding the impact of the crime
criminal
offense or
specified
delinquent
act to the person whom the court orders to prepare the victim impact
statement. A statement made by the victim or
victim's representative under
this section shall be included in the victim impact statement.
(B)
If a probation officer or other person is preparing a presentence
investigation report pursuant to section 2947.06 or 2951.03 of the
Revised Code or Criminal Rule 32.2, or a disposition investigation
report pursuant to section 2152.18 of the Revised Code, concerning
the defendant or alleged juvenile offender in the case, the victim
and
victim's representative, if applicable, may
make a written or
and
oral
statement regarding the impact of the crime
criminal
offense or
specified
delinquent
act to the probation officer or other person. The probation officer
or other person shall use the statement in preparing the presentence
investigation report or disposition investigation report and, upon
the victim's
or
victim's representative's request,
shall include a written statement submitted by the victim in the
presentence investigation report or disposition investigation report.
(C) A statement made by the victim or victim's representative under division (A) or (B) of this section may include the following:
(1)
An explanation of the nature and extent of any physical,
psychological, or emotional harm suffered by the victim as a result
of the crime
criminal
offense or
specified
delinquent
act that is the basis of the case;
(2)
An explanation of the extent of any property damage or other economic
loss suffered by the victim as a result of that crime
criminal
offense or
specified
delinquent
act;
(3)
An opinion regarding the extent to which, if any, the victim needs
restitution for harm caused by the defendant or alleged juvenile
offender as a result of that crime
criminal
offense or
specified
delinquent
act and information about whether the victim has applied for or
received any compensation for loss or damage caused by that crime
criminal
offense or
specified
delinquent
act;
(4)
The victim's and
victim's representative's recommendation
for an appropriate sanction or disposition for the defendant or
alleged juvenile offender regarding that crime
criminal
offense or
specified
delinquent
act.
(D)
If a statement made by a victim or
victim's representative under
division (A) of this section is included in a victim impact
statement, the provision, receipt, and retention of
copies of, the use of, and the confidentiality, nonpublic record
character, and sealing of the victim impact statement is governed by
division (B)(2)
(D)(3)
of
section 2152.20
2152.19
or
by division (C) of section 2947.051 of the Revised Code, as
appropriate. If a statement made by a victim
or
victim's representative
under
division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or 2951.03
of the Revised Code or Criminal Rule 32.2 or in a disposition
investigation report pursuant to division (C)(1) of section 2152.18
of the Revised Code, the provision, receipt, and retention of copies
of, the use of, and the confidentiality, nonpublic record character,
and sealing of the presentence investigation report or disposition
investigation report that contains the victim's statement is governed
by section 2951.03 of the Revised Code.
Sec. 2930.131. (A) If the presentence investigation report is made available to the defendant prior to the sentencing hearing, the court shall simultaneously provide a copy of the report to the prosecutor assigned to the case. If requested, the prosecutor shall promptly forward a copy of the report to the victim, victim's representative, and victim's attorney, if applicable, except those parts of the report that are redacted by the court or made confidential by law.
(B) If the court redacts any portion of the presentence investigation report, the court shall state on the record the court's reason for the redaction.
Sec.
2930.14. (A)
Before imposing sentence upon, or entering an order of disposition
for, a defendant or alleged juvenile offender for the commission of a
crime
criminal
offense or
specified
delinquent
act, the court shall permit the victim of
the crime or specified delinquent act and
victim's representative, if applicable,
to
make
a statement
be
heard orally, in writing, or both during the sentencing or
disposition proceeding.
The court may give copies of any written statement made by a victim
or
victim's representative to
the defendant or alleged juvenile offender and defendant's or alleged
juvenile offender's counsel and may give any written statement made
by the defendant or alleged juvenile offender to the victim,
victim's representative, or victim's attorney, if applicable, and
the prosecutor. The court may redact any information contained in a
written statement that the court determines is not relevant to and
will not be relied upon in the sentencing or disposition decision.
The
victim's or victim's representative's oral statement is not subject
to cross-examination. The
written statement of the victim or
victim's representative
or
of
the
defendant or alleged juvenile offender is confidential and is not a
public record as used in section 149.43 of the Revised Code. Any
person to whom a copy of a written statement was released by the
court shall return it to the court immediately following sentencing
or disposition.
(B)
The court shall consider a victim's
statement
made by
a victim or victim's representative under
division (A) of this section along with other factors that the court
is required to consider in imposing sentence or in determining the
order of disposition. If the statement includes new material facts,
the court shall not rely on the new material facts unless it
continues the sentencing or dispositional proceeding or takes other
appropriate action to allow the defendant or alleged juvenile
offender an adequate opportunity to respond to the new material
facts.
Sec.
2930.15. (A)
If a defendant is convicted of committing
a crime
criminal
offense against
a victim or an alleged juvenile offender is adjudicated a delinquent
child for committing a specified
delinquent
act against a victim, if the victim or
victim's representative requests
notice of the filing of an appeal, and if the defendant or alleged
juvenile offender files an appeal, the prosecutor in the case
promptly,
but not later than seven days after receiving the notice of appeal,
shall
notify the victim and
victim's representative, if applicable, of
the appeal. The prosecutor also shall give the victim and
victim's representative, if applicable, all
of the following information:
(1) A brief explanation of the appellate process, including the possible disposition of the case;
(2) Whether the defendant or alleged juvenile offender has been released on bail or other recognizance or under conditions imposed by the juvenile court pending the disposition of the appeal;
(3) The time, place, and location of appellate court proceedings and any subsequent changes in the time, place, or location of those proceedings;
(4) The result of the appeal.
(B) If the appellate court returns the defendant's or alleged juvenile offender's case to the trial court or juvenile court for further proceedings, the victim and victim's representative, if applicable, may exercise all the rights that previously were available to the victim in the trial court or the juvenile court.
Sec.
2930.16. (A)
If a defendant is incarcerated, a victim in
a case or
victim's representative who
has requested to receive
notice under this section shall be given notice of the incarceration
of the defendant. If an alleged juvenile offender is committed to the
temporary custody of a school, camp, institution, or other facility
operated for the care of delinquent children or to the legal custody
of the department of youth services, a victim in
a case or
victim's representative who
has requested to receive notice under this section shall be given
notice of the commitment. Promptly after sentence is imposed upon the
defendant or the commitment of the alleged juvenile offender is
ordered, the court
or the court's designee shall notify the prosecutor
in the case and
the prosecutor shall
notify the victim and
the victim's representative, if applicable, of
the date on which the defendant will be released, or initially will
be eligible for release, from confinement or the prosecutor's
reasonable estimate of that date or the date on which the alleged
juvenile offender will have served the minimum period of commitment
or the prosecutor's reasonable estimate of that date. The prosecutor
also shall notify the victim and
the victim's representative of
the name of the custodial agency of the defendant or alleged juvenile
offender and tell the victim
and
the victim's representative
how
to contact that custodial agency. If the custodial agency is the
department of rehabilitation and correction, the prosecutor shall
notify the victim and
the victim's representative of
the services offered by the office of victims' services pursuant to
section 5120.60 of the Revised Code. If the custodial agency is the
department of youth services, the prosecutor shall notify the victim
and
the victim's representative of
the services provided by the office of victims' services within the
release authority of the department pursuant to section 5139.55 of
the Revised Code and the victim's right pursuant to section 5139.56
of the Revised Code to submit a written request to the release
authority to be notified
of actions the release authority takes with respect to the alleged
juvenile offender. The victim and
the victim's representative shall
keep the custodial agency informed of the victim's or
victim's representative's current
address
and telephone number
contact
information.
(B)(1)
Upon the victim's or
victim's representative's request
or in accordance with division (D) of this section, the court
or the court's designee shall notify the prosecutor
in
the case and the prosecutor
promptly,
but not later than seven days after the hearing is scheduled or the
application is filed,
shall
notify the victim
and
the victim's representative, if applicable,
of
any application
or hearing
for judicial release of the defendant pursuant to section 2929.20 of
the Revised Code, of any hearing for release of the defendant
pursuant to section 2967.19 of the Revised Code, or of any hearing
for judicial release or early release of the alleged juvenile
offender pursuant to section 2151.38 of the Revised Code and of the
victim's and
victim's representative's right
to make a statement under those sections. The
If
the court does not hold a hearing or if the victim and victim's
representative, if applicable, do not attend the hearing or make a
statement, the court
shall notify the victim and
victim's representative of
its ruling in each of those hearings and on each of those
applications.
(2)
If an offender is sentenced to a prison term pursuant to division
(A)(3) or (B) of section 2971.03 of the Revised Code, upon
on
the
request of the victim of
the crime or
victim's representative or
in accordance with division (D) of this section, the court
or the court's designee shall notify the prosecutor in the case and
the prosecutor
promptly shall notify the victim and
the victim's representative, if applicable, of
any
hearing to be conducted pursuant to section 2971.05 of the Revised
Code to determine whether to modify the requirement that the offender
serve the entire prison term in a state correctional facility in
accordance with division (C) of that section, whether to continue,
revise, or revoke any existing modification of that requirement, or
whether to terminate the prison term in accordance with division (D)
of that section. The
If
the court does not hold a hearing or if the victim and victim's
representative, if applicable, do not attend the hearing or make a
statement, the
court
shall notify the victim
and
the victim's representative
of
any order issued at the conclusion of the hearing.
(C)(C)(1)
On first contact with a victim, the custodial agency of a defendant
or delinquent child shall verify with the victim and victim's
representative, if applicable, that all information and requests are
current. If a victim's rights request form was not provided by the
prosecutor, the custodial agency shall give the victim and victim's
representative, if applicable, the victim's rights request form, or
similar form that, at a minimum, contains the required information
listed in this section and on the victim's rights request form. A
person claiming direct and proximate harm as a result of a criminal
offense or delinquent act must affirmatively identify the person's
self and request the notifications provided in this section and
section 2967.28 of the Revised Code.
(2) Upon the victim's or victim's representative's request made at any time before the particular notice would be due or in accordance with division (D) of this section, the custodial agency of a defendant or alleged juvenile offender shall give the victim and the victim's representative, if applicable, any of the following notices that is applicable:
(1)
(a)
At
least sixty days before the adult parole authority recommends a
pardon or commutation of sentence for the defendant or at least sixty
days prior to a hearing before the adult parole authority regarding a
grant of parole to the defendant, notice of the victim's and
victim's representative's right
to submit a statement regarding the impact of the defendant's release
in accordance with section 2967.12 of the Revised Code and, if
applicable, of the victim's and
victim's representative's right
to appear at a full board hearing of the parole board to give
testimony as authorized by section 5149.101 of the Revised Code; and
at least sixty days prior to a hearing before the department
regarding a determination of whether the inmate must be released
under division (C) or (D)(2) of section 2967.271 of the Revised Code
if the inmate is serving a non-life felony indefinite prison term,
notice of the fact that the inmate will be having a hearing regarding
a possible grant of release, the date of any hearing regarding a
possible grant of release, and the right of any person to submit a
written statement regarding the pending action;
(2)
(b)
At
least sixty days before the defendant is transferred to transitional
control under section 2967.26 of the Revised Code, notice of the
pendency of the transfer and of the victim's and
victim's representative's right
under that section to submit a statement regarding the impact of the
transfer;
(3)
(c)
At
least sixty days before the release authority of the department of
youth services holds a release review, release hearing, or discharge
review for the alleged juvenile offender, notice of the pendency of
the review or hearing, of the victim's and
victim's representative's right
to make an oral or written statement regarding the impact of the
crime upon the victim or regarding the possible release or discharge,
and, if the
notice pertains to a hearing, of the victim's right to attend and
make statements or comments at the hearing as authorized by section
5139.56 of the Revised Code;
(4)
(d)
Prompt
notice,
but not more than three days after the escape,
of
the defendant's or alleged juvenile offender's escape from a facility
of the custodial agency in which the defendant was incarcerated or in
which the alleged juvenile offender was placed after commitment, of
the defendant's or alleged juvenile offender's absence without leave
from a mental health or developmental disabilities facility or from
other custody, and of the capture of the defendant or alleged
juvenile offender after an escape or absence;
(5)
(e)
Notice
of the defendant's or alleged juvenile offender's death while in
confinement or custody
within
thirty days of the defendant's or alleged juvenile offender's death;
(6)
(f)
Notice
of the filing of a petition by the director of rehabilitation and
correction pursuant to section 2967.19 of the Revised Code requesting
the early release under that section of the defendant
within
thirty days of the filing of the petition;
(7)
(g)
Notice
of the defendant's or alleged juvenile offender's post-conviction
release
from confinement or custody,
including jail or local custody,
and
the terms and conditions of the release
as
soon as the custodial agency becomes aware of the release.
(D)(1) If a defendant is incarcerated for the commission of aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or is under a sentence of life imprisonment or if an alleged juvenile offender has been charged with the commission of an act that would be aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or be subject to a sentence of life imprisonment if committed by an adult, except as otherwise provided in this division, the notices described in divisions (B) and (C) of this section shall be given regardless of whether the victim or victim's representative has requested the notification. The notices described in divisions (B) and (C) of this section shall not be given under this division to a victim or victim's representative if the victim or victim's representative has requested pursuant to division (B)(2) of section 2930.03 of the Revised Code that the victim or victim's representative not be provided the notice. Regardless of whether the victim or victim's representative has requested that the notices described in division (C) of this section be provided or not be provided, the custodial agency shall give notice similar to those notices to the prosecutor in the case, to the sentencing court, to the law enforcement agency that arrested the defendant or alleged juvenile offender if any officer of that agency was a victim of the offense, and to any member of the victim's immediate family who requests notification. If the notice given under this division to the victim and victim's representative is based on an offense committed prior to March 22, 2013, and if the prosecutor or custodial agency has not previously successfully provided any notice to the victim and victim's representative under this division or division (B) or (C) of this section with respect to that offense and the offender who committed it, the notice also shall inform the victim and victim's representative that the victim or victim's representative may request that the victim or victim's representative not be provided any further notices with respect to that offense and the offender who committed it and shall describe the procedure for making that request. If the notice given under this division to the victim and victim's representative pertains to a hearing regarding a grant of a parole to the defendant, the notice also shall inform the victim and victim's representative that the victim, a member of the victim's immediate family, or the victim's representative may request a victim conference, as described in division (E) of this section, and shall provide an explanation of a victim conference.
The prosecutor or custodial agency may give the notices to which this division applies by any reasonable means, including, but not limited to, regular mail, telephone, and electronic mail. If the prosecutor or custodial agency attempts to provide notice to a victim or victim's representative under this division but the attempt is unsuccessful because the prosecutor or custodial agency is unable to locate the victim or victim's representative, is unable to provide the notice by its chosen method because it cannot determine the mailing address, telephone number, or electronic mail address at which to provide the notice, or, if the notice is sent by mail, the notice is returned, the prosecutor or custodial agency shall make another attempt to provide the notice to the victim or victim's representative. If the second attempt is unsuccessful, the prosecutor or custodial agency shall make at least one more attempt to provide the notice. If the notice is based on an offense committed prior to March 22, 2013, in each attempt to provide the notice to the victim or victim's representative, the notice shall include the opt-out information described in the preceding paragraph. The prosecutor or custodial agency, in accordance with division (D)(2) of this section, shall keep a record of all attempts to provide the notice, and of all notices provided, under this division.
Division (D)(1) of this section, and the notice-related provisions of divisions (E)(2) and (K) of section 2929.20, division (H) of section 2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) of section 2967.26, division (D)(1) of section 2967.28, and division (A)(2) of section 5149.101 of the Revised Code enacted in the act in which division (D)(1) of this section was enacted, shall be known as "Roberta's Law."
(2) Each prosecutor and custodial agency that attempts to give any notice to which division (D)(1) of this section applies shall keep a record of all attempts to give the notice. The record shall indicate the person who was to be the recipient of the notice, the date on which the attempt was made, the manner in which the attempt was made, and the person who made the attempt. If the attempt is successful and the notice is given, the record shall indicate that fact. The record shall be kept in a manner that allows public inspection of attempts and notices given to persons other than victims or victims' representatives without revealing the names, addresses, or other identifying information relating to victims or victims' representatives. The record of attempts and notices given to victims or victims' representatives is not a public record, but the prosecutor or custodial agency shall provide upon request a copy of that record to a prosecuting attorney, judge, law enforcement agency, or member of the general assembly. The record of attempts and notices given to persons other than victims or victims' representatives is a public record. A record kept under this division may be indexed by offender name, or in any other manner determined by the prosecutor or the custodial agency. Each prosecutor or custodial agency that is required to keep a record under this division shall determine the procedures for keeping the record and the manner in which it is to be kept, subject to the requirements of this division.
(E) The adult parole authority shall adopt rules under Chapter 119. of the Revised Code providing for a victim conference, upon request of the victim, a member of the victim's immediate family, or the victim's representative, prior to a parole hearing in the case of a prisoner who is incarcerated for the commission of aggravated murder, murder, or an offense of violence that is a felony of the first, second, or third degree or is under a sentence of life imprisonment. The rules shall provide for, but not be limited to, all of the following:
(1) Subject to division (E)(3) of this section, attendance by the victim, members of the victim's immediate family, the victim's representative, and, if practicable, other individuals;
(2) Allotment of up to one hour for the conference;
(3) A specification of the number of persons specified in division (E)(1) of this section who may be present at any single victim conference, if limited by the department pursuant to division (F) of this section.
(F) The department may limit the number of persons specified in division (E)(1) of this section who may be present at any single victim conference, provided that the department shall not limit the number of persons who may be present at any single conference to fewer than three. If the department limits the number of persons who may be present at any single victim conference, the department shall permit and schedule, upon request of the victim, a member of the victim's immediate family, or the victim's representative, multiple victim conferences for the persons specified in division (E)(1) of this section.
(G) As used in this section, "victim's immediate family" has the same meaning as in section 2967.12 of the Revised Code.
Sec. 2930.161. (A) On request of a victim or victim's representative who has provided a current address or other current contact information, the court or the court's designee shall notify the victim and victim's representative, if applicable, of any of the following:
(1) A probation or community control revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or community control of a person who was convicted of committing a criminal offense against the victim;
(2) Any hearing on a proposed modification on the terms of probation or community control;
(3) If the person is on supervised probation or community control, the arrest of the person pursuant to a warrant issued for a probation or community control violation;
(4) The defendant's or alleged juvenile offender's failure to successfully complete a diversion or substantially similar program.
(B) On request of a victim or victim's representative who has provided current contact information, the probation department shall notify the victim and victim's representative, if applicable, of the following as soon as it becomes known to the probation department:
(1) Any proposed modification to any term of probation or community control if the modification affects restitution, incarceration, or detention status or the defendant's or alleged juvenile offender's contact with or safety of the victim;
(2) The victim's and victim's representative's right to be heard at a hearing that is set to consider any modification to be made to any term of probation or community control;
(3) Any violation of any term of probation or community control that results in the filing of a petition with the court to revoke probation or community control;
(4) Following a risk assessment of the terms of probation or community control, including the period of supervision and any modifications to the terms of probation or community control, any restricted locations and any other conditions of probation or community control that impact victim safety.
Sec. 2930.162. Prior to the governor granting a pardon, commutation of sentence, or reprieve to an offender convicted of or found guilty of an offense of violence or adjudicated a delinquent child for a delinquent act that would be an offense of violence if committed by an adult, the governor, or the governor's designee, shall notify the victim, victim's representative, and victim's attorney, if applicable, that the offender or delinquent child has applied for a pardon, commutation of sentence, or reprieve. The governor shall notify the victim, victim's representative, and victim's attorney, if applicable, regarding the application not less than thirty days prior to issuing a decision on the application. The governor shall inform the victim, victim's representative, and victim's attorney, if applicable, that the victim, victim's representative, and victim's attorney, if applicable, may submit a written statement concerning the application.
Sec.
2930.17. (A)
In determining whether to grant a judicial release to a defendant
from a prison term pursuant to section 2929.20 of the Revised Code at
a time before the defendant's stated prison term expires, in
determining whether to grant a release to an offender from a prison
term pursuant to section 2967.19 of the Revised Code at a time before
the offender's stated prison term expires, or in determining whether
to grant a judicial release or early release to an alleged juvenile
offender from a commitment to the department of youth services
pursuant to section 2151.38 of the Revised Code, the court shall
permit a victim of a crime
criminal
offense or
specified
delinquent
act for which the defendant or alleged juvenile offender was
incarcerated or committed,
and the victim's representative, if applicable,
to
make
a statement
be
heard orally, in writing, or both,
in addition to any other statement made under this chapter,
concerning the effects of that crime
criminal
offense or
specified
delinquent
act on the victim, the circumstances surrounding the crime
criminal
offense or
specified
delinquent
act, the manner in which the crime
criminal
offense or
specified
delinquent
act was perpetrated, and the victim's or
victim's representative's opinion
whether the defendant or alleged juvenile offender should be
released. The victim and
victim's representative, if applicable, may
make
the statement be
heard in
writing
or,
orally,
or
both at
the court's
victim's
or victim's representative's discretion.
The court shall give
allow
the
defendant or alleged juvenile offender
to
review a copy of any written impact statement made by the victim or
victim's representative under this section
and
shall
give either
the adult parole authority or the department of youth services,
whichever is applicable, a copy of any written impact statement made
by the victim or
victim's representative under
this division.
(B) In deciding whether to grant a judicial release or early release to the defendant or alleged juvenile offender, the court shall consider a statement made by the victim and the victim's representative, if applicable, under division (A) of this section or section 2930.14 or 2947.051 of the Revised Code.
(C) Upon making a determination whether to grant a judicial release to a defendant from a prison term pursuant to section 2929.20 of the Revised Code, a release to an offender from a prison term pursuant to section 2967.19 of the Revised Code, or a judicial release or early release to an alleged juvenile offender from a commitment to the department of youth services pursuant to section 2151.38 of the Revised Code, the court promptly shall send notice of its determination to the prosecutor of the county in which the criminal or delinquency proceeding was held against the defendant or alleged juvenile offender. Before ordering a defendant or alleged juvenile offender released from custody, the court shall send the custodial agency a copy of its journal entry of the determination.
Sec. 2930.171. (A) In determining whether to grant an application to seal a record of conviction pursuant to section 2953.32 of the Revised Code or an application to seal or expunge a juvenile record pursuant to section 2151.356 or 2151.358 of the Revised Code, the court shall notify the prosecutor regarding the hearing of the matter not less than sixty days before the hearing. The prosecutor shall provide timely notice to a victim of the criminal offense or delinquent act for which the offender or juvenile was incarcerated or committed and the victim's representative, if applicable, if the victim or victim's representative has requested notice and maintains current contact information with the prosecutor. The court shall permit a victim, the victim's representative, and the victim's attorney, if applicable, to make a statement, in addition to any other statement made under this chapter, concerning the effects of the criminal offense or delinquent act on the victim, the circumstances surrounding the criminal offense or delinquent act, the manner in which the criminal offense or delinquent act was perpetrated, and the victim's, victim's representative's, or victim's attorney's, if applicable, opinion whether the record should be sealed or expunged. The victim, victim's representative, or victim's attorney, if applicable, may be heard in writing, orally, or both at the victim's, victim's representative's, or victim's attorney's, if applicable, discretion. The court shall give the offender or juvenile an opportunity to review a copy of any written impact statement made by the victim, victim's representative, and victim's attorney, if applicable, under this division. The court shall give to either the adult parole authority or the department of youth services, whichever is applicable, a copy of any written impact statement made by the victim, victim's representative, and victim's attorney, if applicable, under this division.
(B) In deciding whether to seal or expunge a record under this section, the court shall consider a statement made by the victim, victim's representative, and victim's attorney, if applicable, under division (A) of this section or section 2930.14 or 2947.051 of the Revised Code.
(C) Upon making a determination whether to grant an application to seal a record of conviction pursuant to section 2953.32 of the Revised Code or an application to seal or expunge a juvenile record pursuant to section 2151.356 or 2151.358 of the Revised Code, the court promptly shall notify the prosecutor of the determination. The prosecutor shall promptly notify the victim and the victim's representative, if applicable, after receiving the notice from the court.
Sec.
2930.18. (A)
No
employer of a victim shall discharge, discipline, or otherwise
retaliate against the victim, a member of the victim's family, or a
victim's representative for participating
any
of the following:
(1)
Participating,
at the prosecutor's request, in preparation for a criminal or
delinquency proceeding
or
for attendance, pursuant to a subpoena,;
(2) Attendance at a criminal or delinquency proceeding if the attendance is reasonably necessary to protect the interests of the victim;
(3) Attendance at a criminal or delinquency proceeding if the victim's attendance is pursuant to a victim's constitutional and statutory rights.
This
section generally does not require an employer to pay an employee for
time lost as a result of attendance at a criminal or delinquency
proceeding.
(B) An employer who knowingly violates this section is in contempt of court. This section does not limit or affect the application to any person of section 2151.211, 2939.121, or 2945.451 of the Revised Code.
Sec.
2930.19. (A)
In a manner consistent with the duty of a prosecutor to represent the
interests of the public as a whole, a prosecutor shall seek
compliance with this chapter on behalf of a victim, a member of the
victim's family, or the victim's representative (A)(1)
A victim, victim's representative, or victim's attorney, if
applicable, or the prosecutor, on request of the victim, has standing
as a matter of
right to assert, or to challenge an order denying, the rights of the
victim provided by law in any judicial or administrative proceeding.
The trial court shall act promptly on a request to enforce, or on a
challenge of an order denying, the rights of the victim.
In
any case, the trial court shall hear the matter within ten days of
the assertion of the victim's rights. The reasons for any decision
denying relief under this section shall be clearly stated on the
record or in a judgment entry.
(2)(a) If the trial court denies the relief sought under division (A)(1) of this section, the trial court shall do all of the following:
(i) Provide the victim, the victim's representative, if applicable, the victim's attorney, if applicable, and the parties with notice of the decision and a copy of the judgment entry;
(ii) Provide the victim, the victim's representative, if applicable, and the victim's attorney, if applicable, with the following statement along with the judgment entry:
"NOTICE
The victim, the victim's attorney, if applicable, or the prosecutor on request of the victim, may appeal this decision or petition to the court of appeals for an extraordinary writ. If such an interlocutory appeal or extraordinary writ is sought while the case is still pending in the trial court, it shall be initiated no later than fourteen days after notice of the decision was provided to the victim by telephone or electronic mail to the latest telephone number or electronic mail address provided by the victim. The prosecutor or the prosecutor's designee shall provide the notice to the victim and the notice shall be memorialized in a manner sufficient to prove to the court the prosecutor or prosecutor's designee sent the notice. The court shall dismiss any such interlocutory appeal or petition as untimely if it does not comply with this fourteen-day limit."
(b)(i) If the court denies the relief sought, the victim or the victim's attorney, if applicable, or the prosecutor on request of the victim, may appeal or, if the victim has no remedy on appeal, petition the court of appeals or supreme court for an extraordinary writ, and the victim has standing to assert a right of limited appeal as it pertains to the decisions impacting the rights of the victim. If the victim or victim's attorney, if applicable, files an appeal, an interlocutory appeal divests the trial court of jurisdiction of the portion of the case implicating the victim's rights until the appeal is resolved by the appellate court.
(ii) Upon the filing of an interlocutory appeal, the trial court shall transmit the relevant transcript to the court of appeals within five business days. Once the transcript is received by the court of appeals, the party that initiated the appeal shall have eight days to file a merit brief. Once the merit brief is filed, the appellee shall have eight days to file a response brief. The court of appeals shall decide the entire appeal not later than thirty-five days after the appeal is filed. The court of appeals shall have the remaining time period after all parties have filed to enter judgment. Notwithstanding these limits, the litigants, with the approval of the court, may stipulate to a different period of time for the briefing and issuance of the decision and judgment on the appeal. The victim, the victim's attorney, the prosecutor, or the defendant may notify the supreme court if a court of appeals has failed to issue a judgment in accordance with the stipulated period of time. Such notifications are public records.
(iii) Nothing in this section shall be interpreted as applying to a direct appeal that is filed after the court sentences the defendant. A victim who wishes to appeal from an order that is final on its entry after the court sentences the defendant shall file the notice of appeal within thirty days of that entry.
(c) If the victim or victim's attorney, if applicable, petitions for an extraordinary writ, the court of appeals or the supreme court shall enter an order establishing an expedited schedule for the filing of an answer, the submission of evidence, the filing of briefing by the litigants, and the entry of decision and judgment and shall place the petition on its accelerated calendar. The court of appeals or the supreme court shall immediately notify the trial court of the petition, and the trial court shall transmit to the court of appeals or the supreme court the relevant transcript within five business days of the filing of the appeal or petition. The court shall enter judgment within forty-five days after the petition for an extraordinary writ is filed. Notwithstanding these limits, the litigants, with the approval of the court, may stipulate to a different period of time for the briefing and issuance of the decision and judgment in the action. The victim, the victim's attorney, the prosecutor, or the defendant may notify the supreme court if a court of appeals has failed to issue a judgment in accordance with the stipulated period of time. Such notifications are a public record.
(d) If any interlocutory appeal is pursued to the supreme court, the supreme court shall enter an order establishing an expedited schedule for its proceedings, including, as applicable, the filing of jurisdictional memoranda and ruling thereon, the transmission of the record, the filing of briefing by the litigants, oral argument if permitted, and the entry of decision and judgment and shall place the appeal on its accelerated calendar. The court shall enter judgment within sixty days after the appeal is filed. The supreme court shall immediately notify the trial court of the appeal, and the trial court shall transmit to the court of appeals or the supreme court the relevant transcript within five business days of the filing of the appeal. Notwithstanding these limits, the litigants, with the approval of the court, may stipulate to a different period of time for the supreme court's proceedings and for the issuance of the supreme court's decision and judgment in the case.
(e) Nothing in this division applies to a direct appeal that is filed by the victim after the court sentences the defendant. A victim who wishes to appeal from an appellate entry shall file the appropriate notice of appeal to the supreme court within thirty days of the entry.
(B)
(B)(1)
A victim of a criminal offense or delinquent act has the right to be
represented by an attorney. Nothing in this section creates a right
to an attorney at public expense for a victim. If a victim is
represented by an attorney, the court shall notify the victim's
attorney in the same manner in which the parties are notified under
applicable law or rule. The victim's attorney shall be included in
all bench conferences, meetings in chambers, and sidebars with the
trial court that directly involve a decision implicating that
victim's rights as enumerated in Ohio Constitution, Article I,
Section 10a. Nothing in this section shall be construed as making a
victim a party to the
case.
(2) A defendant has a right to respond and be represented by an attorney for appeals and writs the victim, the victim's attorney, if applicable, or the prosecutor may file pursuant to this section. An indigent defendant has the right to appointed counsel for appeals and writs filed pursuant to this section. If, as an indigent person, a defendant is unable to employ counsel, the defendant is entitled to have counsel provided pursuant to Chapter 120. of the Revised Code. The court shall notify the defendant and the defendant's attorney in the same manner that the parties are notified under applicable law or rule.
(C) The failure of a public official or public agency or the public official's or public agency's designee to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency or that public official's or public agency's designee, except that a public agency as an employer may be held responsible for a violation of section 2930.18 of the Revised Code.
(C)
(D)
The
failure of any person or entity to provide a right, privilege, or
notice to a victim under this chapter does not constitute grounds for
declaring a mistrial or new trial, for setting
aside
a conviction, sentence, adjudication, or disposition, or for granting
postconviction release to a defendant or alleged juvenile offender.
(D)
(E)
If
there is a conflict between a provision in this chapter and a
specific statute governing the procedure in a case involving a
capital offense, the specific statute supersedes the provision in
this chapter.
(E)
(F)
A defendant or juvenile offender may not raise the failure to afford
a right to a victim as error in any legal argument to provide an
advantage to that defendant or juvenile offender in any motion,
including a dispositive motion, motion for new trial, or motion to
have a conviction, sentence, or disposition set aside, in any
petition for post-conviction relief, or in any assignment of error on
appeal.
(G)
If
the victim of a crime
criminal
offense or delinquent act is
incarcerated in a state or local correctional facility or is in the
legal custody of the department of youth services, the victim's
rights under this chapter may be modified by court order to prevent
any security risk, hardship, or undue burden upon a public official
or public agency with a duty under this chapter.
(H) As used in this section, "post-conviction release" means judicial release, early release, and parole, but does not mean relief pursuant to a federal petition in habeas corpus.
Sec. 2930.191. Once a pro se victim or victim's attorney, if applicable, files a notice of appearance in a case, the pro se victim or victim's attorney shall be served copies of all notices, motions, and court orders filed thereafter in the case in the same manner as the parties in the case.
Sec. 2937.11. (A)(1) As used in divisions (B) and (C) of this section, "victim" includes any person who was a victim of a felony violation identified in division (B) of this section or a felony offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a felony violation identified in division (B) of this section or a felony offense of violence.
(2) As used in division (D) of this section, "victim" means any person who is less than sixteen years of age and who was a victim of a violation of section 2905.32 of the Revised Code or against whom was directed any conduct that constitutes, or is an element of, a violation of section 2905.32 of the Revised Code.
(3) At the preliminary hearing set pursuant to section 2937.10 of the Revised Code and the Criminal Rules, the prosecutor may state, but is not required to state, orally the case for the state and shall then proceed to examine witnesses and introduce exhibits for the state. The accused and the magistrate have full right of cross examination, and the accused has the right of inspection of exhibits prior to their introduction. The hearing shall be conducted under the rules of evidence prevailing in criminal trials generally. On motion of either the state or the accused, witnesses shall be separated and not permitted in the hearing room except when called to testify.
(B)(B)(1)
In
a case involving an alleged felony violation of section 2905.05,
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2907.24,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the
Revised Code or an alleged felony offense of violence and in which an
alleged victim of the alleged violation or offense was less than
thirteen years of age when the complaint or information was filed,
whichever occurred earlier, upon motion of the prosecution,
victim, or victim's attorney, if applicable,
the testimony of the child victim at the preliminary hearing may be
taken in a room other than the room in which the preliminary hearing
is being conducted and be televised, by closed circuit equipment,
into the room in which the preliminary hearing is being conducted, in
accordance with division
(C) of section 2945.481 of the Revised Code.
(2) In a case that is not otherwise eligible for the protections provided for in division (B)(1) of this section, and if either of the following apply, upon motion of the prosecution, victim, or victim's attorney, if applicable, the testimony of the alleged victim at the preliminary hearing may be taken in a room other than the room in which the preliminary hearing is being conducted and be televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted, in accordance with division (C) of section 2945.481 of the Revised Code:
(a) An alleged victim of the violation was a child who was less than eighteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, and the alleged victim would be permitted to provide recorded testimony under section 2945.481 of the Revised Code.
(b) An alleged victim of the violation or act was a person with a developmental disability, and the alleged victim would be permitted to provide recorded testimony under section 2945.482 of the Revised Code.
(C)
In a case involving an alleged felony violation listed in division
(B) of this section or an alleged felony offense of violence and in
which an alleged victim of the alleged violation or offense was less
than thirteen years of age when the complaint or information was
filed, whichever occurred earlier, the court, on written motion of
the prosecutor in the case,
the victim, or the victim's attorney, if applicable,
filed
at least three days prior to the hearing, shall order that all
testimony of the child victim be recorded and preserved
on
videotape,
in addition to being recorded for purposes of the transcript of the
proceeding.
If such an order is issued, it shall specifically identify the child
victim,
in a manner consistent with section 2930.07 of the Revised Code,
concerning
whose testimony it pertains, apply only during the testimony of the
child victim it specifically identifies, and apply to all testimony
of the child victim presented at the hearing, regardless of whether
the child victim is called as a witness by the prosecution or by the
defense.
(D)(1)(a) In a case involving an alleged violation of section 2905.32 of the Revised Code, upon motion of the prosecution, victim, or victim's attorney, if applicable, the testimony of the victim at the preliminary hearing may be taken in a place or room other than the room in which the preliminary hearing is being conducted and be televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted, to be viewed by the accused and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim had it been given in the room in which the preliminary hearing is being conducted. Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the preliminary hearing.
(b) Upon the motion of the prosecution, victim, or victim's attorney, if applicable, filed under division (D)(1)(a) of this section and if the judge or magistrate determines that the victim is unavailable to testify in the room in which the preliminary hearing is being conducted in the physical presence of the accused for one or more of the reasons set forth in division (D)(2) of this section, the judge or magistrate may issue an order for the testimony of the victim to be taken in a place or room other than the room in which the preliminary hearing is being conducted and televised, by closed circuit equipment, into the room in which the preliminary hearing is being conducted. If a judge or magistrate issues an order of that nature, the judge or magistrate shall exclude from the room in which the testimony of the victim is to be taken every person except the following:
(i) The victim giving the testimony;
(ii) The judge or magistrate;
(iii) One or more interpreters if needed;
(iv) The attorneys for the prosecution, the victim, if applicable, and the defense;
(v) Any person needed to operate the equipment to be used;
(vi) One person chosen by the victim giving the testimony;
(vii) Any person whose presence the judge or magistrate determines would contribute to the welfare and well-being of the victim giving the testimony.
(c)
The person chosen by the victim under division (D)(1)(b)(vi) of this
section shall
not be a witness in the preliminary hearing and, both before and
during the testimony, shall
not discuss the testimony of the victim with any other witness in the
preliminary hearing.
(d) The judge or magistrate, at the judge's or magistrate's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in this division. If the judge or magistrate presides by electronic means, the judge or magistrate shall be provided with monitors on which the judge or magistrate can see each person in the room in which the testimony is to be taken and with an electronic means of communication with each person, and each person in the room shall be provided with a monitor on which that person can see the judge or magistrate and with an electronic means of communication with the judge or magistrate. To the extent feasible, any person operating the televising equipment shall be restricted to a room adjacent to the room in which the testimony is being taken, or to a location in the room in which the testimony is being taken that is behind a screen or mirror, so that the person operating the televising equipment can see and hear, but cannot be seen or heard by, the victim giving the testimony during the testimony. The accused shall be permitted to observe and hear the testimony of the victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the accused during the testimony, and shall be restricted to a location from which the accused cannot be seen or heard by the victim giving the testimony, except on a monitor provided for that purpose. The accused and the judge or magistrate have full right of cross examination, and the accused has the right of inspection of exhibits prior to their introduction. The victim giving the testimony shall be provided with a monitor on which the victim can observe the accused during the testimony.
(2) For purposes of division (D)(1) of this section, a judge or magistrate may order the testimony of a victim to be taken at a place or room outside the room in which the preliminary hearing is being conducted if the judge or magistrate determines that the victim is unavailable to testify in the room in the physical presence of the accused due to one or more of the following:
(a) The inability of the victim to communicate about the alleged offense because of extreme fear, severe trauma, or another similar reason;
(b) The substantial likelihood that the victim will suffer serious emotional trauma from so testifying;
(c) The victim is at a hospital for care and treatment for any physical, mental, or emotional injury suffered by reason of the alleged offense.
Sec. 2945.481. (A)(1) As used in this section, "victim" includes any person who was a victim of a violation identified in division (A)(2) of this section or an offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an offense of violence.
(2)(2)(a)
In
any proceeding in the prosecution of a charge of a violation of
section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code
or an offense of violence and in which an alleged victim of the
violation or offense was a child who was less than thirteen years of
age when the complaint, indictment, or information was filed,
whichever occurred earlier, the judge of the court in which the
prosecution is being conducted, upon motion of an attorney for the
prosecution, shall order that the testimony of the child victim be
taken by deposition. The prosecution also may request that the
deposition be videotaped
recorded
in
accordance with division (A)(3) of this section.
(b) In any proceeding that is not otherwise eligible for the protections provided for in division (A)(2)(a) of this section, and in which an alleged victim of the violation was a child who was less than eighteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, upon motion of the child victim, the child victim's attorney, if applicable, or an attorney for the prosecution, and upon a showing by a preponderance of the evidence that the child will suffer serious emotional trauma if required to provide live trial testimony, the judge of the court in which the prosecution is being conducted shall order that the testimony of the child victim be taken by deposition. The prosecution may also request that the deposition be recorded in accordance with division (A)(3) of this section.
(c)
The
judge shall notify the child victim whose deposition is to be taken,
the
child victim's attorney, if applicable, the
prosecution, and the defense of the date, time, and place for taking
the deposition. The notice shall identify the child victim who is to
be examined and shall indicate whether a request that the deposition
be videotaped
recorded
has
been made. The defendant shall have the right to attend the
deposition and the right to be represented by counsel. Depositions
shall be taken in the manner provided in civil cases, except that the
judge shall preside at the taking of the deposition and shall rule at
that time on any objections of the prosecution or the attorney for
the defense. The prosecution and the attorney for the defense shall
have the right, as at trial, to full examination and
cross-examination of the child victim whose deposition is to be
taken. If a deposition taken under this division is intended to be
offered as evidence in the proceeding, it shall be filed in the court
in which the action is pending and is admissible in the manner
described in division (B)
of this section. If a deposition of a child victim taken under this
division is admitted as evidence at the proceeding under division (B)
of this section, the child victim shall not be required to testify in
person at the proceeding. However, at any time before the conclusion
of the proceeding, the attorney for the defense may file a motion
with the judge requesting that another deposition of the child victim
be taken because new evidence material to the defense has been
discovered that the attorney for the defense could not with
reasonable diligence have discovered prior to the taking of the
admitted deposition. A motion for another deposition shall be
accompanied by supporting affidavits. Upon the filing of a motion for
another deposition and affidavits, the court may order that
additional testimony of the child victim relative to the new evidence
be taken by another deposition. If the court orders the taking of
another deposition under this provision, the deposition shall be
taken in accordance with this division; if the admitted deposition
was a videotaped
recorded
deposition
taken in accordance with division (A)(3) of this section, the new
deposition also shall be videotaped
recorded
in
accordance with that division and in other cases, the new deposition
may be videotaped
recorded
in
accordance with that division.
(3)
If the prosecution requests that a deposition to be taken under
division (A)(2) of this section be videotapedrecorded,
the judge shall order that the deposition be videotaped
recorded
in
accordance with this division. If a judge issues an order that the
deposition be videotapedrecorded,
the judge shall exclude from the room in which the deposition is to
be taken every person except the child victim giving the testimony,
the judge, one or more interpreters if needed, the attorneys for the
prosecution and the defense, the
child victim's
attorney, if applicable, the child victim's representative, if
applicable, any
person needed to operate the equipment to be used, one person chosen
by the child victim giving the deposition, and any person whose
presence the judge determines would contribute to the welfare and
well-being of the child victim giving the deposition. The person
chosen by the child victim
shall
not be a witness in the proceeding and, both before and during the
deposition, shall not discuss the testimony of the child victim with
any other witness in the proceeding. To the extent feasible, any
person operating the recording equipment shall be restricted to a
room adjacent to the room in which the deposition is being taken, or
to a location in the room in which the deposition is being taken that
is behind a screen or mirror, so that the person operating the
recording equipment can see and hear, but cannot be seen or heard by,
the child victim giving the deposition during the deposition. The
defendant shall be permitted to observe and hear the testimony of the
child victim giving the deposition on a monitor, shall be provided
with an electronic means of immediate communication with the
defendant's attorney during the testimony, and shall be restricted to
a location from which the defendant cannot be seen or heard by the
child victim giving the deposition, except on a monitor provided for
that purpose. The child victim giving the deposition shall be
provided with a monitor on which the child victim can observe, during
the testimony, the defendant. The judge, at the judge's discretion,
may preside at the deposition by electronic means from outside the
room in which the deposition is to be taken; if the judge presides by
electronic means, the judge shall be provided with monitors on which
the judge can see each person in the room in which the deposition is
to be taken and with an electronic means of communication with each
person, and each person in the room shall
be provided with a monitor on which that person can see the judge and
with an electronic means of communication with the judge. A
deposition that is videotaped
recorded
under
this division shall be taken and filed in the manner described in
division (A)(2) of this section and is admissible in the manner
described in this division and division (B) of this section, and, if
a deposition that is videotaped
recorded
under
this division is admitted as evidence at the proceeding, the child
victim shall not be required to testify in person at the proceeding.
No deposition videotaped
recorded
under
this division shall be admitted as evidence at any proceeding unless
division (B) of this section is satisfied relative to the deposition
and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the defendant are afforded an opportunity to view the recording before it is shown in the proceeding.
(B)(1) At any proceeding in a prosecution in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:
(a) The defendant had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a criminal proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.
(C) In any proceeding in the prosecution of any charge of a violation listed in division (A)(2) of this section or an offense of violence and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, the prosecution, the child victim, or the child victim's attorney, if applicable, may file a motion with the judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the jury, if applicable, the defendant, and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, child victim, or child victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution, child victim, or child victim's attorney, if applicable, filed under this section, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (E) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The defendant shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, during the testimony, the defendant.
(D) In any proceeding in the prosecution of any charge of a violation listed in division (A)(2) of this section or an offense of violence and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint, indictment, or information was filed, whichever occurred earlier, the prosecution, child victim, or child victim's attorney, if applicable, may file a motion with the judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the jury, if applicable, the defendant, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, child victim, or child victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution, child victim, or child victim's attorney, if applicable, filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (E) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The defendant shall be permitted to observe and hear the testimony of the child victim who is giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, during the testimony, the defendant. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(E) For purposes of divisions (C) and (D) of this section, a judge may order the testimony of a child victim to be taken outside the room in which the proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the defendant due to one or more of the following:
(1) The persistent refusal of the child victim to testify despite judicial requests to do so;
(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.
(F)(1) If a judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a criminal proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim, in a manner consistent with section 2930.07 of the Revised Code, to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order.
(2)
A judge who makes any determination regarding the admissibility of a
deposition under divisions (A) and (B) of this section, the
videotaping
recording
of
a deposition under division (A)(3) of this section, or the taking of
testimony outside of the room in which a proceeding is being
conducted under division (C) or (D) of this section, shall enter the
determination and findings on the record in the proceeding.
Sec. 2945.482. (A) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Victim with a developmental disability" includes a person with a developmental disability who was a victim of a violation identified in division (B)(1) of this section or an offense of violence or against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an offense of violence.
(B)(1)(B)(1)(a)
In
any proceeding in the prosecution of a charge of a violation of
section 2903.16, 2903.34, 2903.341, 2905.03, 2907.02, 2907.03,
2907.05, 2907.06, 2907.09, 2907.21, 2907.23, 2907.24, 2907.32,
2907.321, 2907.322, or 2907.323 of the Revised Code or an offense of
violence and in which an alleged victim of the violation or offense
was a person with a developmental disability, the judge of the court
in which the prosecution is being conducted, upon motion of an
attorney for the prosecution,
shall
order that the testimony of the victim with a developmental
disability be taken by deposition. The prosecution
also
may request that the deposition be videotaped
recorded
in
accordance with division (B)(2) of this section.
(b) In any proceeding that is not otherwise eligible for the protections provided for in division (B)(1)(a) of this section and in which an alleged victim of the violation or act was a person with a developmental disability, upon motion of the prosecution, the victim, or the victim's attorney, if applicable, and a showing by a preponderance of the evidence that the victim will suffer serious emotional trauma if required to provide live trial testimony, the judge of the court in which the prosecution is being conducted shall order that the testimony of the victim with a developmental disability be taken by deposition. The prosecution, the victim, or the victim's attorney, if applicable, also may request that the deposition be recorded in accordance with division (B)(2) of this section.
(c)
The
judge shall notify the victim with a developmental disability whose
deposition is to be taken, the
victim's attorney, if applicable, the
prosecution, and the defense of the date, time, and place for taking
the deposition. The notice shall identify the victim with a
developmental disability,
in a manner consistent with section 2930.07 of the Revised Code,
who
is to be examined and shall indicate whether a request that the
deposition be videotaped
recorded
has
been made. The defendant shall have the right to attend the
deposition and the right to be represented by counsel. Depositions
shall be taken in the manner provided in civil cases, except that the
judge shall preside at the taking of the deposition and shall rule at
the time on any objections of the prosecution or the attorney for the
defense. The prosecution and the attorney for the defense shall have
the right, as at trial, to full examination and cross-examination of
the victim with a developmental disability whose deposition is to be
taken. If a deposition taken under this division is intended to be
offered as evidence in the proceeding, it shall be filed in the court
in which the action is pending and is admissible in the manner
described in division (C) of this section.
If a deposition of a victim with a developmental disability taken under this division is admitted as evidence at the proceeding under division (C) of this section, the victim with a developmental disability shall not be required to testify in person at the proceeding.
At
any time before the conclusion of the proceeding, the attorney for
the defense may file a motion with the judge requesting that another
deposition of the victim with a developmental
disability be taken because new evidence material to the defense has
been discovered that the attorney for the defense could not with
reasonable diligence have discovered prior to the taking of the
admitted deposition. If the court orders the taking of another
deposition under this provision, the deposition shall be taken in
accordance with this division. If the admitted deposition was a
videotaped
recorded
deposition
taken in accordance with division (B)(2) of this section, the new
deposition shall be videotaped
recorded
in
accordance with that division. In other cases, the new deposition may
be videotaped
recorded
in
accordance with that division.
(2)
If the prosecution,
victim, or victim's attorney, if applicable,
requests
that a deposition to be taken under division (B)(2) of this section
be videotapedrecorded,
the judge shall order that the deposition be videotaped
recorded
in
accordance with this division. If a judge issues an order that the
deposition be
videotapedrecorded,
the judge shall exclude from the room in which the deposition is to
be taken every person except the victim with a developmental
disability giving the testimony, the judge, one or more interpreters
if needed, the attorneys for the prosecution and the defense, the
victim's attorney, if applicable, the victim's representative, if
applicable, any
person needed to operate the equipment to be used, one person chosen
by the victim with a developmental disability giving the deposition,
and any person whose presence the judge determines would contribute
to the welfare and well-being of the victim with a developmental
disability giving the deposition. The person chosen by the victim
with a developmental disability shall not be a witness in the
proceeding and, both before and during the deposition, shall not
discuss the testimony of the victim with a developmental disability
with any other
witness in the proceeding. To the extent feasible, any person
operating the recording equipment shall be restricted to a room
adjacent to the room in which the deposition is being taken, or to a
location in the room in which the deposition is being taken that is
behind a screen or mirror, so that the person operating the recording
equipment can see and hear, but cannot be seen or heard by, the
victim with a developmental disability giving the deposition during
the deposition.
The
defendant shall be permitted to observe and hear the testimony of the
victim with a developmental disability giving the deposition on a
monitor, shall be provided with an electronic means of immediate
communication with the defendant's attorney during the testimony, and
shall be restricted to a location from which the defendant cannot be
seen or heard by the victim with a developmental disability giving
the deposition, except on a monitor provided for that purpose. The
victim with a developmental disability giving the deposition shall be
provided with a monitor on which the victim can observe, during the
testimony, the defendant. The judge, at the judge's discretion, may
preside at the deposition by electronic means from outside the room
in which the deposition is to be taken. If the judge presides by
electronic means, the judge shall be provided with monitors on which
the judge can see each person in the room in which the deposition is
to be taken and with an electronic means of communication with each
person, and each person in the room shall be provided with a monitor
on which that person can see the judge and with an electronic means
of communication with the judge. A deposition that is videotaped
recorded
under
this division shall be taken and filed in the manner described in
division (B)(1) of this section and is admissible in the manner
described in this division and division (C) of this section, and,
if a deposition that is videotaped
recorded
under
this division is admitted as evidence at the proceeding, the victim
with a developmental disability shall not be required to testify in
person at the proceeding. No deposition videotaped
recorded
under
this division shall be admitted as evidence at any proceeding unless
division (C) of this section is satisfied relative to the deposition
and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the defendant are afforded an opportunity to view the recording before it is shown in the proceeding.
(C)(1) At any proceeding in a prosecution in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution, victim, or victim's attorney, if applicable, if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the victim with a developmental disability who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The defendant had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the victim with a developmental disability who gave the testimony in the deposition were to testify in person at the proceeding, the victim with a developmental disability would experience serious emotional trauma as a result of the participation of the victim with a developmental disability at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a criminal proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in the prosecution of any charge of a violation listed in division (B)(1) of this section or an offense of violence and in which an alleged victim of the violation or offense was a person with a developmental disability, the prosecution, victim, or victim's attorney, if applicable, may file a motion with the judge requesting the judge to order the testimony of the victim with a developmental disability to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the jury, if applicable, the defendant, and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this section, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant for one or more of the reasons set forth in division (F) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The defendant shall be permitted to observe and hear the testimony of the victim with a developmental disability giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim with a developmental disability can observe, during the testimony, the defendant.
(E) In any proceeding in the prosecution of any charge of a violation listed in division (B)(1) of this section or an offense of violence and in which an alleged victim of the violation or offense was a victim with a developmental disability, the prosecution, victim, or victim's attorney, if applicable, may file a motion with the judge requesting the judge to order the testimony of the victim with a developmental disability to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the jury, if applicable, the defendant, and any other persons who would have been present during the testimony of the victim with a developmental disability had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution, victim, or victim's attorney, if applicable, shall file a motion under this division at least seven days before the date of the proceeding. The judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the victim with a developmental disability is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the defendant, for one or more of the reasons set forth in division (F) of this section. If a judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the victim with a developmental disability giving the testimony, in a manner similar to that described in division (B)(2) of this section. The defendant shall be permitted to observe and hear the testimony of the victim with a developmental disability who is giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the defendant's attorney during the testimony, and shall be restricted to a location from which the defendant cannot be seen or heard by the victim with a developmental disability giving the testimony, except on a monitor provided for that purpose. The victim with a developmental disability giving the testimony shall be provided with a monitor on which the victim can observe, during the testimony, the defendant. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a judge may order the testimony of a victim with a developmental disability to be taken outside the room in which the proceeding is being conducted if the judge determines that the victim with a developmental disability is unavailable to testify in the room in the physical presence of the defendant due to one or more of the following:
(1) The persistent refusal of the victim with a developmental disability to testify despite judicial requests to do so;
(2) The inability of the victim with a developmental disability to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the victim with a developmental disability will suffer serious emotional trauma from so testifying.
(G)(1) If a judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a victim with a developmental disability in a criminal proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the victim with a developmental disability, in a manner consistent with section 2930.07 of the Revised Code, to whose testimony it applies, the order applies only during the testimony of the specified victim with a developmental disability, and the victim with a developmental disability giving the testimony shall not be required to testify at the proceeding other than in accordance with the order.
(2)
A judge who makes any determination regarding the admissibility of a
deposition under divisions (B) and (C) of this section, the
videotaping
recording
of
a deposition under division (B)(2) of this section, or the taking of
testimony outside of the room in which a proceeding is being
conducted under division (D) or (E) of this section shall enter the
determination
and findings on the record in the proceeding.
Sec. 2945.483. (A) As used in this section:
(1) "Child" means any individual under eighteen years of age.
(2) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(B) In any proceeding in which a child or person with a developmental disability testifies in open court, the child or person with a developmental disability shall have the following rights to be enforced sua sponte by the court or upon motion or notice of any attorney involved in the proceeding:
(1) To be asked questions in a manner the child or person with a developmental disability can reasonably understand, including, but not limited to, a child-friendly oath;
(2) To be free of harassment or intimidation tactics in the proceeding;
(3)(a) To have an advocate or victim's representative of the child's or person with a developmental disability's choosing present in the courtroom and in a position clearly visible in close proximity to the child or person with a developmental disability, subject to division (B)(3)(b) of this section;
(b) That if the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the victim who is a child or a person with a developmental disability, the prosecutor shall file a motion setting forth the reasonable basis for this belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a court-appointed special advocate, guardian ad litem, or a victim advocate to act as the victim's representative in lieu of the previously appointed victim's representative.
(4) To have the courtroom or hearing room adjusted to ensure the comfort and protection of the child or person with a developmental disability;
(5) To have flexibility in the formalities of the proceedings in an effort to ensure the comfort of the child or person with a developmental disability;
(6) To permit a comfort item to be present inside the courtroom or hearing room and to accompany the child or person with a developmental disability throughout the hearing;
(7) To permit the use of a properly constructed screen that would allow the judge and jury in the courtroom or hearing room to see the child or person with a developmental disability but would obscure the child's or person with a developmental disability's view of the defendant or alleged juvenile offender or the public or both;
(8) To have a secure and comfortable waiting area provided for the child or person with a developmental disability during the court proceedings and to have a support person of the child's or person with a developmental disability's choosing stay with the child or person with a developmental disability while waiting, subject to division (B)(3)(b) of this section;
(9) To have an advocate or victim's representative inform the court about the child's or person with a developmental disability's ability to understand the nature of the proceedings, special accommodations that may be needed for the child's or person with a developmental disability's testimony, and any other information relevant to any of the rights set forth in this section.
(C) In circumstances where the accused in a proceeding has chosen to proceed without counsel, the court may appoint standby counsel for that party and may order standby counsel to question a child or person with a developmental disability on behalf of the pro se party if the court finds that there is a substantial likelihood that serious emotional trauma would come to the child or person with a developmental disability if the pro se party were allowed to question the child or person with a developmental disability directly.
(D)(1) If the child or person with a developmental disability is the victim of a criminal offense or delinquent act, the court shall ensure that all steps necessary to secure the physical safety of the child or person with a developmental disability, both in the courtroom and during periods of time that the child or person with a developmental disability may spend waiting for court, have been taken.
(2) The court and all attorneys involved in a court proceeding involving a child or person with a developmental disability shall not disclose to any third party any discovery, including, but not limited to, the child's or person with a developmental disability's name, address, and date of birth, any and all interviews of the child or person with a developmental disability, and any other identifying information of the child or person with a developmental disability in a manner consistent with section 2930.07 of the Revised Code. The court shall enforce any violations of this section through the court's contempt powers.
(E) In any post-conviction proceeding or in regards to post-conviction relief, if the prosecutor in the case or the court has a reasonable basis to believe that the victim's representative is not acting in the interests of the victim who is a child or a person with a developmental disability, the prosecutor shall file a motion setting forth the reasonable basis for this belief and the court shall hold a hearing to determine whether the victim's representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim's representative is not acting in the interests of the victim, the court shall appoint a court-appointed special advocate, guardian ad litem, or a victim advocate to act as the victim's representative in lieu of the previously appointed victim's representative.
Sec. 2945.72. The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be extended only by the following:
(A)
Any period during which the accused is unavailable for hearing or
trial, by reason of other criminal proceedings against
him
the
accused,
within or outside the state, by reason of
his
confinement
in another state, or by reason of the pendency of extradition
proceedings, provided that the prosecution exercises reasonable
diligence to secure
his
availability
of
the accused;
(B)
Any period during which the accused is mentally incompetent to stand
trial or during which
his
the
accused's
mental
competence to stand trial is being determined, or any period during
which the accused is physically incapable of standing trial;
(C)
Any period of delay necessitated by the accused's lack of counsel,
provided that such delay is not occasioned by any lack of diligence
in providing counsel to an indigent accused upon
his
the
accused's
request
as required by law;
(D) Any period of delay occasioned by the neglect or improper act of the accused;
(E) Any period of delay necessitated by reason of a plea in bar or abatement, motion, proceeding, or action made or instituted by the accused;
(F) Any period of delay necessitated by a removal or change of venue pursuant to law;
(G) Any period during which trial is stayed pursuant to an express statutory requirement, or pursuant to an order of another court competent to issue such order;
(H) The period of any continuance granted on the accused's own motion, and the period of any reasonable continuance granted other than upon the accused's own motion;
(I) Any period during which an appeal filed pursuant to section 2945.67 of the Revised Code is pending;
(J) Any period during which an appeal or petition for a writ filed pursuant to section 2930.19 of the Revised Code is pending.
Sec. 2947.051. (A) In all criminal cases in which a person is convicted of or pleads guilty to a felony, if the offender, in committing the offense, caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense, the court, prior to sentencing the offender, shall order the preparation of a victim impact statement by the department of probation of the county in which the victim of the offense resides, by the court's own regular probation officer, or by a victim assistance program that is operated by the state, any county or municipal corporation, or any other governmental entity. The court, in accordance with sections 2929.13 and 2929.19 of the Revised Code, shall consider the victim impact statement in determining the sentence to be imposed upon the offender.
(B) Each victim impact statement prepared under this section shall identify the victim of the offense, itemize any economic loss suffered by the victim as a result of the offense, identify any physical injury suffered by the victim as a result of the offense and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the offense and any psychological impact experienced by the victim or the victim's family as a result of the offense, and contain any other information related to the impact of the offense upon the victim that the court requires. Each victim impact statement prepared under this section shall include any statement made by the victim or the victim's representative pursuant to section 2930.13 of the Revised Code.
(C) A victim impact statement prepared under this section shall be kept confidential and is not a public record as defined in section 149.43 of the Revised Code. However, the court may furnish copies of the statement to both the defendant or the defendant's counsel and the prosecuting attorney. Immediately following the imposition of sentence upon the defendant, the defendant, the defendant's counsel, and the prosecuting attorney shall return to the court the copies of the victim impact statement that were made available to the defendant, the counsel, or the prosecuting attorney.
Sec. 2951.041. (A)(1) If an offender is charged with a criminal offense, including but not limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. Unless an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may reject an offender's request without a hearing. If the court elects to consider an offender's request or the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The community addiction services provider or the properly credentialed professional shall provide a written assessment of the offender to the court.
(2)
The victim notification provisions of division (C)
(E)
of
section 2930.06 of the Revised Code apply in relation to any hearing
held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or pleaded guilty to any felony offense of violence.
(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a felony sex offense, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term.
(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree, and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first or second degree.
(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by a community addiction services provider or a properly credentialed professional for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a community addiction services provider of that nature or a properly credentialed professional in accordance with the court's order, and the community addiction services provider or properly credentialed professional has filed the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness, was a person with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability, or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, licensed professional clinical counselor, or independent marriage and family therapist for the purpose of determining the offender's program eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness, or intellectual disability, or the fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person.
(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.
(10) The offender is not charged with an offense that would result in the offender being disqualified under Chapter 4506. of the Revised Code from operating a commercial motor vehicle or would subject the offender to any other sanction under that chapter.
(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall determine whether the offender will be granted intervention in lieu of conviction. In making this determination, the court shall presume that intervention in lieu of conviction is appropriate. If the court finds under this division and division (B) of this section that the offender is eligible for intervention in lieu of conviction, the court shall grant the offender's request unless the court finds specific reasons to believe that the candidate's participation in intervention in lieu of conviction would be inappropriate.
If the court denies an eligible offender's request for intervention in lieu of conviction, the court shall state the reasons for the denial, with particularity, in a written entry.
If the court grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.
(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year, but not more than five years, from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.
(E) If the court grants an offender's request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, including the requirement that the offender abstain from using illegal drugs and alcohol for a period of at least one year, but not more than five years, from the date on which the court granted the order of intervention in lieu of conviction, the requirement that the offender participate in treatment and recovery support services, and all other terms and conditions ordered by the court, the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offense in question, as a dismissal of the charges, in the manner provided in sections 2953.51 to 2953.56 of the Revised Code.
(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it may continue the offender on intervention in lieu of conviction, continue the offender on intervention in lieu of conviction with additional terms, conditions, and sanctions, or enter a finding of guilty and impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.
(G) As used in this section:
(1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code.
(2) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(3) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.
(4) "Intellectual disability" has the same meaning as in section 5123.01 of the Revised Code.
(5) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(6) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(7) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(8) "Felony sex offense" means a violation of a section contained in Chapter 2907. of the Revised Code that is a felony.
Sec.
2953.32. (A)(1)
Except as provided in section 2953.61 of the Revised Code or as
otherwise provided in division (A)(1)(d)
(A)(1)(c)
of
this section, an eligible offender may apply to the
sentencing court if convicted in this state, or to a court of common
pleas if convicted in another state or in a federal court, for the
sealing of the record of the case that pertains to the conviction,
except for convictions listed under section 2953.36 of the Revised
Code. Application may be made at one of the following times:
(a) At the expiration of three years after the offender's final discharge if convicted of a felony of the third degree, so long as none of the offenses is a violation of section 2921.43 of the Revised Code;
(b)
At the expiration of one year after the offender's final discharge if
convicted of a felony of the fourth or fifth degree or a misdemeanor,
so long as none of the offenses is a violation of section 2921.43 of
the Revised Code.;
(c) At the expiration of seven years after the offender's final discharge if the record includes a conviction of soliciting improper compensation in violation of section 2921.43 of the Revised Code.
(2) Any person who has been arrested for any misdemeanor offense and who has effected a bail forfeiture for the offense charged may apply to the court in which the misdemeanor criminal case was pending when bail was forfeited for the sealing of the record of the case that pertains to the charge. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of one year from the date on which the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first.
(B) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application not less than sixty days prior to the hearing. The prosecutor shall provide timely notice to a victim and victim's representative, if applicable, if the victim or victim's representative requested notice of the proceedings in the underlying case. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The victim, victim's representative, and victim's attorney, if applicable, may be present and heard orally, in writing, or both at any hearing under this section. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant. The probation officer or county department of probation that the court directs to make inquiries concerning the applicant shall determine whether or not the applicant was fingerprinted at the time of arrest or under section 109.60 of the Revised Code. If the applicant was so fingerprinted, the probation officer or county department of probation shall include with the written report a record of the applicant's fingerprints. If the applicant was convicted of or pleaded guilty to a violation of division (A)(2) or (B) of section 2919.21 of the Revised Code, the probation officer or county department of probation that the court directed to make inquiries concerning the applicant shall contact the child support enforcement agency enforcing the applicant's obligations under the child support order to inquire about the offender's compliance with the child support order.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is an eligible offender or whether the forfeiture of bail was agreed to by the applicant and the prosecutor in the case. If the applicant applies as an eligible offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not an eligible offender; if the court does not make that determination, the court shall determine that the offender is an eligible offender.
(b) Determine whether criminal proceedings are pending against the applicant;
(c) If the applicant is an eligible offender who applies pursuant to division (A)(1) of this section, determine whether the applicant has been rehabilitated to the satisfaction of the court;
(d) If the prosecutor has filed an objection in accordance with division (B) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;
(e) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed against the legitimate needs, if any, of the government to maintain those records;
(f) Consider the oral or written statement of any victim, victim's representative, and victim's attorney, if applicable;
(g) If the applicant is an eligible offender of the type described in division (A)(3) of section 2953.36 of the Revised Code, determine whether the offender has been rehabilitated to a satisfactory degree. In making the determination, the court may consider all of the following:
(i) The age of the offender;
(ii) The facts and circumstances of the offense;
(iii) The cessation or continuation of criminal behavior;
(iv) The education and employment of the offender;
(v) Any other circumstances that may relate to the offender's rehabilitation.
(2) If the court determines, after complying with division (C)(1) of this section, that the applicant is an eligible offender or the subject of a bail forfeiture, that no criminal proceeding is pending against the applicant, that the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of an applicant who is an eligible offender applying pursuant to division (A)(1) of this section has been attained to the satisfaction of the court, the court, except as provided in division (C)(4), (G), (H), or (I) of this section, shall order all official records of the case that pertain to the conviction or bail forfeiture sealed and, except as provided in division (F) of this section, all index references to the case that pertain to the conviction or bail forfeiture deleted and, in the case of bail forfeitures, shall dismiss the charges in the case. The proceedings in the case that pertain to the conviction or bail forfeiture shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code.
(3) An applicant may request the sealing of the records of more than one case in a single application under this section. Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars, regardless of the number of records the application requests to have sealed. The court shall pay thirty dollars of the fee into the state treasury, with fifteen dollars of that amount credited to the attorney general reimbursement fund created by section 109.11 of the Revised Code. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed conviction or bail forfeiture was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed conviction or bail forfeiture was pursuant to a municipal ordinance.
(4) If the court orders the official records pertaining to the case sealed, the court shall do one of the following:
(a) If the applicant was fingerprinted at the time of arrest or under section 109.60 of the Revised Code and the record of the applicant's fingerprints was provided to the court under division (B) of this section, forward a copy of the sealing order and the record of the applicant's fingerprints to the bureau of criminal identification and investigation.
(b) If the applicant was not fingerprinted at the time of arrest or under section 109.60 of the Revised Code, or the record of the applicant's fingerprints was not provided to the court under division (B) of this section, but fingerprinting was required for the offense, order the applicant to appear before a sheriff to have the applicant's fingerprints taken according to the fingerprint system of identification on the forms furnished by the superintendent of the bureau of criminal identification and investigation. The sheriff shall forward the applicant's fingerprints to the court. The court shall forward the applicant's fingerprints and a copy of the sealing order to the bureau of criminal identification and investigation.
Failure of the court to order fingerprints at the time of sealing does not constitute a reversible error.
(D) Inspection of the sealed records included in the order may be made only by the following persons or for the following purposes:
(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(3) Upon application by the person who is the subject of the records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction or department of youth services as part of a background investigation of a person who applies for employment with the agency or with the department;
(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, section 2953.321 of the Revised Code;
(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(10) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section;
(11) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code;
(13) By a court, the registrar of motor vehicles, a prosecuting attorney or the prosecuting attorney's assistants, or a law enforcement officer for the purpose of assessing points against a person under section 4510.036 of the Revised Code or for taking action with regard to points assessed.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(E) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing previously was issued pursuant to sections 2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to this section may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (C), (D), and (E) of this section.
(G) Notwithstanding any provision of this section or section 2953.33 of the Revised Code that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding a conviction that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under this section to seal the record of a conviction does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order issued under this section to seal the record of a conviction of an individual may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to section 2953.35 of the Revised Code.
(H) Notwithstanding any provision of this section or section 2953.33 of the Revised Code that requires otherwise, if the auditor of state or a prosecutor maintains records, reports, or audits of an individual who has been forever disqualified from holding public office, employment, or position of trust in this state under sections 2921.41 and 2921.43 of the Revised Code, or has otherwise been convicted of an offense based upon the records, reports, or audits of the auditor of state, the auditor of state or prosecutor is permitted to maintain those records to the extent they were used as the basis for the individual's disqualification or conviction, and shall not be compelled by court order to seal those records.
(I) For purposes of sections 2953.31 to 2953.36 of the Revised Code, DNA records collected in the DNA database and fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation shall not be sealed unless the superintendent receives a certified copy of a final court order establishing that the offender's conviction has been overturned. For purposes of this section, a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(J) The sealing of a record under this section does not affect the assessment of points under section 4510.036 of the Revised Code and does not erase points assessed against a person as a result of the sealed record.
Section 2. That existing sections 9.39, 109.42, 109.91, 149.43, 1901.31, 1907.20, 2151.356, 2151.358, 2152.20, 2152.81, 2152.811, 2335.35, 2743.191, 2743.70, 2907.02, 2907.05, 2907.10, 2929.18, 2929.20, 2929.22, 2929.28, 2930.01, 2930.02, 2930.03, 2930.04, 2930.05, 2930.06, 2930.062, 2930.08, 2930.09, 2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 2930.18, 2930.19, 2937.11, 2945.481, 2945.482, 2945.72, 2947.051, 2951.041, and 2953.32 of the Revised Code are hereby repealed.
Section 3. That section 2930.07 of the Revised Code is hereby repealed.
Section 4. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.42 of the Revised Code as amended by both H.B. 1 and S.B. 201 of the 132nd General Assembly.
Section 149.43 of the Revised Code as amended by H.B. 93, H.B 110, and S.B. 4 of the 134th General Assembly and S.B. 284 of the 133rd General Assembly.
Section 2907.05 of the Revised Code as amended by both S.B. 201 and S.B. 229 of the 132nd General Assembly.
Section 2953.32 of the Revised Code as amended by H.B. 1, H.B. 431, and S.B. 10, all of the 133rd General Assembly.