Bill Title: To generally impose an additional court cost of $100 for a felony or misdemeanor in cases in which a person is convicted of a sexually oriented offense; to require the deposit of the additional court cost into the Rape Crisis Program Trust Fund administered by the Attorney General; to fund rape crisis centers out of the Fund; to increase to $50 for a felony and $15 for a misdemeanor the additional court cost that is charged to fund the Reparations Fund; and to add a representative of rape crisis centers as a member of the State Victims Assistance Advisory Committee.
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Introduced - Dead) 2012-03-20 - To Criminal Justice
[HB488 Detail]Download: Ohio-2011-HB488-Introduced.html
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Baker, Slaby
Cosponsors:
Representatives Antonio, Boyd, Derickson, Foley, Gardner, Gonzales, Hagan, C., Letson, Stebelton
A BILL
| To amend sections 109.91, 2743.70, and 2949.092 and | 1 |
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to enact sections 109.921 and 2949.095 of the | 2 |
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Revised Code to generally impose an additional | 3 |
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court cost of $100 for a felony or misdemeanor in | 4 |
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cases in which a person is convicted of a sexually | 5 |
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oriented offense; to require the deposit of the | 6 |
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additional court cost into the Rape Crisis Program | 7 |
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Trust Fund administered by the Attorney General; | 8 |
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to fund rape crisis centers out of the Fund; to | 9 |
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increase to $50 for a felony and $15 for a | 10 |
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misdemeanor the additional court cost that is | 11 |
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charged to fund the Reparations Fund; and to add a | 12 |
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representative of rape crisis centers as a member | 13 |
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of the State Victims Assistance Advisory | 14 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.91, 2743.70, and 2949.092 be | 16 |
amended and sections 109.921 and 2949.095 of the Revised Code be | 17 |
enacted to read as follows: | 18 |
Sec. 109.91. (A) There is hereby established within the | 19 |
office of the attorney general the crime victims assistance | 20 |
office. | 21 |
(B) There is hereby established the state victims assistance | 22 |
advisory council. The council shall consist of a chairperson, to | 23 |
be appointed by the attorney general, three ex officio members, | 24 |
and fifteen members to be appointed by the attorney general as | 25 |
follows: one member who represents the Ohio victim-witness | 26 |
association; three members who represent local victim assistance | 27 |
programs, including one from a municipally operated program and | 28 |
one from a county-operated program; one member who represents the | 29 |
interests of elderly victims; one member who is a board member of | 30 |
any statewide or local organization that exists primarily to aid | 31 |
victims of domestic violence, or who is an employee of, or | 32 |
counselor for, such an organization; one member who represents | 33 |
rape crisis centers; one member who is an employee or officer of a | 34 |
county probation department or a probation department operated by | 35 |
the department of rehabilitation and correction; one member who is | 36 |
a county prosecuting attorney; one member who is a city law | 37 |
director; one member who is a county sheriff; one member who is a | 38 |
member or officer of a township or municipal police department; | 39 |
one member who is a court of common pleas judge; one member who is | 40 |
a municipal court judge or county court judge; and two members who | 41 |
are private citizens and are not government employees. | 42 |
The council shall include the following ex officio, nonvoting | 43 |
members: the attorney general, one member of the senate to be | 44 |
designated by the president of the senate, and one member of the | 45 |
house of representatives to be designated by the speaker of the | 46 |
house. | 47 |
Members of the council shall serve without compensation, but | 48 |
shall be reimbursed for travel and other necessary expenses that | 49 |
are incurred in the conduct of their official duties as members of | 50 |
the council. The chairperson and members of the council appointed | 51 |
by the attorney general shall serve at the pleasure of the | 52 |
attorney general. The attorney general shall serve on the council | 53 |
until the end of the term of office that qualified the attorney | 54 |
general for membership on the council. The member of the senate | 55 |
and the member of the house of representatives shall serve at the | 56 |
pleasure of the president of the senate and the speaker of the | 57 |
house of representatives, respectively. | 58 |
(C) The victims assistance advisory council shall perform | 59 |
both of the following duties: | 60 |
(1) Advise the crime victims assistance office in determining | 61 |
crime and delinquency victim service needs, determining crime and | 62 |
delinquency victim policies for the state, and improving and | 63 |
exercising leadership in the quality of crime and delinquency | 64 |
victim programs in the state; | 65 |
(2) Review and recommend to the crime victims assistance | 66 |
office the victim assistance programs that should be considered | 67 |
for the receipt of state financial assistance pursuant to section | 68 |
109.92 of the Revised Code. The financial assistance allocation | 69 |
recommendations of the council shall be based on the following | 70 |
priorities: | 71 |
(a) Programs in existence on July 1, 1985, shall be given | 72 |
first priority; | 73 |
(b) Programs offering or proposing to offer the broadest | 74 |
range of services and referrals to the community served, including | 75 |
medical, psychological, financial, educational, vocational, and | 76 |
legal services that were not in existence on July 1, 1985, shall | 77 |
be given second priority; | 78 |
(c) Other qualified programs shall be given last priority. | 79 |
(D) As used in this section and section 109.92 of the Revised | 80 |
Code, "victim assistance program" includes, but is not limited to | 81 |
a program that provides at least one of the following: | 82 |
(1) Services to victims of any offense of violence or | 83 |
delinquent act that would be an offense of violence if committed | 84 |
by an adult; | 85 |
(2) Financial assistance or property repair services to | 86 |
victims of crime or delinquent acts; | 87 |
(3) Assistance to victims of crime or delinquent acts in | 88 |
judicial proceedings; | 89 |
(4) Assistance to victims of crime or delinquent acts under | 90 |
the operation of any political subdivision of the state or a | 91 |
branch of the criminal justice system set forth in division | 92 |
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code; | 93 |
(5) Technical assistance to persons or organizations that | 94 |
provide services to victims of crime or delinquent acts under the | 95 |
operation of a branch of the criminal justice system set forth in | 96 |
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised | 97 |
Code. | 98 |
A victim assistance program does not include the program for | 99 |
the reparation of crime victims established pursuant to Chapter | 100 |
2743. of the Revised Code. | 101 |
(E) As used in this section, "rape crisis centers" means | 102 |
organizations and entities that operate in this state and that | 103 |
provide one or more of the services specified in division (D) of | 104 |
section 109.921 of the Revised Code to or for victims of sexual | 105 |
assault, as defined in that section. | 106 |
Sec. 109.921. (A) As used in this section: | 107 |
(1) "Eligible rape crisis center" means an organization or | 108 |
entity that operates in this state and that provides one or more | 109 |
of the services specified in division (D) of this section to or | 110 |
for victims of sexual assault. | 111 |
(2) "Sexual assault" means any of the following: | 112 |
(a) A violation of section 2907.02, 2907.03, 2907.04, | 113 |
2907.05, or former section 2907.12 of the Revised Code; | 114 |
(b) A violation of an existing or former municipal ordinance | 115 |
or law of this or any other state or the United States that is or | 116 |
was substantially equivalent to any section listed in division | 117 |
(A)(2)(a) of this section. | 118 |
(B) There is hereby created in the state treasury the rape | 119 |
crisis program trust fund, consisting of moneys paid into the fund | 120 |
pursuant to section 2949.095 of the Revised Code out of the | 121 |
additional court costs imposed under that section and any moneys | 122 |
appropriated to the fund by the general assembly. The attorney | 123 |
general shall administer the fund. The attorney general may use | 124 |
not more than five per cent of the moneys deposited or | 125 |
appropriated into the fund to pay costs associated with | 126 |
administering this section and shall use at least ninety-five per | 127 |
cent of the moneys deposited or appropriated into the fund for the | 128 |
purpose of providing funding to eligible rape crisis centers under | 129 |
this section. | 130 |
(C) The attorney general shall adopt rules under Chapter 119. | 131 |
of the Revised Code that establish procedures for eligible rape | 132 |
crisis centers to apply to the attorney general for funding out of | 133 |
the rape crisis program trust fund and procedures for the attorney | 134 |
general to distribute money out of the fund to eligible rape | 135 |
crisis centers. | 136 |
(D) An eligible rape crisis center that receives funding out | 137 |
of the rape crisis program trust fund shall use the money received | 138 |
only to provide one or more of the following services to or for | 139 |
victims of sexual assault: | 140 |
(1) A telephone hotline; | 141 |
(2) Information and referral services; | 142 |
(3) Crisis-intervention services; | 143 |
(4) Advocacy and support services; | 144 |
(6) Service coordination; | 146 |
(7) Programs to promote community awareness of available | 147 |
services; | 148 |
(8) Medical intervention. | 149 |
Sec. 2743.70. (A)(1) The court, in which any person is | 150 |
convicted of or pleads guilty to any offense other than a traffic | 151 |
offense that is not a moving violation, shall impose the following | 152 |
sum as costs in the case in addition to any other court costs that | 153 |
the court is required by law to impose upon the offender: | 154 |
(a) ThirtyFifty dollars, if the offense is a felony; | 155 |
(b) NineFifteen dollars, if the offense is a misdemeanor. | 156 |
The court shall not waive the payment of the thirtyfifty- or | 157 |
nine dollarsfifteen-dollar court costscost, unless the court | 158 |
determines that the offender is indigent and waives the payment of | 159 |
all court costs imposed upon the indigent offender. All such | 160 |
moneys shall be transmitted on the first business day of each | 161 |
month by the clerk of the court to the treasurer of state and | 162 |
deposited by the treasurer in the reparations fund. | 163 |
(2) The juvenile court in which a child is found to be a | 164 |
delinquent child or a juvenile traffic offender for an act which, | 165 |
if committed by an adult, would be an offense other than a traffic | 166 |
offense that is not a moving violation, shall impose the following | 167 |
sum as costs in the case in addition to any other court costs that | 168 |
the court is required or permitted by law to impose upon the | 169 |
delinquent child or juvenile traffic offender: | 170 |
(a) ThirtyFifty dollars, if the act, if committed by an | 171 |
adult, would be a felony; | 172 |
(b) NineFifteen dollars, if the act, if committed by an | 173 |
adult, would be a misdemeanor. | 174 |
The thirtyfifty- or nine dollarsfifteen-dollar court costs | 175 |
cost shall be collected in all cases unless the court determines | 176 |
the juvenile is indigent and waives the payment of all court | 177 |
costs, or enters an order on its journal stating that it has | 178 |
determined that the juvenile is indigent, that no other court | 179 |
costs are to be taxed in the case, and that the payment of the | 180 |
thirtyfifty- or nine dollarsfifteen-dollar court costscost is | 181 |
waived. All such moneys collected during a month shall be | 182 |
transmitted on or before the twentieth day of the following month | 183 |
by the clerk of the court to the treasurer of state and deposited | 184 |
by the treasurer in the reparations fund. | 185 |
(B) Whenever a person is charged with any offense other than | 186 |
a traffic offense that is not a moving violation and posts bail | 187 |
pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 188 |
Criminal Rule 46, or Traffic Rule 4, the court shall add to the | 189 |
amount of the bail the thirtyfifty or ninefifteen dollars | 190 |
required to be paid by division (A)(1) of this section. The thirty | 191 |
fifty or ninefifteen dollars shall be retained by the clerk of | 192 |
the court until the person is convicted, pleads guilty, forfeits | 193 |
bail, is found not guilty, or has the charges dismissed. If the | 194 |
person is convicted, pleads guilty, or forfeits bail, the clerk | 195 |
shall transmit the thirtyfifty or ninefifteen dollars to the | 196 |
treasurer of state, who shall deposit it in the reparations fund. | 197 |
If the person is found not guilty or the charges are dismissed, | 198 |
the clerk shall return the thirtyfifty or ninefifteen dollars to | 199 |
the person. | 200 |
(C) No person shall be placed or held in jail for failing to | 201 |
pay the additional thirtyfifty- or nine dollarsfifteen-dollar | 202 |
court costscost or bail that are required to be paid by this | 203 |
section. | 204 |
(D) As used in this section: | 205 |
(1) "Moving violation" means any violation of any statute or | 206 |
ordinance, other than section 4513.263 of the Revised Code or an | 207 |
ordinance that is substantially equivalent to that section, that | 208 |
regulates the operation of vehicles, streetcars, or trackless | 209 |
trolleys on highways or streets or that regulates size or load | 210 |
limitations or fitness requirements of vehicles. "Moving | 211 |
violation" does not include the violation of any statute or | 212 |
ordinance that regulates pedestrians or the parking of vehicles. | 213 |
(2) "Bail" means cash, a check, a money order, a credit card, | 214 |
or any other form of money that is posted by or for an offender | 215 |
pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 216 |
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from | 217 |
being placed or held in a detention facility, as defined in | 218 |
section 2921.01 of the Revised Code. | 219 |
Sec. 2949.092. If a person is convicted of or pleads guilty | 220 |
to an offense and the court specifically is required, pursuant to | 221 |
section 2743.70, 2949.091, 2949.093, or 2949.094, or 2949.095 of | 222 |
the Revised Code or pursuant to any other section of the Revised | 223 |
Code to impose a specified sum of money as costs in the case in | 224 |
addition to any other costs that the court is required or | 225 |
permitted by law to impose in the case, the court shall not waive | 226 |
the payment of the specified additional court costs that the | 227 |
section of the Revised Code specifically requires the court to | 228 |
impose unless the court determines that the offender is indigent | 229 |
and the court waives the payment of all court costs imposed upon | 230 |
the offender. | 231 |
Sec. 2949.095. (A) The court in which any person is | 232 |
convicted of or pleads guilty to any sexually oriented offense | 233 |
shall impose the sum of one hundred dollars as costs in the case | 234 |
in addition to any other court costs that the court is required by | 235 |
law to impose upon the offender. | 236 |
The clerk may retain one dollar out of each one | 237 |
hundred-dollar court cost collected under this division as a | 238 |
service charge of the clerk's office. The clerk of the court shall | 239 |
transmit on or before the twentieth day of the following month all | 240 |
moneys collected pursuant to this division during a month, after | 241 |
deduction of any service charges allowed and retained under this | 242 |
division, to the treasurer of state. The treasurer of state shall | 243 |
deposit all moneys received pursuant to this section into the | 244 |
state treasury to the credit of the rape crisis trust fund | 245 |
established under section 109.921 of the Revised Code. The court | 246 |
shall not waive the payment of the additional one hundred-dollar | 247 |
court cost unless the court determines that the offender is | 248 |
indigent and waives the payment of all court costs imposed upon | 249 |
the indigent offender. | 250 |
(B) Whenever a person is charged with any sexually oriented | 251 |
offense and posts bail, the court shall add to the amount of the | 252 |
bail the one hundred dollars required to be paid by division (A) | 253 |
of this section. The clerk of the court shall retain the one | 254 |
hundred dollars until the person is convicted, pleads guilty, | 255 |
forfeits bail, is found not guilty, or has the charges dismissed. | 256 |
If the person is convicted, pleads guilty, or forfeits bail, the | 257 |
clerk may retain one dollar out of each one hundred-dollar court | 258 |
cost collected under this division as a service charge of the | 259 |
clerk's office. The clerk shall transmit the one hundred dollars, | 260 |
after deduction of any service charges allowed and retained under | 261 |
this division, on or before the twentieth day of the month | 262 |
following the month in which the person was convicted, pleaded | 263 |
guilty, or forfeited bail to the treasurer of state. The treasurer | 264 |
of state shall deposit that money into the state treasury to the | 265 |
credit of the rape crisis trust fund established under section | 266 |
109.921 of the Revised Code. If the person is found not guilty or | 267 |
the charges are dismissed, the clerk shall return the one hundred | 268 |
dollars to the person. | 269 |
(C) No person shall be placed or held in a detention facility | 270 |
for failing to pay the additional one hundred-dollar court cost or | 271 |
bail required to be paid by this section. | 272 |
(D) As used in this section: | 273 |
(1) "Bail" has the same meaning as in section 2743.70 of the | 274 |
Revised Code. | 275 |
(2) "Sexually oriented offense" has the same meaning as in | 276 |
section 2950.01 of the Revised Code. | 277 |
Section 2. That existing sections 109.91, 2743.70, and | 278 |
2949.092 of the Revised Code are hereby repealed. | 279 |