Bill Text: OH HB488 | 2011-2012 | 129th General Assembly | Introduced

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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

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 488

Representatives Baker, Slaby 

Cosponsors: Representatives Antonio, Boyd, Derickson, Foley, Gardner, Gonzales, Hagan, C., Letson, Stebelton 

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A BILL

To amend sections 109.91, 2743.70, and 2949.092 and

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to enact sections 109.921 and 2949.095 of the

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Revised Code to generally impose an additional

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court cost of $100 for a felony or misdemeanor in

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cases in which a person is convicted of a sexually

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oriented offense; to require the deposit of the

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additional court cost into the Rape Crisis Program

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Trust Fund administered by the Attorney General;

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to fund rape crisis centers out of the Fund; to

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increase to $50 for a felony and $15 for a

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misdemeanor the additional court cost that is

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charged to fund the Reparations Fund; and to add a

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representative of rape crisis centers as a member

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of the State Victims Assistance Advisory

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Committee.

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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.

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(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:

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(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:

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(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;

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(2) Information and referral services;

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(3) Crisis-intervention services;

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(4) Advocacy and support services;

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(5) Therapy services;

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(6) Service coordination;

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(7) Programs to promote community awareness of available	147
services;	148

(8) Medical intervention.

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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;

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(b) NineFifteen dollars, if the offense is a misdemeanor.

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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:

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(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