Bill Title: To eliminate the period of limitations for a minor to file a victim's reparations application and for the filing of supplemental reparations applications and to increase the court costs for certain misdemeanors that fund the Reparations Fund.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-11-25 - To Judiciary
[HB674 Detail]Download: Ohio-2013-HB674-Introduced.html
As Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Budish, Celebrezze
Cosponsor:
Representative Antonio
A BILL
| To amend sections 2743.56, 2743.68, 2743.70, and | 1 |
|
2743.71 of the Revised Code to eliminate the | 2 |
|
period of limitations for a minor to file a | 3 |
|
victim's reparations application and for the | 4 |
|
filing of supplemental reparations applications | 5 |
|
and to increase the court costs for certain | 6 |
|
misdemeanors that fund the Reparations Fund. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.56, 2743.68, 2743.70, and | 8 |
2743.71 of the Revised Code be amended to read as follows: | 9 |
Sec. 2743.56. (A) A claim for an award of reparations shall | 10 |
be commenced by filing an application for an award of reparations | 11 |
with the attorney general. The application may be filed by mail. | 12 |
If the application is filed by mail, the post-marked date of the | 13 |
application shall be considered the filing date of the | 14 |
application. The application shall be in a form prescribed by the | 15 |
attorney general and shall include a release authorizing the | 16 |
attorney general and the court of claims to obtain any report, | 17 |
document, or information that relates to the determination of the | 18 |
claim for an award of reparations that is requested in the | 19 |
application. | 20 |
(B) All applications for an award of reparations shall be | 21 |
filed as follows: | 22 |
(1) If the victim of the criminally injurious conduct was a | 23 |
minor, within two years of the victim's eighteenth birthday or | 24 |
within two years from the date a complaint, indictment, or | 25 |
information is filed against the alleged offender, whichever is | 26 |
later. This division does not require that a complaint, | 27 |
indictment, or information be filed against an alleged offender in | 28 |
order for an application for an award of reparations to be filed | 29 |
pertaining to a victim who was a minor if the application is filed | 30 |
within two years of the victim's eighteenth birthday, and does not | 31 |
affect the provisions of section 2743.64 of the Revised Code. | 32 |
(2) If the victim of the criminally injurious conduct was an | 33 |
adult, at any time after the occurrence of the criminally | 34 |
injurious conduct. | 35 |
Sec. 2743.68. A claimant may file a supplemental reparations | 36 |
application in a claim if the attorney general or the court of | 37 |
claims, within five years prior to the filing of the supplemental | 38 |
application, has made any of the following determinations: | 39 |
(A) That an award, supplemental award, or installment award | 40 |
be granted; | 41 |
(B) That an award, supplemental award, or installment award | 42 |
be conditioned or denied because of actual or potential recovery | 43 |
from a collateral source; | 44 |
(C) That an award, supplemental award, or installment award | 45 |
be denied because the claimant had not incurred any economic loss | 46 |
at that time. | 47 |
Sec. 2743.70. (A)(1) The court, in which any person is | 48 |
convicted of or pleads guilty to any offense other than a traffic | 49 |
offense that is not a moving violation, shall impose the following | 50 |
sum as costs in the case in addition to any other court costs that | 51 |
the court is required by law to impose upon the offender: | 52 |
(a) Thirty dollars, if the offense is a felony; | 53 |
(b) NineEleven dollars, if the offense is a misdemeanor. | 54 |
The court shall not waive the payment of the thirtythirty- | 55 |
or nine dollarseleven-dollar court costscost, unless the court | 56 |
determines that the offender is indigent and waives the payment of | 57 |
all court costs imposed upon the indigent offender. All such | 58 |
moneys shall be transmitted on the first business day of each | 59 |
month by the clerk of the court to the treasurer of state and | 60 |
deposited by the treasurer in the reparations fund. | 61 |
(2) The juvenile court in which a child is found to be a | 62 |
delinquent child or a juvenile traffic offender for an act which, | 63 |
if committed by an adult, would be an offense other than a traffic | 64 |
offense that is not a moving violation, shall impose the following | 65 |
sum as costs in the case in addition to any other court costs that | 66 |
the court is required or permitted by law to impose upon the | 67 |
delinquent child or juvenile traffic offender: | 68 |
(a) Thirty dollars, if the act, if committed by an adult, | 69 |
would be a felony; | 70 |
(b) NineEleven dollars, if the act, if committed by an | 71 |
adult, would be a misdemeanor. | 72 |
The thirtythirty- or nine dollarseleven-dollar court costs | 73 |
cost shall be collected in all cases unless the court determines | 74 |
the juvenile is indigent and waives the payment of all court | 75 |
costs, or enters an order on its journal stating that it has | 76 |
determined that the juvenile is indigent, that no other court | 77 |
costs are to be taxed in the case, and that the payment of the | 78 |
thirtythirty- or nine dollarseleven-dollar court costscost is | 79 |
waived. All such moneys collected during a month shall be | 80 |
transmitted on or before the twentieth day of the following month | 81 |
by the clerk of the court to the treasurer of state and deposited | 82 |
by the treasurer in the reparations fund. | 83 |
(B) Whenever a person is charged with any offense other than | 84 |
a traffic offense that is not a moving violation and posts bail | 85 |
pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 86 |
Criminal Rule 46, or Traffic Rule 4, the court shall add to the | 87 |
amount of the bail the thirty or nineeleven dollars required to | 88 |
be paid by division (A)(1) of this section. The thirty or nine | 89 |
eleven dollars shall be retained by the clerk of the court until | 90 |
the person is convicted, pleads guilty, forfeits bail, is found | 91 |
not guilty, or has the charges dismissed. If the person is | 92 |
convicted, pleads guilty, or forfeits bail, the clerk shall | 93 |
transmit the thirty or
nineeleven dollars to the treasurer of | 94 |
state, who shall deposit it in the reparations fund. If the person | 95 |
is found not guilty or the charges are dismissed, the clerk shall | 96 |
return the thirty or nineeleven dollars to the person. | 97 |
(C) No person shall be placed or held in jail for failing to | 98 |
pay the additional thirtythirty- or nine dollarseleven-dollar | 99 |
court costscost or bail
that are required to be paid by this | 100 |
section. | 101 |
(D) As used in this section: | 102 |
(1) "Moving violation" means any violation of any statute or | 103 |
ordinance, other than section 4513.263 of the Revised Code or an | 104 |
ordinance that is substantially equivalent to that section, that | 105 |
regulates the operation of vehicles, streetcars, or trackless | 106 |
trolleys on highways or streets or that regulates size or load | 107 |
limitations or fitness requirements of vehicles. "Moving | 108 |
violation" does not include the violation of any statute or | 109 |
ordinance that regulates pedestrians or the parking of vehicles. | 110 |
(2) "Bail" means cash, a check, a money order, a credit card, | 111 |
or any other form of money that is posted by or for an offender | 112 |
pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 113 |
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from | 114 |
being placed or held in a detention facility, as defined in | 115 |
section 2921.01 of the Revised Code. | 116 |
Sec. 2743.71. (A) Any law enforcement agency that | 117 |
investigates, and any prosecuting attorney, city director of law, | 118 |
village solicitor, or similar prosecuting authority who | 119 |
prosecutes, an offense committed in this state shall, upon first | 120 |
contact with the victim or the victim's family or dependents, give | 121 |
the victim or the victim's family or dependents a copy of an | 122 |
information card or other printed material provided by the | 123 |
attorney general pursuant to division (B) of this section and | 124 |
explain, upon request, the information on the card or material to | 125 |
the victim or the victim's family or dependents. | 126 |
(B) The attorney general shall have printed, and shall | 127 |
provide to law enforcement agencies, prosecuting attorneys, city | 128 |
directors of law, village solicitors, and similar prosecuting | 129 |
authorities, cards or other materials that contain information | 130 |
explaining awards of reparations. The information on the cards or | 131 |
other materials shall include, but shall not be limited to, the | 132 |
following statements: | 133 |
(1) Awards of reparations are limited to losses that are | 134 |
caused by physical injury resulting from criminally injurious | 135 |
conduct; | 136 |
(2) Reparations applications are required toshall be filed | 137 |
within the period provided by division (B)(1) of section 2743.56 | 138 |
of the Revised Code if the victimat any time after the occurrence | 139 |
of the criminally injurious conduct was a minor; | 140 |
(3) An attorney who represents an applicant for an award of | 141 |
reparations cannot charge the applicant for the services rendered | 142 |
in relation to that representation but is required to apply to the | 143 |
attorney general for payment for the representation; | 144 |
(4) Applications for awards of reparations may be obtained | 145 |
from the attorney general, law enforcement agencies, and victim | 146 |
assistance agencies and are to be filed with the attorney general. | 147 |
(C) The attorney general may order that a reasonable amount | 148 |
of money be paid out of the reparations fund, subject to the | 149 |
limitation imposed by division (D) of this section, for use by the | 150 |
attorney general to publicize the availability of awards of | 151 |
reparations. | 152 |
(D) During any fiscal year, the total expenditure for the | 153 |
printing and providing of information cards or other materials | 154 |
pursuant to division (B) of this section and for the publicizing | 155 |
of the availability of awards of reparations pursuant to division | 156 |
(C) of this section shall not exceed two per cent of the total of | 157 |
all court costs deposited, in accordance with section 2743.70 of | 158 |
the Revised Code, in the reparations fund during the immediately | 159 |
preceding fiscal year. | 160 |
Section 2. That existing sections 2743.56, 2743.68, 2743.70, | 161 |
and 2743.71 of the Revised Code are hereby repealed. | 162 |
Section 3. The amendment to section 2743.56 of the Revised | 163 |
Code made by this act applies to all applications for an award of | 164 |
reparations filed on or after the effective date of this act. The | 165 |
amendment to section 2743.68 of the Revised Code made by this act | 166 |
applies to all applications for supplemental award of reparations | 167 |
filed on or after the effective date of this act. | 168 |