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: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-15 - To Judiciary
[SB344 Detail]Download: Ohio-2011-SB344-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
Cosponsors:
Senators Kearney, Patton, Tavares
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 |
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amended and sections 109.921 and 2949.095 of the Revised Code be | 17 |
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enacted to read as follows: | 18 |
| Sec. 109.91. (A) There is hereby established within the | 19 |
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office of the attorney general the crime victims assistance | 20 |
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office. | 21 |
| (B) There is hereby established the state victims assistance | 22 |
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advisory council. The council shall consist of a chairperson, to | 23 |
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be appointed by the attorney general, three ex officio members, | 24 |
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and fifteen members to be appointed by the attorney general as | 25 |
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follows: one member who represents the Ohio victim-witness | 26 |
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association; three members who represent local victim assistance | 27 |
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programs, including one from a municipally operated program and | 28 |
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one from a county-operated program; one member who represents the | 29 |
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interests of elderly victims; one member who is a board member of | 30 |
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any statewide or local organization that exists primarily to aid | 31 |
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victims of domestic violence, or who is an employee of, or | 32 |
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counselor for, such an organization; one member who represents | 33 |
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rape crisis centers; one member who is an employee or officer of a | 34 |
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county probation department or a probation department operated by | 35 |
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the department of rehabilitation and correction; one member who is | 36 |
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a county prosecuting attorney; one member who is a city law | 37 |
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director; one member who is a county sheriff; one member who is a | 38 |
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member or officer of a township or municipal police department; | 39 |
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one member who is a court of common pleas judge; one member who is | 40 |
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a municipal court judge or county court judge; and two members who | 41 |
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are private citizens and are not government employees. | 42 |
| The council shall include the following ex officio, nonvoting | 43 |
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members: the attorney general, one member of the senate to be | 44 |
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designated by the president of the senate, and one member of the | 45 |
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house of representatives to be designated by the speaker of the | 46 |
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house. | 47 |
| Members of the council shall serve without compensation, but | 48 |
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shall be reimbursed for travel and other necessary expenses that | 49 |
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are incurred in the conduct of their official duties as members of | 50 |
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the council. The chairperson and members of the council appointed | 51 |
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by the attorney general shall serve at the pleasure of the | 52 |
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attorney general. The attorney general shall serve on the council | 53 |
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until the end of the term of office that qualified the attorney | 54 |
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general for membership on the council. The member of the senate | 55 |
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and the member of the house of representatives shall serve at the | 56 |
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pleasure of the president of the senate and the speaker of the | 57 |
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house of representatives, respectively. | 58 |
| (C) The victims assistance advisory council shall perform | 59 |
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both of the following duties: | 60 |
| (1) Advise the crime victims assistance office in determining | 61 |
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crime and delinquency victim service needs, determining crime and | 62 |
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delinquency victim policies for the state, and improving and | 63 |
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exercising leadership in the quality of crime and delinquency | 64 |
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victim programs in the state; | 65 |
| (2) Review and recommend to the crime victims assistance | 66 |
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office the victim assistance programs that should be considered | 67 |
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for the receipt of state financial assistance pursuant to section | 68 |
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109.92 of the Revised Code. The financial assistance allocation | 69 |
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recommendations of the council shall be based on the following | 70 |
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priorities: | 71 |
| (a) Programs in existence on July 1, 1985, shall be given | 72 |
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first priority; | 73 |
| (b) Programs offering or proposing to offer the broadest | 74 |
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range of services and referrals to the community served, including | 75 |
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medical, psychological, financial, educational, vocational, and | 76 |
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legal services that were not in existence on July 1, 1985, shall | 77 |
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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 |
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Code, "victim assistance program" includes, but is not limited to | 81 |
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a program that provides at least one of the following: | 82 |
| (1) Services to victims of any offense of violence or | 83 |
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delinquent act that would be an offense of violence if committed | 84 |
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by an adult; | 85 |
| (2) Financial assistance or property repair services to | 86 |
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victims of crime or delinquent acts; | 87 |
| (3) Assistance to victims of crime or delinquent acts in | 88 |
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judicial proceedings; | 89 |
| (4) Assistance to victims of crime or delinquent acts under | 90 |
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the operation of any political subdivision of the state or a | 91 |
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branch of the criminal justice system set forth in division | 92 |
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(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code; | 93 |
| (5) Technical assistance to persons or organizations that | 94 |
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provide services to victims of crime or delinquent acts under the | 95 |
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operation of a branch of the criminal justice system set forth in | 96 |
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division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised | 97 |
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Code. | 98 |
| A victim assistance program does not include the program for | 99 |
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the reparation of crime victims established pursuant to Chapter | 100 |
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2743. of the Revised Code. | 101 |
| (E) As used in this section, "rape crisis centers" means | 102 |
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organizations and entities that operate in this state and that | 103 |
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provide one or more of the services specified in division (D) of | 104 |
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section 109.921 of the Revised Code to or for victims of sexual | 105 |
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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 |
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entity that operates in this state and that provides one or more | 109 |
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of the services specified in division (D) of this section to or | 110 |
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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 |
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2907.05, or former section 2907.12 of the Revised Code; | 114 |
| (b) A violation of an existing or former municipal ordinance | 115 |
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or law of this or any other state or the United States that is or | 116 |
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was substantially equivalent to any section listed in division | 117 |
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(A)(2)(a) of this section. | 118 |
| (B) There is hereby created in the state treasury the rape | 119 |
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crisis program trust fund, consisting of moneys paid into the fund | 120 |
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pursuant to section 2949.095 of the Revised Code out of the | 121 |
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additional court costs imposed under that section and any moneys | 122 |
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appropriated to the fund by the general assembly. The attorney | 123 |
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general shall administer the fund. The attorney general may use | 124 |
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not more than five per cent of the moneys deposited or | 125 |
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appropriated into the fund to pay costs associated with | 126 |
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administering this section and shall use at least ninety-five per | 127 |
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cent of the moneys deposited or appropriated into the fund for the | 128 |
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purpose of providing funding to eligible rape crisis centers under | 129 |
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this section. | 130 |
| (C) The attorney general shall adopt rules under Chapter 119. | 131 |
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of the Revised Code that establish procedures for eligible rape | 132 |
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crisis centers to apply to the attorney general for funding out of | 133 |
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the rape crisis program trust fund and procedures for the attorney | 134 |
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general to distribute money out of the fund to eligible rape | 135 |
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crisis centers. | 136 |
| (D) An eligible rape crisis center that receives funding out | 137 |
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of the rape crisis program trust fund shall use the money received | 138 |
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only to provide one or more of the following services to or for | 139 |
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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 |
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services. | 148 |
| Sec. 2743.70. (A)(1) The court, in which any person is | 149 |
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convicted of or pleads guilty to any offense other than a traffic | 150 |
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offense that is not a moving violation, shall impose the following | 151 |
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sum as costs in the case in addition to any other court costs that | 152 |
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the court is required by law to impose upon the offender: | 153 |
(a) ThirtyFifty dollars, if the offense is a felony; | 154 |
(b) NineFifteen dollars, if the offense is a misdemeanor. | 155 |
The court shall not waive the payment of the thirtyfifty- or | 156 |
nine dollarsfifteen-dollar court costscost, unless the court | 157 |
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determines that the offender is indigent and waives the payment of | 158 |
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all court costs imposed upon the indigent offender. All such | 159 |
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moneys shall be transmitted on the first business day of each | 160 |
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month by the clerk of the court to the treasurer of state and | 161 |
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deposited by the treasurer in the reparations fund. | 162 |
| (2) The juvenile court in which a child is found to be a | 163 |
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delinquent child or a juvenile traffic offender for an act which, | 164 |
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if committed by an adult, would be an offense other than a traffic | 165 |
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offense that is not a moving violation, shall impose the following | 166 |
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sum as costs in the case in addition to any other court costs that | 167 |
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the court is required or permitted by law to impose upon the | 168 |
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delinquent child or juvenile traffic offender: | 169 |
(a) ThirtyFifty dollars, if the act, if committed by an | 170 |
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adult, would be a felony; | 171 |
(b) NineFifteen dollars, if the act, if committed by an | 172 |
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adult, would be a misdemeanor. | 173 |
The thirtyfifty- or nine dollarsfifteen-dollar court costs | 174 |
| cost shall be collected in all cases unless the court determines | 175 |
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the juvenile is indigent and waives the payment of all court | 176 |
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costs, or enters an order on its journal stating that it has | 177 |
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determined that the juvenile is indigent, that no other court | 178 |
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costs are to be taxed in the case, and that the payment of the | 179 |
thirtyfifty- or nine dollarsfifteen-dollar court costscost is | 180 |
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waived. All such moneys collected during a month shall be | 181 |
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transmitted on or before the twentieth day of the following month | 182 |
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by the clerk of the court to the treasurer of state and deposited | 183 |
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by the treasurer in the reparations fund. | 184 |
| (B) Whenever a person is charged with any offense other than | 185 |
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a traffic offense that is not a moving violation and posts bail | 186 |
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pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 187 |
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Criminal Rule 46, or Traffic Rule 4, the court shall add to the | 188 |
amount of the bail the thirtyfifty or ninefifteen dollars | 189 |
required to be paid by division (A)(1) of this section. The thirty | 190 |
fifty or ninefifteen dollars shall be retained by the clerk of | 191 |
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the court until the person is convicted, pleads guilty, forfeits | 192 |
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bail, is found not guilty, or has the charges dismissed. If the | 193 |
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person is convicted, pleads guilty, or forfeits bail, the clerk | 194 |
shall transmit the thirtyfifty or ninefifteen dollars to the | 195 |
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treasurer of state, who shall deposit it in the reparations fund. | 196 |
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If the person is found not guilty or the charges are dismissed, | 197 |
the clerk shall return the thirtyfifty or ninefifteen dollars to | 198 |
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the person. | 199 |
| (C) No person shall be placed or held in jail for failing to | 200 |
pay the additional thirtyfifty- or nine dollarsfifteen-dollar | 201 |
court costscost or bail that are required to be paid by this | 202 |
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section. | 203 |
| (D) As used in this section: | 204 |
| (1) "Moving violation" means any violation of any statute or | 205 |
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ordinance, other than section 4513.263 of the Revised Code or an | 206 |
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ordinance that is substantially equivalent to that section, that | 207 |
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regulates the operation of vehicles, streetcars, or trackless | 208 |
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trolleys on highways or streets or that regulates size or load | 209 |
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limitations or fitness requirements of vehicles. "Moving | 210 |
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violation" does not include the violation of any statute or | 211 |
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ordinance that regulates pedestrians or the parking of vehicles. | 212 |
| (2) "Bail" means cash, a check, a money order, a credit card, | 213 |
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or any other form of money that is posted by or for an offender | 214 |
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pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 215 |
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Criminal Rule 46, or Traffic Rule 4 to prevent the offender from | 216 |
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being placed or held in a detention facility, as defined in | 217 |
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section 2921.01 of the Revised Code. | 218 |
| Sec. 2949.092. If a person is convicted of or pleads guilty | 219 |
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to an offense and the court specifically is required, pursuant to | 220 |
section 2743.70, 2949.091, 2949.093, or 2949.094, or 2949.095 of | 221 |
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the Revised Code or pursuant to any other section of the Revised | 222 |
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Code to impose a specified sum of money as costs in the case in | 223 |
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addition to any other costs that the court is required or | 224 |
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permitted by law to impose in the case, the court shall not waive | 225 |
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the payment of the specified additional court costs that the | 226 |
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section of the Revised Code specifically requires the court to | 227 |
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impose unless the court determines that the offender is indigent | 228 |
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and the court waives the payment of all court costs imposed upon | 229 |
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the offender. | 230 |
| Sec. 2949.095. (A) The court in which any person is | 231 |
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convicted of or pleads guilty to any sexually oriented offense | 232 |
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shall impose the sum of one hundred dollars as costs in the case | 233 |
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in addition to any other court costs that the court is required by | 234 |
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law to impose upon the offender. | 235 |
| The clerk may retain one dollar out of each | 236 |
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one-hundred-dollar court cost collected under this division as a | 237 |
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service charge of the clerk's office. The clerk of the court shall | 238 |
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transmit on or before the twentieth day of the following month all | 239 |
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moneys collected pursuant to this division during a month, after | 240 |
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deduction of any service charges allowed and retained under this | 241 |
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division, to the treasurer of state. The treasurer of state shall | 242 |
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deposit all moneys received pursuant to this section into the | 243 |
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state treasury to the credit of the rape crisis trust fund | 244 |
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established under section 109.921 of the Revised Code. The court | 245 |
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shall not waive the payment of the additional one-hundred-dollar | 246 |
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court cost unless the court determines that the offender is | 247 |
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indigent and waives the payment of all court costs imposed upon | 248 |
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the indigent offender. | 249 |
| (B) Whenever a person is charged with any sexually oriented | 250 |
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offense and posts bail, the court shall add to the amount of the | 251 |
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bail the one hundred dollars required to be paid by division (A) | 252 |
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of this section. The clerk of the court shall retain the one | 253 |
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hundred dollars until the person is convicted, pleads guilty, | 254 |
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forfeits bail, is found not guilty, or has the charges dismissed. | 255 |
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If the person is convicted, pleads guilty, or forfeits bail, the | 256 |
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clerk may retain one dollar out of each one-hundred-dollar court | 257 |
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cost collected under this division as a service charge of the | 258 |
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clerk's office. The clerk shall transmit the one hundred dollars, | 259 |
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after deduction of any service charges allowed and retained under | 260 |
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this division, on or before the twentieth day of the month | 261 |
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following the month in which the person was convicted, pleaded | 262 |
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guilty, or forfeited bail to the treasurer of state. The treasurer | 263 |
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of state shall deposit that money into the state treasury to the | 264 |
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credit of the rape crisis trust fund established under section | 265 |
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109.921 of the Revised Code. If the person is found not guilty or | 266 |
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the charges are dismissed, the clerk shall return the one hundred | 267 |
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dollars to the person. | 268 |
| (C) No person shall be placed or held in a detention facility | 269 |
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for failing to pay the additional one-hundred-dollar court cost or | 270 |
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bail required to be paid by this section. | 271 |
| (D) As used in this section: | 272 |
| (1) "Bail" has the same meaning as in section 2743.70 of the | 273 |
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Revised Code. | 274 |
| (2) "Sexually oriented offense" has the same meaning as in | 275 |
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section 2950.01 of the Revised Code. | 276 |
| Section 2. That existing sections 109.91, 2743.70, and | 277 |
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2949.092 of the Revised Code are hereby repealed. | 278 |
