Bill Text: OH HB526 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To make restitution mandatory in cases of felonies and misdemeanor offenses of violence, to modify the determination and enforcement of restitution, and to enhance the participation of crime victims and crime victim advocates in the sentencing or disposition and judicial or early release of offenders and delinquent children.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2010-05-24 - To Criminal Justice [HB526 Detail]

Download: Ohio-2009-HB526-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 526

Representatives Pryor, Stewart 

Cosponsors: Representatives Beck, Domenick 

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A BILL

To amend sections 2929.18, 2929.20, 2929.22, 2929.28,

1

2930.01, 2930.02, 2930.06, 2930.08, 2930.14,

2

2930.17, and 2930.19 and to enact section 2929.281

3

of the Revised Code to make restitution mandatory

4

in cases of felonies and misdemeanor offenses of

5

violence, to modify the determination and

6

enforcement of restitution, and to enhance the

7

participation of crime victims and crime victim

8

advocates in the sentencing or disposition and

9

judicial or early release of offenders and

10

delinquent children.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2929.18, 2929.20, 2929.22, 2929.28,	12
2930.01, 2930.02, 2930.06, 2930.08, 2930.14, 2930.17, and 2930.19	13
be amended and section 2929.281 of the Revised Code be enacted to	14
read as follows:	15

Sec. 2929.18.  (A) Except as otherwise provided in this	16
division and in addition to imposing court costs pursuant to	17
section 2947.23 of the Revised Code, the court imposing a sentence	18
upon an offender for a felony may sentence the offender to any	19
financial sanction or combination of financial sanctions	20
authorized under this section or, in the circumstances specified	21
in section 2929.32 of the Revised Code, may impose upon the	22
offender a fine in accordance with that section, and shall	23
sentence the offender to make restitution pursuant to this section	24
and section 2929.281 of the Revised Code. Financial sanctions that	25
either are required to be or may be imposed pursuant to this	26
section include, but are not limited to, the following:	27

(1) Restitution by the offender to the victim of the	28
offender's crime or any survivor of the victim, in an amount based	29
on the victim's economic loss. If the court imposes restitution,	30
theThe court shall order that thefull restitution be made to the	31
victim in open court, to the adult probation department that	32
serves the county on behalf of the victim, to the clerk of courts,	33
or to another agency designated by the court. If the court imposes	34
restitution, atAt sentencing, the court shall determine the	35
amount of restitution to be made by the offender. If the court	36
imposes restitution, the court may base the amount of restitution	37
it orders on an amount recommended by the victim, the offender, a	38
presentence investigation report, estimates or receipts indicating	39
the cost of repairing or replacing property, and other	40
information, provided that theThe prosecuting attorney, the	41
prosecuting attorney's designee, or the probation department upon	42
agreement with the prosecuting attorney, shall, and the offender	43
may, present evidence relevant to the determination of the amount	44
of restitution. The amount the court orders as restitution shall	45
not exceed the amount of the economic loss suffered by the victim	46
as a direct and proximate result of the commission of the offense.	47
If the court decides to impose restitution, theThe court shall	48
hold a hearing on restitution if the offender, victim, or survivor	49
disputes the amount. Whether or not the court holds a hearing, the	50
court shall determine the amount of full restitution by a	51
preponderance of the evidence. All restitution payments shall be	52
credited against any recovery of economic loss in a civil action	53
brought by the victim or any survivor of the victim against the	54
offender.	55

If the court imposes restitution, theThe court may order	56
that the offender pay a surcharge of not more than five per cent	57
of the amount of the restitution otherwise ordered to the entity	58
responsible for collecting and processing restitution payments.	59

The victim or survivor may request that the prosecutor in the	60
case file a motion, or the offender may file a motion, for	61
modification of the payment terms of any restitution ordered. If	62
the court grants the motion, it may modify the payment terms as it	63
determines appropriate.	64

(2) Except as provided in division (B)(1), (3), or (4) of	65
this section, a fine payable by the offender to the state, to a	66
political subdivision, or as described in division (B)(2) of this	67
section to one or more law enforcement agencies, with the amount	68
of the fine based on a standard percentage of the offender's daily	69
income over a period of time determined by the court and based	70
upon the seriousness of the offense. A fine ordered under this	71
division shall not exceed the maximum conventional fine amount	72
authorized for the level of the offense under division (A)(3) of	73
this section.	74

(3) Except as provided in division (B)(1), (3), or (4) of	75
this section, a fine payable by the offender to the state, to a	76
political subdivision when appropriate for a felony, or as	77
described in division (B)(2) of this section to one or more law	78
enforcement agencies, in the following amount:	79

(a) For a felony of the first degree, not more than twenty	80
thousand dollars;	81

(b) For a felony of the second degree, not more than fifteen	82
thousand dollars;	83

(c) For a felony of the third degree, not more than ten	84
thousand dollars;	85

(d) For a felony of the fourth degree, not more than five	86
thousand dollars;	87

(e) For a felony of the fifth degree, not more than two	88
thousand five hundred dollars.	89

(4) A state fine or costs as defined in section 2949.111 of	90
the Revised Code.	91

(5)(a) Reimbursement by the offender of any or all of the	92
costs of sanctions incurred by the government, including the	93
following:	94

(i) All or part of the costs of implementing any community	95
control sanction, including a supervision fee under section	96
2951.021 of the Revised Code;	97

(ii) All or part of the costs of confinement under a sanction	98
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	99
Revised Code, provided that the amount of reimbursement ordered	100
under this division shall not exceed the total amount of	101
reimbursement the offender is able to pay as determined at a	102
hearing and shall not exceed the actual cost of the confinement;	103

(iii) All or part of the cost of purchasing and using an	104
immobilizing or disabling device, including a certified ignition	105
interlock device, or a remote alcohol monitoring device that a	106
court orders an offender to use under section 4510.13 of the	107
Revised Code.	108

(b) If the offender is sentenced to a sanction of confinement	109
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	110
to be served in a facility operated by a board of county	111
commissioners, a legislative authority of a municipal corporation,	112
or another local governmental entity, if, pursuant to section	113
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	114
or 2947.19 of the Revised Code and section 2929.37 of the Revised	115
Code, the board, legislative authority, or other local	116
governmental entity requires prisoners to reimburse the county,	117
municipal corporation, or other entity for its expenses incurred	118
by reason of the prisoner's confinement, and if the court does not	119
impose a financial sanction under division (A)(5)(a)(ii) of this	120
section, confinement costs may be assessed pursuant to section	121
2929.37 of the Revised Code. In addition, the offender may be	122
required to pay the fees specified in section 2929.38 of the	123
Revised Code in accordance with that section.	124

(c) Reimbursement by the offender for costs pursuant to	125
section 2929.71 of the Revised Code.	126

(B)(1) For a first, second, or third degree felony violation	127
of any provision of Chapter 2925., 3719., or 4729. of the Revised	128
Code, the sentencing court shall impose upon the offender a	129
mandatory fine of at least one-half of, but not more than, the	130
maximum statutory fine amount authorized for the level of the	131
offense pursuant to division (A)(3) of this section. If an	132
offender alleges in an affidavit filed with the court prior to	133
sentencing that the offender is indigent and unable to pay the	134
mandatory fine and if the court determines the offender is an	135
indigent person and is unable to pay the mandatory fine described	136
in this division, the court shall not impose the mandatory fine	137
upon the offender.	138

(2) Any mandatory fine imposed upon an offender under	139
division (B)(1) of this section and any fine imposed upon an	140
offender under division (A)(2) or (3) of this section for any	141
fourth or fifth degree felony violation of any provision of	142
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	143
to law enforcement agencies pursuant to division (F) of section	144
2925.03 of the Revised Code.	145

(3) For a fourth degree felony OVI offense and for a third	146
degree felony OVI offense, the sentencing court shall impose upon	147
the offender a mandatory fine in the amount specified in division	148
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	149
is applicable. The mandatory fine so imposed shall be disbursed as	150
provided in the division pursuant to which it is imposed.	151

(4) Notwithstanding any fine otherwise authorized or required	152
to be imposed under division (A)(2) or (3) or (B)(1) of this	153
section or section 2929.31 of the Revised Code for a violation of	154
section 2925.03 of the Revised Code, in addition to any penalty or	155
sanction imposed for that offense under section 2925.03 or	156
sections 2929.11 to 2929.18 of the Revised Code and in addition to	157
the forfeiture of property in connection with the offense as	158
prescribed in Chapter 2981. of the Revised Code, the court that	159
sentences an offender for a violation of section 2925.03 of the	160
Revised Code may impose upon the offender a fine in addition to	161
any fine imposed under division (A)(2) or (3) of this section and	162
in addition to any mandatory fine imposed under division (B)(1) of	163
this section. The fine imposed under division (B)(4) of this	164
section shall be used as provided in division (H) of section	165
2925.03 of the Revised Code. A fine imposed under division (B)(4)	166
of this section shall not exceed whichever of the following is	167
applicable:	168

(a) The total value of any personal or real property in which	169
the offender has an interest and that was used in the course of,	170
intended for use in the course of, derived from, or realized	171
through conduct in violation of section 2925.03 of the Revised	172
Code, including any property that constitutes proceeds derived	173
from that offense;	174

(b) If the offender has no interest in any property of the	175
type described in division (B)(4)(a) of this section or if it is	176
not possible to ascertain whether the offender has an interest in	177
any property of that type in which the offender may have an	178
interest, the amount of the mandatory fine for the offense imposed	179
under division (B)(1) of this section or, if no mandatory fine is	180
imposed under division (B)(1) of this section, the amount of the	181
fine authorized for the level of the offense imposed under	182
division (A)(3) of this section.	183

(5) Prior to imposing a fine under division (B)(4) of this	184
section, the court shall determine whether the offender has an	185
interest in any property of the type described in division	186
(B)(4)(a) of this section. Except as provided in division (B)(6)	187
or (7) of this section, a fine that is authorized and imposed	188
under division (B)(4) of this section does not limit or affect the	189
imposition of the penalties and sanctions for a violation of	190
section 2925.03 of the Revised Code prescribed under those	191
sections or sections 2929.11 to 2929.18 of the Revised Code and	192
does not limit or affect a forfeiture of property in connection	193
with the offense as prescribed in Chapter 2981. of the Revised	194
Code.	195

(6) If the sum total of a mandatory fine amount imposed for a	196
first, second, or third degree felony violation of section 2925.03	197
of the Revised Code under division (B)(1) of this section plus the	198
amount of any fine imposed under division (B)(4) of this section	199
does not exceed the maximum statutory fine amount authorized for	200
the level of the offense under division (A)(3) of this section or	201
section 2929.31 of the Revised Code, the court may impose a fine	202
for the offense in addition to the mandatory fine and the fine	203
imposed under division (B)(4) of this section. The sum total of	204
the amounts of the mandatory fine, the fine imposed under division	205
(B)(4) of this section, and the additional fine imposed under	206
division (B)(6) of this section shall not exceed the maximum	207
statutory fine amount authorized for the level of the offense	208
under division (A)(3) of this section or section 2929.31 of the	209
Revised Code. The clerk of the court shall pay any fine that is	210
imposed under division (B)(6) of this section to the county,	211
township, municipal corporation, park district as created pursuant	212
to section 511.18 or 1545.04 of the Revised Code, or state law	213
enforcement agencies in this state that primarily were responsible	214
for or involved in making the arrest of, and in prosecuting, the	215
offender pursuant to division (F) of section 2925.03 of the	216
Revised Code.	217

(7) If the sum total of the amount of a mandatory fine	218
imposed for a first, second, or third degree felony violation of	219
section 2925.03 of the Revised Code plus the amount of any fine	220
imposed under division (B)(4) of this section exceeds the maximum	221
statutory fine amount authorized for the level of the offense	222
under division (A)(3) of this section or section 2929.31 of the	223
Revised Code, the court shall not impose a fine under division	224
(B)(6) of this section.	225

(8)(a) If an offender who is convicted of or pleads guilty to	226
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	227
2923.32, division (A)(1) or (2) of section 2907.323, or division	228
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	229
Code also is convicted of or pleads guilty to a specification of	230
the type described in section 2941.1422 of the Revised Code that	231
charges that the offender knowingly committed the offense in	232
furtherance of human trafficking, the sentencing court shall	233
sentence the offender to a financial sanction of restitution by	234
the offender to the victim or any survivor of the victim, with the	235
restitution including the costs of housing, counseling, and	236
medical and legal assistance incurred by the victim as a direct	237
result of the offense and the greater of the following:	238

(i) The gross income or value to the offender of the victim's	239
labor or services;	240

(ii) The value of the victim's labor as guaranteed under the	241
minimum wage and overtime provisions of the "Federal Fair Labor	242
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state	243
labor laws.	244

(b) If a court imposing sentence upon an offender for a	245
felony is required to impose upon the offender a financial	246
sanction of restitution under division (B)(8)(a) of this section,	247
in addition to that financial sanction of restitution, the court	248
may sentence the offender to any other financial sanction or	249
combination of financial sanctions authorized under this section,	250
including a restitution sanction under division (A)(1) of this	251
section.	252

(C)(1) The offender shall pay reimbursements imposed upon the	253
offender pursuant to division (A)(5)(a) of this section to pay the	254
costs incurred by the department of rehabilitation and correction	255
in operating a prison or other facility used to confine offenders	256
pursuant to sanctions imposed under section 2929.14, 2929.142, or	257
2929.16 of the Revised Code to the treasurer of state. The	258
treasurer of state shall deposit the reimbursements in the	259
confinement cost reimbursement fund that is hereby created in the	260
state treasury. The department of rehabilitation and correction	261
shall use the amounts deposited in the fund to fund the operation	262
of facilities used to confine offenders pursuant to sections	263
2929.14, 2929.142, and 2929.16 of the Revised Code.	264

(2) Except as provided in section 2951.021 of the Revised	265
Code, the offender shall pay reimbursements imposed upon the	266
offender pursuant to division (A)(5)(a) of this section to pay the	267
costs incurred by a county pursuant to any sanction imposed under	268
this section or section 2929.16 or 2929.17 of the Revised Code or	269
in operating a facility used to confine offenders pursuant to a	270
sanction imposed under section 2929.16 of the Revised Code to the	271
county treasurer. The county treasurer shall deposit the	272
reimbursements in the sanction cost reimbursement fund that each	273
board of county commissioners shall create in its county treasury.	274
The county shall use the amounts deposited in the fund to pay the	275
costs incurred by the county pursuant to any sanction imposed	276
under this section or section 2929.16 or 2929.17 of the Revised	277
Code or in operating a facility used to confine offenders pursuant	278
to a sanction imposed under section 2929.16 of the Revised Code.	279

(3) Except as provided in section 2951.021 of the Revised	280
Code, the offender shall pay reimbursements imposed upon the	281
offender pursuant to division (A)(5)(a) of this section to pay the	282
costs incurred by a municipal corporation pursuant to any sanction	283
imposed under this section or section 2929.16 or 2929.17 of the	284
Revised Code or in operating a facility used to confine offenders	285
pursuant to a sanction imposed under section 2929.16 of the	286
Revised Code to the treasurer of the municipal corporation. The	287
treasurer shall deposit the reimbursements in a special fund that	288
shall be established in the treasury of each municipal	289
corporation. The municipal corporation shall use the amounts	290
deposited in the fund to pay the costs incurred by the municipal	291
corporation pursuant to any sanction imposed under this section or	292
section 2929.16 or 2929.17 of the Revised Code or in operating a	293
facility used to confine offenders pursuant to a sanction imposed	294
under section 2929.16 of the Revised Code.	295

(4) Except as provided in section 2951.021 of the Revised	296
Code, the offender shall pay reimbursements imposed pursuant to	297
division (A)(5)(a) of this section for the costs incurred by a	298
private provider pursuant to a sanction imposed under this section	299
or section 2929.16 or 2929.17 of the Revised Code to the provider.	300

(D) Except as otherwise provided in this division, a	301
financial sanction imposed pursuant to division (A) or (B) of this	302
section is a judgment in favor of the state or a political	303
subdivision in which the court that imposed the financial sanction	304
is located, and the offender subject to the financial sanction is	305
the judgment debtor. A financial sanction of reimbursement imposed	306
pursuant to division (A)(5)(a)(ii) of this section upon an	307
offender who is incarcerated in a state facility or a municipal	308
jail is a judgment in favor of the state or the municipal	309
corporation, and the offender subject to the financial sanction is	310
the judgment debtor. A financial sanction of reimbursement imposed	311
upon an offender pursuant to this section for costs incurred by a	312
private provider of sanctions is a judgment in favor of the	313
private provider, and the offender subject to the financial	314
sanction is the judgment debtor. A financial sanction of	315
restitution imposed pursuant to division (A)(1) or (B)(8) of this	316
section is an order in favor of the victim of the offender's	317
criminal act that can be collected through execution as described	318
in division (D)(1) of this section or through an order as	319
described in division (D)(2) of this section, and the offender	320
shall be considered for purposes of the collection as the judgment	321
debtor. Imposition of a financial sanction and execution on the	322
judgment does not preclude any other power of the court to impose	323
or enforce sanctions on the offender. Once the financial sanction	324
is imposed as a judgment or order under this division, the victim,	325
private provider, state, or political subdivision may bring an	326
action to do any of the following:	327

(1) Obtain execution of the judgment or order through any	328
available procedure, including:	329

(a) An execution against the property of the judgment debtor	330
under Chapter 2329. of the Revised Code;	331

(b) An execution against the person of the judgment debtor	332
under Chapter 2331. of the Revised Code;	333

(c) A proceeding in aid of execution under Chapter 2333. of	334
the Revised Code, including:	335

(i) A proceeding for the examination of the judgment debtor	336
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	337
of the Revised Code;	338

(ii) A proceeding for attachment of the person of the	339
judgment debtor under section 2333.28 of the Revised Code;	340

(iii) A creditor's suit under section 2333.01 of the Revised	341
Code.	342

(d) The attachment of the property of the judgment debtor	343
under Chapter 2715. of the Revised Code;	344

(e) The garnishment of the property of the judgment debtor	345
under Chapter 2716. of the Revised Code.	346

(2) Obtain an order for the assignment of wages of the	347
judgment debtor under section 1321.33 of the Revised Code.	348

(E) A court that imposes a financial sanction upon an	349
offender may hold a hearing if necessary to determine whether the	350
offender is able to pay the sanction or is likely in the future to	351
be able to pay it.	352

(F) Each court imposing a financial sanction upon an offender	353
under this section or under section 2929.32 of the Revised Code	354
may designate the clerk of the court or another person to collect	355
the financial sanction. The clerk or other person authorized by	356
law or the court to collect the financial sanction may enter into	357
contracts with one or more public agencies or private vendors for	358
the collection of, amounts due under the financial sanction	359
imposed pursuant to this section or section 2929.32 of the Revised	360
Code. Before entering into a contract for the collection of	361
amounts due from an offender pursuant to any financial sanction	362
imposed pursuant to this section or section 2929.32 of the Revised	363
Code, a court shall comply with sections 307.86 to 307.92 of the	364
Revised Code.	365

(G) If the court imposes one or more financial sanctions in	366
addition to restitution, any amounts paid by the offender shall be	367
credited first to restitution.	368

(H) If a court that imposes a financial sanction under	369
division (A) or (B) of this section finds that an offender	370
satisfactorily has completed all other sanctions imposed upon the	371
offender and that all restitution that has been ordered has been	372
paid as ordered, the court may suspend any financial sanctions	373
imposed pursuant to this section or section 2929.32 of the Revised	374
Code that have not been paid.	375

(H)(I) No financial sanction imposed under this section or	376
section 2929.32 of the Revised Code shall preclude a victim from	377
bringing a civil action against the offender.	378

Sec. 2929.20.  (A) As used in this section:

379

(1)(a) Except as provided in division (A)(1)(b) of this	380
section, "eligible offender" means any person serving a stated	381
prison term of ten years or less when either of the following	382
applies:	383

(i) The stated prison term does not include a mandatory	384
prison term.	385

(ii) The stated prison term includes a mandatory prison term,	386
and the person has served the mandatory prison term.	387

(b) "Eligible offender" does not include any person who is	388
serving a stated prison term for any of the following criminal	389
offenses that was a felony and was committed while the person held	390
a public office in this state:	391

(i) A violation of section 2921.02, 2921.03, 2921.05,	392
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	393
Code;	394

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	395
2921.12 of the Revised Code, when the conduct constituting the	396
violation was related to the duties of the offender's public	397
office or to the offender's actions as a public official holding	398
that public office;	399

(iii) A violation of an existing or former municipal	400
ordinance or law of this or any other state or the United States	401
that is substantially equivalent to any violation listed in	402
division (A)(1)(b)(i) of this section;	403

(iv) A violation of an existing or former municipal ordinance	404
or law of this or any other state or the United States that is	405
substantially equivalent to any violation listed in division	406
(A)(1)(b)(ii) of this section, when the conduct constituting the	407
violation was related to the duties of the offender's public	408
office or to the offender's actions as a public official holding	409
that public office;	410

(v) A conspiracy to commit, attempt to commit, or complicity	411
in committing any offense listed in division (A)(1)(b)(i) or	412
described in division (A)(1)(b)(iii) of this section;	413

(vi) A conspiracy to commit, attempt to commit, or complicity	414
in committing any offense listed in division (A)(1)(b)(ii) or	415
described in division (A)(1)(b)(iv) of this section, if the	416
conduct constituting the offense that was the subject of the	417
conspiracy, that would have constituted the offense attempted, or	418
constituting the offense in which the offender was complicit was	419
or would have been related to the duties of the offender's public	420
office or to the offender's actions as a public official holding	421
that public office.	422

(2) "Public office" means any elected federal, state, or	423
local government office in this state.	424

(B) On the motion of an eligible offender or upon its own	425
motion, the sentencing court may reduce the eligible offender's	426
stated prison term through a judicial release under this section.	427

(C) An eligible offender may file a motion for judicial	428
release with the sentencing court within the following applicable	429
periods:	430

(1) If the stated prison term is less than two years, the	431
eligible offender may file the motion not earlier than thirty days	432
after the offender is delivered to a state correctional	433
institution or, if the prison term includes a mandatory prison	434
term or terms, not earlier than thirty days after the expiration	435
of all mandatory prison terms.	436

(2) If the stated prison term is at least two years but less	437
than five years, the eligible offender may file the motion not	438
earlier than one hundred eighty days after the offender is	439
delivered to a state correctional institution or, if the prison	440
term includes a mandatory prison term or terms, not earlier than	441
one hundred eighty days after the expiration of all mandatory	442
prison terms.	443

(3) If the stated prison term is five years or more but not	444
more than ten years, the eligible offender may file the motion not	445
earlier than five years after the eligible offender is delivered	446
to a state correctional institution or, if the prison term	447
includes a mandatory prison term or terms, not earlier than five	448
years after the expiration of all mandatory prison terms.	449

(D) Upon receipt of a timely motion for judicial release	450
filed by an eligible offender under division (C) of this section	451
or upon the sentencing court's own motion made within the	452
appropriate time specified in that division, the court may deny	453
the motion without a hearing or schedule a hearing on the motion.	454
The court shall not grant the motion without a hearing. If a court	455
denies a motion without a hearing, the court later may consider	456
judicial release for that eligible offender on a subsequent motion	457
filed by that eligible offender unless the court denies the motion	458
with prejudice. If a court denies a motion with prejudice, the	459
court may later consider judicial release on its own motion. If a	460
court denies a motion after a hearing, the court shall not	461
consider a subsequent motion for that eligible offender. The court	462
shall hold only one hearing for any eligible offender.	463

A hearing under this section shall be conducted in open court	464
within sixty days after the motion is filed, provided that the	465
court may delay the hearing for one hundred eighty additional	466
days. If the court holds a hearing, the court shall enter a ruling	467
on the motion within ten days after the hearing. If the court	468
denies the motion without a hearing, the court shall enter its	469
ruling on the motion within sixty days after the motion is filed.	470

(E) If a court schedules a hearing under division (D) of this	471
section, the court shall notify the eligible offender and the head	472
of the state correctional institution in which the eligible	473
offender is confined prior to the hearing. The head of the state	474
correctional institution immediately shall notify the appropriate	475
person at the department of rehabilitation and correction of the	476
hearing, and the department within twenty-four hours after receipt	477
of the notice, shall post on the database it maintains pursuant to	478
section 5120.66 of the Revised Code the offender's name and all of	479
the information specified in division (A)(1)(c)(i) of that	480
section. If the court schedules a hearing for judicial release,	481
the court promptly shall give notice of the hearing to the	482
prosecuting attorney of the county in which the eligible offender	483
was indicted. Upon receipt of the notice from the court, the	484
prosecuting attorney shall notify the victim of the offense or the	485
victim's representative pursuant to section 2930.16 of the Revised	486
Code.	487

(F) Upon an offender's successful completion of	488
rehabilitative activities, the head of the state correctional	489
institution may notify the sentencing court of the successful	490
completion of the activities.	491

(G) Prior to the date of the hearing on a motion for judicial	492
release under this section, the head of the state correctional	493
institution in which the eligible offender is confined shall send	494
to the court a report on the eligible offender's conduct in the	495
institution and in any institution from which the eligible	496
offender may have been transferred. The report shall cover the	497
eligible offender's participation in school, vocational training,	498
work, treatment, and other rehabilitative activities and any	499
disciplinary action taken against the eligible offender. The	500
report shall be made part of the record of the hearing.	501

(H) If the court grants a hearing on a motion for judicial	502
release under this section, the eligible offender shall attend the	503
hearing if ordered to do so by the court. Upon receipt of a copy	504
of the journal entry containing the order, the head of the state	505
correctional institution in which the eligible offender is	506
incarcerated shall deliver the eligible offender to the sheriff of	507
the county in which the hearing is to be held. The sheriff shall	508
convey the eligible offender to and from the hearing.	509

(I) At the hearing on a motion for judicial release under	510
this section, the court shall afford the eligible offender and the	511
eligible offender's attorney an opportunity to present written	512
and, if present, oral information relevant to the motion. The	513
court shall afford a similar opportunity to the prosecuting	514
attorney, the victim or the victim's representative, as defined in	515
section 2930.01 of the Revised Code, and any other person the	516
court determines is likely to present additional relevant	517
information. The court shall consider any statement of a victim or	518
any other harmed person made pursuant to section 2930.14 or	519
2930.17 of the Revised Code, any victim impact statement prepared	520
pursuant to section 2947.051 of the Revised Code, and any report	521
made under division (G) of this section. The court may consider	522
any written statement of any person submitted to the court	523
pursuant to division (L) of this section. After ruling on the	524
motion, the court shall notify the victim of the ruling in	525
accordance with sections 2930.03 and 2930.16 of the Revised Code.	526

(J)(1) A court shall not grant a judicial release under this	527
section to an eligible offender who is imprisoned for a felony of	528
the first or second degree, or to an eligible offender who	529
committed an offense under Chapter 2925. or 3719. of the Revised	530
Code and for whom there was a presumption under section 2929.13 of	531
the Revised Code in favor of a prison term, unless the court, with	532
reference to factors under section 2929.12 of the Revised Code,	533
finds both of the following:	534

(a) That a sanction other than a prison term would adequately	535
punish the offender and protect the public from future criminal	536
violations by the eligible offender because the applicable factors	537
indicating a lesser likelihood of recidivism outweigh the	538
applicable factors indicating a greater likelihood of recidivism;	539

(b) That a sanction other than a prison term would not demean	540
the seriousness of the offense because factors indicating that the	541
eligible offender's conduct in committing the offense was less	542
serious than conduct normally constituting the offense outweigh	543
factors indicating that the eligible offender's conduct was more	544
serious than conduct normally constituting the offense.	545

(2) A court that grants a judicial release to an eligible	546
offender under division (J)(1) of this section shall specify on	547
the record both findings required in that division and also shall	548
list all the factors described in that division that were	549
presented at the hearing.	550

(K) If the court grants a motion for judicial release under	551
this section, the court shall order the release of the eligible	552
offender, shall place the eligible offender under an appropriate	553
community control sanction, under appropriate conditions, and	554
under the supervision of the department of probation serving the	555
court and shall reserve the right to reimpose the sentence that it	556
reduced if the offender violates the sanction. If the court	557
reimposes the reduced sentence, it may do so either concurrently	558
with, or consecutive to, any new sentence imposed upon the	559
eligible offender as a result of the violation that is a new	560
offense. The period of community control shall be no longer than	561
five years. The court, in its discretion, may reduce the period of	562
community control by the amount of time the eligible offender	563
spent in jail or prison for the offense and in prison. If the	564
court made any findings pursuant to division (J)(1) of this	565
section, the court shall serve a copy of the findings upon counsel	566
for the parties within fifteen days after the date on which the	567
court grants the motion for judicial release.	568

If the court grants a motion for judicial release, the court	569
shall notify the appropriate person at the department of	570
rehabilitation and correction, and the department shall post	571
notice of the release on the database it maintains pursuant to	572
section 5120.66 of the Revised Code.	573

(L) In addition to and independent of the right of a victim	574
to make a statement pursuant to section 2930.14, 2930.17, or	575
2946.051 of the Revised Code and any right of a person to present	576
written information or make a statement pursuant to division (I)	577
of this section, any person may submit to the court, at any time	578
prior to the hearing on the offender's motion for judicial	579
release, a written statement concerning the effects of the	580
offender's crime or crimes, the circumstances surrounding the	581
crime or crimes, the manner in which the crime or crimes were	582
perpetrated, and the person's opinion as to whether the offender	583
should be released.	584

Sec. 2929.22.  (A) Unless a mandatory jail term is required	585
to be imposed by division (G) of section 1547.99, division (B) of	586
section 4510.14, division (G) of section 4511.19 of the Revised	587
Code, or any other provision of the Revised Code a court that	588
imposes a sentence under this chapter upon an offender for a	589
misdemeanor or minor misdemeanor has discretion to determine the	590
most effective way to achieve the purposes and principles of	591
sentencing set forth in section 2929.21 of the Revised Code.	592

Unless a specific sanction is required to be imposed or is	593
precluded from being imposed by the section setting forth an	594
offense or the penalty for an offense or by any provision of	595
sections 2929.23 to 2929.28 of the Revised Code, a court that	596
imposes a sentence upon an offender for a misdemeanor may impose	597
on the offender any sanction or combination of sanctions under	598
sections 2929.24 to 2929.28 of the Revised Code. The court shall	599
not impose a sentence that imposes an unnecessary burden on local	600
government resources.	601

(B)(1) In determining the appropriate sentence for a	602
misdemeanor, the court shall consider all of the following	603
factors:	604

(a) The nature and circumstances of the offense or offenses;

605

(b) Whether the circumstances regarding the offender and the	606
offense or offenses indicate that the offender has a history of	607
persistent criminal activity and that the offender's character and	608
condition reveal a substantial risk that the offender will commit	609
another offense;	610

(c) Whether the circumstances regarding the offender and the	611
offense or offenses indicate that the offender's history,	612
character, and condition reveal a substantial risk that the	613
offender will be a danger to others and that the offender's	614
conduct has been characterized by a pattern of repetitive,	615
compulsive, or aggressive behavior with heedless indifference to	616
the consequences;	617

(d) Whether the victim's youth, age, disability, or other	618
factor made the victim particularly vulnerable to the offense or	619
made the impact of the offense more serious;	620

(e) Whether the offender is likely to commit future crimes in	621
general, in addition to the circumstances described in divisions	622
(B)(1)(b) and (c) of this section.	623

(2) In determining the appropriate sentence for a	624
misdemeanor, in addition to complying with division (B)(1) of this	625
section, the court may consider any other factors that are	626
relevant to achieving the purposes and principles of sentencing	627
set forth in section 2929.21 of the Revised Code.	628

(C) Before imposing a jail term as a sentence for a	629
misdemeanor, a court shall consider the appropriateness of	630
imposing a community control sanction or a combination of	631
community control sanctions under sections 2929.25, 2929.26,	632
2929.27, and 2929.28 of the Revised Code. A court may impose the	633
longest jail term authorized under section 2929.24 of the Revised	634
Code only upon offenders who commit the worst forms of the offense	635
or upon offenders whose conduct and response to prior sanctions	636
for prior offenses demonstrate that the imposition of the longest	637
jail term is necessary to deter the offender from committing a	638
future crime.	639

(D)(1) A sentencing court shall consider any relevant oral or	640
written statement made by the victim, any other harmed person	641
under section 2930.14 of the Revised Code, the defendant, the	642
defense attorney, or the prosecuting authority regarding	643
sentencing for a misdemeanor. This division does not create any	644
rights to notice other than those rights authorized by Chapter	645
2930. of the Revised Code.	646

(2) At the time of sentencing for a misdemeanor or as soon as	647
possible after sentencing, the court shall notify the victim of	648
the offense of the victim's right to file an application for an	649
award of reparations pursuant to sections 2743.51 to 2743.72 of	650
the Revised Code.	651

Sec. 2929.28.  (A) In addition to imposing court costs	652
pursuant to section 2947.23 of the Revised Code, the court	653
imposing a sentence upon an offender for a misdemeanor, including	654
a minor misdemeanor, may sentence the offender to any financial	655
sanction or combination of financial sanctions authorized under	656
this section and if the offender is being sentenced for a crime as	657
defined in section 2930.01 of the Revised Code shall sentence the	658
offender to make restitution pursuant to this section and section	659
2929.181 of the Revised Code. If the court, in its discretion or	660
as required by this section, imposes one or more financial	661
sanctions, the financial sanctions that may be imposed pursuant to	662
this section include, but are not limited to, the following:	663

(1) Unless the misdemeanor offense is a minor misdemeanor or	664
could be disposed of by the traffic violations bureau serving the	665
court under Traffic Rule 13, restitution by the offender to the	666
victim of the offender's crime or any survivor of the victim, in	667
an amount based on the victim's economic loss. The court may not	668
impose restitution as a sanction pursuant to this division if the	669
offense is a minor misdemeanor or could be disposed of by the	670
traffic violations bureau serving the court under Traffic Rule 13.	671
If the court requires restitution, the court shall order that the	672
restitution be made to the victim in open court or to the adult	673
probation department that serves the jurisdiction or the clerk of	674
the court on behalf of the victim.	675

If the court imposes restitution, the court shall determine	676
the amount of restitution to be paid by the offender. If the court	677
imposes restitution, the court may base the amount of restitution	678
it orders on an amount recommended by the victim, the offender, a	679
presentence investigation report, estimates or receipts indicating	680
the cost of repairing or replacing property, and other	681
information, provided that theThe prosecutor, the prosecutor's	682
designee, or the probation department upon agreement with the	683
prosecutor, shall, and the offender may, present evidence relevant	684
to the determination of the amount of restitution. The amount the	685
court orders as restitution shall not exceed the amount of the	686
economic loss suffered by the victim as a direct and proximate	687
result of the commission of the offense. If the court decides to	688
or is required to impose restitution, the court shall hold an	689
evidentiary hearing on restitution if the offender, victim, or	690
survivor disputes the amount of restitution. If the court holds an	691
evidentiary hearing, at the hearing the victim or survivor has the	692
burden to prove by a preponderance of the evidence the amount of	693
restitution sought from the offender.Whether or not the court	694
holds a hearing, the court shall determine the amount of full	695
restitution by a preponderance of the evidence.	696

All restitution payments shall be credited against any	697
recovery of economic loss in a civil action brought by the victim	698
or any survivor of the victim against the offender.	699

If the court imposes restitution, the court may order that	700
the offender pay a surcharge, of not more than five per cent of	701
the amount of the restitution otherwise ordered, to the entity	702
responsible for collecting and processing restitution payments.	703

The victim or survivor may request that the prosecutor in the	704
case file a motion, or the offender may file a motion, for	705
modification of the payment terms of any restitution ordered. If	706
the court grants the motion, it may modify the payment terms as it	707
determines appropriate.	708

(2) A fine of the type described in divisions (A)(2)(a) and	709
(b) of this section payable to the appropriate entity as required	710
by law:	711

(a) A fine in the following amount:

712

(i) For a misdemeanor of the first degree, not more than one	713
thousand dollars;	714

(ii) For a misdemeanor of the second degree, not more than	715
seven hundred fifty dollars;	716

(iii) For a misdemeanor of the third degree, not more than	717
five hundred dollars;	718

(iv) For a misdemeanor of the fourth degree, not more than	719
two hundred fifty dollars;	720

(v) For a minor misdemeanor, not more than one hundred fifty	721
dollars.	722

(b) A state fine or cost as defined in section 2949.111 of	723
the Revised Code.	724

(3)(a) Reimbursement by the offender of any or all of the	725
costs of sanctions incurred by the government, including, but not	726
limited to, the following:	727

(i) All or part of the costs of implementing any community	728
control sanction, including a supervision fee under section	729
2951.021 of the Revised Code;	730

(ii) All or part of the costs of confinement in a jail or	731
other residential facility, including, but not limited to, a per	732
diem fee for room and board, the costs of medical and dental	733
treatment, and the costs of repairing property damaged by the	734
offender while confined;	735

(iii) All or part of the cost of purchasing and using an	736
immobilizing or disabling device, including a certified ignition	737
interlock device, or a remote alcohol monitoring device that a	738
court orders an offender to use under section 4510.13 of the	739
Revised Code.	740

(b) The amount of reimbursement ordered under division	741
(A)(3)(a) of this section shall not exceed the total amount of	742
reimbursement the offender is able to pay and shall not exceed the	743
actual cost of the sanctions. The court may collect any amount of	744
reimbursement the offender is required to pay under that division.	745
If the court does not order reimbursement under that division,	746
confinement costs may be assessed pursuant to a repayment policy	747
adopted under section 2929.37 of the Revised Code. In addition,	748
the offender may be required to pay the fees specified in section	749
2929.38 of the Revised Code in accordance with that section.	750

(B) If the court determines a hearing is necessary, the court	751
may hold a hearing to determine whether the offender is able to	752
pay the financial sanction imposed pursuant to this section or	753
court costs or is likely in the future to be able to pay the	754
sanction or costs.	755

If the court determines that the offender is indigent and	756
unable to pay the financial sanction or court costs, the court	757
shall consider imposing and may impose a term of community service	758
under division (A) of section 2929.27 of the Revised Code in lieu	759
of imposing a financial sanction or court costs. If the court does	760
not determine that the offender is indigent, the court may impose	761
a term of community service under division (A) of section 2929.27	762
of the Revised Code in lieu of or in addition to imposing a	763
financial sanction under this section and in addition to imposing	764
court costs except that the court may not impose a term of	765
community service in lieu of restitution for a crime as defined in	766
section 2930.01 of the Revised Code. The court may order community	767
service for a minor misdemeanor pursuant to division (C) of	768
section 2929.27 of the Revised Code in lieu of or in addition to	769
imposing a financial sanction under this section and in addition	770
to imposing court costs. If a person fails to pay a financial	771
sanction or court costs, the court may order community service in	772
lieu of the financial sanction or court costs.	773

(C)(1) The offender shall pay reimbursements imposed upon the	774
offender pursuant to division (A)(3) of this section to pay the	775
costs incurred by a county pursuant to any sanction imposed under	776
this section or section 2929.26 or 2929.27 of the Revised Code or	777
in operating a facility used to confine offenders pursuant to a	778
sanction imposed under section 2929.26 of the Revised Code to the	779
county treasurer. The county treasurer shall deposit the	780
reimbursements in the county's general fund. The county shall use	781
the amounts deposited in the fund to pay the costs incurred by the	782
county pursuant to any sanction imposed under this section or	783
section 2929.26 or 2929.27 of the Revised Code or in operating a	784
facility used to confine offenders pursuant to a sanction imposed	785
under section 2929.26 of the Revised Code.	786

(2) The offender shall pay reimbursements imposed upon the	787
offender pursuant to division (A)(3) of this section to pay the	788
costs incurred by a municipal corporation pursuant to any sanction	789
imposed under this section or section 2929.26 or 2929.27 of the	790
Revised Code or in operating a facility used to confine offenders	791
pursuant to a sanction imposed under section 2929.26 of the	792
Revised Code to the treasurer of the municipal corporation. The	793
treasurer shall deposit the reimbursements in the municipal	794
corporation's general fund. The municipal corporation shall use	795
the amounts deposited in the fund to pay the costs incurred by the	796
municipal corporation pursuant to any sanction imposed under this	797
section or section 2929.26 or 2929.27 of the Revised Code or in	798
operating a facility used to confine offenders pursuant to a	799
sanction imposed under section 2929.26 of the Revised Code.	800

(3) The offender shall pay reimbursements imposed pursuant to	801
division (A)(3) of this section for the costs incurred by a	802
private provider pursuant to a sanction imposed under this section	803
or section 2929.26 or 2929.27 of the Revised Code to the provider.	804

(D) Except as otherwise provided in this division, a	805
financial sanction imposed under division (A) of this section is a	806
judgment in favor of the state or the political subdivision that	807
operates the court that imposed the financial sanction, and the	808
offender subject to the financial sanction is the judgment debtor.	809
A financial sanction of reimbursement imposed pursuant to division	810
(A)(3)(a)(i) of this section upon an offender is a judgment in	811
favor of the entity administering the community control sanction,	812
and the offender subject to the financial sanction is the judgment	813
debtor. A financial sanction of reimbursement imposed pursuant to	814
division (A)(3)(a)(ii) of this section upon an offender confined	815
in a jail or other residential facility is a judgment in favor of	816
the entity operating the jail or other residential facility, and	817
the offender subject to the financial sanction is the judgment	818
debtor. A financial sanction of restitution imposed pursuant to	819
division (A)(1) of this section is an order in favor of the victim	820
of the offender's criminal act that can be collected through	821
execution as described in division (D)(1) of this section or	822
through an order as described in division (D)(2) of this section	823
and the offender shall be considered for purposes of the	824
collection as the judgment debtor.	825

Once the financial sanction is imposed as a judgment or order	826
under this division, the victim, private provider, state, or	827
political subdivision may bring an action to do any of the	828
following:	829

(1) Obtain execution of the judgment or order through any	830
available procedure, including any of the procedures identified in	831
divisions (D)(1)(a) to (e) of section 2929.18 of the Revised Code.	832

(2) Obtain an order for the assignment of wages of the	833
judgment debtor under section 1321.33 of the Revised Code.	834

(E) The civil remedies authorized under division (D) of this	835
section for the collection of the financial sanction supplement,	836
but do not preclude, enforcement of the criminal sentence.	837

(F) Each court imposing a financial sanction upon an offender	838
under this section may designate the clerk of the court or another	839
person to collect the financial sanction. The clerk, or another	840
person authorized by law or the court to collect the financial	841
sanction may do the following:	842

(1) Enter into contracts with one or more public agencies or	843
private vendors for the collection of amounts due under the	844
sanction. Before entering into a contract for the collection of	845
amounts due from an offender pursuant to any financial sanction	846
imposed pursuant to this section, a court shall comply with	847
sections 307.86 to 307.92 of the Revised Code.	848

(2) Permit payment of all or any portion of the sanction in	849
installments, by financial transaction device if the court is a	850
county court or a municipal court operated by a county, by credit	851
or debit card or by another electronic transfer if the court is a	852
municipal court not operated by a county, or by any other	853
reasonable method, in any time, and on any terms that court	854
considers just, except that the maximum time permitted for payment	855
shall not exceed five years. If the court is a county court or a	856
municipal court operated by a county, the acceptance of payments	857
by any financial transaction device shall be governed by the	858
policy adopted by the board of county commissioners of the county	859
pursuant to section 301.28 of the Revised Code. If the court is a	860
municipal court not operated by a county, the clerk may pay any	861
fee associated with processing an electronic transfer out of	862
public money or may charge the fee to the offender.	863

(3) To defray administrative costs, charge a reasonable fee	864
to an offender who elects a payment plan rather than a lump sum	865
payment of any financial sanction.	866

(G) If the court imposes one or more financial sanctions in	867
addition to restitution, any amounts paid by the offender shall be	868
credited first to restitution.	869

(H) No financial sanction imposed under this section shall	870
preclude a victim from bringing a civil action against the	871
offender.	872

Sec. 2929.281.  (A)(1) If the defendant is convicted of or	873
pleads guilty to an offense in a criminal proceeding in which	874
restitution is a mandatory part of the sentence imposed on the	875
defendant, the court, on motion of the prosecuting attorney or	876
other prosecutor, may enter a restraining order or injunction,	877
require the execution of a performance bond, or take any other	878
action to preserve the availability of property that may be	879
necessary to satisfy an anticipated restitution order if the	880
prosecuting attorney demonstrates by a preponderance of the	881
evidence that there is a substantial likelihood that the property	882
with respect to which the order is sought will be necessary to	883
satisfy an anticipated restitution order.	884

(2) The court may issue an order under division (A)(1) of	885
this section without notice to the defendant if the court	886
determines that notice would jeopardize the availability of the	887
property to satisfy a judgment of restitution. If the court issues	888
an order under division (A)(1) of this section without notice to	889
the defendant, the court shall promptly notify the defendant of	890
the order and shall schedule a hearing on the motion to be held as	891
soon as practicable but not more than ten days after the order is	892
issued.	893

(3) An order issued under division (A)(1) of this section	894
shall not remain in effect for longer than ninety days unless it	895
is renewed upon motion of the prosecuting attorney.	896

(B) In a criminal proceeding in which restitution is a	897
mandatory part of the sentence imposed on an offender, the victim	898
may request that no restitution or less than full restitution be	899
ordered or that the offender make restitution by means other than	900
the payment of money. The court shall consider but is not required	901
to grant a request made by a victim under this division.	902

(C) In determining the amount of restitution under this	903
section, the court, subject to division (B) of this section,	904
shall order full restitution for any economic loss suffered by the	905
victim. The court shall not consider the defendant's ability to	906
pay restitution. The amount of restitution shall not be reduced by	907
any payments to the victim for economic or other loss made or due	908
under a policy of insurance or governmental program. If, at the	909
time the court determines the amount of restitution, an insurance	910
company or governmental entity has made payments to the victim for	911
losses suffered as a result of the offense, the amounts of those	912
payments that are included in restitution shall be paid to the	913
insurance company or governmental entity.	914

(D) The court may order that restitution be made by a single	915
lump sum payment, partial payments at specified intervals, in-kind	916
payments, or a combination of payments at specified intervals and	917
in-kind payments. The length of time over which scheduled payments	918
are established shall be the shortest time in which full payment	919
reasonably can be made. In-kind payments may be in the form of the	920
return of property, replacement of property, or if the victim	921
agrees services rendered to the victim or a person or organization	922
other than the victim. The court may enter a restraining order or	923
injunction, require the execution of a satisfactory performance	924
bond, or take any other action to ensure payment of restitution.	925

(E) Any money owed by the state or by a political subdivision	926
of the state to an offender who is required to make restitution	927
under this section, including any tax refund owed to the offender,	928
shall be assigned first to the discharge of the offender's	929
outstanding restitution obligation.	930

(F) If an offender is required to make restitution under this	931
section in the form of monetary payments to more than one victim,	932
the offender shall make the payments to the victims in the	933
following order of priority:	934

(1) Individuals;

935

(2) Nonprofit organizations;

936

(3) Business entities;

937

(4) Governmental entities.

938

(G) A court that imposes restitution on an offender as part	939
of the offender's sentence under this section shall not suspend	940
that part of the offender's sentence. If the court suspends any	941
other part of the offender's sentence, the offender's payment of	942
restitution in accordance with the sentence shall be a condition	943
of the suspended part of the sentence.	944

(H) A restitution obligation imposed pursuant to this section	945
is not subject to discharge in bankruptcy or to any other	946
statutory or common-law proceeding for relief against creditors,	947
except to the extent required by federal law.	948

(I) If money or property that is received pursuant to a	949
sentence of restitution cannot be paid to the victim or the	950
victim's estate, the person or agency that receives the money or	951
property shall pay or deliver it to the reparations fund created	952
by section 2743.191 of the Revised Code or to a crime victim	953
service organization as defined in section 2930.01 of the Revised	954
Code.	955

Sec. 2930.01.  As used in this chapter:

956

(A) "Crime" means any of the following:

957

(1) A felony;

958

(2) A violation of section 2903.05, 2903.06, 2903.13,	959
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	960
Revised Code, a violation of section 2903.07 of the Revised Code	961
as it existed prior to March 23, 2000, or a violation of a	962
substantially equivalent municipal ordinance;	963

(3) A violation of division (A) or (B) of section 4511.19,	964
division (A) or (B) of section 1547.11, or division (A)(3) of	965
section 4561.15 of the Revised Code or of a municipal ordinance	966
substantially similar to any of those divisions that is the	967
proximate cause of a vehicle, streetcar, trackless trolley,	968
aquatic device, or aircraft accident in which the victim receives	969
injuries for which the victim receives medical treatment either at	970
the scene of the accident by emergency medical services personnel	971
or at a hospital, ambulatory care facility, physician's office,	972
specialist's office, or other medical care facility.	973

(4) A motor vehicle accident to which both of the following	974
apply:	975

(a) The motor vehicle accident is caused by a violation of a	976
provision of the Revised Code that is a misdemeanor of the first	977
degree or higher.	978

(b) As a result of the motor vehicle accident, the victim	979
receives injuries for which the victim receives medical treatment	980
either at the scene of the accident by emergency medical services	981
personnel or at a hospital, ambulatory care facility, physician's	982
office, specialist's office, or other medical care facility.	983

(B) "Custodial agency" means one of the following:

984

(1) The entity that has custody of a defendant or an alleged	985
juvenile offender who is incarcerated for a crime, is under	986
detention for the commission of a specified delinquent act, or who	987
is detained after a finding of incompetence to stand trial or not	988
guilty by reason of insanity relative to a crime, including any of	989
the following:	990

(a) The department of rehabilitation and correction or the	991
adult parole authority;	992

(b) A county sheriff;

993

(c) The entity that administers a jail, as defined in section	994
2929.01 of the Revised Code;	995

(d) The entity that administers a community-based	996
correctional facility and program or a district community-based	997
correctional facility and program;	998

(e) The department of mental health or other entity to which	999
a defendant found incompetent to stand trial or not guilty by	1000
reason of insanity is committed.	1001

(2) The entity that has custody of an alleged juvenile	1002
offender pursuant to an order of disposition of a juvenile court,	1003
including the department of youth services or a school, camp,	1004
institution, or other facility operated for the care of delinquent	1005
children.	1006

(C) "Defendant" means a person who is alleged to be the	1007
perpetrator of a crime in a police report or in a complaint,	1008
indictment, or information that charges the commission of a crime	1009
and that provides the basis for the criminal prosecution and	1010
subsequent proceedings to which this chapter makes reference.	1011

(D) "Member of the victim's family" means a spouse, child,	1012
stepchild, sibling, parent, stepparent, grandparent, or other	1013
relative of a victim but does not include a person who is charged	1014
with, convicted of, or adjudicated to be a delinquent child for	1015
the crime or specified delinquent act against the victim or	1016
another crime or specified delinquent act arising from the same	1017
conduct, criminal episode, or plan.	1018

(E) "Prosecutor" means one of the following:

1019

(1) With respect to a criminal case, it has the same meaning	1020
as in section 2935.01 of the Revised Code and also includes the	1021
attorney general and, when appropriate, the employees of any	1022
person listed in section 2935.01 of the Revised Code or of the	1023
attorney general.	1024

(2) With respect to a delinquency proceeding, it includes any	1025
person listed in division (C) of section 2935.01 of the Revised	1026
Code or an employee of a person listed in that division who	1027
prosecutes a delinquency proceeding.	1028

(F) "Public agency" means an office, agency, department,	1029
bureau, or other governmental entity of the state or of a	1030
political subdivision of the state.	1031

(G) "Public official" has the same meaning as in section	1032
2921.01 of the Revised Code.	1033

(H) "Victim" means either of the following:

1034

(1) A person who is identified as the victim of a crime or	1035
specified delinquent act in a police report or in a complaint,	1036
indictment, or information that charges the commission of a crime	1037
and that provides the basis for the criminal prosecution or	1038
delinquency proceeding and subsequent proceedings to which this	1039
chapter makes reference.	1040

(2) A person who receives injuries as a result of a vehicle,	1041
streetcar, trackless trolley, aquatic device, or aircraft accident	1042
that is proximately caused by a violation described in division	1043
(A)(3) of this section or a motor vehicle accident that is	1044
proximately caused by a violation described in division (A)(4) of	1045
this section and who receives medical treatment as described in	1046
division (A)(3) or (4) of this section, whichever is applicable.	1047

(I) "Victim's representative" means a member of the victim's	1048
family or another person who pursuant to the authority of section	1049
2930.02 of the Revised Code exercises the rights of a victim under	1050
this chapter.	1051

(J) "Court" means a court of common pleas, juvenile court,	1052
municipal court, or county court.	1053

(K) "Delinquency proceeding" means all proceedings in a	1054
juvenile court that are related to a case in which a complaint has	1055
been filed alleging that a child is a delinquent child.	1056

(L) "Case" means a delinquency proceeding and all related	1057
activity or a criminal prosecution and all related activity.	1058

(M) The "defense" means the defense against criminal charges	1059
in a criminal prosecution or the defense against a delinquent	1060
child complaint in a delinquency proceeding.	1061

(N) The "prosecution" means the prosecution of criminal	1062
charges in a criminal prosecution or the prosecution of a	1063
delinquent child complaint in a delinquency proceeding.	1064

(O) "Specified delinquent act" means any of the following:

1065

(1) An act committed by a child that if committed by an adult	1066
would be a felony;	1067

(2) An act committed by a child that is a violation of a	1068
section listed in division (A)(1) or (2) of this section or is a	1069
violation of a substantially equivalent municipal ordinance;	1070

(3) An act committed by a child that is described in division	1071
(A)(3) or (4) of this section.	1072

(P)(1) "Alleged juvenile offender" means a child who is	1073
alleged to have committed a specified delinquent act in a police	1074
report or in a complaint in juvenile court that charges the	1075
commission of a specified delinquent act and that provides the	1076
basis for the delinquency proceeding and all subsequent	1077
proceedings to which this chapter makes reference.	1078

(2) As used in divisions (O) and (P)(1) of this section,	1079
"child" has the same meaning as in section 2151.011 of the Revised	1080
Code.	1081

(Q) "Motor vehicle accident" means any accident involving a	1082
motor vehicle.	1083

(R) "Motor vehicle" has the same meaning as in section	1084
4509.01 of the Revised Code.	1085

(S) "Aircraft" has the same meaning as in section 4561.01 of	1086
the Revised Code.	1087

(T) "Aquatic device" means any vessel, or any water skis,	1088
aquaplane, or similar device.	1089

(U) "Vehicle," "streetcar," and "trackless trolley" have the	1090
same meanings as in section 4511.01 of the Revised Code.	1091

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	1092
or aircraft accident" means any accident involving a vehicle,	1093
streetcar, trackless trolley, aquatic device, or aircraft.	1094

(W) "Vessel" has the same meaning as in section 1547.01 of	1095
the Revised Code.	1096

(X) "Victim advocate" means a person from a crime victim	1097
service organization who provides support and assistance for a	1098
victim of a crime during criminal and administrative proceedings	1099
and recovery efforts related to the crime.	1100

(Y) "Crime victim service organization" means any	1101
organization that is not organized for profit and that is	1102
organized and operated to provide, or to contribute to the support	1103
of organizations or institutions that are organized and operated	1104
to provide, services and assistance for victims of crime.	1105

Sec. 2930.02.  (A) If a victim is a minor or is	1106
incapacitated, incompetent, or deceased, or if the victim chooses	1107
to designate another person, including, but not limited to, a	1108
member of a victim's family or anothera victim advocate from a	1109
crime victim service organization, that person may exercise the	1110
rights of the victim under this chapter as the victim's	1111
representative.	1112

If more than one person seeks to act as the victim's	1113
representative for a particular victim, the court in which the	1114
criminal prosecution or delinquency proceeding is held shall	1115
designate one of those persons as the victim's representative. If	1116
a victim does not want to have anyone act as the victim's	1117
representative, the court shall order that only the victim may	1118
exercise the rights of a victim under this chapter.	1119

(B) If pursuant to division (A) of this section a victim's	1120
representative is to exercise the rights of a victim, the victim	1121
or victim's representative shall notify the prosecutor or, if it	1122
is a delinquency proceeding and a prosecutor is not involved in	1123
the case, shall notify the court that the victim's representative	1124
is to act for the victim. When a victim or victim's representative	1125
has so notified the prosecutor or the court, all notice under this	1126
chapter shall be sent only to the victim's representative, all	1127
rights under this chapter shall be granted only to the victim's	1128
representative, and all references in this chapter to a victim	1129
shall be interpreted as being references to the victim's	1130
representative unless the victim informs the notifying authority	1131
that the victim also wishes to receive the notices or exercise the	1132
rights. If division (B) of section 2930.03 of the Revised Code	1133
requires a victim to make a request in order to receive any notice	1134
of a type described in this division and if a victim's	1135
representative is to exercise the rights of the victim, the	1136
victim's representative shall make the request.	1137

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	1138
practicable, shall confer with the victim in the case before	1139
pretrial diversion is granted to the defendant or alleged juvenile	1140
offender in the case, before amending or dismissing an indictment,	1141
information, or complaint against that defendant or alleged	1142
juvenile offender, before agreeing to a negotiated plea for that	1143
defendant or alleged juvenile offender, before a trial of that	1144
defendant by judge or jury, or before the juvenile court conducts	1145
an adjudicatory hearing for that alleged juvenile offender. If the	1146
juvenile court disposes of a case prior to the prosecutor's	1147
involvement in the case, the court or a court employee shall	1148
notify the victim in the case that the alleged juvenile offender	1149
will be granted pretrial diversion, the complaint against that	1150
alleged juvenile offender will be amended or dismissed, or the	1151
court will conduct an adjudicatory hearing for that alleged	1152
juvenile offender. If the prosecutor fails to confer with the	1153
victim at any of those times, the court, if informed of the	1154
failure, shall note on the record the failure and the prosecutor's	1155
reasons for the failure. A prosecutor's failure to confer with a	1156
victim as required by this division and a court's failure to	1157
provide the notice as required by this division do not affect the	1158
validity of an agreement between the prosecutor and the defendant	1159
or alleged juvenile offender in the case, a pretrial diversion of	1160
the defendant or alleged juvenile offender, an amendment or	1161
dismissal of an indictment, information, or complaint filed	1162
against the defendant or alleged juvenile offender, a plea entered	1163
by the defendant or alleged juvenile defender, an admission	1164
entered by the defendant or alleged juvenile offender, or any	1165
other disposition in the case. A court shall not dismiss a	1166
criminal complaint, charge, information, or indictment or a	1167
delinquent child complaint solely at the request of the victim and	1168
over the objection of the prosecuting attorney, village solicitor,	1169
city director of law, or other chief legal officer responsible for	1170
the prosecution of the case.	1171

(B) After a prosecution in a case has been commenced, the	1172
prosecutor or a designee of the prosecutor other than a court or	1173
court employee, to the extent practicable, promptly shall give the	1174
victim all of the following information, except that, if the	1175
juvenile court disposes of a case prior to the prosecutor's	1176
involvement in the case, the court or a court employee, to the	1177
extent practicable, promptly shall give the victim all of the	1178
following information:	1179

(1) The name of the crime or specified delinquent act with	1180
which the defendant or alleged juvenile offender in the case has	1181
been charged and the name of the defendant or alleged juvenile	1182
offender;	1183

(2) The file number of the case;

1184

(3) A brief statement regarding the procedural steps in a	1185
criminal prosecution or delinquency proceeding involving a crime	1186
or specified delinquent act similar to the crime or specified	1187
delinquent act with which the defendant or alleged juvenile	1188
offender has been charged and the right of the victim to be	1189
present during all proceedings held throughout the prosecution of	1190
the case;	1191

(4) A summary of the rights of a victim under this chapter;

1192

(5) Procedures the victim or the prosecutor may follow if the	1193
victim becomes subject to threats or intimidation by the	1194
defendant, alleged juvenile offender, or any other person;	1195

(6) The name and business telephone number of a person to	1196
contact for further information with respect to the case;	1197

(7) The right of the victim to have a victim's representative	1198
exercise the victim's rights under this chapter in accordance with	1199
section 2930.02 of the Revised Code and the procedure by which a	1200
victim's representative may be designated;	1201

(8) Notice that any notification under division (C) of this	1202
section, sections 2930.07 to 2930.19, and section 5139.56 of the	1203
Revised Code will be given to the victim only if the victim asks	1204
to receive the notification.	1205

(C) Upon the request of the victim, the prosecutor or, if it	1206
is a delinquency proceeding and a prosecutor is not involved in	1207
the case, the court shall give the victim notice of the date,	1208
time, and place of any scheduled criminal or juvenile proceedings	1209
in the case and notice of any changes in those proceedings or in	1210
the schedule in the case.	1211

(D) A victim who requests notice under division (C) of this	1212
section and who elects pursuant to division (B) of section 2930.03	1213
of the Revised Code to receive any further notice from the	1214
prosecutor or, if it is a delinquency proceeding and a prosecutor	1215
is not involved in the case, the court under this chapter shall	1216
keep the prosecutor or the court informed of the victim's current	1217
address and telephone number until the case is dismissed or	1218
terminated, the defendant is acquitted or sentenced, the	1219
delinquent child complaint is dismissed, the defendant is	1220
adjudicated a delinquent child, or the appellate process is	1221
completed, whichever is the final disposition in the case.	1222

(E) If a defendant is charged with the commission of a	1223
misdemeanor offense that is not identified in division (A)(2) of	1224
section 2930.01 of the Revised Code and if a police report or a	1225
complaint, indictment, or information that charges the commission	1226
of that offense and provides the basis for a criminal prosecution	1227
of that defendant identifies one or more individuals as	1228
individuals against whom that offense was committed, after a	1229
prosecution in the case has been commenced, the prosecutor or a	1230
designee of the prosecutor other than a court or court employee,	1231
to the extent practicable, promptly shall notify each of the	1232
individuals so identified in the report, complaint, indictment, or	1233
information that, if the defendant is convicted of or pleads	1234
guilty to the offense, the individual may make an oral or written	1235
statement to the court hearing the case regarding the sentence to	1236
be imposed upon the defendant and that the court must consider any	1237
statement so made that is relevant. Before imposing sentence in	1238
the case, the court shall permit the individuals so identified in	1239
the report, complaint, indictment, or information, and may permit	1240
any other person who was emotionally, physically, or financially	1241
harmed by the offense, to make an oral or written statement.	1242
Division (A) of section 2930.14 of the Revised Code applies	1243
regarding any statement so made. The court shall consider a	1244
statement so made, in accordance with division (B) of that section	1245
and division (D) of section 2929.22 of the Revised Code.	1246

Sec. 2930.08.  If a motion, request, or agreement between	1247
counsel is made in a case and the motion, request, or agreement	1248
might result in a substantial delay in the prosecution of the	1249
case, the prosecutor in the case, to the extent practicable and if	1250
the victim has requested notice and has provided current contact	1251
information pursuant to division (B) of section 2930.03 of the	1252
Revised Code, shall inform the victim that the motion, request, or	1253
agreement has been made and that it might result in a delay. If	1254
the victim objects to the delay, the prosecutor shall inform the	1255
court of the victim's objections, and the court shall consider the	1256
victim's objections in ruling on the motion, request, or	1257
agreement.	1258

Sec. 2930.14.  (A) Before imposing sentence upon, or entering	1259
an order of disposition for, a defendant or alleged juvenile	1260
offender for the commission of a crime or specified delinquent	1261
act, the court shall permit the victim of the crime or specified	1262
delinquent act, and may permit any other person who was	1263
emotionally, physically, or financially harmed by the crime or	1264
specified delinquent act, to submit a written statement prior to	1265
or at the sentencing or disposition and make aan oral statement	1266
during the sentencing or disposition proceeding. The court may	1267
give copies of any written statement made by a victim or other	1268
harmed person to the defendant or alleged juvenile offender and	1269
defendant's or alleged juvenile offender's counsel and may give	1270
any written statement made by the defendant or alleged juvenile	1271
offender to the victim, the other harmed person, and the	1272
prosecutor. The court may redact any information contained in a	1273
written statement that the court determines is not relevant to and	1274
will not be relied upon in the sentencing or disposition decision.	1275
The written statement of the victim, the other harmed person, or	1276
of the defendant or alleged juvenile offender is confidential and	1277
is not a public record as used in section 149.43 of the Revised	1278
Code. Any person to whom a copy of a written statement was	1279
released by the court shall return it to the court immediately	1280
following sentencing or disposition.	1281

(B) The court shall consider a victim's statement made by a	1282
victim or other harmed person under division (A) of this section	1283
along with other factors that the court is required to consider in	1284
imposing sentence or in determining the order of disposition. If	1285
the statement includes new material facts, the court shall not	1286
rely on the new material facts unless it continues the sentencing	1287
or dispositional proceeding or takes other appropriate action to	1288
allow the defendant or alleged juvenile offender an adequate	1289
opportunity to respond to the new material facts.	1290

Sec. 2930.17.  (A) In determining whether to grant a judicial	1291
release to a defendant from a prison term pursuant to section	1292
2929.20 of the Revised Code at a time before the defendant's	1293
stated prison term expires or in determining whether to grant, a	1294
judicial release or early release to an alleged juvenile offender	1295
from a commitment to the department of youth services pursuant to	1296
section 2151.38 of the Revised Code, an application to seal a	1297
record of conviction pursuant to section 2953.32 of the Revised	1298
Code, or an application to seal or expunge a juvenile record	1299
pursuant to section 2151.356 or 2151.358 of the Revised Code, the	1300
court shall notify the prosecutor regarding consideration and	1301
hearing of the matter not less than ten days before the	1302
consideration and hearing, and the prosecutor shall provide timely	1303
notice to victims who have requested notice and who maintain	1304
current contact information with the prosecutor. The court also	1305
shall permit a victim of a crime or specified delinquent act for	1306
which the defendant or alleged juvenile offender was incarcerated	1307
or committed to make a statement, in addition to any other	1308
statement made under this chapter, concerning the effects of that	1309
crime or specified delinquent act on the victim, the circumstances	1310
surrounding the crime or specified delinquent act, the manner in	1311
which the crime or specified delinquent act was perpetrated, and	1312
the victim's opinion whether the defendant or alleged juvenile	1313
offender should be released or the record should be sealed or	1314
expunged. The victim may make the statement in writing or, orally,	1315
or both at the court'svictim's discretion. The court shall give	1316
the defendant or alleged juvenile offender and either the adult	1317
parole authority or the department of youth services, whichever is	1318
applicable, a copy of any written impact statement made by the	1319
victim under this division.	1320

(B) In deciding whether to grant a judicial release or early	1321
release to the defendant or alleged juvenile offender or to seal	1322
or expunge a record, the court shall consider aany statement made	1323
by the victim under division (A) of this section or section	1324
2930.14 or 2947.051 of the Revised Code or by any other harmed	1325
person under section 2930.14 of the Revised Code.	1326

(C) Upon making a determination whether to grant a judicial	1327
release to a defendant from a prison term pursuant to section	1328
2929.20 of the Revised Code, a judicial release or early release	1329
to an alleged juvenile offender from a commitment to the	1330
department of youth services pursuant to section 2151.38 of the	1331
Revised Code, an application to seal a record of conviction	1332
pursuant to section 2953.32 of the Revised Code, or an application	1333
to seal or expunge a juvenile record pursuant to section 2151.356	1334
or 2151.358 of the Revised Code, the court shall promptly notify	1335
the prosecutor of the determination. Before ordering an offender	1336
or juvenile released from custody, the court shall send the	1337
custodial agency a copy of its journal entry of the determination.	1338

Sec. 2930.19.  (A) In a manner consistent with the duty of a	1339
prosecutor to represent the interests of the public as a whole, a	1340
prosecutor shall seek compliance with this chapter on behalf of a	1341
victim, a member of the victim's family, or the victim's	1342
representative.A victim of a crime, an attorney or other lawful	1343
representative of the victim, or at the request of the victim the	1344
prosecuting attorney has standing as a matter of right to assert	1345
the rights of the victim provided by the law of this state in any	1346
proceeding in any judicial or administrative tribunal having	1347
jurisdiction. The tribunal shall act promptly on a request to	1348
enforce the rights of the victim.	1349

(B) The failure of a public official or public agency to	1350
comply with the requirements of this chapter does not give rise to	1351
a claim for damages against that public official or public agency,	1352
except that a public agency as an employer may be held responsible	1353
for a violation of section 2930.18 of the Revised Code.	1354

(C) The failure of any person or entity to provide a right,	1355
privilege, or notice to a victim under this chapter does not	1356
constitute grounds for declaring a mistrial or new trial,or for	1357
setting aside a conviction, sentence, adjudication, or	1358
disposition, or for granting postconviction release to a defendant	1359
or alleged juvenile offender.	1360

(D) If there is a conflict between a provision in this	1361
chapter and a specific statute governing the procedure in a case	1362
involving a capital offense, the specific statute supersedes the	1363
provision in this chapter.	1364

(E) If the victim of a crime is incarcerated in a state or	1365
local correctional facility or is in the legal custody of the	1366
department of youth services, the victim's rights under this	1367
chapter may be modified by court order to prevent any security	1368
risk, hardship, or undue burden upon a public official or public	1369
agency with a duty under this chapter.	1370

Section 2.  That existing sections 2929.18, 2929.20, 2929.22,	1371
2929.28, 2930.01, 2930.02, 2930.06, 2930.08, 2930.14, 2930.17, and	1372
2930.19 of the Revised Code are hereby repealed.	1373

Section 3.  Section 2929.20 of the Revised Code is presented	1374
in this act as a composite of the section as amended by both Am.	1375
Sub. H.B. 130 and Sub. S.B. 108 of the 127th General Assembly. The	1376
General Assembly, applying the principle stated in division (B) of	1377
section 1.52 of the Revised Code that amendments are to be	1378
harmonized if reasonably capable of simultaneous operation, finds	1379
that the composite is the resulting version of the section in	1380
effect prior to the effective date of the section as presented in	1381
this act.	1382