As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 23


Senator Goodman 

Cosponsors: Senators Stivers, Coughlin, Clancy, Gardner, Niehaus, Jacobson, Padgett, Carey, Mumper, Smith, Austria 


A BILL
To amend section 2929.18 and to enact sections 1
2905.31, 2905.32, 2905.33, 2905.34, and 2905.35 of 2
the Revised Code to prohibit involuntary 3
servitude, sexual servitude of a minor, and 4
trafficking in persons for forced labor or 5
services and to amend the version of section 6
2929.18 of the Revised Code that is scheduled to 7
take effect on July 1, 2007, to continue the 8
provisions of this act on and after that effective 9
date.10


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

       Section 1.  That section 2929.18 be amended and sections 11
2905.31, 2905.32, 2905.33, 2905.34, and 2905.35 of the Revised 12
Code be enacted to read as follows:13

       Sec. 2905.31.  (A) As used in sections 2905.31 to 2905.34 of 14
the Revised Code:15

       (1) "Labor" means work of economic or financial value.16

       (2) "Services" means an ongoing relationship between a person 17
and the actor in which the person performs activities under the 18
supervision of or for the benefit of the actor.19

       Sec. 2905.32.  (A) No person shall knowingly subject another 20
person to forced labor or services by doing any of the following 21
in a manner not otherwise prohibited by division (B)(3) of section 22
2905.01 or division (A)(3) of section 2905.02 of the Revised Code:23

       (1) Causing or threatening to cause physical harm to any 24
person;25

       (2) Physically restraining or threatening to physically 26
restrain another person;27

       (3) Abusing or threatening to abuse the law or legal process;28

       (4) Knowingly destroying, concealing, removing, confiscating, 29
or possessing any actual or purported passport or other 30
immigration document, or any other actual or purported government 31
identification document;32

       (5) By committing a violation of section 2905.11 of the 33
Revised Code or causing or threatening to cause financial harm to 34
any person.35

       (B) Whoever violates this section is guilty of involuntary 36
servitude. A violation of division (A)(1) of this section is a 37
felony of the first degree, and the court may impose a term of 38
years not to exceed ten years in addition to the penalty imposed 39
for a felony of the first degree. A violation of division (A)(2) 40
of this section is a felony of the second degree, and the court 41
may impose a term of years not to exceed seven years in addition 42
to the penalty imposed for a felony of the second degree. A 43
violation of division (A)(3) of this section is a felony of the 44
third degree, and the court may impose a term of years not to 45
exceed five years in addition to the penalty imposed for a felony 46
of the third degree. A violation of division (A)(4) of this 47
section is a felony of the third degree. A violation of division 48
(A)(5) of this section is a felony of the fifth degree, and the 49
court may impose a term of years not to exceed two years in 50
addition to the penalty imposed for a felony of the fifth degree.51

       Sec. 2905.33.  (A) No person, in a manner that is not 52
otherwise prohibited by section 2907.21, 2907.22, 2907.32, 53
2907.321, 2907.322, or 2907.323 of the Revised Code, shall do 54
either of the following:55

       (1) Knowingly recruit, entice, harbor, transport, provide, or 56
obtain by any means, another person under eighteen years of age, 57
knowing that the other person will engage in prostitution, a 58
sexually-explicit performance, or the production of pornography;59

       (2) Knowingly cause a person under eighteen years of age to 60
engage in prostitution, a sexually-explicit performance, or the 61
production of pornography.62

       (B) Whoever violates this section is guilty of sexual 63
servitude of a minor. If the victim of the offense is between 64
sixteen years of age and eighteen years of age and the violation 65
does not involve overt force or threat of force, sexual servitude 66
of a minor is a felony of the first degree, and the court may 67
impose a term of years not to exceed five years in addition to the 68
penalty for a felony of the first degree. If the victim of the 69
offense has not reached sixteen years of age and the violation 70
does not involve overt force or threat of force, sexual servitude 71
of a minor is a felony of the first degree, and the court may 72
impose a term of years not to exceed ten years in addition to the 73
penalty for a felony of the first degree. If the violation does 74
involve overt force or threat of force, sexual servitude of a 75
minor is a felony of the first degree, and the court may impose a 76
term of years not to exceed fifteen years in addition to the 77
penalty for a felony of the first degree.78

       Sec. 2905.34.  (A) No person shall knowingly do either of the 79
following:80

       (1) Intending or knowing that the person will be subjected to 81
forced labor or services, recruit, entice, harbor, transport, 82
provide, or obtain by any means another person;83

       (2) Benefit financially or receive anything of value from 84
participation in a venture that results in a violation of section 85
2905.32 or 2905.33 of the Revised Code.86

       (B) Whoever violates this section is guilty of trafficking in 87
persons for forced labor or services, a felony of the first 88
degree. The court may impose a term of years not to exceed five 89
years in addition to the penalty for a felony of the first degree.90

       Sec. 2905.35.  (A) The attorney general, in consultation with 91
the department of job and family services and not later than one 92
year from the effective date of this section, shall issue a report 93
outlining how existing victim protection laws and regulations 94
respond to the needs of victims of a violation of section 2905.32, 95
2905.33, or 2905.34 of the Revised Code and suggesting areas of 96
improvement and modification of existing victim protection laws.97

       (B) The department of job and family services, in 98
consultation with the attorney general and not later than one year 99
from the effective date of this section, shall issue a report 100
outlining how existing social service programs respond or fail to 101
respond to the needs of victims of a violation of section 2905.32, 102
2905.33, or 2905.34 of the Revised Code and the interplay of 103
existing social service programs with federally funded victim 104
service programs and suggesting areas of improvement and 105
modification of existing social service programs.106

       Sec. 2929.18.  (A) Except as otherwise provided in this107
division and in addition to imposing court costs pursuant to108
section 2947.23 of the Revised Code, the court imposing a sentence109
upon an offender for a felony may sentence the offender to any110
financial sanction or combination of financial sanctions111
authorized under this section or, in the circumstances specified112
in section 2929.32 of the Revised Code, may impose upon the113
offender a fine in accordance with that section. Financial114
sanctions that may be imposed pursuant to this section include,115
but are not limited to, the following:116

       (1)(a) Restitution by the offender to the victim of the117
offender's crime or any survivor of the victim, in an amount based118
on the victim's economic loss. If the court imposes restitution, 119
the court shall order that the restitution be made to the victim 120
in open court, to the adult probation department that serves the 121
county on behalf of the victim, to the clerk of courts, or to122
another agency designated by the court. If the court imposes 123
restitution, at sentencing, the court shall determine the amount 124
of restitution to be made by the offender. If the court imposes 125
restitution, the court may base the amount of restitution it 126
orders on an amount recommended by the victim, the offender, a 127
presentence investigation report, estimates or receipts indicating 128
the cost of repairing or replacing property, and other 129
information, provided that the amount the court orders as 130
restitution shall not exceed the amount of the economic loss 131
suffered by the victim as a direct and proximate result of the 132
commission of the offense. If the court decides to impose 133
restitution, the court shall hold a hearing on restitution if the 134
offender, victim, or survivor disputes the amount. All restitution 135
payments shall be credited against any recovery of economic loss 136
in a civil action brought by the victim or any survivor of the 137
victim against the offender.138

        If the court imposes restitution, the court may order that 139
the offender pay a surcharge of not more than five per cent of the 140
amount of the restitution otherwise ordered to the entity 141
responsible for collecting and processing restitution payments.142

       The victim or survivor may request that the prosecutor in the 143
case file a motion, or the offender may file a motion, for144
modification of the payment terms of any restitution ordered. If145
the court grants the motion, it may modify the payment terms as it146
determines appropriate.147

       (b) In addition to the sanction imposed under division 148
(A)(1)(a) of this section, if the offender violates section 149
2905.32, 2905.33, or 2905.34 of the Revised Code, the court shall 150
impose restitution including the greater of the following:151

        (i) The gross income or value to the defendant of the 152
victim's labor or services;153

        (ii) The value of the victim's labor as guaranteed under the 154
minimum wage and overtime provisions of the "Federal Fair Labor 155
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, and state 156
labor laws.157

       (2) Except as provided in division (B)(1), (3), or (4) of158
this section, a fine payable by the offender to the state, to a159
political subdivision, or as described in division (B)(2) of this160
section to one or more law enforcement agencies, with the amount161
of the fine based on a standard percentage of the offender's daily162
income over a period of time determined by the court and based163
upon the seriousness of the offense. A fine ordered under this164
division shall not exceed the maximum conventional fine amount 165
authorized for the level of the offense under division (A)(3) of 166
this section.167

       (3) Except as provided in division (B)(1), (3), or (4) of168
this section, a fine payable by the offender to the state, to a169
political subdivision when appropriate for a felony, or as170
described in division (B)(2) of this section to one or more law171
enforcement agencies, in the following amount:172

       (a) For a felony of the first degree, not more than twenty173
thousand dollars;174

       (b) For a felony of the second degree, not more than fifteen175
thousand dollars;176

       (c) For a felony of the third degree, not more than ten177
thousand dollars;178

       (d) For a felony of the fourth degree, not more than five179
thousand dollars;180

       (e) For a felony of the fifth degree, not more than two181
thousand five hundred dollars.182

       (4) A state fine or costs as defined in section 2949.111 of183
the Revised Code.184

       (5)(a) Reimbursement by the offender of any or all of the185
costs of sanctions incurred by the government, including the186
following:187

       (i) All or part of the costs of implementing any community188
control sanction, including a supervision fee under section189
2951.021 of the Revised Code;190

       (ii) All or part of the costs of confinement under a sanction 191
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the192
Revised Code, provided that the amount of reimbursement ordered193
under this division shall not exceed the total amount of194
reimbursement the offender is able to pay as determined at a195
hearing and shall not exceed the actual cost of the confinement.196

       (b) If the offender is sentenced to a sanction of confinement 197
pursuant to section 2929.14 or 2929.16 of the Revised Code that is 198
to be served in a facility operated by a board of county 199
commissioners, a legislative authority of a municipal corporation, 200
or another local governmental entity, if, pursuant to section 201
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 202
or 2947.19 of the Revised Code and section 2929.37 of the Revised 203
Code, the board, legislative authority, or other local204
governmental entity requires prisoners to reimburse the county, 205
municipal corporation, or other entity for its expenses incurred206
by reason of the prisoner's confinement, and if the court does not 207
impose a financial sanction under division (A)(5)(a)(ii) of this208
section, confinement costs may be assessed pursuant to section209
2929.37 of the Revised Code. In addition, the offender may be210
required to pay the fees specified in section 2929.38 of the211
Revised Code in accordance with that section.212

       (c) Reimbursement by the offender for costs pursuant to213
section 2929.71 of the Revised Code.214

       (B)(1) For a first, second, or third degree felony violation215
of any provision of Chapter 2925., 3719., or 4729. of the Revised216
Code, the sentencing court shall impose upon the offender a217
mandatory fine of at least one-half of, but not more than, the218
maximum statutory fine amount authorized for the level of the219
offense pursuant to division (A)(3) of this section. If an220
offender alleges in an affidavit filed with the court prior to221
sentencing that the offender is indigent and unable to pay the222
mandatory fine and if the court determines the offender is an223
indigent person and is unable to pay the mandatory fine described224
in this division, the court shall not impose the mandatory fine225
upon the offender.226

       (2) Any mandatory fine imposed upon an offender under227
division (B)(1) of this section and any fine imposed upon an228
offender under division (A)(2) or (3) of this section for any229
fourth or fifth degree felony violation of any provision of230
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid231
to law enforcement agencies pursuant to division (F) of section232
2925.03 of the Revised Code.233

       (3) For a fourth degree felony OVI offense and for a third234
degree felony OVI offense, the sentencing court shall impose upon235
the offender a mandatory fine in the amount specified in division236
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever237
is applicable. The mandatory fine so imposed shall be disbursed as 238
provided in the division pursuant to which it is imposed.239

       (4) Notwithstanding any fine otherwise authorized or required 240
to be imposed under division (A)(2) or (3) or (B)(1) of this 241
section or section 2929.31 of the Revised Code for a violation of 242
section 2925.03 of the Revised Code, in addition to any penalty or 243
sanction imposed for that offense under section 2925.03 or 244
sections 2929.11 to 2929.18 of the Revised Code and in addition to 245
the forfeiture of property in connection with the offense as246
prescribed in sections 2925.42 to 2925.45 of the Revised Code, the 247
court that sentences an offender for a violation of section 248
2925.03 of the Revised Code may impose upon the offender a fine in 249
addition to any fine imposed under division (A)(2) or (3) of this 250
section and in addition to any mandatory fine imposed under 251
division (B)(1) of this section. The fine imposed under division252
(B)(4) of this section shall be used as provided in division (H) 253
of section 2925.03 of the Revised Code. A fine imposed under 254
division (B)(4) of this section shall not exceed whichever of the 255
following is applicable:256

       (a) The total value of any personal or real property in which 257
the offender has an interest and that was used in the course of, 258
intended for use in the course of, derived from, or realized259
through conduct in violation of section 2925.03 of the Revised260
Code, including any property that constitutes proceeds derived261
from that offense;262

       (b) If the offender has no interest in any property of the263
type described in division (B)(4)(a) of this section or if it is264
not possible to ascertain whether the offender has an interest in265
any property of that type in which the offender may have an266
interest, the amount of the mandatory fine for the offense imposed267
under division (B)(1) of this section or, if no mandatory fine is268
imposed under division (B)(1) of this section, the amount of the269
fine authorized for the level of the offense imposed under270
division (A)(3) of this section.271

       (5) Prior to imposing a fine under division (B)(4) of this272
section, the court shall determine whether the offender has an273
interest in any property of the type described in division274
(B)(4)(a) of this section. Except as provided in division (B)(6)275
or (7) of this section, a fine that is authorized and imposed276
under division (B)(4) of this section does not limit or affect the277
imposition of the penalties and sanctions for a violation of278
section 2925.03 of the Revised Code prescribed under those279
sections or sections 2929.11 to 2929.18 of the Revised Code and280
does not limit or affect a forfeiture of property in connection281
with the offense as prescribed in sections 2925.42 to 2925.45 of282
the Revised Code.283

       (6) If the sum total of a mandatory fine amount imposed for a 284
first, second, or third degree felony violation of section 2925.03285
of the Revised Code under division (B)(1) of this section plus the286
amount of any fine imposed under division (B)(4) of this section 287
does not exceed the maximum statutory fine amount authorized for 288
the level of the offense under division (A)(3) of this section or289
section 2929.31 of the Revised Code, the court may impose a fine 290
for the offense in addition to the mandatory fine and the fine 291
imposed under division (B)(4) of this section. The sum total of 292
the amounts of the mandatory fine, the fine imposed under division 293
(B)(4) of this section, and the additional fine imposed under 294
division (B)(6) of this section shall not exceed the maximum 295
statutory fine amount authorized for the level of the offense 296
under division (A)(3) of this section or section 2929.31 of the 297
Revised Code. The clerk of the court shall pay any fine that is 298
imposed under division (B)(6) of this section to the county, 299
township, municipal corporation, park district as created pursuant 300
to section 511.18 or 1545.04 of the Revised Code, or state law 301
enforcement agencies in this state that primarily were responsible 302
for or involved in making the arrest of, and in prosecuting, the303
offender pursuant to division (F) of section 2925.03 of the304
Revised Code.305

       (7) If the sum total of the amount of a mandatory fine306
imposed for a first, second, or third degree felony violation of307
section 2925.03 of the Revised Code plus the amount of any fine308
imposed under division (B)(4) of this section exceeds the maximum309
statutory fine amount authorized for the level of the offense310
under division (A)(3) of this section or section 2929.31 of the311
Revised Code, the court shall not impose a fine under division312
(B)(6) of this section.313

       (C)(1) The offender shall pay reimbursements imposed upon the 314
offender pursuant to division (A)(5)(a) of this section to pay the 315
costs incurred by the department of rehabilitation and correction 316
in operating a prison or other facility used to confine offenders 317
pursuant to sanctions imposed under section 2929.14, 2929.142, or318
2929.16 of the Revised Code to the treasurer of state. The319
treasurer of state shall deposit the reimbursements in the320
confinement cost reimbursement fund that is hereby created in the321
state treasury. The department of rehabilitation and correction322
shall use the amounts deposited in the fund to fund the operation323
of facilities used to confine offenders pursuant to sections324
2929.14, 2929.142, and 2929.16 of the Revised Code.325

       (2) Except as provided in section 2951.021 of the Revised326
Code, the offender shall pay reimbursements imposed upon the327
offender pursuant to division (A)(5)(a) of this section to pay the328
costs incurred by a county pursuant to any sanction imposed under329
this section or section 2929.16 or 2929.17 of the Revised Code or330
in operating a facility used to confine offenders pursuant to a331
sanction imposed under section 2929.16 of the Revised Code to the332
county treasurer. The county treasurer shall deposit the333
reimbursements in the sanction cost reimbursement fund that each334
board of county commissioners shall create in its county treasury.335
The county shall use the amounts deposited in the fund to pay the336
costs incurred by the county pursuant to any sanction imposed337
under this section or section 2929.16 or 2929.17 of the Revised338
Code or in operating a facility used to confine offenders pursuant339
to a sanction imposed under section 2929.16 of the Revised Code.340

       (3) Except as provided in section 2951.021 of the Revised341
Code, the offender shall pay reimbursements imposed upon the342
offender pursuant to division (A)(5)(a) of this section to pay the343
costs incurred by a municipal corporation pursuant to any sanction344
imposed under this section or section 2929.16 or 2929.17 of the345
Revised Code or in operating a facility used to confine offenders346
pursuant to a sanction imposed under section 2929.16 of the347
Revised Code to the treasurer of the municipal corporation. The348
treasurer shall deposit the reimbursements in a special fund that349
shall be established in the treasury of each municipal350
corporation. The municipal corporation shall use the amounts351
deposited in the fund to pay the costs incurred by the municipal352
corporation pursuant to any sanction imposed under this section or353
section 2929.16 or 2929.17 of the Revised Code or in operating a354
facility used to confine offenders pursuant to a sanction imposed355
under section 2929.16 of the Revised Code.356

       (4) Except as provided in section 2951.021 of the Revised357
Code, the offender shall pay reimbursements imposed pursuant to358
division (A)(5)(a) of this section for the costs incurred by a359
private provider pursuant to a sanction imposed under this section360
or section 2929.16 or 2929.17 of the Revised Code to the provider.361

       (D) Except as otherwise provided in this division, a362
financial sanction imposed pursuant to division (A) or (B) of this363
section is a judgment in favor of the state or a political364
subdivision in which the court that imposed the financial sanction365
is located, and the offender subject to the financial sanction is 366
the judgment debtor. A financial sanction of reimbursement imposed 367
pursuant to division (A)(5)(a)(ii) of this section upon an368
offender who is incarcerated in a state facility or a municipal369
jail is a judgment in favor of the state or the municipal370
corporation, and the offender subject to the financial sanction is 371
the judgment debtor. A financial sanction of reimbursement imposed372
upon an offender pursuant to this section for costs incurred by a373
private provider of sanctions is a judgment in favor of the374
private provider, and the offender subject to the financial 375
sanction is the judgment debtor. A financial sanction of 376
restitution imposed pursuant to this section is an order in favor 377
of the victim of the offender's criminal act that can be collected 378
through execution as described in division (D)(1) of this section 379
or through an order as described in division (D)(2) of this 380
section, and the offender shall be considered for purposes of the 381
collection as the judgment debtor. Imposition of a financial382
sanction and execution on the judgment does not preclude any other383
power of the court to impose or enforce sanctions on the offender.384
Once the financial sanction is imposed as a judgment or order 385
under this division, the victim, private provider, state, or386
political subdivision may bring an action to do any of the 387
following:388

       (1) Obtain execution of the judgment or order through any389
available procedure, including:390

       (a) An execution against the property of the judgment debtor391
under Chapter 2329. of the Revised Code;392

       (b) An execution against the person of the judgment debtor393
under Chapter 2331. of the Revised Code;394

       (c) A proceeding in aid of execution under Chapter 2333. of395
the Revised Code, including:396

       (i) A proceeding for the examination of the judgment debtor397
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27398
of the Revised Code;399

       (ii) A proceeding for attachment of the person of the400
judgment debtor under section 2333.28 of the Revised Code;401

       (iii) A creditor's suit under section 2333.01 of the Revised402
Code.403

       (d) The attachment of the property of the judgment debtor404
under Chapter 2715. of the Revised Code;405

       (e) The garnishment of the property of the judgment debtor406
under Chapter 2716. of the Revised Code.407

       (2) Obtain an order for the assignment of wages of the408
judgment debtor under section 1321.33 of the Revised Code.409

       (E) A court that imposes a financial sanction upon an410
offender may hold a hearing if necessary to determine whether the411
offender is able to pay the sanction or is likely in the future to412
be able to pay it.413

       (F) Each court imposing a financial sanction upon an offender 414
under this section or under section 2929.32 of the Revised Code 415
may designate the clerk of the court or another person to collect416
the financial sanction. The clerk or other person authorized by 417
law or the court to collect the financial sanction may enter into 418
contracts with one or more public agencies or private vendors for 419
the collection of, amounts due under the financial sanction 420
imposed pursuant to this section or section 2929.32 of the Revised 421
Code. Before entering into a contract for the collection of422
amounts due from an offender pursuant to any financial sanction 423
imposed pursuant to this section or section 2929.32 of the Revised 424
Code, a court shall comply with sections 307.86 to 307.92 of the425
Revised Code.426

       (G) If a court that imposes a financial sanction under427
division (A) or (B) of this section finds that an offender428
satisfactorily has completed all other sanctions imposed upon the429
offender and that all restitution that has been ordered has been430
paid as ordered, the court may suspend any financial sanctions431
imposed pursuant to this section or section 2929.32 of the Revised432
Code that have not been paid.433

       (H) No financial sanction imposed under this section or434
section 2929.32 of the Revised Code shall preclude a victim from435
bringing a civil action against the offender.436

       Section 2. That existing section 2929.18 of the Revised Code 437
is hereby repealed. 438

       Section 3.  That the version of section 2929.18 of the 439
Revised Code that is scheduled to take effect on July 1, 2007, be 440
amended to read as follows:441

       Sec. 2929.18.  (A) Except as otherwise provided in this442
division and in addition to imposing court costs pursuant to443
section 2947.23 of the Revised Code, the court imposing a sentence444
upon an offender for a felony may sentence the offender to any445
financial sanction or combination of financial sanctions446
authorized under this section or, in the circumstances specified447
in section 2929.32 of the Revised Code, may impose upon the448
offender a fine in accordance with that section. Financial449
sanctions that may be imposed pursuant to this section include,450
but are not limited to, the following:451

       (1)(a) Restitution by the offender to the victim of the452
offender's crime or any survivor of the victim, in an amount based453
on the victim's economic loss. If the court imposes restitution, 454
the court shall order that the restitution be made to the victim 455
in open court, to the adult probation department that serves the 456
county on behalf of the victim, to the clerk of courts, or to457
another agency designated by the court. If the court imposes 458
restitution, at sentencing, the court shall determine the amount 459
of restitution to be made by the offender. If the court imposes 460
restitution, the court may base the amount of restitution it 461
orders on an amount recommended by the victim, the offender, a 462
presentence investigation report, estimates or receipts indicating 463
the cost of repairing or replacing property, and other 464
information, provided that the amount the court orders as 465
restitution shall not exceed the amount of the economic loss 466
suffered by the victim as a direct and proximate result of the 467
commission of the offense. If the court decides to impose 468
restitution, the court shall hold a hearing on restitution if the 469
offender, victim, or survivor disputes the amount. All restitution 470
payments shall be credited against any recovery of economic loss 471
in a civil action brought by the victim or any survivor of the 472
victim against the offender.473

        If the court imposes restitution, the court may order that 474
the offender pay a surcharge of not more than five per cent of the 475
amount of the restitution otherwise ordered to the entity 476
responsible for collecting and processing restitution payments.477

       The victim or survivor may request that the prosecutor in the 478
case file a motion, or the offender may file a motion, for479
modification of the payment terms of any restitution ordered. If480
the court grants the motion, it may modify the payment terms as it481
determines appropriate.482

       (b) In addition to the sanction imposed under division 483
(A)(1)(a) of this section, if the offender violates section 484
2905.32, 2905.33, or 2905.34 of the Revised Code, the court shall 485
impose restitution including the greater of the following:486

        (i) The gross income or value to the defendant of the 487
victim's labor or services;488

        (ii) The value of the victim's labor as guaranteed under the 489
minimum wage and overtime provisions of the "Federal Fair Labor 490
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, and state 491
labor laws.492

       (2) Except as provided in division (B)(1), (3), or (4) of493
this section, a fine payable by the offender to the state, to a494
political subdivision, or as described in division (B)(2) of this495
section to one or more law enforcement agencies, with the amount496
of the fine based on a standard percentage of the offender's daily497
income over a period of time determined by the court and based498
upon the seriousness of the offense. A fine ordered under this499
division shall not exceed the maximum conventional fine amount 500
authorized for the level of the offense under division (A)(3) of 501
this section.502

       (3) Except as provided in division (B)(1), (3), or (4) of503
this section, a fine payable by the offender to the state, to a504
political subdivision when appropriate for a felony, or as505
described in division (B)(2) of this section to one or more law506
enforcement agencies, in the following amount:507

       (a) For a felony of the first degree, not more than twenty508
thousand dollars;509

       (b) For a felony of the second degree, not more than fifteen510
thousand dollars;511

       (c) For a felony of the third degree, not more than ten512
thousand dollars;513

       (d) For a felony of the fourth degree, not more than five514
thousand dollars;515

       (e) For a felony of the fifth degree, not more than two516
thousand five hundred dollars.517

       (4) A state fine or costs as defined in section 2949.111 of518
the Revised Code.519

       (5)(a) Reimbursement by the offender of any or all of the520
costs of sanctions incurred by the government, including the521
following:522

       (i) All or part of the costs of implementing any community523
control sanction, including a supervision fee under section524
2951.021 of the Revised Code;525

       (ii) All or part of the costs of confinement under a sanction 526
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the527
Revised Code, provided that the amount of reimbursement ordered528
under this division shall not exceed the total amount of529
reimbursement the offender is able to pay as determined at a530
hearing and shall not exceed the actual cost of the confinement.531

       (b) If the offender is sentenced to a sanction of confinement 532
pursuant to section 2929.14 or 2929.16 of the Revised Code that is 533
to be served in a facility operated by a board of county 534
commissioners, a legislative authority of a municipal corporation, 535
or another local governmental entity, if, pursuant to section 536
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 537
or 2947.19 of the Revised Code and section 2929.37 of the Revised 538
Code, the board, legislative authority, or other local539
governmental entity requires prisoners to reimburse the county, 540
municipal corporation, or other entity for its expenses incurred541
by reason of the prisoner's confinement, and if the court does not 542
impose a financial sanction under division (A)(5)(a)(ii) of this543
section, confinement costs may be assessed pursuant to section544
2929.37 of the Revised Code. In addition, the offender may be545
required to pay the fees specified in section 2929.38 of the546
Revised Code in accordance with that section.547

       (c) Reimbursement by the offender for costs pursuant to548
section 2929.71 of the Revised Code.549

       (B)(1) For a first, second, or third degree felony violation550
of any provision of Chapter 2925., 3719., or 4729. of the Revised551
Code, the sentencing court shall impose upon the offender a552
mandatory fine of at least one-half of, but not more than, the553
maximum statutory fine amount authorized for the level of the554
offense pursuant to division (A)(3) of this section. If an555
offender alleges in an affidavit filed with the court prior to556
sentencing that the offender is indigent and unable to pay the557
mandatory fine and if the court determines the offender is an558
indigent person and is unable to pay the mandatory fine described559
in this division, the court shall not impose the mandatory fine560
upon the offender.561

       (2) Any mandatory fine imposed upon an offender under562
division (B)(1) of this section and any fine imposed upon an563
offender under division (A)(2) or (3) of this section for any564
fourth or fifth degree felony violation of any provision of565
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid566
to law enforcement agencies pursuant to division (F) of section567
2925.03 of the Revised Code.568

       (3) For a fourth degree felony OVI offense and for a third569
degree felony OVI offense, the sentencing court shall impose upon570
the offender a mandatory fine in the amount specified in division571
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever572
is applicable. The mandatory fine so imposed shall be disbursed as 573
provided in the division pursuant to which it is imposed.574

       (4) Notwithstanding any fine otherwise authorized or required 575
to be imposed under division (A)(2) or (3) or (B)(1) of this 576
section or section 2929.31 of the Revised Code for a violation of 577
section 2925.03 of the Revised Code, in addition to any penalty or 578
sanction imposed for that offense under section 2925.03 or 579
sections 2929.11 to 2929.18 of the Revised Code and in addition to 580
the forfeiture of property in connection with the offense as581
prescribed in Chapter 2981. of the Revised Code, the court that 582
sentences an offender for a violation of section 2925.03 of the 583
Revised Code may impose upon the offender a fine in addition to 584
any fine imposed under division (A)(2) or (3) of this section and 585
in addition to any mandatory fine imposed under division (B)(1) of 586
this section. The fine imposed under division (B)(4) of this 587
section shall be used as provided in division (H) of section 588
2925.03 of the Revised Code. A fine imposed under division (B)(4) 589
of this section shall not exceed whichever of the following is 590
applicable:591

       (a) The total value of any personal or real property in which 592
the offender has an interest and that was used in the course of, 593
intended for use in the course of, derived from, or realized594
through conduct in violation of section 2925.03 of the Revised595
Code, including any property that constitutes proceeds derived596
from that offense;597

       (b) If the offender has no interest in any property of the598
type described in division (B)(4)(a) of this section or if it is599
not possible to ascertain whether the offender has an interest in600
any property of that type in which the offender may have an601
interest, the amount of the mandatory fine for the offense imposed602
under division (B)(1) of this section or, if no mandatory fine is603
imposed under division (B)(1) of this section, the amount of the604
fine authorized for the level of the offense imposed under605
division (A)(3) of this section.606

       (5) Prior to imposing a fine under division (B)(4) of this607
section, the court shall determine whether the offender has an608
interest in any property of the type described in division609
(B)(4)(a) of this section. Except as provided in division (B)(6)610
or (7) of this section, a fine that is authorized and imposed611
under division (B)(4) of this section does not limit or affect the612
imposition of the penalties and sanctions for a violation of613
section 2925.03 of the Revised Code prescribed under those614
sections or sections 2929.11 to 2929.18 of the Revised Code and615
does not limit or affect a forfeiture of property in connection616
with the offense as prescribed in Chapter 2981. of the Revised 617
Code.618

       (6) If the sum total of a mandatory fine amount imposed for a 619
first, second, or third degree felony violation of section 2925.03620
of the Revised Code under division (B)(1) of this section plus the621
amount of any fine imposed under division (B)(4) of this section 622
does not exceed the maximum statutory fine amount authorized for 623
the level of the offense under division (A)(3) of this section or624
section 2929.31 of the Revised Code, the court may impose a fine 625
for the offense in addition to the mandatory fine and the fine 626
imposed under division (B)(4) of this section. The sum total of 627
the amounts of the mandatory fine, the fine imposed under division 628
(B)(4) of this section, and the additional fine imposed under 629
division (B)(6) of this section shall not exceed the maximum 630
statutory fine amount authorized for the level of the offense 631
under division (A)(3) of this section or section 2929.31 of the 632
Revised Code. The clerk of the court shall pay any fine that is 633
imposed under division (B)(6) of this section to the county, 634
township, municipal corporation, park district as created pursuant 635
to section 511.18 or 1545.04 of the Revised Code, or state law 636
enforcement agencies in this state that primarily were responsible 637
for or involved in making the arrest of, and in prosecuting, the638
offender pursuant to division (F) of section 2925.03 of the639
Revised Code.640

       (7) If the sum total of the amount of a mandatory fine641
imposed for a first, second, or third degree felony violation of642
section 2925.03 of the Revised Code plus the amount of any fine643
imposed under division (B)(4) of this section exceeds the maximum644
statutory fine amount authorized for the level of the offense645
under division (A)(3) of this section or section 2929.31 of the646
Revised Code, the court shall not impose a fine under division647
(B)(6) of this section.648

       (C)(1) The offender shall pay reimbursements imposed upon the 649
offender pursuant to division (A)(5)(a) of this section to pay the 650
costs incurred by the department of rehabilitation and correction 651
in operating a prison or other facility used to confine offenders 652
pursuant to sanctions imposed under section 2929.14, 2929.142, or653
2929.16 of the Revised Code to the treasurer of state. The654
treasurer of state shall deposit the reimbursements in the655
confinement cost reimbursement fund that is hereby created in the656
state treasury. The department of rehabilitation and correction657
shall use the amounts deposited in the fund to fund the operation658
of facilities used to confine offenders pursuant to sections659
2929.14, 2929.142, and 2929.16 of the Revised Code.660

       (2) Except as provided in section 2951.021 of the Revised661
Code, the offender shall pay reimbursements imposed upon the662
offender pursuant to division (A)(5)(a) of this section to pay the663
costs incurred by a county pursuant to any sanction imposed under664
this section or section 2929.16 or 2929.17 of the Revised Code or665
in operating a facility used to confine offenders pursuant to a666
sanction imposed under section 2929.16 of the Revised Code to the667
county treasurer. The county treasurer shall deposit the668
reimbursements in the sanction cost reimbursement fund that each669
board of county commissioners shall create in its county treasury.670
The county shall use the amounts deposited in the fund to pay the671
costs incurred by the county pursuant to any sanction imposed672
under this section or section 2929.16 or 2929.17 of the Revised673
Code or in operating a facility used to confine offenders pursuant674
to a sanction imposed under section 2929.16 of the Revised Code.675

       (3) Except as provided in section 2951.021 of the Revised676
Code, the offender shall pay reimbursements imposed upon the677
offender pursuant to division (A)(5)(a) of this section to pay the678
costs incurred by a municipal corporation pursuant to any sanction679
imposed under this section or section 2929.16 or 2929.17 of the680
Revised Code or in operating a facility used to confine offenders681
pursuant to a sanction imposed under section 2929.16 of the682
Revised Code to the treasurer of the municipal corporation. The683
treasurer shall deposit the reimbursements in a special fund that684
shall be established in the treasury of each municipal685
corporation. The municipal corporation shall use the amounts686
deposited in the fund to pay the costs incurred by the municipal687
corporation pursuant to any sanction imposed under this section or688
section 2929.16 or 2929.17 of the Revised Code or in operating a689
facility used to confine offenders pursuant to a sanction imposed690
under section 2929.16 of the Revised Code.691

       (4) Except as provided in section 2951.021 of the Revised692
Code, the offender shall pay reimbursements imposed pursuant to693
division (A)(5)(a) of this section for the costs incurred by a694
private provider pursuant to a sanction imposed under this section695
or section 2929.16 or 2929.17 of the Revised Code to the provider.696

       (D) Except as otherwise provided in this division, a697
financial sanction imposed pursuant to division (A) or (B) of this698
section is a judgment in favor of the state or a political699
subdivision in which the court that imposed the financial sanction700
is located, and the offender subject to the financial sanction is 701
the judgment debtor. A financial sanction of reimbursement imposed 702
pursuant to division (A)(5)(a)(ii) of this section upon an703
offender who is incarcerated in a state facility or a municipal704
jail is a judgment in favor of the state or the municipal705
corporation, and the offender subject to the financial sanction is 706
the judgment debtor. A financial sanction of reimbursement imposed707
upon an offender pursuant to this section for costs incurred by a708
private provider of sanctions is a judgment in favor of the709
private provider, and the offender subject to the financial 710
sanction is the judgment debtor. A financial sanction of 711
restitution imposed pursuant to this section is an order in favor 712
of the victim of the offender's criminal act that can be collected 713
through execution as described in division (D)(1) of this section 714
or through an order as described in division (D)(2) of this 715
section, and the offender shall be considered for purposes of the 716
collection as the judgment debtor. Imposition of a financial717
sanction and execution on the judgment does not preclude any other718
power of the court to impose or enforce sanctions on the offender.719
Once the financial sanction is imposed as a judgment or order 720
under this division, the victim, private provider, state, or721
political subdivision may bring an action to do any of the 722
following:723

       (1) Obtain execution of the judgment or order through any724
available procedure, including:725

       (a) An execution against the property of the judgment debtor726
under Chapter 2329. of the Revised Code;727

       (b) An execution against the person of the judgment debtor728
under Chapter 2331. of the Revised Code;729

       (c) A proceeding in aid of execution under Chapter 2333. of730
the Revised Code, including:731

       (i) A proceeding for the examination of the judgment debtor732
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27733
of the Revised Code;734

       (ii) A proceeding for attachment of the person of the735
judgment debtor under section 2333.28 of the Revised Code;736

       (iii) A creditor's suit under section 2333.01 of the Revised737
Code.738

       (d) The attachment of the property of the judgment debtor739
under Chapter 2715. of the Revised Code;740

       (e) The garnishment of the property of the judgment debtor741
under Chapter 2716. of the Revised Code.742

       (2) Obtain an order for the assignment of wages of the743
judgment debtor under section 1321.33 of the Revised Code.744

       (E) A court that imposes a financial sanction upon an745
offender may hold a hearing if necessary to determine whether the746
offender is able to pay the sanction or is likely in the future to747
be able to pay it.748

       (F) Each court imposing a financial sanction upon an offender 749
under this section or under section 2929.32 of the Revised Code 750
may designate the clerk of the court or another person to collect751
the financial sanction. The clerk or other person authorized by 752
law or the court to collect the financial sanction may enter into 753
contracts with one or more public agencies or private vendors for 754
the collection of, amounts due under the financial sanction 755
imposed pursuant to this section or section 2929.32 of the Revised 756
Code. Before entering into a contract for the collection of757
amounts due from an offender pursuant to any financial sanction 758
imposed pursuant to this section or section 2929.32 of the Revised 759
Code, a court shall comply with sections 307.86 to 307.92 of the760
Revised Code.761

       (G) If a court that imposes a financial sanction under762
division (A) or (B) of this section finds that an offender763
satisfactorily has completed all other sanctions imposed upon the764
offender and that all restitution that has been ordered has been765
paid as ordered, the court may suspend any financial sanctions766
imposed pursuant to this section or section 2929.32 of the Revised767
Code that have not been paid.768

       (H) No financial sanction imposed under this section or769
section 2929.32 of the Revised Code shall preclude a victim from770
bringing a civil action against the offender.771

       Section 4.  That the existing version of section 2929.18 of 772
the Revised Code that is scheduled to take effect on July 1, 2007, 773
is hereby repealed.774

       Section 5.  Sections 3 and 4 of this act shall take effect on 775
July 1, 2007.776

       Section 6.  Section 2929.18 of the Revised Code is presented 777
in Section 3 of this act as a composite of the section as amended 778
by both Sub. H.B. 241 and Am. Sub. H.B. 461 of the 126th General 779
Assembly. The General Assembly, applying the principle stated in 780
division (B) of section 1.52 of the Revised Code that amendments 781
are to be harmonized if reasonably capable of simultaneous 782
operation, finds that the composite is the resulting version of 783
the section in effect prior to the effective date of the section 784
as presented in Section 3 of this act.785