130th Ohio General Assembly
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H. B. No. 488  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 488


Representatives Baker, Slaby 

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



A BILL
To amend sections 109.91, 2743.70, and 2949.092 and to enact sections 109.921 and 2949.095 of the Revised Code to generally impose an additional court cost of $100 for a felony or misdemeanor in cases in which a person is convicted of a sexually oriented offense; to require the deposit of the additional court cost into the Rape Crisis Program Trust Fund administered by the Attorney General; to fund rape crisis centers out of the Fund; to increase to $50 for a felony and $15 for a misdemeanor the additional court cost that is charged to fund the Reparations Fund; and to add a representative of rape crisis centers as a member of the State Victims Assistance Advisory Committee.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.91, 2743.70, and 2949.092 be amended and sections 109.921 and 2949.095 of the Revised Code be enacted to read as follows:
Sec. 109.91.  (A) There is hereby established within the office of the attorney general the crime victims assistance office.
(B) There is hereby established the state victims assistance advisory council. The council shall consist of a chairperson, to be appointed by the attorney general, three ex officio members, and fifteen members to be appointed by the attorney general as follows: one member who represents the Ohio victim-witness association; three members who represent local victim assistance programs, including one from a municipally operated program and one from a county-operated program; one member who represents the interests of elderly victims; one member who is a board member of any statewide or local organization that exists primarily to aid victims of domestic violence, or who is an employee of, or counselor for, such an organization; one member who represents rape crisis centers; one member who is an employee or officer of a county probation department or a probation department operated by the department of rehabilitation and correction; one member who is a county prosecuting attorney; one member who is a city law director; one member who is a county sheriff; one member who is a member or officer of a township or municipal police department; one member who is a court of common pleas judge; one member who is a municipal court judge or county court judge; and two members who are private citizens and are not government employees.
The council shall include the following ex officio, nonvoting members: the attorney general, one member of the senate to be designated by the president of the senate, and one member of the house of representatives to be designated by the speaker of the house.
Members of the council shall serve without compensation, but shall be reimbursed for travel and other necessary expenses that are incurred in the conduct of their official duties as members of the council. The chairperson and members of the council appointed by the attorney general shall serve at the pleasure of the attorney general. The attorney general shall serve on the council until the end of the term of office that qualified the attorney general for membership on the council. The member of the senate and the member of the house of representatives shall serve at the pleasure of the president of the senate and the speaker of the house of representatives, respectively.
(C) The victims assistance advisory council shall perform both of the following duties:
(1) Advise the crime victims assistance office in determining crime and delinquency victim service needs, determining crime and delinquency victim policies for the state, and improving and exercising leadership in the quality of crime and delinquency victim programs in the state;
(2) Review and recommend to the crime victims assistance office the victim assistance programs that should be considered for the receipt of state financial assistance pursuant to section 109.92 of the Revised Code. The financial assistance allocation recommendations of the council shall be based on the following priorities:
(a) Programs in existence on July 1, 1985, shall be given first priority;
(b) Programs offering or proposing to offer the broadest range of services and referrals to the community served, including medical, psychological, financial, educational, vocational, and legal services that were not in existence on July 1, 1985, shall be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the Revised Code, "victim assistance program" includes, but is not limited to a program that provides at least one of the following:
(1) Services to victims of any offense of violence or delinquent act that would be an offense of violence if committed by an adult;
(2) Financial assistance or property repair services to victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in judicial proceedings;
(4) Assistance to victims of crime or delinquent acts under the operation of any political subdivision of the state or a branch of the criminal justice system set forth in division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;
(5) Technical assistance to persons or organizations that provide services to victims of crime or delinquent acts under the operation of a branch of the criminal justice system set forth in division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code.
A victim assistance program does not include the program for the reparation of crime victims established pursuant to Chapter 2743. of the Revised Code.
(E) As used in this section, "rape crisis centers" means organizations and entities that operate in this state and that provide one or more of the services specified in division (D) of section 109.921 of the Revised Code to or for victims of sexual assault, as defined in that section.
Sec. 109.921.  (A) As used in this section:
(1) "Eligible rape crisis center" means an organization or entity that operates in this state and that provides one or more of the services specified in division (D) of this section to or for victims of sexual assault.
(2) "Sexual assault" means any of the following:
(a) A violation of section 2907.02, 2907.03, 2907.04, 2907.05, or former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is or was substantially equivalent to any section listed in division (A)(2)(a) of this section.
(B) There is hereby created in the state treasury the rape crisis program trust fund, consisting of moneys paid into the fund pursuant to section 2949.095 of the Revised Code out of the additional court costs imposed under that section and any moneys appropriated to the fund by the general assembly. The attorney general shall administer the fund. The attorney general may use not more than five per cent of the moneys deposited or appropriated into the fund to pay costs associated with administering this section and shall use at least ninety-five per cent of the moneys deposited or appropriated into the fund for the purpose of providing funding to eligible rape crisis centers under this section.
(C) The attorney general shall adopt rules under Chapter 119. of the Revised Code that establish procedures for eligible rape crisis centers to apply to the attorney general for funding out of the rape crisis program trust fund and procedures for the attorney general to distribute money out of the fund to eligible rape crisis centers.
(D) An eligible rape crisis center that receives funding out of the rape crisis program trust fund shall use the money received only to provide one or more of the following services to or for victims of sexual assault:
(1) A telephone hotline;
(2) Information and referral services;
(3) Crisis-intervention services;
(4) Advocacy and support services;
(5) Therapy services;
(6) Service coordination;
(7) Programs to promote community awareness of available services;
(8) Medical intervention.
Sec. 2743.70.  (A)(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
(a) Thirty Fifty dollars, if the offense is a felony;
(b) Nine Fifteen dollars, if the offense is a misdemeanor.
The court shall not waive the payment of the thirty fifty- or nine dollars fifteen-dollar court costs cost, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.
(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:
(a) Thirty Fifty dollars, if the act, if committed by an adult, would be a felony;
(b) Nine Fifteen dollars, if the act, if committed by an adult, would be a misdemeanor.
The thirty fifty- or nine dollars fifteen-dollar court costs cost shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty fifty- or nine dollars fifteen-dollar court costs cost is waived. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.
(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4, the court shall add to the amount of the bail the thirty fifty or nine fifteen dollars required to be paid by division (A)(1) of this section. The thirty fifty or nine fifteen dollars shall be retained by the clerk of the court until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the thirty fifty or nine fifteen dollars to the treasurer of state, who shall deposit it in the reparations fund. If the person is found not guilty or the charges are dismissed, the clerk shall return the thirty fifty or nine fifteen dollars to the person.
(C) No person shall be placed or held in jail for failing to pay the additional thirty fifty- or nine dollars fifteen-dollar court costs cost or bail that are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" means any violation of any statute or ordinance, other than section 4513.263 of the Revised Code or an ordinance that is substantially equivalent to that section, that regulates the operation of vehicles, streetcars, or trackless trolleys on highways or streets or that regulates size or load limitations or fitness requirements of vehicles. "Moving violation" does not include the violation of any statute or ordinance that regulates pedestrians or the parking of vehicles.
(2) "Bail" means cash, a check, a money order, a credit card, or any other form of money that is posted by or for an offender pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4 to prevent the offender from being placed or held in a detention facility, as defined in section 2921.01 of the Revised Code.
Sec. 2949.092.  If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091, 2949.093, or 2949.094, or 2949.095 of the Revised Code or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.
Sec. 2949.095.  (A) The court in which any person is convicted of or pleads guilty to any sexually oriented offense shall impose the sum of one hundred dollars as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender.
The clerk may retain one dollar out of each one hundred-dollar court cost collected under this division as a service charge of the clerk's office. The clerk of the court shall transmit on or before the twentieth day of the following month all moneys collected pursuant to this division during a month, after deduction of any service charges allowed and retained under this division, to the treasurer of state. The treasurer of state shall deposit all moneys received pursuant to this section into the state treasury to the credit of the rape crisis trust fund established under section 109.921 of the Revised Code. The court shall not waive the payment of the additional one hundred-dollar court cost unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
(B) Whenever a person is charged with any sexually oriented offense and posts bail, the court shall add to the amount of the bail the one hundred dollars required to be paid by division (A) of this section. The clerk of the court shall retain the one hundred dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk may retain one dollar out of each one hundred-dollar court cost collected under this division as a service charge of the clerk's office. The clerk shall transmit the one hundred dollars, after deduction of any service charges allowed and retained under this division, on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the treasurer of state. The treasurer of state shall deposit that money into the state treasury to the credit of the rape crisis trust fund established under section 109.921 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the one hundred dollars to the person.
(C) No person shall be placed or held in a detention facility for failing to pay the additional one hundred-dollar court cost or bail required to be paid by this section.
(D) As used in this section:
(1) "Bail" has the same meaning as in section 2743.70 of the Revised Code.
(2) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
Section 2.  That existing sections 109.91, 2743.70, and 2949.092 of the Revised Code are hereby repealed.
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