Read the full stored bill text
As Passed by the House
136th
General Assembly
Regular
Session
H. B. No. 296
2025-2026
Representative Miller, M.
Cosponsors: Representatives Click,
Deeter, Fischer, Humphrey, Lear, White, E., Jarrells, Brewer,
Williams, Rader, Synenberg, Abdullahi, Brennan, Brent, Brownlee,
Bryant Bailey, Callender, Cockley, Daniels, Fowler Arthur, Grim,
Lawson-Rowe, Lett, Miller, J., Mohamed, Odioso, Oelslager,
Piccolantonio, Richardson, Rogers, Russo, Salvo, Sims, Somani, Tims,
Upchurch, White, A., Willis
To
amend section 2929.18 of the Revised Code
to
delay financial sanctions for one hundred eighty days after an
offender's release from prison or completion of transitional control.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2929.18 of the Revised Code be amended to read as follows:
Sec.
2929.18.
(A)
Except as otherwise provided in this division and in addition to
imposing court costs pursuant to section 2947.23 of the Revised Code,
the court imposing a sentence upon an offender for a felony may
sentence the offender to any financial sanction or combination of
financial sanctions authorized under this section or, in the
circumstances specified in section 2929.32 of the Revised Code, may
impose upon the offender a fine in accordance with that section, and
shall sentence the offender to make restitution pursuant to this
section and section 2929.281 of the Revised Code. The victim has a
right not to seek restitution. Financial sanctions that either are
required to be or may be imposed pursuant to this section include,
but are not limited to, the following:
(1)
Restitution by the offender to the victim of the offender's criminal
offense or the victim's estate, in an amount based on the victim's
economic loss. In open court, the court shall order that full
restitution be made to the victim, to the adult probation department
that serves the county on behalf of the victim, to the clerk of
courts, or to another agency designated by the court. At sentencing,
the court shall determine the amount of restitution to be made by the
offender. The victim, victim's representative, victim's attorney, if
applicable, the prosecutor or the prosecutor's designee, and the
offender may provide information relevant to the determination of the
amount of restitution. The amount the court orders as restitution
shall not exceed the amount of the economic loss suffered by the
victim as a direct and proximate result of the commission of the
offense. If the court imposes restitution for the cost of accounting
or auditing done to determine the extent of economic loss, the court
may order restitution for any amount of the victim's costs of
accounting or auditing provided that the amount of restitution is
reasonable and does not exceed the value of property or services
stolen or damaged as a result of the offense. The court shall hold a
hearing on restitution if the offender, victim, victim's
representative, or victim's estate disputes the amount. The court
shall determine the amount of full restitution by a preponderance of
the evidence. All restitution payments shall be credited against any
recovery of economic loss in a civil action brought by the victim or
the victim's estate against the offender.
The
court may order that the offender pay a surcharge of not more than
five per cent of the amount of the restitution otherwise ordered to
the entity responsible for collecting and processing restitution
payments.
The
victim, victim's estate, or victim's attorney, if applicable, may
file a motion or request that the prosecutor in the case file a
motion, or the offender may file a motion, for modification of the
payment terms of any restitution ordered. If the court grants the
motion, it may modify the payment terms as it determines appropriate
but shall not reduce the amount of restitution ordered, except as
provided in division (A) of section 2929.281 of the Revised Code. The
court shall not discharge restitution until it is fully paid by the
offender.
(2)
Except as provided in division (B)(1), (3), or (4) of this section, a
fine payable by the offender to the state, to a political
subdivision, or as described in division (B)(2) of this section to
one or more law enforcement agencies, with the amount of the fine
based on a standard percentage of the offender's daily income over a
period of time determined by the court and based upon the seriousness
of the offense. A fine ordered under this division shall not exceed
the maximum conventional fine amount authorized for the level of the
offense under division (A)(3) of this section.
(3)
Except as provided in division (B)(1), (3), or (4) of this section, a
fine payable by the offender to the state, to a political subdivision
when appropriate for a felony, or as described in division (B)(2) of
this section to one or more law enforcement agencies, in the
following amount:
(a)
For a felony of the first degree, not more than twenty thousand
dollars;
(b)
For a felony of the second degree, not more than fifteen thousand
dollars;
(c)
For a felony of the third degree, not more than ten thousand dollars;
(d)
For a felony of the fourth degree, not more than five thousand
dollars;
(e)
For a felony of the fifth degree, not more than two thousand five
hundred dollars.
(4)
A state fine or costs as defined in section 2949.111 of the Revised
Code.
(5)(a)
Reimbursement by the offender of any or all of the costs of sanctions
incurred by the government, including the following:
(i)
All or part of the costs of implementing any community control
sanction, including a supervision fee under section 2951.021 of the
Revised Code;
(ii)
All or part of the costs of confinement under a sanction imposed
pursuant to section 2929.14, 2929.142, or 2929.16 of the Revised
Code, provided that the amount of reimbursement ordered under this
division shall not exceed the total amount of reimbursement the
offender is able to pay as determined at a hearing and shall not
exceed the actual cost of the confinement;
(iii)
All or part of the cost of purchasing and using an immobilizing or
disabling device, including a certified ignition interlock device, or
a remote alcohol monitoring device that a court orders an offender to
use under section 4510.13 of the Revised Code.
(b)
If the offender is sentenced to a sanction of confinement pursuant to
section 2929.14 or 2929.16 of the Revised Code that is to be served
in a facility operated by a board of county commissioners, a
legislative authority of a municipal corporation, or another local
governmental entity, if, pursuant to section 307.93, 341.14, 341.19,
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code and section 2929.37 of the Revised Code, the board, legislative
authority, or other local governmental entity requires prisoners to
reimburse the county, municipal corporation, or other entity for its
expenses incurred by reason of the prisoner's confinement, and if the
court does not impose a financial sanction under division
(A)(5)(a)(ii) of this section, confinement costs may be assessed
pursuant to section 2929.37 of the Revised Code. In addition, the
offender may be required to pay the fees specified in section 2929.38
of the Revised Code in accordance with that section.
(c)
Reimbursement by the offender for costs pursuant to section 2929.71
of the Revised Code;
(d)
Reimbursement by the offender for costs pursuant to section 2917.321
of the Revised Code.
(B)(1)
For a first, second, or third degree felony violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code, the
sentencing court shall impose upon the offender a mandatory fine of
at least one-half of, but not more than, the maximum statutory fine
amount authorized for the level of the offense pursuant to division
(A)(3) of this section. If an offender alleges in an affidavit filed
with the court prior to sentencing that the offender is indigent and
unable to pay the mandatory fine and if the court determines the
offender is an indigent person and is unable to pay the mandatory
fine described in this division, the court shall not impose the
mandatory fine upon the offender.
(2)
Any mandatory fine imposed upon an offender under division (B)(1) of
this section and any fine imposed upon an offender under division
(A)(2) or (3) of this section for any fourth or fifth degree felony
violation of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code shall be paid to law enforcement agencies pursuant to
division (F) of section 2925.03 of the Revised Code.
(3)
For a fourth degree felony OVI offense and for a third degree felony
OVI offense, the sentencing court shall impose upon the offender a
mandatory fine in the amount specified in division (G)(1)(d) or (e)
of section 4511.19 of the Revised Code, whichever is applicable. The
mandatory fine so imposed shall be disbursed as provided in the
division pursuant to which it is imposed.
(4)
Notwithstanding any fine otherwise authorized or required to be
imposed under division (A)(2) or (3) or (B)(1) of this section or
section 2929.31 of the Revised Code for a violation of section
2925.03 of the Revised Code, in addition to any penalty or sanction
imposed for that offense under section 2925.03 or sections 2929.11 to
2929.18 of the Revised Code and in addition to the forfeiture of
property in connection with the offense as prescribed in Chapter
2981. of the Revised Code, the court that sentences an offender for a
violation of section 2925.03 of the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division (A)(2)
or (3) of this section and in addition to any mandatory fine imposed
under division (B)(1) of this section. The fine imposed under
division (B)(4) of this section shall be used as provided in division
(H) of section 2925.03 of the Revised Code. A fine imposed under
division (B)(4) of this section shall not exceed whichever of the
following is applicable:
(a)
The total value of any personal or real property in which the
offender has an interest and that was used in the course of, intended
for use in the course of, derived from, or realized through conduct
in violation of section 2925.03 of the Revised Code, including any
property that constitutes proceeds derived from that offense;
(b)
If the offender has no interest in any property of the type described
in division (B)(4)(a) of this section or if it is not possible to
ascertain whether the offender has an interest in any property of
that type in which the offender may have an interest, the amount of
the mandatory fine for the offense imposed under division (B)(1) of
this section or, if no mandatory fine is imposed under division
(B)(1) of this section, the amount of the fine authorized for the
level of the offense imposed under division (A)(3) of this section.
(5)
Prior to imposing a fine under division (B)(4) of this section, the
court shall determine whether the offender has an interest in any
property of the type described in division (B)(4)(a) of this section.
Except as provided in division (B)(6) or (7) of this section, a fine
that is authorized and imposed under division (B)(4) of this section
does not limit or affect the imposition of the penalties and
sanctions for a violation of section 2925.03 of the Revised Code
prescribed under those sections or sections 2929.11 to 2929.18 of the
Revised Code and does not limit or affect a forfeiture of property in
connection with the offense as prescribed in Chapter 2981. of the
Revised Code.
(6)
If the sum total of a mandatory fine amount imposed for a first,
second, or third degree felony violation of section 2925.03 of the
Revised Code under division (B)(1) of this section plus the amount of
any fine imposed under division (B)(4) of this section does not
exceed the maximum statutory fine amount authorized for the level of
the offense under division (A)(3) of this section or section 2929.31
of the Revised Code, the court may impose a fine for the offense in
addition to the mandatory fine and the fine imposed under division
(B)(4) of this section. The sum total of the amounts of the mandatory
fine, the fine imposed under division (B)(4) of this section, and the
additional fine imposed under division (B)(6) of this section shall
not exceed the maximum statutory fine amount authorized for the level
of the offense under division (A)(3) of this section or section
2929.31 of the Revised Code. The clerk of the court shall pay any
fine that is imposed under division (B)(6) of this section to the
county, township, municipal corporation, park district as created
pursuant to section 511.18 or 1545.04 of the Revised Code, or state
law enforcement agencies in this state that primarily were
responsible for or involved in making the arrest of, and in
prosecuting, the offender pursuant to division (F) of section 2925.03
of the Revised Code.
(7)
If the sum total of the amount of a mandatory fine imposed for a
first, second, or third degree felony violation of section 2925.03 of
the Revised Code plus the amount of any fine imposed under division
(B)(4) of this section exceeds the maximum statutory fine amount
authorized for the level of the offense under division (A)(3) of this
section or section 2929.31 of the Revised Code, the court shall not
impose a fine under division (B)(6) of this section.
(8)(a)
If an offender who is convicted of or pleads guilty to a violation of
section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323 involving a minor, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1422 of the Revised Code that charges that
the offender knowingly committed the offense in furtherance of human
trafficking, the sentencing court shall sentence the offender to a
financial sanction of restitution by the offender to the victim or
the victim's estate, with the restitution including the costs of
housing, counseling, and medical and legal assistance incurred by the
victim as a direct result of the offense and the greater of the
following:
(i)
The gross income or value to the offender of the victim's labor or
services;
(ii)
The value of the victim's labor as guaranteed under the minimum wage
and overtime provisions of the "Federal Fair Labor Standards Act
of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state labor laws.
(b)
If a court imposing sentence upon an offender for a felony is
required to impose upon the offender a financial sanction of
restitution under division (B)(8)(a) of this section, in addition to
that financial sanction of restitution, the court may sentence the
offender to any other financial sanction or combination of financial
sanctions authorized under this section, including a restitution
sanction under division (A)(1) of this section.
(9)
In addition to any other fine that is or may be imposed under this
section, the court imposing sentence upon an offender for a felony
that is a sexually oriented offense or a child-victim oriented
offense, as those terms are defined in section 2950.01 of the Revised
Code, may impose a fine of not less than fifty nor more than five
hundred dollars.
(10)
For a felony violation of division (A) of section 2921.321 of the
Revised Code that results in the death of the police dog or horse
that is the subject of the violation, the sentencing court shall
impose upon the offender a mandatory fine from the range of fines
provided under division (A)(3) of this section for a felony of the
third degree. A mandatory fine imposed upon an offender under
division (B)(10) of this section shall be paid to the law enforcement
agency that was served by the police dog or horse that was killed in
the felony violation of division (A) of section 2921.321 of the
Revised Code to be used as provided in division (E)(1)(b) of that
section.
(11)
In addition to any other fine that is or may be imposed under this
section, the court imposing sentence upon an offender for any of the
following offenses that is a felony may impose a fine of not less
than seventy nor more than five hundred dollars, which, except as
provided in division (B)(12) of this section, shall be transmitted to
the treasurer of state to be credited to the address confidentiality
program fund created by section 111.48 of the Revised Code:
(a)
Domestic violence;
(b)
Menacing by stalking;
(c)
Rape;
(d)
Sexual battery;
(e)
Trafficking in persons;
(f)
A violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323 involving a
minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22
of the Revised Code, if the offender also is convicted of a
specification of the type described in section 2941.1422 of the
Revised Code that charges that the offender knowingly committed the
offense in furtherance of human trafficking.
(12)(a)
A court that imposes a fine under division (B)(11) of this section
may retain up to twenty-five per cent of amounts collected in
satisfaction of the fine to cover administrative costs.
(b)
A court that imposes a fine under division (B)(11) of this section
may assign up to twenty-five per cent of amounts collected in
satisfaction of the fine to reimburse the prosecuting attorney for
costs associated with prosecution of the offense.
(C)(1)
Except as provided in section 2951.021 of the Revised Code, the
offender shall pay reimbursements imposed upon the offender pursuant
to division (A)(5)(a) of this section to pay the costs incurred by a
county pursuant to any sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code to the county treasurer. The
county treasurer shall deposit the reimbursements in the sanction
cost reimbursement fund that each board of county commissioners shall
create in its county treasury. The county shall use the amounts
deposited in the fund to pay the costs incurred by the county
pursuant to any sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code or in operating a facility
used to confine offenders pursuant to a sanction imposed under
section 2929.16 of the Revised Code.
(2)
Except as provided in section 2951.021 of the Revised Code, the
offender shall pay reimbursements imposed upon the offender pursuant
to division (A)(5)(a) of this section to pay the costs incurred by a
municipal corporation pursuant to any sanction imposed under this
section or section 2929.16 or 2929.17 of the Revised Code or in
operating a facility used to confine offenders pursuant to a sanction
imposed under section 2929.16 of the Revised Code to the treasurer of
the municipal corporation. The treasurer shall deposit the
reimbursements in a special fund that shall be established in the
treasury of each municipal corporation. The municipal corporation
shall use the amounts deposited in the fund to pay the costs incurred
by the municipal corporation pursuant to any sanction imposed under
this section or section 2929.16 or 2929.17 of the Revised Code or in
operating a facility used to confine offenders pursuant to a sanction
imposed under section 2929.16 of the Revised Code.
(3)
Except as provided in section 2951.021 of the Revised Code, the
offender shall pay reimbursements imposed pursuant to division
(A)(5)(a) of this section for the costs incurred by a private
provider pursuant to a sanction imposed under this section or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D)
Except as otherwise provided in this division, a financial sanction
imposed pursuant to division (A) or (B) of this section is a judgment
in favor of the state or a political subdivision in which the court
that imposed the financial sanction is located, and the offender
subject to the financial sanction is the judgment debtor. A financial
sanction of reimbursement imposed pursuant to division (A)(5)(a)(ii)
of this section upon an offender who is incarcerated in a state
facility or a municipal jail is a judgment in favor of the state or
the municipal corporation, and the offender subject to the financial
sanction is the judgment debtor. A financial sanction of
reimbursement imposed upon an offender pursuant to this section for
costs incurred by a private provider of sanctions is a judgment in
favor of the private provider, and the offender subject to the
financial sanction is the judgment debtor. A financial sanction of a
mandatory fine imposed under division (B)(10) of this section that is
required under that division to be paid to a law enforcement agency
is a judgment in favor of the specified law enforcement agency, and
the offender subject to the financial sanction is the judgment
debtor. A financial sanction of restitution imposed pursuant to
division (A)(1) or (B)(8) of this section is an order in favor of the
victim of the offender's criminal act that can be collected through a
certificate of judgment as described in division (D)(1) of this
section, through execution as described in division (D)(2) of this
section, or through an order as described in division (D)(3) of this
section, and the offender shall be considered for purposes of the
collection as the judgment debtor. Imposition of a financial sanction
and execution on the judgment does not preclude any other power of
the court to impose or enforce sanctions on the offender.
Once
Subject
to division (K) of this section, once
the
financial sanction is imposed as a judgment or order under this
division, the victim, private provider, state, or political
subdivision may do any of the following:
(1)
Obtain from the clerk of the court in which the judgment was entered,
at no cost, a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2)
Obtain execution of the judgment or order through any available
procedure, including:
(a)
An execution against the property of the judgment debtor under
Chapter 2329. of the Revised Code;
(b)
An execution against the person of the judgment debtor under Chapter
2331. of the Revised Code;
(c)
A proceeding in aid of execution under Chapter 2333. of the Revised
Code, including:
(i)
A proceeding for the examination of the judgment debtor under
sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the
Revised Code;
(ii)
A proceeding for attachment of the person of the judgment debtor
under section 2333.28 of the Revised Code;
(iii)
A creditor's suit under section 2333.01 of the Revised Code.
(d)
The attachment of the property of the judgment debtor under Chapter
2715. of the Revised Code;
(e)
The garnishment of the property of the judgment debtor under Chapter
2716. of the Revised Code.
(3)
Obtain an order for the assignment of wages of the judgment debtor
under section 1321.33 of the Revised Code.
(E)
A court that imposes a financial sanction upon an offender may hold a
hearing if necessary to determine whether the offender is able to pay
the sanction or is likely in the future to be able to pay it.
(F)
Each court imposing a financial sanction upon an offender under this
section or under section 2929.32 of the Revised Code may designate
the clerk of the court or another person to collect the financial
sanction. The clerk or other person authorized by law or the court to
collect the financial sanction may enter into contracts with one or
more public agencies or private vendors for the collection of,
amounts due under the financial sanction imposed pursuant to this
section or section 2929.32 of the Revised Code. Before entering into
a contract for the collection of amounts due from an offender
pursuant to any financial sanction imposed pursuant to this section
or section 2929.32 of the Revised Code, a court shall comply with
sections 307.86 to 307.92 of the Revised Code.
(G)
If a court that imposes a financial sanction under division (A) or
(B) of this section finds that an offender satisfactorily has
completed all other sanctions imposed upon the offender and that all
restitution that has been ordered has been paid as ordered, the court
may suspend any financial sanctions imposed pursuant to this section
or section 2929.32 of the Revised Code that have not been paid.
(H)
No financial sanction imposed under this section or section 2929.32
of the Revised Code shall preclude a victim from bringing a civil
action against the offender.
(I)
If the court imposes restitution, fines, fees, or incarceration costs
on a business or corporation, it is the duty of the person authorized
to make disbursements from the assets of the business or corporation
to pay the restitution, fines, fees, or incarceration costs from
those assets.
(J)
If an offender is sentenced to pay restitution, a fine, fee, or
incarceration costs, the clerk of the sentencing court, on request,
shall make the offender's payment history available to the
prosecutor, victim, victim's representative, victim's attorney, if
applicable, the probation department, and the court without cost.
(K)
The court shall not require an offender to pay any outstanding
court-assessed fines, fees, financial sanctions, or costs arising
from a criminal proceeding during either of the following periods,
whichever is later:
(1)
The one hundred eighty days following the offender's release from a
sentence of imprisonment of one year or more;
(2)
The one hundred eighty days following the offender's completion of a
period of transitional control, as defined in section 2967.01 of the
Revised Code.
This
division does not apply to restitution owed to a victim.
Section
2.
That
existing section 2929.18 of the Revised Code is hereby repealed.