Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 336
2025-2026
Representative Young
Cosponsors: Representatives Brennan,
Click, Gross, Johnson, Newman
A
BILL
To
amend section 2929.18 and to enact section 2125.05 of the Revised
Code
to
require a felony offender of an OVI-caused aggravated vehicular
homicide to pay child maintenance when the victim is a parent, legal
guardian, or custodian of a minor child, to allow child maintenance
to be awarded in a wrongful death action when the offender is
deceased, and to name this act the Sam Knisley Family Support Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2929.18 be amended and section 2125.05 of the Revised Code be
enacted to read as follows:
Sec.
2125.05.
(A)
In addition to compensatory damages, a court may award child
maintenance in a civil action for wrongful death in a case in which
both of the following apply:
(1)
The wrongful death is found to have been proximately caused by the
deceased defendant's felony violation of division (A)(1) of section
2903.06 of the Revised Code.
(2)
At the time of death, the deceased victim was the parent of at least
one surviving minor child.
(B)
For each minor child of the victim, the court may order the payment
of child maintenance until the child reaches eighteen years of age.
(C)
The court shall calculate the amount of child maintenance in
accordance with the basic child support schedule, the applicable
worksheet, and the other provisions of Chapter 3119. of the Revised
Code as if the deceased defendant were a parent subject to a child
support order under that chapter.
(D)
The court shall order that child maintenance payments be made from
the defendant's estate to the clerk of courts as trustee for
remittance to the child's surviving parent. The clerk shall remit the
payments to the surviving parent within three business days of
receipt by the clerk. The clerk shall deposit all payments not later
than the next business day after receipt.
(E)
For purposes of this section, "parent" includes a legal
custodian or guardian of a child.
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
However,
the court shall order the financial sanction specified in division
(A)(2) of this section, if applicable, in addition to any other
financial sanction or combination of financial sanctions imposed
under this section. Subject to division (A)(2) of this section,
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
(2)(a)
For any felony violation of division (A)(1) of section 2903.06 of the
Revised Code, the court shall order restitution in the form of child
maintenance if the offender was convicted of or pleaded guilty to
that violation and at the time of the offense the deceased victim was
the parent, legal custodian, or guardian of at least one surviving
minor child. For each minor child of the victim, the offender shall
pay child maintenance until the child reaches eighteen years of age.
(b)
The court shall calculate the amount of child maintenance in
accordance with the basic child support schedule, the applicable
worksheet, and the other provisions of Chapter 3119. of the Revised
Code as if the offender were a parent subject to a child support
order under that chapter.
(c)
The court shall order that child maintenance payments be made to the
clerk of courts as trustee for remittance to the child's surviving
parent, legal custodian, or guardian. The clerk shall remit the
payments to the surviving parent, legal custodian, or guardian within
three business days of receipt by the clerk. The clerk shall deposit
all payments not later than the next business day after receipt.
(d)
If the offender is ordered to pay child maintenance under this
section and is incarcerated and unable to pay the required child
maintenance, the offender shall have not more than one year after the
release from incarceration to begin payment and shall enter a payment
plan with the court to address any arrearage. If the child
maintenance payments are set to terminate but the offender's
obligation is not paid in full, the child maintenance payments shall
continue until the entire arrearage is paid.
(e)
If a parent, legal guardian, or custodian brings a civil action
against the offender prior to the ordering of child maintenance under
this section and obtains a judgment covering the costs of child
maintenance in the civil action, no child maintenance shall be
ordered under this section.
(f)
If an offender is ordered to pay child maintenance under this section
and a parent, legal guardian, or custodian subsequently brings a
civil action against the offender and obtains a civil judgment
covering the costs of child maintenance, the amount of restitution in
the form of child maintenance shall be reduced by the amount of the
judgment awarded in the civil action.
(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, 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)
(A)(4)
of
this section.
(3)
(4)
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)
(5)
A
state fine or costs as defined in section 2949.111 of the Revised
Code.
(5)(a)
(6)(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)
(A)(6)(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)
(A)(4)
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)
(A)(3)
or
(3)
(4)
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)
(A)(3)
or
(3)
(4)
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)
(A)(3)
or
(3)
(4)
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)
(A)(4)
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)
(A)(4)
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)
(A)(4)
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)
(A)(4)
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)
(A)(4)
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)
(A)(6)(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)
(A)(6)(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)
(A)(6)(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)
(A)(6)(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)
,
(A)(2),
or (B)(8) of this section is an order in favor of the victim of the
offender's criminal act
or,
with respect to division (A)(2) of this section, in favor of the
parent, legal custodian, or guardian of a surviving minor child 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 the financial sanction is imposed as a judgment or
order under this division, the victim
,
or parent, legal custodian, or guardian of a surviving minor child of
the victim if division (A)(2) of this section applies,
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
Except
as otherwise provided in division (A)(2) of this section, 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.
Section
2.
That
existing section 2929.18 of the Revised Code is hereby repealed.
Section
3.
This
act shall be known as the Sam Knisley Family Support Act.