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As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 519
2025-2026
Representative White, A.
Cosponsors: Representatives Abrams,
Miller, K., Hall, T., Bird, Brennan, Brewer, Brownlee, Bryant Bailey,
Click, Daniels, Deeter, Dovilla, Ghanbari, Hall, D., Hiner, Holmes,
Humphrey, John, Johnson, Lampton, LaRe, Lawson-Rowe, Manning,
Mathews, A., Odioso, Peterson, Plummer, Ray, Richardson, Robb
Blasdel, Salvo, Schmidt, Sigrist, Sims, Tims, Troy, Williams, Willis,
Young
To
amend
sections
2152.02, 2152.19,
2923.24
,
2930.12, 2930.13, and 2951.03
of the Revised Code
to
prohibit possession of an electronic device under circumstances
indicating an intent to commit a theft offense that involves a motor
vehicle.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
2152.02, 2152.19,
2923.24
,
2930.12, 2930.13, and 2951.03
of the Revised Code be amended to read as follows:
Sec.
2152.02.
As
used in this chapter:
(A)
"Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B)
"Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by the
department and admission to a comparable facility outside this state
by another state or the United States.
(C)(1)
"Child" means a person who is under eighteen years of age,
except as otherwise provided in divisions (C)(2) to (8) of this
section.
(2)
Subject to division (C)(3) of this section, any person who violates a
federal or state law or a municipal ordinance prior to attaining
eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint is
held.
(3)
Any person who, while under eighteen years of age, commits an act
that would be a felony if committed by an adult and who is not taken
into custody or apprehended for that act until after the person
attains twenty-one years of age is not a child in relation to that
act.
(4)
Except as otherwise provided in divisions (C)(5) and (7) of this
section, any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code shall be
deemed after the transfer not to be a child in the transferred case.
(5)
Any person whose case is transferred for criminal prosecution
pursuant to section 2152.12 of the Revised Code and who subsequently
is convicted of or pleads guilty to a felony in that case, unless a
serious youthful offender dispositional sentence is imposed on the
child for that offense under division (B)(2) or (3) of section
2152.121 of the Revised Code and the adult portion of that sentence
is not invoked pursuant to section 2152.14 of the Revised Code, and
any person who is adjudicated a delinquent child for the commission
of an act, who has a serious youthful offender dispositional sentence
imposed for the act pursuant to section 2152.13 of the Revised Code,
and whose adult portion of the dispositional sentence is invoked
pursuant to section 2152.14 of the Revised Code, shall be deemed
after the conviction, plea, or invocation not to be a child in any
case in which a complaint is filed against the person.
(6)
The juvenile court has jurisdiction over a person who is adjudicated
a delinquent child or juvenile traffic offender prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, except as otherwise provided in this division, a person
who is so adjudicated a delinquent child or juvenile traffic offender
shall be deemed a "child" until the person attains
twenty-one years of age. If a person is so adjudicated a delinquent
child or juvenile traffic offender and the court makes a disposition
of the person under this chapter, at any time after the person
attains twenty-one years of age, the places at which the person may
be held under that disposition are not limited to places authorized
under this chapter solely for confinement of children, and the person
may be confined under that disposition, in accordance with division
(F)(2) of section 2152.26 of the Revised Code, in places other than
those authorized under this chapter solely for confinement of
children.
(7)
The juvenile court has jurisdiction over any person whose case is
transferred for criminal prosecution solely for the purpose of
detaining the person as authorized in division (F)(1) or (4) of
section 2152.26 of the Revised Code unless the person is convicted of
or pleads guilty to a felony in the adult court.
(8)
Any person who, while eighteen years of age, violates division (A)(1)
or (2) of section 2919.27 of the Revised Code by violating a
protection order issued or consent agreement approved under section
2151.34 or 3113.31 of the Revised Code shall be considered a child
for the purposes of that violation of section 2919.27 of the Revised
Code.
(D)
"Community corrections facility," "public safety
beds," "release authority," and "supervised
release" have the same meanings as in section 5139.01 of the
Revised Code.
(E)
"Delinquent child" includes any of the following:
(1)
Any child, except a juvenile traffic offender, who violates any law
of this state or the United States, or any ordinance of a political
subdivision of the state, that would be an offense if committed by an
adult;
(2)
Any child who violates any lawful order of the court made under this
chapter, including a child who violates a court order regarding the
child's prior adjudication as an unruly child for being an habitual
truant;
(3)
Any child who violates any lawful order of the court made under
Chapter 2151. of the Revised Code other than an order issued under
section 2151.87 of the Revised Code;
(4)
Any child who violates division (C) of section 2907.39, division (A)
of section 2923.211, or division (C)(1) or (D) of section 2925.55 of
the Revised Code.
(F)
"Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred to
adult court under a mandatory or discretionary transfer.
(G)
"Discretionary SYO" means a case in which the juvenile
court, in the juvenile court's discretion, may impose a serious
youthful offender disposition under section 2152.13 of the Revised
Code.
(H)
"Discretionary transfer" means that the juvenile court has
discretion to transfer a case for criminal prosecution under division
(B) of section 2152.12 of the Revised Code.
(I)
"Drug abuse offense," "felony drug abuse offense,"
and "minor drug possession offense" have the same meanings
as in section 2925.01 of the Revised Code.
(J)
"Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(K)
"Economic loss" means any economic detriment suffered by a
victim of a delinquent act or juvenile traffic offense as a direct
and proximate result of the delinquent act or juvenile traffic
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim and any property loss,
medical cost, or funeral expense incurred as a result of the
delinquent act or juvenile traffic offense. "Economic loss"
does not include non-economic loss or any punitive or exemplary
damages.
(L)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(M)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.
(N)
"Juvenile traffic offender" means any child who violates
any traffic law, traffic ordinance, or traffic regulation of this
state, the United States, or any political subdivision of this state,
other than a resolution, ordinance, or regulation of a political
subdivision of this state the violation of which is required to be
handled by a parking violations bureau or a joint parking violations
bureau pursuant to Chapter 4521. of the Revised Code.
(O)
A "legitimate excuse for absence from the public school the
child is supposed to attend" has the same meaning as in section
2151.011 of the Revised Code.
(P)
"Mandatory serious youthful offender" means a person who is
eligible for a mandatory SYO and who is not transferred to adult
court under a mandatory or discretionary transfer and also includes,
for purposes of imposition of a mandatory serious youthful
dispositional sentence under section 2152.13 of the Revised Code, a
person upon whom a juvenile court is required to impose such a
sentence under division (B)(3) of section 2152.121 of the Revised
Code.
(Q)
"Mandatory SYO" means a case in which the juvenile court is
required to impose a mandatory serious youthful offender disposition
under section 2152.13 of the Revised Code.
(R)
"Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S)
"Mental illness" has the same meaning as in section 5122.01
of the Revised Code.
(T)
"Monitored time" and "repeat violent offender"
have the same meanings as in section 2929.01 of the Revised Code.
(U)
"Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(V)
"Public record" has the same meaning as in section 149.43
of the Revised Code.
(W)
"Serious youthful offender" means a person who is eligible
for a mandatory SYO or discretionary SYO but who is not transferred
to adult court under a mandatory or discretionary transfer and also
includes, for purposes of imposition of a mandatory serious youthful
dispositional sentence under section 2152.13 of the Revised Code, a
person upon whom a juvenile court is required to impose such a
sentence under division (B)(3) of section 2152.121 of the Revised
Code.
(X)
"Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier
I sex offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," and "public
registry-qualified juvenile offender registrant" have the same
meanings as in section 2950.01 of the Revised Code.
(Y)
"Traditional juvenile" means a case that is not transferred
to adult court under a mandatory or discretionary transfer, that is
eligible for a disposition under sections 2152.16, 2152.17, 2152.19,
and 2152.20 of the Revised Code, and that is not eligible for a
disposition under section 2152.13 of the Revised Code.
(Z)
"Transfer" means, except with respect to a transfer from a
criminal court to a juvenile court under section 2152.03 or 2152.121
of the Revised Code, the transfer for criminal prosecution of a case
that includes a charge alleging that a child is a delinquent child
for committing an act that would be an offense if committed by an
adult from the juvenile court to the appropriate court that has
jurisdiction of the offense.
(AA)
"Category one offense" means any of the following:
(1)
A violation of section 2903.01 or 2903.02 of the Revised Code;
(2)
A violation of section 2923.02 of the Revised Code involving an
attempt to commit aggravated murder or murder.
(BB)
"Category two offense" means any of the following:
(1)
A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01,
or 2911.11 of the Revised Code;
(2)
A violation of section 2903.04 of the Revised Code that is a felony
of the first degree;
(3)
A violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(CC)
"Non-economic loss" means nonpecuniary harm suffered by a
victim of a delinquent act or juvenile traffic offense as a result of
or related to the delinquent act or juvenile traffic offense,
including, but not limited to, pain and suffering; loss of society,
consortium, companionship, care, assistance, attention, protection,
advice, guidance, counsel, instruction, training, or education;
mental anguish; and any other intangible loss.
(DD)
"Repeat motor vehicle theft juvenile offender" means a
delinquent child about whom both of the following apply:
(1)
The child is being adjudicated a delinquent child for committing a
violation of section 2923.24 of the Revised Code and the violation
involves possessing or controlling an electronic device or tool or a
violation of section 2913.02 of the Revised Code and the violation
involves theft of a motor vehicle.
(2)
The child was previously adjudicated a delinquent child for
committing a violation described in division (DD)(1) of this section.
Sec.
2152.19.
(A)
If
Except
as otherwise provided in division (B) of this section, if
a
child is adjudicated a delinquent child, the court may make any of
the following orders of disposition, in addition to any other
disposition authorized or required by this chapter:
(1)
Any order that is authorized by section 2151.353 of the Revised Code
for the care and protection of an abused, neglected, or dependent
child;
(2)
Commit the child to the temporary custody of any school, camp,
institution, or other facility operated for the care of delinquent
children by the county, by a district organized under section 2152.41
or 2151.65 of the Revised Code, or by a private agency or
organization, within or without the state, that is authorized and
qualified to provide the care, treatment, or placement required,
including, but not limited to, a school, camp, or facility operated
under section 2151.65 of the Revised Code;
(3)
Place the child in a detention facility or district detention
facility operated under section 2152.41 of the Revised Code, for up
to ninety days;
(4)
Place the child on community control under any sanctions, services,
and conditions that the court prescribes. As a condition of community
control in every case and in addition to any other condition that it
imposes upon the child, the court shall require the child to abide by
the law during the period of community control. As referred to in
this division, community control includes, but is not limited to, the
following sanctions and conditions:
(a)
A period of basic probation supervision in which the child is
required to maintain contact with a person appointed to supervise the
child in accordance with sanctions imposed by the court;
(b)
A period of intensive probation supervision in which the child is
required to maintain frequent contact with a person appointed by the
court to supervise the child while the child is seeking or
maintaining employment and participating in training, education, and
treatment programs as the order of disposition;
(c)
A period of day reporting in which the child is required each day to
report to and leave a center or another approved reporting location
at specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center;
(d)
A period of community service of up to five hundred hours for an act
that would be a felony or a misdemeanor of the first degree if
committed by an adult, up to two hundred hours for an act that would
be a misdemeanor of the second, third, or fourth degree if committed
by an adult, or up to thirty hours for an act that would be a minor
misdemeanor if committed by an adult;
(e)
A requirement that the child obtain a high school diploma, a
certificate of high school equivalence, vocational training, or
employment;
(f)
A period of drug and alcohol use monitoring;
(g)
A requirement of alcohol or drug assessment or counseling, or a
period in an alcohol or drug treatment program with a level of
security for the child as determined necessary by the court;
(h)
A period in which the court orders the child to observe a curfew that
may involve daytime or evening hours;
(i)
A requirement that the child serve monitored time;
(j)
A period of house arrest without electronic monitoring or continuous
alcohol monitoring;
(k)
A period of electronic monitoring or continuous alcohol monitoring
without house arrest, or house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, that does not exceed the maximum
sentence of imprisonment that could be imposed upon an adult who
commits the same act.
A
period of house arrest with electronic monitoring or continuous
alcohol monitoring or both electronic monitoring and continuous
alcohol monitoring, imposed under this division shall not extend
beyond the child's twenty-first birthday. If a court imposes a period
of house arrest with electronic monitoring or continuous alcohol
monitoring or both electronic monitoring and continuous alcohol
monitoring, upon a child under this division, it shall require the
child: to remain in the child's home or other specified premises for
the entire period of house arrest with electronic monitoring or
continuous alcohol monitoring or both except when the court permits
the child to leave those premises to go to school or to other
specified premises. Regarding electronic monitoring, the court also
shall require the child to be monitored by a central system that can
determine the child's location at designated times; to report
periodically to a person designated by the court; and to enter into a
written contract with the court agreeing to comply with all
requirements imposed by the court, agreeing to pay any fee imposed by
the court for the costs of the house arrest with electronic
monitoring, and agreeing to waive the right to receive credit for any
time served on house arrest with electronic monitoring toward the
period of any other dispositional order imposed upon the child if the
child violates any of the requirements of the dispositional order of
house arrest with electronic monitoring. The court also may impose
other reasonable requirements upon the child.
Unless
ordered by the court, a child shall not receive credit for any time
served on house arrest with electronic monitoring or continuous
alcohol monitoring or both toward any other dispositional order
imposed upon the child for the act for which was imposed the
dispositional order of house arrest with electronic monitoring or
continuous alcohol monitoring. As used in this division and division
(A)(4)(l) of this section, "continuous alcohol monitoring"
has the same meaning as in section 2929.01 of the Revised Code.
(l)
A suspension of the driver's license, probationary driver's license,
or temporary instruction permit issued to the child for a period of
time prescribed by the court, or a suspension of the registration of
all motor vehicles registered in the name of the child for a period
of time prescribed by the court. A child whose license or permit is
so suspended is ineligible for issuance of a license or permit during
the period of suspension. At the end of the period of suspension, the
child shall not be reissued a license or permit until the child has
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(5)
Commit the child to the custody of the court;
(6)
Require the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for thirty or more
consecutive hours, forty-two or more hours in one school month, or
seventy-two or more hours in a school year;
(7)(a)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant, do either or both of the following:
(i)
Require the child to participate in a truancy prevention mediation
program;
(ii)
Make any order of disposition as authorized by this section, except
that the court shall not commit the child to a facility described in
division (A)(2) or (3) of this section unless the court determines
that the child violated a lawful court order made pursuant to
division (C)(1)(e) of section 2151.354 of the Revised Code or
division (A)(6) of this section.
(b)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, do either or both of the following:
(i)
Require the parent, guardian, or other person having care of the
child to participate in a truancy prevention mediation program;
(ii)
Require the parent, guardian, or other person having care of the
child to participate in any community service program, preferably a
community service program that requires the involvement of the
parent, guardian, or other person having care of the child in the
school attended by the child.
(8)
Make any further disposition that the court finds proper, except that
the child shall not be placed in a state correctional institution, a
county, multicounty, or municipal jail or workhouse, or another place
in which an adult convicted of a crime, under arrest, or charged with
a crime is held.
(B)
If
a child is a repeat motor vehicle theft juvenile offender, the court
shall make an order of disposition under division (A)(2) or (3) of
this section or admit the repeat motor vehicle theft juvenile
offender to the department of youth services facility.
(C)
If
a child is adjudicated a delinquent child, in addition to any order
of disposition made under division (A) of this section, the court, in
the following situations and for the specified periods of time, shall
suspend the child's temporary instruction permit, restricted license,
probationary driver's license, or nonresident operating privilege, or
suspend the child's ability to obtain such a permit:
(1)
If the child is adjudicated a delinquent child for violating section
2923.122 of the Revised Code, impose a class four suspension of the
child's license, permit, or privilege from the range specified in
division (A)(4) of section 4510.02 of the Revised Code or deny the
child the issuance of a license or permit in accordance with division
(F)(1) of section 2923.122 of the Revised Code.
(2)
If the child is adjudicated a delinquent child for committing an act
that if committed by an adult would be a drug abuse offense or for
violating division (B) of section 2917.11 of the Revised Code,
suspend the child's license, permit, or privilege for a period of
time prescribed by the court. The court, in its discretion, may
terminate the suspension if the child attends and satisfactorily
completes a drug abuse or alcohol abuse education, intervention, or
treatment program specified by the court. During the time the child
is attending a program described in this division, the court shall
retain the child's temporary instruction permit, probationary
driver's license, or driver's license, and the court shall return the
permit or license if it terminates the suspension as described in
this division.
(C)
(D)
The court may establish a victim-offender mediation program in which
victims and their offenders meet to discuss the offense and suggest
possible restitution. If the court obtains the assent of the victim
of the delinquent act committed by the child, the court may require
the child to participate in the program.
(D)(1)
(E)(1)
If a child is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult and if the child
caused, attempted to cause, threatened to cause, or created a risk of
physical harm to the victim of the act, the court, prior to issuing
an order of disposition under this section, shall order the
preparation of a victim impact statement by the probation department
of the county in which the victim of the act resides, by the court's
own probation department, or by a victim assistance program that is
operated by the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for the
child.
(2)
Each victim impact statement shall identify the victim of the act for
which the child was adjudicated a delinquent child, itemize any
economic loss suffered by the victim as a result of the act, identify
any physical injury suffered by the victim as a result of the act and
the seriousness and permanence of the injury, identify any change in
the victim's personal welfare or familial relationships as a result
of the act and any psychological impact experienced by the victim or
the victim's family as a result of the act, and contain any other
information related to the impact of the act upon the victim that the
court requires.
(3)
A victim impact statement shall be kept confidential and is not a
public record. However, the court may furnish copies of the statement
to the department of youth services if the delinquent child is
committed to the department or to both the adjudicated delinquent
child or the adjudicated delinquent child's counsel and the
prosecuting attorney. The copy of a victim impact statement furnished
by the court to the department pursuant to this section shall be kept
confidential and is not a public record. If an officer is preparing
pursuant to section 2947.06 or 2951.03 of the Revised Code or
Criminal Rule 32.2 a presentence investigation report pertaining to a
person, the court shall make available to the officer, for use in
preparing the report, a copy of any victim impact statement regarding
that person. The copies of a victim impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the prosecuting attorney pursuant to
this division shall be returned to the court by the person to whom
they were made available immediately following the imposition of an
order of disposition for the child under this chapter.
The
copy of a victim impact statement that is made available pursuant to
this division to an officer preparing a criminal presentence
investigation report shall be returned to the court by the officer
immediately following its use in preparing the report.
(4)
The department of youth services shall work with local probation
departments and victim assistance programs to develop a standard
victim impact statement.
(E)(1)
(F)(1)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of disposition
it makes under this section, the court shall warn the parent,
guardian, or other person having care of the child that any
subsequent adjudication with regard to truancy may result in a
criminal charge against the parent, guardian, or other person having
care of the child for a violation of division (C) of section 2919.21
or section 2919.24 of the Revised Code.
(2)
Not later than ten days after a child is adjudicated a delinquent
child for violating a court order regarding the child's prior
adjudication as an unruly child for being an habitual truant, the
court shall provide notice of that fact to the school district in
which the child is entitled to attend school and to the school in
which the child was enrolled at the time of the filing of the
complaint.
(F)(1)
(G)(1)
During the period of a delinquent child's community control granted
under this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
search, with or without a warrant, the person of the delinquent
child, the place of residence of the delinquent child, and a motor
vehicle, another item of tangible or intangible personal property, or
other real property in which the delinquent child has a right, title,
or interest or for which the delinquent child has the express or
implied permission of a person with a right, title, or interest to
use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the
law or otherwise is not complying with the conditions of the
delinquent child's community control. The court that places a
delinquent child on community control under this section shall
provide the delinquent child with a written notice that informs the
delinquent child that authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
conduct those types of searches during the period of community
control if they have reasonable grounds to believe that the
delinquent child is not abiding by the law or otherwise is not
complying with the conditions of the delinquent child's community
control. The court also shall provide the written notice described in
division
(E)(2)
(F)(2)
of this section to each parent, guardian, or custodian of the
delinquent child who is described in that division.
(2)
The court that places a child on community control under this section
shall provide the child's parent, guardian, or other custodian with a
written notice that informs them that authorized probation officers
may conduct searches pursuant to division
(E)(1)
(F)(1)
of this section. The notice shall specifically state that a
permissible search might extend to a motor vehicle, another item of
tangible or intangible personal property, or a place of residence or
other real property in which a notified parent, guardian, or
custodian has a right, title, or interest and that the parent,
guardian, or custodian expressly or impliedly permits the child to
use, occupy, or possess.
(G)
(H)
If a juvenile court commits a delinquent child to the custody of any
person, organization, or entity pursuant to this section and if the
delinquent act for which the child is so committed is a sexually
oriented offense or is a child-victim oriented offense, the court in
the order of disposition shall do one of the following:
(1)
Require that the child be provided treatment as described in division
(A)(2) of section 5139.13 of the Revised Code;
(2)
Inform the person, organization, or entity that it is the preferred
course of action in this state that the child be provided treatment
as described in division (A)(2) of section 5139.13 of the Revised
Code and encourage the person, organization, or entity to provide
that treatment.
Sec.
2923.24.
(A)
As
used in this section:
(1)
"Electronic device or tool" means a device or tool designed
or adapted for use in unlocking or turning on a motor vehicle and
does not include a previously issued or activated electronic card,
key, or other electronic device assigned to the lawful owner of a
motor vehicle.
(2)
"Theft offense" has the same meaning as in section 2913.01
of the Revised Code.
(B)
No
person shall possess or have under the person's control any
substance, device, instrument, or article, with purpose to use it
criminally.
(B)
(C)
Each of the following constitutes prima-facie evidence of criminal
purpose:
(1)
Possession or control of any dangerous ordnance, or the materials or
parts for making dangerous ordnance, in the absence of circumstances
indicating the dangerous ordnance, materials, or parts are intended
for legitimate use;
(2)
Possession or control of any substance, device, instrument, or
article designed or specially adapted for criminal use;
(3)
Possession or control of any substance, device, instrument, or
article commonly used for criminal purposes, under circumstances
indicating the item is intended for criminal use.
(C)
(4)
Possession or control of an electronic device or tool under
circumstances indicating an intent to commit a theft offense that
involves a motor vehicle.
(D)(1)
Whoever
violates this section is guilty of possessing criminal tools.
Except
(2)
Except
as
otherwise provided in
this
division
(D)(2)(a) or (b) of this section
,
possessing criminal tools is a misdemeanor of the first degree.
If
(a)
If
the
circumstances indicate that the substance, device, instrument, or
article involved in the offense was intended for use in the
commission of a felony, possessing criminal tools is a felony of the
fifth degree.
(b)
If the circumstances indicate that an electronic device or tool was
involved in the offense, possessing criminal tools is a felony of the
fourth degree.
Sec.
2930.12.
(A)
At the request of the victim or victim's representative in a criminal
prosecution, the prosecutor or the prosecutor's designee shall give
the victim and the victim's representative notice of the defendant's
acquittal or conviction within seven days of the acquittal or
conviction. At the request of the victim or victim's representative
in a delinquency proceeding, the prosecutor or the prosecutor's
designee shall give the victim and the victim's representative notice
of the dismissal of the complaint against the alleged juvenile
offender or of the adjudication of the alleged juvenile offender as a
delinquent child, except that, if the juvenile court dismisses the
complaint against the alleged juvenile offender or adjudicates the
alleged juvenile offender a delinquent child prior to the
prosecutor's involvement in the case, at the request of the victim or
victim's representative, the court or a court employee shall give the
victim and the victim's representative notice of the dismissal or of
the adjudication. If the defendant or alleged juvenile offender is
convicted or is adjudicated a delinquent child, the notice shall
include all of the following:
(1)
The criminal offenses or delinquent acts of which the defendant was
convicted or for which the alleged juvenile offender was adjudicated
a delinquent child;
(2)
The purpose of the presentence investigation report, if ordered, and
that the victim and victim's representative, if applicable, have the
right to review, on request to the prosecutor, a copy of the
presentence investigation report except those portions of the report
that are confidential by law;
(3)
The address and telephone number of the probation department or other
person, if any, that is to prepare a presentence investigation report
pursuant to section 2951.03 of the Revised Code or Criminal Rule
32.2, the address and telephone number of the person, if any, who is
to prepare a disposition investigation report pursuant to division
(C)(1) of section 2152.18 of the Revised Code, and the address and
telephone number of the person, if any, who is to prepare a victim
impact statement pursuant to division
(D)(1)
(E)(1)
of section 2152.19 or section 2947.051 of the Revised Code;
(4)
Notice that the victim and victim's representative, if applicable,
may make a statement about the impact of the criminal offense or
delinquent act to the probation officer or other person, if any, who
prepares the presentence investigation report or to the person, if
any, who prepares a victim impact statement, that a statement of the
victim and victim's representative, included in the report, if
applicable, will be made available to the defendant or alleged
juvenile offender unless the court exempts it from disclosure, and
that the court may make the victim impact statement available to the
defendant or alleged juvenile offender;
(5)
Notice of the victim's, victim's representative's, and victim's
attorney's, if applicable, right under section 2930.14 of the Revised
Code to make a statement about the impact of the criminal offense or
delinquent act before sentencing or disposition;
(6)
The date, time, and place of the sentencing hearing or dispositional
hearing;
(7)
Notice that, if the court orders restitution, the victim or victim's
attorney, if applicable, has the right to file a lien;
(8)
One of the following:
(a)
Any sentence imposed upon the defendant and any subsequent
modification of that sentence, including modification under section
2929.20 or 5120.036 of the Revised Code or as a result of the
defendant's appeal of the sentence pursuant to section 2953.08 of the
Revised Code;
(b)
Any disposition ordered for the defendant and any subsequent
modification of that disposition, if known to the prosecutor,
including judicial release or early release in accordance with
section 2151.38 of the Revised Code. If a court has not provided
timely notice to the prosecutor of a subsequent modification of that
disposition, the court shall promptly notify the victim and the
victim's representative, if applicable, of the subsequent
modification.
(B)
During the probation department's presentence investigation, the
department shall contact the victim, victim's representative, and
victim's attorney, if applicable, concerning the victim's economic,
physical, psychological, or emotional harm or victim's safety
concerns as a result of the offense.
Sec.
2930.13.
(A)
If the court orders the preparation of a victim impact statement
pursuant to division
(D)(1)
(E)(1)
of section 2152.19 or section 2947.051 of the Revised Code, the
victim in the case and victim's representative, if applicable, may
make a written and oral statement regarding the impact of the
criminal offense or delinquent act to the person whom the court
orders to prepare the victim impact statement. A statement made by
the victim or victim's representative under this section shall be
included in the victim impact statement.
(B)
If a probation officer or other person is preparing a presentence
investigation report pursuant to section 2947.06 or 2951.03 of the
Revised Code or Criminal Rule 32.2, or a disposition investigation
report pursuant to section 2152.18 of the Revised Code, concerning
the defendant or alleged juvenile offender in the case, the victim
and victim's representative, if applicable, may make a written and
oral statement regarding the impact of the criminal offense or
delinquent act to the probation officer or other person. The
probation officer or other person shall use the statement in
preparing the presentence investigation report or disposition
investigation report and, upon the victim's or victim's
representative's request, shall include a written statement submitted
by the victim in the presentence investigation report or disposition
investigation report.
(C)
A statement made by the victim or victim's representative under
division (A) or (B) of this section may include the following:
(1)
An explanation of the nature and extent of any physical,
psychological, or emotional harm suffered by the victim as a result
of the criminal offense or delinquent act that is the basis of the
case;
(2)
An explanation of the extent of any property damage or other economic
loss suffered by the victim as a result of that criminal offense or
delinquent act;
(3)
An opinion regarding the extent to which, if any, the victim needs
restitution for harm caused by the defendant or alleged juvenile
offender as a result of that criminal offense or delinquent act and
information about whether the victim has applied for or received any
compensation for loss or damage caused by that criminal offense or
delinquent act;
(4)
The victim's and victim's representative's recommendation for an
appropriate sanction or disposition for the defendant or alleged
juvenile offender regarding that criminal offense or delinquent act.
(D)
If a statement made by a victim or victim's representative under
division (A) of this section is included in a victim impact
statement, the provision, receipt, and retention of copies of, the
use of, and the confidentiality, nonpublic record character, and
sealing of the victim impact statement is governed by division
(D)(3)
(E)(3)
of section 2152.19 or by division (C) of section 2947.051 of the
Revised Code, as appropriate. If a statement made by a victim or
victim's representative under division (B) of this section is
included in a presentence investigation report prepared pursuant to
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2
or in a disposition investigation report pursuant to division (C)(1)
of section 2152.18 of the Revised Code, the provision, receipt, and
retention of copies of, the use of, and the confidentiality,
nonpublic record character, and sealing of the presentence
investigation report or disposition investigation report that
contains the victim's statement is governed by section 2951.03 of the
Revised Code.
Sec.
2951.03.
(A)(1)
Unless the defendant and the prosecutor who is handling the case
against the defendant agree to waive the presentence investigation
report, no person who has been convicted of or pleaded guilty to a
felony shall be placed under a community control sanction until a
written presentence investigation report has been considered by the
court. The court may order a presentence investigation report
notwithstanding an agreement to waive the report. If a court orders
the preparation of a presentence investigation report pursuant to
this section, section 2947.06 of the Revised Code, or Criminal Rule
32.2, the officer making the report shall inquire into the
circumstances of the offense and the criminal record, social history,
and present condition of the defendant, all information available
regarding any prior adjudications of the defendant as a delinquent
child and regarding the dispositions made relative to those
adjudications, and any other matters specified in Criminal Rule 32.2.
Whenever the officer considers it advisable, the officer's
investigation may include a physical and mental examination of the
defendant. A physical examination of the defendant may include a drug
test consisting of a chemical analysis of a blood or urine specimen
of the defendant to determine whether the defendant ingested or was
injected with a drug of abuse. If, pursuant to section 2930.13 of the
Revised Code, the victim of the offense of which the defendant has
been convicted wishes to make a statement regarding the impact of the
offense for the officer's use in preparing the presentence
investigation report, the officer shall comply with the requirements
of that section.
(2)
If a defendant is committed to any institution, the presentence
investigation report shall be sent to the institution with the entry
of commitment. If a defendant is committed to any institution and a
presentence investigation report is not prepared regarding that
defendant pursuant to this section, section 2947.06 of the Revised
Code, or Criminal Rule 32.2, the director of the department of
rehabilitation and correction or the director's designee may order
that an offender background investigation and report be conducted and
prepared regarding the defendant pursuant to section 5120.16 of the
Revised Code. An offender background investigation report prepared
pursuant to this section shall be considered confidential information
and is not a public record under section 149.43 of the Revised Code.
(3)
The department of rehabilitation and correction may use any
presentence investigation report and any offender background
investigation report prepared pursuant to this section for
penological and rehabilitative purposes. The department may disclose
any presentence investigation report and any offender background
investigation report to courts, law enforcement agencies,
community-based correctional facilities, halfway houses, and medical,
mental health, and substance abuse treatment providers. The
department shall make the disclosure in a manner calculated to
maintain the report's confidentiality. Any presentence investigation
report or offender background investigation report that the
department discloses to a community-based correctional facility, a
halfway house, or a medical, mental health, or substance abuse
treatment provider shall not include a victim impact section or
information identifying a witness.
(B)(1)
If a presentence investigation report is prepared pursuant to this
section, section 2947.06 of the Revised Code, or Criminal Rule 32.2,
the court, at a reasonable time before imposing sentence, shall
permit the defendant or the defendant's counsel to read the report,
except that the court shall not permit the defendant or the
defendant's counsel to read any of the following:
(a)
Any recommendation as to sentence;
(b)
Any diagnostic opinions that, if disclosed, the court believes might
seriously disrupt a program of rehabilitation for the defendant;
(c)
Any sources of information obtained upon a promise of
confidentiality;
(d)
Any other information that, if disclosed, the court believes might
result in physical harm or some other type of harm to the defendant
or to any other person.
(2)
Prior to sentencing, the court shall permit the defendant and the
defendant's counsel to comment on the presentence investigation
report and, in its discretion, may permit the defendant and the
defendant's counsel to introduce testimony or other information that
relates to any alleged factual inaccuracy contained in the report.
(3)
If the court believes that any information in the presentence
investigation report should not be disclosed pursuant to division
(B)(1) of this section, the court, in lieu of making the report or
any part of the report available, shall state orally or in writing a
summary of the factual information contained in the report that will
be relied upon in determining the defendant's sentence. The court
shall permit the defendant and the defendant's counsel to comment
upon the oral or written summary of the report.
(4)
Any material that is disclosed to the defendant or the defendant's
counsel pursuant to this section shall be disclosed to the prosecutor
who is handling the prosecution of the case against the defendant.
(5)
If the comments of the defendant or the defendant's counsel, the
testimony they introduce, or any of the other information they
introduce alleges any factual inaccuracy in the presentence
investigation report or the summary of the report, the court shall do
either of the following with respect to each alleged factual
inaccuracy:
(a)
Make a finding as to the allegation;
(b)
Make a determination that no finding is necessary with respect to the
allegation, because the factual matter will not be taken into account
in the sentencing of the defendant.
(C)
A court's decision as to the content of a summary under division
(B)(3) of this section or as to the withholding of information under
division (B)(1)(a), (b), (c), or (d) of this section shall be
considered to be within the discretion of the court. No appeal can be
taken from either of those decisions, and neither of those decisions
shall be the basis for a reversal of the sentence imposed.
(D)(1)
The contents of a presentence investigation report prepared pursuant
to this section, section 2947.06 of the Revised Code, or Criminal
Rule 32.2 and the contents of any written or oral summary of a
presentence investigation report or of a part of a presentence
investigation report described in division (B)(3) of this section are
confidential information and are not a public record. The contents of
a presentence investigation report or of a part of a presentence
investigation report described in division (B)(3) of this section may
be shared between courts. Any court, any appellate court, authorized
probation officers, investigators, and any authorized court
personnel, the defendant, the defendant's counsel, the prosecutor who
is handling the prosecution of the case against the defendant, and
authorized personnel of an institution to which the defendant is
committed may inspect, receive copies of, retain copies of, and use a
presentence investigation report or a written or oral summary of a
presentence investigation only for the purposes of or only as
authorized by Criminal Rule 32.2 or this section, division (F)(1) of
section 2953.08, section 2947.06, or another section of the Revised
Code.
(2)
Immediately following the imposition of sentence upon the defendant,
the defendant or the defendant's counsel and the prosecutor shall
return to the court all copies of a presentence investigation report
and of any written summary of a presentence investigation report or
part of a presentence investigation report that the court made
available to the defendant or the defendant's counsel and to the
prosecutor pursuant to this section. The defendant or the defendant's
counsel and the prosecutor shall not make any copies of the
presentence investigation report or of any written summary of a
presentence investigation report or part of a presentence
investigation report that the court made available to them pursuant
to this section.
(3)
Except when a presentence investigation report or a written or oral
summary of a presentence investigation report is being used for the
purposes of or as authorized by Criminal Rule 32.2 or this section,
division (F)(1) of section 2953.08, section 2947.06, or another
section of the Revised Code, the court or other authorized holder of
the report or summary shall retain the report or summary under seal.
(E)
In inquiring into the information available regarding any prior
adjudications of the defendant as a delinquent child and regarding
the dispositions made relative to those adjudications, the officer
making the report shall consider all information that is relevant,
including, but not limited to, the materials described in division
(B) of section 2151.14, division (C)(3) of section 2152.18, division
(D)(3)
(E)(3)
of section 2152.19, and division (E) of section 2152.71 of the
Revised Code.
(F)
As used in this section:
(1)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.
(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(3)
"Public record" has the same meaning as in section 149.43
of the Revised Code.
Section
2.
That
existing
sections
2152.02, 2152.19,
2923.24
,
2930.12, 2930.13, and 2951.03
of the Revised Code
are
hereby
repealed.