1. PROVISION: 9.39, 1901.31, 1907.20, 2335.35, 2743.191
a. GOAL: To direct public officials on the distribution of unclaimed restitution payments.
b. PRECENDENT: N/A
2. PROVISION: 109.91
a. GOAL: To increase membership in the state victim assistance advisory council.
b. PRECEDENT: N/A
3. PROVISION: 109.42
a. GOAL: To update the requirements of the Attorney General’s pamphlet based on new victims’ rights section.
b. PRECEDENT: N/A
4. PROVISION: 149.43—Public records law
a. GOAL: To protect victim names and identification information from release as public record upon victim request.
b. PRECEDENT: Utah, Texas
5. PROVISION: 2151.356—Sealing of juvenile court records
a. GOAL: To provide victims with notice, right to be present, and right to be heard when a court is considering sealing the record of a conviction.
b. PRECEDENT: N/A
6. PROVISION: 2151.358—Expungement of juvenile records
a. GOAL: To provide victims with notice, right to be present, and right to be heard when a court is considering expunging the record of a conviction.
b. PRECEDENT: N/A
7. PROVISION: 2152.20-2152.203—Mandatory restitution in juvenile matters
a. GOAL: In conformance with the constitutional mandate, to make full and timely restitution mandatory.
b. PRECEDENT: The common practice of other states with mandatory restitution laws and Constitutional amendments. California 1202.4. Similar laws in Oregon, Arizona, Iowa, and Washington.
8. PROVISION: 2152.81—Deposing child victims
a. GOAL: To allow more child victims the option of testimony via CCTV or recorded deposition, as opposed to live trial testimony, by increasing the age of eligible victims from 12 to 18.
b. PRECEDENT: Ohio law uses “under 16” age limit for human trafficking. This provision expands that protection for children of other violent crimes.
9. PROVISION: 2152.811—Deposing persons with disabilities
a. GOAL: To allow victims with disabilities to seek testimony via CCTV or recorded deposition.
b. PRECEDENT: N/A
10. PROVISION: 2743.70
a. GOAL: To prevent courts from waiving certain costs.
b. PRECEDENT: N/A
11. PROVISION: 2907.02—Rape
a. GOAL: To protect victim privacy by clarifying exceptions to rape shield include the origin of semen, pregnancy, or sexually transmitted disease, not any disease.
b. PRECEDENT: Case law
12. PROVISION: 2907.05—Gross sexual imposition
a. GOAL: To protect victim privacy by clarifying exceptions to rape shield include the origin of semen, pregnancy, or sexually transmitted disease, not any disease.
b. PRECEDENT: Case law
13. PROVISION: 2907.10—Anti-polygraph provision for sex crimes victims
a. GOAL: To prevent request or requirement of polygraphing of sex crimes victims to being or continue investigation or prosecution.
b. PRECEDENT: Illinois, Connecticut, New York, Research suggests that victim polygraphs are unreliable and cause secondary trauma when used on sexual assault victims.
14. PROVISION: 2929.18—Mandatory restitution from adult offenders
a. GOAL: In conformance with the constitutional mandate, to make full and timely restitution mandatory.
b. PRECEDENT: Iowa, Federal, Arizona, California (constitution), Wisconsin
15. PROVISION: 2929.20—Judicial release
a. GOAL: To provide victims with the right, pursuant to Ohio’s constitution, to be heard at any hearing for judicial release of an offender.
b. PRECEDENT: Minor edits to current law.
16. PROVISION: 2929.22—Misdemeanor sentencing
a. GOAL: To ensure that, pursuant to Ohio’s constitution, victims can exercise the right to be heard at misdemeanor sentencing hearings and that the court will consider the victim’s statement.
b. PRECEDENT: Iowa, Federal, Arizona, California (constitution), Wisconsin
17. PROVISION: 2929.28-2929.281-- Mandatory restitution from adult offenders
a. GOAL: In conformance with the constitutional mandate, to make full and timely restitution mandatory. To provide victims with the opportunity to be heard regarding restitution sought and regarding any modification thereof.
b. PRECEDENT: Iowa, Federal, Arizona, California (constitution and statute), Wisconsin
18. PROVISION: 2930.01—Crime victims’ rights definition
a. GOAL: To define “criminal offense or delinquent act” to provide rights to all victims whose case is not payable in the traffic violations bureau. To define “victim” consistent with the Ohio Constitution. To correct definitions of “suspect” and “defendant” to reflect the terminology commonly used throughout the criminal justice process. To define “victim’s attorney” to ensure clarity that victim’s attorneys are not at public expense. To define “victim’s advocate,” and “prosecutor’s designee” to provide guidance to criminal justice system officials.
b. PRECEDENT: Several states, including Arkansas, Illinois, as well as case law in Ohio and Black’s Law Dictionary
19. PROVISION: 2930.011
a. GOAL: To clarify that nothing in Chapter 2930 limits a victim’s rights under the constitution.
b. PRECEDENT: N/A
20. PROVISION: 2930.02—Victim’s representative
a. GOAL: To define who may act as a victim’s representative, including procedures if criminal justice system officials believe representatives are not acting in victims’ interests.
b. PRECEDENT: Minor changes to current law
21. PROVISION: 2930.03—Victim’s notices
a. GOAL: To correct internal references to updated sections within 2930.
b. PRECEDENT: Minor changes to current law
22. PROVISION: 2930.04—Law enforcement required notification of rights and form
a. GOAL: To ensure that crime victims have a meaningful opportunity to learn of their rights and exercise their rights when the crime is reported. To streamline the process and ensure that subsequent criminal justice system officials are aware of rights victims wish to exercise by requiring law enforcement to inform victims or their rights, and collect and transfer a victims’ rights request form to prosecutors, courts, and custodial agencies, as applicable.
b. PRECEDENT: Arizona, Oregon, and Illinois (another Marsy’s Law state) use a substantially similar process to ensure victims’ rights are protected.
23. PROVISION: 2930.041—Accessibility to information for victims who are deaf or non-English speaking
a. GOAL: To ensure that victims who are deaf or hard of hearing or non-English speaking have meaningful access to information about their rights and to communicate with criminal justice system officials by guaranteeing the right to free interpretation services.
b. PRECEDENT: Illinois
24. PROVISION: 2930.042—Inactive case notifications
a. GOAL: To provide victims the right to information and updates about inactive cases.
b. PRECEDENT: Colorado
25. PROVISION: 2930.043—Free public records for victims
a. GOAL: To provide victims with the right to a free copy of public records in their case to facilitate exercise of victims’ rights.
b. PRECEDENT: Arizona
26. PROVISION: 2930.044—Directly and proximately harmed victims
a. GOAL: To clarify for criminal justice system officials who should be treated as victims by virtue of direct and proximate harm, by requiring these victims to affirmatively identify themselves to law enforcement in order to trigger rights.
b. PRECEDENT: N/A, suggested by law enforcement and prosecutors
27. PROVISION: 2930.05—Notice of arrest of offender
a. GOAL: To protect victims by ensuring that law enforcement departments communicate to provide victims with notification when offenders are arrested, subject to release, and
may be arraigned, as well as whether investigating agencies will pick-up offenders arrested by other agencies.
b. PRECEDENT: Revision of current law following recommendations from law enforcement on procedures to implement this requirement better.
28. PROVISION: 2930.051—Notification to law enforcement from custodial agency
a. GOAL: To require custodial agencies and law enforcement to communicate to ensure notification to victims of the incarceration or detention of offender.
b. PRECEDENT: Recommendations from law enforcement.
29. PROVISION: 2930.06—Prosecutor notifications to, and requirement to confer with, victims
a. GOAL: In accordance with Ohio’s constitution, to require prosecutors to provide notices of hearings, upon request, and defense communications, including time frames to provide this notice. To require prosecutors to ensure that victims are informed of their rights and provided a victims’ rights request form to exercise their rights. To require prosecutors to confer with victims, upon request. To provide record keeping requirements for attempted notifications to victims.
b. PRECEDENT: Arizona
30. PROVISION: 2930.062—Victim’s notice of injuries
a. GOAL: To correct internal references to updated sections within 2930.
b. PRECEDENT: Minor changes to current law
31. PROVISION: 2930.063—Victim access to public court records
a. GOAL: To provide victims with a free copy of any public court records and reduced cost copies of recordings of hearings or transcripts of hearings to facilitate the exercise of victims’ rights.
b. PRECEDENT: Montana
32. PROVISION: 2930.07—Victim privacy
a. GOAL: To provide victims with the ability to protect their address information and the information of their family or representative. To provide victims the ability to have their names and identifying information redacted from all public records prior to public release.
b. PRECEDENT: Utah, Texas
33. PROVISION: 2930.071—Subpoenas to crime victims
a. GOAL: To provide a procedure (Criminal Rule 17) for defendants to seek victim information and provide victims an opportunity to quash requests. To provide a procedure for defendants to subpoena victims for pretrial hearings.
b. PRECEDENT: Illinois
34. PROVISION: 2930.072—Defense interviews and depositions of victims
a. GOAL: To provide procedures for defendants to seek and conduct, with victim consent, interviews or depositions of victims, including contact with victims through victim counsel and compliance with the Criminal or Juvenile Rules.
b. PRECEDENT: Arizona
35. PROVISION: 2930.08—Victim’s right to proceedings free from unreasonable delay
a. GOAL: To ensure that victims have the meaningful opportunity to object to unreasonable delays in their cases and that courts provide transparency in their decisions to continue cases.
b. PRECEDENT: Edit to current law.
36. PROVISION: 2930.09—Victim’s right to be present
a. GOAL: To ensure that victims are given meaningful notice and opportunity to be present and heard in their cases. To require courts to continue matters when victims were denied their rights. To provide procedures for the acceptance of a negotiated plea to ensure victim notification and participation, if desired by the victim.
b. PRECEDENT: Illinois
37. PROVISION: 2930.11—Return of victim property
a. GOAL: To ensure that victim property is returned at the termination of the criminal case.
b. PRECEDENT: Minor edits of current law.
38. PROVISION: 2930.12—Victim notice of conviction and pre-sentence investigation
a. GOAL: To facilitate victim involvement in sentencing by requiring probation department or designee to contact victims to solicit information for pre-sentence investigations. To ensure that victims are informed of the results of a criminal case. To ensure that victims can fully exercise their right to restitution by facilitating and presenting information about victim losses to courts.
b. PRECEDENT: Arizona
39. PROVISION: 2930.121—Dismissed counts
a. GOAL: To allow victims to exercise victims’ rights for the crimes as charged, even if the prosecutor dismisses some charges as an act of discretion.
b. PRECEDENT: Arizona
40. PROVISION: 2930.13—Victim impact evidence in pre-sentence investigations
a. GOAL: To ensure that probation department or designee contacts victims to obtain victim impact statements and restitution documentation to incorporate this information into a pre-sentence investigation to be presented to the court prior to sentencing.
b. PRECEDENT: Minor edits to current law.
41. PROVISION: 2930.131—Victim may view PSI
a. GOAL: To allow a victim the right to review any pre-sentence investigation report, except those parts that are confidential by law.
b. PRECEDENT: Arizona
42. PROVISION: 2930.14—Victim impact statement at sentencing
a. GOAL: To provide victims the right to be heard in writing and orally by the court prior to the sentencing of the offender.
b. PRECEDENT: Arizona, minor edits to current Ohio law
43. PROVISION: 2930.15—Notice of appeal
a. GOAL: To ensure that victims are provided, upon request, notice of appeal of a convicted offender, time, place, and date of any appeal, and the results of any appeal
b. PRECEDENT: Minor edits to current law.
44. PROVISION: 2930.16—Notice of post-conviction incarceration and release date
a. GOAL: To ensure that victims receive notice of the incarceration and any release of an offender. To ensure that custodial agencies advise victims of their rights and provide victims with the victims’ rights request form. To ensure that victims are provided timely notifications of all potential releases of the offender from the custodial agency.
b. PRECEDENT: Minor edits to current law.
45. PROVISION: 2930.161—Notice of modifications to community control
a. GOAL: To provide victims to notice of any proposed modifications of community control, any hearings on modification or termination, arrest of an offender on community control, failure of an offender to complete diversion, or any risk assessment results that would lead to any modification.
b. PRECEDENT: Arizona
46. PROVISION: 2930.162—Notification of clemency or pardon
a. GOAL: To ensure that victims of violent offenses are notified of clemency or pardon consideration of an offender by the governor or governor’s designee at least 30 days prior and provided the opportunity to submit a written impact statement.
b. PRECEDENT: Iowa
47. PROVISION: 2930.17—Victims’ rights regarding early release
a. GOAL: To ensure that courts or prosecutors notify victims of proposed early release for offenders and allow victims to be present and heard by the court at any hearings for early release.
b. PRECEDENT: Minor edits to current law.
48. PROVISION: 2930.171—Victims’ rights regarding sealing conviction records
a. GOAL: To ensure that victims are notified of applications to seal conviction records and are provided the right to be present and heard at any hearing on the matter.
b. PRECEDENT: Edits to current law following constitutional amendment.
49. PROVISION: 2930.18—Employer shall not punish victim for attending proceedings
a. GOAL: To expand victim employment protections to include the right not to be fired or punished at work for attending proceedings to exercise victims’ rights.
b. PRECEDENT: Alaska
50. PROVISION: 2930.19—Victim standing
a. GOAL: To ensure that victims are given a meaningful opportunity to protect and enforce their rights by providing the ability of the victim or victim’s counsel to file motions in trial courts and petition appellate courts for remedies when rights are denied. To allow victims to petition courts via complaints for writs or appeals, as applicable. To provide that appeals of victims’ rights violations shall receive expedited hearings. To provide victims with remedies in trial and appellate courts when their rights are violated.
b. PRECEDENT: Federal Crime Victims’ Rights Act, Oregon
51. PROVISION: 2930.191—Victim notice of appearance
a. GOAL: To provide pro se victims and victim counsel with the right to receive notices from the court of hearings and filings.
b. PRECEDENT: Arizona
52. PROVISION: 2937.11—Child victims at preliminary hearing
a. GOAL: To allow more child victims the option of testimony via CCTV or recorded deposition, as opposed to live testimony, by increasing the age of eligible victims from 12 to 18. To allow victim counsel to seek these alternatives for their clients.
b. PRECEDENT: Ohio law uses “under 16” age limit for human trafficking. This provision expands that protection for children of other violent crimes.
53. PROVISION: 2945.481—Child victims testimony via CCTV or recorded deposition
a. GOAL: To allow more child victims the option of testimony via CCTV or recorded deposition, as opposed to live trial testimony, by increasing the age of eligible victims from 12 to 18. To allow victim counsel to seek these alternatives for their clients.
b. PRECEDENT: Ohio law uses “under 16” age limit for human trafficking. This provision expands that protection for children of other violent crimes.
54. PROVISION: 2945.482—Testimony of persons with developmental disabilities
a. GOAL: To allow victim counsel for developmentally disabled victims to seek CCTV or recorded deposition alternatives to trial testimony for their clients.
b. PRECEDENT: N/A
55. PROVISION: 2945.483—Protection for child witnesses and developmentally disabled witnesses
a. GOAL: To provide protection, comfort, and support to child witnesses and developmentally disabled witnesses. For example, providing these witnesses with safety in the court room, use of questioning techniques that the witness can understand, ability to choose a support person, and to require the accused to use standby counsel to question the victim.
b. PRECEDENT: Mississippi
56. PROVISION: 2945.72—Tolling speedy trial
a. GOAL: To toll defendant speedy trial time while victim interlocutory appeals or petitions for writs for rights violations are pending.
b. PRECEDENT: Recommendation of prosecutors.
57. PROVISION: 2947.051—Pre-sentence investigations
a. GOAL: To maintain the guarantee of the victim’s right to give an impact statement as a part of a PSI.
b. PRECEDENT: Minor edits to current law.
58. PROVISION: 2951.041
a. GOAL: To correct internal references to changed sections within 2930.
b. PRECEDENT: Minor changes to current law.
59. PROVISION: 2953.32—Sealing of adult records
a. GOAL: To provide victims with notice, right to be present, and right to be heard when a court is considering sealing the record of a conviction.
b. PRECEDENT: N/A