| I. General Victims Rights/Issues |
| A. General |
| 109.42(A)(11)(12)(13) |
Victim's Rights Pamphlet to be given to victims |
| 307.62(A) |
County Grants And/or Tax Levies for Crime Victim Assistance Programs
"Parole Authority Offender Investigation Policy Documenting Victims Version/ Restitution may use Victim Assistance Program Information. (APA Man. 501.25 Sec. VI, C.)" |
| 2317.02 |
"Professions covered by privileged communication (includes persons licensed by Counselor or Social Worker board, clergy, etc.)" |
| 2921.22 |
Felony injury/death required reporting (Exception for rape crisis lines and programs) |
| 2947.04 |
Victim/Witness Protection |
| 2947.051(A) |
Victim impact Statement Allowed in Felony Cases; May be Prepared by Court's Probation Officer or Victim Assistance Program |
| 2947.051(B) |
Contents of Victim Impact Statement |
| 2947.051(C) |
Confidentiality of Pre-Sentence Investigation (PSI) |
| 2951.03(B) |
Confidential Parts of PSI |
| Criminal Rule 46 (D)(3) |
Court not required to release a defendant on own recognizance bond if danger to self or others may result |
| Ohio Constitution Section 9 Article 1 |
Court may deny bail to felony defendant when substantial risk exists of serious physical danger to others. |
| 2935.09 |
Peace officer or citizen may file affidavit to cause arrest or prosecution for a criminal offence. |
| B. Victims Rights Section |
| 2930.01 |
"Definitions and Eligible Victims (All felonies and misdemeanor crimes of domestic violence, aggravated menacing, negligent homicide, assault, menacing, stalking, intimidation of a crime victim or witness, vehicular homicide, and sexual imposition.)" |
| 2930.02 |
Exercise of Victim's Rights by Representative |
| 2930.03 |
Means of Giving Notice to Victim; Notice of Changes |
| 2930.04 |
Law Enforcement and Prosecutors Must Notify Victims of Pertinent Information |
| 2930.05 |
"Bond Re-hearing, Notice of Arrest" |
| 2930.06 |
Prosecutor to Confer With Victim and Provide Notice of Proceedings |
| 2930.07 |
Suppressing Victim/ Witness' Identification Information in Court Files |
| 2930.08 |
Notice of Delays and Objections |
| 2930.09 |
Victim's May be Present at Defendant's Hearings and be Accompanied by Support Person |
| 2930.1 |
Separate Waiting Area |
| 2930.11 |
Prompt Property Return |
| 2930.12 |
Notice of Acquittal or Conviction and Related Information |
| 2930.13 |
Victim Impact Statement May Be Written or Oral and Used in Pre-Sentence Investigation |
| 2930.14 |
Written Impact Statements Not Public Record and Stentencing Statement |
| 2930.15 |
Notice of an Appeal Being Filed |
| 2930.16 |
"Contact Information of Custodial Agency, Release, Escape, Death, and Judicial Release and Release Conditions Upon Victim Request" |
| 2930.17 |
Victim Impact Statement Used in Sentencing or Early Release Hearing |
| 2930.18 |
Employment Protections |
| 2930.19 |
Prosecutor's Responsibility for Compliance |
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| II. Domestic Violence |
| Domestic Violence Defined |
"2919.25, 3113.31(A), 3113.33(A)(B)(D)" |
| 2919.251 |
Bail Conditions in certain cases |
| 2919.27 |
Protection Order and Violations |
| 2903.21 |
Menacing By Stalking |
| 2935.03(B)(3) |
"Grounds for Arrest or No Arrest, Primary Aggressor, Victim Filing Charges or Not Cooperating ,Signing Complaint, Arrest and Jail Crowding Not a Factor, If Offender is not Present, Threat of Deadly Weapon" |
| 2935.032(A)(2)(c) |
Duties of Officer at Site |
| 2935.032(C) |
Officer and Violation of Protection Order |
| 2935.032(D) |
Written Report of Officer |
| 2945.215 |
Victim/Witness Intimidation Protection Order |
| 2947.051 |
Victim Impact Statement |
| 3113.216 |
Civil Protection Order |
| 3113.31(E) |
Protection Order Granted From Court and What They May Do |
| 3113.31(F)(1) |
Copy of Protection Order |
| 3133.32 |
Records of Domestic Abuse |
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| III. Elder Abuse |
| A. Definitions |
| 2903.33(B) & (C) |
Abuse and Neglect in "Care Facilities" |
| 3721.13(A) |
Rights of Residents of Home |
| 3721.21(B) |
Abuse or Misappropriation of Elders in Health Care Settings |
| 3721.21(C) |
Neglect of Elders in Health Care Settings |
| 5101.60(A) & (K) |
Abuse and Neglect in Independent Living/Adult Care Facilities |
| B. Remedies Available |
| 3721.08 |
"Injunction for ""Real and Present Danger" |
| 3721.17 |
Grievance Committee/Administrator/ ODH |
| 3721.17(1) |
Private Right of Action |
| 3721.22 |
Administrative Hearing on Alleged Abuse |
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| IV. Child Abuse |
| A. Physical Abuse |
| 2151.03 |
Can have finding of abuse without conviction |
| 2151.031 |
"Abuse defined: Endangering, Neglect, etc." |
| 2919.22(A)(B) |
Possible Abuse |
| B. Sexual Abuse (See also Sexual Assault) |
| 109.42(A)(17) |
Pamphlet for Sexual Abuse |
| 2907.04(A) |
Corruption of a Minor |
| 2907.321 |
Pandering Obscenity |
| 2907.322(A)(B)(1) |
Pandering Sexual Oriented Material Involving a Minor |
| 2907.323 |
Nudity-Oriented Material or Performance |
| 2919.22(D)(4)(a)(b)(c) |
Sexual Abuse of Children with Sexual Materials |
| 2930.19 |
Prosecutor to Confer With Victim |
| 2947.2 |
Victim Impact Statement |
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| V. Sexual Assault |
| A. Adult |
| 2151.15 |
Notification To Victim of Defendant With Sexually Transmitted Diseases |
| 2907.02(D) |
Prior Sexual Activity Not Allowed to Be Discussed in Rape Cases |
| 2907.02(E) |
Admissibility of Evidence Hearing |
| 2907.02(F) |
Victim's Right to an Attorney |
| 2907.05(C) |
No Need to Prove Resistance |
| 2907.05(D)(E) |
Prior Sexual Activity (G.S.I.) |
| 2907.05(F) |
Right to Counsel |
| 2907.11 |
Suppression of Names |
| 2907.27(A) |
Testing of Accused for Venereal Disease and HIV |
| 2907.28 |
Payment of Medical Tests or examination |
| 2907.29 |
Emergency Services for Victims |
| 2907.30(A) |
Trained Personnel Must Question Sexual Assault Victim's |
| 2907.30(B) |
Notifying Victim of Sexual Assault of Predator Having Venereal Disease |
| B. Child |
| 2151.14(B) |
Notifying Victim That the Defendant has Venereal Disease |
| 2151.15 |
Notification To Victim of Defendant With Sexually Transmitted Diseases |
| 2907.02(D) |
Sexual Activity Not Allowed to Be Discussed in Rape Cases |
| 2907.05(A)(4) |
Imposition Under Age 13 |
| 2907.30(A) |
Trained Personnel Must Question Sexual Assault Victims |
| 2907.30(B) |
Notifying Victim That the Defendant has Venereal Disease |
| 2907.322(A)(B)(l) |
Pandering Sexual Oriented Material Involving a Minor |
| 2907.41 |
Testimony of Victim Under 13 and Video Taping |
| Juvenile Rules 24 & 25 |
Limit Interviews of alleged abused child to three in trial process |
| HB32 (eff. 3-10-98) |
Add mandatory 5 years if controlled substance used |
| C. 2950 Sex Offender Registration and Victim Notification Law |
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| VI. Homicide Victim |
| 2903 |
Defines Terms Found in Homicide Cases |
| 313.121(C) |
Autopsy and Religious Beliefs |
| 313.121(D) |
Preliminary and Final Results of Autopsy to Parents |
| 313.121(E) |
"Child Under 2 Dies Suddenly and In Apparent ""Good Health""" |
| 313.43 |
Coroner's Records |
| 2943.51(A)(1)(b) |
Dependent of Deceased Victim |
| 2947.051 |
Victim Impact Statement |
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| VII. Victims Compensation |
| 2743.51 |
Type of Expenses Compensation Fund will cover |
| 2743.51(A)(1) |
Non-Ohio Resident filing |
| 2743.51(A)(2) |
Filing for Compensation if Crime Occurred outside Ohio |
| 2743.56(C) |
Filing Deadlines |
| 2743.59 |
Attorney General responsible for investigation and recommendation for Compensation to Court of Claims |
| "2743.59(F), 2743.55(C), 2743.61" |
Victim's right to appeal |
| 2743.60(A) |
Mandatory Crime Reporting |
| 2743.60(E) & (F)(1)(2) |
Convicted felons may not benefit |
| 2743.67 |
Tentative award due to immediate financial need |
| 2743.72 |
Relation to Civil Lawsuit |
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| VIII. Restitution/ Financial Sanctions |
| 2907.15 |
Restitution Money Can Be Withheld from Public Employee's Retirement benefits for sexual crimes |
| 2151.355 |
Juvenile Making Restitution |
| "2907.02, 2907.06, 2907.12" |
Payment of Expenses When Purpose of Gathering Evidence is For Possible Prosecution |
| 2907.28 |
Payment of Medical Tests or Examinations |
| 2909.18(D)(1)(2) |
Offender Becomes Debtor in Financial Sanctions |
| 2921.21 |
When Victim May Accept Restitution Instead of Pressing Charges |
| 2929.18(A)(1) |
Restitution Paid by Offender to Crime Victim Survivor or Family of Victim |
| "2929.25, 2909.18(H)" |
Civil Action Against Offender |
| 2929.28(B) |
Arsonist Reimburses Agencies for Cost of Prosecution and Investigation |
| 2969 |
Fines Assessed from Offender Media Profits ("Son of Sam Law") |
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| IX. Victims and Parole/ Department of Corrections |
| 2950.2 |
Public Notice of Sex Offender Release and Residence in a Community |
| 2950.4 |
Release of Sex Offender-Court Duties |
| 2967.03 |
Victim testimony and Parole |
| 2967.12(B) |
Notice to Victim of Pardon or Parole |
| 5120.60(E) |
Office of Victims Services May Petition Board for hearing of Prisoner |
| 5149.101(B)(3) |
Victims Present at Parole Hearing |
| HB 629/121 |
Monitoring Incompetents (Mentally ill/Impaired) convicts of violent crime or innocent by reason of insanity |
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| X. Stalking |
| 2903.211(A) |
Definitions of Menacing by Stalking |
| 2903.211(C)(2) |
Definitions of Mental Distress |
| 2903.213 |
Anti-stalking Protection Order |
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| XI. Victim/ Offender Mediation |
| 307.62(A)(7) |
Grants for Victim Offender Mediation |
| 2929.01(II) |
Definition of Victim-Offender Mediation |
| 2929.17(L) |
Nonresidential Sanctions for Felony |
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| XII. Juvenile Court |
| 2151.14(C) |
Notification to Victim of Delinquent Child Having a Communicable Disease |
| 2151.35 |
Local Juvenile Authorities May Allow Victim Input Rights for Juvenile Offenses |
| 2151.355(A)(2) |
"Juvenile Making Restitution Mandatory for Property Crime. (Any other violation, restitution may be required.)" |
| 2151.355(A)(8)(b) |
"Restitution to Victim defined as money, labor, repair, etc." |
| 2151.355(G)(1) |
Victim Impact statement Related to the Order of Disposition and Offense Committed |
| 2151.355(G)(2) |
What Victim Impact Statement is to Include |
| 2151.355(G)(3) |
Victim Impact Statement to be Kept Confidential |
| 3109.9 or 3109.10 |
"Up to $10,000 can be Recovered from Parent of Juvenile for damages, injuries or theft" |
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| XIII. Drunk Driving |
| 1547.11 |
Operators of watercraft and skiers subject to DUI laws |
| 2919.22(C)(1) |
Includes child endangerment crime for DUI |
| 2929 |
Repeat DUI offenders increase penalties |
| 4506.17 |
Includes Dangerous Drugs in DUI Statutes |
| 4506.12 & 4506.13 |
Drivers records are public record that victims have the right to access. |
| 4507.163(B) |
Use of Records in Proceedings |
| 4507.361(B) & (C) |
"Immobilization of Vehicle, Impoundment of Vehicle, Forfeiture of Vehicle" |
| 4511.19(A) |
Driving Under the Influence with Certain Concentrations of Alcohol In Bodily Fluids |
| 4511.19(B) |
Under 21 and DUI |
| 4511.19(D)(1)(2) |
Test for Alcohol or Drug Level May Be Used As Evidence In Prosecution or Juvenile Court Proceedings |
| 4511.19(D)(3) |
Results of Chemical Test Can Be Made Available to the Defendant and/ or Attorney |
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| XIV. Missing Children |
| 109.65(A) |
Definition of a Minor |
| 109.65(B) |
Missing Children Clearinghouse |
| "109.65(D), 3301.25, 3313.205, 3313.672(A)(B), 3313.96" |
Education's Responsibilities |
| 2901.3 |
Police Handling of Missing Child Case |
| 2901.31 |
Cooperation in National Information Records |
| 2901.32 |
Regulation of Solicitations for Missing Child Information Distribution |
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| XV. Ohio Crime Victims Constitutional Amendment |
| Section 10a |
Victims of Criminal Offenses Shall Be Accorded Fairness, Dignity, and Respect in the Criminal Justice Process, And, as the General Assembly Shall Define and Provide by Law, Shall Be Accorded Rights to Reasonable and Appropriate Notice, Information, Access, and Protection and to a Meaningful Role in the Criminal Justice Process.
This Section Does Not Confer upon Any Person a Right to Appeal or Modify Any Decision in a Criminal Proceeding, Does Not Abridge Any Other Right Guaranteed by the Constitution of the United States or this Constitution and Does Not Create Any Cause of Action for Compensation or Damages Against the State, Any Political Subdivision or the State, Any Officer, Employee, or Agent of the State or Any Political Subdivision, or Any Officer of the Court.
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