RIGHTS & ISSUES CODE REFERENCE
Information to find codes
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.)"
921.22 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 offense.
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
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
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
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
V. Sexual Assault
A. Adult
2151.15Notification 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
2907.11Suppression of Names
2907.27(A)Testing of Accused for Venereal Disease and HIV
2907.28Payment of Medical Tests or examination
2907.29Emergency 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
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
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
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")
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
X. Stalking
2903.211(A )Definitions of Menacing by Stalking
2903.211(C)(2) Definitions of Mental Distress
2903.213 Anti-stalking Protection Order
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
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"
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
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
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.
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.)"
921.22 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 offense.
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
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
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
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
V. Sexual Assault
A. Adult
2151.15Notification 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
2907.11Suppression of Names
2907.27(A)Testing of Accused for Venereal Disease and HIV
2907.28Payment of Medical Tests or examination
2907.29Emergency 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
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
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
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")
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
X. Stalking
2903.211(A )Definitions of Menacing by Stalking
2903.211(C)(2) Definitions of Mental Distress
2903.213 Anti-stalking Protection Order
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
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"
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
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
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.