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OH HB526

Bill

Status

Introduced

5/24/2010

Primary Sponsor

John Domenick

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

HB 526 Summary

  • Makes restitution mandatory for all felony convictions and misdemeanor offenses of violence, requiring courts to order full restitution to victims based on economic loss without considering the offender's ability to pay.

  • Establishes new procedures for determining restitution amounts, requiring prosecutors and probation departments to present evidence and allowing courts to hold hearings; shifts burden of proof to preponderance of the evidence standard.

  • Expands victim participation rights in judicial proceedings, including judicial release hearings, record sealing/expungement decisions, and sentencing, permitting victims to submit written statements and make oral statements about crime impacts.

  • Grants crime victims and victim advocates standing to assert victim rights in court proceedings and requires prosecutors to notify victims of judicial release hearings and record sealing applications at least ten days in advance.

  • Adds new enforcement mechanisms for restitution orders, including property preservation restraining orders and establishes payment priorities when multiple victims are involved (individuals first, then nonprofits, businesses, and government entities).

Legislative Description

To make restitution mandatory in cases of felonies and misdemeanor offenses of violence, to modify the determination and enforcement of restitution, and to enhance the participation of crime victims and crime victim advocates in the sentencing or disposition and judicial or early release of offenders and delinquent children.

Criminal cases-mandatory restitution/enhanced victim participation

Last Action

To Criminal Justice

5/24/2010

Full Bill Text

No bill text available