Effective: January 1, 2004
Latest Legislation: House Bill 490 - 124th General Assembly
(A)(1) Subject to division (A)(2) of this section, notwithstanding the fines prescribed in section 2929.02 of the Revised Code for a person who is convicted of or pleads guilty to aggravated murder or murder, the fines prescribed in section 2929.18 of the Revised Code for a person who is convicted of or pleads guilty to a felony, the fines prescribed in section 2929.28 of the Revised Code for a person who is convicted of or pleads guilty to a misdemeanor, the fines prescribed in section 2929.31 of the Revised Code for an organization that is convicted of or pleads guilty to an offense, and the fines prescribed in any other section of the Revised Code for a person who is convicted of or pleads guilty to an offense, a sentencing court may impose upon the offender a fine of not more than one million dollars if any of the following applies to the offense and the offender:
(a) There are three or more victims, as defined in section 2969.11 of the Revised Code, of the offense for which the offender is being sentenced.
(b) The offender previously has been convicted of or pleaded guilty to one or more offenses, and, for the offense for which the offender is being sentenced and all of the other offenses, there is a total of three or more victims, as defined in section 2969.11 of the Revised Code.
(c) The offense for which the offender is being sentenced is aggravated murder, murder, or a felony of the first degree that, if it had been committed prior to July 1, 1996, would have been an aggravated felony of the first degree.
(2) If the offense in question is a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the court shall impose upon the offender the mandatory fine described in division (B) of section 2929.18 of the Revised Code, and, in addition, may impose a fine under division (A)(1) of this section, provided that the total of the mandatory fine and the fine imposed under division (A)(1) of this section shall not exceed one million dollars. The mandatory fine shall be paid as described in division (D) of section 2929.18 of the Revised Code, and the fine imposed under division (A)(1) of this section shall be deposited pursuant to division (B) of this section.
(B) If a sentencing court imposes a fine upon an offender pursuant to division (A)(1) of this section, all moneys paid in satisfaction of the fine or collected pursuant to division (C)(1) of this section in satisfaction of the fine shall be deposited into the crime victims recovery fund created by division (D) of this section and shall be distributed as described in that division.
(C)(1) Subject to division (C)(2) of this section, notwithstanding any contrary provision of any section of the Revised Code, if a sentencing court imposes a fine upon an offender pursuant to division (A)(1) of this section or pursuant to another section of the Revised Code, the fine shall be a judgment against the offender in favor of the state, and both of the following apply to that judgment:
(a) The state may collect the judgment by garnishing, attaching, or otherwise executing against any income, profits, or other real or personal property in which the offender has any right, title, or interest, including property acquired after the imposition of the fine, in the same manner as if the judgment had been rendered against the offender and in favor of the state in a civil action. If the fine is imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be deposited and distributed as described in divisions (B) and (D) of this section. If the fine is not imposed pursuant to division (A)(1) of this section, the moneys collected as a result of the garnishment, attachment, or other execution shall be distributed as otherwise provided by law for the distribution of money paid in satisfaction of a fine.
(b) The provisions of Chapter 2329. of the Revised Code relative to the establishment of court judgments and decrees as liens and to the enforcement of those liens apply to the judgment.
(2) Division (C)(1) of this section does not apply to any financial sanction imposed pursuant to section 2929.18 of the Revised Code upon a person who is convicted of or pleads guilty to a felony.
(D) There is hereby created in the state treasury the crime victims recovery fund. If a sentencing court imposes a fine upon an offender pursuant to division (A)(1) of this section, all moneys paid in satisfaction of the fine and all moneys collected in satisfaction of the fine pursuant to division (C)(1) of this section shall be deposited into the fund. The fund shall be administered and the moneys in it shall be distributed in accordance with sections 2969.11 to 2969.14 of the Revised Code.
Structure Ohio Revised Code
Chapter 2929 | Penalties and Sentencing
Section 2929.01 | Penalties and Sentencing General Definitions.
Section 2929.02 | Murder Penalties.
Section 2929.022 | Sentencing Hearing - Determining Existence of Aggravating Circumstance.
Section 2929.023 | Raising the Matter of Age at Trial.
Section 2929.024 | Investigation Services and Experts for Indigent Defendant.
Section 2929.03 | Imposition of Sentence for Aggravated Murder.
Section 2929.04 | Death Penalty or Imprisonment - Aggravating and Mitigating Factors.
Section 2929.05 | Supreme Court Review Upon Appeal of Sentence of Death.
Section 2929.06 | Resentencing Hearing.
Section 2929.11 | Purposes of Felony Sentencing.
Section 2929.12 | Seriousness of Crime and Recidivism Factors.
Section 2929.13 | Sanction Imposed by Degree of Felony.
Section 2929.14 | Definite Prison Terms.
Section 2929.141 | Person on Release Committing a Felony.
Section 2929.142 | Aggravated Vehicular Homicide - Mandatory Prison Term.
Section 2929.143 | Risk Reduction Sentences.
Section 2929.15 | Community Control Sanctions; Felony.
Section 2929.16 | Community Residential Sanctions - Felony.
Section 2929.17 | Nonresidential Sanctions - Felony.
Section 2929.18 | Financial Sanctions - Felony.
Section 2929.19 | Sentencing Hearing.
Section 2929.191 | Correction of Judgment of Conviction to Include Supervision Information.
Section 2929.192 | Forfeiture of Retirement Benefits on Conviction.
Section 2929.194 | Offenders Under Physical or Mental Disability; Forfeiture.
Section 2929.20 | Sentence Reduction Through Judicial Release.
Section 2929.201 | Application for Shock Probation.
Section 2929.21 | Purposes of Misdemeanor Sentencing.
Section 2929.22 | Determining Appropriate Sentence for Misdemeanors.
Section 2929.23 | Sentence for Sexually Oriented Misdemeanor Committed on or After 1-1-97.
Section 2929.24 | Definite Jail Terms for Misdemeanors.
Section 2929.25 | Community Control Sanctions - Misdemeanor.
Section 2929.26 | Community Residential Sanctions - Misdemeanor.
Section 2929.27 | Nonresidential Sanctions - Misdemeanor.
Section 2929.28 | Financial Sanctions - Misdemeanor.
Section 2929.31 | Fines for Organizations by Degree of Offense.
Section 2929.32 | Additional Fines for Certain Offenses.
Section 2929.34 | Where Imprisonment to Be Served.
Section 2929.36 | Confinement Costs Definitions.
Section 2929.37 | Confinement Cost Policy.
Section 2929.38 | Reception and Other Fees.
Section 2929.41 | Concurrent and Consecutive Sentences.
Section 2929.42 | Notice of Conviction Sent to Licensing Board.
Section 2929.61 | Sentencing Under Prior Law.
Section 2929.71 | Reimbursement of Investigative Costs of Arson.