Ohio Code 2930.14 – Victim’s statement
(A) Before imposing sentence upon, or entering an order of disposition for, a defendant or alleged juvenile offender for the commission of a criminal offense or delinquent act, the court shall permit the victim and victim’s representative, if applicable, to be heard orally, in writing, or both during the sentencing or disposition proceeding. The court may give copies of any written statement made by a victim or victim’s representative to the defendant or alleged juvenile offender and defendant’s or alleged juvenile offender’s counsel and may give any written statement made by the defendant or alleged juvenile offender to the victim, victim’s representative, or victim’s attorney, if applicable, and the prosecutor. The court may redact any information contained in a written statement that the court determines is not relevant to and will not be relied upon in the sentencing or disposition decision. The victim’s or victim’s representative’s oral statement is not subject to cross-examination. The written statement of the victim or victim’s representative or the defendant or alleged juvenile offender is confidential and is not a public record as used in section 149.43 of the Revised Code. Any person to whom a copy of a written statement was released by the court shall return it to the court immediately following sentencing or disposition.
Terms Used In Ohio Code 2930.14
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person who is alleged to be the perpetrator of a criminal offense in a complaint, indictment, or information that charges the commission of a criminal offense and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
(B) The court shall consider a statement made by a victim or victim’s representative under division (A) of this section along with other factors that the court is required to consider in imposing sentence or in determining the order of disposition. If the statement includes new material facts, the court shall not rely on the new material facts unless it continues the sentencing or dispositional proceeding or takes other appropriate action to allow the defendant or alleged juvenile offender an adequate opportunity to respond to the new material facts.
Last updated March 9, 2023 at 3:54 PM