Ohio Code 2930.13 – Victim impact statement
(A) If the court orders the preparation of a victim impact statement pursuant to division (D)(1) of section 2152.19 or section 2947.051 of the Revised Code, the victim in the case and victim’s representative, if applicable, may make a written and oral statement regarding the impact of the criminal offense or delinquent act to the person whom the court orders to prepare the victim impact statement. A statement made by the victim or victim’s representative under this section shall be included in the victim impact statement.
Terms Used In Ohio Code 2930.13
- 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
- Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. 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
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means real and personal property. See Ohio Code 1.59
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Rule: includes regulation. See Ohio Code 1.59
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(B) If a probation officer or other person is preparing a presentence investigation report pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2, or a disposition investigation report pursuant to section 2152.18 of the Revised Code, concerning the defendant or alleged juvenile offender in the case, the victim and victim’s representative, if applicable, may make a written and oral statement regarding the impact of the criminal offense or delinquent act to the probation officer or other person. The probation officer or other person shall use the statement in preparing the presentence investigation report or disposition investigation report and, upon the victim’s or victim’s representative’s request, shall include a written statement submitted by the victim in the presentence investigation report or disposition investigation report.
(C) A statement made by the victim or victim’s representative under division (A) or (B) of this section may include the following:
(1) An explanation of the nature and extent of any physical, psychological, or emotional harm suffered by the victim as a result of the criminal offense or delinquent act that is the basis of the case;
(2) An explanation of the extent of any property damage or other economic loss suffered by the victim as a result of that criminal offense or delinquent act;
(3) An opinion regarding the extent to which, if any, the victim needs restitution for harm caused by the defendant or alleged juvenile offender as a result of that criminal offense or delinquent act and information about whether the victim has applied for or received any compensation for loss or damage caused by that criminal offense or delinquent act;
(4) The victim’s and victim’s representative’s recommendation for an appropriate sanction or disposition for the defendant or alleged juvenile offender regarding that criminal offense or delinquent act.
(D) If a statement made by a victim or victim’s representative under division (A) of this section is included in a victim impact statement, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of the victim impact statement is governed by division (D)(3) of section 2152.19 or by division (C) of section 2947.051 of the Revised Code, as appropriate. If a statement made by a victim or victim’s representative under division (B) of this section is included in a presentence investigation report prepared pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 or in a disposition investigation report pursuant to division (C)(1) of section 2152.18 of the Revised Code, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of the presentence investigation report or disposition investigation report that contains the victim’s statement is governed by section 2951.03 of the Revised Code.
Last updated March 9, 2023 at 3:53 PM