Ohio § 2930.04

§ 2930.04.

(A) The attorney general shall provide access to a sample victim's rights request form,

which shall include the information specified in division (B) of this section.  The form shall be created in English, Spanish, and Arabic, and any other languages

upon request.  The attorney general shall make the form available to all sheriffs, marshals, municipal

corporation and township police departments, constables, and other law enforcement

agencies, to all prosecuting attorneys, city directors of law, village solicitors,

and other similar chief legal officers of municipal corporations, and to organizations

that represent or provide services for victims of crime.  Any organization or entity may use the sample victim's rights request form provided

by the attorney general or a similar form that, at a minimum, contains all the required

information listed in division (B) of this section. (B)(1) The form may be in print or electronic format and shall do all of the following: (a) Inform victims of rights that are automatically granted; (b) Of the rights that are not automatically granted, allow the victim and victim's representative,

if applicable, to select which rights the victim wishes to request; (c) Inform victims that an election of rights made on the form can be changed at any

time; (d) Include a section for law enforcement to indicate that the victim did not complete

the form at the time of first contact with law enforcement, if applicable; (e) Inform the victim and victim's representative that failure to affirmatively request

the rights that are not automatically granted is a waiver of those rights once contacted

by the prosecutor, but that the victim or victim's representative may request those

rights at a later date; (f) Provide information about the right to designate a victim's representative and the

method for the victim to designate a victim's representative if the victim chooses

and include a section that allows a victim who has appointed a victim's representative

the opportunity to opt out of notices; (g) Include a section that allows the victim or victim's representative to request interpretation

services and provide the information necessary for the criminal justice system official

to provide those services; (h) Include a section that indicates that a law enforcement official or the prosecutor

provided the form to the victim, and indicates whether a law enforcement officer,

the prosecutor, or the victim completed the form; (i) Include the address, telephone number, and electronic mail address, if available,

for the victim and victim's representative, if applicable; (j) Include a section to indicate the contact information or address for the law enforcement

official, incident report number, badge number of the law enforcement officer, case

number, if available, and arraignment date, time and location, if known; (k) Include a section that explains that if a victim of violating a protection order,

an offense of violence, or a sexually oriented offense does not complete the form

or request the victim's applicable rights on first contact with law enforcement, it

is considered an assertion of the victim's rights until the victim completes the form

or requests applicable rights, or the prosecutor contacts the victim pursuant to section 2930.06 of the Revised Code to provide another opportunity to request any right that is not automatically conferred

under the Ohio Constitution; (l) Advise victims of the right to counsel and provide victims information about available

no-cost legal services to help enforce victims' rights. (m) Provide information for online or print access to the attorney general information

card, victim's rights request form, and compilation of victim's bill of rights as

described in section 109.42 of the Revised Code , including telephone and web site information for obtaining copies; (n) Inform victims of the responsibility to keep contact information current with the

applicable law enforcement official; (o) Provide a section for prosecutors to inform the custodial agency of the victim's

and victim's representative's, if applicable, name and identifying information; (p) Contain a statement that the victim's rights request form is not a public record

under section 149.43 of the Revised Code ; (q) Include a section that allows the victim or victim's representative to request redaction

of the victim's name, address, and identifying information in case documents related

to the criminal offense or delinquent act, and that includes all of the following: (i) The ability to select redaction of law enforcement records, redaction of prosecutor

records, and redaction of court records, as set forth under section 2930.07 of the Revised Code ; (ii) An explanation that the right to redaction does not apply to motor vehicle accident

reports submitted to the department of public safety pursuant to section 5502.11 of the Revised Code unless the victim sends a separate redaction request to the department of public

safety; (iii) The contact information for the department of public safety where a victim may request

redaction of motor vehicle accident reports submitted pursuant to section 5502.11 of the Revised Code , as provided in division (D)(2) of section 2930.07 of the Revised Code ; (r) Provide information about the importance of the arraignment process for victim's

rights; (s) Provide information about the right to refuse interview, deposition and discovery

requests from the defendant; (t) Provide information about the potential availability of protection orders; (u) Provide information about victims' compensation and restitution, and the importance

of preserving documentation during the criminal justice process for purposes of obtaining

compensation or restitution; (v) Provide information about privacy for victim addresses through the address confidentiality

program established by section 111.42 of the Revised Code , including the web site address and contact telephone number for the program; (w) Provide information about incarcerated offenders through the victim information and

notification everyday program, including the web site address to register for text

message or electronic mail notices of offender release. (C)(1) A completed or partially completed victim's rights request form is not a public record

under section 149.43 of the Revised Code . (2) The prosecutor, the victim, and the victim's representative, if applicable, shall

be provided a copy of the unredacted victim's rights form.  The defendant, alleged delinquent child, or the attorney for the defendant or alleged

delinquent child shall be permitted access to the victim's name and completed or partially

completed victim's rights request form with the exception of the victim's and victim

representative's address, phone number, electronic mail address, or other identifying

information, unless directed by the court under division (B) of section 2930.07 of the Revised Code . (D) At the time of its initial contact with a victim of a criminal offense or delinquent

act, or as soon as practicable following the initial contact, the law enforcement

agency responsible for investigating the criminal offense or delinquent act shall

provide the victim in writing, or provide access to, as specified in division (E)(2)

of this section, all of the following information: (1) The victim's rights under this section and the victim's bill of rights under Ohio Constitution, Article I, Section 10a , including the right to exercise those rights through counsel; (2) The availability of crisis intervention services, housing, and emergency and medical

services, or contact information for statewide organizations that can direct victims

to local resources; (3) When applicable, the procedures and resources available for the protection of the

victim, including protection orders issued by the courts; (4) Information about public and private victim services programs, including, but not

limited to, the crime victims compensation program and emergency shelter programs,

or, if local information is not available, contact information for statewide organizations

that can direct a victim to these types of resources; (5) The police report number, if applicable, business telephone number of the law enforcement

agency investigating the victim's case, and the office address and business telephone

number of the prosecutor in the victim's case, when available. (E)(1) The law enforcement officer responsible for providing information under this section

shall use reasonable efforts to identify the victim.  At a minimum, this information should be disseminated to the individual or individuals

identified in the police report as victims. (2) If the law enforcement officer generates a report, the law enforcement agency shall

do one of the following: (a) If the offense for which the report is generated is violating a protection order,

an offense of violence, or a sexually oriented offense, on initial contact with the

victim, the law enforcement agency shall collect and retain a completed copy of the

victim's rights request form or a form that, at a minimum, contains the required information

listed in division (B) of this section from the individual identified as the victim

in the report.  If at the time of contact with a law enforcement agency the victim does not complete

the form for any reason or request the victim's applicable rights, the law enforcement

agency shall designate this on the form.  The law enforcement agency shall use the form to document the name and contact information

of the victim and the victim's representative, if applicable, or shall ensure the

victim's noncompletion is documented in a written or electronic police report, along

with the names of the victim and victim's representative, if applicable, and shall

provide the prosecutor with access to the form or this report.  The form or report shall be available to the victim upon request.  The victim's failure to complete the form or to request the victim's applicable

rights under this division shall be considered an assertion of the victim's rights,

including redaction, until the prosecutor contacts the victim pursuant to section 2930.06 of the Revised Code to provide another opportunity to request any right that is not automatically conferred

under the Ohio Constitution. (b) A law enforcement agency that does not obtain a completed form from a victim of violating

a protection order, an offense of violence, or a sexually oriented offense shall do

all of the following: (i) Review the form with the victim, or victim's representative, if applicable; (ii) Provide the victim with a copy of the form; (iii) Provide the victim with the arraignment information as set forth in section 2930.05 of the Revised Code that would also be provided to a victim if the victim completes the form. (c) If the offense for which the report is generated is not violating a protection order,

an offense of violence, or a sexually oriented offense, the law enforcement agency

shall provide the victim with information on how to obtain a copy of the form and

the compilation prepared under section 109.42 of the Revised Code , or, if practicable, the agency may provide a copy of the form and review the victim's

rights with the victim. (F) If a suspect is arrested, the law enforcement agency shall submit a copy of the victim's

rights request form if one was completed upon initial contact with law enforcement,

or the name and contact information for the victim and victim's representative, if

applicable, to the custodial agency as soon as practicable once the law enforcement

agency learns of the suspect's arrest. (G) If a suspect is cited and released, the law enforcement agency responsible for investigating

the offense shall inform the victim and the victim's representative, if applicable,

of the court date, if known, and how to obtain additional information from the clerk

of the court about the arraignment or initial appearance. (H) To the extent that the information required by this section is provided in the victim's

rights request form created under this section and the compilation prepared pursuant

to section 109.42 of the Revised Code or in the information card or other material prepared pursuant to section 2743.71 of the Revised Code , the law enforcement agency may fulfill that portion of its obligations under this

section by giving or providing access to that form, compilation, information card,

or other material to the victim. (I)(1)(a) On the filing of charges or a complaint, the law enforcement agency shall submit

a copy of the victim's rights request form if completed, or a copy of the police report

that contains the name and contact information of the victim or victim's representative,

if applicable, and indicates the victim's noncompletion of the form, to the prosecutor

and to the court if the victim is a victim of violating a protection order, an offense

of violence, or a sexually oriented offense. (b) For all other violations, the law enforcement agency shall submit a copy of the victim's

rights request form to the prosecutor and to the court when the victim has submitted

a form to the law enforcement agency. (2) During the first interaction between the prosecutor and the victim, the prosecutor

shall review the victim's rights request form with the victim, or victim's representative,

if applicable, if the form was not previously completed with law enforcement, and

shall file the form with the court after initiation of a criminal prosecution and

provide a copy to law enforcement. (3) A victim may elect not to receive the notifications described in division (B)(1)

of this section, in which case the prosecutor shall document that refusal.  Once the prosecutor has met with the victim, the prosecutor shall file the completed

or updated victim's rights request form with the court. (4) If a defendant is convicted and sentenced to the department of rehabilitation and

correction or the department of youth services, the court shall ask the victim or

victim's representative, if present, or the prosecutor if the victim wishes to update

the victim's contact information, notifications or other opt-in rights, and shall

inform the victim or victim's representative that it is the victim's or victim's representative's

duty to notify the department of rehabilitation and correction or department of youth

services of any change in address or contact information.  The court shall forward a copy of the most recently filed form to the custodial

agency to which the defendant is sentenced and to the probation department, if applicable. (K)(1) 1 A person, who by reason of that person's regular business activities, is the subject

of multiple and continuing criminal offenses or delinquent acts as a potential victim,

may opt out of notices and rights available pursuant to the Ohio Constitution, Chapter

2930. of the Revised Code, and other laws providing victims with rights for future

offenses by giving a written notification form to the appropriate prosecutor or the

prosecutor's designee. (2) The form shall include the name and address of the person's business and the period

of time that the person wishes to opt out of receiving the notices and rights available.  The form may also state that the person is only interested in the notices described

in this section if restitution is at issue.  It shall be signed by the person or another person with management authority over

the business. (L) 1 As used in this section, “sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . 1

 Division designator so in original, 2023 S 16.