HB 336: Enact the Sam Knisley Family Support Act

(A) In addition to compensatory damages, a court may award child maintenance in a civil action for wrongful death in a case in which both of the following apply:

1. The wrongful death is found to have been proximately caused by the deceased defendant's felony violation of division (A) (1) of section 2903.06 of the Revised Code.
2. At the time of death, the deceased victim was the parent of at least one surviving minor child.

(B) For each minor child of the victim, the court may order the payment of child maintenance until the child reaches eighteen years of age.

(C) The court shall calculate the amount of child maintenance in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of Chapter 3119. of the Revised Code as if the deceased defendant were a parent subject to a child support order under that chapter.

(D) The court shall order that child maintenance payments be made from the defendant's estate to the clerk of courts as trustee for remittance to the child's surviving parent. The clerk shall remit the payments to the surviving parent within three business days of receipt by the clerk. The clerk shall deposit all payments not later than the next business day after receipt.

(E) For purposes of this section, "parent" includes a legal custodian or guardian of a child.

(A) Except as otherwise provided in this division and in addition to imposing court costs pursuant to section 2947.23 of the Revised Code, the court imposing a sentence upon an offender for a felony may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section or, in the circumstances specified in section 2929.32 of the Revised Code, may impose upon the offender a fine in accordance with that section, and shall sentence the offender to make restitution pursuant to this section and section 2929.281 of the Revised Code. The victim has a right not to seek restitution. However, the court shall order the financial sanction specified in division (A) (2) of this section, if applicable, in addition to any other financial sanction or combination of financial sanctions imposed under this section. Subject to division (A) (2) of this section, financial sanctions that either are required to be or may be imposed pursuant to this section include, but are not limited to, the following:

1. Restitution by the offender to the victim of the offender's criminal offense or the victim's estate, in an amount based on the victim's economic loss. In open court, the court shall order that full restitution be made to the victim, to the adult probation department that serves the county on behalf of the victim, to the clerk of courts, or to another agency designated by the court. At sentencing, the court shall determine the amount of restitution to be made by the offender. The victim, victim's representative, victim's attorney, if applicable, the prosecutor or the prosecutor's designee, and the offender may provide information relevant to the determination of the amount of restitution. The amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court imposes restitution for the cost of accounting or auditing done to determine the extent of economic loss, the court may order restitution for any amount of the victim's costs of accounting or auditing provided that the amount of restitution is reasonable and does not exceed the value of property or services stolen or damaged as a result of the offense. The court shall hold a hearing on restitution if the offender, victim, victim's representative, or victim's estate disputes the amount. The court shall determine the amount of full restitution by a preponderance of the evidence. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or the victim's estate against the offender.
2. Except-(2) (a) For any felony violation of division (A) (1) of section 2903.06 of the Revised Code, the court shall order restitution in the form of child maintenance if the offender was convicted of or pleaded guilty to that violation and at the time of the offense the deceased victim was the parent, legal custodian, or guardian of at least one surviving minor child. For each minor child of the victim, the offender shall pay child maintenance until the child reaches eighteen years of age.
3. Except as provided in division (B) (1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision, or as described in division (B) (2) of this section to one or more law enforcement agencies, with the amount of the fine based on a standard percentage of the offender's daily income over a period of time determined by the court and based upon the seriousness of the offense. A fine ordered under this division shall not exceed the maximum conventional fine amount authorized for the level of the offense under division (A) (3)-(A) (4) of this section.
4. Except as provided in division (B) (1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision when appropriate for a felony, or as described in division (B) (2) of this section to one or more law enforcement agencies, in the following amount:
1. For a felony of the first degree, not more than twenty thousand dollars;
2. For a felony of the second degree, not more than fifteen thousand dollars;
3. For a felony of the third degree, not more than ten thousand dollars;
4. For a felony of the fourth degree, not more than five thousand dollars;
5. For a felony of the fifth degree, not more than two thousand five hundred dollars.
5. A state fine or costs as defined in section 2949.111 of the Revised Code.
6. Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including the following:
1. All or part of the costs of implementing any community control sanction, including a supervision fee under section 2951.021 of the Revised Code;
2. All or part of the costs of confinement under a sanction imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the Revised Code, provided that the amount of reimbursement ordered under this division shall not exceed the total amount of reimbursement the offender is able to pay as determined at a hearing and shall not exceed the actual cost of the confinement;
3. All or part of the cost of purchasing and using an immobilizing or disabling device, including a certified ignition interlock device, or a remote alcohol monitoring device that a court orders an offender to use under section 4510.13 of the Revised Code.