Ohio Code § 2930.06

§ 2930.06.

(A)(1) The prosecutor in a case or the prosecutor's designee, to the extent practicable,

shall, on the victim's request, confer with the victim and the victim's representative,

if applicable, at each of the following stages: (a) Before pretrial diversion is granted to the defendant or alleged juvenile offender

in the case; (b) Before amending or dismissing an indictment, information, or complaint against that

defendant or alleged juvenile offender, unless the amendment to the indictment, information,

or complaint is a correction of a procedural defect that is not substantive in nature; (c) Before agreeing to a negotiated plea for that defendant or alleged juvenile offender; (d) Before a trial of that defendant by judge or jury; (e) Before the juvenile court conducts an adjudicatory hearing for that alleged juvenile

offender. (2) If the juvenile court disposes of a case prior to the prosecutor's involvement in

the case, the court or a court employee shall notify the victim and the victim's representative

in the case, if applicable, that the alleged juvenile offender will be granted pretrial

diversion, the complaint against that alleged juvenile offender will be amended or

dismissed, or the court will conduct an adjudicatory hearing for that alleged juvenile

offender. (3) At a hearing at any of the stages listed in division (A)(1) of this section, the

court shall inquire as to whether the victim or victim's representative, if applicable,

requested to confer with the prosecutor, and whether or not the prosecutor conferred

with the victim and the victim's representative, if applicable.  If the prosecutor fails to confer with the victim and the victim's representative,

if applicable, at any of those times, the court shall note on the record the failure

and the prosecutor's reasons for the failure.  Except as provided in division (A)(5) of this section, if the court determines that

reasonable efforts were not made to confer with the victim and victim's representative,

if applicable, or reasonable efforts were not made to provide reasonable and timely

notice of the time, place, and nature of the court proceeding to the victim and victim's

representative, if applicable, as required by this section or by Ohio Constitution, Article I, Section 10a , the court shall not rule on any substantive issue that implicates a victim's right,

accept a plea, or impose a sentence, and shall continue the court proceeding for the

time necessary to provide the required notice to the victim and victim's representative,

if applicable.  A prosecutor's failure to confer with a victim as required by this division and

a court's failure to provide the notice as required by this division do not affect

the validity of an agreement between the prosecutor and the defendant or alleged juvenile

offender in the case, a pretrial diversion of the defendant or alleged juvenile offender,

an amendment or dismissal of an indictment, information, or complaint filed against

the defendant or alleged juvenile offender, a plea entered by the defendant or alleged

juvenile defender, an admission entered by the defendant or alleged juvenile offender,

or any other disposition in the case. (4) A court shall not dismiss a criminal complaint, charge, information, or indictment

or a delinquent child complaint solely at the request of the victim or victim's representative

and over the objection of the prosecuting attorney, village solicitor, city director

of law, or other chief legal officer responsible for the prosecution of the case. (5) Nothing in this section prohibits a court from taking any action necessary to ensure

that a person charged with an offense is brought to trial within the time required

by sections 2945.71 to 2953.73 of the Revised Code and a defendant's constitutional right to a speedy trial. (B) On request of the victim or the victim's representative, the prosecutor shall keep

the victim and the victim's representative, if applicable, apprised of requests and

communications from the defendant, alleged juvenile offender, the attorney for the

defendant or alleged juvenile offender, or the agent of the defendant or alleged juvenile

offender that could affect the victim's privacy rights or safety concerns. (C) After a prosecution in a case has been commenced, the prosecutor or a designee of

the prosecutor other than a court or court employee shall give the victim and the

victim's representative, if applicable, all of the following information within a

reasonable time frame, except that, if the juvenile court disposes of a case prior

to the prosecutor's involvement in the case, the court or a court employee promptly

shall give the victim and the victim's representative all of the following information: (1) The name of the criminal offense or delinquent act with which the defendant or alleged

juvenile offender in the case has been charged and the name of the defendant or alleged

juvenile offender; (2) The file number of the case; (3) An explanation of the procedural steps in a criminal prosecution or delinquency proceeding

involving a criminal offense or delinquent act similar to the criminal offense or

delinquent act with which the defendant or alleged juvenile offender has been charged

and the right of the victim and victim's representative to be present during all proceedings

held throughout the prosecution of the case; (4) A summary of the rights of a victim under this chapter and under Section 10a of Article I of the Ohio Constitution ; (5) Procedures the victim, the victim's representative, or the prosecutor may follow

if the victim becomes subject to threats of violence, harassment, or intimidation

by the defendant, alleged juvenile offender, or any other person; (6) The name and business telephone number of the office to contact for further information

with respect to the case; (7)(a) The victim's rights request form, or a similar form that, at a minimum, contains

the required information listed in this section and on the victim's rights request

form, that allows the victim and the victim's representative, if applicable, to request

applicable rights to which the victim and victim's representative are entitled under

this chapter, including notice to the victim and the victim's representative that

failure to affirmatively request these rights will be considered a waiver of these

rights, but that the victim or victim's representative may request these rights at

a later date; (b) 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 choose to opt out of the notices and rights available pursuant to the Ohio Constitution,

Chapter 2930. of the Revised Code, and any other provision of the Revised Code that

provides a victim with rights for future offenses by giving a written notification

form to the appropriate prosecutor or prosecutor's designee.  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 the applicable notices and rights and

may also state that the person is only interested in the applicable notices if restitution

is at issue.  The form shall be signed by the person or another person with management authority

of the business. (D) Unless a shorter notice period is reasonable under the circumstances, the court shall

provide the prosecutor or prosecutor's designee with oral or written notice of any

court proceeding not less than ten days prior to that court proceeding unless the

parties agree that a shorter notice period is reasonable under the circumstances. (E) On the request of the victim or victim's representative, the prosecutor or, if it

is a delinquency proceeding and a prosecutor is not involved in the case, the court

shall give the victim and the victim's representative, if applicable, notice of the

date, time, and place of any criminal or juvenile proceedings in the case and notice

of any changes in those proceedings or in the schedule in the case not less than seven

days prior to the criminal or juvenile proceedings in the case unless the parties

agree that a shorter notice period is reasonable under the circumstances. (F) A victim or victim's representative who requests notice under division (E) of this

section and who elects pursuant to division (B) of section 2930.03 of the Revised Code to receive any further notice from the prosecutor or, if it is a delinquency proceeding

and a prosecutor is not involved in the case, the court under this chapter shall keep

the prosecutor or the court informed of the victim's or victim's representative's

contact information. (G) A prosecutor, the prosecutor's designee, or a court that is required to notify a

victim or victim's representative of hearings, on request, shall attempt a notification

and keep a record of attempted notifications.  The record shall indicate the person who was to be the recipient of the notice,

the date on which the attempt was made, the manner in which the attempt was made,

and the person who made the attempt.  The notification shall be provided to the victim using the victim contact information

provided on the victims' rights request form or otherwise provided by the victim or

victim representative by any reasonable means, including regular mail, telephone,

or electronic mail. (H) The prosecutor shall review the victim's rights request form with the victim or victim's

representative and may obtain the victim's and victim's representative's, if applicable,

signatures if the form was not previously completed with law enforcement and shall

file this form with the court within seven days after initiation of a criminal prosecution.