Ohio Code 2743.70 – Additional court costs and bail for reparations fund
(A)(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:
Terms Used In Ohio Code 2743.70
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Child: includes child by adoption. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- State: means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. See Ohio Code 2743.01
- Statute: A law passed by a legislature.
(a) Thirty dollars, if the offense is a felony;
(b) Nine dollars, if the offense is a misdemeanor.
The court shall not waive the payment of the thirty- or nine-dollar court cost. All such moneys shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.
(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:
(a) Thirty dollars, if the act, if committed by an adult, would be a felony;
(b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor.
The thirty- or nine-dollar court cost shall be collected in all cases. All such moneys collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund.
(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail pursuant to section 2937.011 or sections 2937.22 to 2937.46 of the Revised Code or Traffic Rule 4, the court shall add to the amount of the bail the thirty or nine dollars required to be paid by division (A)(1) of this section. The thirty or nine dollars shall be retained by the clerk of the court until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the thirty or nine dollars to the treasurer of state, who shall deposit it in the reparations fund. If the person is found not guilty or the charges are dismissed, the clerk shall return the thirty or nine dollars to the person.
(C) No person shall be placed or held in jail for failing to pay the additional thirty- or nine-dollar court cost or bail required to be paid by this section.
(D) As used in this section:
(1) “Moving violation” means any violation of any statute or ordinance, other than section 4513.263 of the Revised Code or an ordinance that is substantially equivalent to that section, that regulates the operation of vehicles, streetcars, or trackless trolleys on highways or streets or that regulates size or load limitations or fitness requirements of vehicles. “Moving violation” does not include the violation of any statute or ordinance that regulates pedestrians or the parking of vehicles.
(2) “Bail” means cash, a check, a money order, a credit card, or any other form of money that is posted by or for an offender pursuant to section 2937.011 or sections 2937.22 to 2937.46 of the Revised Code or Traffic Rule 4 to prevent the offender from being placed or held in a detention facility, as defined in section 2921.01 of the Revised Code.
Last updated July 18, 2023 at 12:30 PM