(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.
(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
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1995–2026 · leading case: State v. Graham (Slip Opinion), 2020 Ohio 6700 (Ohio 2020).
State v. Graham (Slip Opinion), 2020 Ohio 6700 (Ohio 2020). · cites it 2דSee R.C. 2930.13, 2930.14(A), and 2947.051; Article I, Section 10(a)(A)(3), Ohio Constitution.”
State v. McAlpin, 2022 Ohio 1567 (Ohio 2022). “at ¶ 113; see also id. at ¶ 136; Evid.R. 402 (evidence that is not relevant is not admissible).”
State v. White, 709 N.E.2d 140 (Ohio 1999). · cites it 2דSee former R.C. 2930.13, 2930.14, 2947.051, and 2929.”
State v. Fautenberry, 650 N.E.2d 878 (Ohio 1995). · cites it 2דTrue victim-impact evidence, pursuant to the terms of R.C. 2930.13, 2930.14 and 2947.051, shall be considered by the trial court prior to imposing sentence upon a defendant, not during the guilt phase of the proceedings.”
State v. Whitaker, 2022 Ohio 2840 (Ohio 2022). “, citing R.C. 2930.13, 2930.14(A), and 2947.051, and Article I, Section 10(a)(A)(3), Ohio Constitution.”
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). · cites it 3ד{¶ 9} In his second issue for review, appellant argues that R.C. 2930.13(B) and 2947.051(C), in combination with R.”
State v. Spears, 2023 Ohio 187 (Ohio Ct. App. 2023). · cites it 2דIf, pursuant to section 2930.13 of the Revised Code, the victim of the offense of which the defendant has been convicted wishes to make a statement regarding the impact of the offense for the officer's use in preparing the presentence investigation report, the officer shall…”
State v. Ward, 2011 Ohio 254 (Ohio Ct. App. 2011). · cites it 3ד2201 and R.C. 2930.13(C). We disagree. {¶41} Initially, we note that Ward cites to Booker, 543 U.”
State v. Condon, 789 N.E.2d 696 (Ohio Ct. App. 2003). “R.C. 2930.13(B). {¶ 118} As long as those persons who address the court do not express an opinion as to the sentence that should be imposed, the trial court may consider relevant statements regarding the impact of the offense on a victim’s family and friends.”
State v. White, 1999 Ohio 281 (Ohio 1999). · cites it 2דSee former R.C. 2930.13, 2930.14, 2947.051, and 2929.”
State v. Hufnagel, 2014 Ohio 1799 (Ohio Ct. App. 2014). · cites it 3ד{¶18} Appellant challenges a number of aspects of the victim-impact statement in this case and asks that he be resentenced.”
State v. Fautenberry, 1995 Ohio 209 (Ohio 1995). · cites it 2דTrue victim-impact evidence, pursuant to the terms of R.C. 2930.13, 2930.14 and 2947.051, shall be considered by the trial court prior to imposing sentence upon a defendant, not during the guilt phase of the proceedings.”
State v. Stewart, 775 N.E.2d 563 (Ohio Ct. App. 2002). “{¶ 9} In his second issue for review, appellant argues that R.C. 2930.13(B) and 2947.051(C), in combination with R.”
State v. Condon, 789 N.E.2d 696 (Ohio Ct. App. 2003). “R.C. 2930.13(B). {¶ 118} As long as those persons who address the court do not express an opinion as to the sentence that should be imposed, the trial court may consider relevant statements regarding the impact of the offense on a victim’s family and friends.”
State v. Hufnagel, 2014 Ohio 1799 (Ohio Ct. App. 2014). “{¶18} Appellant challenges a number of aspects of the victim-impact statement in this case and asks that he be resentenced.”
State v. Fautenberry, 1995 Ohio 209 (Ohio 1995). “True victim-impact evidence, pursuant to the terms of R.C. 2930.13, 2930.14 and 2947.051, shall be considered by the trial court prior to imposing sentence upon a defendant, not during the guilt phase of the proceedings.”
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