Ohio Rev. Code » Chapter 2949
Ohio Revised Code

Ohio Rev. Code § 2949.092 (2026)

No waiver of specified additional court costs

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Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
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If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091, 2949.093, or 2949.094 of the Revised Code or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.
Notes of Decisions
Cited in 44 cases (5 in the last 5 years), 2001–2025 · leading case: State v. Joseph, 2010-Ohio-954, 926 N.E.2d 278.
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State v. Joseph, 2010-Ohio-954, 926 N.E.2d 278. · cites it 4× “23 in pari materia with R.C. 2949.092, which states that certain additional court costs associated with R.”
State v. White, 817 N.E.2d 393 (Ohio 2004). · cites it 2× “R.C. 2949.092 outlines those circumstances in which a court may waive costs for indigents.”
State v. Clevenger, 114 Ohio St. 3d 258 (2007). · cites it 2× “R.C. 2949.092 permits a trial court to waive the payment of costs imposed if the trial court finds the defendant to be indigent.”
State v. Babyak, 2020-Ohio-325. · cites it 2× “R.C. 2949.092. Thus, we review a trial court's decision denying a motion to waive costs for an abuse of discretion.”
State v. Sims, 2012-Ohio-238. · cites it 2× “Accordingly, Joseph requires that a trial court provide a defendant the statutory right to move for a waiver of costs based on indigency under R.C. 2949.092. Joseph, however, does not require the trial court to provide the defendant an opportunity to object to the repayment…”
State v. Welninski, 2018-Ohio-778, 108 N.E.3d 185. “R.C. 2949.092 ; State v. Joseph , 125 Ohio St.”
State v. Copeland, 2016-Ohio-7797. “R.C. 2949.092 does allow a court to waive mandatory costs if “the court determines that the offender is indigent.”
State v. Lux, 2012-Ohio-112. “An appellate court reviews the denial of a motion to waive payment of court costs under an abuse of discretion standard.”
State v. Dunson, 2016-Ohio-8365. “) R.C. 2949.092 provides that the court shall not waive any mandatory costs imposed in connection with a criminal conviction, “unless the court determines that the offender is indigent.”
State v. Phillips, 2017-Ohio-7107. “R.C. 2949.092; State v. Joseph, 125 Ohio St.”
State v. Johnson, 2017-Ohio-8206. “At a defendant’s request, the trial court has the discretion to waive payment of the costs described in R.”
State v. Lantz, 2019-Ohio-3307. “{¶ 20} And R.C. 2949.092 reiterates that these costs must be imposed.”
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