Ohio Rev. Code » Chapter 309
Ohio Revised Code

Ohio Rev. Code § 309.08 (2026)

Powers and duties of prosecuting attorney - rewards for information as to drug-related offenses

✓ current as of May 2026
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Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
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(A) The prosecuting attorney may inquire into the commission of crimes within the county. The prosecuting attorney shall prosecute, on behalf of the state, all complaints, suits, and controversies in which the state is a party, except for those required to be prosecuted by a special prosecutor pursuant to section 177.03 of the Revised Code or by the attorney general pursuant to section 109.83 of the Revised Code, and other suits, matters, and controversies that the prosecuting attorney is required to prosecute within or outside the county, in the probate court, court of common pleas, and court of appeals. In conjunction with the attorney general, the prosecuting attorney shall prosecute in the supreme court cases arising in the prosecuting attorney's county, except for those cases required to be prosecuted by a special prosecutor pursuant to section 177.03 of the Revised Code or by the attorney general pursuant to section 109.83 of the Revised Code.

In every case of conviction, the prosecuting attorney forthwith shall cause execution to be issued for the fine and costs, or costs only, as the case may be, and faithfully shall urge the collection until it is effected or found to be impracticable to collect. The prosecuting attorney forthwith shall pay to the county treasurer all moneys belonging to the state or county which come into the prosecuting attorney's possession.

The prosecuting attorney or an assistant prosecuting attorney of a county may participate, as a member of the investigatory staff of an organized crime task force established under section 177.02 of the Revised Code that has jurisdiction in that county, in an investigation of organized criminal activity under sections 177.01 to 177.03 of the Revised Code.

(B) The prosecuting attorney may pay a reward to a person who has volunteered any tip or information to a law enforcement agency in the county concerning a drug-related offense that is planned to occur, is occurring, or has occurred, in whole or in part, in the county. The prosecuting attorney may provide for the payment, out of the following sources, of rewards to a person who has volunteered tips and information to a law enforcement agency in the county concerning a drug-related offense that is planned to occur, is occurring, or has occurred, in whole or in part, in the county:

(1) The law enforcement trust fund established by the prosecuting attorney pursuant to division (C)(1) of section 2981.13 of the Revised Code;

(2) The portion of any mandatory fines imposed pursuant to divisions (B)(1) and (2) of section 2929.18 or Chapter 2925. of the Revised Code that is paid to the prosecuting attorney pursuant to that division or chapter, the portion of any additional fines imposed under division (A) of section 2929.18 of the Revised Code that is paid to the prosecuting attorney pursuant to that division, or the portion of any fines imposed pursuant to division (A) of section 2925.42 of the Revised Code that is paid to the prosecuting attorney pursuant to division (B) of that section;

(3) The furtherance of justice fund allowed to the prosecuting attorney under section 325.12 of the Revised Code or any additional funds allowed to the prosecuting attorney under section 325.13 of the Revised Code;

(4) Any other moneys lawfully in the possession or control of the prosecuting attorney.

(C) As used in division (B) of this section, "drug-related offense" means any violation of Chapter 2925. or 3719. of the Revised Code or any violation of a municipal ordinance that is substantially equivalent to any section in either of those chapters.
Notes of Decisions
Cited in 41 cases (14 in the last 5 years), 1977–2025 · leading case: State v. Heinz (Slip Opinion), 2016 Ohio 2814 (Ohio 2016).
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State v. Heinz (Slip Opinion), 2016 Ohio 2814 (Ohio 2016). · cites it 6× “*376 {¶ 7} The court of appeals granted the state leave to appeal but affirmed the judgment of the trial court, explaining that “because a community control revocation hearing is not clothed in the formal trappings of a criminal prosecution, * * * the state’s role as…”
State v. Smith (Slip Opinion), 2022 Ohio 274 (Ohio 2022). · cites it 3× “” R.C. 309.08(A). And considering the broad powers granted to grand juries, any determination made by juvenile-court judges as to probable cause has no role in a grand jury’s decision-making process.”
State v. White, 103 Ohio St. 3d 580 (Ohio 2004). ““Upon certification by the prosecuting attorney, the clerk shall attempt to collect the costs from the person convicted.” R.C. 2929.”
State v. Montgomery, 2022 Ohio 2211 (Ohio 2022). “It is therefore incongruous that a victim could be designated as the representative for the state during the prosecution of the defendant.”
State v. Walker, 2014 Ohio 4841 (Ohio Ct. App. 2014). · cites it 2× “Walker argued that R.C. 309.08(A), which provides that a prosecutor is required to “faithfully urge the collection (of fines and costs) until it is effected or found to be impracticable to collect,” required the prosecutor to urge the court to set up a payment plan.”
State v. Billingsley, 2012 Ohio 4307 (Ohio 2012). · cites it 2× “{¶ 36} We find Barnett to be persuasive, and we adopt its reasoning.”
State v. Weeks, 2021 Ohio 3735 (Ohio Ct. App. 2021). · cites it 3× “) The Heinz Court explained that the prosecuting attorney “has an interest in ensuring that a proper sentence is imposed to punish and rehabilitate the offender while protecting the public[.”
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). · cites it 2× “Slaby’s duties as a County Prosecutor in Summit County, the county in which Akron lies, are defined by Ohio Rev.Code Ann. § 309.08 (Page 1979): The prosecuting attorney may inquire into the commission of crimes within the county and shall prosecute, on behalf of the state, all…”
State v. Barnett, 707 N.E.2d 564 (Ohio Ct. App. 1998). · cites it 2× “In support of his argument, Barnett relies largely upon R.C. 309.08, which provides that “the prosecuting attorney shall prosecute, on behalf of the state, all complaints, suits, and controversies in which the state is a party * * *.”
State v. Buckeye Elec. Co., 466 N.E.2d 894 (Ohio 1984). · cites it 3× “R.C. 309.08, which empowers the prosecuting attorney to bring criminal actions, provides in part: “The prosecuting attorney may inquire into the commission of crimes within the county and shall prosecute, on behalf of the state, all complaints, suits, and controversies in which…”
State v. Fisk, 2022 Ohio 4435 (Ohio 2022). “Marsy’s Law gives victims the ability to assert their rights on their own or through “the attorney for the government upon request of the victim” or “the victim’s other lawful representative,” and to “petition the court of appeals,” either on their own or through their “lawful…”
State v. Padilla, 2012 Ohio 5892 (Ohio Ct. App. 2012). “R.C. 309.08. {¶36} As the majority notes, this indictment involved 35 individuals covering 258 counts.”
Show all 41 citing cases →
— Ohio Rev. Code § 309.08(A) — 21 cases
State v. Heinz (Slip Opinion), 2016 Ohio 2814 (Ohio 2016). “*376 {¶ 7} The court of appeals granted the state leave to appeal but affirmed the judgment of the trial court, explaining that “because a community control revocation hearing is not clothed in the formal trappings of a criminal prosecution, * * * the state’s role as…”
State v. Smith (Slip Opinion), 2022 Ohio 274 (Ohio 2022). “” R.C. 309.08(A). And considering the broad powers granted to grand juries, any determination made by juvenile-court judges as to probable cause has no role in a grand jury’s decision-making process.”
State v. White, 103 Ohio St. 3d 580 (Ohio 2004). ““Upon certification by the prosecuting attorney, the clerk shall attempt to collect the costs from the person convicted.” R.C. 2929.”
State v. Montgomery, 2022 Ohio 2211 (Ohio 2022). “It is therefore incongruous that a victim could be designated as the representative for the state during the prosecution of the defendant.”
State v. Walker, 2014 Ohio 4841 (Ohio Ct. App. 2014). “Walker argued that R.C. 309.08(A), which provides that a prosecutor is required to “faithfully urge the collection (of fines and costs) until it is effected or found to be impracticable to collect,” required the prosecutor to urge the court to set up a payment plan.”
— Ohio Rev. Code § 309.08(B) — 1 case
State ex rel. McGinn v. Walker (Slip Opinion), 2017 Ohio 7714 (Ohio 2017).
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