01-79 Supplement 501.99 Sentences for misdemeanors

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"-"-'-'-'--'-"'''',"- ...--- ciDINANCE NO. 1-79 BY: Brockman, Brown, C-hinnock, Magnottc McBride, Salmon, WendJ ing AN EMERGENCY ORDI~ANCE tD ~upplement Section 501.99 of the G~neral Offenses Code of the Codified Ordinances of the City of Lakewood by enacting new Subsections (c) and Cd) relating to penalties and imposing sentences for misdemeanors. WHEREAS, the Ohio Legislature reèently adopted Amended Substitute Senate Btll 119, which provides, among other things. that thewunicipal court may require a pers-on convicted or pleading guil_ty to a misdemeanor to make restitution and to take into account 'in ilJlP.osing ;imprisonment for misdemeanors that the victim of the òffense was sixty-five (65) years of ~ge or older or disabled. and WHEREAS, it is desirous that the Codified Ordinances of the City be in conformance with the State Code relating to the aforementioned matters. and WHEREAS, this ordinance constitutes an emergency measure providing for the imediate_preservativn of the public health. safety and welfare and 'for the u:s.ual daily oþer-atton of a municipal department; now. therefore, BE IT 01.IDAINED BY' THE- COlJNCIL OF THE CITY OF LAKEWOOD~ STATE OF ONIO: S~ction 1. That Sectivn 501.99 of the General Offenses Code of the Codified, Ordinances ·of the- City of Lakewood besuppleme-nted by enacting new Subsect,ions (c) and (d) to read as follows: 501.99 PENALTIES FOR MISDEMEANORS. (c) The court may require a person who is convicted of or pleads guilty to a ,misdemeanor to make restitution for all or paFt of the property damag~ that is çausedby -his offense and for all or part of th~ value of the property that is the subject. of any theft offense, as defined in Division -Ck) of Sec'tion 545.01o.:e:-"-i:his' 'Ccia:ë, that the person committed. If the court determines that the, victim of the offënse was sixty-five years of age. or older' or permanently oz totally disabled at the tïmeaf the commissîon of the offense. the c-ourt s,hall, -regardless of whe-ther or not the offender !<new the age. of victim. consider this fact in favor of imposing restituion. but this fact shall no:t c-ontrol -the decision of the court. (d) The fOllowing do not control the court's discretion. but shall be considered in favor of imposing i~prisonment for misdemeanor: (1) The offend~r ~s a repeat or dangerous offender; (2) Regardless of whether or not the offender knew the ~ge of the victim. the Victim o,f the offense was sixty- five years of age or _older or permanently and to'tally disabled at th€ time of the commission of the offense. Section 2. Thât this ordinance is hereby declared to be an emergency .measure for the reasons stated ip the preamble hereof an1 provided it receives the affirmative vote of two-thirds of all members elected t~ Council, it shall take effect and be in_force iwnediately Upon its adoption and apptov9l by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law,. Adopted: fj;¿/79 I / / Approved: f/ ~/ 7,9