2004 004 Ordinance - Laserfiche WebLink

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12A General .Provisions and Penalty 501.99 501.12 PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT. (a) An officer, agent or employee of an organization as defined in Section 501.11 may be prosecuted for an offense committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any of the following apply: (1) In the name of the organization or in its. behalf, he engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility; (2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged. (b) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf.. (ORC 2901.24) 501.99 PENALTIES FOR MISDEMEANORS. (a) Financial Sanctions. In addition to imposing court costs pursuant to Ohio R.C. 2947.23, the court imposing a sentence upon an offender fora misdemeanor, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section. Financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following: (1) Restitution by the offender to the victim of the offender's crime or any survivor of the victim, in an amount based on the victim's economic loss. The court shall order that the restitution be made to the victim in open court or to the adult probation department that serves the jurisdiction or the clerk of the court on behalf of the victim. The order may include a requirement that reimbursement be made to third parties, other than the offender's insurer, for amounts paid to the victim or any survivor of the victim for economic loss resulting from the offense. If reimbursement to third parties is required, the offender shall make the reimbursement to any governmental agency to repay any amounts paid by the agency to the victim or survivor before the offender makes any reimbursement to any other person. The court shall determine, or order to be determined, the amount of restitution to be paid by the offender. The court may base the amount of restitution it.orders on an amount recommended by the victim, the offender, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and other information. The court shall hold a hearing on restitution if the offender, victim, or survivor disputes the amount of restitution. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or any survivor of the- victim against the offender. The court may order that the offender pay a surcharge, of not more than five per cent of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments. The .victim or survivor may request that the prosecuting attorney file a motion, or the offender may file a motiori, for modification of the payment terms of any restitution ordered. If the court grants the motion, it may modify the payment terms as it determines appropriate. 2003 Replacement