As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                              H. B. No. 302      5            

      1997-1998                                                    6            


 REPRESENTATIVES MYERS-TIBERI-BOYD-BATEMAN-FORD-PADGETT-SCHULER-   8            

HAINES-O'BRIEN-THOMAS-ROMAN-BRADING-CATES-CORBIN-PRINGLE-MOTTLEY-  9            

                   VESPER-NETZLEY-TERWILLEGER                      10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 737.11, 1901.18, 1901.19, 1907.18,  14           

                2903.213, 2919.27, 2919.271, and 2937.23 and to    15           

                enact section 2903.214 of the Revised Code to      16           

                authorize the issuance of  a civil protection      17           

                order to protect a person who has been a victim    18           

                of menacing by stalking and to maintain the        19           

                provisions of this act on and after July  1,       20           

                1997, by amending the version of section 1901.19   21           

                of the Revised Code that  takes effect on that     22           

                date.                                              23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 737.11, 1901.18, 1901.19,          27           

1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and   29           

section 2903.214 of the Revised Code be enacted to read as                      

follows:                                                                        

      Sec. 737.11.  The police force of a municipal corporation    38           

shall preserve the peace, protect persons and property, and obey   39           

and enforce all ordinances of the legislative authority of the     40           

municipal corporation, all criminal laws of the state and the      41           

United States, all court orders issued and consent agreements      42           

approved pursuant to sections 2919.26 and 3113.31 of the Revised   43           

Code, and all anti-stalking protection orders issued pursuant to   44           

section 2903.213 OR 2903.214 of the Revised Code.  The fire        45           

department shall protect the lives and property of the people in   46           

                                                          2      

                                                                 
case of fire.  Both the police and fire departments shall perform  47           

any other duties that are provided by ordinance.  The police and   48           

fire departments in every city shall be maintained under the       49           

civil service system.                                              50           

      A chief or officer of a police force of a municipal          52           

corporation may participate, as the director of an organized       53           

crime task force established under section 177.02 of the Revised   54           

Code or as a member of the investigatory staff of such a task      55           

force, in an investigation of organized criminal activity in any   56           

county or counties in this state under sections 177.01 to 177.03   57           

of the Revised Code.                                               58           

      Sec. 1901.18.  (A)  Except as otherwise provided in this     67           

division or section 1901.181 of the Revised Code, subject to the   68           

monetary jurisdiction of municipal courts as set forth in section  69           

1901.17 of the Revised Code, a municipal court has original        70           

jurisdiction within its territory in all of the following actions  71           

or proceedings and to perform all of the following functions:      72           

      (1)  In any civil action, of whatever nature or remedy, of   74           

which judges of county courts have jurisdiction;                   75           

      (2)  In any action or proceeding at law for the recovery of  77           

money or personal property of which the court of common pleas has  78           

jurisdiction;                                                      79           

      (3)  In any action at law based on contract, to determine,   81           

preserve, and enforce all legal and equitable rights involved in   82           

the contract, to decree an accounting, reformation, or             83           

cancellation of the contract, and to hear and determine all legal  84           

and equitable remedies necessary or proper for a complete          85           

determination of the rights of the parties to the contract;        86           

      (4)  In any action or proceeding for the sale of personal    88           

property under chattel mortgage, lien, encumbrance, or other       89           

charge, for the foreclosure and marshalling of liens on personal   91           

property of that nature, and for the rendering of personal                      

judgment in the action or proceeding;                              93           

      (5)  In any action or proceeding to enforce the collection   95           

                                                          3      

                                                                 
of its own judgments or the judgments rendered by any court        96           

within the territory to which the municipal court has succeeded,   97           

and to subject the interest of a judgment debtor in personal       98           

property to satisfy judgments enforceable by the municipal court;  99           

      (6)  In any action or proceeding in the nature of            101          

interpleader;                                                      102          

      (7)  In any action of replevin;                              104          

      (8)  In any action of forcible entry and detainer;           106          

      (9)  In any action concerning the issuance and enforcement   108          

of temporary protection orders pursuant to section 2919.26 of the  109          

Revised Code or anti-stalking protection orders pursuant to        110          

section 2903.213 of the Revised Code;                              111          

      (10)  If the municipal court has a housing or environmental  113          

division, in any action over which the division is given           114          

jurisdiction by section 1901.181 of the Revised Code, provided     115          

that, except as specified in division (C) of that section, no      116          

judge of the court other than the judge of the division shall      117          

hear or determine any action over which the division has           118          

jurisdiction;                                                      119          

      (11)  In any action brought pursuant to division (I) of      121          

section 3733.11 of the Revised Code, if the residential premises   122          

that are the subject of the action are located within the          123          

territorial jurisdiction of the court;                             124          

      (12)  In any civil action as described in division (B)(1)    126          

of section 3767.41 of the Revised Code that relates to a public    127          

nuisance, and, to the extent any provision of this chapter         128          

conflicts or is inconsistent with a provision of that section,     129          

the provision of that section shall control in the civil action.   130          

      (B)  The Cleveland municipal court also shall have           133          

jurisdiction within its territory in all of the following actions  134          

or proceedings and to perform all of the following functions:      135          

      (1)  In all actions and proceedings for the sale of real     137          

property under lien of a judgment of the municipal court or a      138          

lien for machinery, material, or fuel furnished or labor           139          

                                                          4      

                                                                 
performed, irrespective of amount, and, in those actions and       141          

proceedings, the court may proceed to foreclose and marshal all    143          

liens and all vested or contingent rights, to appoint a receiver,  144          

and to render personal judgment irrespective of amount in favor    145          

of any party.                                                                   

      (2)  In all actions for the foreclosure of a mortgage on     147          

real property given to secure the payment of money or the          148          

enforcement of a specific lien for money or other encumbrance or   149          

charge on real property, when the amount claimed by the plaintiff  150          

does not exceed fifteen thousand dollars and the real property is  152          

situated within the territory, and, in those actions, the court    153          

may proceed to foreclose all liens and all vested and contingent   154          

rights and may proceed to render judgments and make findings and   157          

orders between the parties in the same manner and to the same      158          

extent as in similar actions in the court of common pleas.         160          

      (3)  In all actions for the recovery of real property        162          

situated within the territory to the same extent as courts of      163          

common pleas have jurisdiction;                                    164          

      (4)  In all actions for injunction to prevent or terminate   166          

violations of the ordinances and regulations of the city of        167          

Cleveland enacted or promulgated under the police power of the     168          

city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio    169          

Constitution, over which the court of common pleas has or may      170          

have jurisdiction, and, in those actions, the court may proceed    172          

to render judgments and make findings and orders in the same       175          

manner and to the same extent as in similar actions in the court   177          

of common pleas.                                                                

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  186          

municipal courts as set forth in section 1901.17 of the Revised    187          

Code, a municipal court and a housing or environmental division    188          

of a municipal court have jurisdiction within its territory in     189          

all of the following actions or proceedings and to perform all of  190          

the following functions:                                           191          

      (1)  To compel attendance of witnesses in any pending        193          

                                                          5      

                                                                 
action or proceeding in the same manner as the court of common     194          

pleas;                                                             195          

      (2)  To issue executions on its own judgments;               197          

      (3)  In any legal or equitable action or proceeding, to      199          

enforce the collection of its own judgments;                       200          

      (4)  In any civil action or proceeding at law in which the   202          

subject matter of the action or proceeding is located within the   203          

territory or when the defendant or any of the defendants resides   204          

or is served with summons within the territory;                    205          

      (5)  To issue and enforce any order of attachment;           207          

      (6)  In any action or proceeding in the nature of            209          

creditors' bills, and in aid of execution, to subject the          210          

interest of a judgment debtor in personal property to the payment  211          

of a judgment of the court;                                        212          

      (7)  To issue and enforce temporary protection orders        214          

pursuant to section 2919.26 of the Revised Code and anti-stalking  215          

protection orders pursuant to section 2903.213 of the Revised      216          

Code.                                                              217          

      (B)  Subject to the limitation set forth in this division,   219          

a municipal court or a housing or environmental division of a      220          

municipal court has jurisdiction outside its territory in a        221          

proceeding in aid of execution to subject to the payment of the    222          

judgment the interest in personal property of a judgment debtor    223          

under a judgment rendered by the court or division.  The           224          

jurisdiction provided in this division includes the county or      225          

counties in which the territory of the court or division in        226          

question is situated and any county that is contiguous to that in  227          

which the court or division is located.  A court or division that  228          

has jurisdiction under this division outside its territory in a    229          

proceeding in aid of execution has the same powers, duties, and    230          

functions relative to the proceeding that it has relative to       231          

proceedings in aid of execution over which it has jurisdiction     232          

other than under this division.                                    233          

      (C)(1)  In any action for garnishment of personal earnings   235          

                                                          6      

                                                                 
brought in a municipal court, the court has jurisdiction to serve  236          

process pursuant to section 2716.05 of the Revised Code upon a     237          

garnishee who resides in a county contiguous to that in which the  238          

court is located.                                                  239          

      (2)  In any action for garnishment of property, other than   241          

personal earnings, brought in a municipal court under section      242          

2716.11 of the Revised Code, the court has jurisdiction to serve   243          

process pursuant to section 2716.13 of the Revised Code upon a     244          

garnishee who resides in a county contiguous to that in which the  245          

court is located.                                                  246          

      (3)  Whenever a motion for attachment is filed in a          248          

municipal court under section 2715.03 of the Revised Code, the     249          

court has jurisdiction to serve process pursuant to section        250          

2715.091 of the Revised Code upon a garnishee who resides in a     251          

county contiguous to that in which the court is located.           252          

      (D)  The municipal court of Cleveland also has jurisdiction  254          

in all actions and proceedings in the nature of creditors' bills,  255          

and in aid of execution to subject the interests of a judgment     256          

debtor in real or personal property to the payment of a judgment   257          

of the court.  In such actions and proceedings, the court may      258          

proceed to marshal and foreclose all liens on the property         259          

irrespective of the amount of the lien, and all vested or          260          

contingent rights in the property.                                 261          

      Sec. 1907.18.  (A)  County court judges, within and          270          

coextensive with their respective counties, have jurisdiction and  271          

authority to:                                                      272          

      (1)  Administer an oath authorized or required by law to be  274          

administered;                                                      275          

      (2)  Take acknowledgments of instruments of writing;         277          

      (3)  Issue subpoenas to compel the attendance of witnesses   279          

to give evidence in causes or matters pending before the judges,   280          

or for the purpose of taking depositions or perpetuating           281          

testimony;                                                         282          

      (4)  Proceed against sheriffs, deputy sheriffs, and          284          

                                                          7      

                                                                 
constables failing to make return, making false return, or         285          

failing to pay over money collected on execution issued by the     286          

judges;                                                            287          

      (5)  Try actions against other county court judges for       289          

refusing or neglecting to pay over moneys collected in their       290          

official capacity when the amount claimed does not exceed five     291          

hundred dollars.  This division does not deny or impair any        292          

remedy provided by law in such a case by suit on the official      293          

bond of such a county court judge, or by amercement or otherwise,  294          

for neglect or failure to pay over money so collected.             295          

      (6)  Hear actions concerning the issuance and enforcement    297          

of, issue, and enforce temporary protection orders pursuant to     298          

section 2919.26 of the Revised Code and anti-stalking protection   299          

orders pursuant to section 2903.213 of the Revised Code.           300          

      (B)  County court judges may punish contempts, and exercise  302          

powers necessary to give effect to the jurisdiction of the court   303          

and to enforce its judgments, orders, and decrees, as provided in  304          

this chapter or, in the absence of a provision in this chapter,    305          

in a manner authorized by the Revised Code or common law for the   306          

judges of the courts of common pleas.                              307          

      (C)  County court judges have jurisdiction and authority to  309          

perform marriage ceremonies anywhere in the state.                 310          

      Sec. 2903.213.  (A)  Except when the complaint involves a    319          

person who is a family or household member as defined in section   320          

2919.25 of the Revised Code, upon the filing of a complaint that   321          

alleges a violation of section 2903.21, 2903.211, 2903.22, or      322          

2911.211 of the Revised Code, the complainant may file a motion    323          

that requests the issuance of an anti-stalking A protection order  325          

as a pretrial condition of release of the alleged offender, in     326          

addition to any bail set under Criminal Rule 46.  The motion       327          

shall be filed with the clerk of the court that has jurisdiction   328          

of the case at any time after the filing of the complaint.  If     329          

the complaint involves a person who is a family or household       330          

member, the complainant may file a motion for a temporary          331          

                                                          8      

                                                                 
protection order pursuant to section 2919.26 of the Revised Code.  332          

      (B)  A motion for an anti-stalking A protection order UNDER  334          

THIS SECTION shall be prepared on a form that is provided by the   336          

clerk of the court, which AND THE form shall be substantially as   337          

follows:                                                                        

           "Motion for Anti-stalking Protection Order              338          

                     ................. Court                       339          

                    Name and address of court                      340          

State of Ohio                                                      342          

      v.                                         No. .......       343          

.....................................                              344          

Name of Defendant                                                  345          

(Name of person), the complainant in the above-captioned case,     347          

moves the court to issue an anti-stalking A protection order       348          

containing terms designed to ensure the safety and protection of   349          

the complainant in relation to the named defendant, pursuant to    350          

its authority to issue such an A PROTECTION order under section    351          

2903.213 of the Revised Code.                                      353          

      A complaint, a copy of which has been attached to this       355          

motion, has been filed in this court charging the named defendant  356          

with a violation of section 2903.21, 2903.211, 2903.22, or         357          

2911.211 of the Revised Code.                                      358          

      I understand that I must appear before the court, at a time  360          

set by the court not later than the next day that the court is in  361          

session after the filing of this motion, for a hearing on the      362          

motion, and that any anti-stalking protection order granted        363          

pursuant to this motion is a pretrial condition of release and is  364          

effective only until the disposition of the criminal proceeding    365          

arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER  366          

SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER         367          

ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS    369          

OF THE ATTACHED COMPLAINT.                                                      

.....................................                              371          

Signature of complainant                                           373          

                                                          9      

                                                                 
.....................................                              375          

Address of complainant"                                            377          

      (C)  As soon as possible after the filing of a motion that   379          

requests the issuance of an anti-stalking A protection order       380          

UNDER THIS SECTION, but not later than the next day that the       382          

court is in session after the filing of the motion, the court      383          

shall conduct a hearing to determine whether to issue the order.   384          

The complainant shall appear before the court and provide the      385          

court with the information that it requests concerning the basis   386          

of the motion. If the court finds that the safety and protection   387          

of the complainant may be impaired by the continued presence of    388          

the alleged offender, the court may issue an anti-stalking A       389          

protection order UNDER THIS SECTION, as a pretrial condition of    391          

release, that contains terms designed to ensure the safety and     393          

protection of the complainant, including a requirement that the    394          

alleged offender refrain from entering the residence, school,      395          

business, or place of employment of the complainant.               396          

      (D)(1)  Except when the complaint involves a person who is   398          

a family or household member as defined in section 2919.25 of the  399          

Revised Code, upon the filing of a complaint that alleges a        400          

violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of    401          

the Revised Code, the court, upon its own motion, may issue an     402          

anti-stalking A protection order UNDER THIS SECTION as a pretrial  404          

condition of release of the alleged offender if it finds that the  405          

safety and protection of the complainant may be impaired by the    406          

continued presence of the alleged offender.                        407          

      (2)  If the court issues an anti-stalking A protection       409          

order under this section as an ex parte order, it shall conduct,   410          

as soon as possible after the issuance of the order but not later  411          

than the next day THAT the court is in session after its           412          

issuance, a hearing to determine whether the order should remain   413          

in effect, be modified, or be revoked.  The hearing shall be       414          

conducted under the standards set forth in division (C) of this    415          

section.                                                                        

                                                          10     

                                                                 
      (E)  An anti-stalking A protection order that is issued as   417          

a pretrial condition of release under this section:                418          

      (1)  Is in addition to, but shall not be construed as a      420          

part of, any bail set under Criminal Rule 46;                      421          

      (2)  Is effective only until the disposition of the          423          

criminal proceeding arising out of the complaint upon which it is  424          

based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF THE REVISED  425          

CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME ACTIVITIES AS   426          

THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED UNDER THIS        427          

SECTION;                                                                        

      (3)  Shall not be construed as a finding that the alleged    429          

offender committed the alleged offense, and shall not be           430          

introduced as evidence of the commission of the offense at the     431          

trial of the alleged offender on the complaint upon which the      432          

order is based.                                                    433          

      (F)  A person who meets the criteria for bail under          435          

Criminal Rule 46 and who, if required to do so pursuant to that    436          

rule, executes or posts bond or deposits cash or securities as     437          

bail, shall not be held in custody pending a hearing before the    438          

court on a motion requesting an anti-stalking A protection order   439          

UNDER THIS SECTION.                                                440          

      (G)(1)  A copy of any anti-stalking A protection order that  442          

is issued under this section shall be issued by the court to the   443          

complainant, to the defendant, and to all law enforcement          444          

agencies that have jurisdiction to enforce the order.  The court   445          

shall direct that a copy of the order be delivered to the          446          

defendant on the same day that the order is entered.               447          

      (2)  All law enforcement agencies shall establish and        449          

maintain an index for the anti-stalking protection orders          450          

delivered to the agencies pursuant to division (G)(1) of this      451          

section.  With respect to each order delivered, each agency shall  452          

note on the index, the date and time of the AGENCY'S receipt of    453          

the order by the agency.                                           454          

      (3)  Any REGARDLESS OF WHETHER THE PETITIONER HAS            456          

                                                          11     

                                                                 
REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE         457          

OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law            458          

enforcement agency shall enforce an anti-stalking A protection     459          

order ISSUED PURSUANT TO THIS SECTION in accordance with the       460          

provisions of the order.                                           461          

      (H)  Upon a violation of an anti-stalking A protection       463          

order ISSUED PURSUANT TO THIS SECTION, the court may issue         465          

another anti-stalking protection order UNDER THIS SECTION, as a    466          

pretrial condition of release, that modifies the terms of the      467          

order that was violated.                                           468          

      (I)  Notwithstanding any provision of law to the contrary,   470          

no court shall charge a fee for the filing of a motion pursuant    471          

to this section.                                                   472          

      Sec. 2903.214.  (A)  AS USED IN THIS SECTION:                474          

      (1)  "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY   476          

IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER        477          

RESIDES.                                                                        

      (2)  "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT   479          

AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS        481          

SECTION.                                                                        

      (B)  THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER   483          

THIS SECTION.                                                      484          

      (C)  A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE     487          

PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF    488          

UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD      489          

MEMBER, BY FILING A PETITION WITH THE COURT.  THE PETITION SHALL   490          

CONTAIN OR STATE BOTH OF THE FOLLOWING:                            491          

      (1)  AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A          493          

VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE      494          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A        495          

DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION;             496          

      (2)  A REQUEST FOR RELIEF UNDER THIS SECTION.                498          

      (D)  IF A PERSON WHO FILES A PETITION PURSUANT TO THIS       500          

SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX     501          

                                                          12     

                                                                 
PARTE HEARING ON THE SAME DAY THAT THE PETITION IS FILED.  THE     502          

COURT, FOR GOOD CAUSE SHOWN AT THE EX PARTE HEARING, MAY ENTER     503          

ANY TEMPORARY ORDERS, WITH OR WITHOUT BOND, THAT THE COURT FINDS   504          

NECESSARY FOR THE SAFETY AND PROTECTION OF THE PERSON TO BE        505          

PROTECTED BY THE ORDER.  IMMEDIATE AND PRESENT DANGER TO THE       506          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER CONSTITUTES GOOD    507          

CAUSE FOR PURPOSES OF THIS SECTION.  IMMEDIATE AND PRESENT DANGER  508          

INCLUDES, BUT IS NOT LIMITED TO, SITUATIONS IN WHICH THE           509          

RESPONDENT HAS THREATENED THE PERSON TO BE PROTECTED BY THE        510          

PROTECTION ORDER WITH BODILY HARM OR IN WHICH THE RESPONDENT HAS                

PREVIOUSLY ENGAGED IN A VIOLATION OF SECTION 2903.211 OF THE       512          

REVISED CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION               

ORDER.                                                                          

      IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A            514          

PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE    515          

COURT SHALL SCHEDULE A FULL HEARING THAT SHALL BE HELD WITHIN TEN  516          

DAYS AFTER THE EX PARTE HEARING.  THE RESPONDENT SHALL BE GIVEN    517          

NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL HEARING.    518          

      IF A PERSON WHO FILES A PETITION PURSUANT TO THIS SECTION    520          

DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON REQUESTS AN EX  521          

PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX PARTE ORDER AFTER   522          

AN EX PARTE HEARING, THE COURT SHALL PROCEED AS IN A NORMAL CIVIL  523          

ACTION AND GRANT A FULL HEARING ON THE MATTER.                     524          

      (E)(1)  AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY     526          

ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS    528          

TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON                

TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT        529          

LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM         531          

ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT   532          

OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER.                   533          

      (2)(a)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS         535          

SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN     537          

TWO YEARS FROM THE DATE OF ITS ISSUANCE.                                        

      (b)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION    539          

                                                          13     

                                                                 
MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS        541          

ISSUED.                                                                         

      (3)  A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES  543          

A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT  544          

MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER      546          

DIVISION (E) OF THIS SECTION UNLESS ALL OF THE FOLLOWING APPLY:    547          

      (a)  THE RESPONDENT FILES A SEPARATE PETITION FOR A          549          

PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION.                  551          

      (b)  THE PETITIONER IS SERVED WITH NOTICE OF THE             553          

RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT  556          

HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE  557          

PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE.                558          

      (c)  IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER       560          

PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT       561          

DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME        562          

SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING     563          

WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT.            564          

      (d)  AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS   566          

EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE  567          

PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT       568          

EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED   569          

A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE    570          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO  571          

THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT    573          

TO SECTION 2903.213 OF THE REVISED CODE RELATIVE TO THE PERSON TO               

BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS       574          

SECTION.                                                                        

      (4)  NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION     576          

SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY.             577          

      (F)(1)  THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY  579          

PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE          582          

PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT          583          

AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER.  THE COURT   584          

SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE          585          

                                                          14     

                                                                 
RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED.              586          

      (2)  ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND        588          

MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE       589          

AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION.  WITH        591          

RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE     592          

INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER.                593          

      (3)  REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED     595          

THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY   597          

HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY     598          

OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION     599          

ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE   601          

IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING                       

REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE.         602          

      (G)  ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED    604          

IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A     606          

PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR        607          

WITHOUT BOND. THE REMEDIES AND PROCEDURES PROVIDED IN THIS         608          

SECTION ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER          609          

AVAILABLE CIVIL OR CRIMINAL REMEDIES.                              610          

      (H)  THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT   612          

EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE        613          

REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER   615          

LAW.                                                                            

      (I)  ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN         617          

ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL    618          

PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD      619          

MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS    620          

SECTION AND SECTION 2903.213 OF THE REVISED CODE.                  621          

      (J)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,   623          

NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT  624          

TO THIS SECTION.                                                   625          

      (K)(1)  A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED      627          

UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS:          628          

      (a)  CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION         630          

                                                          15     

                                                                 
2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION    631          

ORDER CONSTITUTES A VIOLATION OF THAT SECTION;                     632          

      (b)  PUNISHMENT FOR CONTEMPT OF COURT.                       634          

      (2)  THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR    636          

VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES     637          

NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF      639          

SECTION 2919.27 OF THE REVISED CODE.  HOWEVER, A PERSON PUNISHED   640          

FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT     641          

IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A      642          

PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT          643          

SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE  644          

SAME ACTIVITY.                                                                  

      (L)  IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A     646          

PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE.                648          

      (M)(1)  A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    650          

THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE   651          

REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF     652          

THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY     653          

COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY       654          

REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION    656          

(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER                

WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE    657          

WITH THAT DIVISION.                                                             

      (2)  A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED     660          

PURSUANT TO THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE                

IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE COURT THAT ISSUED   662          

THE ORDER IS LOCATED IN THE FOLLOWING MANNER:                                   

      (a)  THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE     664          

ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND        665          

PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON    666          

PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE     667          

COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.                                  

      (b)  UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR      669          

REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL    670          

                                                          16     

                                                                 
COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION  672          

ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT      673          

BEARS THAT PROOF OF REGISTRATION.                                               

      (3)  THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL      676          

COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED      677          

COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN     680          

OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF                  

THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK.     682          

      (4)  IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    684          

THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO     686          

REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH    687          

THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS  688          

SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING  689          

APPLY:                                                                          

      (a)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT     691          

THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS    693          

INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE                   

REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF     694          

THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF    695          

THIS SECTION.                                                      696          

      (b)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF  698          

COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN  699          

THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY     700          

PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY     701          

FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR             702          

REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN         703          

ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE        704          

PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF                          

REGISTRATION.                                                      705          

      Sec. 2919.27.  (A)  No person shall recklessly violate any   715          

terms of a protection order issued or consent agreement approved   716          

pursuant to section 2919.26 or 3113.31 of the Revised Code or the  718          

terms of an anti-stalking A protection order issued pursuant to    719          

section 2903.213 OR 2903.214 of the Revised Code.                  720          

                                                          17     

                                                                 
      (B)  Whoever violates this section is guilty of violating a  722          

protection order or consent agreement or anti-stalking protection  724          

order.                                                                          

      (1)  If the offense involves a violation of a protection     727          

order ISSUED or consent agreement APPROVED PURSUANT TO SECTION     728          

2919.26 OR 3113.31 OF THE REVISED CODE, one of the following                    

applies:                                                           729          

      (a)  Except as otherwise provided in division (B)(1)(b) of   732          

this section, violating a protection order or consent agreement    733          

or anti-stalking protection order is a misdemeanor of the first    734          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     737          

pleaded guilty to two or more violations of section 2903.211 or    738          

2911.211 of the Revised Code that involve the same person who is                

the subject of the protection order or consent agreement or        739          

previously has been convicted of or pleaded guilty to one or more  741          

violations of this section, violating a protection order or        742          

consent agreement or anti-stalking protection order is a felony    743          

of the fifth degree.                                                            

      (2)  If the offense involves a violation of an               745          

anti-stalking A protection order ISSUED PURSUANT TO SECTION        746          

2903.213 OR 2903.214 OF THE REVISED CODE, one of the following     747          

applies:                                                                        

      (a)  Except as otherwise provided in division (B)(2)(b) of   750          

this section, violating a protection order or consent agreement    751          

or anti-stalking protection order is a misdemeanor of the first    752          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     754          

pleaded guilty to two or more violations of this section           755          

involving an anti-stalking A protection order ISSUED PURSUANT TO   757          

SECTION 2903.213 OR 2903.214 OF THE REVISED CODE, two or more      758          

violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of   759          

the Revised Code that involve the same person who is the subject   760          

of the anti-stalking protection order, or two or more violations   761          

                                                          18     

                                                                 
of section 2903.214 of the Revised Code as it existed prior to     762          

the effective date of this amendment JULY 1, 1996, violating a     764          

protection order or consent agreement or anti-stalking protection  765          

order is a felony of the fifth degree.                                          

      Sec. 2919.271.  (A)(1)  If a defendant is charged with a     774          

violation of section 2919.27 of the Revised Code or of a           775          

municipal ordinance that is substantially similar to that          776          

section, the court may order an evaluation of the mental           777          

condition of the defendant if the court determines that either of  778          

the following criteria apply:                                      779          

      (a)  If the alleged violation is a violation of a            781          

protection order issued or consent agreement approved pursuant to  782          

section 2919.26 or 3113.31 of the Revised Code, that the           783          

violation of the protection order or consent agreement allegedly   784          

involves conduct by the defendant that caused physical harm to     785          

the person or property of a family or household member covered by  786          

the order or agreement, or conduct by the defendant that caused a  787          

family or household member to believe that the defendant would     788          

cause physical harm to that member or that member's property.      789          

      (b)  If the alleged violation is a violation of an           791          

anti-stalking A protection order issued pursuant to section        793          

2903.213 OR 2903.214 of the Revised Code, that the violation of    795          

the anti-stalking protection order allegedly involves conduct by   796          

the defendant that caused physical harm to the person or property  797          

of the person covered by the order, or conduct by the defendant    798          

that caused the person covered by the order to believe that the                 

defendant would cause physical harm to that person or that         799          

person's property.                                                              

      (2)  The evaluation shall be completed no later than thirty  801          

days from the date the order is entered pursuant to division       802          

(A)(1) of this section.  In that order, the court shall do either  803          

of the following:                                                  804          

      (a)  Order that the evaluation of the mental condition of    806          

the defendant be preceded by an examination conducted either by a  807          

                                                          19     

                                                                 
forensic center that is designated by the department of mental     808          

health to conduct examinations and make evaluations of defendants  809          

charged with violations of section 2919.27 of the Revised Code or  810          

of substantially similar municipal ordinances in the area in       811          

which the court is located, or by any other program or facility    812          

that is designated by the department of mental health or the       813          

department of mental retardation and developmental disabilities    814          

to conduct examinations and make evaluations of defendants         815          

charged with violations of section 2919.27 of the Revised Code or  816          

of substantially similar municipal ordinances, and that is         817          

operated by either department or is certified by either            818          

department as being in compliance with the standards established   819          

under division (J) of section 5119.01 of the Revised Code or       820          

division (C) of section 5123.04 of the Revised Code.               821          

      (b)  Designate a center, program, or facility other than     823          

one designated by the department of mental health or the           824          

department of mental retardation and developmental disabilities,   825          

as described in division (A)(2)(a) of this section, to conduct     827          

the evaluation and preceding examination of the mental condition   828          

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     830          

(b) of this section, the court may designate examiners other than  831          

the personnel of the center, program, facility, or department      832          

involved to make the evaluation and preceding examination of the   833          

mental condition of the defendant.                                 834          

      (B)  If the court considers that additional evaluations of   836          

the mental condition of a defendant are necessary following the    837          

evaluation authorized by division (A) of this section, the court   838          

may order up to two additional similar evaluations.  These         839          

evaluations shall be completed no later than thirty days from the  840          

date the applicable court order is entered.  If more than one      841          

evaluation of the mental condition of the defendant is ordered     842          

under this division, the prosecutor and the defendant may          843          

recommend to the court an examiner whom each prefers to perform    844          

                                                          20     

                                                                 
one of the evaluations and preceding examinations.                 845          

      (C)(1)  The court may order a defendant who has been         847          

released on bail to submit to an examination under division (A)    848          

or (B) of this section.  The examination shall be conducted        849          

either at the detention facility in which the defendant would      850          

have been confined if the defendant had not been released on       851          

bail, or, if so specified by the center, program, facility, or     852          

examiners involved, at the premises of the center, program, or     853          

facility.  Additionally, the examination shall be conducted at     854          

the times established by the examiners involved.  If such a        855          

defendant refuses to submit to an examination or a complete        856          

examination as required by the court or the center, program,       857          

facility, or examiners involved, the court may amend the           858          

conditions of the bail of the defendant and order the sheriff to   859          

take the defendant into custody and deliver the defendant to the   860          

detention facility in which the defendant would have been          861          

confined if the defendant had not been released on bail, or, if    863          

so specified by the center, program, facility, or examiners                     

involved, to the premises of the center, program, or facility,     864          

for purposes of the examination.                                   865          

      (2)  A defendant who has not been released on bail shall be  867          

examined at the detention facility in which the defendant is       868          

confined or, if so specified by the center, program, facility, or  870          

examiners involved, at the premises of the center, program, or     871          

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     873          

under division (A) or (B) of this section shall file a written     874          

report with the court within thirty days after the entry of an     875          

order for the evaluation of the mental condition of the            876          

defendant.  The report shall contain the findings of the           877          

examiner; the facts in reasonable detail on which the findings     878          

are based; the opinion of the examiner as to the mental condition  879          

of the defendant; the opinion of the examiner as to whether the    880          

defendant represents a substantial risk of physical harm to other  881          

                                                          21     

                                                                 
persons as manifested by evidence of recent homicidal or other     882          

violent behavior, evidence of recent threats that placed other     883          

persons in reasonable fear of violent behavior and serious         884          

physical harm, or evidence of present dangerousness; and the       885          

opinion of the examiner as to the types of treatment or            886          

counseling that the defendant needs.  The court shall provide      887          

copies of the report to the prosecutor and defense counsel.        888          

      (E)  The costs of any evaluation and preceding examination   890          

of a defendant that is ordered pursuant to division (A) or (B) of  891          

this section shall be taxed as court costs in the criminal case.   892          

      (F)  If the examiner considers it necessary in order to      894          

make an accurate evaluation of the mental condition of a           895          

defendant, an examiner under division (A) or (B) of this section   896          

may request any family or household member of the defendant to     897          

provide the examiner with information.  A family or household      898          

member may, but is not required to, provide information to the     899          

examiner upon receipt of the request.                              900          

      (G)  As used in this section:                                902          

      (1)  "Bail" includes a recognizance.                         904          

      (2)  "Examiner" means a psychiatrist, a licensed             906          

independent social worker who is employed by a forensic center     908          

that is certified as being in compliance with the standards        909          

established under division (J) of section 5119.01 or division (C)  910          

of section 5123.04 of the Revised Code, a licensed professional    911          

clinical counselor who is employed at a forensic center that is    912          

certified as being in compliance with such standards, or a         913          

licensed clinical psychologist, except that in order to be an      914          

examiner, a licensed clinical psychologist shall meet the          915          

criteria of division (I)(1) of section 5122.01 of the Revised      916          

Code or be employed to conduct examinations by the department of   917          

mental health or by a forensic center certified as being in        918          

compliance with the standards established under division (J) of    919          

section 5119.01 or division (C) of section 5123.04 of the Revised  920          

Code that is designated by the department of mental health.        921          

                                                          22     

                                                                 
      (3)  "Family or household member" has the same meaning as    923          

in section 2919.25 of the Revised Code.                            924          

      (4)  "Prosecutor" has the same meaning as in section         926          

2935.01 of the Revised Code.                                       927          

      (5)  "Psychiatrist" and "licensed clinical psychologist"     930          

have the same meanings as in section 5122.01 of the Revised Code.  931          

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  941          

or magistrate shall fix the amount of bail.  In a case involving                

a misdemeanor or a violation of a municipal ordinance and not      942          

involving a felony, the judge, magistrate, or clerk of the court   943          

may fix the amount of bail and may do so in accordance with a      944          

schedule previously fixed by the judge or magistrate, or, in a     946          

case when the judge, magistrate, or clerk of the court is not      947          

readily available, the sheriff, deputy sheriff, marshal, deputy    948          

marshal, police officer, or jailer having custody of the person    949          

charged may fix the amount of bail in accordance with a schedule   951          

previously fixed by the judge or magistrate and shall take the     952          

bail only in the county courthouse, the municipal or township      953          

building, or the county or municipal jail.  In all cases, the      954          

bail shall be fixed with consideration of the seriousness of the   955          

offense charged, the previous criminal record of the defendant,    956          

and the probability of the defendant appearing at the trial of     957          

the case.                                                                       

      (B)  In any case involving an alleged violation of section   959          

2919.27 of the Revised Code or of a municipal ordinance that is    960          

substantially similar to that section and in which the court       961          

finds that either of the following criteria applies, the court     962          

shall determine whether it will order an evaluation of the mental  963          

condition of the defendant pursuant to section 2919.271 of the     964          

Revised Code and, if it decides to so order, shall issue the       965          

order requiring that evaluation before it sets bail for the        966          

person charged with the violation:                                              

      (1)  Regarding an alleged violation of a temporary           968          

protection order ISSUED or consent agreement APPROVED PURSUANT TO  969          

                                                          23     

                                                                 
SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the           970          

violation of the order or agreement allegedly involves conduct by  971          

the defendant that caused physical harm to the person or property  972          

of a family or household member covered by the order or agreement  973          

or conduct by that defendant that caused a family or household     974          

member to believe that the defendant would cause physical harm to  975          

that member or that member's property;                             976          

      (2)  Regarding an alleged violation of an anti-stalking A    978          

protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214   979          

OF THE REVISED CODE, that the violation of the order allegedly     980          

involves conduct by the defendant that caused physical harm to     982          

the person or property of the person covered by the order or       983          

conduct by that defendant that caused the person covered by the    984          

order to believe that the defendant would cause physical harm to   985          

that person or that person's property.                                          

      Section 2.  That existing sections 737.11, 1901.18,          987          

1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the  989          

Revised Code are hereby repealed.                                               

      Section 3.  That section 1901.19 of the Revised Code, as     991          

amended by Am. Sub. H.B. 438 of the 121st General Assembly, be     992          

amended to read as follows:                                                     

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  1,001        

municipal courts as set forth in section 1901.17 of the Revised    1,002        

Code and the subject matter jurisdiction of municipal courts as    1,003        

set forth in section 1901.18 of the Revised Code, a municipal      1,004        

court and a housing or environmental division of a municipal       1,005        

court have jurisdiction within its territory to perform all of     1,006        

the following functions:                                                        

      (1)  To compel attendance of witnesses in any pending        1,008        

action or proceeding in the same manner as the court of common     1,009        

pleas;                                                             1,010        

      (2)  To issue executions on its own judgments;               1,012        

      (3)  In any legal or equitable action or proceeding, to      1,014        

enforce the collection of its own judgments;                       1,015        

                                                          24     

                                                                 
      (4)  To issue and enforce any order of attachment;           1,017        

      (5)  In any action or proceeding in the nature of            1,019        

creditors' bills, and in aid of execution, to subject the          1,020        

interest of a judgment debtor in personal property to the payment  1,021        

of a judgment of the court;                                        1,022        

      (6)  To issue and enforce temporary protection orders        1,024        

pursuant to section 2919.26 of the Revised Code and anti-stalking  1,025        

protection orders pursuant to section 2903.213 of the Revised      1,026        

Code.                                                              1,027        

      (B)  Subject to the limitation set forth in this division,   1,029        

a municipal court or a housing or environmental division of a      1,030        

municipal court has jurisdiction outside its territory in a        1,031        

proceeding in aid of execution to subject to the payment of the    1,032        

judgment the interest in personal property of a judgment debtor    1,033        

under a judgment rendered by the court or division.  The           1,034        

jurisdiction provided in this division includes the county or      1,035        

counties in which the territory of the court or division in        1,036        

question is situated and any county that is contiguous to that in  1,037        

which the court or division is located.  A court or division that  1,038        

has jurisdiction under this division outside its territory in a    1,039        

proceeding in aid of execution has the same powers, duties, and    1,040        

functions relative to the proceeding that it has relative to       1,041        

proceedings in aid of execution over which it has jurisdiction     1,042        

other than under this division.                                    1,043        

      (C)(1)  In any action for garnishment of personal earnings   1,045        

brought in a municipal court, the court has jurisdiction to serve  1,046        

process pursuant to section 2716.05 of the Revised Code upon a     1,047        

garnishee who resides in a county contiguous to that in which the  1,048        

court is located.                                                  1,049        

      (2)  In any action for garnishment of property, other than   1,051        

personal earnings, brought in a municipal court under section      1,052        

2716.11 of the Revised Code, the court has jurisdiction to serve   1,053        

process pursuant to section 2716.13 of the Revised Code upon a     1,054        

garnishee who resides in a county contiguous to that in which the  1,055        

                                                          25     

                                                                 
court is located.                                                  1,056        

      (3)  Whenever a motion for attachment is filed in a          1,058        

municipal court under section 2715.03 of the Revised Code, the     1,059        

court has jurisdiction to serve process pursuant to section        1,060        

2715.091 of the Revised Code upon a garnishee who resides in a     1,061        

county contiguous to that in which the court is located.           1,062        

      (D)  The municipal court of Cleveland also has jurisdiction  1,064        

in all actions and proceedings in the nature of creditors' bills,  1,065        

and in aid of execution to subject the interests of a judgment     1,066        

debtor in real or personal property to the payment of a judgment   1,067        

of the court.  In such actions and proceedings, the court may      1,068        

proceed to marshal and foreclose all liens on the property         1,069        

irrespective of the amount of the lien, and all vested or          1,070        

contingent rights in the property.                                 1,071        

      Section 4.  That all existing versions of section 1901.19    1,073        

of the Revised Code are hereby repealed.                           1,074        

      Section 5.  Sections 3 and 4 of this act shall take effect   1,076        

July 1, 1997.