As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. 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- 9
MOTTLEY-VESPER-NETZLEY-TERWILLEGER-LUCAS-GARCIA-BATCHELDER- 10
MASON-COUGHLIN-CORE-REID-MEAD-HOUSEHOLDER-LEWIS-WHALEN-MILLER- 11
SULZER-BRADY-GRENDELL-PATTON-CLANCY-WINKLER-SALERNO-OPFER- 12
MOTTL-WESTON-BUCHY-DAMSCHRODER-OLMAN-BENDER- 13
SENATORS BLESSING-HOWARD-OELSLAGER 14
16
A B I L L
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 18
2903.213, 2919.27, 2919.271, and 2937.23 and to 19
enact section 2903.214 of the Revised Code to 20
authorize the issuance of a civil protection 21
order to protect a person who has been a victim 22
of menacing by stalking.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 737.11, 1901.18, 1901.19, 26
1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and 28
section 2903.214 of the Revised Code be enacted to read as
follows:
Sec. 737.11. The police force of a municipal corporation 37
shall preserve the peace, protect persons and property, and obey 38
and enforce all ordinances of the legislative authority of the 39
municipal corporation, all criminal laws of the state and the 40
United States, all court orders issued and consent agreements 41
approved pursuant to sections 2919.26 and 3113.31 of the Revised 42
Code, all anti-stalking protection orders issued pursuant to 43
section 2903.213 OR 2903.214 of the Revised Code, and protection 45
orders issued by courts of another state, as defined in section 46
2
2919.27 of the Revised Code. The fire department shall protect 48
the lives and property of the people in case of fire. Both the 49
police and fire departments shall perform any other duties that 50
are provided by ordinance. The police and fire departments in 51
every city shall be maintained under the civil service system. 52
A chief or officer of a police force of a municipal 54
corporation may participate, as the director of an organized 55
crime task force established under section 177.02 of the Revised 56
Code or as a member of the investigatory staff of such a task 57
force, in an investigation of organized criminal activity in any 58
county or counties in this state under sections 177.01 to 177.03 59
of the Revised Code. 60
Sec. 1901.18. (A) Except as otherwise provided in this 69
division or section 1901.181 of the Revised Code, subject to the 70
monetary jurisdiction of municipal courts as set forth in section 71
1901.17 of the Revised Code, a municipal court has original 72
jurisdiction within its territory in all of the following actions 73
or proceedings and to perform all of the following functions: 74
(1) In any civil action, of whatever nature or remedy, of 76
which judges of county courts have jurisdiction; 77
(2) In any action or proceeding at law for the recovery of 79
money or personal property of which the court of common pleas has 80
jurisdiction; 81
(3) In any action at law based on contract, to determine, 83
preserve, and enforce all legal and equitable rights involved in 84
the contract, to decree an accounting, reformation, or 85
cancellation of the contract, and to hear and determine all legal 86
and equitable remedies necessary or proper for a complete 87
determination of the rights of the parties to the contract; 88
(4) In any action or proceeding for the sale of personal 90
property under chattel mortgage, lien, encumbrance, or other 91
charge, for the foreclosure and marshalling of liens on personal 93
property of that nature, and for the rendering of personal
judgment in the action or proceeding; 95
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(5) In any action or proceeding to enforce the collection 97
of its own judgments or the judgments rendered by any court 98
within the territory to which the municipal court has succeeded, 99
and to subject the interest of a judgment debtor in personal 100
property to satisfy judgments enforceable by the municipal court; 101
(6) In any action or proceeding in the nature of 103
interpleader; 104
(7) In any action of replevin; 106
(8) In any action of forcible entry and detainer; 108
(9) In any action concerning the issuance and enforcement 110
of temporary protection orders pursuant to section 2919.26 of the 111
Revised Code or anti-stalking protection orders pursuant to 112
section 2903.213 of the Revised Code or the enforcement of 113
protection orders issued by courts of another state, as defined 115
in section 2919.27 of the Revised Code;
(10) If the municipal court has a housing or environmental 117
division, in any action over which the division is given 118
jurisdiction by section 1901.181 of the Revised Code, provided 119
that, except as specified in division (B) of that section, no 120
judge of the court other than the judge of the division shall 121
hear or determine any action over which the division has 122
jurisdiction; 123
(11) In any action brought pursuant to division (I) of 125
section 3733.11 of the Revised Code, if the residential premises 126
that are the subject of the action are located within the 127
territorial jurisdiction of the court; 128
(12) In any civil action as described in division (B)(1) 130
of section 3767.41 of the Revised Code that relates to a public 131
nuisance, and, to the extent any provision of this chapter 132
conflicts or is inconsistent with a provision of that section, 133
the provision of that section shall control in the civil action. 134
(B) The Cleveland municipal court also shall have 137
jurisdiction within its territory in all of the following actions 138
or proceedings and to perform all of the following functions: 139
4
(1) In all actions and proceedings for the sale of real 141
property under lien of a judgment of the municipal court or a 142
lien for machinery, material, or fuel furnished or labor 143
performed, irrespective of amount, and, in those actions and 145
proceedings, the court may proceed to foreclose and marshal all 147
liens and all vested or contingent rights, to appoint a receiver, 148
and to render personal judgment irrespective of amount in favor 149
of any party.
(2) In all actions for the foreclosure of a mortgage on 151
real property given to secure the payment of money or the 152
enforcement of a specific lien for money or other encumbrance or 153
charge on real property, when the amount claimed by the plaintiff 154
does not exceed fifteen thousand dollars and the real property is 156
situated within the territory, and, in those actions, the court 157
may proceed to foreclose all liens and all vested and contingent 158
rights and may proceed to render judgments and make findings and 161
orders between the parties in the same manner and to the same 162
extent as in similar actions in the court of common pleas. 164
(3) In all actions for the recovery of real property 166
situated within the territory to the same extent as courts of 167
common pleas have jurisdiction; 168
(4) In all actions for injunction to prevent or terminate 170
violations of the ordinances and regulations of the city of 171
Cleveland enacted or promulgated under the police power of the 172
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 173
Constitution, over which the court of common pleas has or may 174
have jurisdiction, and, in those actions, the court may proceed 176
to render judgments and make findings and orders in the same 179
manner and to the same extent as in similar actions in the court 180
of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 189
municipal courts as set forth in section 1901.17 of the Revised 190
Code and the subject matter jurisdiction of municipal courts as 191
set forth in section 1901.18 of the Revised Code, a municipal 192
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court and a housing or environmental division of a municipal 193
court have jurisdiction within its territory to perform all of 194
the following functions:
(1) To compel attendance of witnesses in any pending 196
action or proceeding in the same manner as the court of common 197
pleas; 198
(2) To issue executions on its own judgments; 200
(3) In any legal or equitable action or proceeding, to 202
enforce the collection of its own judgments; 203
(4) To issue and enforce any order of attachment; 205
(5) In any action or proceeding in the nature of 207
creditors' bills, and in aid of execution, to subject the 208
interest of a judgment debtor in personal property to the payment 209
of a judgment of the court; 210
(6) To issue and enforce temporary protection orders 212
pursuant to section 2919.26 of the Revised Code and anti-stalking 213
protection orders pursuant to section 2903.213 of the Revised 214
Code and to enforce protection orders issued by courts of another 215
state, as defined in section 2919.27 of the Revised Code. 216
(B) Subject to the limitation set forth in this division, 218
a municipal court or a housing or environmental division of a 219
municipal court has jurisdiction outside its territory in a 220
proceeding in aid of execution to subject to the payment of the 221
judgment the interest in personal property of a judgment debtor 222
under a judgment rendered by the court or division. The 223
jurisdiction provided in this division includes the county or 224
counties in which the territory of the court or division in 225
question is situated and any county that is contiguous to that in 226
which the court or division is located. A court or division that 227
has jurisdiction under this division outside its territory in a 228
proceeding in aid of execution has the same powers, duties, and 229
functions relative to the proceeding that it has relative to 230
proceedings in aid of execution over which it has jurisdiction 231
other than under this division. 232
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(C)(1) In any action for garnishment of personal earnings 234
brought in a municipal court, the court has jurisdiction to serve 235
process pursuant to section 2716.05 of the Revised Code upon a 236
garnishee who resides in a county contiguous to that in which the 237
court is located. 238
(2) In any action for garnishment of property, other than 240
personal earnings, brought in a municipal court under section 241
2716.11 of the Revised Code, the court has jurisdiction to serve 242
process pursuant to section 2716.13 of the Revised Code upon a 243
garnishee who resides in a county contiguous to that in which the 244
court is located. 245
(3) Whenever a motion for attachment is filed in a 247
municipal court under section 2715.03 of the Revised Code, the 248
court has jurisdiction to serve process pursuant to section 249
2715.091 of the Revised Code upon a garnishee who resides in a 250
county contiguous to that in which the court is located. 251
(D) The municipal court of Cleveland also has jurisdiction 253
in all actions and proceedings in the nature of creditors' bills, 254
and in aid of execution to subject the interests of a judgment 255
debtor in real or personal property to the payment of a judgment 256
of the court. In such actions and proceedings, the court may 257
proceed to marshal and foreclose all liens on the property 258
irrespective of the amount of the lien, and all vested or 259
contingent rights in the property. 260
Sec. 1907.18. (A) County court judges, within and 269
coextensive with their respective counties, have jurisdiction and 270
authority to: 271
(1) Administer an oath authorized or required by law to be 273
administered; 274
(2) Take acknowledgments of instruments of writing; 276
(3) Issue subpoenas to compel the attendance of witnesses 278
to give evidence in causes or matters pending before the judges, 279
or for the purpose of taking depositions or perpetuating 280
testimony; 281
7
(4) Proceed against sheriffs, deputy sheriffs, and 283
constables failing to make return, making false return, or 284
failing to pay over money collected on execution issued by the 285
judges; 286
(5) Try actions against other county court judges for 288
refusing or neglecting to pay over moneys collected in their 289
official capacity when the amount claimed does not exceed five 290
hundred dollars. This division does not deny or impair any 291
remedy provided by law in such a case by suit on the official 292
bond of such a county court judge, or by amercement or otherwise, 293
for neglect or failure to pay over money so collected. 294
(6) Hear actions concerning the issuance and enforcement 296
of, issue, and enforce temporary protection orders pursuant to 297
section 2919.26 of the Revised Code and anti-stalking protection 298
orders pursuant to section 2903.213 of the Revised Code; 299
(7) Hear actions concerning the enforcement of protection 301
orders issued by courts of another state, as defined in section 303
2919.27 of the Revised Code, and to enforce those protection 304
orders.
(B) County court judges may punish contempts, and exercise 306
powers necessary to give effect to the jurisdiction of the court 307
and to enforce its judgments, orders, and decrees, as provided in 308
this chapter or, in the absence of a provision in this chapter, 309
in a manner authorized by the Revised Code or common law for the 310
judges of the courts of common pleas. 311
(C) County court judges have jurisdiction and authority to 313
perform marriage ceremonies anywhere in the state. 314
Sec. 2903.213. (A) Except when the complaint involves a 323
person who is a family or household member as defined in section 324
2919.25 of the Revised Code, upon the filing of a complaint that 325
alleges a violation of section 2903.11, 2903.12, 2903.13, 326
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a 328
violation of a municipal ordinance substantially similar to 329
section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the 330
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Revised Code, the complainant may file a motion that requests the 331
issuance of an anti-stalking A protection order as a pretrial 333
condition of release of the alleged offender, in addition to any 334
bail set under Criminal Rule 46. The motion shall be filed with 335
the clerk of the court that has jurisdiction of the case at any 336
time after the filing of the complaint. If the complaint 337
involves a person who is a family or household member, the 338
complainant may file a motion for a temporary protection order 339
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking A protection order UNDER 341
THIS SECTION shall be prepared on a form that is provided by the 343
clerk of the court, which AND THE form shall be substantially as 344
follows:
"Motion for Anti-stalking Protection Order 345
................. Court 346
Name and address of court 347
State of Ohio 349
v. No. ....... 350
..................................... 351
Name of Defendant 352
(Name of person), the complainant in the above-captioned case, 354
moves the court to issue an anti-stalking A protection order 355
containing terms designed to ensure the safety and protection of 356
the complainant in relation to the named defendant, pursuant to 357
its authority to issue such an A PROTECTION order under section 358
2903.213 of the Revised Code. 360
A complaint, a copy of which has been attached to this 362
motion, has been filed in this court charging the named defendant 363
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 364
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation 366
of a municipal ordinance substantially similar to section 367
2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 368
Code.
I understand that I must appear before the court, at a time 370
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set by the court not later than the next day that the court is in 371
session after the filing of this motion, for a hearing on the 372
motion, and that any anti-stalking protection order granted 373
pursuant to this motion is a pretrial condition of release and is 374
effective only until the disposition of the criminal proceeding 375
arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER 376
SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER 377
ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS 378
OF THE ATTACHED COMPLAINT.
..................................... 380
Signature of complainant 382
..................................... 384
Address of complainant" 386
(C)(1) As soon as possible after the filing of a motion 388
that requests the issuance of an anti-stalking A protection order 389
UNDER THIS SECTION, but not later than the next day that the 391
court is in session after the filing of the motion, the court 392
shall conduct a hearing to determine whether to issue the order. 393
The complainant shall appear before the court and provide the 394
court with the information that it requests concerning the basis 395
of the motion. If the court finds that the safety and protection 396
of the complainant may be impaired by the continued presence of 397
the alleged offender, the court may issue an anti-stalking A 398
protection order UNDER THIS SECTION, as a pretrial condition of 400
release, that contains terms designed to ensure the safety and 402
protection of the complainant, including a requirement that the 403
alleged offender refrain from entering the residence, school, 404
business, or place of employment of the complainant. 405
(2)(a) IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS 408
SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER 409
REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE 410
OF EMPLOYMENT OF THE COMPLAINANT, THE ORDER SHALL CLEARLY STATE 411
THAT THE ORDER CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO 412
THE ALLEGED OFFENDER FROM THE COMPLAINANT TO ENTER THE RESIDENCE, 413
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SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE ALLEGED 414
OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE 415
CONSENT OF THE COMPLAINANT. 416
(b) DIVISION (C)(2)(a) OF THIS SECTION DOES NOT LIMIT ANY 420
DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER 421
CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, 422
WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 423
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH 424
CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER 425
ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS 426
NOT IN CONTEMPT OF COURT.
(D)(1) Except when the complaint involves a person who is 428
a family or household member as defined in section 2919.25 of the 429
Revised Code, upon the filing of a complaint that alleges a 430
violation specified in division (A) of this section, the court, 431
upon its own motion, may issue an anti-stalking A protection 433
order UNDER THIS SECTION as a pretrial condition of release of 435
the alleged offender if it finds that the safety and protection 436
of the complainant may be impaired by the continued presence of 437
the alleged offender.
(2) If the court issues an anti-stalking A protection 439
order under this section as an ex parte order, it shall conduct, 440
as soon as possible after the issuance of the order but not later 441
than the next day THAT the court is in session after its 442
issuance, a hearing to determine whether the order should remain 443
in effect, be modified, or be revoked. The hearing shall be 444
conducted under the standards set forth in division (C) of this 445
section.
(3) If a municipal court or a county court issues an 448
anti-stalking A protection order under this section and if, 450
subsequent to the issuance of the order, the alleged offender who 451
is the subject of the order is bound over to the court of common 452
pleas for prosecution of a felony arising out of the same 453
activities as those that were the basis of the complaint upon 454
11
which the order is based, notwithstanding the fact that the order 455
was issued by a municipal court or county court, the order shall 456
remain in effect, as though it were an order of the court of 457
common pleas, while the charges against the alleged offender are 458
pending in the court of common pleas, for the period of time 459
described in division (E)(2) of this section, and the court of 460
common pleas has exclusive jurisdiction to modify the order 461
issued by the municipal court or county court. This division 463
applies when the alleged offender is bound over to the court of 464
common pleas as a result of the person waiving a preliminary 465
hearing on the felony charge, as a result of the municipal court 466
or county court having determined at a preliminary hearing that 467
there is probable cause to believe that the felony has been 468
committed and that the alleged offender committed it, as a result 469
of the alleged offender having been indicted for the felony, or 470
in any other manner.
(E) An anti-stalking A protection order that is issued as 472
a pretrial condition of release under this section: 473
(1) Is in addition to, but shall not be construed as a 475
part of, any bail set under Criminal Rule 46; 476
(2) Is effective only until the disposition, by the court 478
that issued the order or, in the circumstances described in 479
division (D)(3) of this section, by the court of common pleas to 480
which the alleged offender is bound over for prosecution, of the 481
criminal proceeding arising out of the complaint upon which the 482
order is based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF 484
THE REVISED CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME 485
ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED 486
UNDER THIS SECTION;
(3) Shall not be construed as a finding that the alleged 488
offender committed the alleged offense, and shall not be 489
introduced as evidence of the commission of the offense at the 490
trial of the alleged offender on the complaint upon which the 491
order is based. 492
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(F) A person who meets the criteria for bail under 494
Criminal Rule 46 and who, if required to do so pursuant to that 495
rule, executes or posts bond or deposits cash or securities as 496
bail, shall not be held in custody pending a hearing before the 497
court on a motion requesting an anti-stalking A protection order 498
UNDER THIS SECTION. 499
(G)(1) A copy of any anti-stalking A protection order that 501
is issued under this section shall be issued by the court to the 502
complainant, to the defendant, and to all law enforcement 503
agencies that have jurisdiction to enforce the order. The court 504
shall direct that a copy of the order be delivered to the 505
defendant on the same day that the order is entered. If a 506
municipal court or a county court issues an anti-stalking A 507
protection order under this section and if, subsequent to the 508
issuance of the order, the defendant who is the subject of the 509
order is bound over to the court of common pleas for prosecution 510
as described in division (D)(3) of this section, the municipal 512
court or county court shall direct that a copy of the order be 513
delivered to the court of common pleas to which the defendant is 514
bound over.
(2) All law enforcement agencies shall establish and 516
maintain an index for the anti-stalking protection orders 517
delivered to the agencies pursuant to division (G)(1) of this 518
section. With respect to each order delivered, each agency shall 519
note on the index, the date and time of the AGENCY'S receipt of 520
the order by the agency. 522
(3) Any REGARDLESS OF WHETHER THE PETITIONER HAS 524
REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE 525
OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law 526
enforcement agency shall enforce an anti-stalking A protection 527
order ISSUED PURSUANT TO THIS SECTION in accordance with the 528
provisions of the order. 529
(H) Upon a violation of an anti-stalking A protection 531
order ISSUED PURSUANT TO THIS SECTION, the court may issue 533
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another anti-stalking protection order UNDER THIS SECTION, as a 534
pretrial condition of release, that modifies the terms of the 535
order that was violated. 536
(I) Notwithstanding any provision of law to the contrary, 538
no court shall charge a fee for the filing of a motion pursuant 539
to this section. 540
Sec. 2903.214. (A) AS USED IN THIS SECTION: 542
(1) "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY 544
IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER 545
RESIDES.
(2) "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT 547
AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS 549
SECTION.
(3) "FAMILY OR HOUSEHOLD MEMBER" HAS THE SAME MEANING AS 552
IN SECTION 3113.31 OF THE REVISED CODE. 553
(4) "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" 555
HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE. 557
(B) THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER 559
THIS SECTION. 560
(C) A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE 563
PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF 564
UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD 565
MEMBER, BY FILING A PETITION WITH THE COURT. THE PETITION SHALL 566
CONTAIN OR STATE BOTH OF THE FOLLOWING: 567
(1) AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A 569
VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 570
PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A 571
DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION; 572
(2) A REQUEST FOR RELIEF UNDER THIS SECTION. 574
(D)(1) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS 576
SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX 577
PARTE HEARING AS SOON AS POSSIBLE AFTER THE PETITION IS FILED, 578
BUT NOT LATER THAN THE NEXT DAY THAT THE COURT IS IN SESSION 579
AFTER THE PETITION IS FILED. THE COURT, FOR GOOD CAUSE SHOWN AT 581
14
THE EX PARTE HEARING, MAY ENTER ANY TEMPORARY ORDERS, WITH OR 582
WITHOUT BOND, THAT THE COURT FINDS NECESSARY FOR THE SAFETY AND 583
PROTECTION OF THE PERSON TO BE PROTECTED BY THE ORDER. IMMEDIATE 584
AND PRESENT DANGER TO THE PERSON TO BE PROTECTED BY THE
PROTECTION ORDER CONSTITUTES GOOD CAUSE FOR PURPOSES OF THIS 585
SECTION. IMMEDIATE AND PRESENT DANGER INCLUDES, BUT IS NOT 586
LIMITED TO, SITUATIONS IN WHICH THE RESPONDENT HAS THREATENED THE 587
PERSON TO BE PROTECTED BY THE PROTECTION ORDER WITH BODILY HARM 588
OR IN WHICH THE RESPONDENT PREVIOUSLY HAS BEEN CONVICTED OF OR 589
PLEADED GUILTY TO A VIOLATION OF SECTION 2903.211 OF THE REVISED 591
CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER.
(2)(a) IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A 593
PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE 595
COURT SHALL SCHEDULE A FULL HEARING FOR A DATE THAT IS WITHIN TEN 596
COURT DAYS AFTER THE EX PARTE HEARING. THE COURT SHALL GIVE THE 598
RESPONDENT NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL 600
HEARING. THE COURT SHALL HOLD THE FULL HEARING ON THE DATE 601
SCHEDULED UNDER THIS DIVISION UNLESS THE COURT GRANTS A 602
CONTINUANCE OF THE HEARING IN ACCORDANCE WITH THIS DIVISION. 603
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES OR FOR ANY OF THE 604
FOLLOWING REASONS, THE COURT MAY GRANT A CONTINUANCE OF THE FULL 605
HEARING TO A REASONABLE TIME DETERMINED BY THE COURT: 606
(i) PRIOR TO THE DATE SCHEDULED FOR THE FULL HEARING UNDER 609
THIS DIVISION, THE RESPONDENT HAS NOT BEEN SERVED WITH THE 610
PETITION FILED PURSUANT TO THIS SECTION AND NOTICE OF THE FULL 611
HEARING.
(ii) THE PARTIES CONSENT TO THE CONTINUANCE. 614
(iii) THE CONTINUANCE IS NEEDED TO ALLOW A PARTY TO OBTAIN 617
COUNSEL.
(iv) THE CONTINUANCE IS NEEDED FOR OTHER GOOD CAUSE. 620
(b) AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT 623
EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE OF THE FULL HEARING 624
UPON THE RESPONDENT BEFORE THE DATE SET FOR THE FULL HEARING 625
UNDER DIVISION (D)(2)(a) OF THIS SECTION OR BECAUSE THE COURT 627
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GRANTS A CONTINUANCE UNDER THAT DIVISION. 628
(3) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS 630
SECTION DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON 631
REQUESTS AN EX PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX 632
PARTE ORDER AFTER AN EX PARTE HEARING, THE COURT SHALL PROCEED AS 633
IN A NORMAL CIVIL ACTION AND GRANT A FULL HEARING ON THE MATTER. 634
(E)(1) AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY 636
ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS 638
TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON
TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT 639
LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM 641
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT 642
OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER. IF THE COURT 644
INCLUDES A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM ENTERING 645
THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE 646
PETITIONER OR FAMILY OR HOUSEHOLD MEMBER IN THE ORDER, IT ALSO 647
SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE DESCRIBED IN 648
DIVISION (E)(5) OF THIS SECTION. 649
(2)(a) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS 651
SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN 653
FIVE YEARS FROM THE DATE OF ITS ISSUANCE.
(b) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 655
MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS 657
ISSUED.
(3) A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES 659
A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT 660
MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER 662
DIVISION (E)(1) OF THIS SECTION UNLESS ALL OF THE FOLLOWING 663
APPLY:
(a) THE RESPONDENT FILES A SEPARATE PETITION FOR A 665
PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION. 667
(b) THE PETITIONER IS SERVED WITH NOTICE OF THE 669
RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT 672
HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE 673
16
PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE. 674
(c) IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER 676
PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT 677
DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME 678
SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING 679
WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT. 680
(d) AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS 682
EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE 683
PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT 684
EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED 685
A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 686
PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO 687
THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT 689
TO SECTION 2903.213 OF THE REVISED CODE RELATIVE TO THE PERSON TO
BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS 690
SECTION.
(4) NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 692
SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY. 693
(5)(a) IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS 696
SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER 697
REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE 698
OF EMPLOYMENT OF THE PETITIONER OR A FAMILY OR HOUSEHOLD MEMBER, 699
THE ORDER SHALL CLEARLY STATE THAT THE ORDER CANNOT BE WAIVED OR 700
NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE 701
COMPLAINANT TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF 702
EMPLOYMENT OR BY THE ALLEGED OFFENDER'S ENTRY INTO ONE OF THOSE 703
PLACES OTHERWISE UPON THE CONSENT OF THE PETITIONER OR FAMILY OR 704
HOUSEHOLD MEMBER. 705
(b) DIVISION (E)(5)(a) OF THIS SECTION DOES NOT LIMIT ANY 709
DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER 710
CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, 711
WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 712
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH 713
CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER 714
17
ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS 715
NOT IN CONTEMPT OF COURT.
(F)(1) THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY 717
PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE 720
PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT 721
AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER. THE COURT 722
SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE 723
RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED. 724
(2) ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND 726
MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE 727
AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION. WITH 729
RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE 730
INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER. 731
(3) REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED 733
THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY 735
HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY 736
OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION 737
ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE 739
IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING
REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE. 740
(G) ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED 742
IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A 744
PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR 745
WITHOUT BOND. AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN 746
EX PARTE ORDER, THAT GRANTS A PROTECTION ORDER, OR THAT REFUSES 747
TO GRANT A PROTECTION ORDER, IS A FINAL, APPEALABLE ORDER. THE 749
REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION 750
TO, AND NOT IN LIEU OF, ANY OTHER AVAILABLE CIVIL OR CRIMINAL 751
REMEDIES.
(H) THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT 753
EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE 754
REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER 756
LAW.
(I) ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN 758
18
ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL 759
PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD 760
MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS 761
SECTION AND SECTION 2903.213 OF THE REVISED CODE. 762
(J) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 764
NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT 765
TO THIS SECTION. 766
(K)(1) A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED 768
UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS: 769
(a) CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION 771
2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION 772
ORDER CONSTITUTES A VIOLATION OF THAT SECTION; 773
(b) PUNISHMENT FOR CONTEMPT OF COURT. 775
(2) THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR 777
VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES 778
NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF 780
SECTION 2919.27 OF THE REVISED CODE. HOWEVER, A PERSON PUNISHED 781
FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT 782
IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A 783
PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT 784
SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE 785
SAME ACTIVITY.
(L) IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A 787
PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE. 789
(M)(1) A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 791
THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE 792
REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF 793
THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY 794
COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY 795
REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION 797
(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER
WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE 798
WITH THAT DIVISION. A PERSON WHO OBTAINS A PROTECTION ORDER 799
ISSUED BY A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE 800
19
ISSUANCE OF THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT 801
OFFICIALS IN ANY COUNTY OF THIS STATE BY REGISTERING THE ORDER IN 802
THAT COUNTY PURSUANT TO SECTION 2919.272 OF THE REVISED CODE AND 803
FILING A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT 805
AGENCY IN THAT COUNTY. 806
(2) A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED 809
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 811
THE ORDER IS LOCATED IN THE FOLLOWING MANNER:
(a) THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE 813
ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND 814
PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON 815
PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE 816
COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.
(b) UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR 818
REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL 819
COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION 821
ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT 822
BEARS THAT PROOF OF REGISTRATION.
(3) THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL 825
COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED 826
COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN 829
OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF
THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK. 831
(4) IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 833
THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO 835
REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH 836
THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS 837
SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING 838
APPLY:
(a) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT 840
THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS 842
INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE
REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF 843
20
THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF 844
THIS SECTION. 845
(b) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF 847
COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN 848
THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY 849
PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY 850
FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR 851
REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN 852
ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE 853
PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF
REGISTRATION. 854
Sec. 2919.27. (A) No person shall recklessly violate the 863
terms of any of the following: 864
(1) A protection order issued or consent agreement 866
approved pursuant to section 2919.26 or 3113.31 of the Revised 867
Code;
(2) An anti-stalking A protection order issued pursuant to 869
section 2903.213 OR 2903.214 of the Revised Code; 871
(3) A protection order issued by a court of another state. 873
(B) Whoever violates this section is guilty of violating a 875
protection order. 876
(1) If the offense involves a violation of division (A)(1) 879
or (3) of this section, one of the following applies: 881
(a) Except as otherwise provided in division (B)(1)(b) of 884
this section, violating a protection order is a misdemeanor of 885
the first degree.
(b) If the offender previously has been convicted of or 888
pleaded guilty to two or more violations of section 2903.211 or 889
2911.211 of the Revised Code that involved the same person who is 890
the subject of the protection order or consent agreement or 891
previously has been convicted of or pleaded guilty to one or more 893
violations of this section, violating a protection order is a 895
felony of the fifth degree.
(2) If the offense involves a violation of division (A)(2) 897
21
of this section, one of the following applies: 899
(a) Except as otherwise provided in division (B)(2)(b) of 902
this section, violating a protection order is a misdemeanor of 904
the first degree.
(b) If the offender previously has been convicted of or 906
pleaded guilty to two or more violations of this section or of 907
former section 2919.27 of the Revised Code involving an 908
anti-stalking A protection order ISSUED PURSUANT TO SECTION 909
2903.213 OR 2903.214 OF THE REVISED CODE, two or more violations 910
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 912
Code that involved the same person who is the subject of the 914
anti-stalking protection order, or two or more violations of 915
section 2903.214 of the Revised Code as it existed prior to July 917
1, 1996, violating a protection order is a felony of the fifth 918
degree.
(C) It is an affirmative defense to a charge under 921
division (A)(3) of this section that the protection order issued 922
by a court of another state does not comply with the requirements 923
specified in 18 U.S.C. 2265(b) for a protection order that must 925
be accorded full faith and credit by a court of this state or 926
that it is not entitled to full faith and credit under 18 U.S.C. 928
2265(c).
(D) As used in this section, "protection order issued by a 931
court of another state" means an injunction or another order 932
issued by a criminal court of another state for the purpose of 933
preventing violent or threatening acts or harassment against, 934
contact or communication with, or physical proximity to another 935
person, including a temporary order, and means an injunction or 936
order of that nature issued by a civil court of another state, 937
including a temporary order and a final order issued in an 938
independent action or as a pendente lite order in a proceeding
for other relief, if the court issued it in response to a 940
complaint, petition, or motion filed by or on behalf of a person 941
seeking protection. "Protection order issued by a court of 942
22
another state" does not include an order for support or for 943
custody of a child.
Sec. 2919.271. (A)(1) If a defendant is charged with a 952
violation of section 2919.27 of the Revised Code or of a 953
municipal ordinance that is substantially similar to that 954
section, the court may order an evaluation of the mental 955
condition of the defendant if the court determines that either of 956
the following criteria apply: 957
(a) If the alleged violation is a violation of a 959
protection order issued or consent agreement approved pursuant to 960
section 2919.26 or 3113.31 of the Revised Code, that the 961
violation allegedly involves conduct by the defendant that caused 962
physical harm to the person or property of a family or household 963
member covered by the order or agreement, or conduct by the 964
defendant that caused a family or household member to believe 965
that the defendant would cause physical harm to that member or 966
that member's property.
(b) If the alleged violation is a violation of an 968
anti-stalking A protection order issued pursuant to section 970
2903.213 OR 2903.214 of the Revised Code or a protection order 972
issued by a court of another state, that the violation allegedly 974
involves conduct by the defendant that caused physical harm to
the person or property of the person covered by the order, or 975
conduct by the defendant that caused the person covered by the 976
order to believe that the defendant would cause physical harm to 977
that person or that person's property.
(2) The evaluation shall be completed no later than thirty 979
days from the date the order is entered pursuant to division 980
(A)(1) of this section. In that order, the court shall do either 981
of the following: 982
(a) Order that the evaluation of the mental condition of 984
the defendant be preceded by an examination conducted either by a 985
forensic center that is designated by the department of mental 986
health to conduct examinations and make evaluations of defendants 987
23
charged with violations of section 2919.27 of the Revised Code or 988
of substantially similar municipal ordinances in the area in 989
which the court is located, or by any other program or facility 990
that is designated by the department of mental health or the 991
department of mental retardation and developmental disabilities 992
to conduct examinations and make evaluations of defendants 993
charged with violations of section 2919.27 of the Revised Code or 994
of substantially similar municipal ordinances, and that is 995
operated by either department or is certified by either 996
department as being in compliance with the standards established 997
under division (J) of section 5119.01 of the Revised Code or 998
division (C) of section 5123.04 of the Revised Code. 999
(b) Designate a center, program, or facility other than 1,001
one designated by the department of mental health or the 1,002
department of mental retardation and developmental disabilities, 1,003
as described in division (A)(2)(a) of this section, to conduct 1,005
the evaluation and preceding examination of the mental condition 1,006
of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or 1,008
(b) of this section, the court may designate examiners other than 1,009
the personnel of the center, program, facility, or department 1,010
involved to make the evaluation and preceding examination of the 1,011
mental condition of the defendant. 1,012
(B) If the court considers that additional evaluations of 1,014
the mental condition of a defendant are necessary following the 1,015
evaluation authorized by division (A) of this section, the court 1,016
may order up to two additional similar evaluations. These 1,017
evaluations shall be completed no later than thirty days from the 1,018
date the applicable court order is entered. If more than one 1,019
evaluation of the mental condition of the defendant is ordered 1,020
under this division, the prosecutor and the defendant may 1,021
recommend to the court an examiner whom each prefers to perform 1,022
one of the evaluations and preceding examinations. 1,023
(C)(1) The court may order a defendant who has been 1,025
24
released on bail to submit to an examination under division (A) 1,026
or (B) of this section. The examination shall be conducted 1,027
either at the detention facility in which the defendant would 1,028
have been confined if the defendant had not been released on 1,029
bail, or, if so specified by the center, program, facility, or 1,030
examiners involved, at the premises of the center, program, or 1,031
facility. Additionally, the examination shall be conducted at 1,032
the times established by the examiners involved. If such a 1,033
defendant refuses to submit to an examination or a complete 1,034
examination as required by the court or the center, program, 1,035
facility, or examiners involved, the court may amend the 1,036
conditions of the bail of the defendant and order the sheriff to 1,037
take the defendant into custody and deliver the defendant to the 1,038
detention facility in which the defendant would have been 1,039
confined if the defendant had not been released on bail, or, if 1,041
so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, 1,042
for purposes of the examination. 1,043
(2) A defendant who has not been released on bail shall be 1,045
examined at the detention facility in which the defendant is 1,046
confined or, if so specified by the center, program, facility, or 1,048
examiners involved, at the premises of the center, program, or 1,049
facility.
(D) The examiner of the mental condition of a defendant 1,051
under division (A) or (B) of this section shall file a written 1,052
report with the court within thirty days after the entry of an 1,053
order for the evaluation of the mental condition of the 1,054
defendant. The report shall contain the findings of the 1,055
examiner; the facts in reasonable detail on which the findings 1,056
are based; the opinion of the examiner as to the mental condition 1,057
of the defendant; the opinion of the examiner as to whether the 1,058
defendant represents a substantial risk of physical harm to other 1,059
persons as manifested by evidence of recent homicidal or other 1,060
violent behavior, evidence of recent threats that placed other 1,061
25
persons in reasonable fear of violent behavior and serious 1,062
physical harm, or evidence of present dangerousness; and the 1,063
opinion of the examiner as to the types of treatment or 1,064
counseling that the defendant needs. The court shall provide 1,065
copies of the report to the prosecutor and defense counsel. 1,066
(E) The costs of any evaluation and preceding examination 1,068
of a defendant that is ordered pursuant to division (A) or (B) of 1,069
this section shall be taxed as court costs in the criminal case. 1,070
(F) If the examiner considers it necessary in order to 1,072
make an accurate evaluation of the mental condition of a 1,073
defendant, an examiner under division (A) or (B) of this section 1,074
may request any family or household member of the defendant to 1,075
provide the examiner with information. A family or household 1,076
member may, but is not required to, provide information to the 1,077
examiner upon receipt of the request. 1,078
(G) As used in this section: 1,080
(1) "Bail" includes a recognizance. 1,082
(2) "Examiner" means a psychiatrist, a licensed 1,084
independent social worker who is employed by a forensic center 1,086
that is certified as being in compliance with the standards 1,087
established under division (J) of section 5119.01 or division (C) 1,088
of section 5123.04 of the Revised Code, a licensed professional 1,089
clinical counselor who is employed at a forensic center that is 1,090
certified as being in compliance with such standards, or a 1,091
licensed clinical psychologist, except that in order to be an 1,092
examiner, a licensed clinical psychologist shall meet the 1,093
criteria of division (I)(1) of section 5122.01 of the Revised 1,094
Code or be employed to conduct examinations by the department of 1,095
mental health or by a forensic center certified as being in 1,096
compliance with the standards established under division (J) of 1,097
section 5119.01 or division (C) of section 5123.04 of the Revised 1,098
Code that is designated by the department of mental health. 1,099
(3) "Family or household member" has the same meaning as 1,101
in section 2919.25 of the Revised Code. 1,102
26
(4) "Prosecutor" has the same meaning as in section 1,104
2935.01 of the Revised Code. 1,105
(5) "Psychiatrist" and "licensed clinical psychologist" 1,108
have the same meanings as in section 5122.01 of the Revised Code. 1,109
(6) "Protection order issued by a court of another state" 1,111
has the same meaning as in section 2919.27 of the Revised Code. 1,112
Sec. 2937.23. (A) In a case involving a felony, the judge 1,122
or magistrate shall fix the amount of bail. In a case involving
a misdemeanor or a violation of a municipal ordinance and not 1,123
involving a felony, the judge, magistrate, or clerk of the court 1,124
may fix the amount of bail and may do so in accordance with a 1,125
schedule previously fixed by the judge or magistrate, or, in a 1,127
case when the judge, magistrate, or clerk of the court is not 1,128
readily available, the sheriff, deputy sheriff, marshal, deputy 1,129
marshal, police officer, or jailer having custody of the person 1,130
charged may fix the amount of bail in accordance with a schedule 1,132
previously fixed by the judge or magistrate and shall take the 1,133
bail only in the county courthouse, the municipal or township 1,134
building, or the county or municipal jail. In all cases, the 1,135
bail shall be fixed with consideration of the seriousness of the 1,136
offense charged, the previous criminal record of the defendant, 1,137
and the probability of the defendant appearing at the trial of 1,138
the case.
(B) In any case involving an alleged violation of section 1,140
2919.27 of the Revised Code or of a municipal ordinance that is 1,141
substantially similar to that section and in which the court 1,142
finds that either of the following criteria applies, the court 1,143
shall determine whether it will order an evaluation of the mental 1,144
condition of the defendant pursuant to section 2919.271 of the 1,145
Revised Code and, if it decides to so order, shall issue the 1,146
order requiring that evaluation before it sets bail for the 1,147
person charged with the violation:
(1) Regarding an alleged violation of a temporary 1,149
protection order ISSUED or consent agreement APPROVED PURSUANT TO 1,150
27
SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the 1,151
violation allegedly involves conduct by the defendant that caused 1,154
physical harm to the person or property of a family or household 1,155
member covered by the order or agreement or conduct by that 1,156
defendant that caused a family or household member to believe 1,157
that the defendant would cause physical harm to that member or 1,158
that member's property; 1,159
(2) Regarding an alleged violation of an anti-stalking A 1,161
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 1,162
OF THE REVISED CODE, or a protection order issued by a court of 1,164
another state, as defined in section 2919.27 of the Revised Code, 1,165
that the violation allegedly involves conduct by the defendant 1,167
that caused physical harm to the person or property of the person 1,168
covered by the order or conduct by that defendant that caused the 1,169
person covered by the order to believe that the defendant would 1,170
cause physical harm to that person or that person's property. 1,171
Section 2. That existing sections 737.11, 1901.18, 1,173
1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the 1,175
Revised Code are hereby repealed.