As Passed by the Senate 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-HOTTINGER-CARNES- 14
B. JOHNSON-WATTS-DRAKE-SHEERER-GARDNER-SUHADOLNIK- 15
LATTA-GAETH-RAY-ZALESKI 16
19
A B I L L
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 21
2903.213, 2919.27, 2919.271, and 2937.23 and to 22
enact section 2903.214 of the Revised Code to 23
authorize the issuance of a civil protection 24
order to protect a person who has been a victim 25
of menacing by stalking.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 737.11, 1901.18, 1901.19, 29
1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and 31
section 2903.214 of the Revised Code be enacted to read as
follows:
Sec. 737.11. The police force of a municipal corporation 40
shall preserve the peace, protect persons and property, and obey 41
and enforce all ordinances of the legislative authority of the 42
municipal corporation, all criminal laws of the state and the 43
United States, all court orders issued and consent agreements 44
approved pursuant to sections 2919.26 and 3113.31 of the Revised 45
Code, all anti-stalking protection orders issued pursuant to 46
2
section 2903.213 OR 2903.214 of the Revised Code, and protection 48
orders issued by courts of another state, as defined in section 49
2919.27 of the Revised Code. The fire department shall protect 51
the lives and property of the people in case of fire. Both the 52
police and fire departments shall perform any other duties that 53
are provided by ordinance. The police and fire departments in 54
every city shall be maintained under the civil service system. 55
A chief or officer of a police force of a municipal 57
corporation may participate, as the director of an organized 58
crime task force established under section 177.02 of the Revised 59
Code or as a member of the investigatory staff of such a task 60
force, in an investigation of organized criminal activity in any 61
county or counties in this state under sections 177.01 to 177.03 62
of the Revised Code. 63
Sec. 1901.18. (A) Except as otherwise provided in this 72
division or section 1901.181 of the Revised Code, subject to the 73
monetary jurisdiction of municipal courts as set forth in section 74
1901.17 of the Revised Code, a municipal court has original 75
jurisdiction within its territory in all of the following actions 76
or proceedings and to perform all of the following functions: 77
(1) In any civil action, of whatever nature or remedy, of 79
which judges of county courts have jurisdiction; 80
(2) In any action or proceeding at law for the recovery of 82
money or personal property of which the court of common pleas has 83
jurisdiction; 84
(3) In any action at law based on contract, to determine, 86
preserve, and enforce all legal and equitable rights involved in 87
the contract, to decree an accounting, reformation, or 88
cancellation of the contract, and to hear and determine all legal 89
and equitable remedies necessary or proper for a complete 90
determination of the rights of the parties to the contract; 91
(4) In any action or proceeding for the sale of personal 93
property under chattel mortgage, lien, encumbrance, or other 94
charge, for the foreclosure and marshalling of liens on personal 96
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property of that nature, and for the rendering of personal
judgment in the action or proceeding; 98
(5) In any action or proceeding to enforce the collection 100
of its own judgments or the judgments rendered by any court 101
within the territory to which the municipal court has succeeded, 102
and to subject the interest of a judgment debtor in personal 103
property to satisfy judgments enforceable by the municipal court; 104
(6) In any action or proceeding in the nature of 106
interpleader; 107
(7) In any action of replevin; 109
(8) In any action of forcible entry and detainer; 111
(9) In any action concerning the issuance and enforcement 113
of temporary protection orders pursuant to section 2919.26 of the 114
Revised Code or anti-stalking protection orders pursuant to 115
section 2903.213 of the Revised Code or the enforcement of 116
protection orders issued by courts of another state, as defined 118
in section 2919.27 of the Revised Code;
(10) If the municipal court has a housing or environmental 120
division, in any action over which the division is given 121
jurisdiction by section 1901.181 of the Revised Code, provided 122
that, except as specified in division (B) of that section, no 123
judge of the court other than the judge of the division shall 124
hear or determine any action over which the division has 125
jurisdiction; 126
(11) In any action brought pursuant to division (I) of 128
section 3733.11 of the Revised Code, if the residential premises 129
that are the subject of the action are located within the 130
territorial jurisdiction of the court; 131
(12) In any civil action as described in division (B)(1) 133
of section 3767.41 of the Revised Code that relates to a public 134
nuisance, and, to the extent any provision of this chapter 135
conflicts or is inconsistent with a provision of that section, 136
the provision of that section shall control in the civil action. 137
(B) The Cleveland municipal court also shall have 140
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jurisdiction within its territory in all of the following actions 141
or proceedings and to perform all of the following functions: 142
(1) In all actions and proceedings for the sale of real 144
property under lien of a judgment of the municipal court or a 145
lien for machinery, material, or fuel furnished or labor 146
performed, irrespective of amount, and, in those actions and 148
proceedings, the court may proceed to foreclose and marshal all 150
liens and all vested or contingent rights, to appoint a receiver, 151
and to render personal judgment irrespective of amount in favor 152
of any party.
(2) In all actions for the foreclosure of a mortgage on 154
real property given to secure the payment of money or the 155
enforcement of a specific lien for money or other encumbrance or 156
charge on real property, when the amount claimed by the plaintiff 157
does not exceed fifteen thousand dollars and the real property is 159
situated within the territory, and, in those actions, the court 160
may proceed to foreclose all liens and all vested and contingent 161
rights and may proceed to render judgments and make findings and 164
orders between the parties in the same manner and to the same 165
extent as in similar actions in the court of common pleas. 167
(3) In all actions for the recovery of real property 169
situated within the territory to the same extent as courts of 170
common pleas have jurisdiction; 171
(4) In all actions for injunction to prevent or terminate 173
violations of the ordinances and regulations of the city of 174
Cleveland enacted or promulgated under the police power of the 175
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 176
Constitution, over which the court of common pleas has or may 177
have jurisdiction, and, in those actions, the court may proceed 179
to render judgments and make findings and orders in the same 182
manner and to the same extent as in similar actions in the court 183
of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 192
municipal courts as set forth in section 1901.17 of the Revised 193
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Code and the subject matter jurisdiction of municipal courts as 194
set forth in section 1901.18 of the Revised Code, a municipal 195
court and a housing or environmental division of a municipal 196
court have jurisdiction within its territory to perform all of 197
the following functions:
(1) To compel attendance of witnesses in any pending 199
action or proceeding in the same manner as the court of common 200
pleas; 201
(2) To issue executions on its own judgments; 203
(3) In any legal or equitable action or proceeding, to 205
enforce the collection of its own judgments; 206
(4) To issue and enforce any order of attachment; 208
(5) In any action or proceeding in the nature of 210
creditors' bills, and in aid of execution, to subject the 211
interest of a judgment debtor in personal property to the payment 212
of a judgment of the court; 213
(6) To issue and enforce temporary protection orders 215
pursuant to section 2919.26 of the Revised Code and anti-stalking 216
protection orders pursuant to section 2903.213 of the Revised 217
Code and to enforce protection orders issued by courts of another 218
state, as defined in section 2919.27 of the Revised Code. 219
(B) Subject to the limitation set forth in this division, 221
a municipal court or a housing or environmental division of a 222
municipal court has jurisdiction outside its territory in a 223
proceeding in aid of execution to subject to the payment of the 224
judgment the interest in personal property of a judgment debtor 225
under a judgment rendered by the court or division. The 226
jurisdiction provided in this division includes the county or 227
counties in which the territory of the court or division in 228
question is situated and any county that is contiguous to that in 229
which the court or division is located. A court or division that 230
has jurisdiction under this division outside its territory in a 231
proceeding in aid of execution has the same powers, duties, and 232
functions relative to the proceeding that it has relative to 233
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proceedings in aid of execution over which it has jurisdiction 234
other than under this division. 235
(C)(1) In any action for garnishment of personal earnings 237
brought in a municipal court, the court has jurisdiction to serve 238
process pursuant to section 2716.05 of the Revised Code upon a 239
garnishee who resides in a county contiguous to that in which the 240
court is located. 241
(2) In any action for garnishment of property, other than 243
personal earnings, brought in a municipal court under section 244
2716.11 of the Revised Code, the court has jurisdiction to serve 245
process pursuant to section 2716.13 of the Revised Code upon a 246
garnishee who resides in a county contiguous to that in which the 247
court is located. 248
(3) Whenever a motion for attachment is filed in a 250
municipal court under section 2715.03 of the Revised Code, the 251
court has jurisdiction to serve process pursuant to section 252
2715.091 of the Revised Code upon a garnishee who resides in a 253
county contiguous to that in which the court is located. 254
(D) The municipal court of Cleveland also has jurisdiction 256
in all actions and proceedings in the nature of creditors' bills, 257
and in aid of execution to subject the interests of a judgment 258
debtor in real or personal property to the payment of a judgment 259
of the court. In such actions and proceedings, the court may 260
proceed to marshal and foreclose all liens on the property 261
irrespective of the amount of the lien, and all vested or 262
contingent rights in the property. 263
Sec. 1907.18. (A) County court judges, within and 272
coextensive with their respective counties, have jurisdiction and 273
authority to: 274
(1) Administer an oath authorized or required by law to be 276
administered; 277
(2) Take acknowledgments of instruments of writing; 279
(3) Issue subpoenas to compel the attendance of witnesses 281
to give evidence in causes or matters pending before the judges, 282
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or for the purpose of taking depositions or perpetuating 283
testimony; 284
(4) Proceed against sheriffs, deputy sheriffs, and 286
constables failing to make return, making false return, or 287
failing to pay over money collected on execution issued by the 288
judges; 289
(5) Try actions against other county court judges for 291
refusing or neglecting to pay over moneys collected in their 292
official capacity when the amount claimed does not exceed five 293
hundred dollars. This division does not deny or impair any 294
remedy provided by law in such a case by suit on the official 295
bond of such a county court judge, or by amercement or otherwise, 296
for neglect or failure to pay over money so collected. 297
(6) Hear actions concerning the issuance and enforcement 299
of, issue, and enforce temporary protection orders pursuant to 300
section 2919.26 of the Revised Code and anti-stalking protection 301
orders pursuant to section 2903.213 of the Revised Code; 302
(7) Hear actions concerning the enforcement of protection 304
orders issued by courts of another state, as defined in section 306
2919.27 of the Revised Code, and to enforce those protection 307
orders.
(B) County court judges may punish contempts, and exercise 309
powers necessary to give effect to the jurisdiction of the court 310
and to enforce its judgments, orders, and decrees, as provided in 311
this chapter or, in the absence of a provision in this chapter, 312
in a manner authorized by the Revised Code or common law for the 313
judges of the courts of common pleas. 314
(C) County court judges have jurisdiction and authority to 316
perform marriage ceremonies anywhere in the state. 317
Sec. 2903.213. (A) Except when the complaint involves a 326
person who is a family or household member as defined in section 327
2919.25 of the Revised Code, upon the filing of a complaint that 328
alleges a violation of section 2903.11, 2903.12, 2903.13, 329
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a 331
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violation of a municipal ordinance substantially similar to 332
section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the 333
Revised Code, the complainant may file a motion that requests the 334
issuance of an anti-stalking A protection order as a pretrial 336
condition of release of the alleged offender, in addition to any 337
bail set under Criminal Rule 46. The motion shall be filed with 338
the clerk of the court that has jurisdiction of the case at any 339
time after the filing of the complaint. If the complaint 340
involves a person who is a family or household member, the 341
complainant may file a motion for a temporary protection order 342
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking A protection order UNDER 344
THIS SECTION shall be prepared on a form that is provided by the 346
clerk of the court, which AND THE form shall be substantially as 347
follows:
"Motion for Anti-stalking Protection Order 348
................. Court 349
Name and address of court 350
State of Ohio 352
v. No. ....... 353
..................................... 354
Name of Defendant 355
(Name of person), the complainant in the above-captioned case, 357
moves the court to issue an anti-stalking A protection order 358
containing terms designed to ensure the safety and protection of 359
the complainant in relation to the named defendant, pursuant to 360
its authority to issue such an A PROTECTION order under section 361
2903.213 of the Revised Code. 363
A complaint, a copy of which has been attached to this 365
motion, has been filed in this court charging the named defendant 366
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 367
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation 369
of a municipal ordinance substantially similar to section 370
2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 371
9
Code.
I understand that I must appear before the court, at a time 373
set by the court not later than the next day that the court is in 374
session after the filing of this motion, for a hearing on the 375
motion, and that any anti-stalking protection order granted 376
pursuant to this motion is a pretrial condition of release and is 377
effective only until the disposition of the criminal proceeding 378
arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER 379
SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER 380
ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS 381
OF THE ATTACHED COMPLAINT.
..................................... 383
Signature of complainant 385
..................................... 387
Address of complainant" 389
(C)(1) As soon as possible after the filing of a motion 391
that requests the issuance of an anti-stalking A protection order 392
UNDER THIS SECTION, but not later than the next day that the 394
court is in session after the filing of the motion, the court 395
shall conduct a hearing to determine whether to issue the order. 396
The complainant shall appear before the court and provide the 397
court with the information that it requests concerning the basis 398
of the motion. If the court finds that the safety and protection 399
of the complainant may be impaired by the continued presence of 400
the alleged offender, the court may issue an anti-stalking A 401
protection order UNDER THIS SECTION, as a pretrial condition of 403
release, that contains terms designed to ensure the safety and 405
protection of the complainant, including a requirement that the 406
alleged offender refrain from entering the residence, school, 407
business, or place of employment of the complainant. 408
(2)(a) IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS 411
SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER 412
REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE 413
OF EMPLOYMENT OF THE COMPLAINANT, THE ORDER SHALL CLEARLY STATE 414
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THAT THE ORDER CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO 415
THE ALLEGED OFFENDER FROM THE COMPLAINANT TO ENTER THE RESIDENCE, 416
SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE ALLEGED 417
OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE 418
CONSENT OF THE COMPLAINANT. 419
(b) DIVISION (C)(2)(a) OF THIS SECTION DOES NOT LIMIT ANY 423
DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER 424
CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, 425
WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 426
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH 427
CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER 428
ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS 429
NOT IN CONTEMPT OF COURT.
(D)(1) Except when the complaint involves a person who is 431
a family or household member as defined in section 2919.25 of the 432
Revised Code, upon the filing of a complaint that alleges a 433
violation specified in division (A) of this section, the court, 434
upon its own motion, may issue an anti-stalking A protection 436
order UNDER THIS SECTION as a pretrial condition of release of 438
the alleged offender if it finds that the safety and protection 439
of the complainant may be impaired by the continued presence of 440
the alleged offender.
(2) If the court issues an anti-stalking A protection 442
order under this section as an ex parte order, it shall conduct, 443
as soon as possible after the issuance of the order but not later 444
than the next day THAT the court is in session after its 445
issuance, a hearing to determine whether the order should remain 446
in effect, be modified, or be revoked. The hearing shall be 447
conducted under the standards set forth in division (C) of this 448
section.
(3) If a municipal court or a county court issues an 451
anti-stalking A protection order under this section and if, 453
subsequent to the issuance of the order, the alleged offender who 454
is the subject of the order is bound over to the court of common 455
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pleas for prosecution of a felony arising out of the same 456
activities as those that were the basis of the complaint upon 457
which the order is based, notwithstanding the fact that the order 458
was issued by a municipal court or county court, the order shall 459
remain in effect, as though it were an order of the court of 460
common pleas, while the charges against the alleged offender are 461
pending in the court of common pleas, for the period of time 462
described in division (E)(2) of this section, and the court of 463
common pleas has exclusive jurisdiction to modify the order 464
issued by the municipal court or county court. This division 466
applies when the alleged offender is bound over to the court of 467
common pleas as a result of the person waiving a preliminary 468
hearing on the felony charge, as a result of the municipal court 469
or county court having determined at a preliminary hearing that 470
there is probable cause to believe that the felony has been 471
committed and that the alleged offender committed it, as a result 472
of the alleged offender having been indicted for the felony, or 473
in any other manner.
(E) An anti-stalking A protection order that is issued as 475
a pretrial condition of release under this section: 476
(1) Is in addition to, but shall not be construed as a 478
part of, any bail set under Criminal Rule 46; 479
(2) Is effective only until the disposition, by the court 481
that issued the order or, in the circumstances described in 482
division (D)(3) of this section, by the court of common pleas to 483
which the alleged offender is bound over for prosecution, of the 484
criminal proceeding arising out of the complaint upon which the 485
order is based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF 487
THE REVISED CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME 488
ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED 489
UNDER THIS SECTION;
(3) Shall not be construed as a finding that the alleged 491
offender committed the alleged offense, and shall not be 492
introduced as evidence of the commission of the offense at the 493
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trial of the alleged offender on the complaint upon which the 494
order is based. 495
(F) A person who meets the criteria for bail under 497
Criminal Rule 46 and who, if required to do so pursuant to that 498
rule, executes or posts bond or deposits cash or securities as 499
bail, shall not be held in custody pending a hearing before the 500
court on a motion requesting an anti-stalking A protection order 501
UNDER THIS SECTION. 502
(G)(1) A copy of any anti-stalking A protection order that 504
is issued under this section shall be issued by the court to the 505
complainant, to the defendant, and to all law enforcement 506
agencies that have jurisdiction to enforce the order. The court 507
shall direct that a copy of the order be delivered to the 508
defendant on the same day that the order is entered. If a 509
municipal court or a county court issues an anti-stalking A 510
protection order under this section and if, subsequent to the 511
issuance of the order, the defendant who is the subject of the 512
order is bound over to the court of common pleas for prosecution 513
as described in division (D)(3) of this section, the municipal 515
court or county court shall direct that a copy of the order be 516
delivered to the court of common pleas to which the defendant is 517
bound over.
(2) All law enforcement agencies shall establish and 519
maintain an index for the anti-stalking protection orders 520
delivered to the agencies pursuant to division (G)(1) of this 521
section. With respect to each order delivered, each agency shall 522
note on the index, the date and time of the AGENCY'S receipt of 523
the order by the agency. 525
(3) Any REGARDLESS OF WHETHER THE PETITIONER HAS 527
REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE 528
OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law 529
enforcement agency shall enforce an anti-stalking A protection 530
order ISSUED PURSUANT TO THIS SECTION in accordance with the 531
provisions of the order. 532
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(H) Upon a violation of an anti-stalking A protection 534
order ISSUED PURSUANT TO THIS SECTION, the court may issue 536
another anti-stalking protection order UNDER THIS SECTION, as a 537
pretrial condition of release, that modifies the terms of the 538
order that was violated. 539
(I) Notwithstanding any provision of law to the contrary, 541
no court shall charge a fee for the filing of a motion pursuant 542
to this section. 543
Sec. 2903.214. (A) AS USED IN THIS SECTION: 545
(1) "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY 547
IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER 548
RESIDES.
(2) "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT 550
AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS 552
SECTION.
(3) "FAMILY OR HOUSEHOLD MEMBER" HAS THE SAME MEANING AS 555
IN SECTION 3113.31 OF THE REVISED CODE. 556
(4) "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" 558
HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE. 560
(B) THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER 562
THIS SECTION. 563
(C) A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE 566
PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF 567
UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD 568
MEMBER, BY FILING A PETITION WITH THE COURT. THE PETITION SHALL 569
CONTAIN OR STATE BOTH OF THE FOLLOWING: 570
(1) AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A 572
VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 573
PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A 574
DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION; 575
(2) A REQUEST FOR RELIEF UNDER THIS SECTION. 577
(D)(1) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS 579
SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX 580
PARTE HEARING AS SOON AS POSSIBLE AFTER THE PETITION IS FILED, 581
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BUT NOT LATER THAN THE NEXT DAY THAT THE COURT IS IN SESSION 582
AFTER THE PETITION IS FILED. THE COURT, FOR GOOD CAUSE SHOWN AT 584
THE EX PARTE HEARING, MAY ENTER ANY TEMPORARY ORDERS, WITH OR 585
WITHOUT BOND, THAT THE COURT FINDS NECESSARY FOR THE SAFETY AND 586
PROTECTION OF THE PERSON TO BE PROTECTED BY THE ORDER. IMMEDIATE 587
AND PRESENT DANGER TO THE PERSON TO BE PROTECTED BY THE
PROTECTION ORDER CONSTITUTES GOOD CAUSE FOR PURPOSES OF THIS 588
SECTION. IMMEDIATE AND PRESENT DANGER INCLUDES, BUT IS NOT 589
LIMITED TO, SITUATIONS IN WHICH THE RESPONDENT HAS THREATENED THE 590
PERSON TO BE PROTECTED BY THE PROTECTION ORDER WITH BODILY HARM 591
OR IN WHICH THE RESPONDENT PREVIOUSLY HAS BEEN CONVICTED OF OR 592
PLEADED GUILTY TO A VIOLATION OF SECTION 2903.211 OF THE REVISED 594
CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER.
(2)(a) IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A 596
PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE 598
COURT SHALL SCHEDULE A FULL HEARING FOR A DATE THAT IS WITHIN TEN 599
COURT DAYS AFTER THE EX PARTE HEARING. THE COURT SHALL GIVE THE 601
RESPONDENT NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL 603
HEARING. THE COURT SHALL HOLD THE FULL HEARING ON THE DATE 604
SCHEDULED UNDER THIS DIVISION UNLESS THE COURT GRANTS A 605
CONTINUANCE OF THE HEARING IN ACCORDANCE WITH THIS DIVISION. 606
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES OR FOR ANY OF THE 607
FOLLOWING REASONS, THE COURT MAY GRANT A CONTINUANCE OF THE FULL 608
HEARING TO A REASONABLE TIME DETERMINED BY THE COURT: 609
(i) PRIOR TO THE DATE SCHEDULED FOR THE FULL HEARING UNDER 612
THIS DIVISION, THE RESPONDENT HAS NOT BEEN SERVED WITH THE 613
PETITION FILED PURSUANT TO THIS SECTION AND NOTICE OF THE FULL 614
HEARING.
(ii) THE PARTIES CONSENT TO THE CONTINUANCE. 617
(iii) THE CONTINUANCE IS NEEDED TO ALLOW A PARTY TO OBTAIN 620
COUNSEL.
(iv) THE CONTINUANCE IS NEEDED FOR OTHER GOOD CAUSE. 623
(b) AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT 626
EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE OF THE FULL HEARING 627
15
UPON THE RESPONDENT BEFORE THE DATE SET FOR THE FULL HEARING 628
UNDER DIVISION (D)(2)(a) OF THIS SECTION OR BECAUSE THE COURT 630
GRANTS A CONTINUANCE UNDER THAT DIVISION. 631
(3) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS 633
SECTION DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON 634
REQUESTS AN EX PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX 635
PARTE ORDER AFTER AN EX PARTE HEARING, THE COURT SHALL PROCEED AS 636
IN A NORMAL CIVIL ACTION AND GRANT A FULL HEARING ON THE MATTER. 637
(E)(1) AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY 639
ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS 641
TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON
TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT 642
LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM 644
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT 645
OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER. IF THE COURT 647
INCLUDES A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM ENTERING 648
THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE 649
PETITIONER OR FAMILY OR HOUSEHOLD MEMBER IN THE ORDER, IT ALSO 650
SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE DESCRIBED IN 651
DIVISION (E)(5) OF THIS SECTION. 652
(2)(a) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS 654
SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN 656
FIVE YEARS FROM THE DATE OF ITS ISSUANCE.
(b) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 658
MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS 660
ISSUED.
(3) A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES 662
A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT 663
MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER 665
DIVISION (E)(1) OF THIS SECTION UNLESS ALL OF THE FOLLOWING 666
APPLY:
(a) THE RESPONDENT FILES A SEPARATE PETITION FOR A 668
PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION. 670
(b) THE PETITIONER IS SERVED WITH NOTICE OF THE 672
16
RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT 675
HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE 676
PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE. 677
(c) IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER 679
PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT 680
DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME 681
SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING 682
WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT. 683
(d) AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS 685
EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE 686
PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT 687
EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED 688
A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 689
PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO 690
THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT 692
TO SECTION 2903.213 OF THE REVISED CODE RELATIVE TO THE PERSON TO
BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS 693
SECTION.
(4) NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 695
SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY. 696
(5)(a) IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS 699
SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER 700
REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE 701
OF EMPLOYMENT OF THE PETITIONER OR A FAMILY OR HOUSEHOLD MEMBER, 702
THE ORDER SHALL CLEARLY STATE THAT THE ORDER CANNOT BE WAIVED OR 703
NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE 704
COMPLAINANT TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF 705
EMPLOYMENT OR BY THE ALLEGED OFFENDER'S ENTRY INTO ONE OF THOSE 706
PLACES OTHERWISE UPON THE CONSENT OF THE PETITIONER OR FAMILY OR 707
HOUSEHOLD MEMBER. 708
(b) DIVISION (E)(5)(a) OF THIS SECTION DOES NOT LIMIT ANY 712
DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER 713
CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, 714
WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 715
17
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH 716
CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER 717
ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS 718
NOT IN CONTEMPT OF COURT.
(F)(1) THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY 720
PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE 723
PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT 724
AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER. THE COURT 725
SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE 726
RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED. 727
(2) ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND 729
MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE 730
AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION. WITH 732
RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE 733
INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER. 734
(3) REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED 736
THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY 738
HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY 739
OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION 740
ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE 742
IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING
REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE. 743
(G) ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED 745
IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A 747
PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR 748
WITHOUT BOND. AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN 749
EX PARTE ORDER, THAT GRANTS A PROTECTION ORDER, OR THAT REFUSES 750
TO GRANT A PROTECTION ORDER, IS A FINAL, APPEALABLE ORDER. THE 752
REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION 753
TO, AND NOT IN LIEU OF, ANY OTHER AVAILABLE CIVIL OR CRIMINAL 754
REMEDIES.
(H) THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT 756
EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE 757
REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER 759
18
LAW.
(I) ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN 761
ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL 762
PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD 763
MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS 764
SECTION AND SECTION 2903.213 OF THE REVISED CODE. 765
(J) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 767
NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT 768
TO THIS SECTION. 769
(K)(1) A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED 771
UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS: 772
(a) CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION 774
2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION 775
ORDER CONSTITUTES A VIOLATION OF THAT SECTION; 776
(b) PUNISHMENT FOR CONTEMPT OF COURT. 778
(2) THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR 780
VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES 781
NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF 783
SECTION 2919.27 OF THE REVISED CODE. HOWEVER, A PERSON PUNISHED 784
FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT 785
IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A 786
PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT 787
SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE 788
SAME ACTIVITY.
(L) IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A 790
PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE. 792
(M)(1) A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 794
THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE 795
REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF 796
THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY 797
COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY 798
REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION 800
(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER
WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE 801
19
WITH THAT DIVISION. A PERSON WHO OBTAINS A PROTECTION ORDER 802
ISSUED BY A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE 803
ISSUANCE OF THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT 804
OFFICIALS IN ANY COUNTY OF THIS STATE BY REGISTERING THE ORDER IN 805
THAT COUNTY PURSUANT TO SECTION 2919.272 OF THE REVISED CODE AND 806
FILING A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT 808
AGENCY IN THAT COUNTY. 809
(2) A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED 812
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 814
THE ORDER IS LOCATED IN THE FOLLOWING MANNER:
(a) THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE 816
ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND 817
PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON 818
PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE 819
COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.
(b) UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR 821
REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL 822
COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION 824
ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT 825
BEARS THAT PROOF OF REGISTRATION.
(3) THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL 828
COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED 829
COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN 832
OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF
THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK. 834
(4) IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 836
THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO 838
REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH 839
THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS 840
SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING 841
APPLY:
(a) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT 843
THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS 845
20
INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE
REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF 846
THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF 847
THIS SECTION. 848
(b) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF 850
COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN 851
THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY 852
PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY 853
FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR 854
REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN 855
ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE 856
PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF
REGISTRATION. 857
Sec. 2919.27. (A) No person shall recklessly violate the 866
terms of any of the following: 867
(1) A protection order issued or consent agreement 869
approved pursuant to section 2919.26 or 3113.31 of the Revised 870
Code;
(2) An anti-stalking A protection order issued pursuant to 872
section 2903.213 OR 2903.214 of the Revised Code; 874
(3) A protection order issued by a court of another state. 876
(B) Whoever violates this section is guilty of violating a 878
protection order. 879
(1) If the offense involves a violation of division (A)(1) 882
or (3) of this section, one of the following applies: 884
(a) Except as otherwise provided in division (B)(1)(b) of 887
this section, violating a protection order is a misdemeanor of 888
the first degree.
(b) If the offender previously has been convicted of or 891
pleaded guilty to two or more violations of section 2903.211 or 892
2911.211 of the Revised Code that involved the same person who is 893
the subject of the protection order or consent agreement or 894
previously has been convicted of or pleaded guilty to one or more 896
violations of this section, violating a protection order is a 898
21
felony of the fifth degree.
(2) If the offense involves a violation of division (A)(2) 900
of this section, one of the following applies: 902
(a) Except as otherwise provided in division (B)(2)(b) of 905
this section, violating a protection order is a misdemeanor of 907
the first degree.
(b) If the offender previously has been convicted of or 909
pleaded guilty to two or more violations of this section or of 910
former section 2919.27 of the Revised Code involving an 911
anti-stalking A protection order ISSUED PURSUANT TO SECTION 912
2903.213 OR 2903.214 OF THE REVISED CODE, two or more violations 913
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 915
Code that involved the same person who is the subject of the 917
anti-stalking protection order, or two or more violations of 918
section 2903.214 of the Revised Code as it existed prior to July 920
1, 1996, violating a protection order is a felony of the fifth 921
degree.
(C) It is an affirmative defense to a charge under 924
division (A)(3) of this section that the protection order issued 925
by a court of another state does not comply with the requirements 926
specified in 18 U.S.C. 2265(b) for a protection order that must 928
be accorded full faith and credit by a court of this state or 929
that it is not entitled to full faith and credit under 18 U.S.C. 931
2265(c).
(D) As used in this section, "protection order issued by a 934
court of another state" means an injunction or another order 935
issued by a criminal court of another state for the purpose of 936
preventing violent or threatening acts or harassment against, 937
contact or communication with, or physical proximity to another 938
person, including a temporary order, and means an injunction or 939
order of that nature issued by a civil court of another state, 940
including a temporary order and a final order issued in an 941
independent action or as a pendente lite order in a proceeding
for other relief, if the court issued it in response to a 943
22
complaint, petition, or motion filed by or on behalf of a person 944
seeking protection. "Protection order issued by a court of 945
another state" does not include an order for support or for 946
custody of a child.
Sec. 2919.271. (A)(1) If a defendant is charged with a 955
violation of section 2919.27 of the Revised Code or of a 956
municipal ordinance that is substantially similar to that 957
section, the court may order an evaluation of the mental 958
condition of the defendant if the court determines that either of 959
the following criteria apply: 960
(a) If the alleged violation is a violation of a 962
protection order issued or consent agreement approved pursuant to 963
section 2919.26 or 3113.31 of the Revised Code, that the 964
violation allegedly involves conduct by the defendant that caused 965
physical harm to the person or property of a family or household 966
member covered by the order or agreement, or conduct by the 967
defendant that caused a family or household member to believe 968
that the defendant would cause physical harm to that member or 969
that member's property.
(b) If the alleged violation is a violation of an 971
anti-stalking A protection order issued pursuant to section 973
2903.213 OR 2903.214 of the Revised Code or a protection order 975
issued by a court of another state, that the violation allegedly 977
involves conduct by the defendant that caused physical harm to
the person or property of the person covered by the order, or 978
conduct by the defendant that caused the person covered by the 979
order to believe that the defendant would cause physical harm to 980
that person or that person's property.
(2) The evaluation shall be completed no later than thirty 982
days from the date the order is entered pursuant to division 983
(A)(1) of this section. In that order, the court shall do either 984
of the following: 985
(a) Order that the evaluation of the mental condition of 987
the defendant be preceded by an examination conducted either by a 988
23
forensic center that is designated by the department of mental 989
health to conduct examinations and make evaluations of defendants 990
charged with violations of section 2919.27 of the Revised Code or 991
of substantially similar municipal ordinances in the area in 992
which the court is located, or by any other program or facility 993
that is designated by the department of mental health or the 994
department of mental retardation and developmental disabilities 995
to conduct examinations and make evaluations of defendants 996
charged with violations of section 2919.27 of the Revised Code or 997
of substantially similar municipal ordinances, and that is 998
operated by either department or is certified by either 999
department as being in compliance with the standards established 1,000
under division (J) of section 5119.01 of the Revised Code or 1,001
division (C) of section 5123.04 of the Revised Code. 1,002
(b) Designate a center, program, or facility other than 1,004
one designated by the department of mental health or the 1,005
department of mental retardation and developmental disabilities, 1,006
as described in division (A)(2)(a) of this section, to conduct 1,008
the evaluation and preceding examination of the mental condition 1,009
of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or 1,011
(b) of this section, the court may designate examiners other than 1,012
the personnel of the center, program, facility, or department 1,013
involved to make the evaluation and preceding examination of the 1,014
mental condition of the defendant. 1,015
(B) If the court considers that additional evaluations of 1,017
the mental condition of a defendant are necessary following the 1,018
evaluation authorized by division (A) of this section, the court 1,019
may order up to two additional similar evaluations. These 1,020
evaluations shall be completed no later than thirty days from the 1,021
date the applicable court order is entered. If more than one 1,022
evaluation of the mental condition of the defendant is ordered 1,023
under this division, the prosecutor and the defendant may 1,024
recommend to the court an examiner whom each prefers to perform 1,025
24
one of the evaluations and preceding examinations. 1,026
(C)(1) The court may order a defendant who has been 1,028
released on bail to submit to an examination under division (A) 1,029
or (B) of this section. The examination shall be conducted 1,030
either at the detention facility in which the defendant would 1,031
have been confined if the defendant had not been released on 1,032
bail, or, if so specified by the center, program, facility, or 1,033
examiners involved, at the premises of the center, program, or 1,034
facility. Additionally, the examination shall be conducted at 1,035
the times established by the examiners involved. If such a 1,036
defendant refuses to submit to an examination or a complete 1,037
examination as required by the court or the center, program, 1,038
facility, or examiners involved, the court may amend the 1,039
conditions of the bail of the defendant and order the sheriff to 1,040
take the defendant into custody and deliver the defendant to the 1,041
detention facility in which the defendant would have been 1,042
confined if the defendant had not been released on bail, or, if 1,044
so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, 1,045
for purposes of the examination. 1,046
(2) A defendant who has not been released on bail shall be 1,048
examined at the detention facility in which the defendant is 1,049
confined or, if so specified by the center, program, facility, or 1,051
examiners involved, at the premises of the center, program, or 1,052
facility.
(D) The examiner of the mental condition of a defendant 1,054
under division (A) or (B) of this section shall file a written 1,055
report with the court within thirty days after the entry of an 1,056
order for the evaluation of the mental condition of the 1,057
defendant. The report shall contain the findings of the 1,058
examiner; the facts in reasonable detail on which the findings 1,059
are based; the opinion of the examiner as to the mental condition 1,060
of the defendant; the opinion of the examiner as to whether the 1,061
defendant represents a substantial risk of physical harm to other 1,062
25
persons as manifested by evidence of recent homicidal or other 1,063
violent behavior, evidence of recent threats that placed other 1,064
persons in reasonable fear of violent behavior and serious 1,065
physical harm, or evidence of present dangerousness; and the 1,066
opinion of the examiner as to the types of treatment or 1,067
counseling that the defendant needs. The court shall provide 1,068
copies of the report to the prosecutor and defense counsel. 1,069
(E) The costs of any evaluation and preceding examination 1,071
of a defendant that is ordered pursuant to division (A) or (B) of 1,072
this section shall be taxed as court costs in the criminal case. 1,073
(F) If the examiner considers it necessary in order to 1,075
make an accurate evaluation of the mental condition of a 1,076
defendant, an examiner under division (A) or (B) of this section 1,077
may request any family or household member of the defendant to 1,078
provide the examiner with information. A family or household 1,079
member may, but is not required to, provide information to the 1,080
examiner upon receipt of the request. 1,081
(G) As used in this section: 1,083
(1) "Bail" includes a recognizance. 1,085
(2) "Examiner" means a psychiatrist, a licensed 1,087
independent social worker who is employed by a forensic center 1,089
that is certified as being in compliance with the standards 1,090
established under division (J) of section 5119.01 or division (C) 1,091
of section 5123.04 of the Revised Code, a licensed professional 1,092
clinical counselor who is employed at a forensic center that is 1,093
certified as being in compliance with such standards, or a 1,094
licensed clinical psychologist, except that in order to be an 1,095
examiner, a licensed clinical psychologist shall meet the 1,096
criteria of division (I)(1) of section 5122.01 of the Revised 1,097
Code or be employed to conduct examinations by the department of 1,098
mental health or by a forensic center certified as being in 1,099
compliance with the standards established under division (J) of 1,100
section 5119.01 or division (C) of section 5123.04 of the Revised 1,101
Code that is designated by the department of mental health. 1,102
26
(3) "Family or household member" has the same meaning as 1,104
in section 2919.25 of the Revised Code. 1,105
(4) "Prosecutor" has the same meaning as in section 1,107
2935.01 of the Revised Code. 1,108
(5) "Psychiatrist" and "licensed clinical psychologist" 1,111
have the same meanings as in section 5122.01 of the Revised Code. 1,112
(6) "Protection order issued by a court of another state" 1,114
has the same meaning as in section 2919.27 of the Revised Code. 1,115
Sec. 2937.23. (A) In a case involving a felony, the judge 1,125
or magistrate shall fix the amount of bail. In a case involving
a misdemeanor or a violation of a municipal ordinance and not 1,126
involving a felony, the judge, magistrate, or clerk of the court 1,127
may fix the amount of bail and may do so in accordance with a 1,128
schedule previously fixed by the judge or magistrate, or, in a 1,130
case when the judge, magistrate, or clerk of the court is not 1,131
readily available, the sheriff, deputy sheriff, marshal, deputy 1,132
marshal, police officer, or jailer having custody of the person 1,133
charged may fix the amount of bail in accordance with a schedule 1,135
previously fixed by the judge or magistrate and shall take the 1,136
bail only in the county courthouse, the municipal or township 1,137
building, or the county or municipal jail. In all cases, the 1,138
bail shall be fixed with consideration of the seriousness of the 1,139
offense charged, the previous criminal record of the defendant, 1,140
and the probability of the defendant appearing at the trial of 1,141
the case.
(B) In any case involving an alleged violation of section 1,143
2919.27 of the Revised Code or of a municipal ordinance that is 1,144
substantially similar to that section and in which the court 1,145
finds that either of the following criteria applies, the court 1,146
shall determine whether it will order an evaluation of the mental 1,147
condition of the defendant pursuant to section 2919.271 of the 1,148
Revised Code and, if it decides to so order, shall issue the 1,149
order requiring that evaluation before it sets bail for the 1,150
person charged with the violation:
27
(1) Regarding an alleged violation of a temporary 1,152
protection order ISSUED or consent agreement APPROVED PURSUANT TO 1,153
SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the 1,154
violation allegedly involves conduct by the defendant that caused 1,157
physical harm to the person or property of a family or household 1,158
member covered by the order or agreement or conduct by that 1,159
defendant that caused a family or household member to believe 1,160
that the defendant would cause physical harm to that member or 1,161
that member's property; 1,162
(2) Regarding an alleged violation of an anti-stalking A 1,164
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 1,165
OF THE REVISED CODE, or a protection order issued by a court of 1,167
another state, as defined in section 2919.27 of the Revised Code, 1,168
that the violation allegedly involves conduct by the defendant 1,170
that caused physical harm to the person or property of the person 1,171
covered by the order or conduct by that defendant that caused the 1,172
person covered by the order to believe that the defendant would 1,173
cause physical harm to that person or that person's property. 1,174
Section 2. That existing sections 737.11, 1901.18, 1,176
1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the 1,178
Revised Code are hereby repealed.