As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 93 5
1997-1998 6
REPRESENTATIVES REID-FOX-JACOBSON-MALLORY 8
10
A B I L L
To amend section 2903.213 of the Revised Code to 12
authorize the issuance of an anti-stalking 13
protection order upon the filing of a complaint 14
that alleges the commission of an assault offense 15
or a violation of certain municipal ordinances. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2903.213 of the Revised Code be 20
amended to read as follows: 21
Sec. 2903.213. (A) Except when the complaint involves a 30
person who is a family or household member as defined in section 31
2919.25 of the Revised Code, upon the filing of a complaint that 32
alleges a violation of section 2903.11, 2903.12, 2903.13, 33
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code OR A 35
VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO 36
SECTION 2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE 37
REVISED CODE, the complainant may file a motion that requests the 38
issuance of an anti-stalking protection order as a pretrial 39
condition of release of the alleged offender, in addition to any 40
bail set under Criminal Rule 46. The motion shall be filed with 41
the clerk of the court that has jurisdiction of the case at any 42
time after the filing of the complaint. If the complaint 43
involves a person who is a family or household member, the 44
complainant may file a motion for a temporary protection order 45
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking protection order shall 47
be prepared on a form that is provided by the clerk of the court, 48
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which form shall be substantially as follows: 49
"Motion for Anti-stalking Protection Order 50
................. Court 51
Name and address of court 52
State of Ohio 54
v. No. ....... 55
..................................... 56
Name of Defendant 57
(Name of person), the complainant in the above-captioned case, 59
moves the court to issue an anti-stalking protection order 60
containing terms designed to ensure the safety and protection of 61
the complainant in relation to the named defendant, pursuant to 62
its authority to issue such an order under section 2903.213 of 63
the Revised Code. 64
A complaint, a copy of which has been attached to this 66
motion, has been filed in this court charging the named defendant 67
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 68
2903.211, 2903.22, or 2911.211 of the Revised Code OR A VIOLATION 70
OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO SECTION 71
2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE REVISED 72
CODE.
I understand that I must appear before the court, at a time 74
set by the court not later than the next day that the court is in 75
session after the filing of this motion, for a hearing on the 76
motion, and that any anti-stalking protection order granted 77
pursuant to this motion is a pretrial condition of release and is 78
effective only until the disposition of the criminal proceeding 79
arising out of the attached complaint. 80
..................................... 82
Signature of complainant 84
..................................... 86
Address of complainant" 88
(C) As soon as possible after the filing of a motion that 90
requests the issuance of an anti-stalking protection order, but 91
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not later than the next day that the court is in session after 92
the filing of the motion, the court shall conduct a hearing to 93
determine whether to issue the order. The complainant shall 94
appear before the court and provide the court with the 95
information that it requests concerning the basis of the motion. 96
If the court finds that the safety and protection of the 97
complainant may be impaired by the continued presence of the 98
alleged offender, the court may issue an anti-stalking protection 99
order, as a pretrial condition of release, that contains terms 100
designed to ensure the safety and protection of the complainant, 101
including a requirement that the alleged offender refrain from 102
entering the residence, school, business, or place of employment 103
of the complainant. 104
(D)(1) Except when the complaint involves a person who is 106
a family or household member as defined in section 2919.25 of the 107
Revised Code, upon the filing of a complaint that alleges a 108
violation SPECIFIED IN DIVISION (A) of THIS section 2903.21, 110
2903.211, 2903.22, or 2911.211 of the Revised Code, the court, 111
upon its own motion, may issue an anti-stalking protection order 112
as a pretrial condition of release of the alleged offender if it 113
finds that the safety and protection of the complainant may be 114
impaired by the continued presence of the alleged offender. 115
(2) If the court issues an anti-stalking protection order 117
under this section as an ex parte order, it shall conduct, as 118
soon as possible after the issuance of the order but not later 119
than the next day the court is in session after its issuance, a 120
hearing to determine whether the order should remain in effect, 121
be modified, or be revoked. The hearing shall be conducted under 122
the standards set forth in division (C) of this section. 123
(E) An anti-stalking protection order that is issued as a 125
pretrial condition of release under this section: 126
(1) Is in addition to, but shall not be construed as a 128
part of, any bail set under Criminal Rule 46; 129
(2) Is effective only until the disposition of the 131
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criminal proceeding arising out of the complaint upon which it is 132
based; 133
(3) Shall not be construed as a finding that the alleged 135
offender committed the alleged offense, and shall not be 136
introduced as evidence of the commission of the offense at the 137
trial of the alleged offender on the complaint upon which the 138
order is based. 139
(F) A person who meets the criteria for bail under 141
Criminal Rule 46 and who, if required to do so pursuant to that 142
rule, executes or posts bond or deposits cash or securities as 143
bail, shall not be held in custody pending a hearing before the 144
court on a motion requesting an anti-stalking protection order. 145
(G)(1) A copy of any anti-stalking protection order that 147
is issued under this section shall be issued by the court to the 148
complainant, to the defendant, and to all law enforcement 149
agencies that have jurisdiction to enforce the order. The court 150
shall direct that a copy of the order be delivered to the 151
defendant on the same day that the order is entered. 152
(2) All law enforcement agencies shall establish and 154
maintain an index for the anti-stalking protection orders 155
delivered to the agencies pursuant to division (G)(1) of this 156
section. With respect to each order delivered, each agency shall 157
note on the index, the date and time of the receipt of the order 158
by the agency. 159
(3) Any officer of a law enforcement agency shall enforce 161
an anti-stalking protection order in accordance with the 162
provisions of the order. 163
(H) Upon a violation of an anti-stalking protection order, 165
the court may issue another anti-stalking protection order, as a 166
pretrial condition of release, that modifies the terms of the 167
order that was violated. 168
(I) Notwithstanding any provision of law to the contrary, 170
no court shall charge a fee for the filing of a motion pursuant 171
to this section. 172
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Section 2. That existing section 2903.213 of the Revised 174
Code is hereby repealed. 175