As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 93    5            

      1997-1998                                                    6            


     REPRESENTATIVES REID-FOX-JACOBSON-MALLORY-LUCAS-SUTTON-       8            

                      WOMER BENJAMIN-GARCIA                        9            


                                                                   11           

                           A   B I L L                                          

             To amend section 2903.213 of the Revised Code to      13           

                authorize the issuance of an anti-stalking         14           

                protection order upon the filing of a  complaint   15           

                that alleges the commission of an assault offense  16           

                or a violation of certain municipal ordinances.    17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 2903.213 of the Revised Code be     21           

amended to read as follows:                                        22           

      Sec. 2903.213.  (A)  Except when the complaint involves a    31           

person who is a family or household member as defined in section   32           

2919.25 of the Revised Code, upon the filing of a complaint that   33           

alleges a violation of section 2903.11, 2903.12, 2903.13,          34           

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code OR A   36           

VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO        37           

SECTION 2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE    38           

REVISED CODE, the complainant may file a motion that requests the  39           

issuance of an anti-stalking protection order as a pretrial        40           

condition of release of the alleged offender, in addition to any   41           

bail set under Criminal Rule 46.  The motion shall be filed with   42           

the clerk of the court that has jurisdiction of the case at any    43           

time after the filing of the complaint.  If the complaint          44           

involves a person who is a family or household member, the         45           

complainant may file a motion for a temporary protection order     46           

pursuant to section 2919.26 of the Revised Code.                                

      (B)  A motion for an anti-stalking protection order shall    48           

                                                          2      

                                                                 
be prepared on a form that is provided by the clerk of the court,  49           

which form shall be substantially as follows:                      50           

           "Motion for Anti-stalking Protection Order              51           

                     ................. Court                       52           

                    Name and address of court                      53           

State of Ohio                                                      55           

      v.                                         No. .......       56           

.....................................                              57           

Name of Defendant                                                  58           

(Name of person), the complainant in the above-captioned case,     60           

moves the court to issue an anti-stalking protection order         61           

containing terms designed to ensure the safety and protection of   62           

the complainant in relation to the named defendant, pursuant to    63           

its authority to issue such an order under section 2903.213 of     64           

the Revised Code.                                                  65           

      A complaint, a copy of which has been attached to this       67           

motion, has been filed in this court charging the named defendant  68           

with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,    69           

2903.211, 2903.22, or 2911.211 of the Revised Code OR A VIOLATION  71           

OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO SECTION          72           

2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE REVISED    73           

CODE.                                                                           

      I understand that I must appear before the court, at a time  75           

set by the court not later than the next day that the court is in  76           

session after the filing of this motion, for a hearing on the      77           

motion, and that any anti-stalking protection order granted        78           

pursuant to this motion is a pretrial condition of release and is  79           

effective only until the disposition of the criminal proceeding    80           

arising out of the attached complaint.                             81           

.....................................                              83           

Signature of complainant                                           85           

.....................................                              87           

Address of complainant"                                            89           

      (C)  As soon as possible after the filing of a motion that   91           

                                                          3      

                                                                 
requests the issuance of an anti-stalking protection order, but    92           

not later than the next day that the court is in session after     93           

the filing of the motion, the court shall conduct a hearing to     94           

determine whether to issue the order.  The complainant shall       95           

appear before the court and provide the court with the             96           

information that it requests concerning the basis of the motion.   97           

If the court finds that the safety and protection of the           98           

complainant may be impaired by the continued presence of the       99           

alleged offender, the court may issue an anti-stalking protection  100          

order, as a pretrial condition of release, that contains terms     101          

designed to ensure the safety and protection of the complainant,   102          

including a requirement that the alleged offender refrain from     103          

entering the residence, school, business, or place of employment   104          

of the complainant.                                                105          

      (D)(1)  Except when the complaint involves a person who is   107          

a family or household member as defined in section 2919.25 of the  108          

Revised Code, upon the filing of a complaint that alleges a        109          

violation SPECIFIED IN DIVISION (A) of THIS section 2903.21,       111          

2903.211, 2903.22, or 2911.211 of the Revised Code, the court,     112          

upon its own motion, may issue an anti-stalking protection order   113          

as a pretrial condition of release of the alleged offender if it   114          

finds that the safety and protection of the complainant may be     115          

impaired by the continued presence of the alleged offender.        116          

      (2)  If the court issues an anti-stalking protection order   118          

under this section as an ex parte order, it shall conduct, as      119          

soon as possible after the issuance of the order but not later     120          

than the next day the court is in session after its issuance, a    121          

hearing to determine whether the order should remain in effect,    122          

be modified, or be revoked.  The hearing shall be conducted under  123          

the standards set forth in division (C) of this section.           124          

      (E)  An anti-stalking protection order that is issued as a   126          

pretrial condition of release under this section:                  127          

      (1)  Is in addition to, but shall not be construed as a      129          

part of, any bail set under Criminal Rule 46;                      130          

                                                          4      

                                                                 
      (2)  Is effective only until the disposition of the          132          

criminal proceeding arising out of the complaint upon which it is  133          

based;                                                             134          

      (3)  Shall not be construed as a finding that the alleged    136          

offender committed the alleged offense, and shall not be           137          

introduced as evidence of the commission of the offense at the     138          

trial of the alleged offender on the complaint upon which the      139          

order is based.                                                    140          

      (F)  A person who meets the criteria for bail under          142          

Criminal Rule 46 and who, if required to do so pursuant to that    143          

rule, executes or posts bond or deposits cash or securities as     144          

bail, shall not be held in custody pending a hearing before the    145          

court on a motion requesting an anti-stalking protection order.    146          

      (G)(1)  A copy of any anti-stalking protection order that    148          

is issued under this section shall be issued by the court to the   149          

complainant, to the defendant, and to all law enforcement          150          

agencies that have jurisdiction to enforce the order.  The court   151          

shall direct that a copy of the order be delivered to the          152          

defendant on the same day that the order is entered.               153          

      (2)  All law enforcement agencies shall establish and        155          

maintain an index for the anti-stalking protection orders          156          

delivered to the agencies pursuant to division (G)(1) of this      157          

section.  With respect to each order delivered, each agency shall  158          

note on the index, the date and time of the receipt of the order   159          

by the agency.                                                     160          

      (3)  Any officer of a law enforcement agency shall enforce   162          

an anti-stalking protection order in accordance with the           163          

provisions of the order.                                           164          

      (H)  Upon a violation of an anti-stalking protection order,  166          

the court may issue another anti-stalking protection order, as a   167          

pretrial condition of release, that modifies the terms of the      168          

order that was violated.                                           169          

      (I)  Notwithstanding any provision of law to the contrary,   171          

no court shall charge a fee for the filing of a motion pursuant    172          

                                                          5      

                                                                 
to this section.                                                   173          

      Section 2.  That existing section 2903.213 of the Revised    175          

Code is hereby repealed.                                           176