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
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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
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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
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(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
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to this section. 173
Section 2. That existing section 2903.213 of the Revised 175
Code is hereby repealed. 176