As Passed by the House                        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-CORBIN-ROBERTS-MOTTLEY-HAINES-GRENDELL-    9            

     VESPER-MASON-TIBERI-CLANCY-CALLENDER-MOTTL-ROMAN-LEWIS-       10           

  SAWYER-FORD-SULZER-LOGAN-BRADING-OLMAN-HARRIS-MYERS-SALERNO-     11           

   TERWILLEGER-PADGETT-THOMAS-O'BRIEN-WINKLER-COLONNA-METZGER-     12           

     KREBS-THOMPSON-BENDER-WESTON-BUCHY-BRITTON-CAREY-BRADY-       13           

                          MILLER-VERICH                            14           


                                                                   17           

                           A   B I L L                                          

             To amend section 2903.213 of the Revised Code to      19           

                authorize the issuance of an anti-stalking         20           

                protection order upon the filing of a  complaint   21           

                that alleges the commission of an assault offense  22           

                or a violation of certain municipal ordinances.    23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That section 2903.213 of the Revised Code be     27           

amended to read as follows:                                        28           

      Sec. 2903.213.  (A)  Except when the complaint involves a    37           

person who is a family or household member as defined in section   38           

2919.25 of the Revised Code, upon the filing of a complaint that   39           

alleges a violation of section 2903.11, 2903.12, 2903.13,          40           

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code OR A   42           

VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO        43           

SECTION 2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE    44           

REVISED CODE, the complainant may file a motion that requests the  45           

issuance of an anti-stalking protection order as a pretrial        46           

condition of release of the alleged offender, in addition to any   47           

bail set under Criminal Rule 46.  The motion shall be filed with   48           

the clerk of the court that has jurisdiction of the case at any    49           

                                                          2      

                                                                 
time after the filing of the complaint.  If the complaint          50           

involves a person who is a family or household member, the         51           

complainant may file a motion for a temporary protection order     52           

pursuant to section 2919.26 of the Revised Code.                                

      (B)  A motion for an anti-stalking protection order shall    54           

be prepared on a form that is provided by the clerk of the court,  55           

which form shall be substantially as follows:                      56           

           "Motion for Anti-stalking Protection Order              57           

                     ................. Court                       58           

                    Name and address of court                      59           

State of Ohio                                                      61           

      v.                                         No. .......       62           

.....................................                              63           

Name of Defendant                                                  64           

(Name of person), the complainant in the above-captioned case,     66           

moves the court to issue an anti-stalking protection order         67           

containing terms designed to ensure the safety and protection of   68           

the complainant in relation to the named defendant, pursuant to    69           

its authority to issue such an order under section 2903.213 of     70           

the Revised Code.                                                  71           

      A complaint, a copy of which has been attached to this       73           

motion, has been filed in this court charging the named defendant  74           

with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,    75           

2903.211, 2903.22, or 2911.211 of the Revised Code OR A VIOLATION  77           

OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO SECTION          78           

2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE REVISED    79           

CODE.                                                                           

      I understand that I must appear before the court, at a time  81           

set by the court not later than the next day that the court is in  82           

session after the filing of this motion, for a hearing on the      83           

motion, and that any anti-stalking protection order granted        84           

pursuant to this motion is a pretrial condition of release and is  85           

effective only until the disposition of the criminal proceeding    86           

arising out of the attached complaint.                             87           

                                                          3      

                                                                 
.....................................                              89           

Signature of complainant                                           91           

.....................................                              93           

Address of complainant"                                            95           

      (C)  As soon as possible after the filing of a motion that   97           

requests the issuance of an anti-stalking protection order, but    98           

not later than the next day that the court is in session after     99           

the filing of the motion, the court shall conduct a hearing to     100          

determine whether to issue the order.  The complainant shall       101          

appear before the court and provide the court with the             102          

information that it requests concerning the basis of the motion.   103          

If the court finds that the safety and protection of the           104          

complainant may be impaired by the continued presence of the       105          

alleged offender, the court may issue an anti-stalking protection  106          

order, as a pretrial condition of release, that contains terms     107          

designed to ensure the safety and protection of the complainant,   108          

including a requirement that the alleged offender refrain from     109          

entering the residence, school, business, or place of employment   110          

of the complainant.                                                111          

      (D)(1)  Except when the complaint involves a person who is   113          

a family or household member as defined in section 2919.25 of the  114          

Revised Code, upon the filing of a complaint that alleges a        115          

violation SPECIFIED IN DIVISION (A) of THIS section 2903.21,       117          

2903.211, 2903.22, or 2911.211 of the Revised Code, the court,     118          

upon its own motion, may issue an anti-stalking protection order   119          

as a pretrial condition of release of the alleged offender if it   120          

finds that the safety and protection of the complainant may be     121          

impaired by the continued presence of the alleged offender.        122          

      (2)  If the court issues an anti-stalking protection order   124          

under this section as an ex parte order, it shall conduct, as      125          

soon as possible after the issuance of the order but not later     126          

than the next day the court is in session after its issuance, a    127          

hearing to determine whether the order should remain in effect,    128          

be modified, or be revoked.  The hearing shall be conducted under  129          

                                                          4      

                                                                 
the standards set forth in division (C) of this section.           130          

      (E)  An anti-stalking protection order that is issued as a   132          

pretrial condition of release under this section:                  133          

      (1)  Is in addition to, but shall not be construed as a      135          

part of, any bail set under Criminal Rule 46;                      136          

      (2)  Is effective only until the disposition of the          138          

criminal proceeding arising out of the complaint upon which it is  139          

based;                                                             140          

      (3)  Shall not be construed as a finding that the alleged    142          

offender committed the alleged offense, and shall not be           143          

introduced as evidence of the commission of the offense at the     144          

trial of the alleged offender on the complaint upon which the      145          

order is based.                                                    146          

      (F)  A person who meets the criteria for bail under          148          

Criminal Rule 46 and who, if required to do so pursuant to that    149          

rule, executes or posts bond or deposits cash or securities as     150          

bail, shall not be held in custody pending a hearing before the    151          

court on a motion requesting an anti-stalking protection order.    152          

      (G)(1)  A copy of any anti-stalking protection order that    154          

is issued under this section shall be issued by the court to the   155          

complainant, to the defendant, and to all law enforcement          156          

agencies that have jurisdiction to enforce the order.  The court   157          

shall direct that a copy of the order be delivered to the          158          

defendant on the same day that the order is entered.               159          

      (2)  All law enforcement agencies shall establish and        161          

maintain an index for the anti-stalking protection orders          162          

delivered to the agencies pursuant to division (G)(1) of this      163          

section.  With respect to each order delivered, each agency shall  164          

note on the index, the date and time of the receipt of the order   165          

by the agency.                                                     166          

      (3)  Any officer of a law enforcement agency shall enforce   168          

an anti-stalking protection order in accordance with the           169          

provisions of the order.                                           170          

      (H)  Upon a violation of an anti-stalking protection order,  172          

                                                          5      

                                                                 
the court may issue another anti-stalking protection order, as a   173          

pretrial condition of release, that modifies the terms of the      174          

order that was violated.                                           175          

      (I)  Notwithstanding any provision of law to the contrary,   177          

no court shall charge a fee for the filing of a motion pursuant    178          

to this section.                                                   179          

      Section 2.  That existing section 2903.213 of the Revised    181          

Code is hereby repealed.                                           182