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
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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
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..................................... 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
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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
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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