As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. 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-MILLER- 13
VERICH-SENATORS BLESSING-LATTA-B. JOHNSON-HOWARD-OELSLAGER 14
16
A B I L L
To amend sections 2903.213 and 2950.03 of the 18
Revised Code to authorize the issuance of an 19
anti-stalking protection order upon the filing of 20
a complaint that alleges the commission of an 22
assault offense or a violation of certain
municipal ordinances and to modify the source of 23
the offender's criminal history that a judge or 24
detention facility official must obtain in
relation to a notice to be provided under the Sex 25
Offender Registration and Notification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2903.213 and 2950.03 of the 29
Revised Code be amended to read as follows: 31
Sec. 2903.213. (A) Except when the complaint involves a 40
person who is a family or household member as defined in section 41
2919.25 of the Revised Code, upon the filing of a complaint that 42
alleges a violation of section 2903.11, 2903.12, 2903.13, 43
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code OR A 45
VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO 46
SECTION 2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE 47
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REVISED CODE, the complainant may file a motion that requests the 48
issuance of an anti-stalking protection order as a pretrial 49
condition of release of the alleged offender, in addition to any 50
bail set under Criminal Rule 46. The motion shall be filed with 51
the clerk of the court that has jurisdiction of the case at any 52
time after the filing of the complaint. If the complaint 53
involves a person who is a family or household member, the 54
complainant may file a motion for a temporary protection order 55
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking protection order shall 57
be prepared on a form that is provided by the clerk of the court, 58
which form shall be substantially as follows: 59
"Motion for Anti-stalking Protection Order 60
................. Court 61
Name and address of court 62
State of Ohio 64
v. No. ....... 65
..................................... 66
Name of Defendant 67
(Name of person), the complainant in the above-captioned case, 69
moves the court to issue an anti-stalking protection order 70
containing terms designed to ensure the safety and protection of 71
the complainant in relation to the named defendant, pursuant to 72
its authority to issue such an order under section 2903.213 of 73
the Revised Code. 74
A complaint, a copy of which has been attached to this 76
motion, has been filed in this court charging the named defendant 77
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 78
2903.211, 2903.22, or 2911.211 of the Revised Code OR A VIOLATION 80
OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO SECTION 81
2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE REVISED 82
CODE.
I understand that I must appear before the court, at a time 84
set by the court not later than the next day that the court is in 85
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session after the filing of this motion, for a hearing on the 86
motion, and that any anti-stalking protection order granted 87
pursuant to this motion is a pretrial condition of release and is 88
effective only until the disposition of the criminal proceeding 89
arising out of the attached complaint. 90
..................................... 92
Signature of complainant 94
..................................... 96
Address of complainant" 98
(C) As soon as possible after the filing of a motion that 100
requests the issuance of an anti-stalking protection order, but 101
not later than the next day that the court is in session after 102
the filing of the motion, the court shall conduct a hearing to 103
determine whether to issue the order. The complainant shall 104
appear before the court and provide the court with the 105
information that it requests concerning the basis of the motion. 106
If the court finds that the safety and protection of the 107
complainant may be impaired by the continued presence of the 108
alleged offender, the court may issue an anti-stalking protection 109
order, as a pretrial condition of release, that contains terms 110
designed to ensure the safety and protection of the complainant, 111
including a requirement that the alleged offender refrain from 112
entering the residence, school, business, or place of employment 113
of the complainant. 114
(D)(1) Except when the complaint involves a person who is 116
a family or household member as defined in section 2919.25 of the 117
Revised Code, upon the filing of a complaint that alleges a 118
violation SPECIFIED IN DIVISION (A) of THIS section 2903.21, 120
2903.211, 2903.22, or 2911.211 of the Revised Code, the court, 121
upon its own motion, may issue an anti-stalking protection order 122
as a pretrial condition of release of the alleged offender if it 123
finds that the safety and protection of the complainant may be 124
impaired by the continued presence of the alleged offender. 125
(2) If the court issues an anti-stalking protection order 127
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under this section as an ex parte order, it shall conduct, as 128
soon as possible after the issuance of the order but not later 129
than the next day the court is in session after its issuance, a 130
hearing to determine whether the order should remain in effect, 131
be modified, or be revoked. The hearing shall be conducted under 132
the standards set forth in division (C) of this section. 133
(E) An anti-stalking protection order that is issued as a 135
pretrial condition of release under this section: 136
(1) Is in addition to, but shall not be construed as a 138
part of, any bail set under Criminal Rule 46; 139
(2) Is effective only until the disposition of the 141
criminal proceeding arising out of the complaint upon which it is 142
based; 143
(3) Shall not be construed as a finding that the alleged 145
offender committed the alleged offense, and shall not be 146
introduced as evidence of the commission of the offense at the 147
trial of the alleged offender on the complaint upon which the 148
order is based. 149
(F) A person who meets the criteria for bail under 151
Criminal Rule 46 and who, if required to do so pursuant to that 152
rule, executes or posts bond or deposits cash or securities as 153
bail, shall not be held in custody pending a hearing before the 154
court on a motion requesting an anti-stalking protection order. 155
(G)(1) A copy of any anti-stalking protection order that 157
is issued under this section shall be issued by the court to the 158
complainant, to the defendant, and to all law enforcement 159
agencies that have jurisdiction to enforce the order. The court 160
shall direct that a copy of the order be delivered to the 161
defendant on the same day that the order is entered. 162
(2) All law enforcement agencies shall establish and 164
maintain an index for the anti-stalking protection orders 165
delivered to the agencies pursuant to division (G)(1) of this 166
section. With respect to each order delivered, each agency shall 167
note on the index, the date and time of the receipt of the order 168
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by the agency. 169
(3) Any officer of a law enforcement agency shall enforce 171
an anti-stalking protection order in accordance with the 172
provisions of the order. 173
(H) Upon a violation of an anti-stalking protection order, 175
the court may issue another anti-stalking protection order, as a 176
pretrial condition of release, that modifies the terms of the 177
order that was violated. 178
(I) Notwithstanding any provision of law to the contrary, 180
no court shall charge a fee for the filing of a motion pursuant 181
to this section. 182
Sec. 2950.03. (A) Each person who has been convicted of, 191
is convicted of, has pleaded guilty to, or pleads guilty to a 192
sexually oriented offense and who has a duty to register pursuant 193
to section 2950.04 of the Revised Code shall be provided notice 194
in accordance with this section of the offender's duty to 195
register under that section, the offender's duty to provide 196
notice of any change in the offender's residence address and to 198
register the new residence address pursuant to section 2950.05 of 199
the Revised Code, and the offender's duty to periodically verify 200
the offender's residence address pursuant to section 2950.06 of
the Revised Code. The following official shall provide the 201
notice to the offender at the following time: 202
(1) Regardless of when the offender committed the sexually 204
oriented offense, if the offender is sentenced for the sexually 205
oriented offense to a prison term, a term of imprisonment, or any 206
other type of confinement, and if, on or after the effective date 207
of this section, the offender is serving that term or is under 208
that confinement, the official in charge of the jail, workhouse, 209
state correctional institution, or other institution in which the 210
offender serves the prison term, term of imprisonment, or 211
confinement, or a designee of that official, shall provide the 212
notice to the offender at least ten days before the offender is 213
released pursuant to any type of supervised release or at least 214
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ten days before the offender otherwise is released from the 215
prison term, term of imprisonment, or confinement.
(2) Regardless of when the offender committed the sexually 217
oriented offense, if the offender is sentenced for that offense 218
on or after the effective date of this section and if division 219
(A)(1) of this section does not apply, the judge shall provide 220
the notice to the offender at the time of sentencing. 221
(3) If the offender committed the sexually oriented 223
offense prior to the effective date of this section, if neither 224
division (A)(1) nor division (A)(2) of this section applies, and 226
if, immediately prior to the effective date of this section, the 227
offender was a habitual sex offender who was required to register 228
under Chapter 2950. of the Revised Code, the chief of police or 229
sheriff with whom the offender most recently registered under 230
that chapter, in the circumstances described in this division, 231
shall provide the notice to the offender. If the offender has 232
registered with a chief of police or sheriff under Chapter 2950. 233
of the Revised Code as it existed prior to the effective date of 234
this section, the chief of police or sheriff with whom the 235
offender most recently registered shall provide the notice to the 236
offender as soon as possible after the effective date of this 237
section, as described in division (B)(1) of this section. If the 238
offender has not registered with a chief of police or sheriff 239
under that chapter, the failure to register shall constitute a 240
waiver by the offender of any right to notice under this section. 242
If an offender described in this division does not receive notice 243
under this section, the offender is not relieved of the duty to 244
register, the duty to provide notice of any change in residence 245
address and to register the new residence address, and the duty 246
to periodically verify the residence address, as described in 247
division (A) of this section. 248
(B)(1) The notice provided under division (A) of this 250
section shall inform the offender of the offender's duty to 251
register under section 2950.04 of the Revised Code, to notify the 252
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appropriate officials of a change in the offender's residence 253
address and to register the new residence address in accordance 254
with section 2950.05 of the Revised Code, and to periodically 255
verify a residence address under section 2950.06 of the Revised 256
Code. The notice shall comport with the following: 257
(a) If the notice is provided under division (A)(3) of 259
this section, the notice shall be on a form that is prescribed by 260
the bureau of criminal identification and investigation and that 261
states the offender's duties to register, to register a new 262
residence address, and to periodically verify a residence address 263
and that, if the offender has any questions concerning these 264
duties, the offender may contact the chief of police or sheriff 265
who sent the form for an explanation of the duties. If the 266
offender appears in person before the chief of police or sheriff, 267
the chief or sheriff shall provide the notice as described in 268
division (B)(1)(a) of this section, and all provisions of this 270
section that apply regarding a notice provided by an official, 271
official's designee, or judge in that manner shall be applicable. 272
(b) If the notice is provided under division (A)(1) or (2) 274
of this section, the official, official's designee, or judge 276
shall require the offender to read and sign a form prescribed by
the bureau of criminal identification and investigation, stating 277
that the offender's duties to register, to register a new 278
residence address, and to periodically verify a residence address 279
have been explained to the offender. If the offender is unable 280
to read, the official, official's designee, or judge shall 281
certify on the form that the official, designee, or judge
specifically informed the offender of those duties and that the 283
offender indicated an understanding of those duties.
(c) For a notice provided under division (A)(1), (2), or 285
(3) of this section, the form used shall contain all of the 287
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 289
whether the offender has been adjudicated as being a sexual
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predator relative to the sexually oriented offense in question, a 290
statement as to whether the offender has been determined to be a 291
habitual sex offender, an explanation of the periodic residence 293
address verification process and of the frequency with which the 294
offender will be required to verify the residence address under 295
that process, and a statement that the offender must verify the 296
residence address at the times specified under that process or
face criminal prosecution. 297
(2) After an offender described in division (A)(1) or (2) 299
of this section has signed the form described in division (B)(1) 301
of this section or the official, official's designee, or judge 302
has certified on it that it has been explained to the offender 303
and that the offender indicated an understanding of the duties
indicated on it, the official, official's designee, or judge 304
shall give one copy of the form to the offender, within three 305
days shall send one copy of the form to the bureau of criminal 306
identification and investigation in accordance with the 307
procedures adopted pursuant to section 2950.13 of the Revised 308
Code, and shall send one copy of the form to the sheriff of the 309
county in which the offender expects to reside. After a chief of 310
police or sheriff has sent a form to an offender under division 311
(A)(3) of this section, the chief or sheriff shall send a copy of 312
the form to the bureau of criminal identification and 313
investigation in accordance with the procedures adopted pursuant 314
to section 2950.13 of the Revised Code. 315
(C) The official, official's designee, judge, chief of 318
police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the 319
following:
(1) If the notice is provided under division (A)(1) or (2) 321
of this section, the official, designee, or judge shall determine 322
the offender's name, identifying factors, and expected future 323
residence address, shall obtain the offender's criminal history 324
from the bureau of criminal identification and investigation, and 325
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shall obtain a photograph and the fingerprints of the offender. 326
IF THE NOTICE IS PROVIDED BY A JUDGE UNDER DIVISION (A)(2) OF 328
THIS SECTION, THE SHERIFF SHALL PROVIDE THE OFFENDER'S CRIMINAL 329
HISTORY TO THE JUDGE. The official, official's designee, or 330
judge shall obtain this information and these items prior to 331
giving the notice, except that a judge may give the notice prior 332
to obtaining the offender's criminal history from the bureau. 333
Within three days after receiving this information and these
items, the official, official's designee, or judge shall forward 334
the information and items to the bureau of criminal 335
identification AND INVESTIGATION in accordance with the 336
forwarding procedures adopted pursuant to section 2950.13 of the 338
Revised Code and to the sheriff of the county in which the 339
offender expects to reside. If it has not already done so, the
bureau of criminal identification and investigation shall forward 340
a copy of the fingerprints and conviction data received under 341
this division to the federal bureau of investigation. 342
(2) If the notice is provided under division (A)(3) of 344
this section, the chief of police or sheriff shall determine the 345
offender's name, identifying factors, and residence address, 346
shall obtain the offender's criminal history from the bureau of 347
criminal identification and investigation, and, to the extent 348
possible, shall obtain a photograph and the fingerprints of the 349
offender. Within three days after receiving this information and 350
these items, the chief or sheriff shall forward the information 351
and items to the bureau of criminal identification and 352
investigation in accordance with the forwarding procedures 353
adopted pursuant to section 2950.13 of the Revised Code and, in 354
relation to a chief of police, to the sheriff of the county in 355
which the offender resides. If it has not already done so, the 356
bureau of criminal identification and investigation shall forward 357
a copy of the fingerprints and conviction data so received to the 358
federal bureau of investigation. 359
Section 2. That existing sections 2903.213 and 2950.03 of 361
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the Revised Code are hereby repealed. 362