As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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
WATTS-RAY-CARNES-CUPP-ZALESKI-LATELL-NEIN-KEARNS-DiDONATO- 15
HAGAN-DIX-GARDNER 16
18
A B I L L
To amend sections 2903.213 and 2950.03 of the 20
Revised Code to authorize the issuance of an 21
anti-stalking protection order upon the filing of 22
a complaint that alleges the commission of an 24
assault offense or a violation of certain
municipal ordinances and to modify the source of 25
the offender's criminal history that a judge or 26
detention facility official must obtain in
relation to a notice to be provided under the Sex 27
Offender Registration and Notification Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2903.213 and 2950.03 of the 31
Revised Code be amended to read as follows: 33
Sec. 2903.213. (A) Except when the complaint involves a 42
person who is a family or household member as defined in section 43
2919.25 of the Revised Code, upon the filing of a complaint that 44
alleges a violation of section 2903.11, 2903.12, 2903.13, 45
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code OR A 47
2
VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO 48
SECTION 2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE 49
REVISED CODE, the complainant may file a motion that requests the 50
issuance of an anti-stalking protection order as a pretrial 51
condition of release of the alleged offender, in addition to any 52
bail set under Criminal Rule 46. The motion shall be filed with 53
the clerk of the court that has jurisdiction of the case at any 54
time after the filing of the complaint. If the complaint 55
involves a person who is a family or household member, the 56
complainant may file a motion for a temporary protection order 57
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking protection order shall 59
be prepared on a form that is provided by the clerk of the court, 60
which form shall be substantially as follows: 61
"Motion for Anti-stalking Protection Order 62
................. Court 63
Name and address of court 64
State of Ohio 66
v. No. ....... 67
..................................... 68
Name of Defendant 69
(Name of person), the complainant in the above-captioned case, 71
moves the court to issue an anti-stalking protection order 72
containing terms designed to ensure the safety and protection of 73
the complainant in relation to the named defendant, pursuant to 74
its authority to issue such an order under section 2903.213 of 75
the Revised Code. 76
A complaint, a copy of which has been attached to this 78
motion, has been filed in this court charging the named defendant 79
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 80
2903.211, 2903.22, or 2911.211 of the Revised Code OR A VIOLATION 82
OF A MUNICIPAL ORDINANCE SUBSTANTIALLY SIMILAR TO SECTION 83
2903.13, 2903.21, 2903.211, 2903.22, OR 2911.211 OF THE REVISED 84
CODE.
3
I understand that I must appear before the court, at a time 86
set by the court not later than the next day that the court is in 87
session after the filing of this motion, for a hearing on the 88
motion, and that any anti-stalking protection order granted 89
pursuant to this motion is a pretrial condition of release and is 90
effective only until the disposition of the criminal proceeding 91
arising out of the attached complaint. 92
..................................... 94
Signature of complainant 96
..................................... 98
Address of complainant" 100
(C) As soon as possible after the filing of a motion that 102
requests the issuance of an anti-stalking protection order, but 103
not later than the next day that the court is in session after 104
the filing of the motion, the court shall conduct a hearing to 105
determine whether to issue the order. The complainant shall 106
appear before the court and provide the court with the 107
information that it requests concerning the basis of the motion. 108
If the court finds that the safety and protection of the 109
complainant may be impaired by the continued presence of the 110
alleged offender, the court may issue an anti-stalking protection 111
order, as a pretrial condition of release, that contains terms 112
designed to ensure the safety and protection of the complainant, 113
including a requirement that the alleged offender refrain from 114
entering the residence, school, business, or place of employment 115
of the complainant. 116
(D)(1) Except when the complaint involves a person who is 118
a family or household member as defined in section 2919.25 of the 119
Revised Code, upon the filing of a complaint that alleges a 120
violation SPECIFIED IN DIVISION (A) of THIS section 2903.21, 122
2903.211, 2903.22, or 2911.211 of the Revised Code, the court, 123
upon its own motion, may issue an anti-stalking protection order 124
as a pretrial condition of release of the alleged offender if it 125
finds that the safety and protection of the complainant may be 126
4
impaired by the continued presence of the alleged offender. 127
(2) If the court issues an anti-stalking protection order 129
under this section as an ex parte order, it shall conduct, as 130
soon as possible after the issuance of the order but not later 131
than the next day the court is in session after its issuance, a 132
hearing to determine whether the order should remain in effect, 133
be modified, or be revoked. The hearing shall be conducted under 134
the standards set forth in division (C) of this section. 135
(E) An anti-stalking protection order that is issued as a 137
pretrial condition of release under this section: 138
(1) Is in addition to, but shall not be construed as a 140
part of, any bail set under Criminal Rule 46; 141
(2) Is effective only until the disposition of the 143
criminal proceeding arising out of the complaint upon which it is 144
based; 145
(3) Shall not be construed as a finding that the alleged 147
offender committed the alleged offense, and shall not be 148
introduced as evidence of the commission of the offense at the 149
trial of the alleged offender on the complaint upon which the 150
order is based. 151
(F) A person who meets the criteria for bail under 153
Criminal Rule 46 and who, if required to do so pursuant to that 154
rule, executes or posts bond or deposits cash or securities as 155
bail, shall not be held in custody pending a hearing before the 156
court on a motion requesting an anti-stalking protection order. 157
(G)(1) A copy of any anti-stalking protection order that 159
is issued under this section shall be issued by the court to the 160
complainant, to the defendant, and to all law enforcement 161
agencies that have jurisdiction to enforce the order. The court 162
shall direct that a copy of the order be delivered to the 163
defendant on the same day that the order is entered. 164
(2) All law enforcement agencies shall establish and 166
maintain an index for the anti-stalking protection orders 167
delivered to the agencies pursuant to division (G)(1) of this 168
5
section. With respect to each order delivered, each agency shall 169
note on the index, the date and time of the receipt of the order 170
by the agency. 171
(3) Any officer of a law enforcement agency shall enforce 173
an anti-stalking protection order in accordance with the 174
provisions of the order. 175
(H) Upon a violation of an anti-stalking protection order, 177
the court may issue another anti-stalking protection order, as a 178
pretrial condition of release, that modifies the terms of the 179
order that was violated. 180
(I) Notwithstanding any provision of law to the contrary, 182
no court shall charge a fee for the filing of a motion pursuant 183
to this section. 184
Sec. 2950.03. (A) Each person who has been convicted of, 193
is convicted of, has pleaded guilty to, or pleads guilty to a 194
sexually oriented offense and who has a duty to register pursuant 195
to section 2950.04 of the Revised Code shall be provided notice 196
in accordance with this section of the offender's duty to 197
register under that section, the offender's duty to provide 198
notice of any change in the offender's residence address and to 200
register the new residence address pursuant to section 2950.05 of 201
the Revised Code, and the offender's duty to periodically verify 202
the offender's residence address pursuant to section 2950.06 of
the Revised Code. The following official shall provide the 203
notice to the offender at the following time: 204
(1) Regardless of when the offender committed the sexually 206
oriented offense, if the offender is sentenced for the sexually 207
oriented offense to a prison term, a term of imprisonment, or any 208
other type of confinement, and if, on or after the effective date 209
of this section JANUARY 1, 1997, the offender is serving that 210
term or is under that confinement, the official in charge of the 211
jail, workhouse, state correctional institution, or other 213
institution in which the offender serves the prison term, term of 214
imprisonment, or confinement, or a designee of that official, 215
6
shall provide the notice to the offender at least ten days before
the offender is released pursuant to any type of supervised 216
release or at least ten days before the offender otherwise is 217
released from the prison term, term of imprisonment, or 218
confinement.
(2) Regardless of when the offender committed the sexually 220
oriented offense, if the offender is sentenced for that offense 221
on or after the effective date of this section JANUARY 1, 1997, 222
and if division (A)(1) of this section does not apply, the judge 224
shall provide the notice to the offender at the time of 225
sentencing.
(3) If the offender committed the sexually oriented 227
offense prior to the effective date of this section JANUARY 1, 229
1997, if neither division (A)(1) nor division (A)(2) of this 230
section applies, and if, immediately prior to the effective date 231
of this section JANUARY 1, 1997, the offender was a habitual sex 233
offender who was required to register under Chapter 2950. of the 234
Revised Code, the chief of police or sheriff with whom the 235
offender most recently registered under that chapter, in the 236
circumstances described in this division, shall provide the 237
notice to the offender. If the offender has registered with a 238
chief of police or sheriff under Chapter 2950. of the Revised 239
Code as it existed prior to the effective date of this section 240
JANUARY 1, 1997, the chief of police or sheriff with whom the 242
offender most recently registered shall provide the notice to the 243
offender as soon as possible after the effective date of this 244
section JANUARY 1, 1997, as described in division (B)(1) of this 246
section. If the offender has not registered with a chief of 247
police or sheriff under that chapter, the failure to register 248
shall constitute a waiver by the offender of any right to notice 249
under this section. If an offender described in this division 250
does not receive notice under this section, the offender is not 251
relieved of the duty to register, the duty to provide notice of 252
any change in residence address and to register the new residence 253
7
address, and the duty to periodically verify the residence 254
address, as described in division (A) of this section. 256
(B)(1) The notice provided under division (A) of this 258
section shall inform the offender of the offender's duty to 259
register under section 2950.04 of the Revised Code, to notify the 260
appropriate officials of a change in the offender's residence 261
address and to register the new residence address in accordance 262
with section 2950.05 of the Revised Code, and to periodically 263
verify a residence address under section 2950.06 of the Revised 264
Code. The notice shall comport with the following: 265
(a) If the notice is provided under division (A)(3) of 267
this section, the notice shall be on a form that is prescribed by 268
the bureau of criminal identification and investigation and that 269
states the offender's duties to register, to register a new 270
residence address, and to periodically verify a residence address 271
and that, if the offender has any questions concerning these 272
duties, the offender may contact the chief of police or sheriff 273
who sent the form for an explanation of the duties. If the 274
offender appears in person before the chief of police or sheriff, 275
the chief or sheriff shall provide the notice as described in 276
division (B)(1)(a) of this section, and all provisions of this 278
section that apply regarding a notice provided by an official, 279
official's designee, or judge in that manner shall be applicable. 280
(b) If the notice is provided under division (A)(1) or (2) 282
of this section, the official, official's designee, or judge 284
shall require the offender to read and sign a form prescribed by
the bureau of criminal identification and investigation, stating 285
that the offender's duties to register, to register a new 286
residence address, and to periodically verify a residence address 287
have been explained to the offender. If the offender is unable 288
to read, the official, official's designee, or judge shall 289
certify on the form that the official, designee, or judge
specifically informed the offender of those duties and that the 291
offender indicated an understanding of those duties.
8
(c) For a notice provided under division (A)(1), (2), or 293
(3) of this section, the form used shall contain all of the 295
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 297
whether the offender has been adjudicated as being a sexual
predator relative to the sexually oriented offense in question, a 298
statement as to whether the offender has been determined to be a 299
habitual sex offender, an explanation of the periodic residence 301
address verification process and of the frequency with which the 302
offender will be required to verify the residence address under 303
that process, and a statement that the offender must verify the 304
residence address at the times specified under that process or
face criminal prosecution. 305
(2) After an offender described in division (A)(1) or (2) 307
of this section has signed the form described in division (B)(1) 309
of this section or the official, official's designee, or judge 310
has certified on it that it has been explained to the offender 311
and that the offender indicated an understanding of the duties
indicated on it, the official, official's designee, or judge 312
shall give one copy of the form to the offender, within three 313
days shall send one copy of the form to the bureau of criminal 314
identification and investigation in accordance with the 315
procedures adopted pursuant to section 2950.13 of the Revised 316
Code, and shall send one copy of the form to the sheriff of the 317
county in which the offender expects to reside. After a chief of 318
police or sheriff has sent a form to an offender under division 319
(A)(3) of this section, the chief or sheriff shall send a copy of 320
the form to the bureau of criminal identification and 321
investigation in accordance with the procedures adopted pursuant 322
to section 2950.13 of the Revised Code. 323
(C) The official, official's designee, judge, chief of 326
police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the 327
following:
9
(1) If the notice is provided under division (A)(1) or (2) 329
of this section, the official, designee, or judge shall determine 330
the offender's name, identifying factors, and expected future 331
residence address, shall obtain the offender's criminal history 332
from the bureau of criminal identification and investigation, and 333
shall obtain a photograph and the fingerprints of the offender. 334
IF THE NOTICE IS PROVIDED BY A JUDGE UNDER DIVISION (A)(2) OF 336
THIS SECTION, THE SHERIFF SHALL PROVIDE THE OFFENDER'S CRIMINAL 337
HISTORY TO THE JUDGE. The official, official's designee, or 338
judge shall obtain this information and these items prior to 339
giving the notice, except that a judge may give the notice prior 340
to obtaining the offender's criminal history from the bureau. 341
Within three days after receiving this information and these
items, the official, official's designee, or judge shall forward 342
the information and items to the bureau of criminal 343
identification AND INVESTIGATION in accordance with the 344
forwarding procedures adopted pursuant to section 2950.13 of the 346
Revised Code and to the sheriff of the county in which the 347
offender expects to reside. If it has not already done so, the
bureau of criminal identification and investigation shall forward 348
a copy of the fingerprints and conviction data received under 349
this division to the federal bureau of investigation. 350
(2) If the notice is provided under division (A)(3) of 352
this section, the chief of police or sheriff shall determine the 353
offender's name, identifying factors, and residence address, 354
shall obtain the offender's criminal history from the bureau of 355
criminal identification and investigation, and, to the extent 356
possible, shall obtain a photograph and the fingerprints of the 357
offender. Within three days after receiving this information and 358
these items, the chief or sheriff shall forward the information 359
and items to the bureau of criminal identification and 360
investigation in accordance with the forwarding procedures 361
adopted pursuant to section 2950.13 of the Revised Code and, in 362
relation to a chief of police, to the sheriff of the county in 363
10
which the offender resides. If it has not already done so, the 364
bureau of criminal identification and investigation shall forward 365
a copy of the fingerprints and conviction data so received to the 366
federal bureau of investigation. 367
Section 2. That existing sections 2903.213 and 2950.03 of 369
the Revised Code are hereby repealed. 370