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