As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 98 5
1997-1998 6
SENATOR B. JOHNSON 8
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A B I L L
To amend sections 1901.20, 1907.02, 2919.26, 12
2930.06, and 2931.03 of the Revised Code to 13
provide that a court is not authorized to dismiss
criminal charges when the only reason for 14
dismissal is the request of the complaining 15
witness and the prosecutor objects to the
dismissal and to specify that domestic violence 16
criminal temporary protection orders issued by a
municipal court or county court continue in 17
effect subsequent to the transfer of the case to 18
a court of common pleas until disposition of the
case on the issuance of a domestic violence civil 19
protection order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 1901.20, 1907.02, 2919.26, 23
2930.06, and 2931.03 of the Revised Code be amended to read as 25
follows:
Sec. 1901.20. (A)(1) The municipal court has jurisdiction 34
of the violation of any ordinance of any municipal corporation 35
within its territory, unless the violation is required to be 36
handled by a parking violations bureau or joint parking 37
violations bureau pursuant to Chapter 4521. of the Revised Code, 38
and of the violation of any misdemeanor committed within the 39
limits of its territory. The municipal court has jurisdiction of 40
the violation of a vehicle parking or standing resolution or 41
regulation if a local authority, as defined in division (D) of 42
2
section 4521.01 of the Revised Code, has specified that it is not 43
to be considered a criminal offense, if the violation is 44
committed within the limits of the court's territory, and if the 45
violation is not required to be handled by a parking violations 46
bureau or joint parking violations bureau pursuant to Chapter 47
4521. of the Revised Code. The municipal court, if it has a 48
housing or environmental division, has jurisdiction of any 49
criminal action over which the housing or environmental division 50
is given jurisdiction by section 1901.181 of the Revised Code, 51
provided that, except as specified in division (B) of that 52
section, no judge of the court other than the judge of the 53
division shall hear or determine any action over which the 54
division has jurisdiction. In all such prosecutions and cases, 55
the court shall proceed to a final determination of the 56
prosecution or case. 57
(2) A JUDGE OF A MUNICIPAL COURT DOES NOT HAVE THE 59
AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, 60
OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS 61
AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE 62
SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO 63
IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) The municipal court has jurisdiction to hear felony 65
cases committed within its territory. In all felony cases, the 66
court may conduct preliminary hearings and other necessary 67
hearings prior to the indictment of the defendant or prior to the 68
court's finding that there is probable and reasonable cause to 69
hold or recognize the defendant to appear before a court of 70
common pleas and may discharge, recognize, or commit the 71
defendant. 72
(C) A municipal court has jurisdiction of an appeal from a 74
judgment or default judgment entered pursuant to Chapter 4521. of 75
the Revised Code, as authorized by division (D) of section 76
4521.08 of the Revised Code. The appeal shall be placed on the 77
regular docket of the court and shall be determined by a judge of 78
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the court. 79
Sec. 1907.02. (A)(1) In addition to other jurisdiction 88
granted a county court in the Revised Code, a county court has 89
jurisdiction of all misdemeanor cases. A county court has 90
jurisdiction to conduct preliminary hearings in felony cases, to 91
bind over alleged felons to the court of common pleas, and to 92
take other action in felony cases as authorized by Criminal Rule 93
5. 94
(2) A JUDGE OF A COUNTY COURT DOES NOT HAVE THE AUTHORITY 96
TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR 97
INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS AND 98
OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE 99
SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO 100
IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) A county court has jurisdiction of the violation of a 102
vehicle parking or standing ordinance, resolution, or regulation 103
if a local authority, as defined in division (D) of section 104
4521.01 of the Revised Code, has specified that it is not to be 105
considered a criminal offense, if the violation is committed 106
within the limits of the court's territory, and if the violation 107
is not required to be handled by a parking violations bureau or 108
joint parking violations bureau pursuant to Chapter 4521. of the 109
Revised Code. A county court does not have jurisdiction over 110
violations of ordinances, resolutions, or regulations that are 111
required to be handled by a parking violations bureau or joint 112
parking violations bureau pursuant to that chapter. 113
A county court also has jurisdiction of an appeal from a 115
judgment or default judgment entered pursuant to Chapter 4521. of 116
the Revised Code, as authorized by division (D) of section 117
4521.08 of the Revised Code. Any such appeal shall be placed on 118
the regular docket of the court and shall be determined by a 119
judge of the court. 120
Sec. 2919.26. (A)(1) Upon the filing of a complaint that 130
alleges a violation of section 2919.25 of the Revised Code, a 131
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violation of a municipal ordinance substantially similar to that 132
section, a violation of section 2903.11, 2903.12, 2903.13, 133
2903.211, or 2911.211 of the Revised Code that involves a person 134
who was a family or household member at the time of the 135
violation, or a violation of a municipal ordinance that is 136
substantially similar to section 2903.13, 2903.211, or 2911.211 137
of the Revised Code that involves a person who was a family or 138
household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to 139
file, a person who made an arrest for the alleged violation under 140
section 2935.03 of the Revised Code may file on behalf of the 141
complainant, a motion that requests the issuance of a temporary 142
protection order as a pretrial condition of release of the 143
alleged offender, in addition to any bail set under Criminal Rule 144
46. The motion shall be filed with the clerk of the court that 145
has jurisdiction of the case at any time after the filing of the 146
complaint. 147
(2) For purposes of section 2930.09 of the Revised Code, 149
all stages of a proceeding arising out of a violation specified 150
in division (A)(1) of this section, including all proceedings on 151
a motion for a temporary protection order, are critical stages of 152
the case, and a complainant may be accompanied by a victim 153
advocate or another person to provide support to the victim as
provided in that section. 154
(B) The motion shall be prepared on a form that is 156
provided by the clerk of the court, which form shall be 157
substantially as follows: 158
"MOTION FOR TEMPORARY PROTECTION ORDER 159
.......................... Court 160
Name and address of court 161
State of Ohio 163
v. 165
No. .............
................. 167
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Name of Defendant 169
(name of person), the complainant in the above-captioned case, 171
moves the court to issue a temporary protection order containing 172
terms designed to ensure the safety and protection of the 173
complainant and other family or household members, in relation to 174
the named defendant, pursuant to its authority to issue such an 175
order under section 2919.26 of the Revised Code. 176
A complaint, a copy of which has been attached to this 178
motion, has been filed in this court charging the named defendant 179
with at least one of the following violations of section 2919.25 180
of the Revised Code that constitutes "domestic violence" or a 181
municipal ordinance that is substantially similar to that 182
section: knowingly causing or attempting to cause physical harm 183
to a family or household member; recklessly causing serious 184
physical harm to a family or household member; or, by threat of 185
force, knowingly causing a family or household member to believe 186
that he THE NAMED DEFENDANT would cause imminent physical harm to 187
that family or household member; charging the named defendant 188
with felonious assault, aggravated assault, or assault that 189
involved a family or household member in violation of section 190
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the 192
named defendant with menacing by stalking or aggravated trespass 193
that involves a family or household member in violation of
section 2903.211 or 2911.211 of the Revised Code; or charging the 194
named defendant with a violation of a municipal ordinance that is 195
substantially similar to section 2903.13, 2903.211, or 2911.211 196
of the Revised Code that involves a family or household member. 197
I understand that I must appear before the court, at a time 199
set by the court within twenty-four hours after the filing of 200
this motion, for a hearing on the motion or that, if I am unable 201
to appear because of hospitalization or a medical condition 202
resulting from the offense alleged in the complaint, a person who 203
can provide information about my need for a temporary protection 204
order must appear before the court in lieu of my appearing in 205
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court. I understand that any temporary protection order granted 206
pursuant to this motion is a pretrial condition of release and is 207
effective only until the disposition of the criminal proceeding 208
arising out of the attached complaint, or the issuance of a civil 209
protection order or the approval of a consent agreement, arising 210
out of the same activities as those that were the basis of the 211
complaint, under section 3113.31 of the Revised Code. 212
.......................................... 214
Signature of complainant 216
(or signature of the arresting officer who filed the motion on 218
behalf of the complainant) 219
.......................................... 221
Address of complainant (or office address of the arresting 223
officer who filed the motion on behalf of the complainant)" 224
(C) As soon as possible after the filing of a motion that 226
requests the issuance of a temporary protection order, but not 227
later than twenty-four hours after the filing of the motion, the 228
court shall conduct a hearing to determine whether to issue the 229
order. The person who requested the order shall appear before 230
the court and provide the court with the information that it 231
requests concerning the basis of the motion. If the person who 232
requested the order is unable to appear and if the court finds 233
that the failure to appear is because of the person's 234
hospitalization or medical condition resulting from the offense 235
alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of 236
the person who requested the order. If the court finds that the 237
safety and protection of the complainant or other family or 239
household member of the alleged offender may be impaired by the 240
continued presence of the alleged offender, the court may issue a 241
temporary protection order, as a pretrial condition of release, 242
that contains terms designed to ensure the safety and protection 243
of the complainant or family or household member, including a 244
requirement that the alleged offender refrain from entering the 245
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residence, school, business, or place of employment of the 246
complainant or family or household member.
(D)(1) Upon the filing of a complaint that alleges a 248
violation of section 2919.25 of the Revised Code, a violation of 249
a municipal ordinance that is substantially similar to that 250
section, a violation of section 2903.11, 2903.12, 2903.13, 251
2903.211, or 2911.211 of the Revised Code that involves a person 252
who was a family or household member at the time of the 253
violation, or a violation of a municipal ordinance that is 254
substantially similar to section 2903.13, 2903.211, or 2911.211
of the Revised Code that involves a person who was a family or 255
household member at the time of the violation, the court, upon 256
its own motion, may issue a temporary protection order as a 257
pretrial condition of release if it finds that the safety and 258
protection of the complainant or other family or household member 259
of the alleged offender may be impaired by the continued presence 260
of the alleged offender. 261
(2) If the court issues a temporary protection order under 263
this section as an ex parte order, it shall conduct, as soon as 264
possible after the issuance of the order, a hearing in the 265
presence of the alleged offender not later than the next day on 266
which the court is scheduled to conduct business after the day on 267
which the alleged offender was arrested or at the time of the 268
appearance of the alleged offender pursuant to summons to 269
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the 270
standards set forth in division (C) of this section. 271
(3) An order issued under this division SECTION shall 273
contain only those terms authorized in orders issued under 275
division (C) of this section. 276
(4) IF A MUNICIPAL COURT OR A COUNTY COURT ISSUES A 279
TEMPORARY PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT 280
TO THE ISSUANCE OF THE ORDER, THE ALLEGED OFFENDER WHO IS THE 281
SUBJECT OF THE ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS 282
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FOR PROSECUTION OF A FELONY ARISING OUT OF THE SAME ACTIVITIES AS 283
THOSE THAT WERE THE BASIS OF THE COMPLAINT UPON WHICH THE ORDER 284
IS BASED, NOTWITHSTANDING THE FACT THAT THE ORDER WAS ISSUED BY A 285
MUNICIPAL COURT OR COUNTY COURT, THE ORDER SHALL REMAIN IN EFFECT 286
WHILE THE CHARGES AGAINST THE ALLEGED OFFENDER ARE PENDING IN THE 287
COURT OF COMMON PLEAS, FOR THE PERIOD OF TIME DESCRIBED IN 288
DIVISION (E)(2) OF THIS SECTION. THIS DIVISION APPLIES WHEN THE 290
ALLEGED OFFENDER IS BOUND OVER TO THE COURT OF COMMON PLEAS AS A 291
RESULT OF THE PERSON WAIVING A PRELIMINARY HEARING ON THE FELONY 292
CHARGE, AS A RESULT OF THE MUNICIPAL COURT OR COUNTY COURT HAVING 293
DETERMINED AT A PRELIMINARY HEARING THAT THERE IS PROBABLE CAUSE 294
TO BELIEVE THAT THE FELONY HAS BEEN COMMITTED AND THAT THE 295
ALLEGED OFFENDER COMMITTED IT, AS A RESULT OF THE ALLEGED 296
OFFENDER HAVING BEEN INDICTED FOR THE FELONY, OR IN ANY OTHER 297
MANNER.
(E) A temporary protection order that is issued as a 299
pretrial condition of release under this section: 300
(1) Is in addition to, but shall not be construed as a 302
part of, any bail set under Criminal Rule 46; 303
(2) Is effective only until the OCCURRENCE OF EITHER OF 305
THE FOLLOWING:
(a) THE disposition, BY THE COURT THAT ISSUED THE ORDER 308
OR, IN THE CIRCUMSTANCES DESCRIBED IN DIVISION (D)(4) OF THIS 309
SECTION, BY THE COURT OF COMMON PLEAS TO WHICH THE ALLEGED 310
OFFENDER IS BOUND OVER FOR PROSECUTION, of the criminal 312
proceeding arising out of the complaint upon which it THE ORDER 313
is based, or the;
(b) THE issuance of a protection order or the approval of 315
a consent agreement, arising out of the same activities as those 316
that were the basis of the complaint UPON WHICH THE ORDER IS 317
BASED, under section 3113.31 of the Revised Code; 319
(3) Shall not be construed as a finding that the alleged 321
offender committed the alleged offense, and shall not be 322
introduced as evidence of the commission of the offense at the 323
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trial of the alleged offender on the complaint upon which the 324
order is based. 325
(F) A person who meets the criteria for bail under 327
Criminal Rule 46 and who, if required to do so pursuant to that 328
rule, executes or posts bond or deposits cash or securities as 329
bail, shall not be held in custody pending a hearing before the 330
court on a motion requesting a temporary protection order. 331
(G)(1) A copy of any temporary protection order that is 333
issued under this section shall be issued by the court to the 334
complainant, to the defendant, and to all law enforcement 335
agencies that have jurisdiction to enforce the order. The court 336
shall direct that a copy of the order be delivered to the 337
defendant on the same day that the order is entered. IF A 338
MUNICIPAL COURT OR A COUNTY COURT ISSUES A TEMPORARY PROTECTION 340
ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE ISSUANCE OF 341
THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE ORDER IS BOUND 342
OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION AS DESCRIBED IN 343
DIVISION (D)(4) OF THIS SECTION, THE MUNICIPAL COURT OR COUNTY 344
COURT SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE 345
COURT OF COMMON PLEAS TO WHICH THE DEFENDANT IS BOUND OVER. 346
(2) All law enforcement agencies shall establish and 348
maintain an index for the temporary protection orders delivered 349
to the agencies pursuant to division (G)(1) of this section. With 351
respect to each order delivered, each agency shall note on the 352
index, the date and time of the receipt of the order by the
agency. 353
(3) A complainant who obtains a temporary protection order 356
under this section may provide notice of the issuance of the 357
temporary protection order to the judicial and law enforcement 358
officials in any county other than the county in which the order 359
is issued by registering that order in the other county in 360
accordance with division (N) of section 3113.31 of the Revised 361
Code and filing a copy of the registered protection order with a 362
law enforcement agency in the other county in accordance with 363
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that division.
(4) Any officer of a law enforcement agency shall enforce 365
a temporary protection order issued by any court in this state in 366
accordance with the provisions of the order, including removing 368
the defendant from the premises, regardless of whether the order 369
is registered in the county in which the officer's agency has 370
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the 372
court may issue another temporary protection order, as a pretrial 373
condition of release, that modifies the terms of the order that 374
was violated. 375
(I)(1) As used in divisions (I)(1) and (2) of this 378
section, "defendant" means a person who is alleged in a complaint 379
to have committed a violation of the type described in division 380
(A) of this section.
(2) If a complaint is filed that alleges that a person 382
committed a violation of the type described in division (A) of 384
this section, the court may not issue a temporary protection 385
order under this section that requires the complainant or another 386
family or household member of the defendant to do or refrain from 387
doing an act that the court may require the defendant to do or 388
refrain from doing under a temporary protection order unless both 389
of the following apply:
(a) The defendant has filed a separate complaint that 392
alleges that the complainant or other family or household member 393
in question who would be required under the order to do or 394
refrain from doing the act committed a violation of the type 395
described in division (A) of this section.
(b) The court determines that both the complainant or 398
other family or household member in question who would be 399
required under the order to do or refrain from doing the act and 400
the defendant acted primarily as aggressors, that neither the 401
complainant or other family or household member in question who 402
would be required under the order to do or refrain from doing the 403
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act nor the defendant acted primarily in self-defense, and, in 404
accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the 405
defendant, that it should issue the order to require the 406
complainant or other family or household member in question to do 407
or refrain from doing the act. 408
(J) Notwithstanding any provision of law to the contrary, 411
no court shall charge a fee for the filing of a motion pursuant 412
to this section.
(K) As used in this section, "victim advocate" means a 415
person who provides support and assistance for a victim of an 416
offense during court proceedings.
Sec. 2930.06. (A) The prosecutor in a case, to the extent 425
practicable, shall confer with the victim in the case before 426
pretrial diversion is granted to the defendant in the case, 427
before amending or dismissing an indictment, information, or 429
complaint against that defendant, before agreeing to a negotiated 430
plea for that defendant, or before a trial of that defendant by 431
judge or jury. If the prosecutor fails to confer with the victim 432
at any of those times, the court, if informed of the failure, 434
shall note on the record the failure and the prosecutor's reasons
for the failure. A prosecutor's failure to confer with a victim 435
as required by this division does not affect the validity of an 436
agreement between the prosecutor and the defendant in the case, a 438
pretrial diversion of the defendant, an amendment or dismissal of 439
an indictment, information, or complaint filed against the 440
defendant, a plea entered by the defendant, or any other 441
disposition in the case. A COURT SHALL NOT DISMISS A CRIMINAL 443
COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE
REQUEST OF THE VICTIM AND OVER THE OBJECTION OF THE PROSECUTING 444
ATTORNEY, VILLAGE SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF 445
LEGAL OFFICER RESPONSIBLE FOR THE PROSECUTION OF THE CASE. 446
(B) After a prosecution in a case has been commenced, the 448
prosecutor or a designee of the prosecutor other than a court or 450
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court employee, to the extent practicable, promptly shall give 451
the victim all of the following information:
(1) The name of the offense with which the defendant in 453
the case has been charged and the name of the defendant; 454
(2) The file number of the case; 456
(3) A brief statement regarding the procedural steps in a 458
criminal case involving an offense similar to the offense with 459
which the defendant has been charged and the right of the victim 461
to be present during all proceedings held throughout the 462
prosecution of a case;
(4) A summary of the rights of a victim under this 464
chapter; 465
(5) Procedures the victim or the prosecutor may follow if 467
the victim becomes subject to threats or intimidation by the 469
defendant or any other person; 470
(6) The name and business telephone number of a person to 472
contact for further information with respect to the case; 473
(7) The right of the victim to have a victim's 475
representative exercise the victim's rights under this chapter in 476
accordance with section 2930.02 of the Revised Code and the 477
procedure by which a victim's representative may be designated; 478
(8) Notice that any notification under division (C) of 481
this section and sections 2930.07 to 2930.19 of the Revised Code
will be given to the victim only if the victim asks to receive 482
the notification. 483
(C) Upon the request of the victim, the prosecutor shall 485
give the victim notice of the date, time, and place of any 486
scheduled court proceedings in the case and notice of any changes 487
in those proceedings or in the schedule in the case. 488
(D) A victim who requests notice under division (C) of 491
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 493
the prosecutor under this chapter shall keep the prosecutor 494
informed of the victim's current address and telephone number 495
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until the case is dismissed or terminated, the defendant is 496
acquitted or sentenced, or the appellate process is completed, 497
whichever is the final disposition in the case.
Sec. 2931.03. The court of common pleas has original 506
jurisdiction of all crimes and offenses, except in cases of minor 507
offenses the exclusive jurisdiction of which is vested in courts 508
inferior to the court of common pleas. 509
A JUDGE OF A COURT OF COMMON PLEAS DOES NOT HAVE THE 511
AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, 512
OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS 513
AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY OR OTHER CHIEF 514
LEGAL OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE. 515
Section 2. That existing sections 1901.20, 1907.02, 517
2919.26, 2930.06, and 2931.03 of the Revised Code are hereby 518
repealed.