As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 98  5            

      1997-1998                                                    6            


                SENATORS B. JOHNSON-DRAKE-KEARNS                   8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1901.20, 1907.02, 2903.213,         12           

                2919.26, 2930.06, and 2931.03 of the Revised Code  14           

                to provide that a court is not authorized to                    

                dismiss criminal charges when the only reason for  15           

                dismissal is the request of the complaining        16           

                witness and the prosecutor objects to the                       

                dismissal and to specify that domestic violence    17           

                criminal temporary protection orders and                        

                anti-stalking protection orders issued by a        18           

                municipal court or county court continue in        19           

                effect subsequent to the transfer of the case to   20           

                a court of common pleas until disposition of the                

                case or, in relation to domestic violence          21           

                criminal temporary protection orders, the                       

                issuance of a domestic violence civil protection   22           

                order.                                                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 1901.20, 1907.02, 2903.213,        26           

2919.26, 2930.06, and 2931.03 of the Revised Code be amended to    29           

read as follows:                                                                

      Sec. 1901.20.  (A)(1)  The municipal court has jurisdiction  38           

of the violation of any ordinance of any municipal corporation     39           

within its territory, unless the violation is required to be       40           

handled by a parking violations bureau or joint parking            41           

violations bureau pursuant to Chapter 4521. of the Revised Code,   42           

and of the violation of any misdemeanor committed within the       43           

                                                          2      

                                                                 
limits of its territory.  The municipal court has jurisdiction of  44           

the violation of a vehicle parking or standing resolution or       45           

regulation if a local authority, as defined in division (D) of     46           

section 4521.01 of the Revised Code, has specified that it is not  47           

to be considered a criminal offense, if the violation is           48           

committed within the limits of the court's territory, and if the   49           

violation is not required to be handled by a parking violations    50           

bureau or joint parking violations bureau pursuant to Chapter      51           

4521. of the Revised Code.  The municipal court, if it has a       52           

housing or environmental division, has jurisdiction of any         53           

criminal action over which the housing or environmental division   54           

is given jurisdiction by section 1901.181 of the Revised Code,     55           

provided that, except as specified in division (B) of that         56           

section, no judge of the court other than the judge of the         57           

division shall hear or determine any action over which the         58           

division has jurisdiction.  In all such prosecutions and cases,    59           

the court shall proceed to a final determination of the            60           

prosecution or case.                                               61           

      (2)  A JUDGE OF A MUNICIPAL COURT DOES NOT HAVE THE          63           

AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION,    64           

OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS     65           

AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE        66           

SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO  67           

IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.                                 

      (B)  The municipal court has jurisdiction to hear felony     69           

cases committed within its territory.  In all felony cases, the    70           

court may conduct preliminary hearings and other necessary         71           

hearings prior to the indictment of the defendant or prior to the  72           

court's finding that there is probable and reasonable cause to     73           

hold or recognize the defendant to appear before a court of        74           

common pleas and may discharge, recognize, or commit the           75           

defendant.                                                         76           

      (C)  A municipal court has jurisdiction of an appeal from a  78           

judgment or default judgment entered pursuant to Chapter 4521. of  79           

                                                          3      

                                                                 
the Revised Code, as authorized by division (D) of section         80           

4521.08 of the Revised Code.  The appeal shall be placed on the    81           

regular docket of the court and shall be determined by a judge of  82           

the court.                                                         83           

      Sec. 1907.02.  (A)(1)  In addition to other jurisdiction     92           

granted a county court in the Revised Code, a county court has     93           

jurisdiction of all misdemeanor cases.  A county court has         94           

jurisdiction to conduct preliminary hearings in felony cases, to   95           

bind over alleged felons to the court of common pleas, and to      96           

take other action in felony cases as authorized by Criminal Rule   97           

5.                                                                 98           

      (2)  A JUDGE OF A COUNTY COURT DOES NOT HAVE THE AUTHORITY   100          

TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR           101          

INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS AND    102          

OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE            103          

SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO  104          

IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.                                 

      (B)  A county court has jurisdiction of the violation of a   106          

vehicle parking or standing ordinance, resolution, or regulation   107          

if a local authority, as defined in division (D) of section        108          

4521.01 of the Revised Code, has specified that it is not to be    109          

considered a criminal offense, if the violation is committed       110          

within the limits of the court's territory, and if the violation   111          

is not required to be handled by a parking violations bureau or    112          

joint parking violations bureau pursuant to Chapter 4521. of the   113          

Revised Code.  A county court does not have jurisdiction over      114          

violations of ordinances, resolutions, or regulations that are     115          

required to be handled by a parking violations bureau or joint     116          

parking violations bureau pursuant to that chapter.                117          

      A county court also has jurisdiction of an appeal from a     119          

judgment or default judgment entered pursuant to Chapter 4521. of  120          

the Revised Code, as authorized by division (D) of section         121          

4521.08 of the Revised Code.  Any such appeal shall be placed on   122          

the regular docket of the court and shall be determined by a       123          

                                                          4      

                                                                 
judge of the court.                                                124          

      Sec. 2903.213.  (A)  Except when the complaint involves a    133          

person who is a family or household member as defined in section   134          

2919.25 of the Revised Code, upon the filing of a complaint that   135          

alleges a violation of section 2903.21, 2903.211, 2903.22, or      136          

2911.211 of the Revised Code, the complainant may file a motion    137          

that requests the issuance of an anti-stalking protection order    138          

as a pretrial condition of release of the alleged offender, in     139          

addition to any bail set under Criminal Rule 46.  The motion       140          

shall be filed with the clerk of the court that has jurisdiction   141          

of the case at any time after the filing of the complaint.  If     142          

the complaint involves a person who is a family or household       143          

member, the complainant may file a motion for a temporary          144          

protection order pursuant to section 2919.26 of the Revised Code.  145          

      (B)  A motion for an anti-stalking protection order shall    147          

be prepared on a form that is provided by the clerk of the court,  148          

which form shall be substantially as follows:                      149          

           "Motion for Anti-stalking Protection Order              150          

                     ................. Court                       151          

                    Name and address of court                      152          

State of Ohio                                                      154          

      v.                                         No. .......       155          

.....................................                              156          

Name of Defendant                                                  157          

(Name of person), the complainant in the above-captioned case,     159          

moves the court to issue an anti-stalking protection order         160          

containing terms designed to ensure the safety and protection of   161          

the complainant in relation to the named defendant, pursuant to    162          

its authority to issue such an order under section 2903.213 of     163          

the Revised Code.                                                  164          

      A complaint, a copy of which has been attached to this       166          

motion, has been filed in this court charging the named defendant  167          

with a violation of section 2903.21, 2903.211, 2903.22, or         168          

2911.211 of the Revised Code.                                      169          

                                                          5      

                                                                 
      I understand that I must appear before the court, at a time  171          

set by the court not later than the next day that the court is in  172          

session after the filing of this motion, for a hearing on the      173          

motion, and that any anti-stalking protection order granted        174          

pursuant to this motion is a pretrial condition of release and is  175          

effective only until the disposition of the criminal proceeding    176          

arising out of the attached complaint.                             177          

.....................................                              179          

Signature of complainant                                           181          

.....................................                              183          

Address of complainant"                                            185          

      (C)  As soon as possible after the filing of a motion that   187          

requests the issuance of an anti-stalking protection order, but    188          

not later than the next day that the court is in session after     189          

the filing of the motion, the court shall conduct a hearing to     190          

determine whether to issue the order.  The complainant shall       191          

appear before the court and provide the court with the             192          

information that it requests concerning the basis of the motion.   193          

If the court finds that the safety and protection of the           194          

complainant may be impaired by the continued presence of the       195          

alleged offender, the court may issue an anti-stalking protection  196          

order, as a pretrial condition of release, that contains terms     197          

designed to ensure the safety and protection of the complainant,   198          

including a requirement that the alleged offender refrain from     199          

entering the residence, school, business, or place of employment   200          

of the complainant.                                                201          

      (D)(1)  Except when the complaint involves a person who is   203          

a family or household member as defined in section 2919.25 of the  204          

Revised Code, upon the filing of a complaint that alleges a        205          

violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of    206          

the Revised Code, the court, upon its own motion, may issue an     207          

anti-stalking protection order as a pretrial condition of release  208          

of the alleged offender if it finds that the safety and            209          

protection of the complainant may be impaired by the continued     210          

                                                          6      

                                                                 
presence of the alleged offender.                                  211          

      (2)  If the court issues an anti-stalking protection order   213          

under this section as an ex parte order, it shall conduct, as      214          

soon as possible after the issuance of the order but not later     215          

than the next day the court is in session after its issuance, a    216          

hearing to determine whether the order should remain in effect,    217          

be modified, or be revoked.  The hearing shall be conducted under  218          

the standards set forth in division (C) of this section.           219          

      (3)  IF A MUNICIPAL COURT OR A COUNTY COURT ISSUES AN        222          

ANTI-STALKING PROTECTION ORDER UNDER THIS SECTION AND IF,          223          

SUBSEQUENT TO THE ISSUANCE OF THE ORDER, THE ALLEGED OFFENDER WHO  224          

IS THE SUBJECT OF THE ORDER IS BOUND OVER TO THE COURT OF COMMON   225          

PLEAS FOR PROSECUTION OF A FELONY ARISING OUT OF THE SAME          226          

ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE COMPLAINT UPON      227          

WHICH THE ORDER IS BASED, NOTWITHSTANDING THE FACT THAT THE ORDER  228          

WAS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT, THE ORDER SHALL   229          

REMAIN IN EFFECT WHILE THE CHARGES AGAINST THE ALLEGED OFFENDER    230          

ARE PENDING IN THE COURT OF COMMON PLEAS, FOR THE PERIOD OF TIME   231          

DESCRIBED IN DIVISION (E)(2) OF THIS SECTION.  THIS DIVISION       233          

APPLIES WHEN THE ALLEGED OFFENDER IS BOUND OVER TO THE COURT OF    234          

COMMON PLEAS AS A RESULT OF THE PERSON WAIVING A PRELIMINARY       235          

HEARING ON THE FELONY CHARGE, AS A RESULT OF THE MUNICIPAL COURT   236          

OR COUNTY COURT HAVING DETERMINED AT A PRELIMINARY HEARING THAT    237          

THERE IS PROBABLE CAUSE TO BELIEVE THAT THE FELONY HAS BEEN        238          

COMMITTED AND THAT THE ALLEGED OFFENDER COMMITTED IT, AS A RESULT  239          

OF THE ALLEGED OFFENDER HAVING BEEN INDICTED FOR THE FELONY, OR    240          

IN ANY OTHER MANNER.                                                            

      (E)  An anti-stalking protection order that is issued as a   242          

pretrial condition of release under this section:                  243          

      (1)  Is in addition to, but shall not be construed as a      245          

part of, any bail set under Criminal Rule 46;                      246          

      (2)  Is effective only until the disposition, BY THE COURT   248          

THAT ISSUED THE ORDER OR, IN THE CIRCUMSTANCES DESCRIBED IN        249          

DIVISION (D)(3) OF THIS SECTION, BY THE COURT OF COMMON PLEAS TO   250          

                                                          7      

                                                                 
WHICH THE ALLEGED OFFENDER IS BOUND OVER FOR PROSECUTION, of the   251          

criminal proceeding arising out of the complaint upon which it     252          

THE ORDER is based;                                                254          

      (3)  Shall not be construed as a finding that the alleged    256          

offender committed the alleged offense, and shall not be           257          

introduced as evidence of the commission of the offense at the     258          

trial of the alleged offender on the complaint upon which the      259          

order is based.                                                    260          

      (F)  A person who meets the criteria for bail under          262          

Criminal Rule 46 and who, if required to do so pursuant to that    263          

rule, executes or posts bond or deposits cash or securities as     264          

bail, shall not be held in custody pending a hearing before the    265          

court on a motion requesting an anti-stalking protection order.    266          

      (G)(1)  A copy of any anti-stalking protection order that    268          

is issued under this section shall be issued by the court to the   269          

complainant, to the defendant, and to all law enforcement          270          

agencies that have jurisdiction to enforce the order.  The court   271          

shall direct that a copy of the order be delivered to the          272          

defendant on the same day that the order is entered.  IF A         273          

MUNICIPAL COURT OR A COUNTY COURT ISSUES AN ANTI-STALKING          274          

PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE      275          

ISSUANCE OF THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE     276          

ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION   277          

AS DESCRIBED IN DIVISION (D)(3) OF THIS SECTION, THE MUNICIPAL     279          

COURT OR COUNTY COURT SHALL DIRECT THAT A COPY OF THE ORDER BE     280          

DELIVERED TO THE COURT OF COMMON PLEAS TO WHICH THE DEFENDANT IS   281          

BOUND OVER.                                                                     

      (2)  All law enforcement agencies shall establish and        283          

maintain an index for the anti-stalking protection orders          284          

delivered to the agencies pursuant to division (G)(1) of this      285          

section.  With respect to each order delivered, each agency shall  286          

note on the index, the date and time of the receipt of the order   287          

by the agency.                                                     288          

      (3)  Any officer of a law enforcement agency shall enforce   290          

                                                          8      

                                                                 
an anti-stalking protection order in accordance with the           291          

provisions of the order.                                           292          

      (H)  Upon a violation of an anti-stalking protection order,  294          

the court may issue another anti-stalking protection order, as a   295          

pretrial condition of release, that modifies the terms of the      296          

order that was violated.                                           297          

      (I)  Notwithstanding any provision of law to the contrary,   299          

no court shall charge a fee for the filing of a motion pursuant    300          

to this section.                                                   301          

      Sec. 2919.26.  (A)(1)  Upon the filing of a complaint that   311          

alleges a violation of section 2919.25 of the Revised Code, a      312          

violation of a municipal ordinance substantially similar to that   313          

section, a violation of section 2903.11, 2903.12, 2903.13,         314          

2903.211, or 2911.211 of the Revised Code that involves a person   315          

who was a family or household member at the time of the            316          

violation, or a violation of a municipal ordinance that is         317          

substantially similar to section 2903.13, 2903.211, or 2911.211    318          

of the Revised Code that involves a person who was a family or     319          

household member at the time of the violation, the complainant                  

may file, or, if in an emergency the complainant is unable to      320          

file, a person who made an arrest for the alleged violation under  321          

section 2935.03 of the Revised Code may file on behalf of the      322          

complainant, a motion that requests the issuance of a temporary    323          

protection order as a pretrial condition of release of the         324          

alleged offender, in addition to any bail set under Criminal Rule  325          

46.  The motion shall be filed with the clerk of the court that    326          

has jurisdiction of the case at any time after the filing of the   327          

complaint.                                                         328          

      (2)  For purposes of section 2930.09 of the Revised Code,    330          

all stages of a proceeding arising out of a violation specified    331          

in division (A)(1) of this section, including all proceedings on   332          

a motion for a temporary protection order, are critical stages of  333          

the case, and a complainant may be accompanied by a victim         334          

advocate or another person to provide support to the victim as                  

                                                          9      

                                                                 
provided in that section.                                          335          

      (B)  The motion shall be prepared on a form that is          337          

provided by the clerk of the court, which form shall be            338          

substantially as follows:                                          339          

             "MOTION FOR TEMPORARY PROTECTION ORDER                340          

                .......................... Court                   341          

                    Name and address of court                      342          

State of Ohio                                                      344          

      v.                                                           346          

                                                No. .............               

.................                                                  348          

Name of Defendant                                                  350          

(name of person), the complainant in the above-captioned case,     352          

moves the court to issue a temporary protection order containing   353          

terms designed to ensure the safety and protection of the          354          

complainant and other family or household members, in relation to  355          

the named defendant, pursuant to its authority to issue such an    356          

order under section 2919.26 of the Revised Code.                   357          

      A complaint, a copy of which has been attached to this       359          

motion, has been filed in this court charging the named defendant  360          

with at least one of the following violations of section 2919.25   361          

of the Revised Code that constitutes "domestic violence" or a      362          

municipal ordinance that is substantially similar to that          363          

section:  knowingly causing or attempting to cause physical harm   364          

to a family or household member; recklessly causing serious        365          

physical harm to a family or household member; or, by threat of    366          

force, knowingly causing a family or household member to believe   367          

that he THE NAMED DEFENDANT would cause imminent physical harm to  368          

that family or household member; charging the named defendant      369          

with felonious assault, aggravated assault, or assault that        370          

involved a family or household member in violation of section      371          

2903.11, 2903.12, or 2903.13 of the Revised Code; charging the     373          

named defendant with menacing by stalking or aggravated trespass   374          

that involves a family or household member in violation of                      

                                                          10     

                                                                 
section 2903.211 or 2911.211 of the Revised Code; or charging the  375          

named defendant with a violation of a municipal ordinance that is  376          

substantially similar to section 2903.13, 2903.211, or 2911.211    377          

of the Revised Code that involves a family or household member.    378          

      I understand that I must appear before the court, at a time  380          

set by the court within twenty-four hours after the filing of      381          

this motion, for a hearing on the motion or that, if I am unable   382          

to appear because of hospitalization or a medical condition        383          

resulting from the offense alleged in the complaint, a person who  384          

can provide information about my need for a temporary protection   385          

order must appear before the court in lieu of my appearing in      386          

court.  I understand that any temporary protection order granted   387          

pursuant to this motion is a pretrial condition of release and is  388          

effective only until the disposition of the criminal proceeding    389          

arising out of the attached complaint, or the issuance of a civil  390          

protection order or the approval of a consent agreement, arising   391          

out of the same activities as those that were the basis of the     392          

complaint, under section 3113.31 of the Revised Code.              393          

..........................................                         395          

Signature of complainant                                           397          

(or signature of the arresting officer who filed the motion on     399          

behalf of the complainant)                                         400          

..........................................                         402          

Address of complainant (or office address of the arresting         404          

officer who filed the motion on behalf of the complainant)"        405          

      (C)  As soon as possible after the filing of a motion that   407          

requests the issuance of a temporary protection order, but not     408          

later than twenty-four hours after the filing of the motion, the   409          

court shall conduct a hearing to determine whether to issue the    410          

order.  The person who requested the order shall appear before     411          

the court and provide the court with the information that it       412          

requests concerning the basis of the motion.  If the person who    413          

requested the order is unable to appear and if the court finds     414          

that the failure to appear is because of the person's              415          

                                                          11     

                                                                 
hospitalization or medical condition resulting from the offense    416          

alleged in the complaint, another person who is able to provide                 

the court with the information it requests may appear in lieu of   417          

the person who requested the order.  If the court finds that the   418          

safety and protection of the complainant or other family or        420          

household member of the alleged offender may be impaired by the    421          

continued presence of the alleged offender, the court may issue a  422          

temporary protection order, as a pretrial condition of release,    423          

that contains terms designed to ensure the safety and protection   424          

of the complainant or family or household member, including a      425          

requirement that the alleged offender refrain from entering the    426          

residence, school, business, or place of employment of the         427          

complainant or family or household member.                                      

      (D)(1)  Upon the filing of a complaint that alleges a        429          

violation of section 2919.25 of the Revised Code, a violation of   430          

a municipal ordinance that is substantially similar to that        431          

section, a violation of section 2903.11, 2903.12, 2903.13,         432          

2903.211, or 2911.211 of the Revised Code that involves a person   433          

who was a family or household member at the time of the            434          

violation, or a violation of a municipal ordinance that is         435          

substantially similar to section 2903.13, 2903.211, or 2911.211                 

of the Revised Code that involves a person who was a family or     436          

household member at the time of the violation, the court, upon     437          

its own motion, may issue a temporary protection order as a        438          

pretrial condition of release if it finds that the safety and      439          

protection of the complainant or other family or household member  440          

of the alleged offender may be impaired by the continued presence  441          

of the alleged offender.                                           442          

      (2)  If the court issues a temporary protection order under  444          

this section as an ex parte order, it shall conduct, as soon as    445          

possible after the issuance of the order, a hearing in the         446          

presence of the alleged offender not later than the next day on    447          

which the court is scheduled to conduct business after the day on  448          

which the alleged offender was arrested or at the time of the      449          

                                                          12     

                                                                 
appearance of the alleged offender pursuant to summons to          450          

determine whether the order should remain in effect, be modified,               

or be revoked.  The hearing shall be conducted under the           451          

standards set forth in division (C) of this section.               452          

      (3)  An order issued under this division SECTION shall       454          

contain only those terms authorized in orders issued under         456          

division (C) of this section.                                      457          

      (4)  IF A MUNICIPAL COURT OR A COUNTY COURT ISSUES A         460          

TEMPORARY PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT   461          

TO THE ISSUANCE OF THE ORDER, THE ALLEGED OFFENDER WHO IS THE      462          

SUBJECT OF THE ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS    463          

FOR PROSECUTION OF A FELONY ARISING OUT OF THE SAME ACTIVITIES AS  464          

THOSE THAT WERE THE BASIS OF THE COMPLAINT UPON WHICH THE ORDER    465          

IS BASED, NOTWITHSTANDING THE FACT THAT THE ORDER WAS ISSUED BY A  466          

MUNICIPAL COURT OR COUNTY COURT, THE ORDER SHALL REMAIN IN EFFECT  467          

WHILE THE CHARGES AGAINST THE ALLEGED OFFENDER ARE PENDING IN THE  468          

COURT OF COMMON PLEAS, FOR THE PERIOD OF TIME DESCRIBED IN         469          

DIVISION (E)(2) OF THIS SECTION.  THIS DIVISION APPLIES WHEN THE   471          

ALLEGED OFFENDER IS BOUND OVER TO THE COURT OF COMMON PLEAS AS A   472          

RESULT OF THE PERSON WAIVING A PRELIMINARY HEARING ON THE FELONY   473          

CHARGE, AS A RESULT OF THE MUNICIPAL COURT OR COUNTY COURT HAVING  474          

DETERMINED AT A PRELIMINARY HEARING THAT THERE IS PROBABLE CAUSE   475          

TO BELIEVE THAT THE FELONY HAS BEEN COMMITTED AND THAT THE         476          

ALLEGED OFFENDER COMMITTED IT, AS A RESULT OF THE ALLEGED          477          

OFFENDER HAVING BEEN INDICTED FOR THE FELONY, OR IN ANY OTHER      478          

MANNER.                                                                         

      (E)  A temporary protection order that is issued as a        480          

pretrial condition of release under this section:                  481          

      (1)  Is in addition to, but shall not be construed as a      483          

part of, any bail set under Criminal Rule 46;                      484          

      (2)  Is effective only until the OCCURRENCE OF EITHER OF     486          

THE FOLLOWING:                                                                  

      (a)  THE disposition, BY THE COURT THAT ISSUED THE ORDER     489          

OR, IN THE CIRCUMSTANCES DESCRIBED IN DIVISION (D)(4) OF THIS      490          

                                                          13     

                                                                 
SECTION, BY THE COURT OF COMMON PLEAS TO WHICH THE ALLEGED         491          

OFFENDER IS BOUND OVER FOR PROSECUTION, of the criminal            493          

proceeding arising out of the complaint upon which it THE ORDER    494          

is based, or the;                                                               

      (b)  THE issuance of a protection order or the approval of   496          

a consent agreement, arising out of the same activities as those   497          

that were the basis of the complaint UPON WHICH THE ORDER IS       498          

BASED, under section 3113.31 of the Revised Code;                  500          

      (3)  Shall not be construed as a finding that the alleged    502          

offender committed the alleged offense, and shall not be           503          

introduced as evidence of the commission of the offense at the     504          

trial of the alleged offender on the complaint upon which the      505          

order is based.                                                    506          

      (F)  A person who meets the criteria for bail under          508          

Criminal Rule 46 and who, if required to do so pursuant to that    509          

rule, executes or posts bond or deposits cash or securities as     510          

bail, shall not be held in custody pending a hearing before the    511          

court on a motion requesting a temporary protection order.         512          

      (G)(1)  A copy of any temporary protection order that is     514          

issued under this section shall be issued by the court to the      515          

complainant, to the defendant, and to all law enforcement          516          

agencies that have jurisdiction to enforce the order.  The court   517          

shall direct that a copy of the order be delivered to the          518          

defendant on the same day that the order is entered.  IF A         519          

MUNICIPAL COURT OR A COUNTY COURT ISSUES A TEMPORARY PROTECTION    521          

ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE ISSUANCE OF     522          

THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE ORDER IS BOUND  523          

OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION AS DESCRIBED IN  524          

DIVISION (D)(4) OF THIS SECTION, THE MUNICIPAL COURT OR COUNTY     525          

COURT SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE    526          

COURT OF COMMON PLEAS TO WHICH THE DEFENDANT IS BOUND OVER.        527          

      (2)  All law enforcement agencies shall establish and        529          

maintain an index for the temporary protection orders delivered    530          

to the agencies pursuant to division (G)(1) of this section. With  532          

                                                          14     

                                                                 
respect to each order delivered, each agency shall note on the     533          

index, the date and time of the receipt of the order by the                     

agency.                                                            534          

      (3)  A complainant who obtains a temporary protection order  537          

under this section may provide notice of the issuance of the       538          

temporary protection order to the judicial and law enforcement     539          

officials in any county other than the county in which the order   540          

is issued by registering that order in the other county in         541          

accordance with division (N) of section 3113.31 of the Revised     542          

Code and filing a copy of the registered protection order with a   543          

law enforcement agency in the other county in accordance with      544          

that division.                                                                  

      (4)  Any officer of a law enforcement agency shall enforce   546          

a temporary protection order issued by any court in this state in  547          

accordance with the provisions of the order, including removing    549          

the defendant from the premises, regardless of whether the order   550          

is registered in the county in which the officer's agency has      551          

jurisdiction as authorized by division (G)(3) of this section.                  

      (H)  Upon a violation of a temporary protection order, the   553          

court may issue another temporary protection order, as a pretrial  554          

condition of release, that modifies the terms of the order that    555          

was violated.                                                      556          

      (I)(1)  As used in divisions (I)(1) and (2) of this          559          

section, "defendant" means a person who is alleged in a complaint  560          

to have committed a violation of the type described in division    561          

(A) of this section.                                                            

      (2)  If a complaint is filed that alleges that a person      563          

committed a violation of the type described in division (A) of     565          

this section, the court may not issue a temporary protection       566          

order under this section that requires the complainant or another  567          

family or household member of the defendant to do or refrain from  568          

doing an act that the court may require the defendant to do or     569          

refrain from doing under a temporary protection order unless both  570          

of the following apply:                                                         

                                                          15     

                                                                 
      (a)  The defendant has filed a separate complaint that       573          

alleges that the complainant or other family or household member   574          

in question who would be required under the order to do or         575          

refrain from doing the act committed a violation of the type       576          

described in division (A) of this section.                                      

      (b)  The court determines that both the complainant or       579          

other family or household member in question who would be          580          

required under the order to do or refrain from doing the act and   581          

the defendant acted primarily as aggressors, that neither the      582          

complainant or other family or household member in question who    583          

would be required under the order to do or refrain from doing the  584          

act nor the defendant acted primarily in self-defense, and, in     585          

accordance with the standards and criteria of this section as                   

applied in relation to the separate complaint filed by the         586          

defendant, that it should issue the order to require the           587          

complainant or other family or household member in question to do  588          

or refrain from doing the act.                                     589          

      (J)  Notwithstanding any provision of law to the contrary,   592          

no court shall charge a fee for the filing of a motion pursuant    593          

to this section.                                                                

      (K)  As used in this section, "victim advocate" means a      596          

person who provides support and assistance for a victim of an      597          

offense during court proceedings.                                               

      Sec. 2930.06.  (A)  The prosecutor in a case, to the extent  606          

practicable, shall confer with the victim in the case before       607          

pretrial diversion is granted to the defendant in the case,        608          

before amending or dismissing an indictment, information, or       610          

complaint against that defendant, before agreeing to a negotiated  611          

plea for that defendant, or before a trial of that defendant by    612          

judge or jury.  If the prosecutor fails to confer with the victim  613          

at any of those times, the court, if informed of the failure,      615          

shall note on the record the failure and the prosecutor's reasons               

for the failure.  A prosecutor's failure to confer with a victim   616          

as required by this division does not affect the validity of an    617          

                                                          16     

                                                                 
agreement between the prosecutor and the defendant in the case, a  619          

pretrial diversion of the defendant, an amendment or dismissal of  620          

an indictment, information, or complaint filed against the         621          

defendant, a plea entered by the defendant, or any other           622          

disposition in the case.  A COURT SHALL NOT DISMISS A CRIMINAL     624          

COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE                     

REQUEST OF THE VICTIM AND OVER THE OBJECTION OF THE PROSECUTING    625          

ATTORNEY, VILLAGE SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF  626          

LEGAL OFFICER RESPONSIBLE FOR THE PROSECUTION OF THE CASE.         627          

      (B)  After a prosecution in a case has been commenced, the   629          

prosecutor or a designee of the prosecutor other than a court or   631          

court employee, to the extent practicable, promptly shall give     632          

the victim all of the following information:                                    

      (1)  The name of the offense with which the defendant in     634          

the case has been charged and the name of the defendant;           635          

      (2)  The file number of the case;                            637          

      (3)  A brief statement regarding the procedural steps in a   639          

criminal case involving an offense similar to the offense with     640          

which the defendant has been charged and the right of the victim   642          

to be present during all proceedings held throughout the           643          

prosecution of a case;                                                          

      (4)  A summary of the rights of a victim under this          645          

chapter;                                                           646          

      (5)  Procedures the victim or the prosecutor may follow if   648          

the victim becomes subject to threats or intimidation by the       650          

defendant or any other person;                                     651          

      (6)  The name and business telephone number of a person to   653          

contact for further information with respect to the case;          654          

      (7)  The right of the victim to have a victim's              656          

representative exercise the victim's rights under this chapter in  657          

accordance with section 2930.02 of the Revised Code and the        658          

procedure by which a victim's representative may be designated;    659          

      (8)  Notice that any notification under division (C) of      662          

this section and sections 2930.07 to 2930.19 of the Revised Code                

                                                          17     

                                                                 
will be given to the victim only if the victim asks to receive     663          

the notification.                                                  664          

      (C)  Upon the request of the victim, the prosecutor shall    666          

give the victim notice of the date, time, and place of any         667          

scheduled court proceedings in the case and notice of any changes  668          

in those proceedings or in the schedule in the case.               669          

      (D)  A victim who requests notice under division (C) of      672          

this section and who elects pursuant to division (B) of section                 

2930.03 of the Revised Code to receive any further notice from     674          

the prosecutor under this chapter shall keep the prosecutor        675          

informed of the victim's current address and telephone number      676          

until the case is dismissed or terminated, the defendant is        677          

acquitted or sentenced, or the appellate process is completed,     678          

whichever is the final disposition in the case.                                 

      Sec. 2931.03.  The court of common pleas has original        687          

jurisdiction of all crimes and offenses, except in cases of minor  688          

offenses the exclusive jurisdiction of which is vested in courts   689          

inferior to the court of common pleas.                             690          

      A JUDGE OF A COURT OF COMMON PLEAS DOES NOT HAVE THE         692          

AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION,    693          

OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS     694          

AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY OR OTHER CHIEF  695          

LEGAL OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.  696          

      Section 2.  That existing sections 1901.20, 1907.02,         698          

2903.213, 2919.26, 2930.06, and 2931.03 of the Revised Code are    700          

hereby repealed.