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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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(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.