As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 98 5
1997-1998 6
SENATORS B. JOHNSON-DRAKE-KEARNS-REPRESENTATIVES SUTTON-LUCAS- 8
FORD-GARCIA-TAYLOR-MYERS-WOMER BENJAMIN-MASON-LEWIS-CORE- 9
CLANCY-OPFER-PADGETT-MOTTLEY-TERWILLEGER-VESPER 10
12
A B I L L
To amend sections 1901.20, 1907.02, 2903.213, 14
2919.26, 2930.06, and 2931.03 of the Revised Code 16
to provide that a court is not authorized to 17
dismiss criminal charges when the only reason for 18
dismissal is the request of the complaining 19
witness and the prosecutor objects to the 20
dismissal and to specify that domestic violence 21
criminal temporary protection orders and 22
anti-stalking protection orders issued by a 23
municipal court or county court continue in 24
effect subsequent to the transfer of the case to 25
a court of common pleas until disposition of the 26
case or, in relation to domestic violence 27
criminal temporary protection orders, the 28
issuance of a domestic violence civil protection 29
order. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 1901.20, 1907.02, 2903.213, 34
2919.26, 2930.06, and 2931.03 of the Revised Code be amended to 37
read as follows:
Sec. 1901.20. (A)(1) The municipal court has jurisdiction 46
of the violation of any ordinance of any municipal corporation 47
within its territory, unless the violation is required to be 48
handled by a parking violations bureau or joint parking 49
2
violations bureau pursuant to Chapter 4521. of the Revised Code, 50
and of the violation of any misdemeanor committed within the 51
limits of its territory. The municipal court has jurisdiction of 52
the violation of a vehicle parking or standing resolution or 53
regulation if a local authority, as defined in division (D) of 54
section 4521.01 of the Revised Code, has specified that it is not 55
to be considered a criminal offense, if the violation is 56
committed within the limits of the court's territory, and if the 57
violation is not required to be handled by a parking violations 58
bureau or joint parking violations bureau pursuant to Chapter 59
4521. of the Revised Code. The municipal court, if it has a 60
housing or environmental division, has jurisdiction of any 61
criminal action over which the housing or environmental division 62
is given jurisdiction by section 1901.181 of the Revised Code, 63
provided that, except as specified in division (B) of that 64
section, no judge of the court other than the judge of the 65
division shall hear or determine any action over which the 66
division has jurisdiction. In all such prosecutions and cases, 67
the court shall proceed to a final determination of the 68
prosecution or case. 69
(2) A JUDGE OF A MUNICIPAL COURT DOES NOT HAVE THE 71
AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, 72
OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS 73
AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE 74
SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO 75
IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) The municipal court has jurisdiction to hear felony 77
cases committed within its territory. In all felony cases, the 78
court may conduct preliminary hearings and other necessary 79
hearings prior to the indictment of the defendant or prior to the 80
court's finding that there is probable and reasonable cause to 81
hold or recognize the defendant to appear before a court of 82
common pleas and may discharge, recognize, or commit the 83
defendant. 84
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(C) A municipal court has jurisdiction of an appeal from a 86
judgment or default judgment entered pursuant to Chapter 4521. of 87
the Revised Code, as authorized by division (D) of section 88
4521.08 of the Revised Code. The appeal shall be placed on the 89
regular docket of the court and shall be determined by a judge of 90
the court. 91
Sec. 1907.02. (A)(1) In addition to other jurisdiction 100
granted a county court in the Revised Code, a county court has 101
jurisdiction of all misdemeanor cases. A county court has 102
jurisdiction to conduct preliminary hearings in felony cases, to 103
bind over alleged felons to the court of common pleas, and to 104
take other action in felony cases as authorized by Criminal Rule 105
5. 106
(2) A JUDGE OF A COUNTY COURT DOES NOT HAVE THE AUTHORITY 108
TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR 109
INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS AND 110
OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE 111
SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER WHO 112
IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) A county court has jurisdiction of the violation of a 114
vehicle parking or standing ordinance, resolution, or regulation 115
if a local authority, as defined in division (D) of section 116
4521.01 of the Revised Code, has specified that it is not to be 117
considered a criminal offense, if the violation is committed 118
within the limits of the court's territory, and if the violation 119
is not required to be handled by a parking violations bureau or 120
joint parking violations bureau pursuant to Chapter 4521. of the 121
Revised Code. A county court does not have jurisdiction over 122
violations of ordinances, resolutions, or regulations that are 123
required to be handled by a parking violations bureau or joint 124
parking violations bureau pursuant to that chapter. 125
A county court also has jurisdiction of an appeal from a 127
judgment or default judgment entered pursuant to Chapter 4521. of 128
the Revised Code, as authorized by division (D) of section 129
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4521.08 of the Revised Code. Any such appeal shall be placed on 130
the regular docket of the court and shall be determined by a 131
judge of the court. 132
Sec. 2903.213. (A) Except when the complaint involves a 141
person who is a family or household member as defined in section 142
2919.25 of the Revised Code, upon the filing of a complaint that 143
alleges a violation of section 2903.11, 2903.12, 2903.13, 144
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a 146
violation of a municipal ordinance substantially similar to 147
section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the 148
Revised Code, the complainant may file a motion that requests the 149
issuance of an anti-stalking protection order as a pretrial 150
condition of release of the alleged offender, in addition to any 151
bail set under Criminal Rule 46. The motion shall be filed with 152
the clerk of the court that has jurisdiction of the case at any 153
time after the filing of the complaint. If the complaint 154
involves a person who is a family or household member, the 155
complainant may file a motion for a temporary protection order 156
pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking protection order shall 158
be prepared on a form that is provided by the clerk of the court, 159
which form shall be substantially as follows: 160
"Motion for Anti-stalking Protection Order 161
................. Court 162
Name and address of court 163
State of Ohio 165
v. No. ....... 166
..................................... 167
Name of Defendant 168
(Name of person), the complainant in the above-captioned case, 170
moves the court to issue an anti-stalking protection order 171
containing terms designed to ensure the safety and protection of 172
the complainant in relation to the named defendant, pursuant to 173
its authority to issue such an order under section 2903.213 of 174
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the Revised Code. 175
A complaint, a copy of which has been attached to this 177
motion, has been filed in this court charging the named defendant 178
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 179
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation 181
of a municipal ordinance substantially similar to section 182
2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 183
Code.
I understand that I must appear before the court, at a time 185
set by the court not later than the next day that the court is in 186
session after the filing of this motion, for a hearing on the 187
motion, and that any anti-stalking protection order granted 188
pursuant to this motion is a pretrial condition of release and is 189
effective only until the disposition of the criminal proceeding 190
arising out of the attached complaint. 191
..................................... 193
Signature of complainant 195
..................................... 197
Address of complainant" 199
(C) As soon as possible after the filing of a motion that 201
requests the issuance of an anti-stalking protection order, but 202
not later than the next day that the court is in session after 203
the filing of the motion, the court shall conduct a hearing to 204
determine whether to issue the order. The complainant shall 205
appear before the court and provide the court with the 206
information that it requests concerning the basis of the motion. 207
If the court finds that the safety and protection of the 208
complainant may be impaired by the continued presence of the 209
alleged offender, the court may issue an anti-stalking protection 210
order, as a pretrial condition of release, that contains terms 211
designed to ensure the safety and protection of the complainant, 212
including a requirement that the alleged offender refrain from 213
entering the residence, school, business, or place of employment 214
of the complainant. 215
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(D)(1) Except when the complaint involves a person who is 217
a family or household member as defined in section 2919.25 of the 218
Revised Code, upon the filing of a complaint that alleges a 219
violation specified in division (A) of this section, the court, 220
upon its own motion, may issue an anti-stalking protection order 222
as a pretrial condition of release of the alleged offender if it 223
finds that the safety and protection of the complainant may be 224
impaired by the continued presence of the alleged offender. 225
(2) If the court issues an anti-stalking protection order 227
under this section as an ex parte order, it shall conduct, as 228
soon as possible after the issuance of the order but not later 229
than the next day the court is in session after its issuance, a 230
hearing to determine whether the order should remain in effect, 231
be modified, or be revoked. The hearing shall be conducted under 232
the standards set forth in division (C) of this section. 233
(3) IF A MUNICIPAL COURT OR A COUNTY COURT ISSUES AN 236
ANTI-STALKING PROTECTION ORDER UNDER THIS SECTION AND IF, 237
SUBSEQUENT TO THE ISSUANCE OF THE ORDER, THE ALLEGED OFFENDER WHO 238
IS THE SUBJECT OF THE ORDER IS BOUND OVER TO THE COURT OF COMMON 239
PLEAS FOR PROSECUTION OF A FELONY ARISING OUT OF THE SAME 240
ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE COMPLAINT UPON 241
WHICH THE ORDER IS BASED, NOTWITHSTANDING THE FACT THAT THE ORDER 242
WAS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT, THE ORDER SHALL 243
REMAIN IN EFFECT, AS THOUGH IT WERE AN ORDER OF THE COURT OF 244
COMMON PLEAS, WHILE THE CHARGES AGAINST THE ALLEGED OFFENDER ARE 245
PENDING IN THE COURT OF COMMON PLEAS, FOR THE PERIOD OF TIME 246
DESCRIBED IN DIVISION (E)(2) OF THIS SECTION, AND THE COURT OF 247
COMMON PLEAS HAS EXCLUSIVE JURISDICTION TO MODIFY THE ORDER 248
ISSUED BY THE MUNICIPAL COURT OR COUNTY COURT. THIS DIVISION 250
APPLIES WHEN THE ALLEGED OFFENDER IS BOUND OVER TO THE COURT OF 251
COMMON PLEAS AS A RESULT OF THE PERSON WAIVING A PRELIMINARY 252
HEARING ON THE FELONY CHARGE, AS A RESULT OF THE MUNICIPAL COURT 253
OR COUNTY COURT HAVING DETERMINED AT A PRELIMINARY HEARING THAT 254
THERE IS PROBABLE CAUSE TO BELIEVE THAT THE FELONY HAS BEEN 255
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COMMITTED AND THAT THE ALLEGED OFFENDER COMMITTED IT, AS A RESULT 256
OF THE ALLEGED OFFENDER HAVING BEEN INDICTED FOR THE FELONY, OR 257
IN ANY OTHER MANNER.
(E) An anti-stalking protection order that is issued as a 259
pretrial condition of release under this section: 260
(1) Is in addition to, but shall not be construed as a 262
part of, any bail set under Criminal Rule 46; 263
(2) Is effective only until the disposition, BY THE COURT 265
THAT ISSUED THE ORDER OR, IN THE CIRCUMSTANCES DESCRIBED IN 266
DIVISION (D)(3) OF THIS SECTION, BY THE COURT OF COMMON PLEAS TO 267
WHICH THE ALLEGED OFFENDER IS BOUND OVER FOR PROSECUTION, of the 268
criminal proceeding arising out of the complaint upon which it 269
THE ORDER is based; 271
(3) Shall not be construed as a finding that the alleged 273
offender committed the alleged offense, and shall not be 274
introduced as evidence of the commission of the offense at the 275
trial of the alleged offender on the complaint upon which the 276
order is based. 277
(F) A person who meets the criteria for bail under 279
Criminal Rule 46 and who, if required to do so pursuant to that 280
rule, executes or posts bond or deposits cash or securities as 281
bail, shall not be held in custody pending a hearing before the 282
court on a motion requesting an anti-stalking protection order. 283
(G)(1) A copy of any anti-stalking protection order that 285
is issued under this section shall be issued by the court to the 286
complainant, to the defendant, and to all law enforcement 287
agencies that have jurisdiction to enforce the order. The court 288
shall direct that a copy of the order be delivered to the 289
defendant on the same day that the order is entered. IF A 290
MUNICIPAL COURT OR A COUNTY COURT ISSUES AN ANTI-STALKING 291
PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE 292
ISSUANCE OF THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE 293
ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION 294
AS DESCRIBED IN DIVISION (D)(3) OF THIS SECTION, THE MUNICIPAL 296
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COURT OR COUNTY COURT SHALL DIRECT THAT A COPY OF THE ORDER BE 297
DELIVERED TO THE COURT OF COMMON PLEAS TO WHICH THE DEFENDANT IS 298
BOUND OVER.
(2) All law enforcement agencies shall establish and 300
maintain an index for the anti-stalking protection orders 301
delivered to the agencies pursuant to division (G)(1) of this 302
section. With respect to each order delivered, each agency shall 303
note on the index, the date and time of the receipt of the order 304
by the agency. 305
(3) Any officer of a law enforcement agency shall enforce 307
an anti-stalking protection order in accordance with the 308
provisions of the order. 309
(H) Upon a violation of an anti-stalking protection order, 311
the court may issue another anti-stalking protection order, as a 312
pretrial condition of release, that modifies the terms of the 313
order that was violated. 314
(I) Notwithstanding any provision of law to the contrary, 316
no court shall charge a fee for the filing of a motion pursuant 317
to this section. 318
Sec. 2919.26. (A)(1) Upon the filing of a complaint that 328
alleges a violation of section 2919.25 of the Revised Code, a 329
violation of a municipal ordinance substantially similar to that 330
section, a violation of section 2903.11, 2903.12, 2903.13, 331
2903.211, or 2911.211 of the Revised Code that involves a person 332
who was a family or household member at the time of the 333
violation, or a violation of a municipal ordinance that is 334
substantially similar to section 2903.13, 2903.211, or 2911.211 335
of the Revised Code that involves a person who was a family or 336
household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to 337
file, a person who made an arrest for the alleged violation under 338
section 2935.03 of the Revised Code may file on behalf of the 339
complainant, a motion that requests the issuance of a temporary 340
protection order as a pretrial condition of release of the 341
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alleged offender, in addition to any bail set under Criminal Rule 342
46. The motion shall be filed with the clerk of the court that 343
has jurisdiction of the case at any time after the filing of the 344
complaint. 345
(2) For purposes of section 2930.09 of the Revised Code, 347
all stages of a proceeding arising out of a violation specified 348
in division (A)(1) of this section, including all proceedings on 349
a motion for a temporary protection order, are critical stages of 350
the case, and a complainant may be accompanied by a victim 351
advocate or another person to provide support to the victim as
provided in that section. 352
(B) The motion shall be prepared on a form that is 354
provided by the clerk of the court, which form shall be 355
substantially as follows: 356
"MOTION FOR TEMPORARY PROTECTION ORDER 357
.......................... Court 358
Name and address of court 359
State of Ohio 361
v. 363
No. .............
................. 365
Name of Defendant 367
(name of person), the complainant in the above-captioned case, 369
moves the court to issue a temporary protection order containing 370
terms designed to ensure the safety and protection of the 371
complainant and other family or household members, in relation to 372
the named defendant, pursuant to its authority to issue such an 373
order under section 2919.26 of the Revised Code. 374
A complaint, a copy of which has been attached to this 376
motion, has been filed in this court charging the named defendant 377
with at least one of the following violations of section 2919.25 378
of the Revised Code that constitutes "domestic violence" or a 379
municipal ordinance that is substantially similar to that 380
section: knowingly causing or attempting to cause physical harm 381
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to a family or household member; recklessly causing serious 382
physical harm to a family or household member; or, by threat of 383
force, knowingly causing a family or household member to believe 384
that the named defendant would cause imminent physical harm to 385
that family or household member; charging the named defendant 386
with felonious assault, aggravated assault, or assault that 387
involved a family or household member in violation of section 388
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the 390
named defendant with menacing by stalking or aggravated trespass 391
that involves a family or household member in violation of
section 2903.211 or 2911.211 of the Revised Code; or charging the 392
named defendant with a violation of a municipal ordinance that is 393
substantially similar to section 2903.13, 2903.211, or 2911.211 394
of the Revised Code that involves a family or household member. 395
I understand that I must appear before the court, at a time 397
set by the court within twenty-four hours after the filing of 398
this motion, for a hearing on the motion or that, if I am unable 399
to appear because of hospitalization or a medical condition 400
resulting from the offense alleged in the complaint, a person who 401
can provide information about my need for a temporary protection 402
order must appear before the court in lieu of my appearing in 403
court. I understand that any temporary protection order granted 404
pursuant to this motion is a pretrial condition of release and is 405
effective only until the disposition of the criminal proceeding 406
arising out of the attached complaint, or the issuance of a civil 407
protection order or the approval of a consent agreement, arising 408
out of the same activities as those that were the basis of the 409
complaint, under section 3113.31 of the Revised Code. 410
.......................................... 412
Signature of complainant 414
(or signature of the arresting officer who filed the motion on 416
behalf of the complainant) 417
.......................................... 419
Address of complainant (or office address of the arresting 421
11
officer who filed the motion on behalf of the complainant)" 422
(C)(1) As soon as possible after the filing of a motion 424
that requests the issuance of a temporary protection order, but 425
not later than twenty-four hours after the filing of the motion, 426
the court shall conduct a hearing to determine whether to issue 427
the order. The person who requested the order shall appear 428
before the court and provide the court with the information that 429
it requests concerning the basis of the motion. If the person 430
who requested the order is unable to appear and if the court 431
finds that the failure to appear is because of the person's 432
hospitalization or medical condition resulting from the offense 433
alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of 434
the person who requested the order. If the court finds that the 435
safety and protection of the complainant or any other family or 437
household member of the alleged offender may be impaired by the 438
continued presence of the alleged offender, the court may issue a 439
temporary protection order, as a pretrial condition of release, 440
that contains terms designed to ensure the safety and protection 441
of the complainant or the family or household member, including a 442
requirement that the alleged offender refrain from entering the 443
residence, school, business, or place of employment of the 444
complainant or the family or household member.
(2)(a) If the court issues a temporary protection order 446
that includes a requirement that the alleged offender refrain 447
from entering the residence, school, business, or place of 448
employment of the complainant or the family or household member, 449
the order shall state clearly that the order cannot be waived or 450
nullified by an invitation to the alleged offender from the
complainant or family or household member to enter the residence, 451
school, business, or place of employment or by the alleged 452
offender's entry into one of those places otherwise upon the 453
consent of the complainant or family or household member. 454
(b) Division (C)(2)(a) of this section does not limit any 456
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discretion of a court to determine that an alleged offender 457
charged with a violation of section 2919.27 of the Revised Code, 458
with a violation of a municipal ordinance substantially 459
equivalent to that section, or with contempt of court, which
charge is based on an alleged violation of a temporary protection 460
order issued under this section, did not commit the violation or 461
was not in contempt of court. 462
(D)(1) Upon the filing of a complaint that alleges a 463
violation of section 2919.25 of the Revised Code, a violation of 464
a municipal ordinance that is substantially similar to that 465
section, a violation of section 2903.11, 2903.12, 2903.13, 466
2903.211, or 2911.211 of the Revised Code that involves a person 467
who was a family or household member at the time of the 468
violation, or a violation of a municipal ordinance that is 469
substantially similar to section 2903.13, 2903.211, or 2911.211
of the Revised Code that involves a person who was a family or 470
household member at the time of the violation, the court, upon 471
its own motion, may issue a temporary protection order as a 472
pretrial condition of release if it finds that the safety and 473
protection of the complainant or other family or household member 474
of the alleged offender may be impaired by the continued presence 475
of the alleged offender. 476
(2) If the court issues a temporary protection order under 478
this section as an ex parte order, it shall conduct, as soon as 479
possible after the issuance of the order, a hearing in the 480
presence of the alleged offender not later than the next day on 481
which the court is scheduled to conduct business after the day on 482
which the alleged offender was arrested or at the time of the 483
appearance of the alleged offender pursuant to summons to 484
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the 485
standards set forth in division (C) of this section. 486
(3) An order issued under this division SECTION shall 488
contain only those terms authorized in orders issued under 490
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division (C) of this section. 491
(4) IF A MUNICIPAL COURT OR A COUNTY COURT ISSUES A 494
TEMPORARY PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT 495
TO THE ISSUANCE OF THE ORDER, THE ALLEGED OFFENDER WHO IS THE 496
SUBJECT OF THE ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS 497
FOR PROSECUTION OF A FELONY ARISING OUT OF THE SAME ACTIVITIES AS 498
THOSE THAT WERE THE BASIS OF THE COMPLAINT UPON WHICH THE ORDER 499
IS BASED, NOTWITHSTANDING THE FACT THAT THE ORDER WAS ISSUED BY A 500
MUNICIPAL COURT OR COUNTY COURT, THE ORDER SHALL REMAIN IN 501
EFFECT, AS THOUGH IT WERE AN ORDER OF THE COURT OF COMMON PLEAS, 502
WHILE THE CHARGES AGAINST THE ALLEGED OFFENDER ARE PENDING IN THE 503
COURT OF COMMON PLEAS, FOR THE PERIOD OF TIME DESCRIBED IN 504
DIVISION (E)(2) OF THIS SECTION, AND THE COURT OF COMMON PLEAS 505
HAS EXCLUSIVE JURISDICTION TO MODIFY THE ORDER ISSUED BY THE 506
MUNICIPAL COURT OR COUNTY COURT. THIS DIVISION APPLIES WHEN THE 509
ALLEGED OFFENDER IS BOUND OVER TO THE COURT OF COMMON PLEAS AS A 510
RESULT OF THE PERSON WAIVING A PRELIMINARY HEARING ON THE FELONY 511
CHARGE, AS A RESULT OF THE MUNICIPAL COURT OR COUNTY COURT HAVING 512
DETERMINED AT A PRELIMINARY HEARING THAT THERE IS PROBABLE CAUSE 513
TO BELIEVE THAT THE FELONY HAS BEEN COMMITTED AND THAT THE 514
ALLEGED OFFENDER COMMITTED IT, AS A RESULT OF THE ALLEGED 515
OFFENDER HAVING BEEN INDICTED FOR THE FELONY, OR IN ANY OTHER 516
MANNER.
(E) A temporary protection order that is issued as a 518
pretrial condition of release under this section: 519
(1) Is in addition to, but shall not be construed as a 521
part of, any bail set under Criminal Rule 46; 522
(2) Is effective only until the OCCURRENCE OF EITHER OF 524
THE FOLLOWING:
(a) THE disposition, BY THE COURT THAT ISSUED THE ORDER 527
OR, IN THE CIRCUMSTANCES DESCRIBED IN DIVISION (D)(4) OF THIS 528
SECTION, BY THE COURT OF COMMON PLEAS TO WHICH THE ALLEGED 529
OFFENDER IS BOUND OVER FOR PROSECUTION, of the criminal 531
proceeding arising out of the complaint upon which it THE ORDER 532
14
is based, or the;
(b) THE issuance of a protection order or the approval of 534
a consent agreement, arising out of the same activities as those 535
that were the basis of the complaint UPON WHICH THE ORDER IS 536
BASED, under section 3113.31 of the Revised Code; 538
(3) Shall not be construed as a finding that the alleged 540
offender committed the alleged offense, and shall not be 541
introduced as evidence of the commission of the offense at the 542
trial of the alleged offender on the complaint upon which the 543
order is based. 544
(F) A person who meets the criteria for bail under 546
Criminal Rule 46 and who, if required to do so pursuant to that 547
rule, executes or posts bond or deposits cash or securities as 548
bail, shall not be held in custody pending a hearing before the 549
court on a motion requesting a temporary protection order. 550
(G)(1) A copy of any temporary protection order that is 552
issued under this section shall be issued by the court to the 553
complainant, to the defendant, and to all law enforcement 554
agencies that have jurisdiction to enforce the order. The court 555
shall direct that a copy of the order be delivered to the 556
defendant on the same day that the order is entered. IF A 557
MUNICIPAL COURT OR A COUNTY COURT ISSUES A TEMPORARY PROTECTION 559
ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE ISSUANCE OF 560
THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE ORDER IS BOUND 561
OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION AS DESCRIBED IN 562
DIVISION (D)(4) OF THIS SECTION, THE MUNICIPAL COURT OR COUNTY 563
COURT SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE 564
COURT OF COMMON PLEAS TO WHICH THE DEFENDANT IS BOUND OVER. 565
(2) All law enforcement agencies shall establish and 567
maintain an index for the temporary protection orders delivered 568
to the agencies pursuant to division (G)(1) of this section. With 570
respect to each order delivered, each agency shall note on the 571
index, the date and time of the receipt of the order by the
agency. 572
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(3) A complainant who obtains a temporary protection order 575
under this section may provide notice of the issuance of the 576
temporary protection order to the judicial and law enforcement 577
officials in any county other than the county in which the order 578
is issued by registering that order in the other county in 579
accordance with division (N) of section 3113.31 of the Revised 580
Code and filing a copy of the registered protection order with a 581
law enforcement agency in the other county in accordance with 582
that division.
(4) Any officer of a law enforcement agency shall enforce 584
a temporary protection order issued by any court in this state in 585
accordance with the provisions of the order, including removing 587
the defendant from the premises, regardless of whether the order 588
is registered in the county in which the officer's agency has 589
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the 591
court may issue another temporary protection order, as a pretrial 592
condition of release, that modifies the terms of the order that 593
was violated. 594
(I)(1) As used in divisions (I)(1) and (2) of this 597
section, "defendant" means a person who is alleged in a complaint 598
to have committed a violation of the type described in division 599
(A) of this section.
(2) If a complaint is filed that alleges that a person 601
committed a violation of the type described in division (A) of 603
this section, the court may not issue a temporary protection 604
order under this section that requires the complainant or another 605
family or household member of the defendant to do or refrain from 606
doing an act that the court may require the defendant to do or 607
refrain from doing under a temporary protection order unless both 608
of the following apply:
(a) The defendant has filed a separate complaint that 611
alleges that the complainant or other family or household member 612
in question who would be required under the order to do or 613
16
refrain from doing the act committed a violation of the type 614
described in division (A) of this section.
(b) The court determines that both the complainant or 617
other family or household member in question who would be 618
required under the order to do or refrain from doing the act and 619
the defendant acted primarily as aggressors, that neither the 620
complainant or other family or household member in question who 621
would be required under the order to do or refrain from doing the 622
act nor the defendant acted primarily in self-defense, and, in 623
accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the 624
defendant, that it should issue the order to require the 625
complainant or other family or household member in question to do 626
or refrain from doing the act. 627
(J) Notwithstanding any provision of law to the contrary, 630
no court shall charge a fee for the filing of a motion pursuant 631
to this section.
(K) As used in this section, "victim advocate" means a 634
person who provides support and assistance for a victim of an 635
offense during court proceedings.
Sec. 2930.06. (A) The prosecutor in a case, to the extent 644
practicable, shall confer with the victim in the case before 645
pretrial diversion is granted to the defendant in the case, 646
before amending or dismissing an indictment, information, or 648
complaint against that defendant, before agreeing to a negotiated 649
plea for that defendant, or before a trial of that defendant by 650
judge or jury. If the prosecutor fails to confer with the victim 651
at any of those times, the court, if informed of the failure, 653
shall note on the record the failure and the prosecutor's reasons
for the failure. A prosecutor's failure to confer with a victim 654
as required by this division does not affect the validity of an 655
agreement between the prosecutor and the defendant in the case, a 657
pretrial diversion of the defendant, an amendment or dismissal of 658
an indictment, information, or complaint filed against the 659
17
defendant, a plea entered by the defendant, or any other 660
disposition in the case. A COURT SHALL NOT DISMISS A CRIMINAL 662
COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE
REQUEST OF THE VICTIM AND OVER THE OBJECTION OF THE PROSECUTING 663
ATTORNEY, VILLAGE SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF 664
LEGAL OFFICER RESPONSIBLE FOR THE PROSECUTION OF THE CASE. 665
(B) After a prosecution in a case has been commenced, the 667
prosecutor or a designee of the prosecutor other than a court or 669
court employee, to the extent practicable, promptly shall give 670
the victim all of the following information:
(1) The name of the offense with which the defendant in 672
the case has been charged and the name of the defendant; 673
(2) The file number of the case; 675
(3) A brief statement regarding the procedural steps in a 677
criminal case involving an offense similar to the offense with 678
which the defendant has been charged and the right of the victim 680
to be present during all proceedings held throughout the 681
prosecution of a case;
(4) A summary of the rights of a victim under this 683
chapter; 684
(5) Procedures the victim or the prosecutor may follow if 686
the victim becomes subject to threats or intimidation by the 688
defendant or any other person; 689
(6) The name and business telephone number of a person to 691
contact for further information with respect to the case; 692
(7) The right of the victim to have a victim's 694
representative exercise the victim's rights under this chapter in 695
accordance with section 2930.02 of the Revised Code and the 696
procedure by which a victim's representative may be designated; 697
(8) Notice that any notification under division (C) of 700
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 701
the notification. 702
(C) Upon the request of the victim, the prosecutor shall 704
18
give the victim notice of the date, time, and place of any 705
scheduled court proceedings in the case and notice of any changes 706
in those proceedings or in the schedule in the case. 707
(D) A victim who requests notice under division (C) of 710
this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice from 712
the prosecutor under this chapter shall keep the prosecutor 713
informed of the victim's current address and telephone number 714
until the case is dismissed or terminated, the defendant is 715
acquitted or sentenced, or the appellate process is completed, 716
whichever is the final disposition in the case.
Sec. 2931.03. The court of common pleas has original 725
jurisdiction of all crimes and offenses, except in cases of minor 726
offenses the exclusive jurisdiction of which is vested in courts 727
inferior to the court of common pleas. 728
A JUDGE OF A COURT OF COMMON PLEAS DOES NOT HAVE THE 730
AUTHORITY TO DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, 731
OR INDICTMENT SOLELY AT THE REQUEST OF THE COMPLAINING WITNESS 732
AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY OR OTHER CHIEF 733
LEGAL OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE. 734
Section 2. That existing sections 1901.20, 1907.02, 736
2903.213, 2919.26, 2930.06, and 2931.03 of the Revised Code are 738
hereby repealed.