As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 137 5
1999-2000 6
REPRESENTATIVES CAREY-THOMAS-TAYLOR-SULZER-SCHULER-TERWILLEGER- 8
WILLAMOWSKI-BRADING-OGG-VAN VYVEN-PRINGLE-MEAD-EVANS- 9
CLANCY-MOTTLEY-HOLLISTER-VESPER-OLMAN-HARRIS-PADGETT- 11
WOMER BENJAMIN-DePIERO-CALLENDER-HAINES-CORBIN-SALERNO-
O'BRIEN-GRENDELL-BATEMAN-PERZ-METZGER-WINKLER-SUTTON-PERRY- 12
WILSON-FLANNERY-HOOPS-AMSTUTZ-LOGAN-CATES- 14
SENATORS MALLORY-FINGERHUT-SHOEMAKER-LATTA
_________________________________________________________________ 16
A B I L L
To amend sections 2903.211, 2903.213, 2909.04, 18
2917.11, 2917.13, 2919.26, 2921.31, and 2937.222 19
of the Revised Code to extend the offenses of 20
disrupting public services and misconduct at an 21
emergency to activities of emergency medical
services personnel, to increase the penalties for 22
misconduct at an emergency and obstructing 23
official business if risk of physical harm is
involved, to increase the penalty for disorderly 24
conduct if committed in the presence of certain 25
authorized persons performing duties at the scene
of an emergency, to specify that "pattern of 26
conduct" in menacing by stalking includes actions
obstructing a public official's, firefighter's, 27
rescuer's, or emergency medical services person's 28
performance of authorized acts, to increase the 30
penalty for menacing by stalking in specified
circumstances, to permit the denial of bail for a 31
person accused of menacing by stalking in 32
circumstances in which it is a felony, and to 33
revise who may request, or be protected by, an
anti-stalking temporary protection order or 34
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domestic violence temporary protection order. 35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 2903.211, 2903.213, 2909.04, 39
2917.11, 2917.13, 2919.26, 2921.31, and 2937.222 of the Revised 41
Code be amended to read as follows:
Sec. 2903.211. (A) No person by engaging in a pattern of 50
conduct shall knowingly cause another to believe that the 51
offender will cause physical harm to the other person or cause 52
mental distress to the other person. 53
(B) Whoever violates this section is guilty of menacing by 55
stalking, a misdemeanor of the first degree. If the. 56
(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 58
THIS SECTION, MENACING BY STALKING IS A MISDEMEANOR OF THE FIRST 59
DEGREE.
(2) MENACING BY STALKING IS A FELONY OF THE FOURTH DEGREE 61
IF ANY OF THE FOLLOWING APPLIES: 62
(a) THE offender previously has been convicted of or 66
pleaded guilty to a violation of this section, menacing by 67
stalking is a felony of the fifth degree OR A VIOLATION OF 69
SECTION 2911.211 OF THE REVISED CODE.
(b) IN COMMITTING THE OFFENSE, THE OFFENDER MADE A THREAT 71
OF PHYSICAL HARM TO OR AGAINST THE VICTIM. 72
(c) IN COMMITTING THE OFFENSE, THE OFFENDER TRESPASSED ON 74
THE LAND OR PREMISES WHERE THE VICTIM LIVES, IS EMPLOYED, OR 75
ATTENDS SCHOOL. 76
(d) THE VICTIM OF THE OFFENSE IS A MINOR. 78
(e) THE OFFENDER HAS A HISTORY OF VIOLENCE TOWARD THE 80
VICTIM OR ANY OTHER PERSON OR A HISTORY OF OTHER VIOLENT ACTS 81
TOWARD THE VICTIM OR ANY OTHER PERSON. 82
(f) WHILE COMMITTING THE OFFENSE, THE OFFENDER HAD A 84
DEADLY WEAPON ON OR ABOUT THE OFFENDER'S PERSON OR UNDER THE 85
OFFENDER'S CONTROL. 86
3
(g) AT THE TIME OF THE COMMISSION OF THE OFFENSE, THE 88
OFFENDER WAS THE SUBJECT OF A PROTECTION ORDER ISSUED UNDER 89
SECTION 2903.213 OR 2903.214 OF THE REVISED CODE, REGARDLESS OF 90
WHETHER THE PERSON TO BE PROTECTED UNDER THE ORDER IS THE VICTIM 91
OF THE OFFENSE OR ANOTHER PERSON. 92
(h) IN COMMITTING THE OFFENSE, THE OFFENDER CAUSED SERIOUS 94
PHYSICAL HARM TO THE PREMISES AT WHICH THE VICTIM RESIDES, TO THE 96
REAL PROPERTY ON WHICH THAT PREMISES IS LOCATED, OR TO ANY 97
PERSONAL PROPERTY LOCATED ON THAT PREMISES. 98
(i) THE OFFENDER PREVIOUSLY HAS BEEN FOUND TO BE A 100
MENTALLY ILL PERSON SUBJECT TO HOSPITALIZATION BY COURT ORDER, AS 101
DEFINED IN SECTION 5122.01 OF THE REVISED CODE, UNDER THE 102
CRITERIA SET FORTH IN DIVISION (B)(1) OR (2) OF THAT SECTION, OR 103
THE OFFENDER PREVIOUSLY HAD BEEN VOLUNTARILY ADMITTED UNDER 104
SECTION 5122.02 OF THE REVISED CODE AND, AS THE BASIS FOR OR 105
SUBSEQUENT TO THAT VOLUNTARY ADMISSION, THE OFFENDER WAS 106
DETERMINED TO REPRESENT A RISK TO SELF OR OTHERS TO THE EXTENT 107
DESCRIBED IN DIVISION (B)(1) OR (2) OF SECTION 5122.01 OF THE 108
REVISED CODE.
(C) As used in this section: 110
(1) "Pattern of conduct" means two or more actions or 112
incidents closely related in time, whether or not there has been 113
a prior conviction based on any of those actions or incidents. 114
ACTIONS OR INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE 115
PERFORMANCE BY A PUBLIC OFFICIAL, FIREFIGHTER, RESCUER, OR 116
EMERGENCY MEDICAL SERVICES PERSON OF ANY AUTHORIZED ACT WITHIN 117
THE PUBLIC OFFICIAL'S, FIREFIGHTER'S, RESCUER'S, OR EMERGENCY 118
MEDICAL SERVICES PERSON'S OFFICIAL CAPACITY MAY CONSTITUTE A 119
"PATTERN OF CONDUCT."
(2) "Mental distress" means any mental illness or 121
condition that involves some temporary substantial incapacity or 122
mental illness or condition that would normally require 123
psychiatric treatment. 124
(3) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF 126
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"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 127
2133.21 OF THE REVISED CODE.
(4) "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION 129
2921.01 OF THE REVISED CODE. 130
Sec. 2903.213. (A) Except when the complaint involves a 139
person who is a family or household member as defined in section 140
2919.25 of the Revised Code, upon the filing of a complaint that 141
alleges a violation of section 2903.11, 2903.12, 2903.13, 142
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a 144
violation of a municipal ordinance substantially similar to 145
section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the 146
Revised Code, the complainant, THE ALLEGED VICTIM, OR A FAMILY OR 147
HOUSEHOLD MEMBER OF AN ALLEGED VICTIM may file a motion that 148
requests the issuance of a 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, THE ALLEGED VICTIM, OR THE FAMILY OR HOUSEHOLD 156
MEMBER may file a motion for a temporary protection order 157
pursuant to section 2919.26 of the Revised Code.
(B) A motion for a protection order under this section 160
shall be prepared on a form that is provided by the clerk of the 161
court, and the form shall be substantially as follows: 162
"Motion for Protection Order 163
................. 164
Name and address of court 165
State of Ohio 167
v. No. ....... 168
..................................... 169
Name of Defendant 170
(Name of person), the complainant in the above-captioned case, 172
moves the court to issue a protection order containing terms 174
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designed to ensure the safety and protection of the complainant 175
OR THE ALLEGED VICTIM IN THE ABOVE-CAPTIONED CASE, in relation to 176
the named defendant, pursuant to its authority to issue a 177
protection order under section 2903.213 of the Revised Code. 179
A complaint, a copy of which has been attached to this 181
motion, has been filed in this court charging the named defendant 182
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 183
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation 185
of a municipal ordinance substantially similar to section 186
2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 187
Code.
I understand that I must appear before the court, at a time 189
set by the court not later than the next day that the court is in 190
session after the filing of this motion, for a hearing on the 191
motion, and that any protection order granted pursuant to this 193
motion is a pretrial condition of release and is effective only 194
until the disposition of the criminal proceeding arising out of 195
the attached complaint or until the issuance under section
2903.214 of the Revised Code of a protection order arising out of 196
the same activities as those that were the basis of the attached 197
complaint.
..................................... 199
Signature of complainant PERSON 201
..................................... 203
Address of complainant PERSON" 205
(C)(1) As soon as possible after the filing of a motion 207
that requests the issuance of a protection order under this 209
section, but not later than the next day that the court is in 210
session after the filing of the motion, the court shall conduct a 211
hearing to determine whether to issue the order. The complainant 212
PERSON WHO REQUESTED THE ORDER shall appear before the court and 214
provide the court with the information that it requests 215
concerning the basis of the motion. If the court finds that the 216
safety and protection of the complainant OR THE ALLEGED VICTIM 217
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may be impaired by the continued presence of the alleged 219
offender, the court may issue a protection order under this 221
section, as a pretrial condition of release, that contains terms 222
designed to ensure the safety and protection of the complainant 223
OR THE ALLEGED VICTIM, including a requirement that the alleged 225
offender refrain from entering the residence, school, business, 226
or place of employment of the complainant OR THE ALLEGED VICTIM. 227
(2)(a) If the court issues a protection order under this 230
section that includes a requirement that the alleged offender 231
refrain from entering the residence, school, business, or place 232
of employment of the complainant OR THE ALLEGED VICTIM, the order 233
shall clearly state that the order cannot be waived or nullified 235
by an invitation to the alleged offender from the complainant, 236
THE ALLEGED VICTIM, OR A FAMILY OR HOUSEHOLD MEMBER to enter the 237
residence, school, business, or place of employment or by the 238
alleged offender's entry into one of those places otherwise upon 239
the consent of the complainant, THE ALLEGED VICTIM, OR A FAMILY 240
OR HOUSEHOLD MEMBER. 241
(b) Division (C)(2)(a) of this section does not limit any 245
discretion of a court to determine that an alleged offender 246
charged with a violation of section 2919.27 of the Revised Code, 247
with a violation of a municipal ordinance substantially 248
equivalent to that section, or with contempt of court, which 249
charge is based on an alleged violation of a protection order 250
issued under this section, did not commit the violation or was 251
not in contempt of court.
(D)(1) Except when the complaint involves a person who is 253
a family or household member as defined in section 2919.25 of the 254
Revised Code, upon the filing of a complaint that alleges a 255
violation specified in division (A) of this section, the court, 256
upon its own motion, may issue a protection order under this 257
section as a pretrial condition of release of the alleged 259
offender if it finds that the safety and protection of the 260
complainant OR THE ALLEGED VICTIM may be impaired by the 261
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continued presence of the alleged offender. 262
(2) If the court issues a protection order under this 265
section as an ex parte order, it shall conduct, as soon as 266
possible after the issuance of the order but not later than the 267
next day that the court is in session after its issuance, a
hearing to determine whether the order should remain in effect, 268
be modified, or be revoked. The hearing shall be conducted under 269
the standards set forth in division (C) of this section. 270
(3) If a municipal court or a county court issues a 273
protection order under this section and if, subsequent to the 275
issuance of the order, the alleged offender who is the subject of 276
the order is bound over to the court of common pleas for 277
prosecution of a felony arising out of the same activities as 278
those that were the basis of the complaint upon which the order 279
is based, notwithstanding the fact that the order was issued by a 280
municipal court or county court, the order shall remain in 281
effect, as though it were an order of the court of common pleas, 282
while the charges against the alleged offender are pending in the 283
court of common pleas, for the period of time described in 284
division (E)(2) of this section, and the court of common pleas 285
has exclusive jurisdiction to modify the order issued by the 286
municipal court or county court. This division applies when the 288
alleged offender is bound over to the court of common pleas as a 289
result of the person waiving a preliminary hearing on the felony 290
charge, as a result of the municipal court or county court having 291
determined at a preliminary hearing that there is probable cause 292
to believe that the felony has been committed and that the 293
alleged offender committed it, as a result of the alleged 294
offender having been indicted for the felony, or in any other 295
manner.
(E) A protection order that is issued as a pretrial 298
condition of release under this section:
(1) Is in addition to, but shall not be construed as a 300
part of, any bail set under Criminal Rule 46; 301
8
(2) Is effective only until the disposition, by the court 303
that issued the order or, in the circumstances described in 304
division (D)(3) of this section, by the court of common pleas to 305
which the alleged offender is bound over for prosecution, of the 306
criminal proceeding arising out of the complaint upon which the 307
order is based or until the issuance under section 2903.214 of 309
the Revised Code of a protection order arising out of the same 310
activities as those that were the basis of the complaint filed 311
under this section;
(3) Shall not be construed as a finding that the alleged 313
offender committed the alleged offense and shall not be 314
introduced as evidence of the commission of the offense at the 315
trial of the alleged offender on the complaint upon which the 316
order is based. 317
(F) A person who meets the criteria for bail under 319
Criminal Rule 46 and who, if required to do so pursuant to that 320
rule, executes or posts bond or deposits cash or securities as 321
bail, shall not be held in custody pending a hearing before the 322
court on a motion requesting a protection order under this 324
section.
(G)(1) A copy of a protection order that is issued under 327
this section shall be issued by the court to the complainant, TO 328
THE ALLEGED VICTIM, TO THE PERSON WHO REQUESTED THE ORDER, to the 329
defendant, and to all law enforcement agencies that have 330
jurisdiction to enforce the order. The court shall direct that a 331
copy of the order be delivered to the defendant on the same day 332
that the order is entered. If a municipal court or a county 333
court issues a protection order under this section and if, 334
subsequent to the issuance of the order, the defendant who is the 335
subject of the order is bound over to the court of common pleas 336
for prosecution as described in division (D)(3) of this section, 338
the municipal court or county court shall direct that a copy of 339
the order be delivered to the court of common pleas to which the 340
defendant is bound over.
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(2) All law enforcement agencies shall establish and 342
maintain an index for the protection orders delivered to the 344
agencies pursuant to division (G)(1) of this section. With 345
respect to each order delivered, each agency shall note on the 346
index the date and time of the agency's receipt of the order. 347
(3) Regardless of whether the petitioner has registered 349
the protection order in the county in which the officer's agency 350
has jurisdiction, any officer of a law enforcement agency shall 351
enforce a protection order issued pursuant to this section in 353
accordance with the provisions of the order. 354
(H) Upon a violation of a protection order issued pursuant 357
to this section, the court may issue another protection order 358
under this section, as a pretrial condition of release, that 360
modifies the terms of the order that was violated. 361
(I) Notwithstanding any provision of law to the contrary, 363
no court shall charge a fee for the filing of a motion pursuant 364
to this section. 365
Sec. 2909.04. (A) No person, purposely by any means, or 374
knowingly by damaging or tampering with any property, shall do 375
any of the following: 376
(1) Interrupt or impair television, radio, telephone, 378
telegraph, or other mass communications service, or; police, 379
fire, or other public service communications, or; radar, loran, 381
radio, or other electronic aids to air or marine navigation or 382
communications,; or amateur or citizens band radio communications 384
being used for public service or emergency communications; 385
(2) Interrupt or impair public transportation, including 387
without limitation school bus transportation, or water supply, 388
gas, power, or other utility service to the public; 389
(3) Substantially impair the ability of law enforcement 391
officers, firemen FIREFIGHTERS, or rescue personnel, OR EMERGENCY 394
MEDICAL SERVICES PERSONNEL to respond to an emergency, or to 396
protect and preserve any person or property from serious physical 397
harm.
10
(B) Whoever violates this section is guilty of disrupting 399
public services, a felony of the fourth degree. 400
(C) "EMERGENCY MEDICAL SERVICES PERSONNEL" HAS THE SAME 410
MEANING AS IN SECTION 2133.21 OF THE REVISED CODE. 411
Sec. 2917.11. (A) No person shall recklessly cause 420
inconvenience, annoyance, or alarm to another, by doing any of 421
the following: 422
(1) Engaging in fighting, in threatening harm to persons 424
or property, or in violent or turbulent behavior; 425
(2) Making unreasonable noise or an offensively coarse 427
utterance, gesture, or display, or communicating unwarranted and 428
grossly abusive language to any person; 429
(3) Insulting, taunting, or challenging another, under 431
circumstances in which such THAT conduct is likely to provoke a 432
violent response; 433
(4) Hindering or preventing the movement of persons on a 435
public street, road, highway, or right-of-way, or to, from, 436
within, or upon public or private property, so as to interfere 437
with the rights of others, and by any act that serves no lawful 439
and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to 441
persons or that presents a risk of physical harm to persons or 443
property, by any act that serves no lawful and reasonable purpose 444
of the offender.
(B) No person, while voluntarily intoxicated, shall do 446
either of the following: 447
(1) In a public place or in the presence of two or more 449
persons, engage in conduct likely to be offensive or to cause 450
inconvenience, annoyance, or alarm to persons of ordinary 451
sensibilities, which conduct the offender, if the offender were 453
not intoxicated, should know is likely to have that effect on 454
others; 455
(2) Engage in conduct or create a condition that presents 457
a risk of physical harm to the offender or another, or to the 459
11
property of another.
(C) Violation of any statute or ordinance of which an 461
element is operating a motor vehicle, locomotive, watercraft, 462
aircraft, or other vehicle while under the influence of alcohol 463
or any drug of abuse, is not a violation of division (B) of this 464
section. 465
(D) When to an ordinary observer IF a person appears TO AN 467
ORDINARY OBSERVER to be intoxicated, it is probable cause to 469
believe that person is voluntarily intoxicated for purposes of 470
division (B) of this section. 471
(E)(1) Whoever violates this section is guilty of 473
disorderly conduct. Except 474
(2) EXCEPT as otherwise provided in this division (E)(3) 477
OF THIS SECTION, disorderly conduct is a minor misdemeanor. If 479
the
(3) DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH 481
DEGREE IF ANY OF THE FOLLOWING APPLIES: 482
(a) THE offender persists in disorderly conduct after 485
offender persists in disorderly conduct after reasonable warning 486
or request to desist or if the. 487
(b) THE offense is committed in the vicinity of a school 490
or in a school safety zone, disorderly conduct is a misdemeanor 491
of the fourth degree.
(c) THE OFFENSE IS COMMITTED IN THE PRESENCE OF ANY LAW 493
ENFORCEMENT OFFICER, FIREFIGHTER, RESCUER, MEDICAL PERSON, 494
EMERGENCY MEDICAL SERVICES PERSON, OR OTHER AUTHORIZED PERSON WHO 495
IS ENGAGED IN THE PERSON'S DUTIES AT THE SCENE OF A FIRE, 496
ACCIDENT, DISASTER, RIOT, OR EMERGENCY OF ANY KIND. 497
(F) As used in this section, "committed: 499
(1) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF 501
"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 503
2133.21 OF THE REVISED CODE.
(2) "COMMITTED in the vicinity of a school" has the same 508
meaning as in section 2925.01 of the Revised Code.
12
Sec. 2917.13. (A) No person shall knowingly DO ANY OF THE 517
FOLLOWING:
(1) Hamper the lawful operations of any law enforcement 519
officer, fireman FIREFIGHTER, rescuer, medical person, EMERGENCY 520
MEDICAL SERVICES PERSON, or other authorized person, engaged in 521
his THE PERSON'S duties at the scene of a fire, accident, 524
disaster, riot, or emergency of any kind;
(2) Fail to obey the lawful order of any law enforcement 526
officer engaged in his THE LAW ENFORCEMENT OFFICER'S duties at 527
the scene of or in connection with a fire, accident, disaster, 528
riot, or emergency of any kind. 529
(B) Nothing in this section shall be construed to limit 531
access or deny information to any news media representative in 532
the lawful exercise of his THE NEWS MEDIA REPRESENTATIVE'S 533
duties. 534
(C) Whoever violates this section is guilty of misconduct 536
at an emergency,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 537
MISCONDUCT AT AN EMERGENCY IS a minor misdemeanor. If A 538
violation of this section creates a risk of physical harm to 541
persons or property, misconduct at an emergency is a misdemeanor
of the fourth FIRST degree. 542
(D) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF 544
"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 545
2133.21 OF THE REVISED CODE. 546
Sec. 2919.26. (A)(1) Upon the filing of a complaint that 555
alleges a violation of section 2919.25 of the Revised Code, a 556
violation of a municipal ordinance substantially similar to that 557
section, a violation of section 2903.11, 2903.12, 2903.13, 558
2903.211, or 2911.211 of the Revised Code that involves a person 559
who was a family or household member at the time of the 560
violation, or a violation of a municipal ordinance that is 561
substantially similar to section 2903.13, 2903.211, or 2911.211 562
of the Revised Code that involves a person who was a family or 563
household member at the time of the violation, the complainant, 564
13
THE ALLEGED VICTIM, OR A FAMILY OR HOUSEHOLD MEMBER OF AN ALLEGED 565
VICTIM may file, or, if in an emergency the complainant ALLEGED 566
VICTIM is unable to file, a person who made an arrest for the 568
alleged violation under section 2935.03 of the Revised Code may 569
file on behalf of the complainant ALLEGED VICTIM, a motion that 570
requests the issuance of a temporary protection order as a 572
pretrial condition of release of the alleged offender, in 573
addition to any bail set under Criminal Rule 46. The motion 574
shall be filed with the clerk of the court that has jurisdiction 575
of the case at any time after the filing of the complaint. 576
(2) For purposes of section 2930.09 of the Revised Code, 578
all stages of a proceeding arising out of a violation specified 579
in division (A)(1) of this section, including all proceedings on 580
a motion for a temporary protection order, are critical stages of 581
the case, and a complainant VICTIM may be accompanied by a victim 583
advocate or another person to provide support to the victim as
provided in that section. 584
(B) The motion shall be prepared on a form that is 586
provided by the clerk of the court, which form shall be 587
substantially as follows: 588
"MOTION FOR TEMPORARY PROTECTION ORDER 589
.......................... Court 590
Name and address of court 591
State of Ohio 593
v. No. ............. 595
................. 597
Name of Defendant 599
(name of person), the complainant in the above-captioned case, 601
moves the court to issue a temporary protection order containing 602
terms designed to ensure the safety and protection of the 603
complainant, ALLEGED VICTIM, and other family or household 605
members, in relation to the named defendant, pursuant to its 606
authority to issue such an order under section 2919.26 of the 607
Revised Code.
14
A complaint, a copy of which has been attached to this 609
motion, has been filed in this court charging the named defendant 610
with at least one of the following violations of section 2919.25 611
of the Revised Code that constitutes "domestic violence" or a 612
municipal ordinance that is substantially similar to that 613
section: knowingly causing or attempting to cause physical harm 614
to a family or household member; recklessly causing serious 615
physical harm to a family or household member; or, by threat of 616
force, knowingly causing a family or household member to believe 617
that the named defendant would cause imminent physical harm to 618
that family or household member; charging the named defendant 619
with felonious assault, aggravated assault, or assault that 620
involved a family or household member in violation of section 621
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the 623
named defendant with menacing by stalking or aggravated trespass 624
that involves a family or household member in violation of
section 2903.211 or 2911.211 of the Revised Code; or charging the 625
named defendant with a violation of a municipal ordinance that is 626
substantially similar to section 2903.13, 2903.211, or 2911.211 627
of the Revised Code that involves a family or household member. 628
I understand that I must appear before the court, at a time 630
set by the court within twenty-four hours after the filing of 631
this motion, for a hearing on the motion or that, if I am unable 632
to appear because of hospitalization or a medical condition 633
resulting from the offense alleged in the complaint, a person who 634
can provide information about my need for a temporary protection 635
order must appear before the court in lieu of my appearing in 636
court. I understand that any temporary protection order granted 637
pursuant to this motion is a pretrial condition of release and is 638
effective only until the disposition of the criminal proceeding 639
arising out of the attached complaint, or the issuance of a civil 640
protection order or the approval of a consent agreement, arising 641
out of the same activities as those that were the basis of the 642
complaint, under section 3113.31 of the Revised Code. 643
15
.......................................... 645
Signature of complainant PERSON 647
(or signature of the arresting officer who filed the motion on 649
behalf of the complainant ALLEGED VICTIM) 650
.......................................... 652
Address of complainant PERSON (or office address of the arresting 655
officer who filed the motion on behalf of the complainant ALLEGED 656
VICTIM)" 657
(C)(1) As soon as possible after the filing of a motion 659
that requests the issuance of a temporary protection order, but 660
not later than twenty-four hours after the filing of the motion, 661
the court shall conduct a hearing to determine whether to issue 662
the order. The person who requested the order shall appear 663
before the court and provide the court with the information that 664
it requests concerning the basis of the motion. If the person 665
who requested the order is unable to appear and if the court 666
finds that the failure to appear is because of the person's 667
hospitalization or medical condition resulting from the offense 668
alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of 669
the person who requested the order. If the court finds that the 670
safety and protection of the complainant, ALLEGED VICTIM, or any 671
other family or household member of the alleged offender may be 672
impaired by the continued presence of the alleged offender, the 673
court may issue a temporary protection order, as a pretrial 674
condition of release, that contains terms designed to ensure the 675
safety and protection of the complainant, ALLEGED VICTIM, or the 676
family or household member, including a requirement that the 678
alleged offender refrain from entering the residence, school, 679
business, or place of employment of the complainant, ALLEGED 680
VICTIM, or the family or household member. 681
(2)(a) If the court issues a temporary protection order 683
that includes a requirement that the alleged offender refrain 684
from entering the residence, school, business, or place of 685
16
employment of the complainant, THE ALLEGED VICTIM, or the family 686
or household member, the order shall state clearly that the order 687
cannot be waived or nullified by an invitation to the alleged 688
offender from the complainant, ALLEGED VICTIM, or family or 689
household member to enter the residence, school, business, or 691
place of employment or by the alleged offender's entry into one
of those places otherwise upon the consent of the complainant, 692
ALLEGED VICTIM, or family or household member. 694
(b) Division (C)(2)(a) of this section does not limit any 696
discretion of a court to determine that an alleged offender 697
charged with a violation of section 2919.27 of the Revised Code, 698
with a violation of a municipal ordinance substantially 699
equivalent to that section, or with contempt of court, which
charge is based on an alleged violation of a temporary protection 700
order issued under this section, did not commit the violation or 701
was not in contempt of court. 702
(D)(1) Upon the filing of a complaint that alleges a 703
violation of section 2919.25 of the Revised Code, a violation of 704
a municipal ordinance that is substantially similar to that 705
section, a violation of section 2903.11, 2903.12, 2903.13, 706
2903.211, or 2911.211 of the Revised Code that involves a person 707
who was a family or household member at the time of the 708
violation, or a violation of a municipal ordinance that is 709
substantially similar to section 2903.13, 2903.211, or 2911.211
of the Revised Code that involves a person who was a family or 710
household member at the time of the violation, the court, upon 711
its own motion, may issue a temporary protection order as a 712
pretrial condition of release if it finds that the safety and 713
protection of the complainant, ALLEGED VICTIM, or other family or 714
household member of the alleged offender may be impaired by the 716
continued presence of the alleged offender. 717
(2) If the court issues a temporary protection order under 719
this section as an ex parte order, it shall conduct, as soon as 720
possible after the issuance of the order, a hearing in the 721
17
presence of the alleged offender not later than the next day on 722
which the court is scheduled to conduct business after the day on 723
which the alleged offender was arrested or at the time of the 724
appearance of the alleged offender pursuant to summons to 725
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the 726
standards set forth in division (C) of this section. 727
(3) An order issued under this section shall contain only 730
those terms authorized in orders issued under division (C) of 731
this section. 732
(4) If a municipal court or a county court issues a 735
temporary protection order under this section and if, subsequent 736
to the issuance of the order, the alleged offender who is the 737
subject of the order is bound over to the court of common pleas 738
for prosecution of a felony arising out of the same activities as 739
those that were the basis of the complaint upon which the order 740
is based, notwithstanding the fact that the order was issued by a 741
municipal court or county court, the order shall remain in 742
effect, as though it were an order of the court of common pleas, 743
while the charges against the alleged offender are pending in the 744
court of common pleas, for the period of time described in 745
division (E)(2) of this section, and the court of common pleas 746
has exclusive jurisdiction to modify the order issued by the 747
municipal court or county court. This division applies when the 750
alleged offender is bound over to the court of common pleas as a 751
result of the person waiving a preliminary hearing on the felony 752
charge, as a result of the municipal court or county court having 753
determined at a preliminary hearing that there is probable cause 754
to believe that the felony has been committed and that the 755
alleged offender committed it, as a result of the alleged 756
offender having been indicted for the felony, or in any other 757
manner.
(E) A temporary protection order that is issued as a 759
pretrial condition of release under this section: 760
18
(1) Is in addition to, but shall not be construed as a 762
part of, any bail set under Criminal Rule 46; 763
(2) Is effective only until the occurrence of either of 765
the following:
(a) The disposition, by the court that issued the order 768
or, in the circumstances described in division (D)(4) of this 769
section, by the court of common pleas to which the alleged 770
offender is bound over for prosecution, of the criminal 772
proceeding arising out of the complaint upon which the order is 773
based;
(b) The issuance of a protection order or the approval of 775
a consent agreement, arising out of the same activities as those 776
that were the basis of the complaint upon which the order is 777
based, under section 3113.31 of the Revised Code; 779
(3) Shall not be construed as a finding that the alleged 781
offender committed the alleged offense, and shall not be 782
introduced as evidence of the commission of the offense at the 783
trial of the alleged offender on the complaint upon which the 784
order is based. 785
(F) A person who meets the criteria for bail under 787
Criminal Rule 46 and who, if required to do so pursuant to that 788
rule, executes or posts bond or deposits cash or securities as 789
bail, shall not be held in custody pending a hearing before the 790
court on a motion requesting a temporary protection order. 791
(G)(1) A copy of any temporary protection order that is 793
issued under this section shall be issued by the court to the 794
complainant, TO THE ALLEGED VICTIM, TO THE PERSON WHO REQUESTED 795
THE ORDER, to the defendant, and to all law enforcement agencies 797
that have jurisdiction to enforce the order. The court shall 798
direct that a copy of the order be delivered to the defendant on 799
the same day that the order is entered. If a municipal court or 800
a county court issues a temporary protection order under this 801
section and if, subsequent to the issuance of the order, the 802
defendant who is the subject of the order is bound over to the 803
19
court of common pleas for prosecution as described in division 804
(D)(4) of this section, the municipal court or county court shall 805
direct that a copy of the order be delivered to the court of 806
common pleas to which the defendant is bound over. 807
(2) All law enforcement agencies shall establish and 809
maintain an index for the temporary protection orders delivered 810
to the agencies pursuant to division (G)(1) of this section. 811
With respect to each order delivered, each agency shall note on 812
the index, the date and time of the receipt of the order by the 813
agency. 814
(3) A complainant, ALLEGED VICTIM, OR OTHER PERSON who 816
obtains a temporary protection order under this section may 818
provide notice of the issuance of the temporary protection order 819
to the judicial and law enforcement officials in any county other 820
than the county in which the order is issued by registering that 821
order in the other county in accordance with division (N) of 822
section 3113.31 of the Revised Code and filing a copy of the 823
registered protection order with a law enforcement agency in the 824
other county in accordance with that division. 825
(4) Any officer of a law enforcement agency shall enforce 827
a temporary protection order issued by any court in this state in 828
accordance with the provisions of the order, including removing 830
the defendant from the premises, regardless of whether the order 831
is registered in the county in which the officer's agency has 832
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the 834
court may issue another temporary protection order, as a pretrial 835
condition of release, that modifies the terms of the order that 836
was violated. 837
(I)(1) As used in divisions (I)(1) and (2) of this 840
section, "defendant" means a person who is alleged in a complaint 841
to have committed a violation of the type described in division 842
(A) of this section.
(2) If a complaint is filed that alleges that a person 844
20
committed a violation of the type described in division (A) of 846
this section, the court may not issue a temporary protection 847
order under this section that requires the complainant, THE 848
ALLEGED VICTIM, or another family or household member of the 849
defendant to do or refrain from doing an act that the court may 850
require the defendant to do or refrain from doing under a 851
temporary protection order unless both of the following apply: 852
(a) The defendant has filed a separate complaint that 855
alleges that the complainant, ALLEGED VICTIM, or other family or 856
household member in question who would be required under the 857
order to do or refrain from doing the act committed a violation 858
of the type described in division (A) of this section. 859
(b) The court determines that both the complainant, 862
ALLEGED VICTIM, or other family or household member in question 864
who would be required under the order to do or refrain from doing 865
the act and the defendant acted primarily as aggressors, that 866
neither the complainant, ALLEGED VICTIM, or other family or 867
household member in question who would be required under the 869
order to do or refrain from doing the act nor the defendant acted 870
primarily in self-defense, and, in accordance with the standards 871
and criteria of this section as applied in relation to the 872
separate complaint filed by the defendant, that it should issue 873
the order to require the complainant, ALLEGED VICTIM, or other 874
family or household member in question to do or refrain from 876
doing the act.
(J) Notwithstanding any provision of law to the contrary, 879
no court shall charge a fee for the filing of a motion pursuant 880
to this section.
(K) As used in this section, "victim advocate" means a 883
person who provides support and assistance for a victim of an 884
offense during court proceedings.
Sec. 2921.31. (A) No person, without privilege to do so 893
and with purpose to prevent, obstruct, or delay the performance 894
by a public official of any authorized act within his THE PUBLIC 895
21
OFFICIAL'S official capacity, shall do any act which THAT hampers 896
or impedes a public official in the performance of his THE PUBLIC 897
OFFICIAL'S lawful duties. 898
(B) Whoever violates this section is guilty of obstructing 900
official business,. EXCEPT AS OTHERWISE PROVIDED IN THIS 901
DIVISION, OBSTRUCTING OFFICIAL BUSINESS IS a misdemeanor of the 902
second degree. IF A VIOLATION OF THIS SECTION CREATES A RISK OF 903
PHYSICAL HARM TO ANY PERSON, OBSTRUCTING OFFICIAL BUSINESS IS A 904
FELONY OF THE FIFTH DEGREE.
Sec. 2937.222. (A) On the motion of the prosecuting 913
attorney or on the judge's own motion, the judge shall hold a 914
hearing to determine whether an accused person charged with 915
aggravated murder when it is not a capital offense, murder, a 916
felony of the first or second degree, a violation of section 917
2903.06 of the Revised Code, A VIOLATION OF SECTION 2903.211 OF
THE REVISED CODE THAT IS A FELONY or a fourth degree felony OMVI 918
offense shall be denied bail. The judge shall order that the 920
accused be detained until the conclusion of the hearing. Except 921
for good cause, a continuance on the motion of the state shall 922
not exceed three court days. Except for good cause, a 924
continuance on the motion of the accused shall not exceed five
court days unless the motion of the accused waives in writing the 925
five-day limit and states in writing a specific period for which 926
the accused requests a continuance. A continuance granted upon a 927
motion of the accused that waives in writing the five-day limit 928
shall not exceed five court days after the period of continuance 929
requested in the motion.
At the hearing, the accused has the right to be represented 932
by counsel and, if the accused is indigent, to have counsel 933
appointed. The judge shall afford the accused an opportunity to 934
testify, to present witnesses and other information, and to 935
cross-examine witnesses who appear at the hearing. The rules 936
concerning admissibility of evidence in criminal trials do not 937
apply to the presentation and consideration of information at the 938
22
hearing. Regardless of whether the hearing is being held on the 939
motion of the prosecuting attorney or on the court's own motion, 940
the state has the burden of proving that the proof is evident or 942
the presumption great that the accused committed the offense with 943
which the accused is charged, of proving that the accused poses a 944
substantial risk of serious physical harm to any person or to the 945
community, and of proving that no release conditions will
reasonably assure the safety of that person and the community. 946
The judge may reopen the hearing at any time before trial 949
if the judge finds that information exists that was not known to 950
the movant at the time of the hearing and that that information 951
has a material bearing on whether bail should be denied. If a 952
municipal court or county court enters an order denying bail, a 953
judge of the court of common pleas having jurisdiction over the 954
case may continue that order or may hold a hearing pursuant to 955
this section to determine whether to continue that order. 956
(B) No accused person shall be denied bail pursuant to 959
this section unless the judge finds by clear and convincing
evidence that the proof is evident or the presumption great that 961
the accused committed the offense described in division (A) of 963
this section with which the accused is charged, finds by clear 964
and convincing evidence that the accused poses a substantial risk 966
of serious physical harm to any person or to the community, and
finds by clear and convincing evidence that no release conditions 967
will reasonably assure the safety of that person and the 969
community.
(C) The judge, in determining whether the accused person 971
described in division (A) of this section poses a substantial 974
risk of serious physical harm to any person or to the community 975
and whether there are conditions of release that will reasonably 976
assure the safety of that person and the community, shall
consider all available information regarding all of the 978
following:
(1) The nature and circumstances of the offense charged, 980
23
including whether the offense is an offense of violence or 981
involves alcohol or a drug of abuse; 982
(2) The weight of the evidence against the accused; 984
(3) The history and characteristics of the accused, 986
including, but not limited to, both of the following: 987
(a) The character, physical and mental condition, family 990
ties, employment, financial resources, length of residence in the 991
community, community ties, past conduct, history relating to drug 992
or alcohol abuse, and criminal history of the accused; 993
(b) Whether, at the time of the current alleged offense or 996
at the time of the arrest of the accused, the accused was on
probation, parole, post-release control, or other release pending 998
trial, sentencing, appeal, or completion of sentence for the 999
commission of an offense under the laws of this state, another 1,000
state, or the United States or under a municipal ordinance. 1,001
(4) The nature and seriousness of the danger to any person 1,003
or the community that would be posed by the person's release. 1,004
(D)(1) An order of the court of common pleas denying bail 1,007
pursuant to this section is a final appealable order. In an 1,008
appeal pursuant to division (D) of this section, the court of 1,009
appeals shall do all of the following: 1,010
(a) Give the appeal priority on its calendar; 1,012
(b) Liberally modify or dispense with formal requirements 1,014
in the interest of a speedy and just resolution of the appeal; 1,015
(c) Decide the appeal expeditiously; 1,017
(d) Promptly enter its judgment affirming or reversing the 1,019
order denying bail. 1,020
(2) The pendency of an appeal under this section does not 1,022
deprive the court of common pleas of jurisdiction to conduct 1,023
further proceedings in the case or to further consider the order 1,024
denying bail in accordance with this section. If, during the 1,025
pendency of an appeal under division (D) of this section, the 1,026
court of common pleas sets aside or terminates the order denying 1,027
bail, the court of appeals shall dismiss the appeal. 1,028
24
(E) As used in this section: 1,030
(1) "Court day" has the same meaning as in section 5122.01 1,033
of the Revised Code. 1,034
(2) "Fourth degree felony OMVI offense" has the same 1,036
meaning as in section 2929.01 of the Revised Code. 1,037
Section 2. That existing sections 2903.211, 2903.213, 1,039
2909.04, 2917.11, 2917.13, 2919.26, 2921.31, and 2937.222 of the 1,041
Revised Code are hereby repealed.