As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. 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-SPADA-WATTS-                    

 DRAKE-OELSLAGER-CARNES-MUMPER-SCHAFRATH-GARDNER-KEARNS-DiDONATO   15           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 2903.211, 2903.213, 2909.04,        19           

                2917.11, 2917.13, 2919.26, 2921.31, and 2937.222   20           

                of the Revised Code to extend the offenses of      21           

                disrupting public services and misconduct at an    22           

                emergency to activities of emergency medical                    

                services personnel, to increase the penalties for  23           

                misconduct at an emergency and obstructing         24           

                official business if risk of physical harm is                   

                involved, to increase the penalty for disorderly   25           

                conduct if committed in the presence of certain    26           

                authorized persons performing duties at the scene               

                of an emergency, to specify that "pattern of       27           

                conduct" in menacing by stalking includes actions               

                obstructing a public official's, firefighter's,    28           

                rescuer's, or emergency medical services person's  29           

                performance of authorized acts, to increase the    31           

                penalty for menacing by stalking in specified                   

                circumstances, to permit the denial of bail for a  32           

                person accused of menacing by stalking in          33           

                circumstances in which it is a felony, and to      34           

                revise who may request, or be protected by, an                  

                                                          2      


                                                                 
                anti-stalking temporary protection order or        35           

                domestic violence temporary protection order.      36           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        38           

      Section 1.  That sections 2903.211, 2903.213, 2909.04,       40           

2917.11, 2917.13, 2919.26, 2921.31, and 2937.222 of the Revised    42           

Code be amended to read as follows:                                             

      Sec. 2903.211.  (A)  No person by engaging in a pattern of   51           

conduct shall knowingly cause another to believe that the          52           

offender will cause physical harm to the other person or cause     53           

mental distress to the other person.                               54           

      (B)  Whoever violates this section is guilty of menacing by  56           

stalking, a misdemeanor of the first degree.  If the.              57           

      (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF      59           

THIS SECTION, MENACING BY STALKING IS A MISDEMEANOR OF THE FIRST   60           

DEGREE.                                                                         

      (2)  MENACING BY STALKING IS A FELONY OF THE FOURTH DEGREE   62           

IF ANY OF THE FOLLOWING APPLIES:                                   63           

      (a)  THE offender previously has been convicted of or        67           

pleaded guilty to a violation of this section, menacing by         68           

stalking is a felony of the fifth degree OR A VIOLATION OF         70           

SECTION 2911.211 OF THE REVISED CODE.                                           

      (b)  IN COMMITTING THE OFFENSE, THE OFFENDER MADE A THREAT   72           

OF PHYSICAL HARM TO OR AGAINST THE VICTIM.                         73           

      (c)  IN COMMITTING THE OFFENSE, THE OFFENDER TRESPASSED ON   75           

THE LAND OR PREMISES WHERE THE VICTIM LIVES, IS EMPLOYED, OR       76           

ATTENDS SCHOOL.                                                    77           

      (d)  THE VICTIM OF THE OFFENSE IS A MINOR.                   79           

      (e)  THE OFFENDER HAS A HISTORY OF VIOLENCE TOWARD THE       81           

VICTIM OR ANY OTHER PERSON OR A HISTORY OF OTHER VIOLENT ACTS      82           

TOWARD THE VICTIM OR ANY OTHER PERSON.                             83           

      (f)  WHILE COMMITTING THE OFFENSE, THE OFFENDER HAD A        85           

DEADLY WEAPON ON OR ABOUT THE OFFENDER'S PERSON OR UNDER THE       86           

                                                          3      


                                                                 
OFFENDER'S CONTROL.                                                87           

      (g)  AT THE TIME OF THE COMMISSION OF THE OFFENSE, THE       89           

OFFENDER WAS THE SUBJECT OF A PROTECTION ORDER ISSUED UNDER        90           

SECTION 2903.213 OR 2903.214 OF THE REVISED CODE, REGARDLESS OF    91           

WHETHER THE PERSON TO BE PROTECTED UNDER THE ORDER IS THE VICTIM   92           

OF THE OFFENSE OR ANOTHER PERSON.                                  93           

      (h)  IN COMMITTING THE OFFENSE, THE OFFENDER CAUSED SERIOUS  95           

PHYSICAL HARM TO THE PREMISES AT WHICH THE VICTIM RESIDES, TO THE  97           

REAL PROPERTY ON WHICH THAT PREMISES IS LOCATED, OR TO ANY         98           

PERSONAL PROPERTY LOCATED ON THAT PREMISES.                        99           

      (i)  THE OFFENDER PREVIOUSLY HAS BEEN FOUND TO BE A          101          

MENTALLY ILL PERSON SUBJECT TO HOSPITALIZATION BY COURT ORDER, AS  102          

DEFINED IN SECTION 5122.01 OF THE REVISED CODE, UNDER THE          103          

CRITERIA SET FORTH IN DIVISION (B)(1) OR (2) OF THAT SECTION, OR   104          

THE OFFENDER PREVIOUSLY HAD BEEN VOLUNTARILY ADMITTED UNDER        105          

SECTION 5122.02 OF THE REVISED CODE AND, AS THE BASIS FOR OR       106          

SUBSEQUENT TO THAT VOLUNTARY ADMISSION, THE OFFENDER WAS           107          

DETERMINED TO REPRESENT A RISK TO SELF OR OTHERS TO THE EXTENT     108          

DESCRIBED IN DIVISION (B)(1) OR (2) OF SECTION 5122.01 OF THE      109          

REVISED CODE.                                                                   

      (C)  As used in this section:                                111          

      (1)  "Pattern of conduct" means two or more actions or       113          

incidents closely related in time, whether or not there has been   114          

a prior conviction based on any of those actions or incidents.     115          

ACTIONS OR INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE          116          

PERFORMANCE BY A PUBLIC OFFICIAL, FIREFIGHTER, RESCUER, OR         117          

EMERGENCY MEDICAL SERVICES PERSON OF ANY AUTHORIZED ACT WITHIN     118          

THE PUBLIC OFFICIAL'S, FIREFIGHTER'S, RESCUER'S, OR EMERGENCY      119          

MEDICAL SERVICES PERSON'S OFFICIAL CAPACITY MAY CONSTITUTE A       120          

"PATTERN OF CONDUCT."                                                           

      (2)  "Mental distress" means any mental illness or           122          

condition that involves some temporary substantial incapacity or   123          

mental illness or condition that would normally require            124          

psychiatric treatment.                                             125          

                                                          4      


                                                                 
      (3)  "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF  127          

"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION       128          

2133.21 OF THE REVISED CODE.                                                    

      (4)  "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION    130          

2921.01 OF THE REVISED CODE.                                       131          

      Sec. 2903.213.  (A)  Except when the complaint involves a    140          

person who is a family or household member as defined in section   141          

2919.25 of the Revised Code, upon the filing of a complaint that   142          

alleges a violation of section 2903.11, 2903.12, 2903.13,          143          

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a   145          

violation of a municipal ordinance substantially similar to        146          

section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the    147          

Revised Code, the complainant, THE ALLEGED VICTIM, OR A FAMILY OR  148          

HOUSEHOLD MEMBER OF AN ALLEGED VICTIM may file a motion that       149          

requests the issuance of a protection order as a pretrial          151          

condition of release of the alleged offender, in addition to any   152          

bail set under Criminal Rule 46.  The motion shall be filed with   153          

the clerk of the court that has jurisdiction of the case at any    154          

time after the filing of the complaint.  If the complaint          155          

involves a person who is a family or household member, the         156          

complainant, THE ALLEGED VICTIM, OR THE FAMILY OR HOUSEHOLD        157          

MEMBER may file a motion for a temporary protection order          158          

pursuant to section 2919.26 of the Revised Code.                                

      (B)  A motion for a protection order under this section      161          

shall be prepared on a form that is provided by the clerk of the   162          

court, and the form shall be substantially as follows:             163          

                  "Motion for Protection Order                     164          

                        .................                          165          

                    Name and address of court                      166          

State of Ohio                                                      168          

      v.                                         No. .......       169          

.....................................                              170          

Name of Defendant                                                  171          

(Name of person), the complainant in the above-captioned case,     173          

                                                          5      


                                                                 
moves the court to issue a protection order containing terms       175          

designed to ensure the safety and protection of the complainant    176          

OR THE ALLEGED VICTIM IN THE ABOVE-CAPTIONED CASE, in relation to  177          

the named defendant, pursuant to its authority to issue a          178          

protection order under section 2903.213 of the Revised Code.       180          

      A complaint, a copy of which has been attached to this       182          

motion, has been filed in this court charging the named defendant  183          

with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,    184          

2903.211, 2903.22, or 2911.211 of the Revised Code or a violation  186          

of a municipal ordinance substantially similar to section          187          

2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised    188          

Code.                                                                           

      I understand that I must appear before the court, at a time  190          

set by the court not later than the next day that the court is in  191          

session after the filing of this motion, for a hearing on the      192          

motion, and that any protection order granted pursuant to this     194          

motion is a pretrial condition of release and is effective only    195          

until the disposition of the criminal proceeding arising out of    196          

the attached complaint or until the issuance under section                      

2903.214 of the Revised Code of a protection order arising out of  197          

the same activities as those that were the basis of the attached   198          

complaint.                                                                      

.....................................                              200          

Signature of complainant PERSON                                    202          

.....................................                              204          

Address of complainant PERSON"                                     206          

      (C)(1)  As soon as possible after the filing of a motion     208          

that requests the issuance of a protection order under this        210          

section, but not later than the next day that the court is in      211          

session after the filing of the motion, the court shall conduct a  212          

hearing to determine whether to issue the order.  The complainant  213          

PERSON WHO REQUESTED THE ORDER shall appear before the court and   215          

provide the court with the information that it requests            216          

concerning the basis of the motion. If the court finds that the    217          

                                                          6      


                                                                 
safety and protection of the complainant OR THE ALLEGED VICTIM     218          

may be impaired by the continued presence of the alleged           220          

offender, the court may issue a protection order under this        222          

section, as a pretrial condition of release, that contains terms   223          

designed to ensure the safety and protection of the complainant    224          

OR THE ALLEGED VICTIM, including a requirement that the alleged    226          

offender refrain from entering the residence, school, business,    227          

or place of employment of the complainant OR THE ALLEGED VICTIM.   228          

      (2)(a)  If the court issues a protection order under this    231          

section that includes a requirement that the alleged offender      232          

refrain from entering the residence, school, business, or place    233          

of employment of the complainant OR THE ALLEGED VICTIM, the order  234          

shall clearly state that the order cannot be waived or nullified   236          

by an invitation to the alleged offender from the complainant,     237          

THE ALLEGED VICTIM, OR A FAMILY OR HOUSEHOLD MEMBER to enter the   238          

residence, school, business, or place of employment or by the      239          

alleged offender's entry into one of those places otherwise upon   240          

the consent of the complainant, THE ALLEGED VICTIM, OR A FAMILY    241          

OR HOUSEHOLD MEMBER.                                               242          

      (b)  Division (C)(2)(a) of this section does not limit any   246          

discretion of a court to determine that an alleged offender        247          

charged with a violation of section 2919.27 of the Revised Code,   248          

with a violation of a municipal ordinance substantially            249          

equivalent to that section, or with contempt of court, which       250          

charge is based on an alleged violation of a protection order      251          

issued under this section, did not commit the violation or was     252          

not in contempt of court.                                                       

      (D)(1)  Except when the complaint involves a person who is   254          

a family or household member as defined in section 2919.25 of the  255          

Revised Code, upon the filing of a complaint that alleges a        256          

violation specified in division (A) of this section, the court,    257          

upon its own motion, may issue a protection order under this       258          

section as a pretrial condition of release of the alleged          260          

offender if it finds that the safety and protection of the         261          

                                                          7      


                                                                 
complainant OR THE ALLEGED VICTIM may be impaired by the           262          

continued presence of the alleged offender.                        263          

      (2)  If the court issues a protection order under this       266          

section as an ex parte order, it shall conduct, as soon as         267          

possible after the issuance of the order but not later than the    268          

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

hearing to determine whether the order should remain in effect,    269          

be modified, or be revoked.  The hearing shall be conducted under  270          

the standards set forth in division (C) of this section.           271          

      (3)  If a municipal court or a county court issues a         274          

protection order under this section and if, subsequent to the      276          

issuance of the order, the alleged offender who is the subject of  277          

the order is bound over to the court of common pleas for           278          

prosecution of a felony arising out of the same activities as      279          

those that were the basis of the complaint upon which the order    280          

is based, notwithstanding the fact that the order was issued by a  281          

municipal court or county court, the order shall remain in         282          

effect, as though it were an order of the court of common pleas,   283          

while the charges against the alleged offender are pending in the  284          

court of common pleas, for the period of time described in         285          

division (E)(2) of this section, and the court of common pleas     286          

has exclusive jurisdiction to modify the order issued by the       287          

municipal court or county court.  This division applies when the   289          

alleged offender is bound over to the court of common pleas as a   290          

result of the person waiving a preliminary hearing on the felony   291          

charge, as a result of the municipal court or county court having  292          

determined at a preliminary hearing that there is probable cause   293          

to believe that the felony has been committed and that the         294          

alleged offender committed it, as a result of the alleged          295          

offender having been indicted for the felony, or in any other      296          

manner.                                                                         

      (E)  A protection order that is issued as a pretrial         299          

condition of release under this section:                                        

      (1)  Is in addition to, but shall not be construed as a      301          

                                                          8      


                                                                 
part of, any bail set under Criminal Rule 46;                      302          

      (2)  Is effective only until the disposition, by the court   304          

that issued the order or, in the circumstances described in        305          

division (D)(3) of this section, by the court of common pleas to   306          

which the alleged offender is bound over for prosecution, of the   307          

criminal proceeding arising out of the complaint upon which the    308          

order is based or until the issuance under section 2903.214 of     310          

the Revised Code of a protection order arising out of the same     311          

activities as those that were the basis of the complaint filed     312          

under this section;                                                             

      (3)  Shall not be construed as a finding that the alleged    314          

offender committed the alleged offense and shall not be            315          

introduced as evidence of the commission of the offense at the     316          

trial of the alleged offender on the complaint upon which the      317          

order is based.                                                    318          

      (F)  A person who meets the criteria for bail under          320          

Criminal Rule 46 and who, if required to do so pursuant to that    321          

rule, executes or posts bond or deposits cash or securities as     322          

bail, shall not be held in custody pending a hearing before the    323          

court on a motion requesting a protection order under this         325          

section.                                                                        

      (G)(1)  A copy of a protection order that is issued under    328          

this section shall be issued by the court to the complainant, TO   329          

THE ALLEGED VICTIM, TO THE PERSON WHO REQUESTED THE ORDER, to the  330          

defendant, and to all law enforcement agencies that have           331          

jurisdiction to enforce the order.  The court shall direct that a  332          

copy of the order be delivered to the defendant on the same day    333          

that the order is entered.  If a municipal court or a county       334          

court issues a protection order under this section and if,         335          

subsequent to the issuance of the order, the defendant who is the  336          

subject of the order is bound over to the court of common pleas    337          

for prosecution as described in division (D)(3) of this section,   339          

the municipal court or county court shall direct that a copy of    340          

the order be delivered to the court of common pleas to which the   341          

                                                          9      


                                                                 
defendant is bound over.                                                        

      (2)  All law enforcement agencies shall establish and        343          

maintain an index for the protection orders delivered to the       345          

agencies pursuant to division (G)(1) of this section.  With        346          

respect to each order delivered, each agency shall note on the     347          

index the date and time of the agency's receipt of the order.      348          

      (3)  Regardless of whether the petitioner has registered     350          

the protection order in the county in which the officer's agency   351          

has jurisdiction, any officer of a law enforcement agency shall    352          

enforce a protection order issued pursuant to this section in      354          

accordance with the provisions of the order.                       355          

      (H)  Upon a violation of a protection order issued pursuant  358          

to this section, the court may issue another protection order      359          

under this section, as a pretrial condition of release, that       361          

modifies the terms of the order that was violated.                 362          

      (I)  Notwithstanding any provision of law to the contrary,   364          

no court shall charge a fee for the filing of a motion pursuant    365          

to this section.                                                   366          

      Sec. 2909.04.  (A)  No person, purposely by any means, or    375          

knowingly by damaging or tampering with any property, shall do     376          

any of the following:                                              377          

      (1)  Interrupt or impair television, radio, telephone,       379          

telegraph, or other mass communications service, or; police,       380          

fire, or other public service communications, or; radar, loran,    382          

radio, or other electronic aids to air or marine navigation or     383          

communications,; or amateur or citizens band radio communications  385          

being used for public service or emergency communications;         386          

      (2)  Interrupt or impair public transportation, including    388          

without limitation school bus transportation, or water supply,     389          

gas, power, or other utility service to the public;                390          

      (3)  Substantially impair the ability of law enforcement     392          

officers, firemen FIREFIGHTERS, or rescue personnel, OR EMERGENCY  395          

MEDICAL SERVICES PERSONNEL to respond to an emergency, or to       397          

protect and preserve any person or property from serious physical  398          

                                                          10     


                                                                 
harm.                                                                           

      (B)  Whoever violates this section is guilty of disrupting   400          

public services, a felony of the fourth degree.                    401          

      (C)  "EMERGENCY MEDICAL SERVICES PERSONNEL" HAS THE SAME     411          

MEANING AS IN SECTION 2133.21 OF THE REVISED CODE.                 412          

      Sec. 2917.11.  (A)  No person shall recklessly cause         421          

inconvenience, annoyance, or alarm to another, by doing any of     422          

the following:                                                     423          

      (1)  Engaging in fighting, in threatening harm to persons    425          

or property, or in violent or turbulent behavior;                  426          

      (2)  Making unreasonable noise or an offensively coarse      428          

utterance, gesture, or display, or communicating unwarranted and   429          

grossly abusive language to any person;                            430          

      (3)  Insulting, taunting, or challenging another, under      432          

circumstances in which such THAT conduct is likely to provoke a    433          

violent response;                                                  434          

      (4)  Hindering or preventing the movement of persons on a    436          

public street, road, highway, or right-of-way, or to, from,        437          

within, or upon public or private property, so as to interfere     438          

with the rights of others, and by any act that serves no lawful    440          

and reasonable purpose of the offender;                                         

      (5)  Creating a condition that is physically offensive to    442          

persons or that presents a risk of physical harm to persons or     444          

property, by any act that serves no lawful and reasonable purpose  445          

of the offender.                                                                

      (B)  No person, while voluntarily intoxicated, shall do      447          

either of the following:                                           448          

      (1)  In a public place or in the presence of two or more     450          

persons, engage in conduct likely to be offensive or to cause      451          

inconvenience, annoyance, or alarm to persons of ordinary          452          

sensibilities, which conduct the offender, if the offender were    454          

not intoxicated, should know is likely to have that effect on      455          

others;                                                            456          

      (2)  Engage in conduct or create a condition that presents   458          

                                                          11     


                                                                 
a risk of physical harm to the offender or another, or to the      460          

property of another.                                                            

      (C)  Violation of any statute or ordinance of which an       462          

element is operating a motor vehicle, locomotive, watercraft,      463          

aircraft, or other vehicle while under the influence of alcohol    464          

or any drug of abuse, is not a violation of division (B) of this   465          

section.                                                           466          

      (D)  When to an ordinary observer IF a person appears TO AN  468          

ORDINARY OBSERVER to be intoxicated, it is probable cause to       470          

believe that person is voluntarily intoxicated for purposes of     471          

division (B) of this section.                                      472          

      (E)(1)  Whoever violates this section is guilty of           474          

disorderly conduct.  Except                                        475          

      (2)  EXCEPT as otherwise provided in this division (E)(3)    478          

OF THIS SECTION, disorderly conduct is a minor misdemeanor.  If    480          

the                                                                             

      (3)  DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH       482          

DEGREE IF ANY OF THE FOLLOWING APPLIES:                            483          

      (a)  THE offender persists in disorderly conduct after       486          

reasonable warning 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.