As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 29

Representatives Raussen, D. Evans, Distel, Aslanides, Allen, Raga, Driehaus, Trakas, Barrett, Daniels, Carano, McGregor, Reidelbach, Willamowski, Hartnett, Martin, Brinkman, Kearns, C. Evans 

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A BILL

To amend section 2919.251 of the Revised Code to

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require a court to consider certain factors before

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setting bail for a person if the person is charged

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with an offense of violence involving a victim who

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is a family or household member and to require the

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person to appear before the court before the court

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sets bail for that person.

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

Section 1. That section 2919.251 of the Revised Code be	8
amended to read as follows:	9

Sec. 2919.251.  (A) If a person is charged with the	10
commission of any offense of violence,and if the alleged victim	11
of the offense charged was a family or household member at the	12
time of the offense, and if the person charged, at the time of the	13
alleged offense, was subject to the terms of a protection order	14
issued or consent agreement approved pursuant to section 2919.26	15
or 3113.31 of the Revised Code or previously was convicted of or	16
pleaded guilty to a violation of section 2919.25 of the Revised	17
Code or a violation of section 2919.27 of the Revised Code	18
involving a protection order or consent agreement of that type, a	19
violation of an existing or former municipal ordinance or law of	20
this or any other state or the United States that is substantially	21
similar to either section, a violation of section 2909.06,	22
2909.07, 2911.12, or 2911.211 of the Revised Code if the victim of	23
the violation was a family or household member at the time of the	24
violation a violation of an existing or former municipal ordinance	25
or law of this or any other state or the United States that is	26
substantially similar to any of those sections if the victim of	27
the violation was a family or household member at the time of the	28
commission of the violation, or any offense of violence if the	29
victim of the offense was a family or household member at the time	30
of the offense,the person shall appear before the court for the	31
setting of bail, and the court shall consider all of the	32
following, in addition to any other circumstances considered by	33
the court and notwithstanding any provisions to the contrary	34
contained in Criminal Rule 46, before setting bail for the person:	35

(1) Whether the person has a history of domestic violence or	36
a history of other violent acts;	37

(2) The mental health of the person;

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(3) Whether the person has a history of violating the orders	39
of any court or governmental entity;	40

(4) Whether the person is potentially a threat to any other	41
person;	42

(5) Whether setting bail at a high level will interfere with	43
any treatment or counseling that the person or the family of the	44
person is undergoing.	45

(B) Any court that has jurisdiction over charges alleging the	46
commission of an offense of violence in circumstances in which the	47
alleged victim of the offense was a family or household member at	48
the time of the offense, may set a schedule for bail to be used in	49
cases involving those offenses. The schedule shall require that a	50
judge consider all of the factors listed in division (A) of this	51
section and may require judges to set bail at a certain level if	52
the history of the alleged offender or the circumstances of the	53
alleged offense meet certain criteria in the schedule.	54

Section 2. That existing section 2919.251 of the Revised Code	55
is hereby repealed.	56