As Passed by the House

126th General Assembly
Regular Session
2005-2006
Sub. 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, Blessing, Schaffer, Harwood, Miller 



A BILL
To amend section 2919.251 of the Revised Code to 1
require a court to consider certain factors before 2
setting bail for a person if the person is charged 3
with an offense of violence involving a victim who 4
is a family or household member and the court is 5
aware of certain information accompanying the 6
complaint and to generally require the person to 7
appear before the court before the court sets bail 8
for that person.9


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

       Section 1. That section 2919.251 of the Revised Code be 10
amended to read as follows:11

       Sec. 2919.251.  (A) IfSubject to division (D) of this 12
section, a person who is charged with the commission of any 13
offense of violence,shall appear before the court for the setting 14
of bail if the alleged victim of the offense charged was a family 15
or household member at the time of the offense, and if the person 16
charged, at the time of the alleged offense, was subject to the 17
terms of a protection order issued or consent agreement approved 18
pursuant to section 2919.26 or 3113.31 of the Revised Code or 19
previously was convicted of or pleaded guilty to a violation of 20
section 2919.25 of the Revised Code or a violation of section 21
2919.27 of the Revised Code involving a protection order or 22
consent agreement of that type, a violation of an existing or 23
former municipal ordinance or law of this or any other state or 24
the United States that is substantially similar to either section, 25
a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of 26
the Revised Code if the victim of the violation was a family or 27
household member at the time of the violation a violation of an 28
existing or former municipal ordinance or law of this or any other 29
state or the United States that is substantially similar to any of 30
those sections if the victim of the violation was a family or 31
household member at the time of the commission of the violation, 32
or any offense of violence if the victim of the offense was a33
family or household member at the time of the offense, the34
arresting officer indicates in a police report or other document 35
accompanying the complaint any of the following:36

       (1) That the arresting officer observed on the alleged victim 37
objective manifestations of physical harm that the arresting 38
officer reasonably believes are a result of the alleged offense;39

       (2) That the arresting officer reasonably believes that the 40
person had on the person's person at the time of the alleged 41
offense a deadly weapon or dangerous ordinance;42

       (3) That the arresting officer reasonably believes that the 43
person presents a credible threat of serious physical harm to the 44
alleged victim or to any other person if released on bail before 45
trial.46

       (B) To the extent that information about any of the following 47
is available to the court, the court shall consider all of the 48
following, in addition to any other circumstances considered by 49
the court and notwithstanding any provisions to the contrary 50
contained in Criminal Rule 46, before setting bail for thea51
person who appears before the court pursuant to division (A) of 52
this section:53

       (1) Whether the person has a history of domestic violence or 54
a history of other violent acts;55

       (2) The mental health of the person;56

       (3) Whether the person has a history of violating the orders 57
of any court or governmental entity;58

       (4) Whether the person is potentially a threat to any other 59
person;60

       (5) Whether setting bail at a high level will interfere with 61
any treatment or counseling that the person or the family of the 62
person is undergoingthe person has access to deadly weapons or a 63
history of using deadly weapons;64

       (6) Whether the person has a history of abusing alcohol or 65
any controlled substance, as defined in section 3719.01 of the 66
Revised Code;67

       (7) The severity of the alleged violence that is the basis of 68
the offense, including but not limited to, the duration of the 69
alleged violent incident, and whether the alleged violent incident 70
involved serious physical injury, sexual assault, strangulation, 71
abuse during the alleged victim's pregnancy, abuse of pets, or 72
forcible entry to gain access to the alleged victim;73

       (8) Whether a separation of the person from the alleged 74
victim or a termination of the relationship between the person and 75
the alleged victim has recently occurred or is pending;76

       (9) Whether the person has exhibited obsessive or controlling 77
behaviors toward the alleged victim, including but not limited to, 78
stalking, surveillance, or isolation of the alleged victim;79

       (10) Whether the person has expressed suicidal or homicidal 80
ideations;81

       (11) Any information contained in the complaint and any 82
police reports, affidavits, or other documents accompanying the 83
complaint.84

       (B)(C) Any court that has jurisdiction over charges alleging 85
the commission of an offense of violence in circumstances in which 86
the alleged victim of the offense was a family or household member 87
at the time of the offense, may set a schedule for bail to be used 88
in cases involving those offenses. The schedule shall require that 89
a judge consider all of the factors listed in division (A)(B) of 90
this section and may require judges to set bail at a certain level 91
if the history of the alleged offender or the circumstances of the 92
alleged offense meet certain criteria in the schedule.93

       (D)(1) Upon the court's own motion or the motion of a party 94
and upon any terms that the court may direct, a court may permit a 95
person who is required to appear before it by division (A) of this 96
section to appear by video conferencing equipment.97

       (2) If in the opinion of the court the appearance in person 98
or by video conferencing equipment of a person who is charged with 99
a misdemeanor and who is required to appear before the court by 100
division (A) of this section is not practicable, the court may 101
waive the appearance and release the person on bail in accordance 102
with the court's schedule for bail set under division (C) of this 103
section or, if the court has not set a schedule for bail under 104
that division, on one or both of the following types of bail in an 105
amount set by the court:106

       (a) A bail bond secured by a deposit of ten per cent of the 107
amount of the bond in cash;108

       (b) A surety bond, a bond secured by real estate or 109
securities as allowed by law, or the deposit of cash, at the 110
option of the person.111

       (3) Division (A) of this section does not create a right in a 112
person to appear before the court for the setting of bail or 113
prohibit a court from requiring any person charged with an offense 114
of violence who is not described in that division from appearing 115
before the court for the setting of bail.116

       Section 2. That existing section 2919.251 of the Revised Code 117
is hereby repealed.118

       Section 3. The General Assembly acknowledges the Supreme 119
Court's authority to prescribe rules governing practice and 120
procedure in the courts of this state, as provided by Section 5 of 121
Article IV of the Ohio Constitution. Recognizing the dangers posed 122
to victims of domestic violence and other crimes of violence when 123
the alleged perpetrators are not physically restrained, even 124
though they may be under bond or subject to orders of protection, 125
the General Assembly respectfully urges the Supreme Court to amend 126
the existing Rules of Civil and Criminal Procedure, or to adopt 127
new rules, to acknowledge the exigency of, give priority to, and 128
otherwise encourage the speedy resolution of cases involving 129
domestic violence.130