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 a | 33 |
family or household member at the time of the offense, the | 34 |
arresting officer indicates in a police report or other document | 35 |
accompanying the complaint any of the following: | 36 |
(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 |
(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 |
(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 |
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 |