Sub. H. B. No. 29 As Passed by the Senate

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, Beatty, Blasdel, Boccieri, Brown, Bubp, Buehrer, Calvert, Carmichael, Cassell, Chandler, Coley, Collier, DeBose, DeWine, Domenick, Faber, Fende, Fessler, Flowers, Garrison, Gibbs, Gilb, Hagan, Healy, Hoops, Hughes, Key, Kilbane, Latta, Law, Mason, Mitchell, Oelslager, Otterman, S. Patton, T. Patton, Perry, Redfern, Sayre, Schlichter, Schneider, Seaver, Seitz, Setzer, G. Smith, D. Stewart, J. Stewart, Sykes, Taylor, Uecker, Wagoner, Walcher, Webster, White, Widowfield, Wolpert, Woodard, Yates, Yuko

Senators Jordan, Grendell, Schuring, Dann, Mallory, Zurz, Cates, Austria, Carey, Coughlin, Fedor, Fingerhut, Gardner, Goodman, Harris, Hottinger, Mumper, Niehaus, Armbruster, Clancy, Jacobson, Amstutz, Brady, Miller, Padgett, Prentiss, Roberts, Schuler, Spada, Wachtmann

A BILL
To amend section 2919.251 of the Revised Code to 1
require a person who is charged with an offense of 2
violence involving a victim who is a family or 3
household member and to whom any of a list of 4
specified circumstances applies to appear before 5
the court before the court sets bail for that 6
person and to require the court to consider 7
certain factors before setting bail for that 8
person if the court is aware of certain specified 9
information. 10

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

       Section 1. That section 2919.251 of the Revised Code be 11
amended to read as follows: 12

       Sec. 2919.251. (A) IfSubject to division (D) of this 13
section, a person who is charged with the commission of any 14
offense of violence,shall appear before the court for the setting 15
of bail if the alleged victim of the offense charged was a family 16
or household member at the time of the offense, and if ~~the~~any of 17
the following applies: 18

       (1) The person charged, at the time of the alleged offense, 19
was subject to the terms of a protection order issued or consent 20
agreement approved pursuant to section 2919.26 or 3113.31 of the 21
Revised Code or previously was convicted of or pleaded guilty to a 22
violation of section 2919.25 of the Revised Code or a violation of 23
section 2919.27 of the Revised Code involving a protection order 24
or consent agreement of that type, a violation of an existing or 25
former municipal ordinance or law of this or any other state or 26
the United States that is substantially similar to either section, 27
a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of 28
the Revised Code if the victim of the violation was a family or 29
household member at the time of the violation a violation of an 30
existing or former municipal ordinance or law of this or any other 31
state or the United States that is substantially similar to any of 32
those sections if the victim of the violation was a family or 33
household member at the time of the commission of the violation, 34
or any offense of violence if the victim of the offense was a 35
family or household member at the time of the offense~~, the~~; 36

       (2) The arresting officer indicates in a police report or 37
other document accompanying the complaint any of the following: 38

       (a) That the arresting officer observed on the alleged victim 39
objective manifestations of physical harm that the arresting 40
officer reasonably believes are a result of the alleged offense; 41

       (b) That the arresting officer reasonably believes that the 42
person had on the person's person at the time of the alleged 43
offense a deadly weapon or dangerous ordnance; 44

       (c) That the arresting officer reasonably believes that the 45
person presents a credible threat of serious physical harm to the 46
alleged victim or to any other person if released on bail before 47
trial. 48

       (B) To the extent that information about any of the following 49
is available to the court, the court shall consider all of the 50
following, in addition to any other circumstances considered by 51
the court and notwithstanding any provisions to the contrary 52
contained in Criminal Rule 46, before setting bail for ~~the~~a 53
person who appears before the court pursuant to division (A) of 54
this section: 55

       (1) Whether the person has a history of domestic violence or 56
a history of other violent acts; 57

       (2) The mental health of the person; 58

       (3) Whether the person has a history of violating the orders 59
of any court or governmental entity; 60

       (4) Whether the person is potentially a threat to any other 61
person; 62

       (5) Whether ~~setting bail at a high level will interfere with~~ 63
~~any treatment or counseling that the person or the family of the~~ 64
~~person is undergoing~~the person has access to deadly weapons or a 65
history of using deadly weapons; 66

       (6) Whether the person has a history of abusing alcohol or 67
any controlled substance; 68

       (7) The severity of the alleged violence that is the basis of 69
the offense, including but not limited to, the duration of the 70
alleged violent incident, and whether the alleged violent incident 71
involved serious physical injury, sexual assault, strangulation, 72
abuse during the alleged victim's pregnancy, abuse of pets, or 73
forcible entry to gain access to the alleged victim; 74

       (8) Whether a separation of the person from the alleged 75
victim or a termination of the relationship between the person and 76
the alleged victim has recently occurred or is pending; 77

       (9) Whether the person has exhibited obsessive or controlling 78
behaviors toward the alleged victim, including but not limited to, 79
stalking, surveillance, or isolation of the alleged victim; 80

       (10) Whether the person has expressed suicidal or homicidal 81
ideations; 82

       (11) Any information contained in the complaint and any 83
police reports, affidavits, or other documents accompanying the 84
complaint. 85

       ~~(B)~~(C) Any court that has jurisdiction over charges alleging 86
the commission of an offense of violence in circumstances in which 87
the alleged victim of the offense was a family or household member 88
at the time of the offense, may set a schedule for bail to be used 89
in cases involving those offenses. The schedule shall require that 90
a judge consider all of the factors listed in division ~~(A)~~(B) of 91
this section and may require judges to set bail at a certain level 92
if the history of the alleged offender or the circumstances of the 93
alleged offense meet certain criteria in the schedule. 94

       (D)(1) Upon the court's own motion or the motion of a party 95
and upon any terms that the court may direct, a court may permit a 96
person who is required to appear before it by division (A) of this 97
section to appear by video conferencing equipment. 98

       (2) If in the opinion of the court the appearance in person 99
or by video conferencing equipment of a person who is charged with 100
a misdemeanor and who is required to appear before the court by 101
division (A) of this section is not practicable, the court may 102
waive the appearance and release the person on bail in accordance 103
with the court's schedule for bail set under division (C) of this 104
section or, if the court has not set a schedule for bail under 105
that division, on one or both of the following types of bail in an 106
amount set by the court: 107

       (a) A bail bond secured by a deposit of ten per cent of the 108
amount of the bond in cash; 109

       (b) A surety bond, a bond secured by real estate or 110
securities as allowed by law, or the deposit of cash, at the 111
option of the person. 112

       (3) Division (A) of this section does not create a right in a 113
person to appear before the court for the setting of bail or 114
prohibit a court from requiring any person charged with an offense 115
of violence who is not described in that division from appearing 116
before the court for the setting of bail. 117

       (E) As used in this section: 118

       (1) "Controlled substance" has the same meaning as in section 119
3719.01 of the Revised Code. 120

       (2) "Dangerous ordnance" and "deadly weapon" have the same 121
meanings as in section 2923.11 of the Revised Code. 122

       Section 2. That existing section 2919.251 of the Revised Code 123
is hereby repealed. 124

       Section 3. The General Assembly acknowledges the Supreme 125
Court's authority to prescribe rules governing practice and 126
procedure in the courts of this state, as provided by Section 5 of 127
Article IV of the Ohio Constitution. Recognizing the dangers posed 128
to victims of domestic violence and other crimes of violence when 129
the alleged perpetrators are not physically restrained, even 130
though they may be under bond or subject to orders of protection, 131
the General Assembly respectfully urges the Supreme Court to amend 132
the existing Rules of Civil and Criminal Procedure, or to adopt 133
new rules, to acknowledge the exigency of, give priority to, and 134
otherwise encourage the speedy resolution of cases involving 135
domestic violence. 136

Section 1. That section 2919.251 of the Revised Code be	11
amended to read as follows:	12

Sec. 2919.251. (A) IfSubject to division (D) of this	13
section, a person who is charged with the commission of any	14
offense of violence,shall appear before the court for the setting	15
of bail if the alleged victim of the offense charged was a family	16
or household member at the time of the offense, and if ~~the~~any of	17
the following applies:	18

(1) The person charged, at the time of the alleged offense,	19
was subject to the terms of a protection order issued or consent	20
agreement approved pursuant to section 2919.26 or 3113.31 of the	21
Revised Code or previously was convicted of or pleaded guilty to a	22
violation of section 2919.25 of the Revised Code or a violation of	23
section 2919.27 of the Revised Code involving a protection order	24
or consent agreement of that type, a violation of an existing or	25
former municipal ordinance or law of this or any other state or	26
the United States that is substantially similar to either section,	27
a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of	28
the Revised Code if the victim of the violation was a family or	29
household member at the time of the violation a violation of an	30
existing or former municipal ordinance or law of this or any other	31
state or the United States that is substantially similar to any of	32
those sections if the victim of the violation was a family or	33
household member at the time of the commission of the violation,	34
or any offense of violence if the victim of the offense was a	35
family or household member at the time of the offense~~, the~~;	36

(2) The arresting officer indicates in a police report or	37
other document accompanying the complaint any of the following:	38

(a) That the arresting officer observed on the alleged victim	39
objective manifestations of physical harm that the arresting	40
officer reasonably believes are a result of the alleged offense;	41

(b) That the arresting officer reasonably believes that the	42
person had on the person's person at the time of the alleged	43
offense a deadly weapon or dangerous ordnance;	44

(c) That the arresting officer reasonably believes that the	45
person presents a credible threat of serious physical harm to the	46
alleged victim or to any other person if released on bail before	47
trial.	48

(B) To the extent that information about any of the following	49
is available to the court, the court shall consider all of the	50
following, in addition to any other circumstances considered by	51
the court and notwithstanding any provisions to the contrary	52
contained in Criminal Rule 46, before setting bail for ~~the~~a	53
person who appears before the court pursuant to division (A) of	54
this section:	55

(1) Whether the person has a history of domestic violence or	56
a history of other violent acts;	57

(3) Whether the person has a history of violating the orders	59
of any court or governmental entity;	60

(4) Whether the person is potentially a threat to any other	61
person;	62

(5) Whether ~~setting bail at a high level will interfere with~~	63
~~any treatment or counseling that the person or the family of the~~	64
~~person is undergoing~~the person has access to deadly weapons or a	65
history of using deadly weapons;	66

(6) Whether the person has a history of abusing alcohol or	67
any controlled substance;	68

(7) The severity of the alleged violence that is the basis of	69
the offense, including but not limited to, the duration of the	70
alleged violent incident, and whether the alleged violent incident	71
involved serious physical injury, sexual assault, strangulation,	72
abuse during the alleged victim's pregnancy, abuse of pets, or	73
forcible entry to gain access to the alleged victim;	74

(8) Whether a separation of the person from the alleged	75
victim or a termination of the relationship between the person and	76
the alleged victim has recently occurred or is pending;	77

(9) Whether the person has exhibited obsessive or controlling	78
behaviors toward the alleged victim, including but not limited to,	79
stalking, surveillance, or isolation of the alleged victim;	80

(10) Whether the person has expressed suicidal or homicidal	81
ideations;	82

(11) Any information contained in the complaint and any	83
police reports, affidavits, or other documents accompanying the	84
complaint.	85

~~(B)~~(C) Any court that has jurisdiction over charges alleging	86
the commission of an offense of violence in circumstances in which	87
the alleged victim of the offense was a family or household member	88
at the time of the offense, may set a schedule for bail to be used	89
in cases involving those offenses. The schedule shall require that	90
a judge consider all of the factors listed in division ~~(A)~~(B) of	91
this section and may require judges to set bail at a certain level	92
if the history of the alleged offender or the circumstances of the	93
alleged offense meet certain criteria in the schedule.	94

(D)(1) Upon the court's own motion or the motion of a party	95
and upon any terms that the court may direct, a court may permit a	96
person who is required to appear before it by division (A) of this	97
section to appear by video conferencing equipment.	98

(2) If in the opinion of the court the appearance in person	99
or by video conferencing equipment of a person who is charged with	100
a misdemeanor and who is required to appear before the court by	101
division (A) of this section is not practicable, the court may	102
waive the appearance and release the person on bail in accordance	103
with the court's schedule for bail set under division (C) of this	104
section or, if the court has not set a schedule for bail under	105
that division, on one or both of the following types of bail in an	106
amount set by the court:	107

(a) A bail bond secured by a deposit of ten per cent of the	108
amount of the bond in cash;	109

(b) A surety bond, a bond secured by real estate or	110
securities as allowed by law, or the deposit of cash, at the	111
option of the person.	112

(3) Division (A) of this section does not create a right in a	113
person to appear before the court for the setting of bail or	114
prohibit a court from requiring any person charged with an offense	115
of violence who is not described in that division from appearing	116
before the court for the setting of bail.	117

(1) "Controlled substance" has the same meaning as in section	119
3719.01 of the Revised Code.	120

(2) "Dangerous ordnance" and "deadly weapon" have the same	121
meanings as in section 2923.11 of the Revised Code.	122

Section 2. That existing section 2919.251 of the Revised Code	123
is hereby repealed.	124

Section 3. The General Assembly acknowledges the Supreme	125
Court's authority to prescribe rules governing practice and	126
procedure in the courts of this state, as provided by Section 5 of	127
Article IV of the Ohio Constitution. Recognizing the dangers posed	128
to victims of domestic violence and other crimes of violence when	129
the alleged perpetrators are not physically restrained, even	130
though they may be under bond or subject to orders of protection,	131
the General Assembly respectfully urges the Supreme Court to amend	132
the existing Rules of Civil and Criminal Procedure, or to adopt	133
new rules, to acknowledge the exigency of, give priority to, and	134
otherwise encourage the speedy resolution of cases involving	135
domestic violence.	136