As Reported by the House Judiciary Committee

126th General Assembly Regular Session 2005-2006

Am. S. B. No. 128

Senators Cates, Wilson, Niehaus, Grendell 

Representatives Willamowski, Coley 

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A BILL

To amend sections 2301.02 and 2919.251 of the Revised

1

Code to add one additional judge for the general

2

division of the Butler County Court of Common

3

Pleas to be elected in 2006 and to eliminate the

4

requirement that a person charged with an offense

5

of violence against a family or household member

6

appear before the court for the setting of bail if

7

the person is subject to a protection order or

8

consent decree related to domestic violence or

9

previously was convicted of or pleaded guilty to

10

certain offenses.

11

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

Section 1. That sections 2301.02 and 2919.251 of the Revised	12
Code be amended to read as follows:	13

Sec. 2301.02.  The number of judges of the court of common	14
pleas for each county, the time for the next election of the	15
judges in the several counties, and the beginning of their terms	16
shall be as follows:	17

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	18
elected in 1956, term to begin February 9, 1957;	19

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	20
Ottawa, and Union counties, one judge, to be elected in 1954, term	21
to begin February 9, 1955;	22

In Auglaize county, one judge, to be elected in 1956, term to	23
begin January 9, 1957;	24

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	25
Jackson, Knox, Madison, Mercer, Monroe, Morrow, Paulding, Vinton,	26
and Wyandot counties, one judge, to be elected in 1956, term to	27
begin January 1, 1957;	28

In Logan county, two judges, one to be elected in 1956, term	29
to begin January 1, 1957, and one to be elected in 2004, term to	30
begin January 2, 2005;	31

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	32
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	33
elected in 1952, term to begin January 1, 1953;	34

In Harrison and Noble counties, one judge, to be elected in	35
1954, term to begin April 18, 1955;	36

In Henry county, two judges, one to be elected in 1956, term	37
to begin May 9, 1957, and one to be elected in 2004, term to begin	38
January 1, 2005;	39

In Putnam county, one judge, to be elected in 1956, term to	40
begin May 9, 1957;	41

In Huron county, one judge, to be elected in 1952, term to	42
begin May 14, 1953;	43

In Perry county, one judge, to be elected in 1954, term to	44
begin July 6, 1956;	45

In Sandusky county, two judges, one to be elected in 1954,	46
term to begin February 10, 1955, and one to be elected in 1978,	47
term to begin January 1, 1979;	48

(B) In Allen county, three judges, one to be elected in 1956,	49
term to begin February 9, 1957, the second to be elected in 1958,	50
term to begin January 1, 1959, and the third to be elected in	51
1992, term to begin January 1, 1993;	52

In Ashtabula county, three judges, one to be elected in 1954,	53
term to begin February 9, 1955, one to be elected in 1960, term to	54
begin January 1, 1961, and one to be elected in 1978, term to	55
begin January 2, 1979;	56

In Athens county, two judges, one to be elected in 1954, term	57
to begin February 9, 1955, and one to be elected in 1990, term to	58
begin July 1, 1991;	59

In Erie county, four judges, one to be elected in 1956, term	60
to begin January 1, 1957, the second to be elected in 1970, term	61
to begin January 2, 1971, the third to be elected in 2004, term to	62
begin January 2, 2005, and the fourth to be elected in 2008, term	63
to begin February 9, 2009;	64

In Fairfield county, three judges, one to be elected in 1954,	65
term to begin February 9, 1955, the second to be elected in 1970,	66
term to begin January 1, 1971, and the third to be elected in	67
1994, term to begin January 2, 1995;	68

In Geauga county, two judges, one to be elected in 1956, term	69
to begin January 1, 1957, and the second to be elected in 1976,	70
term to begin January 6, 1977;	71

In Greene county, four judges, one to be elected in 1956,	72
term to begin February 9, 1957, the second to be elected in 1960,	73
term to begin January 1, 1961, the third to be elected in 1978,	74
term to begin January 2, 1979, and the fourth to be elected in	75
1994, term to begin January 1, 1995;	76

In Hancock county, two judges, one to be elected in 1952,	77
term to begin January 1, 1953, and the second to be elected in	78
1978, term to begin January 1, 1979;	79

In Lawrence county, two judges, one to be elected in 1954,	80
term to begin February 9, 1955, and the second to be elected in	81
1976, term to begin January 1, 1977;	82

In Marion county, three judges, one to be elected in 1952,	83
term to begin January 1, 1953, the second to be elected in 1976,	84
term to begin January 2, 1977, and the third to be elected in	85
1998, term to begin February 9, 1999;	86

In Medina county, three judges, one to be elected in 1956,	87
term to begin January 1, 1957, the second to be elected in 1966,	88
term to begin January 1, 1967, and the third to be elected in	89
1994, term to begin January 1, 1995;	90

In Miami county, two judges, one to be elected in 1954, term	91
to begin February 9, 1955, and one to be elected in 1970, term to	92
begin on January 1, 1971;	93

In Muskingum county, three judges, one to be elected in 1968,	94
term to begin August 9, 1969, one to be elected in 1978, term to	95
begin January 1, 1979, and one to be elected in 2002, term to	96
begin January 2, 2003;	97

In Portage county, three judges, one to be elected in 1956,	98
term to begin January 1, 1957, the second to be elected in 1960,	99
term to begin January 1, 1961, and the third to be elected in	100
1986, term to begin January 2, 1987;	101

In Ross county, two judges, one to be elected in 1956, term	102
to begin February 9, 1957, and the second to be elected in 1976,	103
term to begin January 1, 1977;	104

In Scioto county, three judges, one to be elected in 1954,	105
term to begin February 10, 1955, the second to be elected in 1960,	106
term to begin January 1, 1961, and the third to be elected in	107
1994, term to begin January 2, 1995;	108

In Seneca county, two judges, one to be elected in 1956, term	109
to begin January 1, 1957, and the second to be elected in 1986,	110
term to begin January 2, 1987;	111

In Warren county, four judges, one to be elected in 1954,	112
term to begin February 9, 1955, the second to be elected in 1970,	113
term to begin January 1, 1971, the third to be elected in 1986,	114
term to begin January 1, 1987, and the fourth to be elected in	115
2004, term to begin January 2, 2005;	116

In Washington county, two judges, one to be elected in 1952,	117
term to begin January 1, 1953, and one to be elected in 1986, term	118
to begin January 1, 1987;	119

In Wood county, three judges, one to be elected in 1968, term	120
beginning January 1, 1969, the second to be elected in 1970, term	121
to begin January 2, 1971, and the third to be elected in 1990,	122
term to begin January 1, 1991;	123

In Belmont and Jefferson counties, two judges, to be elected	124
in 1954, terms to begin January 1, 1955, and February 9, 1955,	125
respectively;	126

In Clark county, four judges, one to be elected in 1952, term	127
to begin January 1, 1953, the second to be elected in 1956, term	128
to begin January 2, 1957, the third to be elected in 1986, term to	129
begin January 3, 1987, and the fourth to be elected in 1994, term	130
to begin January 2, 1995.	131

In Clermont county, five judges, one to be elected in 1956,	132
term to begin January 1, 1957, the second to be elected in 1964,	133
term to begin January 1, 1965, the third to be elected in 1982,	134
term to begin January 2, 1983, the fourth to be elected in 1986,	135
term to begin January 2, 1987; and the fifth to be elected in	136
2006, term to begin January 3, 2007;	137

In Columbiana county, two judges, one to be elected in 1952,	138
term to begin January 1, 1953, and the second to be elected in	139
1956, term to begin January 1, 1957;	140

In Delaware county, two judges, one to be elected in 1990,	141
term to begin February 9, 1991, the second to be elected in 1994,	142
term to begin January 1, 1995;	143

In Lake county, six judges, one to be elected in 1958, term	144
to begin January 1, 1959, the second to be elected in 1960, term	145
to begin January 2, 1961, the third to be elected in 1964, term to	146
begin January 3, 1965, the fourth and fifth to be elected in 1978,	147
terms to begin January 4, 1979, and January 5, 1979, respectively,	148
and the sixth to be elected in 2000, term to begin January 6,	149
2001;	150

In Licking county, four judges, one to be elected in 1954,	151
term to begin February 9, 1955, one to be elected in 1964, term to	152
begin January 1, 1965, one to be elected in 1990, term to begin	153
January 1, 1991, and one to be elected in 2004, term to begin	154
January 1, 2005;	155

In Lorain county, eight judges, two to be elected in 1952,	156
terms to begin January 1, 1953, and January 2, 1953, respectively,	157
one to be elected in 1958, term to begin January 3, 1959, one to	158
be elected in 1968, term to begin January 1, 1969, two to be	159
elected in 1988, terms to begin January 4, 1989, and January 5,	160
1989, respectively, and two to be elected in 1998, terms to begin	161
January 2, 1999, and January 3, 1999, respectively;	162

In Butler county, teneleven judges, one to be elected in	163
1956, term to begin January 1, 1957; two to be elected in 1954,	164
terms to begin January 1, 1955, and February 9, 1955,	165
respectively; one to be elected in 1968, term to begin January 2,	166
1969; one to be elected in 1986, term to begin January 3, 1987;	167
two to be elected in 1988, terms to begin January 1, 1989, and	168
January 2, 1989, respectively; one to be elected in 1992, term to	169
begin January 4, 1993; and two to be elected in 2002, terms to	170
begin January 2, 2003, and January 3, 2003, respectively; and one	171
to be elected in 2006, term to begin January 3, 2007;	172

In Richland county, four judges, one to be elected in 1956,	173
term to begin January 1, 1957, the second to be elected in 1960,	174
term to begin February 9, 1961, the third to be elected in 1968,	175
term to begin January 2, 1969, and the fourth to be elected in	176
2004, term to begin January 3, 2005;	177

In Tuscarawas county, two judges, one to be elected in 1956,	178
term to begin January 1, 1957, and the second to be elected in	179
1960, term to begin January 2, 1961;	180

In Wayne county, two judges, one to be elected in 1956, term	181
beginning January 1, 1957, and one to be elected in 1968, term to	182
begin January 2, 1969;	183

In Trumbull county, six judges, one to be elected in 1952,	184
term to begin January 1, 1953, the second to be elected in 1954,	185
term to begin January 1, 1955, the third to be elected in 1956,	186
term to begin January 1, 1957, the fourth to be elected in 1964,	187
term to begin January 1, 1965, the fifth to be elected in 1976,	188
term to begin January 2, 1977, and the sixth to be elected in	189
1994, term to begin January 3, 1995;	190

(C) In Cuyahoga county, thirty-nine judges; eight to be	191
elected in 1954, terms to begin on successive days beginning from	192
January 1, 1955, to January 7, 1955, and February 9, 1955,	193
respectively; eight to be elected in 1956, terms to begin on	194
successive days beginning from January 1, 1957, to January 8,	195
1957; three to be elected in 1952, terms to begin from January 1,	196
1953, to January 3, 1953; two to be elected in 1960, terms to	197
begin on January 8, 1961, and January 9, 1961, respectively; two	198
to be elected in 1964, terms to begin January 4, 1965, and January	199
5, 1965, respectively; one to be elected in 1966, term to begin on	200
January 10, 1967; four to be elected in 1968, terms to begin on	201
successive days beginning from January 9, 1969, to January 12,	202
1969; two to be elected in 1974, terms to begin on January 18,	203
1975, and January 19, 1975, respectively; five to be elected in	204
1976, terms to begin on successive days beginning January 6, 1977,	205
to January 10, 1977; two to be elected in 1982, terms to begin	206
January 11, 1983, and January 12, 1983, respectively; and two to	207
be elected in 1986, terms to begin January 13, 1987, and January	208
14, 1987, respectively;	209

In Franklin county, twenty-two judges; two to be elected in	210
1954, terms to begin January 1, 1955, and February 9, 1955,	211
respectively; four to be elected in 1956, terms to begin January	212
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	213
begin January 1, 1959, to January 4, 1959; three to be elected in	214
1968, terms to begin January 5, 1969, to January 7, 1969; three to	215
be elected in 1976, terms to begin on successive days beginning	216
January 5, 1977, to January 7, 1977; one to be elected in 1982,	217
term to begin January 8, 1983; one to be elected in 1986, term to	218
begin January 9, 1987; two to be elected in 1990, terms to begin	219
July 1, 1991, and July 2, 1991, respectively; one to be elected in	220
1996, term to begin January 2, 1997; and one to be elected in	221
2004, term to begin July 1, 2005;	222

In Hamilton county, twenty-one judges; eight to be elected in	223
1966, terms to begin January 1, 1967, January 2, 1967, and from	224
February 9, 1967, to February 14, 1967, respectively; five to be	225
elected in 1956, terms to begin from January 1, 1957, to January	226
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	227
one to be elected in 1974, term to begin January 15, 1975; one to	228
be elected in 1980, term to begin January 16, 1981; two to be	229
elected at large in the general election in 1982, terms to begin	230
April 1, 1983; one to be elected in 1990, term to begin July 1,	231
1991; and two to be elected in 1996, terms to begin January 3,	232
1997, and January 4, 1997, respectively;	233

In Lucas county, fourteen judges; two to be elected in 1954,	234
terms to begin January 1, 1955, and February 9, 1955,	235
respectively; two to be elected in 1956, terms to begin January 1,	236
1957, and October 29, 1957, respectively; two to be elected in	237
1952, terms to begin January 1, 1953, and January 2, 1953,	238
respectively; one to be elected in 1964, term to begin January 3,	239
1965; one to be elected in 1968, term to begin January 4, 1969;	240
two to be elected in 1976, terms to begin January 4, 1977, and	241
January 5, 1977, respectively; one to be elected in 1982, term to	242
begin January 6, 1983; one to be elected in 1988, term to begin	243
January 7, 1989; one to be elected in 1990, term to begin January	244
2, 1991; and one to be elected in 1992, term to begin January 2,	245
1993;	246

In Mahoning county, seven judges; three to be elected in	247
1954, terms to begin January 1, 1955, January 2, 1955, and	248
February 9, 1955, respectively; one to be elected in 1956, term to	249
begin January 1, 1957; one to be elected in 1952, term to begin	250
January 1, 1953; one to be elected in 1968, term to begin January	251
2, 1969; and one to be elected in 1990, term to begin July 1,	252
1991;	253

In Montgomery county, fifteen judges; three to be elected in	254
1954, terms to begin January 1, 1955, January 2, 1955, and January	255
3, 1955, respectively; four to be elected in 1952, terms to begin	256
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	257
respectively; one to be elected in 1964, term to begin January 3,	258
1965; one to be elected in 1968, term to begin January 3, 1969;	259
three to be elected in 1976, terms to begin on successive days	260
beginning January 4, 1977, to January 6, 1977; two to be elected	261
in 1990, terms to begin July 1, 1991, and July 2, 1991,	262
respectively; and one to be elected in 1992, term to begin January	263
1, 1993.	264

In Stark county, eight judges; one to be elected in 1958,	265
term to begin on January 2, 1959; two to be elected in 1954, terms	266
to begin on January 1, 1955, and February 9, 1955, respectively;	267
two to be elected in 1952, terms to begin January 1, 1953, and	268
April 16, 1953, respectively; one to be elected in 1966, term to	269
begin on January 4, 1967; and two to be elected in 1992, terms to	270
begin January 1, 1993, and January 2, 1993, respectively;	271

In Summit county, eleven judges; four to be elected in 1954,	272
terms to begin January 1, 1955, January 2, 1955, January 3, 1955,	273
and February 9, 1955, respectively; three to be elected in 1958,	274
terms to begin January 1, 1959, January 2, 1959, and May 17, 1959,	275
respectively; one to be elected in 1966, term to begin January 4,	276
1967; one to be elected in 1968, term to begin January 5, 1969;	277
one to be elected in 1990, term to begin May 1, 1991; and one to	278
be elected in 1992, term to begin January 6, 1993.	279

Notwithstanding the foregoing provisions, in any county	280
having two or more judges of the court of common pleas, in which	281
more than one-third of the judges plus one were previously elected	282
at the same election, if the office of one of those judges so	283
elected becomes vacant more than forty days prior to the second	284
general election preceding the expiration of that judge's term,	285
the office that that judge had filled shall be abolished as of the	286
date of the next general election, and a new office of judge of	287
the court of common pleas shall be created. The judge who is to	288
fill that new office shall be elected for a six-year term at the	289
next general election, and the term of that judge shall commence	290
on the first day of the year following that general election, on	291
which day no other judge's term begins, so that the number of	292
judges that the county shall elect shall not be reduced.	293

Judges of the probate division of the court of common pleas	294
are judges of the court of common pleas but shall be elected	295
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	296
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and	297
Wyandot counties in which the judge of the court of common pleas	298
elected pursuant to this section also shall serve as judge of the	299
probate division.	300

Sec. 2919.251.  (A) Subject to division (D) of this section,	301
a person who is charged with the commission of any offense of	302
violence shall appear before the court for the setting of bail if	303
the alleged victim of the offense charged was a family or	304
household member at the time of the offense and if any of the	305
following applies:	306

(1) The person charged, at the time of the alleged offense,	307
was subject to the terms of a protection order issued or consent	308
agreement approved pursuant to section 2919.26 or 3113.31 of the	309
Revised Code or previously was convicted of or pleaded guilty to a	310
violation of section 2919.25 of the Revised Code or a violation of	311
section 2919.27 of the Revised Code involving a protection order	312
or consent agreement of that type, a violation of an existing or	313
former municipal ordinance or law of this or any other state or	314
the United States that is substantially similar to either section,	315
a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of	316
the Revised Code if the victim of the violation was a family or	317
household member at the time of the violation a violation of an	318
existing or former municipal ordinance or law of this or any other	319
state or the United States that is substantially similar to any of	320
those sections if the victim of the violation was a family or	321
household member at the time of the commission of the violation,	322
or any offense of violence if the victim of the offense was a	323
family or household member at the time of the offense;	324

(2) The arresting officer indicates in a police report or	325
other document accompanying the complaint any of the following:	326

(a)(1) That the arresting officer observed on the alleged	327
victim objective manifestations of physical harm that the	328
arresting officer reasonably believes are a result of the alleged	329
offense;	330

(b)(2) That the arresting officer reasonably believes that	331
the person had on the person's person at the time of the alleged	332
offense a deadly weapon or dangerous ordnance;	333

(c)(3) That the arresting officer reasonably believes that	334
the person presents a credible threat of serious physical harm to	335
the alleged victim or to any other person if released on bail	336
before trial.	337

(B) To the extent that information about any of the following	338
is available to the court, the court shall consider all of the	339
following, in addition to any other circumstances considered by	340
the court and notwithstanding any provisions to the contrary	341
contained in Criminal Rule 46, before setting bail for a person	342
who appears before the court pursuant to division (A) of this	343
section:	344

(1) Whether the person has a history of domestic violence or	345
a history of other violent acts;	346

(2) The mental health of the person;

347

(3) Whether the person has a history of violating the orders	348
of any court or governmental entity;	349

(4) Whether the person is potentially a threat to any other	350
person;	351

(5) Whether the person has access to deadly weapons or a	352
history of using deadly weapons;	353

(6) Whether the person has a history of abusing alcohol or	354
any controlled substance;	355

(7) The severity of the alleged violence that is the basis of	356
the offense, including but not limited to, the duration of the	357
alleged violent incident, and whether the alleged violent incident	358
involved serious physical injury, sexual assault, strangulation,	359
abuse during the alleged victim's pregnancy, abuse of pets, or	360
forcible entry to gain access to the alleged victim;	361

(8) Whether a separation of the person from the alleged	362
victim or a termination of the relationship between the person and	363
the alleged victim has recently occurred or is pending;	364

(9) Whether the person has exhibited obsessive or controlling	365
behaviors toward the alleged victim, including but not limited to,	366
stalking, surveillance, or isolation of the alleged victim;	367

(10) Whether the person has expressed suicidal or homicidal	368
ideations;	369

(11) Any information contained in the complaint and any	370
police reports, affidavits, or other documents accompanying the	371
complaint.	372

(C) Any court that has jurisdiction over charges alleging the	373
commission of an offense of violence in circumstances in which the	374
alleged victim of the offense was a family or household member at	375
the time of the offense may set a schedule for bail to be used in	376
cases involving those offenses. The schedule shall require that a	377
judge consider all of the factors listed in division (B) of this	378
section and may require judges to set bail at a certain level if	379
the history of the alleged offender or the circumstances of the	380
alleged offense meet certain criteria in the schedule.	381

(D)(1) Upon the court's own motion or the motion of a party	382
and upon any terms that the court may direct, a court may permit a	383
person who is required to appear before it by division (A) of this	384
section to appear by video conferencing equipment.	385

(2) If in the opinion of the court the appearance in person	386
or by video conferencing equipment of a person who is charged with	387
a misdemeanor and who is required to appear before the court by	388
division (A) of this section is not practicable, the court may	389
waive the appearance and release the person on bail in accordance	390
with the court's schedule for bail set under division (C) of this	391
section or, if the court has not set a schedule for bail under	392
that division, on one or both of the following types of bail in an	393
amount set by the court:	394

(a) A bail bond secured by a deposit of ten per cent of the	395
amount of the bond in cash;	396

(b) A surety bond, a bond secured by real estate or	397
securities as allowed by law, or the deposit of cash, at the	398
option of the person.	399

(3) Division (A) of this section does not create a right in a	400
person to appear before the court for the setting of bail or	401
prohibit a court from requiring any person charged with an offense	402
of violence who is not described in that division from appearing	403
before the court for the setting of bail.	404

(E) As used in this section:

405

(1) "Controlled substance" has the same meaning as in section	406
3719.01 of the Revised Code.	407

(2) "Dangerous ordnance" and "deadly weapon" have the same	408
meanings as in section 2923.11 of the Revised Code.	409

Section 2. That existing sections 2301.02 and 2919.251 of the	410
Revised Code are hereby repealed.	411