As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 414

Representative Latta 

Cosponsors: Representatives McGregor, J., Hughes, Evans, Setzer, Goodwin, Webster, Combs, Jones, Collier, Fende 

---

A BILL

To amend section 2919.251 of the Revised Code to

1

modify when a defendant who is accused of

2

committing an offense of violence against a family

3

or household member must personally appear for the

4

setting of bail.

5

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

Section 1. That section 2919.251 of the Revised Code be	6
amended to read as follows:	7

Sec. 2919.251.  (A) Subject to division (D) of this section,	8
a person who is charged with the commission of any offense of	9
violence shall appear before the court for the setting of bail if,	10
at the time of the offense, the alleged victim of the offense	11
charged was a family or household member at the time of the	12
offenseor has or had a sexual relationship that resulted in the	13
person being the natural parent of a child of whom the alleged	14
victim is the other natural parent and if any of the following	15
applies:	16

(1) The person charged, at the time of the alleged offense,	17
was subject to the terms of a protection order issued or consent	18
agreement approved pursuant to section 2919.26 or 3113.31 of the	19
Revised Code or.	20

(2) The person charged previously was convicted of or pleaded	21
guilty to aany of the following:	22

(a) A violation of section 2919.25 of the Revised Code or a;

23

(b) A violation of section 2919.27 of the Revised Code	24
involving a protection order or consent agreement of thatthe	25
type, adescribed in section 2919.26 or 3113.31 of the Revised	26
Code;	27

(c) A violation of an existing or former municipal ordinance	28
or law of this or any other state or the United States that is	29
substantially similar to either section, a2919.25 or 2919.27 of	30
the Revised Code;	31

(d) A violation of section 2909.06, 2909.07, 2911.12, or	32
2911.211 of the Revised Code if the victim of the violation was a	33
family or household member at the time of the violation a;	34

(e) A violation of an existing or former municipal ordinance	35
or law of this or any other state or the United States that is	36
substantially similar to any of thosethe sections described in	37
division (A)(2)(a) of this section if the victim of the violation	38
was a family or household member at the time of the commission of	39
the violation, or any;	40

(f) Any offense of violence if the victim of the offense was	41
a family or household member at the time of the offense;.	42

(2)(3) The arresting officer indicates in a police report or	43
other document accompanying the complaint any of the following:	44

(a) That the arresting officer observed on the alleged victim	45
objective manifestations of physical harm that the arresting	46
officer reasonably believes are a result of the alleged offense;	47

(b) That the arresting officer reasonably believes that the	48
person had on the person's person at the time of the alleged	49
offense a deadly weapon or dangerous ordnance;	50

(c) That the arresting officer reasonably believes that the	51
person presents a credible threat of serious physical harm to the	52
alleged victim or to any other person if released on bail before	53
trial.	54

(4) A domestic violence advocate or a domestic violence	55
specialist or similarly trained employee employed by a law	56
enforcement agency or the court submits a written document to the	57
court indicating any of the following:	58

(a) That the advocate or specialist has observed on the	59
alleged victim objective manifestations of physical harm that the	60
advocate or specialist reasonably believes are a result of the	61
alleged offense;	62

(b) That the advocate or specialist reasonably believes that	63
the person had on the person's person at the time of the alleged	64
offense a deadly weapon or dangerous ordnance;	65

(c) That the advocate or specialist reasonably believes that	66
the person presents a credible threat of serious physical harm to	67
the alleged victim or to any other person if released on bail	68
before trial.	69

(B) To the extent that information about any of the following	70
is available to the court, the court shall consider all of the	71
following, in addition to any other circumstances considered by	72
the court and notwithstanding any provisions to the contrary	73
contained in Criminal Rule 46, before setting bail for a person	74
who appears before the court pursuant to division (A) of this	75
section:	76

(1) Whether the person has a history of domestic violence or	77
a history of other violent acts;	78

(2) The mental health of the person;

79

(3) Whether the person has a history of violating the orders	80
of any court or governmental entity;	81

(4) Whether the person is potentially a threat to any other	82
person;	83

(5) Whether the person has access to deadly weapons or a	84
history of using deadly weapons;	85

(6) Whether the person has a history of abusing alcohol or	86
any controlled substance;	87

(7) The severity of the alleged violence that is the basis of	88
the offense, including but not limited to, the duration of the	89
alleged violent incident, and whether the alleged violent incident	90
involved serious physical injury, sexual assault, strangulation,	91
abuse during the alleged victim's pregnancy, abuse of pets, or	92
forcible entry to gain access to the alleged victim;	93

(8) Whether a separation of the person from the alleged	94
victim or a termination of the relationship between the person and	95
the alleged victim has recently occurred or is pending;	96

(9) Whether the person has exhibited obsessive or controlling	97
behaviors toward the alleged victim, including but not limited to,	98
stalking, surveillance, or isolation of the alleged victim;	99

(10) Whether the person has expressed suicidal or homicidal	100
ideations;	101

(11) Any information contained in the complaint and any	102
police reports, affidavits, or other documents accompanying the	103
complaint.	104

(C) Any court that has jurisdiction over charges alleging the	105
commission of an offense of violence in circumstances in which the	106
alleged victim of the offense was a family or household member at	107
the time of the offense may set a schedule for bail to be used in	108
cases involving those offenses. The schedule shall require that a	109
judge consider all of the factors listed in division (B) of this	110
section and may require judges to set bail at a certain level if	111
the history of the alleged offender or the circumstances of the	112
alleged offense meet certain criteria in the schedule.	113

(D)(1) Upon the court's own motion or the motion of a party	114
and upon any terms that the court may direct, a court may permit a	115
person who is required to appear before it by division (A) of this	116
section to appear by video conferencing equipment.	117

(2) If in the opinion of the court the appearance in person	118
or by video conferencing equipment of a person who is charged with	119
a misdemeanor and who is required to appear before the court by	120
division (A) of this section is not practicable, the court may	121
waive the appearance and release the person on bail in accordance	122
with the court's schedule for bail set under division (C) of this	123
section or, if the court has not set a schedule for bail under	124
that division, on one or both of the following types of bail in an	125
amount set by the court:	126

(a) A bail bond secured by a deposit of ten per cent of the	127
amount of the bond in cash;	128

(b) A surety bond, a bond secured by real estate or	129
securities as allowed by law, or the deposit of cash, at the	130
option of the person.	131

(3) Division (A) of this section does not create a right in a	132
person to appear before the court for the setting of bail or	133
prohibit a court from requiring any person charged with an offense	134
of violence who is not described in that division from appearing	135
before the court for the setting of bail.	136

(E) As used in this section:

137

(1) "Controlled substance" has the same meaning as in section	138
3719.01 of the Revised Code.	139

(2) "Dangerous ordnance" and "deadly weapon" have the same	140
meanings as in section 2923.11 of the Revised Code.	141

Section 2. That existing section 2919.251 of the Revised Code	142
is hereby repealed.	143