As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 471

Representative Setzer 

Cosponsors: Representatives Gibbs, Combs, Bacon, Domenick, Dyer, Evans, Flowers, Grady, Hughes, Letson, Schneider 

Senators Schaffer, Stivers, Turner, Seitz, Harris, Sawyer, Wilson 

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A BILL

To amend sections 313.05, 313.10, 313.16, 2743.191,

1

2903.214, and 2919.27 and to enact section

2

313.211 of the Revised Code to change certain

3

powers and duties of coroners, to specify that

4

certain records of a decedent relating to the

5

criminal investigation of the decedent's death

6

are not public records, to authorize the court to

7

require that certain persons who engage in

8

menacing by stalking and against whom a civil

9

order of protection is granted be electronically

10

monitored, and to authorize the court to require

11

that certain persons convicted of violating a

12

protection order that requires electronic

13

monitoring be electronically monitored.

14

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

Section 1. That sections 313.05, 313.10, 313.16, 2743.191,	15
2903.214, and 2919.27 be amended and section 313.211 of the	16
Revised Code be enacted to read as follows:	17

Sec. 313.05.  (A)(1) The coroner may appoint, in writing,	18
deputy coroners, who shall be licensed physicians of good standing	19
in their profession, one of whom may be designated as the chief	20
deputy coroner. The coroner also may appoint pathologists as	21
deputy coroners, who may perform autopsies, make pathological and	22
chemical examinations, and perform other duties as directed by the	23
coroner or recommended by the prosecuting attorney. The coroner	24
may appoint any necessary technicians.	25

The coroner may contract for the services of deputy coroners	26
to aid the coroner in the execution of the coroner's powers and	27
duties. Contracts for the services of deputy coroners are exempt	28
from any competitive bidding requirements of the Revised Code.	29

(2) The coroner may appoint, in writing, one or more	30
secretaries and an official stenographer, who shall record the	31
testimony of witnesses in attendance upon the coroner's inquest,	32
preserve and file properly indexed records of all official	33
reports, acts, and communications of the office, and perform other	34
services as required by the coroner.	35

(3) The coroner may appoint clerks, stenographers,	36
custodians, and investigators and shall define their duties.	37

(4) For the performance of their duties, deputy coroners,	38
pathologists serving as deputy coroners, and technicians,	39
stenographers, secretaries, clerks, custodians, and investigators	40
shall receive salaries fixed by the coroner and payable from the	41
county treasury upon the warrant of the county auditor. The	42
compensation shall not exceed, in the aggregate, the amount fixed	43
by the board of county commissioners for the coroner's office.	44

(B) A coroner may appoint, as a deputy coroner, as a	45
pathologist serving as a deputy coroner, or as a technician,	46
stenographer, secretary, clerk, custodian, investigator, or other	47
employee a person who is an associate of, or who is employed by,	48
the coroner or a deputy coroner in the private practice of	49
medicine in a partnership, professional association, or other	50
medical business arrangement. A coroner may appoint, as an	51
investigator, a deputy sheriff within the county or a law	52
enforcement officer of a political subdivision located within the	53
county.	54

Sec. 313.10.  (A)(1) Except as otherwise provided in this	55
section, the records of the coroner who has jurisdiction over the	56
case, including, but not limited to, the detailed descriptions of	57
the observations written during the progress of an autopsy and	58
the conclusions drawn from those observations filed in the office	59
of the coroner under division (A) of section 313.13 of the	60
Revised Code, made personally by the coroner or by anyone acting	61
under the coroner's direction or supervision, are public records.	62
Those records, or transcripts or photostatic copies of them,	63
certified by the coroner shall be received as evidence in any	64
criminal or civil action or proceeding in a court in this state,	65
as to the facts contained in those records. The coroner of the	66
county where the death was pronounced shall be responsible for	67
the release of all public records relating to that death.	68

(2) Except as otherwise provided in division (D) or (E) of	69
this section, the following records in a coroner's office are not	70
public records:	71

(a) Preliminary autopsy and investigative notes and findings	72
made by the coroner or by anyone acting under the coroner's	73
direction or supervision;	74

(b) Photographs of a decedent made by the coroner or by	75
anyone acting under the coroner's direction or supervision;	76

(c) Suicide notes;

77

(d) Medical and psychiatric records provided to the coroner,	78
a deputy coroner, or a representative of the coroner or a deputy	79
coroner under section 313.091 of the Revised Code;	80

(e) Records of a deceased individual that are confidential	81
law enforcement investigatory records as defined in section 149.43	82
of the Revised Code;	83

(f) Laboratory reports generated from the analysis of	84
physical evidence by the coroner's laboratory that is discoverable	85
under Criminal Rule 16.	86

(3) In the coroner's discretion, photographs of a decedent	87
may be used for medical, legal, or educational purposes.	88

(B) All records in the coroner's office that are public	89
records are open to inspection by the public, and any person may	90
receive a copy of any such record or part of it upon demand in	91
writing, accompanied by payment of a record retrieval and copying	92
fee, at the rate of twenty-five cents per page or a minimum fee	93
of one dollar.	94

(C)(1) The coroner shall provide a copy of the full and	95
complete records of the coroner with respect to a decedent to a	96
person who makes a written request as the next of kin of the	97
decedent. The following persons may make a request pursuant to	98
this division as the next of kin of a decedent:	99

(a) The surviving spouse of the decedent;

100

(b) If there is no surviving spouse, or if the surviving	101
spouse has died without having made a request pursuant to this	102
division, any child of the decedent over eighteen years of age,	103
with each child over eighteen years of age having an independent	104
right to make a request pursuant to this division;	105

(c) If there is no surviving spouse or child over eighteen	106
years of age, or if the surviving spouse and all children over	107
eighteen years of age have died without having made a request	108
pursuant to this division, the parents of the decedent, with each	109
parent having an independent right to make a request pursuant to	110
this division;	111

(d) If there is no surviving spouse, child over eighteen	112
years of age, or parents of the decedent, or if all have died	113
without having made a request pursuant to this division, the	114
brothers and sisters of the decedent, whether of the whole or the	115
half blood, with each having an independent right to make a	116
request pursuant to this division.	117

(2) If there is no surviving person who may make a written	118
request as next of kin for a copy of the full and complete records	119
of the coroner pursuant to division (C)(1) of this section, or if	120
all next of kin of the decedent have died without having made a	121
request pursuant to that division, the coroner shall provide a	122
copy of the full and complete records of the coroner with respect	123
to a decedent to the representative of the estate of the decedent	124
who is the subject of the records upon written request made by the	125
representative.	126

(D) A journalist may submit to the coroner a written request	127
to view preliminary autopsy and investigative notes and findings,	128
suicide notes, or photographs of the decedent made by the coroner	129
or by anyone acting under the coroner's discretion or	130
supervision. The request shall include the journalist's name and	131
title and the name and address of the journalist's employer and	132
state that the granting of the request would be in the best	133
interest of the public. If a journalist submits a written	134
request to the coroner to view the records described in this	135
division, the coroner shall grant the journalist's request. The	136
journalist shall not copy the preliminary autopsy and	137
investigative notes and findings, suicide notes, or photographs	138
of the decedent.	139

(E)(1) An insurer may submit to the coroner a written request	140
to obtain a copy of the full and complete records of the coroner	141
with respect to a deceased person. The request shall include the	142
name of the deceased person, the type of policy to which the	143
written request relates, and the name and address of the insurer.	144

(2) If an insurer submits a written request to the coroner to	145
obtain a copy of records pursuant to division (E)(1) of this	146
section, the coroner shall grant that request.	147

(3) Upon the granting of a written request to obtain a copy	148
of records by the coroner, the insurer may utilize the records for	149
the following purposes:	150

(a) To investigate any first party claim or third party claim	151
asserted under a policy of insurance issued by the insurer that	152
arises from the death of the deceased person;	153

(b) To determine coverage for any first party claim or third	154
party claim asserted under a policy of insurance issued by the	155
insurer that arises from the death of the deceased person;	156

(c) To determine the insurer's liability for any first party	157
claim or third party claim asserted under a policy of insurance	158
issued by the insurer that arises from the death of the deceased	159
person.	160

(4) Prior to the delivery of records that are the subject of	161
a request made pursuant to division (E)(1) of this section, the	162
coroner may require the insurer who submitted the written request	163
for the records to provide a payment to the coroner of a record	164
retrieval and copying fee at the rate of twenty-five cents per	165
page or a minimum fee of one dollar.	166

(5) Any records produced by the coroner in response to a	167
written request under division (E)(1) of this section shall remain	168
in the care, custody, and control of the insurer and its employees	169
or representatives at all times. The insurer may not release or	170
disclose the records to any other person unless any of the	171
following apply:	172

(a) The release of the records is reasonably necessary to	173
further a purpose described in division (E)(3) of this section.	174

(b) A court of competent jurisdiction orders the insurer to	175
produce the records.	176

(c) The insurer is required to produce the records in	177
response to a civil or criminal subpoena.	178

(d) The insurer is responding to a request for the records	179
from a law enforcement agency, the department of insurance or a	180
department of insurance from another state, or another	181
governmental authority.	182

(F) The coroner may contact the decedent's next of kin to	183
inform the next of kin that a journalist or an insurer has	184
submitted a written request pursuant to division (D) or (E) of	185
this section and whether the coroner has granted the journalist's	186
or the insurer's request.	187

(G) As used in this section:

188

(1) "Full and complete records of the coroner" includes, but	189
is not limited to, the following:	190

(a) The detailed descriptions of the observations written by	191
the coroner or by anyone acting under the coroner's direction or	192
supervision during the progress of an autopsy and the conclusions	193
drawn from those observations that are filed in the office of the	194
coroner under division (A) of section 313.13 of the Revised Code;	195

(b) Preliminary autopsy and investigative notes and findings	196
made by the coroner or by anyone acting under the coroner's	197
direction or supervision;	198

(c) Photographs of a decedent made by the coroner or by	199
anyone acting under the coroner's direction or supervision;	200

(d) Suicide notes;

201

(e) Medical and psychiatric records provided to the coroner,	202
a deputy coroner, or a representative of the coroner or a deputy	203
coroner under section 313.091 of the Revised Code;	204

(f) Records of a deceased individual that are confidential	205
law enforcement investigatory records as defined in section 149.43	206
of the Revised Code;	207

(g) Laboratory reports generated from the analysis of	208
physical evidence by the coroner's laboratory that is discoverable	209
under Criminal Rule 16.	210

(2) "Insurer" has the same meaning as in section 3901.07 of	211
the Revised Code.	212

(3) "Journalist" has the same meaning as in section 149.43 of	213
the Revised Code.	214

Sec. 313.16.  In counties where no coroner's laboratory has	215
been established or where the coroner's laboratory does not have	216
the equipment or personnel to follow the protocol established by	217
rule of the public health council adopted under section 313.122 of	218
the Revised Code, the coroner may request a coroner of a county in	219
which such a laboratory is established or that has a laboratory	220
able to follow the public health council's protocol to perform	221
necessary laboratory examinations, the cost of which shall be no	222
greater than the actual value of the services of technicians and	223
the materials used in performing such examination. Money derived	224
from the fees paid for these examinations shall be kept in a	225
special fund, for the use of the coroner's laboratory, from which	226
fund replacements can be made. Such funds shall be used to	227
purchase necessary supplies and equipment for the laboratory and	228
to pay any associated costs incurred in the administration of this	229
section at the coroner's discretion.	230

Sec. 313.211. The coroner may secure, catalog, record, and,	231
with the approval of the prosecuting attorney, destroy any	232
dangerous drugs found at the scene of an investigation the	233
coroner conducts, if the dangerous drugs are no longer needed for	234
investigative or scientific purposes.	235

Sec. 2743.191.  (A)(1) There is hereby created in the state	236
treasury the reparations fund, which shall be used only for the	237
following purposes:	238

(a) The payment of awards of reparations that are granted by	239
the attorney general;	240

(b) The compensation of any personnel needed by the attorney	241
general to administer sections 2743.51 to 2743.72 of the Revised	242
Code;	243

(c) The compensation of witnesses as provided in division (J)	244
of section 2743.65 of the Revised Code;	245

(d) Other administrative costs of hearing and determining	246
claims for an award of reparations by the attorney general;	247

(e) The costs of administering sections 2907.28 and 2969.01	248
to 2969.06 of the Revised Code;	249

(f) The costs of investigation and decision-making as	250
certified by the attorney general;	251

(g) The provision of state financial assistance to victim	252
assistance programs in accordance with sections 109.91 and 109.92	253
of the Revised Code;	254

(h) The costs of paying the expenses of sex offense-related	255
examinations and antibiotics pursuant to section 2907.28 of the	256
Revised Code;	257

(i) The cost of printing and distributing the pamphlet	258
prepared by the attorney general pursuant to section 109.42 of the	259
Revised Code;	260

(j) Subject to division (D) of section 2743.71 of the Revised	261
Code, the costs associated with the printing and providing of	262
information cards or other printed materials to law enforcement	263
agencies and prosecuting authorities and with publicizing the	264
availability of awards of reparations pursuant to section 2743.71	265
of the Revised Code;	266

(k) The payment of costs of administering a DNA specimen	267
collection procedure pursuant to sections 2152.74 and 2901.07 of	268
the Revised Code, of performing DNA analysis of those DNA	269
specimens, and of entering the resulting DNA records regarding	270
those analyses into the DNA database pursuant to section 109.573	271
of the Revised Code;	272

(l) The payment of actual costs associated with initiatives	273
by the attorney general for the apprehension, prosecution, and	274
accountability of offenders, and the enhancing of services to	275
crime victims. The amount of payments made pursuant to division	276
(A)(1)(l) of this section during any given fiscal year shall not	277
exceed five per cent of the balance of the reparations fund at the	278
close of the immediately previous fiscal year;	279

(m) The costs of administering the adult parole authority's	280
supervision pursuant to division (E) of section 2971.05 of the	281
Revised Code of sexually violent predators who are sentenced to a	282
prison term pursuant to division (A)(3) of section 2971.03 of the	283
Revised Code and of offenders who are sentenced to a prison term	284
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	285
(c), or (B)(3)(a), (b), (c), or (d) of that section;	286

(n) The costs of installation and monitoring of an electronic	287
monitoring device used in the monitoring of a respondent pursuant	288
to an electronic monitoring order issued by a court under division	289
(E)(1)(b) of section 2903.214 of the Revised Code if the court	290
determines that the respondent is indigent or in the monitoring of	291
an offender pursuant to an electronic monitoring order issued	292
under division (B)(5) of section 2919.27 of the Revised Code if	293
the court determines that the offender is indigent.	294

(2) All costs paid pursuant to section 2743.70 of the Revised	295
Code, the portions of license reinstatement fees mandated by	296
division (F)(2)(b) of section 4511.191 of the Revised Code to be	297
credited to the fund, the portions of the proceeds of the sale of	298
a forfeited vehicle specified in division (C)(2) of section	299
4503.234 of the Revised Code, payments collected by the department	300
of rehabilitation and correction from prisoners who voluntarily	301
participate in an approved work and training program pursuant to	302
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	303
all moneys collected by the state pursuant to its right of	304
subrogation provided in section 2743.72 of the Revised Code shall	305
be deposited in the fund.	306

(B) In making an award of reparations, the attorney general	307
shall render the award against the state. The award shall be	308
accomplished only through the following procedure, and the	309
following procedure may be enforced by writ of mandamus directed	310
to the appropriate official:	311

(1) The attorney general shall provide for payment of the	312
claimant or providers in the amount of the award only if the	313
amount of the award is fifty dollars or more.	314

(2) The expense shall be charged against all available	315
unencumbered moneys in the fund.	316

(3) If sufficient unencumbered moneys do not exist in the	317
fund, the attorney general shall make application for payment of	318
the award out of the emergency purposes account or any other	319
appropriation for emergencies or contingencies, and payment out of	320
this account or other appropriation shall be authorized if there	321
are sufficient moneys greater than the sum total of then pending	322
emergency purposes account requests or requests for releases from	323
the other appropriations.	324

(4) If sufficient moneys do not exist in the account or any	325
other appropriation for emergencies or contingencies to pay the	326
award, the attorney general shall request the general assembly to	327
make an appropriation sufficient to pay the award, and no payment	328
shall be made until the appropriation has been made. The attorney	329
general shall make this appropriation request during the current	330
biennium and during each succeeding biennium until a sufficient	331
appropriation is made. If, prior to the time that an appropriation	332
is made by the general assembly pursuant to this division, the	333
fund has sufficient unencumbered funds to pay the award or part of	334
the award, the available funds shall be used to pay the award or	335
part of the award, and the appropriation request shall be amended	336
to request only sufficient funds to pay that part of the award	337
that is unpaid.	338

(C) The attorney general shall not make payment on a decision	339
or order granting an award until all appeals have been determined	340
and all rights to appeal exhausted, except as otherwise provided	341
in this section. If any party to a claim for an award of	342
reparations appeals from only a portion of an award, and a	343
remaining portion provides for the payment of money by the state,	344
that part of the award calling for the payment of money by the	345
state and not a subject of the appeal shall be processed for	346
payment as described in this section.	347

(D) The attorney general shall prepare itemized bills for the	348
costs of printing and distributing the pamphlet the attorney	349
general prepares pursuant to section 109.42 of the Revised Code.	350
The itemized bills shall set forth the name and address of the	351
persons owed the amounts set forth in them.	352

(E) As used in this section, "DNA analysis" and "DNA	353
specimen" have the same meanings as in section 109.573 of the	354
Revised Code.	355

Sec. 2903.214.  (A) As used in this section:

356

(1) "Court" means the court of common pleas of the county in	357
which the person to be protected by the protection order resides.	358

(2) "Victim advocate" means a person who provides support and	359
assistance for a person who files a petition under this section.	360

(3) "Family or household member" has the same meaning as in	361
section 3113.31 of the Revised Code.	362

(4) "Protection order issued by a court of another state" has	363
the same meaning as in section 2919.27 of the Revised Code.	364

(5) "Sexually oriented offense" has the same meaning as in	365
section 2950.01 of the Revised Code.	366

(6) "Electronic monitoring" has the same meaning as in	367
section 2929.01 of the Revised Code.	368

(B) The court has jurisdiction over all proceedings under	369
this section.	370

(C) A person may seek relief under this section for the	371
person, or any parent or adult household member may seek relief	372
under this section on behalf of any other family or household	373
member, by filing a petition with the court. The petition shall	374
contain or state bothall of the following:	375

(1) An allegation that the respondent engaged in a violation	376
of section 2903.211 of the Revised Code against the person to be	377
protected by the protection order or committed a sexually oriented	378
offense against the person to be protected by the protection	379
order, including a description of the nature and extent of the	380
violation;	381

(2) If the petitioner seeks relief in the form of electronic	382
monitoring of the respondent, an allegation that at any time	383
preceding the filing of the petition the respondent engaged in	384
conduct that would cause a reasonable person to believe that the	385
health, welfare, or safety of the person to be protected was at	386
risk, a description of the nature and extent of that conduct, and	387
an allegation that the respondent presents a continuing danger to	388
the person to be protected;	389

(3) A request for relief under this section.

390

(D)(1) If a person who files a petition pursuant to this	391
section requests an ex parte order, the court shall hold an ex	392
parte hearing as soon as possible after the petition is filed, but	393
not later than the next day that the court is in session after the	394
petition is filed. The court, for good cause shown at the ex	395
parte hearing, may enter any temporary orders, with or without	396
bond, that the court finds necessary for the safety and protection	397
of the person to be protected by the order. Immediate and present	398
danger to the person to be protected by the protection order	399
constitutes good cause for purposes of this section. Immediate and	400
present danger includes, but is not limited to, situations in	401
which the respondent has threatened the person to be protected by	402
the protection order with bodily harm or in which the respondent	403
previously has been convicted of or pleaded guilty to a violation	404
of section 2903.211 of the Revised Code or a sexually oriented	405
offense against the person to be protected by the protection	406
order.	407

(2)(a) If the court, after an ex parte hearing, issues a	408
protection order described in division (E) of this section, the	409
court shall schedule a full hearing for a date that is within ten	410
court days after the ex parte hearing. The court shall give the	411
respondent notice of, and an opportunity to be heard at, the full	412
hearing. The court shall hold the full hearing on the date	413
scheduled under this division unless the court grants a	414
continuance of the hearing in accordance with this division. Under	415
any of the following circumstances or for any of the following	416
reasons, the court may grant a continuance of the full hearing to	417
a reasonable time determined by the court:	418

(i) Prior to the date scheduled for the full hearing under	419
this division, the respondent has not been served with the	420
petition filed pursuant to this section and notice of the full	421
hearing.	422

(ii) The parties consent to the continuance.

423

(iii) The continuance is needed to allow a party to obtain	424
counsel.	425

(iv) The continuance is needed for other good cause.

426

(b) An ex parte order issued under this section does not	427
expire because of a failure to serve notice of the full hearing	428
upon the respondent before the date set for the full hearing under	429
division (D)(2)(a) of this section or because the court grants a	430
continuance under that division.	431

(3) If a person who files a petition pursuant to this section	432
does not request an ex parte order, or if a person requests an ex	433
parte order but the court does not issue an ex parte order after	434
an ex parte hearing, the court shall proceed as in a normal civil	435
action and grant a full hearing on the matter.	436

(E)(1)(a) After an ex parte or full hearing, the court may	437
issue any protection order, with or without bond, that contains	438
terms designed to ensure the safety and protection of the person	439
to be protected by the protection order, including, but not	440
limited to, a requirement that the respondent refrain from	441
entering the residence, school, business, or place of employment	442
of the petitioner or family or household member. If the court	443
includes a requirement that the respondent refrain from entering	444
the residence, school, business, or place of employment of the	445
petitioner or family or household member in the order, it also	446
shall include in the order provisions of the type described in	447
division (E)(5) of this section.	448

(b) After a full hearing, if the court considering a petition	449
that includes an allegation of the type described in division	450
(C)(2) of this section, or the court upon its own motion, finds	451
upon clear and convincing evidence that the petitioner reasonably	452
believed that the respondent's conduct at any time preceding the	453
filing of the petition endangered the health, welfare, or safety	454
of the person to be protected and that the respondent presents a	455
continuing danger to the person to be protected, the court may	456
order that the respondent be electronically monitored for a period	457
of time and under the terms and conditions that the court	458
determines are appropriate. Electronic monitoring shall be in	459
addition to any other relief granted to the petitioner.	460

(2)(a) Any protection order issued pursuant to this section	461
shall be valid until a date certain but not later than five years	462
from the date of its issuance.	463

(b) Any protection order issued pursuant to this section may	464
be renewed in the same manner as the original order was issued.	465

(3) A court may not issue a protection order that requires a	466
petitioner to do or to refrain from doing an act that the court	467
may require a respondent to do or to refrain from doing under	468
division (E)(1) of this section unless all of the following apply:	469

(a) The respondent files a separate petition for a protection	470
order in accordance with this section.	471

(b) The petitioner is served with notice of the respondent's	472
petition at least forty-eight hours before the court holds a	473
hearing with respect to the respondent's petition, or the	474
petitioner waives the right to receive this notice.	475

(c) If the petitioner has requested an ex parte order	476
pursuant to division (D) of this section, the court does not delay	477
any hearing required by that division beyond the time specified in	478
that division in order to consolidate the hearing with a hearing	479
on the petition filed by the respondent.	480

(d) After a full hearing at which the respondent presents	481
evidence in support of the request for a protection order and the	482
petitioner is afforded an opportunity to defend against that	483
evidence, the court determines that the petitioner has committed a	484
violation of section 2903.211 of the Revised Code against the	485
person to be protected by the protection order issued pursuant to	486
this section, has committed a sexually oriented offense against	487
the person to be protected by the protection order, or has	488
violated a protection order issued pursuant to section 2903.213 of	489
the Revised Code relative to the person to be protected by the	490
protection order issued pursuant to this section.	491

(4) No protection order issued pursuant to this section shall	492
in any manner affect title to any real property.	493

(5)(a) If the court issues a protection order under this	494
section that includes a requirement that the alleged offender	495
refrain from entering the residence, school, business, or place of	496
employment of the petitioner or a family or household member, the	497
order shall clearly state that the order cannot be waived or	498
nullified by an invitation to the alleged offender from the	499
complainant to enter the residence, school, business, or place of	500
employment or by the alleged offender's entry into one of those	501
places otherwise upon the consent of the petitioner or family or	502
household member.	503

(b) Division (E)(5)(a) of this section does not limit any	504
discretion of a court to determine that an alleged offender	505
charged with a violation of section 2919.27 of the Revised Code,	506
with a violation of a municipal ordinance substantially equivalent	507
to that section, or with contempt of court, which charge is based	508
on an alleged violation of a protection order issued under this	509
section, did not commit the violation or was not in contempt of	510
court.	511

(F)(1) The court shall cause the delivery of a copy of any	512
protection order that is issued under this section to the	513
petitioner, to the respondent, and to all law enforcement agencies	514
that have jurisdiction to enforce the order. The court shall	515
direct that a copy of the order be delivered to the respondent on	516
the same day that the order is entered.	517

(2) Upon the issuance of a protection order under this	518
section, the court shall provide the parties to the order with the	519
following notice orally or by form:	520

"NOTICE	521

As a result of this order, it may be unlawful for you to	522
possess or purchase a firearm, including a rifle, pistol, or	523
revolver, or ammunition pursuant to federal law under 18 U.S.C.	524
922(g)(8). If you have any questions whether this law makes it	525
illegal for you to possess or purchase a firearm or ammunition,	526
you should consult an attorney."	527

(3) All law enforcement agencies shall establish and maintain	528
an index for the protection orders delivered to the agencies	529
pursuant to division (F)(1) of this section. With respect to each	530
order delivered, each agency shall note on the index the date and	531
time that it received the order.	532

(4) Regardless of whether the petitioner has registered the	533
protection order in the county in which the officer's agency has	534
jurisdiction pursuant to division (M) of this section, any	535
officer of a law enforcement agency shall enforce a protection	536
order issued pursuant to this section by any court in this state	537
in accordance with the provisions of the order, including removing	538
the respondent from the premises, if appropriate.	539

(G) Any proceeding under this section shall be conducted in	540
accordance with the Rules of Civil Procedure, except that a	541
protection order may be obtained under this section with or	542
without bond. An order issued under this section, other than an	543
ex parte order, that grants a protection order, or that refuses to	544
grant a protection order, is a final, appealable order. The	545
remedies and procedures provided in this section are in addition	546
to, and not in lieu of, any other available civil or criminal	547
remedies.	548

(H) The filing of proceedings under this section does not	549
excuse a person from filing any report or giving any notice	550
required by section 2151.421 of the Revised Code or by any other	551
law.	552

(I) Any law enforcement agency that investigates an alleged	553
violation of section 2903.211 of the Revised Code or an alleged	554
commission of a sexually oriented offense shall provide	555
information to the victim and the family or household members of	556
the victim regarding the relief available under this section and	557
section 2903.213 of the Revised Code.	558

(J) Notwithstanding any provision of law to the contrary and	559
regardless of whether a protection order is issued or a consent	560
agreement is approved by a court of another county or by a court	561
of another state, no court or unit of state or local government	562
shall charge any fee, cost, deposit, or money in connection with	563
the filing of a petition pursuant to this section, in connection	564
with the filing, issuance, registration, or service of a	565
protection order or consent agreement, or for obtaining a	566
certified copy of a protection order or consent agreement.	567

(K)(1) A person who violates a protection order issued under	568
this section is subject to the following sanctions:	569

(a) Criminal prosecution for a violation of section 2919.27	570
of the Revised Code, if the violation of the protection order	571
constitutes a violation of that section;	572

(b) Punishment for contempt of court.

573

(2) The punishment of a person for contempt of court for	574
violation of a protection order issued under this section does not	575
bar criminal prosecution of the person for a violation of section	576
2919.27 of the Revised Code. However, a person punished for	577
contempt of court is entitled to credit for the punishment imposed	578
upon conviction of a violation of that section, and a person	579
convicted of a violation of that section shall not subsequently be	580
punished for contempt of court arising out of the same activity.	581

(L) In all stages of a proceeding under this section, a	582
petitioner may be accompanied by a victim advocate.	583

(M)(1) A petitioner who obtains a protection order under this	584
section or a protection order under section 2903.213 of the	585
Revised Code may provide notice of the issuance or approval of the	586
order to the judicial and law enforcement officials in any county	587
other than the county in which the order is issued by registering	588
that order in the other county pursuant to division (M)(2) of this	589
section and filing a copy of the registered order with a law	590
enforcement agency in the other county in accordance with that	591
division. A person who obtains a protection order issued by a	592
court of another state may provide notice of the issuance of the	593
order to the judicial and law enforcement officials in any county	594
of this state by registering the order in that county pursuant to	595
section 2919.272 of the Revised Code and filing a copy of the	596
registered order with a law enforcement agency in that county.	597

(2) A petitioner may register a protection order issued	598
pursuant to this section or section 2903.213 of the Revised Code	599
in a county other than the county in which the court that issued	600
the order is located in the following manner:	601

(a) The petitioner shall obtain a certified copy of the order	602
from the clerk of the court that issued the order and present that	603
certified copy to the clerk of the court of common pleas or the	604
clerk of a municipal court or county court in the county in which	605
the order is to be registered.	606

(b) Upon accepting the certified copy of the order for	607
registration, the clerk of the court of common pleas, municipal	608
court, or county court shall place an endorsement of registration	609
on the order and give the petitioner a copy of the order that	610
bears that proof of registration.	611

(3) The clerk of each court of common pleas, municipal court,	612
or county court shall maintain a registry of certified copies of	613
protection orders that have been issued by courts in other	614
counties pursuant to this section or section 2903.213 of the	615
Revised Code and that have been registered with the clerk.	616

(N) If the court orders electronic monitoring of the	617
respondent under this section, the court shall direct the	618
sheriff's office or any other appropriate law enforcement agency	619
to install the electronic monitoring device and to monitor the	620
respondent. Unless the court determines that the respondent is	621
indigent, the court shall order the respondent to pay the cost of	622
the installation and monitoring of the electronic monitoring	623
device. If the court determines that the respondent is indigent,	624
the cost of the installation and monitoring of the electronic	625
monitoring device shall be paid out of funds from the reparations	626
fund created pursuant to section 2743.191 of the Revised Code.	627

Sec. 2919.27.  (A) No person shall recklessly violate the	628
terms of any of the following:	629

(1) A protection order issued or consent agreement approved	630
pursuant to section 2919.26 or 3113.31 of the Revised Code;	631

(2) A protection order issued pursuant to section 2903.213 or	632
2903.214 of the Revised Code;	633

(3) A protection order issued by a court of another state.

634

(B)(1) Whoever violates this section is guilty of violating a	635
protection order.	636

(2) Except as otherwise provided in division (B)(3) or (4) of	637
this section, violating a protection order is a misdemeanor of the	638
first degree.	639

(3) If the offender previously has been convicted of or	640
pleaded guilty to a violation of a protection order issued	641
pursuant to section 2903.213 or 2903.214 of the Revised Code, two	642
or more violations of section 2903.21, 2903.211, 2903.22, or	643
2911.211 of the Revised Code that involved the same person who is	644
the subject of the protection order or consent agreement, or one	645
or more violations of this section, violating a protection order	646
is a felony of the fifth degree.	647

(4) If the offender violates a protection order or consent	648
agreement while committing a felony offense, violating a	649
protection order is a felony of the third degree.	650

(5) If the protection order violated by the offender was an	651
order issued pursuant to section 2903.214 of the Revised Code	652
that required electronic monitoring of the offender pursuant to	653
that section, the court may require in addition to any other	654
sentence imposed upon the offender that the offender be	655
electronically monitored for a period not exceeding five years by	656
a law enforcement agency designated by the court. If the court	657
requires under this division that the offender be electronically	658
monitored, unless the court determines that the offender is	659
indigent, the court shall order that the offender pay the costs	660
of the installation of the electronic monitoring device and the	661
cost of monitoring the electronic monitoring device. If the court	662
determines that the offender is indigent, the costs of the	663
installation of the electronic monitoring device and the cost of	664
monitoring the electronic monitoring device shall be paid out of	665
funds from the reparations fund created pursuant to section	666
2743.191 of the Revised Code.	667

(C) It is an affirmative defense to a charge under division	668
(A)(3) of this section that the protection order issued by a court	669
of another state does not comply with the requirements specified	670
in 18 U.S.C. 2265(b) for a protection order that must be accorded	671
full faith and credit by a court of this state or that it is not	672
entitled to full faith and credit under 18 U.S.C. 2265(c).	673

(D) As used in this section, "protection order issued by a	674
court of another state" means an injunction or another order	675
issued by a criminal court of another state for the purpose of	676
preventing violent or threatening acts or harassment against,	677
contact or communication with, or physical proximity to another	678
person, including a temporary order, and means an injunction or	679
order of that nature issued by a civil court of another state,	680
including a temporary order and a final order issued in an	681
independent action or as a pendente lite order in a proceeding for	682
other relief, if the court issued it in response to a complaint,	683
petition, or motion filed by or on behalf of a person seeking	684
protection. "Protection order issued by a court of another state"	685
does not include an order for support or for custody of a child	686
issued pursuant to the divorce and child custody laws of another	687
state, except to the extent that the order for support or for	688
custody of a child is entitled to full faith and credit under the	689
laws of the United States.	690

Section 2. That existing sections 313.05, 313.10, 313.16,	691
2743.191, 2903.214, and 2919.27 of the Revised Code are hereby	692
repealed.	693