As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 244

Senator Sawyer 

Cosponsors: Senators Mason, Kearney, Cates, Coughlin, Goodman, Schuler, Stivers, Fedor 

---

A BILL

To amend sections 2743.191, 2903.214, and 2919.27 of

1

the Revised Code to authorize the court to

2

require that certain persons who engage in

3

menacing by stalking and against whom a civil

4

order of protection is granted be electronically

5

monitored and to authorize the court to require

6

that certain persons convicted of violating a

7

protection order that requires electronic

8

monitoring be electronically monitored.

9

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

Section 1. That sections 2743.191, 2903.214, and 2919.27 of	10
the Revised Code be amended to read as follows:	11

Sec. 2743.191.  (A)(1) There is hereby created in the state	12
treasury the reparations fund, which shall be used only for the	13
following purposes:	14

(a) The payment of awards of reparations that are granted by	15
the attorney general;	16

(b) The compensation of any personnel needed by the attorney	17
general to administer sections 2743.51 to 2743.72 of the Revised	18
Code;	19

(c) The compensation of witnesses as provided in division (J)	20
of section 2743.65 of the Revised Code;	21

(d) Other administrative costs of hearing and determining	22
claims for an award of reparations by the attorney general;	23

(e) The costs of administering sections 2907.28 and 2969.01	24
to 2969.06 of the Revised Code;	25

(f) The costs of investigation and decision-making as	26
certified by the attorney general;	27

(g) The provision of state financial assistance to victim	28
assistance programs in accordance with sections 109.91 and 109.92	29
of the Revised Code;	30

(h) The costs of paying the expenses of sex offense-related	31
examinations and antibiotics pursuant to section 2907.28 of the	32
Revised Code;	33

(i) The cost of printing and distributing the pamphlet	34
prepared by the attorney general pursuant to section 109.42 of the	35
Revised Code;	36

(j) Subject to division (D) of section 2743.71 of the Revised	37
Code, the costs associated with the printing and providing of	38
information cards or other printed materials to law enforcement	39
agencies and prosecuting authorities and with publicizing the	40
availability of awards of reparations pursuant to section 2743.71	41
of the Revised Code;	42

(k) The payment of costs of administering a DNA specimen	43
collection procedure pursuant to sections 2152.74 and 2901.07 of	44
the Revised Code, of performing DNA analysis of those DNA	45
specimens, and of entering the resulting DNA records regarding	46
those analyses into the DNA database pursuant to section 109.573	47
of the Revised Code;	48

(l) The payment of actual costs associated with initiatives	49
by the attorney general for the apprehension, prosecution, and	50
accountability of offenders, and the enhancing of services to	51
crime victims. The amount of payments made pursuant to division	52
(A)(1)(l) of this section during any given fiscal year shall not	53
exceed five per cent of the balance of the reparations fund at the	54
close of the immediately previous fiscal year;	55

(m) The costs of administering the adult parole authority's	56
supervision pursuant to division (E) of section 2971.05 of the	57
Revised Code of sexually violent predators who are sentenced to a	58
prison term pursuant to division (A)(3) of section 2971.03 of the	59
Revised Code and of offenders who are sentenced to a prison term	60
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	61
(c), or (B)(3)(a), (b), (c), or (d) of that section;	62

(n) The costs of installation and monitoring of an electronic	63
monitoring device used in the monitoring of a respondent pursuant	64
to an electronic monitoring order issued by a court under division	65
(E)(1)(b) of section 2903.214 of the Revised Code if the court	66
determines that the respondent is indigent or in the monitoring of	67
an offender pursuant to an electronic monitoring order issued	68
under division (B)(5) of section 2919.27 of the Revised Code if	69
the court determines that the offender is indigent.	70

(2) All costs paid pursuant to section 2743.70 of the Revised	71
Code, the portions of license reinstatement fees mandated by	72
division (F)(2)(b) of section 4511.191 of the Revised Code to be	73
credited to the fund, the portions of the proceeds of the sale of	74
a forfeited vehicle specified in division (C)(2) of section	75
4503.234 of the Revised Code, payments collected by the department	76
of rehabilitation and correction from prisoners who voluntarily	77
participate in an approved work and training program pursuant to	78
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	79
all moneys collected by the state pursuant to its right of	80
subrogation provided in section 2743.72 of the Revised Code shall	81
be deposited in the fund.	82

(B) In making an award of reparations, the attorney general	83
shall render the award against the state. The award shall be	84
accomplished only through the following procedure, and the	85
following procedure may be enforced by writ of mandamus directed	86
to the appropriate official:	87

(1) The attorney general shall provide for payment of the	88
claimant or providers in the amount of the award only if the	89
amount of the award is fifty dollars or more.	90

(2) The expense shall be charged against all available	91
unencumbered moneys in the fund.	92

(3) If sufficient unencumbered moneys do not exist in the	93
fund, the attorney general shall make application for payment of	94
the award out of the emergency purposes account or any other	95
appropriation for emergencies or contingencies, and payment out of	96
this account or other appropriation shall be authorized if there	97
are sufficient moneys greater than the sum total of then pending	98
emergency purposes account requests or requests for releases from	99
the other appropriations.	100

(4) If sufficient moneys do not exist in the account or any	101
other appropriation for emergencies or contingencies to pay the	102
award, the attorney general shall request the general assembly to	103
make an appropriation sufficient to pay the award, and no payment	104
shall be made until the appropriation has been made. The attorney	105
general shall make this appropriation request during the current	106
biennium and during each succeeding biennium until a sufficient	107
appropriation is made. If, prior to the time that an appropriation	108
is made by the general assembly pursuant to this division, the	109
fund has sufficient unencumbered funds to pay the award or part of	110
the award, the available funds shall be used to pay the award or	111
part of the award, and the appropriation request shall be amended	112
to request only sufficient funds to pay that part of the award	113
that is unpaid.	114

(C) The attorney general shall not make payment on a decision	115
or order granting an award until all appeals have been determined	116
and all rights to appeal exhausted, except as otherwise provided	117
in this section. If any party to a claim for an award of	118
reparations appeals from only a portion of an award, and a	119
remaining portion provides for the payment of money by the state,	120
that part of the award calling for the payment of money by the	121
state and not a subject of the appeal shall be processed for	122
payment as described in this section.	123

(D) The attorney general shall prepare itemized bills for the	124
costs of printing and distributing the pamphlet the attorney	125
general prepares pursuant to section 109.42 of the Revised Code.	126
The itemized bills shall set forth the name and address of the	127
persons owed the amounts set forth in them.	128

(E) As used in this section, "DNA analysis" and "DNA	129
specimen" have the same meanings as in section 109.573 of the	130
Revised Code.	131

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

132

(1) "Court" means the court of common pleas of the county in	133
which the person to be protected by the protection order resides.	134

(2) "Victim advocate" means a person who provides support and	135
assistance for a person who files a petition under this section.	136

(3) "Family or household member" has the same meaning as in	137
section 3113.31 of the Revised Code.	138

(4) "Protection order issued by a court of another state" has	139
the same meaning as in section 2919.27 of the Revised Code.	140

(5) "Sexually oriented offense" has the same meaning as in	141
section 2950.01 of the Revised Code.	142

(6) "Electronic monitoring" has the same meaning as in	143
section 2929.01 of the Revised Code.	144

(B) The court has jurisdiction over all proceedings under	145
this section.	146

(C) A person may seek relief under this section for the	147
person, or any parent or adult household member may seek relief	148
under this section on behalf of any other family or household	149
member, by filing a petition with the court. The petition shall	150
contain or state bothall of the following:	151

(1) An allegation that the respondent engaged in a violation	152
of section 2903.211 of the Revised Code against the person to be	153
protected by the protection order or committed a sexually oriented	154
offense against the person to be protected by the protection	155
order, including a description of the nature and extent of the	156
violation;	157

(2) If the petitioner seeks relief in the form of electronic	158
monitoring of the respondent, an allegation that at any time	159
preceding the filing of the petition the respondent engaged in	160
conduct that would cause a reasonable person to believe that the	161
health, welfare, or safety of the person to be protected was at	162
risk, a description of the nature and extent of that conduct, and	163
an allegation that the respondent presents a continuing danger to	164
the person to be protected;	165

(3) A request for relief under this section.

166

(D)(1) If a person who files a petition pursuant to this	167
section requests an ex parte order, the court shall hold an ex	168
parte hearing as soon as possible after the petition is filed, but	169
not later than the next day that the court is in session after the	170
petition is filed. The court, for good cause shown at the ex	171
parte hearing, may enter any temporary orders, with or without	172
bond, that the court finds necessary for the safety and protection	173
of the person to be protected by the order. Immediate and present	174
danger to the person to be protected by the protection order	175
constitutes good cause for purposes of this section. Immediate and	176
present danger includes, but is not limited to, situations in	177
which the respondent has threatened the person to be protected by	178
the protection order with bodily harm or in which the respondent	179
previously has been convicted of or pleaded guilty to a violation	180
of section 2903.211 of the Revised Code or a sexually oriented	181
offense against the person to be protected by the protection	182
order.	183

(2)(a) If the court, after an ex parte hearing, issues a	184
protection order described in division (E) of this section, the	185
court shall schedule a full hearing for a date that is within ten	186
court days after the ex parte hearing. The court shall give the	187
respondent notice of, and an opportunity to be heard at, the full	188
hearing. The court shall hold the full hearing on the date	189
scheduled under this division unless the court grants a	190
continuance of the hearing in accordance with this division. Under	191
any of the following circumstances or for any of the following	192
reasons, the court may grant a continuance of the full hearing to	193
a reasonable time determined by the court:	194

(i) Prior to the date scheduled for the full hearing under	195
this division, the respondent has not been served with the	196
petition filed pursuant to this section and notice of the full	197
hearing.	198

(ii) The parties consent to the continuance.

199

(iii) The continuance is needed to allow a party to obtain	200
counsel.	201

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

202

(b) An ex parte order issued under this section does not	203
expire because of a failure to serve notice of the full hearing	204
upon the respondent before the date set for the full hearing under	205
division (D)(2)(a) of this section or because the court grants a	206
continuance under that division.	207

(3) If a person who files a petition pursuant to this section	208
does not request an ex parte order, or if a person requests an ex	209
parte order but the court does not issue an ex parte order after	210
an ex parte hearing, the court shall proceed as in a normal civil	211
action and grant a full hearing on the matter.	212

(E)(1)(a) After an ex parte or full hearing, the court may	213
issue any protection order, with or without bond, that contains	214
terms designed to ensure the safety and protection of the person	215
to be protected by the protection order, including, but not	216
limited to, a requirement that the respondent refrain from	217
entering the residence, school, business, or place of employment	218
of the petitioner or family or household member. If the court	219
includes a requirement that the respondent refrain from entering	220
the residence, school, business, or place of employment of the	221
petitioner or family or household member in the order, it also	222
shall include in the order provisions of the type described in	223
division (E)(5) of this section.	224

(b) After a full hearing, if the court considering a petition	225
that includes an allegation of the type described in division	226
(C)(2) of this section, or the court upon its own motion, finds	227
upon clear and convincing evidence that the petitioner reasonably	228
believed that the respondent's conduct at any time preceding the	229
filing of the petition endangered the health, welfare, or safety	230
of the person to be protected and that the respondent presents a	231
continuing danger to the person to be protected, the court may	232
order that the respondent be electronically monitored for a period	233
of time and under the terms and conditions that the court	234
determines are appropriate. Electronic monitoring shall be in	235
addition to any other relief granted to the petitioner.	236

(2)(a) Any protection order issued pursuant to this section	237
shall be valid until a date certain but not later than five years	238
from the date of its issuance.	239

(b) Any protection order issued pursuant to this section may	240
be renewed in the same manner as the original order was issued.	241

(3) A court may not issue a protection order that requires a	242
petitioner to do or to refrain from doing an act that the court	243
may require a respondent to do or to refrain from doing under	244
division (E)(1) of this section unless all of the following apply:	245

(a) The respondent files a separate petition for a protection	246
order in accordance with this section.	247

(b) The petitioner is served with notice of the respondent's	248
petition at least forty-eight hours before the court holds a	249
hearing with respect to the respondent's petition, or the	250
petitioner waives the right to receive this notice.	251

(c) If the petitioner has requested an ex parte order	252
pursuant to division (D) of this section, the court does not delay	253
any hearing required by that division beyond the time specified in	254
that division in order to consolidate the hearing with a hearing	255
on the petition filed by the respondent.	256

(d) After a full hearing at which the respondent presents	257
evidence in support of the request for a protection order and the	258
petitioner is afforded an opportunity to defend against that	259
evidence, the court determines that the petitioner has committed a	260
violation of section 2903.211 of the Revised Code against the	261
person to be protected by the protection order issued pursuant to	262
this section, has committed a sexually oriented offense against	263
the person to be protected by the protection order, or has	264
violated a protection order issued pursuant to section 2903.213 of	265
the Revised Code relative to the person to be protected by the	266
protection order issued pursuant to this section.	267

(4) No protection order issued pursuant to this section shall	268
in any manner affect title to any real property.	269

(5)(a) If the court issues a protection order under this	270
section that includes a requirement that the alleged offender	271
refrain from entering the residence, school, business, or place of	272
employment of the petitioner or a family or household member, the	273
order shall clearly state that the order cannot be waived or	274
nullified by an invitation to the alleged offender from the	275
complainant to enter the residence, school, business, or place of	276
employment or by the alleged offender's entry into one of those	277
places otherwise upon the consent of the petitioner or family or	278
household member.	279

(b) Division (E)(5)(a) of this section does not limit any	280
discretion of a court to determine that an alleged offender	281
charged with a violation of section 2919.27 of the Revised Code,	282
with a violation of a municipal ordinance substantially equivalent	283
to that section, or with contempt of court, which charge is based	284
on an alleged violation of a protection order issued under this	285
section, did not commit the violation or was not in contempt of	286
court.	287

(F)(1) The court shall cause the delivery of a copy of any	288
protection order that is issued under this section to the	289
petitioner, to the respondent, and to all law enforcement agencies	290
that have jurisdiction to enforce the order. The court shall	291
direct that a copy of the order be delivered to the respondent on	292
the same day that the order is entered.	293

(2) All law enforcement agencies shall establish and maintain	294
an index for the protection orders delivered to the agencies	295
pursuant to division (F)(1) of this section. With respect to each	296
order delivered, each agency shall note on the index the date and	297
time that it received the order.	298

(3) Regardless of whether the petitioner has registered the	299
protection order in the county in which the officer's agency has	300
jurisdiction pursuant to division (M) of this section, any officer	301
of a law enforcement agency shall enforce a protection order	302
issued pursuant to this section by any court in this state in	303
accordance with the provisions of the order, including removing	304
the respondent from the premises, if appropriate.	305

(G) Any proceeding under this section shall be conducted in	306
accordance with the Rules of Civil Procedure, except that a	307
protection order may be obtained under this section with or	308
without bond. An order issued under this section, other than an	309
ex parte order, that grants a protection order, or that refuses to	310
grant a protection order, is a final, appealable order. The	311
remedies and procedures provided in this section are in addition	312
to, and not in lieu of, any other available civil or criminal	313
remedies.	314

(H) The filing of proceedings under this section does not	315
excuse a person from filing any report or giving any notice	316
required by section 2151.421 of the Revised Code or by any other	317
law.	318

(I) Any law enforcement agency that investigates an alleged	319
violation of section 2903.211 of the Revised Code or an alleged	320
commission of a sexually oriented offense shall provide	321
information to the victim and the family or household members of	322
the victim regarding the relief available under this section and	323
section 2903.213 of the Revised Code.	324

(J) Notwithstanding any provision of law to the contrary and	325
regardless of whether a protection order is issued or a consent	326
agreement is approved by a court of another county or by a court	327
of another state, no court or unit of state or local government	328
shall charge any fee, cost, deposit, or money in connection with	329
the filing of a petition pursuant to this section, in connection	330
with the filing, issuance, registration, or service of a	331
protection order or consent agreement, or for obtaining a	332
certified copy of a protection order or consent agreement.	333

(K)(1) A person who violates a protection order issued under	334
this section is subject to the following sanctions:	335

(a) Criminal prosecution for a violation of section 2919.27	336
of the Revised Code, if the violation of the protection order	337
constitutes a violation of that section;	338

(b) Punishment for contempt of court.

339

(2) The punishment of a person for contempt of court for	340
violation of a protection order issued under this section does not	341
bar criminal prosecution of the person for a violation of section	342
2919.27 of the Revised Code. However, a person punished for	343
contempt of court is entitled to credit for the punishment imposed	344
upon conviction of a violation of that section, and a person	345
convicted of a violation of that section shall not subsequently be	346
punished for contempt of court arising out of the same activity.	347

(L) In all stages of a proceeding under this section, a	348
petitioner may be accompanied by a victim advocate.	349

(M)(1) A petitioner who obtains a protection order under this	350
section or a protection order under section 2903.213 of the	351
Revised Code may provide notice of the issuance or approval of the	352
order to the judicial and law enforcement officials in any county	353
other than the county in which the order is issued by registering	354
that order in the other county pursuant to division (M)(2) of this	355
section and filing a copy of the registered order with a law	356
enforcement agency in the other county in accordance with that	357
division. A person who obtains a protection order issued by a	358
court of another state may provide notice of the issuance of the	359
order to the judicial and law enforcement officials in any county	360
of this state by registering the order in that county pursuant to	361
section 2919.272 of the Revised Code and filing a copy of the	362
registered order with a law enforcement agency in that county.	363

(2) A petitioner may register a protection order issued	364
pursuant to this section or section 2903.213 of the Revised Code	365
in a county other than the county in which the court that issued	366
the order is located in the following manner:	367

(a) The petitioner shall obtain a certified copy of the order	368
from the clerk of the court that issued the order and present that	369
certified copy to the clerk of the court of common pleas or the	370
clerk of a municipal court or county court in the county in which	371
the order is to be registered.	372

(b) Upon accepting the certified copy of the order for	373
registration, the clerk of the court of common pleas, municipal	374
court, or county court shall place an endorsement of registration	375
on the order and give the petitioner a copy of the order that	376
bears that proof of registration.	377

(3) The clerk of each court of common pleas, municipal court,	378
or county court shall maintain a registry of certified copies of	379
protection orders that have been issued by courts in other	380
counties pursuant to this section or section 2903.213 of the	381
Revised Code and that have been registered with the clerk.	382

(N) If the court orders electronic monitoring of the	383
respondent under this section, the court shall direct the	384
sheriff's office or any other appropriate law enforcement agency	385
to install the electronic monitoring device and to monitor the	386
respondent. Unless the court determines that the respondent is	387
indigent, the court shall order the respondent to pay the cost of	388
the installation and monitoring of the electronic monitoring	389
device. If the court determines that the respondent is indigent,	390
the cost of the installation and monitoring of the electronic	391
monitoring device shall be paid out of funds from the reparations	392
fund created pursuant to section 2743.191 of the Revised Code.	393

Sec. 2919.27.  (A) No person shall recklessly violate the	394
terms of any of the following:	395

(1) A protection order issued or consent agreement approved	396
pursuant to section 2919.26 or 3113.31 of the Revised Code;	397

(2) A protection order issued pursuant to section 2903.213 or	398
2903.214 of the Revised Code;	399

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

400

(B)(1) Whoever violates this section is guilty of violating a	401
protection order.	402

(2) Except as otherwise provided in division (B)(3) or (4) of	403
this section, violating a protection order is a misdemeanor of the	404
first degree.	405

(3) If the offender previously has been convicted of or	406
pleaded guilty to a violation of a protection order issued	407
pursuant to section 2903.213 or 2903.214 of the Revised Code, two	408
or more violations of section 2903.21, 2903.211, 2903.22, or	409
2911.211 of the Revised Code that involved the same person who is	410
the subject of the protection order or consent agreement, or one	411
or more violations of this section, violating a protection order	412
is a felony of the fifth degree.	413

(4) If the offender violates a protection order or consent	414
agreement while committing a felony offense, violating a	415
protection order is a felony of the third degree.	416

(5) If the protection order violated by the offender was an	417
order issued pursuant to section 2903.214 of the Revised Code	418
that required electronic monitoring of the offender pursuant to	419
that section, the court may require in addition to any other	420
sentence imposed upon the offender that the offender be	421
electronically monitored for a period not exceeding five years by	422
a law enforcement agency designated by the court. If the court	423
requires under this division that the offender be electronically	424
monitored, unless the court determines that the offender is	425
indigent, the court shall order that the offender pay the costs	426
of the installation of the electronic monitoring device and the	427
cost of monitoring the electronic monitoring device. If the court	428
determines that the offender is indigent, the costs of the	429
installation of the electronic monitoring device and the cost of	430
monitoring the electronic monitoring device shall be paid out of	431
funds from the reparations fund created pursuant to section	432
2743.191 of the Revised Code.	433

(C) It is an affirmative defense to a charge under division	434
(A)(3) of this section that the protection order issued by a court	435
of another state does not comply with the requirements specified	436
in 18 U.S.C. 2265(b) for a protection order that must be accorded	437
full faith and credit by a court of this state or that it is not	438
entitled to full faith and credit under 18 U.S.C. 2265(c).	439

(D) As used in this section, "protection order issued by a	440
court of another state" means an injunction or another order	441
issued by a criminal court of another state for the purpose of	442
preventing violent or threatening acts or harassment against,	443
contact or communication with, or physical proximity to another	444
person, including a temporary order, and means an injunction or	445
order of that nature issued by a civil court of another state,	446
including a temporary order and a final order issued in an	447
independent action or as a pendente lite order in a proceeding for	448
other relief, if the court issued it in response to a complaint,	449
petition, or motion filed by or on behalf of a person seeking	450
protection. "Protection order issued by a court of another state"	451
does not include an order for support or for custody of a child	452
issued pursuant to the divorce and child custody laws of another	453
state, except to the extent that the order for support or for	454
custody of a child is entitled to full faith and credit under the	455
laws of the United States.	456

Section 2. That existing sections 2743.191, 2903.214, and	457
2919.27 of the Revised Code are hereby repealed.	458