The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 302 |
REPRESENTATIVES MYERS-TIBERI-BOYD-BATEMAN-FORD-PADGETT-SCHULER-
HAINES-O'BRIEN-THOMAS-ROMAN-BRADING-CATES-CORBIN-PRINGLE-
MOTTLEY-VESPER-NETZLEY-TERWILLEGER-LUCAS-GARCIA-BATCHELDER-
MASON-COUGHLIN-CORE-REID-MEAD-HOUSEHOLDER-LEWIS-WHALEN-MILLER-
SULZER-BRADY-GRENDELL-PATTON-CLANCY-WINKLER-SALERNO-OPFER-
MOTTL-WESTON-BUCHY-DAMSCHRODER-OLMAN-BENDER
A BILL
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 2903.213, 2919.27,
2919.271, and 2937.23 and to enact section
2903.214 of the Revised Code to authorize the issuance of
a civil protection
order to protect a person who has been a victim of menacing by stalking and to
maintain the provisions of this act on and after July
1, 1997, by amending the
version of section 1901.19 of the Revised Code that
takes effect on that
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 737.11, 1901.18, 1901.19, 1907.18, 2903.213, 2919.27,
2919.271, and 2937.23 be amended
and section 2903.214 of the Revised Code be enacted to read as follows:
Sec. 737.11. The police force of a municipal corporation
shall preserve the peace, protect persons and property, and obey
and enforce all ordinances of the legislative authority of the
municipal corporation, all criminal laws of the state and the
United States, all court orders issued and consent agreements
approved pursuant to sections 2919.26 and 3113.31 of the Revised
Code, and all anti-stalking protection orders issued pursuant to
section 2903.213 OR 2903.214 of the Revised Code. The fire
department shall protect the lives and property of the people in case of fire.
Both the police and fire departments shall perform any other
duties that are provided by ordinance. The police and fire
departments in every city shall be maintained under the civil
service system.
A chief or officer of a police force of a municipal
corporation may participate, as the director of an organized
crime task force established under section 177.02 of the Revised
Code or as a member of the investigatory staff of such a task
force, in an investigation of organized criminal activity in any
county or counties in this state under sections 177.01 to 177.03
of the Revised Code.
Sec. 1901.18. (A) Except as otherwise provided in this
division or section 1901.181 of the Revised Code, subject to the
monetary jurisdiction of municipal courts as set forth in section
1901.17 of the Revised Code, a municipal court has original
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of
which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of
money or personal property of which the court of common pleas has
jurisdiction;
(3) In any action at law based on contract, to determine,
preserve, and enforce all legal and equitable rights involved in
the contract, to decree an accounting, reformation, or
cancellation of the contract, and to hear and determine all legal
and equitable remedies necessary or proper for a complete
determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal
property under chattel mortgage, lien, encumbrance, or other
charge, for the foreclosure and marshalling of liens on
personal property of that nature, and for the rendering of personal
judgment in
the action or proceeding;
(5) In any action or proceeding to enforce the collection
of its own judgments or the judgments rendered by any court
within the territory to which the municipal court has succeeded,
and to subject the interest of a judgment debtor in personal
property to satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of
interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement
of temporary protection orders pursuant to section 2919.26 of the
Revised Code or anti-stalking protection orders pursuant to
section 2903.213 of the Revised Code;
(10) If the municipal court has a housing or environmental
division, in any action over which the division is given
jurisdiction by section 1901.181 of the Revised Code, provided
that, except as specified in division (B) of that section, no
judge of the court other than the judge of the division shall
hear or determine any action over which the division has
jurisdiction;
(11) In any action brought pursuant to division (I) of
section 3733.11 of the Revised Code, if the residential premises
that are the subject of the action are located within the
territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1)
of section 3767.41 of the Revised Code that relates to a public
nuisance, and, to the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section,
the provision of that section shall control in the civil action.
(B) The Cleveland municipal court also
shall have
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real
property under lien of a judgment of the municipal court or a
lien for machinery, material, or fuel furnished or labor
performed,
irrespective of amount, and, in those actions and
proceedings, the court may proceed
to foreclose and marshal all liens and all vested or contingent
rights, to appoint a receiver, and to render personal judgment
irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on
real property given to secure the payment of money or the
enforcement of a specific lien for money or other encumbrance or
charge on real property, when the amount claimed by the plaintiff
does not exceed fifteen thousand dollars
and the real property is situated within the territory, and, in those
actions, the court may
proceed to foreclose all liens and all vested and contingent
rights and may proceed to render judgments
and make
findings and orders between the parties in the same manner and
to the same extent as in similar actions in the court of
common
pleas.
(3) In all actions for the recovery of real property
situated within the territory to the same extent as courts of
common pleas have jurisdiction;
(4) In all actions for injunction to prevent or terminate
violations of the ordinances and regulations of the city of
Cleveland enacted or promulgated under the police power of the
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio
Constitution, over which the court of common pleas has or may
have jurisdiction, and, in those
actions, the court may proceed to
render judgments and make findings and
orders in the
same manner and to the same extent as in similar actions
in the court of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of
municipal courts as set forth in section 1901.17 of the Revised
Code, a municipal court and a housing or environmental division
of a municipal court have jurisdiction within its territory in
all of the following actions or proceedings and to perform all of
the following functions:
(1) To compel attendance of witnesses in any pending
action or proceeding in the same manner as the court of common
pleas;
(2) To issue executions on its own judgments;
(3) In any legal or equitable action or proceeding, to
enforce the collection of its own judgments;
(4) In any civil action or proceeding at law in which the
subject matter of the action or proceeding is located within the
territory or when the defendant or any of the defendants resides
or is served with summons within the territory;
(5) To issue and enforce any order of attachment;
(6) In any action or proceeding in the nature of
creditors' bills, and in aid of execution, to subject the
interest of a judgment debtor in personal property to the payment
of a judgment of the court;
(7) To issue and enforce temporary protection orders
pursuant to section 2919.26 of the Revised Code and anti-stalking
protection orders pursuant to section 2903.213 of the Revised
Code.
(B) Subject to the limitation set forth in this division,
a municipal court or a housing or environmental division of a
municipal court has jurisdiction outside its territory in a
proceeding in aid of execution to subject to the payment of the
judgment the interest in personal property of a judgment debtor
under a judgment rendered by the court or division. The
jurisdiction provided in this division includes the county or
counties in which the territory of the court or division in
question is situated and any county that is contiguous to that in
which the court or division is located. A court or division that
has jurisdiction under this division outside its territory in a
proceeding in aid of execution has the same powers, duties, and
functions relative to the proceeding that it has relative to
proceedings in aid of execution over which it has jurisdiction
other than under this division.
(C)(1) In any action for garnishment of personal earnings
brought in a municipal court, the court has jurisdiction to serve
process pursuant to section 2716.05 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(2) In any action for garnishment of property, other than
personal earnings, brought in a municipal court under section
2716.11 of the Revised Code, the court has jurisdiction to serve
process pursuant to section 2716.13 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(3) Whenever a motion for attachment is filed in a
municipal court under section 2715.03 of the Revised Code, the
court has jurisdiction to serve process pursuant to section
2715.091 of the Revised Code upon a garnishee who resides in a
county contiguous to that in which the court is located.
(D) The municipal court of Cleveland also has jurisdiction
in all actions and proceedings in the nature of creditors' bills,
and in aid of execution to subject the interests of a judgment
debtor in real or personal property to the payment of a judgment
of the court. In such actions and proceedings, the court may
proceed to marshal and foreclose all liens on the property
irrespective of the amount of the lien, and all vested or
contingent rights in the property.
Sec. 1907.18. (A) County court judges, within and
coextensive with their respective counties, have jurisdiction and
authority to:
(1) Administer an oath authorized or required by law to be
administered;
(2) Take acknowledgments of instruments of writing;
(3) Issue subpoenas to compel the attendance of witnesses
to give evidence in causes or matters pending before the judges,
or for the purpose of taking depositions or perpetuating
testimony;
(4) Proceed against sheriffs, deputy sheriffs, and
constables failing to make return, making false return, or
failing to pay over money collected on execution issued by the
judges;
(5) Try actions against other county court judges for
refusing or neglecting to pay over moneys collected in their
official capacity when the amount claimed does not exceed five
hundred dollars. This division does not deny or impair any
remedy provided by law in such a case by suit on the official
bond of such a county court judge, or by amercement or otherwise,
for neglect or failure to pay over money so collected.
(6) Hear actions concerning the issuance and enforcement
of, issue, and enforce temporary protection orders pursuant to
section 2919.26 of the Revised Code and anti-stalking protection
orders pursuant to section 2903.213 of the Revised Code.
(B) County court judges may punish contempts, and exercise
powers necessary to give effect to the jurisdiction of the court
and to enforce its judgments, orders, and decrees, as provided in
this chapter or, in the absence of a provision in this chapter,
in a manner authorized by the Revised Code or common law for the
judges of the courts of common pleas.
(C) County court judges have jurisdiction and authority to
perform marriage ceremonies anywhere in the state.
Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, the complainant may file a motion
that requests the issuance of an anti-stalking A protection
order
as a pretrial condition of release of the alleged offender, in
addition to any bail set under Criminal Rule 46. The motion
shall be filed with the clerk of the court that has jurisdiction
of the case at any time after the filing of the complaint. If
the complaint involves a person who is a family or household
member, the complainant may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code.
(B) A motion for an anti-stalking A protection order UNDER
THIS SECTION shall
be prepared on a form that is provided by the clerk of the court,
which AND THE form shall be substantially as follows:
"Motion for Anti-stalking Protection Order
................. Court
Name and address of court
State of Ohio
v. No. .......
.....................................
Name of Defendant
(Name of person), the complainant in the above-captioned case,
moves the court to issue an anti-stalking A protection order
containing terms designed to ensure the safety and protection of
the complainant in relation to the named defendant, pursuant to
its authority to issue such an A PROTECTION order under section
2903.213 of
the Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with a violation of section 2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code.
I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any anti-stalking protection order granted
pursuant to this motion is a pretrial condition of release and is
effective only until the disposition of the criminal proceeding
arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER SECTION
2903.214 of the Revised Code OF A PROTECTION ORDER ARISING OUT OF THE SAME ACTIVITIES AS
THOSE
THAT WERE THE BASIS OF THE ATTACHED COMPLAINT.
.....................................
Signature of complainant
.....................................
Address of complainant"
(C) As soon as possible after the filing of a motion that
requests the issuance of an anti-stalking A protection order
UNDER THIS SECTION, but
not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The complainant shall
appear before the court and provide the court with the
information that it requests concerning the basis of the motion.
If the court finds that the safety and protection of the
complainant may be impaired by the continued presence of the
alleged offender, the court may issue an anti-stalking A
protection
order UNDER THIS SECTION, as a pretrial condition of release, that
contains terms
designed to ensure the safety and protection of the complainant,
including a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant.
(D)(1) Except when the complaint involves a person who is
a family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of
the Revised Code, the court, upon its own motion, may issue an
anti-stalking A protection order UNDER THIS SECTION as a
pretrial condition of release
of the alleged offender if it finds that the safety and
protection of the complainant may be impaired by the continued
presence of the alleged offender.
(2) If the court issues an anti-stalking A protection order
under this section as an ex parte order, it shall conduct, as
soon as possible after the issuance of the order but not later
than the next day THAT the court is in session after its issuance, a
hearing to determine whether the order should remain in effect,
be modified, or be revoked. The hearing shall be conducted under
the standards set forth in division (C) of this section.
(E) An anti-stalking A protection order that is issued as a
pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a
part of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition of the
criminal proceeding arising out of the complaint upon which it is
based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 of the Revised Code OF A PROTECTION
ORDER ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE
COMPLAINT FILED UNDER THIS SECTION;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal Rule 46 and who, if required to do so pursuant to that
rule, executes or posts bond or deposits cash or securities as
bail, shall not be held in custody pending a hearing before the
court on a motion requesting an anti-stalking A protection order
UNDER THIS SECTION.
(G)(1) A copy of any anti-stalking A protection order that
is issued under this section shall be issued by the court to the
complainant, to the defendant, and to all law enforcement
agencies that have jurisdiction to enforce the order. The court
shall direct that a copy of the order be delivered to the
defendant on the same day that the order is entered.
(2) All law enforcement agencies shall establish and
maintain an index for the anti-stalking protection orders
delivered to the agencies pursuant to division (G)(1) of this
section. With respect to each order delivered, each agency shall
note on the index, the date and time of the AGENCY'S receipt of
the order by the agency.
(3) Any REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED THE
PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS JURISDICTION,
ANY officer of a law enforcement agency shall enforce
an anti-stalking A protection order ISSUED PURSUANT TO THIS
SECTION in accordance with the
provisions of the order.
(H) Upon a violation of an anti-stalking A protection order
ISSUED PURSUANT TO THIS SECTION,
the court may issue another anti-stalking protection order UNDER
THIS SECTION, as a
pretrial condition of release, that modifies the terms of the
order that was violated.
(I) Notwithstanding any provision of law to the contrary,
no court shall charge a fee for the filing of a motion pursuant
to this section.
Sec. 2903.214. (A) AS USED IN THIS SECTION:
(1) "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
PERSON TO BE PROTECTED BY THE PROTECTION ORDER RESIDES.
(2) "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT AND ASSISTANCE
FOR
A PERSON WHO FILES A PETITION UNDER THIS SECTION.
(B) THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER
THIS SECTION.
(C) A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR
THE PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY
SEEK RELIEF
UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD
MEMBER, BY FILING A PETITION WITH THE COURT. THE PETITION SHALL
CONTAIN OR STATE BOTH OF THE FOLLOWING:
(1) AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A VIOLATION OF SECTION
2903.211 of the Revised Code AGAINST THE PERSON TO BE
PROTECTED BY THE PROTECTION ORDER, INCLUDING A DESCRIPTION OF THE NATURE AND
EXTENT OF THE VIOLATION;
(2) A REQUEST FOR RELIEF UNDER THIS SECTION.
(D) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS
SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX
PARTE HEARING ON THE SAME DAY THAT THE PETITION IS FILED. THE
COURT, FOR GOOD CAUSE SHOWN AT THE EX PARTE HEARING, MAY ENTER
ANY TEMPORARY ORDERS, WITH OR WITHOUT BOND, THAT THE COURT FINDS NECESSARY FOR
THE SAFETY AND PROTECTION OF THE PERSON TO BE PROTECTED BY THE ORDER.
IMMEDIATE AND PRESENT DANGER TO THE PERSON TO BE PROTECTED BY THE PROTECTION
ORDER CONSTITUTES GOOD CAUSE FOR PURPOSES OF THIS SECTION. IMMEDIATE AND
PRESENT DANGER INCLUDES, BUT IS NOT LIMITED TO,
SITUATIONS IN WHICH THE RESPONDENT HAS THREATENED THE PERSON TO BE PROTECTED
BY THE PROTECTION ORDER WITH BODILY HARM OR IN WHICH THE RESPONDENT HAS
PREVIOUSLY ENGAGED IN A VIOLATION OF SECTION 2903.211
of the Revised Code AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER.
IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A PROTECTION ORDER
DESCRIBED IN DIVISION (E) OF THIS SECTION, THE COURT
SHALL SCHEDULE A FULL HEARING THAT SHALL BE HELD WITHIN TEN DAYS AFTER THE EX
PARTE HEARING. THE RESPONDENT SHALL BE GIVEN NOTICE OF, AND AN OPPORTUNITY TO
BE HEARD AT, THE FULL HEARING.
IF A PERSON WHO FILES A PETITION PURSUANT TO THIS SECTION
DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON REQUESTS AN EX
PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX PARTE ORDER AFTER
AN EX PARTE HEARING, THE COURT SHALL PROCEED AS IN A NORMAL CIVIL
ACTION AND GRANT A FULL HEARING ON THE MATTER.
(E)(1) AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY
ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND,
THAT CONTAINS TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON
TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT LIMITED TO, A
REQUIREMENT THAT THE
RESPONDENT REFRAIN FROM ENTERING THE
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE
PETITIONER OR FAMILY OR HOUSEHOLD MEMBER.
(2)(a) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION SHALL
BE VALID UNTIL A DATE CERTAIN
BUT NOT LATER THAN TWO YEARS FROM THE DATE OF ITS ISSUANCE.
(b) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION MAY BE
RENEWED IN THE SAME
MANNER AS THE ORIGINAL ORDER WAS ISSUED.
(3) A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES A PETITIONER TO
DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT MAY REQUIRE A RESPONDENT TO
DO
OR TO REFRAIN FROM DOING UNDER DIVISION (E) OF THIS SECTION UNLESS
ALL OF THE FOLLOWING APPLY:
(a) THE RESPONDENT FILES A SEPARATE PETITION FOR A PROTECTION
ORDER IN
ACCORDANCE WITH THIS SECTION.
(b) THE PETITIONER IS SERVED WITH NOTICE OF THE RESPONDENT'S
PETITION
AT LEAST
FORTY-EIGHT HOURS BEFORE THE COURT HOLDS A HEARING WITH RESPECT TO THE
RESPONDENT'S PETITION, OR THE PETITIONER WAIVES THE RIGHT TO RECEIVE THIS
NOTICE.
(c) IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER PURSUANT TO
DIVISION (D) OF THIS SECTION, THE COURT DOES NOT DELAY ANY HEARING
REQUIRED BY THAT DIVISION BEYOND THE TIME SPECIFIED IN THAT DIVISION IN ORDER
TO CONSOLIDATE THE HEARING WITH A HEARING ON THE PETITION FILED BY THE
RESPONDENT.
(d) AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS
EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE PETITIONER
IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT EVIDENCE, THE COURT
DETERMINES THAT THE PETITIONER HAS COMMITTED A VIOLATION OF SECTION
2903.211 of the Revised Code AGAINST THE PERSON TO BE PROTECTED BY THE
PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION OR HAS VIOLATED A PROTECTION
ORDER ISSUED
PURSUANT TO SECTION 2903.213 of the Revised Code RELATIVE TO THE PERSON TO BE PROTECTED BY
THE PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION.
(4) NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION SHALL IN ANY
MANNER AFFECT TITLE TO ANY REAL PROPERTY.
(F)(1) THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY
PROTECTION ORDER THAT IS ISSUED UNDER THIS
SECTION
TO THE PETITIONER, TO THE RESPONDENT, AND TO
ALL LAW ENFORCEMENT AGENCIES THAT HAVE JURISDICTION TO ENFORCE
THE ORDER. THE COURT SHALL DIRECT THAT A COPY OF THE
ORDER BE DELIVERED TO THE RESPONDENT ON THE SAME DAY THAT THE
ORDER IS ENTERED.
(2) ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND
MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE AGENCIES PURSUANT
TO DIVISION
(F)(1) OF THIS SECTION. WITH RESPECT TO EACH ORDER DELIVERED, EACH
AGENCY SHALL NOTE ON THE INDEX THE
DATE AND TIME THAT IT RECEIVED THE ORDER.
(3) REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED THE PROTECTION
ORDER
IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS JURISDICTION
PURSUANT TO DIVISION (M) OF THIS SECTION, ANY OFFICER OF A LAW
ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION ORDER ISSUED PURSUANT TO THIS
SECTION BY ANY COURT IN
THIS STATE IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING REMOVING
THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE.
(G) ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED
IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE,
EXCEPT THAT A PROTECTION
ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR WITHOUT BOND.
THE REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN
ADDITION TO, AND NOT IN LIEU OF, ANY OTHER AVAILABLE CIVIL OR
CRIMINAL REMEDIES.
(H) THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT
EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE
REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY
OTHER LAW.
(I) ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN ALLEGED
VIOLATION OF SECTION 2903.211 of the Revised Code SHALL
PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD MEMBERS OF THE
VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS SECTION AND SECTION 2903.213
of the Revised Code.
(J) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT
TO THIS SECTION.
(K)(1) A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED
UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS:
(a) CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION
2919.27 of the Revised Code, IF THE VIOLATION OF THE PROTECTION
ORDER CONSTITUTES A VIOLATION OF THAT SECTION;
(b) PUNISHMENT FOR CONTEMPT OF COURT.
(2) THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR
VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES NOT BAR
CRIMINAL PROSECUTION OF
THE PERSON FOR A VIOLATION OF SECTION 2919.27 OF THE REVISED
CODE. HOWEVER, A PERSON PUNISHED FOR CONTEMPT OF COURT IS
ENTITLED TO CREDIT FOR THE PUNISHMENT IMPOSED UPON CONVICTION OF
A VIOLATION OF THAT SECTION, AND A PERSON CONVICTED OF A
VIOLATION OF THAT SECTION SHALL NOT SUBSEQUENTLY BE PUNISHED FOR
CONTEMPT OF COURT ARISING OUT OF THE SAME ACTIVITY.
(L) IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A
PETITIONER MAY BE
ACCOMPANIED BY A VICTIM ADVOCATE.
(M)(1) A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER
THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 of the Revised Code MAY
PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF THE ORDER TO THE JUDICIAL AND
LAW ENFORCEMENT OFFICIALS IN ANY COUNTY OTHER
THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY REGISTERING THAT ORDER IN THE
OTHER COUNTY PURSUANT TO DIVISION
(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER WITH
A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE WITH THAT DIVISION.
(2) A PETITIONER MAY REGISTER A PROTECTION ORDER
ISSUED PURSUANT TO THIS SECTION OR SECTION 2903.213 of the Revised Code IN A COUNTY OTHER
THAN THE COUNTY IN WHICH
THE COURT THAT ISSUED THE ORDER IS LOCATED IN THE FOLLOWING MANNER:
(a) THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE ORDER
FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND PRESENT THAT CERTIFIED
COPY TO THE CLERK OF THE COURT OF COMMON PLEAS OR THE CLERK OF A MUNICIPAL
COURT OR COUNTY COURT IN THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.
(b) UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR
REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL COURT, OR
COUNTY COURT SHALL
PLACE AN ENDORSEMENT OF REGISTRATION ON THE ORDER AND GIVE THE
PETITIONER A COPY OF THE ORDER THAT BEARS THAT PROOF OF REGISTRATION.
(3) THE CLERK OF EACH COURT OF COMMON PLEAS,
MUNICIPAL
COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED COPIES OF
PROTECTION
ORDERS THAT HAVE BEEN ISSUED
BY COURTS IN OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 of the Revised Code
AND THAT HAVE BEEN REGISTERED WITH THE
CLERK.
(4) IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER
THIS SECTION OR SECTION 2903.213 of the Revised Code
WISHES TO REGISTER THE ORDER IN ANY COUNTY OTHER
THAN THE COUNTY IN WHICH THE ORDER WAS ISSUED,
PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS SECTION, AND IF THE
PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING APPLY:
(a) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT THAT
ISSUED THE ORDER SATISFACTORY PROOF THAT THE
PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE
REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF THE ORDER
TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF THIS
SECTION.
(b) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF COMMON
PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE COUNTY IN WHICH
THE ORDER IS TO BE REGISTERED SATISFACTORY PROOF THAT THE PETITIONER IS
INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE REQUIRED FOR
ACCEPTING FOR REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR
PLACING AN ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR
GIVING THE PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF
REGISTRATION.
Sec. 2919.27. (A) No person shall recklessly violate any
terms of a protection order issued or consent agreement approved
pursuant to section 2919.26 or 3113.31 of the Revised Code or
the terms of an anti-stalking A protection order issued pursuant
to section
2903.213 OR 2903.214 of the Revised Code.
(B) Whoever violates this section is guilty of violating a
protection order or consent agreement or anti-stalking
protection order.
(1) If the offense involves a violation of
a protection order ISSUED or consent agreement APPROVED PURSUANT TO
SECTION 2919.26 OR 3113.31 of the Revised Code, one of the following
applies:
(a) Except as otherwise provided in division
(B)(1)(b) of this section, violating a protection
order or consent agreement or anti-stalking
protection order is a misdemeanor of the first degree.
(b) If the offender previously has been convicted
of or pleaded guilty to two or more violations of section 2903.211
or 2911.211 of the Revised Code that involve the same person who is the
subject of the protection order or consent agreement or previously has been
convicted
of or pleaded guilty to one or more violations of this section, violating a
protection order or consent agreement or anti-stalking protection order
is a felony of the fifth degree.
(2) If the offense involves a violation of an anti-stalking A
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 of the Revised Code,
one of the following applies:
(a) Except as otherwise provided in division
(B)(2)(b) of this section, violating a protection
order or consent agreement or anti-stalking protection order is a
misdemeanor of the first degree.
(b) If the offender previously has been convicted of or pleaded
guilty to two or more violations of this section involving an
anti-stalking A
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 of the Revised Code,
two or more violations of section 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised Code that involve the
same person who is the subject of the anti-stalking protection
order, or two or more violations of section 2903.214 of the Revised Code
as it existed prior to the effective date of this amendment
JULY 1, 1996,
violating a protection order or consent agreement or anti-stalking
protection order is a felony of the fifth degree.
Sec. 2919.271. (A)(1) If a defendant is charged with a
violation of section 2919.27 of the Revised Code or of a
municipal ordinance that is substantially similar to that
section, the court may order an evaluation of the mental
condition of the defendant if the court determines that either of the
following criteria apply:
(a) If the alleged violation is a violation of a protection order
issued or consent agreement approved pursuant to section 2919.26
or 3113.31 of the Revised Code, that the violation of the
protection order or consent agreement allegedly involves conduct
by the defendant that caused physical harm to the person or
property of a family or household member covered by the order or
agreement, or conduct by the defendant that caused a family or
household member to believe that the defendant would cause
physical harm to that member or that member's property.
(b) If the alleged violation is a violation of an anti-stalking
A
protection order issued pursuant to section 2903.213 OR
2903.214 of the Revised
Code, that the violation of the anti-stalking protection order
allegedly involves conduct by the defendant that caused physical harm to the
person or property of the person covered by the order, or conduct by
the defendant that caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that person's property.
(2) The evaluation shall be completed no later than thirty days from
the date the order is entered pursuant to division (A)(1) of this
section. In that order, the court shall do either of the
following:
(a) Order that the evaluation of the mental condition of
the defendant be preceded by an examination conducted either by a
forensic center that is designated by the department of mental
health to conduct examinations and make evaluations of defendants
charged with violations of section 2919.27 of the Revised Code or
of substantially similar municipal ordinances in the area in
which the court is located, or by any other program or facility
that is designated by the department of mental health or the
department of mental retardation and developmental disabilities
to conduct examinations and make evaluations of defendants
charged with violations of section 2919.27 of the Revised Code or
of substantially similar municipal ordinances, and that is
operated by either department or is certified by either
department as being in compliance with the standards established
under division (J) of section 5119.01 of the Revised Code or
division (C) of section 5123.04 of the Revised Code.
(b) Designate a center, program, or facility other than
one designated by the department of mental health or the
department of mental retardation and developmental disabilities,
as described in division (A)(2)(a) of this
section, to conduct the evaluation and preceding examination of
the mental condition of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or (b)
of this section, the court may designate examiners other than the
personnel of the center, program, facility, or department
involved to make the evaluation and preceding examination of the
mental condition of the defendant.
(B) If the court considers that additional evaluations of
the mental condition of a defendant are necessary following the
evaluation authorized by division (A) of this section, the court
may order up to two additional similar evaluations. These
evaluations shall be completed no later than thirty days from the
date the applicable court order is entered. If more than one
evaluation of the mental condition of the defendant is ordered
under this division, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations and preceding examinations.
(C)(1) The court may order a defendant who has been
released on bail to submit to an examination under division (A)
or (B) of this section. The examination shall be conducted
either at the detention facility in which the defendant would
have been confined if the defendant had not been released on
bail, or, if so specified by the center, program, facility, or examiners
involved, at the premises of the center, program, or facility. Additionally,
the examination shall be conducted at the times
established by the examiners involved. If such a defendant
refuses to submit to an examination or a complete examination as
required by the court or the center, program, facility, or
examiners involved, the court may amend the conditions of the
bail of the defendant and order the sheriff to take the defendant into
custody and deliver the defendant to the detention facility in
which the defendant would have been confined if the defendant had
not been released on bail,
or, if so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility,
for purposes of the examination.
(2) A defendant who has not been released on bail shall be
examined at the detention facility in which the defendant is
confined or, if so specified by the
center, program, facility, or examiners involved, at the premises
of the center, program, or facility.
(D) The examiner of the mental condition of a defendant
under division (A) or (B) of this section shall file a written
report with the court within thirty days after the entry of an
order for the evaluation of the mental condition of the
defendant. The report shall contain the findings of the
examiner; the facts in reasonable detail on which the findings
are based; the opinion of the examiner as to the mental condition
of the defendant; the opinion of the examiner as to whether the
defendant represents a substantial risk of physical harm to other
persons as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that placed other
persons in reasonable fear of violent behavior and serious
physical harm, or evidence of present dangerousness; and the
opinion of the examiner as to the types of treatment or
counseling that the defendant needs. The court shall provide
copies of the report to the prosecutor and defense counsel.
(E) The costs of any evaluation and preceding examination
of a defendant that is ordered pursuant to division (A) or (B) of
this section shall be taxed as court costs in the criminal case.
(F) If the examiner considers it necessary in order to make
an accurate evaluation of the mental condition of a defendant, an
examiner under division (A) or (B) of this section may request
any family or household member of the defendant to provide the
examiner with information. A family or household member may, but
is not required to, provide information to the examiner upon
receipt of the request.
(G) As used in this section:
(1) "Bail" includes a recognizance.
(2) "Examiner" means a psychiatrist, a licensed independent social
worker who is employed by a
forensic center that is certified as being in compliance with the
standards established under division (J) of section 5119.01 or
division (C) of section 5123.04 of the Revised Code, a licensed
professional clinical counselor who is employed at a forensic
center that is certified as being in compliance with such
standards, or a licensed clinical psychologist, except that in
order to be an examiner, a licensed clinical psychologist shall
meet the criteria of division (I)(1) of section 5122.01 of the
Revised Code or be employed to conduct examinations by the
department of mental health or by a forensic center certified as
being in compliance with the standards established under division
(J) of section 5119.01 or division (C) of section 5123.04 of the
Revised Code that is designated by the department of mental
health.
(3) "Family or household member" has the same meaning as
in section 2919.25 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(5) "Psychiatrist" and "licensed clinical
psychologist" have the same meanings as in section
5122.01 of the Revised Code.
Sec. 2937.23. (A) In a case involving a felony, the
judge or magistrate shall fix the amount of bail. In a case involving a
misdemeanor or a violation of a municipal ordinance and not involving a
felony, the judge, magistrate, or clerk of the court may fix the amount
of bail and may do so in accordance with a schedule previously
fixed by the judge or
magistrate, or, in a case when the judge, magistrate, or clerk of
the court is not readily available, the
sheriff, deputy sheriff, marshal, deputy marshal, police officer,
or jailer having custody of the person charged may fix the
amount of bail in
accordance with a schedule previously fixed by the judge or
magistrate and shall take the bail only in the county
courthouse, the municipal or township building, or the county or municipal
jail. In all cases, the bail shall be fixed with consideration of
the seriousness of the offense charged, the previous criminal record
of the defendant, and the probability of the defendant
appearing at the trial of the case.
(B) In any case involving an alleged violation of section
2919.27 of the Revised Code or of a municipal ordinance that is
substantially similar to that section and in which the court
finds that either of the following criteria applies, the court
shall determine whether it will order an evaluation of the mental condition of
the defendant pursuant to section 2919.271 of the Revised
Code and, if it decides to so order, shall issue the order requiring
that evaluation before it sets bail for the person charged with the violation:
(1) Regarding an alleged violation of a temporary protection
order ISSUED or consent agreement APPROVED PURSUANT TO SECTION
2919.26 OR 3113.31 of the Revised Code, that the violation of the order or
agreement allegedly involves conduct by the defendant that caused
physical harm to the person or property of a family or household
member covered by the order or agreement or conduct by that
defendant that caused a family or household member to believe
that the defendant would cause physical harm to that member or
that member's property;
(2) Regarding an alleged violation of an anti-stalking A
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 of the Revised Code,
that the violation of the order allegedly
involves conduct by the defendant that caused physical
harm to the person or property of the person covered by the order
or conduct by that defendant that caused the person covered by
the order to believe that the defendant would cause physical harm
to that person or that person's property.
Section 2. That existing sections 737.11, 1901.18, 1901.19, 1907.18, 2903.213,
2919.27, 2919.271, and 2937.23 of
the Revised Code are hereby repealed.
Section 3. That section 1901.19 of the Revised Code, as amended by Am. Sub.
H.B. 438 of the 121st General Assembly, be amended to read as follows:
Sec. 1901.19. (A) Subject to the monetary jurisdiction of
municipal courts as set forth in section 1901.17 of the Revised
Code and the subject matter jurisdiction of municipal courts as set forth
in section 1901.18 of the Revised Code, a municipal court and a housing or
environmental division of a municipal court have jurisdiction within its
territory to perform all of the following functions:
(1) To compel attendance of witnesses in any pending
action or proceeding in the same manner as the court of common
pleas;
(2) To issue executions on its own judgments;
(3) In any legal or equitable action or proceeding, to
enforce the collection of its own judgments;
(4) To issue and enforce any order of attachment;
(5) In any action or proceeding in the nature of
creditors' bills, and in aid of execution, to subject the
interest of a judgment debtor in personal property to the payment
of a judgment of the court;
(6) To issue and enforce temporary protection orders
pursuant to section 2919.26 of the Revised Code and anti-stalking
protection orders pursuant to section 2903.213 of the Revised
Code.
(B) Subject to the limitation set forth in this division,
a municipal court or a housing or environmental division of a
municipal court has jurisdiction outside its territory in a
proceeding in aid of execution to subject to the payment of the
judgment the interest in personal property of a judgment debtor
under a judgment rendered by the court or division. The
jurisdiction provided in this division includes the county or
counties in which the territory of the court or division in
question is situated and any county that is contiguous to that in
which the court or division is located. A court or division that
has jurisdiction under this division outside its territory in a
proceeding in aid of execution has the same powers, duties, and
functions relative to the proceeding that it has relative to
proceedings in aid of execution over which it has jurisdiction
other than under this division.
(C)(1) In any action for garnishment of personal earnings
brought in a municipal court, the court has jurisdiction to serve
process pursuant to section 2716.05 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(2) In any action for garnishment of property, other than
personal earnings, brought in a municipal court under section
2716.11 of the Revised Code, the court has jurisdiction to serve
process pursuant to section 2716.13 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(3) Whenever a motion for attachment is filed in a
municipal court under section 2715.03 of the Revised Code, the
court has jurisdiction to serve process pursuant to section
2715.091 of the Revised Code upon a garnishee who resides in a
county contiguous to that in which the court is located.
(D) The municipal court of Cleveland also has jurisdiction
in all actions and proceedings in the nature of creditors' bills,
and in aid of execution to subject the interests of a judgment
debtor in real or personal property to the payment of a judgment
of the court. In such actions and proceedings, the court may
proceed to marshal and foreclose all liens on the property
irrespective of the amount of the lien, and all vested or
contingent rights in the property.
Section 4. That all existing versions of section 1901.19 of the Revised Code
are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect July 1, 1997.
|