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.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(122nd General Assembly)(Amended Substitute House Bill Number 93)
AN ACT
To amend sections 2903.213 and 2950.03 of the Revised Code to authorize the
issuance of an
anti-stalking protection order upon the filing of a
complaint that alleges the
commission of an assault offense or a violation of certain municipal
ordinances and to modify the source of the offender's criminal history that a
judge or detention facility official must obtain in relation to a notice to be
provided under the Sex Offender Registration and Notification Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2903.213 and 2950.03 of the Revised Code be amended
to read as
follows:
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 2903.11, 2903.12, 2903.13, 2903.21,
2903.211, 2903.22, or
2911.211 of the Revised Code or a violation of a municipal ordinance
substantially similar to section 2903.13, 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 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 protection order shall
be prepared on a form that is provided by the clerk of the court,
which form shall be substantially as follows: "Motion for Anti-stalking Protection Order
nl/ql/dlp, ql,,150 Court
Name and address of court
State of Ohio v. No. .......
nl/ql/dlp,. ql,,190 Name of Defendant (Name of person), the complainant in the above-captioned case,
moves the court to issue an anti-stalking 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 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 2903.11, 2903.12, 2903.13, 2903.21,
2903.211, 2903.22, or
2911.211 of the Revised Code or a violation of a municipal ordinance
substantially similar to section 2903.13, 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.
nl/ql/dlp,. ql,,190 Signature of complainant
nl/ql/dlp,. ql,,190 Address of complainant" (C) As soon as possible after the filing of a motion that
requests the issuance of an anti-stalking protection order, 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 protection
order, 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 specified in division (A) of this 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 protection order 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 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 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 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; (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 protection order. (G)(1) A copy of any anti-stalking 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 receipt of the order
by the agency. (3) Any officer of a law enforcement agency shall enforce
an anti-stalking protection order in accordance with the
provisions of the order. (H) Upon a violation of an anti-stalking protection order,
the court may issue another anti-stalking protection order, 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. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented
offense and who has a duty to register pursuant to section 2950.04 of the
Revised Code shall be provided notice in accordance with
this section of the offender's duty to register under that section, the
offender's duty to provide notice of any
change in the offender's residence
address and to register the new residence address pursuant to section 2950.05
of the Revised Code, and the offender's duty to periodically
verify the offender's residence address pursuant to section 2950.06 of the
Revised Code. The following official shall provide the
notice to the offender at the following time: (1) Regardless of when the offender committed the sexually oriented
offense, if the offender is sentenced for the sexually oriented offense to a
prison term, a term of imprisonment, or any other type of confinement, and if,
on or after the effective date of this section JANUARY
1, 1997, the offender is serving that
term or is under that confinement, the official in charge of the jail,
workhouse, state
correctional institution, or other institution in which the offender serves
the prison term, term of imprisonment, or confinement, or a designee of that
official, shall provide the notice to the offender at least ten days before
the offender is released pursuant to any type of supervised release or at
least ten days before the offender otherwise is released
from the prison term, term of imprisonment, or confinement. (2) Regardless of when the offender committed the sexually oriented
offense, if the offender is sentenced for that offense on or after the
effective date of this section JANUARY 1, 1997, and
if division (A)(1) of this section
does not apply, the judge shall provide the notice to
the offender at the time of sentencing. (3) If the offender committed the sexually oriented
offense prior to the effective date of this section JANUARY
1, 1997, if neither
division (A)(1) nor division (A)(2) of this section applies,
and if, immediately prior to the effective date of this section
JANUARY 1, 1997,
the offender was a habitual sex offender who was required to
register under Chapter 2950. of the Revised Code,
the chief of police or sheriff with whom the offender most recently
registered under that chapter, in the circumstances described in
this division, shall provide the notice to the offender. If the
offender has registered with a chief of police or sheriff under
Chapter 2950. of the Revised Code as it existed prior to the
effective date of this section JANUARY 1, 1997, the
chief of police or sheriff
with whom the offender most recently registered shall provide
the notice to the offender as soon as possible after the
effective date of this section JANUARY 1, 1997, as
described in division
(B)(1) of this section. If the
offender has not registered with a chief of police or sheriff
under that chapter, the failure to register shall constitute a
waiver by the offender of any right to notice under this
section. If an offender described in this division does not
receive notice under this section, the offender is not relieved
of the duty to register, the duty to provide notice of any
change in residence address and to register the new residence
address, and the duty to periodically verify the residence
address, as described in division
(A) of this section. (B)(1) The notice provided under division (A) of this
section shall inform the offender of the offender's duty to register under
section 2950.04 of the Revised Code, to notify the appropriate
officials of a change in the offender's residence address and to register the
new residence address in accordance with section 2950.05 of the
Revised Code, and to periodically verify a residence address under
section 2950.06 of the Revised Code. The notice shall comport with the
following: (a) If the notice is provided under division (A)(3) of this
section, the notice shall be on a form that is prescribed by the bureau
of criminal identification and investigation and that states the
offender's duties to register, to register a new residence
address, and to periodically verify a residence address and
that, if the offender has any questions concerning these duties,
the offender may contact the chief of police or sheriff who sent
the form for an explanation of the duties. If the offender
appears in person before the chief of police or sheriff, the
chief or sheriff shall provide the notice as described in
division (B)(1)(a)
of this section, and all provisions of this section that apply
regarding a notice provided by an official, official's designee,
or judge in that manner shall be applicable. (b) If the notice is provided under division (A)(1) or (2) of this
section, the official, official's designee, or
judge shall require the offender to read and sign a form prescribed by the
bureau of criminal identification and investigation, stating that the
offender's duties to register, to register a new residence address, and to
periodically verify a residence address have been explained to the offender.
If the offender is unable to read, the official, official's designee, or judge
shall certify on the form that the official, designee, or judge specifically
informed the offender of those duties and that
the offender indicated an understanding of those duties. (c) For a notice provided under division (A)(1), (2), or
(3) of this section, the form used shall contain
all of the information required by the bureau of criminal identification and
investigation, including, but not limited to,
a statement as to whether the offender has been adjudicated as being a sexual
predator relative to the sexually oriented offense in question, a statement as
to whether the offender has been determined to be a habitual sex offender, an
explanation
of the periodic residence address verification process and of the frequency
with which the offender will be required to verify the
residence address under that process, and a statement that the offender must
verify the residence address at the times specified under that process or face
criminal prosecution. (2) After an offender described in division (A)(1) or (2) of this
section has signed the form described in division
(B)(1) of this section or the official,
official's designee, or judge has certified on it that it has been explained
to the offender and that the offender indicated an understanding of the duties
indicated on it, the official, official's designee, or judge shall give one
copy of the form to the offender, within three days shall send one copy of the
form to the bureau of criminal identification and investigation in
accordance with the procedures adopted pursuant to section 2950.13 of the
Revised Code, and shall send one copy of the form to
the sheriff of the county in which the offender expects to reside.
After a chief of police or sheriff has sent a form to an
offender under division (A)(3)
of this section, the chief or sheriff shall send a copy of the
form to the bureau of criminal identification and investigation
in accordance with the procedures adopted pursuant to section
2950.13 of the Revised Code. (C) The official, official's designee,
judge, chief of police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the following: (1) If the notice is provided under division (A)(1) or (2) of
this section, the official, designee, or judge shall determine the
offender's name, identifying factors, and expected future residence address,
shall obtain the offender's criminal history from the bureau of criminal
identification and investigation, and shall obtain a photograph and the
fingerprints of the offender. If the notice is provided by a judge under
division
(A)(2) of this section, the sheriff shall provide the
offender's criminal history to the judge. The official, official's
designee, or judge shall obtain this
information and these items prior to giving the notice, except that a judge
may give the notice prior to obtaining the offender's criminal history from
the bureau. Within three days after receiving this information and these
items, the official, official's designee, or judge shall forward the
information and items to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
pursuant to section
2950.13 of the Revised Code and to the sheriff of the county
in which the offender expects to reside. If it has not already done so, the
bureau of criminal identification and investigation shall forward a copy of
the fingerprints and conviction data received under this division to the
federal bureau of investigation. (2) If the notice is provided under division (A)(3) of this section, the
chief of police or sheriff shall determine the offender's name,
identifying factors, and residence address, shall obtain the
offender's criminal history from the bureau of criminal
identification and investigation, and, to the extent possible,
shall obtain a photograph and the fingerprints of the offender.
Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a
chief of police, to the sheriff of the county in which the
offender resides. If it has not already done so, the bureau of
criminal identification and investigation shall forward a copy
of the fingerprints and conviction data so received to the
federal bureau of investigation. SECTION 2 . That existing sections 2903.213 and 2950.03 of the Revised Code are
hereby repealed.
|