130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 93

REPRESENTATIVES REID-FOX-JACOBSON-MALLORY


A BILL
To amend section 2903.213 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.

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


Section 1. That section 2903.213 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 ................. 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 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.

.....................................

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 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.


Section 2. That existing section 2903.213 of the Revised Code is hereby repealed.
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