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 Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 98 |
SENATOR B. JOHNSON
A BILL
To amend sections 1901.20, 1907.02, 2919.26, 2930.06, and 2931.03 of the
Revised Code to provide that a court is not authorized to dismiss criminal
charges when the only reason for dismissal is the request of the
complaining witness and the prosecutor objects to the dismissal and to specify
that domestic violence criminal temporary protection orders issued by a
municipal court or county court continue in effect subsequent to the transfer
of the case to a court of common pleas until disposition of the case on the
issuance of a domestic violence civil protection order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.20, 1907.02, 2919.26, 2930.06, and 2931.03 of
the Revised
Code be amended to read as follows:
Sec. 1901.20. (A)(1) The municipal court has jurisdiction of
the violation of any ordinance of any municipal corporation
within its territory, unless the violation is required to be
handled by a parking violations bureau or joint parking
violations bureau pursuant to Chapter 4521. of the Revised Code,
and of the violation of any misdemeanor committed within the
limits of its territory. The municipal court has jurisdiction of
the violation of a vehicle parking or standing resolution or
regulation if a local authority, as defined in division (D) of
section 4521.01 of the Revised Code, has specified that it is not
to be considered a criminal offense, if the violation is
committed within the limits of the court's territory, and if the
violation is not required to be handled by a parking violations
bureau or joint parking violations bureau pursuant to Chapter
4521. of the Revised Code. The municipal court, if it has a
housing or environmental division, has jurisdiction of any
criminal action over which the housing or environmental 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. In all such prosecutions and cases,
the court shall proceed to a final determination of the
prosecution or case.
(2) A JUDGE OF A MUNICIPAL COURT DOES NOT HAVE THE AUTHORITY TO
DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE
REQUEST OF THE COMPLAINING WITNESS AND OVER THE OBJECTION OF THE PROSECUTING
ATTORNEY, VILLAGE SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL
OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) The municipal court has jurisdiction to hear felony
cases committed within its territory. In all felony cases, the
court may conduct preliminary hearings and other necessary
hearings prior to the indictment of the defendant or prior to the
court's finding that there is probable and reasonable cause to
hold or recognize the defendant to appear before a court of
common pleas and may discharge, recognize, or commit the
defendant.
(C) A municipal court has jurisdiction of an appeal from a
judgment or default judgment entered pursuant to Chapter 4521. of
the Revised Code, as authorized by division (D) of section
4521.08 of the Revised Code. The appeal shall be placed on the
regular docket of the court and shall be determined by a judge of
the court.
Sec. 1907.02. (A)(1) In addition to other jurisdiction
granted a county court in the Revised Code, a county court has
jurisdiction of all misdemeanor cases. A county court has
jurisdiction to conduct preliminary hearings in felony cases, to
bind over alleged felons to the court of common pleas, and to
take other action in felony cases as authorized by Criminal Rule
5.
(2) A JUDGE OF A COUNTY COURT DOES NOT HAVE THE AUTHORITY TO
DISMISS A CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE
REQUEST OF THE COMPLAINING WITNESS AND OVER THE OBJECTION OF THE PROSECUTING
ATTORNEY, VILLAGE SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL
OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE CASE.
(B) A county court has jurisdiction of the violation of a
vehicle parking or standing ordinance, resolution, or regulation
if a local authority, as defined in division (D) of section
4521.01 of the Revised Code, has specified that it is not to be
considered a criminal offense, if the violation is committed
within the limits of the court's territory, and if the violation
is not required to be handled by a parking violations bureau or
joint parking violations bureau pursuant to Chapter 4521. of the
Revised Code. A county court does not have jurisdiction over
violations of ordinances, resolutions, or regulations that are
required to be handled by a parking violations bureau or joint
parking violations bureau pursuant to that chapter.
A county court also has jurisdiction of an appeal from a
judgment or default judgment entered pursuant to Chapter 4521. of
the Revised Code, as authorized by division (D) of section
4521.08 of the Revised Code. Any such appeal shall be placed on
the regular docket of the court and shall be determined by a
judge of the court.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2919.25 of the Revised Code, a violation of a
municipal ordinance substantially similar to that section, a
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or
2911.211 of the Revised Code that involves a person who was a family
or household member at the time of the violation, or a violation of a
municipal ordinance that is substantially similar to section 2903.13,
2903.211, or 2911.211 of the Revised Code that involves a person who was a
family or household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to
file, a person who made an arrest for the alleged violation under
section 2935.03 of the Revised Code may file on behalf of the
complainant, a motion that requests the issuance of a temporary
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.
(2) For purposes of section 2930.09 of the Revised Code, all stages of a
proceeding arising out of a violation specified in division (A)(1) of this
section, including all proceedings on a motion for a temporary protection
order, are critical stages of the case, and a complainant may be accompanied
by a victim advocate or another person to provide support to the victim as
provided in that section.
(B) The motion shall be prepared on a form that is
provided by the clerk of the court, which form shall be
substantially as follows:
"MOTION FOR TEMPORARY 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 a temporary protection order containing
terms designed to ensure the safety and protection of the
complainant and other family or household members, in relation to
the named defendant, pursuant to its authority to issue such an
order under section 2919.26 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 at least one of the following violations of section 2919.25 of the
Revised Code that constitutes "domestic violence" or a municipal ordinance
that is substantially similar to that section: knowingly causing or
attempting to cause physical harm to a
family or household member; recklessly causing serious physical
harm to a family or household member; or, by threat of force,
knowingly causing a family or household member to believe that he
THE NAMED DEFENDANT would cause imminent physical harm to that family
or household member; charging the named defendant
with felonious assault, aggravated assault, or assault that involved a family
or household member in violation of section 2903.11, 2903.12, or 2903.13 of
the Revised Code; charging
the named defendant with menacing by stalking or aggravated
trespass that involves a family or household member in violation of section
2903.211 or 2911.211 of the Revised Code; or charging the named defendant with
a violation of a municipal ordinance that is substantially similar to section
2903.13, 2903.211, or 2911.211 of the Revised Code that involves a family or
household member.
I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this motion, for a hearing on the motion or that, if I am unable to appear
because of hospitalization or a medical condition resulting from the offense
alleged in the complaint, a person who can provide information about my need
for a temporary protection order must appear before the court in lieu of my
appearing in court. I understand that any temporary
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 the issuance of a civil protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint, under section 3113.31 of
the Revised Code.
..........................................
Signature of complainant
(or signature of the arresting officer who filed the motion on
behalf of the complainant)
..........................................
Address of complainant (or office address of the arresting
officer who filed the motion on behalf of the complainant)"
(C) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the court and provide the court with the information that it
requests concerning the basis of the motion. If the person who requested the
order is unable to appear and if the court finds that the failure to appear is
because of the person's hospitalization or medical condition resulting from
the offense alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of the person
who requested the order. If the court finds that the safety and protection of
the complainant or other family
or household member of the alleged offender may be impaired by
the continued presence of the alleged offender, the court may
issue a temporary protection order, as a pretrial condition of
release, that contains terms designed to ensure the safety and
protection of the complainant or family or household member,
including a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant or family or household member.
(D)(1) Upon the filing of a complaint that alleges a
violation of section 2919.25 of the Revised Code, a violation of a municipal
ordinance that is substantially similar to that section, a violation
of section 2903.11, 2903.12, 2903.13, 2903.211, or 2911.211 of
the Revised Code that involves a person who was a family or household
member at the time of the violation, or a violation of a municipal ordinance
that is substantially similar to section 2903.13, 2903.211, or 2911.211 of the
Revised Code that involves a person who was a family or household member at
the time of the violation, the court, upon its own
motion, may issue a temporary protection order as a pretrial
condition of release if it finds that the safety and protection
of the complainant or other family or household member of the
alleged offender may be impaired by the continued presence of the
alleged offender.
(2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the presence of the
alleged offender not later than the next day on which the court is scheduled
to conduct business after the day on which the alleged offender was arrested
or at the time of the appearance of the alleged offender pursuant to summons
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.
(3) An order issued under this division SECTION shall contain
only
those terms authorized in orders issued under division (C) of
this section.
(4) IF A MUNICIPAL COURT OR A COUNTY
COURT ISSUES A TEMPORARY PROTECTION ORDER UNDER THIS SECTION AND
IF, SUBSEQUENT TO THE ISSUANCE OF THE ORDER, THE ALLEGED
OFFENDER WHO IS THE SUBJECT OF THE ORDER IS BOUND OVER TO THE
COURT OF COMMON PLEAS FOR PROSECUTION OF A FELONY ARISING OUT OF
THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE
COMPLAINT UPON WHICH THE ORDER IS BASED, NOTWITHSTANDING THE
FACT THAT THE ORDER WAS ISSUED BY A MUNICIPAL COURT OR COUNTY
COURT, THE ORDER SHALL REMAIN IN EFFECT WHILE THE CHARGES
AGAINST THE ALLEGED OFFENDER ARE PENDING IN THE COURT OF COMMON
PLEAS, FOR THE PERIOD OF TIME DESCRIBED IN DIVISION
(E)(2) OF THIS SECTION. THIS
DIVISION APPLIES WHEN THE ALLEGED OFFENDER IS BOUND OVER TO THE
COURT OF COMMON PLEAS AS A RESULT OF THE PERSON WAIVING A
PRELIMINARY HEARING ON THE FELONY CHARGE, AS A RESULT OF THE
MUNICIPAL COURT OR COUNTY COURT HAVING DETERMINED AT A
PRELIMINARY HEARING THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT
THE FELONY HAS BEEN COMMITTED AND THAT THE ALLEGED OFFENDER
COMMITTED IT, AS A RESULT OF THE ALLEGED OFFENDER HAVING BEEN
INDICTED FOR THE FELONY, OR IN ANY OTHER MANNER.
(E) A temporary 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 OCCURRENCE OF EITHER OF THE FOLLOWING:
(a) THE disposition, BY THE COURT THAT ISSUED THE
ORDER OR, IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(D)(4) OF THIS SECTION, BY THE
COURT OF COMMON PLEAS TO WHICH THE ALLEGED OFFENDER IS BOUND
OVER FOR PROSECUTION, of the
criminal proceeding arising out of the complaint upon which it THE
ORDER is based, or the;
(b) THE issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint UPON WHICH THE ORDER IS BASED,
under section 3113.31 of
the Revised Code;
(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 a temporary protection order.
(G)(1) A copy of any temporary 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. IF A MUNICIPAL COURT
OR A COUNTY COURT ISSUES A TEMPORARY
PROTECTION ORDER UNDER THIS SECTION AND IF, SUBSEQUENT TO THE
ISSUANCE OF THE ORDER, THE DEFENDANT WHO IS THE SUBJECT OF THE
ORDER IS BOUND OVER TO THE COURT OF COMMON PLEAS FOR PROSECUTION
AS DESCRIBED IN DIVISION (D)(4)
OF THIS SECTION, THE MUNICIPAL COURT OR COUNTY COURT SHALL
DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE COURT OF
COMMON PLEAS TO WHICH THE DEFENDANT IS BOUND OVER.
(2) All law enforcement agencies shall establish and
maintain an index for the temporary 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) A complainant who obtains a temporary protection
order under this section may provide notice of the issuance of
the temporary protection 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 in accordance with division (N) of section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division.
(4) Any officer of a law enforcement agency shall enforce
a temporary protection order issued by any court in this state in accordance
with the provisions of
the order, including removing the defendant from the premises, regardless of
whether the order is registered in the county in which the officer's agency
has jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated.
(I)(1) As used in divisions (I)(1) and
(2) of this section, "defendant" means a person who is
alleged in a complaint to have committed a violation of the type
described in division (A) of this section.
(2) If a complaint is filed that alleges that a person
committed a violation of the type described in division
(A) of this section, the court may not issue a temporary
protection order under this section that requires the complainant
or another family or household member of the defendant to do or
refrain from doing an act that the court may require the
defendant to do or refrain from doing under a temporary
protection order unless both of the following apply:
(a) The defendant has filed a separate
complaint that alleges that the complainant or other family or
household member in question who would be required under the
order to do or refrain from doing the act committed a violation
of the type described in division (A) of this section.
(b) The court determines that both the
complainant or other family or household member in question who
would be required under the order to do or refrain from doing the
act and the defendant acted primarily as aggressors, that neither
the complainant or other family or household member in question
who would be required under the order to do or refrain from doing
the act nor the defendant acted primarily in self-defense, and,
in accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the
defendant, that it should issue the order to require the
complainant or other family or household member in question to do
or refrain from doing the act.
(J) Notwithstanding any provision of law to the
contrary, no court shall charge a fee for the filing of a motion
pursuant to this section.
(K) As used in this section, "victim
advocate" means a person who provides support and assistance
for a victim of an offense during court proceedings.
Sec. 2930.06. (A) The prosecutor in a case, to the extent
practicable, shall confer with the victim in the case before
pretrial diversion is granted to the defendant in the case,
before amending or dismissing an indictment, information,
or complaint against that defendant,
before agreeing to a negotiated plea for that defendant, or
before a trial of that defendant by judge or jury.
If the prosecutor fails to confer with the victim at any of
those times, the court, if informed of
the failure, shall note on the record the failure and the prosecutor's reasons
for the failure. A prosecutor's failure to confer with a victim as required
by this division does not affect the validity of an agreement between the
prosecutor
and the defendant in the case, a pretrial diversion of the defendant,
an amendment or dismissal of an indictment, information, or
complaint filed against the defendant, a plea entered by the defendant, or any
other
disposition in the case. A COURT SHALL NOT DISMISS A
CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE REQUEST
OF THE VICTIM AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY, VILLAGE
SOLICITOR, CITY DIRECTOR OF LAW, OR OTHER CHIEF LEGAL OFFICER RESPONSIBLE FOR
THE PROSECUTION OF THE CASE.
(B) After a prosecution in a case has been commenced, the
prosecutor or a designee of the prosecutor other than a
court or court employee, to the extent practicable, promptly shall
give the victim all of the following information:
(1) The name of the offense with which the defendant in
the case has been charged and the name of the defendant;
(2) The file number of the case;
(3) A brief statement regarding the procedural steps in a
criminal case involving an offense similar to the offense with
which the defendant has been charged and the right of the
victim to be present during
all proceedings held throughout the prosecution of a case;
(4) A summary of the rights of a victim under this
chapter;
(5) Procedures the victim or the prosecutor may follow if
the victim becomes
subject to threats or intimidation by the defendant
or any other person;
(6) The name and business telephone number of a person to
contact for further information with respect to the case;
(7) The right of the victim to have a victim's representative
exercise the victim's rights under this chapter in accordance
with section 2930.02 of the Revised Code and the procedure by
which a victim's representative may be designated;
(8) Notice that any notification under division (C)
of this section and sections 2930.07 to 2930.19 of the Revised Code will be
given to the victim only if the victim asks to receive the
notification.
(C) Upon the request of the victim, the prosecutor shall give the victim
notice of the date, time, and place of any scheduled
court proceedings in the case and notice of any changes
in those proceedings or in the schedule in the case.
(D) A victim who requests notice under division (C)
of this section and who elects pursuant to division (B) of section
2930.03 of the Revised Code to receive any further notice
from the prosecutor under this chapter shall
keep the prosecutor informed of the victim's current address and
telephone number until the case is dismissed or terminated, the
defendant is acquitted or sentenced, or the appellate process is
completed, whichever is the final disposition in the case.
Sec. 2931.03. The court of common pleas has original jurisdiction of all
crimes and offenses, except in cases of minor offenses the exclusive
jurisdiction of which is vested in courts inferior to the court of common
pleas.
A JUDGE OF A COURT OF COMMON PLEAS DOES NOT HAVE THE AUTHORITY TO DISMISS A
CRIMINAL COMPLAINT, CHARGE, INFORMATION, OR INDICTMENT SOLELY AT THE REQUEST
OF THE COMPLAINING WITNESS AND OVER THE OBJECTION OF THE PROSECUTING ATTORNEY
OR OTHER CHIEF LEGAL OFFICER WHO IS RESPONSIBLE FOR THE PROSECUTION OF THE
CASE.
Section 2. That existing sections 1901.20, 1907.02, 2919.26, 2930.06, and
2931.03 of the Revised Code are hereby repealed.
|