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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 137 |
REPRESENTATIVES CAREY-THOMAS-TAYLOR-SULZER-SCHULER-TERWILLEGER-
WILLAMOWSKI-BRADING-OGG-VAN VYVEN-PRINGLE-MEAD-EVANS-
CLANCY-MOTTLEY-HOLLISTER-VESPER-OLMAN-HARRIS-PADGETT-
WOMERBENJAMIN-DePIERO-CALLENDER-HAINES-CORBIN-SALERNO-
O'BRIEN-GRENDELL-BATEMAN-PERZ-METZGER-WINKLER-SUTTON-PERRY-
WILSON-FLANNERY-HOOPS-AMSTUTZ-LOGAN-CATES-
SENATOR SMALLORY-FINGERHUT-SHOEMAKER-LATTA
A BILL
To amend sections 2903.211, 2903.213, 2909.04, 2917.11, 2917.13, 2919.26,
2921.31, and 2937.222 of the
Revised Code to extend the offenses of disrupting public services and
misconduct at an emergency to activities of emergency medical services
personnel, to increase the penalties for misconduct at an emergency and
obstructing official business if risk of physical harm is involved, to
increase the penalty for disorderly conduct if committed in the presence of
certain authorized persons performing duties at the scene of an emergency,
to specify that "pattern of conduct" in menacing by stalking includes actions
obstructing a public official's, firefighter's, rescuer's, or emergency
medical services person's performance of authorized acts,
to
increase the penalty for menacing by stalking in specified
circumstances, to permit the denial of bail for a person accused
of menacing by stalking in circumstances in which it is a felony,
and to revise who may request, or be protected by, an
anti-stalking temporary protection order or domestic violence
temporary protection order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.211, 2903.213, 2909.04, 2917.11, 2917.13,
2919.26, 2921.31, and 2937.222 of
the Revised Code be amended to read as follows:
Sec. 2903.211. (A) No person by engaging in a pattern of
conduct shall knowingly cause another to believe that the
offender will cause physical harm to the other person or cause
mental distress to the other person.
(B) Whoever violates this section is guilty of menacing by
stalking, a misdemeanor of the first degree. If the.
(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF
THIS SECTION, MENACING BY STALKING IS A MISDEMEANOR OF THE FIRST DEGREE.
(2) MENACING BY STALKING IS A FELONY OF THE FOURTH DEGREE IF ANY OF THE
FOLLOWING APPLIES:
(a) THE
offender
previously has been convicted of or pleaded guilty to a violation
of this section, menacing by stalking is a felony of the
fifth degree
OR A VIOLATION OF SECTION 2911.211 of the Revised Code.
(b) IN COMMITTING THE OFFENSE, THE OFFENDER MADE A THREAT OF
PHYSICAL HARM TO OR AGAINST THE VICTIM.
(c) IN COMMITTING THE OFFENSE, THE OFFENDER TRESPASSED ON
THE LAND OR PREMISES WHERE THE VICTIM LIVES, IS EMPLOYED, OR ATTENDS
SCHOOL.
(d) THE VICTIM OF THE OFFENSE IS A MINOR.
(e) THE OFFENDER HAS A HISTORY OF VIOLENCE TOWARD THE VICTIM OR
ANY OTHER PERSON OR A HISTORY OF OTHER VIOLENT ACTS TOWARD THE VICTIM OR
ANY OTHER PERSON.
(f) WHILE COMMITTING THE OFFENSE, THE OFFENDER HAD A DEADLY
WEAPON ON OR ABOUT THE OFFENDER'S PERSON OR UNDER THE OFFENDER'S
CONTROL.
(g) AT THE TIME OF THE COMMISSION OF THE OFFENSE, THE OFFENDER
WAS THE SUBJECT OF A PROTECTION ORDER ISSUED UNDER SECTION 2903.213 OR
2903.214 of the Revised Code, REGARDLESS OF WHETHER THE
PERSON TO BE PROTECTED UNDER THE ORDER IS THE VICTIM OF THE OFFENSE OR
ANOTHER PERSON.
(h) IN COMMITTING THE OFFENSE, THE OFFENDER CAUSED SERIOUS
PHYSICAL HARM TO
THE PREMISES AT WHICH THE VICTIM RESIDES, TO THE REAL PROPERTY ON WHICH THAT
PREMISES IS LOCATED, OR TO ANY
PERSONAL PROPERTY LOCATED ON THAT PREMISES.
(i) THE OFFENDER PREVIOUSLY HAS BEEN FOUND TO BE A MENTALLY ILL
PERSON SUBJECT TO HOSPITALIZATION BY COURT ORDER, AS DEFINED IN SECTION
5122.01 of the Revised Code, UNDER THE CRITERIA SET FORTH
IN DIVISION (B)(1) OR (2) OF THAT SECTION, OR THE OFFENDER
PREVIOUSLY HAD BEEN VOLUNTARILY ADMITTED UNDER SECTION 5122.02 of the Revised Code AND, AS
THE BASIS FOR OR SUBSEQUENT TO THAT
VOLUNTARY ADMISSION, THE OFFENDER WAS DETERMINED TO REPRESENT A RISK TO
SELF OR OTHERS TO THE EXTENT DESCRIBED IN DIVISION (B)(1)
OR (2) OF SECTION 5122.01 of the Revised Code.
(C) As used in this section:
(1) "Pattern of conduct" means two or more actions or
incidents closely related in time, whether or not there has been
a prior conviction based on any of those actions or incidents. ACTIONS OR
INCIDENTS THAT PREVENT, OBSTRUCT, OR DELAY THE PERFORMANCE BY A PUBLIC
OFFICIAL, FIREFIGHTER, RESCUER, OR EMERGENCY MEDICAL SERVICES PERSON OF ANY
AUTHORIZED ACT WITHIN THE PUBLIC OFFICIAL'S, FIREFIGHTER'S, RESCUER'S, OR
EMERGENCY MEDICAL SERVICES PERSON'S OFFICIAL CAPACITY
MAY CONSTITUTE A "PATTERN OF CONDUCT."
(2) "Mental distress" means any mental illness or
condition that involves some temporary substantial incapacity or
mental illness or condition that would normally require
psychiatric treatment.
(3) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF
"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 2133.21 of the Revised Code.
(4) "PUBLIC OFFICIAL" HAS THE SAME MEANING AS IN SECTION 2921.01
of the Revised Code.
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, THE ALLEGED VICTIM,
OR A FAMILY OR HOUSEHOLD MEMBER OF AN ALLEGED VICTIM may file a motion
that requests the issuance of 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, THE ALLEGED VICTIM, OR THE FAMILY OR
HOUSEHOLD MEMBER may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code.
(B) A motion for a protection order under
this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows:
"Motion for Protection Order
.................
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 protection order
containing terms designed to ensure the safety and protection of
the complainant OR THE ALLEGED VICTIM IN THE ABOVE-CAPTIONED
CASE, in relation to the named defendant, pursuant to
its authority to issue 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 2903.11, 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 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 PERSON
.....................................
Address of complainant PERSON"
(C)(1) As soon as possible after the filing of a motion that
requests the issuance of 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 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 court finds that the safety and protection of the
complainant OR THE ALLEGED VICTIM may be impaired by the continued
presence of the
alleged offender, the court may issue 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 OR THE
ALLEGED VICTIM,
including a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant OR THE ALLEGED VICTIM.
(2)(a) If
the court issues a protection order under this section that
includes a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant OR THE ALLEGED VICTIM, the order shall clearly state
that the order
cannot be waived or nullified by an invitation to the alleged
offender from the complainant, THE ALLEGED VICTIM, OR A FAMILY OR
HOUSEHOLD MEMBER to enter the residence, school,
business, or place of employment or by the alleged offender's
entry into one of those places otherwise upon the consent of the
complainant, THE ALLEGED VICTIM, OR A FAMILY OR HOUSEHOLD
MEMBER.
(b) Division
(C)(2)(a)
of this section does not limit any discretion of a court to
determine that an alleged offender charged with a violation of
section 2919.27 of the Revised Code, with a violation of a
municipal ordinance substantially equivalent to that section, or
with contempt of court, which charge is based on an alleged
violation of a protection order issued under this section, did
not commit the violation or was not in contempt of court.
(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, the court, upon its own
motion, may issue 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 OR THE ALLEGED VICTIM may be impaired by
the continued
presence of the alleged offender.
(2) If the court issues 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.
(3) If a municipal court or a county
court issues a 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, as though it were an order of the
court of common pleas, 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, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or county
court. 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 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, by the court that
issued the order or, in the circumstances described in division
(D)(3) 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 the
order 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 a protection order
under this section.
(G)(1) A copy of a protection order that
is issued under this section shall be issued by the court to the
complainant, TO THE ALLEGED VICTIM, TO THE PERSON WHO REQUESTED THE
ORDER, 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
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)(3)
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 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.
(3) 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
a protection order issued pursuant to this
section in accordance with the
provisions of the order.
(H) Upon a violation of a protection order
issued pursuant to this section,
the court may issue another 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. 2909.04. (A) No person, purposely by any means, or
knowingly by damaging or tampering with any property, shall do
any of the following:
(1) Interrupt or impair television, radio, telephone,
telegraph, or other mass communications service, or; police,
fire,
or other public service communications, or; radar, loran, radio,
or other electronic aids to air or marine navigation or
communications,; or amateur or citizens band radio
communications
being used for public service or emergency communications;
(2) Interrupt or impair public transportation, including
without limitation school bus transportation, or water supply,
gas, power, or other utility service to the public;
(3) Substantially impair the ability of law enforcement
officers, firemen FIREFIGHTERS, or rescue
personnel,
OR EMERGENCY MEDICAL SERVICES PERSONNEL to respond
to an
emergency, or to protect and preserve any person or property from
serious physical harm.
(B) Whoever violates this section is guilty of disrupting
public services, a felony of the fourth degree.
(C) "EMERGENCY MEDICAL SERVICES PERSONNEL" HAS THE SAME
MEANING AS IN SECTION 2133.21 of the Revised Code.
Sec. 2917.11. (A) No person shall recklessly cause
inconvenience, annoyance, or alarm to another, by doing any of
the following:
(1) Engaging in fighting, in threatening harm to persons
or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display, or communicating unwarranted and
grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under
circumstances in which such THAT conduct is likely to provoke a
violent response;
(4) Hindering or preventing the movement of persons on a
public street, road, highway, or right-of-way, or to, from,
within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no
lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to
persons or that presents a risk of physical harm to
persons or property, by any act that serves no lawful and
reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do
either of the following:
(1) In a public place or in the presence of two or more
persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender
were not
intoxicated, should know is likely to have that effect on
others;
(2) Engage in conduct or create a condition that presents
a risk of physical harm to the offender or another, or
to the property of another.
(C) Violation of any statute or ordinance of which an
element is operating a motor vehicle, locomotive, watercraft,
aircraft, or other vehicle while under the influence of alcohol
or any drug of abuse, is not a violation of division (B) of this
section.
(D) When to an ordinary observer IF a person appears TO AN
ORDINARY OBSERVER to be
intoxicated, it is probable cause to believe that person is
voluntarily intoxicated for purposes of division (B) of this
section.
(E)(1) Whoever violates this section is guilty of disorderly
conduct. Except
(2) EXCEPT as otherwise provided in this division
(E)(3) OF THIS SECTION,
disorderly conduct is a minor misdemeanor.
If the
(3) DISORDERLY CONDUCT IS A MISDEMEANOR OF THE FOURTH DEGREE IF
ANY OF THE FOLLOWING APPLIES:
(a) THE
offender persists in disorderly conduct after
offender persists in disorderly conduct after reasonable warning or
request to desist or if the.
(b) THE offense is committed in the vicinity of a
school or in a school safety zone,
disorderly conduct is a misdemeanor of the fourth degree.
(c) THE OFFENSE IS COMMITTED IN THE PRESENCE OF ANY LAW
ENFORCEMENT OFFICER, FIREFIGHTER, RESCUER, MEDICAL PERSON, EMERGENCY MEDICAL
SERVICES PERSON, OR OTHER AUTHORIZED PERSON WHO IS ENGAGED IN THE PERSON'S
DUTIES AT THE SCENE OF A FIRE, ACCIDENT, DISASTER, RIOT, OR EMERGENCY OF ANY
KIND.
(F) As used in this section, "committed:
(1) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF
"EMERGENCY
MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 2133.21 of the Revised Code.
(2) "COMMITTED
in the vicinity of a school" has
the
same meaning as in section 2925.01 of the Revised Code.
Sec. 2917.13. (A) No person shall knowingly DO ANY OF THE FOLLOWING:
(1) Hamper the lawful operations of any law enforcement officer,
fireman FIREFIGHTER, rescuer, medical person, EMERGENCY
MEDICAL SERVICES PERSON, or other authorized person, engaged in
his
THE PERSON'S duties at
the scene of a fire, accident, disaster, riot, or emergency of any kind;
(2) Fail to obey the lawful order of any law enforcement officer engaged in
his THE LAW ENFORCEMENT OFFICER'S duties at the scene of or in
connection with a fire, accident, disaster,
riot, or emergency of any kind.
(B) Nothing in this section shall be construed to limit access or deny
information to any news media representative in the lawful exercise of
his THE NEWS MEDIA REPRESENTATIVE'S
duties.
(C) Whoever violates this section is guilty of misconduct at an
emergency,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
MISCONDUCT AT AN EMERGENCY IS a minor misdemeanor. If A violation
of this
section creates a risk of physical
harm to persons or property, misconduct at an emergency is a misdemeanor of
the fourth FIRST degree.
(D) "EMERGENCY MEDICAL SERVICES PERSON" IS THE SINGULAR OF
"EMERGENCY MEDICAL SERVICES PERSONNEL" AS DEFINED IN SECTION 2133.21
of the Revised Code.
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, THE ALLEGED VICTIM, OR A FAMILY OR HOUSEHOLD MEMBER OF
AN ALLEGED VICTIM
may file, or, if in an emergency the complainant ALLEGED VICTIM
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 ALLEGED VICTIM, 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 VICTIM
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, ALLEGED VICTIM, 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
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 PERSON
(or signature of the arresting officer who filed the motion on
behalf of the complainant ALLEGED VICTIM)
..........................................
Address of complainant PERSON (or office address of the
arresting
officer who filed the motion on behalf of the complainant ALLEGED
VICTIM)"
(C)(1) 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, ALLEGED VICTIM, or any 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, ALLEGED VICTIM, or the
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, ALLEGED VICTIM, or the family or
household member.
(2)(a) If the court issues a temporary protection order that includes a
requirement that the alleged offender refrain from entering the residence,
school, business, or place of employment of the complainant, THE
ALLEGED VICTIM, or the family or
household member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from the
complainant, ALLEGED VICTIM, or family or household
member to enter the residence, school,
business, or place of employment or by the alleged offender's entry into one
of those places otherwise upon the consent of the complainant,
ALLEGED VICTIM, or family or
household member.
(b) Division (C)(2)(a) of this section does not limit any discretion of a
court to determine that an alleged offender charged with a violation of
section 2919.27 of the Revised Code, with a violation of a municipal ordinance
substantially equivalent to that section, or with contempt of court, which
charge is based on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in contempt of
court.
(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, ALLEGED VICTIM, 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 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, as though it were an order of the
court of common pleas, 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, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or county
court.
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 the
order is based;
(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 ALLEGED VICTIM, TO THE PERSON WHO REQUESTED THE
ORDER, 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, ALLEGED VICTIM, OR OTHER PERSON 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,
THE ALLEGED VICTIM,
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, ALLEGED
VICTIM, 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, ALLEGED VICTIM, 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, ALLEGED VICTIM, 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, ALLEGED VICTIM, 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. 2921.31. (A) No person, without privilege to do so and with purpose to
prevent, obstruct, or delay the performance by a public official of any
authorized act within his THE PUBLIC OFFICIAL'S official
capacity, shall do any act which THAT hampers or
impedes a public official in the performance of his THE PUBLIC
OFFICIAL'S lawful duties.
(B) Whoever violates this section is guilty of obstructing official
business,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
OBSTRUCTING OFFICIAL BUSINESS IS a misdemeanor of the second degree.
IF A VIOLATION OF THIS SECTION CREATES A RISK OF PHYSICAL HARM TO ANY
PERSON, OBSTRUCTING OFFICIAL BUSINESS IS A FELONY OF THE FIFTH DEGREE.
Sec. 2937.222. (A) On the motion of the prosecuting attorney or
on the judge's own motion, the judge shall hold a hearing to determine whether
an accused person charged with aggravated murder when it is not a capital
offense, murder, a felony of the first or second degree, a violation of
section 2903.06 of the Revised Code, A VIOLATION OF SECTION 2903.211 of the Revised Code
THAT IS A FELONY or a fourth degree felony OMVI
offense shall
be denied bail. The judge shall order that the accused be detained until the
conclusion of the hearing. Except for good cause, a
continuance on the motion of the state shall not exceed three court
days. Except for good cause,
a continuance on the motion of the accused shall not exceed five court days
unless the motion of the accused waives in writing the five-day limit and
states in writing a specific period for which the accused requests a
continuance. A continuance granted upon a motion of the accused that waives
in writing the five-day limit shall not exceed five court days after the
period of continuance requested in the motion.
At the hearing, the accused has the right to be
represented by counsel and, if the accused is indigent, to have
counsel appointed. The judge shall afford the
accused an opportunity to testify, to present witnesses and
other information, and to cross-examine witnesses who appear at
the hearing. The rules concerning admissibility of evidence in criminal
trials do not apply to the presentation and consideration of information at
the hearing. Regardless of
whether the hearing is being held on the motion of the
prosecuting attorney or on the court's own motion, the
state has the burden of proving that the proof is
evident or the presumption great that the accused committed the
offense with which the accused is charged, of proving that
the accused poses a substantial risk of serious physical harm to
any person or to the community, and of proving that no release conditions will
reasonably assure the safety of that person and the community.
The judge may reopen the
hearing at any time before trial if the judge
finds that information exists that was not known to the movant
at the time of the hearing and that that information has a material bearing on
whether bail should be denied. If a municipal court or
county court enters an order denying bail, a judge of the court of
common pleas having jurisdiction over the case may continue that
order or may hold a hearing pursuant to this section to determine
whether to continue that order.
(B) No accused person shall be denied bail
pursuant to this section unless the judge finds by clear and convincing
evidence that the proof
is evident or the presumption great that the accused committed
the offense described in division
(A) of this section with which
the accused is charged, finds by clear and convincing evidence that the
accused poses a substantial
risk of serious physical harm to any person or to the community, and finds by
clear and convincing evidence that no release conditions will reasonably
assure the safety of that person
and the community.
(C) The judge, in determining whether the accused person
described
in division (A) of this section
poses a substantial risk of serious physical harm to any person
or to the community and whether there are conditions of release that will
reasonably assure the safety of that person and the community, shall consider
all available
information regarding all of the following:
(1) The nature and circumstances of the offense charged,
including whether the offense is an offense of violence or
involves alcohol or a drug of abuse;
(2) The weight of the evidence against the accused;
(3) The history and characteristics of the accused,
including, but not limited to, both of the following:
(a) The character, physical and mental condition,
family ties, employment, financial resources, length of
residence in the community, community ties, past conduct,
history relating to drug or alcohol abuse, and criminal history
of the accused;
(b) Whether, at the time of the current alleged
offense or at the time of the arrest of the accused, the accused was on
probation, parole,
post-release control, or other release pending trial,
sentencing, appeal, or completion of sentence for the commission
of an offense under the laws of this state, another state, or
the United States or under a municipal ordinance.
(4) The nature and seriousness of the danger to any person
or the community that would be posed by the person's release.
(D)(1) An order of the court of
common pleas denying bail pursuant to this section is a final appealable
order. In an appeal pursuant
to division (D) of this section, the court of appeals shall do all
of the following:
(a) Give the appeal priority on its calendar;
(b) Liberally modify or dispense with formal requirements in the
interest of a speedy and just resolution of the appeal;
(c) Decide the appeal expeditiously;
(d) Promptly enter its judgment affirming or reversing the order
denying bail.
(2) The pendency of an appeal under this section does not deprive
the court of common pleas of jurisdiction to conduct further proceedings
in the case or to further consider the order denying bail in accordance
with this section. If, during the pendency of an appeal under
division (D) of this section, the court of common pleas sets aside
or terminates the order denying bail, the court of appeals shall dismiss
the appeal.
(E) As used in this section:
(1) "Court day" has the same meaning as in section
5122.01 of the Revised
Code.
(2) "Fourth degree felony OMVI offense" has the same
meaning as in section 2929.01 of the Revised Code.
Section 2. That existing sections 2903.211, 2903.213, 2909.04, 2917.11,
2917.13, 2919.26,
2921.31, and 2937.222 of the Revised Code are hereby repealed.
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