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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 142 |
SENATORS SPADA-OELSLAGER-CUPP
A BILL
To amend sections 2903.11, 2903.12, 2903.13, 2929.13, and 2937.23 of the
Revised Code to require the court to impose a mandatory prison term for
felonious assault, aggravated assault, and assault if the victim of the
offense is a peace officer and suffers serious physical harm as a result of
the offense and to explicitly require the judge or a magistrate to set bail in
cases involving the felonious assault, aggravated assault, or assault of a
peace officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.11, 2903.12, 2903.13, 2929.13, and 2937.23 of
the Revised Code be amended to read as follows:
Sec. 2903.11. (A) No person shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's
unborn by means of a deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of felonious assault, a felony of
the second degree. If the victim of the offense is a peace officer, as
defined in section 2935.01 of the Revised Code, felonious assault is a felony
of the first degree. IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, AND IF THE
VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, FELONIOUS ASSAULT IS A FELONY OF THE FIRST DEGREE, AND THE COURT,
PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE REVISED
CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS
PRESCRIBED FOR A FELONY OF THE FIRST DEGREE.
Sec. 2903.12. (A) No person, while under the influence of
sudden passion or in a sudden fit of rage, either of which is
brought on by serious provocation occasioned by the victim that
is reasonably sufficient to incite the person into using deadly
force, shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's
unborn by
means of a deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated
assault, a felony of the fourth degree. If the victim of the
offense is a peace officer, as defined in section 2935.01 of the
Revised Code, aggravated assault is a felony of the third
degree. IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, AS
DEFINED IN SECTION 2935.01 OF THE REVISED CODE, AND IF THE
VICTIM SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE
OFFENSE, AGGRAVATED ASSAULT IS A FELONY OF THE THIRD DEGREE, AND THE COURT,
PURSUANT TO DIVISION (F) OF SECTION 2929.13 OF THE REVISED
CODE, SHALL IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS
PRESCRIBED FOR A FELONY OF THE THIRD DEGREE.
Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to another or to another's unborn.
(C) Whoever violates this section is guilty of assault.
Except as otherwise provided in division (C)(1), (2), or (3) of
this section, assault is a
misdemeanor of the first degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally impaired person under the caretaker's care, assault is
a felony
of the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.11 or 2903.16 of the
Revised Code, and if in relation to the previous conviction the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of the particular institution for business purposes or as a
visitor, and the offense is committed by a person incarcerated in
the state correctional institution, by a person institutionalized in
the department of youth services institution pursuant to a
commitment to the department of youth services, by a
probationer or parolee, by an offender under transitional
control, under
a community control sanction, or on an escorted visit, by a person under
post-release control,
or by an
offender under any other type of supervision by a government agency;
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department or
is on the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged with or
convicted
of any crime, or subsequent to the person's being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of youth services who temporarily is outside of the institution
for any purpose, by a probationer or parolee,
by an offender under transitional control, under a
community control sanction, or on an escorted visit, by a person under
post-release control, or by an offender under any other type of supervision by
a government agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while the employee is engaged in official work responsibilities, and
the offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or delinquent
act, subsequent to the person being charged with or convicted of any
crime, or subsequent to the person being alleged to be or
adjudicated a
delinquent child and who temporarily is outside of the facility
for any purpose or by a probationer or parolee, by an offender under
transitional control, under a community
control sanction, or on an escorted visit, by a person under post-release
control, or by an offender under any other type of supervision by a government
agency.
(e) The victim of the offense is a school teacher or administrator or a
school bus operator, and the offense occurs on school premises, in a school
building, on a school bus, or while the victim is outside of school premises
or a school bus and is ingaged ENGAGED in duties or official
responsibilities
associated with the victim's employement EMPLOYMENT or position
as a school teacher or
administrator or a school bus operator, including, but not limited to,
driving, accompanying, or chaperoning students at or on class or field trips,
athletic events, or other school extracurricular activities or functions
outide OUTSIDE of school premises.
(3) If the victim of the offense is a peace officer, a
fire fighter FIREFIGHTER, or a person performing emergency
medical service,
while in the performance of their official duties, assault is a
felony of the fourth degree.
(4) IF THE VICTIM OF THE OFFENSE IS A PEACE OFFICER AND IF THE VICTIM
SUFFERED SERIOUS PHYSICAL HARM AS A RESULT OF THE COMMISSION OF THE OFFENSE,
ASSAULT IS A FELONY OF THE FOURTH DEGREE, AND THE COURT, PURSUANT TO DIVISION
(F) OF SECTION 2929.13 OF THE REVISED CODE, SHALL
IMPOSE AS A MANDATORY PRISON TERM ONE OF THE PRISON TERMS PRESCRIBED FOR A
FELONY OF THE FOURTH DEGREE THAT IS AT LEAST TWELVE MONTHS IN DURATION.
(5) As used in this section:
(a) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(b) "Fire fighter FIREFIGHTER" has the same meaning as in
section
3937.41 of the Revised Code.
(c) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(d) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, a minimum security
jail established under section 341.23 or 753.21 of
the Revised Code, or another county, multicounty, municipal,
municipal-county, or multicounty-municipal facility used for the
custody of persons arrested for any crime or delinquent act,
persons charged with or convicted of any crime, or persons
alleged to be or adjudicated a delinquent child.
(e) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the local correctional facility and who operates or assists in
the operation of the facility.
(f) "School," "school building," and "school premises" have the same meanings
as in section 2925.01 of the Revised Code.
(g) "School teacher or administrator" means either of the following:
(i) A person who is employed in the public schools of the state under a
contract described in section 3319.08 of the Revised Code in a position in
which the person is required to have a certificate issued pursuant to sections
3319.22 to 3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for which the state board
of education prescribes minimum standards under section 3301.07 of the Revised
Code and who is certificated in accordance with section 3301.071 of the
Revised Code.
(h) "School bus" has the same meaning as in section 4511.01 of the Revised
Code.
(i) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(j) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(k) "Post-release control" and "transitional control" have the
same meanings as in section 2967.01 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense, in addition to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable:
(1) If division (G)(1) of this section requires that the offender
be sentenced to a mandatory term of local incarceration, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) If division (G)(2) of this section requires that the offender
be sentenced to a mandatory prison term, an additional prison term as
described in division (D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical harm to a person.
(b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon.
(c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person.
(d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code.
(g) The offender previously served a prison term.
(h) The offender previously was subject to a community control
sanction, and the offender committed
another offense while under the sanction.
(2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h)
of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender.
(C) Except as provided in division (E)
or (F) of this section, in determining whether to impose a prison
term as a sanction for a felony of the
third degree or a felony drug offense that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony drug
offense in violation of a provision of Chapter 2925.,
3719., or 4729. of the Revised Code violates the conditions of a community
control sanction imposed for the offense solely by
possessing or using a
controlled substance and if the offender has not failed to meet the conditions
of any drug treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as punishment for the
violation of the sanction, shall order that the offender participate in a drug
treatment program or in alcoholics anonymous, narcotics anonymous, or a
similar program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. If the court determines that an order of that
nature would not be consistent with those purposes and principles or if the
offender violated the conditions of a drug treatment program in which the
offender participated as a sanction for the offense, the court may impose on
the offender a sanction authorized for the violation of the sanction,
including a prison term.
(F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code, shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape by force
when
the victim is under
thirteen years of age;
(3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, the former offense of felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under thirteen years of age;
(4) A felony violation of section 2903.06, 2903.07,
or 2903.08, 2903.11, 2903.12, OR
2903.13 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree;
(9) Any sexually violent offense for which the offender also is convicted
of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the indictment, or
information charging the sexually violent offense;
(10) A violation of division (A)(1) or (2) of section 2921.36 of the Revised
Code, or a violation of division (C) of that section involving an item listed
in division (A)(1) or (2) of that section, if the offender is an officer or
employee of the department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following:
(1) Except as provided in division (G)(2) of this section, the
court shall impose upon the offender a mandatory term of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code and shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory term of local
incarceration in prison. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender previously has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code and shall not reduce the term pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for a fourth degree felony
OMVI offense. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into under section
9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders sentenced to
a mandatory prison term under this division are placed in the privately
operated and managed prison so that the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in any
intensive program prison established pursuant
to section 5120.033 of the Revised Code other
than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies:
(1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense.
(2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section.
Sec. 2937.23. (A)(1) In a case involving a felony OR A VIOLATION
OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE REVISED CODE
WHEN THE VICTIM OF THE OFFENSE IS A PEACE OFFICER, the
judge or magistrate shall fix the amount of bail. In
(2) IN a case involving a
misdemeanor or a violation of a municipal ordinance and not involving a
felony OR A VIOLATION OF SECTION 2903.11, 2903.12, OR 2903.13 OF THE
REVISED CODE WHEN THE VICTIM OF THE OFFENSE IS A PEACE
OFFICER, the judge, magistrate, or clerk of the court may fix the amount
of bail and may do so in accordance with a schedule previously
fixed by the judge or
magistrate, or, in a case when. IF the judge,
magistrate, or clerk of
the court is not readily available, the
sheriff, deputy sheriff, marshal, deputy marshal, police officer,
or jailer having custody of the person charged may fix the
amount of bail in
accordance with a schedule previously fixed by the judge or
magistrate and shall take the bail only in the county
courthouse, the municipal or township building, or the county or municipal
jail. In
(3) IN all cases, the bail shall be fixed with consideration
of
the seriousness of the offense charged, the previous criminal record
of the defendant, and the probability of the defendant
appearing at the trial of the case.
(B) In any case involving an alleged violation of section
2919.27 of the Revised Code or of a municipal ordinance that is
substantially similar to that section and in which the court
finds that either of the following criteria applies, the court
shall determine whether it will order an evaluation of the mental condition of
the defendant pursuant to section 2919.271 of the Revised
Code and, if it decides to so order, shall issue the order requiring
that evaluation before it sets bail for the person charged with the violation:
(1) Regarding an alleged violation of a protection
order issued or consent agreement approved pursuant to section
2919.26 or 3113.31 of the Revised Code, that the
violation
allegedly involves conduct by the
defendant that caused
physical harm to the person or property of a family or household
member covered by the order or agreement or conduct by that
defendant that caused a family or household member to believe
that the defendant would cause physical harm to that member or
that member's property;
(2) Regarding an alleged violation of a
protection order issued pursuant to section 2903.213 or 2903.214 of the
Revised Code, or a protection order issued by a
court of another state,
as defined in section 2919.27 of the Revised Code, that the violation
allegedly
involves conduct by the defendant that caused physical
harm to the person or property of the person covered by the order
or conduct by that defendant that caused the person covered by
the order to believe that the defendant would cause physical harm
to that person or that person's property.
(C) AS USED IN THIS SECTION, "PEACE OFFICER" HAS THE SAME MEANING
AS IN SECTION 2935.01 OF THE REVISED CODE.
Section 2. That existing sections 2903.11, 2903.12, 2903.13, 2929.13, and
2937.23 of the Revised Code are hereby repealed.
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