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Sub. H. B. No. 8As Reported by the Senate Judiciary--Criminal Justice Committee
As Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Hughes, Womer Benjamin, Latta, DePiero, S. Smith, Reidelbach, Young, Sykes, Perry, Willamowski, Jerse, Flowers, Goodman, Sullivan, Coates, Allen, Niehaus, Wolpert, Cates, Schmidt, Carey, Roman, Driehaus, Peterson, G. Smith, Reinhard, Metzger, Clancy, Wilson, Gilb, Evans, Williams, Raga, Salerno, Core, Seitz, Patton, Lendrum, Otterman, Sulzer, Collier, Widowfield, Manning, Hollister, Barnes, Cirelli, Carmichael, Distel, Aslanides, Ogg, Schneider, White, DeWine, Husted, D. Miller, Key, Woodard, Rhine, Boccieri, Redfern, Schaffer
A BILL
To amend sections 2301.03, 2907.01, and 2907.35 of the
Revised
Code to
expand the
definition of "material"
in the
Sex
Offense Laws to include any
image
appearing on
a
computer monitor or similar display
device or
recorded on a
computer disk,
magnetic
tape, or
similar data
storage device, to create
exemptions and an affirmative defense to certain
offenses under
those laws, and to create an
additional term for the drug court judge of the
Hamilton County Court of Common Pleas.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2301.03, 2907.01, and 2907.35 of
the Revised
Code be
amended to
read as follows:
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
Chapters 2151. and 2152. of the Revised Code,
all
parentage proceedings under
Chapter 3111. of the Revised Code over
which the juvenile court
has jurisdiction, and all divorce,
dissolution of marriage, legal
separation, and annulment cases
shall be assigned to them. In
addition to the judge's regular
duties, the judge who is
senior in point
of service shall serve on
the children services board and the
county advisory board and
shall be the administrator of the
domestic relations division and
its subdivisions and departments. (1) The judge of the court of
common pleas, whose term
begins on January 1, 1957, and
successors, and the judge of the
court of common pleas, whose
term begins on February 14, 1967, and
successors, shall be the
juvenile judges as provided in Chapters
2151.
and 2152. of the Revised Code,
with the powers and
jurisdiction conferred by those
chapters. (2) The judges of the court of common pleas whose terms
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court
of common pleas, division of domestic relations, and shall
have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the
division before the first day of
August, a majority of the judges
of the Hamilton
county court of common pleas, as soon as possible
after that
date, shall elect one of the judges of the division of
domestic
relations as administrative judge of that division. The
term of
the administrative judge shall begin on the earlier of the
first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is
elected by a
majority of the
judges of the Hamilton
county court
of common pleas and shall terminate on the date on
which the
administrative judge's successor is elected in the
following
year. In addition to the judge's regular duties, the
administrative
judge
of the division of domestic relations shall be the
administrator
of the domestic relations division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
including any
referees considered necessary by the judges in the
discharge of
their various duties. The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution
of marriage, legal separation, and annulment cases
and counseling
and conciliation services that may be made
available to persons
requesting them, whether or not the persons
are parties to an
action pending in the division. The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of
the division of domestic relations, including reasonable
expenses
of the domestic relations judges and the division
counselors and
other employees designated to conduct the
handling, servicing, and
investigation of divorce, dissolution of
marriage, legal
separation, and annulment cases, conciliation and
counseling, and
all matters relating to those cases and
counseling, and the
expenses involved in the attendance of
division personnel at
domestic relations and welfare conferences
designated by the
division, and the further sum each year as will
provide for the
adequate operation of the division of domestic
relations. The compensation and expenses of all employees and the
salary
and expenses of the judges shall be paid by the county
treasurer
from the money appropriated for the operation of the
division,
upon the warrant of the county auditor, certified to by
the
administrative judge of the division of domestic relations. The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs
in the case involved. (3) The judge of the court of common pleas of
Hamilton
county whose term begins on
January 3, 1997,
and the successor to
that judge whose term begins on January 3, 2003, shall
each be
elected and
designated for one term only as the drug court judge
of the court
of common
pleas of
Hamilton
county, and the. The
successors to
that
the judge
whose term begins on January 3, 2003,
shall be elected
and designated as judges
of the general
division
of the court of common pleas
of Hamilton
county and shall
not have
the
authority granted by division (B)(3)
of this
section.
The drug
court judge may accept or reject any
case referred to the
drug
court judge under division (B)(3) of
this
section. After the
drug
court judge accepts a referred case,
the drug court
judge has
full
authority over the case, including
the authority to
conduct
arraignment, accept pleas, enter findings
and dispositions,
conduct
trials, order treatment, and if
treatment is not
successfully completed
pronounce and enter
sentence.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the
Hamilton
county municipal
court may refer to
the drug court judge any case,
and any
companion cases, the judge determines
meet the criteria
described
under divisions
(B)(3)(a) and
(b) of this section. If
the drug
court judge accepts
referral of a referred case, the
case, and any
companion cases, shall be
transferred
to the drug
court judge. A
judge may refer a case meeting the criteria
described in divisions
(B)(3)(a)
and (b) of this section that
involves a violation of
a
term of probation to the drug court
judge, and, if the drug court
judge
accepts
the referral, the
referring judge and the drug court
judge have
concurrent
jurisdiction over the case. A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the Hamilton
county municipal
court may refer a case to the drug court judge
under division
(B)(3)
of this section if the judge determines that
both of the
following apply: (a) One of the following applies: (i) The case involves a drug abuse offense, as defined in
section
2925.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor. (ii) The case involves a theft offense, as defined in
section
2913.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor,
and the defendant is drug or alcohol
dependent or in danger of
becoming drug or alcohol dependent and would benefit
from
treatment. (b) All of the following apply: (i) The case involves a probationable offense or a case in
which
a mandatory prison term is not required to be imposed. (ii) The defendant has no history of violent behavior. (iii) The defendant has no history of mental illness. (iv) The defendant's current or past behavior, or both, is
drug
or alcohol driven. (v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process. (vi) The defendant has no acute health condition. (vii) If the defendant is incarcerated, the county
prosecutor
approves of the referral. (4) If the administrative judge of the court of common pleas
of
Hamilton county determines that the volume of cases pending
before
the drug court judge does not constitute a sufficient
caseload for the drug
court judge, the administrative judge, in
accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the
general docket of the court. If the assignments so occur, the
administrative
judge shall cease the assignments when the
administrative judge determines
that the volume of cases pending
before the drug court judge constitutes a
sufficient caseload for
the drug court judge. (C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999,
and successors, shall have the same
qualifications, exercise the
same powers and jurisdiction, and
receive the same compensation
as the other judges of the court of
common pleas of Lorain county
and shall be elected and designated
as the judges of the court of
common pleas, division of domestic
relations. They shall have
all of the powers relating to juvenile
courts, and all cases
under Chapters 2151. and 2152.
of the
Revised Code, all parentage
proceedings over which the juvenile
court has jurisdiction, and
all divorce, dissolution of marriage,
legal separation, and
annulment cases shall be assigned to them,
except cases
that for some special reason are assigned to some
other judge of
the court of common pleas. (1) The judges of the court of common
pleas whose terms
begin on January 1, 1955, and January 3, 1965,
and successors,
shall have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation
as other judges of
the court of common pleas of Lucas county and
shall be elected and
designated as judges of the court of common
pleas, division of
domestic relations. All divorce, dissolution
of marriage, legal
separation, and annulment cases shall be
assigned to them. The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all
other personnel of the domestic relations division. (2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Lucas county, shall be elected
and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in
Chapters 2151. and 2152. of the Revised Code
with the powers and
jurisdictions
conferred by those chapters. In addition to the
judge's
regular duties,
the judge of the court of common pleas,
juvenile division, senior
in point of service, shall be the
administrator of the juvenile
division and its subdivisions and
departments and shall have
charge of the employment, assignment,
and supervision of the
personnel of the division engaged in
handling, servicing, or
investigating juvenile cases, including
any referees considered
necessary by the judges of the division in
the discharge of their
various duties. The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties
of the personnel of the division. The duties of the
personnel, in
addition to other statutory duties include the
handling,
servicing, and investigation of juvenile cases and
counseling and
conciliation services that may be made available
to persons
requesting them, whether or not the persons are
parties to an
action pending in the division. (3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by
the
judges of
the other of those divisions. (1) The judge of the court of
common pleas whose term began
on January 1, 1955, and successors,
shall have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as other judges
of the court of
common pleas of Mahoning county, shall be elected
and designated
as judge of the court of common pleas, division of
domestic
relations, and shall be assigned all
the
divorce, dissolution of
marriage, legal separation, and annulment
cases coming before the
court. In addition to the judge's
regular duties, the judge of
the court of common pleas, division of
domestic relations, shall
be the administrator of the domestic
relations division and its
subdivisions and departments and shall
have charge of the
employment, assignment, and supervision of the
personnel of the
division engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
in the discharge of
the various duties of the judge's
office. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall
be the juvenile judge as provided in Chapters
2151. and
2152. of the Revised
Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties,
the
judge of the
court of common pleas, juvenile division,
shall be the
administrator of the juvenile division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating juvenile
cases, including
any referees considered necessary by the judge in
the discharge
of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of
cases
pending in that judge's division necessitates it,
that
judge's duties shall be performed by
another judge of the court of
common pleas. (F) In Montgomery county: (1) The judges of the court of
common pleas whose terms
begin on January 2, 1953, and January 4,
1977, and successors,
shall have the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as other judges of
the court of common pleas of
Montgomery county and shall be
elected and designated as judges
of the court of common pleas,
division of domestic relations.
These judges shall have assigned
to them all divorce, dissolution
of marriage, legal separation,
and annulment cases. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment
and division of the work of the division and shall
have charge of
the employment and supervision of the personnel of
the division
engaged in handling, servicing, or investigating
divorce,
dissolution of marriage, legal separation, and annulment
cases,
including any necessary referees, except those employees
who may
be appointed by the judge, junior in point of service,
under this
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised
Code. The judge of the division of domestic
relations, senior in
point of service, also shall designate the
title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. (2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Montgomery county, shall be
elected
and designated as judges of the court of common pleas,
juvenile
division, and shall be, and have the powers and
jurisdiction of,
the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code. In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of
service,
shall be the administrator of the juvenile division and
its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence,
and vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common
pleas, juvenile division, is sick, absent, or unable to
perform
that judge's duties or the volume of cases pending
in
that judge's
division necessitates it, the duties of that
judge may be
performed by the
judge or judges of the other of those divisions. (G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the
powers
relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of
the Revised Code, all parentage proceedings
over which the
juvenile court has jurisdiction, and all divorce,
dissolution of
marriage, legal separation, and annulment cases
shall be assigned
to that judge, except in cases that for some
special reason
are assigned
to some other judge of the court of
common pleas. (H) In Stark county, the judges of the court of common
pleas
whose terms begin on January 1, 1953, January 2, 1959, and
January
1, 1993, and successors, shall have the same
qualifications,
exercise the same powers and jurisdiction, and
receive the same
compensation as other judges of the court of
common pleas of Stark
county and shall be elected and designated
as judges of the court
of common pleas, division of domestic
relations. They shall have
all the powers relating to juvenile
courts, and all cases under
Chapters 2151.
and 2152. of the Revised Code,
all parentage
proceedings over which the juvenile court has
jurisdiction, and
all divorce, dissolution of marriage, legal
separation, and
annulment cases, except cases that are assigned
to some other
judge of the court of common pleas for some special
reason, shall
be assigned to the judges. The judge of the division of domestic relations, second
most
senior in point of service, shall have charge of the
employment
and supervision of the personnel of the division
engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
and necessary
referees required for the judge's respective
court. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who
may be
appointed by the judge second most senior in point of
service. The senior
judge further shall serve in every
other
position in which the statutes permit or require a
juvenile judge
to serve. (1) The judges of the court of common pleas whose terms
begin on January 4, 1967, and January 6, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Summit county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them and hear all
divorce,
dissolution of marriage, legal separation, and annulment
cases
that come before the court.
Except in cases that are subject to
the exclusive original
jurisdiction of the juvenile court, the
judges of the division of
domestic relations shall have assigned
to them and hear all cases
pertaining to paternity, custody,
visitation, child support, or
the allocation of parental rights
and responsibilities for the
care of children and all post-decree
proceedings arising from any
case pertaining to any of those
matters. The judges of the division of
domestic relations shall
have assigned to them and hear all
proceedings under the uniform
interstate family support act
contained in Chapter 3115. of the
Revised Code. The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and
of any counseling and conciliation services that are
available
upon request to all persons, whether or not they are
parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as
provided in Chapters 2151. and
2152. of the Revised Code.
Except
in cases that are subject to the exclusive original
jurisdiction
of the juvenile court, the judge of the juvenile division
shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child
support, or the allocation of parental rights and
responsibilities
for the care of children or any post-decree
proceeding arising
from any case pertaining to any of those
matters. The judge of the juvenile
division shall not have
jurisdiction or the power to hear, and
shall not be assigned, any
proceeding under the uniform interstate
family support act
contained in Chapter 3115. of the Revised Code. The juvenile judge shall be the administrator of the
juvenile
division and its subdivisions and departments and shall
have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating
juvenile cases. The judge also shall designate the
title,
compensation, expense allowances, hours, leaves of
absence, and
vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. (J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Trumbull county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of the
Revised Code, all parentage proceedings
over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas. (1) The judges of the court of common pleas whose terms
begin on January 1, 1957, and January 4, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Butler county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court, except in cases that for some special
reason are assigned
to some other judge of the court of common
pleas. The judge
senior in point of service shall be charged
with the assignment
and division of the work of the division and
with the employment
and supervision of all other personnel of the
domestic relations
division. The judge senior in point of service also shall designate
the
title, compensation, expense allowances, hours, leaves of
absence,
and vacations of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (2) The
judges of the court of common pleas whose
terms
begin
on January 3, 1987,
and January 2, 2003, and
successors,
shall have the same
qualifications, exercise the same
powers and
jurisdiction, and
receive the same compensation as
other judges of
the court of
common pleas of Butler county, shall
be elected and
designated as
judges of the court of common
pleas, juvenile
division, and shall
be the juvenile
judges
as provided in
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and
jurisdictions conferred by
those chapters. The
judge of the court
of common pleas,
juvenile
division,
who is
senior in point of
service, shall be the administrator of the
juvenile division and
its subdivisions and departments. The
judge, senior in point of
service, shall have charge of
the
employment, assignment, and
supervision of the personnel of
the
juvenile division who are
engaged in handling, servicing, or
investigating juvenile cases,
including any referees whom the
judge considers necessary for the
discharge of the judge's
various
duties. The judge, senior in point of service, also shall designate
the title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. The duties
of the personnel, in addition to
other statutory duties, include
the handling, servicing, and
investigation of juvenile cases and
providing any counseling and
conciliation services that the
division makes available to
persons, whether or not the persons
are parties to an action
pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (L)(1) In Cuyahoga county, the judges of the court of
common
pleas whose terms begin on January 8, 1961, January 9,
1961,
January 18, 1975, January 19, 1975, and January 13, 1987,
and
successors, shall have the same qualifications, exercise the
same
powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Cuyahoga county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to all divorce, dissolution of marriage,
legal
separation, and annulment cases, except in cases that are
assigned
to some other judge of the court of common pleas for
some special
reason. (2) The administrative judge is administrator of the
domestic relations division and its subdivisions and departments
and has the following powers concerning division personnel: (a) Full charge of the employment, assignment, and
supervision; (b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations. (3)
"Division personnel" include persons employed or
referees
engaged in hearing, servicing, investigating,
counseling,
or
conciliating divorce, dissolution of marriage,
legal separation
and annulment matters. (1) The judge of the court of common pleas whose term
begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (2) The judge of the court of common pleas whose term
begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters
2151. and 2152. of
the Revised
Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various
duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge
of the court of common pleas of Erie county and shall be
elected
and designated as judge of the court of common pleas,
division of
domestic relations. The judge shall have all the
powers relating
to juvenile courts, and shall be assigned all cases
under
Chapters
2151. and 2152. of the
Revised Code, parentage
proceedings over
which the
juvenile
court has jurisdiction, and
divorce,
dissolution of marriage,
legal separation, and annulment
cases,
except cases that for some special
reason are assigned to
some
other judge. (1) The judge of the court of common pleas whose term
begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution
of marriage, legal separation, annulment, uniform
reciprocal
support enforcement, and domestic violence cases and
all other
cases related to domestic relations, except cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge
also shall designate the title,
compensation,
hours, leaves of
absence, and vacations of the personnel of the
division and shall
fix their duties. The duties of the personnel
of the division, in
addition to other statutory duties, shall
include the handling,
servicing, and investigation of divorce,
dissolution of marriage,
legal separation, and annulment cases
and the provision of
counseling and conciliation services that
the division considers
necessary and makes available to persons
who request the services,
whether or not the persons are parties
in an action pending in the
division. The compensation for the
personnel shall be paid from
the overall court budget and shall
be included in the
appropriations for the existing judges of the
general division of
the court of common pleas. (2) The judge of the court of common pleas whose term
begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by those chapters. The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties
to an action pending in the court, who request the
services. (3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general
division
necessitates it, the duties of that judge of the
general division
shall be performed by the judge of the division
of domestic
relations and the judge of the juvenile division. (P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (R) In Warren county, the judge of the court of common
pleas, whose term begins January 1, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Warren county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (S) In Licking county, the judge of the court of common
pleas, whose term begins January 1, 1991, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Licking county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (T) In Allen county, the judge of the court of common
pleas,
whose term begins January 1, 1993, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Allen county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all divorce,
dissolution of marriage, legal
separation,
and annulment cases,
all cases arising under Chapter 3111. of the
Revised Code, all
proceedings involving child support, the
allocation of parental
rights and responsibilities for the care
of children and the
designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (U) In Medina county, the judge of the court of common
pleas
whose term begins January 1, 1995, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Medina county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, and visitation, and all
post-decree proceedings
and matters arising from those cases and
proceedings, except in
cases that for some special reason are
assigned to another judge
of the court of common pleas. The
judge shall be charged with the
assignment and division of the
work of the division and with the
employment and supervision of
the personnel of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of
common pleas of Fairfield county with respect to and may
hear cases
to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who
is not the ward of
another court of this state, cases that are commenced by a
parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support
for that child when the request for
that order is not ancillary to an action
for divorce, dissolution
of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic violence, an
action for
support under Chapter 3115. of the Revised Code, or an action that
is
within the exclusive original jurisdiction of the
probate-juvenile division of
the court of common pleas of
Fairfield county and that involves an
allegation that the child is
an abused, neglected, or dependent child, and
post-decree
proceedings and matters arising from those types of cases. The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and
with the employment and supervision of
the personnel of the
division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When
the judge hears a case to determine the custody of a child, as
defined
in section 2151.011 of the Revised Code, who is not the
ward of another court
of this state or a case that is commenced by
a parent, guardian, or custodian
of a child, as defined in section
2151.011 of the Revised Code, to obtain an
order requiring a
parent of the child to pay child support for that child when
the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic
violence, an action for support
under Chapter 3115. of the Revised
Code, or an action that is within the
exclusive original
jurisdiction of the probate-juvenile division of the court
of
common pleas of Fairfield county and that
involves an allegation
that the
child is an abused, neglected, or dependent child, the
duties of the personnel
of the domestic relations division also
include the handling, servicing, and
investigation of those types
of cases. (W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Clark county and shall be elected
and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating
to juvenile courts, and all cases under
Chapters 2151. and 2152.
of the Revised
Code and all parentage proceedings under Chapter
3111. of the
Revised Code over which the juvenile court has
jurisdiction shall
be assigned to the judge of the division of
domestic relations. All divorce,
dissolution of marriage, legal
separation,
annulment, uniform reciprocal support enforcement, and
other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division. (2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board. (3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable
to perform that judge's judicial duties or if the
presiding
judge
of the
court of common pleas of Clark county determines that the
volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general
division or probate division of the court of common pleas
of Clark
county, as assigned for that purpose by the presiding
judge of
that court, and the judges so assigned shall act in
conjunction
with the judge of the division of domestic relations
of that
court. (X) In Scioto county, the judge of the court of common
pleas
whose term begins January 2, 1995, and
successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Scioto county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, visitation, and all post-decree
proceedings and
matters arising from those cases and proceedings,
except in cases
that for some special reason are assigned to
another judge of the
court of common pleas. The judge shall be
charged with the
assignment and division of the work of the
division and with the
employment and supervision of the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (Y) In Auglaize county, the judge of the probate and
juvenile divisions of the Auglaize county court of common pleas
also shall be the administrative judge of the domestic relations
division of the court and shall be assigned
all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court. The judge shall have all powers as
administrator of the domestic relations division and shall have
charge of the personnel engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
for the discharge of the judge's various duties. (Z)(1) In Marion county, the judge of the court of
common
pleas whose term begins on February 9,
1999, and the successors to
that judge, shall have the same qualifications,
exercise the same
powers and jurisdiction, and receive the same compensation
as the
other judges of the court of common pleas of
Marion county and
shall be elected and
designated as judge of the court of common
pleas, domestic
relations-juvenile-probate division. Except as
otherwise specified in this
division, that judge, and the
successors to that judge, shall have all the
powers relating to
juvenile courts, and all cases under
Chapters 2151. and 2152. of
the
Revised Code,
all cases arising under Chapter 3111. of the
Revised Code,
all divorce, dissolution of marriage, legal
separation, and annulment cases,
all proceedings involving child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for the children
of a
place of residence and legal custodian, parenting time, and
visitation, and all
post-decree proceedings and matters arising
from those cases and
proceedings
shall be assigned to that judge
and the successors to
that judge. Except as
provided in division
(Z)(2) of this section
and notwithstanding any other provision of
any section of the
Revised Code, on and after February 9, 2003,
the judge of
the
court of common pleas of Marion county
whose term
begins on
February 9, 1999, and the
successors to that judge,
shall have all
the powers relating to the probate
division of the
court of common
pleas of
Marion county in addition to the powers
previously
specified in this division, and shall exercise
concurrent
jurisdiction with the judge of the probate division of
that court
over all
matters that are within the jurisdiction of
the probate
division of that court
under Chapter 2101., and other
provisions,
of
the Revised Code in addition to the jurisdiction of
the
domestic relations-juvenile-probate division of that court
otherwise specified
in division (Z)(1) of this section. (2) The judge of the domestic relations-juvenile-probate
division of the
court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is
senior in total length
of service on the court of common pleas of
Marion county,
regardless of the division or
divisions of service, shall serve as
the clerk of the probate division of the
court of common pleas of
Marion county. (3) On and after February 9, 2003, all
references in law to
"the probate court,"
"the probate judge,"
"the juvenile
court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both
"the probate
division" and
"the domestic relations-juvenile-probate division"
and as being references to both
"the judge of the probate
division" and
"the
judge of the domestic relations-
juvenile-probate division." On and after
February 9, 2003, all
references in law to
"the clerk of the probate court" shall be
construed, with respect to
Marion county, as being references to
the judge who is serving pursuant to
division (Z)(2) of this
section as the clerk of the probate division of the
court of
common pleas of Marion county. (AA)
In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall have all
of the powers relating to juvenile courts and shall be assigned
all cases under Chapter 2151. or 2152. of the Revised Code, all
parentage proceedings over which the juvenile court has
jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, all cases arising under Chapter
3111. of the Revised Code, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children, the designation for the children of a
place of residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and
proceedings, except cases that for some special reason are
assigned to some other judge of the court of common pleas. (BB) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in the
judge's division necessitates it, the
duties of that judge shall
be performed by another judge
of the court of common pleas of that
county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction
with that judge, as the case may require.
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of
the
Revised Code: (A) "Sexual conduct" means vaginal intercourse between a
male and female; anal intercourse, fellatio, and
cunnilingus
between persons regardless of sex; and, without privilege to do
so, the insertion, however slight, of any part of the body or any
instrument, apparatus, or other object
into the vaginal or anal
cavity of another. Penetration, however slight, is
sufficient to
complete vaginal or anal intercourse. (B) "Sexual contact" means any touching of an erogenous
zone
of another, including without limitation the thigh,
genitals,
buttock, pubic region, or, if the person is a female, a
breast,
for the purpose of sexually arousing or gratifying either
person. (C) "Sexual activity" means sexual conduct or sexual
contact, or both. (D) "Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another. (E) Any material or performance is "harmful to juveniles,"
if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the
following apply: (1) It tends to appeal to the prurient interest of
juveniles; (2) It contains a display, description, or representation
of
sexual activity, masturbation, sexual excitement, or nudity; (3) It contains a display, description, or representation
of
bestiality or extreme or bizarre violence, cruelty, or
brutality; (4) It contains a display, description, or representation
of
human bodily functions of elimination; (5) It makes repeated use of foul language; (6) It contains a display, description, or representation
in
lurid detail of the violent physical torture, dismemberment,
destruction, or death of a human being; (7) It contains a display, description, or representation
of
criminal activity that tends to glorify or glamorize the
activity,
and that, with respect to juveniles, has a dominant
tendency to
corrupt. (F) When considered as a whole, and judged with reference
to
ordinary adults or, if it is designed for sexual deviates or
other
specially susceptible group, judged with reference to that
group,
any material or performance is "obscene" if any of the
following
apply: (1) Its dominant appeal is to prurient interest; (2) Its dominant tendency is to arouse lust by displaying
or
depicting sexual activity, masturbation, sexual excitement, or
nudity in a way that tends to represent human beings as mere
objects of sexual appetite; (3) Its dominant tendency is to arouse lust by displaying
or
depicting bestiality or extreme or bizarre violence, cruelty,
or
brutality; (4) Its dominant tendency is to appeal to scatological
interest by displaying or depicting human bodily functions of
elimination in a way that inspires disgust or revulsion in
persons
with ordinary sensibilities, without serving any genuine
scientific, educational, sociological, moral, or artistic
purpose; (5) It contains a series of displays or descriptions of
sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality,
or
human bodily functions of elimination, the cumulative effect
of
which is a dominant tendency to appeal to prurient or
scatological
interest, when the appeal to such an interest is
primarily for its
own sake or for commercial exploitation, rather
than primarily for
a genuine scientific, educational,
sociological, moral, or
artistic purpose. (G) "Sexual excitement" means the condition of human male
or
female genitals when in a state of sexual stimulation or
arousal. (H) "Nudity" means the showing, representation, or
depiction
of human male or female genitals, pubic area, or
buttocks with
less than a full, opaque covering, or of a female
breast with less
than a full, opaque covering of any portion
thereof below the top
of the nipple, or of covered male genitals
in a discernibly turgid
state. (I) "Juvenile" means an unmarried person under the age of
eighteen. (J) "Material" means
one of the following:
(1)(a) As used in section 2907.311 of the Revised Code and
in the portions of section 2907.31 of the Revised Code that
pertain to materials that are harmful to juveniles but not
obscene, "material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture
film, phonographic record, tape, or other tangible thing capable
of arousing interest through sight, sound, or touch and, except as
provided in division (J)(1)(b) of this section, includes an image
or text appearing on a computer monitor or on a television screen,
liquid crystal display, or similar display device used as a
computer monitor or an image or text recorded on a computer hard
disk, computer floppy disk, magnetic tape, or similar storage
device.
(b) As used in section 2907.311 of the Revised Code and in
the portions of section 2907.31 of the Revised Code that pertain
to materials that are harmful to juveniles but not obscene, both
of the following apply:
(i) Except as otherwise provided in division (J)(1)(b)(ii)
of this section, "material" does not include an image or text that
appears on a computer monitor or on a television screen, liquid
crystal display, or similar display device used as a computer
monitor while the monitor, screen, display, or device is actively
connected to a web site on the internet.
(ii) "Material" includes an image or text that appears on a
computer monitor or on a television screen, liquid crystal
display, or similar display device used as a computer monitor
while the monitor, screen, display, or device is actively
connected to a web site on the internet if the image or text is
contained in an e-mail message or if the image or text is so
appearing on the monitor, screen, display, or device during a
direct presentation to a specific, known juvenile or group of
known juveniles. The image or text is "material" under this
division only regarding the application of section 2907.311 of the
Revised Code and the portions of section 2907.31 of the Revised
Code that pertain to materials that are harmful to juveniles but
not obscene to the person who sends the e-mail message or who
directly presents the image or text to the specific, known
juvenile or group of known juveniles.
(2) As used in all provisions of sections 2907.01 to
2907.37 of the Revised Code that are not identified in division
(J)(1) of this section, "material" means any book, magazine,
newspaper,
pamphlet, poster, print, picture, figure, image,
description,
motion picture film, phonographic record, or tape, or
other
tangible thing capable of arousing interest through sight,
sound,
or touch
and includes an image or text appearing on a
computer monitor,
television
screen, liquid crystal display, or
similar display
device or an image or text
recorded on a computer
hard
disk, computer
floppy disk, compact
disk, magnetic tape, or
similar data
storage
device. (K) "Performance" means any motion picture, preview,
trailer, play, show, skit, dance, or other exhibition performed
before an audience. (L) "Spouse" means a person married to an offender at the
time of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply: (1) When the parties have entered into a written
separation
agreement authorized by section 3103.06 of the Revised
Code; (2) During the pendency of an action between the parties
for
annulment, divorce, dissolution of marriage, or legal
separation; (3) In the case of an action for legal separation, after
the
effective date of the judgment for legal separation. (M) "Minor" means a person under the age of eighteen.
Sec. 2907.35. (A) An owner or manager, or
his agent or
employee
of an owner or manager, of a bookstore, newsstand,
theater, or
other commercial
establishment engaged in selling
materials or exhibiting
performances, who, in the course of
business: (1) Possesses five or more identical or substantially
similar obscene articles, having knowledge of their character, is
presumed to possess them in violation of division (A)(5) of
section 2907.32 of the Revised Code; (2) Does any of the acts prohibited by section 2907.31 or
2907.32 of the Revised Code, is presumed to have knowledge of the
character of the material or performance involved, if
he
the
owner, manager, or agent or employee of the owner or manager has
actual notice of the nature of
such material or performance,
whether or not
he
the owner, manager, or agent or employee
of the
owner or manager has precise knowledge of its contents. (B) Without limitation on the manner in which such notice
may be given, actual notice of the character of material or a
performance may be given in writing by the chief legal officer of
the jurisdiction in which the person to whom the notice is
directed does business. Such notice, regardless of the manner in
which it is given, shall identify the sender, identify the
material or performance involved, state whether it is obscene or
harmful to juveniles, and bear the date of such notice. (C) Sections 2907.31 and 2907.32 of the Revised Code do
not
apply to a motion picture operator or projectionist acting
within
the scope of
his employment as an employee of the owner or
manager
of a theater or other place for the showing of motion
pictures to
the general public, and having no managerial
responsibility or
financial interest in
his
the operator's or
projectionist's place
of employment, other than wages.
(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321,
2907.322, 2907.323, and 2907.34 and division (A) of section
2907.33 of the Revised Code do not apply to a person solely
because the person provided access or connection to or from a
computer facility, system, or network not under that person's
control, including having provided transmission, downloading,
intermediate storage, access software, or other related
capabilities that are incidental to providing access or connection
to or from a computer facility, system, or network, and that do
not include the creation of the content of the material that is
the subject of the access or connection.
(2) Division (D)(1) of this section does not apply to a
person who conspires with an entity actively involved in the
creation or knowing distribution of material in violation of
section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323,
2907.33, or 2907.34 of the Revised Code or who knowingly
advertises the availability of material of that nature.
(3) Division (D)(1) of this section does not apply to a
person who provides access or connection to a computer facility,
system, or network that is engaged in the violation of section
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,
or 2907.34 of the Revised Code and that contains content that
person has selected and placed in or on the facility, system, or
network or content over which that person exercises editorial
control.
(E) An employer is not guilty of a violation of section
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,
or 2907.34 of the Revised Code based on the actions of an employee
or agent of the employer unless the employee's or agent's conduct
is within the scope of employee's or agent's employment or agency,
and the employer does either of the following:
(1) With knowledge of the employee's or agent's conduct, the
employer authorizes or ratifies the conduct.
(2) The employer recklessly disregards the employee's or
agent's conduct.
(F) It is an affirmative defense to a charge under section
2907.31 or 2907.311 of the Revised Code as the section applies to
an image transmitted through the internet that the person charged
with violating the section has taken, in good faith, reasonable,
effective, and appropriate actions under the circumstances to
restrict or prevent access by juveniles to material that is
harmful to juveniles, including any method that is feasible under
available technology.
Section 2. That existing sections 2301.03, 2907.01, and
2907.35 of the
Revised Code
are
hereby repealed.
Section 3. (A) Notwithstanding sections 3513.05 and
3513.257
and any other provision of the
Revised Code, each person
desiring
to become a candidate at the
general election to be held
on
November 5, 2002, for election as
the judge of the Hamilton
County
Court of Common Pleas who is to
be elected in 2002, whose
term
begins on January 3, 2003, and who
is designated by this act
as
the Drug Court Judge of the Hamilton
County Court of Common
Pleas
shall file a nominating petition and
statement of candidacy,
as
provided in section 3513.261 of the
Revised Code, not later
than
four p.m. on August 22, 2002. In
addition to any other
information required by law to be set forth
on the nominating
petition and statement of candidacy, the
documents shall designate
that the judgeship sought is the Drug
Court Judge of the Hamilton
County Court of Common Pleas.
Notwithstanding section 3513.257 of
the Revised Code and
notwithstanding any other provision of the
Revised Code, the
nominating petition of each candidate for that
judgeship shall
contain a minimum of fifty signatures of
qualified
electors of Hamilton County, except that no nominating
petition
shall be accepted for filing or filed if the petition
appears on
its face to contain or is known to contain signatures
aggregating
in number more than one hundred fifty. The
nominating
petitions of candidates for this judgeship shall be
processed as
set forth in section 3513.263 of the Revised Code.
The names of
the candidates, whose petition papers shall be
determined by the
board with which the petitions were filed to be
valid, shall be
printed on the ballot as set forth in section
3505.04 of the
Revised Code.
(B) Upon the effective date of this act, any statements or
declarations of candidacy and nominating petitions that a person
has filed prior to the effective date of this act for the election
of the judge of the Hamilton County Court of Common Pleas who is
to be elected in 2002 and whose term begins on January 3, 2003,
shall be considered nominating petitions and statements of
candidacy for the judge of the Hamilton County Court of Common
Pleas who is to be elected in 2002, whose term begins on January
3, 2003, and who is designated by this act as the Drug Court Judge
of that Court. The nominating petitions and statements of
candidacy so filed shall suffice for purposes of division (A) of
this section, and the person does not need to file any additional
documents under that division.
Notwithstanding section 3513.30 and any other section of the
Revised Code, if a person has qualified as a candidate for
election as the judge of the Hamilton County Court of Common Pleas
who
is to be elected in 2002 and whose term begins on January 3,
2003,
and if the person so qualified prior to the effective date
of this
act and this act's designation of that judgeship as the
Drug Court
Judge of that Court, the person may withdraw as a
candidate for
that judgeship at any time prior to four p.m. on the
day that is
30 days after the effective date of this act.
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