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S. B. No. 50 As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Senators Schuring, Stivers, Austria, Schuler, Coughlin, Fedor, Miller, Brady, Jacobson, Goodman, Harris
A BILL
To amend sections 109.42, 2919.25, 2919.251, 2919.26, 2919.27, and 3113.31 of the Revised Code to enhance the penalty for domestic violence for certain repeat offenders, to expand the authority for the issuance of a criminal domestic violence temporary protection order, to make other changes regarding criminal domestic violence temporary protection orders, civil domestic violence protection orders or consent agreements, and victims' bill of rights, and to enhance the penalty for violating a protection order while committing a felony offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 2919.25, 2919.251, 2919.26, 2919.27, and 3113.31 of the Revised Code be amended to read as follows: Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following: (1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code; (2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control; (3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses; (4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case; (5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case; (6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender; (7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child; (8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion; (9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services; (10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund; (11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult; (12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person; (13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.21 of the Revised Code; (14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency; (15) The right of a victim of domestic violence to seek
the
issuance of a
temporary protection order pursuant to section
2919.26 of the Revised Code,
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of any offense of violence as provided in division (A) of section 2919.26 of the Revised Code involving a person who is a family or household member at the time of the offense to seek the issuance of a temporary protection order pursuant to that section,
and the right of both types of victims to be accompanied by a victim advocate during court
proceedings; (16) The right of a victim of a
sexually oriented offense
that is committed by a person who is
adjudicated as being a sexual
predator or, in certain cases, by
a person who is determined to be
a habitual sex offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04 or 2950.05
of the Revised Code and
notice of the
person's name and residence address or addresses,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated as being a sexual
predator," and
"habitual sex offender" have the same meanings as
in section
2950.01 of the Revised Code. (17) The right of a victim of certain sexually violent
offenses committed by a sexually violent predator who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator" have the same
meanings as in section
2971.01 of the Revised Code. (B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents. (b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times: (i) Upon first contact with the victim, the victim's family,
or
the victim's dependents; (ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents. If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address. (c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
division divisions (A)(1) to (17) of this
section. (2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section 122.95,
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections. (3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code. (C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section. (D) As used in this section: (1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code; (2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 2919.25. (A) No person shall knowingly cause or
attempt to cause physical harm to a family or household member. (B) No person shall recklessly cause serious physical harm
to a family or household member. (C) No person, by threat of force, shall knowingly cause a
family or household member to believe that the offender will
cause
imminent physical harm to the family or household member. (D)(1) Whoever violates this section is guilty of domestic
violence. Except (2) Except as otherwise provided in division (D)(3) or (4) of this division section, a
violation of division (C) of this section is a misdemeanor of the
fourth
degree, and a violation of division (A) or (B) of
this
section is a misdemeanor of the first degree. If (3) Except as otherwise provided in division (D)(4) of this section, if the offender
previously
has
pleaded guilty to or been convicted of domestic
violence, of a violation of
a municipal ordinance that is
substantially similar to domestic violence,
of a misdemeanor violation of
section 2903.11, 2903.12, 2903.13, 2903.14,
2903.21, 2903.211,
2903.22, or 2911.211,
or 2919.22 of the Revised Code involving a
person who was a
family or
household member at the time of the
violation, or of a violation of
a municipal ordinance, a law of
the United States or of any other state, or a municipal ordinance
of a municipal corporation located in any other state that is
substantially similar to a misdemeanor violation of one of those sections
involving a person
who was a family or household member at the time of the
violation,
a violation of
section
2903.11, 2903.12, 2903.13, 2903.211, 2905.01, 2905.02, 2907.02, 2907.03,
2907.04,
2907.05, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01,
2911.02,
2911.11, 2911.12, 2911.13, or 2919.22 of the Revised Code
involving a
person who was a family or household member at the
time of the
violation, or a violation of a municipal ordinance, a law of the United States or of any other state, or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to one of those sections involving a person who was a family or household member at the time of the violation, a violation of
division (A) or (B) of this section is a felony of
the
fifth fourth degree, and a violation of division (C) of this section
is a
misdemeanor of the third degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations of the type described in division (D)(3) of this section involving a person who was a family or household member at the time of the violations, a violation of division (A) or (B) of this section is a felony of the third degree. (E)
Notwithstanding any provision of law to the contrary, no
court or unit of state or local government shall charge any fee,
cost, deposit, or money in connection with the filing of charges
against a person alleging that the person violated this section or
a municipal ordinance substantially similar to this section or in
connection with the prosecution of any charges so filed. (F) As used in this section and sections 2919.251 and
2919.26
of the Revised Code: (1) "Family or household member" means any of the
following: (a) Any of the following who is residing or has resided with
the offender: (i) A spouse, a person living as a spouse, or a former
spouse of the offender; (ii) A parent or a child of the offender, or another person
related by consanguinity or affinity to the offender; (iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the offender, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the offender. (b) The natural parent of any child of whom the offender is
the other natural
parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is
living
or has lived with the offender in a common law marital
relationship, who otherwise is cohabiting with the offender, or
who
otherwise has cohabited with the offender within five years
prior
to the date of the alleged commission of the act in
question.
Sec. 2919.251. (A) If a person is charged with a
violation of section 2919.25 of the Revised Code, a violation of
a municipal ordinance that is substantially similar to that
section, a violation of section 2903.11, 2903.12, 2903.13,
2903.211, or 2911.211 of the Revised Code the commission of any offense of violence involving a person who
was a family or household member at the time of the violation, or
a violation of a municipal ordinance substantially similar to
section 2903.13, 2903.211, or 2911.211 of the Revised Code that
involves a person who was a family or household member at the
time of the violation offense and if the person, at the time of the
alleged violation offense, was subject to the terms of a protection order
issued or consent agreement approved pursuant to section 2919.26
or 3113.31 of the Revised Code or previously was convicted of or
pleaded guilty to a violation of section 2919.25 of the Revised
Code or a violation of section 2919.27 of
the Revised Code involving a protection order or consent agreement of that
type, a violation of a municipal ordinance that is
substantially similar to either section, a violation of section
2903.11, 2903.12, 2903.13, 2903.211, 2907.02, or 2911.211 of the Revised
Code involving a person who was a family or household member at
the time of the violation, or a violation of a municipal
ordinance that is substantially similar to section 2903.13, 2903.211, or
2911.211 of the Revised Code that involves involving a person who was a
family or household member at the time of the violation, the
court shall consider all of the following, in addition to any
other circumstances considered by the court and notwithstanding
any provisions to the contrary contained in Criminal Rule 46,
before setting bail for the person: (1) Whether the person has a history of domestic violence
or a history of other violent acts; (2) The mental health of the person; (3) Whether the person has a history of violating the
orders of any court or governmental entity; (4) Whether the person is potentially a threat to any
other person; (5) Whether setting bail at a high level will interfere
with any treatment or counseling that the person or the family of
the person is undergoing. (B) Any court that has jurisdiction over violations of
section 2919.25 of the Revised Code, violations of a municipal
ordinance that is substantially similar to that section,
violations of section 2903.13, 2903.211, or 2911.211 of the
Revised Code that involve involving persons who are family or household
members at the time of the violation, or violations of a
municipal ordinance that is substantially similar to section 2903.13,
2903.211, or 2911.211 of the Revised Code that involve involving persons
who are family or household members at the time of the violation,
may set a schedule for bail to be used in cases involving those
violations. The schedule shall require that a judge consider all
of the factors listed in division (A) of this section and may
require judges to set bail at a certain level if the history of
the alleged offender or the circumstances of the alleged offense
meet certain criteria in the schedule.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2919.25 of the Revised Code, a
violation of a
municipal ordinance substantially similar to that
section, a violation of section 2903.11, 2903.12, 2903.13,
2903.211, or
2911.211 of the Revised Code that involves the commission of any offense of violence involving a person
who was a family
or household member at the time of the violation, or a violation of a
municipal ordinance that is substantially
similar to section 2903.13,
2903.211, or 2911.211 of the Revised
Code that involves a person who was a
family or household member
at the time of the violation offense, the
complainant, the alleged victim,
or a family or household member of
an alleged victim
may file, or,
if in an emergency the alleged victim
is unable to
file, a person
who made an arrest for the alleged violation offense under
section 2935.03
of the Revised Code may file on behalf of the
alleged victim, a
motion that requests the issuance
of a temporary
protection order
as a pretrial condition of release of the
alleged offender, in
addition to any bail set under Criminal Rule
46. The motion shall
be filed with the clerk of the court that
has jurisdiction of the
case at any time after the filing of the
complaint. (2) For purposes of section 2930.09 of the Revised Code, all
stages of a
proceeding arising out of a violation specified complaint alleging the commission of an offense of violence described in
division (A)(1) of this
section, including all proceedings on a
motion for a temporary protection
order, are critical stages of
the case, and a victim
may be accompanied
by a victim advocate or
another person to provide support to the victim as
provided in
that section. (B) The motion shall be prepared on a form that is
provided
by the clerk of the court, which form shall be
substantially as
follows: "MOTION FOR TEMPORARY PROTECTION ORDER.......................... CourtName and address of court
(name of person),
moves the court to issue a temporary protection
order containing
terms designed to ensure the safety and
protection of the
complainant, alleged victim, and other family or
household members, in relation to
the named defendant, pursuant to
its authority to issue such an
order under section 2919.26 of the
Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with at least one of the following violations of section 2919.25
of the
Revised Code that constitutes "domestic violence" or a
municipal ordinance
that is substantially similar to that section:
knowingly causing or
attempting to cause physical harm to a
family
or household member; recklessly causing serious physical
harm to a
family or household member; or, by threat of force,
knowingly
causing a family or household member to believe that
the named
defendant would cause imminent physical harm to that family
or
household member; charging the named defendant
with felonious
assault, aggravated assault, or assault that involved a family
or
household member in violation of section 2903.11, 2903.12, or
2903.13 of
the Revised Code; charging
the named defendant with
menacing by stalking or aggravated
trespass that involves .......................... (name of the offense of violence) involving a family
or household member in violation of (section
2903.211 or 2911.211 of the Revised Code; designating the offense of violence), or charging the named defendant with
a
violation of a municipal ordinance that is substantially similar
to ........................ (section
2903.13, 2903.211, or 2911.211 of the Revised Code that
involves designating the offense of violence) involving a family or
household member. I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this
motion, for a hearing on the motion or that, if I am unable to
appear
because of hospitalization or a medical condition resulting
from the offense
alleged in the complaint, a person who can
provide information about my need
for a temporary protection order
must appear before the court in lieu of my
appearing in court. I
understand that any temporary
protection order granted pursuant to
this motion is a pretrial
condition of release and is effective
only until the disposition
of the criminal proceeding arising out
of the attached complaint,
or the issuance of a civil protection
order or the approval of a
consent agreement, arising out of the
same activities as those
that were the basis of the complaint,
under section 3113.31 of
the Revised Code. .......................................... (or signature of the arresting officer who filed the motion on
behalf of the alleged victim) .......................................... Address of person (or office address of the
arresting
officer who
filed the motion on behalf of the alleged
victim)" (C)(1) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the
court and provide the court with the information that it
requests
concerning the basis of the motion. If the person who requested
the
order is unable to appear and if the court finds that the
failure to appear is
because of the person's hospitalization or
medical condition resulting from
the offense alleged in the
complaint, another person who is able to provide
the court with
the information it requests may appear in lieu of the person
who
requested the order. If the court finds that the safety and
protection of
the complainant, alleged victim, or any other family
or household member of the alleged offender may be impaired by
the
continued presence of the alleged offender, the court may
issue a
temporary protection order, as a pretrial condition of
release,
that contains terms designed to ensure the safety and
protection
of the complainant, alleged victim, or the
family or household
member,
including a requirement that the alleged offender refrain
from
entering the residence, school, business, or place of
employment
of the complainant, alleged victim, or the family or
household member. (2)(a) If the court issues a temporary protection order that
includes a
requirement that the alleged offender refrain from
entering the residence,
school, business, or place of employment
of the complainant, the
alleged victim, or the family or
household
member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from
the
complainant, alleged victim, or family or household
member to
enter the residence, school,
business, or place of employment or
by the alleged offender's entry into one
of those places otherwise
upon the consent of the complainant,
alleged victim, or family or
household member. (b) Division (C)(2)(a) of this section does not limit any
discretion of a
court to determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a municipal ordinance
substantially equivalent
to that section, or with contempt of court, which
charge is based
on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in
contempt of
court. (D)(1) Upon the filing of a complaint that alleges a
violation of section 2919.25 of the Revised Code, a violation of a
municipal
ordinance that is substantially similar to that section,
a violation
of section 2903.11, 2903.12, 2903.13, 2903.211, or
2911.211 of
the Revised Code that involves the commission of any offense of violence involving a person who was a
family or household
member at the time of the violation, or a violation of a municipal ordinance
that is substantially similar
to section 2903.13, 2903.211, or 2911.211 of the
Revised Code that
involves a person who was a family or household member at
the time
of the violation offense, the court, upon its own
motion, may issue a
temporary protection order as a pretrial
condition of release if
it finds that the safety and protection
of the complainant,
alleged victim, or other family or
household member of the
alleged
offender may be impaired by the continued presence of the
alleged
offender. (2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the
presence of the
alleged offender not later than the next day on
which the court is scheduled
to conduct business after the day on
which the alleged offender was arrested
or at the time of the
appearance of the alleged offender pursuant to summons
to
determine whether the order should remain in effect, be modified,
or be
revoked. The hearing shall be conducted under the standards
set
forth in division (C) of this section. (3) An order issued under this section shall contain
only
those terms authorized in orders issued under division (C) of
this
section. (4) If a municipal court or a county
court issues a
temporary protection order under this section and
if, subsequent
to the issuance of the order, the alleged
offender who is the
subject of the order is bound over to the
court of common pleas
for prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court.
This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner. (E) A temporary protection order that is issued as a
pretrial condition of release under this section: (1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46; (2) Is effective only until the occurrence of either of the
following: (a) The disposition, by the court that issued the
order or,
in the circumstances described in division
(D)(4) of this section,
by the
court of common pleas to which the alleged offender is
bound
over for prosecution, of the
criminal proceeding arising out
of the complaint upon which the
order is based; (b) The issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint upon which the order is
based,
under section 3113.31 of
the Revised Code; (3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based. (F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a temporary protection order. (G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the alleged victim, to the person who requested
the
order, to the defendant, and to all law enforcement
agencies
that have jurisdiction to enforce the order. The court
shall
direct that a copy of the order be delivered to the
defendant on
the same day that the order is entered. If a municipal court
or a
county court issues a temporary
protection order under this
section and if, subsequent to the
issuance of the order, the
defendant who is the subject of the
order is bound over to the
court of common pleas for prosecution
as described in division
(D)(4)
of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over. (2) All law enforcement agencies shall establish and
maintain an index for the temporary protection orders delivered
to
the agencies pursuant to division (G)(1) of this section.
With
respect to each order delivered, each agency shall note on
the
index, the date and time of the receipt of the order by the
agency. (3) A complainant, alleged victim, or other person who
obtains
a temporary protection
order under this section may
provide notice of the issuance of
the temporary protection order
to the judicial and law
enforcement officials in any county other
than the county in
which the order is issued by registering that
order in the other
county in accordance with division (N) of
section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division. (4) Any officer of a law enforcement agency shall enforce
a
temporary protection order issued by any court in this state in
accordance
with the provisions of
the order, including removing
the defendant from the premises, regardless of
whether the order
is registered in the county in which the officer's agency
has
jurisdiction as authorized by division (G)(3) of this section. (H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated. (I)(1) As used in divisions (I)(1) and
(2) of this section,
"defendant" means a person who is
alleged in a complaint to have
committed a violation of the type
an offense of violence described in division (A) of
this section. (2) If a complaint is filed that alleges that a person
committed a violation of the type an offense of violence described in division
(A) of
this section, the court may not issue a temporary
protection order
under this section that requires the complainant,
the alleged
victim,
or another family or household member of the defendant to
do or
refrain from doing an act that the court may require the
defendant to do or refrain from doing under a temporary
protection
order unless both of the following apply: (a) The defendant has filed a separate
complaint that
alleges that the complainant, alleged
victim, or other family or
household member in question who would be required under the
order
to do or refrain from doing the act committed a violation
of the
type an offense of violence described in division (A) of this section. (b) The court determines that both the
complainant, alleged
victim, or other family or household
member
in question who
would
be required under the order to do or refrain from doing the
act
and the defendant acted primarily as aggressors, that neither
the
complainant, alleged victim, or other family or
household member
in question
who would be required under the order to do or refrain
from doing
the act nor the defendant acted primarily in
self-defense, and,
in accordance with the standards and criteria
of this section as
applied in relation to the separate complaint
filed by the
defendant, that it should issue the order to require
the
complainant, alleged victim, or other family or household
member in question to do
or refrain from doing the act. (J) Notwithstanding any provision of law to the
contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the filing of a motion
pursuant to
this section, in connection
with the filing, issuance,
registration, or service of a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement. (K) As used in this section, "victim
advocate" means a
person who provides support and assistance
for a victim of an
offense during court proceedings.
Sec. 2919.27. (A) No person shall recklessly violate the
terms of any of the following: (1) A protection order issued or consent agreement approved
pursuant to section 2919.26 or 3113.31 of the Revised Code; (2) A protection order issued pursuant to
section
2903.213
or 2903.214 of the Revised Code; (3) A protection order issued by a court of another state. (B)(1) Whoever violates this section is guilty of violating a
protection order. (1) If the offense involves a violation of
division (A)(1)
or
(3) of this section, one of the following
applies:
(a)(2) Except as otherwise provided in division
(B)(1)(b)(3) or (4) of
this section, violating a protection
order is a misdemeanor of the
first degree.
(b)(3) If the offender previously has been convicted
of or
pleaded guilty to a violation of a protection order issued pursuant to section 2903.213 or 2903.214 of the Revised Code, two or more violations of section 2903.21, 2903.211, 2903.22,
or
2911.211 of the Revised Code that involved the same
person who is
the
subject of the protection order or consent agreement, or
previously has been
convicted
of or pleaded guilty to one or more
violations of this section, violating a
protection order
is a
felony of the fifth degree.
(2) If the offense involves a violation of division (A)(2)
of this
section, one of
the following applies:
(a) Except as otherwise provided in division
(B)(2)(b) of
this section, violating a protection
order is a
misdemeanor of the
first degree.
(b) If the offender previously has been convicted of or
pleaded
guilty to two or more violations of this section or of
former section
2919.27 of the Revised Code involving a
protection
order issued pursuant to section 2903.213 or 2903.214 of the
Revised Code, two or more violations of section 2903.21,
2903.211,
2903.22, or 2911.211 of the Revised Code that involved
the
same
person who is the subject of the protection
order, or two or more
violations of section 2903.214 of the Revised Code
as it existed
prior to
July 1, 1996,
violating a protection order is a felony of
the fifth degree.
(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony of the third degree. (C) It is an affirmative defense to
a charge under division
(A)(3)
of this section that the protection order issued by a court
of
another state does not comply with the requirements specified
in
18 U.S.C.
2265(b) for a protection order that must be
accorded
full faith and credit by a court of this state or that it is not
entitled to full faith and credit under 18
U.S.C. 2265(c). (D) As used in this
section, "protection order issued by a
court of another state"
means an injunction or another order
issued by a criminal
court of another state for the purpose of
preventing violent or
threatening acts or harassment against,
contact or communication
with, or physical proximity to another
person, including a
temporary order, and means an injunction or
order of that nature issued by a
civil court of another state,
including a temporary order and a final order
issued in an
independent action or as a pendente lite order in a proceeding
for
other relief,
if the court issued it in response to a complaint,
petition, or
motion filed by or on behalf of a person seeking
protection.
"Protection order issued by a court of another state"
does not
include an order for support or for custody of a child
issued pursuant to the divorce and child custody laws of another
state, except to the extent that the order for support or for
custody of a child is entitled to full faith and credit under the
laws of the United States.
Sec. 3113.31. (A) As used in this section: (1) "Domestic violence" means the occurrence of one or
more
of the following acts against a family or household member: (a) Attempting to cause or recklessly causing bodily
injury; (b) Placing another person by the threat of force in fear
of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code; (c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code; (d) Committing a violation of section 2903.01, 2903.02,
2903.03, 2903.11, 2903.12, 2903.13, 2905.01, 2905.02, 2905.03, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2909.02, 2909.03, 2909.05,
2909.06, 2909.07, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, or
2911.21
of the Revised Code involving a person who was a family or
household member at the time of the violation. (2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division, and the court of common pleas in counties that do not
have a domestic relations division. (3) "Family or household member" means any of the
following: (a) Any of the following who is residing with or has resided
with the
respondent: (i) A spouse, a person living as a spouse, or a former
spouse of the respondent; (ii) A parent or a child of the respondent, or another
person related by consanguinity or affinity to the respondent; (iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the respondent. (b) The natural parent of any child of whom the respondent
is the other
natural parent or is the putative other natural
parent. (4) "Person living as a spouse" means a person who is
living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or
who otherwise has cohabited with the respondent within
five years
prior to the date of the alleged occurrence of the act in
question. (5) "Victim advocate" means a person who provides support
and assistance for
a person who files a petition under this
section. (B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this
section
is not affected by the petitioner's leaving the residence or
household
to avoid further domestic violence. (C) A person may seek relief under this section on the
person's own behalf, or any parent or adult household member
may
seek relief under this section on behalf of any other family or
household
member, by filing a petition with the court. The
petition shall contain or
state: (1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence; (2) The relationship of the respondent to the petitioner,
and to the victim if other than the petitioner; (3) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court, for good cause shown at the ex parte hearing, may enter
any
temporary orders, with or without bond, including, but not
limited
to, an order described in division (E)(1)(a), (b), or (c)
of this
section, that the court finds necessary to protect the
family or
household member from domestic violence. Immediate and
present
danger of domestic violence to the family or household
member
constitutes good cause for purposes of this section.
Immediate and
present danger includes, but is not limited to,
situations in
which the respondent has threatened the family or
household member
with bodily harm or in which the respondent
previously has been
convicted of or pleaded guilty to an
offense that constitutes
domestic violence against the family or
household member. (2)(a) If the court, after an ex parte hearing, issues an
order
described in division (E)(1)(b) or (c) of this section, the
court
shall schedule a full hearing for a date that is within
seven
court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall
schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent
notice of, and an
opportunity to be heard at, the full
hearing. The court shall hold the
full hearing on the date
scheduled under this division unless the court grants
a
continuance of the hearing in accordance with this division.
Under
any of
the following circumstances or for any of the
following
reasons, the court may
grant a continuance of the full
hearing to
a reasonable time determined by the
court: (i) Prior to the date scheduled for the full hearing under
this
division, the respondent has not been served with the
petition filed pursuant
to this section and notice of the full
hearing. (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain
counsel. (iv) The continuance is needed for other good cause. (b) An ex parte order issued under this section does not
expire
because of a failure to serve notice of the full hearing
upon the respondent
before the date set for the full hearing under
division
(D)(2)(a) of this section or because the court grants a
continuance under that division. (3) If a person who files a petition pursuant to this
section
does not request an ex parte order, or if a person
requests an ex
parte order but the court does not issue an ex
parte order after
an ex parte hearing, the court shall proceed as
in a normal civil
action and grant a full hearing on the matter. (E)(1) After an ex parte or full hearing, the court may
grant any protection order, with or without bond, or approve any
consent agreement to bring about a cessation of domestic violence
against the family or household members. The order or agreement
may: (a) Direct the respondent to refrain from abusing the
family
or household members; (b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member; (c) When the respondent has a duty to support the
petitioner
or other family or household member living in the
residence or
household and the respondent is the sole owner or
lessee of the
residence or household, grant possession of the
residence or
household to the petitioner or other family or
household member,
to the exclusion of the respondent, by ordering
the respondent to
vacate the premises, or, in the case of a
consent agreement, allow
the respondent to provide suitable,
alternative housing; (d) Temporarily allocate parental rights and
responsibilities for the care
of, or establish temporary
parenting
time rights with regard to, minor children,
if no other
court has
determined, or is determining, the allocation of
parental rights
and
responsibilities for the minor children or
parenting
time
rights; (e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a
duty
to support the petitioner or family or household member; (f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek
counseling; (g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member; (h) Grant other relief that the court considers equitable
and fair, including, but not limited to, ordering the respondent
to permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property. (2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members, the
court may include in a protection order that it issues a
prohibition against the respondent returning to the residence or
household. If it includes a prohibition against the
respondent
returning to the residence or household
in the order, it also
shall include in the order provisions
of the type described in
division
(E)(7) of this section. This
division does not preclude
the court from including in a
protection order or consent
agreement, in circumstances other
than those described in this
division, a requirement that the
respondent be evicted from or
vacate the residence or household
or refrain from entering the
residence, school, business, or
place of employment of the
petitioner or a family or household
member, and, if the court
includes any requirement of that type in an order
or agreement,
the court also shall include in the order
provisions of the type
described in division
(E)(7) of this section. (3)(a) Any protection order issued or consent
agreement
approved under this section
shall be valid until a date certain,
but not later than
five years from the date of its issuance or
approval. (b) Subject to the limitation on the duration of an order or
agreement set
forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(d) of this section shall terminate on
the date that a court in
an action for divorce,
dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for
the care of children or on the date that a
juvenile court in an action brought
by the petitioner or
respondent issues an order awarding legal custody of
minor
children. Subject to the limitation on the duration of an order
or
agreement set forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(e) of this section shall terminate on
the date that a court in
an action for divorce, dissolution of
marriage, or legal separation brought by
the petitioner or
respondent issues a support order or on the date that a
juvenile
court in an action brought by the petitioner or respondent issues
a
support order. (c) Any protection order issued or consent
agreement
approved pursuant to this section may be renewed in the same
manner as the original order or agreement was issued or approved. (4) A court may not issue a protection order that requires a
petitioner to do
or to refrain from doing an act that the court
may require a respondent to do
or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or
(h) of this
section unless all of the following apply: (a) The respondent files a separate petition for a
protection order in
accordance with this section. (b) The petitioner is served notice of the respondent's
petition at least
forty-eight hours before the court holds a
hearing with respect to the
respondent's petition, or the
petitioner waives the right to receive this
notice. (c) If the petitioner has requested an ex parte order
pursuant to division
(D) of this section, the court does not delay
any hearing required by that
division beyond the time specified in
that division in order to consolidate
the hearing with a hearing
on the petition filed by the respondent. (d) After a full hearing at which the respondent presents
evidence in support
of the request for a protection order and the
petitioner is afforded an
opportunity to defend against that
evidence, the court determines that the
petitioner has committed
an act of domestic violence or has violated a
temporary protection
order issued pursuant to section 2919.26 of the Revised
Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily
in self-defense. (5) No protection order issued or consent agreement
approved
under this section shall in any
manner affect title to any real
property. (6)(a) If a petitioner, or the child of a petitioner, who
obtains a
protection order or consent agreement pursuant to
division (E)(1) of this
section or a temporary protection order
pursuant to section
2919.26 of the Revised Code and is the subject
of a parenting time order
issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or
companionship order
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section
granting
parenting time rights to
the respondent, the court
may require the
public children services agency of the county in which the
court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to
the child for a period not
to exceed nine months, if the court
makes the following findings
of fact: (i) The child is in danger from the respondent; (ii) No other person or agency is available to provide the
supervision. (b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a)
of this section shall order the
respondent to reimburse the agency for the
cost of providing the
supervision, if it determines
that the
respondent has sufficient
income or resources to pay that cost. (7)(a) If a protection order issued or consent agreement
approved
under this section includes a requirement that the
respondent be
evicted from or vacate the residence or household or
refrain
from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or
agreement
cannot be waived or nullified by an invitation to the
respondent
from the petitioner or other family or household
member to enter
the residence, school, business, or place of
employment or by the
respondent's entry into one of those places
otherwise upon the
consent of the petitioner or other family or
household member. (b) Division (E)(7)(a) of this section
does not limit any
discretion of a court to
determine that a respondent charged with
a violation of
section 2919.27 of the Revised Code, with a
violation of a
municipal ordinance substantially equivalent to
that section, or
with contempt of court, which charge is based on
an alleged
violation of a protection order issued or consent
agreement approved under
this section, did not commit the
violation or was not in contempt of
court. (F)(1) A copy of any protection order, or consent
agreement,
that is issued or approved under this section shall be
issued by
the court to the petitioner, to the respondent, and to
all law
enforcement agencies that have jurisdiction to enforce
the order
or agreement. The court shall direct that a copy of an
order be
delivered to the respondent on the same day that the
order is
entered. (2) All law enforcement agencies shall establish and
maintain an index for the protection orders and the approved
consent agreements delivered to the agencies pursuant to division
(F)(1) of this section. With respect to each order and consent
agreement delivered, each agency shall note on the index the
date
and time that it received the order or consent agreement. (3) Regardless of whether the petitioner has registered the
order or
agreement in the county in which the officer's agency has
jurisdiction
pursuant to division (N) of this section, any officer
of a law enforcement
agency shall enforce
a protection order
issued or consent agreement approved by any court in this
state in
accordance with the
provisions of the order or agreement,
including removing the
respondent from the premises, if
appropriate. (G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure, except that an
order
under this section may be obtained with or without bond.
An order
issued under this section, other than an ex parte order, that
grants a protection order or approves a consent agreement, or that
refuses to
grant a protection order or approve a consent
agreement, is a final,
appealable order. The remedies and
procedures provided in this
section are in
addition to, and not in
lieu of, any other available civil or
criminal remedies. (H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic
violence
against minor children, the court shall report the fact,
or cause
reports to be made, to a county, township, or municipal
peace
officer under section 2151.421 of the Revised Code. (I) Any law enforcement agency that investigates a
domestic
dispute shall provide information to the family or
household
members involved regarding the relief available under
this section
and section 2919.26 of the Revised Code. (J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is
issued or a consent
agreement is approved by a court of another county or a court of
another state,
no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the filing of a
petition pursuant
to this section
or in connection
with the
filing, issuance, registration, or service of a
protection order
or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement. (K)(1) The court shall comply with Chapters 3119., 3121.,
3123.,
and 3125. of the Revised
Code when it makes or modifies
an
order for child support under this section. (2) If any person required to pay child support under an
order
made under this section on or after April 15, 1985, or
modified
under this section on or after December 31, 1986, is
found in
contempt of court for failure to make support payments
under the
order, the court that makes the finding, in addition to
any other
penalty or remedy imposed, shall assess all court costs
arising
out of the contempt proceeding against the person and
require the
person to pay any reasonable attorney's fees of any
adverse
party, as determined by the court, that arose in relation
to the
act of contempt. (L)(1) A person who violates a protection order issued or
a
consent agreement approved under this section is subject to the
following sanctions: (a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order or
consent agreement constitutes a violation of that
section; (b) Punishment for contempt of court. (2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code.
However, a person punished for contempt of court is
entitled to
credit for the punishment imposed upon conviction of
a violation
of that section, and a person convicted of a
violation of that
section shall not subsequently be punished for
contempt of court
arising out of the same activity. (M) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate. (N)(1) A petitioner who obtains a protection order or
consent agreement under
this section or a temporary protection
order under section 2919.26 of the
Revised Code may provide notice
of the issuance or approval of the order or
agreement to the
judicial and law enforcement officials in any county other
than
the county in which the order is issued or the agreement is
approved by
registering that order or agreement in the other
county pursuant to division
(N)(2) of this section and filing a
copy of the registered order or registered
agreement with a law
enforcement agency in the other county in accordance with
that
division. A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order to the
judicial and law enforcement officials in any county
of this state by
registering the order in that county pursuant to
section 2919.272 of the
Revised Code and filing a copy of the
registered order with a law enforcement
agency in that county. (2) A petitioner may register a temporary protection order,
protection order,
or consent agreement in a county other than the
county in which
the court that issued the order or approved the
agreement is
located in the following manner: (a) The petitioner shall obtain a certified copy of the
order or agreement
from the clerk of the court that issued the
order or approved the agreement
and present that certified copy to
the clerk of the court of common pleas or
the clerk of a municipal
court or county court in the county in which the
order or
agreement
is to be registered. (b) Upon accepting the certified copy of the order or
agreement for
registration, the clerk of the court of common
pleas, municipal court, or
county court shall place an endorsement
of registration on the order or
agreement and give the
petitioner
a copy of the order or agreement that bears that proof of
registration. (3) The clerk of each court of common pleas, the clerk of
each municipal
court, and the clerk of each county court shall
maintain a registry of
certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or
approved by courts in other counties and that have been
registered with the
clerk.
Section 2. That existing sections 109.42, 2919.25, 2919.251, 2919.26, 2919.27, and 3113.31 of the Revised Code are hereby repealed.
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