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Sub. S. B. No. 50As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Schuring, Stivers, Austria, Schuler, Coughlin, Fedor, Miller, Brady, Jacobson, Goodman, Harris, Randy Gardner, Robert Gardner, Hagan, Amstutz, Fingerhut, Dann, Spada, Roberts
REPRESENTATIVES Latta, Willamowski, Faber, Grendell, D. Evans, Oelslager
A BILL
To amend sections 109.42, 2919.25, 2919.251, 2919.26, and 2919.27 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 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, and 2919.27 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 a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code,
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 an existing or former municipal ordinance or law of this or any other state or the United States that is
substantially similar to domestic violence,
of a violation of
section 2903.11, 2903.12, 2903.13, 2903.14,
2903.21, 2903.211,
2903.22, 2909.06, 2909.07, 2911.12, 2911.211,
or 2919.22 of the Revised Code involving a
person who if the victim of the violation 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 one of those sections
involving a person
who was a family or household member at the time of the
violation, an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense,
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 second 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 or offenses 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 or offenses, a violation of division (A) or (B) of this section is a felony of the third degree, and a violation of division (C) of this section is a misdemeanor of the first 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 involving a person who
the commission of any offense of violence, if the alleged victim of the offense charged 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 charged, 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 an existing or former municipal ordinance or law of this or any other state or the United States that is
substantially similar to either section, a violation of section
2903.11, 2903.12, 2903.13, 2903.211, 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised
Code involving a person who if the victim of the violation 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 a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a
family or household member at the time of the violation offense, 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 persons who are family or household
members at the time of the violation, or violations of a
municipal ordinance substantially similar to section 2903.13,
2903.211, or 2911.211 of the Revised Code that involve persons
who are family or household members charges alleging the commission of an offense of violence in circumstances in which the alleged victim of the offense was a family or household member at the time of the violation offense,
may set a schedule for bail to be used in cases involving those
violations offenses. 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, 2909.06, 2909.07, 2911.12, or
2911.211 of the Revised Code that involves a person
who if the alleged victim of the violation 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 any of those sections if the alleged victim of the violation was a
family or household member
at the time of the violation, or any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the 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 or 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 a violation or 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 specified violation or the offense of violence charged) in circumstances in which the victim was a family
or household member in violation of (section
2903.211 or 2911.211 of the Revised Code; designating the specified violation or offense of violence charged), 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 specified violation or offense of violence charged) 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, 2909.06, 2909.07, 2911.12, or
2911.211 of
the Revised Code that involves a person who if the alleged victim of the violation 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 any of those sections if the alleged victim of the violation was a family or household member at
the time
of the violation, or any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the 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 or offense of violence of the type described in division (A) of
this section. (2) If a complaint is filed that alleges that a person
committed a violation or offense of violence of the type described in division
(A) of
this section, the court may not issue a temporary
protection order
under this section that requires the complainant,
the alleged
victim,
or another family or household member of the defendant to
do or
refrain from doing an act that the court may require the
defendant to do or refrain from doing under a temporary
protection
order unless both of the following apply: (a) The defendant has filed a separate
complaint that
alleges that the complainant, alleged
victim, or other family or
household member in question who would be required under the
order
to do or refrain from doing the act committed a violation or offense of violence
of the
type described in division (A) of this section. (b) The court determines that both the
complainant, alleged
victim, or other family or household
member
in question who
would
be required under the order to do or refrain from doing the
act
and the defendant acted primarily as aggressors, that neither
the
complainant, alleged victim, or other family or
household member
in question
who would be required under the order to do or refrain
from doing
the act nor the defendant acted primarily in
self-defense, and,
in accordance with the standards and criteria
of this section as
applied in relation to the separate complaint
filed by the
defendant, that it should issue the order to require
the
complainant, alleged victim, or other family or household
member in question to do
or refrain from doing the act. (J) Notwithstanding any provision of law to the
contrary
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.
Section 2. That existing sections 109.42, 2919.25, 2919.251, 2919.26, and 2919.27 of the Revised Code are hereby repealed.
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