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Sub. H. B. No. 29 As Reported by the Senate Judiciary--Criminal Justice Committee
As Reported by the Senate Judiciary--Criminal Justice Committee
|126th General Assembly|
Representatives Raussen, D. Evans, Distel, Aslanides, Allen, Raga, Driehaus, Trakas, Barrett, Daniels, Carano, McGregor, Reidelbach, Willamowski, Hartnett, Martin, Brinkman, Kearns, C. Evans, Blessing, Schaffer, Harwood, Miller, Beatty, Blasdel, Boccieri, Brown, Bubp, Buehrer, Calvert, Carmichael, Cassell, Chandler, Coley, Collier, DeBose, DeWine, Domenick, Faber, Fende, Fessler, Flowers, Garrison, Gibbs, Gilb, Hagan, Healy, Hoops, Hughes, Key, Kilbane, Latta, Law, Mason, Mitchell, Oelslager, Otterman, S. Patton, T. Patton, Perry, Redfern, Sayre, Schlichter, Schneider, Seaver, Seitz, Setzer, G. Smith, D. Stewart, J. Stewart, Sykes, Taylor, Uecker, Wagoner, Walcher, Webster, White, Widowfield, Wolpert, Woodard, Yates, Yuko
Senators Jordan, Grendell, Schuring, Dann, Mallory, Zurz
To amend section 2919.251 of the Revised Code to require a person who is charged with an offense of violence involving a victim who is a family or household member and to whom any of a list of specified circumstances applies to appear before the court before the court sets bail for that person and to require the court to consider certain factors before setting bail for that person if the court is aware of certain specified information.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2919.251 of the Revised Code be amended to read as follows:
Sec. 2919.251. (A)
If Subject to division (D) of this section, a person who is charged with
the commission of any offense of violence , shall appear before the court for the setting of bail if the alleged victim of the offense charged was a family or household member at the time of the offense , and if the any of the following applies:
(1) The person charged, at the time of the
alleged 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 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
2909.06, 2909.07, 2911.12, or 2911.211 of the Revised
Code if the victim of the violation was a family or household member at
the time of the violation 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 offense
(2) The arresting officer indicates in a police report or other document accompanying the complaint any of the following:
(a) That the arresting officer observed on the alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
(b) That the arresting officer reasonably believes that the person had on the person's person at the time of the alleged offense a deadly weapon or dangerous ordnance;
(c) That the arresting officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
(B) To the extent that information about any of the following is available to the court, 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 a person who appears before the court pursuant to division (A) of this section:
(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
setting bail at a high level will interfere
with any treatment or counseling that the person or the family of
the person is undergoing the person has access to deadly weapons or a history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or any controlled substance;
(7) The severity of the alleged violence that is the basis of the offense, including but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(8) Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
(9) Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including but not limited to, stalking, surveillance, or isolation of the alleged victim;
(10) Whether the person has expressed suicidal or homicidal ideations;
(11) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
(B)(C) Any court that has jurisdiction over 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 offense ,
may set a schedule for bail to be used in cases involving those
offenses. The schedule shall require that a judge consider all
of the factors listed in division (A)(B) 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.
(D)(1) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by division (A) of this section to appear by video conferencing equipment.
(2) If in the opinion of the court the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by division (A) of this section is not practicable, the court may waive the appearance and release the person on bail in accordance with the court's schedule for bail set under division (C) of this section or, if the court has not set a schedule for bail under that division, on one or both of the following types of bail in an amount set by the court:
(a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash;
(b) A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.
(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with an offense of violence who is not described in that division from appearing before the court for the setting of bail.
(E) As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Dangerous ordnance" and "deadly weapon" have the same meanings as in section 2923.11 of the Revised Code.
Section 2. That existing section 2919.251 of the Revised Code is hereby repealed.
Section 3. The General Assembly acknowledges the Supreme Court's authority to prescribe rules governing practice and procedure in the courts of this state, as provided by Section 5 of Article IV of the Ohio Constitution. Recognizing the dangers posed to victims of domestic violence and other crimes of violence when the alleged perpetrators are not physically restrained, even though they may be under bond or subject to orders of protection, the General Assembly respectfully urges the Supreme Court to amend the existing Rules of Civil and Criminal Procedure, or to adopt new rules, to acknowledge the exigency of, give priority to, and otherwise encourage the speedy resolution of cases involving domestic violence.