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Am. S. B. No. 128 As Reported by the House Judiciary Committee
As Reported by the House Judiciary Committee
126th General Assembly | Regular Session | 2005-2006 |
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Senators Cates, Wilson, Niehaus, Grendell
Representatives Willamowski, Coley
A BILL
To amend sections 2301.02 and 2919.251 of the Revised Code to add one additional judge for the general division of the Butler County Court of Common Pleas to be elected in 2006 and to eliminate the requirement that a person charged with an offense of violence against a family or household member appear before the court for the setting of bail if the person is subject to a protection order or consent decree related to domestic violence or previously was convicted of or pleaded guilty to certain offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2301.02 and 2919.251 of the Revised Code be amended to read as follows:
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows: (A) In Adams, Ashland, Fayette, and Pike counties, one
judge, elected in 1956, term to begin February 9, 1957; In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term
to begin February 9, 1955; In Auglaize county, one judge, to be elected in 1956, term
to
begin January 9, 1957; In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Morrow, Paulding,
Vinton, and Wyandot counties, one judge, to be elected in 1956,
term to begin January 1, 1957; In Logan county, two judges, one to be elected in 1956, term to begin January 1, 1957, and one to be elected in 2004, term to begin January 2, 2005; In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953; In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955; In Henry county, two judges, one to be elected in 1956, term to begin May 9, 1957, and one to be elected in 2004, term to begin January 1, 2005; In Putnam county, one judge, to be elected in
1956, term to begin May 9, 1957; In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953; In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956; In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979; (B) In Allen county, three judges, one to be elected in
1956, term to begin February 9, 1957, the second to be elected in
1958, term to begin January 1, 1959, and the third to be elected
in 1992, term to begin January 1, 1993; In Ashtabula county, three judges, one to be elected in
1954,
term to begin February 9, 1955, one to be elected in 1960,
term to
begin January 1, 1961, and one to be elected in 1978,
term to
begin January 2, 1979; In Athens county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1990,
term to
begin July 1, 1991; In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970,
term to begin January 2, 1971, the third to be elected in 2004, term to begin January 2, 2005, and the fourth to be elected in 2008, term to begin February 9, 2009; In Fairfield county, three judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971, and the third to be elected
in
1994, term to begin January 2, 1995; In Geauga county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1976,
term to begin January 6, 1977; In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995; In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979; In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977; In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976,
term to begin January 2, 1977, and the third to be elected in
1998, term
to begin February 9, 1999; In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995; In Miami county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1970,
term to
begin on January 1, 1971; In Muskingum county,
three judges, one to be elected in
1968,
term to begin August 9, 1969,
one to be elected in 1978,
term
to begin January 1, 1979, and one to be elected in 2002, term
to begin January 2, 2003; In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987; In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977; In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960,
term to begin January 1, 1961, and the third to be elected
in
1994, term to begin January 2, 1995; In Seneca county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1986,
term to begin January 2, 1987; In Warren county,
four judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971,
the third to be elected
in
1986, term to begin January 1, 1987, and the fourth to be
elected in 2004, term to begin January 2, 2005; In Washington county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and one to be elected in
1986, term
to begin January 1, 1987; In Wood county, three judges, one to be elected in 1968,
term
beginning January 1, 1969, the second to be elected in 1970,
term
to begin January 2, 1971, and the third to be elected in
1990,
term to begin January 1, 1991; In Belmont and Jefferson counties, two judges, to be
elected
in 1954, terms to begin January 1, 1955, and February 9,
1955,
respectively; In Clark county, four judges, one to be elected in 1952,
term
to begin January 1, 1953, the second to be elected in 1956,
term
to begin January 2, 1957, the third to be elected in 1986,
term to
begin January 3, 1987, and the fourth to be elected in
1994, term
to begin January 2, 1995. In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in
1986, term to begin January 2, 1987; and the fifth to be elected in 2006, term to begin January 3, 2007; In Columbiana county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and the second to be elected
in
1956, term to begin January 1, 1957; In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995; In Lake county, six judges, one to be elected in 1958,
term
to begin January 1, 1959, the second to be elected in 1960,
term
to begin January 2, 1961, the third to be elected in 1964,
term to
begin January 3, 1965, the fourth and fifth to be
elected in 1978,
terms to begin January 4, 1979, and January
5, 1979, respectively,
and the sixth to be elected in 2000, term to
begin January 6,
2001; In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to
begin January 1, 1965, one to be elected in 1990, term to
begin January 1, 1991, and one to be elected in 2004, term to begin January 1, 2005; In Lorain county, eight judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively,
one to be elected in 1958, term to begin January 3,
1959, one to
be elected in 1968, term to begin January 1, 1969,
two to be
elected in 1988, terms to begin January 4, 1989,
and January 5,
1989, respectively, and two to be elected in 1998, terms to
begin
January 2, 1999, and January 3, 1999, respectively; In Butler county,
ten eleven judges, one to be elected in
1956,
term to begin January 1, 1957; two to be elected in 1954,
terms
to
begin January 1, 1955, and February 9, 1955,
respectively; one
to
be elected in 1968, term to begin January 2,
1969; one to be
elected in 1986, term to begin January 3, 1987;
two to be elected
in 1988, terms to begin January 1, 1989, and
January 2, 1989,
respectively;
one to be elected in 1992, term
to begin
January 4,
1993;
and
two to be elected in 2002,
terms to
begin
January
2,
2003, and January 3, 2003, respectively; and one to be elected in 2006, term to begin January 3, 2007; In Richland county, four judges, one to be elected in
1956,
term to begin January 1, 1957, the second to be elected in
1960,
term to begin February 9, 1961, the third to be elected
in
1968, term to begin January 2, 1969, and the fourth to be elected in 2004, term to begin January 3, 2005; In Tuscarawas county, two judges, one to be elected in
1956,
term to begin January 1, 1957, and the second to be elected
in
1960, term to begin January 2, 1961; In Wayne county, two judges, one to be elected in 1956,
term
beginning January 1, 1957, and one to be elected in 1968,
term to
begin January 2, 1969; In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected
in
1994, term to begin January 3, 1995; (C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January
5, 1965, respectively; one to be elected in 1966, term to
begin on
January 10, 1967; four to be elected in 1968, terms to
begin on
successive days beginning from January 9, 1969, to
January 12,
1969; two to be elected in 1974, terms to begin on
January 18,
1975, and January 19, 1975, respectively; five to be
elected in
1976, terms to begin on successive days beginning
January 6, 1977,
to January 10, 1977; two to be elected in 1982,
terms to begin
January 11, 1983, and January 12, 1983,
respectively; and two to
be elected in 1986, terms to begin
January 13, 1987, and January
14, 1987, respectively; In Franklin county, twenty-two judges; two to be elected
in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to
be elected in 1976, terms to begin on successive days
beginning
January 5, 1977, to January 7, 1977; one to be elected
in 1982,
term to begin January 8, 1983; one to be elected in
1986, term to
begin January 9, 1987; two to be elected in
1990, terms to begin
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in 1996, term to begin
January 2, 1997; and one to be elected in 2004, term to begin July 1, 2005; In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965;
one to be elected in 1974, term to begin January 15, 1975;
one to
be elected in 1980, term to begin January 16, 1981; two to
be
elected at large in the general election in 1982, terms to
begin
April 1, 1983; one to be elected in 1990, term to begin
July 1,
1991; and two to be elected in 1996, terms to begin
January 3,
1997, and January 4, 1997, respectively; In Lucas county, fourteen judges; two to be elected in
1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993; In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to
begin January 1, 1957; one to be elected in 1952, term to
begin
January 1, 1953; one to be elected in 1968, term to begin
January
2, 1969; and one to be elected in 1990, term to begin
July 1,
1991; In Montgomery county, fifteen judges; three to be elected
in
1954, terms to begin January 1, 1955, January 2, 1955, and
January
3, 1955, respectively; four to be elected in 1952, terms
to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2,
1953,
respectively; one to be elected in 1964, term to begin
January 3,
1965; one to be elected in 1968, term to begin January
3, 1969;
three to be elected in 1976, terms to begin on
successive days
beginning January 4, 1977, to January 6, 1977;
two to be elected
in 1990, terms to begin July 1, 1991, and July
2, 1991,
respectively; and one to be elected in 1992, term to
begin January
1, 1993. In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms
to begin on January 1, 1955, and February 9, 1955,
respectively;
two to be elected in 1952, terms to begin January
1, 1953, and
April 16, 1953, respectively; one to be elected in
1966, term to
begin on January 4, 1967; and two to be elected in
1992, terms to
begin January 1, 1993, and January 2, 1993,
respectively; In Summit county, eleven judges; four to be elected in
1954,
terms to begin January 1, 1955, January 2, 1955, January 3,
1955,
and February 9, 1955, respectively; three to be elected in
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17, 1959,
respectively; one to be elected in 1966, term to begin
January 4,
1967; one to be elected in 1968, term to begin January
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
and one to
be elected in 1992, term to begin January 6, 1993. Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected
at the same election, if the office of one of those
judges so
elected becomes vacant more than forty days prior to
the second
general election preceding the expiration of that
judge's term,
the office that that judge had filled shall be
abolished as of the
date of the next general election, and a new
office of judge of
the court of common pleas shall be created. The judge who
is to
fill that new office shall be elected for a
six-year term at the
next general election, and the term
of that judge shall commence
on the first day of the year following
that general
election, on
which day no other judge's term begins, so that the
number of
judges that the county shall elect shall
not be
reduced. Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and
Wyandot counties in which the judge of the court of common pleas
elected pursuant to this section also shall serve as judge
of the
probate division.
Sec. 2919.251. (A) 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 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)(1) 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)(2) 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)(3) 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 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
other person; (5) Whether 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. (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 (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 sections 2301.02 and 2919.251 of the Revised Code are hereby repealed.
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