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H. B. No. 414 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Hughes, Evans, Setzer, Goodwin, Webster, Combs, Jones, Collier, Fende
A BILL
To amend section 2919.251 of the Revised Code to
modify when a defendant who is accused of
committing an offense of violence against a family
or household member must personally appear for the
setting of bail.
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) 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,
at the time of the offense, the alleged victim of the offense
charged was a family or household member at the time of the
offense or has or had a sexual relationship that resulted in the
person being the natural parent of a child of whom the alleged
victim is the other natural parent 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.
(2) The person charged previously was convicted of or
pleaded
guilty to a any of the following:
(a) A violation of section 2919.25 of the Revised
Code or a;
(b) A violation of section 2919.27 of
the Revised Code
involving a protection order or consent agreement of that the
type, a described in section 2919.26 or 3113.31 of the Revised
Code;
(c) 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 2919.25 or 2919.27 of
the Revised Code;
(d) 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;
(e) 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 the sections described in
division (A)(2)(a) of this section if the victim of the violation
was a family or household member at the time of the commission of
the violation, or any;
(f) Any offense of violence if the victim of the offense was
a
family or household member at the time of the offense;.
(2)(3) 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.
(4) A domestic violence advocate or a domestic violence
specialist or similarly trained employee employed by a law
enforcement agency or the court submits a written document to the
court indicating any of the following:
(a) That the advocate or specialist has observed on the
alleged victim objective manifestations of physical harm that the
advocate or specialist reasonably believes are a result of the
alleged offense;
(b) That the advocate or specialist 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 advocate or specialist 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 section 2919.251 of the Revised Code
is hereby repealed.
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