The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 244 As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Mason, Kearney, Cates, Coughlin, Goodman, Schuler, Stivers, Fedor
A BILL
To amend sections 2743.191, 2903.214, and 2919.27 of
the Revised
Code to authorize the court to
require that certain persons who engage in
menacing by stalking and against whom a civil
order of protection is granted be electronically
monitored and to authorize the court to require
that
certain persons convicted of violating a
protection order that requires electronic
monitoring be electronically monitored.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.191, 2903.214, and 2919.27 of
the Revised
Code be amended to read as follows:
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of
the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) The costs of installation and monitoring of an electronic
monitoring device used in the monitoring of a respondent pursuant
to an electronic monitoring order issued by a court under division
(E)(1)(b) of section 2903.214 of the Revised Code if the court
determines that the respondent is indigent or in the monitoring of
an offender pursuant to an electronic monitoring order issued
under division (B)(5) of section 2919.27 of the Revised Code if
the court determines that the offender is indigent.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation
is made by the general assembly pursuant to this
division, the
fund has sufficient unencumbered funds to pay the
award or part of
the award, the available funds shall be used to
pay the award or
part of the award, and the appropriation request
shall be amended
to request only sufficient funds to pay that
part
of the award
that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined
and all rights to appeal exhausted, except
as otherwise
provided
in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the
costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2903.214. (A) As used in this section:
(1) "Court" means the court of common pleas of the county in
which the
person to be protected by the protection order resides.
(2) "Victim advocate" means a person who provides support
and
assistance
for
a person who files a petition under this
section.
(3) "Family or household member" has
the same meaning as in
section 3113.31 of the
Revised Code.
(4) "Protection order issued by a court of another state"
has
the same meaning as in section 2919.27 of the
Revised Code.
(5) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(6) "Electronic monitoring" has the same meaning as in
section 2929.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under
this section.
(C) A person may seek relief under this section for
the
person, 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 both all of the following:
(1) An allegation that the respondent engaged in a violation
of section
2903.211 of the Revised Code against the person to be
protected by the protection order or committed a sexually oriented
offense against the person to be protected by the protection
order, including a description of the
nature and
extent of the
violation;
(2) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the
respondent engaged in
conduct that would cause a reasonable person
to believe that the
health, welfare, or safety of the person to be
protected was at
risk, a description of the nature and extent of
that conduct, and
an allegation that the respondent presents a
continuing danger to
the person to be protected;
(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 as soon as possible after the petition is filed, but
not later
than the next day that the court is in session after the
petition is filed.
The
court, for good cause shown at the ex
parte hearing, may enter
any temporary orders, with or without
bond, that the court finds necessary for
the safety and protection
of the person to be protected by the order.
Immediate and present
danger to the person to be protected by the protection
order
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 person to be protected
by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section
2903.211
of the Revised Code or a sexually oriented
offense against the person to be
protected by the protection
order.
(2)(a) If the court, after an ex parte hearing, issues a
protection order
described in division (E) of this section, 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)(a) After an ex parte or full hearing, the court may
issue any protection order, with or without bond,
that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order, including, but not
limited to, a
requirement that the
respondent refrain from
entering the
residence, school, business, or place of employment
of the
petitioner or family or household member.
If the court
includes a requirement that the respondent
refrain from entering
the residence, school, business, or place
of employment of the
petitioner or family or household member in
the order, it also
shall include in the order provisions of the
type described in
division
(E)(5) of this section.
(b) After a full hearing, if the court considering a petition
that includes an allegation of the type described in division
(C)(2) of this section, or the court upon its own motion, finds
upon clear and
convincing evidence that the petitioner reasonably
believed that
the respondent's conduct at any time preceding the
filing of the petition endangered the health, welfare, or safety
of the person to be protected and that the respondent presents a
continuing danger to the person to be protected, the court may
order that the respondent be electronically monitored for a period
of time and under the terms and conditions that the court
determines are appropriate. Electronic monitoring shall be in
addition to any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section
shall
be valid until a date certain
but not later than five years
from the date of its issuance.
(b) Any protection order issued pursuant to this section may
be
renewed in the same
manner as the original order was issued.
(3) 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) 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 with 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 a
violation of section
2903.211 of the Revised Code against the
person to be protected by the
protection order issued pursuant to
this section, has committed a sexually oriented offense against
the person to be protected by the protection order, or has
violated a protection
order issued
pursuant to
section 2903.213 of
the Revised Code relative to the person to be
protected by
the
protection order issued pursuant to this section.
(4) No protection order issued pursuant to this section
shall
in any
manner affect title to any real property.
(5)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the petitioner or a family or household member, the
order
shall clearly state that the order cannot be waived or
nullified
by an invitation to the alleged offender from the
complainant 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 petitioner or family or
household member.
(b) Division
(E)(5)(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 protection order issued under this
section, did
not commit the violation or was not in contempt of
court.
(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this
section
to the
petitioner, to the respondent, 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 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 delivered to the
agencies
pursuant
to division
(F)(1) of this section. With
respect to each
order delivered, each
agency shall note on the
index the
date and
time that it received the order.
(3) Regardless of whether the petitioner has registered the
protection
order
in the county in which the officer's agency has
jurisdiction
pursuant to division (M) of this section, any officer
of a law
enforcement agency shall enforce a protection order
issued pursuant to this
section by any court in
this state in
accordance with the provisions of the order, 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 a
protection
order may be obtained under this section with or
without bond.
An order issued under this section, other than an
ex parte
order, that grants a protection order, or that refuses to
grant
a protection order, 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.
(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged
commission of a sexually oriented offense shall
provide
information to the victim and the family or household members of
the
victim regarding the relief available under this section and
section 2903.213
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 by 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, 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) A person who violates a protection order issued
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
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 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.
(L) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under
this
section or a protection order
under section 2903.213 of the
Revised Code may
provide notice of the issuance or approval of the
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 pursuant to division
(M)(2) of this
section and filing a copy of the registered order 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 protection order
issued
pursuant to this section or section
2903.213 of the Revised Code
in a county other
than the county in which
the court that issued
the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the
order
from the clerk of the court that issued the order 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 is to be registered.
(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or
county court shall
place an endorsement of registration
on the order and give the
petitioner a copy of the order that
bears that proof of registration.
(3) The clerk of each court of common pleas,
municipal
court,
or county court shall maintain a registry of certified
copies of
protection
orders that have been issued
by courts in
other
counties pursuant to
this section or section 2903.213 of the
Revised Code
and that have been registered with the
clerk.
(N) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the
installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent,
the cost of the installation and monitoring of the electronic
monitoring device shall be paid out of funds from the reparations
fund created pursuant to section 2743.191 of the Revised Code.
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.
(2) Except as otherwise provided in division
(B)(3) or (4) of
this section, violating a protection
order is a misdemeanor of the
first degree.
(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
one
or more
violations of this section, 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.
(5) If the protection order violated by the offender was an
order issued pursuant to section 2903.214
of the Revised Code
that required electronic monitoring of the offender pursuant to
that section, the court may require
in addition to any
other
sentence imposed upon the offender that the offender be
electronically monitored for a period not exceeding five years by
a law enforcement agency designated by the court. If the court
requires under this division that the offender be electronically
monitored, unless the court determines that the offender is
indigent, the court shall order that the
offender pay the costs
of the installation of the electronic
monitoring device and the
cost of monitoring the electronic
monitoring device. If the court
determines that the offender is indigent, the costs of the
installation of the electronic monitoring device and the cost of
monitoring the electronic monitoring device shall be paid out of
funds from the reparations fund created pursuant to section
2743.191 of the Revised Code.
(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 2743.191, 2903.214, and
2919.27 of the
Revised Code are hereby repealed.
|