Sub. H.B. 10

128th General Assembly

(Senate Judiciary Civil Justice**)

 

 

The Committee amended the bill to do the following:

1.  Removes the requirement that the juvenile court expunge the records of the proceeding in which a protection order is issued or the consent agreement is approved not later than 30 days after the respondent attains 18 years of age and instead requires the juvenile court to automatically seal the records of those proceedings on the date the respondent attains 19 years of age and specifies what persons and entities may inspect the sealed records and the purposes for which they may be inspected.

2.  Provides that if a juvenile court determines that a person who is under 18 years of age and against whom a protection order or consent agreement is issued or approved did not comply with all of the terms of the protection order or consent agreement, the juvenile court must consider sealing of the records of the proceeding upon the court's own motion or the application of the person and the motion or application may be made at any time after two years after the expiration of the protection order or consent agreement and specifies a procedure for doing so.

3.  Modifies the provision in the bill regarding the jurisdiction of the juvenile court to hear and determine matters involving protection orders and consent agreements against a child by providing that the juvenile court has jurisdiction to hear and determine matters involving protection orders or consent agreements against a child and to enforce those orders or agreements until, and that such protection orders and consent agreements are valid until, a date certain but not later than the date the child attains 19 (instead of 18) years of age.

4.  Modifies, for the purposes of Ohio law regarding delinquent children and juvenile traffic offenders, the definition of "child" to include any person who, while 18 years of age, violates the prohibition against violating certain types of protection orders by violating a protection order issued or consent agreement approved by the court and that this person is considered a child for the purposes of the violation of the prohibition against violating a protection order.

5.  Permits the Attorney General to represent any court of appeals, court of appeals judge, or court of appeals employee in a case brought against the court, judge, or employee that does not seek monetary relief.

6.  Provides that the court is no longer required or permitted to electronically monitor an indigent minor who is the subject of a protection order issued under the bill once the maximum amount of $300,000 that can be paid out of the Reparations Fund for electronic monitoring under protection orders and consent agreements is reached.

7.  Provides that in Butler County, the judges of the division of domestic relations also have concurrent jurisdiction with the judges of the juvenile division with respect to certain types of cases regarding custody, support, or custody and support of a child.

8.  Designates the statewide communications network of information, data, and statistics used by Ohio law enforcement agencies as the Ohio Law Enforcement Gateway, authorizes the Attorney General to adopt rules under the Administrative Procedures Act for the operation of and participation in this Gateway, and creates the offense of unauthorized use of the Ohio Law Enforcement Gateway, a felony of the fifth degree.

 

 

 

H0010-A-128.docx/ar

03/05/10