Bill Text: OH SB261 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To provide that service of a protection order or consent agreement upon a person is not necessary for the person to be convicted of the offense of violating a protection order if the prosecution proves that the person had actual notice of the existence and terms of the order or agreement and that the person recklessly violated its terms.

Spectrum: Slight Partisan Bill (Republican 25-15)

Status: (Engrossed - Dead) 2014-11-12 - Conference Committee [SB261 Detail]

Download: Ohio-2013-SB261-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 261

Senators Bacon, Manning 

Cosponsors: Senators Patton, Obhof, Seitz, Brown, Balderson, Beagle, Burke, Eklund, Hite, Hughes, Jones, LaRose, Oelslager, Sawyer, Tavares 

Representatives Anielski, Antonio, Baker, Barborak, Beck, Boose, Boyce, Butler, Carney, Celebrezze, Grossman, Milkovich, O'Brien, Pillich, Rogers, Ruhl, Sprague, Stebelton, Stinziano, Strahorn, Terhar, Winburn, Young 

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A BILL

To amend section 2919.27 of the Revised Code to

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provide that service of a protection order or

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consent agreement upon a person is not necessary

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for the person to be convicted of the offense of

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violating a protection order if the prosecution

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proves that the person had actual notice of the

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existence and terms of the order or agreement and

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that the person recklessly violated its terms.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2919.27 of the Revised Code be	9
amended to read as follows:	10

Sec. 2919.27.  (A) No person shall recklessly violate the	11
terms of any of the following:	12

(1) A protection order issued or consent agreement approved	13
pursuant to section 2919.26 or 3113.31 of the Revised Code;	14

(2) A protection order issued pursuant to section 2151.34,	15
2903.213, or 2903.214 of the Revised Code;	16

(3) A protection order issued by a court of another state.

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(B)(1) Whoever violates this section is guilty of violating a	18
protection order.	19

(2) Except as otherwise provided in division (B)(3) or (4) of	20
this section, violating a protection order is a misdemeanor of the	21
first degree.	22

(3) IfViolating a protection order is a felony of the fifth	23
degree if the offender previously has been convicted of, pleaded	24
guilty to, or been adjudicated a delinquent child for aany of the	25
following:	26

(a) A violation of a protection order or consent agreement	27
issued pursuant to section 2151.34, 2903.213, or 2903.214, or	28
3113.31 of the Revised Code, two;	29

(b) Two or more violations of section 2903.21, 2903.211,	30
2903.22, or 2911.211 of the Revised Code, or any combination of	31
those offenses, that involved the same person who is the subject	32
of the protection order or consent agreement, or one;	33

(c) One or more violations of this section, violating a	34
protection order is a felony of the fifth degree.	35

(4) If the offender violates a protection order or consent	36
agreement while committing a felony offense, violating a	37
protection order is a felony of the third degree.	38

(5) If the protection order violated by the offender was an	39
order issued pursuant to section 2151.34 or 2903.214 of the	40
Revised Code that required electronic monitoring of the offender	41
pursuant to that section, the court may require in addition to any	42
other sentence imposed upon the offender that the offender be	43
electronically monitored for a period not exceeding five years by	44
a law enforcement agency designated by the court. If the court	45
requires under this division that the offender be electronically	46
monitored, unless the court determines that the offender is	47
indigent, the court shall order that the offender pay the costs of	48
the installation of the electronic monitoring device and the cost	49
of monitoring the electronic monitoring device. If the court	50
determines that the offender is indigent and subject to the	51
maximum amount allowable and the rules promulgated by the attorney	52
general under section 2903.214 of the Revised Code, the costs of	53
the installation of the electronic monitoring device and the cost	54
of monitoring the electronic monitoring device may be paid out of	55
funds from the reparations fund created pursuant to section	56
2743.191 of the Revised Code. The total amount paid from the	57
reparations fund created pursuant to section 2743.191 of the	58
Revised Code for electronic monitoring under this section and	59
sections 2151.34 and 2903.214 of the Revised Code shall not exceed	60
three hundred thousand dollars per year.	61

(C) It is an affirmative defense to a charge under division	62
(A)(3) of this section that the protection order issued by a court	63
of another state does not comply with the requirements specified	64
in 18 U.S.C. 2265(b) for a protection order that must be accorded	65
full faith and credit by a court of this state or that it is not	66
entitled to full faith and credit under 18 U.S.C. 2265(c).	67

(D) If a person is charged with a violation of this section,	68
service of the protection order or consent agreement on the	69
defendant is not required to prove the violation if the	70
prosecution proves that the defendant had actual notice of the	71
existence and terms of the protection order or consent agreement	72
and proves that the defendant recklessly violated the terms of the	73
order or agreement.	74

(E) As used in this section, "protection:

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(1) "Protection order issued by a court of another state"	76
means an injunction or another order issued by a criminal court of	77
another state for the purpose of preventing violent or threatening	78
acts or harassment against, contact or communication with, or	79
physical proximity to another person, including a temporary order,	80
and means an injunction or order of that nature issued by a civil	81
court of another state, including a temporary order and a final	82
order issued in an independent action or as a pendente lite order	83
in a proceeding for other relief, if the court issued it in	84
response to a complaint, petition, or motion filed by or on behalf	85
of a person seeking protection. "Protection order issued by a	86
court of another state" does not include an order for support or	87
for custody of a child issued pursuant to the divorce and child	88
custody laws of another state, except to the extent that the order	89
for support or for custody of a child is entitled to full faith	90
and credit under the laws of the United States.	91

(2) "Actual notice" means knowledge of the existence and	92
terms of a protection order or agreement by being shown a	93
time-stamped copy of the order or agreement by any means,	94
including electronic means, by any person.	95

Section 2. That existing section 2919.27 of the Revised Code	96
is hereby repealed.	97

Section 3. The General Assembly declares its intent that the	98
amendments made by this act to division (D) of section 2919.27 of	99
the Revised Code are intended to supersede the holding of the Ohio	100
Supreme Court in State v. Smith (2013), 136 Ohio St.3d 1, so that	101
unperfected service of a protection order or consent agreement	102
does not preclude a prosecution for a violation of division (A) of	103
that section.	104