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OH SB261
Bill
Status
6/4/2014
Primary Sponsor
Marlene Anielski
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AI Summary
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Service of a protection order or consent agreement is not required for conviction if prosecution proves the defendant had actual notice of the order's existence and terms and recklessly violated them.
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"Actual notice" is defined as knowledge of the protection order or agreement by being shown a time-stamped copy by any means, including electronic means, by any person.
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Violation of a protection order remains a first-degree misdemeanor, but becomes a fifth-degree felony if the offender has prior convictions for protection order violations, certain assault or stalking offenses, or previous protection order violations.
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Violation of a protection order while committing a felony offense is a third-degree felony.
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The amendment is intended to supersede the Ohio Supreme Court's decision in State v. Smith (2013) regarding imperfect service of protection orders.
Legislative Description
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.
Protection orders-violation of-penalty/ enter in National Crime Information Center
Last Action
Conference Committee
11/12/2014