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OH SB7

Bill

Status

Passed

9/27/2017

Primary Sponsor

Kevin Bacon

Click for details

Origin

Senate

132nd General Assembly (2017-2018)

AI Summary

  • Amends Ohio Revised Code Section 2919.27 to eliminate the requirement that prosecution prove a protection order or consent agreement was formally served on a defendant if the defendant was shown the order or informed by a judge, magistrate, or law enforcement officer that an order had been issued.

  • Allows conviction for violating a protection order based on the defendant's reckless violation of the order's terms, regardless of whether formal service occurred.

  • Increases penalties for protection order violations to a felony of the fifth degree if the offender has prior convictions for protection order violations, domestic violence offenses, or assault/battery involving the same protected person.

  • Elevates the offense to a felony of the third degree if the protection order violation occurs while committing a separate felony offense.

  • Intended to supersede the Ohio Supreme Court's holding in State v. Smith (2013) that unperfected service of a protection order prevented prosecution for violations.

Legislative Description

Know of protection order if actual knowledge

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Effective 9/27/17

9/27/2017

Committee Referrals

Criminal Justice3/14/2017
Local Government Public Safety and Veterans Affairs2/8/2017
Ways and Means2/1/2017

Full Bill Text

No bill text available