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OH SB7
Bill
Status
9/27/2017
Primary Sponsor
Kevin Bacon
Click for details
AI Summary
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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.
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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.
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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.
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Elevates the offense to a felony of the third degree if the protection order violation occurs while committing a separate felony offense.
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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