By Nancy Neylon
Updated April 6, 2009

OHIO

• HB 10 - DATING RELATIONSHIPS
  To amend sections 2151.23, 2903.214, 2919.25, 3113.31, and 3113.33 of the Revised Code to allow a court to issue a civil protection order to a child who has had or has a dating relationship with the respondent if certain offenses are alleged and to include foster parents under the scope of the domestic violence laws.

  This legislation was reintroduced by Rep. Edna Brown (D-Toledo) on February 17, 2009 as passed last year by the Ohio House of Representatives. It does not include any of the last minute changes that were amended into the bill by the Ohio Senate Civil Justice Committee that never passed the full Senate. The proposed legislation would allow a juvenile court to issue a civil protection order to a minor who has had or has a dating relationship with the respondent. Both the victim and the respondent must be under 18 years of age. A dating relationship is defined as “a social relationship of a romantic or intimate nature. The existence of such a relationship shall be determined by: the length of the relationship; the nature of the relationship; the frequency of interaction between the persons involved in the relationship; and any other factor that the court deems relevant.” Juvenile judges retain all dispositionary powers consistent with existing rules of procedure and may exercise discretion in adjudicating the proceedings. In addition, HB 10 clarifies that a Common Pleas Court may still designate a minor child a protected party on an adult protection order. The bill has been assigned to the Civil and Commercial Law Committee.
  

• HB 19 - DATING RELATIONSHIPS
  To amend sections 3301.0718 and 3313.60 and to enact sections 3301.23 and 3313.668 of the Revised Code to require school districts to adopt a dating violence policy and to include dating violence education within the health education curriculum.

  This legislation introduced by Rep. Sandra Harwood (D-Niles) on February 18, 2009 would require school districts to adopt a dating violence policy and to include dating violence within the health education curriculum for grades 7 through 12. The proposed legislation would require the Ohio Board of Education to develop a model dating violence policy and standards for dating violence education to assist school districts in developing their own policy. The education must include a definition of dating violence, warning signs of dating violence and characteristics of healthy relationships. School districts shall provide training to administrators, teachers, school nurses and mental health professionals on the basic principles of dating violence, warning signs of dating violence and the school districts dating violence policy. HB 19 is based on model legislation passed last year in Rhode Island. It is supported by the National Foundation for Women Legislators and recommended by the National Association of Attorneys General. The bill has been assigned to the Education Committee.
  

• HB 55 - ANIMAL CRUELTY
  To amend sections 959.99, 2152.19, 2903.213, 2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 and to enact section 4731.284 of the Revised Code to revise the penalties and sentencing provisions regarding violations of the cruelty to animals statutes and to include the protection of companion animals in temporary protection orders, domestic violence protection orders, anti-stalking protection orders, and related protection orders. Reintroduced by Rep. Brian Williams (D-Akron) and Rep. Courtney Combs (R-Hamilton) on March 3, 2009, the proposed legislation would permit courts to include companion animals in the residence of a protected person to be on a protection order. The bill also increases the penalty for cruelty to animals for a second violation from a second degree to a first degree misdemeanor. HB 55 requires a court to have a juvenile who commits cruelty to animals undergo a psychological evaluation and if counseling is recommended to undergo such counseling. The parent or guardian can be ordered to pay for the evaluation and counseling by the court. The bill also requires the State Medical Board, State Board of Psychology and the Counselor, Social Worker and Marriage and Family Therapist Board to approve continuing education courses of study related to the counseling of individuals who abuse animals. The bill has been assigned to the Criminal Justice Committee.
  

• HB 70 - COMPANION ANIMALS
  To amend section 959.99 of the Revised Code to increase the penalty for violation of the prohibition against cruel treatment of a companion animal by the animal's custodian or caretaker to a felony of the fifth degree.

  This bill was introduced on March 10, 2009 by Rep. Ronald Gerberry (D-Austintown) and Rep. Robert Hagan (D-Youngstown) and has been assigned to the Criminal Justice Committee. The proposed legislation specifically increases the penalty for violation of Ohio Revised Code Section 959.131 (C) to a fifth degree felony. This section of the ORC refers to the torturing, maiming, needlessly killing, cruelly beating or poisoning a companion animal or depriving a companion animal of food and shelter.
  

• HB 112 - PROTECTION ORDERS
  To amend sections 2903.213 and 2919.26 of the Revised Code to authorize a court that issues a temporary protection order in specified criminal cases to require the alleged offender, as a condition of pretrial release, to be monitored by a global positioning system device at the alleged offender's expense.

  Introduced by John Domenick (D-Smithfield) on March 31, 2009 and referred to Criminal Justice Committee.

  For more information or updates on the above legislation, call ODVN.