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By Nancy Neylon
Updated March 2010
Brief Summary of Major Provisions
of HB 167
As Passed by the Ohio House of Representatives
Introduced on May 5, 2009 by Rep. Dennis Murray (D-Sandusky), the bill
passed the House including amendment language provided by the Ohio Chamber
of Commerce on December 8, 2009 and is awaiting testimony and passage
before the Senate Judiciary Civil Justice Committee. Below is a link to
Representative Murray’s speech on the floor of the House. To get
to Representative Murray’s floor speech- at the bottom of the picture
you will see little forward arrows; scroll or click to 1:30:40.
Action needed: Pease contact your
state Senator and ask them to support HB 167. It is particularly important
to contact your Senator if they are a member of the Senate Civil Judiciary
Committee.
This is a summary of the major provisions of
HB 167. Please see the full bill for all provisions. The amended bill
as passed out of the House is available at:
The proposed legislation would:
- Prohibit law enforcement for charging either
the victim or the landlord with responding to domestic violence or stalking
calls.
- Prohibit employers with more than 25 employees
from discharging, discriminating or retaliating against employees who
are victims of domestic violence, or refusing to hire prospective candidates
on this basis.
- Allow a victim to take up to 10 days unpaid
leave per year for court and other necessary proceedings; require victims
to provide as much notice as possible and documentation for such leave.
- Require employers create their own policies
offering reasonable accommodation to employees who are victims of domestic
violence unless doing so would create unreasonable hardship. These accommodations
might include changing a parking space, phone extension, job location,
etc.
- The housing provisions permit a victim of domestic
violence to terminate a lease or remove their name from a lease. Victims
can be required to provide documentation of domestic violence or stalking.
- Require landlords to change the locks in the
victim’s dwelling at the victim’s expense.
- Require public housing authorities to transfer
a victim to another unit if one is available.
Representative Dennis Murray’s opening comments during
his testimony on the House Floor before it’s vote to pass HB 167
and send it over to the Ohio Senate:
“The law in the State
of Ohio, Mr. Speaker at present is such that if a victim of domestic
violence or stalking asks an employer for a modest accommodation such
as a changed parking spot, to move a cubicle out of public view, or
for a different phone number, the employer has the unfettered right
to decline to even consider such a request. If the abuser then shows
up at the workplace, the employer possesses the unqualified right to
fire the victim on the spot because of the bum’s behavior. If
upon returning to a rental apartment, the victim has safety concerns
either for the victim or any children, and asks the landlord to remove
the bum from the lease, the landlord has neither the power nor the obligation
to grant such a request under any circumstances. Alternatively, if the
victim leaves the apartment out of fear, the landlord can sue for the
balance of the lease and the victim may not terminate the lease early.
As an alternative, if the victim requests that the locks be changed,
at his or her own expense, the landlord has no obligation to grant or
even consider such a request. Finally, to add insult to injury, a victim
of domestic violence who calls the police – an outcome which we
all desire in many communities - can either directly or through the
landlord receive a bill for such, thereby discouraging victims from
asking for help or understandably causing landlords to be reluctant
to rent to victims or potential victims. It is almost as though the
world is conspiring against victims when we should be working to support
them. Mr. Speaker, I believe it is time for Ohio to join the ranks of
26 other states which have adopted legislation to provide protections
for victims in the workplace and the rental context.”
Other Ohio Public Policy
Updates
Am. Sub. HB 10 - Juvenile
Protection Orders in Dating Relationships
Introduced on February 17, 2009 by Rep. Edna Brown (D-Toledo) and signed
by Governor Strickland on March 17, 2010 (effective in 90 days). The legislation
expands the jurisdiction of the juvenile court to issue civil protection
orders to juveniles. The amended bill includes an amendment to the expungment
provision. The bill now allows protection orders to stay in effect until
the Respondent reaches the age of 19 at which time they are sealed, not
expunged. This allows law enforcement and prosecutors access to the records.
The records are then expunged at age 23, as are all juvenile records.
The substitute bill also addresses the cost of electronic monitoring and
caps the cost that counties can spend on indigent juvenile offenders.
HB 19- Dating
Violence Prevention in Schools
Introduced on February 18, 2009 by Rep. Sandra Harwood (D-Niles), effective
March 29, 2010. ODVN is part of a Task Force initiated by the Ohio Department
of Education (ODE) to implement the bill. Also working on the Task Force
are the Office of Criminal Justice Services, the Attorney General of Ohio
and the Ohio Department of Health. The Task Force is gathering evidence-based
practices (preferred by ODE) and other resources to put on the ODE web
site for schools and will meet again in March to discuss training for
school personnel.
HB 55 - Animal
Cruelty
The bill was reintroduced on March 3, 2009 by Rep. Brian Williams (D-Akron)
and Rep. Courtney Combs (R-Hamilton). The bill would include the protection
of companion animals in civil and criminal domestic violence and stalking
orders, mandate psychological assessment and counseling for juveniles
that committed animal cruelty and revise the penalties and sentencing
provision for cruelty to animals. The bill has had three hearings and
no further movement. The Statute and Rules Committee of the Family Violence
Prevention Center; Office of Criminal Justice Services (OCJS) has some
concerns about the ambiguity of the bill as regards whether or not the
legislation intends to make a companion animal a “protected party.”
If so, what is the standard of proof and does the animal need to be independently
abused? If the intent is just to ensure protection then that must be clarified.
Additional language would also be helpful including removing the companion
animal from the abuser, permitting a victim to return to a residence to
remove a companion animal, and enjoining the defendant/respondent from
interfering with the care, custody, and control of a companion animal.
We have based these ideas on best practice from other states. The Statutes
and Rules Committee have sent our ideas up the ladder at OCJS/Department
of Public Safety and have meet with the legislation’s sponsor to
introduce the possible amendments.
HB 70 -Companion
Animals
Introduced by Rep. Robert Hagan (D-Austintown) and Rep. Ronald Gerberry
(D-Youngstown), and passed by the House February 24, 2010, the bill would
enhance the penalty for violation of the prohibition against cruel treatment
of a companion animal to a fifth degree felony.
HB 112 - Protection
Orders
Introduced by John Domenick (D-Smithfield) on March 31, 2009, the bill
would authorize a court to monitor alleged offenders by a GPS system as
a condition of pre-trial release in specified criminal cases. The cost
is borne by the alleged offender.
HB 371- Child
in Need of Protective Services-CHIPS
Introduced by Rep. Connie Pillich (D-Montgomery) and Rep. Robin Belcher
(D-Cleveland) on November 17, 2009 with support from the Ohio Department
of Human Services and the Supreme Court of Ohio, the legislation changes
Ohio’s child protection definitions in order to eliminate confusing
and overly broad or vague definitions for child maltreatment. The goal
is to establish a framework that focuses on the safety and well being
of children while promoting parental rights, autonomy and family preservation,
enhancing parental accountability and advancing consistency from county
to county in case response and decision making. The bill has had sponsor
testimony.
HB 391- Address
Confidentiality
Introduced by Rep. Kathleen Chandler (D-Kent) with support from the Secretary
of State’s office, the bill was passed unanimously by the House
Civil and Commercial Law Committee on March 9, 2010. The bill would provide
a confidential address through the Secretary of State’s Office for
victims for domestic violence, sexual assault and stalking and provide
program enrollees with the opportunity to vote absentee.
HB 429- Domestic
Violence
Introduced by Rep. Marian Harris (D-Columbus) and Rep. Peggy Lehner (R-Kettering)
on January 28, 2010, the bill has yet to have sponsor testimony. The bill
was assigned to the House Criminal Justice Committee. The legislation
includes the following provisions: requires the Attorney General to collect
data on the number of protection orders and violations; establishes criteria
for fatality review teams; requires the court to require that a domestic
violence offender participate in a domestic violence treatment program
or other counseling program; requires one judicial review at 30 days and
additional reviews at the court’s discretion; extends criminal protection
orders through the term of probation at the court’s discretion;
allows for jail time up to one year for a first degree misdemeanor at
the court’s discretion; and adds statement made by witnesses to
the factors for law enforcement to determine primary aggressor.
SB 144 - Family
Stability
Introduced by Sen. Ray Miller (D-Columbus) on June 16, 2009, the bill
would create the Ohio Family Stability Commission. The intent of the Commission
is to research and formulate recommendations regarding the reduction of
the divorce rate, unmarried births, the rate of domestic violence and
child abuse, and research and recommend strategies around issues concerning
child custody and child support and to implement said recommendations.
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