Ohio House considering domestic violence law for third time
COLUMBUS — A bill that would require police officers to screen victims of domestic violence to assess the risk that they could be killed by their partners, among other changes for survivors, was again introduced in the Ohio House on Thursday.
House Bill 486 is sponsored by state Reps. Sara Carruthers, a Cincinnati-area Republican, and Juanita Brent, a Cleveland Democrat. Carruthers previously sponsored the bill with Janine
Boyd, a Democrat and former state representative who now serves on the Cleveland Heights City Council and who has incorporated parts of the legislation in the city.
The bill is known as Aisha’s Law because it’s named after Aisha Fraser, a beloved mother and teacher in Shaker Heights who was stabbed to death in 2018 by her husband, former judge and state lawmaker Lance Mason, in front of their daughters. Had the law been in place at the time of Fraser’s death, her family believes she’d still be alive.
The bill has passed the
House twice but gone nowhere in the Senate.
This time, the bill is simpler. It’s 77 pages instead of that 132-page bill during the 2021-2022 legislative session.
Missing in this year’s bill is a section that creates a standalone law to make strangulation illegal. Although Aisha’s Law hasn’t made it to the finish line, its strangulation provisions passed in another bill that was signed into law last legislative session.
County prosecutors were opposed to the first version of the bill because it contained too many specifications of how domestic violence cases would be prosecuted. When it was introduced for the second time, county prosecutors were on board but defense attorneys had questions about the bill.
The Cuyahoga County Public Defender’s Office is reviewing the bill, attorney John Martin said.
The bill still notably contains provisions requiring law enforcement, when responding to domestic violence calls, to use an evidence-based lethality assessment screening tool.
Research shows some domestic violence acts are correlated with a victim being at risk for murder, such as strangulation, which puts victims at risk for being killed 10 times higher than people who are not strangled by their partners.
Police are to refer high-risk victims to local or regional domestic violence advocacy services, the bill states.
Under the bill, officers are to provide victims of strangulation the following warning: “I have a duty to warn you that strangulation is serious and can cause internal injuries, brain damage, and delayed health consequences such as strokes, thyroid issues, miscarriage, and death. Research shows that if you are strangled one time, you are more likely to be killed by your partner. I strongly encourage you to seek immediate medical attention at an emergency department and to ask for support from an advocate.”
Officers can request an emergency protection order from a judicial officer during any time the court is not open for regular business if the victim consents, the bill states.