As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 342 5
1997-1998 6
REPRESENTATIVES HOUSEHOLDER-HAINES 7/1
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A B I L L
To amend sections 311.07 and 505.43 of the Revised 11
Code to expand the authority of a county sheriff 12
to provide aid to other specified political 13
subdivisions and to expand a township's authority 14
to obtain additional police protection by 16
contract. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 311.07 and 505.43 of the Revised 21
Code be amended to read as follows: 22
Sec. 311.07. (A) Each sheriff shall preserve the public 31
peace and cause all persons guilty of any breach of the peace, 32
within his THE SHERIFF'S knowledge or view, to enter into 33
recognizance with sureties to keep the peace and to appear at the 35
succeeding term of the court of common pleas, and the sheriff 36
shall commit such persons to jail in case they refuse to do so. 37
He THE SHERIFF shall return a transcript of all his THE SHERIFF'S 39
proceedings with the recognizance so taken to such court. He THE 41
SHERIFF shall, except as provided in division (C) of this 43
section, execute all warrants, writs, and other process directed 44
to him THE SHERIFF by any proper and lawful authority of this 45
state, and those issued by a proper and lawful authority of any 46
other state. He THE SHERIFF shall attend upon the court of 47
common pleas and the court of appeals during their sessions, and, 49
when required, shall attend upon the probate court. In the 50
execution of the OFFICIAL duties required of him OF THE SHERIFF, 52
the sheriff may call to his THE SHERIFF'S aid such persons or 54
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power of the county as is necessary. Under the direction and 55
control of the board of county commissioners, such sheriff shall 56
have charge of the court house. A sheriff or deputy sheriff of a 57
county may participate, as the director of an organized crime 58
task force established under section 177.02 of the Revised Code 59
or as a member of the investigatory staff of such a task force, 60
in an investigation of organized criminal activity in any county 61
or counties in this state under sections 177.01 to 177.03 of the 62
Revised Code. 63
(B) The sheriff of a county may call upon the sheriff of 65
any adjoining OTHER county, the mayor or other chief executive of 67
any municipal corporation within his county or in adjoining 69
counties, and the chairman CHAIRPERSON of the board of township 70
trustees of any township within his county or in adjoining 72
counties THIS STATE, to furnish such law enforcement or fire 74
protection personnel, or both, together with appropriate 75
equipment and apparatus, as may be necessary to preserve the 76
public peace and protect persons and property in the requesting 77
sheriff's county in the event of riot, insurrection, or invasion. 78
Such aid shall be furnished to the sheriff requesting it, insofar 79
as possible without withdrawing from the political subdivision 80
furnishing such aid the minimum police and fire protection 81
appearing necessary under the circumstances. In such case, law 82
LAW enforcement and fire protection personnel acting outside the 84
territory of their regular employment shall be considered as 85
performing services within the territory of their regular 86
employment for the purposes of compensation, pension or indemnity 87
fund rights, workers' compensation, and other rights or benefits 88
to which they may be entitled as incidents of their regular 89
employment. The county receiving such aid shall reimburse the 90
political subdivision furnishing it the cost of furnishing such 91
aid, including compensation of personnel, expenses incurred by 92
reason of the injury or death of any such personnel while 93
rendering such aid, expenses of furnishing equipment and 94
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apparatus, compensation for damage to or loss of equipment or 95
apparatus while in service outside the territory of its regular 96
use, and such other reasonable expenses as may be incurred by any 97
such political subdivision in furnishing such aid. Nothing in 98
this section shall be construed as superseding or modifying in 99
any way any provision of a contract entered into pursuant to 100
section 311.29 of the Revised Code. Law enforcement officers 101
acting pursuant to this section outside the territory of their 102
regular employment have the same authority to enforce the law as 103
when acting within the territory of their regular employment. 104
(C) The sheriff shall not execute process that is issued 106
in a state other than this state, unless the process contains 107
either of the following: 108
(1) A certification by the judge of the court that issued 110
the process stating that the issuing court has jurisdiction to 111
issue the process and that the documents being forwarded conform 112
to the laws of the state in which the court is located; 113
(2) If the process is an initial summons to appear and 115
defend issued after the filing of a complaint commencing an 116
action, a certification by the clerk of the court that issued the 117
process stating that the process was issued in conformance with 118
the laws of the state in which the court is located. 119
(D) As used in this section and section 311.08 of the 121
Revised Code, "proper and lawful authority" means any authority 122
authorized by law to issue any process and "process" means those 123
documents issued in this state in accordance with section 7.01 of 124
the Revised Code and those documents, other than executions of 125
judgments or decrees, issued in a state other than this state 126
that conform to the laws of the state of issuance governing the 127
issuance of process in that state. 128
Sec. 505.43. In order to obtain police protection, or to 137
obtain additional police protection in times of emergency, any 138
township may enter into a contract with one or more townships, 139
municipal corporations, park districts created pursuant to 140
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section 511.18 or 1545.01 of the Revised Code, or county sheriffs 141
or with a governmental entity of an adjoining state upon any 142
terms that are agreed to by them, for services of police 143
departments or use of police equipment, or the interchange of the 144
service of police departments or use of police equipment within 145
the several territories of the contracting subdivisions, if the 146
contract is first authorized by respective boards of township 147
trustees or other legislative bodies. The cost of the contract 148
may be paid for from the township general fund or from funds 149
received pursuant to the passage of a levy authorized pursuant to 150
division (J) of section 5705.19 and section 5705.25 of the 151
Revised Code. 152
Chapter 2744. of the Revised Code, insofar as it is 154
applicable to the operation of police departments, applies to the 155
contracting political subdivisions and police department members 156
when the members are rendering service outside their own 157
subdivision pursuant to the contract. 158
Police department members acting outside the subdivision in 160
which they are employed may participate in any pension or 161
indemnity fund established by their employer to the same extent 162
as while acting within the employing subdivision, and are 163
entitled to all the rights and benefits of Chapter 4123. of the 164
Revised Code, to the same extent as while performing service 165
within the subdivision. 166
The contract may provide for a fixed annual charge to be 168
paid at the times agreed upon and stipulated in the contract. 169
Section 2. That existing sections 311.07 and 505.43 of the 171
Revised Code are hereby repealed. 172