As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 342 5
1997-1998 6
REPRESENTATIVES HOUSEHOLDER-HAINES-SULZER-CLANCY-OGG-TERWILLEGER- 8
GARCIA-ROMAN-GRENDELL-PADGETT-BRADING-MYERS-PERZ-REID-VESPER- 9
HOTTINGER-OLMAN-TIBERI-METELSKY-HODGES-SAWYER-JOHNSON-TAYLOR- 10
VERICH-CATES-LEWIS-KREBS 11
12
A B I L L
To amend sections 311.07, 505.43, 737.04, and 14
737.041 of the Revised Code to expand the 15
authority of a county sheriff to obtain aid from 16
other specified political subdivisions, to expand 17
a township's authority to obtain additional 18
police protection by contract, and to permit 19
municipal corporations to allow their police 20
officers to work in multijurisdictional drug, 21
gang, or career criminal task forces. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 311.07, 505.43, 737.04, and 26
737.041 of the Revised Code be amended to read as follows: 27
Sec. 311.07. (A) Each sheriff shall preserve the public 36
peace and cause all persons guilty of any breach of the peace, 37
within his THE SHERIFF'S knowledge or view, to enter into 38
recognizance with sureties to keep the peace and to appear at the 40
succeeding term of the court of common pleas, and the sheriff 41
shall commit such persons to jail in case they refuse to do so. 42
He THE SHERIFF shall return a transcript of all his THE SHERIFF'S 44
proceedings with the recognizance so taken to such court. He THE 46
SHERIFF shall, except as provided in division (C) of this 48
section, execute all warrants, writs, and other process directed 49
to him THE SHERIFF by any proper and lawful authority of this 50
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state, and those issued by a proper and lawful authority of any 51
other state. He THE SHERIFF shall attend upon the court of 52
common pleas and the court of appeals during their sessions, and, 54
when required, shall attend upon the probate court. In the 55
execution of the OFFICIAL duties required of him OF THE SHERIFF, 57
the sheriff may call to his THE SHERIFF'S aid such persons or 59
power of the county as is necessary. Under the direction and 60
control of the board of county commissioners, such sheriff shall 61
have charge of the court house. A sheriff or deputy sheriff of a 62
county may participate, as the director of an organized crime 63
task force established under section 177.02 of the Revised Code 64
or as a member of the investigatory staff of such a task force, 65
in an investigation of organized criminal activity in any county 66
or counties in this state under sections 177.01 to 177.03 of the 67
Revised Code. 68
(B) The sheriff of a county may call upon the sheriff of 70
any adjoining OTHER county, the mayor or other chief executive of 72
any municipal corporation within his county or in adjoining 74
counties, and the chairman CHAIRPERSON of the board of township 75
trustees of any township within his county or in adjoining 77
counties THIS STATE, to furnish such law enforcement or fire 79
protection personnel, or both, together with appropriate 80
equipment and apparatus, as may be necessary to preserve the 81
public peace and protect persons and property in the requesting 82
sheriff's county in the event of riot, insurrection, or invasion. 83
Such aid shall be furnished to the sheriff requesting it, insofar 84
as possible without withdrawing from the political subdivision 85
furnishing such aid the minimum police and fire protection 86
appearing necessary under the circumstances. In such case, law 87
LAW enforcement and fire protection personnel acting outside the 89
territory of their regular employment shall be considered as 90
performing services within the territory of their regular 91
employment for the purposes of compensation, pension or indemnity 92
fund rights, workers' compensation, and other rights or benefits 93
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to which they may be entitled as incidents of their regular 94
employment. The county receiving such aid shall reimburse, AS 95
PROVIDED IN THIS SECTION, the political subdivision furnishing it 97
the cost of furnishing such aid, including compensation of 98
personnel, expenses incurred by reason of the injury or death of 99
any such personnel while rendering such aid, expenses of 100
furnishing equipment and apparatus, compensation for damage to or 101
loss of equipment or apparatus while in service outside the 102
territory of its regular use, and such other reasonable expenses 103
as may be incurred by any such political subdivision in 104
furnishing such aid. THE COST OF FURNISHING SUCH AID MAY BE PAID 106
FROM THE SHERIFF'S FURTHERANCE OF JUSTICE FUND CREATED PURSUANT 107
TO SECTION 325.071 OF THE REVISED CODE OR FROM THE LAW 108
ENFORCEMENT TRUST FUND CREATED PURSUANT TO SECTION 2933.43 OF THE 109
REVISED CODE, OR FROM THE COUNTY GENERAL FUND TO THE EXTENT 110
MONEYS HAVE BEEN APPROPRIATED FOR SUCH PURPOSES PURSUANT TO 112
SECTION 5705.38 OF THE REVISED CODE UNLESS THE BOARD OF COUNTY 113
COMMISSIONERS ADOPTS A RESOLUTION RESTRICTING OR PROHIBITING THE 114
USE OF GENERAL FUND MONEYS WITHOUT THE PRIOR APPROVAL OF THE 115
BOARD OF COUNTY COMMISSIONERS. Nothing in this section shall be 117
construed as superseding or modifying in any way any provision of 118
a contract entered into pursuant to section 311.29 of the Revised 119
Code. Law enforcement officers acting pursuant to this section 120
outside the territory of their regular employment have the same 121
authority to enforce the law as when acting within the territory 122
of their regular employment.
(C) The sheriff shall not execute process that is issued 124
in a state other than this state, unless the process contains 125
either of the following: 126
(1) A certification by the judge of the court that issued 128
the process stating that the issuing court has jurisdiction to 129
issue the process and that the documents being forwarded conform 130
to the laws of the state in which the court is located; 131
(2) If the process is an initial summons to appear and 133
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defend issued after the filing of a complaint commencing an 134
action, a certification by the clerk of the court that issued the 135
process stating that the process was issued in conformance with 136
the laws of the state in which the court is located. 137
(D) As used in this section and section 311.08 of the 139
Revised Code, "proper and lawful authority" means any authority 140
authorized by law to issue any process and "process" means those 141
documents issued in this state in accordance with section 7.01 of 142
the Revised Code and those documents, other than executions of 143
judgments or decrees, issued in a state other than this state 144
that conform to the laws of the state of issuance governing the 145
issuance of process in that state. 146
Sec. 505.43. In order to obtain police protection, or to 155
obtain additional police protection in times of emergency, any 156
township may enter into a contract with one or more townships, 157
municipal corporations, park districts created pursuant to 158
section 511.18 or 1545.01 of the Revised Code, or county sheriffs 159
or with a governmental entity of an adjoining state upon any 160
terms that are agreed to by them, for services of police 161
departments or use of police equipment, or the interchange of the 162
service of police departments or use of police equipment within 163
the several territories of the contracting subdivisions, if the 164
contract is first authorized by respective boards of township 165
trustees or other legislative bodies. The cost of the contract 166
may be paid for from the township general fund or from funds 167
received pursuant to the passage of a levy authorized pursuant to 168
division (J) of section 5705.19 and section 5705.25 of the 169
Revised Code. 170
Chapter 2744. of the Revised Code, insofar as it is 172
applicable to the operation of police departments, applies to the 173
contracting political subdivisions and police department members 174
when the members are rendering service outside their own 175
subdivision pursuant to the contract. 176
Police department members acting outside the subdivision in 178
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which they are employed may participate in any pension or 179
indemnity fund established by their employer to the same extent 180
as while acting within the employing subdivision, and are 181
entitled to all the rights and benefits of Chapter 4123. of the 182
Revised Code, to the same extent as while performing service 183
within the subdivision. 184
The contract may provide for a fixed annual charge to be 186
paid at the times agreed upon and stipulated in the contract. 187
Sec. 737.04. The legislative authority of any municipal 196
corporation, in order to obtain police protection or to obtain 197
additional police protection, OR TO ALLOW ITS POLICE OFFICERS TO 198
WORK IN MULTIJURISDICTIONAL DRUG, GANG, OR CAREER CRIMINAL TASK 199
FORCES, may enter into contracts with one or more municipal 201
corporations, townships, township police districts, or county 202
sheriffs in this state, with one or more park districts created 203
pursuant to section 511.18 or 1545.01 of the Revised Code, or 204
with a contiguous municipal corporation in an adjoining state, 205
upon any terms that are agreed upon, for services of police 206
departments or the use of police equipment or for the interchange 207
of services of police departments or police equipment within the 208
several territories of the contracting subdivisions. 209
Chapter 2744. of the Revised Code, insofar as it applies to 211
the operation of police departments, shall apply to the 212
contracting political subdivisions and to the police department 213
members when they are rendering service outside their own 214
subdivisions pursuant to the contracts. 215
Police department members acting outside the subdivision in 217
which they are employed, pursuant to a contract entered into 218
under this section, shall be entitled to participate in any 219
indemnity fund established by their employer to the same extent 220
as while acting within the employing subdivision. Those members 221
shall be entitled to all the rights and benefits of Chapter 4123. 222
of the Revised Code, to the same extent as while performing 223
service within the subdivision. 224
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The contracts may provide for: 226
(A) A fixed annual charge to be paid at the times agreed 228
upon and stipulated in the contract; 229
(B) Compensation based upon: 231
(1) A stipulated price for each call or emergency; 233
(2) The number of members or pieces of equipment employed; 235
(3) The elapsed time of service required in each call or 237
emergency. 238
(C) Compensation for loss or damage to equipment while 240
engaged in rendering police services outside the limits of the 241
subdivision owning and furnishing the equipment; 242
(D) Reimbursement of the subdivision in which the police 244
department members are employed for any indemnity award or 245
premium contribution assessed against the employing subdivision 246
for workers' compensation benefits for injuries or death of its 247
police department members occurring while engaged in rendering 248
police services pursuant to the contract. 249
Sec. 737.041. The police department of any municipal 258
corporation may provide police protection to any county, 259
municipal corporation, township, or township police district of 260
this state, to a park district created pursuant to section 511.18 261
or 1545.01 of the Revised Code, TO ANY MULTIJURISDICTIONAL DRUG, 262
GANG, OR CAREER CRIMINAL TASK FORCE, or to a governmental entity 263
of an adjoining state without a contract to provide police 264
protection, upon the approval, by resolution, of the legislative 265
authority of the municipal corporation in which the department is 266
located and upon authorization by an officer or employee of the 267
police department providing the police protection who is 268
designated by title of office or position, pursuant to the 269
resolution of the legislative authority of the municipal 270
corporation, to give the authorization. 271
Chapter 2744. of the Revised Code, insofar as it applies to 273
the operation of police departments, shall apply to any municipal 274
corporation and to members of its police department when the 275
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members are rendering police services pursuant to this section 276
outside the municipal corporation by which they are employed. 277
Police department members acting, as provided in this 279
section, outside the municipal corporation by which they are 280
employed shall be entitled to participate in any pension or 281
indemnity fund established by their employer to the same extent 282
as while acting within the municipal corporation by which they 283
are employed. Those members shall be entitled to all the rights 284
and benefits of Chapter 4123. of the Revised Code to the same 285
extent as while performing services within the municipal 286
corporation by which they are employed. 287
Section 2. That existing sections 311.07, 505.43, 737.04, 289
and 737.041 of the Revised Code are hereby repealed. 290