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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      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