As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 342 6
1997-1998 7
REPRESENTATIVES HOUSEHOLDER-HAINES-SULZER-CLANCY-OGG-TERWILLEGER- 9
GARCIA-ROMAN-GRENDELL-PADGETT-BRADING-MYERS-PERZ-REID-VESPER- 10
HOTTINGER-OLMAN-TIBERI-METELSKY-HODGES-SAWYER-JOHNSON-TAYLOR- 11
VERICH-CATES-LEWIS-KREBS-SENATORS GARDNER-SCHAFRATH-SHOEMAKER 12
14
A B I L L
To amend sections 311.07, 505.43, 737.04, and 16
737.041 of the Revised Code to expand the 17
authority of a county sheriff to obtain aid from 18
other specified political subdivisions, to expand 19
a township's authority to obtain additional 20
police protection by contract, and to permit 21
municipal corporations to allow their police 22
officers to work in multijurisdictional drug, 23
gang, or career criminal task forces. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 311.07, 505.43, 737.04, and 28
737.041 of the Revised Code be amended to read as follows: 29
Sec. 311.07. (A) Each sheriff shall preserve the public 38
peace and cause all persons guilty of any breach of the peace, 39
within his THE SHERIFF'S knowledge or view, to enter into 40
recognizance with sureties to keep the peace and to appear at the 42
succeeding term of the court of common pleas, and the sheriff 43
shall commit such persons to jail in case they refuse to do so. 44
He THE SHERIFF shall return a transcript of all his THE SHERIFF'S 46
proceedings with the recognizance so taken to such court. He THE 48
SHERIFF shall, except as provided in division (C) of this 50
section, execute all warrants, writs, and other process directed 51
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to him THE SHERIFF by any proper and lawful authority of this 52
state, and those issued by a proper and lawful authority of any 53
other state. He THE SHERIFF shall attend upon the court of 54
common pleas and the court of appeals during their sessions, and, 56
when required, shall attend upon the probate court. In the 57
execution of the OFFICIAL duties required of him OF THE SHERIFF, 59
the sheriff may call to his THE SHERIFF'S aid such persons or 61
power of the county as is necessary. Under the direction and 62
control of the board of county commissioners, such sheriff shall 63
have charge of the court house. A sheriff or deputy sheriff of a 64
county may participate, as the director of an organized crime 65
task force established under section 177.02 of the Revised Code 66
or as a member of the investigatory staff of such a task force, 67
in an investigation of organized criminal activity in any county 68
or counties in this state under sections 177.01 to 177.03 of the 69
Revised Code. 70
(B) The sheriff of a county may call upon the sheriff of 72
any adjoining OTHER county, the mayor or other chief executive of 74
any municipal corporation within his county or in adjoining 76
counties, and the chairman CHAIRPERSON of the board of township 77
trustees of any township within his county or in adjoining 79
counties THIS STATE, to furnish such law enforcement or fire 81
protection personnel, or both, together with appropriate 82
equipment and apparatus, as may be necessary to preserve the 83
public peace and protect persons and property in the requesting 84
sheriff's county in the event of riot, insurrection, or invasion. 85
Such aid shall be furnished to the sheriff requesting it, insofar 86
as possible without withdrawing from the political subdivision 87
furnishing such aid the minimum police and fire protection 88
appearing necessary under the circumstances. In such case, law 89
LAW enforcement and fire protection personnel acting outside the 91
territory of their regular employment shall be considered as 92
performing services within the territory of their regular 93
employment for the purposes of compensation, pension or indemnity 94
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fund rights, workers' compensation, and other rights or benefits 95
to which they may be entitled as incidents of their regular 96
employment. The county receiving such aid shall reimburse, AS 97
PROVIDED IN THIS SECTION, the political subdivision furnishing it 99
the cost of furnishing such aid, including compensation of 100
personnel, expenses incurred by reason of the injury or death of 101
any such personnel while rendering such aid, expenses of 102
furnishing equipment and apparatus, compensation for damage to or 103
loss of equipment or apparatus while in service outside the 104
territory of its regular use, and such other reasonable expenses 105
as may be incurred by any such political subdivision in 106
furnishing such aid. THE COST OF FURNISHING SUCH AID MAY BE PAID 108
FROM THE SHERIFF'S FURTHERANCE OF JUSTICE FUND CREATED PURSUANT 109
TO SECTION 325.071 OF THE REVISED CODE OR FROM THE LAW 110
ENFORCEMENT TRUST FUND CREATED PURSUANT TO SECTION 2933.43 OF THE 111
REVISED CODE, OR FROM THE COUNTY GENERAL FUND TO THE EXTENT 112
MONEYS HAVE BEEN APPROPRIATED FOR SUCH PURPOSES PURSUANT TO 114
SECTION 5705.38 OF THE REVISED CODE UNLESS THE BOARD OF COUNTY 115
COMMISSIONERS ADOPTS A RESOLUTION RESTRICTING OR PROHIBITING THE 116
USE OF GENERAL FUND MONEYS WITHOUT THE PRIOR APPROVAL OF THE 117
BOARD OF COUNTY COMMISSIONERS. Nothing in this section shall be 119
construed as superseding or modifying in any way any provision of 120
a contract entered into pursuant to section 311.29 of the Revised 121
Code. Law enforcement officers acting pursuant to this section 122
outside the territory of their regular employment have the same 123
authority to enforce the law as when acting within the territory 124
of their regular employment.
(C) The sheriff shall not execute process that is issued 126
in a state other than this state, unless the process contains 127
either of the following: 128
(1) A certification by the judge of the court that issued 130
the process stating that the issuing court has jurisdiction to 131
issue the process and that the documents being forwarded conform 132
to the laws of the state in which the court is located; 133
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(2) If the process is an initial summons to appear and 135
defend issued after the filing of a complaint commencing an 136
action, a certification by the clerk of the court that issued the 137
process stating that the process was issued in conformance with 138
the laws of the state in which the court is located. 139
(D) As used in this section and section 311.08 of the 141
Revised Code, "proper and lawful authority" means any authority 142
authorized by law to issue any process and "process" means those 143
documents issued in this state in accordance with section 7.01 of 144
the Revised Code and those documents, other than executions of 145
judgments or decrees, issued in a state other than this state 146
that conform to the laws of the state of issuance governing the 147
issuance of process in that state. 148
Sec. 505.43. In order to obtain police protection, or to 157
obtain additional police protection in times of emergency, any 158
township may enter into a contract with one or more townships, 159
municipal corporations, park districts created pursuant to 160
section 511.18 or 1545.01 of the Revised Code, or county sheriffs 161
or with a governmental entity of an adjoining state upon any 162
terms that are agreed to by them, for services of police 163
departments or use of police equipment, or the interchange of the 164
service of police departments or use of police equipment within 165
the several territories of the contracting subdivisions, if the 166
contract is first authorized by respective boards of township 167
trustees or other legislative bodies. The cost of the contract 168
may be paid for from the township general fund or from funds 169
received pursuant to the passage of a levy authorized pursuant to 170
division (J) of section 5705.19 and section 5705.25 of the 171
Revised Code. 172
Chapter 2744. of the Revised Code, insofar as it is 174
applicable to the operation of police departments, applies to the 175
contracting political subdivisions and police department members 176
when the members are rendering service outside their own 177
subdivision pursuant to the contract. 178
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Police department members acting outside the subdivision in 180
which they are employed may participate in any pension or 181
indemnity fund established by their employer to the same extent 182
as while acting within the employing subdivision, and are 183
entitled to all the rights and benefits of Chapter 4123. of the 184
Revised Code, to the same extent as while performing service 185
within the subdivision. 186
The contract may provide for a fixed annual charge to be 188
paid at the times agreed upon and stipulated in the contract. 189
Sec. 737.04. The legislative authority of any municipal 198
corporation, in order to obtain police protection or to obtain 199
additional police protection, OR TO ALLOW ITS POLICE OFFICERS TO 200
WORK IN MULTIJURISDICTIONAL DRUG, GANG, OR CAREER CRIMINAL TASK 201
FORCES, may enter into contracts with one or more municipal 203
corporations, townships, township police districts, or county 204
sheriffs in this state, with one or more park districts created 205
pursuant to section 511.18 or 1545.01 of the Revised Code, or 206
with a contiguous municipal corporation in an adjoining state, 207
upon any terms that are agreed upon, for services of police 208
departments or the use of police equipment or for the interchange 209
of services of police departments or police equipment within the 210
several territories of the contracting subdivisions. 211
Chapter 2744. of the Revised Code, insofar as it applies to 213
the operation of police departments, shall apply to the 214
contracting political subdivisions and to the police department 215
members when they are rendering service outside their own 216
subdivisions pursuant to the contracts. 217
Police department members acting outside the subdivision in 219
which they are employed, pursuant to a contract entered into 220
under this section, shall be entitled to participate in any 221
indemnity fund established by their employer to the same extent 222
as while acting within the employing subdivision. Those members 223
shall be entitled to all the rights and benefits of Chapter 4123. 224
of the Revised Code, to the same extent as while performing 225
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service within the subdivision. 226
The contracts may provide for: 228
(A) A fixed annual charge to be paid at the times agreed 230
upon and stipulated in the contract; 231
(B) Compensation based upon: 233
(1) A stipulated price for each call or emergency; 235
(2) The number of members or pieces of equipment employed; 237
(3) The elapsed time of service required in each call or 239
emergency. 240
(C) Compensation for loss or damage to equipment while 242
engaged in rendering police services outside the limits of the 243
subdivision owning and furnishing the equipment; 244
(D) Reimbursement of the subdivision in which the police 246
department members are employed for any indemnity award or 247
premium contribution assessed against the employing subdivision 248
for workers' compensation benefits for injuries or death of its 249
police department members occurring while engaged in rendering 250
police services pursuant to the contract. 251
Sec. 737.041. The police department of any municipal 260
corporation may provide police protection to any county, 261
municipal corporation, township, or township police district of 262
this state, to a park district created pursuant to section 511.18 263
or 1545.01 of the Revised Code, TO ANY MULTIJURISDICTIONAL DRUG, 264
GANG, OR CAREER CRIMINAL TASK FORCE, or to a governmental entity 265
of an adjoining state without a contract to provide police 266
protection, upon the approval, by resolution, of the legislative 267
authority of the municipal corporation in which the department is 268
located and upon authorization by an officer or employee of the 269
police department providing the police protection who is 270
designated by title of office or position, pursuant to the 271
resolution of the legislative authority of the municipal 272
corporation, to give the authorization. 273
Chapter 2744. of the Revised Code, insofar as it applies to 275
the operation of police departments, shall apply to any municipal 276
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corporation and to members of its police department when the 277
members are rendering police services pursuant to this section 278
outside the municipal corporation by which they are employed. 279
Police department members acting, as provided in this 281
section, outside the municipal corporation by which they are 282
employed shall be entitled to participate in any pension or 283
indemnity fund established by their employer to the same extent 284
as while acting within the municipal corporation by which they 285
are employed. Those members shall be entitled to all the rights 286
and benefits of Chapter 4123. of the Revised Code to the same 287
extent as while performing services within the municipal 288
corporation by which they are employed. 289
Section 2. That existing sections 311.07, 505.43, 737.04, 291
and 737.041 of the Revised Code are hereby repealed. 292