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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          5      

                                                                 
      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          

                                                          6      

                                                                 
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