As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                        Am. 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-SENATORS GARDNER-SCHAFRATH-SHOEMAKER-    11           

  DIX-DRAKE-WHITE-NEIN-GAETH-B. JOHNSON-CUPP-HERINGTON-LATELL-     12           

                         LATTA-BLESSING                            13           


                                                                   15           

                           A   B I L L                                          

             To amend sections 109.57, 109.58, 109.60, 311.07,     17           

                505.43, 737.04, and 737.041 of the Revised Code    18           

                to expand the authority of a county sheriff to     20           

                obtain aid from other specified political                       

                subdivisions, to expand a township's authority to  22           

                obtain additional police protection by contract,   23           

                to permit municipal corporations to allow their                 

                police officers to work in multijurisdictional     24           

                drug, gang, or career criminal task forces, to     26           

                expand the list of offenses for which the Bureau   27           

                of Criminal Identification and Investigation       28           

                keeps records, to revise the procedures by which                

                a person or child must be fingerprinted, and to    29           

                require every relevant clerk of a court of record  30           

                to submit to the Bureau specified information                   

                regarding cases involving offenses for which the   31           

                Bureau must keep records.                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 109.57, 109.58, 109.60, 311.07,    35           

505.43, 737.04, and 737.041 of the Revised Code be amended to      37           

read as follows:                                                                

                                                          2      

                                                                 
      Sec. 109.57.  (A)(1)  As used in this section:               47           

      (a)  "Designated delinquent act or juvenile offense" means   49           

any of the following:                                              50           

      (i)  Any "category one offense" or "category two offense";   53           

      (ii)  Any violation of section 2907.03, 2907.04, or 2907.05  55           

of the Revised Code;                                               56           

      (iii)  Any violation of section 2907.12 of the Revised Code  59           

as it existed prior to September 3, 1996;                                       

      (iv)  Any attempt to commit a violation of section 2907.02,  61           

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    62           

violation of section 2907.12 of the Revised Code as it existed     63           

prior to September 3, 1996;                                                     

      (v)  A violation of any law that arose out of the same       65           

facts and circumstances as did a charge against the child of a     66           

violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the  68           

Revised Code that previously was dismissed or as did a charge      69           

against the child of a violation of section 2907.12 of the         70           

Revised Code as it existed prior to September 3, 1996, that        71           

previously was dismissed;                                                       

      (iv)(vi)  Any violation of section 2905.02 or 2919.23 of     73           

the Revised Code that would have been a violation of section       74           

2905.04 of the Revised Code as it existed prior to July 1, 1996,   75           

had the violation been committed prior to that date.               76           

      (b)  "Category one offense" and "category two offense" have  78           

the same meanings as in section 2151.26 of the Revised Code.       79           

      (2)  The superintendent of the bureau of criminal            82           

identification and investigation shall procure from wherever                    

procurable and file for record photographs, pictures,              84           

descriptions, fingerprints, measurements, and other information    85           

that may be pertinent of all persons who have been convicted of    86           

committing within this state a felony or, any crime constituting   88           

a misdemeanor on the first offense and a felony on subsequent                   

offenses, OR ANY MISDEMEANOR DESCRIBED IN DIVISION (A)(1)(a) OF    90           

SECTION 109.572 OF THE REVISED CODE, of all children fourteen      91           

                                                          3      

                                                                 
years of age or older and under eighteen years of age who have     92           

been adjudicated delinquent children for committing within this    93           

state a designated delinquent act or juvenile offense or who have  94           

been convicted of or pleaded guilty to committing within this      95           

state a designated delinquent act or juvenile offense, and of all  96           

well-known and habitual criminals.  The person in charge of any    97           

COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR               98           

MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED           99           

CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL      100          

FACILITY, OR state correctional institution and the person in      101          

charge of any state institution having custody of a person         102          

suspected of having committed a felony or, any crime constituting  104          

a misdemeanor on the first offense and a felony on subsequent      105          

offenses, OR ANY MISDEMEANOR DESCRIBED IN DIVISION (A)(1)(a) OF    108          

SECTION 109.572 OF THE REVISED CODE or having custody of a child                

fourteen years of age or older and under eighteen years of age     110          

with respect to whom there is probable cause to believe that the   111          

child may have committed a designated delinquent act or juvenile   112          

offense shall furnish such material to the superintendent of the   114          

bureau upon request.  Fingerprints, photographs, or other                       

descriptive information of a child who is under eighteen years of  115          

age, has not been arrested or otherwise taken into custody for     116          

committing an act that is a category one offense or a category     117          

two DESIGNATED DELINQUENT ACT OR JUVENILE offense, has not been    119          

adjudicated a delinquent child for committing a designated                      

delinquent act or juvenile offense, has not been convicted of or   121          

pleaded guilty to committing a designated delinquent act or                     

juvenile offense, and is not a child with respect to whom there    122          

is probable cause to believe that the child may have committed a   123          

designated delinquent act or juvenile offense shall not be         125          

procured by the superintendent or furnished by any person in       126          

charge of any COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY,    127          

OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED        128          

CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL      129          

                                                          4      

                                                                 
FACILITY, OR state correctional institution, except as authorized  131          

in section 2151.313 of the Revised Code.  Every                                 

      (3)  EVERY CLERK OF A court of record in this state, OTHER   134          

THAN THE SUPREME COURT OR A COURT OF APPEALS, shall send to the    135          

superintendent of the bureau a weekly report containing a summary  137          

of each case involving a felony, involving any crime constituting  138          

a misdemeanor on the first offense and a felony on subsequent      140          

offenses, INVOLVING A MISDEMEANOR DESCRIBED IN DIVISION (A)(1)(a)  141          

OF SECTION 109.572 OF THE REVISED CODE, or involving an            142          

adjudication that a child under eighteen years of age is a         143          

delinquent child for committing a designated delinquent act or     144          

juvenile offense. THE CLERK OF THE COURT OF COMMON PLEAS SHALL     145          

INCLUDE IN THE REPORT AND SUMMARY THE CLERK SENDS UNDER THIS       146          

DIVISION ALL INFORMATION DESCRIBED IN DIVISIONS (A)(3)(a) TO (f)   147          

OF THIS SECTION REGARDING A CASE BEFORE THE COURT OF APPEALS THAT  148          

IS SERVED BY THAT CLERK.  The summary SHALL BE WRITTEN ON THE      149          

STANDARD FORMS FURNISHED BY THE SUPERINTENDENT PURSUANT TO         151          

DIVISION (B) OF THIS SECTION AND shall include the FOLLOWING       152          

INFORMATION:                                                                    

      (a)  THE INCIDENT TRACKING NUMBER CONTAINED ON THE STANDARD  154          

FORMS FURNISHED BY THE SUPERINTENDENT PURSUANT TO DIVISION (B) OF  155          

THIS SECTION;                                                      156          

      (b)  THE style and number of the case, the dates;            159          

      (c)  THE DATE of arrest, commencement of trial, and          162          

conviction or adjudication of delinquency, a statement of the      164          

offense and the conduct that constituted it, and;                  165          

      (d)  THE DATE THAT THE PERSON WAS CONVICTED OF OR PLEADED    167          

GUILTY TO THE OFFENSE, ADJUDICATED A DELINQUENT CHILD FOR          168          

COMMITTING THE ACT THAT IS A DESIGNATED DELINQUENT ACT OR          169          

JUVENILE OFFENSE, FOUND NOT GUILTY OF THE OFFENSE, OR FOUND NOT    170          

TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A                        

DESIGNATED DELINQUENT ACT OR JUVENILE OFFENSE, THE DATE OF AN      171          

ENTRY DISMISSING THE CHARGE, AN ENTRY DECLARING A MISTRIAL OF THE  172          

OFFENSE IN WHICH THE PERSON IS DISCHARGED, AN ENTRY FINDING THAT   173          

                                                          5      

                                                                 
THE PERSON OR CHILD IS NOT COMPETENT TO STAND TRIAL, OR AN ENTRY   174          

OF A NOLLE PROSEQUI, OR THE DATE OF ANY OTHER DETERMINATION THAT   175          

CONSTITUTES FINAL RESOLUTION OF THE CASE;                                       

      (e)  A STATEMENT OF THE ORIGINAL CHARGE WITH THE SECTION OF  177          

THE REVISED CODE THAT WAS ALLEGED TO BE VIOLATED;                  178          

      (f)  IF THE PERSON OR CHILD WAS CONVICTED, PLEADED GUILTY,   180          

OR WAS ADJUDICATED A DELINQUENT CHILD, the sentence or terms of    183          

probation imposed, or ANY other disposition of the offender or     184          

the delinquent child.  If                                          185          

      IF the offense involved the disarming of a law enforcement   187          

officer or an attempt to disarm a law enforcement officer, the     188          

court CLERK shall clearly state that fact in the summary, and the  189          

superintendent shall ensure that a clear statement of that fact    190          

is placed in the bureau's records.                                              

      (4)  The superintendent shall cooperate with and assist      192          

sheriffs, chiefs of police, and other law enforcement officers in  194          

the establishment of a complete system of criminal identification  195          

and in obtaining fingerprints and other means of identification    196          

of all persons arrested on a charge of a felony or, any crime      197          

constituting a misdemeanor on the first offense and a felony on    198          

subsequent offenses, OR A MISDEMEANOR DESCRIBED IN DIVISION        200          

(A)(1)(a) OF SECTION 109.572 OF THE REVISED CODE and of all                     

children fourteen years of age or older and under eighteen years   202          

of age arrested or otherwise taken into custody for committing a   203          

designated delinquent act or juvenile offense.  The                             

superintendent also shall file for record the fingerprint          205          

impressions of all persons confined in a COUNTY, MULTICOUNTY,                   

MUNICIPAL, MUNICIPAL-COUNTY, OR MULTICOUNTY-MUNICIPAL JAIL OR      206          

workhouse, jail COMMUNITY-BASED CORRECTIONAL FACILITY, HALFWAY     207          

HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, or state correctional     208          

institution for the violation of state laws and of all children    210          

fourteen years of age or older and under eighteen years of age     211          

who are confined in a COUNTY, MULTICOUNTY, MUNICIPAL,              212          

MUNICIPAL-COUNTY, OR MULTICOUNTY-MUNICIPAL JAIL OR workhouse,      213          

                                                          6      

                                                                 
jail COMMUNITY-BASED CORRECTIONAL FACILITY, HALFWAY HOUSE,         214          

ALTERNATIVE RESIDENTIAL FACILITY, or state correctional            215          

institution or in any facility for delinquent children for         217          

committing a designated delinquent act or juvenile offense, and    218          

any other information that the superintendent may receive from     219          

law enforcement officials of the state and its political           220          

subdivisions.                                                                   

      (5)  The superintendent shall carry out Chapter 2950. of     222          

the Revised Code with respect to the registration of persons who   224          

are convicted of or plead guilty to a sexually oriented offense    225          

and with respect to all other duties imposed on the bureau under   226          

that chapter.                                                                   

      (B)  The superintendent shall prepare and furnish to every   228          

COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR               229          

MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED           230          

CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL      231          

FACILITY, OR state correctional institution and to every CLERK OF  232          

A court of record in this state SPECIFIED IN DIVISION (A)(3) OF    233          

THIS SECTION standard forms for reporting the information          234          

required under division DIVISIONS (A)(2) TO (5) of this section.   236          

THE STANDARD FORMS THAT THE SUPERINTENDENT PREPARES PURSUANT TO                 

THIS DIVISION MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC        237          

FORMAT, OR IN BOTH TANGIBLE FORMATS AND ELECTRONIC FORMATS.        238          

      (C)  The superintendent may operate a center for             240          

electronic, automated, or other data processing for the storage    241          

and retrieval of information, data, and statistics pertaining to   242          

criminals and to children under eighteen years of age who are      243          

adjudicated delinquent children for committing a designated        244          

delinquent act or juvenile offense, criminal activity, crime       245          

prevention, law enforcement, and criminal justice, and may         247          

establish and operate a statewide communications network to        248          

gather and disseminate information, data, and statistics for the   249          

use of law enforcement agencies.  The superintendent may gather,   250          

store, retrieve, and disseminate information, data, and            251          

                                                          7      

                                                                 
statistics that pertain to children who are under eighteen years   252          

of age and that are gathered pursuant to sections 109.57 to        253          

109.61 of the Revised Code together with information, data, and                 

statistics that pertain to adults and that are gathered pursuant   254          

to those sections.                                                 255          

      (D)  The information and materials furnished to the          257          

superintendent pursuant to division DIVISIONS (A)(2) TO (5) of     259          

this section and information and materials furnished to any board  260          

or person under division (F) or (G) of this section are not        261          

public records under section 149.43 of the Revised Code.           262          

      (E)  The attorney general shall adopt rules, in accordance   264          

with Chapter 119. of the Revised Code, setting forth the           265          

procedure by which a person may receive or release information     266          

gathered by the superintendent pursuant to division DIVISIONS      267          

(A)(2) TO (5) of this section.  A reasonable fee may be charged    269          

for this service.  If a temporary employment service submits a     270          

request for a determination of whether a person the service plans  271          

to refer to an employment position has been convicted of or        272          

pleaded guilty to an offense listed in division (A)(1), (3), (4),  273          

or (5) of section 109.572 of the Revised Code, the request shall   274          

be treated as a single request and only one fee shall be charged.  275          

      (F)(1)  As used in division (F)(2) of this section, "head    277          

start agency" means an entity in this state that has been          278          

approved to be an agency for purposes of subchapter II of the      279          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      280          

U.S.C.A. 9831, as amended.                                         281          

      (2)(a)  In addition to or in conjunction with any request    283          

that is required to be made under section 109.572, 2151.86,        284          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          285          

5126.28, 5126.281, or 5153.111 of the Revised Code, the board of   286          

education of any school district; any county board of mental       287          

retardation and developmental disabilities; any entity under       288          

contract with a county board of mental retardation and             289          

developmental disabilities; the chief administrator of any         290          

                                                          8      

                                                                 
chartered nonpublic school; the chief administrator of any home    291          

health agency; the chief administrator of or person operating any  292          

child day-care center, type A family day-care home, or type B      293          

family day-care home licensed or certified under Chapter 5104. of  294          

the Revised Code; the administrator of any type C family day-care  295          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  296          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    297          

general assembly; the chief administrator of any head start        298          

agency; or the executive director of a public children services    299          

agency may request that the superintendent of the bureau           300          

investigate and determine, with respect to any individual who has  301          

applied for employment in any position after October 2, 1989, or   302          

any individual wishing to apply for employment with a board of     303          

education may request, with regard to the individual's own self    305          

INDIVIDUAL, whether the bureau has any information gathered under  306          

division DIVISIONS (A)(2) TO (5) of this section that pertains to  308          

that individual.  On receipt of the request, the superintendent    309          

shall determine whether that information exists and, upon request  310          

of the person, board, or entity requesting information, also       311          

shall request from the federal bureau of investigation any         312          

criminal records it has pertaining to that individual.  Within     313          

thirty days of the date that the superintendent receives a         314          

request, the superintendent shall send to the board, entity, or    315          

person a report of any information that the superintendent         316          

determines exists, including information contained in records      318          

that have been sealed under section 2953.32 of the Revised Code,   319          

and, within thirty days of its receipt, shall send the board,      320          

entity, or person a report of any information received from the    321          

federal bureau of investigation, other than information the        322          

dissemination of which is prohibited by federal law.               323          

      (b)  When a board of education is required to receive        325          

information under this section as a prerequisite to employment of  326          

an individual pursuant to section 3319.39 of the Revised Code, it  327          

may accept a certified copy of records that were issued by the     329          

                                                          9      

                                                                 
bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        330          

district in lieu of requesting that information itself.  In such   331          

a case, the board shall accept the certified copy issued by the    332          

bureau in order to make a photocopy of it for that individual's    333          

employment application documents and shall return the certified    334          

copy to the individual.  In a case of that nature, a district      335          

only shall accept a certified copy of records of that nature       336          

within one year after the date of their issuance by the bureau.    338          

      (3)  The state board of education may request, with respect  340          

to any individual who has applied for employment after October 2,  341          

1989, in any position with the state board or the department of    342          

education, any information that a school district board of         343          

education is authorized to request under division (F)(2) of this   345          

section, and the superintendent of the bureau shall proceed as if  346          

the request has been received from a school district board of      347          

education under division (F)(2) of this section.                   348          

      (4)  When the superintendent of the bureau receives a        350          

request for information that is authorized under section 3319.291  351          

of the Revised Code, the superintendent shall proceed as if the    352          

request has been received from a school district board of          353          

education under division (F)(2) of this section.                   354          

      (G)  In addition to or in conjunction with any request that  357          

is required to be made under section 173.41, 3701.881, 3712.09,    358          

3721.121, or 3722.151 of the Revised Code with respect to an       360          

individual who has applied for employment in a position that       361          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  362          

the PASSPORT program created under section 173.40 of the Revised   363          

Code, home health agency, hospice care program, home licensed      365          

under Chapter 3721. of the Revised Code, adult day-care program    366          

operated pursuant to rules adopted under section 3721.04 of the    367          

Revised Code, or adult care facility may request that the          369          

superintendent of the bureau investigate and determine, with       370          

                                                          10     

                                                                 
respect to any individual who has applied after January 27, 1997,  372          

for employment in a position that does not involve providing       373          

direct care to an older adult, whether the bureau has any          374          

information gathered under division (A) of this section that       375          

pertains to that individual.  On receipt of the request, the       376          

superintendent shall determine whether that information exists     377          

and, on request of the administrator requesting information,       378          

shall also request from the federal bureau of investigation any    379          

criminal records it has pertaining to that individual.  Within     380          

thirty days of the date a request is received, the superintendent  381          

shall send to the administrator a report of any information        383          

determined to exist, including information contained in records    384          

that have been sealed under section 2953.32 of the Revised Code,   385          

and, within thirty days of its receipt, shall send the             386          

administrator a report of any information received from the        387          

federal bureau of investigation, other than information the        388          

dissemination of which is prohibited by federal law.               389          

      (H)  Information obtained by a board, administrator, or      392          

other person under this section is confidential and shall not be   393          

released or disseminated.                                                       

      (I)  The superintendent may charge a reasonable fee for      395          

providing information or criminal records under division (F)(2)    396          

or (G) of this section.                                            397          

      Sec. 109.58.  The superintendent of the bureau of criminal   406          

identification and investigation shall prepare standard            407          

impression sheets on which fingerprints may be made in accordance  408          

with the fingerprint system of identification.  The impression     409          

sheets may provide for other descriptive matter that the           410          

superintendent may prescribe.  The SUPERINTENDENT SHALL FURNISH    411          

THE impression sheets shall be furnished to each sheriff, chief    412          

of police, and person in charge of every workhouse COUNTY,         413          

MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR                       414          

MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED           415          

CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL      416          

                                                          11     

                                                                 
FACILITY, or state correctional institution within the state.      417          

Upon the request of the board of education of a school district    418          

or of the principal or chief administrative officer of a           419          

nonpublic school, the superintendent shall provide standard        420          

impression sheets to the district or school for use in their       421          

fingerprinting programs under section 3313.96 of the Revised       422          

Code.                                                                           

      Sec. 109.60.  (A)  As used in this section, "designated      431          

delinquent act or juvenile offense" has the same meaning as in     432          

section 109.57 of the Revised Code.                                433          

      (B)(1)  The sheriffs of the several counties and the chiefs  436          

of police of cities, immediately upon the arrest of any person     437          

for any felony, on suspicion of any felony, or for a crime         438          

constituting a misdemeanor on the first offense and a felony on    439          

subsequent offenses, OR FOR ANY MISDEMEANOR DESCRIBED IN DIVISION  440          

(A)(1)(a) OF SECTION 109.572 OF THE REVISED CODE, and immediately  441          

upon the arrest or taking into custody of any child fourteen       443          

years of age or older and under eighteen years of age for          444          

committing a designated delinquent act or juvenile offense or      445          

upon probable cause to believe that a child of that age may have   447          

committed a designated delinquent act or juvenile offense, shall   448          

take the person's or child's fingerprints, or cause the same to    450          

be taken, according to the fingerprint system of identification    451          

on the forms furnished by the superintendent of the bureau of      452          

criminal identification and investigation, and IMMEDIATELY SHALL   453          

forward them COPIES OF THE COMPLETED FORMS, together with any      455          

other description that may be required, and with the history of    457          

the offense committed, to the bureau to be classified and filed    459          

AND TO THE CLERK OF THE COURT HAVING JURISDICTION OVER THE         460          

PROSECUTION OF THE OFFENSE OR OVER THE ADJUDICATION RELATIVE TO    461          

THE ACT.  If                                                                    

      (2)  IF A SHERIFF OR CHIEF OF POLICE HAS NOT TAKEN, OR       464          

CAUSED TO BE TAKEN, A PERSON'S OR CHILD'S FINGERPRINTS IN          465          

ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION BY THE TIME OF     466          

                                                          12     

                                                                 
THE ARRAIGNMENT OR FIRST APPEARANCE OF THE PERSON OR CHILD, THE    467          

COURT SHALL ORDER THE PERSON OR CHILD TO APPEAR BEFORE THE         468          

SHERIFF OR CHIEF OF POLICE WITHIN TWENTY-FOUR HOURS TO HAVE THE    469          

PERSON'S OR CHILD'S FINGERPRINTS TAKEN.  THE SHERIFF OR CHIEF OF   471          

POLICE SHALL TAKE THE PERSON'S OR CHILD'S FINGERPRINTS, OR CAUSE   472          

THE FINGERPRINTS TO BE TAKEN, ACCORDING TO THE FINGERPRINT SYSTEM  473          

OF IDENTIFICATION ON THE FORMS FURNISHED BY THE SUPERINTENDENT OF  474          

THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AND,       475          

IMMEDIATELY AFTER THE PERSON'S OR CHILD'S ARRAIGNMENT OR FIRST     476          

APPEARANCE, FORWARD COPIES OF THE COMPLETED FORMS, ANY OTHER       478          

DESCRIPTION THAT MAY BE REQUIRED, AND THE HISTORY OF THE OFFENSE   479          

COMMITTED TO THE BUREAU TO BE CLASSIFIED AND FILED AND TO THE      480          

CLERK OF THE COURT.                                                             

      (3)  EVERY COURT WITH JURISDICTION OVER A CASE INVOLVING A   482          

PERSON OR CHILD WITH RESPECT TO WHOM DIVISION (B)(1) OF THIS       483          

SECTION REQUIRES A SHERIFF OR CHIEF OF POLICE TO TAKE THE          484          

PERSON'S OR CHILD'S FINGERPRINTS SHALL INQUIRE AT THE TIME OF THE  485          

PERSON'S OR CHILD'S SENTENCING OR ADJUDICATION WHETHER OR NOT THE  486          

PERSON OR CHILD HAS BEEN FINGERPRINTED PURSUANT TO DIVISION        488          

(B)(1) OR (2) OF THIS SECTION FOR THE ORIGINAL ARREST UPON WHICH   489          

THE SENTENCE OR ADJUDICATION IS BASED.  IF THE PERSON OR CHILD     490          

WAS NOT FINGERPRINTED FOR THE ORIGINAL ARREST UPON WHICH THE       491          

SENTENCE OR ADJUDICATION IS BASED, THE COURT SHALL ORDER THE       492          

PERSON OR CHILD TO APPEAR BEFORE THE SHERIFF OR CHIEF OF POLICE    493          

WITHIN TWENTY-FOUR HOURS TO HAVE THE PERSON'S OR CHILD'S           494          

FINGERPRINTS TAKEN.  THE SHERIFF OR CHIEF OF POLICE SHALL TAKE     495          

THE PERSON'S OR CHILD'S FINGERPRINTS, OR CAUSE THE FINGERPRINTS                 

TO BE TAKEN, ACCORDING TO THE FINGERPRINT SYSTEM OF                496          

IDENTIFICATION ON THE FORMS FURNISHED BY THE SUPERINTENDENT OF     497          

THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AND        498          

IMMEDIATELY FORWARD COPIES OF THE COMPLETED FORMS, ANY OTHER       499          

DESCRIPTION THAT MAY BE REQUIRED, AND THE HISTORY OF THE OFFENSE   500          

COMMITTED TO THE BUREAU TO BE CLASSIFIED AND FILED AND TO THE      501          

CLERK OF THE COURT.                                                             

                                                          13     

                                                                 
      (4)  IF A PERSON OR CHILD IS IN THE CUSTODY OF A LAW         503          

ENFORCEMENT AGENCY OR A DETENTION FACILITY, AS DEFINED IN SECTION  505          

2921.01 OF THE REVISED CODE, AND THE CHIEF LAW ENFORCEMENT         507          

OFFICER OR CHIEF ADMINISTRATIVE OFFICER OF THE DETENTION FACILITY  508          

DISCOVERS THAT A WARRANT HAS BEEN ISSUED OR A BILL OF INFORMATION  509          

HAS BEEN FILED ALLEGING THE PERSON OR CHILD TO HAVE COMMITTED AN   510          

OFFENSE OR ACT OTHER THAN THE OFFENSE OR ACT FOR WHICH THE PERSON               

OR CHILD IS IN CUSTODY, AND THE OTHER ALLEGED OFFENSE OR ACT IS    511          

ONE FOR WHICH FINGERPRINTS ARE TO BE TAKEN PURSUANT TO DIVISION    513          

(B)(1) OF THIS SECTION, THE LAW ENFORCEMENT AGENCY OR DETENTION    514          

FACILITY SHALL TAKE THE FINGERPRINTS OF THE PERSON OR CHILD, OR    515          

CAUSE THE FINGERPRINTS TO BE TAKEN, ACCORDING TO THE FINGERPRINT   517          

SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY THE             518          

SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND                     

INVESTIGATION AND IMMEDIATELY FORWARD COPIES OF THE COMPLETED      520          

FORMS, ANY OTHER DESCRIPTION THAT MAY BE REQUIRED, AND THE         521          

HISTORY OF THE OFFENSE COMMITTED TO THE BUREAU TO BE CLASSIFIED    522          

AND FILED AND TO THE CLERK OF THE COURT THAT ISSUED THE WARRANT    523          

OR WITH WHICH THE BILL OF INFORMATION WAS FILED.                   524          

      (5)  IF an accused is found not guilty of the offense        528          

charged or a nolle prosequi is entered in any case, or if any      529          

accused child fourteen years of age or older and under eighteen    530          

years of age is found not to be a delinquent child for committing  531          

a designated delinquent act or juvenile offense or not guilty of   533          

the designated delinquent act or juvenile offense charged or a     534          

nolle prosequi is entered in that case, the fingerprints and       535          

description shall be given to the accused upon the accused's       536          

request.  The                                                                   

      (6)  THE superintendent shall compare the description        540          

received with those already on file in the bureau, and, if the     541          

superintendent finds that the person arrested or taken into        543          

custody has a criminal record or a record as a delinquent child    544          

for having committed an act that is a designated delinquent act    546          

or juvenile offense or is a fugitive from justice or wanted by     547          

                                                          14     

                                                                 
any jurisdiction in this or another state, the United States, or   549          

a foreign country for any offense, the superintendent at once      550          

shall inform the arresting officer or, the officer taking the      552          

person into custody, OR THE CHIEF ADMINISTRATIVE OFFICER OF THE    553          

COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR               554          

MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED           555          

CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL      556          

FACILITY, OR STATE CORRECTIONAL INSTITUTION IN WHICH THE PERSON                 

OR CHILD IS IN CUSTODY of that fact and give appropriate notice    559          

to the proper authorities in the jurisdiction in which the person  560          

is wanted, or, if that jurisdiction is a foreign country, give     561          

appropriate notice to federal authorities for transmission to the  563          

foreign country.  The names, under which each person whose                      

identification is filed is known, shall be alphabetically indexed  565          

by the superintendent.                                                          

      (C)  This section does not apply to a violator of a city     567          

ordinance unless the officers have reason to believe that the      568          

violator is a past offender or the crime is one constituting a     569          

misdemeanor on the first offense and a felony on subsequent        570          

offenses, or unless it is advisable for the purpose of subsequent  571          

identification.  This section does not apply to any child under    572          

eighteen years of age who was not arrested or otherwise taken      573          

into custody for committing an act that is a designated            575          

delinquent act or juvenile offense or upon probable cause to       576          

believe that a child of that age may have committed an act that    578          

is a designated delinquent act or juvenile offense, except as      580          

provided in section 2151.313 of the Revised Code.                               

      Sec. 311.07.  (A)  Each sheriff shall preserve the public    589          

peace and cause all persons guilty of any breach of the peace,     590          

within his THE SHERIFF'S knowledge or view, to enter into          591          

recognizance with sureties to keep the peace and to appear at the  593          

succeeding term of the court of common pleas, and the sheriff      594          

shall commit such persons to jail in case they refuse to do so.    595          

He THE SHERIFF shall return a transcript of all his THE SHERIFF'S  597          

                                                          15     

                                                                 
proceedings with the recognizance so taken to such court.  He THE  599          

SHERIFF shall, except as provided in division (C) of this          601          

section, execute all warrants, writs, and other process directed   602          

to him THE SHERIFF by any proper and lawful authority of this      603          

state, and those issued by a proper and lawful authority of any    604          

other state.  He THE SHERIFF shall attend upon the court of        605          

common pleas and the court of appeals during their sessions, and,  607          

when required, shall attend upon the probate court.  In the        608          

execution of the OFFICIAL duties required of him OF THE SHERIFF,   610          

the sheriff may call to his THE SHERIFF'S aid such persons or      612          

power of the county as is necessary.  Under the direction and      613          

control of the board of county commissioners, such sheriff shall   614          

have charge of the court house.  A sheriff or deputy sheriff of a  615          

county may participate, as the director of an organized crime      616          

task force established under section 177.02 of the Revised Code    617          

or as a member of the investigatory staff of such a task force,    618          

in an investigation of organized criminal activity in any county   619          

or counties in this state under sections 177.01 to 177.03 of the   620          

Revised Code.                                                      621          

      (B)  The sheriff of a county may call upon the sheriff of    623          

any adjoining OTHER county, the mayor or other chief executive of  625          

any municipal corporation within his county or in adjoining        627          

counties, and the chairman CHAIRPERSON of the board of township    628          

trustees of any township within his county or in adjoining         630          

counties THIS STATE, to furnish such law enforcement or fire       632          

protection personnel, or both, together with appropriate           633          

equipment and apparatus, as may be necessary to preserve the       634          

public peace and protect persons and property in the requesting    635          

sheriff's county in the event of riot, insurrection, or invasion.  636          

Such aid shall be furnished to the sheriff requesting it, insofar  637          

as possible without withdrawing from the political subdivision     638          

furnishing such aid the minimum police and fire protection         639          

appearing necessary under the circumstances.  In such case, law    640          

LAW enforcement and fire protection personnel acting outside the   642          

                                                          16     

                                                                 
territory of their regular employment shall be considered as       643          

performing services within the territory of their regular          644          

employment for the purposes of compensation, pension or indemnity  645          

fund rights, workers' compensation, and other rights or benefits   646          

to which they may be entitled as incidents of their regular        647          

employment.  The county receiving such aid shall reimburse, AS     648          

PROVIDED IN THIS SECTION, the political subdivision furnishing it  650          

the cost of furnishing such aid, including compensation of         651          

personnel, expenses incurred by reason of the injury or death of   652          

any such personnel while rendering such aid, expenses of           653          

furnishing equipment and apparatus, compensation for damage to or  654          

loss of equipment or apparatus while in service outside the        655          

territory of its regular use, and such other reasonable expenses   656          

as may be incurred by any such political subdivision in            657          

furnishing such aid.  THE COST OF FURNISHING SUCH AID MAY BE PAID  659          

FROM THE SHERIFF'S FURTHERANCE OF JUSTICE FUND CREATED PURSUANT    660          

TO SECTION 325.071 OF THE REVISED CODE OR FROM THE LAW             661          

ENFORCEMENT TRUST FUND CREATED PURSUANT TO SECTION 2933.43 OF THE  662          

REVISED CODE, OR FROM THE COUNTY GENERAL FUND TO THE EXTENT        663          

MONEYS HAVE BEEN APPROPRIATED FOR SUCH PURPOSES PURSUANT TO        665          

SECTION 5705.38 OF THE REVISED CODE UNLESS THE BOARD OF COUNTY     666          

COMMISSIONERS ADOPTS A RESOLUTION RESTRICTING OR PROHIBITING THE   667          

USE OF GENERAL FUND MONEYS WITHOUT THE PRIOR APPROVAL OF THE       668          

BOARD OF COUNTY COMMISSIONERS.  Nothing in this section shall be   670          

construed as superseding or modifying in any way any provision of  671          

a contract entered into pursuant to section 311.29 of the Revised  672          

Code.  Law enforcement officers acting pursuant to this section    673          

outside the territory of their regular employment have the same    674          

authority to enforce the law as when acting within the territory   675          

of their regular employment.                                                    

      (C)  The sheriff shall not execute process that is issued    677          

in a state other than this state, unless the process contains      678          

either of the following:                                           679          

      (1)  A certification by the judge of the court that issued   681          

                                                          17     

                                                                 
the process stating that the issuing court has jurisdiction to     682          

issue the process and that the documents being forwarded conform   683          

to the laws of the state in which the court is located;            684          

      (2)  If the process is an initial summons to appear and      686          

defend issued after the filing of a complaint commencing an        687          

action, a certification by the clerk of the court that issued the  688          

process stating that the process was issued in conformance with    689          

the laws of the state in which the court is located.               690          

      (D)  As used in this section and section 311.08 of the       692          

Revised Code, "proper and lawful authority" means any authority    693          

authorized by law to issue any process and "process" means those   694          

documents issued in this state in accordance with section 7.01 of  695          

the Revised Code and those documents, other than executions of     696          

judgments or decrees, issued in a state other than this state      697          

that conform to the laws of the state of issuance governing the    698          

issuance of process in that state.                                 699          

      Sec. 505.43.  In order to obtain police protection, or to    708          

obtain additional police protection in times of emergency, any     709          

township may enter into a contract with one or more townships,     710          

municipal corporations, park districts created pursuant to         711          

section 511.18 or 1545.01 of the Revised Code, or county sheriffs  712          

or with a governmental entity of an adjoining state upon any       713          

terms that are agreed to by them, for services of police           714          

departments or use of police equipment, or the interchange of the  715          

service of police departments or use of police equipment within    716          

the several territories of the contracting subdivisions, if the    717          

contract is first authorized by respective boards of township      718          

trustees or other legislative bodies.  The cost of the contract    719          

may be paid for from the township general fund or from funds       720          

received pursuant to the passage of a levy authorized pursuant to  721          

division (J) of section 5705.19 and section 5705.25 of the         722          

Revised Code.                                                      723          

      Chapter 2744. of the Revised Code, insofar as it is          725          

applicable to the operation of police departments, applies to the  726          

                                                          18     

                                                                 
contracting political subdivisions and police department members   727          

when the members are rendering service outside their own           728          

subdivision pursuant to the contract.                              729          

      Police department members acting outside the subdivision in  731          

which they are employed may participate in any pension or          732          

indemnity fund established by their employer to the same extent    733          

as while acting within the employing subdivision, and are          734          

entitled to all the rights and benefits of Chapter 4123. of the    735          

Revised Code, to the same extent as while performing service       736          

within the subdivision.                                            737          

      The contract may provide for a fixed annual charge to be     739          

paid at the times agreed upon and stipulated in the contract.      740          

      Sec. 737.04.  The legislative authority of any municipal     749          

corporation, in order to obtain police protection or to obtain     750          

additional police protection, OR TO ALLOW ITS POLICE OFFICERS TO   751          

WORK IN MULTIJURISDICTIONAL DRUG, GANG, OR CAREER CRIMINAL TASK    752          

FORCES, may enter into contracts with one or more municipal        754          

corporations, townships, township police districts, or county      755          

sheriffs in this state, with one or more park districts created    756          

pursuant to section 511.18 or 1545.01 of the Revised Code, or      757          

with a contiguous municipal corporation in an adjoining state,     758          

upon any terms that are agreed upon, for services of police        759          

departments or the use of police equipment or for the interchange  760          

of services of police departments or police equipment within the   761          

several territories of the contracting subdivisions.               762          

      Chapter 2744. of the Revised Code, insofar as it applies to  764          

the operation of police departments, shall apply to the            765          

contracting political subdivisions and to the police department    766          

members when they are rendering service outside their own          767          

subdivisions pursuant to the contracts.                            768          

      Police department members acting outside the subdivision in  770          

which they are employed, pursuant to a contract entered into       771          

under this section, shall be entitled to participate in any        772          

indemnity fund established by their employer to the same extent    773          

                                                          19     

                                                                 
as while acting within the employing subdivision.  Those members   774          

shall be entitled to all the rights and benefits of Chapter 4123.  775          

of the Revised Code, to the same extent as while performing        776          

service within the subdivision.                                    777          

      The contracts may provide for:                               779          

      (A)  A fixed annual charge to be paid at the times agreed    781          

upon and stipulated in the contract;                               782          

      (B)  Compensation based upon:                                784          

      (1)  A stipulated price for each call or emergency;          786          

      (2)  The number of members or pieces of equipment employed;  788          

      (3)  The elapsed time of service required in each call or    790          

emergency.                                                         791          

      (C)  Compensation for loss or damage to equipment while      793          

engaged in rendering police services outside the limits of the     794          

subdivision owning and furnishing the equipment;                   795          

      (D)  Reimbursement of the subdivision in which the police    797          

department members are employed for any indemnity award or         798          

premium contribution assessed against the employing subdivision    799          

for workers' compensation benefits for injuries or death of its    800          

police department members occurring while engaged in rendering     801          

police services pursuant to the contract.                          802          

      Sec. 737.041.  The police department of any municipal        811          

corporation may provide police protection to any county,           812          

municipal corporation, township, or township police district of    813          

this state, to a park district created pursuant to section 511.18  814          

or 1545.01 of the Revised Code, TO ANY MULTIJURISDICTIONAL DRUG,   815          

GANG, OR CAREER CRIMINAL TASK FORCE, or to a governmental entity   816          

of an adjoining state without a contract to provide police         817          

protection, upon the approval, by resolution, of the legislative   818          

authority of the municipal corporation in which the department is  819          

located and upon authorization by an officer or employee of the    820          

police department providing the police protection who is           821          

designated by title of office or position, pursuant to the         822          

resolution of the legislative authority of the municipal           823          

                                                          20     

                                                                 
corporation, to give the authorization.                            824          

      Chapter 2744. of the Revised Code, insofar as it applies to  826          

the operation of police departments, shall apply to any municipal  827          

corporation and to members of its police department when the       828          

members are rendering police services pursuant to this section     829          

outside the municipal corporation by which they are employed.      830          

      Police department members acting, as provided in this        832          

section, outside the municipal corporation by which they are       833          

employed shall be entitled to participate in any pension or        834          

indemnity fund established by their employer to the same extent    835          

as while acting within the municipal corporation by which they     836          

are employed.  Those members shall be entitled to all the rights   837          

and benefits of Chapter 4123. of the Revised Code to the same      838          

extent as while performing services within the municipal           839          

corporation by which they are employed.                            840          

      Section 2.  That existing sections 109.57, 109.58, 109.60,   842          

311.07, 505.43, 737.04, and 737.041 of the Revised Code are        844          

hereby repealed.