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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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.