REPRESENTATIVES Setzer, Husted, White

To amend sections 109.71 and 2901.01 of the Revised

1

Code to provide for the training of special police

2

officers of certain airports and to designate those

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special police officers as law enforcement

4

officers.

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

Section 1. That sections 109.71 and 2901.01 of the Revised	6
Code be amended to read as follows:	7

Sec. 109.71.  There is hereby created in the office of the	8
attorney general the Ohio peace officer training commission. The	9
commission shall consist of nine members appointed by the governor	10
with the advice and consent of the senate and selected as follows:	11
one member representing the public; two members who are incumbent	12
sheriffs; two members who are incumbent chiefs of police; one	13
member from the bureau of criminal identification and	14
investigation; one member from the state highway patrol; one	15
member who is the special agent in charge of a field office of the	16
federal bureau of investigation in this state; and one member from	17
the department of education, trade and industrial education	18
services, law enforcement training.	19

As used in sections 109.71 to 109.77 of the Revised Code:

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(A) "Peace officer" means:

21

(1) A deputy sheriff, marshal, deputy marshal, member of the	22
organized police department of a township or municipal	23
corporation, member of a township police district or joint	24
township police district police force, member of a police force	25
employed by a metropolitan housing authority under division (D) of	26
section 3735.31 of the Revised Code, or township constable, who is	27
commissioned and employed as a peace officer by a political	28
subdivision of this state or by a metropolitan housing authority,	29
and whose primary duties are to preserve the peace, to protect	30
life and property, and to enforce the laws of this state,	31
ordinances of a municipal corporation, resolutions of a township,	32
or regulations of a board of county commissioners or board of	33
township trustees, or any of those laws, ordinances, resolutions,	34
or regulations;	35

(2) A police officer who is employed by a railroad company	36
and appointed and commissioned by the governor pursuant to	37
sections 4973.17 to 4973.22 of the Revised Code;	38

(3) Employees of the department of taxation engaged in the	39
enforcement of Chapter 5743. of the Revised Code and designated by	40
the tax commissioner for peace officer training for purposes of	41
the delegation of investigation powers under section 5743.45 of	42
the Revised Code;	43

(4) An undercover drug agent;

44

(5) Enforcement agents of the department of public safety	45
whom the director of public safety designates under section	46
5502.14 of the Revised Code;	47

(6) An employee of the department of natural resources who	48
is a natural resources law enforcement staff officer designated	49
pursuant to section 1501.013, a park officer designated pursuant	50
to section 1541.10, a forest officer designated pursuant to	51
section 1503.29, a preserve officer designated pursuant to section	52
1517.10, a wildlife officer designated pursuant to section	53
1531.13, or a state watercraft officer designated pursuant to	54
section 1547.521 of the Revised Code;	55

(7) An employee of a park district who is designated	56
pursuant to section 511.232 or 1545.13 of the Revised Code;	57

(8) An employee of a conservancy district who is designated	58
pursuant to section 6101.75 of the Revised Code;	59

(9) A police officer who is employed by a hospital that	60
employs and maintains its own proprietary police department or	61
security department, and who is appointed and commissioned by the	62
governor pursuant to sections 4973.17 to 4973.22 of the Revised	63
Code;	64

(10) Ohio veterans' home police officers designated under	65
section 5907.02 of the Revised Code;	66

(11) A police officer who is employed by a qualified	67
nonprofit corporation police department pursuant to section	68
1702.80 of the Revised Code;	69

(12) A state university law enforcement officer appointed	70
under section 3345.04 of the Revised Code or a person serving as a	71
state university law enforcement officer on a permanent basis on	72
June 19, 1978, who has been awarded a certificate by the executive	73
director of the Ohio peace officer training council attesting to	74
the person's satisfactory completion of an approved state, county,	75
municipal, or department of natural resources peace officer basic	76
training program;	77

(13) A special police officer employed by the department of	78
mental health pursuant to section 5119.14 of the Revised Code or	79
the department of mental retardation and developmental	80
disabilities pursuant to section 5123.13 of the Revised Code;	81

(14) A member of a campus police department appointed under	82
section 1713.50 of the Revised Code;	83

(15) A member of a police force employed by a regional	84
transit authority under division (Y) of section 306.35 of the	85
Revised Code;	86

(16) Investigators appointed by the auditor of state	87
pursuant to section 117.091 of the Revised Code and engaged in the	88
enforcement of Chapter 117. of the Revised Code;	89

(17) A special police officer designated by the	90
superintendent of the state highway patrol pursuant to section	91
5503.09 of the Revised Code or a person who was serving as a	92
special police officer pursuant to that section on a permanent	93
basis on October 21, 1997, and who has been awarded a certificate	94
by the executive director of the Ohio peace officer training	95
commission attesting to the person's satisfactory completion of an	96
approved state, county, municipal, or department of natural	97
resources peace officer basic training program;	98

(19)(18) A special police officer employed by a port	99
authority under section 4582.04 or 4582.28 of the Revised Code or	100
a person serving as a special police officer employed by a port	101
authority on a permanent basis on the effective date of this	102
amendmentMay17, 2000, who has been awarded a certificate by the	103
executive director of the Ohio peace officer training council	104
attesting to the person's satisfactory completion of an approved	105
state, county, municipal, or department of natural resources peace	106
officer basic training program;	107

(19) A special police officer employed by an airport that	108
has scheduled operations, as defined in section 119.3 of Title 14	109
of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended,	110
and that is required to be under a security program and is	111
governed by aviation security rules of the transportation security	112
administration of the United States department of transportation	113
as provided in Parts 1542. and 1544. of Title 49 of the Code of	114
Federal Regulations, as amended.	115

(B) "Undercover drug agent" has the same meaning as in	116
division (B)(2) of section 109.79 of the Revised Code.	117

(C) "Crisis intervention training" means training in the use	118
of interpersonal and communication skills to most effectively and	119
sensitively interview victims of rape.	120

(D) "Missing children" has the same meaning as in section	121
2901.30 of the Revised Code.	122

Sec. 2901.01.  (A) As used in the Revised Code:

123

(1) "Force" means any violence, compulsion, or constraint	124
physically exerted by any means upon or against a person or thing.	125

(2) "Deadly force" means any force that carries a	126
substantial risk that it will proximately result in the death of	127
any person.	128

(3) "Physical harm to persons" means any injury, illness, or	129
other physiological impairment, regardless of its gravity or	130
duration.	131

(4) "Physical harm to property" means any tangible or	132
intangible damage to property that, in any degree, results in loss	133
to its value or interferes with its use or enjoyment. "Physical	134
harm to property" does not include wear and tear occasioned by	135
normal use.	136

(5) "Serious physical harm to persons" means any of the	137
following:	138

(a) Any mental illness or condition of such gravity as would	139
normally require hospitalization or prolonged psychiatric	140
treatment;	141

(b) Any physical harm that carries a substantial risk of	142
death;	143

(c) Any physical harm that involves some permanent	144
incapacity, whether partial or total, or that involves some	145
temporary, substantial incapacity;	146

(d) Any physical harm that involves some permanent	147
disfigurement or that involves some temporary, serious	148
disfigurement;	149

(e) Any physical harm that involves acute pain of such	150
duration as to result in substantial suffering or that involves	151
any degree of prolonged or intractable pain.	152

(6) "Serious physical harm to property" means any physical	153
harm to property that does either of the following:	154

(a) Results in substantial loss to the value of the property	155
or requires a substantial amount of time, effort, or money to	156
repair or replace;	157

(b) Temporarily prevents the use or enjoyment of the	158
property or substantially interferes with its use or enjoyment for	159
an extended period of time.	160

(7) "Risk" means a significant possibility, as contrasted	161
with a remote possibility, that a certain result may occur or that	162
certain circumstances may exist.	163

(8) "Substantial risk" means a strong possibility, as	164
contrasted with a remote or significant possibility, that a	165
certain result may occur or that certain circumstances may exist.	166

(9) "Offense of violence" means any of the following:

167

(a) A violation of section 2903.01, 2903.02, 2903.03,	168
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	169
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	170
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02,	171
2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161,	172
of division (A)(1), (2), or (3) of section 2911.12, or of division	173
(B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or	174
felonious sexual penetration in violation of former section	175
2907.12 of the Revised Code;	176

(b) A violation of an existing or former municipal ordinance	177
or law of this or any other state or the United States,	178
substantially equivalent to any section, division, or offense	179
listed in division (A)(9)(a) of this section;	180

(c) An offense, other than a traffic offense, under an	181
existing or former municipal ordinance or law of this or any other	182
state or the United States, committed purposely or knowingly, and	183
involving physical harm to persons or a risk of serious physical	184
harm to persons;	185

(d) A conspiracy or attempt to commit, or complicity in	186
committing, any offense under division (A)(9)(a), (b), or (c) of	187
this section.	188

(10)(a) "Property" means any property, real or personal,	189
tangible or intangible, and any interest or license in that	190
property. "Property" includes, but is not limited to, cable	191
television service, other telecommunications service,	192
telecommunications devices, information service, computers, data,	193
computer software, financial instruments associated with	194
computers, other documents associated with computers, or copies of	195
the documents, whether in machine or human readable form, trade	196
secrets, trademarks, copyrights, patents, and property protected	197
by a trademark, copyright, or patent. "Financial instruments	198
associated with computers" include, but are not limited to,	199
checks, drafts, warrants, money orders, notes of indebtedness,	200
certificates of deposit, letters of credit, bills of credit or	201
debit cards, financial transaction authorization mechanisms,	202
marketable securities, or any computer system representations of	203
any of them.	204

(b) As used in division (A)(10) of this section, "trade	205
secret" has the same meaning as in section 1333.61 of the Revised	206
Code, and "telecommunications service" and "information service"	207
have the same meanings as in section 2913.01 of the Revised Code.	208

(c) As used in divisions (A)(10) and (13) of this section,	209
"cable television service," "computer," "computer software,"	210
"computer system," "computer network," "data," and	211
"telecommunications device" have the same meanings as in section	212
2913.01 of the Revised Code.	213

(11) "Law enforcement officer" means any of the following:

214

(a) A sheriff, deputy sheriff, constable, police officer of	215
a township or joint township police district, marshal, deputy	216
marshal, municipal police officer, member of a police force	217
employed by a metropolitan housing authority under division (D) of	218
section 3735.31 of the Revised Code, or state highway patrol	219
trooper;	220

(b) An officer, agent, or employee of the state or any of	221
its agencies, instrumentalities, or political subdivisions, upon	222
whom, by statute, a duty to conserve the peace or to enforce all	223
or certain laws is imposed and the authority to arrest violators	224
is conferred, within the limits of that statutory duty and	225
authority;	226

(c) A mayor, in the mayor's capacity as chief conservator of	227
the peace within the mayor's municipal corporation;	228

(d) A member of an auxiliary police force organized by	229
county, township, or municipal law enforcement authorities, within	230
the scope of the member's appointment or commission;	231

(e) A person lawfully called pursuant to section 311.07 of	232
the Revised Code to aid a sheriff in keeping the peace, for the	233
purposes and during the time when the person is called;	234

(f) A person appointed by a mayor pursuant to section 737.01	235
of the Revised Code as a special patrolling officer during riot or	236
emergency, for the purposes and during the time when the person is	237
appointed;	238

(g) A member of the organized militia of this state or the	239
armed forces of the United States, lawfully called to duty to aid	240
civil authorities in keeping the peace or protect against domestic	241
violence;	242

(h) A prosecuting attorney, assistant prosecuting attorney,	243
secret service officer, or municipal prosecutor;	244

(i) An Ohio veterans' home police officer appointed under	245
section 5907.02 of the Revised Code;	246

(j) A member of a police force employed by a regional	247
transit authority under division (Y) of section 306.35 of the	248
Revised Code;	249

(k) A special police officer employed by a port authority	250
under section 4582.04 or 4582.28 of the Revised Code;	251

(l) The house sergeant at arms if the house sergeant at arms	252
has arrest authority pursuant to division (E)(1) of section	253
101.311 of the Revised Code and an assistant house sergeant at	254
arms;	255

(m) A special police officer employed by an airport that has	256
scheduled operations, as defined in section 119.3 of Title 14 of	257
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	258
that is required to be under a security program and is governed by	259
aviation security rules of the transportation security	260
administration of the United States department of transportation	261
as provided in Parts 1542. and 1544. of Title 49 of the Code of	262
Federal Regulations, as amended.	263

(12) "Privilege" means an immunity, license, or right	264
conferred by law, bestowed by express or implied grant, arising	265
out of status, position, office, or relationship, or growing out	266
of necessity.	267

(13) "Contraband" means any property described in the	268
following categories:	269

(a) Property that in and of itself is unlawful for a person	270
to acquire or possess;	271

(b) Property that is not in and of itself unlawful for a	272
person to acquire or possess, but that has been determined by a	273
court of this state, in accordance with law, to be contraband	274
because of its use in an unlawful activity or manner, of its	275
nature, or of the circumstances of the person who acquires or	276
possesses it, including, but not limited to, goods and personal	277
property described in division (D) of section 2913.34 of the	278
Revised Code;	279

(c) Property that is specifically stated to be contraband by	280
a section of the Revised Code or by an ordinance, regulation, or	281
resolution;	282

(d) Property that is forfeitable pursuant to a section of	283
the Revised Code, or an ordinance, regulation, or resolution,	284
including, but not limited to, forfeitable firearms, dangerous	285
ordnance, obscene materials, and goods and personal property	286
described in division (D) of section 2913.34 of the Revised Code;	287

(e) Any controlled substance, as defined in section 3719.01	288
of the Revised Code, or any device, paraphernalia, money as	289
defined in section 1301.01 of the Revised Code, or other means of	290
exchange that has been, is being, or is intended to be used in an	291
attempt or conspiracy to violate, or in a violation of, Chapter	292
2925. or 3719. of the Revised Code;	293

(f) Any gambling device, paraphernalia, money as defined in	294
section 1301.01 of the Revised Code, or other means of exchange	295
that has been, is being, or is intended to be used in an attempt	296
or conspiracy to violate, or in the violation of, Chapter 2915. of	297
the Revised Code;	298

(g) Any equipment, machine, device, apparatus, vehicle,	299
vessel, container, liquid, or substance that has been, is being,	300
or is intended to be used in an attempt or conspiracy to violate,	301
or in the violation of, any law of this state relating to alcohol	302
or tobacco;	303

(h) Any personal property that has been, is being, or is	304
intended to be used in an attempt or conspiracy to commit, or in	305
the commission of, any offense or in the transportation of the	306
fruits of any offense;	307

(i) Any property that is acquired through the sale or other	308
transfer of contraband or through the proceeds of contraband,	309
other than by a court or a law enforcement agency acting within	310
the scope of its duties;	311

(j) Any computer, computer system, computer network,	312
computer software, or other telecommunications device that is used	313
in a conspiracy to commit, an attempt to commit, or the commission	314
of any offense, if the owner of the computer, computer system,	315
computer network, computer software, or other telecommunications	316
device is convicted of or pleads guilty to the offense in which it	317
is used.	318

(14) A person is "not guilty by reason of insanity" relative	319
to a charge of an offense only if the person proves, in the manner	320
specified in section 2901.05 of the Revised Code, that at the time	321
of the commission of the offense, the person did not know, as a	322
result of a severe mental disease or defect, the wrongfulness of	323
the person's acts.	324

(B)(1)(a) Subject to division (B)(2) of this section, as	325
used in any section contained in Title XXIX of the Revised Code	326
that sets forth a criminal offense, "person" includes all of the	327
following:	328

(i) An individual, corporation, business trust, estate,	329
trust, partnership, and association;	330

(ii) An unborn human who is viable.

331

(b) As used in any section contained in Title XXIX of the	332
Revised Code that does not set forth a criminal offense, "person"	333
includes an individual, corporation, business trust, estate,	334
trust, partnership, and association.	335

(c) As used in division (B)(1)(a) of this section:

336

(i) "Unborn human" means an individual organism of the	337
species Homo sapiens from fertilization until live birth.	338

(ii) "Viable" means the stage of development of a human	339
fetus at which there is a realistic possibility of maintaining and	340
nourishing of a life outside the womb with or without temporary	341
artificial life-sustaining support.	342

(2) Notwithstanding division (B)(1)(a) of this section, in	343
no case shall the portion of the definition of the term "person"	344
that is set forth in division (B)(1)(a)(ii) of this section be	345
applied or construed in any section contained in Title XXIX of the	346
Revised Code that sets forth a criminal offense in any of the	347
following manners:	348

(a) Except as otherwise provided in division (B)(2)(a) of	349
this section, in a manner so that the offense prohibits or is	350
construed as prohibiting any pregnant woman or her physician from	351
performing an abortion with the consent of the pregnant woman,	352
with the consent of the pregnant woman implied by law in a medical	353
emergency, or with the approval of one otherwise authorized by law	354
to consent to medical treatment on behalf of the pregnant woman.	355
An abortion that violates the conditions described in the	356
immediately preceding sentence may be punished as a violation of	357
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	358
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	359
of the Revised Code, as applicable. An abortion that does not	360
violate the conditions described in the second immediately	361
preceding sentence, but that does violate section 2919.12,	362
division (B) of section 2919.13, or section 2919.151, 2919.17, or	363
2919.18 of the Revised Code, may be punished as a violation of	364
section 2919.12, division (B) of section 2919.13, or section	365
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	366
Consent is sufficient under this division if it is of the type	367
otherwise adequate to permit medical treatment to the pregnant	368
woman, even if it does not comply with section 2919.12 of the	369
Revised Code.	370

(b) In a manner so that the offense is applied or is	371
construed as applying to a woman based on an act or omission of	372
the woman that occurs while she is or was pregnant and that	373
results in any of the following:	374

(i) Her delivery of a stillborn baby;

375

(ii) Her causing, in any other manner, the death in utero of	376
a viable, unborn human that she is carrying;	377

(iii) Her causing the death of her child who is born alive	378
but who dies from one or more injuries that are sustained while	379
the child is a viable, unborn human;	380

(iv) Her causing her child who is born alive to sustain one	381
or more injuries while the child is a viable, unborn human;	382

(v) Her causing, threatening to cause, or attempting to	383
cause, in any other manner, an injury, illness, or other	384
physiological impairment, regardless of its duration or gravity,	385
or a mental illness or condition, regardless of its duration or	386
gravity, to a viable, unborn human that she is carrying.	387

(C) As used in Title XXIX of the Revised Code:

388

(1) "School safety zone" consists of a school, school	389
building, school premises, school activity, and school bus.	390

(2) "School," "school building," and "school premises" have	391
the same meanings as in section 2925.01 of the Revised Code.	392

(3) "School activity" means any activity held under the	393
auspices of a board of education of a city, local, exempted	394
village, joint vocational, or cooperative education school	395
district, a governing board of an educational service center, or	396
the governing body of a school for which the state board of	397
education prescribes minimum standards under section 3301.07 of	398
the Revised Code.	399

(4) "School bus" has the same meaning as in section 4511.01	400
of the Revised Code.	401

Section 2. That existing sections 109.71 and 2901.01 of the	402
Revised Code are hereby repealed.	403

Section 3.  Section 109.71 of the Revised Code is presented	404
in this act as a composite of the section as amended by both Am.	405
Sub. H.B. 163 and Am. S.B. 137 of the 123rd General Assembly. The	406
General Assembly, applying the principle stated in division (B) of	407
section 1.52 of the Revised Code that amendments are to be	408
harmonized if reasonably capable of simultaneous operation, finds	409
that the composite is the resulting version of the section in	410
effect prior to the effective date of the section as presented in	411
this act.	412