SENATORS Roberts, Jacobson

To amend sections 109.71, 109.75, 109.77, 109.801,

1

2901.01, 2935.01, and 2935.03 of the Revised Code

2

to require certain special police officers of

3

certain airports to receive peace officer training

4

and certification and annual firearms

5

requalification, to designate those special police

6

officers as peace officers and law enforcement

7

officers for certain purposes, to exempt certain

8

certification examinations from the Public Records

9

Law, to require the Executive Director of the

10

Peace Officer Training Commission to cause a

11

criminal records check of any person seeking peace

12

officer basic training certification before the

13

person's completion of an approved program, and to

14

authorize the conveyance of state-owned land in

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Madison County to the Kirkwood Cemetery

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Association.

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

Section 1. That sections 109.71, 109.75, 109.77, 109.801,	18
2901.01, 2935.01, and 2935.03 of the Revised Code be amended to	19
read as follows:	20

Sec. 109.71.  There is hereby created in the office of the	21
attorney general the Ohio peace officer training commission. The	22
commission shall consist of nine members appointed by the governor	23
with the advice and consent of the senate and selected as follows:	24
one member representing the public; two members who are incumbent	25
sheriffs; two members who are incumbent chiefs of police; one	26
member from the bureau of criminal identification and	27
investigation; one member from the state highway patrol; one	28
member who is the special agent in charge of a field office of the	29
federal bureau of investigation in this state; and one member from	30
the department of education, trade and industrial education	31
services, law enforcement training.	32

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

33

(A) "Peace officer" means:

34

(1) A deputy sheriff, marshal, deputy marshal, member of the	35
organized police department of a township or municipal	36
corporation, member of a township police district or joint	37
township police district police force, member of a police force	38
employed by a metropolitan housing authority under division (D) of	39
section 3735.31 of the Revised Code, or township constable, who is	40
commissioned and employed as a peace officer by a political	41
subdivision of this state or by a metropolitan housing authority,	42
and whose primary duties are to preserve the peace, to protect	43
life and property, and to enforce the laws of this state,	44
ordinances of a municipal corporation, resolutions of a township,	45
or regulations of a board of county commissioners or board of	46
township trustees, or any of those laws, ordinances, resolutions,	47
or regulations;	48

(2) A police officer who is employed by a railroad company	49
and appointed and commissioned by the governor pursuant to	50
sections 4973.17 to 4973.22 of the Revised Code;	51

(3) Employees of the department of taxation engaged in the	52
enforcement of Chapter 5743. of the Revised Code and designated by	53
the tax commissioner for peace officer training for purposes of	54
the delegation of investigation powers under section 5743.45 of	55
the Revised Code;	56

(4) An undercover drug agent;

57

(5) Enforcement agents of the department of public safety	58
whom the director of public safety designates under section	59
5502.14 of the Revised Code;	60

(6) An employee of the department of natural resources who	61
is a natural resources law enforcement staff officer designated	62
pursuant to section 1501.013, a park officer designated pursuant	63
to section 1541.10, a forest officer designated pursuant to	64
section 1503.29, a preserve officer designated pursuant to section	65
1517.10, a wildlife officer designated pursuant to section	66
1531.13, or a state watercraft officer designated pursuant to	67
section 1547.521 of the Revised Code;	68

(7) An employee of a park district who is designated	69
pursuant to section 511.232 or 1545.13 of the Revised Code;	70

(8) An employee of a conservancy district who is designated	71
pursuant to section 6101.75 of the Revised Code;	72

(9) A police officer who is employed by a hospital that	73
employs and maintains its own proprietary police department or	74
security department, and who is appointed and commissioned by the	75
governor pursuant to sections 4973.17 to 4973.22 of the Revised	76
Code;	77

(10) Ohio veterans' home police officers designated under	78
section 5907.02 of the Revised Code;	79

(11) A police officer who is employed by a qualified	80
nonprofit corporation police department pursuant to section	81
1702.80 of the Revised Code;	82

(12) A state university law enforcement officer appointed	83
under section 3345.04 of the Revised Code or a person serving as a	84
state university law enforcement officer on a permanent basis on	85
June 19, 1978, who has been awarded a certificate by the executive	86
director of the Ohio peace officer training councilcommission	87
attesting to the person's satisfactory completion of an approved	88
state, county, municipal, or department of natural resources peace	89
officer basic training program;	90

(13) A special police officer employed by the department of	91
mental health pursuant to section 5119.14 of the Revised Code or	92
the department of mental retardation and developmental	93
disabilities pursuant to section 5123.13 of the Revised Code;	94

(14) A member of a campus police department appointed under	95
section 1713.50 of the Revised Code;	96

(15) A member of a police force employed by a regional	97
transit authority under division (Y) of section 306.35 of the	98
Revised Code;	99

(16) Investigators appointed by the auditor of state	100
pursuant to section 117.091 of the Revised Code and engaged in the	101
enforcement of Chapter 117. of the Revised Code;	102

(17) A special police officer designated by the	103
superintendent of the state highway patrol pursuant to section	104
5503.09 of the Revised Code or a person who was serving as a	105
special police officer pursuant to that section on a permanent	106
basis on October 21, 1997, and who has been awarded a certificate	107
by the executive director of the Ohio peace officer training	108
commission attesting to the person's satisfactory completion of an	109
approved state, county, municipal, or department of natural	110
resources peace officer basic training program;	111

(19)(18) A special police officer employed by a port	112
authority under section 4582.04 or 4582.28 of the Revised Code or	113
a person serving as a special police officer employed by a port	114
authority on a permanent basis on the effective date of this	115
amendmentMay17, 2000, who has been awarded a certificate by the	116
executive director of the Ohio peace officer training council	117
commission attesting to the person's satisfactory completion of an	118
approved state, county, municipal, or department of natural	119
resources peace officer basic training program;	120

(19) A special police officer employed by a municipal	121
corporation who has been awarded a certificate by the executive	122
director of the Ohio peace officer training commission for	123
satisfactory completion of an approved peace officer basic	124
training program and who is employed on a permanent basis on or	125
after the effective date of this amendment at a municipal airport,	126
or other municipal air navigation facility, that has scheduled	127
operations, as defined in section 119.3 of Title 14 of the Code of	128
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	129
required to be under a security program and is governed by	130
aviation security rules of the transportation security	131
administration of the United States department of transportation	132
as provided in Parts 1542. and 1544. of Title 49 of the Code of	133
Federal Regulations, as amended.	134

(B) "Undercover drug agent" has the same meaning as in	135
division (B)(2) of section 109.79 of the Revised Code.	136

(C) "Crisis intervention training" means training in the use	137
of interpersonal and communication skills to most effectively and	138
sensitively interview victims of rape.	139

(D) "Missing children" has the same meaning as in section	140
2901.30 of the Revised Code.	141

Sec. 109.75.  The executive director of the Ohio peace	142
officer training commission, on behalf of the commission, shall	143
have the following powers and duties, which shall be exercised	144
with the general advice of the commission and only in accordance	145
with section 109.751 of the Revised Code and the rules adopted	146
pursuant to that section, and with the rules adopted by the	147
attorney general pursuant to sections 109.74, 109.741, 109.742,	148
and 109.743 of the Revised Code:	149

(A) To approve peace officer training schools and firearms	150
requalification programs administered by the state, counties,	151
municipal corporations, and the department of natural resources,	152
to issue certificates of approval to approved schools, and to	153
revoke an approval or certificate;	154

(B) To certify, as qualified, instructors at approved peace	155
officer training schools, to issue appropriate certificates to	156
these instructors, and to revoke for good cause shown certificates	157
of these instructors;	158

(C) To certify, as qualified, commanders at approved peace	159
officer training schools, to issue appropriate certificates to	160
these commanders, and to revoke for good cause shown certificates	161
of these commanders. As used in this division, "commander" means	162
the director or other head of an approved peace officer training	163
school.	164

(D) To certify peace officers and sheriffs who have	165
satisfactorily completed basic training programs and to issue	166
appropriate certificates to these peace officers and sheriffs;	167

(E) To cause studies and surveys to be made relating to the	168
establishment, operation, and approval of state, county, and	169
municipal peace officer training schools;	170

(F) To consult and cooperate with state, county, and	171
municipal peace officer training schools for the development of	172
advanced in-service training programs for peace officers;	173

(G) To consult and cooperate with universities, colleges,	174
and institutes for the development of specialized courses of study	175
in the state for peace officers in police science and police	176
administration;	177

(H) To consult and cooperate with other departments and	178
agencies of the state and federal government concerned with peace	179
officer training;	180

(I) To perform any other acts that may be necessary or	181
appropriate to carry out the executive director's powers and	182
duties as set forth in sections 109.71 to 109.77 of the Revised	183
Code;	184

(J) To report to the commission at each regular meeting of	185
the commission and at any other times that the councilcommission	186
may require;	187

(K) To certify persons who have satisfactorily completed	188
approved training programs for correction officers in full-service	189
jails, five-day facilities, or eight-hour holding facilities or	190
approved training programs for others who provide correction	191
services in those jails or facilities and to issue appropriate	192
certificates to those persons;	193

(L) To maintain any records associated with the powers and	194
duties set forth in this section. Certification examinations,	195
either before or after completion, are not public records for	196
purposes of section 149.43 of the Revised Code, but the results of	197
such examinations are public records under that section.	198

Sec. 109.77.  (A) As used in this section, "felony" has the	199
same meaning as in section 109.511 of the Revised Code.	200

(B)(1) Notwithstanding any general, special, or local law or	201
charter to the contrary, and except as otherwise provided in this	202
section, no person shall receive an original appointment on a	203
permanent basis as any of the following unless the person	204
previously has been awarded a certificate by the executive	205
director of the Ohio peace officer training commission attesting	206
to the person's satisfactory completion of an approved state,	207
county, municipal, or department of natural resources peace	208
officer basic training program:	209

(a) A peace officer of any county, township, municipal	210
corporation, regional transit authority, or metropolitan housing	211
authority;	212

(b) A natural resources law enforcement staff officer, park	213
officer, forest officer, preserve officer, wildlife officer, or	214
state watercraft officer of the department of natural resources;	215

(c) An employee of a park district under section 511.232 or	216
1545.13 of the Revised Code;	217

(d) An employee of a conservancy district who is designated	218
pursuant to section 6101.75 of the Revised Code;	219

(e) A state university law enforcement officer;

220

(f) A special police officer employed by the department of	221
mental health pursuant to section 5119.14 of the Revised Code or	222
the department of mental retardation and developmental	223
disabilities pursuant to section 5123.13 of the Revised Code;	224

(g) An enforcement agent of the department of public safety	225
whom the director of public safety designates under section	226
5502.14 of the Revised Code;	227

(h) A special police officer employed by a port authority	228
under section 4582.04 or 4582.28 of the Revised Code;	229

(i) A special police officer employed by a municipal	230
corporation at a municipal airport, or other municipal air	231
navigation facility, that has scheduled operations, as defined in	232
section 119.3 of Title 14 of the Code of Federal Regulations, 14	233
C.F.R. 119.3, as amended, and that is required to be under a	234
security program and is governed by aviation security rules of the	235
transportation security administration of the United States	236
department of transportation as provided in Parts 1542. and 1544.	237
of Title 49 of the Code of Federal Regulations, as amended.	238

(2) Every person who is appointed on a temporary basis or	239
for a probationary term or on other than a permanent basis as any	240
of the following shall forfeit the appointed position unless the	241
person previously has completed satisfactorily or, within the time	242
prescribed by rules adopted by the attorney general pursuant to	243
section 109.74 of the Revised Code, satisfactorily completes a	244
state, county, municipal, or department of natural resources peace	245
officer basic training program for temporary or probationary	246
officers and is awarded a certificate by the director attesting to	247
the satisfactory completion of the program:	248

(a) A peace officer of any county, township, municipal	249
corporation, regional transit authority, or metropolitan housing	250
authority;	251

(b) A natural resources law enforcement staff officer, park	252
officer, forest officer, preserve officer, wildlife officer, or	253
state watercraft officer of the department of natural resources;	254

(c) An employee of a park district under section 511.232 or	255
1545.13 of the Revised Code;	256

(d) An employee of a conservancy district who is designated	257
pursuant to section 6101.75 of the Revised Code;	258

(e) A special police officer employed by the department of	259
mental health pursuant to section 5119.14 of the Revised Code or	260
the department of mental retardation and developmental	261
disabilities pursuant to section 5123.13 of the Revised Code;	262

(f) An enforcement agent of the department of public safety	263
whom the director of public safety designates under section	264
5502.14 of the Revised Code;	265

(g) A special police officer employed by a port authority	266
under section 4582.04 or 4582.28 of the Revised Code;	267

(h) A special police officer employed by a municipal	268
corporation at a municipal airport, or other municipal air	269
navigation facility, that has scheduled operations, as defined in	270
section 119.3 of Title 14 of the Code of Federal Regulations, 14	271
C.F.R. 119.3, as amended, and that is required to be under a	272
security program and is governed by aviation security rules of the	273
transportation security administration of the United States	274
department of transportation as provided in Parts 1542. and 1544.	275
of Title 49 of the Code of Federal Regulations, as amended.	276

(3) For purposes of division (B) of this section, a state,	277
county, municipal, or department of natural resources peace	278
officer basic training program, regardless of whether the program	279
is to be completed by peace officers appointed on a permanent or	280
temporary, probationary, or other nonpermanent basis, shall	281
include at least fifteen hours of training in the handling of the	282
offense of domestic violence, other types of domestic	283
violence-related offenses and incidents, and protection orders and	284
consent agreements issued or approved under section 2919.26 or	285
3113.31 of the Revised Code and at least six hours of crisis	286
intervention training. The requirement to complete fifteen hours	287
of training in the handling of the offense of domestic violence,	288
other types of domestic violence-related offenses and incidents,	289
and protection orders and consent agreements issued or approved	290
under section 2919.26 or 3113.31 of the Revised Code does not	291
apply to any person serving as a peace officer on March 27, 1979,	292
and the requirement to complete six hours of training in crisis	293
intervention does not apply to any person serving as a peace	294
officer on April 4, 1985. Any person who is serving as a peace	295
officer on April 4, 1985, who terminates that employment after	296
that date, and who subsequently is hired as a peace officer by the	297
same or another law enforcement agency shall complete the six	298
hours of training in crisis intervention within the time	299
prescribed by rules adopted by the attorney general pursuant to	300
section 109.742 of the Revised Code. No peace officer shall have	301
employment as a peace officer terminated and then be reinstated	302
with intent to circumvent this section.	303

(4) Division (B) of this section does not apply to any	304
person serving on a permanent basis on March 28, 1985, as a park	305
officer, forest officer, preserve officer, wildlife officer, or	306
state watercraft officer of the department of natural resources or	307
as an employee of a park district under section 511.232 or 1545.13	308
of the Revised Code, to any person serving on a permanent basis on	309
March 6, 1986, as an employee of a conservancy district designated	310
pursuant to section 6101.75 of the Revised Code, to any person	311
serving on a permanent basis on January 10, 1991, as a preserve	312
officer of the department of natural resources, to any person	313
employed on a permanent basis on July 2, 1992, as a special police	314
officer by the department of mental health pursuant to section	315
5119.14 of the Revised Code or by the department of mental	316
retardation and developmental disabilities pursuant to section	317
5123.13 of the Revised Code, to any person serving on a permanent	318
basis on the effective date of this amendmentMay 17, 2000, as a	319
special police officer employed by a port authority under section	320
4582.04 or 4582.28 of the Revised Code, to any person serving on a	321
permanent basis on the effective date of this amendment as a	322
special police officer employed by a municipal corporation at a	323
municipal airport or other municipal air navigation facility	324
described in division (A)(19) of section 109.71 of the Revised	325
Code, to any person serving on a permanent basis on June 19, 1978,	326
as a state university law enforcement officer pursuant to section	327
3345.04 of the Revised Code and who, immediately prior to June 19,	328
1978, was serving as a special police officer designated under	329
authority of that section, or to any person serving on a permanent	330
basis on September 20, 1984, as a liquor control investigator,	331
known after June 30, 1999, as an enforcement agent of the	332
department of public safety, engaged in the enforcement of	333
Chapters 4301. and 4303. of the Revised Code.	334

(5) Division (B) of this section does not apply to any	335
person who is appointed as a regional transit authority police	336
officer pursuant to division (Y) of section 306.35 of the Revised	337
Code if, on or before July 1, 1996, the person has completed	338
satisfactorily an approved state, county, municipal, or department	339
of natural resources peace officer basic training program and has	340
been awarded a certificate by the executive director of the Ohio	341
peace officer training commission attesting to the person's	342
satisfactory completion of such an approved program and if, on	343
July 1, 1996, the person is performing peace officer functions for	344
a regional transit authority.	345

(C) No person, after September 20, 1984, shall receive an	346
original appointment on a permanent basis as an Ohio veterans'	347
home police officer designated under section 5907.02 of the	348
Revised Code unless the person previously has been awarded a	349
certificate by the executive director of the Ohio peace officer	350
training commission attesting to the person's satisfactory	351
completion of an approved police officer basic training program.	352
Every person who is appointed on a temporary basis or for a	353
probationary term or on other than a permanent basis as an Ohio	354
veterans' home police officer designated under section 5907.02 of	355
the Revised Code shall forfeit that position unless the person	356
previously has completed satisfactorily or, within one year from	357
the time of appointment, satisfactorily completes an approved	358
police officer basic training program.	359

(D) No bailiff or deputy bailiff of a court of record of	360
this state and no criminal investigator who is employed by the	361
state public defender shall carry a firearm, as defined in section	362
2923.11 of the Revised Code, while on duty unless the bailiff,	363
deputy bailiff, or criminal investigator has done or received one	364
of the following:	365

(1) Has been awarded a certificate by the executive director	366
of the Ohio peace officer training commission, which certificate	367
attests to satisfactory completion of an approved state, county,	368
or municipal basic training program for bailiffs and deputy	369
bailiffs of courts of record and for criminal investigators	370
employed by the state public defender that has been recommended by	371
the Ohio peace officer training commission;	372

(2) Has successfully completed a firearms training program	373
approved by the Ohio peace officer training commission prior to	374
employment as a bailiff, deputy bailiff, or criminal investigator;	375

(3) Prior to June 6, 1986, was authorized to carry a firearm	376
by the court that employed the bailiff or deputy bailiff or, in	377
the case of a criminal investigator, by the state public defender	378
and has received training in the use of firearms that the Ohio	379
peace officer training commission determines is equivalent to the	380
training that otherwise is required by division (D) of this	381
section.	382

(E)(1) Prior to awarding anyBefore a person seeking a	383
certificate prescribed in this sectioncompletes an approved peace	384
officer basic training program, the executive director of the Ohio	385
peace officer training commission shall request the person to whom	386
the certificate is to be awarded to disclose, and the person shall	387
disclose, any previous criminal conviction of or plea of guilty of	388
that person to a felony.	389

(2) Prior to the award by the executive director of the	390
commission of anyBefore a person seeking a certificate prescribed	391
in this sectioncompletes an approved peace officer basic training	392
program, the prospective employer of the person to whom the	393
certificate is to be awarded or the commander of the peace officer	394
training school attended by that personexecutive director shall	395
request the bureau of criminal identification and investigation to	396
conduct a criminal history records check on the person. UponThe	397
executive director shall submit the person's fingerprints to the	398
bureau of criminal identification and investigation, which shall	399
submit the fingerprints to the federal bureau of investigation for	400
a national criminal history records check.	401

Upon receipt of the executive director's request, the bureau	402
promptlyof criminal identification and investigation and the	403
federal bureau of investigation shall conduct a criminal history	404
records check on the person and, upon completion of the check,	405
promptly shall provide a copy of the criminal history records	406
check to the prospective employer or peace officer training school	407
commander that made the request. Upon receipt of the copy of the	408
criminal history records check from the bureau, the prospective	409
employer or peace officer training school commander that made the	410
request shall submit the copy to the executive director of the	411
Ohio peace officer training commissionexecutive director. The	412
executive director shall not award any certificate prescribed in	413
this section unless the executive director has received a copy of	414
the criminal history records check on the person to whom the	415
certificate is to be awarded.	416

(3) The executive director of the commission shall not award	417
a certificate prescribed in this section to a person who has been	418
convicted of or has pleaded guilty to a felony or who fails to	419
disclose any previous criminal conviction of or plea of guilty to	420
a felony as required under division (E)(1) of this section.	421

(4) The executive director of the commission shall revoke	422
the certificate awarded to a person as prescribed in this section,	423
and that person shall forfeit all of the benefits derived from	424
being certified as a peace officer under this section, if the	425
person, prior to the award of the certificatebefore completion of	426
an approved peace officer basic training program, failed to	427
disclose any previous criminal conviction of or plea of guilty to	428
a felony as required under division (E)(1) of this section.	429

(F)(1) Regardless of whether the person has been awarded the	430
certificate or has been classified as a peace officer prior to,	431
on, or after October 16, 1996, the executive director of the Ohio	432
peace officer training commission shall revoke any certificate	433
that has been awarded to a person as prescribed in this section if	434
the person does either of the following:	435

(a) Pleads guilty to a felony committed on or after January	436
1, 1997.;	437

(b) Pleads guilty to a misdemeanor committed on or after	438
January 1, 1997, pursuant to a negotiated plea agreement as	439
provided in division (D) of section 2929.29 of the Revised Code in	440
which the person agrees to surrender the certificate awarded to	441
the person under this section.	442

(2) The executive director of the commission shall suspend	443
any certificate that has been awarded to a person as prescribed in	444
this section if the person is convicted, after trial, of a felony	445
committed on or after January 1, 1997. The executive director	446
shall suspend the certificate pursuant to division (F)(2) of this	447
section pending the outcome of an appeal by the person from that	448
conviction to the highest court to which the appeal is taken or	449
until the expiration of the period in which an appeal is required	450
to be filed. If the person files an appeal that results in that	451
person's acquittal of the felony or conviction of a misdemeanor,	452
or in the dismissal of the felony charge against that person, the	453
executive director shall reinstate the certificate awarded to the	454
person under this section. If the person files an appeal from	455
that person's conviction of the felony and the conviction is	456
upheld by the highest court to which the appeal is taken or if the	457
person does not file a timely appeal, the executive director shall	458
revoke the certificate awarded to the person under this section.	459

(G)(1) If a person is awarded a certificate under this	460
section and the certificate is revoked pursuant to division (E)(4)	461
or (F) of this section, the person shall not be eligible to	462
receive, at any time, a certificate attesting to the person's	463
satisfactory completion of a peace officer basic training program.	464

(2) The revocation or suspension of a certificate under	465
division (E)(4) or (F) of this section shall be in accordance with	466
Chapter 119. of the Revised Code.	467

(H)(1) A person who was employed as a peace officer of a	468
county, township, or municipal corporation of the state on January	469
1, 1966, and who has completed at least sixteen years of full-time	470
active service as such a peace officer may receive an original	471
appointment on a permanent basis and serve as a peace officer of a	472
county, township, or municipal corporation, or as a state	473
university law enforcement officer, without complying with the	474
requirements of division (B) of this section.	475

(2) Any person who held an appointment as a state highway	476
trooper on January 1, 1966, may receive an original appointment on	477
a permanent basis and serve as a peace officer of a county,	478
township, or municipal corporation, or as a state university law	479
enforcement officer, without complying with the requirements of	480
division (B) of this section.	481

(I) No person who is appointed as a peace officer of a	482
county, township, or municipal corporation on or after April 9,	483
1985, shall serve as a peace officer of that county, township, or	484
municipal corporation unless the person has received training in	485
the handling of missing children and child abuse and neglect cases	486
from an approved state, county, township, or municipal police	487
officer basic training program or receives the training within the	488
time prescribed by rules adopted by the attorney general pursuant	489
to section 109.741 of the Revised Code.	490

(J) No part of any approved state, county, or municipal	491
basic training program for bailiffs and deputy bailiffs of courts	492
of record and no part of any approved state, county, or municipal	493
basic training program for criminal investigators employed by the	494
state public defender shall be used as credit toward the	495
completion by a peace officer of any part of the approved state,	496
county, or municipal peace officer basic training program that the	497
peace officer is required by this section to complete	498
satisfactorily.	499

(K) This section does not apply to any member of the police	500
department of a municipal corporation in an adjoining state	501
serving in this state under a contract pursuant to section 737.04	502
of the Revised Code.	503

Sec. 109.801.  (A)(1) Each year the following persons shall	504
complete successfully a firearms requalification program approved	505
by the executive director of the Ohio peace officer training	506
commission in accordance with rules adopted by the attorney	507
general pursuant to section 109.743 of the Revised Code: any	508
sheriff, deputy sheriff, marshal, deputy marshal, township	509
constable, chief of police or member of an organized police	510
department of a municipal corporation or township, chief of police	511
or member of a township police district police force,	512
superintendent of the state highway patrol, state highway patrol	513
trooper, or chief of police of a university or college police	514
department or state university law enforcement officer appointed	515
under section 3345.04 of the Revised Code; any parole or probation	516
officer who carries a firearm in the course of official duties;	517
any employee of the department of natural resources who is a	518
natural resources law enforcement staff officer, park officer,	519
forest officer, preserve officer, wildlife officer, or state	520
watercraft officer who carries a firearm in the course of official	521
duties; the house sergeant at arms if the house sergeant at arms	522
has arrest authority pursuant to division (E)(1) of section	523
101.311 of the Revised Code; any assistant house sergeant at arms;	524
or any employee of the department of youth services who is	525
designated pursuant to division (A)(2) of section 5139.53 of the	526
Revised Code as being authorized to carry a firearm while on duty	527
as described in that division; or a special police officer	528
employed by a municipal corporation at a municipal airport or	529
other municipal air navigation facility described in division	530
(A)(19) of section 109.71 of the Revised Code.	531

(2) No person listed in division (A)(1) of this section	532
shall carry a firearm during the course of official duties if the	533
person does not comply with division (A)(1) of this section.	534

(B) The hours that a sheriff spends attending a firearms	535
requalification program required by division (A) of this section	536
are in addition to the sixteen hours of continuing education that	537
are required by division (E) of section 311.01 of the Revised	538
Code.	539

(C) As used in this section, "firearm" has the same meaning	540
as in section 2923.11 of the Revised Code.	541

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

542

(1) "Force" means any violence, compulsion, or constraint	543
physically exerted by any means upon or against a person or thing.	544

(2) "Deadly force" means any force that carries a	545
substantial risk that it will proximately result in the death of	546
any person.	547

(3) "Physical harm to persons" means any injury, illness, or	548
other physiological impairment, regardless of its gravity or	549
duration.	550

(4) "Physical harm to property" means any tangible or	551
intangible damage to property that, in any degree, results in loss	552
to its value or interferes with its use or enjoyment. "Physical	553
harm to property" does not include wear and tear occasioned by	554
normal use.	555

(5) "Serious physical harm to persons" means any of the	556
following:	557

(a) Any mental illness or condition of such gravity as would	558
normally require hospitalization or prolonged psychiatric	559
treatment;	560

(b) Any physical harm that carries a substantial risk of	561
death;	562

(c) Any physical harm that involves some permanent	563
incapacity, whether partial or total, or that involves some	564
temporary, substantial incapacity;	565

(d) Any physical harm that involves some permanent	566
disfigurement or that involves some temporary, serious	567
disfigurement;	568

(e) Any physical harm that involves acute pain of such	569
duration as to result in substantial suffering or that involves	570
any degree of prolonged or intractable pain.	571

(6) "Serious physical harm to property" means any physical	572
harm to property that does either of the following:	573

(a) Results in substantial loss to the value of the property	574
or requires a substantial amount of time, effort, or money to	575
repair or replace;	576

(b) Temporarily prevents the use or enjoyment of the	577
property or substantially interferes with its use or enjoyment for	578
an extended period of time.	579

(7) "Risk" means a significant possibility, as contrasted	580
with a remote possibility, that a certain result may occur or that	581
certain circumstances may exist.	582

(8) "Substantial risk" means a strong possibility, as	583
contrasted with a remote or significant possibility, that a	584
certain result may occur or that certain circumstances may exist.	585

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

586

(a) A violation of section 2903.01, 2903.02, 2903.03,	587
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	588
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	589
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	590
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	591
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	592
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	593
Revised Code or felonious sexual penetration in violation of	594
former section 2907.12 of the Revised Code;	595

(b) A violation of an existing or former municipal ordinance	596
or law of this or any other state or the United States,	597
substantially equivalent to any section, division, or offense	598
listed in division (A)(9)(a) of this section;	599

(c) An offense, other than a traffic offense, under an	600
existing or former municipal ordinance or law of this or any other	601
state or the United States, committed purposely or knowingly, and	602
involving physical harm to persons or a risk of serious physical	603
harm to persons;	604

(d) A conspiracy or attempt to commit, or complicity in	605
committing, any offense under division (A)(9)(a), (b), or (c) of	606
this section.	607

(10)(a) "Property" means any property, real or personal,	608
tangible or intangible, and any interest or license in that	609
property. "Property" includes, but is not limited to, cable	610
television service, other telecommunications service,	611
telecommunications devices, information service, computers, data,	612
computer software, financial instruments associated with	613
computers, other documents associated with computers, or copies of	614
the documents, whether in machine or human readable form, trade	615
secrets, trademarks, copyrights, patents, and property protected	616
by a trademark, copyright, or patent. "Financial instruments	617
associated with computers" include, but are not limited to,	618
checks, drafts, warrants, money orders, notes of indebtedness,	619
certificates of deposit, letters of credit, bills of credit or	620
debit cards, financial transaction authorization mechanisms,	621
marketable securities, or any computer system representations of	622
any of them.	623

(b) As used in division (A)(10) of this section, "trade	624
secret" has the same meaning as in section 1333.61 of the Revised	625
Code, and "telecommunications service" and "information service"	626
have the same meanings as in section 2913.01 of the Revised Code.	627

(c) As used in divisions (A)(10) and (13) of this section,	628
"cable television service," "computer," "computer software,"	629
"computer system," "computer network," "data," and	630
"telecommunications device" have the same meanings as in section	631
2913.01 of the Revised Code.	632

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

633

(a) A sheriff, deputy sheriff, constable, police officer of	634
a township or joint township police district, marshal, deputy	635
marshal, municipal police officer, member of a police force	636
employed by a metropolitan housing authority under division (D) of	637
section 3735.31 of the Revised Code, or state highway patrol	638
trooper;	639

(b) An officer, agent, or employee of the state or any of	640
its agencies, instrumentalities, or political subdivisions, upon	641
whom, by statute, a duty to conserve the peace or to enforce all	642
or certain laws is imposed and the authority to arrest violators	643
is conferred, within the limits of that statutory duty and	644
authority;	645

(c) A mayor, in the mayor's capacity as chief conservator of	646
the peace within the mayor's municipal corporation;	647

(d) A member of an auxiliary police force organized by	648
county, township, or municipal law enforcement authorities, within	649
the scope of the member's appointment or commission;	650

(e) A person lawfully called pursuant to section 311.07 of	651
the Revised Code to aid a sheriff in keeping the peace, for the	652
purposes and during the time when the person is called;	653

(f) A person appointed by a mayor pursuant to section 737.01	654
of the Revised Code as a special patrolling officer during riot or	655
emergency, for the purposes and during the time when the person is	656
appointed;	657

(g) A member of the organized militia of this state or the	658
armed forces of the United States, lawfully called to duty to aid	659
civil authorities in keeping the peace or protect against domestic	660
violence;	661

(h) A prosecuting attorney, assistant prosecuting attorney,	662
secret service officer, or municipal prosecutor;	663

(i) An Ohio veterans' home police officer appointed under	664
section 5907.02 of the Revised Code;	665

(j) A member of a police force employed by a regional	666
transit authority under division (Y) of section 306.35 of the	667
Revised Code;	668

(k) A special police officer employed by a port authority	669
under section 4582.04 or 4582.28 of the Revised Code;	670

(l) The house sergeant at arms if the house sergeant at arms	671
has arrest authority pursuant to division (E)(1) of section	672
101.311 of the Revised Code and an assistant house sergeant at	673
arms;	674

(m) A special police officer employed by a municipal	675
corporation at a municipal airport, or other municipal air	676
navigation facility, that has scheduled operations, as defined in	677
section 119.3 of Title 14 of the Code of Federal Regulations, 14	678
C.F.R. 119.3, as amended, and that is required to be under a	679
security program and is governed by aviation security rules of the	680
transportation security administration of the United States	681
department of transportation as provided in Parts 1542. and 1544.	682
of Title 49 of the Code of Federal Regulations, as amended.	683

(12) "Privilege" means an immunity, license, or right	684
conferred by law, bestowed by express or implied grant, arising	685
out of status, position, office, or relationship, or growing out	686
of necessity.	687

(13) "Contraband" means any property described in the	688
following categories:	689

(a) Property that in and of itself is unlawful for a person	690
to acquire or possess;	691

(b) Property that is not in and of itself unlawful for a	692
person to acquire or possess, but that has been determined by a	693
court of this state, in accordance with law, to be contraband	694
because of its use in an unlawful activity or manner, of its	695
nature, or of the circumstances of the person who acquires or	696
possesses it, including, but not limited to, goods and personal	697
property described in division (D) of section 2913.34 of the	698
Revised Code;	699

(c) Property that is specifically stated to be contraband by	700
a section of the Revised Code or by an ordinance, regulation, or	701
resolution;	702

(d) Property that is forfeitable pursuant to a section of	703
the Revised Code, or an ordinance, regulation, or resolution,	704
including, but not limited to, forfeitable firearms, dangerous	705
ordnance, obscene materials, and goods and personal property	706
described in division (D) of section 2913.34 of the Revised Code;	707

(e) Any controlled substance, as defined in section 3719.01	708
of the Revised Code, or any device, paraphernalia, money as	709
defined in section 1301.01 of the Revised Code, or other means of	710
exchange that has been, is being, or is intended to be used in an	711
attempt or conspiracy to violate, or in a violation of, Chapter	712
2925. or 3719. of the Revised Code;	713

(f) Any gambling device, paraphernalia, money as defined in	714
section 1301.01 of the Revised Code, or other means of exchange	715
that has been, is being, or is intended to be used in an attempt	716
or conspiracy to violate, or in the violation of, Chapter 2915. of	717
the Revised Code;	718

(g) Any equipment, machine, device, apparatus, vehicle,	719
vessel, container, liquid, or substance that has been, is being,	720
or is intended to be used in an attempt or conspiracy to violate,	721
or in the violation of, any law of this state relating to alcohol	722
or tobacco;	723

(h) Any personal property that has been, is being, or is	724
intended to be used in an attempt or conspiracy to commit, or in	725
the commission of, any offense or in the transportation of the	726
fruits of any offense;	727

(i) Any property that is acquired through the sale or other	728
transfer of contraband or through the proceeds of contraband,	729
other than by a court or a law enforcement agency acting within	730
the scope of its duties;	731

(j) Any computer, computer system, computer network,	732
computer software, or other telecommunications device that is used	733
in a conspiracy to commit, an attempt to commit, or the commission	734
of any offense, if the owner of the computer, computer system,	735
computer network, computer software, or other telecommunications	736
device is convicted of or pleads guilty to the offense in which it	737
is used;	738

(k) Any property that is material support or resources and	739
that has been, is being, or is intended to be used in an attempt	740
or conspiracy to violate, or in the violation of, section 2909.22,	741
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of	742
the Revised Code when the offense or act committed by the person	743
aided or to be aided as described in that section is an act of	744
terrorism. As used in division (A)(13)(k) of this section,	745
"material support or resources" and "act of terrorism" have the	746
same meanings as in section 2909.21 of the Revised Code.	747

(14) A person is "not guilty by reason of insanity" relative	748
to a charge of an offense only if the person proves, in the manner	749
specified in section 2901.05 of the Revised Code, that at the time	750
of the commission of the offense, the person did not know, as a	751
result of a severe mental disease or defect, the wrongfulness of	752
the person's acts.	753

(B)(1)(a) Subject to division (B)(2) of this section, as	754
used in any section contained in Title XXIX of the Revised Code	755
that sets forth a criminal offense, "person" includes all of the	756
following:	757

(i) An individual, corporation, business trust, estate,	758
trust, partnership, and association;	759

(ii) An unborn human who is viable.

760

(b) As used in any section contained in Title XXIX of the	761
Revised Code that does not set forth a criminal offense, "person"	762
includes an individual, corporation, business trust, estate,	763
trust, partnership, and association.	764

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

765

(i) "Unborn human" means an individual organism of the	766
species Homo sapiens from fertilization until live birth.	767

(ii) "Viable" means the stage of development of a human	768
fetus at which there is a realistic possibility of maintaining and	769
nourishing of a life outside the womb with or without temporary	770
artificial life-sustaining support.	771

(2) Notwithstanding division (B)(1)(a) of this section, in	772
no case shall the portion of the definition of the term "person"	773
that is set forth in division (B)(1)(a)(ii) of this section be	774
applied or construed in any section contained in Title XXIX of the	775
Revised Code that sets forth a criminal offense in any of the	776
following manners:	777

(a) Except as otherwise provided in division (B)(2)(a) of	778
this section, in a manner so that the offense prohibits or is	779
construed as prohibiting any pregnant woman or her physician from	780
performing an abortion with the consent of the pregnant woman,	781
with the consent of the pregnant woman implied by law in a medical	782
emergency, or with the approval of one otherwise authorized by law	783
to consent to medical treatment on behalf of the pregnant woman.	784
An abortion that violates the conditions described in the	785
immediately preceding sentence may be punished as a violation of	786
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	787
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	788
of the Revised Code, as applicable. An abortion that does not	789
violate the conditions described in the second immediately	790
preceding sentence, but that does violate section 2919.12,	791
division (B) of section 2919.13, or section 2919.151, 2919.17, or	792
2919.18 of the Revised Code, may be punished as a violation of	793
section 2919.12, division (B) of section 2919.13, or section	794
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	795
Consent is sufficient under this division if it is of the type	796
otherwise adequate to permit medical treatment to the pregnant	797
woman, even if it does not comply with section 2919.12 of the	798
Revised Code.	799

(b) In a manner so that the offense is applied or is	800
construed as applying to a woman based on an act or omission of	801
the woman that occurs while she is or was pregnant and that	802
results in any of the following:	803

(i) Her delivery of a stillborn baby;

804

(ii) Her causing, in any other manner, the death in utero of	805
a viable, unborn human that she is carrying;	806

(iii) Her causing the death of her child who is born alive	807
but who dies from one or more injuries that are sustained while	808
the child is a viable, unborn human;	809

(iv) Her causing her child who is born alive to sustain one	810
or more injuries while the child is a viable, unborn human;	811

(v) Her causing, threatening to cause, or attempting to	812
cause, in any other manner, an injury, illness, or other	813
physiological impairment, regardless of its duration or gravity,	814
or a mental illness or condition, regardless of its duration or	815
gravity, to a viable, unborn human that she is carrying.	816

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

817

(1) "School safety zone" consists of a school, school	818
building, school premises, school activity, and school bus.	819

(2) "School," "school building," and "school premises" have	820
the same meanings as in section 2925.01 of the Revised Code.	821

(3) "School activity" means any activity held under the	822
auspices of a board of education of a city, local, exempted	823
village, joint vocational, or cooperative education school	824
district, a governing board of an educational service center, or	825
the governing body of a school for which the state board of	826
education prescribes minimum standards under section 3301.07 of	827
the Revised Code.	828

(4) "School bus" has the same meaning as in section 4511.01	829
of the Revised Code.	830

Sec. 2935.01.  As used in this chapter:

831

(A) "Magistrate" has the same meaning as in section 2931.01	832
of the Revised Code.	833

(B) "Peace officer" includes, except as provided in section	834
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	835
deputy marshal; member of the organized police department of any	836
municipal corporation, including a member of the organized police	837
department of a municipal corporation in an adjoining state	838
serving in Ohio under a contract pursuant to section 737.04 of the	839
Revised Code; member of a police force employed by a metropolitan	840
housing authority under division (D) of section 3735.31 of the	841
Revised Code; member of a police force employed by a regional	842
transit authority under division (Y) of section 306.05 of the	843
Revised Code; state university law enforcement officer appointed	844
under section 3345.04 of the Revised Code; enforcement agent of	845
the department of public safety designated under section 5502.14	846
of the Revised Code; employee of the department of taxation to	847
whom investigation powers have been delegated under section	848
5743.45 of the Revised Code; employee of the department of natural	849
resources who is a natural resources law enforcement staff officer	850
designated pursuant to section 1501.013 of the Revised Code, a	851
forest officer designated pursuant to section 1503.29 of the	852
Revised Code, a preserve officer designated pursuant to section	853
1517.10 of the Revised Code, a wildlife officer designated	854
pursuant to section 1531.13 of the Revised Code, a park officer	855
designated pursuant to section 1541.10 of the Revised Code, or a	856
state watercraft officer designated pursuant to section 1547.521	857
of the Revised Code; individual designated to perform law	858
enforcement duties under section 511.232, 1545.13, or 6101.75 of	859
the Revised Code; Ohio veterans' home police officer appointed	860
under section 5907.02 of the Revised Code; special police officer	861
employed by a port authority under section 4582.04 or 4582.28 of	862
the Revised Code; police constable of any township; police	863
officer of a township or joint township police district; a special	864
police officer employed by a municipal corporation at a municipal	865
airport, or other municipal air navigation facility, that has	866
scheduled operations, as defined in section 119.3 of Title 14 of	867
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	868
that is required to be under a security program and is governed by	869
aviation security rules of the transportation security	870
administration of the United States department of transportation	871
as provided in Parts 1542. and 1544. of Title 49 of the Code of	872
Federal Regulations, as amended; the house sergeant at arms if the	873
house sergeant at arms has arrest authority pursuant to division	874
(E)(1) of section 101.311 of the Revised Code; and an assistant	875
house sergeant at arms; officer or employee of the bureau of	876
criminal identification and investigation established pursuant to	877
section 109.51 of the Revised Code who has been awarded a	878
certificate by the executive director of the Ohio peace officer	879
training commission attesting to the officer's or employee's	880
satisfactory completion of an approved state, county, municipal,	881
or department of natural resources peace officer basic training	882
program and who is providing assistance upon request to a law	883
enforcement officer or emergency assistance to a peace officer	884
pursuant to section 109.54 or 109.541 of the Revised Code; and,	885
for the purpose of arrests within those areas, and for the	886
purposes of Chapter 5503. of the Revised Code, and the filing of	887
and service of process relating to those offenses witnessed or	888
investigated by them, includes the superintendent and troopers of	889
the state highway patrol.	890

(C) "Prosecutor" includes the county prosecuting attorney	891
and any assistant prosecutor designated to assist the county	892
prosecuting attorney, and, in the case of courts inferior to	893
courts of common pleas, includes the village solicitor, city	894
director of law, or similar chief legal officer of a municipal	895
corporation, any such officer's assistants, or any attorney	896
designated by the prosecuting attorney of the county to appear for	897
the prosecution of a given case.	898

(D) "Offense," except where the context specifically	899
indicates otherwise, includes felonies, misdemeanors, and	900
violations of ordinances of municipal corporations and other	901
public bodies authorized by law to adopt penal regulations.	902

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	903
deputy marshal, municipal police officer, township constable,	904
police officer of a township or joint township police district,	905
member of a police force employed by a metropolitan housing	906
authority under division (D) of section 3735.31 of the Revised	907
Code, member of a police force employed by a regional transit	908
authority under division (Y) of section 306.35 of the Revised	909
Code, state university law enforcement officer appointed under	910
section 3345.04 of the Revised Code, Ohio veterans' home police	911
officer appointed under section 5907.02 of the Revised Code, or	912
special police officer employed by a port authority under section	913
4582.04 or 4582.28 of the Revised Code, or a special police	914
officer employed by a municipal corporation at a municipal	915
airport, or other municipal air navigation facility, that has	916
scheduled operations, as defined in section 119.3 of Title 14 of	917
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	918
that is required to be under a security program and is governed by	919
aviation security rules of the transportation security	920
administration of the United States department of transportation	921
as provided in Parts 1542. and 1544. of Title 49 of the Code of	922
Federal Regulations, as amended, shall arrest and detain, until a	923
warrant can be obtained, a person found violating, within the	924
limits of the political subdivision, metropolitan housing	925
authority housing project, regional transit authority facilities	926
or areas of a municipal corporation that have been agreed to by a	927
regional transit authority and a municipal corporation located	928
within its territorial jurisdiction, college, university, Ohio	929
veterans' home, or port authority, or municipal airport or other	930
municipal air navigation facility, in which the peace officer is	931
appointed, employed, or elected, a law of this state, an ordinance	932
of a municipal corporation, or a resolution of a township.	933

(2) A peace officer of the department of natural resources	934
or an individual designated to perform law enforcement duties	935
under section 511.232, 1545.13, or 6101.75 of the Revised Code	936
shall arrest and detain, until a warrant can be obtained, a person	937
found violating, within the limits of the peace officer's or	938
individual's territorial jurisdiction, a law of this state.	939

(3) The house sergeant at arms if the house sergeant at arms	940
has arrest authority pursuant to division (E)(1) of section	941
101.311 of the Revised Code and an assistant house sergeant at	942
arms shall arrest and detain, until a warrant can be obtained, a	943
person found violating, within the limits of the sergeant at arm's	944
arms's or assistant sergeant at arm'sarms's territorial	945
jurisdiction specified in division (D)(1)(a) of section 101.311 of	946
the Revised Code or while providing security pursuant to division	947
(D)(1)(f) of section 101.311 of the Revised Code, a law of this	948
state, an ordinance of a municipal corporation, or a resolution of	949
a township.	950

(B)(1) When there is reasonable ground to believe that an	951
offense of violence, the offense of criminal child enticement as	952
defined in section 2905.05 of the Revised Code, the offense of	953
public indecency as defined in section 2907.09 of the Revised	954
Code, the offense of domestic violence as defined in section	955
2919.25 of the Revised Code, the offense of violating a protection	956
order as defined in section 2919.27 of the Revised Code, the	957
offense of menacing by stalking as defined in section 2903.211 of	958
the Revised Code, the offense of aggravated trespass as defined in	959
section 2911.211 of the Revised Code, a theft offense as defined	960
in section 2913.01 of the Revised Code, or a felony drug abuse	961
offense as defined in section 2925.01 of the Revised Code, has	962
been committed within the limits of the political subdivision,	963
metropolitan housing authority housing project, regional transit	964
authority facilities or those areas of a municipal corporation	965
that have been agreed to by a regional transit authority and a	966
municipal corporation located within its territorial jurisdiction,	967
college, university, Ohio veterans' home, or port authority, or	968
municipal airport or other municipal air navigation facility, in	969
which the peace officer is appointed, employed, or elected or	970
within the limits of the territorial jurisdiction of the peace	971
officer, a peace officer described in division (A) of this section	972
may arrest and detain until a warrant can be obtained any person	973
who the peace officer has reasonable cause to believe is guilty of	974
the violation.	975

(2) For purposes of division (B)(1) of this section, the	976
execution of any of the following constitutes reasonable ground to	977
believe that the offense alleged in the statement was committed	978
and reasonable cause to believe that the person alleged in the	979
statement to have committed the offense is guilty of the	980
violation:	981

(a) A written statement by a person alleging that an alleged	982
offender has committed the offense of menacing by stalking or	983
aggravated trespass;	984

(b) A written statement by the administrator of the	985
interstate compact on mental health appointed under section	986
5119.51 of the Revised Code alleging that a person who had been	987
hospitalized, institutionalized, or confined in any facility under	988
an order made pursuant to or under authority of section 2945.37,	989
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	990
Revised Code has escaped from the facility, from confinement in a	991
vehicle for transportation to or from the facility, or from	992
supervision by an employee of the facility that is incidental to	993
hospitalization, institutionalization, or confinement in the	994
facility and that occurs outside of the facility, in violation of	995
section 2921.34 of the Revised Code;	996

(c) A written statement by the administrator of any facility	997
in which a person has been hospitalized, institutionalized, or	998
confined under an order made pursuant to or under authority of	999
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1000
2945.402 of the Revised Code alleging that the person has escaped	1001
from the facility, from confinement in a vehicle for	1002
transportation to or from the facility, or from supervision by an	1003
employee of the facility that is incidental to hospitalization,	1004
institutionalization, or confinement in the facility and that	1005
occurs outside of the facility, in violation of section 2921.34 of	1006
the Revised Code.	1007

(3)(a) For purposes of division (B)(1) of this section, a	1008
peace officer described in division (A) of this section has	1009
reasonable grounds to believe that the offense of domestic	1010
violence or the offense of violating a protection order has been	1011
committed and reasonable cause to believe that a particular person	1012
is guilty of committing the offense if any of the following	1013
occurs:	1014

(i) A person executes a written statement alleging that the	1015
person in question has committed the offense of domestic violence	1016
or the offense of violating a protection order against the person	1017
who executes the statement or against a child of the person who	1018
executes the statement.	1019

(ii) No written statement of the type described in division	1020
(B)(3)(a)(i) of this section is executed, but the peace officer,	1021
based upon the peace officer's own knowledge and observation of	1022
the facts and circumstances of the alleged incident of the offense	1023
of domestic violence or the alleged incident of the offense of	1024
violating a protection order or based upon any other information,	1025
including, but not limited to, any reasonably trustworthy	1026
information given to the peace officer by the alleged victim of	1027
the alleged incident of the offense or any witness of the alleged	1028
incident of the offense, concludes that there are reasonable	1029
grounds to believe that the offense of domestic violence or the	1030
offense of violating a protection order has been committed and	1031
reasonable cause to believe that the person in question is guilty	1032
of committing the offense.	1033

(iii) No written statement of the type described in division	1034
(B)(3)(a)(i) of this section is executed, but the peace officer	1035
witnessed the person in question commit the offense of domestic	1036
violence or the offense of violating a protection order.	1037

(b) If pursuant to division (B)(3)(a) of this section a	1038
peace officer has reasonable grounds to believe that the offense	1039
of domestic violence or the offense of violating a protection	1040
order has been committed and reasonable cause to believe that a	1041
particular person is guilty of committing the offense, it is the	1042
preferred course of action in this state that the officer arrest	1043
and detain that person pursuant to division (B)(1) of this section	1044
until a warrant can be obtained.	1045

If pursuant to division (B)(3)(a) of this section a peace	1046
officer has reasonable grounds to believe that the offense of	1047
domestic violence or the offense of violating a protection order	1048
has been committed and reasonable cause to believe that family or	1049
household members have committed the offense against each other,	1050
it is the preferred course of action in this state that the	1051
officer, pursuant to division (B)(1) of this section, arrest and	1052
detain until a warrant can be obtained the family or household	1053
member who committed the offense and whom the officer has	1054
reasonable cause to believe is the primary physical aggressor.	1055
There is no preferred course of action in this state regarding any	1056
other family or household member who committed the offense and	1057
whom the officer does not have reasonable cause to believe is the	1058
primary physical aggressor, but, pursuant to division (B)(1) of	1059
this section, the peace officer may arrest and detain until a	1060
warrant can be obtained any other family or household member who	1061
committed the offense and whom the officer does not have	1062
reasonable cause to believe is the primary physical aggressor.	1063

(c) If a peace officer described in division (A) of this	1064
section does not arrest and detain a person whom the officer has	1065
reasonable cause to believe committed the offense of domestic	1066
violence or the offense of violating a protection order when it is	1067
the preferred course of action in this state pursuant to division	1068
(B)(3)(b) of this section that the officer arrest that person, the	1069
officer shall articulate in the written report of the incident	1070
required by section 2935.032 of the Revised Code a clear statement	1071
of the officer's reasons for not arresting and detaining that	1072
person until a warrant can be obtained.	1073

(d) In determining for purposes of division (B)(3)(b) of	1074
this section which family or household member is the primary	1075
physical aggressor in a situation in which family or household	1076
members have committed the offense of domestic violence or the	1077
offense of violating a protection order against each other, a	1078
peace officer described in division (A) of this section, in	1079
addition to any other relevant circumstances, should consider all	1080
of the following:	1081

(i) Any history of domestic violence or of any other violent	1082
acts by either person involved in the alleged offense that the	1083
officer reasonably can ascertain;	1084

(ii) If violence is alleged, whether the alleged violence	1085
was caused by a person acting in self-defense;	1086

(iii) Each person's fear of physical harm, if any, resulting	1087
from the other person's threatened use of force against any person	1088
or resulting from the other person's use or history of the use of	1089
force against any person, and the reasonableness of that fear;	1090

(iv) The comparative severity of any injuries suffered by	1091
the persons involved in the alleged offense.	1092

(e)(i) A peace officer described in division (A) of this	1093
section shall not require, as a prerequisite to arresting or	1094
charging a person who has committed the offense of domestic	1095
violence or the offense of violating a protection order, that the	1096
victim of the offense specifically consent to the filing of	1097
charges against the person who has committed the offense or sign a	1098
complaint against the person who has committed the offense.	1099

(ii) If a person is arrested for or charged with committing	1100
the offense of domestic violence or the offense of violating a	1101
protection order and if the victim of the offense does not	1102
cooperate with the involved law enforcement or prosecuting	1103
authorities in the prosecution of the offense or, subsequent to	1104
the arrest or the filing of the charges, informs the involved law	1105
enforcement or prosecuting authorities that the victim does not	1106
wish the prosecution of the offense to continue or wishes to drop	1107
charges against the alleged offender relative to the offense, the	1108
involved prosecuting authorities, in determining whether to	1109
continue with the prosecution of the offense or whether to dismiss	1110
charges against the alleged offender relative to the offense and	1111
notwithstanding the victim's failure to cooperate or the victim's	1112
wishes, shall consider all facts and circumstances that are	1113
relevant to the offense, including, but not limited to, the	1114
statements and observations of the peace officers who responded to	1115
the incident that resulted in the arrest or filing of the charges	1116
and of all witnesses to that incident.	1117

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1118
this section whether to arrest a person pursuant to division	1119
(B)(1) of this section, a peace officer described in division (A)	1120
of this section shall not consider as a factor any possible	1121
shortage of cell space at the detention facility to which the	1122
person will be taken subsequent to the person's arrest or any	1123
possibility that the person's arrest might cause, contribute to,	1124
or exacerbate overcrowding at that detention facility or at any	1125
other detention facility.	1126

(g) If a peace officer described in division (A) of this	1127
section intends pursuant to divisions (B)(3)(a) to (g) of this	1128
section to arrest a person pursuant to division (B)(1) of this	1129
section and if the officer is unable to do so because the person	1130
is not present, the officer promptly shall seek a warrant for the	1131
arrest of the person.	1132

(h) If a peace officer described in division (A) of this	1133
section responds to a report of an alleged incident of the offense	1134
of domestic violence or an alleged incident of the offense of	1135
violating a protection order and if the circumstances of the	1136
incident involved the use or threatened use of a deadly weapon or	1137
any person involved in the incident brandished a deadly weapon	1138
during or in relation to the incident, the deadly weapon that was	1139
used, threatened to be used, or brandished constitutes contraband,	1140
and, to the extent possible, the officer shall seize the deadly	1141
weapon as contraband pursuant to section 2933.43 of the Revised	1142
Code. Upon the seizure of a deadly weapon pursuant to division	1143
(B)(3)(h) of this section, section 2933.43 of the Revised Code	1144
shall apply regarding the treatment and disposition of the deadly	1145
weapon. For purposes of that section, the "underlying criminal	1146
offense" that was the basis of the seizure of a deadly weapon	1147
under division (B)(3)(h) of this section and to which the deadly	1148
weapon had a relationship is any of the following that is	1149
applicable:	1150

(i) The alleged incident of the offense of domestic violence	1151
or the alleged incident of the offense of violating a protection	1152
order to which the officer who seized the deadly weapon responded;	1153

(ii) Any offense that arose out of the same facts and	1154
circumstances as the report of the alleged incident of the offense	1155
of domestic violence or the alleged incident of the offense of	1156
violating a protection order to which the officer who seized the	1157
deadly weapon responded.	1158

(4) If, in the circumstances described in divisions	1159
(B)(3)(a) to (g) of this section, a peace officer described in	1160
division (A) of this section arrests and detains a person pursuant	1161
to division (B)(1) of this section, or if, pursuant to division	1162
(B)(3)(h) of this section, a peace officer described in division	1163
(A) of this section seizes a deadly weapon, the officer, to the	1164
extent described in and in accordance with section 9.86 or 2744.03	1165
of the Revised Code, is immune in any civil action for damages for	1166
injury, death, or loss to person or property that arises from or	1167
is related to the arrest and detention or the seizure.	1168

(C) When there is reasonable ground to believe that a	1169
violation of division (A), (B), or (C) of section 4506.15 or a	1170
violation of section 4511.19 of the Revised Code has been	1171
committed by a person operating a motor vehicle subject to	1172
regulation by the public utilities commission of Ohio under Title	1173
XLIX of the Revised Code, a peace officer with authority to	1174
enforce that provision of law may stop or detain the person whom	1175
the officer has reasonable cause to believe was operating the	1176
motor vehicle in violation of the division or section and, after	1177
investigating the circumstances surrounding the operation of the	1178
vehicle, may arrest and detain the person.	1179

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1180
municipal police officer, member of a police force employed by a	1181
metropolitan housing authority under division (D) of section	1182
3735.31 of the Revised Code, member of a police force employed by	1183
a regional transit authority under division (Y) of section 306.35	1184
of the Revised Code, special police officer employed by a port	1185
authority under section 4582.04 or 4582.28 of the Revised Code,	1186
special police officer employed by a municipal corporation at a	1187
municipal airport or other municipal air navigation facility	1188
described in division (A) of this section, township constable,	1189
police officer of a township or joint township police district,	1190
state university law enforcement officer appointed under section	1191
3345.04 of the Revised Code, peace officer of the department of	1192
natural resources, individual designated to perform law	1193
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1194
the Revised Code, the house sergeant at arms if the house sergeant	1195
at arms has arrest authority pursuant to division (E)(1) of	1196
section 101.311 of the Revised Code, or an assistant house	1197
sergeant at arms is authorized by division (A) or (B) of this	1198
section to arrest and detain, within the limits of the political	1199
subdivision, metropolitan housing authority housing project,	1200
regional transit authority facilities or those areas of a	1201
municipal corporation that have been agreed to by a regional	1202
transit authority and a municipal corporation located within its	1203
territorial jurisdiction, port authority, municipal airport or	1204
other municipal air navigation facility, college, or university in	1205
which the officer is appointed, employed, or elected or within the	1206
limits of the territorial jurisdiction of the peace officer, a	1207
person until a warrant can be obtained, the peace officer, outside	1208
the limits of that territory, may pursue, arrest, and detain that	1209
person until a warrant can be obtained if all of the following	1210
apply:	1211

(1) The pursuit takes place without unreasonable delay after	1212
the offense is committed;	1213

(2) The pursuit is initiated within the limits of the	1214
political subdivision, metropolitan housing authority housing	1215
project, regional transit authority facilities or those areas of a	1216
municipal corporation that have been agreed to by a regional	1217
transit authority and a municipal corporation located within its	1218
territorial jurisdiction, port authority, municipal airport or	1219
other municipal air navigation facility, college, or university in	1220
which the peace officer is appointed, employed, or elected or	1221
within the limits of the territorial jurisdiction of the peace	1222
officer;	1223

(3) The offense involved is a felony, a misdemeanor of the	1224
first degree or a substantially equivalent municipal ordinance, a	1225
misdemeanor of the second degree or a substantially equivalent	1226
municipal ordinance, or any offense for which points are	1227
chargeable pursuant to division (G) of section 4507.021 of the	1228
Revised Code.	1229

(E) In addition to the authority granted under division (A)	1230
or (B) of this section:	1231

(1) A sheriff or deputy sheriff may arrest and detain, until	1232
a warrant can be obtained, any person found violating section	1233
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1234
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1235
portion of any street or highway that is located immediately	1236
adjacent to the boundaries of the county in which the sheriff or	1237
deputy sheriff is elected or appointed.	1238

(2) A member of the police force of a township police	1239
district created under section 505.48 of the Revised Code, a	1240
member of the police force of a joint township police district	1241
created under section 505.481 of the Revised Code, or a township	1242
constable appointed in accordance with section 509.01 of the	1243
Revised Code, who has received a certificate from the Ohio peace	1244
officer training commission under section 109.75 of the Revised	1245
Code, may arrest and detain, until a warrant can be obtained, any	1246
person found violating any section or chapter of the Revised Code	1247
listed in division (E)(1) of this section, other than sections	1248
4513.33 and 4513.34 of the Revised Code, on the portion of any	1249
street or highway that is located immediately adjacent to the	1250
boundaries of the township police district or joint township	1251
police district, in the case of a member of a township police	1252
district or joint township police district police force, or the	1253
unincorporated territory of the township, in the case of a	1254
township constable. However, if the population of the township	1255
that created the township police district served by the member's	1256
police force, or the townships that created the joint township	1257
police district served by the member's police force, or the	1258
township that is served by the township constable, is sixty	1259
thousand or less, the member of the township police district or	1260
joint police district police force or the township constable may	1261
not make an arrest under division (E)(2) of this section on a	1262
state highway that is included as part of the interstate system.	1263

(3) A police officer or village marshal appointed, elected,	1264
or employed by a municipal corporation may arrest and detain,	1265
until a warrant can be obtained, any person found violating any	1266
section or chapter of the Revised Code listed in division (E)(1)	1267
of this section on the portion of any street or highway that is	1268
located immediately adjacent to the boundaries of the municipal	1269
corporation in which the police officer or village marshal is	1270
appointed, elected, or employed.	1271

(4) A peace officer of the department of natural resources	1272
or an individual designated to perform law enforcement duties	1273
under section 511.232, 1545.13, or 6101.75 of the Revised Code may	1274
arrest and detain, until a warrant can be obtained, any person	1275
found violating any section or chapter of the Revised Code listed	1276
in division (E)(1) of this section, other than sections 4513.33	1277
and 4513.34 of the Revised Code, on the portion of any street or	1278
highway that is located immediately adjacent to the boundaries of	1279
the lands and waters that constitute the territorial jurisdiction	1280
of the peace officer.	1281

(F)(1) A department of mental health special police officer	1282
or a department of mental retardation and developmental	1283
disabilities special police officer may arrest without a warrant	1284
and detain until a warrant can be obtained any person found	1285
committing on the premises of any institution under the	1286
jurisdiction of the particular department a misdemeanor under a	1287
law of the state.	1288

A department of mental health special police officer or a	1289
department of mental retardation and developmental disabilities	1290
special police officer may arrest without a warrant and detain	1291
until a warrant can be obtained any person who has been	1292
hospitalized, institutionalized, or confined in an institution	1293
under the jurisdiction of the particular department pursuant to or	1294
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1295
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	1296
found committing on the premises of any institution under the	1297
jurisdiction of the particular department a violation of section	1298
2921.34 of the Revised Code that involves an escape from the	1299
premises of the institution.	1300

(2)(a) If a department of mental health special police	1301
officer or a department of mental retardation and developmental	1302
disabilities special police officer finds any person who has been	1303
hospitalized, institutionalized, or confined in an institution	1304
under the jurisdiction of the particular department pursuant to or	1305
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1306
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	1307
violation of section 2921.34 of the Revised Code that involves an	1308
escape from the premises of the institution, or if there is	1309
reasonable ground to believe that a violation of section 2921.34	1310
of the Revised Code has been committed that involves an escape	1311
from the premises of an institution under the jurisdiction of the	1312
department of mental health or the department of mental	1313
retardation and developmental disabilities and if a department of	1314
mental health special police officer or a department of mental	1315
retardation and developmental disabilities special police officer	1316
has reasonable cause to believe that a particular person who has	1317
been hospitalized, institutionalized, or confined in the	1318
institution pursuant to or under authority of section 2945.37,	1319
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1320
Revised Code is guilty of the violation, the special police	1321
officer, outside of the premises of the institution, may pursue,	1322
arrest, and detain that person for that violation of section	1323
2921.34 of the Revised Code, until a warrant can be obtained, if	1324
both of the following apply:	1325

(i) The pursuit takes place without unreasonable delay after	1326
the offense is committed;	1327

(ii) The pursuit is initiated within the premises of the	1328
institution from which the violation of section 2921.34 of the	1329
Revised Code occurred.	1330

(b) For purposes of division (F)(2)(a) of this section, the	1331
execution of a written statement by the administrator of the	1332
institution in which a person had been hospitalized,	1333
institutionalized, or confined pursuant to or under authority of	1334
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1335
2945.402 of the Revised Code alleging that the person has escaped	1336
from the premises of the institution in violation of section	1337
2921.34 of the Revised Code constitutes reasonable ground to	1338
believe that the violation was committed and reasonable cause to	1339
believe that the person alleged in the statement to have committed	1340
the offense is guilty of the violation.	1341

(G) As used in this section:

1342

(1) A "department of mental health special police officer"	1343
means a special police officer of the department of mental health	1344
designated under section 5119.14 of the Revised Code who is	1345
certified by the Ohio peace officer training commission under	1346
section 109.77 of the Revised Code as having successfully	1347
completed an approved peace officer basic training program.	1348

(2) A "department of mental retardation and developmental	1349
disabilities special police officer" means a special police	1350
officer of the department of mental retardation and developmental	1351
disabilities designated under section 5123.13 of the Revised Code	1352
who is certified by the Ohio peace officer training council under	1353
section 109.77 of the Revised Code as having successfully	1354
completed an approved peace officer basic training program.	1355

(3) "Deadly weapon" has the same meaning as in section	1356
2923.11 of the Revised Code.	1357

(4) "Family or household member" has the same meaning as in	1358
section 2919.25 of the Revised Code.	1359

(5) "Street" or "highway" has the same meaning as in section	1360
4511.01 of the Revised Code.	1361

(6) "Interstate system" has the same meaning as in section	1362
5516.01 of the Revised Code.	1363

(7) "Peace officer of the department of natural resources"	1364
means an employee of the department of natural resources who is a	1365
natural resources law enforcement staff officer designated	1366
pursuant to section 1501.013, a forest officer designated pursuant	1367
to section 1503.29, a preserve officer designated pursuant to	1368
section 1517.10, a wildlife officer designated pursuant to section	1369
1531.13, a park officer designated pursuant to section 1541.10, or	1370
a state watercraft officer designated pursuant to section 1547.521	1371
of the Revised Code.	1372

Section 2. That existing sections 109.71, 109.75, 109.77,	1373
109.801, 2901.01, 2935.01, and 2935.03 of the Revised Code are	1374
hereby repealed.	1375

Section 3.  Section 109.71 of the Revised Code is presented	1376
in this act as a composite of the section as amended by both Am.	1377
Sub. H.B. 163 and Am. S.B. 137 of the 123rd General Assembly.	1378
Section 109.75 of the Revised Code is presented in this act as a	1379
composite of the section as amended by both Am. Sub. H.B. 566 and	1380
Sub. H.B. 670 of the 121st General Assembly. Section 109.77 of the	1381
Revised Code is presented in this act as a composite of the	1382
section as amended by Sub. H.B. 148, Am. Sub. H.B. 163, and Am.	1383
S.B. 137 of the 123rd General Assembly. Section 2935.01 of the	1384
Revised Code is presented in this act as a composite of the	1385
section as amended by both Sub. H.B. 427 and Sub. S.B. 200 of the	1386
124th General Assembly. The General Assembly, applying the	1387
principle stated in division (B) of section 1.52 of the Revised	1388
Code that amendments are to be harmonized if reasonably capable of	1389
simultaneous operation, finds that the composites of these	1390
sections are the resulting versions of the sections in effect	1391
prior to the effective date of the sections as presented in this	1392
act.	1393

Section 4. (A) The Governor is hereby authorized to execute a	1394
deed in the name of the state conveying to the Kirkwood Cemetery	1395
Association, and its successors and assigns, all of the state's	1396
right, title, and interest in the following described real estate:	1397

Parcel 1

1398

Being situated in Virginia Military Survey No. 4513, Union	1399
Township, Madison County, State of Ohio and being part of that	1400
land of record in Deed Volume 265 Page 215 in the Madison County	1401
Recorder's Office and being more particularly described as	1402
follows;	1403

Beginning for reference at a pk nail set in the centerline	1404
intersection of State Route 42 and Roberts Mill Road; Thence North	1405
04 degrees 20 minutes 53 seconds East along the centerline of	1406
Roberts Mill Road a distance of 1843.08 feet to a pk nail set;	1407
thence South 85 degrees 21 minutes 05 seconds East a distance of	1408
2577.87 feet to a 5/8 inch iron pin set and being the true placing	1409
of beginning;	1410

Thence from the true place of beginning North 09 degrees 21	1411
minutes 05 seconds East a distance of 352.25 feet to a 5/8 inch	1412
iron pin set;	1413

Thence North 04 degrees 25 minutes 28 seconds East a distance	1414
of 300.00 feet to a 5/8 inch iron pin set;	1415

Thence North 27 degrees 20 minutes 10 seconds West a distance	1416
of 474.26 feet to an iron pipe found;	1417

Thence South 87 degrees 47 minutes 59 seconds East along the	1418
southerly boundary of the State of Ohio (O.R. 90 P. 213) a	1419
distance of 339.90 feet to a 5/8 inch iron pin set;	1420

Thence South 04 degrees 25 minutes 28 seconds West along the	1421
westerly boundary of the Kirkwood Cemetery a distance of 1066.43	1422
feet to a 5/8 inch iron pin set;	1423

Thence North 86 degrees 01 minutes 38 seconds West along a	1424
boundary of the Kirkwood Cemetery a distance of 120.26 feet to the	1425
place of beginning-containing 3.506 acres, more or less.	1426

Being subject to all legal right-of-ways and easements.

1427

All pins set for this survey are 5/8 inch by 30 inch iron	1428
pins with plastic caps stamped "Vance 6553".	1429

The above description was prepared from a survey completed in	1430
August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553.	1431

(B) Consideration for the conveyance of the real estate	1432
described in division (A) of this section is the conveyance from	1433
the Kirkwood Cemetery Association to the state (Attorney General	1434
of Ohio, Ohio Peace Officer Training Academy), and its successors	1435
and assigns, the following described real estate:	1436

Being situated in Virginia Military Survey No. 4513, Union	1437
Township, Madison County, State of Ohio and being part of that	1438
land of Kirkwood Cemetery of record in Deed Volume 35 Page 73 in	1439
the Madison County Recorder's Office and being more particularly	1440
described as follows;	1441

Beginning for reference at a pk nail set in the centerline	1442
intersection of State Route 42 and Roberts Mill Road; Thence North	1443
04 degrees 20 minutes 53 seconds East along the centerline of	1444
Roberts Mill Road a distance of 1843.08 feet to a pk nail set;	1445
thence South 85 degrees 21 minutes 05 seconds East a distance of	1446
2552.87 feet to a 5/8 inch iron pin set and being the true place	1447
of beginning;	1448

Thence from the true place of beginning South 85 degrees 21	1449
minutes 05 seconds East a distance of 25.00 feet to a 5/8 inch	1450
iron pin set;	1451

Thence South 05 degrees 02 minutes 50 seconds West a distance	1452
of 576.10 feet to a 5/8 inch iron pin set;	1453

Thence South 53 degrees 14 minutes 24 seconds East a distance	1454
of 72.27 feet (passing over a 5/8 inch iron pin set at 37.27 feet)	1455
to a point in the centerline of State Route 42;	1456

Thence South 69 degrees 34 minutes 00 seconds West along the	1457
centerline of State Route 42 a distance of 79.06 feet to a point;	1458

Thence North 03 degrees 42 minutes 41 seconds East a distance	1459
of 647.81 feet (passing over a 5/8 inch iron pin set at 49.31	1460
feet) to the place of beginning, containing 0.306 acres, more or	1461
less.	1462

Being subject to all legal right-of-ways and easements.

1463

All pins set are 5/8 inch by 30 inch iron pins with plastic	1464
caps stamped "Vance 6553".	1465

The above description was prepared from a survey completed in	1466
August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553.	1467

(C) The state shall pay the costs of the conveyances	1468
described in divisions (A) and (B) of this section.	1469

(D) Upon the conveyance to the state of the real estate	1470
described in division (B) of this section, the Auditor of State,	1471
with the assistance of the Attorney General, shall prepare a deed	1472
to the real estate described in division (A) of this section. The	1473
deed shall state the consideration. The deed shall be executed by	1474
the Governor in the name of the state, countersigned by the	1475
Secretary of State, sealed with the Great Seal of the State,	1476
presented in the Office of the Auditor of State for recording, and	1477
delivered to the Kirkwood Cemetery Association. The Kirkwood	1478
Cemetery Association shall present the deed for recording in the	1479
Office of the Madison County Recorder.	1480

(E) This section shall expire one year after its effective	1481
date.	1482