As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 374

Representatives Hughes, Latta, Webster, Allen, Flowers, Uecker, Evans, D., McGregor, J., Skindell, Brown, Fende, Sayre, Combs, Otterman, Ujvagi, Wagoner, Yuko, Chandler, Barrett, Strahorn 

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A BILL

To amend sections 2917.46, 3313.206, 5502.61, and

1

5502.62 and to repeal section 3301.076 of the

2

Revised Code to abolish the children's safety

3

program known as the Block Parent Program in the

4

State Board of Education, to establish in its

5

place the McGruff House Program in the Division of

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Criminal Justice Services of the Department of

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Public Safety, and to create the offense of

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unauthorized use of a McGruff house symbol.

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

Section 1.  That sections 2917.46, 3313.206, 5502.61, and	10
5502.62 of the Revised Code be amended to read as follows:	11

Sec. 2917.46.  (A) No person shall, with intent to identify a	12
building as a block parent home or building, display the block	13
parent symbol adopted by the state board of education pursuant to	14
former section 3301.076 of the Revised Code unless authorized in	15
accordance with that section or section 3313.206 of the Revised	16
Codeprior to its repeal on the effective date of this amendment.	17

(B) No person shall, with intent to identify a building as a	18
block parent home or building, display a symbol that falsely gives	19
the appearance of being the block parent symbol adopted by the	20
state board of education pursuant to former section 3301.076 of	21
the Revised Code prior to its repeal on the effective date of this	22
amendment.	23

(C) No person, with intent to identify a home or building as	24
a mcgruff house program home or building, shall display the	25
mcgruff house symbol adopted by the division of criminal justice	26
services in the state department of public safety pursuant to	27
section 5502.62 of the Revised Code unless authorized in	28
accordance with that section, any rule adopted pursuant to that	29
section, or section 3313.206 of the Revised Code.	30

(D) No person, with intent to identify a home or building as	31
a mcgruff house program home or building, shall display a symbol	32
that falsely gives the appearance of being the mcgruff house	33
symbol adopted by the division of criminal justice services in the	34
state department of public safety pursuant to section 5502.62 of	35
the Revised Code or any rule adopted pursuant to that section.	36

(E)(1) Whoever violates division (A) or (B) of this section	37
is guilty of unauthorized use of a block parent symbol, a minor	38
misdemeanor.	39

(2) Whoever violates division (C) or (D) of this section is	40
guilty of unauthorized use of a mcgruff house symbol, a minor	41
misdemeanor.	42

Sec. 3313.206.  Each board of education that establishes or	43
maintains a block parentmcgruff house program shall use the block	44
parentmcgruff house symbol adopted by the division of criminal	45
justice services in the state board of educationdepartment of	46
public safety under section 3301.0765502.62 of the Revised Code	47
and instruct volunteers participating in the program to use only	48
that symbol. Each board of education that establishes a block	49
parentmcgruff house program on or after October 17, 1985July 1,	50
2007, shall do so in accordance with the rules adopted under	51
section 3301.0765502.62 of the Revised Code. Any chartered	52
nonpublic school within a school district may participate in that	53
district's block parentmcgruff house program upon furnishing a	54
written statement to the district's board of education and to the	55
division of criminal justice services in the state board of	56
educationdepartment of public safety to the effect that the	57
nonpublic school will abide by the rules of the district's block	58
parentmcgruff house program. A chartered nonpublic school that	59
participates in a school district's block parentmcgruff house	60
program may request technical assistance from the state board	61
division of criminal justice services.	62

At the request of a board of education, law enforcement	63
authorities with jurisdiction in any of the territory of a school	64
district that maintains a block parentmcgruff house program shall	65
assist the board of education of the district or a participating	66
chartered nonpublic school in checking the criminal records of	67
individuals and families that volunteer to participate in the	68
district's block parentmcgruff house program.	69

Sec. 5502.61.  As used in sections 5502.61 to 5502.66 of the	70
Revised Code:	71

(A) "Federal criminal justice acts" means any federal law	72
that authorizes financial assistance and other forms of assistance	73
to be given by the federal government to the states to be used for	74
the improvement of the criminal and juvenile justice systems of	75
the states.	76

(B)(1) "Criminal justice system" includes all of the	77
functions of the following:	78

(a) The state highway patrol, county sheriff offices,	79
municipal and township police departments, and all other law	80
enforcement agencies;	81

(b) The courts of appeals, courts of common pleas, municipal	82
courts, county courts, and mayor's courts, when dealing with	83
criminal cases;	84

(c) The prosecuting attorneys, city directors of law, village	85
solicitors, and other prosecuting authorities when prosecuting or	86
otherwise handling criminal cases, and the county and joint county	87
public defenders and other public defender agencies or offices;	88

(d) The department of rehabilitation and correction,	89
probation departments, county and municipal jails and workhouses,	90
and any other department, agency, or facility that is concerned	91
with the rehabilitation or correction of criminal offenders;	92

(e) Any public or private agency whose purposes include the	93
prevention of crime or the diversion, adjudication, detention, or	94
rehabilitation of criminal offenders;	95

(f) Any public or private agency, the purposes of which	96
include assistance to crime victims or witnesses.	97

(2) The inclusion of any public or private agency, the	98
purposes of which include assistance to crime victims or	99
witnesses, as part of the criminal justice system pursuant to	100
division (B)(1) of this section does not limit, and shall not be	101
construed as limiting, the discretion or authority of the attorney	102
general with respect to crime victim assistance and criminal	103
justice programs.	104

(C) "Juvenile justice system" includes all of the functions	105
of the juvenile courts, the department of youth services, any	106
public or private agency whose purposes include the prevention of	107
delinquency or the diversion, adjudication, detention, or	108
rehabilitation of delinquent children, and any of the functions of	109
the criminal justice system that are applicable to children.	110

(D) "Comprehensive plan" means a document that coordinates,	111
evaluates, and otherwise assists, on an annual or multi-year	112
basis, any of the functions of the criminal and juvenile justice	113
systems of the state or a specified area of the state, that	114
conforms to the priorities of the state with respect to criminal	115
and juvenile justice systems, and that conforms with the	116
requirements of all federal criminal justice acts. These functions	117
may include, but are not limited to, any of the following:	118

(1) Crime and delinquency prevention;

119

(2) Identification, detection, apprehension, and detention of	120
persons charged with criminal offenses or delinquent acts;	121

(3) Assistance to crime victims or witnesses, except that the	122
comprehensive plan does not include the functions of the attorney	123
general pursuant to sections 109.91 and 109.92 of the Revised	124
Code;	125

(4) Adjudication or diversion of persons charged with	126
criminal offenses or delinquent acts;	127

(5) Custodial treatment of criminal offenders, delinquent	128
children, or both;	129

(6) Institutional and noninstitutional rehabilitation of	130
criminal offenders, delinquent children, or both.	131

(E) "Metropolitan county criminal justice services agency"	132
means an agency that is established pursuant to division (A) of	133
section 5502.64 of the Revised Code.	134

(F) "Administrative planning district" means a district that	135
is established pursuant to division (A) or (B) of section 5502.66	136
of the Revised Code.	137

(G) "Criminal justice coordinating council" means a criminal	138
justice services agency that is established pursuant to division	139
(D) of section 5502.66 of the Revised Code.	140

(H) "Local elected official" means any person who is a member	141
of a board of county commissioners or township trustees or of a	142
city or village council, judge of the court of common pleas, a	143
municipal court, or a county court, sheriff, county coroner,	144
prosecuting attorney, city director of law, village solicitor, or	145
mayor.	146

(I) "Juvenile justice coordinating council" means a juvenile	147
justice services agency that is established pursuant to division	148
(D) of section 5502.66 of the Revised Code.	149

(J) "Mcgruff house program" means a program in which	150
individuals or families volunteer to have their homes or other	151
buildings serve as places of temporary refuge for children and to	152
display the mcgruff house symbol identifying the home or building	153
as that type of place.	154

(K) "Mcgruff house symbol" means the symbol that is	155
characterized by the image of "mcgruff," the crime dog, and the	156
slogan "take a bite out of crime," and that has been adopted by	157
the national crime prevention council as the symbol of its	158
national citizens' crime prevention campaign.	159

(L) "Sponsoring agency" means any of the following:

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(1) The board of education of any city, local, or exempted	161
village school district;	162

(2) The governing board of any educational service center;

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(3) The governing authority of any chartered nonpublic	164
school;	165

(4) The police department of any municipal corporation,	166
township, township police district, or joint township police	167
district;	168

(5) The office of any township constable or county sheriff.

169

Sec. 5502.62.  (A) There is hereby created in the department	170
of public safety a division of criminal justice services. The	171
director of public safety, with the concurrence of the governor,	172
shall appoint an executive director of the division of criminal	173
justice services. The executive director shall be the head of the	174
division. The executive director shall serve at the pleasure of	175
the director of public safety. To carry out the duties assigned	176
under this section and to comply with sections 5502.63 to 5502.66	177
of the Revised Code, the executive director, subject to the	178
direction and control of the director of public safety, may	179
appoint and maintain any necessary staff and may enter into any	180
necessary contracts and other agreements. The executive director	181
of the division, and all professional and technical personnel	182
employed within the division who are not public employees as	183
defined in section 4117.01 of the Revised Code, shall be in the	184
unclassified civil service, and all other persons employed within	185
the division shall be in the classified civil service.	186

(B) Subject to division (F) of this section and subject to	187
divisions (D) to (F) of section 5120.09 of the Revised Code	188
insofar as those divisions relate to federal criminal justice acts	189
that the governor requires the department of rehabilitation and	190
correction to administer, the division of criminal justice	191
services shall do all of the following:	192

(1) Serve as the state criminal justice services agency and	193
perform criminal justice system planning in the state, including	194
any planning that is required by any federal law;	195

(2) Collect, analyze, and correlate information and data	196
concerning the criminal justice system in the state;	197

(3) Cooperate with and provide technical assistance to state	198
departments, administrative planning districts, metropolitan	199
county criminal justice services agencies, criminal justice	200
coordinating councils, agencies, offices, and departments of the	201
criminal justice system in the state, and other appropriate	202
organizations and persons;	203

(4) Encourage and assist agencies, offices, and departments	204
of the criminal justice system in the state and other appropriate	205
organizations and persons to solve problems that relate to the	206
duties of the division;	207

(5) Administer within the state any federal criminal justice	208
acts that the governor requires it to administer;	209

(6) Administer funds received under the "Family Violence	210
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	211
10401, as amended, with all powers necessary for the adequate	212
administration of those funds, including the authority to	213
establish a family violence prevention and services program.;	214

(7) Implement the state comprehensive plans;

215

(8) Audit grant activities of agencies, offices,	216
organizations, and persons that are financed in whole or in part	217
by funds granted through the division;	218

(9) Monitor or evaluate the performance of criminal justice	219
system projects and programs in the state that are financed in	220
whole or in part by funds granted through the division;	221

(10) Apply for, allocate, disburse, and account for grants	222
that are made available pursuant to federal criminal justice acts,	223
or made available from other federal, state, or private sources,	224
to improve the criminal justice system in the state. Except as	225
otherwise provided in this division, all money from such federal	226
grants shall, if the terms under which the money is received	227
require that the money be deposited into an interest-bearing fund	228
or account, be deposited in the state treasury to the credit of	229
the federal program purposes fund, which is hereby created. All	230
investment earnings of the federal program purposes fund shall be	231
credited to the fund. All money from such federal grants that	232
require that the money be deposited into an interest-bearing fund	233
or account, that are intended to provide funding to local criminal	234
justice programs, and that require that investment earnings be	235
distributed for program purposes shall be deposited in the state	236
treasury to the credit of the federal justice programs fund, which	237
is hereby created. All investment earnings of the federal justice	238
programs fund shall be credited to the fund and distributed in	239
accordance with the terms of the grant under which the money is	240
received.	241

(11) Contract with federal, state, and local agencies,	242
foundations, corporations, businesses, and persons when necessary	243
to carry out the duties of the division;	244

(12) Oversee the activities of metropolitan county criminal	245
justice services agencies, administrative planning districts, and	246
criminal justice coordinating councils in the state;	247

(13) Advise the director of public safety, general assembly,	248
and governor on legislation and other significant matters that	249
pertain to the improvement and reform of criminal and juvenile	250
justice systems in the state;	251

(14) Prepare and recommend legislation to the director of	252
public safety, general assembly, and governor for the improvement	253
of the criminal and juvenile justice systems in the state;	254

(15) Assist, advise, and make any reports that are requested	255
or required by the governor, director of public safety, attorney	256
general, or general assembly;	257

(16) Develop and maintain the Ohio incident-based reporting	258
system in accordance with division (C) of this section;	259

(17) Subject to the approval of the director of public	260
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	261

(18)(a) Not later than June 1, 2007, and subject to the	262
approval of the director of public safety, adopt rules for the	263
establishment and maintenance of a mcgruff house program by any	264
sponsoring agency. The rules shall include the following:	265

(i) The adoption of the mcgruff house symbol to be used	266
exclusively in all mcgruff house programs in this state;	267

(ii) The requirements for any sponsoring agency to establish	268
and maintain a mcgruff house program;	269

(iii) The criteria for the selection of volunteers to	270
participate in a mcgruff house program that shall include, but not	271
be limited to, criminal background checks of those volunteers;	272

(iv) Any other matters that the division of criminal justice	273
services considers necessary for the establishment and maintenance	274
of mcgruff house programs by sponsoring agencies and the	275
participation of volunteers in those programs.	276

(b) The division of criminal justice services shall	277
distribute materials and provide technical assistance to any	278
sponsoring agency that establishes and maintains a mcgruff house	279
program, any volunteer group or organization that provides	280
assistance to that sponsoring agency, or any volunteer who	281
participates in a mcgruff house program.	282

(C) The officedivision of criminal justice services shall	283
develop and maintain the Ohio incident-based reporting system to	284
facilitate the sharing of information with the federal bureau of	285
investigation and participating law enforcement agencies in Ohio.	286
The Ohio incident-based reporting system shall be known as OIBRS.	287
In connection with OIBRS, the officedivision shall do all of the	288
following:	289

(1) Collect and organize statistical data for reporting to	290
the national incident-based reporting system operated by the	291
federal bureau of investigation for the purpose of securing	292
federal criminal justice grants;	293

(2) Analyze and highlight mapping data for participating law	294
enforcement agencies;	295

(3) Distribute data and analyses to participating law	296
enforcement agencies;	297

(4) Encourage nonparticipating law enforcement agencies to	298
participate in OIBRS by offering demonstrations, training, and	299
technical assistance;	300

(5) Provide assistance, advice, and reports requested by the	301
governor, the general assembly, or the federal bureau of	302
investigation;	303

(6) Require every law enforcement agency that receives	304
federal criminal justice grants or state criminal justice	305
information system general revenue funds through the office	306
division to participate in OIBRS or in the uniform crime reporting	307
program of the federal bureau of investigation. An agency that	308
submits OIBRS data to the Ohio local law enforcement information	309
sharing network shall be considered to be in compliance with	310
division (C)(6) of this section if both of the following apply:	311

(a) The Ohio local law enforcement information sharing	312
network is capable of collecting OIBRS data.	313

(b) The officedivision of criminal justice services has the	314
ability to extract the OIBRS data for reporting to the national	315
incident-based reporting system in the manner required by the	316
federal bureau of investigation.	317

(D) Upon the request of the director of public safety or	318
governor, the division of criminal justice services may do any of	319
the following:	320

(1) Collect, analyze, or correlate information and data	321
concerning the juvenile justice system in the state;	322

(2) Cooperate with and provide technical assistance to state	323
departments, administrative planning districts, metropolitan	324
county criminal justice service agencies, criminal justice	325
coordinating councils, agency offices, and the departments of the	326
juvenile justice system in the state and other appropriate	327
organizations and persons;	328

(3) Encourage and assist agencies, offices, and departments	329
of the juvenile justice system in the state and other appropriate	330
organizations and persons to solve problems that relate to the	331
duties of the division.	332

(E) Divisions (B), (C), and (D) of this section do not limit	333
the discretion or authority of the attorney general with respect	334
to crime victim assistance and criminal justice programs.	335

(F) Nothing in this section is intended to diminish or alter	336
the status of the office of the attorney general as a criminal	337
justice services agency or to diminish or alter the status or	338
discourage the development and use of other law enforcement	339
information systems in Ohio.	340

Section 2.  That existing sections 2917.46, 3313.206,	341
5502.61, and 5502.62 and section 3301.076 of the Revised Code are	342
hereby repealed.	343

Section 3. (A) Sections 1 and 2 of this act, except for	344
sections 5502.61 and 5502.62 of the Revised Code, shall take	345
effect July 1, 2007.	346

(B) Sections 5502.61 and 5502.62 of the Revised Code, as	347
amended by this act, shall take effect April 1, 2007.	348

Section 4. (A) On July 1, 2007, the duty of the State Board	349
of Education to adopt rules for the establishment and maintenance	350
of a Block Parent Program and any other responsibilities of the	351
State Board of Education relating to that Program as provided in	352
section 3301.076 of the Revised Code shall cease to exist.	353

(B) On or after April 1, 2007, but not later than June 1,	354
2007, the Division of Criminal Justice Services in the Department	355
of Public Safety shall adopt rules for the establishment and	356
maintenance of a McGruff House Program pursuant to sections	357
5502.61 and 5502.62 of the Revised Code, as amended by this act.	358
The rules adopted by the Division of Criminal Justice Services	359
under this division shall take effect July 1, 2007.	360

(C)(1) Any Block Parent Program that is established,	361
sponsored, or maintained prior to July 1, 2007, under section	362
3301.076 or 3313.206 of the Revised Code or any rule adopted by	363
the State Board of Education pursuant to section 3301.076 of the	364
Revised Code and that is in existence on June 30, 2007, shall	365
cease to exist on July 1, 2007. Any chartered nonpublic school,	366
volunteer, agency, or entity that participates in that Block	367
Parent Program under section 3313.206 of the Revised Code or any	368
rule adopted by the State Board of Education pursuant to section	369
3301.076 of the Revised Code shall cease to participate in that	370
Program on July 1, 2007.	371

(2) Not later than June 30, 2007, any municipal or township	372
police department, township police district, county sheriff's	373
department, other law enforcement agency, chartered nonpublic	374
school, volunteer, or entity that is using the Block Parent symbol	375
established by the State Board of Education pursuant to section	376
3301.076 of the Revised Code or any rule adopted by the State	377
Board of Education pursuant to that section, shall cease to use	378
that symbol and shall remove the symbol or cause its removal from	379
any house or building in which it is displayed by that department,	380
district, agency, school, volunteer, or entity. Except as provided	381
in division (C)(3) of this section, the appropriate department,	382
district, agency, school, volunteer, or entity immediately shall	383
return all of the Block Parent symbols used, displayed, or	384
possessed by it to the appropriate board of education or other	385
entity that under section 3313.206 of the Revised Code or any rule	386
adopted pursuant to section 3301.076 of the Revised Code	387
established, sponsored, or maintained the Block Parent Program in	388
which the symbol was used.	389

(3) A board of education or other entity to which the Block	390
Parent symbols are returned as provided in division (C)(2) of this	391
section shall destroy all of those returned symbols and any other	392
Block Parent symbols possessed by that board or entity. If a	393
municipal or township police department, township police district,	394
county sheriff's department, other law enforcement agency,	395
chartered nonpublic school, or other entity that is using the	396
Block Parent symbol as provided in division (C)(2) of this section	397
also established or is sponsoring or maintaining the Block Parent	398
Program in which the symbol is used, that department, district,	399
agency, school, or entity shall destroy all of the Block Parent	400
symbols that are used, displayed, or possessed by it. The	401
destruction of all Block Parent symbols pursuant to this division	402
shall be made not later than July 10, 2007.	403

Section 5.  Section 181.52 (5502.62) of the Revised Code is	404
presented in this act as a composite of the section as amended by	405
both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General	406
Assembly. The General Assembly, applying the principle stated in	407
division (B) of section 1.52 of the Revised Code that amendments	408
are to be harmonized if reasonably capable of simultaneous	409
operation, finds that the composite is the resulting version of	410
the section in effect prior to the effective date of the section	411
as presented in this act.	412