As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. 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, Gilb, Seitz, Willamowski, Beatty, Book, Calvert, Cassell, Daniels, DeBose, DeGeeter, Domenick, Evans, C., Faber, Key, Law, Oelslager, Patton, T., Perry, Reidelbach, Schaffer, Schlichter, Schneider, Setzer, Smith, G., Stewart, D. 

Senators Grendell, Dann, Zurz, Kearney, Stivers, Clancy 

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A BILL

To amend sections 2917.46, 2933.41, 3313.206,

1

5502.61, and 5502.62 and to repeal section

2

3301.076 of the Revised Code to abolish the

3

children's safety program known as the Block

4

Parent Program in the State Board of Education, to

5

establish in its place the McGruff House Program

6

in the Division of Criminal Justice Services of

7

the Department of Public Safety, to create the

8

offense of unauthorized use of a McGruff house

9

symbol, and if a citizens' reward program has

10

entered into an agreement of affiliation with a

11

board of county commissioners, to permit instead

12

of require specified law enforcement agencies to

13

pay 25 per cent of the proceeds from the sale of

14

forfeited property to that citizens' reward

15

program.

16

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

Section 1.  That sections 2917.46, 2933.41, 3313.206,	17
5502.61, and 5502.62 of the Revised Code be amended to read as	18
follows:	19

Sec. 2917.46.  (A) No person shall, with intent to identify a	20
building as a block parent home or building, display the block	21
parent symbol adopted by the state board of education pursuant to	22
former section 3301.076 of the Revised Code unless authorized in	23
accordance with that section or section 3313.206 of the Revised	24
Codeprior to its repeal on the effective date of this amendment.	25

(B) No person shall, with intent to identify a building as a	26
block parent home or building, display a symbol that falsely gives	27
the appearance of being the block parent symbol adopted by the	28
state board of education pursuant to former section 3301.076 of	29
the Revised Code prior to its repeal on the effective date of this	30
amendment.	31

(C) No person, with intent to identify a home or building as	32
a mcgruff house program home or building, shall display the	33
mcgruff house symbol adopted by the division of criminal justice	34
services in the state department of public safety pursuant to	35
section 5502.62 of the Revised Code unless authorized in	36
accordance with that section, any rule adopted pursuant to that	37
section, or section 3313.206 of the Revised Code.	38

(D) No person, with intent to identify a home or building as	39
a mcgruff house program home or building, shall display a symbol	40
that falsely gives the appearance of being the mcgruff house	41
symbol adopted by the division of criminal justice services in the	42
state department of public safety pursuant to section 5502.62 of	43
the Revised Code or any rule adopted pursuant to that section.	44

(E)(1) Whoever violates division (A) or (B) of this section	45
is guilty of unauthorized use of a block parent symbol, a minor	46
misdemeanor.	47

(2) Whoever violates division (C) or (D) of this section is	48
guilty of unauthorized use of a mcgruff house symbol, a minor	49
misdemeanor.	50

Sec. 2933.41.  (A)(1) Any property, other than contraband	51
that is subject to the provisions of section 2913.34 or 2933.43 of	52
the Revised Code, other than property that is subject to section	53
3719.141 of the Revised Code, other than property that is	54
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45	55
of the Revised Code, other than a vehicle that is criminally	56
forfeited under an order issued under section 4503.233 or 4503.234	57
of the Revised Code and that is to be disposed of under section	58
4503.234 of the Revised Code, other than property that has been	59
lawfully seized under sections 2933.71 to 2933.75 of the Revised	60
Code in relation to a medicaid fraud offense, and other than	61
property that has been lawfully seized in relation to a violation	62
of section 2923.32 of the Revised Code, that has been lost,	63
abandoned, stolen, seized pursuant to a search warrant, or	64
otherwise lawfully seized or forfeited, and that is in the custody	65
of a law enforcement agency shall be kept safely pending the time	66
it no longer is needed as evidence and shall be disposed of	67
pursuant to this section. Each law enforcement agency that has	68
custody of any property that is subject to this section shall	69
adopt a written internal control policy that addresses the keeping	70
of detailed records as to the amount of property taken in by the	71
agency, that addresses the agency's disposition of the property	72
under this section, that provides for the keeping of detailed	73
records of the disposition of the property, and that provides for	74
the keeping of detailed financial records of the amount and	75
disposition of any proceeds of a sale of the property under	76
division (D)(8) of this section and of the general types of	77
expenditures made out of the proceeds retained by the agency and	78
the specific amount expended on each general type of expenditure.	79
The policy shall not provide for or permit the identification of	80
any specific expenditure that is made in an ongoing investigation.	81
The policy is a public record open for inspection under section	82
149.43 of the Revised Code.	83

(2)(a) Every law enforcement agency that has any lost,	84
abandoned, stolen, seized, or forfeited property as described in	85
division (A)(1) of this section in its custody shall comply with	86
its written internal control policy adopted under that division	87
relative to the property. Each agency that has any such property	88
in its custody, except for property to be disposed of under	89
division (D)(4) of this section, shall maintain an accurate	90
record, in accordance with its written internal control policy, of	91
each item of the property. The record shall include the date on	92
which each item of property came into the agency's custody, the	93
manner in which it was disposed of, the date of its disposition,	94
the name of the person who received the property if it was not	95
destroyed, and all other information required by the agency's	96
written internal control policy; however, the record shall not	97
identify or enable the identification of the individual officer	98
who seized any item of property. The record of any property that	99
no longer is needed as evidence, and all financial records of the	100
amount and disposition of any proceeds of a sale under division	101
(D)(8) of this section and of the general types of expenditures	102
made out of the proceeds retained by the agency and the specific	103
amount of each general type of expenditure, shall be open to	104
public inspection during the agency's regular business hours.	105

Each law enforcement agency that, during any calendar year,	106
has any seized or forfeited property as described in division	107
(A)(1) of this section in its custody shall prepare a report	108
covering the calendar year that cumulates all of the information	109
contained in all of the records kept by the agency pursuant to	110
this division for that calendar year and shall send a copy of the	111
cumulative report, no later than the first day of March in the	112
calendar year following the calendar year covered by the report,	113
to the attorney general. Each report received by the attorney	114
general is a public record open for inspection under section	115
149.43 of the Revised Code.	116

(b) Each law enforcement agency that receives in any calendar	117
year any proceeds of a sale under division (D)(8) of this section	118
shall prepare a report covering the calendar year that cumulates	119
all of the information contained in all of the public financial	120
records kept by the agency pursuant to division (D)(2)(a) of this	121
section for that calendar year and shall send a copy of the	122
cumulative report, no later than the first day of March in the	123
calendar year following the calendar year covered by the report,	124
to the attorney general. Each report received by the attorney	125
general is a public record open for inspection under section	126
149.43 of the Revised Code.	127

(c) Not later than the fifteenth day of April in the calendar	128
year in which reports are sent to the attorney general under	129
divisions (A)(2)(a) and (b) of this section, the attorney general	130
shall send to the president of the senate and the speaker of the	131
house of representatives a written notification that does all of	132
the following:	133

(i) Indicates that the attorney general has received from law	134
enforcement agencies reports of the type described in division	135
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section,	136
whichever is applicable, that cover the previous calendar year and	137
indicates that the reports were received under division (A)(2)(a),	138
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is	139
applicable;	140

(ii) Indicates that the reports are open for inspection under	141
section 149.43 of the Revised Code;	142

(iii) Indicates that the attorney general will provide a copy	143
of any or all of the reports to the president of the senate or the	144
speaker of the house of representatives upon request.	145

(B) A law enforcement agency that has property in its	146
possession that is required to be disposed of pursuant to this	147
section shall make a reasonable effort to locate the persons	148
entitled to possession of the property in its custody, to notify	149
them of when and where it may be claimed, and to return the	150
property to them at the earliest possible time. In the absence of	151
evidence identifying persons entitled to possession, it is	152
sufficient notice to advertise in a newspaper of general	153
circulation in the county, briefly describing the nature of the	154
property in custody and inviting persons to view and establish	155
their right to it.	156

(C) A person loses any right that the person may have to the	157
possession, or the possession and ownership, of property if any of	158
the following applies:	159

(1) The property was the subject, or was used in a conspiracy	160
or attempt to commit, or in the commission, of an offense other	161
than a traffic offense, and the person is a conspirator,	162
accomplice, or offender with respect to the offense.	163

(2) A court determines that the property should be forfeited	164
because, in light of the nature of the property or the	165
circumstances of the person, it is unlawful for the person to	166
acquire or possess the property.	167

(D) Unclaimed or forfeited property in the custody of a law	168
enforcement agency, other than contraband that is subject to the	169
provisions of section 2913.34 or 2933.43 of the Revised Code,	170
other than property forfeited under sections 2923.44 to 2923.47 or	171
2925.41 to 2925.45 of the Revised Code, and other than property	172
that has been lawfully seized in relation to a violation of	173
section 2923.32 of the Revised Code, shall be disposed of on	174
application to and order of any court of record that has	175
territorial jurisdiction over the political subdivision in which	176
the law enforcement agency has jurisdiction to engage in law	177
enforcement activities, as follows:	178

(1) Drugs shall be disposed of pursuant to section 3719.11 of	179
the Revised Code or placed in the custody of the secretary of the	180
treasury of the United States for disposal or use for medical or	181
scientific purposes under applicable federal law.	182

(2) Firearms and dangerous ordnance suitable for police work	183
may be given to a law enforcement agency for that purpose.	184
Firearms suitable for sporting use or as museum pieces or	185
collectors' items may be sold at public auction pursuant to	186
division (D)(8) of this section. Other firearms and dangerous	187
ordnance shall be destroyed by the agency or shall be sent to the	188
bureau of criminal identification and investigation for	189
destruction by the bureau.	190

(3) Obscene materials shall be destroyed.

191

(4) Except as otherwise provided in division (D)(4) of this	192
section, beer or intoxicating liquor seized by a law enforcement	193
agency shall be destroyed. Intoxicating liquor seized by the	194
investigative unit in the department of public safety may be	195
distributed for training relating to law enforcement activities.	196
Pursuant to rules the department adopts in accordance with Chapter	197
119. of the Revised Code, the department shall provide for the	198
distribution of seized intoxicating liquor that is not	199
distributed for training relating to its law enforcement	200
activities, to state or local law enforcement agencies, upon their	201
request, for training related to their law enforcement activities.	202

(5) Money received by an inmate of a correctional institution	203
from an unauthorized source or in an unauthorized manner shall be	204
returned to the sender, if known, or deposited in the inmates'	205
industrial and entertainment fund if the sender is not known.	206

(6) Vehicles and vehicle parts forfeited under sections	207
4549.61 to 4549.63 of the Revised Code may be given to a law	208
enforcement agency for use in the performance of its duties. Those	209
parts may be incorporated into any other official vehicle. Parts	210
that do not bear vehicle identification numbers or derivatives of	211
them may be sold or disposed of as provided by rules of the	212
director of public safety. Parts from which a vehicle	213
identification number or derivative of it has been removed,	214
defaced, covered, altered, or destroyed and that are not suitable	215
for police work or incorporation into an official vehicle shall be	216
destroyed and sold as junk or scrap.	217

(7)(a) Computers, computer networks, computer systems, and	218
computer software suitable for police work may be given to a law	219
enforcement agency for that purpose. Other computers, computer	220
networks, computer systems, and computer software shall be	221
disposed of pursuant to division (D)(8) of this section.	222

(b) As used in this section, "computers," "computer	223
networks," "computer systems," and "computer software" have the	224
same meanings as in section 2913.01 of the Revised Code.	225

(8) Other unclaimed or forfeited property, including personal	226
property that is abandoned or relinquished by an inmate of a state	227
correctional institution, with the approval of the court, may be	228
used by the law enforcement agency that has possession of it. If	229
the other unclaimed or forfeited property is not used by the law	230
enforcement agency, it may be sold, without appraisal, at a public	231
auction to the highest bidder for cash, or, in the case of other	232
unclaimed or forfeited moneys, disposed of in another manner that	233
the court considers proper in the circumstances.	234

(E)(1)(a) If the property was in the possession of the law	235
enforcement agency in relation to a delinquent child proceeding in	236
a juvenile court, ten per cent of the proceeds from property	237
disposed of pursuant to this section shall be applied to one or	238
more alcohol and drug addiction treatment programs that are	239
certified by the department of alcohol and drug addiction services	240
under section 3793.06 of the Revised Code and that are specified	241
by the court in its order issued under division (D) of this	242
section. A juvenile court shall not specify an alcohol or drug	243
addiction treatment program in the order unless the program is a	244
certified alcohol and drug addiction treatment program and, except	245
as provided in division (E)(1)(a) of this section, unless the	246
program is located in the county in which the court that issues	247
the orders is located or in a contiguous county. If no certified	248
alcohol and drug addiction treatment program is located in any of	249
those counties, the juvenile court may specify in the order a	250
certified alcohol and drug addiction treatment program located	251
anywhere within this state. The remaining ninety per cent of the	252
proceeds shall be applied as provided in division (E)(1)(b) of	253
this section.	254

If the property was in the possession of the law enforcement	255
agency other than in relation to a delinquent child proceeding in	256
a juvenile court, all of the proceeds from property disposed of	257
pursuant to this section shall be applied as provided in division	258
(E)(1)(b) of this section.	259

(b) Except as provided in divisions (D)(4), (5), and (E)(2)	260
of this section and after compliance with division (E)(1)(a) of	261
this section when that division is applicable, the proceeds from	262
property disposed of pursuant to this section shall be placed in	263
the general fund of the state, the county, the township, or the	264
municipal corporation, of which the law enforcement agency	265
involved is an agency.	266

(2) Each board of county commissioners that recognizes a	267
citizens' reward program as provided in section 9.92 of the	268
Revised Code shall notify each law enforcement agency of that	269
county and each law enforcement agency of a township or municipal	270
corporation wholly located in that county of the official	271
recognition of the citizens' reward program by filing a copy of	272
its resolution conferring that recognition with each of those law	273
enforcement agencies. When the board of county commissioners of a	274
county recognizes a citizens' reward program and the county	275
includes a part, but not all, of the territory of a municipal	276
corporation, the board shall so notify the law enforcement agency	277
of that municipal corporation of the official recognition of the	278
citizens' reward program only if the county contains the highest	279
percentage of the municipal corporation's population. UponUnless	280
a citizens' reward program has entered into an agreement of	281
affiliation with a board of county commissioners pursuant to	282
division (D) of section 9.92 of the Revised Code, upon receipt of	283
a notice described in this division, each law enforcement agency	284
shall pay twenty-five per cent of the proceeds from each sale of	285
property disposed of pursuant to this section to the citizens'	286
reward program for use exclusively for the payment of rewards. If	287
there is an agreement of affiliation between the citizens' reward	288
program and the board of county commissioners under division (D)	289
of section 9.92 of the Revised Code, each law enforcement agency	290
that receives the notice described in this division may pay	291
twenty-five per cent of the proceeds from each sale of property	292
disposed of pursuant to this section to the citizens' reward	293
program for use exclusively for the payment of rewards. No part of	294
those funds may be used to pay for the administrative expenses or	295
any other expenses associated with a citizens' reward program. If	296
a citizens' reward program that operates in more than one county	297
or in another state or states in addition to this state receives	298
funds pursuant to this section, the funds shall be used to pay	299
rewards only for tips and information to law enforcement agencies	300
concerning felonies, offenses of violence, or misdemeanors that	301
have been committed in the county from which the funds were	302
received.	303

(F) This section does not apply to the collection, storage,	304
or disposal of abandoned junk motor vehicles. This section shall	305
not be construed to rescind or restrict the authority of a	306
municipal law enforcement agency to keep and dispose of lost,	307
abandoned, stolen, seized, or forfeited property under an	308
ordinance of the municipal corporation or under sections 737.29 to	309
737.33 of the Revised Code, provided that, when a municipal	310
corporation that has received notice as provided in division	311
(E)(2) of this section disposes of property under an ordinance, it	312
shall pay twenty-five per cent of the proceeds from any sale or	313
auction to the citizens' reward program as provided under that	314
division.	315

(G) The receipt of funds by a citizens' reward program	316
pursuant to division (E) of this section does not make it a	317
governmental unit for purposes of section 149.43 of the Revised	318
Code and does not subject it to the disclosure provisions of that	319
section.	320

(H) This section does not apply to the disposal of stolen or	321
other property recovered by township law enforcement agencies	322
pursuant to sections 505.105 to 505.109 of the Revised Code.	323

(I)(1) Subject to divisions (D)(1) to (7) of this section,	324
and otherwise notwithstanding the provisions of this section,	325
personal property that is subject to this section and that is	326
abandoned or relinquished by an inmate of a state correctional	327
institution may be destroyed or used by order of the warden of the	328
institution, if either of the following apply:	329

(a) The value of the item is one hundred dollars or less, the	330
state correctional institution has attempted to contact or	331
identify the owner of the personal property, and those attempts	332
have been unsuccessful.	333

(b) The inmate who owns the personal property agrees in	334
writing to the disposal of the personal property in question.	335

(2) The department of rehabilitation and correction shall	336
record the seizure and disposition of any personal property	337
pursuant to division (I)(1) of this section, any attempts to	338
contact or identify the owner of the personal property pursuant to	339
division (I)(1)(a) of this section, and any agreement made	340
pursuant to division (I)(1)(b) of this section.	341

(J) For purposes of this section, "law enforcement agency"	342
includes correctional institutions, and "citizens' reward program"	343
has the same meaning as in section 9.92 of the Revised Code. As	344
used in division (H) of this section, "township law enforcement	345
agencies" means an organized police department of a township, a	346
township police district, a joint township police district, or the	347
office of a township constable.	348

Sec. 3313.206.  Each board of education that establishes or	349
maintains a block parentmcgruff house program shall use the block	350
parentmcgruff house symbol adopted by the division of criminal	351
justice services in the state board of educationdepartment of	352
public safety under section 3301.0765502.62 of the Revised Code	353
and instruct volunteers participating in the program to use only	354
that symbol. Each board of education that establishes a block	355
parentmcgruff house program on or after October 17, 1985July 1,	356
2007, shall do so in accordance with the rules adopted under	357
section 3301.0765502.62 of the Revised Code. Any chartered	358
nonpublic school within a school district may participate in that	359
district's block parentmcgruff house program upon furnishing a	360
written statement to the district's board of education and to the	361
division of criminal justice services in the state board of	362
educationdepartment of public safety to the effect that the	363
nonpublic school will abide by the rules of the district's block	364
parentmcgruff house program. A chartered nonpublic school that	365
participates in a school district's block parentmcgruff house	366
program may request technical assistance from the state board	367
division of criminal justice services.	368

At the request of a board of education, law enforcement	369
authorities with jurisdiction in any of the territory of a school	370
district that maintains a block parentmcgruff house program shall	371
assist the board of education of the district or a participating	372
chartered nonpublic school in checking the criminal records of	373
individuals and families that volunteer to participate in the	374
district's block parentmcgruff house program.	375

Sec. 5502.61.  As used in sections 5502.61 to 5502.66 of the	376
Revised Code:	377

(A) "Federal criminal justice acts" means any federal law	378
that authorizes financial assistance and other forms of assistance	379
to be given by the federal government to the states to be used for	380
the improvement of the criminal and juvenile justice systems of	381
the states.	382

(B)(1) "Criminal justice system" includes all of the	383
functions of the following:	384

(a) The state highway patrol, county sheriff offices,	385
municipal and township police departments, and all other law	386
enforcement agencies;	387

(b) The courts of appeals, courts of common pleas, municipal	388
courts, county courts, and mayor's courts, when dealing with	389
criminal cases;	390

(c) The prosecuting attorneys, city directors of law, village	391
solicitors, and other prosecuting authorities when prosecuting or	392
otherwise handling criminal cases, and the county and joint county	393
public defenders and other public defender agencies or offices;	394

(d) The department of rehabilitation and correction,	395
probation departments, county and municipal jails and workhouses,	396
and any other department, agency, or facility that is concerned	397
with the rehabilitation or correction of criminal offenders;	398

(e) Any public or private agency whose purposes include the	399
prevention of crime or the diversion, adjudication, detention, or	400
rehabilitation of criminal offenders;	401

(f) Any public or private agency, the purposes of which	402
include assistance to crime victims or witnesses.	403

(2) The inclusion of any public or private agency, the	404
purposes of which include assistance to crime victims or	405
witnesses, as part of the criminal justice system pursuant to	406
division (B)(1) of this section does not limit, and shall not be	407
construed as limiting, the discretion or authority of the attorney	408
general with respect to crime victim assistance and criminal	409
justice programs.	410

(C) "Juvenile justice system" includes all of the functions	411
of the juvenile courts, the department of youth services, any	412
public or private agency whose purposes include the prevention of	413
delinquency or the diversion, adjudication, detention, or	414
rehabilitation of delinquent children, and any of the functions of	415
the criminal justice system that are applicable to children.	416

(D) "Comprehensive plan" means a document that coordinates,	417
evaluates, and otherwise assists, on an annual or multi-year	418
basis, any of the functions of the criminal and juvenile justice	419
systems of the state or a specified area of the state, that	420
conforms to the priorities of the state with respect to criminal	421
and juvenile justice systems, and that conforms with the	422
requirements of all federal criminal justice acts. These functions	423
may include, but are not limited to, any of the following:	424

(1) Crime and delinquency prevention;

425

(2) Identification, detection, apprehension, and detention of	426
persons charged with criminal offenses or delinquent acts;	427

(3) Assistance to crime victims or witnesses, except that the	428
comprehensive plan does not include the functions of the attorney	429
general pursuant to sections 109.91 and 109.92 of the Revised	430
Code;	431

(4) Adjudication or diversion of persons charged with	432
criminal offenses or delinquent acts;	433

(5) Custodial treatment of criminal offenders, delinquent	434
children, or both;	435

(6) Institutional and noninstitutional rehabilitation of	436
criminal offenders, delinquent children, or both.	437

(E) "Metropolitan county criminal justice services agency"	438
means an agency that is established pursuant to division (A) of	439
section 5502.64 of the Revised Code.	440

(F) "Administrative planning district" means a district that	441
is established pursuant to division (A) or (B) of section 5502.66	442
of the Revised Code.	443

(G) "Criminal justice coordinating council" means a criminal	444
justice services agency that is established pursuant to division	445
(D) of section 5502.66 of the Revised Code.	446

(H) "Local elected official" means any person who is a member	447
of a board of county commissioners or township trustees or of a	448
city or village council, judge of the court of common pleas, a	449
municipal court, or a county court, sheriff, county coroner,	450
prosecuting attorney, city director of law, village solicitor, or	451
mayor.	452

(I) "Juvenile justice coordinating council" means a juvenile	453
justice services agency that is established pursuant to division	454
(D) of section 5502.66 of the Revised Code.	455

(J) "Mcgruff house program" means a program in which	456
individuals or families volunteer to have their homes or other	457
buildings serve as places of temporary refuge for children and to	458
display the mcgruff house symbol identifying the home or building	459
as that type of place.	460

(K) "Mcgruff house symbol" means the symbol that is	461
characterized by the image of "mcgruff," the crime dog, and the	462
slogan "take a bite out of crime," and that has been adopted by	463
the national crime prevention council as the symbol of its	464
national citizens' crime prevention campaign.	465

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

466

(1) The board of education of any city, local, or exempted	467
village school district;	468

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

469

(3) The governing authority of any chartered nonpublic	470
school;	471

(4) The police department of any municipal corporation,	472
township, township police district, or joint township police	473
district;	474

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

475

Sec. 5502.62.  (A) There is hereby created in the department	476
of public safety a division of criminal justice services. The	477
director of public safety, with the concurrence of the governor,	478
shall appoint an executive director of the division of criminal	479
justice services. The executive director shall be the head of the	480
division. The executive director shall serve at the pleasure of	481
the director of public safety. To carry out the duties assigned	482
under this section and to comply with sections 5502.63 to 5502.66	483
of the Revised Code, the executive director, subject to the	484
direction and control of the director of public safety, may	485
appoint and maintain any necessary staff and may enter into any	486
necessary contracts and other agreements. The executive director	487
of the division, and all professional and technical personnel	488
employed within the division who are not public employees as	489
defined in section 4117.01 of the Revised Code, shall be in the	490
unclassified civil service, and all other persons employed within	491
the division shall be in the classified civil service.	492

(B) Subject to division (F) of this section and subject to	493
divisions (D) to (F) of section 5120.09 of the Revised Code	494
insofar as those divisions relate to federal criminal justice acts	495
that the governor requires the department of rehabilitation and	496
correction to administer, the division of criminal justice	497
services shall do all of the following:	498

(1) Serve as the state criminal justice services agency and	499
perform criminal justice system planning in the state, including	500
any planning that is required by any federal law;	501

(2) Collect, analyze, and correlate information and data	502
concerning the criminal justice system in the state;	503

(3) Cooperate with and provide technical assistance to state	504
departments, administrative planning districts, metropolitan	505
county criminal justice services agencies, criminal justice	506
coordinating councils, agencies, offices, and departments of the	507
criminal justice system in the state, and other appropriate	508
organizations and persons;	509

(4) Encourage and assist agencies, offices, and departments	510
of the criminal justice system in the state and other appropriate	511
organizations and persons to solve problems that relate to the	512
duties of the division;	513

(5) Administer within the state any federal criminal justice	514
acts that the governor requires it to administer;	515

(6) Administer funds received under the "Family Violence	516
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	517
10401, as amended, with all powers necessary for the adequate	518
administration of those funds, including the authority to	519
establish a family violence prevention and services program.;	520

(7) Implement the state comprehensive plans;

521

(8) Audit grant activities of agencies, offices,	522
organizations, and persons that are financed in whole or in part	523
by funds granted through the division;	524

(9) Monitor or evaluate the performance of criminal justice	525
system projects and programs in the state that are financed in	526
whole or in part by funds granted through the division;	527

(10) Apply for, allocate, disburse, and account for grants	528
that are made available pursuant to federal criminal justice acts,	529
or made available from other federal, state, or private sources,	530
to improve the criminal justice system in the state. Except as	531
otherwise provided in this division, all money from such federal	532
grants shall, if the terms under which the money is received	533
require that the money be deposited into an interest-bearing fund	534
or account, be deposited in the state treasury to the credit of	535
the federal program purposes fund, which is hereby created. All	536
investment earnings of the federal program purposes fund shall be	537
credited to the fund. All money from such federal grants that	538
require that the money be deposited into an interest-bearing fund	539
or account, that are intended to provide funding to local criminal	540
justice programs, and that require that investment earnings be	541
distributed for program purposes shall be deposited in the state	542
treasury to the credit of the federal justice programs fund, which	543
is hereby created. All investment earnings of the federal justice	544
programs fund shall be credited to the fund and distributed in	545
accordance with the terms of the grant under which the money is	546
received.	547

(11) Contract with federal, state, and local agencies,	548
foundations, corporations, businesses, and persons when necessary	549
to carry out the duties of the division;	550

(12) Oversee the activities of metropolitan county criminal	551
justice services agencies, administrative planning districts, and	552
criminal justice coordinating councils in the state;	553

(13) Advise the director of public safety, general assembly,	554
and governor on legislation and other significant matters that	555
pertain to the improvement and reform of criminal and juvenile	556
justice systems in the state;	557

(14) Prepare and recommend legislation to the director of	558
public safety, general assembly, and governor for the improvement	559
of the criminal and juvenile justice systems in the state;	560

(15) Assist, advise, and make any reports that are requested	561
or required by the governor, director of public safety, attorney	562
general, or general assembly;	563

(16) Develop and maintain the Ohio incident-based reporting	564
system in accordance with division (C) of this section;	565

(17) Subject to the approval of the director of public	566
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	567

(18)(a) Not later than June 1, 2007, and subject to the	568
approval of the director of public safety, adopt rules for the	569
establishment and maintenance of a mcgruff house program by any	570
sponsoring agency. The rules shall include the following:	571

(i) The adoption of the mcgruff house symbol to be used	572
exclusively in all mcgruff house programs in this state;	573

(ii) The requirements for any sponsoring agency to establish	574
and maintain a mcgruff house program;	575

(iii) The criteria for the selection of volunteers to	576
participate in a mcgruff house program that shall include, but not	577
be limited to, criminal background checks of those volunteers;	578

(iv) Any other matters that the division of criminal justice	579
services considers necessary for the establishment and maintenance	580
of mcgruff house programs by sponsoring agencies and the	581
participation of volunteers in those programs.	582

(b) The division of criminal justice services shall	583
distribute materials and provide technical assistance to any	584
sponsoring agency that establishes and maintains a mcgruff house	585
program, any volunteer group or organization that provides	586
assistance to that sponsoring agency, or any volunteer who	587
participates in a mcgruff house program.	588

(C) The officedivision of criminal justice services shall	589
develop and maintain the Ohio incident-based reporting system to	590
facilitate the sharing of information with the federal bureau of	591
investigation and participating law enforcement agencies in Ohio.	592
The Ohio incident-based reporting system shall be known as OIBRS.	593
In connection with OIBRS, the officedivision shall do all of the	594
following:	595

(1) Collect and organize statistical data for reporting to	596
the national incident-based reporting system operated by the	597
federal bureau of investigation for the purpose of securing	598
federal criminal justice grants;	599

(2) Analyze and highlight mapping data for participating law	600
enforcement agencies;	601

(3) Distribute data and analyses to participating law	602
enforcement agencies;	603

(4) Encourage nonparticipating law enforcement agencies to	604
participate in OIBRS by offering demonstrations, training, and	605
technical assistance;	606

(5) Provide assistance, advice, and reports requested by the	607
governor, the general assembly, or the federal bureau of	608
investigation;	609

(6) Require every law enforcement agency that receives	610
federal criminal justice grants or state criminal justice	611
information system general revenue funds through the office	612
division to participate in OIBRS or in the uniform crime reporting	613
program of the federal bureau of investigation. An agency that	614
submits OIBRS data to the Ohio local law enforcement information	615
sharing network shall be considered to be in compliance with	616
division (C)(6) of this section if both of the following apply:	617

(a) The Ohio local law enforcement information sharing	618
network is capable of collecting OIBRS data.	619

(b) The officedivision of criminal justice services has the	620
ability to extract the OIBRS data for reporting to the national	621
incident-based reporting system in the manner required by the	622
federal bureau of investigation.	623

(D) Upon the request of the director of public safety or	624
governor, the division of criminal justice services may do any of	625
the following:	626

(1) Collect, analyze, or correlate information and data	627
concerning the juvenile justice system in the state;	628

(2) Cooperate with and provide technical assistance to state	629
departments, administrative planning districts, metropolitan	630
county criminal justice service agencies, criminal justice	631
coordinating councils, agency offices, and the departments of the	632
juvenile justice system in the state and other appropriate	633
organizations and persons;	634

(3) Encourage and assist agencies, offices, and departments	635
of the juvenile justice system in the state and other appropriate	636
organizations and persons to solve problems that relate to the	637
duties of the division.	638

(E) Divisions (B), (C), and (D) of this section do not limit	639
the discretion or authority of the attorney general with respect	640
to crime victim assistance and criminal justice programs.	641

(F) Nothing in this section is intended to diminish or alter	642
the status of the office of the attorney general as a criminal	643
justice services agency or to diminish or alter the status or	644
discourage the development and use of other law enforcement	645
information systems in Ohio.	646

Section 2.  That existing sections 2917.46, 2933.41,	647
3313.206, 5502.61, and 5502.62 and section 3301.076 of the Revised	648
Code are hereby repealed.	649

Section 3. (A) Sections 1 and 2 of this act, except for	650
sections 2933.41, 5502.61, and 5502.62 of the Revised Code, shall	651
take effect July 1, 2007.	652

(B) Section 2933.41 of the Revised Code, as amended by this	653
act, shall take effect at the earliest time permitted by law.	654

(C) Sections 5502.61 and 5502.62 of the Revised Code, as	655
amended by this act, shall take effect April 1, 2007.	656

Section 4. (A) On July 1, 2007, the duty of the State Board	657
of Education to adopt rules for the establishment and maintenance	658
of a Block Parent Program and any other responsibilities of the	659
State Board of Education relating to that Program as provided in	660
section 3301.076 of the Revised Code shall cease to exist.	661

(B) On or after April 1, 2007, but not later than June 1,	662
2007, the Division of Criminal Justice Services in the Department	663
of Public Safety shall adopt rules for the establishment and	664
maintenance of a McGruff House Program pursuant to sections	665
5502.61 and 5502.62 of the Revised Code, as amended by this act.	666
The rules adopted by the Division of Criminal Justice Services	667
under this division shall take effect July 1, 2007.	668

(C)(1) Any Block Parent Program that is established,	669
sponsored, or maintained prior to July 1, 2007, under section	670
3301.076 or 3313.206 of the Revised Code or any rule adopted by	671
the State Board of Education pursuant to section 3301.076 of the	672
Revised Code and that is in existence on June 30, 2007, shall	673
cease to exist on July 1, 2007. Any chartered nonpublic school,	674
volunteer, agency, or entity that participates in that Block	675
Parent Program under section 3313.206 of the Revised Code or any	676
rule adopted by the State Board of Education pursuant to section	677
3301.076 of the Revised Code shall cease to participate in that	678
Program on July 1, 2007.	679

(2) Not later than June 30, 2007, any municipal or township	680
police department, township police district, county sheriff's	681
department, other law enforcement agency, chartered nonpublic	682
school, volunteer, or entity that is using the Block Parent symbol	683
established by the State Board of Education pursuant to section	684
3301.076 of the Revised Code or any rule adopted by the State	685
Board of Education pursuant to that section, shall cease to use	686
that symbol and shall remove the symbol or cause its removal from	687
any house or building in which it is displayed by that department,	688
district, agency, school, volunteer, or entity. Except as provided	689
in division (C)(3) of this section, the appropriate department,	690
district, agency, school, volunteer, or entity immediately shall	691
return all of the Block Parent symbols used, displayed, or	692
possessed by it to the appropriate board of education or other	693
entity that under section 3313.206 of the Revised Code or any rule	694
adopted pursuant to section 3301.076 of the Revised Code	695
established, sponsored, or maintained the Block Parent Program in	696
which the symbol was used.	697

(3) A board of education or other entity to which the Block	698
Parent symbols are returned as provided in division (C)(2) of this	699
section shall destroy all of those returned symbols and any other	700
Block Parent symbols possessed by that board or entity. If a	701
municipal or township police department, township police district,	702
county sheriff's department, other law enforcement agency,	703
chartered nonpublic school, or other entity that is using the	704
Block Parent symbol as provided in division (C)(2) of this section	705
also established or is sponsoring or maintaining the Block Parent	706
Program in which the symbol is used, that department, district,	707
agency, school, or entity shall destroy all of the Block Parent	708
symbols that are used, displayed, or possessed by it. The	709
destruction of all Block Parent symbols pursuant to this division	710
shall be made not later than July 10, 2007.	711

Section 5.  Section 181.52 (5502.62) of the Revised Code is	712
presented in this act as a composite of the section as amended by	713
both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General	714
Assembly. The General Assembly, applying the principle stated in	715
division (B) of section 1.52 of the Revised Code that amendments	716
are to be harmonized if reasonably capable of simultaneous	717
operation, finds that the composite is the resulting version of	718
the section in effect prior to the effective date of the section	719
as presented in this act.	720