Sec. 109.71. There is hereby created in the office of the | 8 |
attorney general the Ohio peace officer training commission. The | 9 |
commission shall consist of nine members appointed by the governor | 10 |
with the advice and consent of the senate and selected as
follows: | 11 |
one member representing the public; two members who are
incumbent | 12 |
sheriffs; two members who are incumbent chiefs of
police; one | 13 |
member from the bureau of criminal identification and | 14 |
investigation; one member from the state highway patrol; one | 15 |
member who is the special agent in charge of a field office of
the | 16 |
federal bureau of investigation in this state; and one member
from | 17 |
the department of education, trade and industrial
education | 18 |
services, law enforcement training. | 19 |
(1) A deputy sheriff, marshal, deputy marshal, member of
the | 22 |
organized police department of a township or municipal | 23 |
corporation, member of a township police district or joint | 24 |
township police district police force, member of a police force | 25 |
employed by a metropolitan housing authority under division (D)
of | 26 |
section 3735.31 of the Revised Code, or township constable,
who is | 27 |
commissioned and employed as a peace officer by a
political | 28 |
subdivision of this state or by a metropolitan housing
authority, | 29 |
and whose primary duties are to preserve the peace, to
protect | 30 |
life and property, and to enforce the laws of this state, | 31 |
ordinances of a municipal corporation, resolutions of a township, | 32 |
or regulations of a board of county commissioners or board of | 33 |
township trustees, or any of those laws, ordinances,
resolutions, | 34 |
or regulations; | 35 |
(6) An employee of the department of natural resources who
is | 48 |
a natural resources law enforcement staff officer designated | 49 |
pursuant to
section 1501.013, a park officer designated pursuant | 50 |
to
section
1541.10, a
forest officer designated pursuant to | 51 |
section 1503.29, a preserve
officer designated pursuant to section | 52 |
1517.10, a wildlife officer designated
pursuant to section | 53 |
1531.13, or a state watercraft
officer designated pursuant to | 54 |
section 1547.521 of the Revised
Code; | 55 |
(12) A state university law enforcement officer appointed | 70 |
under section 3345.04 of the Revised Code or a person serving as a | 71 |
state
university law enforcement officer on a permanent basis on | 72 |
June 19,
1978, who has been awarded a certificate by the executive | 73 |
director of the
Ohio peace officer training
commission
attesting | 74 |
to
the person's
satisfactory completion of an approved
state, | 75 |
county,
municipal, or department
of natural resources peace | 76 |
officer basic
training program; | 77 |
(17) A special police officer designated by the | 90 |
superintendent of the
state highway patrol pursuant to section | 91 |
5503.09 of the Revised Code
or a person who was serving as a | 92 |
special police officer pursuant
to that section
on a permanent | 93 |
basis on
October 21, 1997, and who has
been awarded a certificate | 94 |
by the executive director of the
Ohio peace officer training | 95 |
commission attesting to the person's satisfactory completion of
an | 96 |
approved state, county, municipal, or department of natural | 97 |
resources peace officer basic training program; | 98 |
(18) A special police officer employed by a port
authority | 99 |
under section
4582.04 or 4582.28 of the Revised Code
or
a person | 100 |
serving as a special police officer employed
by a port
authority | 101 |
on a permanent basis on
May
17, 2000, who has been
awarded a | 102 |
certificate by the
executive director of the Ohio
peace officer | 103 |
training
commission
attesting to the person's
satisfactory | 104 |
completion of an
approved
state, county, municipal,
or department | 105 |
of natural
resources peace
officer basic training
program; | 106 |
(19) A special police officer employed by a municipal | 107 |
corporation who has been awarded a certificate by the executive | 108 |
director of the Ohio peace officer training commission for | 109 |
satisfactory completion of an approved peace officer basic | 110 |
training program and who is employed on a permanent basis on or | 111 |
after the effective date of this amendmentMarch 19, 2003, at a | 112 |
municipal airport,
or other municipal air navigation facility, | 113 |
that
has scheduled
operations, as defined in section 119.3 of | 114 |
Title 14
of the Code of
Federal Regulations, 14 C.F.R. 119.3, as | 115 |
amended,
and that is
required to be under a security program and | 116 |
is
governed by
aviation security rules of the transportation | 117 |
security
administration of the United States department of | 118 |
transportation
as provided in Parts 1542. and 1544. of Title 49 of | 119 |
the Code of
Federal Regulations, as amended; | 120 |
(4) The requirements of minimum basic training that peace | 149 |
officers appointed to probationary terms shall complete before | 150 |
being eligible for permanent appointment, which requirements
shall | 151 |
include a minimum of fifteen hours of training in the
handling of | 152 |
the offense of domestic violence, other types of
domestic | 153 |
violence-related offenses and incidents, and protection
orders and | 154 |
consent agreements issued or approved under section
2919.26 or | 155 |
3113.31 of the Revised Code, a minimum of six hours of
crisis | 156 |
intervention training, and a specified amount of training
in the | 157 |
handling of missing children and child abuse and neglect
cases, | 158 |
and the time within which such basic training shall be
completed | 159 |
following such appointment to a probationary term; | 160 |
(5) The requirements of minimum basic training that peace | 161 |
officers not appointed for probationary terms but appointed on | 162 |
other than a permanent basis shall complete in order to be | 163 |
eligible for continued employment or permanent appointment, which | 164 |
requirements shall include a minimum of fifteen hours of training | 165 |
in the handling of the offense of domestic violence, other types | 166 |
of domestic violence-related offenses and incidents, and | 167 |
protection orders and consent agreements issued or approved under | 168 |
section 2919.26 or 3113.31 of the Revised Code, a minimum of six | 169 |
hours of crisis intervention training, and a specified amount of | 170 |
training in the handling of missing children and child abuse and | 171 |
neglect cases, and the time within which such basic training
shall | 172 |
be completed following such appointment on other than a
permanent | 173 |
basis; | 174 |
(6) Categories or classifications of advanced in-service | 175 |
training programs for peace officers, including programs in the | 176 |
handling of the offense of domestic violence, other types of | 177 |
domestic violence-related offenses and incidents, and protection | 178 |
orders and consent agreements issued or approved under section | 179 |
2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 180 |
and in the handling of missing children and child abuse and | 181 |
neglect cases, and minimum courses of study and attendance | 182 |
requirements with respect to such categories or classifications; | 183 |
(7) Permitting persons who are employed as members of a | 184 |
campus police department appointed under section 1713.50 of the | 185 |
Revised Code, who are employed as police officers by a qualified | 186 |
nonprofit corporation police department pursuant to section | 187 |
1702.80 of the Revised Code, or who are appointed and
commissioned | 188 |
as railroad police officers or hospital
police officers
pursuant | 189 |
to sections 4973.17 to 4973.22 of the Revised Code, or who are | 190 |
appointed and commissioned as amusement park police officers | 191 |
pursuant to section 4973.17 of the Revised Code to
attend
approved | 192 |
peace officer training schools, including the
Ohio peace
officer | 193 |
training academy, and to receive certificates
of
satisfactory | 194 |
completion of basic training programs, if the
private
college or | 195 |
university that established the campus police
department, | 196 |
qualified nonprofit corporation police department,
railroad | 197 |
company, or hospital, or amusement park sponsoring the police | 198 |
officers pays
the entire cost of the training and certification | 199 |
and if trainee
vacancies are available; | 200 |
(8) Permitting undercover drug agents to attend approved | 201 |
peace officer training schools, other than the Ohio peace officer | 202 |
training academy, and to receive certificates of satisfactory | 203 |
completion of basic training programs, if, for each undercover | 204 |
drug agent, the county, township, or municipal corporation that | 205 |
employs that undercover drug agent pays the entire cost of the | 206 |
training and certification; | 207 |
(B) The commission shall appoint an executive director,
with | 230 |
the approval of the attorney general, who shall hold office
during | 231 |
the pleasure of the commission. The executive
director shall | 232 |
perform such duties as may be assigned by the
commission. The | 233 |
executive director
shall receive a salary fixed pursuant to | 234 |
Chapter 124. of the
Revised Code and reimbursement for expenses | 235 |
within the amounts
available by appropriation. The executive | 236 |
director may appoint
officers, employees, agents, and consultants | 237 |
as the executive
director considers
necessary, prescribe their | 238 |
duties, and provide for reimbursement
of their expenses within the | 239 |
amounts available for reimbursement
by appropriation and with the | 240 |
approval of the
commission. | 241 |
(D) In establishing the requirements, under division (A)(12) | 262 |
of this section, the commission may consider any portions of the | 263 |
curriculmcurriculum for instruction on the topic of animal | 264 |
husbandry practices, if any, of the Ohio state university college | 265 |
of veterinary medicine. No person or entity that fails to provide | 266 |
instruction on traditional animal husbandry methods and training | 267 |
techniques, including customary owner-performed practices, shall | 268 |
qualify to train a humane agent for appointment under section | 269 |
1717.06 of the Revised Code. | 270 |
Sec. 109.79. (A) The Ohio peace officer training
commission | 271 |
shall establish and conduct a training school for law enforcement | 272 |
officers of any political subdivision of the state or of the
state | 273 |
public defender's office. The school shall be known as the
Ohio | 274 |
peace officer training academy. No bailiff or deputy
bailiff of a | 275 |
court of record of this state and no criminal
investigator | 276 |
employed by the state public defender shall be
permitted to attend | 277 |
the academy for training unless the employing
court of the bailiff | 278 |
or deputy bailiff or the state public
defender, whichever is | 279 |
applicable, has authorized the bailiff,
deputy bailiff, or | 280 |
investigator to attend the academy. | 281 |
The Ohio peace officer training commission shall develop
the | 282 |
training program, which shall include courses in both the civil | 283 |
and criminal functions of law enforcement officers, a course in | 284 |
crisis intervention with six or more hours of training, and | 285 |
training in the handling of missing children and child abuse and | 286 |
neglect cases, and shall establish rules governing qualifications | 287 |
for admission to the academy. The commission may
require | 288 |
competitive examinations to determine fitness of prospective | 289 |
trainees, so long as the examinations or other criteria for | 290 |
admission to the academy are consistent with the provisions of | 291 |
Chapter 124. of the Revised Code. | 292 |
The law enforcement officers, during the period of their | 300 |
training, shall receive compensation as determined by the | 301 |
political subdivision that sponsors them or, if the officer is a | 302 |
criminal investigator employed by the state public defender, as | 303 |
determined by the state public defender. The political
subdivision | 304 |
may pay the tuition costs of the law enforcement
officers they | 305 |
sponsor and the state public defender may pay the
tuition costs of | 306 |
criminal investigators of that office who attend
the academy. | 307 |
If trainee vacancies exist, the academy may train and issue | 308 |
certificates of satisfactory completion to peace officers who are | 309 |
employed by a campus police department pursuant to section
1713.50 | 310 |
of the Revised Code, by a qualified nonprofit corporation
police | 311 |
department pursuant to section 1702.80 of the Revised
Code, or by | 312 |
a railroad company, who are amusement park police officers | 313 |
appointed and commissioned by a judge of the appropriate municipal | 314 |
court or county court pursuant to section 4973.17 of the Revised | 315 |
Code, or who are hospital police
officers appointed and | 316 |
commissioned by the governor pursuant to
sections 4973.17 to | 317 |
4973.22 of the Revised Code, provided that no
such officer shall | 318 |
be trained at the academy unless the officer
meets the | 319 |
qualifications established for admission to the academy
and the | 320 |
qualified nonprofit corporation police department,
railroad | 321 |
company, or hospital, or amusement park or the private college or | 322 |
university that established the campus police department prepays | 323 |
the entire cost of the training. A qualified nonprofit
corporation | 324 |
police department, railroad company, or hospital, or amusement | 325 |
park or a
private college or university that has established a | 326 |
campus
police department is not entitled to reimbursement from the | 327 |
state
for any amount paid for the cost of training the railroad | 328 |
company's peace officers or the peace officers of the qualified | 329 |
nonprofit corporation police department, campus police
department, | 330 |
or hospital, or amusement park. | 331 |
Sec. 4973.17. (A) Upon the application of any bank,
building | 358 |
and loan association, or association of banks or
building and loan | 359 |
associations in this state, the secretary of state may
appoint and | 360 |
commission any persons that the bank, building and
loan | 361 |
association, or association of banks or building and loan | 362 |
associations designates, or as many of those persons as the | 363 |
secretary of state
considers proper, to act as police officers for | 364 |
and on the
premises of that bank, building and loan association, | 365 |
or
association of banks or building and loan associations, or | 366 |
elsewhere, when directly in the discharge of their duties.
Police | 367 |
officers so appointed shall be citizens of this state and
of good | 368 |
character. They shall hold office for three years,
unless, for | 369 |
good cause shown, their commission is revoked by the
secretary of | 370 |
state, or by the bank, building and loan association, or | 371 |
association of banks or building and loan associations, as | 372 |
provided by law. | 373 |
(B) Upon the application of a company owning or using a | 374 |
railroad in this state and subject to section 4973.171 of the | 375 |
Revised Code,
the secretary of state may appoint and commission | 376 |
any persons that the railroad company designates, or as many of | 377 |
those persons as the secretary of state considers proper, to act | 378 |
as police officers
for and on the premises of the railroad | 379 |
company, its affiliates
or subsidiaries, or elsewhere, when | 380 |
directly in the discharge of
their duties. Police officers so | 381 |
appointed, within the
time set by the Ohio peace officer training | 382 |
commission, shall successfully
complete a commission approved | 383 |
training program and be certified by
the commission. They shall | 384 |
hold office for three years, unless, for
good cause shown, their | 385 |
commission is revoked by the secretary of state, or
railroad | 386 |
company, as provided by law. | 387 |
(C) Upon the application of any company under contract
with | 395 |
the United States atomic energy commission for the
construction or | 396 |
operation of a plant at a site owned by
the commission, the | 397 |
secretary of state may appoint and commission persons
the company | 398 |
designates, not to exceed one hundred fifty, to act
as police | 399 |
officers for the company at the plant or site owned by
the | 400 |
commission. Police officers so appointed shall be citizens
of this | 401 |
state and of good character. They shall hold office for
three | 402 |
years, unless, for good cause shown, their commission is
revoked | 403 |
by the secretary of state or by the company, as provided by law. | 404 |
(D)(1) Upon the application of any hospital that is
operated | 405 |
by a public hospital agency or a nonprofit hospital
agency and | 406 |
that employs and maintains its own proprietary police
department | 407 |
or security department and subject to section 4973.171 of the | 408 |
Revised Code, the secretary of state may appoint and
commission | 409 |
any persons that the hospital designates, or as many of
those | 410 |
persons as the secretary of state considers proper, to act as | 411 |
police
officers for the hospital. No person who is appointed as a | 412 |
police officer under this division shall engage in any duties or | 413 |
activities as a police officer for the hospital or any affiliate | 414 |
or subsidiary of the hospital unless all of the following apply: | 415 |
(a) The chief of police of the municipal corporation in
which | 416 |
the hospital is located or, if the hospital is located in
the | 417 |
unincorporated area of a county, the sheriff of that county
has | 418 |
granted approval to the hospital to permit persons appointed
as | 419 |
police officers under this division to engage in those duties
and | 420 |
activities. The approval required by this division is
general in | 421 |
nature and is intended to cover in the aggregate all
persons | 422 |
appointed as police officers for the hospital under this
division; | 423 |
a separate approval is not required for each appointee
on an | 424 |
individual basis. | 425 |
(b) Subsequent to the grant of approval described in
division | 426 |
(D)(1)(a) of this section, the hospital has entered into
a written | 427 |
agreement with the chief of police of the municipal corporation in | 428 |
which the
hospital is located or, if the hospital is located in | 429 |
the
unincorporated area of a county, with the sheriff of that | 430 |
county,
that sets forth the standards and criteria to govern the | 431 |
interaction
and cooperation between persons appointed as police | 432 |
officers for
the hospital under this division and law enforcement | 433 |
officers
serving the agency represented by the chief of police or | 434 |
sheriff
who signed the agreement in areas of their concurrent | 435 |
jurisdiction. The written agreement shall be signed by the | 436 |
appointing authority of the hospital and by the chief of police
or | 437 |
sheriff. The standards and criteria may include, but are not | 438 |
limited to, provisions governing the reporting of offenses | 439 |
discovered by hospital police officers to the agency represented | 440 |
by the chief of police or sheriff, provisions governing | 441 |
investigatory responsibilities relative to offenses committed on | 442 |
hospital property, and provisions governing the processing and | 443 |
confinement of persons arrested for offenses committed on
hospital | 444 |
property. The agreement required by this division is
intended to | 445 |
apply in the aggregate to all persons appointed as
police officers | 446 |
for the hospital under this division; a separate
agreement is not | 447 |
required for each appointee on an individual
basis. | 448 |
(c) The person has successfully completed a training
program | 449 |
approved by the Ohio peace officer training commission and
has | 450 |
been certified by the commission. A person appointed as a
police | 451 |
officer under this division may attend a training program
approved | 452 |
by the commission and be certified by the commission
regardless of | 453 |
whether the appropriate chief of police or sheriff
has granted the | 454 |
approval described in division (D)(1)(a) of this
section and | 455 |
regardless of whether the hospital has entered into
the written | 456 |
agreement described in division (D)(1)(b) of this
section with the | 457 |
appropriate chief of police or sheriff. | 458 |
(2)(a) A person who is appointed as a police officer under | 459 |
division (D)(1) of this section is entitled, upon the grant of | 460 |
approval described in division (D)(1)(a) of this section and upon
| 461 |
the person's and the hospital's compliance with the
requirements | 462 |
of divisions (D)(1)(b) and (c) of this section, to act as a police | 463 |
officer for the hospital on the premises of the hospital and of | 464 |
its affiliates and subsidiaries that are within the territory of | 465 |
the municipal corporation served by the chief of police or the | 466 |
unincorporated area of the county served by the sheriff who
signed | 467 |
the written agreement described in division (D)(1)(b) of
this | 468 |
section, whichever is applicable, and anywhere else within
the | 469 |
territory of that municipal corporation or within the | 470 |
unincorporated area of that county. The authority to act as a | 471 |
police officer as described in this division is granted only
if | 472 |
the person, when engaging in that activity, is directly in the | 473 |
discharge of the person's duties as a police officer for the | 474 |
hospital. The authority to act as a police officer as described in | 475 |
this
division shall be exercised in accordance with the standards | 476 |
and
criteria set forth in the written agreement described in | 477 |
division
(D)(1)(b) of this section. | 478 |
(b) Additionally, a person appointed as a police officer | 479 |
under division (D)(1) of this section is entitled, upon the grant | 480 |
of approval described in division (D)(1)(a) of this section and | 481 |
upon the person's and the hospital's compliance with the | 482 |
requirements of
divisions (D)(1)(b) and (c) of this section, to | 483 |
act as a police
officer elsewhere, within the territory of a | 484 |
municipal
corporation or within the unincorporated area of a | 485 |
county, if the
chief of police of that municipal corporation or | 486 |
the sheriff of
that county, respectively, has granted approval for | 487 |
that activity
to the hospital, police department, or security | 488 |
department served
by the person as a police officer and if the | 489 |
person, when
engaging in that activity, is directly in the | 490 |
discharge of
the person's duties as a police officer for the | 491 |
hospital. The
approval
described in this division may be general | 492 |
in nature or may be
limited in scope, duration, or applicability, | 493 |
as determined by
the chief of police or sheriff granting the | 494 |
approval. | 495 |
(3) Police officers appointed under division (D)(1) of
this | 496 |
section shall hold office for three years, unless, for good
cause | 497 |
shown, their commission is revoked by the secretary of state or by | 498 |
the hospital, as provided by law. As used in divisions (D)(1) to | 499 |
(3) of this section, "public hospital agency" and "nonprofit | 500 |
hospital agency" have the same meanings as in section 140.01 of | 501 |
the Revised Code. | 502 |
(E)(1) Upon the application of any owner or operator of an | 503 |
amusement park that has an average yearly attendance in excess of | 504 |
six hundred thousand guests and that employs and maintains its own | 505 |
proprietary police department or security department and is | 506 |
subject to section 4973.171 of the Revised Code, any judge of the | 507 |
municipal court or county court that has territorial jurisdiction | 508 |
over the amusement park may appoint and commission any persons | 509 |
that the owner or operator designates, or as many of those persons | 510 |
as the judge considers proper, to act as police officers for the | 511 |
amusement park. If the amusement park is located in more than one | 512 |
county, any judge of the municipal court or county court of any of | 513 |
those counties may make the appointments and commissions as | 514 |
described in this division. No person who is appointed as a police | 515 |
officer under this division shall engage in any duties or | 516 |
activities as a police officer for the amusement park or any | 517 |
affiliate or subsidiary of the owner or operator of the amusement | 518 |
park unless all of the following apply: | 519 |
(a) The chief of police of the municipal corporation or | 520 |
township in which the amusement park is located or partially | 521 |
located has granted approval to the owner or operator of the | 522 |
amusement park to permit persons appointed as police officers | 523 |
under this division to engage in those duties and activities. The | 524 |
approval required by this division is general in nature and is | 525 |
intended to cover in the aggregate all persons appointed as police | 526 |
officers for the amusement park under this division. A separate | 527 |
approval is not required for each appointee on an individual | 528 |
basis. | 529 |
(b) Subsequent to the grant of approval described in division | 530 |
(E)(1)(a) of this section, the owner or operator has entered into | 531 |
a written agreement with the chief of police of the municipal | 532 |
corporation or township in which the amusement park is located | 533 |
that sets forth the standards and criteria to govern the | 534 |
interaction and cooperation between persons appointed as police | 535 |
officers for the amusement park under this division and law | 536 |
enforcement officers serving the agency represented by the chief | 537 |
of police who signed the agreement. The written agreement shall be | 538 |
signed by the owner or operator and by the chief of police. The | 539 |
standards and criteria may include, but are not limited to, | 540 |
provisions governing the reporting of offenses discovered by the | 541 |
amusement park's police officers to the agency represented by the | 542 |
chief of police, provisions governing investigatory | 543 |
responsibilities relative to offenses committed on amusement park | 544 |
property, and provisions governing the processing and confinement | 545 |
of persons arrested for offenses committed on amusement park | 546 |
property. The agreement required by this division is intended to | 547 |
apply in the aggregate to all persons appointed as police officers | 548 |
for the amusement park under this division and to all of the owner | 549 |
or operator's contiguous real property, whether in one county or | 550 |
two counties, and whether in one or more townships or | 551 |
municipalities. A separate agreement is not required for each | 552 |
appointee on an individual basis. | 553 |
(c) The person has successfully completed a training program | 554 |
approved by the Ohio peace officer training commission and has | 555 |
been certified by the commission. A person appointed as a police | 556 |
officer under this division may attend a training program approved | 557 |
by the commission and be certified by the commission regardless of | 558 |
whether the appropriate chief of police has granted the approval | 559 |
described in division (E)(1)(a) of this section and regardless of | 560 |
whether the owner or operator of the amusement park has entered | 561 |
into the written agreement described in division (E)(1)(b) of this | 562 |
section with the appropriate chief of police. | 563 |
(2)(a) A person who is appointed as a police officer under | 564 |
division (E)(1) of this section is entitled, upon the grant of | 565 |
approval described in section (E)(1)(a) of this section and upon | 566 |
the person's and the owner or operator's compliance with the | 567 |
requirements of division (E)(1)(b) and (c) of this section, to act | 568 |
as a police officer for the amusement park and its affiliates and | 569 |
subsidiaries that are within the territory of the municipal | 570 |
corporation or township served by the chief of police who signed | 571 |
the written agreement described in division (E)(1)(b) of this | 572 |
section, and upon any contiguous real property of the amusement | 573 |
park, whether within or adjacent to the municipality or township. | 574 |
The authority to act as a police officer as described in this | 575 |
division is granted only if the person, when engaging in that | 576 |
activity, is directly in the discharge of the person's duties as a | 577 |
police officer for the amusement park. The authority to act as a | 578 |
police officer as described in this division shall be exercised in | 579 |
accordance with the standards and criteria set forth in the | 580 |
written agreement described in division (E)(1)(b) of this section. | 581 |
(b) Additionally, a person appointed as a police officer | 582 |
under division (E)(1) of this section is entitled, upon the grant | 583 |
of approval described in division (E)(1)(a) of this section and | 584 |
upon the person's and the owner or operator's compliance with the | 585 |
requirements of divisions (E)(1)(b) and (c) of this section, to | 586 |
act as a police officer elsewhere within the territory of a | 587 |
municipal corporation or township if the chief of police of that | 588 |
municipal corporation or township has granted approval for that | 589 |
activity to the owner or operator served by the person as a police | 590 |
officer and if the person, when engaging in that activity, is | 591 |
directly in the discharge of the person's duties as a police | 592 |
officer for the amusement park. The approval described in this | 593 |
division may be general in nature or may be limited in scope, | 594 |
duration, or applicability, as determined by the chief of police | 595 |
granting the approval. | 596 |
(B)(1) The governor shall not appoint or
commission a person | 607 |
as a police officer for a railroad company
under division (B) of | 608 |
section 4973.17 of the
Revised Code and shall not appoint or | 609 |
commission
a person as a police officer for a hospital under | 610 |
division
(D) of section 4973.17 of the Revised
Code on a permanent | 611 |
basis, on a temporary basis, for a
probationary term, or on other | 612 |
than a permanent basis if the
person previously has been convicted | 613 |
of or has pleaded guilty to
a felony. | 614 |
(b) The governor shall suspend the appointment
or commission | 626 |
of a person appointed or commissioned as a police
officer for a | 627 |
railroad company or as a police officer for a
hospital under | 628 |
division (B) or (D) of section
4973.17 of the Revised Code if that | 629 |
person is
convicted, after trial, of a felony. If the person
files | 630 |
an appeal from that conviction and the conviction is upheld
by the | 631 |
highest court to which the
appeal is taken or if the person
does | 632 |
not file a timely appeal,
the governor shall revoke the | 633 |
appointment or commission of that
person as a police officer for a | 634 |
railroad company or as a police
officer for a hospital. If the | 635 |
person files an appeal that
results in that person's acquittal of | 636 |
the felony or
conviction of a misdemeanor, or in
the dismissal of | 637 |
the felony charge against that person, the
governor shall | 638 |
reinstate the appointment or commission of that
person as a police | 639 |
officer for a railroad company or as a police
officer for a | 640 |
hospital. A person whose appointment or commission
is reinstated | 641 |
under division (B)(2)(b) of
this section shall not receive any | 642 |
back pay unless that person's conviction
of the felony was | 643 |
reversed on appeal, or the
felony charge was dismissed, because | 644 |
the court
found insufficient evidence to convict the person of the | 645 |
felony. | 646 |
(C)(1) A judge of a municipal court or county court that has | 654 |
territorial jurisdiction over an amusement park shall not appoint | 655 |
or commission a person as a police officer for the amusement park | 656 |
under division (E) of section 4973.17 of the Revised Code on a | 657 |
permanent basis, on a temporary basis, for a probationary term, or | 658 |
on other than a permanent basis if the person previously has been | 659 |
convicted of or has pleaded guilty to a felony. | 660 |
(3) The judge shall suspend the appointment or commission of | 671 |
a person appointed or commissioned as a police officer for an | 672 |
amusement park under division (E) of section 4973.17 of the | 673 |
Revised Code if that person is convicted, after trial, of a | 674 |
felony. If the person files an appeal from that conviction and | 675 |
that conviction is upheld by the highest court to which the appeal | 676 |
is taken or if the person does not file a timely appeal, the judge | 677 |
shall revoke the appointment or commission of that person as a | 678 |
police officer for an amusement park. If the person files an | 679 |
appeal that results in that person's acquittal of the felony or | 680 |
conviction of a misdemeanor or in the dismissal of the felony | 681 |
charge against that person, the judge shall reinstate the | 682 |
appointment or commission of that person as a police officer for | 683 |
an amusement park. A person whose appointment or commission is | 684 |
reinstated under division (C)(2)(b) of this section shall not | 685 |
receive any back pay unless that person's conviction of the felony | 686 |
was reversed on appeal, or the felony charge was dismissed, | 687 |
because the court found insufficient evidence to convict the | 688 |
person of a felony. | 689 |
Section 3. Section 109.71 of the Revised Code is presented | 698 |
in this act
as a composite of the section as amended by both
Sub. | 699 |
H.B. 545 and H.B. 675 of the 124th General Assembly. The General | 700 |
Assembly, applying the
principle stated in division (B) of section | 701 |
1.52 of the Revised
Code that amendments are to be harmonized if | 702 |
reasonably capable of
simultaneous operation, finds that the | 703 |
composite is the resulting
version of the section in effect prior | 704 |
to the effective date of
the section as presented in this act. | 705 |