Section 1. That sections 2901.13, 2909.21, 2923.31, 2933.51, | 75 |
2935.03, 4507.08, 4561.99, 4931.49, and 5502.03 be amended and | 76 |
sections 9.63, 2909.26, 2909.27, 2909.28, 2909.29, 2909.30, | 77 |
2909.31, 2909.32, 2909.33, 2909.34, 2921.29, 3750.22, 4561.26, | 78 |
4563.30, and 5502.012 of the Revised Code be enacted to read as | 79 |
follows: | 80 |
Sec. 9.63. (A) Notwithstanding any law, ordinance, or | 81 |
collective bargaining contract to the contrary, no state or local | 82 |
employee shall unreasonably fail to comply with any lawful request | 83 |
for assistance made by any federal authorities carrying out the | 84 |
provisions of the USA Patriot Act, any federal immigration or | 85 |
terrorism investigation, or any executive order of the president | 86 |
of the United States pertaining to homeland security, to the | 87 |
extent that the request is consistent with the doctrine of | 88 |
federalism. | 89 |
(C)(1) Any municipal corporation that enacts any ordinance, | 97 |
policy, directive, rule, or resolution that materially hinders or | 98 |
prevents local employees from complying with the USA Patriot Act | 99 |
or any executive order of the president of the United States | 100 |
pertaining to homeland security or that materially hinders or | 101 |
prevents local employees from cooperating with state or federal | 102 |
immigration services or terrorism investigations shall be | 103 |
ineligible to receive any homeland security funding available from | 104 |
the state. | 105 |
(2) Whenever the director of public safety determines that a | 106 |
municipal corporation has enacted any ordinance, policy, | 107 |
directive, rule, or resolution that materially hinders or prevents | 108 |
local employees from complying with the USA Patriot Act or any | 109 |
executive order of the president of the United States pertaining | 110 |
to homeland security or from cooperating with state or federal | 111 |
immigration services or terrorism investigations, the director | 112 |
shall certify that the municipal corporation is ineligible to | 113 |
receive any homeland security funding from the state and shall | 114 |
notify the general assembly of that ineligibility. That municipal | 115 |
corporation shall remain ineligible to receive any homeland | 116 |
security funding from the state until the director certifies that | 117 |
the ordinance, policy, directive, rule, or resolution has been | 118 |
repealed. | 119 |
(D)(1) If a local employee states disagreement with, or a | 120 |
critical opinion of, the USA Patriot Act, any federal immigration | 121 |
or terrorism policy, or any executive order of the president of | 122 |
the United States pertaining to homeland security, the statement | 123 |
of disagreement with or critical opinion of the Act or order is | 124 |
not sufficient to qualify for purposes of division (A) of this | 125 |
section as unreasonable noncompliance with a request for | 126 |
assistance made by any federal authorities carrying out the | 127 |
provisions of the USA Patriot Act, any federal immigration or | 128 |
terrorism investigation, or any executive order of the president | 129 |
of the United States pertaining to homeland security. | 130 |
(2) If a municipal corporation enacts an ordinance, policy, | 131 |
directive, rule, or resolution that states disagreement with, or a | 132 |
critical opinion of, any state or federal immigration or terrorism | 133 |
policy, the USA Patriot Act, or any executive order of the | 134 |
president of the United States pertaining to homeland security, | 135 |
the statement of the disagreement with, or the critical opinion | 136 |
of, the policy, Act, or order is not sufficient to qualify for | 137 |
purposes of divisions (B), (C), and (D) of this section as a | 138 |
"material hindrance or prevention" of local employees from | 139 |
cooperating with federal immigration services and terrorism | 140 |
investigations or from complying with the USA Patriot Act or any | 141 |
executive order of the president of the United States pertaining | 142 |
to homeland security. | 143 |
(a) A violation of section 2903.03, 2903.04, 2905.01, | 162 |
2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, | 163 |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 164 |
2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a | 165 |
violation of
section 2903.11 or 2903.12 of the Revised Code if the | 166 |
victim is
a peace officer, a violation of section 2903.13 of the | 167 |
Revised Code that is a
felony, or a
violation of former section | 168 |
2907.12 of the Revised Code; | 169 |
(E) A prosecution is commenced on the date an indictment
is | 190 |
returned or an information filed, or on the date a lawful
arrest | 191 |
without a warrant is made, or on the date a warrant,
summons, | 192 |
citation, or other process is issued, whichever occurs
first. A | 193 |
prosecution is not commenced by the return of an
indictment or the | 194 |
filing of an information unless reasonable
diligence is exercised | 195 |
to issue and execute process on the same.
A prosecution is not | 196 |
commenced upon issuance of a warrant,
summons, citation, or other | 197 |
process, unless reasonable diligence
is exercised to execute the | 198 |
same. | 199 |
(I) "Material support or resources" means currency, payment | 281 |
instruments, other
financial securities, funds, transfer of funds, | 282 |
financial services, communications,
lodging, training,
safehouses | 283 |
safe houses, false documentation or
identification, communications | 284 |
equipment, facilities, weapons,
lethal substances, explosives, | 285 |
personnel, transportation, and
other physical assets, except | 286 |
medicine or religious materials. | 287 |
(D)(M)
"Response costs" means all costs a political | 298 |
subdivision
incurs as a result of, or in making any response to, a | 299 |
threat of a
specified offense made as described in section 2909.23 | 300 |
of the
Revised Code
or a specified offense committed as described | 301 |
in
section 2909.24
of the Revised Code, including, but not limited | 302 |
to, all costs so
incurred by any law enforcement officers, | 303 |
firefighters, rescue
personnel, or emergency medical services | 304 |
personnel of the
political subdivision and all costs so incurred | 305 |
by the political
subdivision that relate to laboratory testing or | 306 |
hazardous
material cleanup. | 307 |
(P) "United States department of state terrorist exclusion | 322 |
list" means the list compiled by the United States secretary of | 323 |
state, in consultation with or upon the request of the United | 324 |
States attorney general, that designates terrorist organizations | 325 |
for immigration purposes, as authorized by the "Uniting and | 326 |
Strengthening America by Providing Appropriate Tools Required to | 327 |
Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001," | 328 |
Pub. L. No. 107-056, 115 Stat. 272, as amended. | 329 |
Sec. 2909.28. (A) No person, with the intent to manufacture | 404 |
a chemical weapon, biological weapon, radiological or nuclear | 405 |
weapon, or explosive device, shall knowingly assemble or possess | 406 |
one or more toxins, toxic chemicals, precursors of toxic | 407 |
chemicals, vectors, biological agents, or hazardous radioactive | 408 |
substances, including, but not limited to, those listed by the | 409 |
department of public safety in rules adopted pursuant to division | 410 |
(C) of section 5502.012 of the Revised Code, that may be used to | 411 |
manufacture a chemical weapon, biological weapon, radiological or | 412 |
nuclear weapon, or explosive device. | 413 |
(B) In a prosecution under this section, it is not necessary | 414 |
to allege or prove that the offender assembled or possessed all | 415 |
chemicals or substances necessary to manufacture a chemical | 416 |
weapon, biological weapon, radiological or nuclear weapon, or | 417 |
explosive device. The assembly or possession, with the intent to | 418 |
manufacture a chemical weapon, biological weapon, radiological or | 419 |
nuclear weapon, or explosive device, of a single chemical or | 420 |
substance that may be used in the manufacture of a chemical | 421 |
weapon, biological weapon, radiological or nuclear weapon, or | 422 |
explosive device is sufficient to violate this section. | 423 |
(C) Whoever violates this section is guilty of illegal | 424 |
assembly or possession of chemicals or substances for the | 425 |
manufacture of a chemical weapon, biological weapon, radiological | 426 |
or nuclear weapon, or explosive device. Illegal assembly or | 427 |
possession of chemicals or substances for the manufacture of a | 428 |
chemical weapon, biological weapon, radiological or nuclear | 429 |
weapon, or explosive device is a felony of the fourth degree. | 430 |
(2) A violation of division (A)(1) of this section is a | 462 |
felony of the fifth degree if the total value of the property | 463 |
involved in the transaction or transactions equals or exceeds one | 464 |
thousand dollars and is less than five thousand dollars. A | 465 |
violation of division (A)(2), (B)(1), or (B)(2) of this section is | 466 |
a felony of the fifth degree if the total value of the property | 467 |
involved in the transaction or transactions or monetary instrument | 468 |
or instruments equals or exceeds two thousand dollars and is less | 469 |
than five thousand dollars. | 470 |
(B) If the department of rehabilitation and correction has | 490 |
custody of an alien who is serving a prison term, at least ninety | 491 |
days before releasing the alien from the department's custody upon | 492 |
completion of the term or for any other reason or not later than | 493 |
ten days after learning that the alien is to be released from the | 494 |
department's custody, whichever is later, the department shall | 495 |
contact the immigration and customs enforcement section of the | 496 |
United States department of homeland security and inquire as to | 497 |
whether the section wishes custody of the alien to be transferred | 498 |
to the section. | 499 |
(B) If a person refuses to show identification under the | 515 |
circumstances described in division (A) of this section, the law | 516 |
enforcement officer may detain that person at the location or its | 517 |
immediate vicinity for the purpose of determining the person's | 518 |
name, address, and date of birth. This division does not limit or | 519 |
affect any other authority that the officer may have under law to | 520 |
detain the person for any other reason or for any other length of | 521 |
time and does not limit or affect any authority that the officer | 522 |
may have under law to arrest the person. | 523 |
Sec. 2909.32. (A)(1) The director of public safety shall | 524 |
adopt rules in accordance with Chapter 119. of the Revised Code | 525 |
identifying licenses issued by the state for which the holder of | 526 |
any of the identified licenses would present a potential risk to | 527 |
the residents of the state if the applicant has a connection to a | 528 |
terrorist organization. In no case shall the rules identify a | 529 |
driver's license or permit as a license of that nature if the | 530 |
applicant for the license or permit, or for renewal of the license | 531 |
or permit, is a resident of this state; this restriction does not | 532 |
apply regarding nonrenewable licenses and temporary residents of | 533 |
this state who apply for nonrenewable licenses. | 534 |
(2)(a) The director of public safety shall develop a | 535 |
questionnaire to be used for purposes of this section by | 536 |
applicants for any license or for renewal of any license | 537 |
identified by the director pursuant to division (A)(1) of this | 538 |
section to indicate whether they have provided material assistance | 539 |
to an organization that is listed on the United States department | 540 |
of state terrorist exclusion list. The questionnaire shall be | 541 |
substantially in the form set forth in division (A)(2)(b) of this | 542 |
section and shall be made available to each issuing agency of a | 543 |
license identified by the director pursuant to division (A)(1) of | 544 |
this section. The director also shall make available to each | 545 |
issuing agency of a license identified by the director pursuant to | 546 |
division (A)(1) of this section a then-current copy of the United | 547 |
States department of state terrorist exclusion list. Each | 548 |
applicant for a license identified by the director pursuant to | 549 |
division (A)(1) of this section shall complete the questionnaire, | 550 |
and any answer of "yes" to any of the questions shall serve for | 551 |
purposes of this section as a disclosure by the applicant that the | 552 |
applicant has provided material assistance to an organization that | 553 |
is listed on the United States department of state terrorist | 554 |
exclusion list. | 555 |
For purposes of question 5 on this questionnaire, "material | 583 |
support or resources" means currency, payment instruments, other | 584 |
financial securities, funds, transfer of funds, financial | 585 |
services, communications, lodging, training, safe houses, false | 586 |
documentation or identification, communications equipment, | 587 |
facilities, weapons, lethal substances, explosives, personnel, | 588 |
transportation, and other physical assets, except medicine or | 589 |
religious materials." | 590 |
(B) All applicants for any license or for renewal of any | 591 |
license identified by the director of public safety pursuant to | 592 |
division (A)(1) of this section shall answer each question on the | 593 |
questionnaire developed by the director of public safety under | 594 |
division (A)(2) of this section and shall attach the completed | 595 |
questionnaire to the application for the license or for renewal of | 596 |
the license that the person submits. Any answer of "yes" to any of | 597 |
the questions shall serve for purposes of this section as a | 598 |
disclosure by the applicant that the applicant has provided | 599 |
material assistance to an organization that is listed on the | 600 |
United States department of state terrorist exclusion list. | 601 |
(b) That, at the time of the applicant's provision of | 619 |
material assistance to the organization that is listed on the | 620 |
United States department of state terrorist exclusion list that | 621 |
was disclosed in the application, the organization was not on that | 622 |
terrorist exclusion list if the list was in existence at that time | 623 |
or, if the list was not in existence at that time, the | 624 |
organization was not involved in any activity or conduct that | 625 |
would have merited the inclusion of the organization on that list | 626 |
had it been in existence at that time. | 627 |
(2) That, within the period commencing on the date ten years | 628 |
prior to the applicant's making of the application and ending on | 629 |
the date on which the department conducts the review, the | 630 |
applicant has not provided material assistance to any organization | 631 |
that was listed on the United States department of state terrorist | 632 |
exclusion list or, regarding any time during that period during | 633 |
which that terrorist exclusion list was not in existence, to any | 634 |
organization that was involved in any activity or conduct that | 635 |
would have merited the inclusion of the organization on that list | 636 |
had it been in existence at that time; | 637 |
(E) The failure of an applicant for a license identified | 644 |
pursuant to division (A)(1) of this section to complete and attach | 645 |
to the application the questionnaire described in division (A)(2) | 646 |
of this section, the failure to disclose in an application for the | 647 |
license or for the renewal of the license any material assistance | 648 |
to any organization listed on the United States department of | 649 |
state terrorist exclusion list, or the making of false statements | 650 |
regarding any material assistance to any organization listed on | 651 |
the United States department of state terrorist exclusion list | 652 |
shall result in the denial of the application and in the | 653 |
revocation of the person's license. | 654 |
Sec. 2909.33. (A) The director of public safety shall | 677 |
develop a questionnaire to be used for purposes of this section by | 678 |
the state, instrumentalities of the state, and political | 679 |
subdivisions of the state in determining whether any person, | 680 |
company, affiliated group, or organization with which the state, | 681 |
instrumentality, or political subdivision might conduct business | 682 |
or provide funding, or any person who holds, owns, or otherwise | 683 |
has a controlling interest in a company, affiliated group, or | 684 |
organization and with whom the state, instrumentality, or | 685 |
political subdivision might conduct business or provide funding, | 686 |
has provided material assistance to an organization that is listed | 687 |
on the United States department of state terrorist exclusion list. | 688 |
The questionnaire required under this division shall be | 689 |
substantially in the form set forth in division (A)(2)(b) of | 690 |
section 2909.32 of the Revised Code, shall include the questions | 691 |
described in that division and the associated spaces for answering | 692 |
the questions, and shall be made available to the state, | 693 |
instrumentalities of the state, and political subdivisions of the | 694 |
state. The director also shall make available to the state, | 695 |
instrumentalities of the state, and political subdivisions of the | 696 |
state a then-current copy of the United States department of state | 697 |
terrorist exclusion list. The questionnaire and a then-current | 698 |
copy of the United States department of state terrorist exclusion | 699 |
list shall be provided to each person, company, affiliated group, | 700 |
or organization, and each person who holds, owns, or otherwise has | 701 |
a controlling interest in a company, affiliated group, or | 702 |
organization, with which the state, instrumentality, or political | 703 |
subdivision might conduct business or provide funding before the | 704 |
state, instrumentality, or political subdivision conducts the | 705 |
business or provides the funding. | 706 |
Each person, company, affiliated group, or organization with | 707 |
which the state, instrumentality, or political subdivision might | 708 |
conduct business or provide funding, and each person who holds, | 709 |
owns, or otherwise has a controlling interest in a company, | 710 |
affiliated group, or organization and with whom the state, | 711 |
instrumentality, or political subdivision might conduct business | 712 |
or provide funding, and that is provided a copy of the | 713 |
questionnaire under this division shall complete the | 714 |
questionnaire, and any answer of "yes" to any of the questions | 715 |
shall serve for purposes of this section as a disclosure by the | 716 |
person, company, affiliated group, or organization that the | 717 |
person, company, affiliated group, or organization has provided | 718 |
material assistance to an organization that is listed on the | 719 |
United States department of state terrorist exclusion list. | 720 |
(B) Subject to divisions (C) and (D) of this section, no | 721 |
state instrumentality or political subdivision of the state shall | 722 |
conduct any business with or provide funding to any person, | 723 |
company, affiliated group, or organization that provides material | 724 |
assistance to any organization listed on the United States | 725 |
department of state terrorist exclusion list or conduct any | 726 |
business with or provide funding to any person who holds, owns, or | 727 |
otherwise has a controlling interest in a company, affiliated | 728 |
group, or organization that provides material assistance to any | 729 |
organization on the United States department of state terrorist | 730 |
exclusion list. | 731 |
(C) Subject to division (D) of this section, any person, | 732 |
company, affiliated group, or organization, and any person who | 733 |
holds, owns, or otherwise has a controlling interest in a company, | 734 |
affiliated group, or organization, that conducts any business with | 735 |
or receives funding from the state, an instrumentality of the | 736 |
state, or a political subdivision of the state and that provides | 737 |
material assistance to any organization listed on the United | 738 |
States department of state terrorist exclusion list shall be | 739 |
prohibited from conducting any business with or receiving funding | 740 |
from the state, an instrumentality of the state, or a political | 741 |
subdivision of the state for a period of five years. | 742 |
(D) The department of public safety, upon the request of any | 743 |
person, company, affiliated group, or organization that discloses | 744 |
in a questionnaire provided under division (A) of this section | 745 |
that the person, company, affiliated group, or organization, or | 746 |
the company, affiliated group, or organization in which the person | 747 |
holds, owns, or otherwise has a controlling interest, has provided | 748 |
material assistance to an organization that is listed on the | 749 |
United States department of state terrorist exclusion list, shall | 750 |
review, within thirty days of the request, whether the | 751 |
restrictions set forth in divisions (B) and (C) of this section | 752 |
should apply to the person, company, affiliated group, or | 753 |
organization and shall order that those restrictions do not apply | 754 |
to the person, company, affiliated group, or organization if the | 755 |
department determines all of the following: | 756 |
(b) That, at the time of the person's, company's, affiliated | 765 |
group's, or organization's provision of material assistance to the | 766 |
organization that is listed on the United States department of | 767 |
state terrorist exclusion list that was disclosed in the | 768 |
application, the organization was not on that terrorist exclusion | 769 |
list if the list was in existence at that time or, if the list was | 770 |
not in existence at that time, the organization was not involved | 771 |
in any activity or conduct that would have merited the inclusion | 772 |
of the organization on that list had it been in existence at that | 773 |
time. | 774 |
(2) That, within the period commencing on the date ten years | 775 |
prior to the person's, company's, affiliated group's, or | 776 |
organization's completion of the questionnaire and ending on the | 777 |
date on which the department conducts the review, the person, | 778 |
company, affiliated group, or organization has not provided | 779 |
material assistance to any organization that was listed on the | 780 |
United States department of state terrorist exclusion list or, | 781 |
regarding any time during that period during which that terrorist | 782 |
exclusion list was not in existence, to any organization that was | 783 |
involved in any activity or conduct that would have merited the | 784 |
inclusion of the organization on that list had it been in | 785 |
existence at that time; | 786 |
(E)(1) Any person, company, affiliated group, or | 793 |
organization, and any person who holds, owns, or otherwise has a | 794 |
controlling interest in a company, affiliated group, or | 795 |
organization, that conducts any business with or receives funding | 796 |
in an amount greater than twenty-five thousand dollars annually | 797 |
from the state, an instrumentality of the state, or a political | 798 |
subdivision of the state, not including any amount of a personal | 799 |
benefit, shall first certify that the person, company, affiliated | 800 |
group, or organization does not provide material assistance to any | 801 |
organization on the United States department of state terrorist | 802 |
exclusion list. The certification may be made by the completion of | 803 |
the questionnaire provided under division (A) of this section, in | 804 |
accordance with that division. | 805 |
(2) Any person, company, affiliated group, or organization, | 806 |
and any person who holds, owns, or otherwise has a controlling | 807 |
interest in a company, affiliated group, or organization, that | 808 |
conducts any business with or receives funding from the state, an | 809 |
instrumentality of the state, or a political subdivision of the | 810 |
state that makes a false certification that it does not provide | 811 |
material assistance to any organization listed on the United | 812 |
States department of state terrorist exclusion list shall be | 813 |
permanently banned from conducting business with or receiving | 814 |
funding from the state, an instrumentality of the state, or a | 815 |
political subdivision of the state and is guilty of a misdemeanor | 816 |
of the first degree. | 817 |
(F) Division (B) of this section does not apply to any | 818 |
investment in any company that is publicly traded in any United | 819 |
States market and does not prohibit, limit, or restrict a state | 820 |
instrumentality or political subdivision of this state from | 821 |
investing in any company that is publicly traded in any United | 822 |
States market. The investment by the state, an instrumentality of | 823 |
the state, or a political subdivision of the state in a company | 824 |
that is publicly traded in any United States market shall not be | 825 |
considered for purposes of division (C) of this section as the | 826 |
state, the instrumentality, or the political subdivision | 827 |
conducting business with or providing funding to the company. | 828 |
Sec. 2909.34. (A) The director of public safety shall | 835 |
develop a questionnaire to be used for purposes of this section by | 836 |
the state, instrumentalities of the state, and political | 837 |
subdivisions of the state in determining whether any potential | 838 |
employee has provided material assistance to an organization that | 839 |
is listed on the United States department of state terrorist | 840 |
exclusion list. The questionnaire required under this division | 841 |
shall be substantially in the form set forth in division (A)(2)(b) | 842 |
of section 2909.32 of the Revised Code, shall include the | 843 |
questions described in that division and the associated spaces for | 844 |
answering the questions, and shall be made available to the state, | 845 |
instrumentalities of the state, and political subdivisions of the | 846 |
state. The director also shall make available to the state, | 847 |
instrumentalities of the state, and political subdivisions of the | 848 |
state a then-current copy of the United States department of state | 849 |
terrorist exclusion list. The questionnaire and a then-current | 850 |
copy of the United States department of state terrorist exclusion | 851 |
list shall be provided to each person under final consideration | 852 |
for employment with the state, a state instrumentality, or a | 853 |
political subdivision before the person is employed by the state, | 854 |
instrumentality, or political subdivision. | 855 |
(C) Subject to division (D) of this section, if a person | 864 |
under final consideration for employment with the state, a state | 865 |
instrumentality, or a political subdivision of the state discloses | 866 |
on the questionnaire provided under division (A) of this section | 867 |
the provision of material assistance to an organization that is | 868 |
listed on the United States department of state terrorist | 869 |
exclusion list, the state, state instrumentality, or political | 870 |
subdivision shall not employ the person. | 871 |
(b) That, at the time of the person's provision of material | 884 |
assistance to the organization that is listed on the United States | 885 |
department of state terrorist exclusion list that was disclosed in | 886 |
the application, the organization was not on that terrorist | 887 |
exclusion list if the list was in existence at that time or, if | 888 |
the list was not in existence at that time, the organization was | 889 |
not involved in any activity or conduct that would have merited | 890 |
the inclusion of the organization on that list had it been in | 891 |
existence at that time. | 892 |
(2) That, within the period commencing on the date ten years | 893 |
prior to the person's completion of the questionnaire and ending | 894 |
on the date on which the department conducts the review, the | 895 |
person has not provided material assistance to any organization | 896 |
that was listed on the United States department of state terrorist | 897 |
exclusion list or, regarding any time during that period during | 898 |
which that terrorist exclusion list was not in existence, to any | 899 |
organization that was involved in any activity or conduct that | 900 |
would have merited the inclusion of the organization on that list | 901 |
had it been in existence at that time; | 902 |
(C) "Enterprise" includes any individual, sole | 956 |
proprietorship, partnership, limited partnership, corporation, | 957 |
trust, union, government agency, or other legal entity, or any | 958 |
organization, association, or group of persons associated in fact | 959 |
although not a legal entity. "Enterprise" includes illicit as
well | 960 |
as licit enterprises. | 961 |
For the purposes of the criminal penalties that may be | 982 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 983 |
one of the incidents forming the pattern shall constitute a
felony | 984 |
under the laws of this state in existence at the time it was | 985 |
committed or, if committed in violation
of the laws of the United | 986 |
States or of any other state, shall
constitute a felony under the | 987 |
law of the United States or
the other state and would be a | 988 |
criminal offense under the law of this
state if committed in this | 989 |
state. | 990 |
(H) "Personal property" means any personal property, any | 998 |
interest in personal property, or any right, including, but not | 999 |
limited to, bank accounts, debts, corporate stocks, patents, or | 1000 |
copyrights. Personal property and any beneficial interest in | 1001 |
personal property are deemed to be located where the trustee of | 1002 |
the property, the personal property, or the instrument evidencing | 1003 |
the right is located. | 1004 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 1012 |
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 1013 |
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 1014 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 1015 |
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, | 1016 |
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, | 1017 |
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division | 1018 |
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) | 1019 |
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of | 1020 |
section 1707.44; division
(A)(1) or (2) of
section 2923.20; | 1021 |
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or | 1022 |
4719.06; division (C), (D), or
(E) of section
4719.07; section | 1023 |
4719.08; or division (A) of section 4719.09 of
the Revised Code. | 1024 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 1025 |
3769.19 of the
Revised Code as it existed prior to July 1, 1996, | 1026 |
any violation of section 2915.02 of the Revised Code that occurs | 1027 |
on or after
July 1, 1996, and that, had it occurred prior to that | 1028 |
date, would have been a
violation of section 3769.11 of the | 1029 |
Revised Code
as it existed prior to that date, or any violation of | 1030 |
section 2915.05 of the
Revised Code that occurs on or after July | 1031 |
1, 1996, and
that, had it occurred prior to that date, would
have | 1032 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 1033 |
Revised
Code as it existed prior to that date. | 1034 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 1035 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 1036 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 1037 |
of the
Revised Code, any violation of section 2925.11 of the | 1038 |
Revised Code that is a
felony of the first, second, third, or | 1039 |
fourth degree and that occurs on or
after July 1, 1996, any | 1040 |
violation of section 2915.02 of the Revised Code
that occurred | 1041 |
prior to July 1, 1996, any violation of section 2915.02 of the | 1042 |
Revised Code that occurs on or after July 1, 1996, and that, had | 1043 |
it occurred
prior to that date, would not
have been a violation of | 1044 |
section 3769.11 of the Revised Code as it existed
prior to that | 1045 |
date, any violation of section 2915.06 of the Revised Code as it | 1046 |
existed prior to July 1, 1996, or any violation of
division (B) of | 1047 |
section 2915.05 of the Revised Code as it
exists on and after July | 1048 |
1, 1996, when the proceeds of the violation, the
payments made in | 1049 |
the violation, the amount of a claim for payment or for
any other | 1050 |
benefit that is false or deceptive and that is involved
in the | 1051 |
violation, or the value of the contraband or other
property | 1052 |
illegally possessed, sold, or purchased in the violation
exceeds | 1053 |
five hundred dollars, or any combination of violations described | 1054 |
in
division (I)(2)(c) of this section when the total proceeds of | 1055 |
the combination
of violations, payments made in the combination of | 1056 |
violations,
amount of the claims for payment or for other benefits | 1057 |
that is
false or deceptive and that is involved in the combination | 1058 |
of
violations, or value of the contraband or other property | 1059 |
illegally possessed, sold, or purchased in the combination of | 1060 |
violations exceeds five hundred dollars; | 1061 |
(e) Any violation or combination of violations of section | 1064 |
2907.32 of the Revised Code involving any material or performance | 1065 |
containing a display of bestiality or of sexual conduct, as | 1066 |
defined in section 2907.01 of the Revised Code, that is explicit | 1067 |
and depicted with clearly visible penetration of the genitals or | 1068 |
clearly visible penetration by the penis of any orifice when the | 1069 |
total proceeds of the violation or combination of violations, the | 1070 |
payments made in the violation or combination of violations, or | 1071 |
the value of the contraband or other property illegally
possessed, | 1072 |
sold, or purchased in the violation or combination of
violations | 1073 |
exceeds five hundred dollars; | 1074 |
(f) Any combination of violations described in division | 1075 |
(I)(2)(c) of this
section and violations of section
2907.32 of the | 1076 |
Revised Code involving any material or performance
containing a | 1077 |
display of bestiality or of sexual conduct, as
defined in section | 1078 |
2907.01 of the Revised Code, that is explicit
and depicted with | 1079 |
clearly visible penetration of the genitals or
clearly visible | 1080 |
penetration by the penis of any orifice when the
total proceeds of | 1081 |
the combination of violations, payments made in
the combination of | 1082 |
violations, amount of the claims for payment
or for other benefits | 1083 |
that is false or deceptive and that is
involved in the combination | 1084 |
of violations, or value of the
contraband or other property | 1085 |
illegally possessed, sold, or
purchased in the combination of | 1086 |
violations exceeds five hundred
dollars. | 1087 |
(L) "Unlawful debt" means any money or other thing of
value | 1109 |
constituting principal or interest of a debt that is
legally | 1110 |
unenforceable in this state in whole or in part because
the debt | 1111 |
was incurred or contracted in violation of any federal
or state | 1112 |
law relating to the business of gambling activity or
relating to | 1113 |
the business of lending money at an usurious rate
unless the | 1114 |
creditor proves, by a preponderance of the evidence,
that the | 1115 |
usurious rate was not intentionally set and that it
resulted from | 1116 |
a good faith error by the creditor, notwithstanding
the | 1117 |
maintenance of procedures that were adopted by the creditor
to | 1118 |
avoid an error of that nature. | 1119 |
(M) "Animal activity" means any activity that involves the | 1120 |
use of animals or animal parts, including, but not limited to, | 1121 |
hunting, fishing, trapping, traveling, camping, the production, | 1122 |
preparation, or processing of food or food products, clothing or | 1123 |
garment manufacturing, medical research, other research, | 1124 |
entertainment, recreation, agriculture, biotechnology, or service | 1125 |
activity that involves the use of animals or animal parts. | 1126 |
(N) "Animal facility" means a vehicle, building, structure, | 1127 |
nature preserve, or other premises in which an animal is lawfully | 1128 |
kept, handled, housed, exhibited, bred, or offered for sale, | 1129 |
including, but not limited to, a zoo, rodeo, circus, amusement | 1130 |
park, hunting preserve, or premises in which a horse or dog event | 1131 |
is held. | 1132 |
(O) "Animal or ecological terrorism" means the commission of | 1133 |
any felony that involves causing or creating a substantial risk of | 1134 |
physical harm to any property of another, the use of a deadly | 1135 |
weapon or dangerous ordnance, or purposely, knowingly, or | 1136 |
recklessly causing serious physical harm to property and that | 1137 |
involves an intent to obstruct, impede, or deter any person from | 1138 |
participating in a lawful animal activity, from mining, foresting, | 1139 |
harvesting, gathering, or processing natural resources, or from | 1140 |
being lawfully present in or on an animal facility or research | 1141 |
facility. | 1142 |
(A) "Wire communication" means an aural transfer that is
made | 1150 |
in whole or in part through the use of facilities for the | 1151 |
transmission of communications by the aid of wires or similar | 1152 |
methods of connecting the point of origin of the communication
and | 1153 |
the point of reception of the communication, including the use
of | 1154 |
a method of connecting the point of origin and the point of | 1155 |
reception of
the communication in a switching station, if the | 1156 |
facilities are furnished or
operated by a person engaged in | 1157 |
providing or operating the facilities for the
transmission of | 1158 |
communications. "Wire communication" includes an electronic | 1159 |
storage of a wire communication. | 1160 |
(1) A felony violation of section 1315.53, 1315.55, 2903.01, | 1219 |
2903.02,
2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02, | 1220 |
2907.21, 2907.22,
2909.02, 2909.03, 2909.04,
2909.22, 2909.23, | 1221 |
2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, | 1222 |
2911.11, 2911.12, 2913.02,
2913.04,
2913.42, 2913.51, 2915.02, | 1223 |
2915.03, 2917.01, 2917.02,
2921.02,
2921.03,
2921.04, 2921.32, | 1224 |
2921.34, 2923.20, 2923.32,
2925.03,
2925.04, 2925.05, or 2925.06 | 1225 |
or
of division (B) of
section 2915.05
of the Revised Code; | 1226 |
(L) "Special need" means a showing that a licensed
physician, | 1245 |
licensed practicing psychologist, attorney, practicing
cleric, | 1246 |
journalist, or either spouse is personally
engaging in
continuing | 1247 |
criminal activity, was engaged in continuing criminal
activity | 1248 |
over a period of time, or is committing, has committed,
or is | 1249 |
about to commit, a designated offense, or a showing that
specified | 1250 |
public facilities are being regularly used by someone
who is | 1251 |
personally engaging in continuing criminal activity, was
engaged | 1252 |
in continuing criminal activity over a period of time, or
is | 1253 |
committing, has committed, or is about to commit, a designated | 1254 |
offense. | 1255 |
(M) "Journalist" means a person engaged in, connected
with, | 1256 |
or employed by, any news media, including a newspaper,
magazine, | 1257 |
press
association, news agency, or wire service,
a radio or | 1258 |
television station, or a similar media, for the purpose of | 1259 |
gathering, processing, transmitting, compiling,
editing, or | 1260 |
disseminating news for the general public. | 1261 |
(5) Transmitted on a frequency allocated under part
25, | 1296 |
subpart D, E, or F of part 74, or
part 94 of the Rules of the | 1297 |
Federal
Communications Commission, as those provisions
existed on | 1298 |
July
1, 1996, unless, in the
case of a communication transmitted | 1299 |
on a frequency allocated
under part 74 that is not exclusively | 1300 |
allocated to broadcast
auxiliary services, the communication is a | 1301 |
two-way voice
communication by radio. | 1302 |
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, | 1329 |
deputy marshal, municipal police officer, township constable, | 1330 |
police officer of a township or joint township police district, | 1331 |
member of a police force employed by a metropolitan housing | 1332 |
authority under division (D) of section 3735.31 of the Revised | 1333 |
Code, member of a police force employed by a regional transit | 1334 |
authority
under division (Y) of section 306.35 of the Revised | 1335 |
Code, state university law enforcement officer appointed
under | 1336 |
section 3345.04 of the Revised Code, veterans' home
police
officer | 1337 |
appointed under section 5907.02 of the Revised Code,
special | 1338 |
police officer employed by a port authority under section
4582.04 | 1339 |
or 4582.28 of the Revised Code, or a special police
officer | 1340 |
employed by a municipal corporation at a municipal
airport, or | 1341 |
other municipal air navigation facility, that has
scheduled | 1342 |
operations, as defined in section 119.3 of Title 14 of
the Code of | 1343 |
Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is | 1344 |
required to be under a security program and is governed by | 1345 |
aviation security rules of the transportation security | 1346 |
administration of the United States department of transportation | 1347 |
as provided in Parts 1542. and 1544. of Title 49 of the Code of | 1348 |
Federal Regulations, as amended, shall
arrest and detain,
until a | 1349 |
warrant can be obtained, a
person found violating, within
the | 1350 |
limits of the political
subdivision, metropolitan housing | 1351 |
authority housing project, regional
transit authority facilities | 1352 |
or areas of a municipal corporation that
have been agreed to by a | 1353 |
regional transit authority and a municipal
corporation located | 1354 |
within its territorial
jurisdiction, college,
university, | 1355 |
veterans' home operated under Chapter 5907. of the Revised Code,
| 1356 |
port authority, or municipal airport or other
municipal air | 1357 |
navigation facility, in
which the peace
officer is
appointed, | 1358 |
employed, or elected, a law of this state,
an ordinance
of a | 1359 |
municipal corporation, or a resolution of a
township. | 1360 |
(3) The house sergeant at arms if the house sergeant at arms | 1367 |
has
arrest authority pursuant to division (E)(1) of section | 1368 |
101.311 of the Revised Code
and an assistant house sergeant at | 1369 |
arms shall arrest and detain, until a
warrant can be obtained, a | 1370 |
person found violating, within the limits of the
sergeant at
| 1371 |
arms's or assistant sergeant at
arms's territorial
jurisdiction | 1372 |
specified in division (D)(1)(a) of section 101.311
of
the Revised | 1373 |
Code or
while providing security pursuant to division
(D)(1)(f)
of | 1374 |
section 101.311 of the Revised Code, a
law of this
state, an | 1375 |
ordinance of a municipal corporation, or a resolution of
a | 1376 |
township. | 1377 |
(B)(1) When there is reasonable ground to believe that an | 1378 |
offense of violence, the offense of criminal child enticement as | 1379 |
defined in section 2905.05 of the Revised Code, the offense of | 1380 |
public indecency as defined in section 2907.09 of the Revised | 1381 |
Code, the offense of domestic violence as defined in section | 1382 |
2919.25 of the Revised Code, the offense of violating a protection | 1383 |
order as
defined in section 2919.27 of the Revised Code, the | 1384 |
offense of menacing by stalking
as defined in section 2903.211 of | 1385 |
the Revised Code, the offense
of aggravated trespass as defined in | 1386 |
section 2911.211 of the
Revised Code, a theft offense as defined | 1387 |
in section 2913.01 of
the Revised Code, or a felony drug abuse | 1388 |
offense as defined in
section 2925.01 of the Revised Code, has | 1389 |
been committed within
the limits of the political subdivision, | 1390 |
metropolitan housing
authority housing project,
regional
transit | 1391 |
authority facilities or those areas of a municipal corporation | 1392 |
that have
been agreed to by a regional transit authority and a | 1393 |
municipal corporation
located within its territorial jurisdiction, | 1394 |
college, university,
veterans' home operated under Chapter 5907. | 1395 |
of the Revised Code,
port authority, or
municipal airport or other | 1396 |
municipal air navigation facility, in
which the peace
officer is | 1397 |
appointed, employed, or
elected or
within the limits of the | 1398 |
territorial jurisdiction of the peace
officer, a peace officer | 1399 |
described in division
(A) of this section
may arrest and detain | 1400 |
until a
warrant can be obtained any person
who the peace officer | 1401 |
has reasonable cause to believe is guilty of
the violation. | 1402 |
(b) A written statement by the administrator of the | 1412 |
interstate compact on mental health appointed under section | 1413 |
5119.51 of the Revised Code alleging that a person who had been | 1414 |
hospitalized, institutionalized, or confined in any facility
under | 1415 |
an order made pursuant to or under authority of section
2945.37, | 1416 |
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the | 1417 |
Revised
Code has escaped from the facility, from confinement in a | 1418 |
vehicle
for transportation to or from the facility, or from | 1419 |
supervision
by an employee of the facility that is incidental to | 1420 |
hospitalization, institutionalization, or confinement in the | 1421 |
facility and that occurs outside of the facility, in violation of | 1422 |
section 2921.34 of the Revised Code; | 1423 |
(c) A written statement by the
administrator of any facility | 1424 |
in which a person has been
hospitalized, institutionalized, or | 1425 |
confined under an order made
pursuant to or under authority of | 1426 |
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or | 1427 |
2945.402 of the Revised Code alleging that
the person has escaped | 1428 |
from the facility, from confinement in a
vehicle for | 1429 |
transportation to or from the facility, or from
supervision by an | 1430 |
employee of the facility that is incidental to
hospitalization, | 1431 |
institutionalization, or confinement in the
facility and that | 1432 |
occurs outside of the facility, in violation of
section 2921.34 of | 1433 |
the Revised Code. | 1434 |
(ii) No written statement of the type described
in division | 1447 |
(B)(3)(a)(i) of this
section is executed, but the peace officer, | 1448 |
based upon the peace
officer's own knowledge and observation of | 1449 |
the facts and circumstances of
the alleged incident of the offense | 1450 |
of domestic violence or the
alleged incident of the offense of | 1451 |
violating a protection order
or based upon any other information, | 1452 |
including, but not limited to, any reasonably trustworthy | 1453 |
information given to the peace officer by the alleged victim
of | 1454 |
the alleged incident of the offense or any witness of the alleged | 1455 |
incident
of the offense, concludes that there are reasonable | 1456 |
grounds to
believe that the offense of domestic violence or the | 1457 |
offense of
violating a protection order has been
committed and | 1458 |
reasonable cause to believe that the person in
question is guilty | 1459 |
of committing the offense. | 1460 |
If pursuant to division (B)(3)(a)
of this section a peace | 1473 |
officer has reasonable grounds to
believe that the offense of | 1474 |
domestic violence or the offense of
violating a protection order | 1475 |
has been
committed and reasonable cause to believe that family or | 1476 |
household members have committed the offense against each other, | 1477 |
it is the preferred course of action in this state that the | 1478 |
officer, pursuant to division (B)(1) of this section,
arrest and | 1479 |
detain until a warrant can be obtained the family or
household | 1480 |
member who committed the offense and whom the officer
has | 1481 |
reasonable cause to believe is the primary physical
aggressor. | 1482 |
There is no preferred course of action in this state
regarding any | 1483 |
other family or household member who committed the
offense and | 1484 |
whom the officer does not have reasonable cause to
believe is the | 1485 |
primary physical aggressor, but, pursuant to
division (B)(1) of | 1486 |
this section, the peace officer may
arrest and detain until a | 1487 |
warrant can be obtained any other
family or household member who | 1488 |
committed the offense and whom the
officer does not have | 1489 |
reasonable cause to believe is the primary
physical aggressor. | 1490 |
(c) If a peace officer described in division
(A) of this | 1491 |
section does not arrest and detain a
person whom the officer has | 1492 |
reasonable cause to believe committed
the offense of domestic | 1493 |
violence or the offense of violating a
protection order when it is | 1494 |
the preferred
course of action in this state pursuant to division | 1495 |
(B)(3)(b) of this section that the officer
arrest that person, the | 1496 |
officer shall articulate in the
written report of the incident | 1497 |
required by section 2935.032 of the
Revised Code a clear statement | 1498 |
of the officer's reasons for not
arresting and detaining that | 1499 |
person until a warrant can be obtained. | 1500 |
(ii) If a person is arrested for or charged
with committing | 1527 |
the offense of domestic violence or the offense
of violating a | 1528 |
protection order and if the
victim of the offense does not | 1529 |
cooperate with the involved law
enforcement or prosecuting | 1530 |
authorities in the prosecution of the
offense or, subsequent to | 1531 |
the arrest or the filing of the
charges, informs the involved law | 1532 |
enforcement or prosecuting
authorities that the victim does not | 1533 |
wish the prosecution of the
offense to continue or wishes to drop | 1534 |
charges against the alleged
offender relative to the offense, the | 1535 |
involved prosecuting
authorities, in determining whether to | 1536 |
continue with the
prosecution of the offense or whether to dismiss | 1537 |
charges against
the alleged offender relative to the offense and | 1538 |
notwithstanding
the victim's failure to cooperate or the victim's | 1539 |
wishes, shall
consider all facts and circumstances that are | 1540 |
relevant to the
offense, including, but not limited to, the | 1541 |
statements and
observations of the peace officers who responded to | 1542 |
the incident
that resulted in the arrest or filing of the charges | 1543 |
and of all
witnesses to that incident. | 1544 |
(f) In determining pursuant to divisions (B)(3)(a) to (g) of | 1545 |
this section
whether to arrest a person pursuant to division | 1546 |
(B)(1) of
this section, a peace officer described in division
(A) | 1547 |
of this section shall not consider as a factor any
possible | 1548 |
shortage of cell space at the detention facility to
which the | 1549 |
person will be taken subsequent to the person's
arrest or any | 1550 |
possibility that the person's arrest might cause, contribute to, | 1551 |
or exacerbate overcrowding at that detention facility or at any | 1552 |
other
detention facility. | 1553 |
(h) If a peace officer described in division
(A) of this | 1560 |
section responds to a report of an alleged
incident of the offense | 1561 |
of domestic violence or an alleged
incident of the offense of | 1562 |
violating a
protection order and if the circumstances
of the | 1563 |
incident
involved the use or threatened use of a deadly weapon or | 1564 |
any
person involved in the incident brandished a deadly weapon | 1565 |
during
or in relation to the incident, the deadly weapon that was | 1566 |
used,
threatened to be used, or brandished constitutes contraband, | 1567 |
and,
to the extent possible, the officer shall seize the deadly | 1568 |
weapon
as contraband pursuant to section 2933.43 of the Revised | 1569 |
Code. Upon the seizure of a deadly weapon pursuant to
division | 1570 |
(B)(3)(h) of this section, section
2933.43 of the Revised
Code | 1571 |
shall apply regarding the treatment and disposition
of the deadly | 1572 |
weapon. For purposes of that section, the
"underlying criminal | 1573 |
offense" that was the basis of the
seizure of a deadly weapon | 1574 |
under division (B)(3)(h) of
this section and to which the
deadly | 1575 |
weapon had a relationship is any of the following that is | 1576 |
applicable: | 1577 |
(4) If, in the circumstances described in divisions
(B)(3)(a) | 1586 |
to (g) of
this section, a peace officer described in
division
(A) | 1587 |
of this section arrests and detains a person
pursuant
to division | 1588 |
(B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of | 1589 |
this
section, a peace officer described in division
(A) of
this | 1590 |
section seizes a deadly weapon, the officer, to the
extent | 1591 |
described in and in accordance with section 9.86 or 2744.03
of
the | 1592 |
Revised Code, is immune in any civil action
for damages for | 1593 |
injury, death, or loss to person or property that
arises from or | 1594 |
is related to the arrest and detention or the
seizure. | 1595 |
(C) When there is reasonable ground to believe that a | 1596 |
violation of division (A)(1), (2), or (3) of section 4506.15 or a | 1597 |
violation of section 4511.19 of the Revised Code has been | 1598 |
committed by a person operating a motor vehicle subject to | 1599 |
regulation by the public utilities commission of Ohio under Title | 1600 |
XLIX of the Revised Code, a peace officer with authority to | 1601 |
enforce that provision of law may stop or detain the person whom | 1602 |
the officer has reasonable cause to believe was operating the | 1603 |
motor vehicle in violation of the division or section and, after | 1604 |
investigating the circumstances surrounding the operation of the | 1605 |
vehicle, may arrest and detain the person. | 1606 |
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, | 1607 |
municipal police officer, member of a police force employed by a | 1608 |
metropolitan housing authority under division (D) of section | 1609 |
3735.31 of the Revised Code, member of a police force employed by | 1610 |
a
regional transit authority under division (Y) of section 306.35 | 1611 |
of the Revised
Code, special police officer employed by a port | 1612 |
authority under section
4582.04 or 4582.28 of the Revised Code, | 1613 |
special police officer employed by a municipal corporation at a | 1614 |
municipal airport or other municipal air navigation facility | 1615 |
described in division (A) of this section, township constable, | 1616 |
police officer of a
township or joint township
police district, | 1617 |
state university
law enforcement officer
appointed under section | 1618 |
3345.04 of the
Revised Code, peace officer
of the department of | 1619 |
natural
resources, individual designated to
perform law | 1620 |
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of | 1621 |
the Revised Code, the house
sergeant at arms if the
house sergeant | 1622 |
at arms has arrest authority pursuant
to division
(E)(1) of | 1623 |
section 101.311 of the Revised Code, or an assistant
house | 1624 |
sergeant at arms is authorized by
division (A) or
(B) of
this | 1625 |
section
to arrest and detain, within the limits of the
political | 1626 |
subdivision, metropolitan housing authority housing
project, | 1627 |
regional
transit authority facilities or those areas of a | 1628 |
municipal
corporation that have been agreed to by a regional | 1629 |
transit authority and a
municipal corporation located within its | 1630 |
territorial jurisdiction,
port authority,
municipal airport or | 1631 |
other municipal air navigation facility, college, or university
in | 1632 |
which the officer is
appointed,
employed, or elected or within
the | 1633 |
limits of the territorial jurisdiction
of the peace officer, a | 1634 |
person until a warrant can be obtained, the peace
officer, outside | 1635 |
the limits of that
territory, may pursue, arrest, and detain that | 1636 |
person until a warrant
can be
obtained if all of the following | 1637 |
apply: | 1638 |
(2) The pursuit is initiated within the limits of the | 1641 |
political subdivision, metropolitan housing authority housing | 1642 |
project, regional transit authority facilities or those areas of a | 1643 |
municipal corporation that have been agreed to by a regional | 1644 |
transit authority
and a municipal corporation located within its | 1645 |
territorial
jurisdiction, port authority,
municipal airport or | 1646 |
other municipal air navigation facility, college, or university
in | 1647 |
which
the peace officer is
appointed, employed, or elected or | 1648 |
within the limits of the
territorial jurisdiction of the peace | 1649 |
officer; | 1650 |
(1) A sheriff or deputy sheriff may arrest and detain,
until | 1658 |
a warrant can be obtained, any person found violating
section | 1659 |
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section | 1660 |
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the | 1661 |
portion of any street or highway that is
located immediately | 1662 |
adjacent to the boundaries of the county in
which the sheriff or | 1663 |
deputy sheriff is elected or appointed. | 1664 |
(2) A member of the police force of a township police | 1665 |
district created under section 505.48 of the Revised Code, a | 1666 |
member of the police force of a joint township police district | 1667 |
created under section 505.481 of the Revised Code, or a
township | 1668 |
constable appointed in accordance with section 509.01 of the | 1669 |
Revised Code, who has received a certificate from the Ohio peace | 1670 |
officer training commission under section 109.75 of the Revised | 1671 |
Code,
may arrest and detain, until a warrant can be obtained, any | 1672 |
person found violating any section or chapter of the Revised Code | 1673 |
listed in division (E)(1) of this section, other than sections | 1674 |
4513.33 and 4513.34 of the Revised Code, on the portion of any | 1675 |
street or highway that is located immediately adjacent to the | 1676 |
boundaries of the township police district or joint township | 1677 |
police district, in the case of a member of a township police | 1678 |
district or joint township police district police force, or the | 1679 |
unincorporated territory of the township, in the case of a | 1680 |
township constable. However, if the population of the township | 1681 |
that created the township police district served by the member's | 1682 |
police force, or the townships that created the joint township | 1683 |
police district served by the member's police force, or the | 1684 |
township that is served by the township constable, is sixty | 1685 |
thousand or less, the member of the township police district or | 1686 |
joint police district police force or the township constable may | 1687 |
not make an arrest under division (E)(2) of this
section on a | 1688 |
state highway that is
included as part of the interstate system. | 1689 |
(3) A police officer or village marshal appointed,
elected, | 1690 |
or employed by a municipal corporation may arrest and
detain, | 1691 |
until a warrant can be obtained, any person found
violating any | 1692 |
section or chapter of the Revised Code listed in
division (E)(1) | 1693 |
of this section on the portion of any street or
highway that is | 1694 |
located immediately adjacent to the boundaries of
the municipal | 1695 |
corporation in which the police officer or village
marshal is | 1696 |
appointed, elected, or employed. | 1697 |
(4) A peace
officer of the department of natural resources
or | 1698 |
an individual
designated to perform law enforcement duties
under | 1699 |
section
511.232, 1545.13, or 6101.75 of the
Revised Code may | 1700 |
arrest and detain,
until a warrant can be obtained, any person | 1701 |
found violating any
section or chapter of the Revised
Code listed | 1702 |
in division
(E)(1) of this section, other
than sections 4513.33 | 1703 |
and 4513.34 of the
Revised
Code, on the portion of any
street or | 1704 |
highway that is located immediately adjacent to the
boundaries of | 1705 |
the lands and waters that constitute the
territorial jurisdiction | 1706 |
of the peace officer. | 1707 |
A department of mental health special police officer or a | 1715 |
department of mental retardation and developmental disabilities | 1716 |
special police officer may arrest without a warrant and detain | 1717 |
until a
warrant can be obtained any person who has been | 1718 |
hospitalized,
institutionalized, or confined in an institution | 1719 |
under the
jurisdiction of the particular department pursuant to or | 1720 |
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39, | 1721 |
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is | 1722 |
found committing on the
premises of any institution under the | 1723 |
jurisdiction of the
particular department a violation of section | 1724 |
2921.34 of the
Revised Code that involves an escape from the | 1725 |
premises of the
institution. | 1726 |
(2)(a) If a department of mental health special police | 1727 |
officer
or a department of mental retardation and developmental | 1728 |
disabilities special police officer finds any person who has been | 1729 |
hospitalized, institutionalized, or confined in an institution | 1730 |
under the jurisdiction of the particular department pursuant to
or | 1731 |
under authority of section 2945.37, 2945.371, 2945.38,
2945.39, | 1732 |
2945.40, 2945.401, or
2945.402 of the Revised Code committing a | 1733 |
violation of
section 2921.34 of the Revised Code that involves an | 1734 |
escape from
the premises of the institution, or if there is | 1735 |
reasonable ground
to believe that a violation of section 2921.34 | 1736 |
of the Revised
Code has been committed that involves an escape | 1737 |
from the premises
of an institution under the jurisdiction of the | 1738 |
department of
mental health or the department of mental | 1739 |
retardation and
developmental disabilities and if a department of | 1740 |
mental health
special police officer or a department of mental | 1741 |
retardation and
developmental disabilities special police officer | 1742 |
has reasonable cause
to believe that a particular person who has | 1743 |
been hospitalized,
institutionalized, or confined in the | 1744 |
institution pursuant to or
under authority of section 2945.37, | 1745 |
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the | 1746 |
Revised Code is guilty of the violation, the
special police | 1747 |
officer, outside of the premises of the institution,
may pursue, | 1748 |
arrest, and detain that person for that violation of
section | 1749 |
2921.34 of the Revised Code, until a warrant can be
obtained, if | 1750 |
both of the following apply: | 1751 |
(b) For purposes of division (F)(2)(a) of this section,
the | 1757 |
execution of a written statement by the administrator of the | 1758 |
institution in which a person had been hospitalized, | 1759 |
institutionalized, or confined pursuant to or under authority of | 1760 |
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or | 1761 |
2945.402 of the
Revised Code alleging that the person has escaped | 1762 |
from the
premises of the institution in violation of section | 1763 |
2921.34 of
the Revised Code constitutes reasonable ground to | 1764 |
believe that the violation was committed and reasonable cause to | 1765 |
believe that the person alleged in the statement to have
committed | 1766 |
the offense is guilty of the violation. | 1767 |
(7) "Peace officer of the department of
natural resources" | 1803 |
means an employee of the
department of natural resources who is
a | 1804 |
natural resources law enforcement staff officer designated | 1805 |
pursuant to
section 1501.013, a forest officer designated
pursuant | 1806 |
to section 1503.29, a preserve officer designated
pursuant to | 1807 |
section 1517.10, a wildlife officer designated
pursuant to section | 1808 |
1531.13, a park officer designated pursuant to section
1541.10, or | 1809 |
a state watercraft officer
designated pursuant to section 1547.521 | 1810 |
of the
Revised Code. | 1811 |
Sec. 4507.08. (A) No probationary license shall
be
issued
to | 1836 |
any person under the age of eighteen who has been
adjudicated
an | 1837 |
unruly or delinquent child or a juvenile traffic
offender for | 1838 |
having committed any act that if committed by an
adult would be a | 1839 |
drug abuse offense, as defined in section
2925.01 of the Revised | 1840 |
Code, a violation of division (B) of
section 2917.11, or a | 1841 |
violation of division (A) of section
4511.19 of the Revised Code, | 1842 |
unless the person has been required
by the court to attend a drug | 1843 |
abuse or alcohol abuse education,
intervention, or treatment | 1844 |
program specified by the court and has
satisfactorily completed | 1845 |
the program. | 1846 |
(2) Any person who is under the age of eighteen and has
been | 1865 |
adjudicated an unruly or delinquent child or a juvenile
traffic | 1866 |
offender for having committed any act that if committed
by an | 1867 |
adult would be a drug abuse offense, as defined in section
2925.01 | 1868 |
of the Revised Code, a violation of division (B) of
section | 1869 |
2917.11, or a violation of division (A) of section
4511.19 of the | 1870 |
Revised Code, unless the person has been required
by the court to | 1871 |
attend a drug abuse or alcohol abuse education,
intervention, or | 1872 |
treatment program specified by the court and has
satisfactorily | 1873 |
completed the program; | 1874 |
(3) Any person who, in the opinion of the registrar, is | 1875 |
afflicted with or suffering from a physical or mental disability | 1876 |
or disease that prevents the person from exercising reasonable and | 1877 |
ordinary control over a motor vehicle while operating the vehicle | 1878 |
upon the highways, except that a restricted license effective for | 1879 |
six months may be issued to any person otherwise qualified who is | 1880 |
or has been subject to any condition resulting in episodic | 1881 |
impairment of consciousness or loss of muscular control and whose | 1882 |
condition, in the opinion of the registrar, is dormant or is | 1883 |
sufficiently under medical control that the person is capable of | 1884 |
exercising reasonable and ordinary control over a motor vehicle.
A | 1885 |
restricted
license effective for six months shall be issued to
any | 1886 |
person who
otherwise
is qualified
and who is subject to any | 1887 |
condition that causes episodic impairment of consciousness or a | 1888 |
loss of muscular control if the person presents a statement from
a | 1889 |
licensed physician that the person's condition is under effective | 1890 |
medical control and the period of time for which the control has | 1891 |
been continuously maintained, unless, thereafter, a medical | 1892 |
examination is ordered and, pursuant thereto, cause for denial is | 1893 |
found. | 1894 |
(5) Any person making an application whose driver's
license | 1904 |
or driving privileges are under
cancellation, revocation, or | 1905 |
suspension
in the jurisdiction where issued or any other | 1906 |
jurisdiction, until
the expiration of one year after the license | 1907 |
was
canceled or revoked or until
the period of suspension ends. | 1908 |
Any person whose application is
denied under this division may | 1909 |
file a petition in the municipal
court or county court in whose | 1910 |
jurisdiction the person resides
agreeing to pay the cost of the | 1911 |
proceedings and alleging that the
conduct involved in the offense | 1912 |
that resulted in suspension, cancellation, or
revocation in the | 1913 |
foreign jurisdiction would not have resulted in
a suspension, | 1914 |
cancellation, or revocation had the offense occurred in this | 1915 |
state. If the petition is granted, the petitioner shall notify
the | 1916 |
registrar by a certified copy of the court's
findings and a | 1917 |
license shall not be denied under this division. | 1918 |
Sec. 4561.26. (A) The owner of each aircraft that is based | 1933 |
in this state, that is not registered pursuant to sections 4561.17 | 1934 |
to 4561.22 of the Revised Code, and that is not an aircraft | 1935 |
operated for hire over regularly scheduled routes within this | 1936 |
state shall register the aircraft with the office of aviation of | 1937 |
the department of transportation. Registrations shall be made and | 1938 |
signed by the owner of the aircraft on forms prepared by the | 1939 |
department and shall contain a description of the aircraft, | 1940 |
including its federal registration number, the airport or other | 1941 |
place at which the aircraft is based, and any other information | 1942 |
that is required by the office of aviation. Registration forms | 1943 |
shall be filed with the office of aviation annually and at the | 1944 |
time specified by the director of transportation. If the airport | 1945 |
or other place at which the aircraft is based changes, the owner | 1946 |
shall update the registration by filing a new form with the office | 1947 |
of aviation. | 1948 |
(D) Each public-use and private-use airport located in whole | 2028 |
or in part in this state shall provide a copy of its registration | 2029 |
described in division (B)(1) of this section, a copy of its | 2030 |
security plan described in division (B)(2) of this section, and a | 2031 |
copy of its emergency locater map described in division (B)(5)(d) | 2032 |
of this section to the department of public safety, to the office | 2033 |
of aviation of the department of transportation, to the sheriff of | 2034 |
the county in which the airport is located in whole or in part, | 2035 |
and, if the airport is located in whole or in part in a municipal | 2036 |
corporation, to the chief of police of each municipal corporation | 2037 |
in which it is wholly or partly located. Copies of registrations, | 2038 |
emergency locater maps, and security plans that are in the | 2039 |
possession of the department of public safety, the office of | 2040 |
aviation, a sheriff, or a chief of police and that were provided | 2041 |
under this division are not public records under section 149.43 of | 2042 |
the Revised Code and are not subject to mandatory disclosure under | 2043 |
that section. | 2044 |
Sec. 4931.49. (A)(1) The state, the state highway patrol, or | 2045 |
a subdivision participating in a 9-1-1 system established under | 2046 |
sections
4931.40 to 4931.70 of the Revised Code and any officer, | 2047 |
agent, employee, or independent contractor of the state, the state | 2048 |
highway patrol, or such a
participating subdivision is not liable | 2049 |
in damages in a civil
action for injuries, death, or loss to | 2050 |
persons or property
arising from any act or omission, except | 2051 |
willful or wanton
misconduct, in connection with developing, | 2052 |
adopting, or approving
any final plan or any agreement made under | 2053 |
section 4931.48 of the
Revised Code or otherwise bringing into | 2054 |
operation the 9-1-1 system
pursuant to sections 4931.40 to 4931.70 | 2055 |
of the Revised Code. | 2056 |
(B) Except as otherwise provided in
section 4765.49 of the | 2064 |
Revised Code, an individual who gives emergency
instructions | 2065 |
through a 9-1-1 system established under sections
4931.40 to | 2066 |
4931.70 of the Revised Code, and the
principals for
whom the | 2067 |
person acts, including both employers and independent
contractors, | 2068 |
public and private, and an individual who follows
emergency | 2069 |
instructions and the principals for whom that person
acts, | 2070 |
including both employers and independent contractors,
public and | 2071 |
private, are not liable in damages in a civil action
for injuries, | 2072 |
death, or loss to persons or property arising from
the issuance or | 2073 |
following of emergency instructions, except where
the issuance or | 2074 |
following of the instructions constitutes willful
or wanton | 2075 |
misconduct. | 2076 |
(C) Except for willful or wanton misconduct, a telephone | 2077 |
company, and any other installer,
maintainer, or provider, through | 2078 |
the sale or otherwise, of
customer premises equipment, and their | 2079 |
respective officers,
directors, employees, agents, and suppliers | 2080 |
are not liable in
damages in a civil action for injuries, death, | 2081 |
or loss to persons
or property incurred by any person resulting | 2082 |
from suchany of the following: | 2083 |
(1) Such an
entity's or its officers', directors', | 2084 |
employees', agents', or
suppliers' participation in or acts or | 2085 |
omissions in connection
with participating in or developing, | 2086 |
maintaining, or operating a 9-1-1 system, whether that system is | 2087 |
established pursuant to sections 4931.40 to 4931.70 of
the
Revised | 2088 |
Code or otherwise in accordance with schedules regarding 9-1-1 | 2089 |
systems filed with the public
utilities commission pursuant to | 2090 |
section 4905.30 of the Revised
Code by a telephone company that is | 2091 |
a wireline service provider; | 2092 |
(A) Adopt rules in accordance with Chapter 119. of the | 2134 |
Revised Code that identify licenses issued by the state for which | 2135 |
the holder of any of the identified licenses may present a | 2136 |
potential risk or threat to public safety if the applicant for the | 2137 |
license has connections to a terrorist organization, as required | 2138 |
by section 2909.32 of the Revised Code. In no case shall the rules | 2139 |
identify a driver's license or permit as a license of that nature | 2140 |
if the applicant for the license or permit, or for renewal of the | 2141 |
license or permit, is a resident of this state; this restriction | 2142 |
does not apply regarding nonrenewable licenses and temporary | 2143 |
residents of this state who apply for nonrenewable licenses. | 2144 |
(C) Adopt rules in accordance with Chapter 119. of the | 2150 |
Revised Code and for purposes of section 2909.28 of the Revised | 2151 |
Code identifying a list of toxins, toxic chemicals, precursors of | 2152 |
toxic chemicals, vectors, biological agents, and hazardous | 2153 |
radioactive substances and their components that could be used | 2154 |
alone or in combination for the manufacture of a chemical weapon, | 2155 |
biological weapon, radiological or nuclear weapon, or explosive | 2156 |
device. | 2157 |
(C) The director of public safety shall appoint an executive | 2184 |
director, who shall be head of the division of homeland security | 2185 |
and who regularly shall advise the governor and the director on | 2186 |
matters pertaining to homeland security. The executive director | 2187 |
shall serve at the pleasure of the director of public safety. To | 2188 |
carry out the duties assigned under this section, the executive | 2189 |
director, subject to the direction and control of the director of | 2190 |
public safety, may appoint and maintain necessary staff and may | 2191 |
enter into any necessary agreements. | 2192 |
Section 3. Section 2935.03 of the Revised Code is presented | 2201 |
in
this act as a composite of the section as amended by Sub. H.B. | 2202 |
545, H.B. 675, and Am. Sub. S.B. 123 of
the 124th General | 2203 |
Assembly. The General Assembly, applying the
principle stated in | 2204 |
division (B) of section 1.52 of the Revised
Code that amendments | 2205 |
are to be harmonized if reasonably capable of
simultaneous | 2206 |
operation, finds that the composite is the resulting
version of | 2207 |
the section in effect prior to the effective date of
the section | 2208 |
as presented in this act. | 2209 |