As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 227


Representative Yuko 

Cosponsors: Representatives Evans, Williams, B., Budish, Foley, Luckie, Wagoner 

A BILL
To amend sections 109.71, 109.73, and 109.77 and to 1
enact sections 6119.60, 6119.61, 6119.62, 6119.63, 2
and 6119.64 of the Revised Code to authorize 3
regional water and sewer districts to establish 4
police departments.5


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

       Section 1. That sections 109.71, 109.73, and 109.77 be 6
amended and sections 6119.60, 6119.61, 6119.62, 6119.63, and 7
6119.64 of the Revised Code be enacted to read as follows:8

       Sec. 109.71.  There is hereby created in the office of the9
attorney general the Ohio peace officer training commission. The10
commission shall consist of nine members appointed by the governor11
with the advice and consent of the senate and selected as follows:12
one member representing the public; two members who are incumbent13
sheriffs; two members who are incumbent chiefs of police; one14
member from the bureau of criminal identification and15
investigation; one member from the state highway patrol; one16
member who is the special agent in charge of a field office of the17
federal bureau of investigation in this state; and one member from18
the department of education, trade and industrial education19
services, law enforcement training.20

       This section does not confer any arrest authority or any 21
ability or authority to detain a person, write or issue any 22
citation, or provide any disposition alternative, as granted under 23
Chapter 2935. of the Revised Code.24

       As used in sections 109.71 to 109.801 of the Revised Code:25

       (A) "Peace officer" means:26

       (1) A deputy sheriff, marshal, deputy marshal, member of the27
organized police department of a township or municipal28
corporation, member of a township police district or joint29
township police district police force, member of a police force30
employed by a metropolitan housing authority under division (D) of31
section 3735.31 of the Revised Code, or township constable, who is32
commissioned and employed as a peace officer by a political33
subdivision of this state or by a metropolitan housing authority,34
and whose primary duties are to preserve the peace, to protect35
life and property, and to enforce the laws of this state,36
ordinances of a municipal corporation, resolutions of a township,37
or regulations of a board of county commissioners or board of38
township trustees, or any of those laws, ordinances, resolutions,39
or regulations;40

       (2) A police officer who is employed by a railroad company41
and appointed and commissioned by the secretary of state pursuant 42
to sections 4973.17 to 4973.22 of the Revised Code;43

       (3) Employees of the department of taxation engaged in the44
enforcement of Chapter 5743. of the Revised Code and designated by45
the tax commissioner for peace officer training for purposes of46
the delegation of investigation powers under section 5743.45 of47
the Revised Code;48

       (4) An undercover drug agent;49

       (5) Enforcement agents of the department of public safety50
whom the director of public safety designates under section51
5502.14 of the Revised Code;52

       (6) An employee of the department of natural resources who is 53
a natural resources law enforcement staff officer designated54
pursuant to section 1501.013, a park officer designated pursuant55
to section 1541.10, a forest officer designated pursuant to56
section 1503.29, a preserve officer designated pursuant to section57
1517.10, a wildlife officer designated pursuant to section58
1531.13, or a state watercraft officer designated pursuant to59
section 1547.521 of the Revised Code;60

       (7) An employee of a park district who is designated pursuant 61
to section 511.232 or 1545.13 of the Revised Code;62

       (8) An employee of a conservancy district who is designated63
pursuant to section 6101.75 of the Revised Code;64

       (9) A police officer who is employed by a hospital that65
employs and maintains its own proprietary police department or66
security department, and who is appointed and commissioned by the 67
secretary of state pursuant to sections 4973.17 to 4973.22 of the 68
Revised Code;69

       (10) Veterans' homes police officers designated under section 70
5907.02 of the Revised Code;71

       (11) A police officer who is employed by a qualified72
nonprofit corporation police department pursuant to section73
1702.80 of the Revised Code;74

       (12) A state university law enforcement officer appointed75
under section 3345.04 of the Revised Code or a person serving as a76
state university law enforcement officer on a permanent basis on77
June 19, 1978, who has been awarded a certificate by the executive78
director of the Ohio peace officer training commission attesting 79
to the person's satisfactory completion of an approved state, 80
county, municipal, or department of natural resources peace81
officer basic training program;82

       (13) A special police officer employed by the department of83
mental health pursuant to section 5119.14 of the Revised Code or84
the department of mental retardation and developmental85
disabilities pursuant to section 5123.13 of the Revised Code;86

       (14) A member of a campus police department appointed under87
section 1713.50 of the Revised Code;88

       (15) A member of a police force employed by a regional89
transit authority under division (Y) of section 306.35 of the90
Revised Code;91

       (16) Investigators appointed by the auditor of state pursuant 92
to section 117.091 of the Revised Code and engaged in the93
enforcement of Chapter 117. of the Revised Code;94

       (17) A special police officer designated by the95
superintendent of the state highway patrol pursuant to section96
5503.09 of the Revised Code or a person who was serving as a97
special police officer pursuant to that section on a permanent98
basis on October 21, 1997, and who has been awarded a certificate99
by the executive director of the Ohio peace officer training100
commission attesting to the person's satisfactory completion of an101
approved state, county, municipal, or department of natural102
resources peace officer basic training program;103

       (18) A special police officer employed by a port authority 104
under section 4582.04 or 4582.28 of the Revised Code or a person 105
serving as a special police officer employed by a port authority 106
on a permanent basis on May 17, 2000, who has been awarded a 107
certificate by the executive director of the Ohio peace officer 108
training commission attesting to the person's satisfactory 109
completion of an approved state, county, municipal, or department 110
of natural resources peace officer basic training program;111

       (19) A special police officer employed by a municipal112
corporation who has been awarded a certificate by the executive113
director of the Ohio peace officer training commission for114
satisfactory completion of an approved peace officer basic115
training program and who is employed on a permanent basis on or116
after March 19, 2003, at a municipal airport, or other municipal 117
air navigation facility, that has scheduled operations, as defined 118
in section 119.3 of Title 14 of the Code of Federal Regulations, 119
14 C.F.R. 119.3, as amended, and that is required to be under a 120
security program and is governed by aviation security rules of the 121
transportation security administration of the United States 122
department of transportation as provided in Parts 1542. and 1544. 123
of Title 49 of the Code of Federal Regulations, as amended;124

       (20) A police officer who is employed by an owner or operator 125
of an amusement park that has an average yearly attendance in 126
excess of six hundred thousand guests and that employs and 127
maintains its own proprietary police department or security 128
department, and who is appointed and commissioned by a judge of 129
the appropriate municipal court or county court pursuant to 130
section 4973.17 of the Revised Code;131

        (21) A police officer who is employed by a bank, savings and 132
loan association, savings bank, credit union, or association of 133
banks, savings and loan associations, savings banks, or credit 134
unions, who has been appointed and commissioned by the secretary 135
of state pursuant to sections 4973.17 to 4973.22 of the Revised 136
Code, and who has been awarded a certificate by the executive 137
director of the Ohio peace officer training commission attesting 138
to the person's satisfactory completion of a state, county, 139
municipal, or department of natural resources peace officer basic 140
training program;141

       (22) An investigator, as defined in section 109.541 of the 142
Revised Code, of the bureau of criminal identification and 143
investigation who is commissioned by the superintendent of the 144
bureau as a special agent for the purpose of assisting law 145
enforcement officers or providing emergency assistance to peace 146
officers pursuant to authority granted under that section;147

       (23) A police officer of a police department of a regional 148
water and sewer district who is appointed under section 6119.63 of 149
the Revised Code.150

       (B) "Undercover drug agent" has the same meaning as in151
division (B)(2) of section 109.79 of the Revised Code.152

       (C) "Crisis intervention training" means training in the use153
of interpersonal and communication skills to most effectively and154
sensitively interview victims of rape.155

       (D) "Missing children" has the same meaning as in section156
2901.30 of the Revised Code.157

       Sec. 109.73.  (A) The Ohio peace officer training commission158
shall recommend rules to the attorney general with respect to all159
of the following:160

       (1) The approval, or revocation of approval, of peace officer 161
training schools administered by the state, counties, municipal 162
corporations, public school districts, technical college163
districts, and the department of natural resources;164

       (2) Minimum courses of study, attendance requirements, and165
equipment and facilities to be required at approved state, county,166
municipal, and department of natural resources peace officer167
training schools;168

       (3) Minimum qualifications for instructors at approved state, 169
county, municipal, and department of natural resources peace 170
officer training schools;171

       (4) The requirements of minimum basic training that peace172
officers appointed to probationary terms shall complete before173
being eligible for permanent appointment, which requirements shall174
include a minimum of fifteen hours of training in the handling of175
the offense of domestic violence, other types of domestic176
violence-related offenses and incidents, and protection orders and177
consent agreements issued or approved under section 2919.26 or178
3113.31 of the Revised Code; a minimum of six hours of crisis179
intervention training; and a specified amount of training in the180
handling of missing children and child abuse and neglect cases;181
and the time within which such basic training shall be completed182
following appointment to a probationary term;183

       (5) The requirements of minimum basic training that peace184
officers not appointed for probationary terms but appointed on185
other than a permanent basis shall complete in order to be186
eligible for continued employment or permanent appointment, which187
requirements shall include a minimum of fifteen hours of training188
in the handling of the offense of domestic violence, other types189
of domestic violence-related offenses and incidents, and190
protection orders and consent agreements issued or approved under191
section 2919.26 or 3113.31 of the Revised Code, a minimum of six192
hours of crisis intervention training, and a specified amount of193
training in the handling of missing children and child abuse and194
neglect cases, and the time within which such basic training shall195
be completed following appointment on other than a permanent196
basis;197

       (6) Categories or classifications of advanced in-service198
training programs for peace officers, including programs in the199
handling of the offense of domestic violence, other types of200
domestic violence-related offenses and incidents, and protection201
orders and consent agreements issued or approved under section202
2919.26 or 3113.31 of the Revised Code, in crisis intervention,203
and in the handling of missing children and child abuse and204
neglect cases, and minimum courses of study and attendance205
requirements with respect to such categories or classifications;206

       (7) Permitting persons, who are employed as members of a207
campus police department appointed under section 1713.50 of the208
Revised Code; who are employed as members of a regional water and 209
sewer district police department appointed under section 6119.63 210
of the Revised Code; who are employed as police officers by a 211
qualified nonprofit corporation police department pursuant to 212
section 1702.80 of the Revised Code; who are appointed and213
commissioned as bank, savings and loan association, savings bank, 214
credit union, or association of banks, savings and loan 215
associations, savings banks, or credit unions police officers, as 216
railroad police officers, or as hospital police officers pursuant217
to sections 4973.17 to 4973.22 of the Revised Code; or who are 218
appointed and commissioned as amusement park police officers 219
pursuant to section 4973.17 of the Revised Code, to attend220
approved peace officer training schools, including the Ohio peace221
officer training academy, and to receive certificates of222
satisfactory completion of basic training programs, if the private223
college or university that established the campus police224
department; regional water and sewer district police department;225
qualified nonprofit corporation police department; bank, savings 226
and loan association, savings bank, credit union, or association 227
of banks, savings and loan associations, savings banks, or credit 228
unions; railroad company; hospital; or amusement park sponsoring 229
the police officers pays the entire cost of the training and 230
certification and if trainee vacancies are available;231

       (8) Permitting undercover drug agents to attend approved232
peace officer training schools, other than the Ohio peace officer233
training academy, and to receive certificates of satisfactory234
completion of basic training programs, if, for each undercover235
drug agent, the county, township, or municipal corporation that236
employs that undercover drug agent pays the entire cost of the237
training and certification;238

       (9)(a) The requirements for basic training programs for239
bailiffs and deputy bailiffs of courts of record of this state and240
for criminal investigators employed by the state public defender241
that those persons shall complete before they may carry a firearm242
while on duty;243

       (b) The requirements for any training received by a bailiff244
or deputy bailiff of a court of record of this state or by a245
criminal investigator employed by the state public defender prior246
to June 6, 1986, that is to be considered equivalent to the247
training described in division (A)(9)(a) of this section.248

       (10) Establishing minimum qualifications and requirements for 249
certification for dogs utilized by law enforcement agencies;250

       (11) Establishing minimum requirements for certification of251
persons who are employed as correction officers in a full-service252
jail, five-day facility, or eight-hour holding facility or who253
provide correction services in such a jail or facility;254

       (12) Establishing requirements for the training of agents of 255
a county humane society under section 1717.06 of the Revised Code, 256
including, without limitation, a requirement that the agents 257
receive instruction on traditional animal husbandry methods and 258
training techniques, including customary owner-performed 259
practices.260

       (B) The commission shall appoint an executive director, with261
the approval of the attorney general, who shall hold office during262
the pleasure of the commission. The executive director shall263
perform such duties assigned by the commission. The executive 264
director shall receive a salary fixed pursuant to Chapter 124. of 265
the Revised Code and reimbursement for expenses within the amounts266
available by appropriation. The executive director may appoint267
officers, employees, agents, and consultants as the executive268
director considers necessary, prescribe their duties, and provide 269
for reimbursement of their expenses within the amounts available 270
for reimbursement by appropriation and with the approval of the271
commission.272

       (C) The commission may do all of the following:273

       (1) Recommend studies, surveys, and reports to be made by the 274
executive director regarding the carrying out of the objectives 275
and purposes of sections 109.71 to 109.77 of the Revised Code;276

       (2) Visit and inspect any peace officer training school that277
has been approved by the executive director or for which278
application for approval has been made;279

       (3) Make recommendations, from time to time, to the executive 280
director, the attorney general, and the general assembly regarding 281
the carrying out of the purposes of sections 109.71 to 109.77 of 282
the Revised Code;283

       (4) Report to the attorney general from time to time, and to284
the governor and the general assembly at least annually,285
concerning the activities of the commission;286

       (5) Establish fees for the services the commission offers287
under sections 109.71 to 109.79 of the Revised Code, including,288
but not limited to, fees for training, certification, and testing;289

       (6) Perform such other acts as are necessary or appropriate290
to carry out the powers and duties of the commission as set forth291
in sections 109.71 to 109.77 of the Revised Code.292

       (D) In establishing the requirements, under division (A)(12) 293
of this section, the commission may consider any portions of the 294
curriculum for instruction on the topic of animal husbandry 295
practices, if any, of the Ohio state university college of 296
veterinary medicine. No person or entity that fails to provide 297
instruction on traditional animal husbandry methods and training 298
techniques, including customary owner-performed practices, shall 299
qualify to train a humane agent for appointment under section 300
1717.06 of the Revised Code.301

       Sec. 109.77.  (A) As used in this section, "felony" has the302
same meaning as in section 109.511 of the Revised Code.303

       (B)(1) Notwithstanding any general, special, or local law or304
charter to the contrary, and except as otherwise provided in this305
section, no person shall receive an original appointment on a306
permanent basis as any of the following unless the person307
previously has been awarded a certificate by the executive308
director of the Ohio peace officer training commission attesting309
to the person's satisfactory completion of an approved state,310
county, municipal, or department of natural resources peace311
officer basic training program:312

       (a) A peace officer of any county, township, municipal313
corporation, regional transit authority, or metropolitan housing314
authority;315

       (b) A natural resources law enforcement staff officer, park316
officer, forest officer, preserve officer, wildlife officer, or317
state watercraft officer of the department of natural resources;318

       (c) An employee of a park district under section 511.232 or319
1545.13 of the Revised Code;320

       (d) An employee of a conservancy district who is designated321
pursuant to section 6101.75 of the Revised Code;322

       (e) A state university law enforcement officer;323

       (f) A special police officer employed by the department of324
mental health pursuant to section 5119.14 of the Revised Code or325
the department of mental retardation and developmental326
disabilities pursuant to section 5123.13 of the Revised Code;327

       (g) An enforcement agent of the department of public safety328
whom the director of public safety designates under section329
5502.14 of the Revised Code;330

       (h) A special police officer employed by a port authority331
under section 4582.04 or 4582.28 of the Revised Code;332

       (i) A special police officer employed by a municipal333
corporation at a municipal airport, or other municipal air334
navigation facility, that has scheduled operations, as defined in335
section 119.3 of Title 14 of the Code of Federal Regulations, 14336
C.F.R. 119.3, as amended, and that is required to be under a337
security program and is governed by aviation security rules of the338
transportation security administration of the United States339
department of transportation as provided in Parts 1542. and 1544.340
of Title 49 of the Code of Federal Regulations, as amended;341

       (j) A police officer of a police department of a regional 342
water and sewer district who is appointed under section 6119.63 of 343
the Revised Code.344

       (2) Every person who is appointed on a temporary basis or for 345
a probationary term or on other than a permanent basis as any of 346
the following shall forfeit the appointed position unless the347
person previously has completed satisfactorily or, within the time348
prescribed by rules adopted by the attorney general pursuant to349
section 109.74 of the Revised Code, satisfactorily completes a350
state, county, municipal, or department of natural resources peace351
officer basic training program for temporary or probationary352
officers and is awarded a certificate by the director attesting to353
the satisfactory completion of the program:354

       (a) A peace officer of any county, township, municipal355
corporation, regional transit authority, or metropolitan housing356
authority;357

       (b) A natural resources law enforcement staff officer, park358
officer, forest officer, preserve officer, wildlife officer, or359
state watercraft officer of the department of natural resources;360

       (c) An employee of a park district under section 511.232 or361
1545.13 of the Revised Code;362

       (d) An employee of a conservancy district who is designated363
pursuant to section 6101.75 of the Revised Code;364

       (e) A special police officer employed by the department of365
mental health pursuant to section 5119.14 of the Revised Code or366
the department of mental retardation and developmental367
disabilities pursuant to section 5123.13 of the Revised Code;368

       (f) An enforcement agent of the department of public safety369
whom the director of public safety designates under section370
5502.14 of the Revised Code;371

       (g) A special police officer employed by a port authority372
under section 4582.04 or 4582.28 of the Revised Code;373

       (h) A special police officer employed by a municipal374
corporation at a municipal airport, or other municipal air375
navigation facility, that has scheduled operations, as defined in376
section 119.3 of Title 14 of the Code of Federal Regulations, 14377
C.F.R. 119.3, as amended, and that is required to be under a378
security program and is governed by aviation security rules of the379
transportation security administration of the United States380
department of transportation as provided in Parts 1542. and 1544.381
of Title 49 of the Code of Federal Regulations, as amended;382

       (i) A police officer of a police department of a regional 383
water and sewer district who is appointed under section 6119.63 of 384
the Revised Code.385

       (3) For purposes of division (B) of this section, a state,386
county, municipal, or department of natural resources peace387
officer basic training program, regardless of whether the program388
is to be completed by peace officers appointed on a permanent or389
temporary, probationary, or other nonpermanent basis, shall390
include at least fifteen hours of training in the handling of the391
offense of domestic violence, other types of domestic392
violence-related offenses and incidents, and protection orders and393
consent agreements issued or approved under section 2919.26 or394
3113.31 of the Revised Code and at least six hours of crisis395
intervention training. The requirement to complete fifteen hours396
of training in the handling of the offense of domestic violence,397
other types of domestic violence-related offenses and incidents,398
and protection orders and consent agreements issued or approved399
under section 2919.26 or 3113.31 of the Revised Code does not400
apply to any person serving as a peace officer on March 27, 1979,401
and the requirement to complete six hours of training in crisis402
intervention does not apply to any person serving as a peace403
officer on April 4, 1985. Any person who is serving as a peace404
officer on April 4, 1985, who terminates that employment after405
that date, and who subsequently is hired as a peace officer by the406
same or another law enforcement agency shall complete the six407
hours of training in crisis intervention within the time408
prescribed by rules adopted by the attorney general pursuant to409
section 109.742 of the Revised Code. No peace officer shall have410
employment as a peace officer terminated and then be reinstated411
with intent to circumvent this section.412

       (4) Division (B) of this section does not apply to any person 413
serving on a permanent basis on March 28, 1985, as a park officer, 414
forest officer, preserve officer, wildlife officer, or state 415
watercraft officer of the department of natural resources or as an 416
employee of a park district under section 511.232 or 1545.13 of 417
the Revised Code, to any person serving on a permanent basis on418
March 6, 1986, as an employee of a conservancy district designated419
pursuant to section 6101.75 of the Revised Code, to any person420
serving on a permanent basis on January 10, 1991, as a preserve421
officer of the department of natural resources, to any person422
employed on a permanent basis on July 2, 1992, as a special police423
officer by the department of mental health pursuant to section424
5119.14 of the Revised Code or by the department of mental425
retardation and developmental disabilities pursuant to section426
5123.13 of the Revised Code, to any person serving on a permanent427
basis on May 17, 2000, as a special police officer employed by a 428
port authority under section 4582.04 or 4582.28 of the Revised 429
Code, to any person serving on a permanent basis on the effective 430
date of this amendmentMarch 19, 2003, as a special police officer 431
employed by a municipal corporation at a municipal airport or 432
other municipal air navigation facility described in division 433
(A)(19) of section 109.71 of the Revised Code, to any person 434
serving on a permanent basis on June 19, 1978, as a state 435
university law enforcement officer pursuant to section 3345.04 of 436
the Revised Code and who, immediately prior to June 19, 1978, was 437
serving as a special police officer designated under authority of 438
that section, or to any person serving on a permanent basis on 439
September 20, 1984, as a liquor control investigator, known after 440
June 30, 1999, as an enforcement agent of the department of public 441
safety, engaged in the enforcement of Chapters 4301. and 4303. of 442
the Revised Code.443

       (5) Division (B) of this section does not apply to any person 444
who is appointed as a regional transit authority police officer445
pursuant to division (Y) of section 306.35 of the Revised Code if, 446
on or before July 1, 1996, the person has completed satisfactorily 447
an approved state, county, municipal, or department of natural 448
resources peace officer basic training program and has been 449
awarded a certificate by the executive director of the Ohio peace 450
officer training commission attesting to the person's satisfactory 451
completion of such an approved program and if, on July 1, 1996, 452
the person is performing peace officer functions for a regional 453
transit authority.454

       (C) No person, after September 20, 1984, shall receive an455
original appointment on a permanent basis as a veterans' home 456
police officer designated under section 5907.02 of the Revised457
Code unless the person previously has been awarded a certificate458
by the executive director of the Ohio peace officer training 459
commission attesting to the person's satisfactory completion of an 460
approved police officer basic training program. Every person who 461
is appointed on a temporary basis or for a probationary term or on 462
other than a permanent basis as a veterans' home police officer463
designated under section 5907.02 of the Revised Code shall forfeit 464
that position unless the person previously has completed 465
satisfactorily or, within one year from the time of appointment,466
satisfactorily completes an approved police officer basic training467
program.468

       (D) No bailiff or deputy bailiff of a court of record of this 469
state and no criminal investigator who is employed by the state 470
public defender shall carry a firearm, as defined in section471
2923.11 of the Revised Code, while on duty unless the bailiff,472
deputy bailiff, or criminal investigator has done or received one473
of the following:474

       (1) Has been awarded a certificate by the executive director475
of the Ohio peace officer training commission, which certificate476
attests to satisfactory completion of an approved state, county,477
or municipal basic training program for bailiffs and deputy478
bailiffs of courts of record and for criminal investigators479
employed by the state public defender that has been recommended by480
the Ohio peace officer training commission;481

       (2) Has successfully completed a firearms training program482
approved by the Ohio peace officer training commission prior to483
employment as a bailiff, deputy bailiff, or criminal investigator;484

       (3) Prior to June 6, 1986, was authorized to carry a firearm485
by the court that employed the bailiff or deputy bailiff or, in486
the case of a criminal investigator, by the state public defender487
and has received training in the use of firearms that the Ohio488
peace officer training commission determines is equivalent to the489
training that otherwise is required by division (D) of this490
section.491

       (E)(1) Before a person seeking a certificate completes an 492
approved peace officer basic training program, the executive 493
director of the Ohio peace officer training commission shall 494
request the person to disclose, and the person shall disclose, any 495
previous criminal conviction of or plea of guilty of that person 496
to a felony.497

       (2) Before a person seeking a certificate completes an 498
approved peace officer basic training program, the executive 499
director shall request a criminal history records check on the 500
person. The executive director shall submit the person's 501
fingerprints to the bureau of criminal identification and 502
investigation, which shall submit the fingerprints to the federal 503
bureau of investigation for a national criminal history records 504
check.505

       Upon receipt of the executive director's request, the bureau 506
of criminal identification and investigation and the federal 507
bureau of investigation shall conduct a criminal history records 508
check on the person and, upon completion of the check, shall509
provide a copy of the criminal history records check to the 510
executive director. The executive director shall not award any 511
certificate prescribed in this section unless the executive 512
director has received a copy of the criminal history records check 513
on the person to whom the certificate is to be awarded.514

       (3) The executive director of the commission shall not award515
a certificate prescribed in this section to a person who has been516
convicted of or has pleaded guilty to a felony or who fails to517
disclose any previous criminal conviction of or plea of guilty to518
a felony as required under division (E)(1) of this section.519

       (4) The executive director of the commission shall revoke the 520
certificate awarded to a person as prescribed in this section, and 521
that person shall forfeit all of the benefits derived from being522
certified as a peace officer under this section, if the person, 523
before completion of an approved peace officer basic training 524
program, failed to disclose any previous criminal conviction of or 525
plea of guilty to a felony as required under division (E)(1) of 526
this section.527

       (F)(1) Regardless of whether the person has been awarded the528
certificate or has been classified as a peace officer prior to,529
on, or after October 16, 1996, the executive director of the Ohio530
peace officer training commission shall revoke any certificate531
that has been awarded to a person as prescribed in this section if532
the person does either of the following:533

       (a) Pleads guilty to a felony committed on or after January534
1, 1997;535

       (b) Pleads guilty to a misdemeanor committed on or after536
January 1, 1997, pursuant to a negotiated plea agreement as537
provided in division (D) of section 2929.43 of the Revised Code in538
which the person agrees to surrender the certificate awarded to539
the person under this section.540

       (2) The executive director of the commission shall suspend541
any certificate that has been awarded to a person as prescribed in542
this section if the person is convicted, after trial, of a felony543
committed on or after January 1, 1997. The executive director544
shall suspend the certificate pursuant to division (F)(2) of this545
section pending the outcome of an appeal by the person from that546
conviction to the highest court to which the appeal is taken or547
until the expiration of the period in which an appeal is required548
to be filed. If the person files an appeal that results in that549
person's acquittal of the felony or conviction of a misdemeanor,550
or in the dismissal of the felony charge against that person, the551
executive director shall reinstate the certificate awarded to the552
person under this section. If the person files an appeal from that 553
person's conviction of the felony and the conviction is upheld by 554
the highest court to which the appeal is taken or if the person 555
does not file a timely appeal, the executive director shall revoke 556
the certificate awarded to the person under this section.557

       (G)(1) If a person is awarded a certificate under this558
section and the certificate is revoked pursuant to division (E)(4)559
or (F) of this section, the person shall not be eligible to560
receive, at any time, a certificate attesting to the person's561
satisfactory completion of a peace officer basic training program.562

       (2) The revocation or suspension of a certificate under563
division (E)(4) or (F) of this section shall be in accordance with564
Chapter 119. of the Revised Code.565

       (H)(1) A person who was employed as a peace officer of a566
county, township, or municipal corporation of the state on January567
1, 1966, and who has completed at least sixteen years of full-time568
active service as such a peace officer may receive an original569
appointment on a permanent basis and serve as a peace officer of a570
county, township, or municipal corporation, or as a state571
university law enforcement officer, without complying with the572
requirements of division (B) of this section.573

       (2) Any person who held an appointment as a state highway574
trooper on January 1, 1966, may receive an original appointment on575
a permanent basis and serve as a peace officer of a county,576
township, or municipal corporation, or as a state university law577
enforcement officer, without complying with the requirements of578
division (B) of this section.579

       (I) No person who is appointed as a peace officer of a580
county, township, or municipal corporation on or after April 9,581
1985, shall serve as a peace officer of that county, township, or582
municipal corporation unless the person has received training in583
the handling of missing children and child abuse and neglect cases584
from an approved state, county, township, or municipal police585
officer basic training program or receives the training within the586
time prescribed by rules adopted by the attorney general pursuant587
to section 109.741 of the Revised Code.588

       (J) No part of any approved state, county, or municipal basic 589
training program for bailiffs and deputy bailiffs of courts of 590
record and no part of any approved state, county, or municipal591
basic training program for criminal investigators employed by the592
state public defender shall be used as credit toward the593
completion by a peace officer of any part of the approved state,594
county, or municipal peace officer basic training program that the595
peace officer is required by this section to complete596
satisfactorily.597

       (K) This section does not apply to any member of the police598
department of a municipal corporation in an adjoining state599
serving in this state under a contract pursuant to section 737.04600
of the Revised Code.601

       Sec. 6119.60.  As used in sections 6119.60 to 6119.64 of the 602
Revised Code:603

       (A) "Authorizing agreement" means the written agreement 604
entered into between a regional water and sewer district and a 605
political subdivision under section 6119.62 of the Revised Code 606
for the provision of police services within the political 607
subdivision by the police department of the regional water and 608
sewer district.609

       (B) "Felony" has the same meaning as in section 109.511 of 610
the Revised Code.611

       (C) "Political subdivision" means a county, township, or 612
municipal corporation.613

       Sec. 6119.61.  Subject to the requirements and limitations 614
established in sections 6119.60 to 6119.64 of the Revised Code, 615
the board of trustees of a regional water and sewer district may 616
establish a police department to provide police services within or 617
at facilities that are owned, operated, or leased by the district 618
within one or more political subdivisions, provided that the 619
district has entered into an authorizing agreement with each 620
political subdivision within which it intends to provide police 621
services.622

       Sec. 6119.62.  (A) A regional water and sewer district 623
seeking to establish a police department under sections 6119.60 to 624
6119.64 of the Revised Code shall enter into an authorizing 625
agreement with each political subdivision within which the 626
district intends to provide police services within or at 627
facilities that are owned, operated, or leased by the district. 628
Such an agreement shall be entered into with the chief of police 629
of the political subdivision by the board of trustees of the 630
district and shall apply only to that political subdivision. The 631
district shall enter into a separate authorizing agreement with 632
each political subdivision within which the police department of 633
the district will provide police services.634

       (B) An authorizing agreement may include, but is not limited 635
to, both of the following:636

       (1) An identification of the geographic territory within the 637
political subdivision in which the police department established 638
by the regional water and sewer district may provide police 639
services;640

       (2) Standards and criteria governing the interaction between 641
the police officers employed by the police department established 642
by the district and the law enforcement officers employed by the 643
political subdivision. The standards and criteria may include, but 644
are not limited to, either or both of the following:645

       (a) Provisions governing the reporting of offenses discovered 646
by the police officers employed by the district police department 647
to the police department of the political subdivision;648

       (b) Provisions governing the processing and confinement of 649
persons arrested by police officers employed by the district 650
police department.651

       (C) An authorizing agreement shall not require, or contain 652
any provision granting authority to, the chief of police or any 653
other officer, official, or employee of a political subdivision to 654
appoint, or to approve or disapprove the appointment of, a police 655
officer of a regional water and sewer district police department. 656
An authorizing agreement shall comply with any applicable 657
provisions of the Revised Code and with any charter, ordinance, 658
resolution, or regulation of the applicable political subdivision 659
that may apply to it.660

       Sec. 6119.63.  (A) The board of trustees of a regional water 661
and sewer district that establishes a police department under 662
sections 6119.60 to 6119.64 of the Revised Code may appoint and 663
employ persons as police officers of the department. District 664
police officers shall have the power and duty to act as peace 665
officers within or at facilities that are owned, operated, or 666
leased by the district, to protect the regional water and sewer 667
district's property, to preserve the peace, and to enforce all 668
laws of the state and all charter provisions, ordinances, 669
resolutions, and regulations of political subdivisions with which 670
the district has authorizing agreements.671

       No person who is appointed and employed as a police officer 672
under this section shall engage in any duties or activities as a 673
police officer within a political subdivision unless both of the 674
following apply:675

       (1) The person successfully has completed a training program 676
approved by the Ohio peace officer training commission and has 677
been certified by the commission as having successfully completed 678
the training program, or the person previously has successfully 679
completed a police officer basic training program certified by the 680
commission and has been awarded a certificate to that effect by 681
the commission.682

       (2) The regional water and sewer district has entered into an 683
authorizing agreement with the chief of police of the political 684
subdivision.685

       (B) A person who is appointed and employed as a police 686
officer by a regional water and sewer district police department 687
under this section may act as a police officer only to the extent 688
and in the manner described in sections 6119.60 to 6119.64 of the 689
Revised Code and in rules of the district when directly engaged in 690
the discharge of that person's duties as a police officer for the 691
district. Before exercising powers of arrest and other powers and 692
duties of a peace officer, a regional water and sewer district 693
police officer shall take an oath and give bond to the state, in 694
an amount that the board of trustees of the district prescribes, 695
for the proper exercise of those powers.696

       (C)(1) The board of trustees of a regional water and sewer 697
district that establishes a police department shall not appoint a 698
person as a police officer of the department on a permanent basis, 699
on a temporary basis, for a probationary term, or on other than a 700
permanent basis if the person previously has been convicted of or 701
has pleaded guilty to a felony.702

       (2)(a) The board of trustees of a district shall terminate 703
the employment of a police officer of its police department if the 704
police officer does either of the following:705

       (i) Pleads guilty to a felony;706

       (ii) Pleads guilty to a misdemeanor pursuant to a negotiated 707
plea agreement as provided in division (D) of section 2929.43 of 708
the Revised Code in which the police officer agrees to surrender 709
the certificate awarded to the police officer under section 109.77 710
of the Revised Code.711

       (b) The board of trustees of a district shall suspend from 712
employment a police officer of its police department if the police 713
officer is convicted, after trial, of a felony. If the police 714
officer files an appeal from that conviction and the conviction is 715
upheld by the highest court to which the appeal is taken or if the 716
police officer does not file a timely appeal, the board shall 717
terminate the employment of the police officer. If the police 718
officer files an appeal that results in the police officer's 719
acquittal of the felony or conviction of a misdemeanor, or in the 720
dismissal of the felony charge against the police officer, the 721
board shall reinstate the police officer. A police officer who is 722
reinstated under division (B)(2)(b) of this section shall not 723
receive any back pay unless the police officer's conviction of the 724
felony was reversed on appeal, or the felony charge was dismissed, 725
because the court found insufficient evidence to convict the 726
police officer of the felony.727

       Sec. 6119.64.  If a regional water and sewer district 728
establishes a police department under sections 6119.60 to 6119.64 729
of the Revised Code, the district, within the geographical 730
territory of a political subdivision with which the district has 731
entered into an authorizing agreement, concurrently with the 732
political subdivision shall preserve the peace, protect persons 733
and property, enforce the laws of the state, and enforce the 734
charter provisions, ordinances, resolutions, and regulations, as 735
applicable, of the political subdivision that apply within that 736
geographical territory. Except as limited by the terms of the 737
authorizing agreement, a police officer who is appointed and 738
employed by a police department established by a district and who 739
satisfies the requirement established in division (A)(1) of 740
section 6119.63 of the Revised Code is vested, while directly in 741
the discharge of that police officer's duties as a police officer, 742
with the same powers and authority as are vested in a police 743
officer of a political subdivision under Title XXIX of the Revised 744
Code and the Rules of Criminal Procedure and with the same powers 745
and authority, including the operation of a public safety vehicle, 746
as are vested in a police officer of a political subdivision under 747
Chapter 4511. of the Revised Code. In addition, a police officer 748
who is appointed and employed by a police department established 749
by a district may render emergency assistance to another peace 750
officer if there is a threat of imminent physical danger to the 751
peace officer, a threat of physical harm to another person, or any 752
other serious emergency situation and if either the peace officer 753
who is assisted requests emergency assistance or it appears that 754
the peace officer who is assisted is unable to request emergency 755
assistance and the circumstances observed by the regional water 756
and sewer district police officer reasonably indicate that 757
emergency assistance is appropriate.758

       Section 2. That existing sections 109.71, 109.73, and 109.77 759
of the Revised Code are hereby repealed.760

       Section 3.  Section 109.71 of the Revised Code is presented 761
in this act as a composite of the section as amended by both Sub. 762
H.B. 347 and Sub. H.B. 454 of the 126th General Assembly. The 763
General Assembly, applying the principle stated in division (B) of 764
section 1.52 of the Revised Code that amendments are to be 765
harmonized if reasonably capable of simultaneous operation, finds 766
that the composite is the resulting version of the section in 767
effect prior to the effective date of the section as presented in 768
this act.769