As Reported by the Senate State and Local Government and Veterans Affairs Committee

127th General Assembly Regular Session 2007-2008

Am. S. B. No. 260

Senator Cates 

Cosponsors: Senators Mumper, Seitz, Schuring, Faber, Spada, Austria, Fedor, Wagoner 

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A BILL

To amend sections 9.63, 311.07, and 341.21 of the

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Revised Code to provide that a board of county

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commissioners may direct a sheriff to take custody

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of persons who are being detained for deportation

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or who are charged with civil violations of

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immigration law and to expressly authorize state

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and local employees and county sheriffs to render

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assistance to federal immigration officials in the

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investigation and enforcement of federal

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immigration law.

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

Section 1. That sections 9.63, 311.07, and 341.21 of the	11
Revised Code be amended to read as follows:	12

Sec. 9.63.  (A) Notwithstanding any law, ordinance, or	13
collective bargaining contract to the contrary, no state or local	14
employee shall unreasonably fail to comply with any lawful request	15
for assistance made by any federal authorities carrying out the	16
provisions of the USA Patriot Act, any federal immigration or	17
terrorism investigation, or any executive order of the president	18
of the United States pertaining to homeland security, to the	19
extent that the request is consistent with the doctrine of	20
federalism. A federal immigration investigation includes all	21
activities of federal immigration officials related to the	22
investigation, apprehension, and detention of aliens who violate	23
criminal or civil provisions of federal immigration law.	24

(B) No municipal corporation shall enact an ordinance,	25
policy, directive, rule, or resolution that would materially	26
hinder or prevent local employees from complying with the USA	27
Patriot Act or any executive order of the president of the United	28
States pertaining to homeland security or from cooperating with	29
state or federal immigration services and terrorism	30
investigations.	31

(C)(1) Any municipal corporation that enacts any ordinance,	32
policy, directive, rule, or resolution that division (B) of this	33
section prohibits is ineligible to receive any homeland security	34
funding available from the state.	35

(2) Whenever the director of public safety determines that a	36
municipal corporation has enacted any ordinance, policy,	37
directive, rule, or resolution that division (B) of this section	38
prohibits, the director shall certify that the municipal	39
corporation is ineligible to receive any homeland security funding	40
from the state and shall notify the general assembly of that	41
ineligibility. That municipal corporation shall remain ineligible	42
to receive any homeland security funding from the state until the	43
director certifies that the ordinance, policy, directive, rule, or	44
resolution has been repealed.	45

(D)(1) If a state or local employee states disagreement with,	46
or a critical opinion of, the USA Patriot Act, any federal	47
immigration or terrorism policy, or any executive order of the	48
president of the United States pertaining to homeland security,	49
the statement of disagreement with or critical opinion of the act	50
or order is not sufficient to qualify for purposes of this section	51
as unreasonable noncompliance with a request for assistance of the	52
type division (A) of this section describes.	53

(2) Any municipal corporation's ordinance, policy, directive,	54
rule, or resolution that states disagreement with, or a critical	55
opinion of, any state or federal immigration or terrorism policy,	56
the USA Patriot Act, or any executive order of the president of	57
the United States pertaining to homeland security is not	58
sufficient to qualify as a "material hindrance or prevention" of	59
local employees from cooperating with federal immigration services	60
and terrorism investigations or from complying with the USA	61
Patriot Act or any executive order of the president of the United	62
States pertaining to homeland security for purposes of divisions	63
(B), (C), and (D) of this section.	64

(E) As used in this section, "USA Patriot Act" means the	65
"Uniting and Strengthening America by Providing Appropriate Tools	66
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act	67
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	68

Sec. 311.07.  (A) Each sheriff shall preserve the public	69
peace and cause all persons guilty of any breach of the peace,	70
within the sheriff's knowledge or view, to enter into recognizance	71
with sureties to keep the peace and to appear at the succeeding	72
term of the court of common pleas, and the sheriff shall commit	73
such persons to jail in case they refuse to do so. The sheriff	74
shall return a transcript of all the sheriff's proceedings with	75
the recognizance so taken to such court. The sheriff shall, except	76
as provided in division (C) of this section, execute all warrants,	77
writs, and other process directed to the sheriff by any proper and	78
lawful authority of this state, and those issued by a proper and	79
lawful authority of any other state. The sheriff shall attend upon	80
the court of common pleas and the court of appeals during their	81
sessions, and, when required, shall attend upon the probate court.	82
In the execution of official duties of the sheriff, the sheriff	83
may call to the sheriff's aid such persons or power of the county	84
as is necessary. Under the direction and control of the board of	85
county commissioners, such sheriff shall have charge of the court	86
house. A sheriff or deputy sheriff of a county may participate, as	87
the director of an organized crime task force established under	88
section 177.02 of the Revised Code or as a member of the	89
investigatory staff of such a task force, in an investigation of	90
organized criminal activity in any county or counties in this	91
state under sections 177.01 to 177.03 of the Revised Code. A	92
sheriff, upon the request of federal immigration officials, may	93
render assistance to those officials related to the	94
investigation, apprehension, and detention of aliens who violate	95
criminal or civil provisions of federal immigration law.	96

(B) The sheriff of a county may call upon the sheriff of any	97
other county, the mayor or other chief executive of any municipal	98
corporation, and the chairperson of the board of township trustees	99
of any township within this state, to furnish such law enforcement	100
or fire protection personnel, or both, together with appropriate	101
equipment and apparatus, as may be necessary to preserve the	102
public peace and protect persons and property in the requesting	103
sheriff's county. Such aid shall be furnished to the sheriff	104
requesting it, insofar as possible without withdrawing from the	105
political subdivision furnishing such aid the minimum police and	106
fire protection appearing necessary under the circumstances. Law	107
enforcement and fire protection personnel acting outside the	108
territory of their regular employment shall be considered as	109
performing services within the territory of their regular	110
employment for the purposes of compensation, pension or indemnity	111
fund rights, workers' compensation, and other rights or benefits	112
to which they may be entitled as incidents of their regular	113
employment. The county receiving aid shall reimburse, as provided	114
in this section, the political subdivision furnishing it the cost	115
of furnishing such aid, including compensation of personnel,	116
expenses incurred by reason of the injury or death of any such	117
personnel while rendering such aid, expenses of furnishing	118
equipment and apparatus, compensation for damage to or loss of	119
equipment or apparatus while in service outside the territory of	120
its regular use, and such other reasonable expenses as may be	121
incurred by any such political subdivision in furnishing aid. The	122
cost of furnishing such aid may be paid from the sheriff's	123
furtherance of justice fund created pursuant to section 325.071 of	124
the Revised Code or from the law enforcement trust fund created	125
pursuant to section 2981.13 of the Revised Code, or from the	126
county general fund to the extent moneys have been appropriated	127
for such purposes pursuant to section 5705.38 of the Revised Code	128
unless the board of county commissioners adopts a resolution	129
restricting or prohibiting the use of general fund moneys without	130
the prior approval of the board of county commissioners. Nothing	131
in this section shall be construed as superseding or modifying in	132
any way any provision of a contract entered into pursuant to	133
section 311.29 of the Revised Code. Law enforcement officers	134
acting pursuant to this section outside the territory of their	135
regular employment have the same authority to enforce the law as	136
when acting within the territory of their regular employment.	137

(C) The sheriff shall not execute process that is issued in a	138
state other than this state, unless the process contains either of	139
the following:	140

(1) A certification by the judge of the court that issued the	141
process stating that the issuing court has jurisdiction to issue	142
the process and that the documents being forwarded conform to the	143
laws of the state in which the court is located;	144

(2) If the process is an initial summons to appear and defend	145
issued after the filing of a complaint commencing an action, a	146
certification by the clerk of the court that issued the process	147
stating that the process was issued in conformance with the laws	148
of the state in which the court is located.	149

(D) As used in this section and section 311.08 of the Revised	150
Code, "proper and lawful authority" means any authority authorized	151
by law to issue any process and "process" means those documents	152
issued in this state in accordance with section 7.01 of the	153
Revised Code and those documents, other than executions of	154
judgments or decrees, issued in a state other than this state that	155
conform to the laws of the state of issuance governing the	156
issuance of process in that state.	157

Sec. 341.21.  (A) The board of county commissioners may	158
direct the sheriff to receive into custody prisoners charged with	159
or convicted of crime by the United States, including, upon the	160
request of federal immigration officials, those persons being	161
detained for deportation or charged with a civil violation of	162
immigration law by federal immigration officials, and to keep	163
those prisoners until discharged.	164

The board of the county in which prisoners charged with or	165
convicted of crime by the United States may be so committed may	166
negotiate and conclude any contracts with the United States for	167
the use of the jail as provided by this section and as the board	168
sees fit.	169

A prisoner so committed shall be supported at the expense of	170
the United States during the prisoner's confinement in the county	171
jail. No greater compensation shall be charged by a sheriff for	172
the subsistence of that type of prisoner than is provided by	173
section 311.20 of the Revised Code to be charged for the	174
subsistence of state prisoners.	175

A sheriff or jailer who neglects or refuses to perform the	176
services and duties directed by the board by reason of this	177
division, shall be liable to the same penalties, forfeitures, and	178
actions as if the prisoner had been committed under the authority	179
of this state.	180

(B) Prior to the acceptance for housing into the county jail	181
of persons who are designated by the department of rehabilitation	182
and correction, who plead guilty to or are convicted of a felony	183
of the fourth or fifth degree, and who satisfy the other	184
requirements listed in section 5120.161 of the Revised Code, the	185
board of county commissioners shall enter into an agreement with	186
the department of rehabilitation and correction under section	187
5120.161 of the Revised Code for the housing in the county jail of	188
persons designated by the department who plead guilty to or are	189
convicted of a felony of the fourth or fifth degree and who	190
satisfy the other requirements listed in that section in exchange	191
for a per diem fee per person. Persons incarcerated in the county	192
jail pursuant to an agreement entered into under this division	193
shall be subject to supervision and control in the manner	194
described in section 5120.161 of the Revised Code. This division	195
does not affect the authority of a court to directly sentence a	196
person who is convicted of or pleads guilty to a felony to the	197
county jail in accordance with section 2929.16 of the Revised	198
Code.	199

(C) Notwithstanding any contrary provision in section	200
2929.18, 2929.28, or 2929.37 or in any other section of the	201
Revised Code, the board of county commissioners may establish a	202
policy that complies with section 2929.38 of the Revised Code and	203
that requires any person who is not indigent and who is confined	204
in the jail under division (B) of this section to pay a reception	205
fee, a fee for any medical treatment or service requested by and	206
provided to that person, or the fee for a random drug test	207
assessed under division (E) of section 341.26 of the Revised Code.	208

(D) If a sheriff receives into custody a prisoner convicted	209
of crime by the United States as described in division (A) of this	210
section, if a person who has been convicted of or pleaded guilty	211
to an offense is incarcerated in the jail in the manner described	212
in division (B) of this section, if a sheriff receives into	213
custody a prisoner charged with a crime by the United States and	214
the prisoner has had bail denied or has had bail set, has not been	215
released on bail, and is confined in jail pending trial, or if a	216
person who has been arrested for an offense, and who has been	217
denied bail or has had bail set and has not been released on bail	218
is confined in jail pending trial, at the time of reception and at	219
other times the sheriff or other person in charge of the operation	220
of the jail determines to be appropriate, the sheriff or other	221
person in charge of the operation of the jail may cause the	222
convicted or accused offender to be examined and tested for	223
tuberculosis, HIV infection, hepatitis, including, but not limited	224
to, hepatitis A, B, and C, and other contagious diseases. The	225
sheriff or other person in charge of the operation of the jail may	226
cause a convicted or accused offender in the jail who refuses to	227
be tested or treated for tuberculosis, HIV infection, hepatitis,	228
including, but not limited to, hepatitis A, B, and C, or another	229
contagious disease to be tested and treated involuntarily.	230

Section 2. That existing sections 9.63, 311.07, and 341.21 of	231
the Revised Code are hereby repealed.	232