As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 354


Representatives Butler, Young 

Cosponsors: Representatives Adams, J., Beck, Becker, Brenner, Henne, Hood, Lynch, Retherford, Roegner, Sprague, Stebelton, Terhar 

A BILL
To enact section 2935.034 of the Revised Code to 1
prevent the state or a political subdivision from 2
assisting the armed forces of the United States in 3
the illegal investigation, prosecution, or 4
detention of any person within the state who is 5
lawfully present in the United States.6


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

       Section 1. That section 2935.034 of the Revised Code be 7
enacted to read as follows:8

       Sec. 2935.034.  (A)(1) Except as provided in division (A)(2) 9
of this section, notwithstanding any contrary provision of law, no 10
agency of this state, political subdivision of this state, 11
employee of either acting in the employee's official capacity, or 12
any member of the Ohio organized militia, when such a member is 13
serving in the Ohio organized militia on official state duty, 14
shall knowingly aid an agency of the United States in any 15
investigation, prosecution, or detention of a person within this 16
state, pursuant to any of the following laws, if the agency, 17
political subdivision, employee, or member would violate the 18
United States Constitution or the constitution of this state: 19

       (a) Section 1021 or 1022 of the "National Defense 20
Authorization Act for Fiscal Year 2012," Pub. L. No. 112-81; 21

       (b) The "Authorization for Use of Military Force of 2001," 22
Pub. L. No. 107-40; or23

       (c) Any other federal law that would deprive a person who is 24
lawfully present in the United States of the right to petition for 25
a writ of habeas corpus.26

       (2) Division (A)(1) of this section does not apply to 27
participation by state or local law enforcement or the Ohio 28
organized militia in a joint task force, partnership, or other 29
similar cooperative agreement with federal law enforcement if that 30
joint task force, partnership, or similar cooperative agreement is 31
not for the purpose of investigating, prosecuting, or detaining 32
any person who is lawfully present in the United States pursuant 33
to the laws described in divisions (A)(1)(a) to (c) of this 34
section.35

        (B) It is the policy of this state to refuse to provide 36
material support for or to participate in any way with the 37
implementation within this state of any federal law that purports 38
to authorize indefinite detention of a person within this state.39

       (C) Notwithstanding any contrary provision of law, no 40
political subdivision, no law enforcement agency of a political 41
subdivision, and no employee of a political subdivision acting in 42
the employee's official capacity shall knowingly use state funds 43
or funds appropriated by the state to local entities on or after 44
the effective date of this section, in whole or in part, to engage 45
in any activity that aids an agency of the United States in the 46
detention of any person within this state for purposes of 47
implementing the laws described in divisions (A)(1)(a) to (c) of 48
this section, if that activity would violate the United States 49
Constitution or the constitution of this state.50