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| To enact section 5502.69 of the Revised Code to | 1 |
| require law enforcement agencies to submit a | 2 |
| written report to the Division of Criminal Justice | 3 |
| Services of the Department of Public Safety | 4 |
| regarding the death of any person who is shot by | 5 |
| the law enforcement agency's law enforcement | 6 |
| officers and to require all law enforcement | 7 |
| officers to complete in-service firearm training | 8 |
| if in any year five or more of the deceased were | 9 |
| unarmed. | 10 |
| Section 1. That section 5502.69 of the Revised Code be | 11 |
| enacted to read as follows: | 12 |
| Sec. 5502.69. (A)(1) Every law enforcement agency shall | 13 |
| submit a written report to the division of criminal justice | 14 |
| services of the department of public safety regarding the death of | 15 |
| any person, other than a law enforcement officer, who was shot by | 16 |
| one or more of the law enforcement agency's law enforcement | 17 |
| officers during the course of the law enforcement officer's | 18 |
| official duties. The report shall be reviewed for accuracy by the | 19 |
| law enforcement agency's highest ranking law enforcement officer | 20 |
| prior to the report's submission. The law enforcement agency shall | 21 |
| submit the report to the division of criminal justice services | 22 |
| within seventy-two hours after the person's death. | 23 |
| (2)(a) Prior to the law enforcement agency's submission of | 24 |
| the report, the law enforcement agency shall determine if the | 25 |
| coroner has performed an autopsy on the deceased and determined a | 26 |
| cause of death under Chapter 313. of the Revised Code. The law | 27 |
| enforcement agency also shall determine if another law enforcement | 28 |
| agency that is not required to submit a report under division | 29 |
| (A)(1) of this section has written a report related to the | 30 |
| deceased's death. | 31 |
| (b) If a coroner has a record of the cause of the deceased's | 32 |
| death or another law enforcement agency has written a report | 33 |
| related to the deceased's death, the law enforcement agency shall | 34 |
| obtain a copy of the record or report and submit it to the | 35 |
| division of criminal justice services with the law enforcement | 36 |
| agency's report. If, for any reason, the coroner has not provided | 37 |
| a copy of the coroner's record or the other law enforcement agency | 38 |
| has not provided a copy of its report to the law enforcement | 39 |
| agency, the coroner or other law enforcement agency shall submit a | 40 |
| copy of the record or report to the division of criminal justice | 41 |
| services within seventy-two hours after the coroner or law | 42 |
| enforcement agency completes the record or report. | 43 |
| (B) Subject to the approval of the director of public safety, | 44 |
| the division of criminal justice services shall adopt rules | 45 |
| pursuant to Chapter 119. of the Revised Code governing a law | 46 |
| enforcement agency's submission of the written report and the | 47 |
| contents of the report. At a minimum, the report shall include all | 48 |
| of the following: | 49 |
| (1) The name, gender, race, ethnicity, and age of the | 50 |
| deceased; | 51 |
| (2) The date, time, and location of the death; | 52 |
| (3) A brief description of the circumstances surrounding the | 53 |
| death; | 54 |
| (4) The name and address of any person, other than a law | 55 |
| enforcement officer, who is known to have witnessed the shooting; | 56 |
| (5) The name of any witness or law enforcement officer who | 57 |
| has stated that the deceased was, or was not, in the possession of | 58 |
| a firearm at the time of the shooting, with a summary of the | 59 |
| witness' or law enforcement officer's statement; | 60 |
| (6) A description of any firearm recovered at the location of | 61 |
| the shooting. If a law enforcement agency recovers a firearm after | 62 |
| submitting the report, the law enforcement agency shall report the | 63 |
| recovery of the firearm to the division of criminal justice | 64 |
| services within seventy-two hours after recovering the firearm. | 65 |
| (C) Within seventy-two hours after receiving a law | 66 |
| enforcement agency's written report, the division of criminal | 67 |
| justice services shall review and file the report. The division of | 68 |
| criminal justice services shall maintain the written reports | 69 |
| submitted by law enforcement agencies. A law enforcement agency's | 70 |
| report shall be a public record that is open for inspection under | 71 |
| section 149.43 of the Revised Code. | 72 |
| (D) The department of public safety shall produce a yearly | 73 |
| report that, at a minimum, summarizes each written report | 74 |
| submitted to the division of criminal justice services under | 75 |
| division (A) of this section during the preceding year and | 76 |
| analyzes the submitted reports as a whole. The department of | 77 |
| public safety shall submit the yearly report to the president of | 78 |
| the senate, the minority leader of the senate, the speaker of the | 79 |
| house of representatives, the minority leader of the house of | 80 |
| representatives, each law enforcement agency that submitted a | 81 |
| report to the division of criminal justice services during the | 82 |
| preceding year, and the attorney general by the thirty-first day | 83 |
| of January of each year. | 84 |
| (E)(1)(a) The department of public safety's yearly report | 85 |
| shall state the number of deceased who were not in the possession | 86 |
| of a firearm when shot by law enforcement officers. If a firearm | 87 |
| was not recovered at the location of a shooting, the deceased | 88 |
| shall be included in the number of deceased who were not in the | 89 |
| possession of a firearm when shot by law enforcement officers. If | 90 |
| the yearly report states that five or more of the deceased were | 91 |
| not in the possession of a firearm when shot by law enforcement | 92 |
| officers, all law enforcement officers in the state shall be | 93 |
| required to complete an in-service firearm training program at the | 94 |
| Ohio peace officer training academy. The training shall include | 95 |
| training on the use of deadly force and the modified low-ready | 96 |
| position. The attorney general shall notify every law enforcement | 97 |
| agency within thirty days after the department of public safety | 98 |
| issues the yearly report if the law enforcement agency's law | 99 |
| enforcement officers are required to complete the in-service | 100 |
| firearm training. | 101 |
| (b) All law enforcement officers shall complete the | 102 |
| in-service training within one year after the attorney general | 103 |
| notifies the law enforcement officer's law enforcement agency. If | 104 |
| a law enforcement officer does not complete the in-service | 105 |
| training during this time, the law enforcement officer shall not | 106 |
| carry a firearm during the course of the law enforcement officer's | 107 |
| official duties until the law enforcement officer has completed | 108 |
| the in-service training. | 109 |
| (2) The attorney general shall adopt, in accordance with | 110 |
| Chapter 119. of the Revised Code or pursuant to section 109.74 of | 111 |
| the Revised Code, rules governing the program of in-service | 112 |
| training. The rules shall require each law enforcement agency to | 113 |
| reimburse the peace officer training commission for the costs of | 114 |
| the in-service training program attended by the law enforcement | 115 |
| agency's law enforcement officers. | 116 |
| (F) As used in this section: | 117 |
| (1) "Deadly weapon" means any instrument, device, or thing | 118 |
| capable of inflicting death, and designed or specifically adapted | 119 |
| for use as a weapon, or possessed, carried, or used as a weapon. | 120 |
| (2) "Firearm" means any deadly weapon capable of expelling or | 121 |
| propelling one or more projectiles by the action of an explosive | 122 |
| or combustible propellant. | 123 |
| (3) "Law enforcement agency" means an organization or entity | 124 |
| made up of law enforcement officers. | 125 |
| (4) "Law enforcement officer" means a peace officer as | 126 |
| defined in section 109.71 of the Revised Code, a sheriff, and the | 127 |
| superintendent and troopers of the state highway patrol. | 128 |