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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 342 |
REPRESENTATIVES HOUSEHOLDER-HAINES
A BILL
To amend sections 311.07 and 505.43 of the Revised Code to expand the
authority of a county sheriff to provide aid to
other specified political
subdivisions and to expand a township's authority
to obtain additional police
protection by
contract.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 311.07 and 505.43 of the Revised Code be amended to
read as follows:
Sec. 311.07. (A) Each sheriff shall preserve the public
peace and cause all persons guilty of any breach of the peace,
within his THE SHERIFF'S knowledge or view, to enter into
recognizance with
sureties to keep the peace and to appear at the succeeding term
of the court of common pleas, and the sheriff shall commit such
persons to jail in case they refuse to do so. He THE SHERIFF
shall return a
transcript of all his THE SHERIFF'S proceedings with the
recognizance so taken
to such court. He THE SHERIFF shall, except as provided in
division (C) of
this section, execute all warrants, writs, and other process
directed to him THE SHERIFF by any proper and lawful authority
of this state,
and those issued by a proper and lawful authority of any other
state. He THE SHERIFF shall attend upon the court of common
pleas and the
court of appeals during their sessions, and, when required, shall
attend upon the probate court. In the execution of the OFFICIAL
duties
required of him OF THE SHERIFF, the sheriff may call to
his
THE SHERIFF'S aid such persons or
power of the county as is necessary. Under the direction and
control of the board of county commissioners, such sheriff shall
have charge of the court house. A sheriff or deputy sheriff of a
county may participate, as the director of an organized crime
task force established under section 177.02 of the Revised Code
or as a member of the investigatory staff of such a task force,
in an investigation of organized criminal activity in any county
or counties in this state under sections 177.01 to 177.03 of the
Revised Code.
(B) The sheriff of a county may call upon the sheriff of
any adjoining OTHER county, the mayor or other chief executive
of any
municipal corporation within his county or in
adjoining counties,
and the chairman CHAIRPERSON of the board of township trustees
of any
township within his county or in adjoining
counties THIS STATE, to furnish
such law enforcement or fire protection personnel, or both,
together with appropriate equipment and apparatus, as may be
necessary to preserve the public peace and protect persons and
property in the requesting sheriff's county in the event of riot,
insurrection, or invasion. Such aid shall be furnished to the
sheriff requesting it, insofar as possible without withdrawing
from the political subdivision furnishing such aid the minimum
police and fire protection appearing necessary under the
circumstances. In such case, law LAW enforcement and fire
protection
personnel acting outside the territory of their regular
employment shall be considered as performing services within the
territory of their regular employment for the purposes of
compensation, pension or indemnity fund rights, workers'
compensation, and other rights or benefits to which they may be
entitled as incidents of their regular employment. The county
receiving such aid shall reimburse the political subdivision
furnishing it the cost of furnishing such aid, including
compensation of personnel, expenses incurred by reason of the
injury or death of any such personnel while rendering such aid,
expenses of furnishing equipment and apparatus, compensation for
damage to or loss of equipment or apparatus while in service
outside the territory of its regular use, and such other
reasonable expenses as may be incurred by any such political
subdivision in furnishing such aid. Nothing in this section
shall be construed as superseding or modifying in any way any
provision of a contract entered into pursuant to section 311.29
of the Revised Code. Law enforcement officers acting pursuant to
this section outside the territory of their regular employment
have the same authority to enforce the law as when acting within
the territory of their regular employment.
(C) The sheriff shall not execute process that is issued
in a state other than this state, unless the process contains
either of the following:
(1) A certification by the judge of the court that issued
the process stating that the issuing court has jurisdiction to
issue the process and that the documents being forwarded conform
to the laws of the state in which the court is located;
(2) If the process is an initial summons to appear and
defend issued after the filing of a complaint commencing an
action, a certification by the clerk of the court that issued the
process stating that the process was issued in conformance with
the laws of the state in which the court is located.
(D) As used in this section and section 311.08 of the
Revised Code, "proper and lawful authority" means any authority
authorized by law to issue any process and "process" means those
documents issued in this state in accordance with section 7.01 of
the Revised Code and those documents, other than executions of
judgments or decrees, issued in a state other than this state
that conform to the laws of the state of issuance governing the
issuance of process in that state.
Sec. 505.43. In order to obtain police protection, or to
obtain additional police protection in times of emergency, any
township may enter into a contract with one or more townships,
municipal corporations, park districts created pursuant to
section 511.18 or 1545.01 of the Revised Code, or county sheriffs
or with a governmental entity of an adjoining state upon any
terms that are agreed to by them, for services of police
departments or use of police equipment, or the interchange of the
service of police departments or use of police equipment within
the several territories of the contracting subdivisions, if the
contract is first authorized by respective boards of township
trustees or other legislative bodies. The cost of the contract
may be paid for from the township general fund or from funds
received pursuant to the passage of a levy authorized pursuant to
division (J) of section 5705.19 and section 5705.25 of the
Revised Code.
Chapter 2744. of the Revised Code, insofar as it is
applicable to the operation of police departments, applies to the
contracting political subdivisions and police department members
when the members are rendering service outside their own
subdivision pursuant to the contract.
Police department members acting outside the subdivision in
which they are employed may participate in any pension or
indemnity fund established by their employer to the same extent
as while acting within the employing subdivision, and are
entitled to all the rights and benefits of Chapter 4123. of the
Revised Code, to the same extent as while performing service
within the subdivision.
The contract may provide for a fixed annual charge to be
paid at the times agreed upon and stipulated in the contract.
Section 2. That existing sections 311.07 and 505.43 of the Revised Code are
hereby repealed.
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