130th Ohio General Assembly
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As Reported by the House Local Government and Townships Committee

122nd General Assembly
Regular Session
1997-1998
Sub. H. B. No. 342

REPRESENTATIVES HOUSEHOLDER-HAINES-SULZER-CLANCY-OGG-TERWILLEGER- GARCIA-ROMAN


A BILL
To amend sections 311.07, 505.43, 737.04, and 737.041 of the Revised Code to expand the authority of a county sheriff to obtain aid from other specified political subdivisions, to expand a township's authority to obtain additional police protection by contract, and to permit municipal corporations to allow their police officers to work in multijurisdictional drug, gang, or career criminal task forces.

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


Section 1. That sections 311.07, 505.43, 737.04, and 737.041 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, AS PROVIDED IN THIS SECTION, 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. THE COST OF FURNISHING SUCH AID MAY BE PAID FROM THE SHERIFF'S FURTHERANCE OF JUSTICE FUND CREATED PURSUANT TO SECTION 325.071 OF THE REVISED CODE OR FROM THE LAW ENFORCEMENT TRUST FUND CREATED PURSUANT TO SECTION 2933.43 OF THE REVISED CODE, OR FROM THE COUNTY GENERAL FUND TO THE EXTENT MONEYS HAVE BEEN APPROPRIATED FOR SUCH PURPOSES PURSUANT TO SECTION 5705.38 OF THE REVISED CODE UNLESS THE BOARD OF COUNTY COMMISSIONERS ADOPTS A RESOLUTION RESTRICTING OR PROHIBITING THE USE OF GENERAL FUND MONEYS WITHOUT THE PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS. 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.

Sec. 737.04. The legislative authority of any municipal corporation, in order to obtain police protection or to obtain additional police protection, OR TO ALLOW ITS POLICE OFFICERS TO WORK IN MULTIJURISDICTIONAL DRUG, GANG, OR CAREER CRIMINAL TASK FORCES, may enter into contracts with one or more municipal corporations, townships, township police districts, or county sheriffs in this state, with one or more park districts created pursuant to section 511.18 or 1545.01 of the Revised Code, or with a contiguous municipal corporation in an adjoining state, upon any terms that are agreed upon, for services of police departments or the use of police equipment or for the interchange of services of police departments or police equipment within the several territories of the contracting subdivisions.

Chapter 2744. of the Revised Code, insofar as it applies to the operation of police departments, shall apply to the contracting political subdivisions and to the police department members when they are rendering service outside their own subdivisions pursuant to the contracts.

Police department members acting outside the subdivision in which they are employed, pursuant to a contract entered into under this section, shall be entitled to participate in any indemnity fund established by their employer to the same extent as while acting within the employing subdivision. Those members shall be 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 contracts may provide for:

(A) A fixed annual charge to be paid at the times agreed upon and stipulated in the contract;

(B) Compensation based upon:

(1) A stipulated price for each call or emergency;

(2) The number of members or pieces of equipment employed;

(3) The elapsed time of service required in each call or emergency.

(C) Compensation for loss or damage to equipment while engaged in rendering police services outside the limits of the subdivision owning and furnishing the equipment;

(D) Reimbursement of the subdivision in which the police department members are employed for any indemnity award or premium contribution assessed against the employing subdivision for workers' compensation benefits for injuries or death of its police department members occurring while engaged in rendering police services pursuant to the contract.

Sec. 737.041. The police department of any municipal corporation may provide police protection to any county, municipal corporation, township, or township police district of this state, to a park district created pursuant to section 511.18 or 1545.01 of the Revised Code, TO ANY MULTIJURISDICTIONAL DRUG, GANG, OR CAREER CRIMINAL TASK FORCE, or to a governmental entity of an adjoining state without a contract to provide police protection, upon the approval, by resolution, of the legislative authority of the municipal corporation in which the department is located and upon authorization by an officer or employee of the police department providing the police protection who is designated by title of office or position, pursuant to the resolution of the legislative authority of the municipal corporation, to give the authorization.

Chapter 2744. of the Revised Code, insofar as it applies to the operation of police departments, shall apply to any municipal corporation and to members of its police department when the members are rendering police services pursuant to this section outside the municipal corporation by which they are employed.

Police department members acting, as provided in this section, outside the municipal corporation by which they are employed shall be entitled to participate in any pension or indemnity fund established by their employer to the same extent as while acting within the municipal corporation by which they are employed. Those members shall be entitled to all the rights and benefits of Chapter 4123. of the Revised Code to the same extent as while performing services within the municipal corporation by which they are employed.


Section 2. That existing sections 311.07, 505.43, 737.04, and 737.041 of the Revised Code are hereby repealed.
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