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As Reported by the Senate State and Local Government
and Veterans Affairs Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 342 |
REPRESENTATIVES HOUSEHOLDER-HAINES-SULZER-CLANCY-OGG-TERWILLEGER-
GARCIA-ROMAN-GRENDELL-PADGETT-BRADING-MYERS-PERZ-REID-VESPER-
HOTTINGER-OLMAN-TIBERI-METELSKY-HODGES-SAWYER-JOHNSON-TAYLOR-
VERICH-CATES-LEWIS-KREBS-
SENATORS GARDNER-SCHAFRATH-SHOEMAKER
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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