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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. 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-
DIX-DRAKE-WHITE-NEIN-GAETH-B. JOHNSON-CUPP-HERINGTON-LATELL-
LATTA-BLESSING
A BILL
To amend sections 109.57, 109.58, 109.60, 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, to permit municipal corporations to allow their
police officers to work in multijurisdictional
drug, gang, or career criminal
task forces, to expand the
list of offenses for which the Bureau of Criminal Identification and
Investigation keeps records, to revise the procedures by which a person or
child must be fingerprinted, and to require every relevant clerk of a court of
record to submit to the Bureau specified information regarding cases involving
offenses for which the Bureau must keep records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.58, 109.60, 311.07, 505.43, 737.04, and
737.041 of the Revised
Code be amended to read as follows:
Sec. 109.57. (A)(1) As used in this section:
(a) "Designated delinquent act or juvenile offense" means any of
the following:
(i) Any "category one offense" or "category two
offense";
(ii) Any violation of section 2907.03, 2907.04, or 2907.05
of the Revised Code;
(iii) Any violation of section 2907.12 of the
Revised Code as it existed prior to September 3, 1996;
(iv) Any attempt to commit a violation of section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a violation of
section 2907.12 of the Revised Code as it existed prior to September 3, 1996;
(v) A violation of any law that arose out of the same
facts and circumstances as did a charge against the child of a
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of
the Revised Code that previously was
dismissed or as did a charge against the child of a violation of
section 2907.12 of the Revised Code as it existed prior to
September 3, 1996, that previously was dismissed;
(iv)(vi) Any violation of section 2905.02 or 2919.23 of the
Revised Code that would have been a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date.
(b) "Category one offense" and "category two offense" have the same meanings
as in section 2151.26 of the Revised Code.
(2) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony or, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, OR ANY MISDEMEANOR DESCRIBED IN DIVISION
(A)(1)(a) OF SECTION 109.572 of the Revised Code, of all
children fourteen years of
age or older and under eighteen years of age who have been adjudicated
delinquent children for committing within this state a designated
delinquent act or juvenile offense or who have been convicted of
or pleaded guilty to committing within this state a designated delinquent act
or juvenile offense, and of all well-known and habitual criminals. The person
in charge of any
COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR
MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED CORRECTIONAL
FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony or, any crime
constituting
a misdemeanor on the first offense and a felony on subsequent
offenses,
OR ANY MISDEMEANOR DESCRIBED IN DIVISION (A)(1)(a)
OF SECTION 109.572 of the Revised Code or having custody of a child fourteen years of
age or
older and under eighteen years of age with respect to whom there is probable
cause to believe that the child may have committed a designated
delinquent act or juvenile offense shall furnish such material
to the superintendent of
the bureau upon request. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that is a category one offense or a category two DESIGNATED
DELINQUENT ACT OR JUVENILE offense, has not
been adjudicated a delinquent child for committing a designated delinquent act
or juvenile offense, has not been convicted of
or pleaded guilty to committing a designated delinquent act or juvenile
offense, and is not a child with respect to whom there is probable cause to
believe that the child may have committed a designated
delinquent act or juvenile offense
shall not be procured by the superintendent or furnished by any
person in charge of any
COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR
MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED CORRECTIONAL
FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR
state correctional institution, except as
authorized in section 2151.313 of the Revised Code. Every
(3) EVERY CLERK OF A
court of record in this state, OTHER THAN THE
SUPREME COURT OR A COURT OF APPEALS, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, INVOLVING A MISDEMEANOR
DESCRIBED IN DIVISION (A)(1)(a) OF SECTION 109.572
of the Revised Code, or involving an
adjudication that a child under eighteen years of age is a delinquent child
for committing a designated delinquent act or juvenile offense. THE CLERK
OF THE COURT OF COMMON PLEAS SHALL INCLUDE IN THE REPORT AND SUMMARY THE CLERK
SENDS UNDER THIS DIVISION ALL INFORMATION DESCRIBED IN DIVISIONS
(A)(3)(a) TO (f) OF THIS SECTION
REGARDING A CASE BEFORE THE COURT OF APPEALS THAT IS SERVED BY THAT
CLERK. The summary SHALL BE WRITTEN ON THE STANDARD FORMS
FURNISHED BY THE
SUPERINTENDENT PURSUANT TO DIVISION (B) OF THIS SECTION AND shall
include the FOLLOWING INFORMATION:
(a) THE INCIDENT TRACKING NUMBER CONTAINED ON THE STANDARD FORMS
FURNISHED BY THE SUPERINTENDENT PURSUANT TO DIVISION (B) OF THIS
SECTION;
(b) THE style and number of the case, the
dates;
(c) THE DATE of
arrest, commencement of trial, and conviction or adjudication of
delinquency,
a statement of the
offense and the conduct that constituted it, and;
(d) THE DATE THAT THE PERSON WAS CONVICTED OF OR PLEADED GUILTY
TO THE OFFENSE, ADJUDICATED A DELINQUENT CHILD FOR COMMITTING THE ACT THAT IS
A DESIGNATED DELINQUENT ACT OR JUVENILE OFFENSE, FOUND NOT GUILTY OF THE
OFFENSE, OR FOUND NOT TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A
DESIGNATED DELINQUENT ACT OR JUVENILE OFFENSE, THE DATE OF AN ENTRY DISMISSING
THE CHARGE, AN ENTRY DECLARING A MISTRIAL OF THE OFFENSE IN WHICH THE PERSON
IS DISCHARGED, AN ENTRY FINDING THAT THE PERSON OR CHILD IS NOT COMPETENT TO
STAND TRIAL, OR AN ENTRY OF A NOLLE PROSEQUI, OR THE DATE OF ANY OTHER
DETERMINATION THAT CONSTITUTES FINAL RESOLUTION OF THE CASE;
(e) A STATEMENT OF THE ORIGINAL CHARGE WITH THE SECTION of the Revised Code THAT
WAS ALLEGED TO BE VIOLATED;
(f) IF THE PERSON OR CHILD WAS CONVICTED, PLEADED GUILTY, OR WAS
ADJUDICATED A DELINQUENT CHILD,
the sentence or
terms of probation imposed, or ANY other disposition of the
offender or the
delinquent child. If
IF the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the court CLERK shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(4) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony or, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, OR A MISDEMEANOR DESCRIBED IN DIVISION
(A)(1)(a) OF SECTION 109.572 of the Revised Code and of all children
fourteen years of age or older and under
eighteen years of age arrested or otherwise taken into custody for committing
a designated delinquent act or juvenile offense. The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a COUNTY, MULTICOUNTY,
MUNICIPAL, MUNICIPAL-COUNTY, OR MULTICOUNTY-MUNICIPAL JAIL OR workhouse,
jail COMMUNITY-BASED CORRECTIONAL FACILITY, HALFWAY HOUSE,
ALTERNATIVE RESIDENTIAL FACILITY, or state correctional institution for
the violation of state
laws and of all children fourteen years of age or older and under
eighteen years of age who
are confined in a COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR
MULTICOUNTY-MUNICIPAL JAIL OR workhouse, jail COMMUNITY-BASED
CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, or
state correctional
institution or in any
facility for delinquent children for committing a designated
delinquent act or juvenile offense, and any other information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(5) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to a sexually oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(B) The superintendent shall prepare and furnish to every
COUNTY, MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR
MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE, COMMUNITY-BASED CORRECTIONAL
FACILITY, HALFWAY HOUSE, ALTERNATIVE RESIDENTIAL FACILITY, OR
state correctional institution and to every CLERK OF A court of
record in this state SPECIFIED IN DIVISION (A)(3) OF THIS
SECTION standard forms for reporting the information required
under division DIVISIONS (A)(2) TO (5) of this
section. THE STANDARD FORMS THAT THE SUPERINTENDENT PREPARES PURSUANT TO
THIS DIVISION MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH
TANGIBLE FORMATS AND ELECTRONIC FORMATS.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing a designated delinquent
act or juvenile offense, criminal activity, crime prevention, law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections.
(D) The information and materials furnished to the
superintendent pursuant to division DIVISIONS (A)(2) TO
(5) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to division DIVISIONS
(A)(2) TO (5) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual's own self INDIVIDUAL, whether the bureau has any
information gathered under division DIVISIONS (A)(2) TO
(5) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 109.58. The superintendent of the bureau of criminal
identification and investigation shall prepare standard
impression sheets on which fingerprints may be made in accordance
with the fingerprint system of identification. The impression sheets may
provide for other descriptive matter that the superintendent may
prescribe. The SUPERINTENDENT SHALL FURNISH THE impression sheets
shall be furnished to each sheriff, chief
of police, and person in charge of every workhouse COUNTY,
MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR MULTICOUNTY-MUNICIPAL JAIL OR
WORKHOUSE, COMMUNITY-BASED CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE
RESIDENTIAL FACILITY, or state correctional
institution within the state. Upon the request of the board
of education of a school district or of the principal or chief
administrative officer of a nonpublic school, the superintendent
shall provide standard impression sheets to the district or
school for use in their fingerprinting programs under section
3313.96 of the Revised Code.
Sec. 109.60. (A) As used in this section, "designated delinquent act or
juvenile offense" has the same meaning as in section 109.57 of the Revised
Code.
(B)(1) The sheriffs of the several counties and the
chiefs of police of cities, immediately upon the arrest of
any person for any felony, on suspicion of any felony, or for a
crime constituting a misdemeanor on the first offense and a
felony on subsequent offenses, OR FOR ANY MISDEMEANOR DESCRIBED IN
DIVISION (A)(1)(a) OF SECTION 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child fourteen years of age or older and under eighteen
years of age for committing a designated delinquent act
or juvenile offense or upon probable cause to believe
that a child of that
age may have committed a designated
delinquent act or juvenile offense, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of
the bureau of criminal identification and investigation, and IMMEDIATELY
SHALL
forward them COPIES OF THE COMPLETED FORMS, together with
any other description that may be required, and
with
the history of the offense
committed,
to the bureau to be classified and filed AND TO THE CLERK OF THE COURT
HAVING JURISDICTION OVER THE PROSECUTION OF THE OFFENSE OR OVER THE
ADJUDICATION RELATIVE TO THE ACT. If
(2) IF A SHERIFF OR CHIEF OF POLICE
HAS NOT TAKEN, OR CAUSED TO BE TAKEN, A PERSON'S OR CHILD'S
FINGERPRINTS IN ACCORDANCE WITH DIVISION
(B)(1) OF THIS SECTION BY THE TIME OF THE
ARRAIGNMENT OR FIRST APPEARANCE OF THE PERSON OR CHILD, THE
COURT SHALL ORDER THE PERSON OR CHILD TO APPEAR BEFORE THE
SHERIFF OR CHIEF OF POLICE WITHIN TWENTY-FOUR HOURS TO HAVE THE
PERSON'S OR CHILD'S FINGERPRINTS TAKEN. THE SHERIFF OR
CHIEF OF POLICE SHALL TAKE THE PERSON'S OR CHILD'S FINGERPRINTS,
OR CAUSE THE FINGERPRINTS TO BE TAKEN, ACCORDING TO THE FINGERPRINT
SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY THE
SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND
INVESTIGATION AND, IMMEDIATELY AFTER THE PERSON'S OR
CHILD'S ARRAIGNMENT OR FIRST APPEARANCE, FORWARD COPIES OF THE COMPLETED
FORMS, ANY
OTHER DESCRIPTION THAT MAY BE REQUIRED, AND THE HISTORY OF
THE OFFENSE COMMITTED TO THE BUREAU TO BE CLASSIFIED AND
FILED AND TO THE CLERK OF THE COURT.
(3) EVERY COURT WITH JURISDICTION OVER A CASE INVOLVING A PERSON OR CHILD
WITH RESPECT TO WHOM DIVISION (B)(1) OF THIS SECTION REQUIRES A
SHERIFF OR CHIEF OF POLICE TO TAKE THE PERSON'S OR CHILD'S FINGERPRINTS SHALL
INQUIRE AT THE TIME OF THE PERSON'S OR CHILD'S SENTENCING OR
ADJUDICATION WHETHER OR NOT THE PERSON OR CHILD HAS BEEN
FINGERPRINTED PURSUANT TO DIVISION
(B)(1) OR (2) OF THIS SECTION
FOR THE ORIGINAL ARREST UPON WHICH THE SENTENCE OR ADJUDICATION
IS BASED. IF THE PERSON OR CHILD WAS NOT FINGERPRINTED FOR
THE ORIGINAL ARREST UPON WHICH THE SENTENCE OR ADJUDICATION IS
BASED, THE COURT SHALL ORDER THE PERSON OR CHILD TO APPEAR BEFORE THE
SHERIFF OR CHIEF OF POLICE WITHIN TWENTY-FOUR HOURS TO HAVE THE PERSON'S OR
CHILD'S FINGERPRINTS TAKEN. THE SHERIFF OR CHIEF OF POLICE SHALL
TAKE THE PERSON'S OR CHILD'S FINGERPRINTS, OR CAUSE THE FINGERPRINTS TO
BE TAKEN, ACCORDING TO THE FINGERPRINT SYSTEM OF IDENTIFICATION
ON THE FORMS FURNISHED BY THE SUPERINTENDENT OF THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION AND IMMEDIATELY
FORWARD COPIES OF THE COMPLETED FORMS, ANY OTHER DESCRIPTION THAT
MAY BE REQUIRED, AND THE HISTORY OF THE OFFENSE COMMITTED
TO THE BUREAU TO BE CLASSIFIED AND FILED AND TO THE CLERK OF THE COURT.
(4) IF A PERSON OR CHILD IS IN THE CUSTODY OF A LAW
ENFORCEMENT AGENCY OR A DETENTION FACILITY, AS DEFINED IN
SECTION 2921.01 OF THE REVISED
CODE, AND THE CHIEF LAW
ENFORCEMENT OFFICER OR CHIEF ADMINISTRATIVE OFFICER OF THE
DETENTION FACILITY DISCOVERS THAT A WARRANT HAS BEEN ISSUED OR A
BILL OF INFORMATION HAS BEEN FILED ALLEGING THE PERSON OR CHILD TO HAVE
COMMITTED AN OFFENSE OR ACT OTHER THAN THE OFFENSE OR ACT FOR WHICH THE PERSON
OR CHILD IS IN CUSTODY, AND THE OTHER ALLEGED OFFENSE OR ACT IS ONE FOR
WHICH FINGERPRINTS ARE TO BE TAKEN PURSUANT TO DIVISION
(B)(1) OF THIS SECTION, THE LAW
ENFORCEMENT AGENCY OR DETENTION FACILITY SHALL TAKE THE
FINGERPRINTS OF THE PERSON OR CHILD, OR CAUSE THE FINGERPRINTS TO BE TAKEN,
ACCORDING TO THE
FINGERPRINT SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY
THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND
INVESTIGATION AND IMMEDIATELY
FORWARD COPIES OF THE COMPLETED FORMS, ANY OTHER DESCRIPTION
THAT MAY BE REQUIRED, AND THE HISTORY OF THE OFFENSE
COMMITTED TO THE BUREAU TO BE CLASSIFIED AND FILED AND TO THE CLERK OF THE
COURT THAT ISSUED THE WARRANT OR WITH WHICH THE BILL OF INFORMATION WAS
FILED.
(5) IF an accused
is
found not guilty of the offense charged or a nolle prosequi is entered in any
case, or if any accused child fourteen years of
age or older and under eighteen years of age is found not to be a delinquent
child for committing a designated delinquent act or juvenile
offense or not
guilty of the designated delinquent act or juvenile
offense charged or a nolle prosequi is entered in that case, the
fingerprints and description shall
be given to the accused upon the accused's request. The
(6) THE
superintendent
shall compare the description received with those already
on file in the bureau, and, if the superintendent finds that
the person arrested or taken
into custody has
a criminal record or a record as a delinquent child for having committed an
act that is a designated
delinquent act or juvenile offense or is a
fugitive from justice or wanted by any
jurisdiction in this or another state, the
United States, or a
foreign country for any offense, the superintendent at once
shall inform the
arresting officer or, the officer taking the person into
custody, OR THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY,
MULTICOUNTY, MUNICIPAL, MUNICIPAL-COUNTY, OR MULTICOUNTY-MUNICIPAL JAIL OR
WORKHOUSE, COMMUNITY-BASED CORRECTIONAL FACILITY, HALFWAY HOUSE, ALTERNATIVE
RESIDENTIAL FACILITY, OR STATE CORRECTIONAL INSTITUTION IN WHICH THE PERSON OR
CHILD IS IN CUSTODY
of
that fact and give appropriate notice to the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed by the superintendent.
(C) This section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the violator is a
past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not arrested or otherwise taken into custody
for committing an act that is a
designated delinquent act or juvenile offense
or upon probable cause to believe that a child of that
age may have
committed an act that is a
designated delinquent act or juvenile
offense, except as provided in section 2151.313 of the Revised Code.
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 109.57, 109.58, 109.60, 311.07, 505.43,
737.04, and 737.041 of the
Revised Code are hereby repealed.
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