The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 545As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Setzer, Husted, White, Schneider, Hughes, Perry, Schmidt
A BILL
To amend sections 109.71 and 2901.01 of the Revised
Code to provide for the training of special police
officers of certain airports, to designate those
special police officers as law enforcement
officers, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71 and 2901.01 of the Revised
Code be amended to read as follows:
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows:
one member representing the public; two members who are
incumbent
sheriffs; two members who are incumbent chiefs of
police; one
member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the
federal bureau of investigation in this state; and one member
from
the department of education, trade and industrial
education
services, law enforcement training. As used in sections 109.71 to 109.77 of the Revised Code: (A) "Peace officer" means: (1) A deputy sheriff, marshal, deputy marshal, member of
the
organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or township constable,
who is
commissioned and employed as a peace officer by a
political
subdivision of this state or by a metropolitan housing
authority,
and whose primary duties are to preserve the peace, to
protect
life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any of those laws, ordinances,
resolutions,
or regulations; (2) A police officer who is employed by a railroad company
and
appointed and commissioned by the governor pursuant to
sections
4973.17 to 4973.22 of the Revised Code; (3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated
by
the tax commissioner for peace officer training for purposes
of
the delegation of investigation powers under section 5743.45
of
the Revised Code; (4) An undercover drug agent; (5) Enforcement agents of the
department of public safety
whom the director of
public safety designates under section
5502.14 of the Revised
Code; (6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a park officer designated pursuant
to
section
1541.10, a
forest officer designated pursuant to
section 1503.29, a preserve
officer designated pursuant to section
1517.10, a wildlife officer designated
pursuant to section
1531.13, or a state watercraft
officer designated pursuant to
section 1547.521 of the Revised
Code; (7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code; (8) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code; (9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code; (10) Ohio veterans' home police officers designated under
section 5907.02 of the Revised Code; (11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; (12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a
state
university law enforcement officer on a permanent basis on
June 19,
1978, who has been awarded a certificate by the executive
director of the
Ohio peace officer training council attesting to
the person's
satisfactory completion of an approved state, county,
municipal, or department
of natural resources peace officer basic
training program; (13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code; (14) A member of a campus police department appointed
under
section 1713.50 of the Revised Code; (15) A member of a police force employed by a regional
transit authority
under division (Y) of section 306.35 of the
Revised Code; (16) Investigators appointed by the auditor of state
pursuant to
section
117.091 of the Revised Code and engaged in the
enforcement of Chapter 117. of
the Revised Code; (17) A special police officer designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the Revised Code
or a person who was serving as a
special police officer pursuant
to that section
on a permanent
basis on
October 21, 1997, and who has
been awarded a certificate
by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an
approved state, county, municipal, or department of natural
resources peace officer basic training program; (19)(18) A special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code
or
a person serving as a special police officer employed
by a port
authority on a permanent basis on
the effective date
of this
amendment
May
17, 2000, who has been
awarded a certificate by the
executive director of the Ohio
peace officer training council
attesting to the person's
satisfactory completion of an approved
state, county, municipal,
or department of natural resources peace
officer basic training
program;
(19) A special police officer employed by an airport that
has scheduled operations, as defined in section 119.3 of Title 14
of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended,
and that is required to be under a security program and is
governed by aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended. (B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code. (C) "Crisis intervention training" means training in the
use
of interpersonal and communication skills to most effectively
and
sensitively interview victims of rape. (D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 2901.01. (A) As used in the Revised Code: (1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing. (2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person. (3) "Physical harm to persons" means any injury, illness,
or
other physiological impairment, regardless of its gravity or
duration. (4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss
to its value or interferes with its use or enjoyment.
"Physical
harm to property" does not include wear and tear
occasioned by
normal use. (5) "Serious physical harm to persons" means any of the
following: (a) Any mental illness or condition of such gravity as
would
normally require hospitalization or prolonged psychiatric
treatment; (b) Any physical harm that carries a substantial risk of
death; (c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity; (d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement; (e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain. (6) "Serious physical harm to property" means any physical
harm to property that does either of the following: (a) Results in substantial loss to the value of the
property
or requires a substantial amount of time, effort, or
money to
repair or replace; (b) Temporarily prevents the use or enjoyment of the
property or substantially interferes with its use or enjoyment
for
an extended period of time. (7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that
certain circumstances may exist. (8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist. (9) "Offense of violence" means any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,
2903.22,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,
2909.02, 2909.03,
2911.01, 2911.02, 2911.11, 2917.01, 2917.02,
2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or 2923.161,
of division (A)(1), (2), or
(3) of section 2911.12, or of division
(B)(1), (2), (3), or (4) of section
2919.22 of the Revised Code or
felonious sexual penetration in violation of
former section
2907.12 of the Revised Code; (b) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense
listed in division (A)(9)(a) of this section; (c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other
state or the United States, committed purposely or
knowingly, and
involving physical harm to persons or a risk of
serious physical
harm to persons; (d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of
this section. (10)(a) "Property" means any property, real or
personal,
tangible or intangible, and any interest or license in
that
property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with
computers, other documents
associated with computers, or copies of
the documents, whether in
machine or human readable form, trade
secrets, trademarks,
copyrights, patents, and property protected
by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them. (b) As used in division (A)(10)
of this section, "trade
secret" has the same meaning as in section 1333.61
of the Revised
Code, and "telecommunications service" and
"information
service"
have the same
meanings as in section 2913.01 of the Revised Code. (c) As used in divisions (A)(10) and (13) of
this section,
"cable television service," "computer," "computer
software,"
"computer system," "computer network," "data,"
and
"telecommunications device" have the same
meanings as in section
2913.01 of the Revised Code. (11) "Law enforcement officer" means any of the following: (a) A sheriff, deputy sheriff, constable, police officer
of
a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or state highway patrol
trooper; (b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority; (c) A mayor, in the mayor's capacity as chief conservator of
the
peace within the mayor's municipal corporation; (d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within
the scope of the member's appointment or commission; (e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called; (f) A person appointed by a mayor pursuant to section
737.01
of the Revised Code as a special patrolling
officer during riot or
emergency, for the purposes and during the time when
the person is
appointed; (g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic
violence; (h) A prosecuting attorney, assistant prosecuting
attorney,
secret service officer, or municipal prosecutor; (i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code; (j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the
Revised Code; (k) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code; (l) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms; (m) A special police officer employed by an airport that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended. (12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising
out of status, position, office, or relationship, or
growing out
of necessity. (13) "Contraband" means any property described in the
following categories: (a) Property that in and of itself is unlawful for a
person
to acquire or possess; (b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the
Revised Code; (c) Property that is specifically stated to be contraband
by
a section of the Revised Code or by an ordinance, regulation,
or
resolution; (d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property
described in division (D) of section 2913.34 of the Revised Code; (e) Any controlled substance, as defined in section
3719.01
of the Revised Code, or any device, paraphernalia, money
as
defined in section 1301.01 of the Revised Code, or other means
of
exchange that has been, is being, or is intended to be used in
an
attempt or conspiracy to violate, or in a violation of,
Chapter
2925. or 3719. of the Revised Code; (f) Any gambling device, paraphernalia, money as defined
in
section 1301.01 of the Revised Code, or other means of
exchange
that has been, is being, or is intended to be used in an
attempt
or conspiracy to violate, or in the violation of, Chapter
2915. of
the Revised Code; (g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco; (h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense; (i) Any property that is acquired through the sale or
other
transfer of contraband or through the proceeds of
contraband,
other than by a court or a law enforcement agency
acting within
the scope of its duties; (j) Any computer, computer system, computer network,
computer software, or other telecommunications device that is
used
in a conspiracy to commit, an
attempt to commit, or the commission
of any offense, if the
owner of the computer, computer system,
computer network, computer
software, or other telecommunications
device is convicted of or
pleads guilty to the offense in which it
is used. (14) A person is "not guilty by reason of insanity"
relative
to a charge of an offense only if the person proves, in the
manner
specified in section 2901.05 of the Revised Code, that at
the time
of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts. (B)(1)(a) Subject to division (B)(2) of this section,
as
used in any section contained in Title XXIX
of the Revised Code
that sets forth a criminal offense,
"person" includes all of the
following: (i) An individual, corporation, business trust, estate,
trust,
partnership, and association; (ii) An unborn human who is viable. (b) As used in any section contained in Title
XXIX of the
Revised Code that does not set forth a
criminal offense, "person"
includes an individual, corporation, business
trust, estate,
trust, partnership, and association. (c) As used in division (B)(1)(a) of this section: (i) "Unborn human" means an individual organism of the
species
Homo sapiens from fertilization until live birth. (ii) "Viable" means the stage of development of
a human
fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary
artificial
life-sustaining support. (2) Notwithstanding division (B)(1)(a) of this section, in
no case
shall the portion of the definition of the term "person"
that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the
Revised
Code that sets forth a criminal offense in any of the
following manners: (a) Except as otherwise provided in division (B)(2)(a) of
this section, in a
manner so that the offense prohibits or is
construed as
prohibiting any pregnant woman or her physician from
performing an abortion
with the consent of the pregnant woman,
with the consent of the pregnant
woman implied by law in a medical
emergency, or with the approval of one
otherwise authorized by law
to consent to medical treatment on behalf of the
pregnant woman.
An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of
section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,
2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22
of the Revised Code,
as applicable. An abortion that does not
violate the conditions
described in the second immediately
preceding sentence, but that does violate
section 2919.12,
division (B) of section 2919.13, or section 2919.151,
2919.17, or
2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13, or
section
2919.151, 2919.17, or 2919.18 of the Revised Code, as
applicable.
Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant
woman, even if
it does not comply with section 2919.12 of the
Revised Code. (b) In a manner so that the offense is applied or
is
construed as applying to a woman based on an act or omission of
the woman
that occurs while she is or was pregnant and that
results in any of the
following: (i) Her delivery of a stillborn baby; (ii) Her causing, in any other manner, the death in
utero of
a viable, unborn human that she is carrying; (iii) Her causing the death of her child who is born
alive
but who dies from one or more injuries that are sustained while
the
child is a viable, unborn human; (iv) Her causing her child who is born alive to
sustain one
or more injuries while the child is a viable, unborn human; (v) Her causing, threatening to cause, or attempting
to
cause, in any other manner, an injury, illness, or other
physiological
impairment, regardless of its duration or gravity,
or a mental illness or
condition, regardless of its duration or
gravity, to a viable, unborn human
that she is carrying. (C) As used in Title XXIX of the Revised Code: (1) "School safety zone"
consists of a school, school
building, school premises, school
activity, and school bus. (2) "School," "school building," and "school premises" have
the same
meanings as in section 2925.01 of the Revised Code. (3) "School activity" means any activity held under the
auspices of a board of education of a city, local,
exempted
village, joint vocational, or cooperative education
school
district, a governing board of an educational service center,
or
the governing body of a school for which the
state board of
education prescribes minimum standards under
section 3301.07 of
the Revised
Code. (4) "School bus" has the same meaning as in section
4511.01
of the Revised
Code.
Section 2. That existing sections 109.71 and 2901.01 of the
Revised Code are hereby repealed.
Section 3. Section 109.71 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 163 and Am. S.B. 137 of the 123rd General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
security forces at airports covered by this act may soon lose
their certification as law enforcement officers and this act will
grant them this designation. Therefore, this act shall go into
immediate effect.
|
|