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Sub. H. B. No. 545As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Setzer, Husted, White, Schneider, Hughes, Perry, Schmidt
SENATORS Roberts, Jacobson
A BILL
To amend sections 109.71, 109.75, 109.77, 109.801,
2901.01, 2935.01, and 2935.03 of the Revised
Code
to require certain special police
officers of
certain airports to receive peace officer training
and certification and annual firearms
requalification, to designate those
special police
officers as peace officers and law enforcement
officers for certain purposes, to exempt certain
certification examinations from the Public
Records
Law, to require the Executive Director
of the
Peace Officer Training Commission to cause a
criminal records check of any person seeking peace
officer basic training certification before the
person's completion of an approved program, and to
authorize the conveyance of state-owned land in
Madison County to the Kirkwood Cemetery
Association.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71, 109.75, 109.77, 109.801,
2901.01, 2935.01, and 2935.03 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
commission
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
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) A special police officer employed by a municipal
corporation who has been awarded a certificate by the executive
director of the Ohio peace officer training commission for
satisfactory completion of an approved peace officer basic
training program and who is employed on a permanent basis on or
after the effective date of this amendment at a municipal airport,
or other municipal air navigation facility, 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. 109.75. The executive director of the Ohio peace
officer training commission, on behalf of the commission, shall
have
the following powers and duties, which shall be exercised
with
the general advice of the commission and only in accordance
with
section 109.751 of the Revised Code and the rules adopted
pursuant to that section, and with the rules adopted by the
attorney general pursuant to sections 109.74, 109.741, 109.742,
and 109.743 of the Revised Code: (A) To approve peace officer training schools and firearms
requalification programs administered by the state, counties,
municipal corporations, and the department of natural resources,
to issue certificates of approval to approved schools, and to
revoke an approval or certificate; (B) To certify, as qualified, instructors at approved
peace
officer training schools, to issue appropriate
certificates to
these instructors, and to revoke for good cause
shown certificates
of
these instructors; (C) To certify, as qualified, commanders at approved peace
officer
training schools, to issue appropriate certificates to
these commanders, and
to revoke for good cause shown certificates
of these commanders. As used in
this division,
"commander" means
the director or other head of an approved peace officer
training
school. (D) To certify peace officers and sheriffs who have
satisfactorily completed basic training programs and to issue
appropriate certificates to these peace officers and sheriffs; (E) To cause studies and surveys to be made relating to
the
establishment, operation, and approval of state, county, and
municipal peace officer training schools; (F) To consult and cooperate with state, county, and
municipal peace officer training schools for the development of
advanced in-service training programs for peace officers; (G) To consult and cooperate with universities, colleges,
and institutes for the development of specialized courses of
study
in the state for peace officers in police science and
police
administration; (H) To consult and cooperate with other departments and
agencies of the state and federal government concerned with peace
officer training; (I) To perform any other acts
that may be necessary or
appropriate to carry out the executive director's powers and
duties as set forth in sections 109.71 to 109.77 of the Revised
Code; (J) To report to the commission at each regular meeting of
the commission and at any other times that the
council
commission
may require; (K) To certify persons who have satisfactorily completed
approved training programs for correction officers in
full-service
jails, five-day facilities, or eight-hour holding
facilities or
approved training programs for others who provide
correction
services in those jails or facilities and to issue
appropriate
certificates to those persons;
(L) To maintain any records associated with the powers and
duties set forth in this section. Certification
examinations,
either before or after completion, are not
public records for
purposes of section 149.43 of the Revised Code,
but the results of
such examinations are public records under
that section.
Sec. 109.77. (A) As used in this section, "felony" has the
same meaning
as in section 109.511 of the Revised Code. (B)(1) Notwithstanding any general, special,
or local law or
charter to the contrary, and except as otherwise
provided in this
section, no person shall receive an original
appointment on a
permanent basis as any of the following unless
the person
previously 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: (a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority; (b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources; (c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code; (d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code; (e) A state university law enforcement officer; (f) 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; (g) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code; (h) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code; (i) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, 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. (2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the
person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace
officer basic training program for temporary or
probationary
officers and is awarded a certificate by the
director attesting to
the satisfactory completion of the program: (a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority; (b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources; (c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code; (d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code; (e) 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; (f) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code; (g) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code; (h) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, 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. (3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and
consent agreements issued or approved under section 2919.26
or
3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the
same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated
with intent to
circumvent this section. (4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or
as an employee of a park district under section 511.232 or
1545.13
of the Revised Code, to any person serving on a permanent
basis on
March 6, 1986, as an employee of a conservancy district
designated
pursuant to section 6101.75 of the Revised Code, to
any person
serving on a permanent basis on January 10, 1991, as a
preserve
officer of the department of natural resources, to
any person
employed on a permanent basis on July 2, 1992, as a
special police
officer by the
department of mental health pursuant to section
5119.14 of the
Revised Code or by the department of mental
retardation and
developmental disabilities pursuant to section
5123.13 of the
Revised Code, to any person serving on a permanent
basis on
the effective
date of this amendment
May 17, 2000, as a
special
police officer employed by a port authority under section
4582.04 or 4582.28
of the Revised Code,
to any person serving on a
permanent basis on the effective date of this amendment as a
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A)(19) of section 109.71 of the Revised
Code, to any person serving on a permanent basis on
June 19, 1978,
as a state university law enforcement officer pursuant
to section
3345.04 of the Revised Code and who, immediately prior to June 19,
1978, was serving as a special police officer
designated under
authority of that section, or to any person serving
on a permanent
basis on September 20, 1984, as a liquor control
investigator,
known after June 30, 1999, as an enforcement agent of
the
department of public safety, engaged in the enforcement of
Chapters 4301. and 4303. of the Revised Code. (5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police
officer
pursuant to division (Y) of section 306.35 of the Revised
Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department
of natural resources peace officer
basic training program and has
been awarded a certificate by the executive
director of the Ohio
peace officer training commission attesting to the
person's
satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for
a
regional transit authority. (C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as an Ohio veterans'
home police
officer
designated under section
5907.02 of the
Revised
Code unless the person previously 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
police officer basic training program.
Every person who is appointed
on
a temporary basis or for a
probationary term or on other than a
permanent basis as an Ohio
veterans' home police officer
designated under section 5907.02 of
the Revised Code shall
forfeit that position unless the person
previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved
police officer basic training
program. (D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section
2923.11 of the Revised Code, while on duty unless the
bailiff,
deputy bailiff, or criminal investigator has
done or received one
of the following: (1) Has been awarded a certificate by the executive director
of the Ohio
peace officer training commission, which certificate
attests to
satisfactory completion of an approved state, county,
or
municipal basic training program for bailiffs and deputy
bailiffs
of courts of record and for criminal investigators
employed by
the state public defender that has been recommended by
the Ohio
peace officer training commission; (2) Has successfully completed
a firearms training program
approved by the Ohio peace officer training
commission prior to
employment as a bailiff, deputy
bailiff, or criminal investigator; (3) Prior to June 6, 1986,
was authorized to carry a firearm
by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender
and has received
training in the use of firearms that the Ohio
peace officer training
commission determines is equivalent to the
training that
otherwise is required by division (D) of this
section. (E)(1)
Prior to awarding any
Before a person seeking a
certificate
prescribed in this section
completes an approved peace
officer basic training program, the executive director of
the Ohio
peace officer training commission shall request the
person
to whom
the certificate is to be awarded to disclose, and
the person shall
disclose, any previous criminal conviction of or
plea of guilty of
that person to a felony. (2)
Prior to the
award by the executive director of the
commission of any
Before a person seeking a certificate
prescribed
in this section
completes an approved peace officer basic training
program, the
prospective employer of the person
to whom the
certificate is to be awarded or the commander of the peace officer
training school attended by that person
executive director shall
request
the bureau of criminal
identification and
investigation to
conduct a criminal history records check on the person.
Upon
The
executive director shall submit the person's fingerprints to the
bureau of criminal identification and investigation, which shall
submit the fingerprints to the federal bureau of investigation for
a national criminal history records check. Upon receipt of the
executive director's request, the bureau
promptly
of criminal identification and investigation and the
federal bureau of investigation shall conduct a criminal history
records check on the person and, upon completion of the check,
promptly shall
provide a copy of the criminal history records
check to the
prospective
employer or peace officer training school
commander that made the request.
Upon receipt of the copy of the
criminal history records check from the bureau, the prospective
employer or
peace officer training school commander that made the
request shall submit the
copy to the executive director of
the
Ohio peace officer training commission
executive director. The
executive director shall not award any certificate prescribed in
this section
unless the executive director has received a copy of
the criminal history
records check on the person to whom the
certificate is to be awarded. (3) The executive director of the commission shall not award
a certificate
prescribed in this section to a person who has been
convicted of or has
pleaded guilty to a felony or who fails to
disclose any
previous criminal conviction of or plea of guilty to
a
felony as required under division (E)(1) of this section. (4) The executive director of the commission shall revoke
the certificate
awarded to a person as prescribed in this section,
and that
person shall forfeit all of the benefits derived from
being
certified as a peace officer under this section, if the
person,
prior to the award of the certificate
before completion of
an approved peace officer basic training program, failed to
disclose any
previous criminal conviction of or plea of guilty to
a
felony as required under division (E)(1)
of this section. (F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to,
on, or after
October 16,
1996,
the
executive director of the
Ohio
peace officer training commission shall revoke any
certificate
that has been awarded to a person as prescribed in
this section if
the person does either of the following: (a) Pleads guilty to a felony committed on or after
January
1, 1997.; (b) Pleads guilty to a misdemeanor
committed on or after
January 1, 1997, pursuant to a negotiated plea
agreement as
provided in
division (D) of section 2929.29 of the Revised Code
in
which the person agrees
to surrender the certificate awarded to
the person under this
section. (2) The executive director of the commission shall suspend
any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony
committed on or after January 1,
1997. The executive director
shall suspend the certificate
pursuant to division (F)(2) of this
section
pending the outcome of an appeal by the
person from that
conviction to the
highest court to which the appeal is taken or
until the
expiration of the period in which an appeal is required
to be
filed. If the person files an appeal that results in that
person's
acquittal of the felony or conviction of a misdemeanor,
or in the dismissal of
the felony charge against that person, the
executive
director shall reinstate the certificate awarded to the
person
under this section. If the person files an appeal from
that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the
person does not file a timely appeal, the executive director
shall
revoke the certificate awarded to the person under this
section. (G)(1) If a person is awarded a certificate under
this
section and the certificate is revoked pursuant to division
(E)(4)
or
(F) of this section, the person shall not be eligible to
receive, at
any time, a certificate attesting to the person's
satisfactory completion of a
peace officer basic training program. (2) The revocation or suspension of a certificate under
division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code. (H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January
1, 1966, and who has completed at least sixteen years of
full-time
active service as such a peace officer may receive an
original
appointment on a permanent basis and serve as a peace
officer of a
county, township, or municipal corporation, or as a
state
university law enforcement officer, without complying with
the
requirements of division (B) of this section. (2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on
a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section. (I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in
the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the
time
prescribed by rules adopted by the attorney general pursuant
to
section 109.741 of the Revised Code. (J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the
peace officer is required by this section to complete
satisfactorily. (K) This section does not apply to any member of the
police
department of a municipal corporation in an adjoining
state
serving in this state under a contract pursuant to section
737.04
of the Revised Code.
Sec. 109.801. (A)(1) Each year the following persons
shall
complete successfully a firearms
requalification program
approved
by the executive director of the Ohio peace officer
training
commission in accordance with rules adopted by
the attorney
general pursuant to section 109.743 of the Revised Code: any
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, chief of police or member of an organized police
department of a municipal corporation or township, chief of
police
or member of a township police district police force,
superintendent of the state highway patrol, state highway patrol
trooper, or chief of police of a university or college police
department or state university law enforcement officer appointed
under section 3345.04 of the Revised Code; any parole or
probation
officer who carries a firearm in the course of official
duties;
any employee of the department of natural
resources who is
a
natural resources law enforcement staff officer, park officer,
forest officer, preserve officer, wildlife
officer, or state
watercraft officer who carries a firearm in the
course of official
duties; 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; any assistant house sergeant at arms;
or any
employee of the department of
youth services who is
designated pursuant to division (A)(2) of
section 5139.53 of the
Revised Code as being authorized to carry a firearm
while on duty
as
described in that division; or a special police officer
employed by a municipal corporation at a municipal airport or
other municipal air navigation facility described in division
(A)(19) of section 109.71 of the Revised Code. (2) No person listed in division (A)(1) of this section
shall carry a firearm during the course of official duties
if the
person does
not comply with division (A)(1) of this section. (B) The hours that a sheriff spends attending a firearms
requalification program required by division (A) of this section
are in addition to the sixteen hours of continuing education that
are required by division (E) of section 311.01 of the Revised
Code. (C) As used in this section, "firearm" has the same
meaning
as in section 2923.11 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,
2909.24,
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 a municipal
corporation at a municipal airport, or other municipal air
navigation facility, 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; (k) Any property that is material support or resources and
that has been, is being, or is intended to be used in an attempt
or conspiracy to violate, or in the violation of, section 2909.22,
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of
the Revised Code when the offense or act committed by the person
aided or to be aided as described in that section is an act of
terrorism. As used in division (A)(13)(k) of this section,
"material support or
resources" and "act of terrorism" have the
same meanings as in
section 2909.21 of the Revised Code. (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.
Sec. 2935.01. As used in this chapter: (A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code. (B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the department of taxation to
whom investigation powers have been delegated under section
5743.45 of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code; Ohio veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer of a township or joint township
police
district;
a special
police officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, 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; 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;
officer or
employee of the bureau of
criminal identification and
investigation established pursuant to
section 109.51 of the
Revised Code who has been awarded a
certificate by the executive
director of the Ohio peace officer
training commission attesting
to the officer's or employee's
satisfactory completion of an
approved state, county, municipal,
or department of natural
resources peace officer basic training
program and who is
providing
assistance upon request to a law
enforcement officer or
emergency assistance to
a peace officer
pursuant to section
109.54
or 109.541 of the Revised Code; and,
for the purpose of
arrests
within
those areas,
and
for the
purposes of Chapter 5503. of the
Revised
Code, and the
filing of
and service of process relating to
those
offenses
witnessed or
investigated by them,
includes the
superintendent
and troopers of
the state highway patrol. (C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case. (D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, Ohio veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
or
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, or a special police
officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, 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, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university, Ohio
veterans' home,
or port authority, or municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or elected, a law of this state,
an ordinance
of a municipal corporation, or a resolution of a
township. (2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state. (3) 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 shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arm's
arms's or assistant sergeant at
arm's
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township. (B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
Ohio veterans' home,
or port authority, or
municipal airport or other municipal air navigation facility, in
which the peace
officer is appointed, employed, or
elected or
within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section
may arrest and detain until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation. (2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation: (a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass; (b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code; (c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code. (3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs: (i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement. (ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense. (iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order. (b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained. If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor. (c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained. (d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following: (i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain; (ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense; (iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear; (iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense. (e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense. (ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident. (f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility. (g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person. (h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section
2933.43 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable: (i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded; (ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded. (4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure. (C) When there is reasonable ground to believe that a
violation of division (A), (B), or (C) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person. (D) If a sheriff, deputy sheriff, 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, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, 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, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply: (1) The pursuit takes place without unreasonable delay
after
the offense is committed; (2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer; (3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to division (G) of section 4507.021 of the
Revised Code. (E) In addition to the authority granted under division
(A)
or (B) of this section: (1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed. (2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system. (3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed. (4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer. (F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state. A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution. (2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply: (i) The pursuit takes place without unreasonable delay
after
the offense is committed; (ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred. (b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation. (G) As used in this section: (1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program. (2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program. (3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code. (4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code. (5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code. (6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code. (7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013, 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, a park officer designated pursuant to section
1541.10, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
Section 2. That existing sections 109.71, 109.75, 109.77,
109.801, 2901.01, 2935.01, and 2935.03 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.
Section 109.75 of the Revised Code is
presented in
this act as a
composite of the section as amended by
both Am. Sub. H.B. 566 and
Sub. H.B. 670 of
the 121st General
Assembly. Section 109.77 of the
Revised Code is presented
in this act
as a composite of the
section as amended by Sub. H.B.
148, Am. Sub. H.B. 163,
and Am.
S.B. 137 of the 123rd General
Assembly. Section 2935.01 of the
Revised Code is
presented in
this act as a composite of the
section as amended by
both Sub. H.B. 427 and Sub. S.B. 200 of
the
124th 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 composites of these
sections are the resulting
versions of the sections in
effect
prior to the effective date of
the sections as presented in
this
act.
Section 4. (A) The Governor is hereby authorized to execute
a
deed in the name of the state conveying to the Kirkwood Cemetery
Association, and its successors and assigns, all of the state's
right, title, and interest in the following described real estate:
Being situated in Virginia Military Survey No. 4513, Union
Township, Madison County, State of Ohio and being part of that
land of record in Deed Volume 265 Page 215 in the Madison County
Recorder's Office and being more particularly described as
follows;
Beginning for reference at a pk nail set in the centerline
intersection of State Route 42 and Roberts Mill Road; Thence North
04 degrees 20 minutes 53 seconds East along the centerline of
Roberts Mill Road a distance of 1843.08 feet to a pk nail set;
thence South 85 degrees 21 minutes 05 seconds East a distance of
2577.87 feet to a 5/8 inch iron pin set and being the true placing
of beginning;
Thence from the true place of beginning North 09 degrees 21
minutes 05 seconds East a distance of 352.25 feet to a 5/8 inch
iron pin set;
Thence North 04 degrees 25 minutes 28 seconds East a distance
of 300.00 feet to a 5/8 inch iron pin set;
Thence North 27 degrees 20 minutes 10 seconds West a distance
of 474.26 feet to an iron pipe found;
Thence South 87 degrees 47 minutes 59 seconds East along the
southerly boundary of the State of Ohio (O.R. 90 P. 213) a
distance
of 339.90 feet to a 5/8 inch iron pin set;
Thence South 04 degrees 25 minutes 28 seconds West along the
westerly boundary of the Kirkwood Cemetery a distance of 1066.43
feet to a 5/8 inch iron pin set;
Thence North 86 degrees 01 minutes 38 seconds West along a
boundary of the Kirkwood Cemetery a distance of 120.26 feet to the
place of beginning-containing 3.506 acres, more or less.
Being subject to all legal right-of-ways and easements.
All pins set for this survey are 5/8 inch by 30 inch iron
pins with plastic caps stamped "Vance 6553".
The above description was prepared from a survey completed in
August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553. (B) Consideration for the conveyance of the real
estate
described in division (A) of this section is the conveyance from
the Kirkwood Cemetery Association to the state (Attorney General
of Ohio, Ohio Peace Officer Training Academy), and its successors
and assigns, the following described real estate: Being situated in Virginia Military Survey No. 4513, Union
Township, Madison County, State of Ohio and being part of that
land of Kirkwood Cemetery of record in Deed Volume 35 Page 73 in
the Madison County
Recorder's Office and being more particularly
described as
follows;
Beginning for reference at a pk nail set in the centerline
intersection of State Route 42 and Roberts Mill Road; Thence North
04 degrees 20 minutes 53 seconds East along the centerline of
Roberts Mill Road a distance of 1843.08 feet to a pk nail set;
thence South 85 degrees 21 minutes 05 seconds East a distance of
2552.87 feet to a 5/8 inch iron pin set and being the true place
of beginning;
Thence from the true place of beginning South 85 degrees 21
minutes 05 seconds East a distance of 25.00 feet to a 5/8 inch
iron pin set;
Thence South 05 degrees 02 minutes 50 seconds West a distance
of 576.10 feet to a 5/8 inch iron pin set;
Thence South 53 degrees 14 minutes 24 seconds East a distance
of 72.27 feet (passing over a 5/8 inch iron pin set at 37.27 feet)
to a point in the centerline of State Route 42;
Thence South 69 degrees 34 minutes 00 seconds West along the
centerline of State Route 42 a distance of 79.06 feet to a point;
Thence North 03 degrees 42 minutes 41 seconds East a distance
of 647.81 feet (passing over a 5/8 inch iron pin set at 49.31
feet) to the place of beginning, containing 0.306 acres, more or
less.
Being subject to all legal right-of-ways and easements.
All pins set are 5/8 inch by 30 inch iron pins with plastic
caps stamped "Vance 6553".
The above description was prepared from a survey completed in
August, 2002 by Samuel R. Vance, Ohio Professional Surveyor #6553.
(C) The state shall pay the costs of the conveyances
described in divisions (A) and (B) of this section.
(D) Upon the conveyance to the state of the real
estate
described in division (B) of this section, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed
shall state the consideration. The deed shall be executed by
the
Governor in the name of the state, countersigned by the
Secretary
of State, sealed with the Great Seal of the State,
presented in
the Office of the Auditor of State for recording, and
delivered to
the Kirkwood Cemetery Association. The Kirkwood
Cemetery
Association shall present the deed for recording in the
Office of
the Madison County Recorder.
(E) This section shall expire one year after its effective
date.
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