130th Ohio General Assembly
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H. B. No. 374  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 374


Representatives Hughes, Latta, Webster, Allen, Flowers, Uecker, Evans, D., McGregor, J., Skindell, Brown, Fende, Sayre, Combs, Otterman, Ujvagi, Wagoner, Yuko, Chandler, Barrett, Strahorn 



A BILL
To amend sections 2917.46, 3313.206, 5502.61, and 5502.62 and to repeal section 3301.076 of the Revised Code to abolish the children's safety program known as the Block Parent Program in the State Board of Education, to establish in its place the McGruff House Program in the Division of Criminal Justice Services of the Department of Public Safety, and to create the offense of unauthorized use of a McGruff house symbol.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 2917.46, 3313.206, 5502.61, and 5502.62 of the Revised Code be amended to read as follows:
Sec. 2917.46.  (A) No person shall, with intent to identify a building as a block parent home or building, display the block parent symbol adopted by the state board of education pursuant to former section 3301.076 of the Revised Code unless authorized in accordance with that section or section 3313.206 of the Revised Code prior to its repeal on the effective date of this amendment.
(B) No person shall, with intent to identify a building as a block parent home or building, display a symbol that falsely gives the appearance of being the block parent symbol adopted by the state board of education pursuant to former section 3301.076 of the Revised Code prior to its repeal on the effective date of this amendment.
(C) No person, with intent to identify a home or building as a mcgruff house program home or building, shall display the mcgruff house symbol adopted by the division of criminal justice services in the state department of public safety pursuant to section 5502.62 of the Revised Code unless authorized in accordance with that section, any rule adopted pursuant to that section, or section 3313.206 of the Revised Code.
(D) No person, with intent to identify a home or building as a mcgruff house program home or building, shall display a symbol that falsely gives the appearance of being the mcgruff house symbol adopted by the division of criminal justice services in the state department of public safety pursuant to section 5502.62 of the Revised Code or any rule adopted pursuant to that section.
(E)(1) Whoever violates division (A) or (B) of this section is guilty of unauthorized use of a block parent symbol, a minor misdemeanor.
(2) Whoever violates division (C) or (D) of this section is guilty of unauthorized use of a mcgruff house symbol, a minor misdemeanor.
Sec. 3313.206.  Each board of education that establishes or maintains a block parent mcgruff house program shall use the block parent mcgruff house symbol adopted by the division of criminal justice services in the state board of education department of public safety under section 3301.076 5502.62 of the Revised Code and instruct volunteers participating in the program to use only that symbol. Each board of education that establishes a block parent mcgruff house program on or after October 17, 1985 July 1, 2007, shall do so in accordance with the rules adopted under section 3301.076 5502.62 of the Revised Code. Any chartered nonpublic school within a school district may participate in that district's block parent mcgruff house program upon furnishing a written statement to the district's board of education and to the division of criminal justice services in the state board of education department of public safety to the effect that the nonpublic school will abide by the rules of the district's block parent mcgruff house program. A chartered nonpublic school that participates in a school district's block parent mcgruff house program may request technical assistance from the state board division of criminal justice services.
At the request of a board of education, law enforcement authorities with jurisdiction in any of the territory of a school district that maintains a block parent mcgruff house program shall assist the board of education of the district or a participating chartered nonpublic school in checking the criminal records of individuals and families that volunteer to participate in the district's block parent mcgruff house program.
Sec. 5502.61.  As used in sections 5502.61 to 5502.66 of the Revised Code:
(A) "Federal criminal justice acts" means any federal law that authorizes financial assistance and other forms of assistance to be given by the federal government to the states to be used for the improvement of the criminal and juvenile justice systems of the states.
(B)(1) "Criminal justice system" includes all of the functions of the following:
(a) The state highway patrol, county sheriff offices, municipal and township police departments, and all other law enforcement agencies;
(b) The courts of appeals, courts of common pleas, municipal courts, county courts, and mayor's courts, when dealing with criminal cases;
(c) The prosecuting attorneys, city directors of law, village solicitors, and other prosecuting authorities when prosecuting or otherwise handling criminal cases, and the county and joint county public defenders and other public defender agencies or offices;
(d) The department of rehabilitation and correction, probation departments, county and municipal jails and workhouses, and any other department, agency, or facility that is concerned with the rehabilitation or correction of criminal offenders;
(e) Any public or private agency whose purposes include the prevention of crime or the diversion, adjudication, detention, or rehabilitation of criminal offenders;
(f) Any public or private agency, the purposes of which include assistance to crime victims or witnesses.
(2) The inclusion of any public or private agency, the purposes of which include assistance to crime victims or witnesses, as part of the criminal justice system pursuant to division (B)(1) of this section does not limit, and shall not be construed as limiting, the discretion or authority of the attorney general with respect to crime victim assistance and criminal justice programs.
(C) "Juvenile justice system" includes all of the functions of the juvenile courts, the department of youth services, any public or private agency whose purposes include the prevention of delinquency or the diversion, adjudication, detention, or rehabilitation of delinquent children, and any of the functions of the criminal justice system that are applicable to children.
(D) "Comprehensive plan" means a document that coordinates, evaluates, and otherwise assists, on an annual or multi-year basis, any of the functions of the criminal and juvenile justice systems of the state or a specified area of the state, that conforms to the priorities of the state with respect to criminal and juvenile justice systems, and that conforms with the requirements of all federal criminal justice acts. These functions may include, but are not limited to, any of the following:
(1) Crime and delinquency prevention;
(2) Identification, detection, apprehension, and detention of persons charged with criminal offenses or delinquent acts;
(3) Assistance to crime victims or witnesses, except that the comprehensive plan does not include the functions of the attorney general pursuant to sections 109.91 and 109.92 of the Revised Code;
(4) Adjudication or diversion of persons charged with criminal offenses or delinquent acts;
(5) Custodial treatment of criminal offenders, delinquent children, or both;
(6) Institutional and noninstitutional rehabilitation of criminal offenders, delinquent children, or both.
(E) "Metropolitan county criminal justice services agency" means an agency that is established pursuant to division (A) of section 5502.64 of the Revised Code.
(F) "Administrative planning district" means a district that is established pursuant to division (A) or (B) of section 5502.66 of the Revised Code.
(G) "Criminal justice coordinating council" means a criminal justice services agency that is established pursuant to division (D) of section 5502.66 of the Revised Code.
(H) "Local elected official" means any person who is a member of a board of county commissioners or township trustees or of a city or village council, judge of the court of common pleas, a municipal court, or a county court, sheriff, county coroner, prosecuting attorney, city director of law, village solicitor, or mayor.
(I) "Juvenile justice coordinating council" means a juvenile justice services agency that is established pursuant to division (D) of section 5502.66 of the Revised Code.
(J) "Mcgruff house program" means a program in which individuals or families volunteer to have their homes or other buildings serve as places of temporary refuge for children and to display the mcgruff house symbol identifying the home or building as that type of place.
(K) "Mcgruff house symbol" means the symbol that is characterized by the image of "mcgruff," the crime dog, and the slogan "take a bite out of crime," and that has been adopted by the national crime prevention council as the symbol of its national citizens' crime prevention campaign.
(L) "Sponsoring agency" means any of the following:
(1) The board of education of any city, local, or exempted village school district;
(2) The governing board of any educational service center;
(3) The governing authority of any chartered nonpublic school;
(4) The police department of any municipal corporation, township, township police district, or joint township police district;
(5) The office of any township constable or county sheriff.
Sec. 5502.62.  (A) There is hereby created in the department of public safety a division of criminal justice services. The director of public safety, with the concurrence of the governor, shall appoint an executive director of the division of criminal justice services. The executive director shall be the head of the division. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section and to comply with sections 5502.63 to 5502.66 of the Revised Code, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain any necessary staff and may enter into any necessary contracts and other agreements. The executive director of the division, and all professional and technical personnel employed within the division who are not public employees as defined in section 4117.01 of the Revised Code, shall be in the unclassified civil service, and all other persons employed within the division shall be in the classified civil service.
(B) Subject to division (F) of this section and subject to divisions (D) to (F) of section 5120.09 of the Revised Code insofar as those divisions relate to federal criminal justice acts that the governor requires the department of rehabilitation and correction to administer, the division of criminal justice services shall do all of the following:
(1) Serve as the state criminal justice services agency and perform criminal justice system planning in the state, including any planning that is required by any federal law;
(2) Collect, analyze, and correlate information and data concerning the criminal justice system in the state;
(3) Cooperate with and provide technical assistance to state departments, administrative planning districts, metropolitan county criminal justice services agencies, criminal justice coordinating councils, agencies, offices, and departments of the criminal justice system in the state, and other appropriate organizations and persons;
(4) Encourage and assist agencies, offices, and departments of the criminal justice system in the state and other appropriate organizations and persons to solve problems that relate to the duties of the division;
(5) Administer within the state any federal criminal justice acts that the governor requires it to administer;
(6) Administer funds received under the "Family Violence Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 10401, as amended, with all powers necessary for the adequate administration of those funds, including the authority to establish a family violence prevention and services program.;
(7) Implement the state comprehensive plans;
(8) Audit grant activities of agencies, offices, organizations, and persons that are financed in whole or in part by funds granted through the division;
(9) Monitor or evaluate the performance of criminal justice system projects and programs in the state that are financed in whole or in part by funds granted through the division;
(10) Apply for, allocate, disburse, and account for grants that are made available pursuant to federal criminal justice acts, or made available from other federal, state, or private sources, to improve the criminal justice system in the state. Except as otherwise provided in this division, all money from such federal grants shall, if the terms under which the money is received require that the money be deposited into an interest-bearing fund or account, be deposited in the state treasury to the credit of the federal program purposes fund, which is hereby created. All investment earnings of the federal program purposes fund shall be credited to the fund. All money from such federal grants that require that the money be deposited into an interest-bearing fund or account, that are intended to provide funding to local criminal justice programs, and that require that investment earnings be distributed for program purposes shall be deposited in the state treasury to the credit of the federal justice programs fund, which is hereby created. All investment earnings of the federal justice programs fund shall be credited to the fund and distributed in accordance with the terms of the grant under which the money is received.
(11) Contract with federal, state, and local agencies, foundations, corporations, businesses, and persons when necessary to carry out the duties of the division;
(12) Oversee the activities of metropolitan county criminal justice services agencies, administrative planning districts, and criminal justice coordinating councils in the state;
(13) Advise the director of public safety, general assembly, and governor on legislation and other significant matters that pertain to the improvement and reform of criminal and juvenile justice systems in the state;
(14) Prepare and recommend legislation to the director of public safety, general assembly, and governor for the improvement of the criminal and juvenile justice systems in the state;
(15) Assist, advise, and make any reports that are requested or required by the governor, director of public safety, attorney general, or general assembly;
(16) Develop and maintain the Ohio incident-based reporting system in accordance with division (C) of this section;
(17) Subject to the approval of the director of public safety, adopt rules pursuant to Chapter 119. of the Revised Code;
(18)(a) Not later than June 1, 2007, and subject to the approval of the director of public safety, adopt rules for the establishment and maintenance of a mcgruff house program by any sponsoring agency. The rules shall include the following:
(i) The adoption of the mcgruff house symbol to be used exclusively in all mcgruff house programs in this state;
(ii) The requirements for any sponsoring agency to establish and maintain a mcgruff house program;
(iii) The criteria for the selection of volunteers to participate in a mcgruff house program that shall include, but not be limited to, criminal background checks of those volunteers;
(iv) Any other matters that the division of criminal justice services considers necessary for the establishment and maintenance of mcgruff house programs by sponsoring agencies and the participation of volunteers in those programs.
(b) The division of criminal justice services shall distribute materials and provide technical assistance to any sponsoring agency that establishes and maintains a mcgruff house program, any volunteer group or organization that provides assistance to that sponsoring agency, or any volunteer who participates in a mcgruff house program.
(C) The office division of criminal justice services shall develop and maintain the Ohio incident-based reporting system to facilitate the sharing of information with the federal bureau of investigation and participating law enforcement agencies in Ohio. The Ohio incident-based reporting system shall be known as OIBRS. In connection with OIBRS, the office division shall do all of the following:
(1) Collect and organize statistical data for reporting to the national incident-based reporting system operated by the federal bureau of investigation for the purpose of securing federal criminal justice grants;
(2) Analyze and highlight mapping data for participating law enforcement agencies;
(3) Distribute data and analyses to participating law enforcement agencies;
(4) Encourage nonparticipating law enforcement agencies to participate in OIBRS by offering demonstrations, training, and technical assistance;
(5) Provide assistance, advice, and reports requested by the governor, the general assembly, or the federal bureau of investigation;
(6) Require every law enforcement agency that receives federal criminal justice grants or state criminal justice information system general revenue funds through the office division to participate in OIBRS or in the uniform crime reporting program of the federal bureau of investigation. An agency that submits OIBRS data to the Ohio local law enforcement information sharing network shall be considered to be in compliance with division (C)(6) of this section if both of the following apply:
(a) The Ohio local law enforcement information sharing network is capable of collecting OIBRS data.
(b) The office division of criminal justice services has the ability to extract the OIBRS data for reporting to the national incident-based reporting system in the manner required by the federal bureau of investigation.
(D) Upon the request of the director of public safety or governor, the division of criminal justice services may do any of the following:
(1) Collect, analyze, or correlate information and data concerning the juvenile justice system in the state;
(2) Cooperate with and provide technical assistance to state departments, administrative planning districts, metropolitan county criminal justice service agencies, criminal justice coordinating councils, agency offices, and the departments of the juvenile justice system in the state and other appropriate organizations and persons;
(3) Encourage and assist agencies, offices, and departments of the juvenile justice system in the state and other appropriate organizations and persons to solve problems that relate to the duties of the division.
(E) Divisions (B), (C), and (D) of this section do not limit the discretion or authority of the attorney general with respect to crime victim assistance and criminal justice programs.
(F) Nothing in this section is intended to diminish or alter the status of the office of the attorney general as a criminal justice services agency or to diminish or alter the status or discourage the development and use of other law enforcement information systems in Ohio.
Section 2.  That existing sections 2917.46, 3313.206, 5502.61, and 5502.62 and section 3301.076 of the Revised Code are hereby repealed.
Section 3. (A) Sections 1 and 2 of this act, except for sections 5502.61 and 5502.62 of the Revised Code, shall take effect July 1, 2007.
(B) Sections 5502.61 and 5502.62 of the Revised Code, as amended by this act, shall take effect April 1, 2007.
Section 4. (A) On July 1, 2007, the duty of the State Board of Education to adopt rules for the establishment and maintenance of a Block Parent Program and any other responsibilities of the State Board of Education relating to that Program as provided in section 3301.076 of the Revised Code shall cease to exist.
(B) On or after April 1, 2007, but not later than June 1, 2007, the Division of Criminal Justice Services in the Department of Public Safety shall adopt rules for the establishment and maintenance of a McGruff House Program pursuant to sections 5502.61 and 5502.62 of the Revised Code, as amended by this act. The rules adopted by the Division of Criminal Justice Services under this division shall take effect July 1, 2007.
(C)(1) Any Block Parent Program that is established, sponsored, or maintained prior to July 1, 2007, under section 3301.076 or 3313.206 of the Revised Code or any rule adopted by the State Board of Education pursuant to section 3301.076 of the Revised Code and that is in existence on June 30, 2007, shall cease to exist on July 1, 2007. Any chartered nonpublic school, volunteer, agency, or entity that participates in that Block Parent Program under section 3313.206 of the Revised Code or any rule adopted by the State Board of Education pursuant to section 3301.076 of the Revised Code shall cease to participate in that Program on July 1, 2007.
(2) Not later than June 30, 2007, any municipal or township police department, township police district, county sheriff's department, other law enforcement agency, chartered nonpublic school, volunteer, or entity that is using the Block Parent symbol established by the State Board of Education pursuant to section 3301.076 of the Revised Code or any rule adopted by the State Board of Education pursuant to that section, shall cease to use that symbol and shall remove the symbol or cause its removal from any house or building in which it is displayed by that department, district, agency, school, volunteer, or entity. Except as provided in division (C)(3) of this section, the appropriate department, district, agency, school, volunteer, or entity immediately shall return all of the Block Parent symbols used, displayed, or possessed by it to the appropriate board of education or other entity that under section 3313.206 of the Revised Code or any rule adopted pursuant to section 3301.076 of the Revised Code established, sponsored, or maintained the Block Parent Program in which the symbol was used.
(3) A board of education or other entity to which the Block Parent symbols are returned as provided in division (C)(2) of this section shall destroy all of those returned symbols and any other Block Parent symbols possessed by that board or entity. If a municipal or township police department, township police district, county sheriff's department, other law enforcement agency, chartered nonpublic school, or other entity that is using the Block Parent symbol as provided in division (C)(2) of this section also established or is sponsoring or maintaining the Block Parent Program in which the symbol is used, that department, district, agency, school, or entity shall destroy all of the Block Parent symbols that are used, displayed, or possessed by it. The destruction of all Block Parent symbols pursuant to this division shall be made not later than July 10, 2007.
Section 5.  Section 181.52 (5502.62) of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th 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.
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