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Sub. H. B. No. 374 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Hughes, Latta, Webster, Allen, Flowers, Uecker, Evans, D., McGregor, J., Skindell, Brown, Fende, Sayre, Combs, Otterman, Ujvagi, Wagoner, Yuko, Chandler, Barrett, Strahorn, Gilb, Seitz, Willamowski, Beatty, Book, Calvert, Cassell, Daniels, DeBose, DeGeeter, Domenick, Evans, C., Faber, Key, Law, Oelslager, Patton, T., Perry, Reidelbach, Schaffer, Schlichter, Schneider, Setzer, Smith, G., Stewart, D.
Senators Grendell, Dann, Zurz, Kearney, Stivers, Clancy
A BILL
To amend sections 2917.46, 2933.41, 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, to create the offense of unauthorized use of a McGruff house symbol, and if a citizens' reward program has entered into an agreement of affiliation with a board of county commissioners, to permit instead of require specified law enforcement agencies to pay 25 per cent of the proceeds from the sale of forfeited property to that citizens' reward program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2917.46, 2933.41, 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. 2933.41. (A)(1) Any property, other than contraband
that is subject to the provisions of section 2913.34 or
2933.43 of
the
Revised Code, other than property that is subject to section
3719.141 of the Revised Code, other than property that is
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45
of the
Revised Code,
other than a vehicle that is criminally
forfeited under an order
issued under section 4503.233 or 4503.234
of the Revised Code and
that is to be disposed of under section
4503.234 of the Revised
Code, other than property that has been
lawfully seized under
sections 2933.71 to 2933.75 of the Revised
Code in relation to a
medicaid fraud offense, and other than
property that has been
lawfully seized in relation to a violation
of section 2923.32 of
the Revised Code, that has been lost,
abandoned, stolen, seized
pursuant to a search warrant, or
otherwise lawfully seized or
forfeited, and that is in the custody
of a law enforcement
agency shall be kept safely pending the time
it no longer is
needed as evidence and shall be disposed of
pursuant to this
section. Each law enforcement agency that has
custody of any
property that is subject to this section shall
adopt a written
internal control policy that addresses the keeping
of detailed
records as to the amount of property taken in by the
agency, that
addresses the agency's disposition of the property
under this
section, that provides for the keeping of detailed
records of the
disposition of the property, and that provides for
the keeping of
detailed financial records of the amount and
disposition of any
proceeds of a sale of the property under
division (D)(8) of this
section and of the general types of
expenditures made out of the
proceeds retained by the agency and
the specific amount expended
on each general type of expenditure.
The policy shall not
provide for or permit the identification of
any specific
expenditure that is made in an ongoing investigation.
The policy
is a public record open for inspection under section
149.43 of
the Revised Code. (2)(a) Every law enforcement agency that has any lost,
abandoned, stolen, seized, or forfeited property as described in
division (A)(1) of this section in its custody shall comply with
its written internal control policy adopted under that division
relative to the property. Each agency that has any such
property
in its custody, except for property to be disposed of under
division (D)(4) of this section, shall maintain an accurate
record, in accordance with its written internal control policy,
of
each item of the property. The record shall include the date
on
which each item of property came into the agency's custody,
the
manner in which it was disposed of, the date of its
disposition,
the name of the person who received the property if
it was not
destroyed, and all other information required by the
agency's
written internal control policy; however, the record
shall not
identify or enable the identification of the individual
officer
who seized any item of property. The record of any
property that
no longer is needed as evidence, and all financial
records of the
amount and disposition of any proceeds of a sale
under division
(D)(8) of this section and of the general types of
expenditures
made out of the proceeds retained by the agency and
the specific
amount of each general type of expenditure, shall be
open to
public inspection during the agency's regular business
hours. Each law enforcement agency that, during any calendar year,
has any seized or forfeited property as described in division
(A)(1) of this section in its custody shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send a copy of
the
cumulative report, no later than the first day of March in
the
calendar year following the calendar year covered by the
report,
to the attorney general. Each report received by the
attorney
general is a public record open for inspection under
section
149.43 of the Revised Code. (b) Each law enforcement agency that receives in any
calendar year any proceeds of a sale under division (D)(8) of
this
section shall prepare a report covering the calendar year
that
cumulates all of the information contained in all of the
public
financial records kept by the agency pursuant to division
(D)(2)(a) of this section for that calendar year and shall send
a
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. (c) Not later than the fifteenth day of April in the
calendar year in which reports are sent to the attorney general
under
divisions (A)(2)(a) and (b) of this section, the
attorney
general shall send to the president of the senate and the speaker
of
the house of representatives a written notification that does
all of the
following: (i) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in division
(A)(2)(a),
(A)(2)(b), or both (A)(2)(a) and (b) of this section,
whichever is applicable,
that cover the previous calendar year and
indicates that the reports were
received under division (A)(2)(a),
(A)(2)(b), or both
(A)(2)(a) and (b) of this section, whichever is
applicable; (ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code; (iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request. (B) A law enforcement agency that has property in its
possession that is required to be disposed of pursuant to this
section shall make a reasonable effort to locate the persons
entitled to possession of the property in its custody, to notify
them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence
of
evidence identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county, briefly describing the nature of the
property in custody and inviting persons to view and establish
their right to it. (C) A person loses any right that the person may have to the
possession, or the possession and ownership, of property if any
of
the following applies: (1) The property was the subject, or was used in a
conspiracy or attempt to commit, or in the commission, of an
offense other than a traffic offense, and the person is a
conspirator, accomplice, or offender with respect to the offense. (2) A court determines that the property should be
forfeited
because, in light of the nature of the property or the
circumstances of the person, it is unlawful for the person to
acquire or possess the property. (D) Unclaimed or forfeited property in the custody of a
law
enforcement agency, other than contraband that is subject to
the
provisions of section 2913.34 or 2933.43 of the Revised
Code,
other than property forfeited under sections 2923.44 to 2923.47 or
2925.41 to 2925.45 of the
Revised Code, and other than property
that has been lawfully
seized in relation to a violation of
section 2923.32 of the
Revised Code, shall be disposed of on
application to and order of
any court of record that has
territorial jurisdiction over the
political subdivision in which
the law enforcement agency has
jurisdiction to engage in law
enforcement activities, as follows: (1) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law. (2) Firearms and dangerous ordnance suitable for police
work
may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (D)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by the agency or shall be sent to the
bureau of criminal identification and investigation for
destruction by the bureau. (3) Obscene materials shall be destroyed. (4) Except as otherwise provided in division (D)(4) of this section, beer or intoxicating liquor seized by a
law enforcement agency shall be destroyed. Intoxicating liquor seized by the
investigative unit in the department of public
safety may be distributed for
training relating to law enforcement
activities. Pursuant to rules the department adopts in accordance
with
Chapter
119. of the Revised Code, the department shall provide for the distribution of
seized intoxicating liquor that is not distributed for training relating to its law enforcement activities, to state or local law
enforcement agencies,
upon their request, for training related to their law enforcement activities. (5) Money received by an inmate of a correctional
institution from an unauthorized source or in an unauthorized
manner shall be returned to the sender, if known, or deposited in
the inmates' industrial and entertainment fund if the sender is
not known. (6) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in the performance of its duties.
Those parts may be incorporated into any other official vehicle.
Parts that do not bear vehicle identification numbers or
derivatives of them may be sold or disposed of as provided by
rules of the director of public safety. Parts from which a
vehicle identification number or derivative of it has been
removed, defaced, covered, altered, or destroyed and that are not
suitable for police work or incorporation into an official
vehicle
shall be destroyed and sold as junk or scrap. (7)(a) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of pursuant to division (D)(8) of this section. (b) As used in this section, "computers," "computer
networks," "computer systems," and "computer software" have the
same meanings as in section 2913.01 of the Revised Code. (8) Other unclaimed or forfeited property,
including
personal property that is abandoned or relinquished by an inmate
of a state correctional institution, with the
approval of the
court, may be used by the law enforcement agency
that has
possession of it. If the other unclaimed or forfeited
property is
not used by the law enforcement agency, it may be
sold, without
appraisal, at a public auction to the highest
bidder for cash, or,
in the case of other unclaimed or forfeited
moneys, disposed of in
another manner that the court considers
proper in the
circumstances. (E)(1)(a) If the property was in the possession
of the law
enforcement agency in relation to a delinquent child
proceeding in
a juvenile court, ten per cent of the proceeds from
property
disposed of pursuant to this section shall be applied to
one or
more alcohol and drug addiction treatment programs that
are
certified by the department of alcohol and drug addiction
services
under section 3793.06 of the Revised
Code and that are specified
by the court in its order
issued under division (D) of this
section. A juvenile court shall
not
specify an alcohol or
drug
addiction treatment program in the order
unless the program is a
certified alcohol and drug addiction
treatment program and, except
as provided in division
(E)(1)(a) of this section, unless the
program is located
in the county in which the court
that issues
the orders is located or in a contiguous county. If
no certified
alcohol and drug addiction treatment program is
located in any of
those counties, the juvenile court may specify in the order
a
certified alcohol and drug
addiction treatment program located
anywhere within this state. The remaining
ninety per cent of
the
proceeds shall be applied as provided in division
(E)(1)(b) of
this section. If the property was in the possession of the law
enforcement
agency other than in relation to a delinquent child
proceeding in
a juvenile court, all of the proceeds from property
disposed of
pursuant to this section shall be applied as provided
in division
(E)(1)(b) of this section. (b) Except as provided in divisions (D)(4), (5), and
(E)(2)
of this section and after compliance with division
(E)(1)(a) of
this section when that division is
applicable, the proceeds from
property disposed of
pursuant to this section shall be placed in
the general fund of
the state, the county, the township, or the
municipal
corporation, of which the law enforcement agency
involved is an
agency. (2) Each board of county commissioners that recognizes a
citizens' reward program as provided in section 9.92 of the
Revised Code shall notify each law enforcement agency of that
county and each law enforcement agency of a township or municipal
corporation wholly located in that county of the official
recognition of the citizens' reward program by filing a copy of
its resolution conferring that recognition with each
of those law
enforcement agencies. When the board of county
commissioners of a
county recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal
corporation, the board shall so notify the law enforcement agency
of that municipal corporation of the official recognition of the
citizens' reward program only if the county contains the highest
percentage of the municipal corporation's population. Upon Unless a citizens' reward program has entered into an agreement of affiliation with a board of county commissioners pursuant to division (D) of section 9.92 of the Revised Code, upon
receipt of a notice described in this division,
each law
enforcement
agency shall pay
twenty-five per cent of the proceeds
from each sale of property
disposed of pursuant to this section to
the citizens' reward
program for use exclusively for the payment
of rewards. If there is an agreement of affiliation between the citizens' reward program and the board of county commissioners under division (D) of section 9.92 of the Revised Code, each law enforcement agency that receives the notice described in this division may pay twenty-five per cent of the proceeds from each sale of property disposed of pursuant to this section to the citizens' reward program for use exclusively for the payment of rewards. No part
of those funds may be used to pay for the
administrative expenses
or any other expenses associated with a
citizens' reward program. If a
citizens' reward program that
operates in more than one
county or in another state or states in
addition to this state
receives funds pursuant to this section,
the funds shall be used
to pay rewards only for tips and
information to law enforcement
agencies concerning felonies,
offenses of violence, or
misdemeanors that have been committed in
the county from which
the funds were received. (F) This section does not apply to the collection,
storage,
or disposal of abandoned junk motor vehicles. This
section shall
not be construed to rescind or restrict the
authority of a
municipal law enforcement agency to keep and
dispose of lost,
abandoned, stolen, seized, or forfeited property
under an
ordinance of the municipal corporation or under sections 737.29 to
737.33 of the Revised Code, provided that,
when a municipal
corporation that has received notice as provided
in division
(E)(2) of this section disposes of property under
an ordinance, it
shall pay twenty-five per
cent of the
proceeds from any sale or
auction to the citizens' reward program
as provided under that
division. (G) The receipt of funds by a citizens' reward program
pursuant to division (E) of this section does not make it a
governmental unit for purposes of section 149.43 of the Revised
Code and does not subject it to the disclosure provisions of that
section. (H) This section does not apply to the disposal of stolen or
other
property recovered by township law enforcement agencies
pursuant to sections
505.105 to 505.109 of the Revised Code. (I)(1) Subject to divisions (D)(1) to (7) of this section,
and otherwise notwithstanding the provisions of this section,
personal property that is subject to this section and that is
abandoned or relinquished by an inmate of a state correctional
institution may be destroyed or used by order of the warden
of the
institution, if either of the following apply:
(a) The value of the item is one hundred dollars or less,
the state correctional institution has attempted to contact or
identify the owner of the personal property, and those attempts
have been unsuccessful.
(b) The inmate who owns the personal property agrees in
writing to the disposal of the personal property in question.
(2) The department of rehabilitation and correction shall
record the seizure and disposition of any personal property
pursuant to division (I)(1) of this section, any attempts to
contact or identify the owner of the personal property pursuant to
division (I)(1)(a) of this section, and any agreement made
pursuant to division (I)(1)(b) of this section. (J) For purposes of this section, "law enforcement agency"
includes correctional institutions, and
"citizens' reward program"
has the same meaning as in section
9.92 of the Revised Code. As
used in division (H) of this
section, "township law enforcement
agencies" means an organized police
department of a township, a
township police district, a joint township police
district, or the
office of a township constable.
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, 2933.41, 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 2933.41, 5502.61, and 5502.62 of the Revised Code, shall take effect July 1, 2007.
(B) Section 2933.41 of the Revised Code, as amended by this act, shall take effect at the earliest time permitted by law. (C) 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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