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(126th General Assembly)
(Substitute House Bill Number 58)
AN ACT
To amend sections 109.71, 109.73, 109.79, 4973.17, and 4973.171 of the Revised Code relative to the appointment and commissioning of amusement park police officers and to the training of those officers and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.71, 109.73, 109.79, 4973.17, and 4973.171 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) Veterans' homes 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
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; (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
May
17, 2000, 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) 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 March 19, 2003, 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; (20) A police officer who is employed by an owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code. (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. 109.73. (A) The Ohio peace officer training
commission
shall recommend rules to the attorney general with respect to all
of the following: (1) The approval, or revocation of approval, of peace
officer training schools administered by the state, counties,
municipal corporations, public school districts, technical
college
districts, and the department of natural resources; (2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state,
county,
municipal, and department of natural resources peace
officer
training schools; (3) Minimum qualifications for instructors at approved
state, county, municipal, and department of natural resources
peace officer training schools; (4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements
shall
include a minimum of 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, a minimum of six hours of
crisis
intervention training, and a specified amount of training
in the
handling of missing children and child abuse and neglect
cases,
and the time within which such basic training shall be
completed
following such appointment to a probationary term; (5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include a minimum of 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, a minimum of six
hours of crisis intervention training, and a specified amount of
training in the handling of missing children and child abuse and
neglect cases, and the time within which such basic training
shall
be completed following such appointment on other than a
permanent
basis; (6) Categories or classifications of advanced in-service
training programs for peace officers, including programs 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, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and minimum courses of study and attendance
requirements with respect to such categories or classifications; (7) Permitting persons who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code, who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code, or who are appointed and
commissioned
as railroad police officers or hospital
police officers
pursuant
to sections 4973.17 to 4973.22 of the Revised Code, or who are appointed and commissioned as amusement park police officers pursuant to section 4973.17 of the Revised Code to
attend
approved peace officer training schools, including the
Ohio peace
officer training academy, and to receive certificates
of
satisfactory completion of basic training programs, if the
private
college or university that established the campus police
department, qualified nonprofit corporation police department,
railroad company, or hospital, or amusement park sponsoring the police
officers pays
the entire cost of the training and certification
and if trainee
vacancies are available; (8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification; (9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state
and
for criminal investigators employed by the state public
defender
that those persons shall complete before they may carry
a firearm
while on duty; (b) The requirements for any training received by a
bailiff
or deputy bailiff of a court of record of this state or
by a
criminal investigator employed by the state public defender
prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section. (10) Establishing minimum qualifications and requirements
for certification for dogs utilized by law enforcement agencies; (11) Establishing minimum requirements for certification
of
persons who are employed as correction officers in a
full-service
jail, five-day facility, or eight-hour holding
facility or who
provide correction services in such a jail or
facility; (12) Establishing requirements for the training of agents of a county humane society under section 1717.06 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices. (B) The commission shall appoint an executive director,
with
the approval of the attorney general, who shall hold office
during
the pleasure of the commission. The executive
director shall
perform such duties as may be assigned by the
commission. The
executive director
shall receive a salary fixed pursuant to
Chapter 124. of the
Revised Code and reimbursement for expenses
within the amounts
available by appropriation. The executive
director may appoint
officers, employees, agents, and consultants
as the executive
director considers
necessary, prescribe their
duties, and provide for reimbursement
of their expenses within the
amounts available for reimbursement
by appropriation and with the
approval of the
commission. (C) The commission may do all of the following: (1) Recommend studies, surveys, and reports to be made by
the executive director regarding the carrying out of the
objectives and purposes of sections 109.71 to 109.77 of the
Revised Code; (2) Visit and inspect any peace officer training school
that
has been approved by the executive director or for which
application for approval has been made; (3) Make recommendations, from time to time, to the
executive director, the attorney general, and the general
assembly
regarding the carrying out of the purposes of sections
109.71 to
109.77 of the Revised Code; (4) Report to the attorney general from time to time, and
to
the governor and the general assembly at least annually,
concerning the activities of the commission; (5) Establish fees for the services the commission
offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and
testing; (6) Perform such other acts as are necessary or
appropriate
to carry out the powers and duties of the
commission as
set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12) of this section, the commission may consider any portions of the curriculm curriculum for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane agent for appointment under section 1717.06 of the Revised Code.
Sec. 109.79. (A) The Ohio peace officer training
commission
shall establish and conduct a training school for law enforcement
officers of any political subdivision of the state or of the
state public defender's office. The school shall be known as the
Ohio peace officer training academy. No bailiff or deputy
bailiff of a court of record of this state and no criminal
investigator employed by the state public defender shall be
permitted to attend the academy for training unless the employing
court of the bailiff or deputy bailiff or the state public
defender, whichever is applicable, has authorized the bailiff,
deputy bailiff, or investigator to attend the academy. The Ohio peace officer training commission shall develop
the
training program, which shall include courses in both the civil
and criminal functions of law enforcement officers, a course in
crisis intervention with six or more hours of training, and
training in the handling of missing children and child abuse and
neglect cases, and shall establish rules governing qualifications
for admission to the academy. The commission may
require
competitive examinations to determine fitness of prospective
trainees, so long as the examinations or other criteria for
admission to the academy are consistent with the provisions of
Chapter 124. of the Revised Code. The Ohio peace officer training commission shall
determine
tuition costs which shall be sufficient in the aggregate to pay
the costs of operating the academy. The costs of acquiring and
equipping the academy shall be paid from appropriations made by
the general assembly to the Ohio peace officer training
commission
for that purpose, or from gifts or grants received for that
purpose. The law enforcement officers, during the period of their
training, shall receive compensation as determined by the
political subdivision that sponsors them or, if the officer is a
criminal investigator employed by the state public defender, as
determined by the state public defender. The political
subdivision may pay the tuition costs of the law enforcement
officers they sponsor and the state public defender may pay the
tuition costs of criminal investigators of that office who attend
the academy. If trainee vacancies exist, the academy may train and issue
certificates of satisfactory completion to peace officers who are
employed by a campus police department pursuant to section
1713.50 of the Revised Code, by a qualified nonprofit corporation
police department pursuant to section 1702.80 of the Revised
Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are hospital police
officers appointed and commissioned by the governor pursuant to
sections 4973.17 to 4973.22 of the Revised Code, provided that no
such officer shall be trained at the academy unless the officer
meets the qualifications established for admission to the academy
and the qualified nonprofit corporation police department,
railroad company, or hospital, or amusement park or the private college or
university that established the campus police department prepays
the entire cost of the training. A qualified nonprofit
corporation police department, railroad company, or hospital, or amusement park or a
private college or university that has established a campus
police department is not entitled to reimbursement from the state
for any amount paid for the cost of training the railroad
company's peace officers or the peace officers of the qualified
nonprofit corporation police department, campus police
department, or hospital, or amusement park. The academy shall permit investigators employed by the
state medical board to take selected courses that the board
determines are consistent with its responsibilities for initial
and continuing training of investigators as required under
sections 4730.26 and 4731.05 of the
Revised Code. The board
shall pay the entire cost of training that investigators receive
at the academy. (B) As used in this section: (1) "Law enforcement officers" include any undercover drug
agent, any bailiff or deputy bailiff of a court of record, and
any criminal investigator who is employed by the state public
defender. (2) "Undercover drug agent" means any person who: (a) Is employed by a county, township, or municipal
corporation for the purposes set forth in division (B)(2)(b) of
this section but who is not an employee of a county sheriff's
department, of a township constable, or of the police department
of a municipal corporation or township; (b) In the course of the person's employment by a county,
township,
or municipal corporation, investigates and gathers information
pertaining to persons who are suspected of violating Chapter
2925. or 3719. of the Revised Code, and generally does not wear a
uniform in the performance of the person's duties. (3) "Crisis intervention training" has the same meaning as
in section 109.71 of the Revised Code. (4) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 4973.17. (A) Upon the application of any bank,
building and loan association, or association of banks or
building and loan associations in this state, the secretary of state may
appoint and commission any persons that the bank, building and
loan association, or association of banks or building and loan
associations designates, or as many of those persons as the secretary of state
considers proper, to act as police officers for and on the
premises of that bank, building and loan association, or
association of banks or building and loan associations, or
elsewhere, when directly in the discharge of their duties.
Police officers so appointed shall be citizens of this state and
of good character. They shall hold office for three years,
unless, for good cause shown, their commission is revoked by the
secretary of state, or by the bank, building and loan association, or
association of banks or building and loan associations, as
provided by law. (B) Upon the application of a company owning or using a
railroad in this state and subject to section 4973.171 of the Revised Code,
the secretary of state may appoint and commission
any persons that the railroad company designates, or as many of
those persons as the secretary of state considers proper, to act as police officers
for and on the premises of the railroad company, its affiliates
or subsidiaries, or elsewhere, when directly in the discharge of
their duties. Police officers so appointed, within the
time set by the Ohio peace officer training commission, shall successfully
complete a commission approved training program and be certified by
the commission. They shall hold office for three years, unless, for
good cause shown, their commission is revoked by the secretary of state, or
railroad company, as provided by law. Any person holding a similar commission in another state
may be commissioned and may hold office in this state without
completing the approved training program required by this
division provided that the person has completed a
substantially
equivalent training program in the other state. The Ohio peace
officer training commission shall determine whether a training
program in another state meets the requirements of this division. (C) Upon the application of any company under contract
with the United States atomic energy commission for the
construction or operation of a plant at a site owned by
the commission, the secretary of state may appoint and commission persons
the company designates, not to exceed one hundred fifty, to act
as police officers for the company at the plant or site owned by
the commission. Police officers so appointed shall be citizens
of this state and of good character. They shall hold office for
three years, unless, for good cause shown, their commission is
revoked by the secretary of state or by the company, as provided by law. (D)(1) Upon the application of any hospital that is
operated by a public hospital agency or a nonprofit hospital
agency and that employs and maintains its own proprietary police
department or security department and subject to section 4973.171 of the
Revised Code, the secretary of state may appoint and
commission any persons that the hospital designates, or as many of
those persons as the secretary of state considers proper, to act as police
officers for the hospital. No person who is appointed as a
police officer under this division shall engage in any duties or
activities as a police officer for the hospital or any affiliate
or subsidiary of the hospital unless all of the following apply: (a) The chief of police of the municipal corporation in
which the hospital is located or, if the hospital is located in
the unincorporated area of a county, the sheriff of that county
has granted approval to the hospital to permit persons appointed
as police officers under this division to engage in those duties
and activities. The approval required by this division is
general in nature and is intended to cover in the aggregate all
persons appointed as police officers for the hospital under this
division; a separate approval is not required for each appointee
on an individual basis. (b) Subsequent to the grant of approval described in
division (D)(1)(a) of this section, the hospital has entered into
a written agreement with the chief of police of the municipal corporation in which the
hospital is located or, if the hospital is located in the
unincorporated area of a county, with the sheriff of that county,
that sets forth the standards and criteria to govern the interaction
and cooperation between persons appointed as police officers for
the hospital under this division and law enforcement officers
serving the agency represented by the chief of police or sheriff
who signed the agreement in areas of their concurrent
jurisdiction. The written agreement shall be signed by the
appointing authority of the hospital and by the chief of police
or sheriff. The standards and criteria may include, but are not
limited to, provisions governing the reporting of offenses
discovered by hospital police officers to the agency represented
by the chief of police or sheriff, provisions governing
investigatory responsibilities relative to offenses committed on
hospital property, and provisions governing the processing and
confinement of persons arrested for offenses committed on
hospital property. The agreement required by this division is
intended to apply in the aggregate to all persons appointed as
police officers for the hospital under this division; a separate
agreement is not required for each appointee on an individual
basis. (c) The person has successfully completed a training
program approved by the Ohio peace officer training commission and
has been certified by the commission. A person appointed as a
police officer under this division may attend a training program
approved by the commission and be certified by the commission
regardless of whether the appropriate chief of police or sheriff
has granted the approval described in division (D)(1)(a) of this
section and regardless of whether the hospital has entered into
the written agreement described in division (D)(1)(b) of this
section with the appropriate chief of police or sheriff. (2)(a) A person who is appointed as a police officer under
division (D)(1) of this section is entitled, upon the grant of
approval described in division (D)(1)(a) of this section and upon
the person's and the hospital's compliance with the
requirements
of divisions (D)(1)(b) and (c) of this section, to act as a police
officer for the hospital on the premises of the hospital and of
its affiliates and subsidiaries that are within the territory of
the municipal corporation served by the chief of police or the
unincorporated area of the county served by the sheriff who
signed the written agreement described in division (D)(1)(b) of
this section, whichever is applicable, and anywhere else within
the territory of that municipal corporation or within the
unincorporated area of that county. The authority to act as a
police officer as described in this division is granted only
if the person, when engaging in that activity, is directly in the
discharge of the person's duties as a police officer for the
hospital. The authority to act as a police officer as described in this
division shall be exercised in accordance with the standards and
criteria set forth in the written agreement described in division
(D)(1)(b) of this section. (b) Additionally, a person appointed as a police officer
under division (D)(1) of this section is entitled, upon the grant
of approval described in division (D)(1)(a) of this section and
upon the person's and the hospital's compliance with the
requirements of
divisions (D)(1)(b) and (c) of this section, to act as a police
officer elsewhere, within the territory of a municipal
corporation or within the unincorporated area of a county, if the
chief of police of that municipal corporation or the sheriff of
that county, respectively, has granted approval for that activity
to the hospital, police department, or security department served
by the person as a police officer and if the person, when
engaging in that activity, is directly in the discharge of
the person's duties as a police officer for the hospital. The
approval
described in this division may be general in nature or may be
limited in scope, duration, or applicability, as determined by
the chief of police or sheriff granting the approval. (3) Police officers appointed under division (D)(1) of
this section shall hold office for three years, unless, for good
cause shown, their commission is revoked by the secretary of state or by
the hospital, as provided by law. As used in divisions (D)(1) to
(3) of this section, "public hospital agency" and "nonprofit
hospital agency" have the same meanings as in section 140.01 of
the Revised Code. (E)(1) Upon the application of any owner or operator of an amusement park that has an average yearly attendance in excess of six hundred thousand guests and that employs and maintains its own proprietary police department or security department and subject to section 4973.171 of the Revised Code, any judge of the municipal court or county court that has territorial jurisdiction over the amusement park may appoint and commission any persons that the owner or operator designates, or as many of those persons as the judge considers proper, to act as police officers for the amusement park. If the amusement park is located in more than one county, any judge of the municipal court or county court of any of those counties may make the appointments and commissions as described in this division. No person who is appointed as a police officer under this division shall engage in any duties or activities as a police officer for the amusement park or any affiliate or subsidiary of the owner or operator of the amusement park unless all of the following apply:
(a) The appropriate chief or chiefs of police of the political subdivision or subdivisions in which the amusement park is located as specified in this division have granted approval to the owner or operator of the amusement park to permit persons appointed as police officers under this division to engage in those duties and activities. If the amusement park is located in a single municipal corporation or a single township, the chief of police of that municipal corporation or township is the appropriate chief of police for the grant of approval under this division. If the amusement park is located in two or more townships, two or more municipal corporations, or one or more townships and one or more municipal corporations, the chiefs of police of all of the affected townships and municipal corporations are the appropriate chiefs of police for the grant of approval under this division, and the approval must be jointly granted by all of those chiefs of police. The approval required by this division is general in nature and is intended to cover in the aggregate all persons appointed as police officers for the amusement park under this division. A separate approval is not required for each appointee on an individual basis.
(b) Subsequent to the grant of approval described in division (E)(1)(a) of this section, the owner or operator has entered into a written agreement with the appropriate chief or chiefs of police of the political subdivision or subdivisions in which the amusement park is located as specified in this division and has provided the sheriff of the county in which the political subdivision or subdivisions are located with a copy of the agreement. If the amusement park is located in a single municipal corporation or a single township, the chief of police of that municipal corporation or township is the appropriate chief of police for entering into the written agreement under this division. If the amusement park is located in two or more townships, two or more municipal corporations, or one or more townships and one or more municipal corporations, the chiefs of police of all of the affected townships and municipal corporations are the appropriate chiefs of police for entering into the written agreement under this division, and the written agreement must be jointly entered into by all of those chiefs of police. The written agreement between the owner or operator and the chief or chiefs of police shall address the scope of activities, the duration of the agreement, and mutual aid arrangements and shall set forth the standards and criteria to govern the interaction and cooperation between persons appointed as police officers for the amusement park under this division and law enforcement officers serving the agency represented by the chief of police who signed the agreement. The written agreement shall be signed by the owner or operator and by the chief or chiefs of police who enter into it. The standards and criteria may include, but are not limited to, provisions governing the reporting of offenses discovered by the amusement park's police officers to the agency represented by the chief of police of the municipal corporation or township in which the offense occurred, provisions governing investigatory responsibilities relative to offenses committed on amusement park property, and provisions governing the processing and confinement of persons arrested for offenses committed on amusement park property. The agreement required by this division is intended to apply in the aggregate to all persons appointed as police officers for the amusement park under this division. A separate agreement is not required for each appointee on an individual basis.
(c) The person has successfully completed a training program approved by the Ohio peace officer training commission and has been certified by the commission. A person appointed as a police officer under this division may attend a training program approved by the commission and be certified by the commission regardless of whether the appropriate chief of police has granted the approval described in division (E)(1)(a) of this section and regardless of whether the owner or operator of the amusement park has entered into the written agreement described in division (E)(1)(b) of this section with the appropriate chief of police.
(2)(a) A person who is appointed as a police officer under division (E)(1) of this section is entitled, upon the grant of approval described in section (E)(1)(a) of this section and upon the person's and the owner or operator's compliance with the requirements of division (E)(1)(b) and (c) of this section, to act as a police officer for the amusement park and its affiliates and subsidiaries that are within the territory of the political subdivision or subdivisions served by the chief of police, or respective chiefs of police, who signed the written agreement described in division (E)(1)(b) of this section, and upon any contiguous real property of the amusement park that is covered by the written agreement, whether within or adjacent to the political subdivision or subdivisions. The authority to act as a police officer as described in this division is granted only if the person, when engaging in that activity, is directly in the discharge of the person's duties as a police officer for the amusement park. The authority to act as a police officer as described in this division shall be exercised in accordance with the standards and criteria set forth in the written agreement described in division (E)(1)(b) of this section.
(b) In addition to the authority granted under division (E)(2)(a) of this section, a person appointed as a police officer under division (E)(1) of this section is entitled, upon the grant of approval described in division (E)(1)(a) of this section and upon the person's and the owner or operator's compliance with the requirements of divisions (E)(1)(b) and (c) of this section, to act as a police officer elsewhere within the territory of a municipal corporation or township if the chief of police of that municipal corporation or township has granted approval for that activity to the owner or operator served by the person as a police officer and if the person, when engaging in that activity, is directly in the discharge of the person's duties as a police officer for the amusement park. The approval described in this division may be general in nature or may be limited in scope, duration, or applicability, as determined by the chief of police granting the approval.
(3) Police officers appointed under division (E)(1) of this section shall hold office for five years, unless, for good cause shown, their commission is revoked by the appointing judge or the judge's successor or by the owner or operator, as provided by law.
(F) A fee of fifteen dollars for each commission applied for under
this section shall be paid at the time the application is made,
and this amount shall be returned if for any reason a commission
is not issued.
Sec. 4973.171. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code. (B)(1) The governor shall not appoint or
commission a person
as a police officer for a railroad company
under division (B) of
section 4973.17 of the
Revised Code and shall not appoint or
commission
a person as a police officer for a hospital under
division
(D) of section 4973.17 of the Revised
Code on a permanent
basis, on a temporary basis, for a
probationary term, or on other
than a permanent basis if the
person previously has been convicted
of or has pleaded guilty to
a felony. (2)(a) The governor shall revoke the
appointment or
commission of a person appointed or commissioned
as a police
officer for a railroad company or as a police officer
for a
hospital under division (B) or (D) of
section 4973.17 of the
Revised Code if that
person does either of the following: (i) Pleads guilty to a felony; (ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.43 of the Revised Code in which the
person agrees to
surrender the certificate awarded to that
person under section
109.77 of the Revised Code. (b) The governor shall suspend the appointment
or commission
of a person appointed or commissioned as a police
officer for a
railroad company or as a police officer for a
hospital under
division (B) or (D) of section
4973.17 of the Revised Code if that
person is
convicted, after trial, of a felony. If the person
files an appeal from that conviction 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 governor shall revoke the
appointment or commission of that
person as a police officer for a
railroad company or as a police
officer for a hospital. 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
governor shall
reinstate the appointment or commission of that
person as a police
officer for a railroad company or as a police
officer for a
hospital. A person whose appointment or commission
is reinstated
under division (B)(2)(b) of
this section shall not receive any
back pay unless that person's conviction
of the felony was
reversed on appeal, or the
felony charge was dismissed, because
the court
found insufficient evidence to convict the person of the
felony. (3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997. (4) The suspension or revocation of the appointment or
commission of a
person as a police officer for a railroad company
or as a police officer for a
hospital under division (B)(2) of
this section shall be in accordance
with Chapter 119. of the
Revised Code. (C)(1) A judge of a municipal court or county court that has territorial jurisdiction over an amusement park shall not appoint or commission a person as a police officer for the amusement park under division (E) of section 4973.17 of the Revised Code on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the person previously has been convicted of or has pleaded guilty to a felony.
(2) The judge shall revoke the appointment or commission of a person appointed or commissioned as a police officer for an amusement park under division (E) of section 4973.17 of the Revised Code if that person does either of the following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the person agrees to surrender the certificate awarded to that person under section 109.77 of the Revised Code.
(3) The judge shall suspend the appointment or commission of a person appointed or commissioned as a police officer for an amusement park under division (E) of section 4973.17 of the Revised Code if that person is convicted, after trial, of a felony. If the person files an appeal from that conviction and that conviction is upheld by the highest court to which the appeal is taken or if the person does not file a timely appeal, the judge shall revoke the appointment or commission of that person as a police officer for an amusement park. 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 judge shall reinstate the appointment or commission of that person as a police officer for an amusement park. A person whose appointment or commission is reinstated under division (C)(3) of this section shall not receive any back pay unless that person's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the person of a felony.
(4) Division (C) of this section does not apply regarding an offense that was committed prior to January 1, 1997.
(5) The suspension or revocation of the appointment or commission of a person as a police officer for an amusement park under division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.
SECTION 2. That existing sections 109.71, 109.73, 109.79, 4973.17, and 4973.171 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
Sub. H.B. 545 and H.B. 675 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 composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
SECTION 4. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that it is crucial that the appointment and commissioning of amusement park police officers that is authorized under this act, and the protections that will be afforded by the officers so appointed and commissioned, be available to the parks and their patrons by the time of the parks' opening in the spring of 2005. Therefore, this act shall go into immediate effect.
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