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H. B. No. 611 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 109.572, 737.051, and 737.161 of
the Revised Code to require a criminal records
check of a person before appointment as an
auxiliary police officer of a municipal
corporation and to establish qualifications for
auxiliary police officers of municipal
corporations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 737.051, and 737.161 of the
Revised Code be amended to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39
of the Revised
Code, a completed form prescribed
pursuant to
division (C)(1) of
this section, and a set of
fingerprint
impressions obtained in
the manner described in
division (C)(2) of
this section, the
superintendent of the bureau
of criminal
identification and
investigation shall conduct a
criminal records
check in the
manner described in division (B) of
this section to
determine
whether any information exists that
indicates that the
person
who is the subject of the request
previously has been
convicted
of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a
violation of section 2905.04 of the
Revised Code as it existed
prior to July 1, 1996, a violation of
section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised Code
that is not a minor drug
possession offense, two or more OVI or
OVUAC violations
committed within the three years immediately
preceding the
submission of the application or petition that is
the basis of the
request, or felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt
of a request
pursuant to section 5104.012
or 5104.013 of the
Revised Code, a completed
form prescribed
pursuant to division
(C)(1) of this section, and a
set of
fingerprint impressions
obtained in the manner described in
division (C)(2) of this
section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check in the manner described in division (B) of
this section to
determine whether any information exists that
indicates that the
person who is the subject of the request has
been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11,
2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section
2923.02 or 2923.03 of
the Revised Code that relates to a crime
specified in this
division,
or a second
violation of section 4511.19 of the
Revised Code
within five
years of the date of application for
licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) On receipt of a request pursuant to section 737.051 or
737.161 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or has pleaded guilty to any felony under an existing
or former law of this state, any other state, or the United
States.
(15) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or
(12), or (14) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the
person,
board, or
entity that made the request any information,
other than
information the dissemination of which is prohibited
by federal
law, the superintendent determines exists with respect
to the
person who is the subject of the request that indicates
that the
person previously has been convicted of or pleaded
guilty to any
offense listed or described in division (A)(1),
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12), or
(14) of this section, as
appropriate. The superintendent shall
send the person, board, or
entity that made the request a copy of
the list of offenses
specified in division (A)(1), (2), (3), (4),
(5), (6), (7), (8),
(9), (10), (11), or (12), or (14) of this
section, as appropriate. If the
request was made under section
3701.881 of the Revised Code with
regard to an applicant who may
be both responsible for the care,
custody, or control of a child
and involved in providing direct
care to an older adult, the
superintendent shall provide a list of
the offenses specified in
divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
737.051, 737.161,
1322.03,
1322.031, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08,
4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4749.03,
4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05,
4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034,
5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as
follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be
reviewed any information the
superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 737.051, 737.161, 1322.03, 1322.031,
2151.86,
3301.32,
3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3722.151,
4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071,
4730.101, 4730.14, 4730.28, 4731.081,
4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531,
4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70,
4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 737.051, 737.161, 1322.03, 1322.031, 2151.86, 3301.32,
3301.541,
3319.39,
3701.881, 3712.09, 3721.121, 3722.151,
4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071,
4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10,
4749.03, 4749.06,
4755.70, 4757.101,
4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06,
4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the
Revised
Code. Any
person for whom a
records check is requested
under or required by any of
those
sections shall obtain the
fingerprint impressions at a
county
sheriff's office, municipal
police department, or any other
entity with the ability to make
fingerprint impressions on the
standard impression sheets
prescribed by the superintendent. The
office, department, or
entity may charge the person a reasonable
fee for making the
impressions. The standard impression sheets the
superintendent
prescribes pursuant to this division may be in a
tangible format,
in an electronic format, or in both tangible and
electronic
formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 737.051, 737.161, 1322.03,
1322.031, 2151.86,
3301.32, 3301.541,
3319.39, 3701.881,
3712.09, 3721.121,
3722.151, 4701.08, 4715.101, 4717.061,
4725.121,
4725.501,
4729.071, 4730.101,
4730.14, 4730.28,
4731.081,
4731.15,
4731.171, 4731.222, 4731.281,
4731.296,
4731.531,
4732.091,
4734.202, 4740.061, 4741.10, 4749.03,
4749.06,
4755.70,
4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031,
4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of
the Revised
Code. The
person making a
criminal records request
under
any of those sections shall pay
the
fee
prescribed
pursuant to this division. A
person
making
a
request
under
section 3701.881 of the Revised Code
for
a
criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay
one
fee for the
request. In
the
case of a request under
section
5111.032 of the
Revised
Code,
the fee shall be paid in
the
manner
specified in
that
section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12), or (A)(14)
of this
section, or that indicates that
a person previously has
been
convicted of or pleaded guilty to any
criminal offense in
this
state or any other state regarding a
criminal records check
of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 737.051. (A)(1) The legislative authority of a city may
establish, by ordinance, an auxiliary police unit within the
police department of the city, and provide for the regulation of
auxiliary police officers. The director of public safety shall
be
the executive head of the auxiliary police unit, shall make
all
appointments and removals of auxiliary police officers,
subject to
any general rules prescribed by the legislative
authority by
ordinance, and shall prescribe rules for the
organization,
training, administration, control, and conduct of
the auxiliary
police unit. Members of the auxiliary police unit
shall not be in
the classified service of the city.
(2) Before a director of public safety appoints a person as
an auxiliary police officer, the director shall request a criminal
records check of the person from the bureau of criminal
identification and investigation pursuant to section 109.572 of
the Revised Code and shall cause a polygraph examination to be
administered to the person. The director shall use the results of
the criminal records check and the polygraph examination to assist
in determining whether the person qualifies to be an auxiliary
police officer.
(3) No person shall be appointed an auxiliary police officer
unless the director of public safety and the chief of police
approve the appointment and the person meets all of the following
criteria:
(a) The person is at least twenty-one years of age, is a
citizen of the United States, and resides in the county in which
the city is located or an adjoining county.
(b) The person has a high school or general educational
development diploma and has passed a civil service examination for
police officers.
(c) The person holds a valid driver's license issued under
Chapter 4507. of the Revised Code.
(d) The person has distant binocular acuity of at least 20/20
(Snellen test) in both eyes with or without corrective lenses and
distant visual acuity of at least 20/125 (Snellen test) in each
eye without corrective lenses, is in good physical health as
evidenced by the results of a medical examination that includes
but is not limited to a stress test, a hearing test, and a drug
test, and is in good mental health as evidenced by the results of
a psychological evaluation.
(e) The person has not been convicted of or pleaded guilty to
a felony.
(f) The person is of good character, has a good reputation in
the community, and possesses judgment, tact, and initiative
commensurate with the position of auxiliary police officer, as
determined by the director of public safety.
(4) A person who is appointed as an auxiliary police officer
shall, while on duty, wear a uniform that bears distinctive words
or insignia clearly indicating that the person is an auxiliary
officer and not a regular member of the police force.
(5) Before undertaking official duties, an auxiliary police
officer shall take an oath of office.
(B)(1) The legislative authority of a city may establish,
by
ordinance, a parking enforcement unit within the police
department
of the city, and provide for the regulation of parking
enforcement
officers. The director of public safety shall be the
executive
head of the parking enforcement unit, shall make all
appointments
and removals of parking enforcement officers,
subject to any
general rules prescribed by the legislative
authority by
ordinance, and shall prescribe rules for the
organization,
training, administration, control, and conduct of
the parking
enforcement unit. The director may appoint parking
enforcement
officers who agree to serve for nominal compensation,
and persons
with physical disabilities may receive appointments
as parking
enforcement officers.
(2) The authority of the parking enforcement officers
shall
be limited to the enforcement of ordinances governing
parking in
handicapped parking locations and fire lanes and any
other parking
ordinances specified in the ordinance creating the
parking
enforcement unit. Parking enforcement officers shall
have no other
powers.
(3) The training the parking enforcement officers shall
receive shall include instruction in general administrative rules
and procedures governing the parking enforcement unit, the role
of
the judicial system as it relates to parking regulation and
enforcement, proper techniques and methods relating to the
enforcement of parking ordinances, human interaction skills, and
first aid.
Sec. 737.161. (A)(1) The legislative authority of a village
may establish, by ordinance, an auxiliary police unit within the
police department of the village, and provide for the regulation
of auxiliary police officers. The mayor shall be the executive
head of the auxiliary police unit, shall make all appointments
and
removals of auxiliary police officers, subject to any general
rules prescribed by the legislative authority by ordinance, and
shall prescribe rules for the organization, training,
administration, control, and conduct of the auxiliary police
unit.
The village marshal shall have exclusive control of the
stationing
and transferring of all auxiliary police officers,
under such
general rules as the mayor prescribes.
(2) Before a mayor appoints a person as an auxiliary police
officer, the mayor shall request a criminal records check of the
person from the bureau of criminal identification and
investigation pursuant to section 109.572 of the Revised Code and
shall cause a polygraph examination to be administered to the
person. The results of the criminal records check and the
polygraph examination shall be used to assist in determining
whether the person qualifies to be an auxiliary police officer.
(3) No person shall be appointed an auxiliary police officer
unless the mayor and the village marshal approve the appointment
and the person meets all of the following criteria:
(a) The person is at least twenty-one years of age, is a
citizen of the United States, and resides in the county in which
the village is located or an adjoining county.
(b) The person has a high school or general educational
development diploma and has passed a civil service examination for
police officers.
(c) The person holds a valid driver's license issued under
Chapter 4507. of the Revised Code.
(d) The person has distant binocular acuity of at least 20/20
(Snellen test) in both eyes with or without corrective lenses and
distant visual acuity of at least 20/125 (Snellen test) in each
eye without corrective lenses, is in good physical health as
evidenced by the results of a medical examination that includes
but is not limited to a stress test, a hearing test, and a drug
test, and is in good mental health as evidenced by the results of
a psychological evaluation.
(e) The person has not been convicted of or pleaded guilty to
a felony.
(f) The person is of good character, has a good reputation in
the community, and possesses judgment, tact, and initiative
commensurate with the position of auxiliary police officer, as
determined by the mayor.
(4) A person who is appointed as an auxiliary police officer
shall, while on duty, wear a uniform that bears distinctive words
or insignia clearly indicating that the person is an auxiliary
officer and not a regular member of the police force.
(5) Before undertaking official duties, an auxiliary police
officer shall take an oath of office.
(B)(1) The legislative authority of a village may
establish,
by ordinance, a parking enforcement unit within the
police
department of the village, and provide for the regulation
of
parking enforcement officers. The mayor shall be the
executive
head of the parking enforcement unit, shall make all
appointments
and removals of parking enforcement officers,
subject to any
general rules prescribed by the legislative
authority by
ordinance, and shall prescribe rules for the
organization,
training, administration, control, and conduct of
the parking
enforcement unit. The mayor may appoint parking
enforcement
officers who agree to serve for nominal compensation,
and persons
with physical disabilities may receive appointments
as parking
enforcement officers.
(2) The authority of the parking enforcement officers
shall
be limited to the enforcement of ordinances governing
parking in
handicapped parking locations and fire lanes and any
other parking
ordinances specified in the ordinance creating the
parking
enforcement unit. Parking enforcement officers shall
have no other
powers.
(3) The training the parking enforcement officers shall
receive shall include instruction in general administrative rules
and procedures governing the parking enforcement unit, the role
of
the judicial system as it relates to parking regulation and
enforcement, proper techniques and methods relating to the
enforcement of parking ordinances, human interaction skills, and
first aid.
Section 2. That existing sections 109.572, 737.051, and
737.161 of the Revised Code are hereby repealed.
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