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H. B. No. 614 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Otterman, J.
Cosponsors:
Representatives Williams, B., Yuko, Strahorn, Ujvagi, Celeste, Chandler, Foley, Fende
A BILL
To amend sections 109.73 and 109.79 and to enact
section 109.745 of the Revised Code to require
peace officer basic training programs to include
training regarding persons with autism or other
developmental disabilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73 and 109.79 be amended and
section 109.745 of the Revised Code be enacted to read as follows:
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; a minimum of three hours of training that
addresses how to identify and interact with persons with autism or
other developmental disabilities, how to reduce barriers to
reporting crimes committed by or against persons with autism or
other developmental disabilities, and the unique challenges
presented by cases involving offenders, victims, or witnesses with
autism or other developmental disabilities; 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 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 minimum of three
hours of training that addresses how to identify and interact with
persons with autism or other developmental disabilities, how to
reduce barriers to reporting crimes committed by or against
persons with autism or other developmental disabilities, and the
unique challenges presented by cases involving offenders, victims,
or witnesses with autism or other developmental disabilities; 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 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 identifying and interacting with persons with autism or
other developmental disabilities and any other topics relevant to
law enforcement regarding persons with autism or other
developmental disabilities; 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; who are appointed and
commissioned as
bank, savings and loan association, savings bank, credit union, or
association of banks, savings and loan associations, savings
banks, or credit unions police officers,
as railroad police
officers, or as 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; bank, savings and loan association,
savings bank, credit union, or association of banks, savings and
loan associations, savings banks, or credit unions;
railroad
company; 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 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
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. 109.745. The attorney general shall adopt, in accordance
with Chapter 119. of the Revised Code or pursuant to section
109.74 of the Revised Code, rules governing the training of peace
officers regarding identifying and interacting with persons with
autism or other developmental disabilities, reducing barriers to
reporting crimes committed by or against persons with autism or
other developmental disabilities, and addressing the unique
challenges presented by cases involving offenders, victims, or
witnesses with autism or other developmental disabilities. The
rules shall specify three or more hours of training of that nature
for the satisfactory completion of basic training programs at
approved peace officer training schools, other than the Ohio peace
officer training academy.
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; and a minimum of three hours of training that
addresses how to identify and interact with persons with autism or
other developmental disabilities, how to reduce barriers to
reporting crimes committed by or against persons with autism or
other developmental disabilities, and the unique challenges
presented by cases involving offenders, victims, or witnesses with
autism or other developmental disabilities.
The Ohio peace officer training commission 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 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, from gifts or grants received for that
purpose, or from
fees for goods related to the academy.
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 bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions, or hospital police
officers appointed and commissioned by the secretary of state
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; bank, savings and loan association, savings
bank, credit union, or association of banks, savings and loan
associations, savings banks, or credit unions;
railroad company;
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; bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions; railroad company;
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 bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions peace officers; the
railroad
company's peace officers; or the peace officers of the
qualified
nonprofit corporation police department, campus police
department, 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.
Section 2. That existing sections 109.73 and 109.79 of the
Revised Code are hereby repealed.
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