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Sub. S. B. No. 222 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Padgett, Cafaro, Mumper, Goodman, Smith, Schaffer, Buehrer, Grendell, Kearney, Sawyer, Spada, Wagoner, Harris, Stivers
A BILL
To amend section 109.73 and to
enact section 1731.65
of the Revised Code to require the Peace Officer
Training Commission to
develop recommendations
for advanced in-service training of peace
officers in conducting law enforcement activities
in a higher education setting and to provide
qualified immunity to an officer or employee of a
private college or university who reports a
potential safety risk at the college or
university.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.73 be
amended and section
1713.65 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; 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 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 the handling of missing children and child abuse and
neglect cases, and in the conduct of law enforcement activities in
a higher education setting, 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. 1713.65. (A) Except as provided in division (B) of this
section, an officer or employee of an institution of higher
education that holds a certificate of authorization issued under
this chapter is not liable in damages for injury, death, or loss
to person or property that arises from the officer's or employee's
reporting a potential safety risk at the institution of higher
education.
(B) Division (A) of this section does not apply to an officer
or employee who acts with malicious purpose, in bad faith, or in a
wanton or reckless manner.
(C) This section does not affect any immunities from or
defenses to tort liability to which the officer or employee may be
entitled and that are established by another section of the
Revised Code or available at common law.
Section 2. That existing section 109.73
of the Revised Code
is hereby repealed.
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