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S. B. No. 357 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 109.71 and 109.72 of the Revised
Code to add two members to the Ohio Peace Officer
Training Commission to represent the Fraternal
Order of Police and the Ohio Campus Law
Enforcement Association.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71 and 109.72 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 eleven 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; one member to
represent the fraternal order of police; one member to represent
the Ohio campus law enforcement association; and one member
from
the department of education, trade and industrial
education
services, law enforcement training.
This section does not confer any arrest authority or any
ability or authority to detain a person, write or issue any
citation, or provide any disposition alternative, as granted under
Chapter 2935. of the Revised Code.
As used in sections 109.71 to 109.801 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 secretary of state 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
secretary of state 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 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;
(21) A police officer who is employed by a bank, savings and
loan association, savings bank, credit union, or association of
banks, savings and loan associations, savings banks, or credit
unions, who has been appointed and commissioned by the secretary
of state pursuant to sections 4973.17 to 4973.22 of the Revised
Code, 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 a state, county,
municipal, or department of natural resources peace officer basic
training program;
(22) An investigator, as defined in section 109.541 of the
Revised Code, of the bureau of criminal identification and
investigation who is commissioned by the superintendent of the
bureau as a special agent for the purpose of assisting law
enforcement officers or providing emergency assistance to peace
officers pursuant to authority granted under that section.
(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. 109.72. Ohio peace officer training commission member
terms shall be for three years, commencing on the twentieth day
of
September and ending on the nineteenth day of September. Each
member shall hold office from the date of appointment until
the
end of the term to which the member was appointed. Any member
appointed to fill a vacancy occurring prior to the expiration of
the term for which the member's predecessor was appointed shall
hold
office for the remainder of such term. Any member shall
continue
in office subsequent to the expiration date of the
member's
term until the member's
successor takes office, or until
a period of sixty days has
elapsed, whichever occurs first. An
interim chairperson shall be
appointed by the governor until such
time as the
commission elects a permanent chairperson.
Any member of the commission appointed pursuant to section
109.71 of the Revised Code as an incumbent sheriff, incumbent
chief of police, representative of the state highway patrol,
state
department of education, federal bureau of investigation,
and
bureau of criminal identification and investigation, shall
immediately, upon termination of holding such office, cease
to be
a member of the commission, and a successor shall be appointed.
The commission shall meet at least four times each year.
Special meetings may be called by the chairperson and
shall be
called by the chairperson at the request of the attorney
general
or upon the
written request of five members of the commission. The
commission may establish its own requirements as to quorum and its
own
procedures with respect to the conduct of its meetings and
other
affairs; provided, that all recommendations by the
commission to the
attorney general pursuant to section 109.74 of
the Revised Code
shall require the affirmative vote of five six
members of the
commission.
Membership on the commission does not constitute the holding
of an office, and members of the commission shall not be required
to
take and file oaths of office before serving on the commission.
The
commission shall not exercise any portion of the sovereign
power of
the state.
The members of the commission shall receive no compensation
for their services but shall be allowed their actual and
necessary
expenses incurred in the performance of their duties.
No member of the commission shall be disqualified from
holding
any public office or employment, nor shall the member
forfeit any such
office or employment, by reason of appointment to
the
commission, notwithstanding any general, special, or local
law,
ordinance, or city charter to the contrary.
Section 2. That existing sections 109.71 and 109.72 of the
Revised Code are hereby repealed.
Section 3. One of the additional members required to be
appointed to the Ohio Peace Officer Training Commission by section
109.71 of the Revised Code as amended by this act shall be
appointed to a term ending September 19, 2009, and the other
additional member shall be appointed to a term ending September
19, 2010. Thereafter, terms of office shall be for three years.
Section 4. 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. 347 and Sub. H.B. 454 of
the 126th General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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