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H. B. No. 153 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Williams, B., Luckie, Hagan, Domenick, Evans, Letson
A BILL
To amend sections 109.71, 109.73, and 109.77 and to
enact sections 6119.60, 6119.61, 6119.62, 6119.63,
and 6119.64 of the Revised Code to authorize
regional water and sewer districts to establish
police departments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.71, 109.73, and 109.77 be
amended and sections 6119.60, 6119.61, 6119.62, 6119.63, and
6119.64 of the Revised Code be enacted 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.
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;
(23) A state fire marshal law enforcement officer appointed
under section 3737.22 of the Revised Code or a person serving as a
state fire marshal law enforcement officer on a permanent basis on
or after July 1, 1982, 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;
(24) A police officer of a police department of a regional
water and sewer district who is appointed under section 6119.63 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 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 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 members of a regional water and
sewer district police department appointed under section 6119.63
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; regional water and sewer district 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. 109.77. (A) As used in this section, "felony" has the
same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or
charter to the contrary, and except as otherwise
provided in this
section, no person shall receive an original
appointment on a
permanent basis as any of the following unless
the person
previously 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:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) 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;
(g) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(h) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code;
(i) A special police officer employed by a municipal
corporation 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;
(j) A police officer of a police department of a regional
water and sewer district who is appointed under section 6119.63 of
the Revised Code.
(2) Every person who is appointed on a temporary basis or
for
a probationary term or on other than a permanent basis as any
of
the following shall forfeit the appointed position unless
the
person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace
officer basic training program for temporary or
probationary
officers and is awarded a certificate by the
director attesting to
the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) 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;
(f) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(g) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code;
(h) A special police officer employed by a municipal
corporation 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;
(i) A police officer of a police department of a regional
water and sewer district who is appointed under section 6119.63 of
the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least 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 and at least six hours of crisis
intervention training. The requirement to complete 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 does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the
same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated
with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person
serving on a permanent basis on March 28, 1985, as a park
officer,
forest officer, preserve officer, wildlife officer, or
state
watercraft officer of the department of natural resources
or
as an
employee of a park district under section 511.232 or
1545.13
of
the Revised Code, to any person serving on a permanent
basis on
March 6, 1986, as an employee of a conservancy district
designated
pursuant to section 6101.75 of the Revised Code, to
any person
serving on a permanent basis on January 10, 1991, as a
preserve
officer of the department of natural resources, to
any person
employed on a permanent basis on July 2, 1992, as a
special police
officer by the
department of mental health pursuant to section
5119.14 of the
Revised Code or by the department of mental
retardation and
developmental disabilities pursuant to section
5123.13 of the
Revised Code, to any person serving on a permanent
basis on
May 17, 2000, as a
special
police officer employed by a
port authority under section
4582.04 or 4582.28
of the Revised
Code,
to any person serving on a
permanent basis on the effective
date of this amendment March 19, 2003, as a
special police officer
employed by a municipal corporation at a
municipal airport or
other municipal air navigation facility
described in division
(A)(19) of section 109.71 of the Revised
Code, to any person
serving on a permanent basis on
June 19, 1978,
as a state
university law enforcement officer pursuant
to section
3345.04 of
the Revised Code and who, immediately prior to June 19,
1978, was
serving as a special police officer
designated under
authority of
that section, or to any person serving
on a permanent
basis on
September 20, 1984, as a liquor control
investigator,
known after
June 30, 1999, as an enforcement agent of
the
department of public
safety, engaged in the enforcement of
Chapters 4301. and 4303. of
the Revised Code.
(5) Division (B) of this section does not apply to any
person
who is appointed as a regional transit authority police
officer
pursuant to division (Y) of section 306.35 of the Revised
Code if,
on or
before July 1, 1996, the person has completed
satisfactorily
an approved
state, county, municipal, or department
of natural
resources peace officer
basic training program and has
been
awarded a certificate by the executive
director of the Ohio
peace
officer training commission attesting to the
person's
satisfactory
completion of such an approved program and if, on
July 1, 1996,
the person is performing peace officer functions for
a
regional
transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as a veterans'
home
police
officer
designated under section
5907.02 of the
Revised
Code unless the person previously 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
police officer basic training program.
Every person who
is appointed
on
a temporary basis or for a
probationary term or on
other than a
permanent basis as a
veterans' home police officer
designated under section 5907.02 of
the Revised Code shall
forfeit
that position unless the person
previously has
completed
satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved
police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this
state and no criminal investigator who is employed by the
state
public defender shall carry a firearm, as defined in
section
2923.11 of the Revised Code, while on duty unless the
bailiff,
deputy bailiff, or criminal investigator has
done or received one
of the following:
(1) Has been awarded a certificate by the executive director
of the Ohio
peace officer training commission, which certificate
attests to
satisfactory completion of an approved state, county,
or
municipal basic training program for bailiffs and deputy
bailiffs
of courts of record and for criminal investigators
employed by
the state public defender that has been recommended by
the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program
approved by the Ohio peace officer training
commission prior to
employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm
by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender
and has received
training in the use of firearms that the Ohio
peace officer training
commission determines is equivalent to the
training that
otherwise is required by division (D) of this
section.
(E)(1)
Before a person seeking a
certificate
completes an
approved peace
officer basic training program, the executive
director of
the Ohio
peace officer training commission shall
request the
person
to disclose, and
the person shall
disclose, any
previous criminal conviction of or
plea of guilty of
that person
to a felony.
(2)
Before a person seeking a certificate
completes an
approved peace officer basic training
program, the
executive
director shall
request
a criminal history records check on the
person.
The
executive director shall submit the person's
fingerprints to the
bureau of criminal identification and
investigation, which shall
submit the fingerprints to the federal
bureau of investigation for
a national criminal history records
check.
Upon receipt of the
executive director's request, the bureau
of criminal identification and investigation and the
federal
bureau of investigation shall conduct a criminal history
records
check on the person and, upon completion of the check,
shall
provide a copy of the criminal history records
check to the
executive director. The
executive director shall not award any
certificate prescribed in
this section
unless the executive
director has received a copy of
the criminal history
records check
on the person to whom the
certificate is to be awarded.
(3) The executive director of the commission shall not award
a certificate
prescribed in this section to a person who has been
convicted of or has
pleaded guilty to a felony or who fails to
disclose any
previous criminal conviction of or plea of guilty to
a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke
the
certificate
awarded to a person as prescribed in this section,
and
that
person shall forfeit all of the benefits derived from
being
certified as a peace officer under this section, if the
person,
before completion of
an approved peace officer basic training
program, failed to
disclose any
previous criminal conviction of or
plea of guilty to
a
felony as required under division (E)(1)
of
this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to,
on, or after
October 16,
1996,
the
executive director of the
Ohio
peace officer training commission shall revoke any
certificate
that has been awarded to a person as prescribed in
this section if
the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January
1, 1997;
(b) Pleads guilty to a misdemeanor
committed on or after
January 1, 1997, 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
the person under this
section.
(2) The executive director of the commission shall suspend
any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony
committed on or after January 1,
1997. The executive director
shall suspend the certificate
pursuant to division (F)(2) of this
section
pending the outcome of an appeal by the
person from that
conviction to the
highest court to which the appeal is taken or
until the
expiration of the period in which an appeal is required
to be
filed. 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
executive
director shall reinstate the certificate awarded to the
person
under this section. If the person files an appeal from
that
person's
conviction of the felony 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 executive director
shall
revoke
the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this
section and the certificate is revoked pursuant to division
(E)(4)
or
(F) of this section, the person shall not be eligible to
receive, at
any time, a certificate attesting to the person's
satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under
division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January
1, 1966, and who has completed at least sixteen years of
full-time
active service as such a peace officer may receive an
original
appointment on a permanent basis and serve as a peace
officer of a
county, township, or municipal corporation, or as a
state
university law enforcement officer, without complying with
the
requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on
a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in
the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the
time
prescribed by rules adopted by the attorney general pursuant
to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic
training program for bailiffs and deputy bailiffs of courts
of
record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the
peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police
department of a municipal corporation in an adjoining
state
serving in this state under a contract pursuant to section
737.04
of the Revised Code.
Sec. 6119.60. As used in sections 6119.60 to 6119.64 of the
Revised Code:
(A) "Authorizing agreement" means the written agreement
entered into between a regional water and sewer district and a
political subdivision under section 6119.62 of the Revised Code
for the provision of police services within the political
subdivision by the police department of the regional water and
sewer district.
(B) "Felony" has the same meaning as in section 109.511 of
the Revised Code.
(C) "Political subdivision" means a county, township, or
municipal corporation.
Sec. 6119.61. Subject to the requirements and limitations
established in sections 6119.60 to 6119.64 of the Revised Code,
the board of trustees of a regional water and sewer district may
establish a police department to provide police services within or
at facilities that are owned, operated, or leased by the district
within one or more political subdivisions, provided that the
district has entered into an authorizing agreement with each
political subdivision within which it intends to provide police
services.
Sec. 6119.62. (A) A regional water and sewer district
seeking to establish a police department under sections 6119.60 to
6119.64 of the Revised Code shall enter into an authorizing
agreement with each political subdivision within which the
district intends to provide police services within or at
facilities that are owned, operated, or leased by the district.
Such an agreement shall be entered into with the chief of police
of the political subdivision by the board of trustees of the
district and shall apply only to that political subdivision. The
district shall enter into a separate authorizing agreement with
each political subdivision within which the police department of
the district will provide police services.
(B) An authorizing agreement may include, but is not limited
to, both of the following:
(1) An identification of the geographic territory within the
political subdivision in which the police department established
by the regional water and sewer district may provide police
services;
(2) Standards and criteria governing the interaction between
the police officers employed by the police department established
by the district and the law enforcement officers employed by the
political subdivision. The standards and criteria may include, but
are not limited to, either or both of the following:
(a) Provisions governing the reporting of offenses discovered
by the police officers employed by the district police department
to the police department of the political subdivision;
(b) Provisions governing the processing and confinement of
persons arrested by police officers employed by the district
police department.
(C) An authorizing agreement shall not require, or contain
any provision granting authority to, the chief of police or any
other officer, official, or employee of a political subdivision to
appoint, or to approve or disapprove the appointment of, a police
officer of a regional water and sewer district police department.
An authorizing agreement shall comply with any applicable
provisions of the Revised Code and with any charter, ordinance,
resolution, or regulation of the applicable political subdivision
that may apply to it.
Sec. 6119.63. (A) The board of trustees of a regional water
and sewer district that establishes a police department under
sections 6119.60 to 6119.64 of the Revised Code may appoint and
employ persons as police officers of the department. District
police officers shall have the power and duty to act as peace
officers within or at facilities that are owned, operated, or
leased by the district, to protect the regional water and sewer
district's property, to preserve the peace, and to enforce all
laws of the state and all charter provisions, ordinances,
resolutions, and regulations of political subdivisions with which
the district has authorizing agreements.
No person who is appointed and employed as a police officer
under this section shall engage in any duties or activities as a
police officer within a political subdivision unless both of the
following apply:
(1) The person successfully has completed a training program
approved by the Ohio peace officer training commission and has
been certified by the commission as having successfully completed
the training program, or the person previously has successfully
completed a police officer basic training program certified by the
commission and has been awarded a certificate to that effect by
the commission.
(2) The regional water and sewer district has entered into an
authorizing agreement with the chief of police of the political
subdivision.
(B) A person who is appointed and employed as a police
officer by a regional water and sewer district police department
under this section may act as a police officer only to the extent
and in the manner described in sections 6119.60 to 6119.64 of the
Revised Code and in rules of the district when directly engaged in
the discharge of that person's duties as a police officer for the
district. Before exercising powers of arrest and other powers and
duties of a peace officer, a regional water and sewer district
police officer shall take an oath and give bond to the state, in
an amount that the board of trustees of the district prescribes,
for the proper exercise of those powers.
(C)(1) The board of trustees of a regional water and sewer
district that establishes a police department shall not appoint a
person as a police officer of the department 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 board of trustees of a district shall terminate
the employment of a police officer of its police department if the
police officer 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 police officer agrees to surrender
the certificate awarded to the police officer under section 109.77
of the Revised Code.
(b) The board of trustees of a district shall suspend from
employment a police officer of its police department if the police
officer is convicted, after trial, of a felony. If the police
officer files an appeal from that conviction and the conviction is
upheld by the highest court to which the appeal is taken or if the
police officer does not file a timely appeal, the board shall
terminate the employment of the police officer. If the police
officer files an appeal that results in the police officer's
acquittal of the felony or conviction of a misdemeanor, or in the
dismissal of the felony charge against the police officer, the
board shall reinstate the police officer. A police officer who is
reinstated under division (B)(2)(b) of this section shall not
receive any back pay unless the police officer's conviction of the
felony was reversed on appeal, or the felony charge was dismissed,
because the court found insufficient evidence to convict the
police officer of the felony.
Sec. 6119.64. If a regional water and sewer district
establishes a police department under sections 6119.60 to 6119.64
of the Revised Code, the district, within the geographical
territory of a political subdivision with which the district has
entered into an authorizing agreement, concurrently with the
political subdivision shall preserve the peace, protect persons
and property, enforce the laws of the state, and enforce the
charter provisions, ordinances, resolutions, and regulations, as
applicable, of the political subdivision that apply within that
geographical territory. Except as limited by the terms of the
authorizing agreement, a police officer who is appointed and
employed by a police department established by a district and who
satisfies the requirement established in division (A)(1) of
section 6119.63 of the Revised Code is vested, while directly in
the discharge of that police officer's duties as a police officer,
with the same powers and authority as are vested in a police
officer of a political subdivision under Title XXIX of the Revised
Code and the Rules of Criminal Procedure and with the same powers
and authority, including the operation of a public safety vehicle,
as are vested in a police officer of a political subdivision under
Chapter 4511. of the Revised Code. In addition, a police officer
who is appointed and employed by a police department established
by a district may render emergency assistance to another peace
officer if there is a threat of imminent physical danger to the
peace officer, a threat of physical harm to another person, or any
other serious emergency situation and if either the peace officer
who is assisted requests emergency assistance or it appears that
the peace officer who is assisted is unable to request emergency
assistance and the circumstances observed by the regional water
and sewer district police officer reasonably indicate that
emergency assistance is appropriate.
Section 2. That existing sections 109.71, 109.73, and 109.77
of the Revised Code are hereby repealed.
Section 3. Section 109.77 of the Revised Code is presented
in
this act as a composite of the section as amended by Am. Sub.
H.B. 490, 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.
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