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H. B. No. 164 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Luckie, Pryor
A BILL
To amend sections 109.57, 109.71, 109.77, 145.01,
145.33, 2921.51, 2935.01, 2935.03, 2935.031, and
2935.24 and to enact section 3313.175 of the
Revised Code to authorize a board of education of
a school district or governing board of an
educational service center to employ public high
school law enforcement officers, to provide that
public high school law enforcement officers are
members of the Ohio Public Employees Retirement
System, to prohibit the impersonation of a public
high school law enforcement officer, and to
specify the powers of arrest and citation of
public high school law enforcement officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.71, 109.77, 145.01,
145.33, 2921.51, 2935.01, 2935.03, 2935.031, and 2935.24 be
amended and section 3313.175 of the Revised Code be enacted to
read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever
procurable and file
for record photographs, pictures,
descriptions, fingerprints,
measurements, and other information
that may be pertinent of
all persons who have been convicted of
committing within this state a
felony, any crime
constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a),
(A)(8)(a), or
(A)(10)(a) of section 109.572 of the Revised Code,
of all
children
under eighteen years of age who have been
adjudicated
delinquent
children for committing within this state
an act that would
be a
felony or
an offense of violence if
committed by an adult or who
have been
convicted of
or pleaded
guilty to committing within this
state a felony or an offense
of
violence, and of all
well-known
and habitual criminals. The
person
in charge of any
county,
multicounty, municipal,
municipal-county, or
multicounty-municipal
jail or workhouse,
community-based correctional
facility, halfway
house, alternative
residential facility, or
state correctional
institution and the
person in
charge of any state institution
having custody of a
person
suspected of having committed a felony,
any crime
constituting
a misdemeanor on the first offense and a
felony on
subsequent offenses,
or any misdemeanor described in
division
(A)(1)(a), (A)(8)(a), or (A)(10)(a)
of section 109.572 of the
Revised
Code or having custody of a child
under eighteen years of
age with
respect to whom there is
probable
cause to believe that
the child
may have committed an act that would
be a felony or
an
offense of
violence if committed by an adult shall furnish such
material
to
the superintendent of
the bureau. Fingerprints,
photographs, or
other
descriptive information of a child who is
under eighteen
years of age,
has not been arrested or otherwise
taken into
custody for committing an act
that would be a felony
or an offense
of
violence who is not in any other category of
child specified in this division, if committed by an adult, has
not
been adjudicated a
delinquent child for committing an act
that would be a felony or
an offense of violence
if committed by
an adult, has not been
convicted of
or pleaded guilty to
committing a
felony or an
offense of violence, and is not a child
with respect to whom there
is
probable cause to
believe that the
child may have committed an
act
that would be a felony or
an
offense of violence if committed
by an adult
shall not be
procured by the superintendent or
furnished by any
person in
charge of any
county, multicounty,
municipal, municipal-county,
or
multicounty-municipal jail or
workhouse, community-based
correctional
facility, halfway house,
alternative residential
facility, or
state correctional
institution, except as
authorized
in section 2151.313 of the
Revised Code.
(2) Every clerk of a
court of record in this state, other
than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary
of each case
involving a felony, involving any crime constituting
a
misdemeanor on the
first offense and a felony on subsequent
offenses, involving a misdemeanor
described in division (A)(1)(a),
(A)(8)(a),
or (A)(10)(a) of section 109.572
of the Revised Code,
or involving
an
adjudication in a case in which a child under
eighteen years of
age was
alleged to be a delinquent child
for
committing an act
that would be a
felony or an offense of
violence if committed by
an adult. The clerk
of the court of
common pleas shall include in
the report and summary the clerk
sends under this division all
information described in divisions
(A)(2)(a) to (f) of this
section
regarding a case before the
court of appeals that is
served by that
clerk. The summary shall
be written on the standard
forms
furnished by the
superintendent
pursuant to division (B) of
this section and shall
include the
following information:
(a) The incident tracking number contained on the standard
forms
furnished by the superintendent pursuant to division (B) of
this
section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty
to the offense, adjudicated a delinquent child for
committing the act that
would be
a felony or an
offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that
would be a
felony or an
offense of violence if committed
by an adult, the date of an entry
dismissing
the charge, an entry
declaring a mistrial of the offense in which the person
is
discharged, an entry finding that the person or child is not
competent to
stand trial, or an entry of a nolle prosequi, or the
date of any other
determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was
adjudicated a delinquent child, the sentence or
terms of
probation imposed or any other disposition of the
offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an
attempt to disarm a law enforcement officer, the
clerk shall
clearly state that fact in the summary, and the
superintendent shall ensure
that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in
the establishment of
a complete system of criminal identification
and in obtaining
fingerprints and other means of identification of
all persons
arrested on a charge of a felony, any crime
constituting a
misdemeanor on the first offense and a felony on
subsequent
offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and
of all children
under
eighteen years of age
arrested or otherwise
taken into custody for committing
an act
that would
be a felony or
an offense of violence if committed by
an adult.
The
superintendent also shall file for record the
fingerprint
impressions of all persons confined in a county,
multicounty,
municipal, municipal-county, or multicounty-municipal
jail or
workhouse,
community-based correctional facility, halfway
house,
alternative residential facility, or state correctional
institution for
the violation of state
laws and of all children
under
eighteen years of age who
are confined in a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, community-based
correctional facility, halfway
house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for
committing an act
that would be a felony or
an offense of violence
if committed by an adult, and any other
information
that the
superintendent may receive from law enforcement
officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to a sexually oriented offense
or a
child-victim oriented offense and with respect to all other duties
imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional
facility, halfway house, alternative residential
facility, or
state correctional institution and to every clerk of
a court in this
state specified in division (A)(2) of this
section
standard forms for reporting the information required
under
division (A) of this
section. The standard forms that the
superintendent prepares pursuant to
this division may be in a
tangible format, in an electronic format, or in both
tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated
delinquent children for committing an
act that would
be a felony or an offense of
violence if committed by an adult,
criminal activity, crime prevention,
law
enforcement,
and criminal
justice, and may establish and operate a statewide
communications
network to gather and disseminate information,
data, and
statistics for the use of law enforcement agencies and for other
uses specified in this division. The
superintendent may gather,
store, retrieve, and
disseminate information, data, and statistics
that pertain to children who are
under eighteen years of age and
that are gathered pursuant to sections 109.57
to 109.61 of the
Revised Code together with information, data, and
statistics that
pertain to adults and that are gathered pursuant to those
sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division
(C)(1)
of this section, the superintendent or the superintendent's
designee may provide and exchange the information, data, and
statistics pursuant to the national crime prevention and privacy
compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under
section
149.43 of the Revised Code. The superintendent or the
superintendent's designee shall gather and retain information so
furnished under division (A) of this section that pertains to the
offense and delinquency history of a person who has been convicted
of, pleaded guilty to, or been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense for the purposes described in division (C)(2) of this
section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure
by which a person may receive or release information
gathered by
the superintendent pursuant to
division (A) of this
section. A
reasonable fee may be charged for this service. If a
temporary
employment service submits a request for a determination
of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572
of the Revised Code, the request shall be treated as a
single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved
to be an agency for purposes of subchapter II of the
"Community
Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,
5104.013, 5123.081,
5126.28,
5126.281, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, or 3326.25
of the Revised Code, the board of
education
of any school
district; the director
of mental
retardation and
developmental
disabilities; any county
board of
mental retardation
and
developmental disabilities; any
entity
under contract with a
county board of mental retardation
and
developmental
disabilities; the chief administrator of any
chartered nonpublic
school; the chief administrator of any home
health agency;
the
chief administrator of or person operating any
child
day-care
center, type A family day-care home, or type B
family
day-care
home licensed or certified under Chapter 5104. of
the
Revised
Code; the administrator of any type C family day-care
home
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency;
the executive director of a public children services
agency; a private company described in section
3314.41, 3319.392,
or 3326.25 of the
Revised Code; or an employer described in
division (J)(2) of
section 3327.10 of the Revised Code
may
request that the
superintendent of the bureau
investigate and
determine, with
respect to any individual who has
applied for
employment in any
position after October 2, 1989, or
any
individual
wishing to
apply for employment with a board of
education may
request, with
regard to the
individual, whether the
bureau has any
information
gathered under division (A) of this
section that
pertains to that
individual. On receipt of the
request, the
superintendent shall
determine whether that
information
exists
and, upon request of
the person, board, or
entity requesting
information, also shall
request from the
federal
bureau of
investigation any criminal
records it has
pertaining
to
that
individual. The superintendent
or the
superintendent's
designee also 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. Within thirty days
of the
date that the
superintendent
receives a
request, the
superintendent shall send
to the board, entity, or
person a
report of any information that
the superintendent
determines
exists,
including information
contained in records that have been
sealed
under section 2953.32
of the Revised Code, and, within
thirty
days of its receipt, shall
send the board, entity, or
person a
report of any information
received from the federal
bureau of investigation, other than
information the dissemination
of which is prohibited by federal
law.
(b) When a board of education is required to receive
information
under this section as a prerequisite to employment of
an
individual pursuant to section 3319.39 of the Revised Code,
except for employment of an individual as a public high school law
enforcement officer under section 3313.175 of the Revised Code, it
may accept a
certified copy of records that were issued
by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the
board shall accept the certified copy issued by the
bureau in order to make a
photocopy of it for that individual's
employment application documents and
shall return the certified
copy to the individual. In a case of that nature,
a district only
shall
accept a certified copy of records of that nature within one
year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this
section, and the
superintendent of the bureau shall proceed as if
the request has
been received from a school district board of
education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request
for information under section 3319.291
of the Revised Code, the
superintendent shall proceed as if the
request has been received
from a school district board of
education under division (F)(2) of
this section.
(5) When a recipient of a classroom
reading
improvement grant
paid under section 3301.86 of the Revised
Code
requests, with
respect to any individual who applies to participate in
providing
any program or service
funded in whole or in
part by the grant,
the information that a school district board of
education is
authorized to request under division
(F)(2)(a) of
this section,
the superintendent of the bureau shall proceed as if the
request
has been
received from a school district board of education under
division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is
required to be made under section 3701.881,
3712.09,
3721.121, or
3722.151 of the Revised
Code with respect to an individual who has
applied for employment in
a position that involves providing
direct care to an older adult, the chief
administrator of a home
health agency,
hospice care program, home licensed under Chapter
3721.
of the Revised Code, adult day-care program
operated
pursuant to rules adopted under section 3721.04 of the
Revised
Code, or adult care facility
may request that the superintendent
of the bureau
investigate and determine, with respect to any
individual who has
applied after
January 27, 1997, for employment
in a position that
does not involve providing
direct care to an
older adult, whether the bureau has any information
gathered under
division (A) of this section that pertains
to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall
also request from the federal bureau of investigation any
criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also 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. Within
thirty days of the
date a request is received, the superintendent
shall send to the
requester a report of any
information determined to exist,
including information contained
in records that have been sealed
under section 2953.32 of the
Revised Code, and, within thirty days
of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential
and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or
(G) of this section.
(J) As used in this section, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
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 public high school law enforcement officer employed
under section 3313.175 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. 109.77. (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 public high school law enforcement officer.
(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.
(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. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015
of
the Revised
Code to remain a contributing member of the public
employees retirement
system.
In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient.
(C) "Head of the department" means the elective or
appointive
head of the
several executive, judicial, and
administrative
departments, institutions,
boards, and commissions
of the state
and local government as the same are
created and
defined by the
laws of this state or, in case of a charter
government, by that
charter.
(D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code.
If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system.
If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows:
First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a
PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying
the
service credit requirement and of determining
eligibility for
benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36,
and 145.361 of the Revised
Code, "five or more
years of total
service credit" means sixty or more
calendar months
of
contributing service in this system.
(2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve
months.
(5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on
account
of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a
disability benefit.
(O) "Age and service retirement" means retirement as
provided
in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of
the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary"
includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under
section
507.09 of the
Revised Code, paid as sole compensation for
personal
services and fees and
commissions for special services
over and
above services for which the
contributor receives a
salary;
(b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development;
(e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised
Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general
assembly, Section 3 of Amended
Substitute Senate Bill
No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to
a
member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code.
(X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an
office,
the term of
which is two or more years, for which an
annual salary
is established, and in
the event that the salary of
the office is
increased and the member is denied
the additional
salary by reason
of any constitutional provision prohibiting an
increase in salary
during a term of office, the member may elect
to have the
amount
of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the
board shall
compute the total additional amount the
member would
have contributed, or the
amount by which each of the
member's
contributions would have increased, had
the member
received the
increased salary for the office the member holds. If
the member
elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall
notify the
employer, and the employer
shall make the withholding
and transmit it to the
retirement
system. A member who has not
elected to have that amount withheld
may elect at any time to make
a payment to the retirement system
equal to the
additional amount
the member's contribution would
have increased, plus
interest on
that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last
contribution would have
been withheld from
the member's salary to
the date of payment. A member may
make a
payment for part of the
period for which the increased
contribution was
not withheld, in
which case the interest shall be
computed from the date the
last
contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions
as provided
in this
division, the increased annual salary as
provided by law for the
office for the period for which the member
paid increased
contributions
thereon shall be used in determining
the member's
earnable salary for the
purpose of computing the
member's final
average salary.
(Z) "Five years of service credit," for the exclusive
purpose
of satisfying
the service credit requirements and of
determining
eligibility for benefits
under section 145.33 of the
Revised Code,
means employment covered under this
chapter or under
a former
retirement plan operated, recognized, or endorsed by
the
employer
prior to coverage under this chapter or under a
combination of
the
coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state.
(BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full-time as a narcotics agent by a county
narcotics agency
created pursuant to section 307.15 of the Revised
Code and has received a
certificate attesting to the satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as
defined
in section
109.79 of the Revised Code and is in compliance
with
section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee
of
the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time, is in
compliance with section 109.77 of the
Revised Code, and is not a member of the
Ohio police and fire
pension fund.
(NN) "Veterans' home police officer" means
any
person
who is
employed at
a veterans' home as a
police officer
pursuant to
section 5907.02 of the
Revised Code and
is in
compliance with
section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution"
means any
person who is designated as such pursuant
to section
5119.14 of the Revised
Code and is in compliance with
section
109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code.
(RR)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code.
(VV) "Municipal public safety director" means a person who
serves full-time full time as the public safety director of a
municipal corporation with the duty of directing the activities of
the municipal corporation's police department and fire department.
(WW) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, municipal public safety
director, department of public
safety
enforcement agent, natural
resources law enforcement staff
officer,
park officer, forest
officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district
officer,
veterans' home police officer,
special police officer for
a mental health
institution, special
police officer for an
institution for the mentally
retarded and
developmentally
disabled, state university law enforcement
officer,
public high
school law enforcement officer, municipal
police officer,
house
sergeant at arms,
assistant house
sergeant
at arms, regional
transit authority
police officer, or
state highway patrol police
officer.
(XX)
"Hamilton county municipal court
bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under
division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer basic training
described in
division (D)(1) of section 109.77 of the Revised
Code,
and whose
primary duties are to preserve the peace, to
protect
life and
property, and to
enforce the laws of this state.
(YY) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration
of the system.
(ZZ) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
(AAA) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(BBB) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
(CCC) "Public high school law enforcement officer" means any
person who is employed fulltime as a public high school law
enforcement officer pursuant to section 3313.175 of the Revised
Code and who is in compliance with section 109.77 of the Revised
Code.
Sec. 145.33. (A) Except as provided in division (B)
or
(C)
of
this section, a member with at least five years of
total
service
credit who has attained age sixty, or who has thirty
years
of total Ohio service credit, may apply for age and service
retirement, which shall consist of:
(1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(2) A pension equal to the annuity provided by division
(A)(1) of this section;
(3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit;
(4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension
shall not exceed the sum of the annual benefits provided
by
divisions (A)(1), (2), and (3) of this section.
(5) When a member retires on age and service retirement,
the
member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this
section, shall be not less than a base amount adjusted in
accordance with division (A)(5) of this section
and determined by
multiplying the
member's total service credit by the greater of
the following:
(b) Two and two-tenths per cent of the member's final
average
salary
for each of the first thirty years of service plus
two and
one-half per cent of the member's final average salary for
each
subsequent year of service.
The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
|
|
Years of |
|
Percentage |
Attained |
or |
Total Service |
|
of |
Birthday |
|
Credit |
|
Base Amount |
58 |
|
25 |
|
75 |
59 |
|
26 |
|
80 |
60 |
|
27 |
|
85 |
61 |
|
|
|
88 |
|
|
28 |
|
90 |
62 |
|
|
|
91 |
63 |
|
|
|
94 |
|
|
29 |
|
95 |
64 |
|
|
|
97 |
65 |
|
30 or more |
|
100 |
Members shall vest the right to a benefit in accordance
with
the following schedule, based on the member's attained age
by
September 1, 1976:
|
|
|
Percentage |
|
Attained |
|
of |
|
Birthday |
|
Base Amount |
|
66 |
|
102 |
|
67 |
|
104 |
|
68 |
|
106 |
|
69 |
|
108 |
|
70 or more |
|
110 |
(6) The total annual single lifetime allowance that a
member
shall receive under division (A)(5) of this section shall
not
exceed the lesser of one hundred per cent of the
member's final
average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
(B)(1) For the purposes of divisions (B) to
(G) of
this
section,
"total service credit as a
PERS law enforcement officer"
and "total service credit as a PERS public safety officer" include
credit for military
service to the extent
permitted by
division
(E)(2) of this section
and credit for
service as a police
officer
or state
highway patrol
trooper to the
extent permitted by
divisions
(E)(3)
and (4) of
this
section.
(2) A member who meets the conditions in division
(B)(2)(a),
(b), or
(c) of
this section may apply for an age and
service
retirement benefit under this
division:
(a)
The member has attained age
forty-eight and has at least
twenty-five years of
total service
credit as
a
PERS
law
enforcement officer;
(b)
The member has attained age
fifty-two, and has at
least
twenty-five years of total service
credit
as a
PERS public safety
officer or has service
as a PERS public safety officer and
service as a PERS law
enforcement officer that when combined
equal at least twenty-five
years of total service credit;
(c)
The member has attained age sixty-two and has at
least
fifteen years of total
service credit as
either of the
following:
(i) A PERS
law
enforcement officer;
(ii) A PERS public
safety officer.
(3) A benefit paid under division (B)(2) of this section
shall
consist of an annual single lifetime allowance equal to the
sum
of
two and one-half per cent of the member's final average
salary
multiplied by the first twenty-five years of the member's
total
service plus two and one-tenth per cent of the member's
final
average salary multiplied by the number of years of the
member's
total service credit in excess of
twenty-five years.
(4) A member with at least fifteen years of total service
credit as a
PERS law enforcement
officer
or PERS public safety
officer who voluntarily
resigns or is
discharged
for any
reason
except death, dishonesty,
cowardice,
intemperate
habits, or
conviction of a felony may apply
for an
age
and service
retirement benefit, which shall consist of
an
annual
single
lifetime allowance equal to one and one-half per
cent of
the
member's final average salary multiplied by the
number
of
years
of
the member's total service credit. The
allowance shall
commence
on the first day of the calendar month
following the
month in
which the application is filed with the
public employees
retirement board on or after the attainment by
the applicant of
age fifty-two.
(C)(1) A member with at least
twenty-five years of total
service credit
who
would be eligible to retire under
division
(B)(2)(b) of this section had the member
attained
age
fifty-two
and who voluntarily resigns or
is
discharged
for any
reason
except
death, dishonesty,
cowardice,
intemperate
habits, or
conviction of
a felony, on
or after the
date of
attaining
forty-eight years of
age, but before the date of
attaining
fifty-two years
of age, may
elect to receive a reduced
benefit as
determined by the following
schedule:
|
Attained Age |
|
Reduced Benefit |
|
48 |
|
75% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
49 |
|
80% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
50 |
|
86% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
51 |
|
93% of the benefit payable under |
|
|
|
division (B)(3) of this section |
(2) If a member elects to receive a reduced benefit
after
attaining age forty-eight the reduced benefit is payable from the
later of the
date of the member's most
recent birthday or the date
the
member becomes eligible to receive the reduced benefit.
(3) Once a member elects to receive a reduced benefit
determined by the schedule in division
(C)(1) of this
section
and
has received a payment, the
member may not reelect to change
that
election.
(4) If a member who has resigned or been discharged has left
on
deposit the member's accumulated contributions in the
employees' savings
fund and has not elected to receive a reduced
benefit determined
by the schedule in division
(C)(1) of this
section, upon
attaining fifty-two years of age, the member shall
be entitled to receive a
benefit computed and paid under division
(B)(3) of this
section.
(D) A benefit paid under division (B)
or
(C) of
this
section
shall not exceed the lesser of
ninety per cent of the
member's
final average salary or the limit established
by section
415 of
the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A.
415, as amended.
(E)(1) A member with service credit as a
PERS law
enforcement
officer
or a PERS public
safety officer
and other service credit
under this chapter
may
elect one
of the
following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a
PERS law enforcement
officer
or PERS public
safety officer, used
in
calculating a
retirement allowance under
division
(A) of this
section if the
member qualifies for an
allowance under
that
division;
(b) If the member qualifies for an allowance under division
(B)(2)(a) of this section, to have the member's service credit as
a PERS law enforcement officer used in calculating a benefit under
that division and the member's credit for all service other than
PERS law enforcement service used in calculating a benefit
consisting of a single life annuity having a reserve equal to the
amount of the member's accumulated contributions for all service
other than PERS law enforcement service and an equal
amount of
employer contributions.
(c) If the member qualifies for an allowance under division
(B)(2)(b) or (c), (B)(4), or
(C) of this section, to
have the
member's service credit
as a
PERS law enforcement
officer
or
PERS
public safety officer
used in
calculating a
benefit under
the
appropriate
division and
the member's
credit
for all service other
than
PERS
law
enforcement
service
or
service as a PERS public
safety officer under this
chapter used
in calculating a benefit
consisting of a single life
annuity
having a reserve equal to the
amount of the member's
accumulated
contributions for all service
other than PERS law enforcement
service or PERS public safety
officer service and an
equal
amount
of the employer's
contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised
Code, no more than four years of military service credit
granted
under section 145.30 of the Revised Code and five years
of
military service credit purchased under section 145.301 or 145.302
of the
Revised Code shall be used in calculating service as a
PERS
law
enforcement officer
or
PERS public safety officer
or the
total service credit of that
person.
(3) Only credit for the member's service as a
PERS law
enforcement
officer, PERS public safety officer, or service credit
obtained as a police officer
or state
highway patrol trooper shall
be used in computing the
benefit of a member who qualifies for a
benefit
under
division
(B) or
(C) of
this
section
for the
following:
(a) Any person who originally is commissioned and employed
as
a deputy sheriff by the sheriff of any county, or who
originally
is elected
sheriff, on or after January 1, 1975;
(b) Any deputy sheriff who originally is employed as a
criminal bailiff
or court constable on or after April 16, 1993;
(c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981;
(d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984;
(e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
department of public safety enforcement agent who prior to June
30, 1999, was a liquor
control investigator, park officer,
forest
officer, wildlife officer,
state watercraft officer, park district
police
officer, conservancy district officer,
veterans' home
police officer, special police officer for a mental health
institution,
special police officer for an institution for the
mentally retarded
and developmentally disabled, or municipal
police officer on or
after December 15, 1988;
(f) Any person who originally is employed as a state
university
law enforcement officer on or after
November 6, 1996;
(g)
Any person who is originally employed as a state
university law
enforcement officer by the university of Akron on
or after September
16, 1998;
(h) Any person who originally is employed as a preserve
officer
on or after March
18, 1999;
(i) Any person who originally is employed as a natural
resources
law enforcement staff officer on or after March 18,
1999;
(j) Any person who is originally employed as a department
of
public safety enforcement agent on or after June 30,
1999;
(k) Any person who is originally employed as a house
sergeant
at arms or assistant house sergeant at arms on or after
September
5, 2001;
(l)
Any person who is originally appointed as a regional
transit authority police officer or state highway patrol police
officer on or after
February
1, 2002;
(m) Any person who is originally employed as a municipal
public safety director on or after September 29, 2005, but not
later than the effective
date of this amendment March 24, 2009;
(n) Any person who originally is employed as a public high
school law enforcement officer on or after the effective date of
this amendment.
(4) Only credit for a member's service as a PERS public
safety officer or service
credit obtained as a PERS law
enforcement officer, police officer,
or state highway patrol
trooper shall be used in computing the
benefit of a member who
qualifies for a benefit under division
(B)(2)(b) or (c)(ii) or
(4)
or
division (C) of
this
section
for any person who originally
is
employed as a
Hamilton
county
municipal court bailiff on or
after
November 6,
1996.
(F) Retirement allowances determined under this section
shall
be paid as provided in section 145.46 of the Revised Code.
(G) For the purposes of this section, service prior to
June
30, 1999,
as a food stamp trafficking agent under
former
section
5502.14 of the Revised Code shall be considered service as
a
law
enforcement
officer.
Sec. 2921.51. (A) As used in this section:
(1) "Peace officer" means a sheriff, deputy sheriff,
marshal,
deputy marshal, member of the organized police
department
of a
municipal corporation, or township constable, who
is employed
by a
political subdivision of this state, a member of
a police
force
employed by a metropolitan housing authority under
division
(D) of
section 3735.31 of the Revised Code,
a member of a police
force
employed by a regional transit authority under
division (Y)
of
section 306.35 of the Revised Code, a state
university law
enforcement officer appointed under section
3345.04 of the Revised
Code,
a public high school law enforcement officer employed under
section 3313.175 of the Revised Code, a veterans' home police
officer
appointed under
section
5907.02 of the Revised Code, a
special police
officer
employed by
a port authority under section
4582.04 or 4582.28
of
the Revised
Code, or a state
highway patrol
trooper and whose
primary duties
are to preserve
the peace, to
protect life and
property, and to
enforce the laws,
ordinances,
or rules of the
state or any of its
political
subdivisions.
(2) "Private police officer" means any security
guard,
special
police officer, private detective, or other person who
is
privately
employed in a police capacity.
(3) "Federal law enforcement officer" means an employee of
the United States who serves in a position the duties of which are
primarily the investigation, apprehension, or detention of
individuals suspected or convicted of offenses under the criminal
laws of the United States.
(4) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons.
(5) "Investigator of the bureau of criminal identification
and investigation" has the same meaning as in section 2903.11 of
the Revised Code.
(B) No person shall impersonate a peace officer,
private
police officer, or a federal law enforcement officer, or
investigator of the bureau of criminal
identification and
investigation.
(C) No person, by impersonating a peace officer,
private
police officer, or a federal law enforcement officer, or
investigator of the bureau of criminal
identification and
investigation, shall arrest or detain any
person, search any
person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer,
private police officer, a federal law enforcement officer,
officer, agent, or employee of the
state,
or investigator of the
bureau of criminal identification and
investigation.
(E) No person shall commit a felony while impersonating a
peace officer, private police officer, a federal law enforcement
officer, officer, agent, or
employee
of the state, or
investigator of the bureau of criminal
identification and
investigation.
(F) It is an affirmative defense to a charge under
division
(B) of this section that the impersonation of the peace
officer,
private police officer, or investigator of the bureau of criminal
identification and investigation
was for a lawful purpose.
(G) Whoever violates division (B) of this section is
guilty
of a misdemeanor of the fourth degree. Whoever violates
division
(C) or (D) of this section is guilty of a misdemeanor of
the first
degree. If the purpose of a violation of division (D)
of this
section is to commit or facilitate the commission of a
felony, a
violation of division (D) is a felony of the
fourth degree.
Whoever violates division (E) of this section is guilty
of a
felony of the third degree.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; public high school law
enforcement officer employed under section 3313.175 of the Revised
Code; enforcement agent of
the department of
public safety
designated under section 5502.14
of the Revised Code; employee of
the department of taxation to
whom investigation powers have been
delegated under section
5743.45 of the Revised Code; employee of
the
department of natural
resources who is a natural resources law
enforcement
staff officer
designated pursuant to section 1501.013
of the Revised Code, a
forest officer designated pursuant to
section
1503.29 of the
Revised Code, a preserve officer designated
pursuant to section
1517.10 of the Revised Code, a wildlife
officer designated
pursuant to section
1531.13 of the Revised
Code, a park officer
designated pursuant to section
1541.10 of the
Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to
perform law
enforcement duties under
section 511.232, 1545.13, or
6101.75 of
the Revised Code; veterans' home
police officer
appointed
under
section 5907.02 of the Revised Code; special
police officer
employed by a port
authority under section 4582.04
or 4582.28 of
the Revised Code; police
constable of any
township;
police
officer
of a township or joint township
police
district;
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; the house of
representatives
sergeant at arms if the
house of representatives
sergeant at arms
has
arrest
authority pursuant to division
(E)(1)
of section
101.311 of the
Revised Code;
and an assistant
house of
representatives
sergeant at arms;
officer or
employee of the
bureau of
criminal identification and
investigation established
pursuant to
section 109.51 of the
Revised Code who has been
awarded a
certificate by the executive
director of the Ohio peace
officer
training commission attesting
to the officer's or
employee's
satisfactory completion of an
approved state, county,
municipal,
or department of natural
resources peace officer basic
training
program and who is
providing
assistance upon request to a
law
enforcement officer or
emergency assistance to
a peace officer
pursuant to section
109.54
or 109.541 of the Revised Code; a state
fire marshal law enforcement officer described in division (A)(23)
of section 109.71 of the Revised Code; and,
for the purpose of
arrests
within
those areas,
for the
purposes of Chapter 5503. of
the
Revised
Code, and the
filing of
and service of process
relating to
those
offenses
witnessed or
investigated by them,
the
superintendent
and troopers of
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, public high school law
enforcement officer employed under section 3313.175 of the Revised
Code, veterans' home
police
officer
appointed under section
5907.02 of the Revised Code,
special
police officer employed by a
port authority under section
4582.04
or 4582.28 of the Revised
Code, or 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, shall
arrest and detain,
until a
warrant can be obtained, a
person found
violating, within
the
limits of the political
subdivision,
metropolitan housing
authority housing project, regional
transit
authority facilities
or areas of a municipal corporation that
have
been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the
Revised Code,
port authority, or municipal airport or other
municipal air
navigation facility, in
which the peace
officer is
appointed,
employed, or elected, a law of this state,
an
ordinance
of a
municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources, a
state fire marshal law enforcement officer described in division
(A)(23) of section 109.71 of the Revised Code,
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall
arrest and
detain,
until a warrant can be obtained, a person
found
violating,
within the limits of the peace officer's, state fire
marshal law enforcement officer's, or
individual's
territorial
jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised
Code or
while providing security pursuant to division
(D)(1)(f)
of
section 101.311 of the Revised Code, a
law of this
state, an
ordinance of a municipal corporation, or a resolution of
a
township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907.
of the Revised Code,
port authority, or
municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or
elected or
within the limits of the
territorial jurisdiction of the peace
officer, a peace officer
described in division
(A) of this section
may arrest and detain
until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace
officer has
reasonable grounds to believe that the offense
of
domestic
violence or the offense of violating a protection
order
has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this
section which family or
household member is the primary
physical
aggressor in a situation
in which family or household
members have
committed the offense
of domestic violence or the
offense of
violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any
other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was
caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the
persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to Chapter 2981. of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section 2981.12 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a)
to (g) of
this section, a peace officer described in
division
(A)
of this section arrests and detains a person
pursuant
to division
(B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of
this
section, a peace officer described in division
(A) of
this
section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the
Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), (3), (4), or (5) of section
4506.15 or a
violation of section 4511.19 of the Revised Code has
been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, public high school law enforcement
officer employed under section 3313.175 of the Revised Code, peace
officer
of the department of
natural
resources, individual
designated to
perform law
enforcement duties
under
section
511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest
authority pursuant
to division
(E)(1) of
section 101.311 of the
Revised Code, or an assistant
house
sergeant at arms is authorized
by
division (A) or
(B) of
this
section
to arrest and detain,
within the limits of the
political
subdivision, metropolitan
housing authority housing
project,
regional
transit authority
facilities or those areas of a
municipal
corporation that have
been agreed to by a regional
transit authority and a
municipal
corporation located within its
territorial jurisdiction,
port
authority,
municipal airport or
other municipal air navigation
facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the
territorial jurisdiction
of the peace officer, a
person until a
warrant can be obtained, the peace
officer, outside
the limits of
that
territory, may pursue, arrest, and detain that
person until a
warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources, a
state fire marshal law enforcement officer described in division
(A)(23) of section 109.71 of the Revised Code,
or
an individual
designated to perform law enforcement duties
under
section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and
detain,
until a warrant can be obtained, any person
found
violating any
section or chapter of the Revised
Code listed
in
division
(E)(1) of this section, other
than sections 4513.33
and
4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer or state fire marshal law enforcement
officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer
designated
pursuant
to section 1503.29 of the Revised Code, a
preserve officer designated
pursuant to
section 1517.10 of the
Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to
section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
(8) "Portion of any street or highway" means all lanes of the
street or highway irrespective of direction of travel, including
designated turn lanes, and any berm, median, or shoulder.
Sec. 2935.031. Any agency, instrumentality, or political
subdivision of the state that employs a sheriff, deputy sheriff,
constable, marshal, deputy marshal, police officer, member of a
metropolitan housing authority police force, state university law
enforcement officer, public high school law enforcement officer,
or
veterans' home
police
officer with arrest authority under
section 2935.03 of the Revised
Code or
that employs other persons
with arrest authority under the
Revised
Code, shall adopt a policy
for the pursuit in a motor
vehicle of
any person who violates a
law of this state or an
ordinance of a
municipal corporation. The
chief law enforcement
officer or
other chief official of the
agency, instrumentality, or
political
subdivision shall formally
advise each peace officer or
other
person with arrest authority it
employs of the pursuit
policy
adopted by that agency,
instrumentality, or political
subdivision
pursuant to this
section.
Sec. 2935.24. A judge of a court of record may, by an
endorsement under his the judge's hand upon a warrant of arrest,
authorize the service thereof by telegraph, teletype, wire photo,
or other
means whereby a written or facsimile copy may be
transmitted, and
thereafter a copy of such warrant may be sent by
any such means
to any law enforcement officer. Such copy is
effectual in the
hands of any law enforcement officer and he the
law enforcement
officer shall proceed in the same manner under it
as though he
the law enforcement officer held the orginal original
warrant issued by the court making the endorsement, except that a
state university law enforcement officer or public high school law
enforcement officer shall not arrest for a
minor misdemeanor on
the basis of a written or facsimile copy of
a warrant of arrest.
Every officer causing copies of warrants to
be sent pursuant to
this section, shall certify as correct and
file in the office from
which such warrant was sent, a copy of
such warrant and
endorsement thereon, and shall return the
original with a
statement of his the officer's action
thereunder.
Sec. 3313.175. (A) As used in this section:
(1) "Felony" has the same meaning as in section 109.511 of
the Revised Code.
(2) "School grounds or premises" means any real or personal
property that serves high school students and is owned by a city,
exempted village, local, or joint vocational school district or an
educational service center or that is under the control of any
board of education of a city, exempted village, local, or joint
vocational school district or governing board of an educational
service center.
(B)(1) Subject to division (C) of this section, the board of
education of a city, local, exempted village, or joint vocational
school district or the governing board of an educational service
center may employ one or more public high school law enforcement
officers subject to section 109.77 of the Revised Code to maintain
the safety and welfare of its students and employees on school
grounds or premises it owns or controls, to maintain the safety
and welfare of other persons authorized under rules adopted by the
board under division (A) of section 3313.20 of the Revised Code to
be present on school grounds or premises it owns or controls, to
protect property it owns or controls, and to protect student and
employee property located on school grounds or premises it owns or
controls. In addition to any powers provided and duties required
elsewhere by law, a public high school law enforcement officer
shall, to the extent required by the officer's contract of
employment or rules adopted by the board that employs the officer,
enforce all rules, regulations, and written policies adopted by
that board.
(2) A public high school law enforcement officer shall take
an oath of office, wear the badge of office, serve as a peace
officer for the school district or educational service center, and
give bond to the board of education or governing board that
employs the officer for the proper and faithful discharge of the
officer's duties in the amount that the board of education or
governing board requires.
(C)(1) The board of education or governing board shall not
employ as a public high school law enforcement officer on a
permanent basis, on a temporary basis, for a probationary term, or
on other than a permanent basis a person who previously has been
convicted of or has pleaded guilty to a felony.
(2)(a) The board of education or governing board shall
terminate the employment of a public high school law enforcement
officer if that 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
employee agrees to surrender the
certificate awarded to the
employee under section 109.77 of the
Revised Code.
(b) The board of education or governing board shall suspend
from employment a public high school law enforcement officer who
is convicted, after trial, of a felony. If the public high school
law enforcement 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 public high school law enforcement officer does
not file a timely appeal, the board of education or governing
board shall terminate the employment of that public high school
law enforcement officer. If the public high school law enforcement
officer files an appeal that results in that officer's acquittal
of the felony or conviction of a misdemeanor, or in the dismissal
of the felony charge against that officer, the board of education
or governing board shall reinstate that public high school law
enforcement officer. A public high school law enforcement officer
who is reinstated under division (C)(2)(b) of this section shall
not receive any back pay unless that 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
officer of the felony.
(3) Division (C) of this section does not apply to an offense
that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of the
employment, of a public high school law enforcement officer under
division (C)(2) of this section shall be in accordance with
Chapter 119. of the Revised Code.
Section 2. That existing sections 109.57, 109.71, 109.77,
145.01, 145.33, 2921.51, 2935.01, 2935.03, 2935.031, and 2935.24
of the Revised Code are hereby repealed.
Section 3. Section 109.57 of the Revised Code is presented
in
this act as a composite of the section as amended by both Sub.
H.B. 428 and Sub. S.B. 163 of
the 127th General Assembly. 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. Section
2921.51 of the Revised Code is
presented in
this act as a
composite of the section as amended by
both Sub. H.B. 259 and
Sub. S.B. 281 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 composites are the resulting
versions of
the sections in
effect prior to the effective date of
the sections
as presented
in this act.
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