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S. B. No. 150 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Buehrer, Gibbs, Seitz, Schaffer, Patton, Schuring, Husted, Faber, Hughes, Harris, Niehaus
A BILL
To amend sections 9.63, 311.07, and 341.21 of the
Revised Code to provide that a board of county
commissioners may direct a sheriff to take custody
of persons who are being detained for deportation
or who are charged with civil violations of
immigration law and to expressly authorize state
and local employees and county sheriffs to render
assistance to federal immigration officials in the
investigation and enforcement of federal
immigration law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.63, 311.07, and 341.21 of the
Revised Code be amended to read as follows:
Sec. 9.63. (A) Notwithstanding any law, ordinance, or
collective bargaining contract to the contrary, no state or local
employee shall unreasonably fail to comply with any lawful request
for assistance made by any federal authorities carrying out the
provisions of the USA Patriot Act, any federal immigration or
terrorism investigation, or any executive order of the president
of the United States pertaining to homeland security, to the
extent that the request is consistent with the doctrine of
federalism. A federal immigration investigation includes all
activities of federal immigration officials related to the
investigation, apprehension, and detention of aliens who violate
criminal or civil provisions of federal immigration law.
(B) No municipal corporation shall enact an ordinance,
policy, directive, rule, or resolution that would materially
hinder or prevent local employees from complying with the USA
Patriot Act or any executive order of the president of the United
States pertaining to homeland security or from cooperating with
state or federal immigration services and terrorism
investigations.
(C)(1) Any municipal corporation that enacts any ordinance,
policy, directive, rule, or resolution that division (B) of this
section prohibits is ineligible to receive any homeland security
funding available from the state.
(2) Whenever the director of public safety determines that a
municipal corporation has enacted any ordinance, policy,
directive, rule, or resolution that division (B) of this section
prohibits, the director shall certify that the municipal
corporation is ineligible to receive any homeland security funding
from the state and shall notify the general assembly of that
ineligibility. That municipal corporation shall remain ineligible
to receive any homeland security funding from the state until the
director certifies that the ordinance, policy, directive, rule, or
resolution has been repealed.
(D)(1) If a state or local employee states disagreement with,
or a critical opinion of, the USA Patriot Act, any federal
immigration or terrorism policy, or any executive order of the
president of the United States pertaining to homeland security,
the statement of disagreement with or critical opinion of the act
or order is not sufficient to qualify for purposes of this section
as unreasonable noncompliance with a request for assistance of the
type division (A) of this section describes.
(2) Any municipal corporation's ordinance, policy, directive,
rule, or resolution that states disagreement with, or a critical
opinion of, any state or federal immigration or terrorism policy,
the USA Patriot Act, or any executive order of the president of
the United States pertaining to homeland security is not
sufficient to qualify as a "material hindrance or prevention" of
local employees from cooperating with federal immigration services
and terrorism investigations or from complying with the USA
Patriot Act or any executive order of the president of the United
States pertaining to homeland security for purposes of divisions
(B), (C), and (D) of this section.
(E) As used in this section, "USA Patriot Act" means the
"Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.
Sec. 311.07. (A) Each sheriff shall preserve the public
peace and cause all persons guilty of any breach of the peace,
within the sheriff's knowledge or view, to enter into
recognizance
with
sureties to keep the peace and to appear at the succeeding
term
of the court of common pleas, and the sheriff shall commit
such
persons to jail in case they refuse to do so. The sheriff
shall return a
transcript of all the sheriff's proceedings with
the
recognizance so taken
to such court. The sheriff shall, except
as provided in
division (C) of
this section, execute all warrants,
writs, and other process
directed to the sheriff by any proper and
lawful authority
of this state,
and those issued by a proper and
lawful authority of any other
state. The sheriff shall attend upon
the court of common
pleas and the
court of appeals during their
sessions, and, when required, shall
attend upon the probate court.
In the execution of official
duties
of the sheriff, the sheriff
may call to
the sheriff's aid such persons or
power of the county
as is necessary. Under the direction and
control of the board of
county commissioners, such sheriff shall
have charge of the court
house. A sheriff or deputy sheriff of a
county may participate, as
the director of an organized crime
task force established under
section 177.02 of the Revised Code
or as a member of the
investigatory staff of such a task force,
in an investigation of
organized criminal activity in any county
or counties in this
state under sections 177.01 to 177.03 of the
Revised Code. A
sheriff, upon the request of federal immigration officials, may
render assistance to those officials
related to the
investigation, apprehension, and detention of
aliens who violate
criminal or civil provisions of federal
immigration law. A
sheriff, upon the request of federal immigration officials, may
render assistance to those officials related to the investigation
of businesses suspected of employing aliens who violate criminal
or civil provisions of federal immigration law.
(B) The sheriff of a county may call upon the sheriff of
any
other county, the mayor or other chief executive
of any municipal
corporation,
and the chairperson of the board of township trustees
of any township within this state, to furnish
such law enforcement
or fire protection personnel, or both,
together with appropriate
equipment and apparatus, as may be
necessary to preserve the
public peace and protect persons and
property in the requesting
sheriff's county. Such aid shall be furnished to
the
sheriff
requesting it, insofar as possible without withdrawing
from the
political subdivision furnishing such aid the minimum
police and
fire protection appearing necessary under the
circumstances. Law
enforcement and fire
protection
personnel acting outside the
territory of their regular
employment shall be considered as
performing services within the
territory of their regular
employment for the purposes of
compensation, pension or indemnity
fund rights, workers'
compensation, and other rights or benefits
to which they may be
entitled as incidents of their regular
employment. The county
receiving aid shall reimburse, as provided
in this
section, the political subdivision
furnishing it the cost
of furnishing such aid, including
compensation of personnel,
expenses incurred by reason of the
injury or death of any such
personnel while rendering such aid,
expenses of furnishing
equipment and apparatus, compensation for
damage to or loss of
equipment or apparatus while in service
outside the territory of
its regular use, and such other
reasonable expenses as may be
incurred by any such political
subdivision in furnishing aid.
The
cost of furnishing such
aid may be paid from the sheriff's
furtherance of justice fund
created pursuant to section 325.071 of
the Revised
Code or from the law enforcement trust fund created
pursuant to section 2981.13 of the Revised Code,
or from the
county general fund to the extent
moneys have been appropriated
for such purposes
pursuant to section 5705.38 of the Revised Code
unless the board of county commissioners adopts a resolution
restricting or prohibiting the use of general fund moneys
without
the prior approval of the board of county
commissioners. Nothing
in this section
shall be construed as superseding or modifying in
any way any
provision of a contract entered into pursuant to
section 311.29
of the Revised Code. Law enforcement officers
acting pursuant to
this section outside the territory of their
regular employment
have the same authority to enforce the law as
when acting within
the territory of their regular employment.
(C) The sheriff shall not execute process that is issued
in a
state other than this state, unless the process contains
either of
the following:
(1) A certification by the judge of the court that issued
the
process stating that the issuing court has jurisdiction to
issue
the process and that the documents being forwarded conform
to the
laws of the state in which the court is located;
(2) If the process is an initial summons to appear and
defend
issued after the filing of a complaint commencing an
action, a
certification by the clerk of the court that issued the
process
stating that the process was issued in conformance with
the laws
of the state in which the court is located.
(D) As used in this section and section 311.08 of the
Revised
Code, "proper and lawful authority" means any authority
authorized
by law to issue any process and "process" means those
documents
issued in this state in accordance with section 7.01 of
the
Revised Code and those documents, other than executions of
judgments or decrees, issued in a state other than this state
that
conform to the laws of the state of issuance governing the
issuance of process in that state.
Sec. 341.21. (A) The board of county commissioners may
direct the sheriff to receive into custody prisoners charged
with
or convicted of crime by the United States, including, upon the
request of federal immigration officials, those
persons being
detained for deportation or charged with a civil
violation of
immigration law by federal immigration officials, and
to keep
those
prisoners until discharged.
The board of the county in which prisoners charged with or
convicted of crime by the United States may be so committed may
negotiate and
conclude any contracts with the United States for
the use of the jail as
provided by this section and as the board
sees fit.
A prisoner so committed shall be supported at the expense
of
the United States during the prisoner's confinement in
the county
jail.
No greater compensation shall be charged by a sheriff for
the
subsistence of that type of prisoner than is provided by
section 311.20 of the Revised Code to be charged for the
subsistence of state
prisoners.
A sheriff or jailer who neglects or refuses to perform the
services and duties directed by the board by reason of this
division, shall be liable to the same penalties, forfeitures, and
actions as if the prisoner had been committed under the
authority
of this state.
(B) Prior to the acceptance for housing into the county jail
of
persons who are designated by the department of rehabilitation
and correction,
who plead guilty to or are convicted of a felony
of the fourth or fifth
degree, and who satisfy the other
requirements listed in section 5120.161
of the Revised Code, the
board of county commissioners shall enter into
an agreement with
the department of rehabilitation and correction
under section
5120.161 of the Revised Code for the housing in the
county jail of
persons designated by the department who plead
guilty to or are
convicted of a felony of the fourth or fifth degree and who
satisfy the other requirements listed in that section in
exchange
for a per diem fee per person. Persons incarcerated in
the county
jail pursuant to an agreement entered into under
this division
shall be
subject to supervision and control in the manner
described in
section 5120.161 of the Revised Code. This division
does not affect the
authority of a court to directly sentence a
person who is convicted of or
pleads guilty to a felony to the
county jail in accordance with section
2929.16 of the Revised
Code.
(C) Notwithstanding any contrary provision in
section
2929.18,
2929.28, or 2929.37 or in any other
section of
the
Revised
Code, the board
of county commissioners may
establish
a
policy
that complies with section 2929.38 of the
Revised Code
and
that requires any person who is
not indigent and
who is
confined
in the jail under division (B) of this
section to
pay a
reception
fee, a
fee
for any medical treatment or
service
requested
by and
provided
to
that person, or
the
fee for a random
drug test
assessed
under division (E) of section
341.26 of the
Revised Code.
(D) If a sheriff receives into custody a prisoner convicted
of
crime by the United States as described in division
(A) of this
section, if a person who has been convicted of or pleaded
guilty
to an offense is incarcerated in the jail in the manner described
in
division (B) of this section, if a sheriff receives into
custody a
prisoner charged with a crime by the United States and
the
prisoner has had bail denied or has had bail set, has not been
released on
bail, and is confined in jail pending trial, or if a
person who has been
arrested for an offense, and who has been
denied bail or has had bail set and
has not been released on bail
is confined in jail pending trial,
at the time of reception and at
other times the
sheriff or other person in charge of the operation
of the jail determines to
be appropriate, the sheriff or other
person in charge of the operation of the
jail may cause the
convicted or accused offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including, but not
limited
to, hepatitis A, B, and C, and other contagious
diseases. The
sheriff or other person in charge of the operation of the jail may
cause a
convicted or accused offender in the jail who refuses to
be tested or treated
for tuberculosis, HIV infection, hepatitis,
including, but not
limited to, hepatitis A, B, and C, or another
contagious disease to be tested and treated involuntarily.
Section 2. That existing sections 9.63, 311.07, and 341.21 of
the Revised Code are hereby repealed.
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