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H. B. No. 354 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Butler, Young
Cosponsors:
Representatives Adams, J., Beck, Becker, Brenner, Henne, Hood, Lynch, Retherford, Roegner, Sprague, Stebelton, Terhar
A BILL
To enact section 2935.034 of the Revised Code to
prevent the state or a political subdivision from
assisting the armed forces of the United States in
the illegal investigation, prosecution, or
detention of any person within the state who is
lawfully present in the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2935.034 of the Revised Code be
enacted to read as follows:
Sec. 2935.034. (A)(1) Except as provided in division (A)(2)
of this section, notwithstanding any contrary provision of law, no
agency of this state, political subdivision of this state,
employee of either acting in the employee's official capacity, or
any member of the Ohio organized militia, when such a member is
serving in the Ohio organized militia on official state duty,
shall knowingly aid an agency of the United States in any
investigation, prosecution, or detention of a person within this
state, pursuant to any of the following laws, if the agency,
political subdivision, employee, or member would violate the
United States Constitution or the constitution of this state:
(a) Section 1021 or 1022 of the "National Defense
Authorization Act for Fiscal Year 2012," Pub. L. No. 112-81;
(b) The "Authorization for Use of Military Force of 2001,"
Pub. L. No. 107-40; or
(c) Any other federal law that would deprive a person who is
lawfully present in the United States of the right to petition for
a writ of habeas corpus.
(2) Division (A)(1) of this section does not apply to
participation by state or local law enforcement or the Ohio
organized militia in a joint task force, partnership, or other
similar cooperative agreement with federal law enforcement if that
joint task force, partnership, or similar cooperative agreement is
not for the purpose of investigating, prosecuting, or detaining
any person who is lawfully present in the United States pursuant
to the laws described in divisions (A)(1)(a) to (c) of this
section.
(B) It is the policy of this state to refuse to provide
material support for or to participate in any way with the
implementation within this state of any federal law that purports
to authorize indefinite detention of a person within this state.
(C) Notwithstanding any contrary provision of law, no
political subdivision, no law enforcement agency of a political
subdivision, and no employee of a political subdivision acting in
the employee's official capacity shall knowingly use state funds
or funds appropriated by the state to local entities on or after
the effective date of this section, in whole or in part, to engage
in any activity that aids an agency of the United States in the
detention of any person within this state for purposes of
implementing the laws described in divisions (A)(1)(a) to (c) of
this section, if that activity would violate the United States
Constitution or the constitution of this state.
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