Bill Text: OH HB153 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize regional water and sewer districts to establish police departments.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2009-04-28 - To Local Government/Public Administration [HB153 Detail]

Download: Ohio-2009-HB153-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 153

Representative Yuko 

Cosponsors: Representatives Williams, B., Luckie, Hagan, Domenick, Evans, Letson 

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A BILL

To amend sections 109.71, 109.73, and 109.77 and to

1

enact sections 6119.60, 6119.61, 6119.62, 6119.63,

2

and 6119.64 of the Revised Code to authorize

3

regional water and sewer districts to establish

4

police departments.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.71, 109.73, and 109.77 be	6
amended and sections 6119.60, 6119.61, 6119.62, 6119.63, and	7
6119.64 of the Revised Code be enacted to read as follows:	8

Sec. 109.71.  There is hereby created in the office of the	9
attorney general the Ohio peace officer training commission. The	10
commission shall consist of nine members appointed by the governor	11
with the advice and consent of the senate and selected as follows:	12
one member representing the public; two members who are incumbent	13
sheriffs; two members who are incumbent chiefs of police; one	14
member from the bureau of criminal identification and	15
investigation; one member from the state highway patrol; one	16
member who is the special agent in charge of a field office of the	17
federal bureau of investigation in this state; and one member from	18
the department of education, trade and industrial education	19
services, law enforcement training.	20

This section does not confer any arrest authority or any	21
ability or authority to detain a person, write or issue any	22
citation, or provide any disposition alternative, as granted under	23
Chapter 2935. of the Revised Code.	24

As used in sections 109.71 to 109.801 of the Revised Code:

25

(A) "Peace officer" means:

26

(1) A deputy sheriff, marshal, deputy marshal, member of the	27
organized police department of a township or municipal	28
corporation, member of a township police district or joint	29
township police district police force, member of a police force	30
employed by a metropolitan housing authority under division (D) of	31
section 3735.31 of the Revised Code, or township constable, who is	32
commissioned and employed as a peace officer by a political	33
subdivision of this state or by a metropolitan housing authority,	34
and whose primary duties are to preserve the peace, to protect	35
life and property, and to enforce the laws of this state,	36
ordinances of a municipal corporation, resolutions of a township,	37
or regulations of a board of county commissioners or board of	38
township trustees, or any of those laws, ordinances, resolutions,	39
or regulations;	40

(2) A police officer who is employed by a railroad company	41
and appointed and commissioned by the secretary of state pursuant	42
to sections 4973.17 to 4973.22 of the Revised Code;	43

(3) Employees of the department of taxation engaged in the	44
enforcement of Chapter 5743. of the Revised Code and designated by	45
the tax commissioner for peace officer training for purposes of	46
the delegation of investigation powers under section 5743.45 of	47
the Revised Code;	48

(4) An undercover drug agent;

49

(5) Enforcement agents of the department of public safety	50
whom the director of public safety designates under section	51
5502.14 of the Revised Code;	52

(6) An employee of the department of natural resources who is	53
a natural resources law enforcement staff officer designated	54
pursuant to section 1501.013, a park officer designated pursuant	55
to section 1541.10, a forest officer designated pursuant to	56
section 1503.29, a preserve officer designated pursuant to section	57
1517.10, a wildlife officer designated pursuant to section	58
1531.13, or a state watercraft officer designated pursuant to	59
section 1547.521 of the Revised Code;	60

(7) An employee of a park district who is designated pursuant	61
to section 511.232 or 1545.13 of the Revised Code;	62

(8) An employee of a conservancy district who is designated	63
pursuant to section 6101.75 of the Revised Code;	64

(9) A police officer who is employed by a hospital that	65
employs and maintains its own proprietary police department or	66
security department, and who is appointed and commissioned by the	67
secretary of state pursuant to sections 4973.17 to 4973.22 of the	68
Revised Code;	69

(10) Veterans' homes police officers designated under section	70
5907.02 of the Revised Code;	71

(11) A police officer who is employed by a qualified	72
nonprofit corporation police department pursuant to section	73
1702.80 of the Revised Code;	74

(12) A state university law enforcement officer appointed	75
under section 3345.04 of the Revised Code or a person serving as a	76
state university law enforcement officer on a permanent basis on	77
June 19, 1978, who has been awarded a certificate by the executive	78
director of the Ohio peace officer training commission attesting	79
to the person's satisfactory completion of an approved state,	80
county, municipal, or department of natural resources peace	81
officer basic training program;	82

(13) A special police officer employed by the department of	83
mental health pursuant to section 5119.14 of the Revised Code or	84
the department of mental retardation and developmental	85
disabilities pursuant to section 5123.13 of the Revised Code;	86

(14) A member of a campus police department appointed under	87
section 1713.50 of the Revised Code;	88

(15) A member of a police force employed by a regional	89
transit authority under division (Y) of section 306.35 of the	90
Revised Code;	91

(16) Investigators appointed by the auditor of state pursuant	92
to section 117.091 of the Revised Code and engaged in the	93
enforcement of Chapter 117. of the Revised Code;	94

(17) A special police officer designated by the	95
superintendent of the state highway patrol pursuant to section	96
5503.09 of the Revised Code or a person who was serving as a	97
special police officer pursuant to that section on a permanent	98
basis on October 21, 1997, and who has been awarded a certificate	99
by the executive director of the Ohio peace officer training	100
commission attesting to the person's satisfactory completion of an	101
approved state, county, municipal, or department of natural	102
resources peace officer basic training program;	103

(18) A special police officer employed by a port authority	104
under section 4582.04 or 4582.28 of the Revised Code or a person	105
serving as a special police officer employed by a port authority	106
on a permanent basis on May 17, 2000, who has been awarded a	107
certificate by the executive director of the Ohio peace officer	108
training commission attesting to the person's satisfactory	109
completion of an approved state, county, municipal, or department	110
of natural resources peace officer basic training program;	111

(19) A special police officer employed by a municipal	112
corporation who has been awarded a certificate by the executive	113
director of the Ohio peace officer training commission for	114
satisfactory completion of an approved peace officer basic	115
training program and who is employed on a permanent basis on or	116
after March 19, 2003, at a municipal airport, or other municipal	117
air navigation facility, that has scheduled operations, as defined	118
in section 119.3 of Title 14 of the Code of Federal Regulations,	119
14 C.F.R. 119.3, as amended, and that is required to be under a	120
security program and is governed by aviation security rules of the	121
transportation security administration of the United States	122
department of transportation as provided in Parts 1542. and 1544.	123
of Title 49 of the Code of Federal Regulations, as amended;	124

(20) A police officer who is employed by an owner or operator	125
of an amusement park that has an average yearly attendance in	126
excess of six hundred thousand guests and that employs and	127
maintains its own proprietary police department or security	128
department, and who is appointed and commissioned by a judge of	129
the appropriate municipal court or county court pursuant to	130
section 4973.17 of the Revised Code;	131

(21) A police officer who is employed by a bank, savings and	132
loan association, savings bank, credit union, or association of	133
banks, savings and loan associations, savings banks, or credit	134
unions, who has been appointed and commissioned by the secretary	135
of state pursuant to sections 4973.17 to 4973.22 of the Revised	136
Code, and who has been awarded a certificate by the executive	137
director of the Ohio peace officer training commission attesting	138
to the person's satisfactory completion of a state, county,	139
municipal, or department of natural resources peace officer basic	140
training program;	141

(22) An investigator, as defined in section 109.541 of the	142
Revised Code, of the bureau of criminal identification and	143
investigation who is commissioned by the superintendent of the	144
bureau as a special agent for the purpose of assisting law	145
enforcement officers or providing emergency assistance to peace	146
officers pursuant to authority granted under that section;	147

(23) A state fire marshal law enforcement officer appointed	148
under section 3737.22 of the Revised Code or a person serving as a	149
state fire marshal law enforcement officer on a permanent basis on	150
or after July 1, 1982, who has been awarded a certificate by the	151
executive director of the Ohio peace officer training commission	152
attesting to the person's satisfactory completion of an approved	153
state, county, municipal, or department of natural resources peace	154
officer basic training program;	155

(24) A police officer of a police department of a regional	156
water and sewer district who is appointed under section 6119.63 of	157
the Revised Code.	158

(B) "Undercover drug agent" has the same meaning as in	159
division (B)(2) of section 109.79 of the Revised Code.	160

(C) "Crisis intervention training" means training in the use	161
of interpersonal and communication skills to most effectively and	162
sensitively interview victims of rape.	163

(D) "Missing children" has the same meaning as in section	164
2901.30 of the Revised Code.	165

Sec. 109.73.  (A) The Ohio peace officer training commission	166
shall recommend rules to the attorney general with respect to all	167
of the following:	168

(1) The approval, or revocation of approval, of peace officer	169
training schools administered by the state, counties, municipal	170
corporations, public school districts, technical college	171
districts, and the department of natural resources;	172

(2) Minimum courses of study, attendance requirements, and	173
equipment and facilities to be required at approved state, county,	174
municipal, and department of natural resources peace officer	175
training schools;	176

(3) Minimum qualifications for instructors at approved state,	177
county, municipal, and department of natural resources peace	178
officer training schools;	179

(4) The requirements of minimum basic training that peace	180
officers appointed to probationary terms shall complete before	181
being eligible for permanent appointment, which requirements shall	182
include a minimum of fifteen hours of training in the handling of	183
the offense of domestic violence, other types of domestic	184
violence-related offenses and incidents, and protection orders and	185
consent agreements issued or approved under section 2919.26 or	186
3113.31 of the Revised Code; a minimum of six hours of crisis	187
intervention training; and a specified amount of training in the	188
handling of missing children and child abuse and neglect cases;	189
and the time within which such basic training shall be completed	190
following appointment to a probationary term;	191

(5) The requirements of minimum basic training that peace	192
officers not appointed for probationary terms but appointed on	193
other than a permanent basis shall complete in order to be	194
eligible for continued employment or permanent appointment, which	195
requirements shall include a minimum of fifteen hours of training	196
in the handling of the offense of domestic violence, other types	197
of domestic violence-related offenses and incidents, and	198
protection orders and consent agreements issued or approved under	199
section 2919.26 or 3113.31 of the Revised Code, a minimum of six	200
hours of crisis intervention training, and a specified amount of	201
training in the handling of missing children and child abuse and	202
neglect cases, and the time within which such basic training shall	203
be completed following appointment on other than a permanent	204
basis;	205

(6) Categories or classifications of advanced in-service	206
training programs for peace officers, including programs in the	207
handling of the offense of domestic violence, other types of	208
domestic violence-related offenses and incidents, and protection	209
orders and consent agreements issued or approved under section	210
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	211
and in the handling of missing children and child abuse and	212
neglect cases, and minimum courses of study and attendance	213
requirements with respect to such categories or classifications;	214

(7) Permitting persons, who are employed as members of a	215
campus police department appointed under section 1713.50 of the	216
Revised Code; who are employed as members of a regional water and	217
sewer district police department appointed under section 6119.63	218
of the Revised Code; who are employed as police officers by a	219
qualified nonprofit corporation police department pursuant to	220
section 1702.80 of the Revised Code; who are appointed and	221
commissioned as bank, savings and loan association, savings bank,	222
credit union, or association of banks, savings and loan	223
associations, savings banks, or credit unions police officers, as	224
railroad police officers, or as hospital police officers pursuant	225
to sections 4973.17 to 4973.22 of the Revised Code; or who are	226
appointed and commissioned as amusement park police officers	227
pursuant to section 4973.17 of the Revised Code, to attend	228
approved peace officer training schools, including the Ohio peace	229
officer training academy, and to receive certificates of	230
satisfactory completion of basic training programs, if the private	231
college or university that established the campus police	232
department; regional water and sewer district police department;	233
qualified nonprofit corporation police department; bank, savings	234
and loan association, savings bank, credit union, or association	235
of banks, savings and loan associations, savings banks, or credit	236
unions; railroad company; hospital; or amusement park sponsoring	237
the police officers pays the entire cost of the training and	238
certification and if trainee vacancies are available;	239

(8) Permitting undercover drug agents to attend approved	240
peace officer training schools, other than the Ohio peace officer	241
training academy, and to receive certificates of satisfactory	242
completion of basic training programs, if, for each undercover	243
drug agent, the county, township, or municipal corporation that	244
employs that undercover drug agent pays the entire cost of the	245
training and certification;	246

(9)(a) The requirements for basic training programs for	247
bailiffs and deputy bailiffs of courts of record of this state and	248
for criminal investigators employed by the state public defender	249
that those persons shall complete before they may carry a firearm	250
while on duty;	251

(b) The requirements for any training received by a bailiff	252
or deputy bailiff of a court of record of this state or by a	253
criminal investigator employed by the state public defender prior	254
to June 6, 1986, that is to be considered equivalent to the	255
training described in division (A)(9)(a) of this section.	256

(10) Establishing minimum qualifications and requirements for	257
certification for dogs utilized by law enforcement agencies;	258

(11) Establishing minimum requirements for certification of	259
persons who are employed as correction officers in a full-service	260
jail, five-day facility, or eight-hour holding facility or who	261
provide correction services in such a jail or facility;	262

(12) Establishing requirements for the training of agents of	263
a county humane society under section 1717.06 of the Revised Code,	264
including, without limitation, a requirement that the agents	265
receive instruction on traditional animal husbandry methods and	266
training techniques, including customary owner-performed	267
practices.	268

(B) The commission shall appoint an executive director, with	269
the approval of the attorney general, who shall hold office during	270
the pleasure of the commission. The executive director shall	271
perform such duties assigned by the commission. The executive	272
director shall receive a salary fixed pursuant to Chapter 124. of	273
the Revised Code and reimbursement for expenses within the amounts	274
available by appropriation. The executive director may appoint	275
officers, employees, agents, and consultants as the executive	276
director considers necessary, prescribe their duties, and provide	277
for reimbursement of their expenses within the amounts available	278
for reimbursement by appropriation and with the approval of the	279
commission.	280

(C) The commission may do all of the following:

281

(1) Recommend studies, surveys, and reports to be made by the	282
executive director regarding the carrying out of the objectives	283
and purposes of sections 109.71 to 109.77 of the Revised Code;	284

(2) Visit and inspect any peace officer training school that	285
has been approved by the executive director or for which	286
application for approval has been made;	287

(3) Make recommendations, from time to time, to the executive	288
director, the attorney general, and the general assembly regarding	289
the carrying out of the purposes of sections 109.71 to 109.77 of	290
the Revised Code;	291

(4) Report to the attorney general from time to time, and to	292
the governor and the general assembly at least annually,	293
concerning the activities of the commission;	294

(5) Establish fees for the services the commission offers	295
under sections 109.71 to 109.79 of the Revised Code, including,	296
but not limited to, fees for training, certification, and testing;	297

(6) Perform such other acts as are necessary or appropriate	298
to carry out the powers and duties of the commission as set forth	299
in sections 109.71 to 109.77 of the Revised Code.	300

(D) In establishing the requirements, under division (A)(12)	301
of this section, the commission may consider any portions of the	302
curriculum for instruction on the topic of animal husbandry	303
practices, if any, of the Ohio state university college of	304
veterinary medicine. No person or entity that fails to provide	305
instruction on traditional animal husbandry methods and training	306
techniques, including customary owner-performed practices, shall	307
qualify to train a humane agent for appointment under section	308
1717.06 of the Revised Code.	309

Sec. 109.77.  (A) As used in this section, "felony" has the	310
same meaning as in section 109.511 of the Revised Code.	311

(B)(1) Notwithstanding any general, special, or local law or	312
charter to the contrary, and except as otherwise provided in this	313
section, no person shall receive an original appointment on a	314
permanent basis as any of the following unless the person	315
previously has been awarded a certificate by the executive	316
director of the Ohio peace officer training commission attesting	317
to the person's satisfactory completion of an approved state,	318
county, municipal, or department of natural resources peace	319
officer basic training program:	320

(a) A peace officer of any county, township, municipal	321
corporation, regional transit authority, or metropolitan housing	322
authority;	323

(b) A natural resources law enforcement staff officer, park	324
officer, forest officer, preserve officer, wildlife officer, or	325
state watercraft officer of the department of natural resources;	326

(c) An employee of a park district under section 511.232 or	327
1545.13 of the Revised Code;	328

(d) An employee of a conservancy district who is designated	329
pursuant to section 6101.75 of the Revised Code;	330

(e) A state university law enforcement officer;

331

(f) A special police officer employed by the department of	332
mental health pursuant to section 5119.14 of the Revised Code or	333
the department of mental retardation and developmental	334
disabilities pursuant to section 5123.13 of the Revised Code;	335

(g) An enforcement agent of the department of public safety	336
whom the director of public safety designates under section	337
5502.14 of the Revised Code;	338

(h) A special police officer employed by a port authority	339
under section 4582.04 or 4582.28 of the Revised Code;	340

(i) A special police officer employed by a municipal	341
corporation at a municipal airport, or other municipal air	342
navigation facility, that has scheduled operations, as defined in	343
section 119.3 of Title 14 of the Code of Federal Regulations, 14	344
C.F.R. 119.3, as amended, and that is required to be under a	345
security program and is governed by aviation security rules of the	346
transportation security administration of the United States	347
department of transportation as provided in Parts 1542. and 1544.	348
of Title 49 of the Code of Federal Regulations, as amended;	349

(j) A police officer of a police department of a regional	350
water and sewer district who is appointed under section 6119.63 of	351
the Revised Code.	352

(2) Every person who is appointed on a temporary basis or for	353
a probationary term or on other than a permanent basis as any of	354
the following shall forfeit the appointed position unless the	355
person previously has completed satisfactorily or, within the time	356
prescribed by rules adopted by the attorney general pursuant to	357
section 109.74 of the Revised Code, satisfactorily completes a	358
state, county, municipal, or department of natural resources peace	359
officer basic training program for temporary or probationary	360
officers and is awarded a certificate by the director attesting to	361
the satisfactory completion of the program:	362

(a) A peace officer of any county, township, municipal	363
corporation, regional transit authority, or metropolitan housing	364
authority;	365

(b) A natural resources law enforcement staff officer, park	366
officer, forest officer, preserve officer, wildlife officer, or	367
state watercraft officer of the department of natural resources;	368

(c) An employee of a park district under section 511.232 or	369
1545.13 of the Revised Code;	370

(d) An employee of a conservancy district who is designated	371
pursuant to section 6101.75 of the Revised Code;	372

(e) A special police officer employed by the department of	373
mental health pursuant to section 5119.14 of the Revised Code or	374
the department of mental retardation and developmental	375
disabilities pursuant to section 5123.13 of the Revised Code;	376

(f) An enforcement agent of the department of public safety	377
whom the director of public safety designates under section	378
5502.14 of the Revised Code;	379

(g) A special police officer employed by a port authority	380
under section 4582.04 or 4582.28 of the Revised Code;	381

(h) A special police officer employed by a municipal	382
corporation at a municipal airport, or other municipal air	383
navigation facility, that has scheduled operations, as defined in	384
section 119.3 of Title 14 of the Code of Federal Regulations, 14	385
C.F.R. 119.3, as amended, and that is required to be under a	386
security program and is governed by aviation security rules of the	387
transportation security administration of the United States	388
department of transportation as provided in Parts 1542. and 1544.	389
of Title 49 of the Code of Federal Regulations, as amended;	390

(i) A police officer of a police department of a regional	391
water and sewer district who is appointed under section 6119.63 of	392
the Revised Code.	393

(3) For purposes of division (B) of this section, a state,	394
county, municipal, or department of natural resources peace	395
officer basic training program, regardless of whether the program	396
is to be completed by peace officers appointed on a permanent or	397
temporary, probationary, or other nonpermanent basis, shall	398
include at least fifteen hours of training in the handling of the	399
offense of domestic violence, other types of domestic	400
violence-related offenses and incidents, and protection orders and	401
consent agreements issued or approved under section 2919.26 or	402
3113.31 of the Revised Code and at least six hours of crisis	403
intervention training. The requirement to complete fifteen hours	404
of training in the handling of the offense of domestic violence,	405
other types of domestic violence-related offenses and incidents,	406
and protection orders and consent agreements issued or approved	407
under section 2919.26 or 3113.31 of the Revised Code does not	408
apply to any person serving as a peace officer on March 27, 1979,	409
and the requirement to complete six hours of training in crisis	410
intervention does not apply to any person serving as a peace	411
officer on April 4, 1985. Any person who is serving as a peace	412
officer on April 4, 1985, who terminates that employment after	413
that date, and who subsequently is hired as a peace officer by the	414
same or another law enforcement agency shall complete the six	415
hours of training in crisis intervention within the time	416
prescribed by rules adopted by the attorney general pursuant to	417
section 109.742 of the Revised Code. No peace officer shall have	418
employment as a peace officer terminated and then be reinstated	419
with intent to circumvent this section.	420

(4) Division (B) of this section does not apply to any person	421
serving on a permanent basis on March 28, 1985, as a park officer,	422
forest officer, preserve officer, wildlife officer, or state	423
watercraft officer of the department of natural resources or as an	424
employee of a park district under section 511.232 or 1545.13 of	425
the Revised Code, to any person serving on a permanent basis on	426
March 6, 1986, as an employee of a conservancy district designated	427
pursuant to section 6101.75 of the Revised Code, to any person	428
serving on a permanent basis on January 10, 1991, as a preserve	429
officer of the department of natural resources, to any person	430
employed on a permanent basis on July 2, 1992, as a special police	431
officer by the department of mental health pursuant to section	432
5119.14 of the Revised Code or by the department of mental	433
retardation and developmental disabilities pursuant to section	434
5123.13 of the Revised Code, to any person serving on a permanent	435
basis on May 17, 2000, as a special police officer employed by a	436
port authority under section 4582.04 or 4582.28 of the Revised	437
Code, to any person serving on a permanent basis on the effective	438
date of this amendmentMarch 19, 2003, as a special police officer	439
employed by a municipal corporation at a municipal airport or	440
other municipal air navigation facility described in division	441
(A)(19) of section 109.71 of the Revised Code, to any person	442
serving on a permanent basis on June 19, 1978, as a state	443
university law enforcement officer pursuant to section 3345.04 of	444
the Revised Code and who, immediately prior to June 19, 1978, was	445
serving as a special police officer designated under authority of	446
that section, or to any person serving on a permanent basis on	447
September 20, 1984, as a liquor control investigator, known after	448
June 30, 1999, as an enforcement agent of the department of public	449
safety, engaged in the enforcement of Chapters 4301. and 4303. of	450
the Revised Code.	451

(5) Division (B) of this section does not apply to any person	452
who is appointed as a regional transit authority police officer	453
pursuant to division (Y) of section 306.35 of the Revised Code if,	454
on or before July 1, 1996, the person has completed satisfactorily	455
an approved state, county, municipal, or department of natural	456
resources peace officer basic training program and has been	457
awarded a certificate by the executive director of the Ohio peace	458
officer training commission attesting to the person's satisfactory	459
completion of such an approved program and if, on July 1, 1996,	460
the person is performing peace officer functions for a regional	461
transit authority.	462

(C) No person, after September 20, 1984, shall receive an	463
original appointment on a permanent basis as a veterans' home	464
police officer designated under section 5907.02 of the Revised	465
Code unless the person previously has been awarded a certificate	466
by the executive director of the Ohio peace officer training	467
commission attesting to the person's satisfactory completion of an	468
approved police officer basic training program. Every person who	469
is appointed on a temporary basis or for a probationary term or on	470
other than a permanent basis as a veterans' home police officer	471
designated under section 5907.02 of the Revised Code shall forfeit	472
that position unless the person previously has completed	473
satisfactorily or, within one year from the time of appointment,	474
satisfactorily completes an approved police officer basic training	475
program.	476

(D) No bailiff or deputy bailiff of a court of record of this	477
state and no criminal investigator who is employed by the state	478
public defender shall carry a firearm, as defined in section	479
2923.11 of the Revised Code, while on duty unless the bailiff,	480
deputy bailiff, or criminal investigator has done or received one	481
of the following:	482

(1) Has been awarded a certificate by the executive director	483
of the Ohio peace officer training commission, which certificate	484
attests to satisfactory completion of an approved state, county,	485
or municipal basic training program for bailiffs and deputy	486
bailiffs of courts of record and for criminal investigators	487
employed by the state public defender that has been recommended by	488
the Ohio peace officer training commission;	489

(2) Has successfully completed a firearms training program	490
approved by the Ohio peace officer training commission prior to	491
employment as a bailiff, deputy bailiff, or criminal investigator;	492

(3) Prior to June 6, 1986, was authorized to carry a firearm	493
by the court that employed the bailiff or deputy bailiff or, in	494
the case of a criminal investigator, by the state public defender	495
and has received training in the use of firearms that the Ohio	496
peace officer training commission determines is equivalent to the	497
training that otherwise is required by division (D) of this	498
section.	499

(E)(1) Before a person seeking a certificate completes an	500
approved peace officer basic training program, the executive	501
director of the Ohio peace officer training commission shall	502
request the person to disclose, and the person shall disclose, any	503
previous criminal conviction of or plea of guilty of that person	504
to a felony.	505

(2) Before a person seeking a certificate completes an	506
approved peace officer basic training program, the executive	507
director shall request a criminal history records check on the	508
person. The executive director shall submit the person's	509
fingerprints to the bureau of criminal identification and	510
investigation, which shall submit the fingerprints to the federal	511
bureau of investigation for a national criminal history records	512
check.	513

Upon receipt of the executive director's request, the bureau	514
of criminal identification and investigation and the federal	515
bureau of investigation shall conduct a criminal history records	516
check on the person and, upon completion of the check, shall	517
provide a copy of the criminal history records check to the	518
executive director. The executive director shall not award any	519
certificate prescribed in this section unless the executive	520
director has received a copy of the criminal history records check	521
on the person to whom the certificate is to be awarded.	522

(3) The executive director of the commission shall not award	523
a certificate prescribed in this section to a person who has been	524
convicted of or has pleaded guilty to a felony or who fails to	525
disclose any previous criminal conviction of or plea of guilty to	526
a felony as required under division (E)(1) of this section.	527

(4) The executive director of the commission shall revoke the	528
certificate awarded to a person as prescribed in this section, and	529
that person shall forfeit all of the benefits derived from being	530
certified as a peace officer under this section, if the person,	531
before completion of an approved peace officer basic training	532
program, failed to disclose any previous criminal conviction of or	533
plea of guilty to a felony as required under division (E)(1) of	534
this section.	535

(F)(1) Regardless of whether the person has been awarded the	536
certificate or has been classified as a peace officer prior to,	537
on, or after October 16, 1996, the executive director of the Ohio	538
peace officer training commission shall revoke any certificate	539
that has been awarded to a person as prescribed in this section if	540
the person does either of the following:	541

(a) Pleads guilty to a felony committed on or after January	542
1, 1997;	543

(b) Pleads guilty to a misdemeanor committed on or after	544
January 1, 1997, pursuant to a negotiated plea agreement as	545
provided in division (D) of section 2929.43 of the Revised Code in	546
which the person agrees to surrender the certificate awarded to	547
the person under this section.	548

(2) The executive director of the commission shall suspend	549
any certificate that has been awarded to a person as prescribed in	550
this section if the person is convicted, after trial, of a felony	551
committed on or after January 1, 1997. The executive director	552
shall suspend the certificate pursuant to division (F)(2) of this	553
section pending the outcome of an appeal by the person from that	554
conviction to the highest court to which the appeal is taken or	555
until the expiration of the period in which an appeal is required	556
to be filed. If the person files an appeal that results in that	557
person's acquittal of the felony or conviction of a misdemeanor,	558
or in the dismissal of the felony charge against that person, the	559
executive director shall reinstate the certificate awarded to the	560
person under this section. If the person files an appeal from that	561
person's conviction of the felony and the conviction is upheld by	562
the highest court to which the appeal is taken or if the person	563
does not file a timely appeal, the executive director shall revoke	564
the certificate awarded to the person under this section.	565

(G)(1) If a person is awarded a certificate under this	566
section and the certificate is revoked pursuant to division (E)(4)	567
or (F) of this section, the person shall not be eligible to	568
receive, at any time, a certificate attesting to the person's	569
satisfactory completion of a peace officer basic training program.	570

(2) The revocation or suspension of a certificate under	571
division (E)(4) or (F) of this section shall be in accordance with	572
Chapter 119. of the Revised Code.	573

(H)(1) A person who was employed as a peace officer of a	574
county, township, or municipal corporation of the state on January	575
1, 1966, and who has completed at least sixteen years of full-time	576
active service as such a peace officer may receive an original	577
appointment on a permanent basis and serve as a peace officer of a	578
county, township, or municipal corporation, or as a state	579
university law enforcement officer, without complying with the	580
requirements of division (B) of this section.	581

(2) Any person who held an appointment as a state highway	582
trooper on January 1, 1966, may receive an original appointment on	583
a permanent basis and serve as a peace officer of a county,	584
township, or municipal corporation, or as a state university law	585
enforcement officer, without complying with the requirements of	586
division (B) of this section.	587

(I) No person who is appointed as a peace officer of a	588
county, township, or municipal corporation on or after April 9,	589
1985, shall serve as a peace officer of that county, township, or	590
municipal corporation unless the person has received training in	591
the handling of missing children and child abuse and neglect cases	592
from an approved state, county, township, or municipal police	593
officer basic training program or receives the training within the	594
time prescribed by rules adopted by the attorney general pursuant	595
to section 109.741 of the Revised Code.	596

(J) No part of any approved state, county, or municipal basic	597
training program for bailiffs and deputy bailiffs of courts of	598
record and no part of any approved state, county, or municipal	599
basic training program for criminal investigators employed by the	600
state public defender shall be used as credit toward the	601
completion by a peace officer of any part of the approved state,	602
county, or municipal peace officer basic training program that the	603
peace officer is required by this section to complete	604
satisfactorily.	605

(K) This section does not apply to any member of the police	606
department of a municipal corporation in an adjoining state	607
serving in this state under a contract pursuant to section 737.04	608
of the Revised Code.	609

Sec. 6119.60.  As used in sections 6119.60 to 6119.64 of the	610
Revised Code:	611

(A) "Authorizing agreement" means the written agreement	612
entered into between a regional water and sewer district and a	613
political subdivision under section 6119.62 of the Revised Code	614
for the provision of police services within the political	615
subdivision by the police department of the regional water and	616
sewer district.	617

(B) "Felony" has the same meaning as in section 109.511 of	618
the Revised Code.	619

(C) "Political subdivision" means a county, township, or	620
municipal corporation.	621

Sec. 6119.61.  Subject to the requirements and limitations	622
established in sections 6119.60 to 6119.64 of the Revised Code,	623
the board of trustees of a regional water and sewer district may	624
establish a police department to provide police services within or	625
at facilities that are owned, operated, or leased by the district	626
within one or more political subdivisions, provided that the	627
district has entered into an authorizing agreement with each	628
political subdivision within which it intends to provide police	629
services.	630

Sec. 6119.62.  (A) A regional water and sewer district	631
seeking to establish a police department under sections 6119.60 to	632
6119.64 of the Revised Code shall enter into an authorizing	633
agreement with each political subdivision within which the	634
district intends to provide police services within or at	635
facilities that are owned, operated, or leased by the district.	636
Such an agreement shall be entered into with the chief of police	637
of the political subdivision by the board of trustees of the	638
district and shall apply only to that political subdivision. The	639
district shall enter into a separate authorizing agreement with	640
each political subdivision within which the police department of	641
the district will provide police services.	642

(B) An authorizing agreement may include, but is not limited	643
to, both of the following:	644

(1) An identification of the geographic territory within the	645
political subdivision in which the police department established	646
by the regional water and sewer district may provide police	647
services;	648

(2) Standards and criteria governing the interaction between	649
the police officers employed by the police department established	650
by the district and the law enforcement officers employed by the	651
political subdivision. The standards and criteria may include, but	652
are not limited to, either or both of the following:	653

(a) Provisions governing the reporting of offenses discovered	654
by the police officers employed by the district police department	655
to the police department of the political subdivision;	656

(b) Provisions governing the processing and confinement of	657
persons arrested by police officers employed by the district	658
police department.	659

(C) An authorizing agreement shall not require, or contain	660
any provision granting authority to, the chief of police or any	661
other officer, official, or employee of a political subdivision to	662
appoint, or to approve or disapprove the appointment of, a police	663
officer of a regional water and sewer district police department.	664
An authorizing agreement shall comply with any applicable	665
provisions of the Revised Code and with any charter, ordinance,	666
resolution, or regulation of the applicable political subdivision	667
that may apply to it.	668

Sec. 6119.63.  (A) The board of trustees of a regional water	669
and sewer district that establishes a police department under	670
sections 6119.60 to 6119.64 of the Revised Code may appoint and	671
employ persons as police officers of the department. District	672
police officers shall have the power and duty to act as peace	673
officers within or at facilities that are owned, operated, or	674
leased by the district, to protect the regional water and sewer	675
district's property, to preserve the peace, and to enforce all	676
laws of the state and all charter provisions, ordinances,	677
resolutions, and regulations of political subdivisions with which	678
the district has authorizing agreements.	679

No person who is appointed and employed as a police officer	680
under this section shall engage in any duties or activities as a	681
police officer within a political subdivision unless both of the	682
following apply:	683

(1) The person successfully has completed a training program	684
approved by the Ohio peace officer training commission and has	685
been certified by the commission as having successfully completed	686
the training program, or the person previously has successfully	687
completed a police officer basic training program certified by the	688
commission and has been awarded a certificate to that effect by	689
the commission.	690

(2) The regional water and sewer district has entered into an	691
authorizing agreement with the chief of police of the political	692
subdivision.	693

(B) A person who is appointed and employed as a police	694
officer by a regional water and sewer district police department	695
under this section may act as a police officer only to the extent	696
and in the manner described in sections 6119.60 to 6119.64 of the	697
Revised Code and in rules of the district when directly engaged in	698
the discharge of that person's duties as a police officer for the	699
district. Before exercising powers of arrest and other powers and	700
duties of a peace officer, a regional water and sewer district	701
police officer shall take an oath and give bond to the state, in	702
an amount that the board of trustees of the district prescribes,	703
for the proper exercise of those powers.	704

(C)(1) The board of trustees of a regional water and sewer	705
district that establishes a police department shall not appoint a	706
person as a police officer of the department on a permanent basis,	707
on a temporary basis, for a probationary term, or on other than a	708
permanent basis if the person previously has been convicted of or	709
has pleaded guilty to a felony.	710

(2)(a) The board of trustees of a district shall terminate	711
the employment of a police officer of its police department if the	712
police officer does either of the following:	713

(i) Pleads guilty to a felony;

714

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	715
plea agreement as provided in division (D) of section 2929.43 of	716
the Revised Code in which the police officer agrees to surrender	717
the certificate awarded to the police officer under section 109.77	718
of the Revised Code.	719

(b) The board of trustees of a district shall suspend from	720
employment a police officer of its police department if the police	721
officer is convicted, after trial, of a felony. If the police	722
officer files an appeal from that conviction and the conviction is	723
upheld by the highest court to which the appeal is taken or if the	724
police officer does not file a timely appeal, the board shall	725
terminate the employment of the police officer. If the police	726
officer files an appeal that results in the police officer's	727
acquittal of the felony or conviction of a misdemeanor, or in the	728
dismissal of the felony charge against the police officer, the	729
board shall reinstate the police officer. A police officer who is	730
reinstated under division (B)(2)(b) of this section shall not	731
receive any back pay unless the police officer's conviction of the	732
felony was reversed on appeal, or the felony charge was dismissed,	733
because the court found insufficient evidence to convict the	734
police officer of the felony.	735

Sec. 6119.64.  If a regional water and sewer district	736
establishes a police department under sections 6119.60 to 6119.64	737
of the Revised Code, the district, within the geographical	738
territory of a political subdivision with which the district has	739
entered into an authorizing agreement, concurrently with the	740
political subdivision shall preserve the peace, protect persons	741
and property, enforce the laws of the state, and enforce the	742
charter provisions, ordinances, resolutions, and regulations, as	743
applicable, of the political subdivision that apply within that	744
geographical territory. Except as limited by the terms of the	745
authorizing agreement, a police officer who is appointed and	746
employed by a police department established by a district and who	747
satisfies the requirement established in division (A)(1) of	748
section 6119.63 of the Revised Code is vested, while directly in	749
the discharge of that police officer's duties as a police officer,	750
with the same powers and authority as are vested in a police	751
officer of a political subdivision under Title XXIX of the Revised	752
Code and the Rules of Criminal Procedure and with the same powers	753
and authority, including the operation of a public safety vehicle,	754
as are vested in a police officer of a political subdivision under	755
Chapter 4511. of the Revised Code. In addition, a police officer	756
who is appointed and employed by a police department established	757
by a district may render emergency assistance to another peace	758
officer if there is a threat of imminent physical danger to the	759
peace officer, a threat of physical harm to another person, or any	760
other serious emergency situation and if either the peace officer	761
who is assisted requests emergency assistance or it appears that	762
the peace officer who is assisted is unable to request emergency	763
assistance and the circumstances observed by the regional water	764
and sewer district police officer reasonably indicate that	765
emergency assistance is appropriate.	766

Section 2. That existing sections 109.71, 109.73, and 109.77	767
of the Revised Code are hereby repealed.	768

Section 3.  Section 109.77 of the Revised Code is presented	769
in this act as a composite of the section as amended by Am. Sub.	770
H.B. 490, Sub. H.B. 545, and H.B. 675 of the 124th General	771
Assembly. The General Assembly, applying the principle stated in	772
division (B) of section 1.52 of the Revised Code that amendments	773
are to be harmonized if reasonably capable of simultaneous	774
operation, finds that the composite is the resulting version of	775
the section in effect prior to the effective date of the section	776
as presented in this act.	777