Bill Text: OH HB164 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-04-29 - To Public Safety & Homeland Security [HB164 Detail]

Download: Ohio-2009-HB164-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 164

Representative Miller 

Cosponsors: Representatives Luckie, Pryor 

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A BILL

To amend sections 109.57, 109.71, 109.77, 145.01,

1

145.33, 2921.51, 2935.01, 2935.03, 2935.031, and

2

2935.24 and to enact section 3313.175 of the

3

Revised Code to authorize a board of education of

4

a school district or governing board of an

5

educational service center to employ public high

6

school law enforcement officers, to provide that

7

public high school law enforcement officers are

8

members of the Ohio Public Employees Retirement

9

System, to prohibit the impersonation of a public

10

high school law enforcement officer, and to

11

specify the powers of arrest and citation of

12

public high school law enforcement officers.

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

Section 1. That sections 109.57, 109.71, 109.77, 145.01,	14
145.33, 2921.51, 2935.01, 2935.03, 2935.031, and 2935.24 be	15
amended and section 3313.175 of the Revised Code be enacted to	16
read as follows:	17

Sec. 109.57.  (A)(1) The superintendent of the bureau of	18
criminal identification and investigation shall procure from	19
wherever procurable and file for record photographs, pictures,	20
descriptions, fingerprints, measurements, and other information	21
that may be pertinent of all persons who have been convicted of	22
committing within this state a felony, any crime constituting a	23
misdemeanor on the first offense and a felony on subsequent	24
offenses, or any misdemeanor described in division (A)(1)(a),	25
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	26
of all children under eighteen years of age who have been	27
adjudicated delinquent children for committing within this state	28
an act that would be a felony or an offense of violence if	29
committed by an adult or who have been convicted of or pleaded	30
guilty to committing within this state a felony or an offense of	31
violence, and of all well-known and habitual criminals. The	32
person in charge of any county, multicounty, municipal,	33
municipal-county, or multicounty-municipal jail or workhouse,	34
community-based correctional facility, halfway house, alternative	35
residential facility, or state correctional institution and the	36
person in charge of any state institution having custody of a	37
person suspected of having committed a felony, any crime	38
constituting a misdemeanor on the first offense and a felony on	39
subsequent offenses, or any misdemeanor described in division	40
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	41
Revised Code or having custody of a child under eighteen years of	42
age with respect to whom there is probable cause to believe that	43
the child may have committed an act that would be a felony or an	44
offense of violence if committed by an adult shall furnish such	45
material to the superintendent of the bureau. Fingerprints,	46
photographs, or other descriptive information of a child who is	47
under eighteen years of age, has not been arrested or otherwise	48
taken into custody for committing an act that would be a felony	49
or an offense of violence who is not in any other category of	50
child specified in this division, if committed by an adult, has	51
not been adjudicated a delinquent child for committing an act	52
that would be a felony or an offense of violence if committed by	53
an adult, has not been convicted of or pleaded guilty to	54
committing a felony or an offense of violence, and is not a child	55
with respect to whom there is probable cause to believe that the	56
child may have committed an act that would be a felony or an	57
offense of violence if committed by an adult shall not be	58
procured by the superintendent or furnished by any person in	59
charge of any county, multicounty, municipal, municipal-county,	60
or multicounty-municipal jail or workhouse, community-based	61
correctional facility, halfway house, alternative residential	62
facility, or state correctional institution, except as authorized	63
in section 2151.313 of the Revised Code.	64

(2) Every clerk of a court of record in this state, other	65
than the supreme court or a court of appeals, shall send to the	66
superintendent of the bureau a weekly report containing a summary	67
of each case involving a felony, involving any crime constituting	68
a misdemeanor on the first offense and a felony on subsequent	69
offenses, involving a misdemeanor described in division (A)(1)(a),	70
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	71
or involving an adjudication in a case in which a child under	72
eighteen years of age was alleged to be a delinquent child for	73
committing an act that would be a felony or an offense of	74
violence if committed by an adult. The clerk of the court of	75
common pleas shall include in the report and summary the clerk	76
sends under this division all information described in divisions	77
(A)(2)(a) to (f) of this section regarding a case before the	78
court of appeals that is served by that clerk. The summary shall	79
be written on the standard forms furnished by the superintendent	80
pursuant to division (B) of this section and shall include the	81
following information:	82

(a) The incident tracking number contained on the standard	83
forms furnished by the superintendent pursuant to division (B) of	84
this section;	85

(b) The style and number of the case;

86

(c) The date of arrest, offense, summons, or arraignment;

87

(d) The date that the person was convicted of or pleaded	88
guilty to the offense, adjudicated a delinquent child for	89
committing the act that would be a felony or an offense of	90
violence if committed by an adult, found not guilty of the	91
offense, or found not to be a delinquent child for committing an	92
act that would be a felony or an offense of violence if committed	93
by an adult, the date of an entry dismissing the charge, an entry	94
declaring a mistrial of the offense in which the person is	95
discharged, an entry finding that the person or child is not	96
competent to stand trial, or an entry of a nolle prosequi, or the	97
date of any other determination that constitutes final resolution	98
of the case;	99

(e) A statement of the original charge with the section of	100
the Revised Code that was alleged to be violated;	101

(f) If the person or child was convicted, pleaded guilty, or	102
was adjudicated a delinquent child, the sentence or terms of	103
probation imposed or any other disposition of the offender or the	104
delinquent child.	105

If the offense involved the disarming of a law enforcement	106
officer or an attempt to disarm a law enforcement officer, the	107
clerk shall clearly state that fact in the summary, and the	108
superintendent shall ensure that a clear statement of that fact is	109
placed in the bureau's records.	110

(3) The superintendent shall cooperate with and assist	111
sheriffs, chiefs of police, and other law enforcement officers in	112
the establishment of a complete system of criminal identification	113
and in obtaining fingerprints and other means of identification of	114
all persons arrested on a charge of a felony, any crime	115
constituting a misdemeanor on the first offense and a felony on	116
subsequent offenses, or a misdemeanor described in division	117
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	118
Revised Code and of all children under eighteen years of age	119
arrested or otherwise taken into custody for committing an act	120
that would be a felony or an offense of violence if committed by	121
an adult. The superintendent also shall file for record the	122
fingerprint impressions of all persons confined in a county,	123
multicounty, municipal, municipal-county, or multicounty-municipal	124
jail or workhouse, community-based correctional facility, halfway	125
house, alternative residential facility, or state correctional	126
institution for the violation of state laws and of all children	127
under eighteen years of age who are confined in a county,	128
multicounty, municipal, municipal-county, or multicounty-municipal	129
jail or workhouse, community-based correctional facility, halfway	130
house, alternative residential facility, or state correctional	131
institution or in any facility for delinquent children for	132
committing an act that would be a felony or an offense of violence	133
if committed by an adult, and any other information that the	134
superintendent may receive from law enforcement officials of the	135
state and its political subdivisions.	136

(4) The superintendent shall carry out Chapter 2950. of the	137
Revised Code with respect to the registration of persons who are	138
convicted of or plead guilty to a sexually oriented offense or a	139
child-victim oriented offense and with respect to all other duties	140
imposed on the bureau under that chapter.	141

(5) The bureau shall perform centralized recordkeeping	142
functions for criminal history records and services in this state	143
for purposes of the national crime prevention and privacy compact	144
set forth in section 109.571 of the Revised Code and is the	145
criminal history record repository as defined in that section for	146
purposes of that compact. The superintendent or the	147
superintendent's designee is the compact officer for purposes of	148
that compact and shall carry out the responsibilities of the	149
compact officer specified in that compact.	150

(B) The superintendent shall prepare and furnish to every	151
county, multicounty, municipal, municipal-county, or	152
multicounty-municipal jail or workhouse, community-based	153
correctional facility, halfway house, alternative residential	154
facility, or state correctional institution and to every clerk of	155
a court in this state specified in division (A)(2) of this section	156
standard forms for reporting the information required under	157
division (A) of this section. The standard forms that the	158
superintendent prepares pursuant to this division may be in a	159
tangible format, in an electronic format, or in both tangible	160
formats and electronic formats.	161

(C)(1) The superintendent may operate a center for	162
electronic, automated, or other data processing for the storage	163
and retrieval of information, data, and statistics pertaining to	164
criminals and to children under eighteen years of age who are	165
adjudicated delinquent children for committing an act that would	166
be a felony or an offense of violence if committed by an adult,	167
criminal activity, crime prevention, law enforcement, and criminal	168
justice, and may establish and operate a statewide communications	169
network to gather and disseminate information, data, and	170
statistics for the use of law enforcement agencies and for other	171
uses specified in this division. The superintendent may gather,	172
store, retrieve, and disseminate information, data, and statistics	173
that pertain to children who are under eighteen years of age and	174
that are gathered pursuant to sections 109.57 to 109.61 of the	175
Revised Code together with information, data, and statistics that	176
pertain to adults and that are gathered pursuant to those	177
sections.	178

(2) The superintendent or the superintendent's designee shall	179
gather information of the nature described in division (C)(1) of	180
this section that pertains to the offense and delinquency history	181
of a person who has been convicted of, pleaded guilty to, or been	182
adjudicated a delinquent child for committing a sexually oriented	183
offense or a child-victim oriented offense for inclusion in the	184
state registry of sex offenders and child-victim offenders	185
maintained pursuant to division (A)(1) of section 2950.13 of the	186
Revised Code and in the internet database operated pursuant to	187
division (A)(13) of that section and for possible inclusion in the	188
internet database operated pursuant to division (A)(11) of that	189
section.	190

(3) In addition to any other authorized use of information,	191
data, and statistics of the nature described in division (C)(1)	192
of this section, the superintendent or the superintendent's	193
designee may provide and exchange the information, data, and	194
statistics pursuant to the national crime prevention and privacy	195
compact as described in division (A)(5) of this section.	196

(D) The information and materials furnished to the	197
superintendent pursuant to division (A) of this section and	198
information and materials furnished to any board or person under	199
division (F) or (G) of this section are not public records under	200
section 149.43 of the Revised Code. The superintendent or the	201
superintendent's designee shall gather and retain information so	202
furnished under division (A) of this section that pertains to the	203
offense and delinquency history of a person who has been convicted	204
of, pleaded guilty to, or been adjudicated a delinquent child for	205
committing a sexually oriented offense or a child-victim oriented	206
offense for the purposes described in division (C)(2) of this	207
section.	208

(E) The attorney general shall adopt rules, in accordance	209
with Chapter 119. of the Revised Code, setting forth the procedure	210
by which a person may receive or release information gathered by	211
the superintendent pursuant to division (A) of this section. A	212
reasonable fee may be charged for this service. If a temporary	213
employment service submits a request for a determination of	214
whether a person the service plans to refer to an employment	215
position has been convicted of or pleaded guilty to an offense	216
listed in division (A)(1), (3), (4), (5), or (6) of section	217
109.572 of the Revised Code, the request shall be treated as a	218
single request and only one fee shall be charged.	219

(F)(1) As used in division (F)(2) of this section, "head	220
start agency" means an entity in this state that has been approved	221
to be an agency for purposes of subchapter II of the "Community	222
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	223
as amended.	224

(2)(a) In addition to or in conjunction with any request that	225
is required to be made under section 109.572, 2151.86, 3301.32,	226
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	227
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	228
Code or that is made under section 3314.41, 3319.392, or 3326.25	229
of the Revised Code, the board of education of any school	230
district; the director of mental retardation and developmental	231
disabilities; any county board of mental retardation and	232
developmental disabilities; any entity under contract with a	233
county board of mental retardation and developmental	234
disabilities; the chief administrator of any chartered nonpublic	235
school; the chief administrator of any home health agency; the	236
chief administrator of or person operating any child day-care	237
center, type A family day-care home, or type B family day-care	238
home licensed or certified under Chapter 5104. of the Revised	239
Code; the administrator of any type C family day-care home	240
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	241
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	242
general assembly; the chief administrator of any head start	243
agency; the executive director of a public children services	244
agency; a private company described in section 3314.41, 3319.392,	245
or 3326.25 of the Revised Code; or an employer described in	246
division (J)(2) of section 3327.10 of the Revised Code may	247
request that the superintendent of the bureau investigate and	248
determine, with respect to any individual who has applied for	249
employment in any position after October 2, 1989, or any	250
individual wishing to apply for employment with a board of	251
education may request, with regard to the individual, whether the	252
bureau has any information gathered under division (A) of this	253
section that pertains to that individual. On receipt of the	254
request, the superintendent shall determine whether that	255
information exists and, upon request of the person, board, or	256
entity requesting information, also shall request from the	257
federal bureau of investigation any criminal records it has	258
pertaining to that individual. The superintendent or the	259
superintendent's designee also may request criminal history	260
records from other states or the federal government pursuant to	261
the national crime prevention and privacy compact set forth in	262
section 109.571 of the Revised Code. Within thirty days of the	263
date that the superintendent receives a request, the	264
superintendent shall send to the board, entity, or person a	265
report of any information that the superintendent determines	266
exists, including information contained in records that have been	267
sealed under section 2953.32 of the Revised Code, and, within	268
thirty days of its receipt, shall send the board, entity, or	269
person a report of any information received from the federal	270
bureau of investigation, other than information the dissemination	271
of which is prohibited by federal law.	272

(b) When a board of education is required to receive	273
information under this section as a prerequisite to employment of	274
an individual pursuant to section 3319.39 of the Revised Code,	275
except for employment of an individual as a public high school law	276
enforcement officer under section 3313.175 of the Revised Code, it	277
may accept a certified copy of records that were issued by the	278
bureau of criminal identification and investigation and that are	279
presented by an individual applying for employment with the	280
district in lieu of requesting that information itself. In such a	281
case, the board shall accept the certified copy issued by the	282
bureau in order to make a photocopy of it for that individual's	283
employment application documents and shall return the certified	284
copy to the individual. In a case of that nature, a district only	285
shall accept a certified copy of records of that nature within one	286
year after the date of their issuance by the bureau.	287

(3) The state board of education may request, with respect to	288
any individual who has applied for employment after October 2,	289
1989, in any position with the state board or the department of	290
education, any information that a school district board of	291
education is authorized to request under division (F)(2) of this	292
section, and the superintendent of the bureau shall proceed as if	293
the request has been received from a school district board of	294
education under division (F)(2) of this section.	295

(4) When the superintendent of the bureau receives a request	296
for information under section 3319.291 of the Revised Code, the	297
superintendent shall proceed as if the request has been received	298
from a school district board of education under division (F)(2) of	299
this section.	300

(5) When a recipient of a classroom reading improvement grant	301
paid under section 3301.86 of the Revised Code requests, with	302
respect to any individual who applies to participate in providing	303
any program or service funded in whole or in part by the grant,	304
the information that a school district board of education is	305
authorized to request under division (F)(2)(a) of this section,	306
the superintendent of the bureau shall proceed as if the request	307
has been received from a school district board of education under	308
division (F)(2)(a) of this section.	309

(G) In addition to or in conjunction with any request that is	310
required to be made under section 3701.881, 3712.09, 3721.121, or	311
3722.151 of the Revised Code with respect to an individual who has	312
applied for employment in a position that involves providing	313
direct care to an older adult, the chief administrator of a home	314
health agency, hospice care program, home licensed under Chapter	315
3721. of the Revised Code, adult day-care program operated	316
pursuant to rules adopted under section 3721.04 of the Revised	317
Code, or adult care facility may request that the superintendent	318
of the bureau investigate and determine, with respect to any	319
individual who has applied after January 27, 1997, for employment	320
in a position that does not involve providing direct care to an	321
older adult, whether the bureau has any information gathered under	322
division (A) of this section that pertains to that individual.	323

In addition to or in conjunction with any request that is	324
required to be made under section 173.27 of the Revised Code with	325
respect to an individual who has applied for employment in a	326
position that involves providing ombudsperson services to	327
residents of long-term care facilities or recipients of	328
community-based long-term care services, the state long-term care	329
ombudsperson, ombudsperson's designee, or director of health may	330
request that the superintendent investigate and determine, with	331
respect to any individual who has applied for employment in a	332
position that does not involve providing such ombudsperson	333
services, whether the bureau has any information gathered under	334
division (A) of this section that pertains to that applicant.	335

In addition to or in conjunction with any request that is	336
required to be made under section 173.394 of the Revised Code with	337
respect to an individual who has applied for employment in a	338
position that involves providing direct care to an individual, the	339
chief administrator of a community-based long-term care agency may	340
request that the superintendent investigate and determine, with	341
respect to any individual who has applied for employment in a	342
position that does not involve providing direct care, whether the	343
bureau has any information gathered under division (A) of this	344
section that pertains to that applicant.	345

On receipt of a request under this division, the	346
superintendent shall determine whether that information exists	347
and, on request of the individual requesting information, shall	348
also request from the federal bureau of investigation any criminal	349
records it has pertaining to the applicant. The superintendent or	350
the superintendent's designee also may request criminal history	351
records from other states or the federal government pursuant to	352
the national crime prevention and privacy compact set forth in	353
section 109.571 of the Revised Code. Within thirty days of the	354
date a request is received, the superintendent shall send to the	355
requester a report of any information determined to exist,	356
including information contained in records that have been sealed	357
under section 2953.32 of the Revised Code, and, within thirty days	358
of its receipt, shall send the requester a report of any	359
information received from the federal bureau of investigation,	360
other than information the dissemination of which is prohibited by	361
federal law.	362

(H) Information obtained by a government entity or person	363
under this section is confidential and shall not be released or	364
disseminated.	365

(I) The superintendent may charge a reasonable fee for	366
providing information or criminal records under division (F)(2) or	367
(G) of this section.	368

(J) As used in this section, "sexually oriented offense" and	369
"child-victim oriented offense" have the same meanings as in	370
section 2950.01 of the Revised Code.	371

Sec. 109.71.  There is hereby created in the office of the	372
attorney general the Ohio peace officer training commission. The	373
commission shall consist of nine members appointed by the governor	374
with the advice and consent of the senate and selected as follows:	375
one member representing the public; two members who are incumbent	376
sheriffs; two members who are incumbent chiefs of police; one	377
member from the bureau of criminal identification and	378
investigation; one member from the state highway patrol; one	379
member who is the special agent in charge of a field office of the	380
federal bureau of investigation in this state; and one member from	381
the department of education, trade and industrial education	382
services, law enforcement training.	383

This section does not confer any arrest authority or any	384
ability or authority to detain a person, write or issue any	385
citation, or provide any disposition alternative, as granted under	386
Chapter 2935. of the Revised Code.	387

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

388

(A) "Peace officer" means:

389

(1) A deputy sheriff, marshal, deputy marshal, member of the	390
organized police department of a township or municipal	391
corporation, member of a township police district or joint	392
township police district police force, member of a police force	393
employed by a metropolitan housing authority under division (D) of	394
section 3735.31 of the Revised Code, or township constable, who is	395
commissioned and employed as a peace officer by a political	396
subdivision of this state or by a metropolitan housing authority,	397
and whose primary duties are to preserve the peace, to protect	398
life and property, and to enforce the laws of this state,	399
ordinances of a municipal corporation, resolutions of a township,	400
or regulations of a board of county commissioners or board of	401
township trustees, or any of those laws, ordinances, resolutions,	402
or regulations;	403

(2) A police officer who is employed by a railroad company	404
and appointed and commissioned by the secretary of state pursuant	405
to sections 4973.17 to 4973.22 of the Revised Code;	406

(3) Employees of the department of taxation engaged in the	407
enforcement of Chapter 5743. of the Revised Code and designated by	408
the tax commissioner for peace officer training for purposes of	409
the delegation of investigation powers under section 5743.45 of	410
the Revised Code;	411

(4) An undercover drug agent;

412

(5) Enforcement agents of the department of public safety	413
whom the director of public safety designates under section	414
5502.14 of the Revised Code;	415

(6) An employee of the department of natural resources who is	416
a natural resources law enforcement staff officer designated	417
pursuant to section 1501.013, a park officer designated pursuant	418
to section 1541.10, a forest officer designated pursuant to	419
section 1503.29, a preserve officer designated pursuant to section	420
1517.10, a wildlife officer designated pursuant to section	421
1531.13, or a state watercraft officer designated pursuant to	422
section 1547.521 of the Revised Code;	423

(7) An employee of a park district who is designated pursuant	424
to section 511.232 or 1545.13 of the Revised Code;	425

(8) An employee of a conservancy district who is designated	426
pursuant to section 6101.75 of the Revised Code;	427

(9) A police officer who is employed by a hospital that	428
employs and maintains its own proprietary police department or	429
security department, and who is appointed and commissioned by the	430
secretary of state pursuant to sections 4973.17 to 4973.22 of the	431
Revised Code;	432

(10) Veterans' homes police officers designated under section	433
5907.02 of the Revised Code;	434

(11) A police officer who is employed by a qualified	435
nonprofit corporation police department pursuant to section	436
1702.80 of the Revised Code;	437

(12) A state university law enforcement officer appointed	438
under section 3345.04 of the Revised Code or a person serving as a	439
state university law enforcement officer on a permanent basis on	440
June 19, 1978, who has been awarded a certificate by the executive	441
director of the Ohio peace officer training commission attesting	442
to the person's satisfactory completion of an approved state,	443
county, municipal, or department of natural resources peace	444
officer basic training program;	445

(13) A special police officer employed by the department of	446
mental health pursuant to section 5119.14 of the Revised Code or	447
the department of mental retardation and developmental	448
disabilities pursuant to section 5123.13 of the Revised Code;	449

(14) A member of a campus police department appointed under	450
section 1713.50 of the Revised Code;	451

(15) A member of a police force employed by a regional	452
transit authority under division (Y) of section 306.35 of the	453
Revised Code;	454

(16) Investigators appointed by the auditor of state pursuant	455
to section 117.091 of the Revised Code and engaged in the	456
enforcement of Chapter 117. of the Revised Code;	457

(17) A special police officer designated by the	458
superintendent of the state highway patrol pursuant to section	459
5503.09 of the Revised Code or a person who was serving as a	460
special police officer pursuant to that section on a permanent	461
basis on October 21, 1997, and who has been awarded a certificate	462
by the executive director of the Ohio peace officer training	463
commission attesting to the person's satisfactory completion of an	464
approved state, county, municipal, or department of natural	465
resources peace officer basic training program;	466

(18) A special police officer employed by a port authority	467
under section 4582.04 or 4582.28 of the Revised Code or a person	468
serving as a special police officer employed by a port authority	469
on a permanent basis on May 17, 2000, who has been awarded a	470
certificate by the executive director of the Ohio peace officer	471
training commission attesting to the person's satisfactory	472
completion of an approved state, county, municipal, or department	473
of natural resources peace officer basic training program;	474

(19) A special police officer employed by a municipal	475
corporation who has been awarded a certificate by the executive	476
director of the Ohio peace officer training commission for	477
satisfactory completion of an approved peace officer basic	478
training program and who is employed on a permanent basis on or	479
after March 19, 2003, at a municipal airport, or other municipal	480
air navigation facility, that has scheduled operations, as defined	481
in section 119.3 of Title 14 of the Code of Federal Regulations,	482
14 C.F.R. 119.3, as amended, and that is required to be under a	483
security program and is governed by aviation security rules of the	484
transportation security administration of the United States	485
department of transportation as provided in Parts 1542. and 1544.	486
of Title 49 of the Code of Federal Regulations, as amended;	487

(20) A police officer who is employed by an owner or operator	488
of an amusement park that has an average yearly attendance in	489
excess of six hundred thousand guests and that employs and	490
maintains its own proprietary police department or security	491
department, and who is appointed and commissioned by a judge of	492
the appropriate municipal court or county court pursuant to	493
section 4973.17 of the Revised Code;	494

(21) A police officer who is employed by a bank, savings and	495
loan association, savings bank, credit union, or association of	496
banks, savings and loan associations, savings banks, or credit	497
unions, who has been appointed and commissioned by the secretary	498
of state pursuant to sections 4973.17 to 4973.22 of the Revised	499
Code, and who has been awarded a certificate by the executive	500
director of the Ohio peace officer training commission attesting	501
to the person's satisfactory completion of a state, county,	502
municipal, or department of natural resources peace officer basic	503
training program;	504

(22) An investigator, as defined in section 109.541 of the	505
Revised Code, of the bureau of criminal identification and	506
investigation who is commissioned by the superintendent of the	507
bureau as a special agent for the purpose of assisting law	508
enforcement officers or providing emergency assistance to peace	509
officers pursuant to authority granted under that section;	510

(23) A state fire marshal law enforcement officer appointed	511
under section 3737.22 of the Revised Code or a person serving as a	512
state fire marshal law enforcement officer on a permanent basis on	513
or after July 1, 1982, who has been awarded a certificate by the	514
executive director of the Ohio peace officer training commission	515
attesting to the person's satisfactory completion of an approved	516
state, county, municipal, or department of natural resources peace	517
officer basic training program;	518

(24) A public high school law enforcement officer employed	519
under section 3313.175 of the Revised Code.	520

(B) "Undercover drug agent" has the same meaning as in	521
division (B)(2) of section 109.79 of the Revised Code.	522

(C) "Crisis intervention training" means training in the use	523
of interpersonal and communication skills to most effectively and	524
sensitively interview victims of rape.	525

(D) "Missing children" has the same meaning as in section	526
2901.30 of the Revised Code.	527

Sec. 109.77.  (A) As used in this section, "felony" has the	528
same meaning as in section 109.511 of the Revised Code.	529

(B)(1) Notwithstanding any general, special, or local law or	530
charter to the contrary, and except as otherwise provided in this	531
section, no person shall receive an original appointment on a	532
permanent basis as any of the following unless the person	533
previously has been awarded a certificate by the executive	534
director of the Ohio peace officer training commission attesting	535
to the person's satisfactory completion of an approved state,	536
county, municipal, or department of natural resources peace	537
officer basic training program:	538

(a) A peace officer of any county, township, municipal	539
corporation, regional transit authority, or metropolitan housing	540
authority;	541

(b) A natural resources law enforcement staff officer, park	542
officer, forest officer, preserve officer, wildlife officer, or	543
state watercraft officer of the department of natural resources;	544

(c) An employee of a park district under section 511.232 or	545
1545.13 of the Revised Code;	546

(d) An employee of a conservancy district who is designated	547
pursuant to section 6101.75 of the Revised Code;	548

(e) A state university law enforcement officer;

549

(f) A special police officer employed by the department of	550
mental health pursuant to section 5119.14 of the Revised Code or	551
the department of mental retardation and developmental	552
disabilities pursuant to section 5123.13 of the Revised Code;	553

(g) An enforcement agent of the department of public safety	554
whom the director of public safety designates under section	555
5502.14 of the Revised Code;	556

(h) A special police officer employed by a port authority	557
under section 4582.04 or 4582.28 of the Revised Code;	558

(i) A special police officer employed by a municipal	559
corporation at a municipal airport, or other municipal air	560
navigation facility, that has scheduled operations, as defined in	561
section 119.3 of Title 14 of the Code of Federal Regulations, 14	562
C.F.R. 119.3, as amended, and that is required to be under a	563
security program and is governed by aviation security rules of the	564
transportation security administration of the United States	565
department of transportation as provided in Parts 1542. and 1544.	566
of Title 49 of the Code of Federal Regulations, as amended;	567

(j) A public high school law enforcement officer.

568

(2) Every person who is appointed on a temporary basis or for	569
a probationary term or on other than a permanent basis as any of	570
the following shall forfeit the appointed position unless the	571
person previously has completed satisfactorily or, within the time	572
prescribed by rules adopted by the attorney general pursuant to	573
section 109.74 of the Revised Code, satisfactorily completes a	574
state, county, municipal, or department of natural resources peace	575
officer basic training program for temporary or probationary	576
officers and is awarded a certificate by the director attesting to	577
the satisfactory completion of the program:	578

(a) A peace officer of any county, township, municipal	579
corporation, regional transit authority, or metropolitan housing	580
authority;	581

(b) A natural resources law enforcement staff officer, park	582
officer, forest officer, preserve officer, wildlife officer, or	583
state watercraft officer of the department of natural resources;	584

(c) An employee of a park district under section 511.232 or	585
1545.13 of the Revised Code;	586

(d) An employee of a conservancy district who is designated	587
pursuant to section 6101.75 of the Revised Code;	588

(e) A special police officer employed by the department of	589
mental health pursuant to section 5119.14 of the Revised Code or	590
the department of mental retardation and developmental	591
disabilities pursuant to section 5123.13 of the Revised Code;	592

(f) An enforcement agent of the department of public safety	593
whom the director of public safety designates under section	594
5502.14 of the Revised Code;	595

(g) A special police officer employed by a port authority	596
under section 4582.04 or 4582.28 of the Revised Code;	597

(h) A special police officer employed by a municipal	598
corporation at a municipal airport, or other municipal air	599
navigation facility, that has scheduled operations, as defined in	600
section 119.3 of Title 14 of the Code of Federal Regulations, 14	601
C.F.R. 119.3, as amended, and that is required to be under a	602
security program and is governed by aviation security rules of the	603
transportation security administration of the United States	604
department of transportation as provided in Parts 1542. and 1544.	605
of Title 49 of the Code of Federal Regulations, as amended.	606

(3) For purposes of division (B) of this section, a state,	607
county, municipal, or department of natural resources peace	608
officer basic training program, regardless of whether the program	609
is to be completed by peace officers appointed on a permanent or	610
temporary, probationary, or other nonpermanent basis, shall	611
include at least fifteen hours of training in the handling of the	612
offense of domestic violence, other types of domestic	613
violence-related offenses and incidents, and protection orders and	614
consent agreements issued or approved under section 2919.26 or	615
3113.31 of the Revised Code and at least six hours of crisis	616
intervention training. The requirement to complete fifteen hours	617
of training in the handling of the offense of domestic violence,	618
other types of domestic violence-related offenses and incidents,	619
and protection orders and consent agreements issued or approved	620
under section 2919.26 or 3113.31 of the Revised Code does not	621
apply to any person serving as a peace officer on March 27, 1979,	622
and the requirement to complete six hours of training in crisis	623
intervention does not apply to any person serving as a peace	624
officer on April 4, 1985. Any person who is serving as a peace	625
officer on April 4, 1985, who terminates that employment after	626
that date, and who subsequently is hired as a peace officer by the	627
same or another law enforcement agency shall complete the six	628
hours of training in crisis intervention within the time	629
prescribed by rules adopted by the attorney general pursuant to	630
section 109.742 of the Revised Code. No peace officer shall have	631
employment as a peace officer terminated and then be reinstated	632
with intent to circumvent this section.	633

(4) Division (B) of this section does not apply to any person	634
serving on a permanent basis on March 28, 1985, as a park officer,	635
forest officer, preserve officer, wildlife officer, or state	636
watercraft officer of the department of natural resources or as an	637
employee of a park district under section 511.232 or 1545.13 of	638
the Revised Code, to any person serving on a permanent basis on	639
March 6, 1986, as an employee of a conservancy district designated	640
pursuant to section 6101.75 of the Revised Code, to any person	641
serving on a permanent basis on January 10, 1991, as a preserve	642
officer of the department of natural resources, to any person	643
employed on a permanent basis on July 2, 1992, as a special police	644
officer by the department of mental health pursuant to section	645
5119.14 of the Revised Code or by the department of mental	646
retardation and developmental disabilities pursuant to section	647
5123.13 of the Revised Code, to any person serving on a permanent	648
basis on May 17, 2000, as a special police officer employed by a	649
port authority under section 4582.04 or 4582.28 of the Revised	650
Code, to any person serving on a permanent basis on the effective	651
date of this amendmentMarch 19, 2003, as a special police officer	652
employed by a municipal corporation at a municipal airport or	653
other municipal air navigation facility described in division	654
(A)(19) of section 109.71 of the Revised Code, to any person	655
serving on a permanent basis on June 19, 1978, as a state	656
university law enforcement officer pursuant to section 3345.04 of	657
the Revised Code and who, immediately prior to June 19, 1978, was	658
serving as a special police officer designated under authority of	659
that section, or to any person serving on a permanent basis on	660
September 20, 1984, as a liquor control investigator, known after	661
June 30, 1999, as an enforcement agent of the department of public	662
safety, engaged in the enforcement of Chapters 4301. and 4303. of	663
the Revised Code.	664

(5) Division (B) of this section does not apply to any person	665
who is appointed as a regional transit authority police officer	666
pursuant to division (Y) of section 306.35 of the Revised Code if,	667
on or before July 1, 1996, the person has completed satisfactorily	668
an approved state, county, municipal, or department of natural	669
resources peace officer basic training program and has been	670
awarded a certificate by the executive director of the Ohio peace	671
officer training commission attesting to the person's satisfactory	672
completion of such an approved program and if, on July 1, 1996,	673
the person is performing peace officer functions for a regional	674
transit authority.	675

(C) No person, after September 20, 1984, shall receive an	676
original appointment on a permanent basis as a veterans' home	677
police officer designated under section 5907.02 of the Revised	678
Code unless the person previously has been awarded a certificate	679
by the executive director of the Ohio peace officer training	680
commission attesting to the person's satisfactory completion of an	681
approved police officer basic training program. Every person who	682
is appointed on a temporary basis or for a probationary term or on	683
other than a permanent basis as a veterans' home police officer	684
designated under section 5907.02 of the Revised Code shall forfeit	685
that position unless the person previously has completed	686
satisfactorily or, within one year from the time of appointment,	687
satisfactorily completes an approved police officer basic training	688
program.	689

(D) No bailiff or deputy bailiff of a court of record of this	690
state and no criminal investigator who is employed by the state	691
public defender shall carry a firearm, as defined in section	692
2923.11 of the Revised Code, while on duty unless the bailiff,	693
deputy bailiff, or criminal investigator has done or received one	694
of the following:	695

(1) Has been awarded a certificate by the executive director	696
of the Ohio peace officer training commission, which certificate	697
attests to satisfactory completion of an approved state, county,	698
or municipal basic training program for bailiffs and deputy	699
bailiffs of courts of record and for criminal investigators	700
employed by the state public defender that has been recommended by	701
the Ohio peace officer training commission;	702

(2) Has successfully completed a firearms training program	703
approved by the Ohio peace officer training commission prior to	704
employment as a bailiff, deputy bailiff, or criminal investigator;	705

(3) Prior to June 6, 1986, was authorized to carry a firearm	706
by the court that employed the bailiff or deputy bailiff or, in	707
the case of a criminal investigator, by the state public defender	708
and has received training in the use of firearms that the Ohio	709
peace officer training commission determines is equivalent to the	710
training that otherwise is required by division (D) of this	711
section.	712

(E)(1) Before a person seeking a certificate completes an	713
approved peace officer basic training program, the executive	714
director of the Ohio peace officer training commission shall	715
request the person to disclose, and the person shall disclose, any	716
previous criminal conviction of or plea of guilty of that person	717
to a felony.	718

(2) Before a person seeking a certificate completes an	719
approved peace officer basic training program, the executive	720
director shall request a criminal history records check on the	721
person. The executive director shall submit the person's	722
fingerprints to the bureau of criminal identification and	723
investigation, which shall submit the fingerprints to the federal	724
bureau of investigation for a national criminal history records	725
check.	726

Upon receipt of the executive director's request, the bureau	727
of criminal identification and investigation and the federal	728
bureau of investigation shall conduct a criminal history records	729
check on the person and, upon completion of the check, shall	730
provide a copy of the criminal history records check to the	731
executive director. The executive director shall not award any	732
certificate prescribed in this section unless the executive	733
director has received a copy of the criminal history records check	734
on the person to whom the certificate is to be awarded.	735

(3) The executive director of the commission shall not award	736
a certificate prescribed in this section to a person who has been	737
convicted of or has pleaded guilty to a felony or who fails to	738
disclose any previous criminal conviction of or plea of guilty to	739
a felony as required under division (E)(1) of this section.	740

(4) The executive director of the commission shall revoke the	741
certificate awarded to a person as prescribed in this section, and	742
that person shall forfeit all of the benefits derived from being	743
certified as a peace officer under this section, if the person,	744
before completion of an approved peace officer basic training	745
program, failed to disclose any previous criminal conviction of or	746
plea of guilty to a felony as required under division (E)(1) of	747
this section.	748

(F)(1) Regardless of whether the person has been awarded the	749
certificate or has been classified as a peace officer prior to,	750
on, or after October 16, 1996, the executive director of the Ohio	751
peace officer training commission shall revoke any certificate	752
that has been awarded to a person as prescribed in this section if	753
the person does either of the following:	754

(a) Pleads guilty to a felony committed on or after January	755
1, 1997;	756

(b) Pleads guilty to a misdemeanor committed on or after	757
January 1, 1997, pursuant to a negotiated plea agreement as	758
provided in division (D) of section 2929.43 of the Revised Code in	759
which the person agrees to surrender the certificate awarded to	760
the person under this section.	761

(2) The executive director of the commission shall suspend	762
any certificate that has been awarded to a person as prescribed in	763
this section if the person is convicted, after trial, of a felony	764
committed on or after January 1, 1997. The executive director	765
shall suspend the certificate pursuant to division (F)(2) of this	766
section pending the outcome of an appeal by the person from that	767
conviction to the highest court to which the appeal is taken or	768
until the expiration of the period in which an appeal is required	769
to be filed. If the person files an appeal that results in that	770
person's acquittal of the felony or conviction of a misdemeanor,	771
or in the dismissal of the felony charge against that person, the	772
executive director shall reinstate the certificate awarded to the	773
person under this section. If the person files an appeal from that	774
person's conviction of the felony and the conviction is upheld by	775
the highest court to which the appeal is taken or if the person	776
does not file a timely appeal, the executive director shall revoke	777
the certificate awarded to the person under this section.	778

(G)(1) If a person is awarded a certificate under this	779
section and the certificate is revoked pursuant to division (E)(4)	780
or (F) of this section, the person shall not be eligible to	781
receive, at any time, a certificate attesting to the person's	782
satisfactory completion of a peace officer basic training program.	783

(2) The revocation or suspension of a certificate under	784
division (E)(4) or (F) of this section shall be in accordance with	785
Chapter 119. of the Revised Code.	786

(H)(1) A person who was employed as a peace officer of a	787
county, township, or municipal corporation of the state on January	788
1, 1966, and who has completed at least sixteen years of full-time	789
active service as such a peace officer may receive an original	790
appointment on a permanent basis and serve as a peace officer of a	791
county, township, or municipal corporation, or as a state	792
university law enforcement officer, without complying with the	793
requirements of division (B) of this section.	794

(2) Any person who held an appointment as a state highway	795
trooper on January 1, 1966, may receive an original appointment on	796
a permanent basis and serve as a peace officer of a county,	797
township, or municipal corporation, or as a state university law	798
enforcement officer, without complying with the requirements of	799
division (B) of this section.	800

(I) No person who is appointed as a peace officer of a	801
county, township, or municipal corporation on or after April 9,	802
1985, shall serve as a peace officer of that county, township, or	803
municipal corporation unless the person has received training in	804
the handling of missing children and child abuse and neglect cases	805
from an approved state, county, township, or municipal police	806
officer basic training program or receives the training within the	807
time prescribed by rules adopted by the attorney general pursuant	808
to section 109.741 of the Revised Code.	809

(J) No part of any approved state, county, or municipal basic	810
training program for bailiffs and deputy bailiffs of courts of	811
record and no part of any approved state, county, or municipal	812
basic training program for criminal investigators employed by the	813
state public defender shall be used as credit toward the	814
completion by a peace officer of any part of the approved state,	815
county, or municipal peace officer basic training program that the	816
peace officer is required by this section to complete	817
satisfactorily.	818

(K) This section does not apply to any member of the police	819
department of a municipal corporation in an adjoining state	820
serving in this state under a contract pursuant to section 737.04	821
of the Revised Code.	822

Sec. 145.01.  As used in this chapter:

823

(A) "Public employee" means:

824

(1) Any person holding an office, not elective, under the	825
state or any county, township, municipal corporation, park	826
district, conservancy district, sanitary district, health	827
district, metropolitan housing authority, state retirement board,	828
Ohio historical society, public library, county law library, union	829
cemetery, joint hospital, institutional commissary, state	830
university, or board, bureau, commission, council, committee,	831
authority, or administrative body as the same are, or have been,	832
created by action of the general assembly or by the legislative	833
authority of any of the units of local government named in	834
division (A)(1) of this section, or employed and paid in whole or	835
in part by the state or any of the authorities named in division	836
(A)(1) of this section in any capacity not covered by section	837
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	838

(2) A person who is a member of the public employees	839
retirement system and who continues to perform the same or similar	840
duties under the direction of a contractor who has contracted to	841
take over what before the date of the contract was a publicly	842
operated function. The governmental unit with which the contract	843
has been made shall be deemed the employer for the purposes of	844
administering this chapter.	845

(3) Any person who is an employee of a public employer,	846
notwithstanding that the person's compensation for that employment	847
is derived from funds of a person or entity other than the	848
employer. Credit for such service shall be included as total	849
service credit, provided that the employee makes the payments	850
required by this chapter, and the employer makes the payments	851
required by sections 145.48 and 145.51 of the Revised Code.	852

(4) A person who elects in accordance with section 145.015 of	853
the Revised Code to remain a contributing member of the public	854
employees retirement system.	855

In all cases of doubt, the public employees retirement board	856
shall determine whether any person is a public employee, and its	857
decision is final.	858

(B) "Member" means any public employee, other than a public	859
employee excluded or exempted from membership in the retirement	860
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	861
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	862
retirant who becomes a member under division (C) of section 145.38	863
of the Revised Code. "Member" also includes a disability benefit	864
recipient.	865

(C) "Head of the department" means the elective or appointive	866
head of the several executive, judicial, and administrative	867
departments, institutions, boards, and commissions of the state	868
and local government as the same are created and defined by the	869
laws of this state or, in case of a charter government, by that	870
charter.	871

(D) "Employer" or "public employer" means the state or any	872
county, township, municipal corporation, park district,	873
conservancy district, sanitary district, health district,	874
metropolitan housing authority, state retirement board, Ohio	875
historical society, public library, county law library, union	876
cemetery, joint hospital, institutional commissary, state medical	877
college, state university, or board, bureau, commission, council,	878
committee, authority, or administrative body as the same are, or	879
have been, created by action of the general assembly or by the	880
legislative authority of any of the units of local government	881
named in this division not covered by section 742.01, 3307.01,	882
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	883
means the employer of any public employee.	884

(E) "Prior service" means all service as a public employee	885
rendered before January 1, 1935, and all service as an employee of	886
any employer who comes within the state teachers retirement system	887
or of the school employees retirement system or of any other	888
retirement system established under the laws of this state	889
rendered prior to January 1, 1935, provided that if the employee	890
claiming the service was employed in any capacity covered by that	891
other system after that other system was established, credit for	892
the service may be allowed by the public employees retirement	893
system only when the employee has made payment, to be computed on	894
the salary earned from the date of appointment to the date	895
membership was established in the public employees retirement	896
system, at the rate in effect at the time of payment, and the	897
employer has made payment of the corresponding full liability as	898
provided by section 145.44 of the Revised Code. "Prior service"	899
also means all service credited for active duty with the armed	900
forces of the United States as provided in section 145.30 of the	901
Revised Code.	902

If an employee who has been granted prior service credit by	903
the public employees retirement system for service rendered prior	904
to January 1, 1935, as an employee of a board of education	905
establishes, before retirement, one year or more of contributing	906
service in the state teachers retirement system or school	907
employees retirement system, then the prior service ceases to be	908
the liability of this system.	909

If the board determines that a position of any member in any	910
calendar year prior to January 1, 1935, was a part-time position,	911
the board shall determine what fractional part of a year's credit	912
shall be allowed by the following formula:	913

(1) When the member has been either elected or appointed to	914
an office the term of which was two or more years and for which an	915
annual salary is established, the fractional part of the year's	916
credit shall be computed as follows:	917

First, when the member's annual salary is one thousand	918
dollars or less, the service credit for each such calendar year	919
shall be forty per cent of a year.	920

Second, for each full one hundred dollars of annual salary	921
above one thousand dollars, the member's service credit for each	922
such calendar year shall be increased by two and one-half per	923
cent.	924

(2) When the member is paid on a per diem basis, the service	925
credit for any single year of the service shall be determined by	926
using the number of days of service for which the compensation was	927
received in any such year as a numerator and using two hundred	928
fifty days as a denominator.	929

(3) When the member is paid on an hourly basis, the service	930
credit for any single year of the service shall be determined by	931
using the number of hours of service for which the compensation	932
was received in any such year as a numerator and using two	933
thousand hours as a denominator.	934

(F) "Contributor" means any person who has an account in the	935
employees' savings fund created by section 145.23 of the Revised	936
Code. When used in the sections listed in division (B) of section	937
145.82 of the Revised Code, "contributor" includes any person	938
participating in a PERS defined contribution plan.	939

(G) "Beneficiary" or "beneficiaries" means the estate or a	940
person or persons who, as the result of the death of a member,	941
contributor, or retirant, qualify for or are receiving some right	942
or benefit under this chapter.	943

(H)(1) "Total service credit," except as provided in section	944
145.37 of the Revised Code, means all service credited to a member	945
of the retirement system since last becoming a member, including	946
restored service credit as provided by section 145.31 of the	947
Revised Code; credit purchased under sections 145.293 and 145.299	948
of the Revised Code; all the member's prior service credit; all	949
the member's military service credit computed as provided in this	950
chapter; all service credit established pursuant to section	951
145.297 of the Revised Code; and any other service credited under	952
this chapter. In addition, "total service credit" includes any	953
period, not in excess of three years, during which a member was	954
out of service and receiving benefits under Chapters 4121. and	955
4123. of the Revised Code. For the exclusive purpose of satisfying	956
the service credit requirement and of determining eligibility for	957
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	958
and 145.361 of the Revised Code, "five or more years of total	959
service credit" means sixty or more calendar months of	960
contributing service in this system.	961

(2) "One and one-half years of contributing service credit,"	962
as used in division (B) of section 145.45 of the Revised Code,	963
also means eighteen or more calendar months of employment by a	964
municipal corporation that formerly operated its own retirement	965
plan for its employees or a part of its employees, provided that	966
all employees of that municipal retirement plan who have eighteen	967
or more months of such employment, upon establishing membership in	968
the public employees retirement system, shall make a payment of	969
the contributions they would have paid had they been members of	970
this system for the eighteen months of employment preceding the	971
date membership was established. When that payment has been made	972
by all such employee members, a corresponding payment shall be	973
paid into the employers' accumulation fund by that municipal	974
corporation as the employer of the employees.	975

(3) Where a member also is a member of the state teachers	976
retirement system or the school employees retirement system, or	977
both, except in cases of retirement on a combined basis pursuant	978
to section 145.37 of the Revised Code or as provided in section	979
145.383 of the Revised Code, service credit for any period shall	980
be credited on the basis of the ratio that contributions to the	981
public employees retirement system bear to total contributions in	982
all state retirement systems.	983

(4) Not more than one year of credit may be given for any	984
period of twelve months.	985

(5) "Ohio service credit" means credit for service that was	986
rendered to the state or any of its political subdivisions or any	987
employer.	988

(I) "Regular interest" means interest at any rates for the	989
respective funds and accounts as the public employees retirement	990
board may determine from time to time.	991

(J) "Accumulated contributions" means the sum of all amounts	992
credited to a contributor's individual account in the employees'	993
savings fund together with any interest credited to the	994
contributor's account under section 145.471 or 145.472 of the	995
Revised Code.	996

(K)(1) "Final average salary" means the quotient obtained by	997
dividing by three the sum of the three full calendar years of	998
contributing service in which the member's earnable salary was	999
highest, except that if the member has a partial year of	1000
contributing service in the year the member's employment	1001
terminates and the member's earnable salary for the partial year	1002
is higher than for any comparable period in the three years, the	1003
member's earnable salary for the partial year shall be substituted	1004
for the member's earnable salary for the comparable period during	1005
the three years in which the member's earnable salary was lowest.	1006

(2) If a member has less than three years of contributing	1007
service, the member's final average salary shall be the member's	1008
total earnable salary divided by the total number of years,	1009
including any fraction of a year, of the member's contributing	1010
service.	1011

(3) For the purpose of calculating benefits payable to a	1012
member qualifying for service credit under division (Z) of this	1013
section, "final average salary" means the total earnable salary on	1014
which contributions were made divided by the total number of years	1015
during which contributions were made, including any fraction of a	1016
year. If contributions were made for less than twelve months,	1017
"final average salary" means the member's total earnable salary.	1018

(L) "Annuity" means payments for life derived from	1019
contributions made by a contributor and paid from the annuity and	1020
pension reserve fund as provided in this chapter. All annuities	1021
shall be paid in twelve equal monthly installments.	1022

(M) "Annuity reserve" means the present value, computed upon	1023
the basis of the mortality and other tables adopted by the board,	1024
of all payments to be made on account of any annuity, or benefit	1025
in lieu of any annuity, granted to a retirant as provided in this	1026
chapter.	1027

(N)(1) "Disability retirement" means retirement as provided	1028
in section 145.36 of the Revised Code.	1029

(2) "Disability allowance" means an allowance paid on account	1030
of disability under section 145.361 of the Revised Code.	1031

(3) "Disability benefit" means a benefit paid as disability	1032
retirement under section 145.36 of the Revised Code, as a	1033
disability allowance under section 145.361 of the Revised Code, or	1034
as a disability benefit under section 145.37 of the Revised Code.	1035

(4) "Disability benefit recipient" means a member who is	1036
receiving a disability benefit.	1037

(O) "Age and service retirement" means retirement as provided	1038
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	1039
the Revised Code.	1040

(P) "Pensions" means annual payments for life derived from	1041
contributions made by the employer that at the time of retirement	1042
are credited into the annuity and pension reserve fund from the	1043
employers' accumulation fund and paid from the annuity and pension	1044
reserve fund as provided in this chapter. All pensions shall be	1045
paid in twelve equal monthly installments.	1046

(Q) "Retirement allowance" means the pension plus that	1047
portion of the benefit derived from contributions made by the	1048
member.	1049

(R)(1) Except as otherwise provided in division (R) of this	1050
section, "earnable salary" means all salary, wages, and other	1051
earnings paid to a contributor by reason of employment in a	1052
position covered by the retirement system. The salary, wages, and	1053
other earnings shall be determined prior to determination of the	1054
amount required to be contributed to the employees' savings fund	1055
under section 145.47 of the Revised Code and without regard to	1056
whether any of the salary, wages, or other earnings are treated as	1057
deferred income for federal income tax purposes. "Earnable salary"	1058
includes the following:	1059

(a) Payments made by the employer in lieu of salary, wages,	1060
or other earnings for sick leave, personal leave, or vacation used	1061
by the contributor;	1062

(b) Payments made by the employer for the conversion of sick	1063
leave, personal leave, and vacation leave accrued, but not used if	1064
the payment is made during the year in which the leave is accrued,	1065
except that payments made pursuant to section 124.383 or 124.386	1066
of the Revised Code are not earnable salary;	1067

(c) Allowances paid by the employer for full maintenance,	1068
consisting of housing, laundry, and meals, as certified to the	1069
retirement board by the employer or the head of the department	1070
that employs the contributor;	1071

(d) Fees and commissions paid under section 507.09 of the	1072
Revised Code;	1073

(e) Payments that are made under a disability leave program	1074
sponsored by the employer and for which the employer is required	1075
by section 145.296 of the Revised Code to make periodic employer	1076
and employee contributions;	1077

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	1078
this section.	1079

(2) "Earnable salary" does not include any of the following:

1080

(a) Fees and commissions, other than those paid under section	1081
507.09 of the Revised Code, paid as sole compensation for personal	1082
services and fees and commissions for special services over and	1083
above services for which the contributor receives a salary;	1084

(b) Amounts paid by the employer to provide life insurance,	1085
sickness, accident, endowment, health, medical, hospital, dental,	1086
or surgical coverage, or other insurance for the contributor or	1087
the contributor's family, or amounts paid by the employer to the	1088
contributor in lieu of providing the insurance;	1089

(c) Incidental benefits, including lodging, food, laundry,	1090
parking, or services furnished by the employer, or use of the	1091
employer's property or equipment, or amounts paid by the employer	1092
to the contributor in lieu of providing the incidental benefits;	1093

(d) Reimbursement for job-related expenses authorized by the	1094
employer, including moving and travel expenses and expenses	1095
related to professional development;	1096

(e) Payments for accrued but unused sick leave, personal	1097
leave, or vacation that are made at any time other than in the	1098
year in which the sick leave, personal leave, or vacation was	1099
accrued;	1100

(f) Payments made to or on behalf of a contributor that are	1101
in excess of the annual compensation that may be taken into	1102
account by the retirement system under division (a)(17) of section	1103
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	1104
U.S.C.A. 401(a)(17), as amended;	1105

(g) Payments made under division (B), (C), or (E) of section	1106
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1107
No. 3 of the 119th general assembly, Section 3 of Amended	1108
Substitute Senate Bill No. 164 of the 124th general assembly, or	1109
Amended Substitute House Bill No. 405 of the 124th general	1110
assembly;	1111

(h) Anything of value received by the contributor that is	1112
based on or attributable to retirement or an agreement to retire,	1113
except that payments made on or before January 1, 1989, that are	1114
based on or attributable to an agreement to retire shall be	1115
included in earnable salary if both of the following apply:	1116

(i) The payments are made in accordance with contract	1117
provisions that were in effect prior to January 1, 1986;	1118

(ii) The employer pays the retirement system an amount	1119
specified by the retirement board equal to the additional	1120
liability resulting from the payments.	1121

(3) The retirement board shall determine by rule whether any	1122
compensation not enumerated in division (R) of this section is	1123
earnable salary, and its decision shall be final.	1124

(S) "Pension reserve" means the present value, computed upon	1125
the basis of the mortality and other tables adopted by the board,	1126
of all payments to be made on account of any retirement allowance	1127
or benefit in lieu of any retirement allowance, granted to a	1128
member or beneficiary under this chapter.	1129

(T)(1) "Contributing service" means all service credited to a	1130
member of the system since January 1, 1935, for which	1131
contributions are made as required by sections 145.47, 145.48, and	1132
145.483 of the Revised Code. In any year subsequent to 1934,	1133
credit for any service shall be allowed by the following formula:	1134

(a) For each month for which the member's earnable salary is	1135
two hundred fifty dollars or more, allow one month's credit.	1136

(b) For each month for which the member's earnable salary is	1137
less than two hundred fifty dollars, allow a fraction of a month's	1138
credit. The numerator of this fraction shall be the earnable	1139
salary during the month, and the denominator shall be two hundred	1140
fifty dollars, except that if the member's annual earnable salary	1141
is less than six hundred dollars, the member's credit shall not be	1142
reduced below twenty per cent of a year for a calendar year of	1143
employment during which the member worked each month. Division	1144
(T)(1)(b) of this section shall not reduce any credit earned	1145
before January 1, 1985.	1146

(2) Notwithstanding division (T)(1) of this section, an	1147
elected official who prior to January 1, 1980, was granted a full	1148
year of credit for each year of service as an elected official	1149
shall be considered to have earned a full year of credit for each	1150
year of service regardless of whether the service was full-time or	1151
part-time. The public employees retirement board has no authority	1152
to reduce the credit.	1153

(U) "State retirement board" means the public employees	1154
retirement board, the school employees retirement board, or the	1155
state teachers retirement board.	1156

(V) "Retirant" means any former member who retires and is	1157
receiving a monthly allowance as provided in sections 145.32,	1158
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	1159

(W) "Employer contribution" means the amount paid by an	1160
employer as determined under section 145.48 of the Revised Code.	1161

(X) "Public service terminates" means the last day for which	1162
a public employee is compensated for services performed for an	1163
employer or the date of the employee's death, whichever occurs	1164
first.	1165

(Y) When a member has been elected or appointed to an office,	1166
the term of which is two or more years, for which an annual salary	1167
is established, and in the event that the salary of the office is	1168
increased and the member is denied the additional salary by reason	1169
of any constitutional provision prohibiting an increase in salary	1170
during a term of office, the member may elect to have the amount	1171
of the member's contributions calculated upon the basis of the	1172
increased salary for the office. At the member's request, the	1173
board shall compute the total additional amount the member would	1174
have contributed, or the amount by which each of the member's	1175
contributions would have increased, had the member received the	1176
increased salary for the office the member holds. If the member	1177
elects to have the amount by which the member's contribution would	1178
have increased withheld from the member's salary, the member shall	1179
notify the employer, and the employer shall make the withholding	1180
and transmit it to the retirement system. A member who has not	1181
elected to have that amount withheld may elect at any time to make	1182
a payment to the retirement system equal to the additional amount	1183
the member's contribution would have increased, plus interest on	1184
that contribution, compounded annually at a rate established by	1185
the board and computed from the date on which the last	1186
contribution would have been withheld from the member's salary to	1187
the date of payment. A member may make a payment for part of the	1188
period for which the increased contribution was not withheld, in	1189
which case the interest shall be computed from the date the last	1190
contribution would have been withheld for the period for which the	1191
payment is made. Upon the payment of the increased contributions	1192
as provided in this division, the increased annual salary as	1193
provided by law for the office for the period for which the member	1194
paid increased contributions thereon shall be used in determining	1195
the member's earnable salary for the purpose of computing the	1196
member's final average salary.	1197

(Z) "Five years of service credit," for the exclusive purpose	1198
of satisfying the service credit requirements and of determining	1199
eligibility for benefits under section 145.33 of the Revised Code,	1200
means employment covered under this chapter or under a former	1201
retirement plan operated, recognized, or endorsed by the employer	1202
prior to coverage under this chapter or under a combination of the	1203
coverage.	1204

(AA) "Deputy sheriff" means any person who is commissioned	1205
and employed as a full-time peace officer by the sheriff of any	1206
county, and has been so employed since on or before December 31,	1207
1965, and whose primary duties are to preserve the peace, to	1208
protect life and property, and to enforce the laws of this state;	1209
any person who is or has been commissioned and employed as a peace	1210
officer by the sheriff of any county since January 1, 1966, and	1211
who has received a certificate attesting to the person's	1212
satisfactory completion of the peace officer training school as	1213
required by section 109.77 of the Revised Code and whose primary	1214
duties are to preserve the peace, protect life and property, and	1215
enforce the laws of this state; or any person deputized by the	1216
sheriff of any county and employed pursuant to section 2301.12 of	1217
the Revised Code as a criminal bailiff or court constable who has	1218
received a certificate attesting to the person's satisfactory	1219
completion of the peace officer training school as required by	1220
section 109.77 of the Revised Code and whose primary duties are to	1221
preserve the peace, protect life and property, and enforce the	1222
laws of this state.	1223

(BB) "Township constable or police officer in a township	1224
police department or district" means any person who is	1225
commissioned and employed as a full-time peace officer pursuant to	1226
Chapter 505. or 509. of the Revised Code, who has received a	1227
certificate attesting to the person's satisfactory completion of	1228
the peace officer training school as required by section 109.77 of	1229
the Revised Code, and whose primary duties are to preserve the	1230
peace, protect life and property, and enforce the laws of this	1231
state.	1232

(CC) "Drug agent" means any person who is either of the	1233
following:	1234

(1) Employed full-time as a narcotics agent by a county	1235
narcotics agency created pursuant to section 307.15 of the Revised	1236
Code and has received a certificate attesting to the satisfactory	1237
completion of the peace officer training school as required by	1238
section 109.77 of the Revised Code;	1239

(2) Employed full-time as an undercover drug agent as defined	1240
in section 109.79 of the Revised Code and is in compliance with	1241
section 109.77 of the Revised Code.	1242

(DD) "Department of public safety enforcement agent" means a	1243
full-time employee of the department of public safety who is	1244
designated under section 5502.14 of the Revised Code as an	1245
enforcement agent and who is in compliance with section 109.77 of	1246
the Revised Code.	1247

(EE) "Natural resources law enforcement staff officer" means	1248
a full-time employee of the department of natural resources who is	1249
designated a natural resources law enforcement staff officer under	1250
section 1501.013 of the Revised Code and is in compliance with	1251
section 109.77 of the Revised Code.	1252

(FF) "Park officer" means a full-time employee of the	1253
department of natural resources who is designated a park officer	1254
under section 1541.10 of the Revised Code and is in compliance	1255
with section 109.77 of the Revised Code.	1256

(GG) "Forest officer" means a full-time employee of the	1257
department of natural resources who is designated a forest officer	1258
under section 1503.29 of the Revised Code and is in compliance	1259
with section 109.77 of the Revised Code.	1260

(HH) "Preserve officer" means a full-time employee of the	1261
department of natural resources who is designated a preserve	1262
officer under section 1517.10 of the Revised Code and is in	1263
compliance with section 109.77 of the Revised Code.	1264

(II) "Wildlife officer" means a full-time employee of the	1265
department of natural resources who is designated a wildlife	1266
officer under section 1531.13 of the Revised Code and is in	1267
compliance with section 109.77 of the Revised Code.	1268

(JJ) "State watercraft officer" means a full-time employee of	1269
the department of natural resources who is designated a state	1270
watercraft officer under section 1547.521 of the Revised Code and	1271
is in compliance with section 109.77 of the Revised Code.	1272

(KK) "Park district police officer" means a full-time	1273
employee of a park district who is designated pursuant to section	1274
511.232 or 1545.13 of the Revised Code and is in compliance with	1275
section 109.77 of the Revised Code.	1276

(LL) "Conservancy district officer" means a full-time	1277
employee of a conservancy district who is designated pursuant to	1278
section 6101.75 of the Revised Code and is in compliance with	1279
section 109.77 of the Revised Code.	1280

(MM) "Municipal police officer" means a member of the	1281
organized police department of a municipal corporation who is	1282
employed full-time, is in compliance with section 109.77 of the	1283
Revised Code, and is not a member of the Ohio police and fire	1284
pension fund.	1285

(NN) "Veterans' home police officer" means any person who is	1286
employed at a veterans' home as a police officer pursuant to	1287
section 5907.02 of the Revised Code and is in compliance with	1288
section 109.77 of the Revised Code.	1289

(OO) "Special police officer for a mental health institution"	1290
means any person who is designated as such pursuant to section	1291
5119.14 of the Revised Code and is in compliance with section	1292
109.77 of the Revised Code.	1293

(PP) "Special police officer for an institution for the	1294
mentally retarded and developmentally disabled" means any person	1295
who is designated as such pursuant to section 5123.13 of the	1296
Revised Code and is in compliance with section 109.77 of the	1297
Revised Code.	1298

(QQ) "State university law enforcement officer" means any	1299
person who is employed full-time as a state university law	1300
enforcement officer pursuant to section 3345.04 of the Revised	1301
Code and who is in compliance with section 109.77 of the Revised	1302
Code.	1303

(RR) "House sergeant at arms" means any person appointed by	1304
the speaker of the house of representatives under division (B)(1)	1305
of section 101.311 of the Revised Code who has arrest authority	1306
under division (E)(1) of that section.	1307

(SS) "Assistant house sergeant at arms" means any person	1308
appointed by the house sergeant at arms under division (C)(1) of	1309
section 101.311 of the Revised Code.	1310

(TT) "Regional transit authority police officer" means a	1311
person who is employed full time as a regional transit authority	1312
police officer under division (Y) of section 306.35 of the Revised	1313
Code and is in compliance with section 109.77 of the Revised Code.	1314

(UU) "State highway patrol police officer" means a special	1315
police officer employed full time and designated by the	1316
superintendent of the state highway patrol pursuant to section	1317
5503.09 of the Revised Code or a person serving full time as a	1318
special police officer pursuant to that section on a permanent	1319
basis on October 21, 1997, who is in compliance with section	1320
109.77 of the Revised Code.	1321

(VV) "Municipal public safety director" means a person who	1322
serves full-timefull time as the public safety director of a	1323
municipal corporation with the duty of directing the activities of	1324
the municipal corporation's police department and fire department.	1325

(WW) Notwithstanding section 2901.01 of the Revised Code,	1326
"PERS law enforcement officer" means a sheriff, deputy sheriff,	1327
township constable or police officer in a township police	1328
department or district, drug agent, municipal public safety	1329
director, department of public safety enforcement agent, natural	1330
resources law enforcement staff officer, park officer, forest	1331
officer, preserve officer, wildlife officer, state watercraft	1332
officer, park district police officer, conservancy district	1333
officer, veterans' home police officer, special police officer for	1334
a mental health institution, special police officer for an	1335
institution for the mentally retarded and developmentally	1336
disabled, state university law enforcement officer, public high	1337
school law enforcement officer, municipal police officer, house	1338
sergeant at arms, assistant house sergeant at arms, regional	1339
transit authority police officer, or state highway patrol police	1340
officer.	1341

(XX) "Hamilton county municipal court bailiff" means a person	1342
appointed by the clerk of courts of the Hamilton county municipal	1343
court under division (A)(3) of section 1901.32 of the Revised Code	1344
who is employed full time as a bailiff or deputy bailiff, who has	1345
received a certificate attesting to the person's satisfactory	1346
completion of the peace officer basic training described in	1347
division (D)(1) of section 109.77 of the Revised Code, and whose	1348
primary duties are to preserve the peace, to protect life and	1349
property, and to enforce the laws of this state.	1350

(YY) "Fiduciary" means a person who does any of the	1351
following:	1352

(1) Exercises any discretionary authority or control with	1353
respect to the management of the system or with respect to the	1354
management or disposition of its assets;	1355

(2) Renders investment advice for a fee, direct or indirect,	1356
with respect to money or property of the system;	1357

(3) Has any discretionary authority or responsibility in the	1358
administration of the system.	1359

(ZZ) "Actuary" means an individual who satisfies all of the	1360
following requirements:	1361

(1) Is a member of the American academy of actuaries;

1362

(2) Is an associate or fellow of the society of actuaries;

1363

(3) Has a minimum of five years' experience in providing	1364
actuarial services to public retirement plans.	1365

(AAA) "PERS defined benefit plan" means the plan described in	1366
sections 145.201 to 145.79 of the Revised Code.	1367

(BBB) "PERS defined contribution plans" means the plan or	1368
plans established under section 145.81 of the Revised Code.	1369

(CCC) "Public high school law enforcement officer" means any	1370
person who is employed fulltime as a public high school law	1371
enforcement officer pursuant to section 3313.175 of the Revised	1372
Code and who is in compliance with section 109.77 of the Revised	1373
Code.	1374

Sec. 145.33.  (A) Except as provided in division (B) or (C)	1375
of this section, a member with at least five years of total	1376
service credit who has attained age sixty, or who has thirty years	1377
of total Ohio service credit, may apply for age and service	1378
retirement, which shall consist of:	1379

(1) An annuity having a reserve equal to the amount of the	1380
member's accumulated contributions at that time;	1381

(2) A pension equal to the annuity provided by division	1382
(A)(1) of this section;	1383

(3) An additional pension, if the member can qualify for	1384
prior service, equal to forty dollars multiplied by the number of	1385
years, and fraction thereof, of such prior and military service	1386
credit;	1387

(4) A basic annual pension equal to one hundred eighty	1388
dollars if the member has ten or more years of total service	1389
credit as of October 1, 1956, except that the basic annual pension	1390
shall not exceed the sum of the annual benefits provided by	1391
divisions (A)(1), (2), and (3) of this section.	1392

(5) When a member retires on age and service retirement, the	1393
member's total annual single lifetime allowance, including the	1394
allowances provided in divisions (A)(1), (2), (3), and (4) of this	1395
section, shall be not less than a base amount adjusted in	1396
accordance with division (A)(5) of this section and determined by	1397
multiplying the member's total service credit by the greater of	1398
the following:	1399

(a) Eighty-six dollars;

1400

(b) Two and two-tenths per cent of the member's final average	1401
salary for each of the first thirty years of service plus two and	1402
one-half per cent of the member's final average salary for each	1403
subsequent year of service.	1404

The allowance shall be adjusted by the factors of attained	1405
age or years of service to provide the greater amount as	1406
determined by the following schedule:	1407

		Years of		Percentage		1408
Attained	or	Total Service		of		1409
Birthday		Credit		Base Amount		1410

58		25		75		1411
59		26		80		1412
60		27		85		1413
61				88		1414
		28		90		1415
62				91		1416
63				94		1417
		29		95		1418
64				97		1419
65		30 or more		100		1420

Members shall vest the right to a benefit in accordance with	1421
the following schedule, based on the member's attained age by	1422
September 1, 1976:	1423

			Percentage		1424
	Attained		of		1425
	Birthday		Base Amount		1426
	66		102		1427
	67		104		1428
	68		106		1429
	69		108		1430
	70 or more		110		1431

(6) The total annual single lifetime allowance that a member	1432
shall receive under division (A)(5) of this section shall not	1433
exceed the lesser of one hundred per cent of the member's final	1434
average salary or the limit established by section 415 of the	1435
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	1436
as amended.	1437

(B)(1) For the purposes of divisions (B) to (G) of this	1438
section, "total service credit as a PERS law enforcement officer"	1439
and "total service credit as a PERS public safety officer" include	1440
credit for military service to the extent permitted by division	1441
(E)(2) of this section and credit for service as a police officer	1442
or state highway patrol trooper to the extent permitted by	1443
divisions (E)(3) and (4) of this section.	1444

(2) A member who meets the conditions in division (B)(2)(a),	1445
(b), or (c) of this section may apply for an age and service	1446
retirement benefit under this division:	1447

(a) The member has attained age forty-eight and has at least	1448
twenty-five years of total service credit as a PERS law	1449
enforcement officer;	1450

(b) The member has attained age fifty-two, and has at least	1451
twenty-five years of total service credit as a PERS public safety	1452
officer or has service as a PERS public safety officer and	1453
service as a PERS law enforcement officer that when combined	1454
equal at least twenty-five years of total service credit;	1455

(c) The member has attained age sixty-two and has at least	1456
fifteen years of total service credit as either of the following:	1457

(i) A PERS law enforcement officer;

1458

(ii) A PERS public safety officer.

1459

(3) A benefit paid under division (B)(2) of this section	1460
shall consist of an annual single lifetime allowance equal to the	1461
sum of two and one-half per cent of the member's final average	1462
salary multiplied by the first twenty-five years of the member's	1463
total service plus two and one-tenth per cent of the member's	1464
final average salary multiplied by the number of years of the	1465
member's total service credit in excess of twenty-five years.	1466

(4) A member with at least fifteen years of total service	1467
credit as a PERS law enforcement officer or PERS public safety	1468
officer who voluntarily resigns or is discharged for any reason	1469
except death, dishonesty, cowardice, intemperate habits, or	1470
conviction of a felony may apply for an age and service	1471
retirement benefit, which shall consist of an annual single	1472
lifetime allowance equal to one and one-half per cent of the	1473
member's final average salary multiplied by the number of years	1474
of the member's total service credit. The allowance shall commence	1475
on the first day of the calendar month following the month in	1476
which the application is filed with the public employees	1477
retirement board on or after the attainment by the applicant of	1478
age fifty-two.	1479

(C)(1) A member with at least twenty-five years of total	1480
service credit who would be eligible to retire under division	1481
(B)(2)(b) of this section had the member attained age fifty-two	1482
and who voluntarily resigns or is discharged for any reason except	1483
death, dishonesty, cowardice, intemperate habits, or conviction of	1484
a felony, on or after the date of attaining forty-eight years of	1485
age, but before the date of attaining fifty-two years of age, may	1486
elect to receive a reduced benefit as determined by the following	1487
schedule:	1488

Attained Age

Reduced Benefit

1489

	48		75% of the benefit payable under		1490
			division (B)(3) of this section		1491
	49		80% of the benefit payable under		1492
			division (B)(3) of this section		1493
	50		86% of the benefit payable under		1494
			division (B)(3) of this section		1495
	51		93% of the benefit payable under		1496
			division (B)(3) of this section		1497

(2) If a member elects to receive a reduced benefit after	1498
attaining age forty-eight the reduced benefit is payable from the	1499
later of the date of the member's most recent birthday or the date	1500
the member becomes eligible to receive the reduced benefit.	1501

(3) Once a member elects to receive a reduced benefit	1502
determined by the schedule in division (C)(1) of this section and	1503
has received a payment, the member may not reelect to change that	1504
election.	1505

(4) If a member who has resigned or been discharged has left	1506
on deposit the member's accumulated contributions in the	1507
employees' savings fund and has not elected to receive a reduced	1508
benefit determined by the schedule in division (C)(1) of this	1509
section, upon attaining fifty-two years of age, the member shall	1510
be entitled to receive a benefit computed and paid under division	1511
(B)(3) of this section.	1512

(D) A benefit paid under division (B) or (C) of this section	1513
shall not exceed the lesser of ninety per cent of the member's	1514
final average salary or the limit established by section 415 of	1515
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1516
415, as amended.	1517

(E)(1) A member with service credit as a PERS law enforcement	1518
officer or a PERS public safety officer and other service credit	1519
under this chapter may elect one of the following:	1520

(a) To have all the member's service credit under this	1521
chapter, including credit for service as a PERS law enforcement	1522
officer or PERS public safety officer, used in calculating a	1523
retirement allowance under division (A) of this section if the	1524
member qualifies for an allowance under that division;	1525

(b) If the member qualifies for an allowance under division	1526
(B)(2)(a) of this section, to have the member's service credit as	1527
a PERS law enforcement officer used in calculating a benefit under	1528
that division and the member's credit for all service other than	1529
PERS law enforcement service used in calculating a benefit	1530
consisting of a single life annuity having a reserve equal to the	1531
amount of the member's accumulated contributions for all service	1532
other than PERS law enforcement service and an equal amount of	1533
employer contributions.	1534

(c) If the member qualifies for an allowance under division	1535
(B)(2)(b) or (c), (B)(4), or (C) of this section, to have the	1536
member's service credit as a PERS law enforcement officer or PERS	1537
public safety officer used in calculating a benefit under the	1538
appropriate division and the member's credit for all service other	1539
than PERS law enforcement service or service as a PERS public	1540
safety officer under this chapter used in calculating a benefit	1541
consisting of a single life annuity having a reserve equal to the	1542
amount of the member's accumulated contributions for all service	1543
other than PERS law enforcement service or PERS public safety	1544
officer service and an equal amount of the employer's	1545
contributions.	1546

(2) Notwithstanding sections 145.01 and 145.30 of the Revised	1547
Code, no more than four years of military service credit granted	1548
under section 145.30 of the Revised Code and five years of	1549
military service credit purchased under section 145.301 or 145.302	1550
of the Revised Code shall be used in calculating service as a PERS	1551
law enforcement officer or PERS public safety officer or the	1552
total service credit of that person.	1553

(3) Only credit for the member's service as a PERS law	1554
enforcement officer, PERS public safety officer, or service credit	1555
obtained as a police officer or state highway patrol trooper shall	1556
be used in computing the benefit of a member who qualifies for a	1557
benefit under division (B) or (C) of this section for the	1558
following:	1559

(a) Any person who originally is commissioned and employed as	1560
a deputy sheriff by the sheriff of any county, or who originally	1561
is elected sheriff, on or after January 1, 1975;	1562

(b) Any deputy sheriff who originally is employed as a	1563
criminal bailiff or court constable on or after April 16, 1993;	1564

(c) Any person who originally is appointed as a township	1565
constable or police officer in a township police department or	1566
district on or after January 1, 1981;	1567

(d) Any person who originally is employed as a county	1568
narcotics agent on or after September 26, 1984;	1569

(e) Any person who originally is employed as an undercover	1570
drug agent as defined in section 109.79 of the Revised Code,	1571
department of public safety enforcement agent who prior to June	1572
30, 1999, was a liquor control investigator, park officer, forest	1573
officer, wildlife officer, state watercraft officer, park district	1574
police officer, conservancy district officer, veterans' home	1575
police officer, special police officer for a mental health	1576
institution, special police officer for an institution for the	1577
mentally retarded and developmentally disabled, or municipal	1578
police officer on or after December 15, 1988;	1579

(f) Any person who originally is employed as a state	1580
university law enforcement officer on or after November 6, 1996;	1581

(g) Any person who is originally employed as a state	1582
university law enforcement officer by the university of Akron on	1583
or after September 16, 1998;	1584

(h) Any person who originally is employed as a preserve	1585
officer on or after March 18, 1999;	1586

(i) Any person who originally is employed as a natural	1587
resources law enforcement staff officer on or after March 18,	1588
1999;	1589

(j) Any person who is originally employed as a department of	1590
public safety enforcement agent on or after June 30, 1999;	1591

(k) Any person who is originally employed as a house sergeant	1592
at arms or assistant house sergeant at arms on or after September	1593
5, 2001;	1594

(l) Any person who is originally appointed as a regional	1595
transit authority police officer or state highway patrol police	1596
officer on or after February 1, 2002;	1597

(m) Any person who is originally employed as a municipal	1598
public safety director on or after September 29, 2005, but not	1599
later than the effective date of this amendmentMarch 24, 2009;	1600

(n) Any person who originally is employed as a public high	1601
school law enforcement officer on or after the effective date of	1602
this amendment.	1603

(4) Only credit for a member's service as a PERS public	1604
safety officer or service credit obtained as a PERS law	1605
enforcement officer, police officer, or state highway patrol	1606
trooper shall be used in computing the benefit of a member who	1607
qualifies for a benefit under division (B)(2)(b) or (c)(ii) or	1608
(4) or division (C) of this section for any person who originally	1609
is employed as a Hamilton county municipal court bailiff on or	1610
after November 6, 1996.	1611

(F) Retirement allowances determined under this section shall	1612
be paid as provided in section 145.46 of the Revised Code.	1613

(G) For the purposes of this section, service prior to June	1614
30, 1999, as a food stamp trafficking agent under former section	1615
5502.14 of the Revised Code shall be considered service as a law	1616
enforcement officer.	1617

Sec. 2921.51.  (A) As used in this section:

1618

(1) "Peace officer" means a sheriff, deputy sheriff, marshal,	1619
deputy marshal, member of the organized police department of a	1620
municipal corporation, or township constable, who is employed by a	1621
political subdivision of this state, a member of a police force	1622
employed by a metropolitan housing authority under division (D) of	1623
section 3735.31 of the Revised Code, a member of a police force	1624
employed by a regional transit authority under division (Y) of	1625
section 306.35 of the Revised Code, a state university law	1626
enforcement officer appointed under section 3345.04 of the Revised	1627
Code, a public high school law enforcement officer employed under	1628
section 3313.175 of the Revised Code, a veterans' home police	1629
officer appointed under section 5907.02 of the Revised Code, a	1630
special police officer employed by a port authority under section	1631
4582.04 or 4582.28 of the Revised Code, or a state highway patrol	1632
trooper and whose primary duties are to preserve the peace, to	1633
protect life and property, and to enforce the laws, ordinances,	1634
or rules of the state or any of its political subdivisions.	1635

(2) "Private police officer" means any security guard,	1636
special police officer, private detective, or other person who is	1637
privately employed in a police capacity.	1638

(3) "Federal law enforcement officer" means an employee of	1639
the United States who serves in a position the duties of which are	1640
primarily the investigation, apprehension, or detention of	1641
individuals suspected or convicted of offenses under the criminal	1642
laws of the United States.	1643

(4) "Impersonate" means to act the part of, assume the	1644
identity of, wear the uniform or any part of the uniform of, or	1645
display the identification of a particular person or of a member	1646
of a class of persons with purpose to make another person believe	1647
that the actor is that particular person or is a member of that	1648
class of persons.	1649

(5) "Investigator of the bureau of criminal identification	1650
and investigation" has the same meaning as in section 2903.11 of	1651
the Revised Code.	1652

(B) No person shall impersonate a peace officer, private	1653
police officer, or a federal law enforcement officer, or	1654
investigator of the bureau of criminal identification and	1655
investigation.	1656

(C) No person, by impersonating a peace officer, private	1657
police officer, or a federal law enforcement officer, or	1658
investigator of the bureau of criminal identification and	1659
investigation, shall arrest or detain any person, search any	1660
person, or search the property of any person.	1661

(D) No person, with purpose to commit or facilitate the	1662
commission of an offense, shall impersonate a peace officer,	1663
private police officer, a federal law enforcement officer,	1664
officer, agent, or employee of the state, or investigator of the	1665
bureau of criminal identification and investigation.	1666

(E) No person shall commit a felony while impersonating a	1667
peace officer, private police officer, a federal law enforcement	1668
officer, officer, agent, or employee of the state, or	1669
investigator of the bureau of criminal identification and	1670
investigation.	1671

(F) It is an affirmative defense to a charge under division	1672
(B) of this section that the impersonation of the peace officer,	1673
private police officer, or investigator of the bureau of criminal	1674
identification and investigation was for a lawful purpose.	1675

(G) Whoever violates division (B) of this section is guilty	1676
of a misdemeanor of the fourth degree. Whoever violates division	1677
(C) or (D) of this section is guilty of a misdemeanor of the first	1678
degree. If the purpose of a violation of division (D) of this	1679
section is to commit or facilitate the commission of a felony, a	1680
violation of division (D) is a felony of the fourth degree.	1681
Whoever violates division (E) of this section is guilty of a	1682
felony of the third degree.	1683

Sec. 2935.01.  As used in this chapter:

1684

(A) "Magistrate" has the same meaning as in section 2931.01	1685
of the Revised Code.	1686

(B) "Peace officer" includes, except as provided in section	1687
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	1688
deputy marshal; member of the organized police department of any	1689
municipal corporation, including a member of the organized police	1690
department of a municipal corporation in an adjoining state	1691
serving in Ohio under a contract pursuant to section 737.04 of the	1692
Revised Code; member of a police force employed by a metropolitan	1693
housing authority under division (D) of section 3735.31 of the	1694
Revised Code; member of a police force employed by a regional	1695
transit authority under division (Y) of section 306.05 of the	1696
Revised Code; state university law enforcement officer appointed	1697
under section 3345.04 of the Revised Code; public high school law	1698
enforcement officer employed under section 3313.175 of the Revised	1699
Code; enforcement agent of the department of public safety	1700
designated under section 5502.14 of the Revised Code; employee of	1701
the department of taxation to whom investigation powers have been	1702
delegated under section 5743.45 of the Revised Code; employee of	1703
the department of natural resources who is a natural resources law	1704
enforcement staff officer designated pursuant to section 1501.013	1705
of the Revised Code, a forest officer designated pursuant to	1706
section 1503.29 of the Revised Code, a preserve officer designated	1707
pursuant to section 1517.10 of the Revised Code, a wildlife	1708
officer designated pursuant to section 1531.13 of the Revised	1709
Code, a park officer designated pursuant to section 1541.10 of the	1710
Revised Code, or a state watercraft officer designated pursuant to	1711
section 1547.521 of the Revised Code; individual designated to	1712
perform law enforcement duties under section 511.232, 1545.13, or	1713
6101.75 of the Revised Code; veterans' home police officer	1714
appointed under section 5907.02 of the Revised Code; special	1715
police officer employed by a port authority under section 4582.04	1716
or 4582.28 of the Revised Code; police constable of any township;	1717
police officer of a township or joint township police district; a	1718
special police officer employed by a municipal corporation at a	1719
municipal airport, or other municipal air navigation facility,	1720
that has scheduled operations, as defined in section 119.3 of	1721
Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as	1722
amended, and that is required to be under a security program and	1723
is governed by aviation security rules of the transportation	1724
security administration of the United States department of	1725
transportation as provided in Parts 1542. and 1544. of Title 49 of	1726
the Code of Federal Regulations, as amended; the house of	1727
representatives sergeant at arms if the house of representatives	1728
sergeant at arms has arrest authority pursuant to division (E)(1)	1729
of section 101.311 of the Revised Code; and an assistant house of	1730
representatives sergeant at arms; officer or employee of the	1731
bureau of criminal identification and investigation established	1732
pursuant to section 109.51 of the Revised Code who has been	1733
awarded a certificate by the executive director of the Ohio peace	1734
officer training commission attesting to the officer's or	1735
employee's satisfactory completion of an approved state, county,	1736
municipal, or department of natural resources peace officer basic	1737
training program and who is providing assistance upon request to a	1738
law enforcement officer or emergency assistance to a peace officer	1739
pursuant to section 109.54 or 109.541 of the Revised Code; a state	1740
fire marshal law enforcement officer described in division (A)(23)	1741
of section 109.71 of the Revised Code; and, for the purpose of	1742
arrests within those areas, for the purposes of Chapter 5503. of	1743
the Revised Code, and the filing of and service of process	1744
relating to those offenses witnessed or investigated by them, the	1745
superintendent and troopers of the state highway patrol.	1746

(C) "Prosecutor" includes the county prosecuting attorney and	1747
any assistant prosecutor designated to assist the county	1748
prosecuting attorney, and, in the case of courts inferior to	1749
courts of common pleas, includes the village solicitor, city	1750
director of law, or similar chief legal officer of a municipal	1751
corporation, any such officer's assistants, or any attorney	1752
designated by the prosecuting attorney of the county to appear for	1753
the prosecution of a given case.	1754

(D) "Offense," except where the context specifically	1755
indicates otherwise, includes felonies, misdemeanors, and	1756
violations of ordinances of municipal corporations and other	1757
public bodies authorized by law to adopt penal regulations.	1758

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	1759
deputy marshal, municipal police officer, township constable,	1760
police officer of a township or joint township police district,	1761
member of a police force employed by a metropolitan housing	1762
authority under division (D) of section 3735.31 of the Revised	1763
Code, member of a police force employed by a regional transit	1764
authority under division (Y) of section 306.35 of the Revised	1765
Code, state university law enforcement officer appointed under	1766
section 3345.04 of the Revised Code, public high school law	1767
enforcement officer employed under section 3313.175 of the Revised	1768
Code, veterans' home police officer appointed under section	1769
5907.02 of the Revised Code, special police officer employed by a	1770
port authority under section 4582.04 or 4582.28 of the Revised	1771
Code, or a special police officer employed by a municipal	1772
corporation at a municipal airport, or other municipal air	1773
navigation facility, that has scheduled operations, as defined in	1774
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1775
C.F.R. 119.3, as amended, and that is required to be under a	1776
security program and is governed by aviation security rules of the	1777
transportation security administration of the United States	1778
department of transportation as provided in Parts 1542. and 1544.	1779
of Title 49 of the Code of Federal Regulations, as amended, shall	1780
arrest and detain, until a warrant can be obtained, a person found	1781
violating, within the limits of the political subdivision,	1782
metropolitan housing authority housing project, regional transit	1783
authority facilities or areas of a municipal corporation that have	1784
been agreed to by a regional transit authority and a municipal	1785
corporation located within its territorial jurisdiction, college,	1786
university, veterans' home operated under Chapter 5907. of the	1787
Revised Code, port authority, or municipal airport or other	1788
municipal air navigation facility, in which the peace officer is	1789
appointed, employed, or elected, a law of this state, an	1790
ordinance of a municipal corporation, or a resolution of a	1791
township.	1792

(2) A peace officer of the department of natural resources, a	1793
state fire marshal law enforcement officer described in division	1794
(A)(23) of section 109.71 of the Revised Code, or an individual	1795
designated to perform law enforcement duties under section	1796
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	1797
detain, until a warrant can be obtained, a person found	1798
violating, within the limits of the peace officer's, state fire	1799
marshal law enforcement officer's, or individual's territorial	1800
jurisdiction, a law of this state.	1801

(3) The house sergeant at arms if the house sergeant at arms	1802
has arrest authority pursuant to division (E)(1) of section	1803
101.311 of the Revised Code and an assistant house sergeant at	1804
arms shall arrest and detain, until a warrant can be obtained, a	1805
person found violating, within the limits of the sergeant at	1806
arms's or assistant sergeant at arms's territorial jurisdiction	1807
specified in division (D)(1)(a) of section 101.311 of the Revised	1808
Code or while providing security pursuant to division (D)(1)(f) of	1809
section 101.311 of the Revised Code, a law of this state, an	1810
ordinance of a municipal corporation, or a resolution of a	1811
township.	1812

(B)(1) When there is reasonable ground to believe that an	1813
offense of violence, the offense of criminal child enticement as	1814
defined in section 2905.05 of the Revised Code, the offense of	1815
public indecency as defined in section 2907.09 of the Revised	1816
Code, the offense of domestic violence as defined in section	1817
2919.25 of the Revised Code, the offense of violating a protection	1818
order as defined in section 2919.27 of the Revised Code, the	1819
offense of menacing by stalking as defined in section 2903.211 of	1820
the Revised Code, the offense of aggravated trespass as defined in	1821
section 2911.211 of the Revised Code, a theft offense as defined	1822
in section 2913.01 of the Revised Code, or a felony drug abuse	1823
offense as defined in section 2925.01 of the Revised Code, has	1824
been committed within the limits of the political subdivision,	1825
metropolitan housing authority housing project, regional transit	1826
authority facilities or those areas of a municipal corporation	1827
that have been agreed to by a regional transit authority and a	1828
municipal corporation located within its territorial jurisdiction,	1829
college, university, veterans' home operated under Chapter 5907.	1830
of the Revised Code, port authority, or municipal airport or other	1831
municipal air navigation facility, in which the peace officer is	1832
appointed, employed, or elected or within the limits of the	1833
territorial jurisdiction of the peace officer, a peace officer	1834
described in division (A) of this section may arrest and detain	1835
until a warrant can be obtained any person who the peace officer	1836
has reasonable cause to believe is guilty of the violation.	1837

(2) For purposes of division (B)(1) of this section, the	1838
execution of any of the following constitutes reasonable ground to	1839
believe that the offense alleged in the statement was committed	1840
and reasonable cause to believe that the person alleged in the	1841
statement to have committed the offense is guilty of the	1842
violation:	1843

(a) A written statement by a person alleging that an alleged	1844
offender has committed the offense of menacing by stalking or	1845
aggravated trespass;	1846

(b) A written statement by the administrator of the	1847
interstate compact on mental health appointed under section	1848
5119.51 of the Revised Code alleging that a person who had been	1849
hospitalized, institutionalized, or confined in any facility under	1850
an order made pursuant to or under authority of section 2945.37,	1851
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1852
Revised Code has escaped from the facility, from confinement in a	1853
vehicle for transportation to or from the facility, or from	1854
supervision by an employee of the facility that is incidental to	1855
hospitalization, institutionalization, or confinement in the	1856
facility and that occurs outside of the facility, in violation of	1857
section 2921.34 of the Revised Code;	1858

(c) A written statement by the administrator of any facility	1859
in which a person has been hospitalized, institutionalized, or	1860
confined under an order made pursuant to or under authority of	1861
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1862
2945.402 of the Revised Code alleging that the person has escaped	1863
from the facility, from confinement in a vehicle for	1864
transportation to or from the facility, or from supervision by an	1865
employee of the facility that is incidental to hospitalization,	1866
institutionalization, or confinement in the facility and that	1867
occurs outside of the facility, in violation of section 2921.34 of	1868
the Revised Code.	1869

(3)(a) For purposes of division (B)(1) of this section, a	1870
peace officer described in division (A) of this section has	1871
reasonable grounds to believe that the offense of domestic	1872
violence or the offense of violating a protection order has been	1873
committed and reasonable cause to believe that a particular person	1874
is guilty of committing the offense if any of the following	1875
occurs:	1876

(i) A person executes a written statement alleging that the	1877
person in question has committed the offense of domestic violence	1878
or the offense of violating a protection order against the person	1879
who executes the statement or against a child of the person who	1880
executes the statement.	1881

(ii) No written statement of the type described in division	1882
(B)(3)(a)(i) of this section is executed, but the peace officer,	1883
based upon the peace officer's own knowledge and observation of	1884
the facts and circumstances of the alleged incident of the offense	1885
of domestic violence or the alleged incident of the offense of	1886
violating a protection order or based upon any other information,	1887
including, but not limited to, any reasonably trustworthy	1888
information given to the peace officer by the alleged victim of	1889
the alleged incident of the offense or any witness of the alleged	1890
incident of the offense, concludes that there are reasonable	1891
grounds to believe that the offense of domestic violence or the	1892
offense of violating a protection order has been committed and	1893
reasonable cause to believe that the person in question is guilty	1894
of committing the offense.	1895

(iii) No written statement of the type described in division	1896
(B)(3)(a)(i) of this section is executed, but the peace officer	1897
witnessed the person in question commit the offense of domestic	1898
violence or the offense of violating a protection order.	1899

(b) If pursuant to division (B)(3)(a) of this section a peace	1900
officer has reasonable grounds to believe that the offense of	1901
domestic violence or the offense of violating a protection order	1902
has been committed and reasonable cause to believe that a	1903
particular person is guilty of committing the offense, it is the	1904
preferred course of action in this state that the officer arrest	1905
and detain that person pursuant to division (B)(1) of this section	1906
until a warrant can be obtained.	1907

If pursuant to division (B)(3)(a) of this section a peace	1908
officer has reasonable grounds to believe that the offense of	1909
domestic violence or the offense of violating a protection order	1910
has been committed and reasonable cause to believe that family or	1911
household members have committed the offense against each other,	1912
it is the preferred course of action in this state that the	1913
officer, pursuant to division (B)(1) of this section, arrest and	1914
detain until a warrant can be obtained the family or household	1915
member who committed the offense and whom the officer has	1916
reasonable cause to believe is the primary physical aggressor.	1917
There is no preferred course of action in this state regarding any	1918
other family or household member who committed the offense and	1919
whom the officer does not have reasonable cause to believe is the	1920
primary physical aggressor, but, pursuant to division (B)(1) of	1921
this section, the peace officer may arrest and detain until a	1922
warrant can be obtained any other family or household member who	1923
committed the offense and whom the officer does not have	1924
reasonable cause to believe is the primary physical aggressor.	1925

(c) If a peace officer described in division (A) of this	1926
section does not arrest and detain a person whom the officer has	1927
reasonable cause to believe committed the offense of domestic	1928
violence or the offense of violating a protection order when it is	1929
the preferred course of action in this state pursuant to division	1930
(B)(3)(b) of this section that the officer arrest that person, the	1931
officer shall articulate in the written report of the incident	1932
required by section 2935.032 of the Revised Code a clear statement	1933
of the officer's reasons for not arresting and detaining that	1934
person until a warrant can be obtained.	1935

(d) In determining for purposes of division (B)(3)(b) of this	1936
section which family or household member is the primary physical	1937
aggressor in a situation in which family or household members have	1938
committed the offense of domestic violence or the offense of	1939
violating a protection order against each other, a peace officer	1940
described in division (A) of this section, in addition to any	1941
other relevant circumstances, should consider all of the	1942
following:	1943

(i) Any history of domestic violence or of any other violent	1944
acts by either person involved in the alleged offense that the	1945
officer reasonably can ascertain;	1946

(ii) If violence is alleged, whether the alleged violence was	1947
caused by a person acting in self-defense;	1948

(iii) Each person's fear of physical harm, if any, resulting	1949
from the other person's threatened use of force against any person	1950
or resulting from the other person's use or history of the use of	1951
force against any person, and the reasonableness of that fear;	1952

(iv) The comparative severity of any injuries suffered by the	1953
persons involved in the alleged offense.	1954

(e)(i) A peace officer described in division (A) of this	1955
section shall not require, as a prerequisite to arresting or	1956
charging a person who has committed the offense of domestic	1957
violence or the offense of violating a protection order, that the	1958
victim of the offense specifically consent to the filing of	1959
charges against the person who has committed the offense or sign a	1960
complaint against the person who has committed the offense.	1961

(ii) If a person is arrested for or charged with committing	1962
the offense of domestic violence or the offense of violating a	1963
protection order and if the victim of the offense does not	1964
cooperate with the involved law enforcement or prosecuting	1965
authorities in the prosecution of the offense or, subsequent to	1966
the arrest or the filing of the charges, informs the involved law	1967
enforcement or prosecuting authorities that the victim does not	1968
wish the prosecution of the offense to continue or wishes to drop	1969
charges against the alleged offender relative to the offense, the	1970
involved prosecuting authorities, in determining whether to	1971
continue with the prosecution of the offense or whether to dismiss	1972
charges against the alleged offender relative to the offense and	1973
notwithstanding the victim's failure to cooperate or the victim's	1974
wishes, shall consider all facts and circumstances that are	1975
relevant to the offense, including, but not limited to, the	1976
statements and observations of the peace officers who responded to	1977
the incident that resulted in the arrest or filing of the charges	1978
and of all witnesses to that incident.	1979

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1980
this section whether to arrest a person pursuant to division	1981
(B)(1) of this section, a peace officer described in division (A)	1982
of this section shall not consider as a factor any possible	1983
shortage of cell space at the detention facility to which the	1984
person will be taken subsequent to the person's arrest or any	1985
possibility that the person's arrest might cause, contribute to,	1986
or exacerbate overcrowding at that detention facility or at any	1987
other detention facility.	1988

(g) If a peace officer described in division (A) of this	1989
section intends pursuant to divisions (B)(3)(a) to (g) of this	1990
section to arrest a person pursuant to division (B)(1) of this	1991
section and if the officer is unable to do so because the person	1992
is not present, the officer promptly shall seek a warrant for the	1993
arrest of the person.	1994

(h) If a peace officer described in division (A) of this	1995
section responds to a report of an alleged incident of the offense	1996
of domestic violence or an alleged incident of the offense of	1997
violating a protection order and if the circumstances of the	1998
incident involved the use or threatened use of a deadly weapon or	1999
any person involved in the incident brandished a deadly weapon	2000
during or in relation to the incident, the deadly weapon that was	2001
used, threatened to be used, or brandished constitutes contraband,	2002
and, to the extent possible, the officer shall seize the deadly	2003
weapon as contraband pursuant to Chapter 2981. of the Revised	2004
Code. Upon the seizure of a deadly weapon pursuant to division	2005
(B)(3)(h) of this section, section 2981.12 of the Revised Code	2006
shall apply regarding the treatment and disposition of the deadly	2007
weapon. For purposes of that section, the "underlying criminal	2008
offense" that was the basis of the seizure of a deadly weapon	2009
under division (B)(3)(h) of this section and to which the deadly	2010
weapon had a relationship is any of the following that is	2011
applicable:	2012

(i) The alleged incident of the offense of domestic violence	2013
or the alleged incident of the offense of violating a protection	2014
order to which the officer who seized the deadly weapon responded;	2015

(ii) Any offense that arose out of the same facts and	2016
circumstances as the report of the alleged incident of the offense	2017
of domestic violence or the alleged incident of the offense of	2018
violating a protection order to which the officer who seized the	2019
deadly weapon responded.	2020

(4) If, in the circumstances described in divisions (B)(3)(a)	2021
to (g) of this section, a peace officer described in division (A)	2022
of this section arrests and detains a person pursuant to division	2023
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	2024
this section, a peace officer described in division (A) of this	2025
section seizes a deadly weapon, the officer, to the extent	2026
described in and in accordance with section 9.86 or 2744.03 of the	2027
Revised Code, is immune in any civil action for damages for	2028
injury, death, or loss to person or property that arises from or	2029
is related to the arrest and detention or the seizure.	2030

(C) When there is reasonable ground to believe that a	2031
violation of division (A)(1), (2), (3), (4), or (5) of section	2032
4506.15 or a violation of section 4511.19 of the Revised Code has	2033
been committed by a person operating a motor vehicle subject to	2034
regulation by the public utilities commission of Ohio under Title	2035
XLIX of the Revised Code, a peace officer with authority to	2036
enforce that provision of law may stop or detain the person whom	2037
the officer has reasonable cause to believe was operating the	2038
motor vehicle in violation of the division or section and, after	2039
investigating the circumstances surrounding the operation of the	2040
vehicle, may arrest and detain the person.	2041

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	2042
municipal police officer, member of a police force employed by a	2043
metropolitan housing authority under division (D) of section	2044
3735.31 of the Revised Code, member of a police force employed by	2045
a regional transit authority under division (Y) of section 306.35	2046
of the Revised Code, special police officer employed by a port	2047
authority under section 4582.04 or 4582.28 of the Revised Code,	2048
special police officer employed by a municipal corporation at a	2049
municipal airport or other municipal air navigation facility	2050
described in division (A) of this section, township constable,	2051
police officer of a township or joint township police district,	2052
state university law enforcement officer appointed under section	2053
3345.04 of the Revised Code, public high school law enforcement	2054
officer employed under section 3313.175 of the Revised Code, peace	2055
officer of the department of natural resources, individual	2056
designated to perform law enforcement duties under section	2057
511.232, 1545.13, or 6101.75 of the Revised Code, the house	2058
sergeant at arms if the house sergeant at arms has arrest	2059
authority pursuant to division (E)(1) of section 101.311 of the	2060
Revised Code, or an assistant house sergeant at arms is authorized	2061
by division (A) or (B) of this section to arrest and detain,	2062
within the limits of the political subdivision, metropolitan	2063
housing authority housing project, regional transit authority	2064
facilities or those areas of a municipal corporation that have	2065
been agreed to by a regional transit authority and a municipal	2066
corporation located within its territorial jurisdiction, port	2067
authority, municipal airport or other municipal air navigation	2068
facility, college, or university in which the officer is	2069
appointed, employed, or elected or within the limits of the	2070
territorial jurisdiction of the peace officer, a person until a	2071
warrant can be obtained, the peace officer, outside the limits of	2072
that territory, may pursue, arrest, and detain that person until a	2073
warrant can be obtained if all of the following apply:	2074

(1) The pursuit takes place without unreasonable delay after	2075
the offense is committed;	2076

(2) The pursuit is initiated within the limits of the	2077
political subdivision, metropolitan housing authority housing	2078
project, regional transit authority facilities or those areas of a	2079
municipal corporation that have been agreed to by a regional	2080
transit authority and a municipal corporation located within its	2081
territorial jurisdiction, port authority, municipal airport or	2082
other municipal air navigation facility, college, or university in	2083
which the peace officer is appointed, employed, or elected or	2084
within the limits of the territorial jurisdiction of the peace	2085
officer;	2086

(3) The offense involved is a felony, a misdemeanor of the	2087
first degree or a substantially equivalent municipal ordinance, a	2088
misdemeanor of the second degree or a substantially equivalent	2089
municipal ordinance, or any offense for which points are	2090
chargeable pursuant to section 4510.036 of the Revised Code.	2091

(E) In addition to the authority granted under division (A)	2092
or (B) of this section:	2093

(1) A sheriff or deputy sheriff may arrest and detain, until	2094
a warrant can be obtained, any person found violating section	2095
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	2096
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	2097
portion of any street or highway that is located immediately	2098
adjacent to the boundaries of the county in which the sheriff or	2099
deputy sheriff is elected or appointed.	2100

(2) A member of the police force of a township police	2101
district created under section 505.48 of the Revised Code, a	2102
member of the police force of a joint township police district	2103
created under section 505.481 of the Revised Code, or a township	2104
constable appointed in accordance with section 509.01 of the	2105
Revised Code, who has received a certificate from the Ohio peace	2106
officer training commission under section 109.75 of the Revised	2107
Code, may arrest and detain, until a warrant can be obtained, any	2108
person found violating any section or chapter of the Revised Code	2109
listed in division (E)(1) of this section, other than sections	2110
4513.33 and 4513.34 of the Revised Code, on the portion of any	2111
street or highway that is located immediately adjacent to the	2112
boundaries of the township police district or joint township	2113
police district, in the case of a member of a township police	2114
district or joint township police district police force, or the	2115
unincorporated territory of the township, in the case of a	2116
township constable. However, if the population of the township	2117
that created the township police district served by the member's	2118
police force, or the townships that created the joint township	2119
police district served by the member's police force, or the	2120
township that is served by the township constable, is sixty	2121
thousand or less, the member of the township police district or	2122
joint police district police force or the township constable may	2123
not make an arrest under division (E)(2) of this section on a	2124
state highway that is included as part of the interstate system.	2125

(3) A police officer or village marshal appointed, elected,	2126
or employed by a municipal corporation may arrest and detain,	2127
until a warrant can be obtained, any person found violating any	2128
section or chapter of the Revised Code listed in division (E)(1)	2129
of this section on the portion of any street or highway that is	2130
located immediately adjacent to the boundaries of the municipal	2131
corporation in which the police officer or village marshal is	2132
appointed, elected, or employed.	2133

(4) A peace officer of the department of natural resources, a	2134
state fire marshal law enforcement officer described in division	2135
(A)(23) of section 109.71 of the Revised Code, or an individual	2136
designated to perform law enforcement duties under section	2137
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	2138
detain, until a warrant can be obtained, any person found	2139
violating any section or chapter of the Revised Code listed in	2140
division (E)(1) of this section, other than sections 4513.33 and	2141
4513.34 of the Revised Code, on the portion of any street or	2142
highway that is located immediately adjacent to the boundaries of	2143
the lands and waters that constitute the territorial jurisdiction	2144
of the peace officer or state fire marshal law enforcement	2145
officer.	2146

(F)(1) A department of mental health special police officer	2147
or a department of mental retardation and developmental	2148
disabilities special police officer may arrest without a warrant	2149
and detain until a warrant can be obtained any person found	2150
committing on the premises of any institution under the	2151
jurisdiction of the particular department a misdemeanor under a	2152
law of the state.	2153

A department of mental health special police officer or a	2154
department of mental retardation and developmental disabilities	2155
special police officer may arrest without a warrant and detain	2156
until a warrant can be obtained any person who has been	2157
hospitalized, institutionalized, or confined in an institution	2158
under the jurisdiction of the particular department pursuant to or	2159
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	2160
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	2161
found committing on the premises of any institution under the	2162
jurisdiction of the particular department a violation of section	2163
2921.34 of the Revised Code that involves an escape from the	2164
premises of the institution.	2165

(2)(a) If a department of mental health special police	2166
officer or a department of mental retardation and developmental	2167
disabilities special police officer finds any person who has been	2168
hospitalized, institutionalized, or confined in an institution	2169
under the jurisdiction of the particular department pursuant to or	2170
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	2171
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	2172
violation of section 2921.34 of the Revised Code that involves an	2173
escape from the premises of the institution, or if there is	2174
reasonable ground to believe that a violation of section 2921.34	2175
of the Revised Code has been committed that involves an escape	2176
from the premises of an institution under the jurisdiction of the	2177
department of mental health or the department of mental	2178
retardation and developmental disabilities and if a department of	2179
mental health special police officer or a department of mental	2180
retardation and developmental disabilities special police officer	2181
has reasonable cause to believe that a particular person who has	2182
been hospitalized, institutionalized, or confined in the	2183
institution pursuant to or under authority of section 2945.37,	2184
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	2185
Revised Code is guilty of the violation, the special police	2186
officer, outside of the premises of the institution, may pursue,	2187
arrest, and detain that person for that violation of section	2188
2921.34 of the Revised Code, until a warrant can be obtained, if	2189
both of the following apply:	2190

(i) The pursuit takes place without unreasonable delay after	2191
the offense is committed;	2192

(ii) The pursuit is initiated within the premises of the	2193
institution from which the violation of section 2921.34 of the	2194
Revised Code occurred.	2195

(b) For purposes of division (F)(2)(a) of this section, the	2196
execution of a written statement by the administrator of the	2197
institution in which a person had been hospitalized,	2198
institutionalized, or confined pursuant to or under authority of	2199
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	2200
2945.402 of the Revised Code alleging that the person has escaped	2201
from the premises of the institution in violation of section	2202
2921.34 of the Revised Code constitutes reasonable ground to	2203
believe that the violation was committed and reasonable cause to	2204
believe that the person alleged in the statement to have committed	2205
the offense is guilty of the violation.	2206

(G) As used in this section:

2207

(1) A "department of mental health special police officer"	2208
means a special police officer of the department of mental health	2209
designated under section 5119.14 of the Revised Code who is	2210
certified by the Ohio peace officer training commission under	2211
section 109.77 of the Revised Code as having successfully	2212
completed an approved peace officer basic training program.	2213

(2) A "department of mental retardation and developmental	2214
disabilities special police officer" means a special police	2215
officer of the department of mental retardation and developmental	2216
disabilities designated under section 5123.13 of the Revised Code	2217
who is certified by the Ohio peace officer training council under	2218
section 109.77 of the Revised Code as having successfully	2219
completed an approved peace officer basic training program.	2220

(3) "Deadly weapon" has the same meaning as in section	2221
2923.11 of the Revised Code.	2222

(4) "Family or household member" has the same meaning as in	2223
section 2919.25 of the Revised Code.	2224

(5) "Street" or "highway" has the same meaning as in section	2225
4511.01 of the Revised Code.	2226

(6) "Interstate system" has the same meaning as in section	2227
5516.01 of the Revised Code.	2228

(7) "Peace officer of the department of natural resources"	2229
means an employee of the department of natural resources who is a	2230
natural resources law enforcement staff officer designated	2231
pursuant to section 1501.013 of the Revised Code, a forest officer	2232
designated pursuant to section 1503.29 of the Revised Code, a	2233
preserve officer designated pursuant to section 1517.10 of the	2234
Revised Code, a wildlife officer designated pursuant to section	2235
1531.13 of the Revised Code, a park officer designated pursuant to	2236
section 1541.10 of the Revised Code, or a state watercraft officer	2237
designated pursuant to section 1547.521 of the Revised Code.	2238

(8) "Portion of any street or highway" means all lanes of the	2239
street or highway irrespective of direction of travel, including	2240
designated turn lanes, and any berm, median, or shoulder.	2241

Sec. 2935.031.  Any agency, instrumentality, or political	2242
subdivision of the state that employs a sheriff, deputy sheriff,	2243
constable, marshal, deputy marshal, police officer, member of a	2244
metropolitan housing authority police force, state university law	2245
enforcement officer, public high school law enforcement officer,	2246
or veterans' home police officer with arrest authority under	2247
section 2935.03 of the Revised Code or that employs other persons	2248
with arrest authority under the Revised Code, shall adopt a policy	2249
for the pursuit in a motor vehicle of any person who violates a	2250
law of this state or an ordinance of a municipal corporation. The	2251
chief law enforcement officer or other chief official of the	2252
agency, instrumentality, or political subdivision shall formally	2253
advise each peace officer or other person with arrest authority it	2254
employs of the pursuit policy adopted by that agency,	2255
instrumentality, or political subdivision pursuant to this	2256
section.	2257

Sec. 2935.24.  A judge of a court of record may, by an	2258
endorsement under histhe judge's hand upon a warrant of arrest,	2259
authorize the service thereof by telegraph, teletype, wire photo,	2260
or other means whereby a written or facsimile copy may be	2261
transmitted, and thereafter a copy of such warrant may be sent by	2262
any such means to any law enforcement officer. Such copy is	2263
effectual in the hands of any law enforcement officer and hethe	2264
law enforcement officer shall proceed in the same manner under it	2265
as though hethe law enforcement officer held the orginaloriginal	2266
warrant issued by the court making the endorsement, except that a	2267
state university law enforcement officer or public high school law	2268
enforcement officer shall not arrest for a minor misdemeanor on	2269
the basis of a written or facsimile copy of a warrant of arrest.	2270
Every officer causing copies of warrants to be sent pursuant to	2271
this section, shall certify as correct and file in the office from	2272
which such warrant was sent, a copy of such warrant and	2273
endorsement thereon, and shall return the original with a	2274
statement of histhe officer's action thereunder.	2275

Sec. 3313.175. (A) As used in this section:

2276

(1) "Felony" has the same meaning as in section 109.511 of	2277
the Revised Code.	2278

(2) "School grounds or premises" means any real or personal	2279
property that serves high school students and is owned by a city,	2280
exempted village, local, or joint vocational school district or an	2281
educational service center or that is under the control of any	2282
board of education of a city, exempted village, local, or joint	2283
vocational school district or governing board of an educational	2284
service center.	2285

(B)(1) Subject to division (C) of this section, the board of	2286
education of a city, local, exempted village, or joint vocational	2287
school district or the governing board of an educational service	2288
center may employ one or more public high school law enforcement	2289
officers subject to section 109.77 of the Revised Code to maintain	2290
the safety and welfare of its students and employees on school	2291
grounds or premises it owns or controls, to maintain the safety	2292
and welfare of other persons authorized under rules adopted by the	2293
board under division (A) of section 3313.20 of the Revised Code to	2294
be present on school grounds or premises it owns or controls, to	2295
protect property it owns or controls, and to protect student and	2296
employee property located on school grounds or premises it owns or	2297
controls. In addition to any powers provided and duties required	2298
elsewhere by law, a public high school law enforcement officer	2299
shall, to the extent required by the officer's contract of	2300
employment or rules adopted by the board that employs the officer,	2301
enforce all rules, regulations, and written policies adopted by	2302
that board.	2303

(2) A public high school law enforcement officer shall take	2304
an oath of office, wear the badge of office, serve as a peace	2305
officer for the school district or educational service center, and	2306
give bond to the board of education or governing board that	2307
employs the officer for the proper and faithful discharge of the	2308
officer's duties in the amount that the board of education or	2309
governing board requires.	2310

(C)(1) The board of education or governing board shall not	2311
employ as a public high school law enforcement officer on a	2312
permanent basis, on a temporary basis, for a probationary term, or	2313
on other than a permanent basis a person who previously has been	2314
convicted of or has pleaded guilty to a felony.	2315

(2)(a) The board of education or governing board shall	2316
terminate the employment of a public high school law enforcement	2317
officer if that officer does either of the following:	2318

(i) Pleads guilty to a felony;

2319

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2320
plea agreement as provided in division (D) of section 2929.43 of	2321
the Revised Code in which the employee agrees to surrender the	2322
certificate awarded to the employee under section 109.77 of the	2323
Revised Code.	2324

(b) The board of education or governing board shall suspend	2325
from employment a public high school law enforcement officer who	2326
is convicted, after trial, of a felony. If the public high school	2327
law enforcement officer files an appeal from that conviction and	2328
the conviction is upheld by the highest court to which the appeal	2329
is taken or if the public high school law enforcement officer does	2330
not file a timely appeal, the board of education or governing	2331
board shall terminate the employment of that public high school	2332
law enforcement officer. If the public high school law enforcement	2333
officer files an appeal that results in that officer's acquittal	2334
of the felony or conviction of a misdemeanor, or in the dismissal	2335
of the felony charge against that officer, the board of education	2336
or governing board shall reinstate that public high school law	2337
enforcement officer. A public high school law enforcement officer	2338
who is reinstated under division (C)(2)(b) of this section shall	2339
not receive any back pay unless that officer's conviction of the	2340
felony was reversed on appeal, or the felony charge was dismissed,	2341
because the court found insufficient evidence to convict the	2342
officer of the felony.	2343

(3) Division (C) of this section does not apply to an offense	2344
that was committed prior to January 1, 1997.	2345

(4) The suspension from employment, or the termination of the	2346
employment, of a public high school law enforcement officer under	2347
division (C)(2) of this section shall be in accordance with	2348
Chapter 119. of the Revised Code.	2349

Section 2. That existing sections 109.57, 109.71, 109.77,	2350
145.01, 145.33, 2921.51, 2935.01, 2935.03, 2935.031, and 2935.24	2351
of the Revised Code are hereby repealed.	2352

Section 3.  Section 109.57 of the Revised Code is presented	2353
in this act as a composite of the section as amended by both Sub.	2354
H.B. 428 and Sub. S.B. 163 of the 127th General Assembly. Section	2355
109.77 of the Revised Code is presented in this act as a	2356
composite of the section as amended by Am. Sub. H.B. 490, Sub.	2357
H.B. 545, and H.B. 675 of the 124th General Assembly. Section	2358
2921.51 of the Revised Code is presented in this act as a	2359
composite of the section as amended by both Sub. H.B. 259 and	2360
Sub. S.B. 281 of the 126th General Assembly. The General	2361
Assembly, applying the principle stated in division (B) of	2362
section 1.52 of the Revised Code that amendments are to be	2363
harmonized if reasonably capable of simultaneous operation, finds	2364
that the composites are the resulting versions of the sections in	2365
effect prior to the effective date of the sections as presented	2366
in this act.	2367