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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. | 13 |
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 | 651 |
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 | 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 | 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, | 1654 |
investigator of the bureau of criminal identification and | 1655 |
investigation. | 1656 |
(C) No person, by impersonating a peace officer, private | 1657 |
police officer, | 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, | 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, | 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 | 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 | 2264 |
law enforcement officer shall proceed in the same manner under it | 2265 |
as though | 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 | 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 |