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(136th General Assembly)
(Substitute
House Bill Number 23)
AN
ACT
To amend section 4973.17 and
to enact section 5502.54 of the Revised Code to create the escaped
convict alert program and to allow a prior parent company of a bank
to apply to the Secretary of State for the appointment and commission
of banking police officers.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
section
4973.17 be amended and
section
5502.54 of the Revised Code be enacted to read as follows:
Sec.
4973.17.
(A)(1)
(A)(1)(a)
Upon the application of any bank; savings and loan association;
savings bank; credit union; or association of banks, savings and loan
associations, savings banks, or credit unions in this state, the
secretary of state may appoint and commission any persons that the
bank; savings and loan association; savings bank; credit union; or
association of banks, savings and loan associations, savings banks,
or credit unions designates, or as many of those persons as the
secretary of state considers proper, to act as police officers for
and on the premises of that bank; savings and loan association;
savings bank; credit union; or association of banks, savings and loan
associations, savings banks, or credit unions; or elsewhere, when
directly in the discharge of their duties.
(b)
Upon the application of any prior parent company of a bank, the
secretary of state may appoint and commission any persons that the
prior parent company of a bank designates, or as many of those
persons as the secretary of state deems proper, to act as police
officers for and on the premises of the bank; savings and loan
association; savings bank; credit union; or association of banks,
savings and loan associations, savings banks, or credit unions that
the prior parent company of the bank previously had a controlling
interest in; or elsewhere, when directly in the discharge of their
duties.
(2)
Police
officers so appointed shall be citizens of this state and of good
character. Police officers so appointed who start to perform their
duties on or after April 14, 2006, shall successfully complete a
training program approved by the Ohio peace officer training
commission described in section 109.71 of the Revised Code and be
certified by the commission within six months after starting to
perform their duties. Police officers so appointed shall hold office
for three years, unless, for good cause shown, their commission is
revoked by the secretary of state, or by the bank; savings and loan
association; savings bank; credit union;
or
association
of banks, savings and loan associations, savings banks, or credit
unions
;
or the prior parent company of a bank
,
as provided by law.
(2)
(3)
Persons commissioned as police officers pursuant to division (A) of
this section prior to April 14, 2006, who have not successfully
completed a training program approved by the Ohio peace officer
training commission, and who have not been certified by the
commission, may be reappointed and re-commissioned by the secretary
of state only during the person's continuous employment as a police
officer by the institution for which the person was employed on April
14, 2006, or by a successor institution to the institution for which
the person was employed on April 14, 2006. The secretary of state
shall note on such appointments and commissions that the person is
not a peace officer as defined in section 109.71 of the Revised Code.
(3)
(4)
For the exclusive purpose of assigning break in service update
training as prescribed in rule 109:2-1-12 (D) of the Administrative
Code, a police officer appointed under division (A) of this section,
who began performing police officer duties on or before April 14,
2006, shall be credited as holding a valid peace officer appointment
retroactive to the date on which the officer began performing these
duties.
(5)
As used in division (A) of this section, "prior parent company
of a bank" means all of the following:
(a)
A company that previously had a controlling interest in a bank;
savings and loan association; savings bank; credit union; or
association of banks, savings and loan associations, savings banks,
or credit unions in this state;
(b)
A company that has sold, divested, or otherwise dissolved the
company's controlling interest in that bank; savings and loan
association; savings bank; credit union; or association of banks,
savings and loan associations, savings banks, or credit unions in
this state;
(c)
A company that had persons appointed and commissioned as police
officers pursuant to division (A) of this section at that bank;
savings and loan association; savings bank; credit union; or
association of banks, savings and loan associations, savings banks,
or credit unions in this state for at least three years prior to the
date that the company sold, divested, or otherwise dissolved the
company's controlling interest in that bank; savings and loan
association; savings bank; credit union; or association of banks,
savings and loan associations, savings banks, or credit unions in
this state.
(B)
Upon the application of a company owning or using a railroad in this
state and subject to section 4973.171 of the Revised Code, the
secretary of state may appoint and commission any persons that the
railroad company designates, or as many of those persons as the
secretary of state considers proper, to act as police officers for
and on the premises of the railroad company, its affiliates or
subsidiaries, or elsewhere, when directly in the discharge of their
duties. Police officers so appointed, within the time set by the Ohio
peace officer training commission, shall successfully complete a
commission approved training program and be certified by the
commission. They shall hold office for three years, unless, for good
cause shown, their commission is revoked by the secretary of state,
or railroad company, as provided by law.
Any
person holding a similar commission in another state may be
commissioned and may hold office in this state without completing the
approved training program required by this division provided that the
person has completed a substantially equivalent training program in
the other state. The Ohio peace officer training commission shall
determine whether a training program in another state meets the
requirements of this division.
(C)
Upon the application of any company under contract with the United
States atomic energy commission for the construction or operation of
a plant at a site owned by the commission, the secretary of state may
appoint and commission persons the company designates, not to exceed
one hundred fifty, to act as police officers for the company at the
plant or site owned by the commission. Police officers so appointed
shall be citizens of this state and of good character. They shall
hold office for three years, unless, for good cause shown, their
commission is revoked by the secretary of state or by the company, as
provided by law.
(D)(1)
Upon the application of any hospital that employs and maintains its
own proprietary police department or security department and that
satisfies division (D)(1)(a) or (b) of this section and subject to
section 4973.171 of the Revised Code, the secretary of state may
appoint and commission any persons that the hospital designates, or
as many of those persons as the secretary of state considers proper,
to act as police officers for the hospital.
A
hospital described in this division must satisfy either of the
following conditions:
(a)
Be operated by a public hospital agency or nonprofit hospital agency;
(b)
Be a for-profit hospital that, before converting to for-profit
status, was operated by a nonprofit hospital agency employing police
officers appointed under this division.
(2)
No person who is appointed as a police officer under division (D)(1)
of this section shall engage in any duties or activities as a police
officer for the hospital or any affiliate or subsidiary of the
hospital unless all of the following apply:
(a)
The chief of police of the municipal corporation in which the
hospital is located or, if the hospital is located in the
unincorporated area of a county, the sheriff of that county has
granted approval to the hospital to permit persons appointed as
police officers under division (D)(1) of this section to engage in
those duties and activities. The approval required by this division
is general in nature and is intended to cover in the aggregate all
persons appointed as police officers for the hospital under division
(D)(1) of this section; a separate approval is not required for each
appointee on an individual basis.
(b)
Subsequent to the grant of approval described in division (D)(2)(a)
of this section, the hospital has entered into a written agreement
with the chief of police of the municipal corporation in which the
hospital is located or, if the hospital is located in the
unincorporated area of a county, with the sheriff of that county,
that sets forth the standards and criteria to govern the interaction
and cooperation between persons appointed as police officers for the
hospital under division (D)(1) of this section and law enforcement
officers serving the agency represented by the chief of police or
sheriff who signed the agreement in areas of their concurrent
jurisdiction. The written agreement shall be signed by the appointing
authority of the hospital and by the chief of police or sheriff. The
standards and criteria may include, but are not limited to,
provisions governing the reporting of offenses discovered by hospital
police officers to the agency represented by the chief of police or
sheriff, provisions governing investigatory responsibilities relative
to offenses committed on hospital property, and provisions governing
the processing and confinement of persons arrested for offenses
committed on hospital property. The agreement required by this
division is intended to apply in the aggregate to all persons
appointed as police officers for the hospital under this division; a
separate agreement is not required for each appointee on an
individual basis.
(c)
The person has successfully completed a training program approved by
the Ohio peace officer training commission and has been certified by
the commission. A person appointed as a police officer under division
(D)(1) of this section may attend a training program approved by the
commission and be certified by the commission regardless of whether
the appropriate chief of police or sheriff has granted the approval
described in division (D)(2)(a) of this section and regardless of
whether the hospital has entered into the written agreement described
in division (D)(2)(b) of this section with the appropriate chief of
police or sheriff.
(3)(a)
A person who is appointed as a police officer under division (D)(1)
of this section is entitled, upon the grant of approval described in
division (D)(2)(a) of this section and upon the person's and the
hospital's compliance with the requirements of divisions (D)(2)(b)
and (c) of this section, to act as a police officer for the hospital
on the premises of the hospital and of its affiliates and
subsidiaries that are within the territory of the municipal
corporation served by the chief of police or the unincorporated area
of the county served by the sheriff who signed the written agreement
described in division (D)(2)(b) of this section, whichever is
applicable, and anywhere else within the territory of that municipal
corporation or within the unincorporated area of that county. The
authority to act as a police officer as described in this division is
granted only if the person, when engaging in that activity, is
directly in the discharge of the person's duties as a police officer
for the hospital. The authority to act as a police officer as
described in this division shall be exercised in accordance with the
standards and criteria set forth in the written agreement described
in division (D)(2)(b) of this section.
(b)
Additionally, a person appointed as a police officer under division
(D)(1) of this section is entitled, upon the grant of approval
described in division (D)(2)(a) of this section and upon the person's
and the hospital's compliance with the requirements of divisions
(D)(2)(b) and (c) of this section, to act as a police officer
elsewhere, within the territory of a municipal corporation or within
the unincorporated area of a county, if the chief of police of that
municipal corporation or the sheriff of that county, respectively,
has granted approval for that activity to the hospital, police
department, or security department served by the person as a police
officer and if the person, when engaging in that activity, is
directly in the discharge of the person's duties as a police officer
for the hospital. The approval described in this division may be
general in nature or may be limited in scope, duration, or
applicability, as determined by the chief of police or sheriff
granting the approval.
(4)
Police officers appointed under division (D)(1) of this section shall
hold office for three years, unless, for good cause shown, their
commission is revoked by the secretary of state or by the hospital,
as provided by law.
(5)
Notwithstanding section 2744.02 of the Revised Code, the municipal
corporation in which the hospital is located or, if the hospital is
located in the unincorporated area of a county, the county is immune
from civil or criminal liability in any action brought under the laws
of this state if all of the following apply:
(a)
The action arises out of the actions of a police officer appointed
under division (D)(1) of this section.
(b)
The actions of the police officer are directly in the discharge of
the person's duties as a police officer for the hospital.
(c)
The actions of the police officer occur on the premises of the
hospital or its affiliates or subsidiaries that are within the
territory of the municipal corporation served by the chief of police
or the unincorporated area of the county served by the sheriff who
signed the agreement described in division (D)(2)(b) of this section,
whichever is applicable, or anywhere else within the territory of
that municipal corporation or within the unincorporated area of that
county.
(6)
A court's finding of tort liability of any public hospital agency,
nonprofit hospital agency, or for-profit hospital for any actions of
a police officer appointed for the applicable hospital agency or
for-profit hospital under division (D)(1) of this section is not
subject to apportionment of tort liability under sections 2307.22 and
2307.23 of the Revised Code with the municipal corporation or the
county in which a written agreement as described in division
(D)(2)(b) of this section is in effect.
(7)
Nothing in division (D)(5) of this section shall be construed as
granting immunity from civil or criminal liability for any actions
occurring on the premises of any hospital operated by a public
hospital agency or nonprofit hospital agency, on the premises of any
for-profit hospital, or on the premises of that hospital's affiliate
or subsidiary to any of the following:
(a)
Any police officer appointed under division (D)(1) of this section;
(b)
Any hospital that applied for the appointment of any police officer
under division (D)(1) of this section, or any affiliate or subsidiary
of the hospital;
(c)
Any other police or security officer who is employed by, or whose
services are utilized by, any hospital operated by a public hospital
agency or a nonprofit hospital agency, any for-profit hospital, or
any affiliate or subsidiary of the hospital;
(d)
Any entity that supplies the services of police or security officers
to any hospital operated by a public hospital agency or a nonprofit
hospital agency, any for-profit hospital, or any affiliate or
subsidiary of the hospital.
(8)
As used in division (D) of this section:
(a)
"Public hospital agency" and "nonprofit hospital
agency" have the same meanings as in section 140.01 of the
Revised Code.
(b)
"Tort liability" means the liability of a party as
determined by a court in a tort action as defined in section 2307.011
of the Revised Code.
(E)(1)
Upon the application of any owner or operator of an amusement park
that has an average yearly attendance in excess of six hundred
thousand guests and that employs and maintains its own proprietary
police department or security department and subject to section
4973.171 of the Revised Code, any judge of the municipal court or
county court that has territorial jurisdiction over the amusement
park may appoint and commission any persons that the owner or
operator designates, or as many of those persons as the judge
considers proper, to act as police officers for the amusement park.
If the amusement park is located in more than one county, any judge
of the municipal court or county court of any of those counties may
make the appointments and commissions as described in this division.
No person who is appointed as a police officer under this division
shall engage in any duties or activities as a police officer for the
amusement park or any affiliate or subsidiary of the owner or
operator of the amusement park unless all of the following apply:
(a)
The appropriate chief or chiefs of police of the political
subdivision or subdivisions in which the amusement park is located as
specified in this division have granted approval to the owner or
operator of the amusement park to permit persons appointed as police
officers under this division to engage in those duties and
activities. If the amusement park is located in a single municipal
corporation or a single township, the chief of police of that
municipal corporation or township is the appropriate chief of police
for the grant of approval under this division. If the amusement park
is located in two or more townships, two or more municipal
corporations, or one or more townships and one or more municipal
corporations, the chiefs of police of all of the affected townships
and municipal corporations are the appropriate chiefs of police for
the grant of approval under this division, and the approval must be
jointly granted by all of those chiefs of police. The approval
required by this division is general in nature and is intended to
cover in the aggregate all persons appointed as police officers for
the amusement park under this division. A separate approval is not
required for each appointee on an individual basis.
(b)
Subsequent to the grant of approval described in division (E)(1)(a)
of this section, the owner or operator has entered into a written
agreement with the appropriate chief or chiefs of police of the
political subdivision or subdivisions in which the amusement park is
located as specified in this division and has provided the sheriff of
the county in which the political subdivision or subdivisions are
located with a copy of the agreement. If the amusement park is
located in a single municipal corporation or a single township, the
chief of police of that municipal corporation or township is the
appropriate chief of police for entering into the written agreement
under this division. If the amusement park is located in two or more
townships, two or more municipal corporations, or one or more
townships and one or more municipal corporations, the chiefs of
police of all of the affected townships and municipal corporations
are the appropriate chiefs of police for entering into the written
agreement under this division, and the written agreement must be
jointly entered into by all of those chiefs of police. The written
agreement between the owner or operator and the chief or chiefs of
police shall address the scope of activities, the duration of the
agreement, and mutual aid arrangements and shall set forth the
standards and criteria to govern the interaction and cooperation
between persons appointed as police officers for the amusement park
under this division and law enforcement officers serving the agency
represented by the chief of police who signed the agreement. The
written agreement shall be signed by the owner or operator and by the
chief or chiefs of police who enter into it. The standards and
criteria may include, but are not limited to, provisions governing
the reporting of offenses discovered by the amusement park's police
officers to the agency represented by the chief of police of the
municipal corporation or township in which the offense occurred,
provisions governing investigatory responsibilities relative to
offenses committed on amusement park property, and provisions
governing the processing and confinement of persons arrested for
offenses committed on amusement park property. The agreement required
by this division is intended to apply in the aggregate to all persons
appointed as police officers for the amusement park under this
division. A separate agreement is not required for each appointee on
an individual basis.
(c)
The person has successfully completed a training program approved by
the Ohio peace officer training commission and has been certified by
the commission. A person appointed as a police officer under this
division may attend a training program approved by the commission and
be certified by the commission regardless of whether the appropriate
chief of police has granted the approval described in division
(E)(1)(a) of this section and regardless of whether the owner or
operator of the amusement park has entered into the written agreement
described in division (E)(1)(b) of this section with the appropriate
chief of police.
(2)(a)
A person who is appointed as a police officer under division (E)(1)
of this section is entitled, upon the grant of approval described in
section (E)(1)(a) of this section and upon the person's and the owner
or operator's compliance with the requirements of division (E)(1)(b)
and (c) of this section, to act as a police officer for the amusement
park and its affiliates and subsidiaries that are within the
territory of the political subdivision or subdivisions served by the
chief of police, or respective chiefs of police, who signed the
written agreement described in division (E)(1)(b) of this section,
and upon any contiguous real property of the amusement park that is
covered by the written agreement, whether within or adjacent to the
political subdivision or subdivisions. The authority to act as a
police officer as described in this division is granted only if the
person, when engaging in that activity, is directly in the discharge
of the person's duties as a police officer for the amusement park.
The authority to act as a police officer as described in this
division shall be exercised in accordance with the standards and
criteria set forth in the written agreement described in division
(E)(1)(b) of this section.
(b)
In addition to the authority granted under division (E)(2)(a) of this
section, a person appointed as a police officer under division (E)(1)
of this section is entitled, upon the grant of approval described in
division (E)(1)(a) of this section and upon the person's and the
owner or operator's compliance with the requirements of divisions
(E)(1)(b) and (c) of this section, to act as a police officer
elsewhere within the territory of a municipal corporation or township
if the chief of police of that municipal corporation or township has
granted approval for that activity to the owner or operator served by
the person as a police officer and if the person, when engaging in
that activity, is directly in the discharge of the person's duties as
a police officer for the amusement park. The approval described in
this division may be general in nature or may be limited in scope,
duration, or applicability, as determined by the chief of police
granting the approval.
(3)
Police officers appointed under division (E)(1) of this section shall
hold office for five years, unless, for good cause shown, their
commission is revoked by the appointing judge or the judge's
successor or by the owner or operator, as provided by law.
(F)
A fee of fifteen dollars for each commission applied for under this
section shall be paid at the time the application is made, and this
amount shall be returned if for any reason a commission is not
issued.
Sec.
5502.54.
(A)
"Law enforcement agency" means an organization or unit made
up of law enforcement officers as defined in section 2901.01 of the
Revised Code.
(B)(1)
The escaped convict alert program is created to aid in the
identification and location of any person who was convicted of or
pleaded guilty to a felony offense or was indicted or otherwise
charged with the commission of a felony offense who has escaped from
a jail, workhouse, or correctional institution while incarcerated for
or awaiting adjudication of that felony offense. For purposes of this
section, a jail, workhouse, or correctional institution does not
include a community-based correctional facility or halfway house.
(2)
A law enforcement agency that receives a notice pursuant to section
341.011, 753.19, or 5120.14 of the Revised Code regarding a person
who was convicted of or pleaded guilty to a felony offense or was
indicted or otherwise charged with the commission of a felony offense
may activate the escaped convict alert program for the surrounding
area or region of the jail, workhouse, or correctional institution
from which the person has escaped.
(C)
Nothing in division (B) of this section prevents the activation of a
local or regional alert program that may impose different criteria
for the activation of a local or regional alert.
(D)
Any radio broadcast station, television broadcast station, or cable
system participating in the escaped convict alert program or in any
local or regional alert program, and any director, officer, employee,
or agent of any station or system participating in either type of
alert program, shall not be liable to any person for damages for any
loss allegedly caused by or resulting from the station's or system's
broadcast or cablecast of, or failure to broadcast or cablecast, any
information pursuant to the escaped convict alert program or the
local or regional alert program.
(E)
Nothing in this section shall be construed to authorize the use of
the federal emergency alert system unless otherwise authorized by
federal law.
Section
2.
That
existing section 4973.17 of the Revised Code is hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________