Enact the Keep Them Safe Act

sb273_07_EN

(136th General Assembly)

(Amended
Substitute Senate Bill Number 273)

AN
ACT

To amend sections 4501.11 and
5503.02 and to enact section 2923.26 of the Revised Code to enact the
Keep Them Safe Act and to make an appropriation.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That

sections
4501.11 and 5503.02 be amended and
section
2923.26 of the Revised Code be enacted to read as follows:

Sec.
2923.26.
(A)
As used in this section:

(1)
"Legal cause" means any legal authority that would prohibit
receiving or possessing a firearm, including disability under section
2923.13 of the Revised Code or under 18 U.S.C. 922(g).

(2)
"Federally licensed firearms dealer" has the same meaning
as in section 5502.63 of the Revised Code.

(3)
"Law enforcement agency" means a police department, the
office of a sheriff, the state highway patrol, or a federal, state,
or local governmental body that enforces criminal laws and that has
employees who have a statutory power of arrest.

(4)
"Political subdivision" has the same meaning as in section
2744.01 of the Revised Code.

(B)
Any owner of a lawfully possessed firearm or a person authorized by
the owner of a lawfully possessed firearm may, upon application and
agreement, store a firearm with a federally licensed firearms dealer
or with a law enforcement agency pursuant to this section.

(C)
The following terms apply to the storage of a firearm with a
federally licensed firearms dealer under this section:

(1)
The dealer may not enter into an agreement for firearm storage if the
dealer's federal firearms license will expire during the term of
storage, unless the dealer has submitted a timely renewal application
to the federal bureau of alcohol, tobacco, firearms, and explosives
and is authorized to continue operations under federal law.

(2)
The dealer shall follow all federal laws regarding acquisition,
transfer, and disposition of firearms pursuant to 18 U.S.C. 921 et
seq. and 26 U.S.C. 53 et seq.

(3)
A dealer may establish the dealer's own policies and procedures
regarding the acceptance and return of a firearm and provide a copy
of the policies and procedures to any person placing a firearm in
storage with that dealer.

(4)
No dealer shall return a firearm to a person if the return of the
firearm would result in a direct violation of state or federal law.

(D)
The following terms apply to storage of a firearm with a law
enforcement agency under this section:

(1)
A law enforcement agency may establish policies regarding the return
of firearms.

(2)
No law enforcement agency shall return a firearm if the return of the
firearm would result in a direct violation of state or federal law.

(E)
Nothing in this section shall be construed as a requirement for a
federally licensed firearms dealer or law enforcement agency to
accept a firearm for storage pursuant to this section.

(F)
Nothing in this section shall be construed as a requirement for a
federally licensed firearms dealer or law enforcement agency to
accept a firearm or firearms for voluntary storage free of charge.

(G)
A federally licensed firearms dealer that accepts the storage of a
firearm under this section is immune from liability in a civil action
for any injury, death, or loss to person or property that allegedly
is caused by or related to the acceptance, storage, or return of a
firearm unless the federally licensed firearms dealer acts with
malicious purpose or intent to withhold the return of the firearm
without legal cause.

(H)
A law enforcement agency or political subdivision is immune from
liability in a civil action, to the extent and in the manner provided
in Chapter 2744. of the Revised Code, for any injury, death, or loss
to person or property that allegedly is caused by or related to the
acceptance, storage, or return of a firearm.

(I)
If a court of competent jurisdiction finds that a federally licensed
firearms dealer or law enforcement agency withheld return of a
firearm or firearms after a demand was made for the return by an
owner of a lawfully possessed firearm or a person authorized by the
owner of a lawfully possessed firearm, without legal cause, in
addition to any other relief ordered, the court shall award
reasonable costs and attorney's fees to the person who sought a court
order finding the firearm stored was illegally withheld.

(J)
Any information submitted by a person in an application or agreement
to store a firearm with a federally licensed firearms dealer or a law
enforcement agency pursuant to this section is confidential, is not a
public record under section 149.43 of the Revised Code, and may not
be used for any purpose except as described under this section.

Sec.
4501.11.
(A)
There is hereby created in the state treasury the security,
investigations, and policing fund. Notwithstanding section 5503.04 of
the Revised Code, no fines collected from or money arising from bonds
or bail forfeited by persons apprehended or arrested by state highway
patrol troopers shall be credited to the general revenue fund until
sufficient revenue to fund appropriations for the activities
described under division (B) of this section are credited to the
security, investigations, and policing fund. All investment earnings
of the security, investigations, and policing fund shall be credited
to that fund.

This
division does not apply to fines for violations of division (B) of
section 4513.263 of the Revised Code, or to fines for violations of
any municipal ordinance that is substantively comparable to that
division, which fines shall be delivered to the treasurer of state as
provided in division (E) of section 4513.263 of the Revised Code.

(B)
The money credited to the security, investigations, and policing fund
shall be used to pay the costs of:

(1)
Providing security for the governor, other
eligible
individuals,
officials
,

and dignitaries, the capitol square, and other state property
pursuant to division (E) of section 5503.02 of the Revised Code;

(2)
Undertaking major criminal investigations that involve state property
interests;

(3)
Providing traffic control and security for the Ohio expositions
commission on a full-time, year-round basis;

(4)
Performing nonhighway-related duties of the state highway patrol at
the Ohio state fair.

Sec.
5503.02.
(A)
The state highway patrol shall enforce the laws of the state relating
to the titling, registration, and licensing of motor vehicles;
enforce on all roads and highways, notwithstanding section 4513.39 of
the Revised Code, the laws relating to the operation and use of
vehicles on the highways; enforce and prevent the violation of the
laws relating to the size, weight, and speed of commercial motor
vehicles and all laws designed for the protection of the highway
pavements and structures on the highways; investigate and enforce
rules and laws of the public utilities commission governing the
transportation of persons and property by motor carriers and report
violations of such rules and laws to the commission; enforce against
any motor carrier as defined in section 4923.01 of the Revised Code
those rules and laws that, if violated, may result in a forfeiture as
provided in section 4923.99 of the Revised Code; investigate and
report violations of all laws relating to the collection of excise
taxes on motor vehicle fuels; and regulate the movement of traffic on
the roads and highways of the state, notwithstanding section 4513.39
of the Revised Code.

The
patrol, whenever possible, shall determine the identity of the
persons who are causing or who are responsible for the breaking,
damaging, or destruction of any improved surfaced roadway, structure,
sign, marker, guardrail, or other appurtenance constructed or
maintained by the department of transportation and shall arrest the
persons who are responsible for the breaking, damaging, or
destruction and bring them before the proper officials for
prosecution.

State
highway patrol troopers shall investigate and report all motor
vehicle accidents on all roads and highways outside of municipal
corporations. The superintendent of the patrol or any state highway
patrol trooper may arrest, without a warrant, any person, who is the
driver of or a passenger in any vehicle operated or standing on a
state highway, whom the superintendent or trooper has reasonable
cause to believe is guilty of a felony, under the same circumstances
and with the same power that any peace officer may make such an
arrest.

The
superintendent or any state highway patrol trooper may enforce the
criminal laws on all state properties and state institutions, owned
or leased by the state, and, when so ordered by the governor in the
event of riot, civil disorder, or insurrection, may, pursuant to
sections 2935.03 to 2935.05 of the Revised Code, arrest offenders
against the criminal laws wherever they may be found within the state
if the violations occurred upon, or resulted in injury to person or
property on, state properties or state institutions, or under the
conditions described in division (B) of this section. This authority
of the superintendent and any state highway patrol trooper to enforce
the criminal laws shall extend to the Lake Erie Correctional
Institution and the Northeast Ohio Correctional Center, to the same
extent as if those prisons were owned by this state.

(B)
In the event of riot, civil disorder, or insurrection, or the
reasonable threat of riot, civil disorder, or insurrection, and upon
request, as provided in this section, of the sheriff of a county or
the mayor or other chief executive of a municipal corporation, the
governor may order the state highway patrol to enforce the criminal
laws within the area threatened by riot, civil disorder, or
insurrection, as designated by the governor, upon finding that law
enforcement agencies within the counties involved will not be
reasonably capable of controlling the riot, civil disorder, or
insurrection and that additional assistance is necessary. In cities
in which the sheriff is under contract to provide exclusive police
services pursuant to section 311.29 of the Revised Code, in villages,
and in the unincorporated areas of the county, the sheriff has
exclusive authority to request the use of the patrol. In cities in
which the sheriff does not exclusively provide police services, the
mayor, or other chief executive performing the duties of mayor, has
exclusive authority to request the use of the patrol.

The
superintendent or any state highway patrol trooper may enforce the
criminal laws within the area designated by the governor during the
emergency arising out of the riot, civil disorder, or insurrection
until released by the governor upon consultation with the requesting
authority. State highway patrol troopers shall never be used as peace
officers in connection with any strike or labor dispute.

When
a request for the use of the patrol is made pursuant to this
division, the requesting authority shall notify the law enforcement
authorities in contiguous communities and the sheriff of each county
within which the threatened area, or any part of the threatened area,
lies of the request, but the failure to notify the authorities or a
sheriff shall not affect the validity of the request.

(C)
Any person who is arrested by the superintendent or a state highway
patrol trooper shall be taken before any court or magistrate having
jurisdiction of the offense with which the person is charged. Any
person who is arrested or apprehended within the limits of a
municipal corporation shall be brought before the municipal court or
other tribunal of the municipal corporation.

(D)(1)
State highway patrol troopers have the same right and power of search
and seizure as other peace officers.

No
state official shall command, order, or direct any state highway
patrol trooper to perform any duty or service that is not authorized
by law. The powers and duties conferred on the patrol are
supplementary to, and in no way a limitation on, the powers and
duties of sheriffs or other peace officers of the state.

(2)(a)
A state highway patrol trooper, pursuant to the policy established by
the superintendent of the state highway patrol under division
(D)(2)(b) of this section, may render emergency assistance to any
other peace officer who has arrest authority under section 2935.03 of
the Revised Code, if both of the following apply:

(i)
There is a threat of imminent physical danger to the peace officer, a
threat of physical harm to another person, or any other serious
emergency situation;

(ii)
Either the peace officer requests emergency assistance, or it appears
that the peace officer is unable to request emergency assistance and
the circumstances observed by the state highway patrol trooper
reasonably indicate that emergency assistance is appropriate, or the
peace officer requests emergency assistance and in the request the
peace officer specifies a particular location and the state highway
patrol trooper arrives at that location prior to the time that the
peace officer arrives at that location and the circumstances observed
by the state highway patrol trooper reasonably indicate that
emergency assistance is appropriate.

(b)
The superintendent of the state highway patrol shall establish
,
within sixty days of August 8, 1991,

a policy that sets forth the manner and procedures by which a state
highway patrol trooper may render emergency assistance to any other
peace officer under division (D)(2)(a) of this section. The policy
shall include a provision that a state highway patrol trooper never
be used as a peace officer in connection with any strike or labor
dispute.

(3)(a)
A state highway patrol trooper who renders emergency assistance to
any other peace officer under the policy established by the
superintendent pursuant to division (D)(2)(b) of this section shall
be considered to be performing regular employment for the purposes of
compensation, pension, indemnity fund rights, workers' compensation,
and other rights or benefits to which the trooper may be entitled as
incident to regular employment.

(b)
A state highway patrol trooper who renders emergency assistance to
any other peace officer under the policy established by the
superintendent pursuant to division (D)(2)(b) of this section retains
personal immunity from liability as specified in section 9.86 of the
Revised Code.

(c)
A state highway patrol trooper who renders emergency assistance under
the policy established by the superintendent pursuant to division
(D)(2)(b) of this section has the same authority as the peace officer
for or with whom the state highway patrol trooper is providing
emergency assistance.

(E)(1)
Subject to the availability of funds specifically appropriated by the
general assembly for security detail purposes, the state highway
patrol shall provide security as follows:

(a)
(a)(i)

For the governor
,
the lieutenant governor, the governor-elect, the lieutenant
governor-elect, and, at the direction of the governor, any eligible
candidate and immediate family as defined in section 102.01 of the
Revised Code
;

(ii)
For the purpose of division (E)(1)(a)(i) of this division, "eligible
candidate" means any of the following:

(I)
A candidate for the office of governor or lieutenant governor, upon
being nominated in a primary election as a party candidate for
election at the next general election by a major political party as
defined in division (F)(1) of section 3501.01 of the Revised Code, as
of the date that the results of the unofficial count conducted by the
boards of elections under section 3505.30 of the Revised Code
indicate that the candidate received the most votes in the primary
election;

(II)
A major political party's candidate for the office of governor or
lieutenant governor, upon being certified to fill a vacancy on a
general election ballot under division (E) of section 3513.311 of the
Revised Code.

(b)
At the direction of the governor, for other officials of the state
government of this state; officials of the state governments of other
states who are visiting this state; officials of the United States
government who are visiting this state; officials of the governments
of foreign countries or their political subdivisions who are visiting
this state; or other officials or dignitaries who are visiting this
state, including, but not limited to, members of trade missions;

(c)
For the capitol square, as defined in section 105.41 of the Revised
Code;

(d)
For the Vern Riffe center and the James A. Rhodes state office tower,
as directed by the department of public safety;

(e)
For other state property.

(2)
To carry out the security responsibilities of the patrol listed in
division (E)(1) of this section, the superintendent may assign state
highway patrol troopers to a separate
executive
protection
unit
that is responsible for security details
,
whether on a permanent or temporary basis
.
The number of troopers assigned to particular security details shall
be determined by the superintendent.

(3)
The superintendent and any state highway patrol trooper, when
providing security
as
part of the executive protection unit
pursuant
to
division

divisions

(E)(1)

and
(2)
of
this section, have the same arrest powers as other peace officers to
apprehend offenders against the criminal laws

who
endanger or threaten the security of any person or state property
being protected under division (E) of this section
,
no matter where the offense occurs. This arrest authority is
concurrent with that of any other peace officer, as defined in
section 2935.01 of the Revised Code, or any other law enforcement
officer, as defined in section 2901.01 of the Revised Code, with
jurisdiction at the respective location.

The
superintendent, any state highway patrol trooper, and any special
police officer designated under section 5503.09 of the Revised Code,
if providing security pursuant to division (E)(1)(c) of this section

as
part of the executive protection unit
,
shall enforce any rules governing capitol square adopted by the
capitol square review and advisory board.

(F)
The governor may order the state highway patrol to undertake major
criminal investigations that involve state property interests. If an
investigation undertaken pursuant to this division results in either
the issuance of a no bill or the filing of an indictment, the
superintendent shall file a complete and accurate report of the
investigation with the president of the senate, the speaker of the
house of representatives, the minority leader of the senate, and the
minority leader of the house of representatives within fifteen days
after the issuance of the no bill or the filing of an indictment. If
the investigation does not have as its result any prosecutorial
action, the superintendent shall, upon reporting this fact to the
governor, file a complete and accurate report of the investigation
with the president of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the minority
leader of the house of representatives.

(G)
The superintendent may purchase or lease real property and buildings
needed by the patrol, negotiate the sale of real property owned by
the patrol, rent or lease real property owned or leased by the
patrol, and make or cause to be made repairs to all property owned or
under the control of the patrol. Any instrument by which real
property is acquired pursuant to this division shall identify the
agency of the state that has the use and benefit of the real property
as specified in section 5301.012 of the Revised Code.

Sections
123.01 and 125.02 of the Revised Code do not limit the powers granted
to the superintendent by this division.

Section
2.
That
existing sections 4501.11 and 5503.02 of the Revised Code are hereby
repealed.

Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.

Section
4.

1

2

3

4

5

A

DPS
DEPARTMENT OF PUBLIC SAFETY

B

Highway
Safety Fund Group

C

8400

764617

Security
and Investigations

$250,000

$9,750,000

D

Highway
Safety Fund Group Total

$250,000

$9,750,000

E

TOTAL
ALL BUDGET FUND GROUPS

$250,000

$9,750,000

SECURITY
AND INVESTIGATIONS

On
the effective date of this section, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$10,000,000 from the General Revenue Fund to the Security,
Investigations, and Policing Fund (Fund 8400).

The
foregoing appropriation item 764617, Security and Investigations,
shall be used by the State Highway Patrol to provide security, at the
direction of the Governor, for any major political party candidate
for the office of governor or lieutenant governor, and the immediate
family, in the months leading up to the 2026 general election.

Of
the foregoing appropriation item 764617, Security and Investigations,
$2,000,000 in fiscal year 2027 shall be used by the Department of
Public Safety to reimburse law enforcement agencies for costs
incurred for assisting the State Highway Patrol, at the request of
the State Highway Patrol, to provide security for any major political
party candidate for the office of governor or lieutenant governor in
the months leading up to the 2026 general election as provided after
the effective date of this section. Law enforcement agencies shall
submit for reimbursement to the Department of Public Safety in a
manner prescribed by the Director.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 764617, Security and Investigations, at the end of
fiscal year 2026 is hereby reappropriated to the same appropriation
item for the same purpose in fiscal year 2027.

Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, H.B. 96 of the 136th General Assembly.

Section
6.
This
act shall be known as the Keep Them Safe Act.

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 ___________________