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As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 321
2025-2026
Senator Schaffer
Cosponsors: Senators Patton,
Johnson, Antonio, Blackshear, Brenner, Chavez, Cirino, Craig, DeMora,
Gavarone, Hicks-Hudson, Ingram, Koehler, Landis, Manning, O'Brien,
Reynolds, Roegner, Romanchuk, Timken, Weinstein, Wilkin, Wilson
To
enact sections 5119.081 and 5123.131 of the Revised Code
regarding
the carrying of firearms by certain special police officers.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 5119.081 and 5123.131 of the Revised Code be enacted to read
as follows:
Sec.
5119.081.
(A)
As used in this section:
(1)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(2)
"Special police officer" means a special police officer
designated under section 5119.08 of the Revised Code.
(B)
Subject to divisions (C), (D), and (E) of this section, the director
of behavioral health shall not prohibit a special police officer,
while on duty on the behalf of an institution under the jurisdiction
of the department of behavioral health, from carrying or possessing a
firearm in any of the following circumstances:
(1)
When escorting a patient outside of the institution;
(2)
When operating one or more of the institution's metal detectors;
(3)
When patrolling the institution's grounds.
(C)
A special police officer shall not possess, carry, or discharge a
firearm while on duty on the behalf of an institution under the
jurisdiction of the department unless the special police officer does
all of the following:
(1)
Obtains all necessary firearm certifications in accordance with
policies adopted by the department;
(2)
Satisfies all training requirements adopted by the department;
(3)
Satisfies any other firearm policies adopted by the department.
(D)
A special police officer shall not possess, carry, or discharge a
firearm or possess, carry, or use ammunition while on duty on the
behalf of an institution under the jurisdiction of the department
unless the firearm or ammunition has been issued to the special
police officer by the department or otherwise approved by the
department.
(E)
A special police officer who is under investigation for alleged
violations of standards of conduct, including work rules, policies,
or having pending criminal charges, is prohibited from carrying or
possessing a firearm under division (B) of this section until a
pending investigation is resolved or authorization is granted by the
director of behavioral health.
(F)
Notwithstanding section 2743.02 of the Revised Code, the state does
not waive its immunity from liability, nor does it consent to be sued
for damage, injury, or death caused by or related to the possession
or use of a firearm by a special police officer.
Sec.
5123.131.
(A)
As used in this section:
(1)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(2)
"Special police officer" means a special police officer
designated under section 5123.13 of the Revised Code.
(B)
Subject to divisions (C), (D), and (E) of this section, the director
of developmental disabilities shall not prohibit a special police
officer, while on duty on the behalf of an institution under the
jurisdiction of the department of developmental disabilities, from
carrying or possessing a firearm in any of the following
circumstances:
(1)
When escorting a resident outside of the institution;
(2)
When operating one or more of the institution's metal detectors;
(3)
When patrolling the institution's grounds.
(C)
A special police officer shall not possess, carry, or discharge a
firearm while on duty on the behalf of an institution under the
jurisdiction of the department unless the special police officer does
all of the following:
(1)
Obtains all necessary firearm certifications in accordance with
policies adopted by the department;
(2)
Satisfies all training requirements adopted by the department;
(3)
Satisfies any other firearm policies adopted by the department.
(D)
A special police officer shall not possess, carry, or discharge a
firearm or possess, carry, or use ammunition while on duty on the
behalf of an institution under the jurisdiction of the department
unless the firearm or ammunition has been issued to the special
police officer by the department or otherwise approved by the
department.
(E)
A special police officer who is under investigation for alleged
violations of standards of conduct, including work rules, policies,
or having pending criminal charges, is prohibited from carrying or
possessing a firearm under division (B) of this section until a
pending investigation is resolved or authorization is granted by the
director of developmental disabilities.
(F)
Notwithstanding section 2743.02 of the Revised Code, the state does
not waive its immunity from liability, nor does it consent to be sued
for damage, injury, or death caused by or related to the possession
or use of a firearm by a special police officer.