2006 Ohio Revised Code - 3345.04. State university law enforcement officers.

§ 3345.04. State university law enforcement officers.
 

(A)  As used in this section, "felony" has the same meaning as in section 109.511 [109.51.1] of the Revised Code. 

(B)  Subject to division (C) of this section, the board of trustees of a state university, the board of trustees of the northeastern Ohio universities college of medicine, the board of trustees of a state community college, and the board of trustees of a technical college or community college district operating a technical or a community college may designate one or more employees of the institution, as a state university law enforcement officer, in accordance with section 109.77 of the Revised Code, and, as state university law enforcement officers, those employees shall take an oath of office, wear the badge of office, serve as peace officers for the college or university, and give bond to the state for the proper and faithful discharge of their duties in the amount that the board of trustees requires. 

(C) (1)  The board of trustees of an institution listed in division (B) of this section shall not designate an employee of the institution as a state university law enforcement officer pursuant to that division on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the employee previously has been convicted of or has pleaded guilty to a felony. 

(2) (a) The board of trustees shall terminate the employment as a state university law enforcement officer of an employee designated as a state university law enforcement officer under division (B) of this section if that employee does either of the following: 

(i) Pleads guilty to a felony; 

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

(b) The board of trustees shall suspend from employment as a state university law enforcement officer an employee designated as a state university law enforcement officer under division (B) of this section if that employee is convicted, after trial, of a felony. If the state university law enforcement officer files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the state university law enforcement officer does not file a timely appeal, the board of trustees shall terminate the employment of that state university law enforcement officer. If the state university law enforcement officer files an appeal that results in that officer's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that officer, the board of trustees shall reinstate that state university law enforcement officer. A state university law enforcement officer who is reinstated under division (C)(2)(b) of this section shall not receive any back pay unless that officer's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the officer of the felony. 

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

(4) The suspension from employment, or the termination of the employment, of a state university law enforcement officer under division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code. 
 

HISTORY: GC §§ 4863-3, 4863-4; 120 v 475(607); Bureau of Code Revision, 10-1-53; 130 v Pt2, 175 (Eff 12-18-64); 131 v 817 (Eff 11-5-65); 131 v 816 (Eff 7-1-67); 132 v H 134 (Eff 8-15-67); 132 v H 60 (Eff 9-12-67); 132 v S 426 (Eff 12-9-67); 135 v S 72 (Eff 11-23-73); 137 v H 506 (Eff 3-6-78); 137 v H 588 (Eff 6-19-78); 138 v H 5 (Eff 10-25-79); 139 v H 583 (Eff 3-16-82); 146 v H 566 (Eff 10-16-96); 146 v H 568. Eff 11-6-96; 149 v H 490, § 1, eff. 1-1-04; 151 v H 16, § 1, eff. 5-6-05; 151 v H 478, § 2, eff. 7-1-06.
 

The effective date is set by § 8 of 151 v H 478. 

The effective date is set by section 4 of H.B. 490. 

The provisions of § 5 of H.B. 490 (149 v  - ) read as follows: 

SECTION 5. Section 3345.04 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 566 and Am. Sub. H.B. 568 of the 121st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the specified composite is the resulting version of the specified sections in effect prior to the effective date of the section as presented in this act. 

 

Effect of Amendments

151 v H 478, effective July 1, 2006, in (B), deleted "the board of trustees of the medical university of Ohio at Toledo" following "state university". 

Section 1, 151 v H 16, effective May 6, 2005, in (B), substituted "university of Ohio" for "college of Ohio". 

H. B. 490, Acts 2002, effective January 1, 2004, substituted "2929.43" for "2929.29" in (C)(2)(a)(ii).