2006 Ohio Revised Code - 109.71. Creation of peace officer training commission; definitions.

§ 109.71. Creation of peace officer training commission; definitions.
 

There is hereby created in the office of the attorney general the Ohio peace officer training commission. The commission shall consist of nine members appointed by the governor with the advice and consent of the senate and selected as follows: one member representing the public; two members who are incumbent sheriffs; two members who are incumbent chiefs of police; one member from the bureau of criminal identification and investigation; one member from the state highway patrol; one member who is the special agent in charge of a field office of the federal bureau of investigation in this state; and one member from the department of education, trade and industrial education services, law enforcement training. 
 

As used in sections 109.71 to 109.77 of the Revised Code: 

(A) "Peace officer" means: 

(1) A deputy sheriff, marshal, deputy marshal, member of the organized police department of a township or municipal corporation, member of a township police district or joint township police district police force, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or township constable, who is commissioned and employed as a peace officer by a political subdivision of this state or by a metropolitan housing authority, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws of this state, ordinances of a municipal corporation, resolutions of a township, or regulations of a board of county commissioners or board of township trustees, or any of those laws, ordinances, resolutions, or regulations; 

(2) A police officer who is employed by a railroad company and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code; 

(3) Employees of the department of taxation engaged in the enforcement of Chapter 5743. of the Revised Code and designated by the tax commissioner for peace officer training for purposes of the delegation of investigation powers under section 5743.45 of the Revised Code; 

(4) An undercover drug agent; 

(5) Enforcement agents of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code; 

(6) An employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 [1501.01.3], a park officer designated pursuant to section 1541.10, a forest officer designated pursuant to section 1503.29, a preserve officer designated pursuant to section 1517.10, a wildlife officer designated pursuant to section 1531.13, or a state watercraft officer designated pursuant to section 1547.521 [1547.52.1] of the Revised Code; 

(7) An employee of a park district who is designated pursuant to section 511.232 [511.23.2] or 1545.13 of the Revised Code; 

(8) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; 

(9) A police officer who is employed by a hospital that employs and maintains its own proprietary police department or security department, and who is appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code; 

(10) Veterans' homes police officers designated under section 5907.02 of the Revised Code; 

(11) A police officer who is employed by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code; 

(12) A state university law enforcement officer appointed under section 3345.04 of the Revised Code or a person serving as a state university law enforcement officer on a permanent basis on June 19, 1978, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; 

(13) A special police officer employed by the department of mental health pursuant to section 5119.14 of the Revised Code or the department of mental retardation and developmental disabilities pursuant to section 5123.13 of the Revised Code; 

(14) A member of a campus police department appointed under section 1713.50 of the Revised Code; 

(15) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code; 

(16) Investigators appointed by the auditor of state pursuant to section 117.091 [117.09.1] of the Revised Code and engaged in the enforcement of Chapter 117. of the Revised Code; 

(17) A special police officer designated by the superintendent of the state highway patrol pursuant to section 5503.09 of the Revised Code or a person who was serving as a special police officer pursuant to that section on a permanent basis on October 21, 1997, and who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; 

(18) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code or a person serving as a special police officer employed by a port authority on a permanent basis on May 17, 2000, who has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of an approved state, county, municipal, or department of natural resources peace officer basic training program; 

(19) A special police officer employed by a municipal corporation who has been awarded a certificate by the executive director of the Ohio peace officer training commission for satisfactory completion of an approved peace officer basic training program and who is employed on a permanent basis on or after March 19, 2003, at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended; 

(20) A police officer who is employed by an 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 who is appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code. 

(21) A police officer who is employed by a bank; savings and loan association; savings bank; credit union; or association of banks, savings and loan associations, savings banks, or credit unions and appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code. 

(B) "Undercover drug agent" has the same meaning as in division (B)(2) of section 109.79 of the Revised Code. 

(C) "Crisis intervention training" means training in the use of interpersonal and communication skills to most effectively and sensitively interview victims of rape. 

(D) "Missing children" has the same meaning as in section 2901.30 of the Revised Code. 
 

HISTORY: 142 v H 708 (Eff 4-19-88); 143 v H 110 (Eff 5-31-90); 143 v H 271 (Eff 4-10-91); 143 v H 669 (Eff 1-10-91); 144 v H 77 (Eff 9-17-91); 144 v S 49 (Eff 7-21-92); 144 v H 758 (Eff 1-15-93); 145 v S 182 (Eff 10-20-94); 146 v S 162 (Eff 10-29-95); 146 v S 2 (Eff 7-1-96); 146 v H 445 (Eff 9-3-96); 146 v H 670 (Eff 12-2-96); 146 v H 351 (Eff 1-14-97); 146 v S 285 (Eff 3-13-97); 147 v S 60 (Eff 10-21-97); 147 v S 213 (Eff 7-29-98); 147 v S 187 (Eff 3-18-99); 148 v H 163 (Eff 6-30-99); 148 v S 137 (Eff 5-17-2000); 149 v H 675 (Eff 3-14-2003); 149 v H 545. Eff 3-19-2003; 151 v H 58, § 1, eff. 5-3-05; 151 v H 81, § 1, eff. 4-14-06.
 

The provisions of § 3 of 151 v H 58 read as follows: 

SECTION 3.  Section 109.71 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 545 and H.B. 675 of the 124th 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 composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

The effective date is set by § 4 of 151 v H 58. 

Analogous to former RC § 109.71 (131 v 8; 133 v H 111; 133 v H 575; 136 v S 272; 137 v S 141; 139 v H 44; 140 v S 85; 140 v H 759; 140 v H 435; 140 v S 321; 140 v H 129; 141 v S 278; 141 v S 364; 142 v H 231; 142 v H 261), repealed 142 v H 708, § 2, eff 4-19-88.

The provisions of § 4 of H.B. 516 (150 v  - ) read in part as follows: 

SECTION 4. The following agencies shall be retained pursuant to division (D) of section 101.83 of the Revised Code and shall expire on December 31, 2010: 
  
                                                   REVISED CODE OR
                                                     UNCODIFIED
             AGENCY NAME                               SECTION
                                                                             
Ohio Peace Officer Training Commission                 109.71
                                                                             
 

The provisions of § 36.01 of HB 675 (149 v  - ) read as follows: 

SECTION 36.01. Section 109.71 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 163 and Am. S.B. 137 of the 123rd 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 composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

The provisions of § 3 of HB 545 (149 v  - ) read as follows: 

SECTION 3. Section 109.71 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 163 and Am. S.B. 137 of the 123rd General Assembly. Section 109.75 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 Sub. H.B. 670 of the 121st General Assembly. Section 109.77 of the Revised Code is presented in this act as a composite of the section as amended by Sub. H.B. 148, Am. Sub. H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section 2935.01 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 427 and Sub. S.B. 200 of the 124th 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 composites of these sections are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

 

Effect of Amendments

151 v H 81, effective April 14, 2006, substituted "secretary of state" for "governor" in (A)(2) and (9); and added (A)(21). 

151 v H 58, effective May 3, 2005, in (A)(19), substituted "March 19, 2003" for "the effective date of this amendment"; and added (A)(20).