Text of OH SB 338 (2020)

As Introduced 133rd General Assembly Regular Session S. B. No. 338 2019-2020 Senator Williams Cosponsors: Senators Craig, Antonio, Yuko, Maharath, Fedor, Thomas A B I L L To amend sections 109.73, 109.77, 109.79, 109.80, 4117.10, and 5503.05 and to enact sections 109.805, 109.806, and 2933.84 of the Revised Code to prohibit police officers from engaging in biased policing and other status-based profiling, and to require the attorney general's office to establish rules regarding such police practices. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 109.73, 109.77, 109.79, 109.80, 4117.10, and 5503.05 be amended and sections 109.805, 109.806, and 2933.84 of the Revised Code be enacted to read as follows: Sec. 109.73. (A) The Ohio peace officer training commission shall recommend rules to the attorney general with respect to all of the following: (1) The approval, or revocation of approval, of peace officer training schools administered by the state, counties, municipal corporations, public school districts, technical college districts, and the department of natural resources; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 S. B. No. 338 Page 2 As Introduced (2) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved state, county, municipal, and department of natural resources peace officer training schools; (3) Minimum qualifications for instructors at approved state, county, municipal, and department of natural resources peace officer training schools; (4) The requirements of minimum basic training that peace officers appointed to probationary terms shall complete before being eligible for permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code; crisis intervention training; and training in the handling of missing children and child abuse and neglect cases; and training in handling violations of section 2905.32 of the Revised Code; training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code; and the time within which such basic training shall be completed following appointment to a probationary term; (5) The requirements of minimum basic training that peace officers not appointed for probationary terms but appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment, which requirements shall include training in the handling of the offense of domestic violence, other types of domestic violence- related offenses and incidents, and protection orders and 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 S. 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No. 338 Page 3 As Introduced consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code,; crisis intervention training, and; training in the handling of missing children and child abuse and neglect cases, and; training in handling violations of section 2905.32 of the Revised Code,; training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code; and the time within which such basic training shall be completed following appointment on other than a permanent basis; (6) Categories or classifications of advanced in-service training programs for peace officers, including programs in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code,; in crisis intervention, and; in the handling of missing children and child abuse and neglect cases, and; in handling violations of section 2905.32 of the Revised Code,; training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code; and minimum courses of study and attendance requirements with respect to such categories or classifications; (7) Permitting persons, who are employed as members of a campus police department appointed under section 1713.50 of the Revised Code; who are employed as police officers by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code; who are appointed and commissioned as bank, savings and loan association, savings bank, credit 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 S. 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No. 338 Page 4 As Introduced union, or association of banks, savings and loan associations, savings banks, or credit unions police officers, as railroad police officers, or as hospital police officers pursuant to sections 4973.17 to 4973.22 of the Revised Code; or who are appointed and commissioned as amusement park police officers pursuant to section 4973.17 of the Revised Code, to attend approved peace officer training schools, including the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if the private college or university that established the campus police department; qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park sponsoring the police officers pays the entire cost of the training and certification and if trainee vacancies are available; (8) Permitting undercover drug agents to attend approved peace officer training schools, other than the Ohio peace officer training academy, and to receive certificates of satisfactory completion of basic training programs, if, for each undercover drug agent, the county, township, or municipal corporation that employs that undercover drug agent pays the entire cost of the training and certification; (9)(a) The requirements for basic training programs for bailiffs and deputy bailiffs of courts of record of this state and for criminal investigators employed by the state public defender that those persons shall complete before they may carry a firearm while on duty; (b) The requirements for any training received by a 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 S. B. No. 338 Page 5 As Introduced bailiff or deputy bailiff of a court of record of this state or by a criminal investigator employed by the state public defender prior to June 6, 1986, that is to be considered equivalent to the training described in division (A)(9)(a) of this section. (10) Establishing minimum qualifications and requirements for certification for dogs utilized by law enforcement agencies; (11) Establishing minimum requirements for certification of persons who are employed as correction officers in a full- service jail, five-day facility, or eight-hour holding facility or who provide correction services in such a jail or facility; (12) Establishing requirements for the training of agents of a county humane society under section 1717.06 of the Revised Code, including, without limitation, a requirement that the agents receive instruction on traditional animal husbandry methods and training techniques, including customary owner- performed practices; (13) Permitting tactical medical professionals to attend approved peace officer training schools, including the Ohio peace officer training academy, to receive training of the type described in division (A)(14) of this section and to receive certificates of satisfactory completion of training programs described in that division; (14) The requirements for training programs that tactical medical professionals shall complete to qualify them to carry firearms while on duty under section 109.771 of the Revised Code, which requirements shall include at least the firearms training specified in division (A) of section 109.748 of the Revised Code. (B) The commission shall appoint an executive director, 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 S. B. No. 338 Page 6 As Introduced with the approval of the attorney general, who shall hold office during the pleasure of the commission. The executive director shall perform such duties assigned by the commission. The executive director shall receive a salary fixed pursuant to Chapter 124. of the Revised Code and reimbursement for expenses within the amounts available by appropriation. The executive director may appoint officers, employees, agents, and consultants as the executive director considers necessary, prescribe their duties, and provide for reimbursement of their expenses within the amounts available for reimbursement by appropriation and with the approval of the commission. (C) The commission may do all of the following: (1) Recommend studies, surveys, and reports to be made by the executive director regarding the carrying out of the objectives and purposes of sections 109.71 to 109.77 of the Revised Code; (2) Visit and inspect any peace officer training school that has been approved by the executive director or for which application for approval has been made; (3) Make recommendations, from time to time, to the executive director, the attorney general, and the general assembly regarding the carrying out of the purposes of sections 109.71 to 109.77 of the Revised Code; (4) Report to the attorney general from time to time, and to the governor and the general assembly at least annually, concerning the activities of the commission; (5) Establish fees for the services the commission offers under sections 109.71 to 109.79 of the Revised Code, including, but not limited to, fees for training, certification, and 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 S. B. No. 338 Page 7 As Introduced testing; (6) Perform such other acts as are necessary or appropriate to carry out the powers and duties of the commission as set forth in sections 109.71 to 109.77 of the Revised Code. (D) In establishing the requirements, under division (A) (12) of this section, the commission may consider any portions of the curriculum for instruction on the topic of animal husbandry practices, if any, of the Ohio state university college of veterinary medicine. No person or entity that fails to provide instruction on traditional animal husbandry methods and training techniques, including customary owner-performed practices, shall qualify to train a humane agent for appointment under section 1717.06 of the Revised Code. Sec. 109.77. (A) As used in this section: (1) "Felony" has the same meaning as in section 109.511 of the Revised Code. (2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code. (B)(1) Notwithstanding any general, special, or local law or charter to the contrary, and except as otherwise provided in this section, no person shall receive an original appointment on a permanent basis as any of the following unless the person previously 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: (a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 S. B. No. 338 Page 8 As Introduced authority; (b) A natural resources law enforcement staff officer, forest-fire investigator, wildlife officer, or natural resources officer of the department of natural resources; (c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code; (d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; (e) A state university law enforcement officer; (f) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code; (g) An enforcement agent of the department of public safety whom the director of public safety designates under section 5502.14 of the Revised Code; (h) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; (i) A special police officer employed by a municipal corporation 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; 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 S. B. No. 338 Page 9 As Introduced (j) A gaming agent employed under section 3772.03 of the Revised Code. (2) Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as any of the following shall forfeit the appointed position unless the person previously has completed satisfactorily or, within the time prescribed by rules adopted by the attorney general pursuant to section 109.74 of the Revised Code, satisfactorily completes a state, county, municipal, or department of natural resources peace officer basic training program for temporary or probationary officers and is awarded a certificate by the director attesting to the satisfactory completion of the program: (a) A peace officer of any county, township, municipal corporation, regional transit authority, or metropolitan housing authority; (b) A natural resources law enforcement staff officer, park officer, forest officer, preserve officer, wildlife officer, or state watercraft officer of the department of natural resources; (c) An employee of a park district under section 511.232 or 1545.13 of the Revised Code; (d) An employee of a conservancy district who is designated pursuant to section 6101.75 of the Revised Code; (e) A special police officer employed by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or the department of developmental disabilities pursuant to section 5123.13 of the Revised Code; (f) An enforcement agent of the department of public 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 S. B. No. 338 Page 10 As Introduced safety whom the director of public safety designates under section 5502.14 of the Revised Code; (g) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code; (h) A special police officer employed by a municipal corporation 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. (3) For purposes of division (B) of this section, a state, county, municipal, or department of natural resources peace officer basic training program, regardless of whether the program is to be completed by peace officers appointed on a permanent or temporary, probationary, or other nonpermanent basis, shall include training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code,; crisis intervention training,; training, in accordance with the rules adopted under section 109.805 of the Revised Code, in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code; and training on companion animal encounters and companion animal behavior. The 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 S. B. No. 338 Page 11 As Introduced requirement to complete training in the handling of the offense of domestic violence, other types of domestic violence-related offenses and incidents, and protection orders and consent agreements issued or approved under section 2919.26 or 3113.31 of the Revised Code does not apply to any person serving as a peace officer on March 27, 1979, and the requirement to complete training in crisis intervention does not apply to any person serving as a peace officer on April 4, 1985, and the requirement to complete training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling, as described in divisions (B) and (C) of section 2933.84 of the Revised Code, does not apply to any person serving as a peace officer on the effective date of this amendment. Any person who is serving as a peace officer on April 4, 1985, who terminates that employment after that date, and who subsequently is hired as a peace officer by the same or another law enforcement agency shall complete training in crisis intervention as prescribed by rules adopted by the attorney general pursuant to section 109.742 of the Revised Code. Any person who is serving as a peace officer on the effective date of this amendment who terminates that employment after that date and who subsequently is hired as a peace officer by the same or another law enforcement agency shall complete training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code, as prescribed by rules adopted by the attorney general pursuant to section 109.805 of the Revised Code. No peace officer shall have employment as a peace officer terminated and then be reinstated with intent to circumvent this section. 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 S. B. No. 338 Page 12 As Introduced (4) Division (B) of this section does not apply to any person serving on a permanent basis on March 28, 1985, as a park officer, forest officer, preserve officer, wildlife officer, or state watercraft officer of the department of natural resources or as an employee of a park district under section 511.232 or 1545.13 of the Revised Code, to any person serving on a permanent basis on March 6, 1986, as an employee of a conservancy district designated pursuant to section 6101.75 of the Revised Code, to any person serving on a permanent basis on January 10, 1991, as a preserve officer of the department of natural resources, to any person employed on a permanent basis on July 2, 1992, as a special police officer by the department of mental health and addiction services pursuant to section 5119.08 of the Revised Code or by the department of developmental disabilities pursuant to section 5123.13 of the Revised Code, to any person serving on a permanent basis on May 17, 2000, as a special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, to any person serving on a permanent basis on March 19, 2003, as a special police officer employed by a municipal corporation at a municipal airport or other municipal air navigation facility described in division (A)(19) of section 109.71 of the Revised Code, to any person serving on a permanent basis on June 19, 1978, as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code and who, immediately prior to June 19, 1978, was serving as a special police officer designated under authority of that section, or to any person serving on a permanent basis on September 20, 1984, as a liquor control investigator, known after June 30, 1999, as an enforcement agent of the department of public safety, engaged in the enforcement of Chapters 4301. and 4303. of the Revised Code. 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 S. B. No. 338 Page 13 As Introduced (5) Division (B) of this section does not apply to any person who is appointed as a regional transit authority police officer pursuant to division (Y) of section 306.35 of the Revised Code if, on or before July 1, 1996, the person has completed satisfactorily an approved state, county, municipal, or department of natural resources peace officer basic training program and has been awarded a certificate by the executive director of the Ohio peace officer training commission attesting to the person's satisfactory completion of such an approved program and if, on July 1, 1996, the person is performing peace officer functions for a regional transit authority. (C) No person, after September 20, 1984, shall receive an original appointment on a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code unless the person previously 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 police officer basic training program. Every person who is appointed on a temporary basis or for a probationary term or on other than a permanent basis as a veterans' home police officer designated under section 5907.02 of the Revised Code shall forfeit that position unless the person previously has completed satisfactorily or, within one year from the time of appointment, satisfactorily completes an approved police officer basic training program. (D) No bailiff or deputy bailiff of a court of record of this state and no criminal investigator who is employed by the state public defender shall carry a firearm, as defined in section 2923.11 of the Revised Code, while on duty unless the bailiff, deputy bailiff, or criminal investigator has done or received one of the following: 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 S. B. No. 338 Page 14 As Introduced (1) Has been awarded a certificate by the executive director of the Ohio peace officer training commission, which certificate attests to satisfactory completion of an approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and for criminal investigators employed by the state public defender that has been recommended by the Ohio peace officer training commission; (2) Has successfully completed a firearms training program approved by the Ohio peace officer training commission prior to employment as a bailiff, deputy bailiff, or criminal investigator; (3) Prior to June 6, 1986, was authorized to carry a firearm by the court that employed the bailiff or deputy bailiff or, in the case of a criminal investigator, by the state public defender and has received training in the use of firearms that the Ohio peace officer training commission determines is equivalent to the training that otherwise is required by division (D) of this section. (E)(1) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director of the Ohio peace officer training commission shall request the person to disclose, and the person shall disclose, any previous criminal conviction of or plea of guilty of that person to a felony. (2) Before a person seeking a certificate completes an approved peace officer basic training program, the executive director shall request a criminal history records check on the person. The executive director shall submit the person's fingerprints to the bureau of criminal identification and investigation, which shall submit the fingerprints to the 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 S. B. No. 338 Page 15 As Introduced federal bureau of investigation for a national criminal history records check. Upon receipt of the executive director's request, the bureau of criminal identification and investigation and the federal bureau of investigation shall conduct a criminal history records check on the person and, upon completion of the check, shall provide a copy of the criminal history records check to the executive director. The executive director shall not award any certificate prescribed in this section unless the executive director has received a copy of the criminal history records check on the person to whom the certificate is to be awarded. (3) The executive director of the commission shall not award a certificate prescribed in this section to a person who has been convicted of or has pleaded guilty to a felony or who fails to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section. (4) The executive director of the commission shall revoke the certificate awarded to a person as prescribed in this section, and that person shall forfeit all of the benefits derived from being certified as a peace officer under this section, if the person, before completion of an approved peace officer basic training program, failed to disclose any previous criminal conviction of or plea of guilty to a felony as required under division (E)(1) of this section. (F)(1) Regardless of whether the person has been awarded the certificate or has been classified as a peace officer prior to, on, or after October 16, 1996, the executive director of the Ohio peace officer training commission shall revoke any certificate that has been awarded to a person as prescribed in 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 S. B. No. 338 Page 16 As Introduced this section if the person does either of the following: (a) Pleads guilty to a felony committed on or after January 1, 1997; (b) Pleads guilty to a misdemeanor committed on or after January 1, 1997, pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the person agrees to surrender the certificate awarded to the person under this section. (2) The executive director of the commission shall suspend any certificate that has been awarded to a person as prescribed in this section if the person is convicted, after trial, of a felony committed on or after January 1, 1997. The executive director shall suspend the certificate pursuant to division (F) (2) of this section pending the outcome of an appeal by the person from that conviction to the highest court to which the appeal is taken or until the expiration of the period in which an appeal is required to be filed. If the person files an appeal that results in that person's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that person, the executive director shall reinstate the certificate awarded to the person under this section. If the person files an appeal from that person's conviction of the felony and the conviction is upheld by the highest court to which the appeal is taken or if the person does not file a timely appeal, the executive director shall revoke the certificate awarded to the person under this section. (G)(1) If a person is awarded a certificate under this section and the certificate is revoked pursuant to division (E) (4) or (F) of this section, the person shall not be eligible to receive, at any time, a certificate attesting to the person's 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 S. B. No. 338 Page 17 As Introduced satisfactory completion of a peace officer basic training program. (2) The revocation or suspension of a certificate under division (E)(4) or (F) of this section shall be in accordance with Chapter 119. of the Revised Code. (H)(1) A person who was employed as a peace officer of a county, township, or municipal corporation of the state on January 1, 1966, and who has completed at least sixteen years of full-time active service as such a peace officer, or equivalent service as determined by the executive director of the Ohio peace officer training commission, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section. (2) Any person who held an appointment as a state highway trooper on January 1, 1966, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer, without complying with the requirements of division (B) of this section. (I) No person who is appointed as a peace officer of a county, township, or municipal corporation on or after April 9, 1985, shall serve as a peace officer of that county, township, or municipal corporation unless the person has received training in the handling of missing children and child abuse and neglect cases from an approved state, county, township, or municipal police officer basic training program or receives the training within the time prescribed by rules adopted by the attorney general pursuant to section 109.741 of the Revised Code. 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 S. B. No. 338 Page 18 As Introduced (J) No part of any approved state, county, or municipal basic training program for bailiffs and deputy bailiffs of courts of record and no part of any approved state, county, or municipal basic training program for criminal investigators employed by the state public defender shall be used as credit toward the completion by a peace officer of any part of the approved state, county, or municipal peace officer basic training program that the peace officer is required by this section to complete satisfactorily. (K) This section does not apply to any member of the police department of a municipal corporation in an adjoining state serving in this state under a contract pursuant to section 737.04 of the Revised Code. Sec. 109.79. (A) The Ohio peace officer training commission shall establish and conduct a training school for law enforcement officers of any political subdivision of the state or of the state public defender's office. The school shall be known as the Ohio peace officer training academy. No bailiff or deputy bailiff of a court of record of this state and no criminal investigator employed by the state public defender shall be permitted to attend the academy for training unless the employing court of the bailiff or deputy bailiff or the state public defender, whichever is applicable, has authorized the bailiff, deputy bailiff, or investigator to attend the academy. The Ohio peace officer training commission shall develop the training program, which shall include courses in both the civil and criminal functions of law enforcement officers, a course in crisis intervention with six or more hours of training, training in the handling of missing children and child abuse and neglect cases, training in performing law enforcement 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 S. B. No. 338 Page 19 As Introduced duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code, and training on companion animal encounters and companion animal behavior, and shall establish rules governing qualifications for admission to the academy. The training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling shall be consistent with the training specified in the rules adopted under section 109.805 of the Revised Code. The commission may require competitive examinations to determine fitness of prospective trainees, so long as the examinations or other criteria for admission to the academy are consistent with the provisions of Chapter 124. of the Revised Code. The Ohio peace officer training commission shall determine tuition costs sufficient in the aggregate to pay the costs of operating the academy. The costs of acquiring and equipping the academy shall be paid from appropriations made by the general assembly to the Ohio peace officer training commission for that purpose, from gifts or grants received for that purpose, or from fees for goods related to the academy. The Ohio peace officer training commission shall create a gaming-related curriculum for gaming agents. The Ohio peace officer training commission shall use money distributed to the Ohio peace officer training academy from the Ohio law enforcement training fund to first support the academy's training programs for gaming agents and gaming-related curriculum. The Ohio peace officer training commission may utilize existing training programs in other states that specialize in training gaming agents. 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 S. B. No. 338 Page 20 As Introduced The law enforcement officers, during the period of their training, shall receive compensation as determined by the political subdivision that sponsors them or, if the officer is a criminal investigator employed by the state public defender, as determined by the state public defender. The political subdivision may pay the tuition costs of the law enforcement officers they sponsor and the state public defender may pay the tuition costs of criminal investigators of that office who attend the academy. If trainee vacancies exist, the academy may train and issue certificates of satisfactory completion to peace officers who are employed by a campus police department pursuant to section 1713.50 of the Revised Code, by a qualified nonprofit corporation police department pursuant to section 1702.80 of the Revised Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions, or hospital police officers appointed and commissioned by the secretary of state pursuant to sections 4973.17 to 4973.22 of the Revised Code, provided that no such officer shall be trained at the academy unless the officer meets the qualifications established for admission to the academy and the qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or the private college or university that established the campus police department prepays the entire cost of the training. A 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 S. B. No. 338 Page 21 As Introduced qualified nonprofit corporation police department; bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions; railroad company; hospital; or amusement park or a private college or university that has established a campus police department is not entitled to reimbursement from the state for any amount paid for the cost of training the bank, savings and loan association, savings bank, credit union, or association of banks, savings and loan associations, savings banks, or credit unions peace officers; the railroad company's peace officers; or the peace officers of the qualified nonprofit corporation police department, campus police department, hospital, or amusement park. The academy shall permit investigators employed by the state medical board to take selected courses that the board determines are consistent with its responsibilities for initial and continuing training of investigators as required under sections 4730.26 and 4731.05 of the Revised Code. The board shall pay the entire cost of training that investigators receive at the academy. The academy shall permit tactical medical professionals to attend training courses at the academy that are designed to qualify the professionals to carry firearms while on duty under section 109.771 of the Revised Code and that provide training comparable to training mandated under the rules required by division (A) of section 109.748 of the Revised Code. The executive director of the Ohio peace officer training commission may certify tactical medical professionals who satisfactorily complete the training courses. The law enforcement agency served by a tactical medical professional who attends the academy may pay the tuition costs of the professional. 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 S. B. No. 338 Page 22 As Introduced (B) As used in this section: (1) "Law enforcement officers" include any undercover drug agent, any bailiff or deputy bailiff of a court of record, and any criminal investigator who is employed by the state public defender. (2) "Undercover drug agent" means any person who: (a) Is employed by a county, township, or municipal corporation for the purposes set forth in division (B)(2)(b) of this section but who is not an employee of a county sheriff's department, of a township constable, or of the police department of a municipal corporation or township; (b) In the course of the person's employment by a county, township, or municipal corporation, investigates and gathers information pertaining to persons who are suspected of violating Chapter 2925. or 3719. of the Revised Code, and generally does not wear a uniform in the performance of the person's duties. (3) "Crisis intervention training" has the same meaning as in section 109.71 of the Revised Code. (4) "Missing children" has the same meaning as in section 2901.30 of the Revised Code. (5) "Companion animal" has the same meaning as in section 959.131 of the Revised Code. Sec. 109.80. (A) The Ohio peace officer training commission shall develop and conduct a basic training course lasting at least three weeks for appointed and newly elected sheriffs appointed or elected on or after January 1, 1988, and shall establish criteria for what constitutes successful completion of the course. The basic training course shall 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 S. B. No. 338 Page 23 As Introduced include instruction in contemporary law enforcement, criminal investigations, the judicial process, civil rules, corrections, and other topics relevant to the duties and operations of the office of sheriff. The basic training course also shall include training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code. Such training shall be consistent with the training specified in the rules adopted under section 109.805 of the Revised Code. The commission shall offer the course every four years within six months after the general election of sheriffs in each county and at other times when it is needed to permit sheriffs to attend within six months after appointment or election. The course shall be conducted by the Ohio peace officer training academy. The council commission shall provide that not less than two weeks of the course conducted within six months after the general election of sheriffs in each county shall be conducted prior to the first Monday in January next after that general election. (B) The attorney general shall appoint a continuing education committee, consisting of not fewer than five nor more than seven members, including but not limited to, members of the Ohio peace officer training commission and sheriffs. The commission and the committee jointly shall determine the type of continuing education required for sheriffs to complete the requirements of division (E) of section 311.01 of the Revised Code, shall include as a required part of that continuing education training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code, and shall 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 S. B. No. 338 Page 24 As Introduced establish criteria for what constitutes successful completion of the requirement. The training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling shall be consistent with the training specified in the rules adopted under section 109.805 of the Revised Code. The committee shall approve the courses that sheriffs may attend to complete the continuing education requirement and shall publish an approved list of those courses. The commission shall maintain a list of approved training schools that sheriffs may attend to complete the continuing education requirement. Upon request, the committee may approve courses other than those courses conducted as part of a certified law enforcement manager program. (C) Upon presentation of evidence by a sheriff that because of medical disability or for other good cause that the sheriff is unable to complete the basic or continuing education requirement, the commission may waive the requirement until the disability or cause terminates. (D) As used in this section, "newly elected sheriff" means a person who did not hold the office of sheriff of a county on the date the person was elected sheriff of that county. Sec. 109.805. The attorney general shall do all of the following: (A) Adopt, in accordance with Chapter 119. or pursuant to section 109.74 of the Revised Code, rules governing the training of peace officers in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling, including biased policing and status-based profiling of the type described in divisions (B) and (C) of section 2933.84 of the Revised Code. The rules 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 S. B. No. 338 Page 25 As Introduced shall specify the amount of that training necessary for the satisfactory completion of basic training programs at approved peace officer training schools other than the Ohio peace officer training academy. The rules shall require that the training include, but not be limited to, materials that provide an understanding of the historical and cultural systems that perpetuate biased policing and status-based profiling, assistance in identifying biased policing and status-based profiling practices, and self-evaluation strategies for officers to preempt biased policing or status-based profiling prior to stopping an individual. (B) Adopt reasonable rules under Chapter 119. of the Revised Code prescribing the format and timing of the submission by law enforcement agencies under division (G)(1) of section 2933.84 of the Revised Code of information gathered under divisions (E) and (F) of that section. (C) In accordance with division (G) of section 2933.84 of the Revised Code, analyze all data submitted to the attorney general pursuant to that division, publish the data and the analysis of the data in a report, and distribute copies of the report. Sec. 109.806. (A) There is hereby created within the office of the attorney general the racial and identity profiling advisory board. The board is established for the purpose of eliminating biased policing and status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code, and improving diversity and racial and identity sensitivity in law enforcement. (B) Unless otherwise stated in this division, the governor shall appoint members to the board with the advice and consent 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 S. B. No. 338 Page 26 As Introduced of the senate. The board shall consist of the following members: (1) The attorney general, the state public defender, and the superintendent of the state highway patrol, or their designees; (2) The president of the Ohio association of chiefs of police, or the president's designee; (3) The president of the buckeye state sheriffs' association, or the president's designee; (4) Two members of the senate, one appointed by the president of the senate and one appointed by the minority leader of the senate; (5) Two members of the house of representatives, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives; (6) A member of the general assembly appointed by the Ohio legislative black caucus; (7) A university professor who specializes in policing and racial and identity equity; (8) Two representatives of civil or human rights nonprofit organizations who specialize in civil or human rights; (9) Two representatives of community organizations who specialize in civil or human rights and criminal justice and who work with victims of biased policing or status-based profiling, with at least one of the representatives being between sixteen and twenty-four years of age; (10) Two religious clergy members with experience in 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 S. B. No. 338 Page 27 As Introduced addressing and reducing racial and identity bias toward individuals and groups. (C) The board shall have the following annual duties: (1) Assist the attorney general in analyzing the data reported by law enforcement agencies pursuant to division (G) of section 2933.84 of the Revised Code; (2) Assess state and local law enforcement training regarding biased policing and status-based profiling; (3) Work in partnership with state and local law enforcement agencies to review and analyze biased policing and status-based profiling policies and practices across geographic areas in Ohio; (4) Conduct evidence-based research or consult available research on intentional and implicit biases and law enforcement stop, search, and seizure tactics; (5) Hold at least three public meetings across the state to discuss biased policing and status-based profiling and potential reforms to prevent those practices, and provide public notice of each meeting at least sixty days before each meeting; (6) Issue an annual report that provides the board's assessment of biased policing and status-based profiling in the state, detailed findings on the past and current status of racial and identity profiling, and policy recommendations to eliminate biased policing and profiling. (D) The annual report of the board is a public record and shall be posted on the attorney general's web site. Previous annual reports shall be retained and kept available on the web site. 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 S. B. No. 338 Page 28 As Introduced (E)(1) Members of the board shall serve initial four-year terms. At the end of each term the original appointing authority may renew the member's appointment. Any vacancy that occurs on the board shall be filled in the same manner as the original appointment. (2) The board shall annually elect two of its members as co-chairpersons. No action of the board shall be valid unless agreed to by a majority of its members. (3) Members of the board shall serve without compensation. Sec. 2933.84. (A) As used in this section: (1) "Gender identity" means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated gender at birth. (2) "Minority group" means any of the following: (a) African Americans, including, but not limited to, persons of African descent; (b) Latinos, including, but not limited to, persons of Hispanic descent; (c) Persons of Arab or Middle Eastern descent or appearance; (d) Asians; (e) Native Americans; (f) Pacific Islanders; (g) Any persons not described in division (A)(2)(a), (b), (c), (d), (e), or (f) of this section who are members of a socially or economically disadvantaged group, whose disadvantage 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 S. B. No. 338 Page 29 As Introduced arises from discrimination on the basis of race, religion, sex, disability, military status, national origin, ancestry, or other similar cause. (3) Except as otherwise provided in this division, "minor traffic violation" means any violation of a prohibition set forth in Title XLV of the Revised Code or of an ordinance of a municipal corporation that is substantially equivalent to any prohibition set forth in Title XLV of the Revised Code. "Minor traffic violation" does not include any violation that is a moving violation as defined in section 2743.70 of the Revised Code. (4) "Sexual orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality. (5) "Traffic stop" means a law enforcement officer's stop of a motor vehicle, bicycle, or pedestrian for any minor traffic violation. (B) No law enforcement officer shall do any of the following: (1) Engage in a practice of targeting or stopping an individual who is a motorist, bicyclist, or pedestrian on the basis, in whole or in part, of the ethnic, minority group, religious affiliation, sexual orientation, or gender identity status of the individual by means of detention, interdiction, or other disparate treatment, unless that status is used in combination with one or more other identifying factors seeking to apprehend a specific suspect whose ethnic, minority group, religious affiliation, sexual orientation, or gender identity status as perceived by the officer is part of the description of the suspect and that description is timely and reliable; 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 S. B. No. 338 Page 30 As Introduced (2) Use any violation of any state or local traffic law as a pretense for stopping a motor vehicle, bicycle, or pedestrian for any reason, unless the reason for the stop is the occurrence of an offense that the officer can explicitly articulate; (3) Request an operator of a motor vehicle or bicycle that is stopped solely for a minor traffic violation, or a pedestrian who is stopped solely for a minor traffic violation, to consent to a search by the officer of the motor vehicle or bicycle or of the pedestrian; (4) After a traffic stop of a motor vehicle, bicycle, or pedestrian, detain the motor vehicle, its operator, or its passengers, the bicycle or its operator, or the pedestrian to provide time for arrival of a canine unit or any other animal used in an inspection or sniffing of a motor vehicle, bicycle, or person, or otherwise extend the traffic stop beyond the time reasonably necessary to address the traffic violation that is the basis of the stop, unless there exists probable cause to believe that the operator of the vehicle or bicycle, one or more passengers of the vehicle, or the pedestrian has been involved in criminal activity. (C) No official of a law enforcement agency shall engage in, or authorize or allow the law enforcement officers the agency employs or is served by to engage in a practice of targeting or stopping an individual who is a motorist, bicyclist, or pedestrian on the basis, in whole or in part, of the ethnic, minority group, religious affiliation, sexual orientation, or gender identity status of the individual by means of detention, interdiction, or other disparate treatment, unless that status is used in combination with one or more other identifying factors seeking to apprehend a specific suspect 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 S. B. No. 338 Page 31 As Introduced whose ethnic, minority group, religious affiliation, sexual orientation, or gender identity status as perceived by the officer is part of the description of the suspect and that description is timely and reliable. (D) Each law enforcement agency in this state that employs or is served by any law enforcement officer shall do all of the following: (1) Develop and maintain a policy that is designed to eliminate biased policing or status-based profiling by the agency and its law enforcement officers, including biased policing and status-based profiling of the type described in divisions (B) and (C) of this section, and to cease existing practices by the agency and its officers that permit, perpetuate, or encourage biased policing and status-based profiling; (2) Develop an educational training program that is designed to train its law enforcement officers and officials how to perform law enforcement duties and handle law enforcement matters without engaging in biased policing or status-based profiling, including biased policing and status-based profiling of the type described in divisions (B) and (C) of this section. The educational training program shall include training materials that provide an understanding of the historical and cultural systems that perpetuate biased policing and status- based profiling, assistance in identifying biased policing and status-based profiling practices, and self-evaluation strategies for officers to preempt biased policing or status-based profiling prior to stopping an individual; (3) Annually provide training under the program developed pursuant to division (D)(2) of this section to each law 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 S. B. No. 338 Page 32 As Introduced enforcement officer who is employed by or serves the agency and to each official of the agency; (4) In addition to the training required by division (D) (3) of this section, provide training under the program developed pursuant to division (D)(2) of this section to each law enforcement officer who is employed by or serves the agency and violates division (B) of this section and to each official of the agency who violates division (C) of this section, within a reasonable period of time after the violation. (E)(1) Whenever a law enforcement officer causes the stop, delay, or questioning of the operator of a motor vehicle, the operator of a bicycle, or a pedestrian, the law enforcement agency that employs or is served by the law enforcement officer shall obtain from the law enforcement officer and record all of the following data: (a) Regarding a motor vehicle or bicycle, a description of the motor vehicle or bicycle, including its manufacturer and model; (b) Regarding a motor vehicle, the identifying numerals, letters, or numerals and letters that appear on the motor vehicle's license plate; (c) The race, ethnicity, approximate age, and gender of the operator and all passengers of the motor vehicle, the operator of the bicycle, or the pedestrian; (d) The location of the stop, delay, or questioning, including the street and address number; (e) The approximate duration of the stop, delay, or questioning; 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 S. B. No. 338 Page 33 As Introduced (f) The basis for the stop, delay, or questioning, including any local, state, or federal offense alleged to have been committed by the operator or any passenger of the motor vehicle, the operator of the bicycle, or the pedestrian; (g) The date on which and exact time at which the stop, delay, or questioning occurred. (2) The identification of the characteristics described in divisions (E)(1)(a) to (g) of this section shall be based on the observation and perception of the law enforcement officer conducting the stop, delay, or questioning. No operator of or passenger in the involved motor vehicle, no operator of the involved bicycle, and no involved pedestrian, whichever is applicable, shall be asked to provide the information regarding those characteristics. (F) Whenever a law enforcement officer conducts a search or inventory of a motor vehicle or bicycle, or otherwise causes a motor vehicle, bicycle, or pedestrian to be inspected or sniffed by a canine unit or any other animal for the detection of illegal drugs or contraband, the law enforcement agency that employs or is served by the law enforcement officer shall obtain from the law enforcement officer and record all of the following data: (1) The legal basis and rationale for the stop, search, inventory, or sniffing of the motor vehicle, bicycle, or pedestrian; (2) The nature of any contraband that was discovered in the course of the search, inventory, or sniffing; (3) The exact oral or written warning or instructions given to the operator of or passenger in the motor vehicle, the 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 S. B. No. 338 Page 34 As Introduced operator of the bicycle, or the pedestrian prior to the search, inventory, or sniffing; (4) The charge or charges, if any, that were filed against the operator of or passenger in the motor vehicle, the operator of the bicycle, or the pedestrian as a result of the search, inventory, or sniffing; (5) The reason as to why the search, inventory, or sniffing was instituted. (G)(1) Each law enforcement agency that collects data under division (E) or (F) of this section shall annually submit the data collected to the attorney general. The agency shall submit the data not later than the first day of February of the calendar year following the year for which the data is collected, in accordance with the rules adopted by the attorney general under division (B) of section 109.805 of the Revised Code. Upon receipt of the data, the attorney general shall analyze the data in accordance with general statistical standards to determine whether disparities exist in the stopping and searching of motor vehicles, bicycles, or pedestrians that cause a disproportionately adverse effect on a particular minority group or groups or any other group of persons linked by ethnic, religious affiliation, sexual orientation, or gender identity status. Not later than the first day of April of the calendar year in which the attorney general receives the data under this division, the attorney general shall publish the data and the analysis conducted under this division in a report that the attorney general prepares annually and shall distribute copies of the report in accordance with division (G)(3) of this section. (2) The attorney general shall distribute copies of 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 S. B. No. 338 Page 35 As Introduced reports published under division (G)(1) of this section to the general assembly, the governor, and law enforcement agencies. The reports are public records under section 149.43 of the Revised Code and shall be made readily available to the public. (3) The attorney general shall exclude from the reports described in division (G)(1) of this section all information that would personally identify any motor vehicle operator or passenger, any bicycle operator, or any pedestrian who is the subject of any stop, search, inventory, or sniffing described in this section or any law enforcement officer who conducts any stop, search, inventory, or sniffing described in this section. The attorney general and local law enforcement agencies shall maintain the information so excluded for a reasonable period of time. Information of the nature described in this division that is excluded from the report described in division (G)(1) of this section is not a public record for purposes of section 149.43 of the Revised Code, and the attorney general or law enforcement agency shall redact all information of that nature from any records released by the attorney general or law enforcement agency. The attorney general or a law enforcement agency may disclose information of that nature for purposes of a civil proceeding brought under division (I) or (J) of this section and may release information of that nature to relevant parties of a motion seeking to exclude from admission as evidence any information obtained through a potentially unconstitutional or unlawful search. (H) If the attorney general determines in the analysis conducted under division (G) of this section that the statistical data collected and analyzed under this section shows 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 S. B. No. 338 Page 36 As Introduced any pattern of disparate traffic and law enforcement practices by a law enforcement agency or its officers or officials, that has a disproportionately adverse effect on a particular minority group or groups or any other group of persons linked by ethnicity, religious affiliation, sexual orientation, or gender identity status, the law enforcement agency shall take immediate remedial actions to eradicate the practices by the agency or its officers or officials. (I) An individual who is a victim of a violation of division (B) or (C) of this section has a cause of action against the law enforcement agency that employs or is served by the law enforcement officer or official who committed the violation. The individual may file a civil action asserting the cause under section 2307.60 of the Revised Code. In the action, the individual may seek appropriate and equitable relief in a court of record in this state having jurisdiction. The court shall award reasonable attorneys' fees, including expert fees as part of the attorneys' fee, to the prevailing party as costs. (J) The attorney general may institute civil proceedings for injunctive relief against a law enforcement agency that employs or is served by a law enforcement officer or official who violates division (B) or (C) of this section to compel the termination of the violation and prevent future violations. The attorney general may bring the proceedings in any court of competent jurisdiction. If the attorney general proves in the proceedings that a law enforcement officer or official that the agency employs or is served by has committed or is committing the violation, the court shall order the agency to discontinue all biased policing and status-based profiling, to discontinue all practices that permit, perpetuate, or encourage biased policing or status-based profiling, and to submit to the 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 S. B. No. 338 Page 37 As Introduced attorney general a corrective action plan for discontinuing all biased policing or status-based profiling and all such practices. The court shall order the agency to submit the corrective action plan to the attorney general by a specified date that is agreed upon by the agency and the attorney general and approved by the court. Sec. 4117.10. (A) An agreement between a public employer and an exclusive representative entered into pursuant to this chapter governs the wages, hours, and terms and conditions of public employment covered by the agreement. If the agreement provides for a final and binding arbitration of grievances, public employers, employees, and employee organizations are subject solely to that grievance procedure and the state personnel board of review or civil service commissions have no jurisdiction to receive and determine any appeals relating to matters that were the subject of a final and binding grievance procedure. Where no agreement exists or where an agreement makes no specification about a matter, the public employer and public employees are subject to all applicable state or local laws or ordinances pertaining to the wages, hours, and terms and conditions of employment for public employees. All of the following prevail over conflicting provisions of agreements between employee organizations and public employers: (1) Laws pertaining to any of the following subjects: (a) Civil rights; (b) Affirmative action; (c) Unemployment compensation; (d) Workers' compensation; (e) The retirement of public employees; 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 S. B. No. 338 Page 38 As Introduced (f) Residency requirements; (g) The minimum educational requirements contained in the Revised Code pertaining to public education including the requirement of a certificate by the fiscal officer of a school district pursuant to section 5705.41 of the Revised Code; (h) The provisions of division (A) of section 124.34 of the Revised Code governing the disciplining of officers and employees who have been convicted of a felony; (i) The minimum standards promulgated by the state board of education pursuant to division (D) of section 3301.07 of the Revised Code. (2) The law pertaining to the leave of absence and compensation provided under section 5923.05 of the Revised Code, if the terms of the agreement contain benefits which are less than those contained in that section or the agreement contains no such terms and the public authority is the state or any agency, authority, commission, or board of the state or if the public authority is another entity listed in division (B) of section 4117.01 of the Revised Code that elects to provide leave of absence and compensation as provided in section 5923.05 of the Revised Code; (3) The law pertaining to the leave established under section 5906.02 of the Revised Code, if the terms of the agreement contain benefits that are less than those contained in section 5906.02 of the Revised Code; (4) The law pertaining to excess benefits prohibited under section 3345.311 of the Revised Code with respect to an agreement between an employee organization and a public employer entered into on or after the effective date of this amendment 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 S. B. No. 338 Page 39 As Introduced September 29, 2015. (5) The law pertaining to law enforcement agency policies, cessation of existing practices, and training programs related to biased policing or status-based profiling required under division (D) of section 2933.84 of the Revised Code with respect to an agreement between an employee organization and a public employer entered into on or after the effective date of this amendment. Except for sections 306.08, 306.12, 306.35, and 4981.22 of the Revised Code and arrangements entered into thereunder, and section 4981.21 of the Revised Code as necessary to comply with section 13(c) of the "Urban Mass Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements entered into thereunder, this chapter prevails over any and all other conflicting laws, resolutions, provisions, present or future, except as otherwise specified in this chapter or as otherwise specified by the general assembly. Nothing in this section prohibits or shall be construed to invalidate the provisions of an agreement establishing supplemental workers' compensation or unemployment compensation benefits or exceeding minimum requirements contained in the Revised Code pertaining to public education or the minimum standards promulgated by the state board of education pursuant to division (D) of section 3301.07 of the Revised Code. (B) The public employer shall submit a request for funds necessary to implement an agreement and for approval of any other matter requiring the approval of the appropriate legislative body to the legislative body within fourteen days of the date on which the parties finalize the agreement, unless otherwise specified, but if the appropriate legislative body is 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 S. B. No. 338 Page 40 As Introduced not in session at the time, then within fourteen days after it convenes. The legislative body must approve or reject the submission as a whole, and the submission is deemed approved if the legislative body fails to act within thirty days after the public employer submits the agreement. The parties may specify that those provisions of the agreement not requiring action by a legislative body are effective and operative in accordance with the terms of the agreement, provided there has been compliance with division (C) of this section. If the legislative body rejects the submission of the public employer, either party may reopen all or part of the entire agreement. As used in this section, "legislative body" includes the governing board of a municipal corporation, school district, college or university, village, township, or board of county commissioners or any other body that has authority to approve the budget of their public jurisdiction and, with regard to the state, "legislative body" means the controlling board. (C) The chief executive officer, or the chief executive officer's representative, of each municipal corporation, the designated representative of the board of education of each school district, college or university, or any other body that has authority to approve the budget of their public jurisdiction, the designated representative of the board of county commissioners and of each elected officeholder of the county whose employees are covered by the collective negotiations, and the designated representative of the village or the board of township trustees of each township is responsible for negotiations in the collective bargaining process; except that the legislative body may accept or reject a proposed collective bargaining agreement. When the matters about which there is agreement are reduced to writing and approved by 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 S. B. No. 338 Page 41 As Introduced the employee organization and the legislative body, the agreement is binding upon the legislative body, the employer, and the employee organization and employees covered by the agreement. (D) There is hereby established an office of collective bargaining in the department of administrative services for the purpose of negotiating with and entering into written agreements between state agencies, departments, boards, and commissions and the exclusive representative on matters of wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement. Nothing in any provision of law to the contrary shall be interpreted as excluding the bureau of workers' compensation and the industrial commission from the preceding sentence. This office shall not negotiate on behalf of other statewide elected officials or boards of trustees of state institutions of higher education who shall be considered as separate public employers for the purposes of this chapter; however, the office may negotiate on behalf of these officials or trustees where authorized by the officials or trustees. The staff of the office of collective bargaining are in the unclassified service. The director of administrative services shall fix the compensation of the staff. The office of collective bargaining shall: (1) Assist the director in formulating management's philosophy for public collective bargaining as well as planning bargaining strategies; (2) Conduct negotiations with the exclusive representatives of each employee organization; 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 S. B. No. 338 Page 42 As Introduced (3) Coordinate the state's resources in all mediation, fact-finding, and arbitration cases as well as in all labor disputes; (4) Conduct systematic reviews of collective bargaining agreements for the purpose of contract negotiations; (5) Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes; (6) Prepare and submit an annual report and other reports as requested to the governor and the general assembly on the implementation of this chapter and its impact upon state government. Sec. 5503.05. The superintendent of the state highway patrol, with the approval of the director of public safety, may conduct training schools for prospective state highway patrol troopers. The training provided at the training schools shall include, but not be limited to, training in performing law enforcement duties and handling law enforcement matters without engaging in biased policing or status-based profiling as described in divisions (B) and (C) of section 2933.84 of the Revised Code. Training on the subject of biased policing and status-based profiling shall be consistent with the training specified in the rules adopted under section 109.805 of the Revised Code. The prospective troopers, during the period of their training and as members of the state patrol school, shall be paid a reasonable salary out of highway funds. The superintendent may furnish the necessary supplies and equipment for the use of the prospective troopers during the training period. The superintendent may establish rules governing the 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 S. B. No. 338 Page 43 As Introduced qualifications for admission to training schools for prospective troopers and provide for competitive examinations to determine the fitness of the students and prospective troopers, not inconsistent with the rules of the director of administrative services. Section 2. That existing sections 109.73, 109.77, 109.79, 109.80, 4117.10, and 5503.05 of the Revised Code are hereby repealed. Section 3. Section 109.80 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 351 and H.B. 670 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 composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250