As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 9

Senators Jacobson, Clancy, Gardner, Harris, Spada, Cates, Austria 

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A BILL

To amend sections 2901.13, 2909.21, 2923.31, 2933.51,

1

2935.03, 4507.08, 4561.99, 4931.49, and 5502.03,

2

and to enact sections 9.63, 2909.26, 2909.27,

3

2909.28, 2909.29, 2909.30, 2909.31, 2909.32,

4

2909.33, 2909.34, 2921.29, 3750.22, 4561.26,

5

4563.30, and 5502.012 of the Revised Code to bar

6

state and local employees from unreasonably

7

failing to comply with certain requests for

8

assistance by federal authorities regarding

9

homeland security; to restrict municipal

10

ordinances and other enactments from materially

11

hindering or preventing compliance with

12

immigration or terrorism investigations or with

13

federal laws or orders pertaining to terrorism or

14

homeland security; to create the offenses of

15

criminal possession of a chemical weapon,

16

biological weapon, radiological or nuclear weapon,

17

or explosive device, criminal use of a chemical

18

weapon, biological weapon, radiological or nuclear

19

weapon, or explosive device, illegal assembly or

20

possession of chemicals for the manufacture of a

21

chemical weapon, biological weapon, radiological

22

or nuclear weapon, or explosive device, and money

23

laundering in support of terrorism; to provide a

24

20-year limitations period for certain

25

terrorism-related offenses; to require prosecutors

26

and judges to notify federal immigration

27

authorities when an illegal alien is convicted of

28

a felony; to provide for the transfer pursuant to

29

a valid detainer from the Department of

30

Rehabilitation and Correction to federal

31

immigration authorities of an illegal alien in the

32

Department's custody upon completion of the

33

alien's prison term; to require persons in or near

34

a critical transportation infrastructure site to

35

show identification when requested by a law

36

enforcement officer in specified circumstances; to

37

require applicants for certain specified licenses

38

to disclose through a questionnaire any material

39

assistance they have provided to an organization

40

on the United States Department of State Terrorist

41

Exclusion List and generally restrict the issuance

42

of the licenses to applicants who disclose any

43

such material assistance; to generally prohibit

44

the state or a political subdivision of the state

45

from conducting business with any person, company,

46

or others that provide, and from employing any

47

person that provides, material assistance to any

48

organization on the United States Department of

49

State Terrorist Exclusion List; to require a

50

person in a public place to provide the person's

51

name and other identifying information to a law

52

enforcement officer when the officer has

53

reasonable suspicion that either the person is or

54

has been engaged in criminal activity or the

55

person has witnessed a felony offense of violence;

56

to include the terrorism-related offenses enacted

57

in the bill and animal and ecological terrorism as

58

"corrupt activity" under the Corrupt Activity Law;

59

to include the terrorism-related offenses enacted

60

in the bill as "designated offenses" for which an

61

interception warrant may be issued under the

62

Communications Interception Law; to clarify the

63

authority of Ohio peace officers and Department of

64

Public Safety personnel to assist federal law

65

enforcement officers in certain circumstances; to

66

prohibit the reinstatement of a suspended driver's

67

license to a person who is the subject of an

68

active arrest warrant; to authorize emergency

69

notification through the reverse-911 database; to

70

provide certain security-related measures

71

regarding public-use and private-use airports; and

72

to expand the homeland security duties of the

73

Department of Public Safety.

74

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2901.13, 2909.21, 2923.31, 2933.51,	75
2935.03, 4507.08, 4561.99, 4931.49, and 5502.03 be amended and	76
sections 9.63, 2909.26, 2909.27, 2909.28, 2909.29, 2909.30,	77
2909.31, 2909.32, 2909.33, 2909.34, 2921.29, 3750.22, 4561.26,	78
4563.30, and 5502.012 of the Revised Code be enacted to read as	79
follows:	80

Sec. 9.63.  (A) Notwithstanding any law, ordinance, or	81
collective bargaining contract to the contrary, no state or local	82
employee shall unreasonably fail to comply with any lawful request	83
for assistance made by any federal authorities carrying out the	84
provisions of the USA Patriot Act, any federal immigration or	85
terrorism investigation, or any executive order of the president	86
of the United States pertaining to homeland security, to the	87
extent that the request is consistent with the doctrine of	88
federalism.	89

(B) No municipal corporation shall enact an ordinance,	90
policy, directive, rule, or resolution that would materially	91
hinder or prevent local employees from complying with the USA	92
Patriot Act or any executive order of the president of the United	93
States pertaining to homeland security or from cooperating with	94
state or federal immigration services and terrorism	95
investigations.	96

(C)(1) Any municipal corporation that enacts any ordinance,	97
policy, directive, rule, or resolution that materially hinders or	98
prevents local employees from complying with the USA Patriot Act	99
or any executive order of the president of the United States	100
pertaining to homeland security or that materially hinders or	101
prevents local employees from cooperating with state or federal	102
immigration services or terrorism investigations shall be	103
ineligible to receive any homeland security funding available from	104
the state.	105

(2) Whenever the director of public safety determines that a	106
municipal corporation has enacted any ordinance, policy,	107
directive, rule, or resolution that materially hinders or prevents	108
local employees from complying with the USA Patriot Act or any	109
executive order of the president of the United States pertaining	110
to homeland security or from cooperating with state or federal	111
immigration services or terrorism investigations, the director	112
shall certify that the municipal corporation is ineligible to	113
receive any homeland security funding from the state and shall	114
notify the general assembly of that ineligibility. That municipal	115
corporation shall remain ineligible to receive any homeland	116
security funding from the state until the director certifies that	117
the ordinance, policy, directive, rule, or resolution has been	118
repealed.	119

(D)(1) If a local employee states disagreement with, or a	120
critical opinion of, the USA Patriot Act, any federal immigration	121
or terrorism policy, or any executive order of the president of	122
the United States pertaining to homeland security, the statement	123
of disagreement with or critical opinion of the Act or order is	124
not sufficient to qualify for purposes of division (A) of this	125
section as unreasonable noncompliance with a request for	126
assistance made by any federal authorities carrying out the	127
provisions of the USA Patriot Act, any federal immigration or	128
terrorism investigation, or any executive order of the president	129
of the United States pertaining to homeland security.	130

(2) If a municipal corporation enacts an ordinance, policy,	131
directive, rule, or resolution that states disagreement with, or a	132
critical opinion of, any state or federal immigration or terrorism	133
policy, the USA Patriot Act, or any executive order of the	134
president of the United States pertaining to homeland security,	135
the statement of the disagreement with, or the critical opinion	136
of, the policy, Act, or order is not sufficient to qualify for	137
purposes of divisions (B), (C), and (D) of this section as a	138
"material hindrance or prevention" of local employees from	139
cooperating with federal immigration services and terrorism	140
investigations or from complying with the USA Patriot Act or any	141
executive order of the president of the United States pertaining	142
to homeland security.	143

(E) As used in this section, "USA Patriot Act" means the	144
"Uniting and Strengthening America by Providing Appropriate Tools	145
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act	146
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	147

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	148
or, (3), or (4) of this section or as otherwise provided in this	149
section, a prosecution shall be barred unless it is commenced	150
within the following periods after an offense is committed:	151

(a) For a felony, six years;

152

(b) For a misdemeanor other than a minor misdemeanor, two	153
years;	154

(c) For a minor misdemeanor, six months.

155

(2) There is no period of limitation for the prosecution of a	156
violation of section 2903.01 or 2903.02 of the Revised Code.	157

(3) Except as otherwise provided in divisions (B) to (H) of	158
this section, a prosecution of any of the following offenses shall	159
be barred unless it is commenced within twenty years after the	160
offense is committed:	161

(a) A violation of section 2903.03, 2903.04, 2905.01,	162
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	163
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	164
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	165
violation of section 2903.11 or 2903.12 of the Revised Code if the	166
victim is a peace officer, a violation of section 2903.13 of the	167
Revised Code that is a felony, or a violation of former section	168
2907.12 of the Revised Code;	169

(b) A conspiracy to commit, attempt to commit, or complicity	170
in committing a violation set forth in division (A)(3)(a) of this	171
section.	172

(B) If the period of limitation provided in division (A)(1)	173
or (3) of this section has expired, prosecution shall be commenced	174
for an offense of which an element is fraud or breach of a	175
fiduciary duty, within one year after discovery of the offense	176
either by an aggrieved person, or by the aggrieved person's legal	177
representative who is not a party to the offense.	178

(C) If the period of limitation provided in division (A)(1)	179
or (3) of this section has expired, prosecution shall be commenced	180
for an offense involving misconduct in office by a public servant	181
as defined in section 2921.01 of the Revised Code, at any time	182
while the accused remains a public servant, or within two years	183
thereafter.	184

(D) An offense is committed when every element of the offense	185
occurs. In the case of an offense of which an element is a	186
continuing course of conduct, the period of limitation does not	187
begin to run until such course of conduct or the accused's	188
accountability for it terminates, whichever occurs first.	189

(E) A prosecution is commenced on the date an indictment is	190
returned or an information filed, or on the date a lawful arrest	191
without a warrant is made, or on the date a warrant, summons,	192
citation, or other process is issued, whichever occurs first. A	193
prosecution is not commenced by the return of an indictment or the	194
filing of an information unless reasonable diligence is exercised	195
to issue and execute process on the same. A prosecution is not	196
commenced upon issuance of a warrant, summons, citation, or other	197
process, unless reasonable diligence is exercised to execute the	198
same.	199

(F) The period of limitation shall not run during any time	200
when the corpus delicti remains undiscovered.	201

(G) The period of limitation shall not run during any time	202
when the accused purposely avoids prosecution. Proof that the	203
accused departed this state or concealed the accused's identity or	204
whereabouts is prima-facie evidence of the accused's purpose to	205
avoid prosecution.	206

(H) The period of limitation shall not run during any time a	207
prosecution against the accused based on the same conduct is	208
pending in this state, even though the indictment, information, or	209
process which commenced the prosecution is quashed or the	210
proceedings thereon are set aside or reversed on appeal.	211

(I) As used in this section, "peace officer" has the same	212
meaning as in section 2935.01 of the Revised Code.	213

Sec. 2909.21. As used in sections 2909.21 to 2909.252909.34	214
of the Revised Code:	215

(A) "Act of terrorism" means an act that is committed within	216
or outside the territorial jurisdiction of this state or the	217
United States, that constitutes a specified offense if committed	218
in this state or constitutes an offense in any jurisdiction within	219
or outside the territorial jurisdiction of the United States	220
containing all of the essential elements of a specified offense,	221
and that is intended to do one or more of the following:	222

(1) Intimidate or coerce a civilian population;

223

(2) Influence the policy of any government by intimidation or	224
coercion;	225

(3) Affect the conduct of any government by the act that	226
constitutes the offense.	227

(B) "Biological agent," "delivery system," "toxin," and	228
"vector" have the same meanings as in section 2917.33 of the	229
Revised Code.	230

(C) "Biological weapon" means any biological agent, toxin,	231
vector, or delivery system or combination of any biological agent	232
or agents, any toxin or toxins, any vector or vectors, and any	233
delivery system or systems.	234

(D) "Chemical weapon" means any one or more of the following:

235

(1) Any toxic chemical or precursor of a toxic chemical that	236
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	237
international "Convention on the Prohibition of the Development,	238
Production, Stockpiling and Use of Chemical Weapons and on their	239
Destruction (CWC)," as entered into force on April 29, 1997;	240

(2) A device specifically designed to cause death or other	241
harm through the toxic properties of a toxic chemical or	242
prescursor identified in division (D)(1) of this section that	243
would be created or released as a result of the employment of that	244
device;	245

(3) Any equipment specifically designed for use directly in	246
connection with the employment of devices identified in division	247
(D)(2) of this section;	248

(E) "Radiological or nuclear weapon" means any device that is	249
designed to create or release radiation or radioactivity at a	250
level that is dangerous to human life or in order to cause serious	251
physical harm to persons as a result of the radiation or	252
radioactivity created or released.	253

(F) "Explosive device" has the same meaning as in section	254
2923.11 of the Revised Code.	255

(G) "Key component of a binary or multicomponent chemical	256
system" means the precursor that plays the most important role in	257
determining the toxic properties of the final product and reacts	258
rapidly with other chemicals in the binary or multicomponent	259
chemical system.	260

(H) "Material assistance" means any of the following:

261

(1) Membership in an organization on the United States	262
department of state terrorist exclusion list;	263

(2) Use of the person's position of prominence within any	264
country to persuade others to support an organization on the	265
United States department of state terrorist exclusion list;	266

(3) Knowingly soliciting funds or other things of value for	267
an organization on the United States department of state terrorist	268
exclusion list;	269

(4) Solicitation of any individual for membership in an	270
organization on the United States department of state terrorist	271
exclusion list;	272

(5) Commission of an act that the person knows, or reasonably	273
should have known, affords material support or resources to an	274
organization on the United States department of state terrorist	275
exclusion list;	276

(6) Hiring or compensating a person known to be a member of	277
an organization on the United States department of state terrorist	278
exclusion list or a person known to be engaged in planning,	279
assisting, or carrying out an act of terrorism.	280

(I) "Material support or resources" means currency, payment	281
instruments, other financial securities, funds, transfer of funds,	282
financial services, communications, lodging, training, safehouses	283
safe houses, false documentation or identification, communications	284
equipment, facilities, weapons, lethal substances, explosives,	285
personnel, transportation, and other physical assets, except	286
medicine or religious materials.	287

(C)(J) "Payment instrument" means a check, draft, money	288
order, traveler's check, cashier's check, teller's check, or other	289
instrument or order for the transmission or payment of money,	290
regardless of whether the item in question is negotiable.	291

(K) "Peace officer" and "prosecutor" have the same meanings	292
as in section 2935.01 of the Revised Code.	293

(L) "Precursor" means any chemical reactant that takes part	294
at any stage in the production by whatever method of a toxic	295
chemical, including any key component of a binary or	296
multicomponent chemical system.	297

(D)(M) "Response costs" means all costs a political	298
subdivision incurs as a result of, or in making any response to, a	299
threat of a specified offense made as described in section 2909.23	300
of the Revised Code or a specified offense committed as described	301
in section 2909.24 of the Revised Code, including, but not limited	302
to, all costs so incurred by any law enforcement officers,	303
firefighters, rescue personnel, or emergency medical services	304
personnel of the political subdivision and all costs so incurred	305
by the political subdivision that relate to laboratory testing or	306
hazardous material cleanup.	307

(E)(N) "Specified offense" means any of the following:

308

(1) A felony offense of violence, a violation of section	309
2909.04, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	310
2909.29, or 2927.24 of the Revised Code, or a felony of the first	311
degree that is not a violation of any provision in Chapter 2925.	312
or 3719. of the Revised Code;	313

(2) An attempt to commit, complicity in committing, or a	314
conspiracy to commit an offense listed in division (E)(N)(1) of	315
this section.	316

(O) "Toxic chemical" means any chemical that through its	317
chemical action on life processes can cause death or serious	318
physical harm to persons or animals, regardless of its origin or	319
of its method of production and regardless of whether it is	320
produced in facilities, in munitions, or elsewhere.	321

(P) "United States department of state terrorist exclusion	322
list" means the list compiled by the United States secretary of	323
state, in consultation with or upon the request of the United	324
States attorney general, that designates terrorist organizations	325
for immigration purposes, as authorized by the "Uniting and	326
Strengthening America by Providing Appropriate Tools Required to	327
Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001,"	328
Pub. L. No. 107-056, 115 Stat. 272, as amended.	329

(Q) "Hazardous radioactive substance" means any substance or	330
item that releases or is designed to release radiation or	331
radioactivity at a level dangerous to human life.	332

Sec. 2909.26.  (A) No person shall knowingly possess any	333
chemical weapon, biological weapon, radiological or nuclear	334
weapon, or explosive device with the intent to use the chemical	335
weapon, biological weapon, radiological or nuclear weapon, or	336
explosive device to cause serious physical harm or death to	337
another person.	338

(B) No person shall knowingly possess any chemical weapon,	339
biological weapon, radiological or nuclear weapon, or explosive	340
device with intent to use the weapon to do any of the following:	341

(1) Intimidate or coerce a civilian population;

342

(2) Influence the policy of any government by intimidation or	343
coercion;	344

(3) Affect the conduct of any government by murder,	345
assassination, or kidnapping.	346

(C) Whoever violates this section is guilty of criminal	347
possession of a chemical weapon, biological weapon, radiological	348
or nuclear weapon, or explosive device. A violation of division	349
(A) of this section is a felony of the third degree. A violation	350
of division (B) of this section is a felony of the second degree.	351

Sec. 2909.27.  (A) No person shall recklessly use, deploy,	352
release, or cause to be used, deployed, or released any chemical	353
weapon, biological weapon, radiological or nuclear weapon, or	354
explosive device that creates a risk of death or serious physical	355
harm to another person not a participant in the offense.	356

(B) No person shall knowingly use, deploy, release, or cause	357
to be used, deployed, or released any chemical weapon, biological	358
weapon, radiological or nuclear weapon, or explosive device with	359
the intent to do any of the following:	360

(1) Intimidate or coerce a civilian population;

361

(2) Influence the policy of any government by intimidation or	362
coercion;	363

(3) Affect the conduct of any government by murder,	364
assassination, or kidnapping.	365

(C) No person shall knowingly use, deploy, release, or cause	366
to be used, deployed, or released any chemical weapon, biological	367
weapon, radiological or nuclear weapon, or explosive device with	368
intent to cause either of the following:	369

(1) Serious physical harm to, or the death of, more than two	370
persons who are not participants in the offense;	371

(2) Serious physical harm to, or the death of, another person	372
who is not a participant in the offense.	373

(D) Whoever violates this section is guilty of criminal use	374
of a chemical weapon, biological weapon, radiological or nuclear	375
weapon, or explosive device. A violation of division (A) of this	376
section is a felony of the second degree. A violation of division	377
(B) or (C) of this section is a felony of the first degree.	378

(E)(1) Division (A)(1) of this section does not apply to any	379
person who uses any of the following:	380

(a) Any household product that is generally available for	381
sale to consumers in this state in the quantity and concentration	382
available for sale to those consumers;	383

(b) A self-defense spray;

384

(c) A chemical weapon used solely for a purpose not	385
prohibited under this section if the type and quantity is	386
consistent with that purpose;	387

(d) A biological agent, toxin, or delivery system used solely	388
for protective, bona fide research, or other peaceful purposes.	389

(2) For purposes of division (E)(1) of this section, "a	390
purpose not prohibited under this section" means any of the	391
following:	392

(a) Any peaceful purpose related to an industrial,	393
agricultural, research, medical, or pharmaceutical activity or	394
other peaceful activity;	395

(b) Any purpose directly related to protection against toxic	396
chemicals and to protection against chemical weapons;	397

(c) Any military purpose of the United States that is not	398
connected with the use of a chemical weapon or that is not	399
dependent on the use of the toxic or poisonous properties of the	400
chemical weapon to cause death or other harm;	401

(d) Any law enforcement purpose, including any domestic riot	402
control purpose.	403

Sec. 2909.28.  (A) No person, with the intent to manufacture	404
a chemical weapon, biological weapon, radiological or nuclear	405
weapon, or explosive device, shall knowingly assemble or possess	406
one or more toxins, toxic chemicals, precursors of toxic	407
chemicals, vectors, biological agents, or hazardous radioactive	408
substances, including, but not limited to, those listed by the	409
department of public safety in rules adopted pursuant to division	410
(C) of section 5502.012 of the Revised Code, that may be used to	411
manufacture a chemical weapon, biological weapon, radiological or	412
nuclear weapon, or explosive device.	413

(B) In a prosecution under this section, it is not necessary	414
to allege or prove that the offender assembled or possessed all	415
chemicals or substances necessary to manufacture a chemical	416
weapon, biological weapon, radiological or nuclear weapon, or	417
explosive device. The assembly or possession, with the intent to	418
manufacture a chemical weapon, biological weapon, radiological or	419
nuclear weapon, or explosive device, of a single chemical or	420
substance that may be used in the manufacture of a chemical	421
weapon, biological weapon, radiological or nuclear weapon, or	422
explosive device is sufficient to violate this section.	423

(C) Whoever violates this section is guilty of illegal	424
assembly or possession of chemicals or substances for the	425
manufacture of a chemical weapon, biological weapon, radiological	426
or nuclear weapon, or explosive device. Illegal assembly or	427
possession of chemicals or substances for the manufacture of a	428
chemical weapon, biological weapon, radiological or nuclear	429
weapon, or explosive device is a felony of the fourth degree.	430

Sec. 2909.29.  (A) No person, knowing that the property	431
involved in the transaction is the proceeds of an act of terrorism	432
or a monetary instrument given, received, or intended to be used	433
in support of an act of terrorism, shall conduct or attempt to	434
conduct one or more transactions with either of the following:	435

(1) The intent to commit or further the commission of	436
criminal activity;	437

(2) The intent to conceal or disguise the nature, the	438
location, the source, the ownership, or the control of either the	439
proceeds of an act of terrorism or a monetary instrument given,	440
received, or intended to be used to support an act of terrorism or	441
the intent to avoid a transaction reporting requirement under	442
section 1315.53 of the Revised Code or federal law.	443

(B) No person shall transport, transmit, or transfer on one	444
or more occasion monetary instruments that represent either the	445
proceeds of an act of terrorism or a monetary instrument given,	446
received, or intended to be used in support of an act of terrorism	447
with either of the following:	448

(1) The intent to commit or further the commission of	449
criminal activity;	450

(2) The intent to conceal or disguise the nature, the	451
location, the source, the ownership, or the control of either the	452
proceeds of an act of terrorism or a monetary instrument given,	453
received, or intended to be used to support an act of terrorism or	454
the intent to avoid a transaction reporting requirement under	455
section 1315.53 of the Revised Code or federal law.	456

(C)(1) Whoever violates this section is guilty of money	457
laundering in support of terrorism, and, except as otherwise	458
provided in division (C)(2), (3), (4), or (5) of this section,	459
money laundering in support of terrorism is a misdemeanor of the	460
first degree.	461

(2) A violation of division (A)(1) of this section is a	462
felony of the fifth degree if the total value of the property	463
involved in the transaction or transactions equals or exceeds one	464
thousand dollars and is less than five thousand dollars. A	465
violation of division (A)(2), (B)(1), or (B)(2) of this section is	466
a felony of the fifth degree if the total value of the property	467
involved in the transaction or transactions or monetary instrument	468
or instruments equals or exceeds two thousand dollars and is less	469
than five thousand dollars.	470

(3) Money laundering in support of terrorism is a felony of	471
the fourth degree if the total value of the property involved in	472
the transaction or transactions or monetary instrument or	473
instruments equals or exceeds five thousand dollars and is less	474
than twenty-five thousand dollars.	475

(4) Money laundering in support of terrorism is a felony of	476
the third degree if the total value of the property involved in	477
the transaction or transactions or monetary instrument or	478
instruments equals or exceeds twenty-five thousand dollars and is	479
less than seventy-five thousand dollars.	480

(5) Money laundering in support of terrorism is a felony of	481
the second degree if the total value of the property involved in	482
the transaction or transactions or monetary instrument or	483
instruments equals or exceeds seventy-five thousand dollars.	484

Sec. 2909.30.  (A) Any prosecutor or judge of a court of	485
record shall notify the immigration and customs enforcement	486
section of the United States department of homeland security when	487
an alien who is not legally present in the United States has been	488
convicted of or pleaded guilty to a felony.	489

(B) If the department of rehabilitation and correction has	490
custody of an alien who is serving a prison term, at least ninety	491
days before releasing the alien from the department's custody upon	492
completion of the term or for any other reason or not later than	493
ten days after learning that the alien is to be released from the	494
department's custody, whichever is later, the department shall	495
contact the immigration and customs enforcement section of the	496
United States department of homeland security and inquire as to	497
whether the section wishes custody of the alien to be transferred	498
to the section.	499

(C) The department of rehabilitation and correction, pursuant	500
to a valid detainer lodged against the alien, shall transfer any	501
alien who is not legally present in the United States and has been	502
convicted of or pleaded guilty to a felony to the custody of the	503
immigration and customs enforcement section of the United States	504
department of homeland security upon completion of that alien's	505
prison term.	506

(D) As used in this section, "alien" means an individual who	507
is not a citizen of the United States.	508

Sec. 2909.31. (A) No person who is in or near an airport,	509
train station, port, or other critical transportation	510
infrastructure site shall refuse to show identification when	511
requested by a law enforcement officer under circumstances in	512
which the law enforcement officer is requiring identification of	513
all similarly situated people.	514

(B) If a person refuses to show identification under the	515
circumstances described in division (A) of this section, the law	516
enforcement officer may detain that person at the location or its	517
immediate vicinity for the purpose of determining the person's	518
name, address, and date of birth. This division does not limit or	519
affect any other authority that the officer may have under law to	520
detain the person for any other reason or for any other length of	521
time and does not limit or affect any authority that the officer	522
may have under law to arrest the person.	523

Sec. 2909.32.  (A)(1) The director of public safety shall	524
adopt rules in accordance with Chapter 119. of the Revised Code	525
identifying licenses issued by the state for which the holder of	526
any of the identified licenses would present a potential risk to	527
the residents of the state if the applicant has a connection to a	528
terrorist organization. In no case shall the rules identify a	529
driver's license or permit as a license of that nature if the	530
applicant for the license or permit, or for renewal of the license	531
or permit, is a resident of this state; this restriction does not	532
apply regarding nonrenewable licenses and temporary residents of	533
this state who apply for nonrenewable licenses.	534

(2)(a) The director of public safety shall develop a	535
questionnaire to be used for purposes of this section by	536
applicants for any license or for renewal of any license	537
identified by the director pursuant to division (A)(1) of this	538
section to indicate whether they have provided material assistance	539
to an organization that is listed on the United States department	540
of state terrorist exclusion list. The questionnaire shall be	541
substantially in the form set forth in division (A)(2)(b) of this	542
section and shall be made available to each issuing agency of a	543
license identified by the director pursuant to division (A)(1) of	544
this section. The director also shall make available to each	545
issuing agency of a license identified by the director pursuant to	546
division (A)(1) of this section a then-current copy of the United	547
States department of state terrorist exclusion list. Each	548
applicant for a license identified by the director pursuant to	549
division (A)(1) of this section shall complete the questionnaire,	550
and any answer of "yes" to any of the questions shall serve for	551
purposes of this section as a disclosure by the applicant that the	552
applicant has provided material assistance to an organization that	553
is listed on the United States department of state terrorist	554
exclusion list.	555

(b) The questionnaire required under division (A)(2)(a) of	556
this section shall be substantially as follows and shall include	557
the following questions and the associated spaces for answering	558
the questions:	559

"QUESTIONNAIRE, REGARDING MATERIAL ASSISTANCE

560

TO TERRORIST ORGANIZATION

561

(1) Are you a member of an organization on the U.S.	562
Department of State Terrorist Exclusion List? Yes .....; No ......	563

(2) Have you used any position of prominence you have within	564
any country to persuade others to support an organization on the	565
U.S. Department of State Terrorist Exclusion List? Yes .....; No	566
......	567

(3) Have you knowingly solicited funds or other things of	568
value for an organization on the U.S. Department of State	569
Terrorist Exclusion List? Yes .....; No ......	570

(4) Have you solicited any individual for membership in an	571
organization on the U.S. Department of State Terrorist Exclusion	572
List? Yes .....; No ......	573

(5) Have you committed an act that you know, or reasonably	574
should have known, affords "material support or resources" (see	575
below) to an organization on the U.S. Department of State	576
Terrorist Exclusion List? Yes .....; No ......	577

(6) Have you hired or compensated a person known to be a	578
member of an organization on the U.S. Department of State	579
Terrorist Exclusion List or a person known to be engaged in	580
planning, assisting, or carrying out an act of terrorism? Yes	581
.....; No ......	582

For purposes of question 5 on this questionnaire, "material	583
support or resources" means currency, payment instruments, other	584
financial securities, funds, transfer of funds, financial	585
services, communications, lodging, training, safe houses, false	586
documentation or identification, communications equipment,	587
facilities, weapons, lethal substances, explosives, personnel,	588
transportation, and other physical assets, except medicine or	589
religious materials."	590

(B) All applicants for any license or for renewal of any	591
license identified by the director of public safety pursuant to	592
division (A)(1) of this section shall answer each question on the	593
questionnaire developed by the director of public safety under	594
division (A)(2) of this section and shall attach the completed	595
questionnaire to the application for the license or for renewal of	596
the license that the person submits. Any answer of "yes" to any of	597
the questions shall serve for purposes of this section as a	598
disclosure by the applicant that the applicant has provided	599
material assistance to an organization that is listed on the	600
United States department of state terrorist exclusion list.	601

(C) Subject to division (D) of this section, any person who	602
discloses in an application for a license, or for renewal of a	603
license, identified pursuant to division (A)(1) of this section	604
the provision of material assistance to any organization listed on	605
the United States department of state terrorist exclusion list	606
shall be denied the license or the renewal of the license.	607

(D) The department of public safety, upon an applicant's	608
request, shall review, within thirty days of the request, the	609
denial of a license or renewal of a license pursuant to division	610
(C) of this section and shall reinstate the license application	611
for good cause if the department determines all of the following:	612

(1) Either of the following:

613

(a) That the applicant's provision of material assistance to	614
the organization that is listed on the United States department of	615
state terrorist exclusion list that was disclosed in the	616
application occurred more than ten years prior to the applicant's	617
making of the application;	618

(b) That, at the time of the applicant's provision of	619
material assistance to the organization that is listed on the	620
United States department of state terrorist exclusion list that	621
was disclosed in the application, the organization was not on that	622
terrorist exclusion list if the list was in existence at that time	623
or, if the list was not in existence at that time, the	624
organization was not involved in any activity or conduct that	625
would have merited the inclusion of the organization on that list	626
had it been in existence at that time.	627

(2) That, within the period commencing on the date ten years	628
prior to the applicant's making of the application and ending on	629
the date on which the department conducts the review, the	630
applicant has not provided material assistance to any organization	631
that was listed on the United States department of state terrorist	632
exclusion list or, regarding any time during that period during	633
which that terrorist exclusion list was not in existence, to any	634
organization that was involved in any activity or conduct that	635
would have merited the inclusion of the organization on that list	636
had it been in existence at that time;	637

(3) That it is unlikely that, in the future, the applicant	638
will provide material assistance to any organization that is	639
listed on the United States department of state terrorist	640
exclusion list;	641

(4) That the applicant does not pose a risk to the residents	642
of the state.	643

(E) The failure of an applicant for a license identified	644
pursuant to division (A)(1) of this section to complete and attach	645
to the application the questionnaire described in division (A)(2)	646
of this section, the failure to disclose in an application for the	647
license or for the renewal of the license any material assistance	648
to any organization listed on the United States department of	649
state terrorist exclusion list, or the making of false statements	650
regarding any material assistance to any organization listed on	651
the United States department of state terrorist exclusion list	652
shall result in the denial of the application and in the	653
revocation of the person's license.	654

(F) The failure of an applicant for a license identified	655
pursuant to division (A)(1) of this section to disclose in an	656
application for the license or for the renewal of the license any	657
material assistance to any organization listed on the United	658
States department of state terrorist exclusion list or the making	659
of false statements regarding any material assistance to any	660
organization listed on the United States department of state	661
terrorist exclusion list is a felony of the fifth degree.	662

(G)(1) Any issuing agency of a license identified by the	663
director of public safety pursuant to division (A)(1) of this	664
section shall include in the agency's application form a copy of	665
the questionnaire developed by the director of public safety under	666
division (A)(2) of this section and a then-current copy of the	667
United States department of state terrorist exclusion list and	668
shall inform persons who are completing the application that they	669
must truthfully answer each question on the questionnaire.	670

(2) The issuing agency shall notify the department of public	671
safety if it denies an application for a license, or for the	672
renewal of a license, identified pursuant to division (A)(1) of	673
this section, because the person disclosed in the application	674
material assistance to an organization that is listed on the	675
United States department of state terrorist exclusion list.	676

Sec. 2909.33.  (A) The director of public safety shall	677
develop a questionnaire to be used for purposes of this section by	678
the state, instrumentalities of the state, and political	679
subdivisions of the state in determining whether any person,	680
company, affiliated group, or organization with which the state,	681
instrumentality, or political subdivision might conduct business	682
or provide funding, or any person who holds, owns, or otherwise	683
has a controlling interest in a company, affiliated group, or	684
organization and with whom the state, instrumentality, or	685
political subdivision might conduct business or provide funding,	686
has provided material assistance to an organization that is listed	687
on the United States department of state terrorist exclusion list.	688
The questionnaire required under this division shall be	689
substantially in the form set forth in division (A)(2)(b) of	690
section 2909.32 of the Revised Code, shall include the questions	691
described in that division and the associated spaces for answering	692
the questions, and shall be made available to the state,	693
instrumentalities of the state, and political subdivisions of the	694
state. The director also shall make available to the state,	695
instrumentalities of the state, and political subdivisions of the	696
state a then-current copy of the United States department of state	697
terrorist exclusion list. The questionnaire and a then-current	698
copy of the United States department of state terrorist exclusion	699
list shall be provided to each person, company, affiliated group,	700
or organization, and each person who holds, owns, or otherwise has	701
a controlling interest in a company, affiliated group, or	702
organization, with which the state, instrumentality, or political	703
subdivision might conduct business or provide funding before the	704
state, instrumentality, or political subdivision conducts the	705
business or provides the funding.	706

Each person, company, affiliated group, or organization with	707
which the state, instrumentality, or political subdivision might	708
conduct business or provide funding, and each person who holds,	709
owns, or otherwise has a controlling interest in a company,	710
affiliated group, or organization and with whom the state,	711
instrumentality, or political subdivision might conduct business	712
or provide funding, and that is provided a copy of the	713
questionnaire under this division shall complete the	714
questionnaire, and any answer of "yes" to any of the questions	715
shall serve for purposes of this section as a disclosure by the	716
person, company, affiliated group, or organization that the	717
person, company, affiliated group, or organization has provided	718
material assistance to an organization that is listed on the	719
United States department of state terrorist exclusion list.	720

(B) Subject to divisions (C) and (D) of this section, no	721
state instrumentality or political subdivision of the state shall	722
conduct any business with or provide funding to any person,	723
company, affiliated group, or organization that provides material	724
assistance to any organization listed on the United States	725
department of state terrorist exclusion list or conduct any	726
business with or provide funding to any person who holds, owns, or	727
otherwise has a controlling interest in a company, affiliated	728
group, or organization that provides material assistance to any	729
organization on the United States department of state terrorist	730
exclusion list.	731

(C) Subject to division (D) of this section, any person,	732
company, affiliated group, or organization, and any person who	733
holds, owns, or otherwise has a controlling interest in a company,	734
affiliated group, or organization, that conducts any business with	735
or receives funding from the state, an instrumentality of the	736
state, or a political subdivision of the state and that provides	737
material assistance to any organization listed on the United	738
States department of state terrorist exclusion list shall be	739
prohibited from conducting any business with or receiving funding	740
from the state, an instrumentality of the state, or a political	741
subdivision of the state for a period of five years.	742

(D) The department of public safety, upon the request of any	743
person, company, affiliated group, or organization that discloses	744
in a questionnaire provided under division (A) of this section	745
that the person, company, affiliated group, or organization, or	746
the company, affiliated group, or organization in which the person	747
holds, owns, or otherwise has a controlling interest, has provided	748
material assistance to an organization that is listed on the	749
United States department of state terrorist exclusion list, shall	750
review, within thirty days of the request, whether the	751
restrictions set forth in divisions (B) and (C) of this section	752
should apply to the person, company, affiliated group, or	753
organization and shall order that those restrictions do not apply	754
to the person, company, affiliated group, or organization if the	755
department determines all of the following:	756

(1) Either of the following:

757

(a) That the person's, company's, affiliated group's, or	758
organization's provision of material assistance to the	759
organization that is listed on the United States department of	760
state terrorist exclusion list that was disclosed in the	761
questionnaire occurred more than ten years prior to the person's,	762
company's, affiliated group's, or organization's completion of the	763
questionnaire;	764

(b) That, at the time of the person's, company's, affiliated	765
group's, or organization's provision of material assistance to the	766
organization that is listed on the United States department of	767
state terrorist exclusion list that was disclosed in the	768
application, the organization was not on that terrorist exclusion	769
list if the list was in existence at that time or, if the list was	770
not in existence at that time, the organization was not involved	771
in any activity or conduct that would have merited the inclusion	772
of the organization on that list had it been in existence at that	773
time.	774

(2) That, within the period commencing on the date ten years	775
prior to the person's, company's, affiliated group's, or	776
organization's completion of the questionnaire and ending on the	777
date on which the department conducts the review, the person,	778
company, affiliated group, or organization has not provided	779
material assistance to any organization that was listed on the	780
United States department of state terrorist exclusion list or,	781
regarding any time during that period during which that terrorist	782
exclusion list was not in existence, to any organization that was	783
involved in any activity or conduct that would have merited the	784
inclusion of the organization on that list had it been in	785
existence at that time;	786

(3) That it is unlikely that, in the future, the person,	787
company, affiliated group, or organization will provide material	788
assistance to any organization that is listed on the United States	789
department of state terrorist exclusion list;	790

(4) That the person, company, affiliated group, or	791
organization does not pose a risk to the residents of the state.	792

(E)(1) Any person, company, affiliated group, or	793
organization, and any person who holds, owns, or otherwise has a	794
controlling interest in a company, affiliated group, or	795
organization, that conducts any business with or receives funding	796
in an amount greater than twenty-five thousand dollars annually	797
from the state, an instrumentality of the state, or a political	798
subdivision of the state, not including any amount of a personal	799
benefit, shall first certify that the person, company, affiliated	800
group, or organization does not provide material assistance to any	801
organization on the United States department of state terrorist	802
exclusion list. The certification may be made by the completion of	803
the questionnaire provided under division (A) of this section, in	804
accordance with that division.	805

(2) Any person, company, affiliated group, or organization,	806
and any person who holds, owns, or otherwise has a controlling	807
interest in a company, affiliated group, or organization, that	808
conducts any business with or receives funding from the state, an	809
instrumentality of the state, or a political subdivision of the	810
state that makes a false certification that it does not provide	811
material assistance to any organization listed on the United	812
States department of state terrorist exclusion list shall be	813
permanently banned from conducting business with or receiving	814
funding from the state, an instrumentality of the state, or a	815
political subdivision of the state and is guilty of a misdemeanor	816
of the first degree.	817

(F) Division (B) of this section does not apply to any	818
investment in any company that is publicly traded in any United	819
States market and does not prohibit, limit, or restrict a state	820
instrumentality or political subdivision of this state from	821
investing in any company that is publicly traded in any United	822
States market. The investment by the state, an instrumentality of	823
the state, or a political subdivision of the state in a company	824
that is publicly traded in any United States market shall not be	825
considered for purposes of division (C) of this section as the	826
state, the instrumentality, or the political subdivision	827
conducting business with or providing funding to the company.	828

(G) As used in this section, "personal benefit" means money,	829
goods, services, or other things of value provided by the United	830
States, the state, or a political subdivision of the state to	831
which the recipient is entitled by reason of age, medical	832
condition, or financial need by an act of congress or by	833
regulations adopted pursuant to an act of congress.	834

Sec. 2909.34.  (A) The director of public safety shall	835
develop a questionnaire to be used for purposes of this section by	836
the state, instrumentalities of the state, and political	837
subdivisions of the state in determining whether any potential	838
employee has provided material assistance to an organization that	839
is listed on the United States department of state terrorist	840
exclusion list. The questionnaire required under this division	841
shall be substantially in the form set forth in division (A)(2)(b)	842
of section 2909.32 of the Revised Code, shall include the	843
questions described in that division and the associated spaces for	844
answering the questions, and shall be made available to the state,	845
instrumentalities of the state, and political subdivisions of the	846
state. The director also shall make available to the state,	847
instrumentalities of the state, and political subdivisions of the	848
state a then-current copy of the United States department of state	849
terrorist exclusion list. The questionnaire and a then-current	850
copy of the United States department of state terrorist exclusion	851
list shall be provided to each person under final consideration	852
for employment with the state, a state instrumentality, or a	853
political subdivision before the person is employed by the state,	854
instrumentality, or political subdivision.	855

(B) Each person under final consideration for employment with	856
the state, a state instrumentality, or a political subdivision of	857
the state who is provided a copy of the questionnaire under	858
division (A) of this section shall complete the questionnaire, and	859
any answer of "yes" to any of the questions shall be considered a	860
disclosure by the person that the person has provided material	861
assistance to an organization that is listed on the United States	862
department of state terrorist exclusion list.	863

(C) Subject to division (D) of this section, if a person	864
under final consideration for employment with the state, a state	865
instrumentality, or a political subdivision of the state discloses	866
on the questionnaire provided under division (A) of this section	867
the provision of material assistance to an organization that is	868
listed on the United States department of state terrorist	869
exclusion list, the state, state instrumentality, or political	870
subdivision shall not employ the person.	871

(D) The department of public safety, upon the request of a	872
person who has been denied employment under division (C) of this	873
section, shall review within thirty days of the request the denial	874
of employment and shall void the denial required under division	875
(C) of this section for good cause if the department determines	876
all of the following:	877

(1) Either of the following:

878

(a) That the person's provision of material assistance to the	879
organization that is listed on the United States department of	880
state terrorist exclusion list that was disclosed in the	881
questionnaire occurred more than ten years prior to the person's	882
completion of the questionnaire;	883

(b) That, at the time of the person's provision of material	884
assistance to the organization that is listed on the United States	885
department of state terrorist exclusion list that was disclosed in	886
the application, the organization was not on that terrorist	887
exclusion list if the list was in existence at that time or, if	888
the list was not in existence at that time, the organization was	889
not involved in any activity or conduct that would have merited	890
the inclusion of the organization on that list had it been in	891
existence at that time.	892

(2) That, within the period commencing on the date ten years	893
prior to the person's completion of the questionnaire and ending	894
on the date on which the department conducts the review, the	895
person has not provided material assistance to any organization	896
that was listed on the United States department of state terrorist	897
exclusion list or, regarding any time during that period during	898
which that terrorist exclusion list was not in existence, to any	899
organization that was involved in any activity or conduct that	900
would have merited the inclusion of the organization on that list	901
had it been in existence at that time;	902

(3) That it is unlikely that, in the future, the person will	903
provide material assistance to any organization that is listed on	904
the United States department of state terrorist exclusion list;	905

(4) That the person does not pose a risk to the residents of	906
the state.	907

Sec. 2921.29.  (A) No person who is in a public place shall	908
refuse to disclose the person's name, address, or date of birth,	909
when requested by a law enforcement officer who reasonably	910
suspects either of the following:	911

(1) The person is committing, has committed, or is about to	912
commit a criminal offense.	913

(2) The person witnessed any of the following:

914

(a) An offense of violence that would constitute a felony	915
under the laws of this state;	916

(b) A felony offense that causes or results in, or creates a	917
substantial risk of, serious physical harm to another person or to	918
property;	919

(c) Any attempt or conspiracy to commit, or complicity in	920
committing, any offense identified in division (A)(2)(a) or (b) of	921
this section;	922

(d) Any conduct reasonably indicating that any offense	923
identified in division (A)(2)(a) or (b) of this section or any	924
attempt, conspiracy, or complicity described in division (A)(2)(c)	925
of this section has been, is being, or is about to be committed.	926

(B) Whoever violates this section is guilty of failure to	927
disclose one's personal information, a misdemeanor of the fourth	928
degree.	929

(C) Nothing in this section requires a person to answer any	930
questions beyond that person's name, address, or date of birth.	931
Nothing in this section authorizes a law enforcement officer to	932
arrest a person for not providing any information beyond that	933
person's name, address, or date of birth.	934

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	935
Revised Code:	936

(A) "Beneficial interest" means any of the following:

937

(1) The interest of a person as a beneficiary under a trust	938
in which the trustee holds title to personal or real property;	939

(2) The interest of a person as a beneficiary under any other	940
trust arrangement under which any other person holds title to	941
personal or real property for the benefit of such person;	942

(3) The interest of a person under any other form of express	943
fiduciary arrangement under which any other person holds title to	944
personal or real property for the benefit of such person.	945

"Beneficial interest" does not include the interest of a	946
stockholder in a corporation or the interest of a partner in	947
either a general or limited partnership.	948

(B) "Costs of investigation and prosecution" and "costs of	949
investigation and litigation" mean all of the costs incurred by	950
the state or a county or municipal corporation under sections	951
2923.31 to 2923.36 of the Revised Code in the prosecution and	952
investigation of any criminal action or in the litigation and	953
investigation of any civil action, and includes, but is not	954
limited to, the costs of resources and personnel.	955

(C) "Enterprise" includes any individual, sole	956
proprietorship, partnership, limited partnership, corporation,	957
trust, union, government agency, or other legal entity, or any	958
organization, association, or group of persons associated in fact	959
although not a legal entity. "Enterprise" includes illicit as well	960
as licit enterprises.	961

(D) "Innocent person" includes any bona fide purchaser of	962
property that is allegedly involved in a violation of section	963
2923.32 of the Revised Code, including any person who establishes	964
a valid claim to or interest in the property in accordance with	965
division (E) of section 2923.32 of the Revised Code, and any	966
victim of an alleged violation of that section or of any	967
underlying offense involved in an alleged violation of that	968
section.	969

(E) "Pattern of corrupt activity" means two or more incidents	970
of corrupt activity, whether or not there has been a prior	971
conviction, that are related to the affairs of the same	972
enterprise, are not isolated, and are not so closely related to	973
each other and connected in time and place that they constitute a	974
single event.	975

At least one of the incidents forming the pattern shall occur	976
on or after January 1, 1986. Unless any incident was an aggravated	977
murder or murder, the last of the incidents forming the pattern	978
shall occur within six years after the commission of any prior	979
incident forming the pattern, excluding any period of imprisonment	980
served by any person engaging in the corrupt activity.	981

For the purposes of the criminal penalties that may be	982
imposed pursuant to section 2923.32 of the Revised Code, at least	983
one of the incidents forming the pattern shall constitute a felony	984
under the laws of this state in existence at the time it was	985
committed or, if committed in violation of the laws of the United	986
States or of any other state, shall constitute a felony under the	987
law of the United States or the other state and would be a	988
criminal offense under the law of this state if committed in this	989
state.	990

(F) "Pecuniary value" means money, a negotiable instrument, a	991
commercial interest, or anything of value, as defined in section	992
1.03 of the Revised Code, or any other property or service that	993
has a value in excess of one hundred dollars.	994

(G) "Person" means any person, as defined in section 1.59 of	995
the Revised Code, and any governmental officer, employee, or	996
entity.	997

(H) "Personal property" means any personal property, any	998
interest in personal property, or any right, including, but not	999
limited to, bank accounts, debts, corporate stocks, patents, or	1000
copyrights. Personal property and any beneficial interest in	1001
personal property are deemed to be located where the trustee of	1002
the property, the personal property, or the instrument evidencing	1003
the right is located.	1004

(I) "Corrupt activity" means engaging in, attempting to	1005
engage in, conspiring to engage in, or soliciting, coercing, or	1006
intimidating another person to engage in any of the following:	1007

(1) Conduct defined as "racketeering activity" under the	1008
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	1009
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	1010

(2) Conduct constituting any of the following:

1011

(a) A violation of section 1315.55, 1322.02, 2903.01,	1012
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	1013
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	1014
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	1015
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	1016
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	1017
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	1018
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	1019
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	1020
section 1707.44; division (A)(1) or (2) of section 2923.20;	1021
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	1022
4719.06; division (C), (D), or (E) of section 4719.07; section	1023
4719.08; or division (A) of section 4719.09 of the Revised Code.	1024

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	1025
3769.19 of the Revised Code as it existed prior to July 1, 1996,	1026
any violation of section 2915.02 of the Revised Code that occurs	1027
on or after July 1, 1996, and that, had it occurred prior to that	1028
date, would have been a violation of section 3769.11 of the	1029
Revised Code as it existed prior to that date, or any violation of	1030
section 2915.05 of the Revised Code that occurs on or after July	1031
1, 1996, and that, had it occurred prior to that date, would have	1032
been a violation of section 3769.15, 3769.16, or 3769.19 of the	1033
Revised Code as it existed prior to that date.	1034

(c) Any violation of section 2907.21, 2907.22, 2907.31,	1035
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	1036
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	1037
of the Revised Code, any violation of section 2925.11 of the	1038
Revised Code that is a felony of the first, second, third, or	1039
fourth degree and that occurs on or after July 1, 1996, any	1040
violation of section 2915.02 of the Revised Code that occurred	1041
prior to July 1, 1996, any violation of section 2915.02 of the	1042
Revised Code that occurs on or after July 1, 1996, and that, had	1043
it occurred prior to that date, would not have been a violation of	1044
section 3769.11 of the Revised Code as it existed prior to that	1045
date, any violation of section 2915.06 of the Revised Code as it	1046
existed prior to July 1, 1996, or any violation of division (B) of	1047
section 2915.05 of the Revised Code as it exists on and after July	1048
1, 1996, when the proceeds of the violation, the payments made in	1049
the violation, the amount of a claim for payment or for any other	1050
benefit that is false or deceptive and that is involved in the	1051
violation, or the value of the contraband or other property	1052
illegally possessed, sold, or purchased in the violation exceeds	1053
five hundred dollars, or any combination of violations described	1054
in division (I)(2)(c) of this section when the total proceeds of	1055
the combination of violations, payments made in the combination of	1056
violations, amount of the claims for payment or for other benefits	1057
that is false or deceptive and that is involved in the combination	1058
of violations, or value of the contraband or other property	1059
illegally possessed, sold, or purchased in the combination of	1060
violations exceeds five hundred dollars;	1061

(d) Any violation of section 5743.112 of the Revised Code	1062
when the amount of unpaid tax exceeds one hundred dollars;	1063

(e) Any violation or combination of violations of section	1064
2907.32 of the Revised Code involving any material or performance	1065
containing a display of bestiality or of sexual conduct, as	1066
defined in section 2907.01 of the Revised Code, that is explicit	1067
and depicted with clearly visible penetration of the genitals or	1068
clearly visible penetration by the penis of any orifice when the	1069
total proceeds of the violation or combination of violations, the	1070
payments made in the violation or combination of violations, or	1071
the value of the contraband or other property illegally possessed,	1072
sold, or purchased in the violation or combination of violations	1073
exceeds five hundred dollars;	1074

(f) Any combination of violations described in division	1075
(I)(2)(c) of this section and violations of section 2907.32 of the	1076
Revised Code involving any material or performance containing a	1077
display of bestiality or of sexual conduct, as defined in section	1078
2907.01 of the Revised Code, that is explicit and depicted with	1079
clearly visible penetration of the genitals or clearly visible	1080
penetration by the penis of any orifice when the total proceeds of	1081
the combination of violations, payments made in the combination of	1082
violations, amount of the claims for payment or for other benefits	1083
that is false or deceptive and that is involved in the combination	1084
of violations, or value of the contraband or other property	1085
illegally possessed, sold, or purchased in the combination of	1086
violations exceeds five hundred dollars.	1087

(3) Conduct constituting a violation of any law of any state	1088
other than this state that is substantially similar to the conduct	1089
described in division (I)(2) of this section, provided the	1090
defendant was convicted of the conduct in a criminal proceeding in	1091
the other state;	1092

(4) Animal or ecological terrorism.

1093

(J) "Real property" means any real property or any interest	1094
in real property, including, but not limited to, any lease of, or	1095
mortgage upon, real property. Real property and any beneficial	1096
interest in it is deemed to be located where the real property is	1097
located.	1098

(K) "Trustee" means any of the following:

1099

(1) Any person acting as trustee under a trust in which the	1100
trustee holds title to personal or real property;	1101

(2) Any person who holds title to personal or real property	1102
for which any other person has a beneficial interest;	1103

(3) Any successor trustee.

1104

"Trustee" does not include an assignee or trustee for an	1105
insolvent debtor or an executor, administrator, administrator with	1106
the will annexed, testamentary trustee, guardian, or committee,	1107
appointed by, under the control of, or accountable to a court.	1108

(L) "Unlawful debt" means any money or other thing of value	1109
constituting principal or interest of a debt that is legally	1110
unenforceable in this state in whole or in part because the debt	1111
was incurred or contracted in violation of any federal or state	1112
law relating to the business of gambling activity or relating to	1113
the business of lending money at an usurious rate unless the	1114
creditor proves, by a preponderance of the evidence, that the	1115
usurious rate was not intentionally set and that it resulted from	1116
a good faith error by the creditor, notwithstanding the	1117
maintenance of procedures that were adopted by the creditor to	1118
avoid an error of that nature.	1119

(M) "Animal activity" means any activity that involves the	1120
use of animals or animal parts, including, but not limited to,	1121
hunting, fishing, trapping, traveling, camping, the production,	1122
preparation, or processing of food or food products, clothing or	1123
garment manufacturing, medical research, other research,	1124
entertainment, recreation, agriculture, biotechnology, or service	1125
activity that involves the use of animals or animal parts.	1126

(N) "Animal facility" means a vehicle, building, structure,	1127
nature preserve, or other premises in which an animal is lawfully	1128
kept, handled, housed, exhibited, bred, or offered for sale,	1129
including, but not limited to, a zoo, rodeo, circus, amusement	1130
park, hunting preserve, or premises in which a horse or dog event	1131
is held.	1132

(O) "Animal or ecological terrorism" means the commission of	1133
any felony that involves causing or creating a substantial risk of	1134
physical harm to any property of another, the use of a deadly	1135
weapon or dangerous ordnance, or purposely, knowingly, or	1136
recklessly causing serious physical harm to property and that	1137
involves an intent to obstruct, impede, or deter any person from	1138
participating in a lawful animal activity, from mining, foresting,	1139
harvesting, gathering, or processing natural resources, or from	1140
being lawfully present in or on an animal facility or research	1141
facility.	1142

(P) "Research facility" means a place, laboratory,	1143
institution, medical care facility, government facility, or public	1144
or private educational institution in which a scientific test,	1145
experiment, or investigation involving the use of animals or other	1146
living organisms is lawfully carried out, conducted, or attempted.	1147

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	1148
Revised Code:	1149

(A) "Wire communication" means an aural transfer that is made	1150
in whole or in part through the use of facilities for the	1151
transmission of communications by the aid of wires or similar	1152
methods of connecting the point of origin of the communication and	1153
the point of reception of the communication, including the use of	1154
a method of connecting the point of origin and the point of	1155
reception of the communication in a switching station, if the	1156
facilities are furnished or operated by a person engaged in	1157
providing or operating the facilities for the transmission of	1158
communications. "Wire communication" includes an electronic	1159
storage of a wire communication.	1160

(B) "Oral communication" means an oral communication uttered	1161
by a person exhibiting an expectation that the communication is	1162
not subject to interception under circumstances justifying that	1163
expectation. "Oral communication" does not include an electronic	1164
communication.	1165

(C) "Intercept" means the aural or other acquisition of the	1166
contents of any wire, oral, or electronic communication through	1167
the use of an interception device.	1168

(D) "Interception device" means an electronic, mechanical, or	1169
other device or apparatus that can be used to intercept a wire,	1170
oral, or electronic communication. "Interception device" does not	1171
mean any of the following:	1172

(1) A telephone or telegraph instrument, equipment, or	1173
facility, or any of its components, if the instrument, equipment,	1174
facility, or component is any of the following:	1175

(a) Furnished to the subscriber or user by a provider of wire	1176
or electronic communication service in the ordinary course of its	1177
business and being used by the subscriber or user in the ordinary	1178
course of its business;	1179

(b) Furnished by a subscriber or user for connection to the	1180
facilities of a provider of wire or electronic communication	1181
service and used in the ordinary course of that subscriber's or	1182
user's business;	1183

(c) Being used by a provider of wire or electronic	1184
communication service in the ordinary course of its business or by	1185
an investigative or law enforcement officer in the ordinary course	1186
of the officer's duties that do not involve the interception of	1187
wire, oral, or electronic communications.	1188

(2) A hearing aid or similar device being used to correct	1189
subnormal hearing to not better than normal.	1190

(E) "Investigative officer" means any of the following:

1191

(1) An officer of this state or a political subdivision of	1192
this state, who is empowered by law to conduct investigations or	1193
to make arrests for a designated offense;	1194

(2) A person described in divisions (A)(11)(a) and (b) of	1195
section 2901.01 of the Revised Code;	1196

(3) An attorney authorized by law to prosecute or participate	1197
in the prosecution of a designated offense;	1198

(4) A secret service officer appointed pursuant to section	1199
309.07 of the Revised Code;	1200

(5) An officer of the United States, a state, or a political	1201
subdivision of a state who is authorized to conduct investigations	1202
pursuant to the "Electronic Communications Privacy Act of 1986,"	1203
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	1204

(F) "Interception warrant" means a court order that	1205
authorizes the interception of wire, oral, or electronic	1206
communications and that is issued pursuant to sections 2933.53 to	1207
2933.56 of the Revised Code.	1208

(G) "Contents," when used with respect to a wire, oral, or	1209
electronic communication, includes any information concerning the	1210
substance, purport, or meaning of the communication.	1211

(H) "Communications common carrier" means a person who is	1212
engaged as a common carrier for hire in intrastate, interstate, or	1213
foreign communications by wire, radio, or radio transmission of	1214
energy. "Communications common carrier" does not include, to the	1215
extent that the person is engaged in radio broadcasting, a person	1216
engaged in radio broadcasting.	1217

(I) "Designated offense" means any of the following:

1218

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	1219
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,	1220
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	1221
2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02,	1222
2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, 2915.02,	1223
2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, 2921.32,	1224
2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 2925.06	1225
or of division (B) of section 2915.05 of the Revised Code;	1226

(2) A violation of section 2919.23 of the Revised Code that,	1227
had it occurred prior to July 1, 1996, would have been a violation	1228
of section 2905.04 of the Revised Code as it existed prior to that	1229
date;	1230

(3) A felony violation of section 2925.11 of the Revised Code	1231
that is not a minor drug possession offense, as defined in section	1232
2925.01 of the Revised Code;	1233

(4) Complicity in the commission of a felony violation of a	1234
section listed in division (I)(1), (2), or (3) of this section;	1235

(5) An attempt to commit, or conspiracy in the commission of,	1236
a felony violation of a section listed in division (I)(1), (2), or	1237
(3) of this section, if the attempt or conspiracy is punishable by	1238
a term of imprisonment of more than one year.	1239

(J) "Aggrieved person" means a person who was a party to an	1240
intercepted wire, oral, or electronic communication or a person	1241
against whom the interception of the communication was directed.	1242

(K) "Person" means a person, as defined in section 1.59 of	1243
the Revised Code, or a governmental officer, employee, or entity.	1244

(L) "Special need" means a showing that a licensed physician,	1245
licensed practicing psychologist, attorney, practicing cleric,	1246
journalist, or either spouse is personally engaging in continuing	1247
criminal activity, was engaged in continuing criminal activity	1248
over a period of time, or is committing, has committed, or is	1249
about to commit, a designated offense, or a showing that specified	1250
public facilities are being regularly used by someone who is	1251
personally engaging in continuing criminal activity, was engaged	1252
in continuing criminal activity over a period of time, or is	1253
committing, has committed, or is about to commit, a designated	1254
offense.	1255

(M) "Journalist" means a person engaged in, connected with,	1256
or employed by, any news media, including a newspaper, magazine,	1257
press association, news agency, or wire service, a radio or	1258
television station, or a similar media, for the purpose of	1259
gathering, processing, transmitting, compiling, editing, or	1260
disseminating news for the general public.	1261

(N) "Electronic communication" means a transfer of a sign,	1262
signal, writing, image, sound, datum, or intelligence of any	1263
nature that is transmitted in whole or in part by a wire, radio,	1264
electromagnetic, photoelectronic, or photo-optical system.	1265
"Electronic communication" does not mean any of the following:	1266

(1) A wire or oral communication;

1267

(2) A communication made through a tone-only paging device;

1268

(3) A communication from an electronic or mechanical tracking	1269
device that permits the tracking of the movement of a person or	1270
object.	1271

(O) "User" means a person or entity that uses an electronic	1272
communication service and is duly authorized by the provider of	1273
the service to engage in the use of the electronic communication	1274
service.	1275

(P) "Electronic communications system" means a wire, radio,	1276
electromagnetic, photoelectronic, or photo-optical facility for	1277
the transmission of electronic communications, and a computer	1278
facility or related electronic equipment for the electronic	1279
storage of electronic communications.	1280

(Q) "Electronic communication service" means a service that	1281
provides to users of the service the ability to send or receive	1282
wire or electronic communications.	1283

(R) "Readily accessible to the general public" means, with	1284
respect to a radio communication, that the communication is none	1285
of the following:	1286

(1) Scrambled or encrypted;

1287

(2) Transmitted using a modulation technique, the essential	1288
parameters of which have been withheld from the public with the	1289
intention of preserving the privacy of the communication;	1290

(3) Carried on a subcarrier or other signal subsidiary to a	1291
radio transmission;	1292

(4) Transmitted over a communications system provided by a	1293
communications common carrier, unless the communication is a	1294
tone-only paging system communication;	1295

(5) Transmitted on a frequency allocated under part 25,	1296
subpart D, E, or F of part 74, or part 94 of the Rules of the	1297
Federal Communications Commission, as those provisions existed on	1298
July 1, 1996, unless, in the case of a communication transmitted	1299
on a frequency allocated under part 74 that is not exclusively	1300
allocated to broadcast auxiliary services, the communication is a	1301
two-way voice communication by radio.	1302

(S) "Electronic storage" means a temporary, intermediate	1303
storage of a wire or electronic communication that is incidental	1304
to the electronic transmission of the communication, and a storage	1305
of a wire or electronic communication by an electronic	1306
communication service for the purpose of backup protection of the	1307
communication.	1308

(T) "Aural transfer" means a transfer containing the human	1309
voice at a point between and including the point of origin and the	1310
point of reception.	1311

(U) "Pen register" means a device that records or decodes	1312
electronic impulses that identify the numbers dialed, pulsed, or	1313
otherwise transmitted on telephone lines to which the device is	1314
attached.	1315

(V) "Trap and trace device" means a device that captures the	1316
incoming electronic or other impulses that identify the	1317
originating number of an instrument or device from which a wire	1318
communication or electronic communication was transmitted but that	1319
does not intercept the contents of the wire communication or	1320
electronic communication.	1321

(W) "Judge of a court of common pleas" means a judge of that	1322
court who is elected or appointed as a judge of general	1323
jurisdiction or as a judge who exercises both general jurisdiction	1324
and probate, domestic relations, or juvenile jurisdiction. "Judge	1325
of a court of common pleas" does not mean a judge of that court	1326
who is elected or appointed specifically as a probate, domestic	1327
relations, or juvenile judge.	1328

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	1329
deputy marshal, municipal police officer, township constable,	1330
police officer of a township or joint township police district,	1331
member of a police force employed by a metropolitan housing	1332
authority under division (D) of section 3735.31 of the Revised	1333
Code, member of a police force employed by a regional transit	1334
authority under division (Y) of section 306.35 of the Revised	1335
Code, state university law enforcement officer appointed under	1336
section 3345.04 of the Revised Code, veterans' home police officer	1337
appointed under section 5907.02 of the Revised Code, special	1338
police officer employed by a port authority under section 4582.04	1339
or 4582.28 of the Revised Code, or a special police officer	1340
employed by a municipal corporation at a municipal airport, or	1341
other municipal air navigation facility, that has scheduled	1342
operations, as defined in section 119.3 of Title 14 of the Code of	1343
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	1344
required to be under a security program and is governed by	1345
aviation security rules of the transportation security	1346
administration of the United States department of transportation	1347
as provided in Parts 1542. and 1544. of Title 49 of the Code of	1348
Federal Regulations, as amended, shall arrest and detain, until a	1349
warrant can be obtained, a person found violating, within the	1350
limits of the political subdivision, metropolitan housing	1351
authority housing project, regional transit authority facilities	1352
or areas of a municipal corporation that have been agreed to by a	1353
regional transit authority and a municipal corporation located	1354
within its territorial jurisdiction, college, university,	1355
veterans' home operated under Chapter 5907. of the Revised Code,	1356
port authority, or municipal airport or other municipal air	1357
navigation facility, in which the peace officer is appointed,	1358
employed, or elected, a law of this state, an ordinance of a	1359
municipal corporation, or a resolution of a township.	1360

(2) A peace officer of the department of natural resources or	1361
an individual designated to perform law enforcement duties under	1362
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	1363
arrest and detain, until a warrant can be obtained, a person found	1364
violating, within the limits of the peace officer's or	1365
individual's territorial jurisdiction, a law of this state.	1366

(3) The house sergeant at arms if the house sergeant at arms	1367
has arrest authority pursuant to division (E)(1) of section	1368
101.311 of the Revised Code and an assistant house sergeant at	1369
arms shall arrest and detain, until a warrant can be obtained, a	1370
person found violating, within the limits of the sergeant at	1371
arms's or assistant sergeant at arms's territorial jurisdiction	1372
specified in division (D)(1)(a) of section 101.311 of the Revised	1373
Code or while providing security pursuant to division (D)(1)(f) of	1374
section 101.311 of the Revised Code, a law of this state, an	1375
ordinance of a municipal corporation, or a resolution of a	1376
township.	1377

(B)(1) When there is reasonable ground to believe that an	1378
offense of violence, the offense of criminal child enticement as	1379
defined in section 2905.05 of the Revised Code, the offense of	1380
public indecency as defined in section 2907.09 of the Revised	1381
Code, the offense of domestic violence as defined in section	1382
2919.25 of the Revised Code, the offense of violating a protection	1383
order as defined in section 2919.27 of the Revised Code, the	1384
offense of menacing by stalking as defined in section 2903.211 of	1385
the Revised Code, the offense of aggravated trespass as defined in	1386
section 2911.211 of the Revised Code, a theft offense as defined	1387
in section 2913.01 of the Revised Code, or a felony drug abuse	1388
offense as defined in section 2925.01 of the Revised Code, has	1389
been committed within the limits of the political subdivision,	1390
metropolitan housing authority housing project, regional transit	1391
authority facilities or those areas of a municipal corporation	1392
that have been agreed to by a regional transit authority and a	1393
municipal corporation located within its territorial jurisdiction,	1394
college, university, veterans' home operated under Chapter 5907.	1395
of the Revised Code, port authority, or municipal airport or other	1396
municipal air navigation facility, in which the peace officer is	1397
appointed, employed, or elected or within the limits of the	1398
territorial jurisdiction of the peace officer, a peace officer	1399
described in division (A) of this section may arrest and detain	1400
until a warrant can be obtained any person who the peace officer	1401
has reasonable cause to believe is guilty of the violation.	1402

(2) For purposes of division (B)(1) of this section, the	1403
execution of any of the following constitutes reasonable ground to	1404
believe that the offense alleged in the statement was committed	1405
and reasonable cause to believe that the person alleged in the	1406
statement to have committed the offense is guilty of the	1407
violation:	1408

(a) A written statement by a person alleging that an alleged	1409
offender has committed the offense of menacing by stalking or	1410
aggravated trespass;	1411

(b) A written statement by the administrator of the	1412
interstate compact on mental health appointed under section	1413
5119.51 of the Revised Code alleging that a person who had been	1414
hospitalized, institutionalized, or confined in any facility under	1415
an order made pursuant to or under authority of section 2945.37,	1416
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1417
Revised Code has escaped from the facility, from confinement in a	1418
vehicle for transportation to or from the facility, or from	1419
supervision by an employee of the facility that is incidental to	1420
hospitalization, institutionalization, or confinement in the	1421
facility and that occurs outside of the facility, in violation of	1422
section 2921.34 of the Revised Code;	1423

(c) A written statement by the administrator of any facility	1424
in which a person has been hospitalized, institutionalized, or	1425
confined under an order made pursuant to or under authority of	1426
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1427
2945.402 of the Revised Code alleging that the person has escaped	1428
from the facility, from confinement in a vehicle for	1429
transportation to or from the facility, or from supervision by an	1430
employee of the facility that is incidental to hospitalization,	1431
institutionalization, or confinement in the facility and that	1432
occurs outside of the facility, in violation of section 2921.34 of	1433
the Revised Code.	1434

(3)(a) For purposes of division (B)(1) of this section, a	1435
peace officer described in division (A) of this section has	1436
reasonable grounds to believe that the offense of domestic	1437
violence or the offense of violating a protection order has been	1438
committed and reasonable cause to believe that a particular person	1439
is guilty of committing the offense if any of the following	1440
occurs:	1441

(i) A person executes a written statement alleging that the	1442
person in question has committed the offense of domestic violence	1443
or the offense of violating a protection order against the person	1444
who executes the statement or against a child of the person who	1445
executes the statement.	1446

(ii) No written statement of the type described in division	1447
(B)(3)(a)(i) of this section is executed, but the peace officer,	1448
based upon the peace officer's own knowledge and observation of	1449
the facts and circumstances of the alleged incident of the offense	1450
of domestic violence or the alleged incident of the offense of	1451
violating a protection order or based upon any other information,	1452
including, but not limited to, any reasonably trustworthy	1453
information given to the peace officer by the alleged victim of	1454
the alleged incident of the offense or any witness of the alleged	1455
incident of the offense, concludes that there are reasonable	1456
grounds to believe that the offense of domestic violence or the	1457
offense of violating a protection order has been committed and	1458
reasonable cause to believe that the person in question is guilty	1459
of committing the offense.	1460

(iii) No written statement of the type described in division	1461
(B)(3)(a)(i) of this section is executed, but the peace officer	1462
witnessed the person in question commit the offense of domestic	1463
violence or the offense of violating a protection order.	1464

(b) If pursuant to division (B)(3)(a) of this section a peace	1465
officer has reasonable grounds to believe that the offense of	1466
domestic violence or the offense of violating a protection order	1467
has been committed and reasonable cause to believe that a	1468
particular person is guilty of committing the offense, it is the	1469
preferred course of action in this state that the officer arrest	1470
and detain that person pursuant to division (B)(1) of this section	1471
until a warrant can be obtained.	1472

If pursuant to division (B)(3)(a) of this section a peace	1473
officer has reasonable grounds to believe that the offense of	1474
domestic violence or the offense of violating a protection order	1475
has been committed and reasonable cause to believe that family or	1476
household members have committed the offense against each other,	1477
it is the preferred course of action in this state that the	1478
officer, pursuant to division (B)(1) of this section, arrest and	1479
detain until a warrant can be obtained the family or household	1480
member who committed the offense and whom the officer has	1481
reasonable cause to believe is the primary physical aggressor.	1482
There is no preferred course of action in this state regarding any	1483
other family or household member who committed the offense and	1484
whom the officer does not have reasonable cause to believe is the	1485
primary physical aggressor, but, pursuant to division (B)(1) of	1486
this section, the peace officer may arrest and detain until a	1487
warrant can be obtained any other family or household member who	1488
committed the offense and whom the officer does not have	1489
reasonable cause to believe is the primary physical aggressor.	1490

(c) If a peace officer described in division (A) of this	1491
section does not arrest and detain a person whom the officer has	1492
reasonable cause to believe committed the offense of domestic	1493
violence or the offense of violating a protection order when it is	1494
the preferred course of action in this state pursuant to division	1495
(B)(3)(b) of this section that the officer arrest that person, the	1496
officer shall articulate in the written report of the incident	1497
required by section 2935.032 of the Revised Code a clear statement	1498
of the officer's reasons for not arresting and detaining that	1499
person until a warrant can be obtained.	1500

(d) In determining for purposes of division (B)(3)(b) of this	1501
section which family or household member is the primary physical	1502
aggressor in a situation in which family or household members have	1503
committed the offense of domestic violence or the offense of	1504
violating a protection order against each other, a peace officer	1505
described in division (A) of this section, in addition to any	1506
other relevant circumstances, should consider all of the	1507
following:	1508

(i) Any history of domestic violence or of any other violent	1509
acts by either person involved in the alleged offense that the	1510
officer reasonably can ascertain;	1511

(ii) If violence is alleged, whether the alleged violence was	1512
caused by a person acting in self-defense;	1513

(iii) Each person's fear of physical harm, if any, resulting	1514
from the other person's threatened use of force against any person	1515
or resulting from the other person's use or history of the use of	1516
force against any person, and the reasonableness of that fear;	1517

(iv) The comparative severity of any injuries suffered by the	1518
persons involved in the alleged offense.	1519

(e)(i) A peace officer described in division (A) of this	1520
section shall not require, as a prerequisite to arresting or	1521
charging a person who has committed the offense of domestic	1522
violence or the offense of violating a protection order, that the	1523
victim of the offense specifically consent to the filing of	1524
charges against the person who has committed the offense or sign a	1525
complaint against the person who has committed the offense.	1526

(ii) If a person is arrested for or charged with committing	1527
the offense of domestic violence or the offense of violating a	1528
protection order and if the victim of the offense does not	1529
cooperate with the involved law enforcement or prosecuting	1530
authorities in the prosecution of the offense or, subsequent to	1531
the arrest or the filing of the charges, informs the involved law	1532
enforcement or prosecuting authorities that the victim does not	1533
wish the prosecution of the offense to continue or wishes to drop	1534
charges against the alleged offender relative to the offense, the	1535
involved prosecuting authorities, in determining whether to	1536
continue with the prosecution of the offense or whether to dismiss	1537
charges against the alleged offender relative to the offense and	1538
notwithstanding the victim's failure to cooperate or the victim's	1539
wishes, shall consider all facts and circumstances that are	1540
relevant to the offense, including, but not limited to, the	1541
statements and observations of the peace officers who responded to	1542
the incident that resulted in the arrest or filing of the charges	1543
and of all witnesses to that incident.	1544

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	1545
this section whether to arrest a person pursuant to division	1546
(B)(1) of this section, a peace officer described in division (A)	1547
of this section shall not consider as a factor any possible	1548
shortage of cell space at the detention facility to which the	1549
person will be taken subsequent to the person's arrest or any	1550
possibility that the person's arrest might cause, contribute to,	1551
or exacerbate overcrowding at that detention facility or at any	1552
other detention facility.	1553

(g) If a peace officer described in division (A) of this	1554
section intends pursuant to divisions (B)(3)(a) to (g) of this	1555
section to arrest a person pursuant to division (B)(1) of this	1556
section and if the officer is unable to do so because the person	1557
is not present, the officer promptly shall seek a warrant for the	1558
arrest of the person.	1559

(h) If a peace officer described in division (A) of this	1560
section responds to a report of an alleged incident of the offense	1561
of domestic violence or an alleged incident of the offense of	1562
violating a protection order and if the circumstances of the	1563
incident involved the use or threatened use of a deadly weapon or	1564
any person involved in the incident brandished a deadly weapon	1565
during or in relation to the incident, the deadly weapon that was	1566
used, threatened to be used, or brandished constitutes contraband,	1567
and, to the extent possible, the officer shall seize the deadly	1568
weapon as contraband pursuant to section 2933.43 of the Revised	1569
Code. Upon the seizure of a deadly weapon pursuant to division	1570
(B)(3)(h) of this section, section 2933.43 of the Revised Code	1571
shall apply regarding the treatment and disposition of the deadly	1572
weapon. For purposes of that section, the "underlying criminal	1573
offense" that was the basis of the seizure of a deadly weapon	1574
under division (B)(3)(h) of this section and to which the deadly	1575
weapon had a relationship is any of the following that is	1576
applicable:	1577

(i) The alleged incident of the offense of domestic violence	1578
or the alleged incident of the offense of violating a protection	1579
order to which the officer who seized the deadly weapon responded;	1580

(ii) Any offense that arose out of the same facts and	1581
circumstances as the report of the alleged incident of the offense	1582
of domestic violence or the alleged incident of the offense of	1583
violating a protection order to which the officer who seized the	1584
deadly weapon responded.	1585

(4) If, in the circumstances described in divisions (B)(3)(a)	1586
to (g) of this section, a peace officer described in division (A)	1587
of this section arrests and detains a person pursuant to division	1588
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	1589
this section, a peace officer described in division (A) of this	1590
section seizes a deadly weapon, the officer, to the extent	1591
described in and in accordance with section 9.86 or 2744.03 of the	1592
Revised Code, is immune in any civil action for damages for	1593
injury, death, or loss to person or property that arises from or	1594
is related to the arrest and detention or the seizure.	1595

(C) When there is reasonable ground to believe that a	1596
violation of division (A)(1), (2), or (3) of section 4506.15 or a	1597
violation of section 4511.19 of the Revised Code has been	1598
committed by a person operating a motor vehicle subject to	1599
regulation by the public utilities commission of Ohio under Title	1600
XLIX of the Revised Code, a peace officer with authority to	1601
enforce that provision of law may stop or detain the person whom	1602
the officer has reasonable cause to believe was operating the	1603
motor vehicle in violation of the division or section and, after	1604
investigating the circumstances surrounding the operation of the	1605
vehicle, may arrest and detain the person.	1606

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	1607
municipal police officer, member of a police force employed by a	1608
metropolitan housing authority under division (D) of section	1609
3735.31 of the Revised Code, member of a police force employed by	1610
a regional transit authority under division (Y) of section 306.35	1611
of the Revised Code, special police officer employed by a port	1612
authority under section 4582.04 or 4582.28 of the Revised Code,	1613
special police officer employed by a municipal corporation at a	1614
municipal airport or other municipal air navigation facility	1615
described in division (A) of this section, township constable,	1616
police officer of a township or joint township police district,	1617
state university law enforcement officer appointed under section	1618
3345.04 of the Revised Code, peace officer of the department of	1619
natural resources, individual designated to perform law	1620
enforcement duties under section 511.232, 1545.13, or 6101.75 of	1621
the Revised Code, the house sergeant at arms if the house sergeant	1622
at arms has arrest authority pursuant to division (E)(1) of	1623
section 101.311 of the Revised Code, or an assistant house	1624
sergeant at arms is authorized by division (A) or (B) of this	1625
section to arrest and detain, within the limits of the political	1626
subdivision, metropolitan housing authority housing project,	1627
regional transit authority facilities or those areas of a	1628
municipal corporation that have been agreed to by a regional	1629
transit authority and a municipal corporation located within its	1630
territorial jurisdiction, port authority, municipal airport or	1631
other municipal air navigation facility, college, or university in	1632
which the officer is appointed, employed, or elected or within the	1633
limits of the territorial jurisdiction of the peace officer, a	1634
person until a warrant can be obtained, the peace officer, outside	1635
the limits of that territory, may pursue, arrest, and detain that	1636
person until a warrant can be obtained if all of the following	1637
apply:	1638

(1) The pursuit takes place without unreasonable delay after	1639
the offense is committed;	1640

(2) The pursuit is initiated within the limits of the	1641
political subdivision, metropolitan housing authority housing	1642
project, regional transit authority facilities or those areas of a	1643
municipal corporation that have been agreed to by a regional	1644
transit authority and a municipal corporation located within its	1645
territorial jurisdiction, port authority, municipal airport or	1646
other municipal air navigation facility, college, or university in	1647
which the peace officer is appointed, employed, or elected or	1648
within the limits of the territorial jurisdiction of the peace	1649
officer;	1650

(3) The offense involved is a felony, a misdemeanor of the	1651
first degree or a substantially equivalent municipal ordinance, a	1652
misdemeanor of the second degree or a substantially equivalent	1653
municipal ordinance, or any offense for which points are	1654
chargeable pursuant to section 4510.036 of the Revised Code.	1655

(E) In addition to the authority granted under division (A)	1656
or (B) of this section:	1657

(1) A sheriff or deputy sheriff may arrest and detain, until	1658
a warrant can be obtained, any person found violating section	1659
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1660
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1661
portion of any street or highway that is located immediately	1662
adjacent to the boundaries of the county in which the sheriff or	1663
deputy sheriff is elected or appointed.	1664

(2) A member of the police force of a township police	1665
district created under section 505.48 of the Revised Code, a	1666
member of the police force of a joint township police district	1667
created under section 505.481 of the Revised Code, or a township	1668
constable appointed in accordance with section 509.01 of the	1669
Revised Code, who has received a certificate from the Ohio peace	1670
officer training commission under section 109.75 of the Revised	1671
Code, may arrest and detain, until a warrant can be obtained, any	1672
person found violating any section or chapter of the Revised Code	1673
listed in division (E)(1) of this section, other than sections	1674
4513.33 and 4513.34 of the Revised Code, on the portion of any	1675
street or highway that is located immediately adjacent to the	1676
boundaries of the township police district or joint township	1677
police district, in the case of a member of a township police	1678
district or joint township police district police force, or the	1679
unincorporated territory of the township, in the case of a	1680
township constable. However, if the population of the township	1681
that created the township police district served by the member's	1682
police force, or the townships that created the joint township	1683
police district served by the member's police force, or the	1684
township that is served by the township constable, is sixty	1685
thousand or less, the member of the township police district or	1686
joint police district police force or the township constable may	1687
not make an arrest under division (E)(2) of this section on a	1688
state highway that is included as part of the interstate system.	1689

(3) A police officer or village marshal appointed, elected,	1690
or employed by a municipal corporation may arrest and detain,	1691
until a warrant can be obtained, any person found violating any	1692
section or chapter of the Revised Code listed in division (E)(1)	1693
of this section on the portion of any street or highway that is	1694
located immediately adjacent to the boundaries of the municipal	1695
corporation in which the police officer or village marshal is	1696
appointed, elected, or employed.	1697

(4) A peace officer of the department of natural resources or	1698
an individual designated to perform law enforcement duties under	1699
section 511.232, 1545.13, or 6101.75 of the Revised Code may	1700
arrest and detain, until a warrant can be obtained, any person	1701
found violating any section or chapter of the Revised Code listed	1702
in division (E)(1) of this section, other than sections 4513.33	1703
and 4513.34 of the Revised Code, on the portion of any street or	1704
highway that is located immediately adjacent to the boundaries of	1705
the lands and waters that constitute the territorial jurisdiction	1706
of the peace officer.	1707

(F)(1) A department of mental health special police officer	1708
or a department of mental retardation and developmental	1709
disabilities special police officer may arrest without a warrant	1710
and detain until a warrant can be obtained any person found	1711
committing on the premises of any institution under the	1712
jurisdiction of the particular department a misdemeanor under a	1713
law of the state.	1714

A department of mental health special police officer or a	1715
department of mental retardation and developmental disabilities	1716
special police officer may arrest without a warrant and detain	1717
until a warrant can be obtained any person who has been	1718
hospitalized, institutionalized, or confined in an institution	1719
under the jurisdiction of the particular department pursuant to or	1720
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1721
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	1722
found committing on the premises of any institution under the	1723
jurisdiction of the particular department a violation of section	1724
2921.34 of the Revised Code that involves an escape from the	1725
premises of the institution.	1726

(2)(a) If a department of mental health special police	1727
officer or a department of mental retardation and developmental	1728
disabilities special police officer finds any person who has been	1729
hospitalized, institutionalized, or confined in an institution	1730
under the jurisdiction of the particular department pursuant to or	1731
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1732
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	1733
violation of section 2921.34 of the Revised Code that involves an	1734
escape from the premises of the institution, or if there is	1735
reasonable ground to believe that a violation of section 2921.34	1736
of the Revised Code has been committed that involves an escape	1737
from the premises of an institution under the jurisdiction of the	1738
department of mental health or the department of mental	1739
retardation and developmental disabilities and if a department of	1740
mental health special police officer or a department of mental	1741
retardation and developmental disabilities special police officer	1742
has reasonable cause to believe that a particular person who has	1743
been hospitalized, institutionalized, or confined in the	1744
institution pursuant to or under authority of section 2945.37,	1745
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1746
Revised Code is guilty of the violation, the special police	1747
officer, outside of the premises of the institution, may pursue,	1748
arrest, and detain that person for that violation of section	1749
2921.34 of the Revised Code, until a warrant can be obtained, if	1750
both of the following apply:	1751

(i) The pursuit takes place without unreasonable delay after	1752
the offense is committed;	1753

(ii) The pursuit is initiated within the premises of the	1754
institution from which the violation of section 2921.34 of the	1755
Revised Code occurred.	1756

(b) For purposes of division (F)(2)(a) of this section, the	1757
execution of a written statement by the administrator of the	1758
institution in which a person had been hospitalized,	1759
institutionalized, or confined pursuant to or under authority of	1760
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1761
2945.402 of the Revised Code alleging that the person has escaped	1762
from the premises of the institution in violation of section	1763
2921.34 of the Revised Code constitutes reasonable ground to	1764
believe that the violation was committed and reasonable cause to	1765
believe that the person alleged in the statement to have committed	1766
the offense is guilty of the violation.	1767

(G) Any peace officer may render assistance to any federal	1768
law enforcement officer who has arrest authority under the	1769
"Uniting and Strengthening America by Providing Appropriate Tools	1770
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act	1771
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended, if both	1772
of the following apply:	1773

(1) There is a threat of imminent physical danger to the	1774
federal law enforcement officer, a threat of physical harm to	1775
another person, or any other serious emergency situation present.	1776

(2) Either the federal law enforcement officer requests	1777
emergency assistance or it appears that the federal law	1778
enforcement officer is unable to request assistance, and the	1779
circumstances reasonably indicate that assistance is appropriate.	1780

(H) As used in this section:

1781

(1) A "department of mental health special police officer"	1782
means a special police officer of the department of mental health	1783
designated under section 5119.14 of the Revised Code who is	1784
certified by the Ohio peace officer training commission under	1785
section 109.77 of the Revised Code as having successfully	1786
completed an approved peace officer basic training program.	1787

(2) A "department of mental retardation and developmental	1788
disabilities special police officer" means a special police	1789
officer of the department of mental retardation and developmental	1790
disabilities designated under section 5123.13 of the Revised Code	1791
who is certified by the Ohio peace officer training council under	1792
section 109.77 of the Revised Code as having successfully	1793
completed an approved peace officer basic training program.	1794

(3) "Deadly weapon" has the same meaning as in section	1795
2923.11 of the Revised Code.	1796

(4) "Family or household member" has the same meaning as in	1797
section 2919.25 of the Revised Code.	1798

(5) "Street" or "highway" has the same meaning as in section	1799
4511.01 of the Revised Code.	1800

(6) "Interstate system" has the same meaning as in section	1801
5516.01 of the Revised Code.	1802

(7) "Peace officer of the department of natural resources"	1803
means an employee of the department of natural resources who is a	1804
natural resources law enforcement staff officer designated	1805
pursuant to section 1501.013, a forest officer designated pursuant	1806
to section 1503.29, a preserve officer designated pursuant to	1807
section 1517.10, a wildlife officer designated pursuant to section	1808
1531.13, a park officer designated pursuant to section 1541.10, or	1809
a state watercraft officer designated pursuant to section 1547.521	1810
of the Revised Code.	1811

(8) "Federal law enforcement officer" has the same meaning as	1812
in section 9.88 of the Revised Code.	1813

Sec. 3750.22.  (A) The owner or operator of a facility where	1814
chemicals are produced, or the owner or operator of any other	1815
facility or business of any type, may provide a copy of any	1816
vulnerability assessment of the facility or business or of any	1817
other security-sensitive information developed regarding the	1818
facility or business to any of the following:	1819

(1) The local emergency planning committee of the emergency	1820
planning district in which the facility or business is located;	1821

(2) The fire department with jurisdiction over the facility	1822
or business;	1823

(3) The sheriff of the county in which the facility or	1824
business is located;	1825

(4) The chief of police of any municipal corporation with	1826
jurisdiction over the facility or business.	1827

(B) Copies of vulnerability assessments of a facility or	1828
business or of any other security-sensitive information developed	1829
regarding a facility or business that are in the possession of a	1830
local emergency planning committee of an emergency planning	1831
district, a fire department, a sheriff, or a chief of police and	1832
that were provided under division (A) of this section are not	1833
public records under section 149.43 of the Revised Code and are	1834
not subject to mandatory disclosure under that section.	1835

Sec. 4507.08.  (A) No probationary license shall be issued to	1836
any person under the age of eighteen who has been adjudicated an	1837
unruly or delinquent child or a juvenile traffic offender for	1838
having committed any act that if committed by an adult would be a	1839
drug abuse offense, as defined in section 2925.01 of the Revised	1840
Code, a violation of division (B) of section 2917.11, or a	1841
violation of division (A) of section 4511.19 of the Revised Code,	1842
unless the person has been required by the court to attend a drug	1843
abuse or alcohol abuse education, intervention, or treatment	1844
program specified by the court and has satisfactorily completed	1845
the program.	1846

(B) No temporary instruction permit or driver's license shall	1847
be issued to any person whose license has been suspended, during	1848
the period for which the license was suspended, nor to any person	1849
whose license has been canceled, under Chapter 4510. or any other	1850
provision of the Revised Code.	1851

(C) No temporary instruction permit or driver's license shall	1852
be issued to any person whose commercial driver's license is	1853
suspended under Chapter 4510. or any other provision of the	1854
Revised Code during the period of the suspension.	1855

No temporary instruction permit or driver's license shall be	1856
issued to any person when issuance is prohibited by division (A)	1857
of section 4507.091 of the Revised Code.	1858

(D) No temporary instruction permit or driver's license shall	1859
be issued to, or retained by, any of the following persons:	1860

(1) Any person who is an alcoholic, or is addicted to the use	1861
of controlled substances to the extent that the use constitutes an	1862
impairment to the person's ability to operate a motor vehicle with	1863
the required degree of safety;	1864

(2) Any person who is under the age of eighteen and has been	1865
adjudicated an unruly or delinquent child or a juvenile traffic	1866
offender for having committed any act that if committed by an	1867
adult would be a drug abuse offense, as defined in section 2925.01	1868
of the Revised Code, a violation of division (B) of section	1869
2917.11, or a violation of division (A) of section 4511.19 of the	1870
Revised Code, unless the person has been required by the court to	1871
attend a drug abuse or alcohol abuse education, intervention, or	1872
treatment program specified by the court and has satisfactorily	1873
completed the program;	1874

(3) Any person who, in the opinion of the registrar, is	1875
afflicted with or suffering from a physical or mental disability	1876
or disease that prevents the person from exercising reasonable and	1877
ordinary control over a motor vehicle while operating the vehicle	1878
upon the highways, except that a restricted license effective for	1879
six months may be issued to any person otherwise qualified who is	1880
or has been subject to any condition resulting in episodic	1881
impairment of consciousness or loss of muscular control and whose	1882
condition, in the opinion of the registrar, is dormant or is	1883
sufficiently under medical control that the person is capable of	1884
exercising reasonable and ordinary control over a motor vehicle. A	1885
restricted license effective for six months shall be issued to any	1886
person who otherwise is qualified and who is subject to any	1887
condition that causes episodic impairment of consciousness or a	1888
loss of muscular control if the person presents a statement from a	1889
licensed physician that the person's condition is under effective	1890
medical control and the period of time for which the control has	1891
been continuously maintained, unless, thereafter, a medical	1892
examination is ordered and, pursuant thereto, cause for denial is	1893
found.	1894

A person to whom a six-month restricted license has been	1895
issued shall give notice of the person's medical condition to the	1896
registrar on forms provided by the registrar and signed by the	1897
licensee's physician. The notice shall be sent to the registrar	1898
six months after the issuance of the license. Subsequent	1899
restricted licenses issued to the same individual shall be	1900
effective for six months.	1901

(4) Any person who is unable to understand highway warnings	1902
or traffic signs or directions given in the English language;	1903

(5) Any person making an application whose driver's license	1904
or driving privileges are under cancellation, revocation, or	1905
suspension in the jurisdiction where issued or any other	1906
jurisdiction, until the expiration of one year after the license	1907
was canceled or revoked or until the period of suspension ends.	1908
Any person whose application is denied under this division may	1909
file a petition in the municipal court or county court in whose	1910
jurisdiction the person resides agreeing to pay the cost of the	1911
proceedings and alleging that the conduct involved in the offense	1912
that resulted in suspension, cancellation, or revocation in the	1913
foreign jurisdiction would not have resulted in a suspension,	1914
cancellation, or revocation had the offense occurred in this	1915
state. If the petition is granted, the petitioner shall notify the	1916
registrar by a certified copy of the court's findings and a	1917
license shall not be denied under this division.	1918

(6) Any person who is under a class one or two suspension	1919
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of	1920
the Revised Code or whose driver's or commercial driver's license	1921
or permit was permanently revoked prior to the effective date of	1922
this amendmentJanuary 1, 2004, for a substantially equivalent	1923
violation pursuant to section 4507.16 of the Revised Code;	1924

(7) Any person who is not a resident or temporary resident of	1925
this state.	1926

(E) No person whose driver's license or permit has been	1927
suspended under Chapter 4510. of the Revised Code or any other	1928
provision of the Revised Code shall have driving privileges	1929
reinstated if the registrar determines that a warrant has been	1930
issued for the person's arrest and the warrant is an active	1931
warrant.	1932

Sec. 4561.26.  (A) The owner of each aircraft that is based	1933
in this state, that is not registered pursuant to sections 4561.17	1934
to 4561.22 of the Revised Code, and that is not an aircraft	1935
operated for hire over regularly scheduled routes within this	1936
state shall register the aircraft with the office of aviation of	1937
the department of transportation. Registrations shall be made and	1938
signed by the owner of the aircraft on forms prepared by the	1939
department and shall contain a description of the aircraft,	1940
including its federal registration number, the airport or other	1941
place at which the aircraft is based, and any other information	1942
that is required by the office of aviation. Registration forms	1943
shall be filed with the office of aviation annually and at the	1944
time specified by the director of transportation. If the airport	1945
or other place at which the aircraft is based changes, the owner	1946
shall update the registration by filing a new form with the office	1947
of aviation.	1948

(B) The office of aviation shall maintain all registrations	1949
filed with it under this section and shall develop a program to	1950
track and enforce the registration of aircraft based in this	1951
state.	1952

(C) The director of transportation may impose a civil fine of	1953
not more than one hundred dollars on an owner of an aircraft that	1954
is required to be registered under this section and that the owner	1955
does not register. A separate fine may be imposed for each	1956
aircraft that the owner fails to register, and a separate fine may	1957
be imposed for each registration period during which the owner	1958
fails to register.	1959

Sec. 4561.99.  Whoever violates any provision of sections	1960
4561.021 to 4561.13 of the Revised Code, other than section	1961
4561.26 of the Revised Code, for which no penalty otherwise is	1962
provided in the section that contains the provision violated shall	1963
be fined not more than five hundred dollars, imprisoned not more	1964
than ninety days, or both.	1965

Sec. 4563.30.  (A) As used in this section:

1966

(1) "Aircraft" has the same meaning as in section 4561.01 of	1967
the Revised Code.	1968

(2) "Airport" has the same meaning as in section 4561.01 of	1969
the Revised Code except that it does not include any airport	1970
operated by a multi-state authority or any airport with scheduled	1971
commercial air carrier service.	1972

(3) "Private-use airport" means an airport used exclusively	1973
by the owner of the airport and by persons authorized by that	1974
owner.	1975

(4) "Public-use airport" means an airport available for use	1976
by the general public without a requirement for the prior approval	1977
of the owner or operator except as may be required by federal law	1978
or regulation.	1979

(B) The department of public safety and the office of	1980
aviation of the department of transportation shall jointly adopt	1981
rules regarding the security of public-use and private-use	1982
airports. The rules shall include, but not be limited to,	1983
provisions doing the following:	1984

(1) Requiring all public-use and private-use airports located	1985
in whole or in part in this state to register biennially with the	1986
office of aviation of the department of transportation;	1987

(2) Requiring all public-use airports located in whole or in	1988
part in this state, and all private-use airports located in whole	1989
or in part in this state when appropriate, to prepare a written	1990
security plan that is consistent with the most recent security	1991
guidelines for general aviation airports published by the United	1992
States transportation security administration;	1993

(3) Requiring all aircraft owners or pilots to secure their	1994
aircraft;	1995

(4) Requiring all persons who rent an aircraft to present	1996
government-issued identification, in addition to any pilot's	1997
license, to the person who rents them the aircraft;	1998

(5) Requiring all public-use airports located in whole or in	1999
part in this state, and all private use airports located in whole	2000
or in part in this state when appropriate, to do all of the	2001
following:	2002

(a) Develop a written list of emergency contacts and	2003
telephones;	2004

(b) Restrict access to aircraft keys by unlicensed persons;

2005

(c) Require pilots, including those renting aircraft, to	2006
operate pursuant to F.A.R. 61.3 regarding pilot identification;	2007

(d) Create an emergency locater map that identifies runways,	2008
ramp areas, fence lines, gates, hydrants, emergency shelters,	2009
buildings, and hazardous material sites;	2010

(e) Familiarize local law enforcement agencies with the	2011
airport and consult with them in the airport's development of	2012
security procedures.	2013

(6) Addressing or governing the security of public-use and	2014
private-use airports located in whole or in part in this state in	2015
any other manner that the department of public safety and the	2016
office of aviation of the department of transportation jointly	2017
determine to be	2018

necessary.

2019

(C) The security plan described in division (B)(2) of this	2020
section and the emergency locater map described in division	2021
(B)(5)(d) of this section shall prominently display the following	2022
statement: "This document may contain information that, if	2023
disclosed, could endanger the life or safety of the public;	2024
therefore, this document is to be maintained and used in a manner	2025
that preserves the confidentiality of the information it contains	2026
in a manner consistent with law."	2027

(D) Each public-use and private-use airport located in whole	2028
or in part in this state shall provide a copy of its registration	2029
described in division (B)(1) of this section, a copy of its	2030
security plan described in division (B)(2) of this section, and a	2031
copy of its emergency locater map described in division (B)(5)(d)	2032
of this section to the department of public safety, to the office	2033
of aviation of the department of transportation, to the sheriff of	2034
the county in which the airport is located in whole or in part,	2035
and, if the airport is located in whole or in part in a municipal	2036
corporation, to the chief of police of each municipal corporation	2037
in which it is wholly or partly located. Copies of registrations,	2038
emergency locater maps, and security plans that are in the	2039
possession of the department of public safety, the office of	2040
aviation, a sheriff, or a chief of police and that were provided	2041
under this division are not public records under section 149.43 of	2042
the Revised Code and are not subject to mandatory disclosure under	2043
that section.	2044

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	2045
a subdivision participating in a 9-1-1 system established under	2046
sections 4931.40 to 4931.70 of the Revised Code and any officer,	2047
agent, employee, or independent contractor of the state, the state	2048
highway patrol, or such a participating subdivision is not liable	2049
in damages in a civil action for injuries, death, or loss to	2050
persons or property arising from any act or omission, except	2051
willful or wanton misconduct, in connection with developing,	2052
adopting, or approving any final plan or any agreement made under	2053
section 4931.48 of the Revised Code or otherwise bringing into	2054
operation the 9-1-1 system pursuant to sections 4931.40 to 4931.70	2055
of the Revised Code.	2056

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	2057
board, and any member of that council or board are not liable in	2058
damages in a civil action for injuries, death, or loss to persons	2059
or property arising from any act or omission, except willful or	2060
wanton misconduct, in connection with the development or operation	2061
of a 9-1-1 system established under sections 4931.40 to 4931.70 of	2062
the Revised Code.	2063

(B) Except as otherwise provided in section 4765.49 of the	2064
Revised Code, an individual who gives emergency instructions	2065
through a 9-1-1 system established under sections 4931.40 to	2066
4931.70 of the Revised Code, and the principals for whom the	2067
person acts, including both employers and independent contractors,	2068
public and private, and an individual who follows emergency	2069
instructions and the principals for whom that person acts,	2070
including both employers and independent contractors, public and	2071
private, are not liable in damages in a civil action for injuries,	2072
death, or loss to persons or property arising from the issuance or	2073
following of emergency instructions, except where the issuance or	2074
following of the instructions constitutes willful or wanton	2075
misconduct.	2076

(C) Except for willful or wanton misconduct, a telephone	2077
company, and any other installer, maintainer, or provider, through	2078
the sale or otherwise, of customer premises equipment, and their	2079
respective officers, directors, employees, agents, and suppliers	2080
are not liable in damages in a civil action for injuries, death,	2081
or loss to persons or property incurred by any person resulting	2082
from suchany of the following:	2083

(1) Such an entity's or its officers', directors',	2084
employees', agents', or suppliers' participation in or acts or	2085
omissions in connection with participating in or developing,	2086
maintaining, or operating a 9-1-1 system, whether that system is	2087
established pursuant to sections 4931.40 to 4931.70 of the Revised	2088
Code or otherwise in accordance with schedules regarding 9-1-1	2089
systems filed with the public utilities commission pursuant to	2090
section 4905.30 of the Revised Code by a telephone company that is	2091
a wireline service provider;	2092

(2) Such an entity's or its officers', directors',	2093
employees', agents', or suppliers' provision of assistance to a	2094
public utility, municipal utility, or state or local government as	2095
authorized by divisions (F)(4) and (5) of this section.	2096

(D) No person shall knowingly use the telephone number of a	2097
9-1-1 system established under sections 4931.40 to 4931.70 of the	2098
Revised Code to report an emergency if the person knows that no	2099
emergency exists.	2100

(E) No person shall knowingly use a 9-1-1 system for a	2101
purpose other than obtaining emergency service.	2102

(F) No person shall disclose or use any information	2103
concerning telephone numbers, addresses, or names obtained from	2104
the data base that serves the public safety answering point of a	2105
9-1-1 system established under sections 4931.40 to 4931.70 of the	2106
Revised Code, except for any of the following purposes or under	2107
any of the following circumstances:	2108

(1) For the purpose of the 9-1-1 system;

2109

(2) For the purpose of responding to an emergency call to an	2110
emergency service provider;	2111

(3) In the circumstance of the inadvertent disclosure of such	2112
information due solely to technology of the wireline telephone	2113
network portion of the 9-1-1 system not allowing access to the	2114
data base to be restricted to 9-1-1 specific answering lines at a	2115
public safety answering point;	2116

(4) In the circumstance of assistanceaccess to a data base	2117
being given by a telephone company that is a wireline service	2118
provider to a public utility or municipal utility in handling	2119
customer calls in times of public emergency or service outages.	2120
The charge, terms, and conditions for the disclosure or use of	2121
such information for the purpose of such assistanceaccess to a	2122
data base shall be subject to the jurisdiction of the public	2123
utilities commission.	2124

(5) In the circumstance of access to a data base given by a	2125
telephone company that is a wireline service provider to a state	2126
and local government in warning of a public emergency, as	2127
determined by the public utilities commission. The charge, terms,	2128
and conditions for the disclosure or use of such information for	2129
the purpose of such access to a data base shall be subject to the	2130
jurisdiction of the public utilities commission.	2131

Sec. 5502.012. The department of public safety shall do all	2132
of the following:	2133

(A) Adopt rules in accordance with Chapter 119. of the	2134
Revised Code that identify licenses issued by the state for which	2135
the holder of any of the identified licenses may present a	2136
potential risk or threat to public safety if the applicant for the	2137
license has connections to a terrorist organization, as required	2138
by section 2909.32 of the Revised Code. In no case shall the rules	2139
identify a driver's license or permit as a license of that nature	2140
if the applicant for the license or permit, or for renewal of the	2141
license or permit, is a resident of this state; this restriction	2142
does not apply regarding nonrenewable licenses and temporary	2143
residents of this state who apply for nonrenewable licenses.	2144

(B) Adopt rules, jointly with the office of aviation of the	2145
department of transportation and in accordance with Chapter 119.	2146
of the Revised Code, regarding the security of public-use and	2147
private-use airports in accordance with section 4563.30 of the	2148
Revised Code;	2149

(C) Adopt rules in accordance with Chapter 119. of the	2150
Revised Code and for purposes of section 2909.28 of the Revised	2151
Code identifying a list of toxins, toxic chemicals, precursors of	2152
toxic chemicals, vectors, biological agents, and hazardous	2153
radioactive substances and their components that could be used	2154
alone or in combination for the manufacture of a chemical weapon,	2155
biological weapon, radiological or nuclear weapon, or explosive	2156
device.	2157

Sec. 5502.03. (A) There is hereby created in the department	2158
of public safety a division of homeland security. It is the intent	2159
of the general assembly that the creation of the division of	2160
homeland security of the department of public safety by this	2161
amendment does not result in an increase of funding appropriated	2162
to the department.	2163

(B)(1) The division shall coordinatedo all of the following:

2164

(1) Coordinate all homeland security activities of all state	2165
agencies and shall be the liaison between state agencies and local	2166
entities for the purposes of communicating homeland security	2167
funding and policy initiatives;	2168

(2) Coordinate and facilitate information sharing among	2169
local, state, and federal government agencies and the private	2170
sector to ensure appropriate analysis of intelligence to assist in	2171
the early identification of, and response to, potential terrorist	2172
threats or activities;	2173

(3) Coordinate efforts of state and local governments and	2174
private organizations to enhance the security and protection of	2175
critical infrastructure and key assets in this state;	2176

(4) Develop and coordinate policies, protocols, and	2177
strategies that may be used to prevent, detect, prepare for,	2178
respond to, and recover from terrorist acts or threats;	2179

(5) Develop, update, and coordinate the implementation of an	2180
Ohio homeland security strategic plan that will guide state and	2181
local governments in the achievement of homeland security in this	2182
state.	2183

(C) The director of public safety shall appoint an executive	2184
director, who shall be head of the division of homeland security	2185
and who regularly shall advise the governor and the director on	2186
matters pertaining to homeland security. The executive director	2187
shall serve at the pleasure of the director of public safety. To	2188
carry out the duties assigned under this section, the executive	2189
director, subject to the direction and control of the director of	2190
public safety, may appoint and maintain necessary staff and may	2191
enter into any necessary agreements.	2192

(D) Except as otherwise provided by law, nothing in this	2193
section shall be construed to give the director of public safety	2194
or the executive director of the division of homeland security	2195
authority over the incident management structure or	2196
responsibilities of local emergency response personnel.	2197

Section 2. That existing sections 2901.13, 2909.21, 2923.31,	2198
2933.51, 2935.03, 4507.08, 4561.99, 4931.49, and 5502.03 of the	2199
Revised Code are hereby repealed.	2200

Section 3.  Section 2935.03 of the Revised Code is presented	2201
in this act as a composite of the section as amended by Sub. H.B.	2202
545, H.B. 675, and Am. Sub. S.B. 123 of the 124th General	2203
Assembly. The General Assembly, applying the principle stated in	2204
division (B) of section 1.52 of the Revised Code that amendments	2205
are to be harmonized if reasonably capable of simultaneous	2206
operation, finds that the composite is the resulting version of	2207
the section in effect prior to the effective date of the section	2208
as presented in this act.	2209