As Introduced

131st General Assembly

Regular Session H. B. No. 437

2015-2016

Representatives Boyd, Kuhns

Cosponsors: Representatives Smith, K., Sykes, Cera, Reece, Howse

A BILL

To enact section 2901.51 of the Revised Code to require every law enforcement agency to adopt a written policy that requires an investigation into a death resulting from the actions of a law enforcement officer employed by the law enforcement agency and to require the investigation to be conducted by at least two law enforcement officers who are not employed by a law enforcement agency that employs any law enforcement officer involved in the officer-involved death.

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

Section 1. That section 2901.51 of the Revised Code be enacted to read as follows:

Sec. 2901.51. (A) As used in this section:

(1) "Officer-involved death" means a death of another or the unlawful termination of another's pregnancy that results from an action or omission of a law enforcement officer who is engaged in the performance of the law enforcement officer's official duties or is performing activities that are within the scope of the law enforcement officer's official duties outside of the course of the law enforcement officer's official duties.

(2) "Unlawful termination of another's pregnancy" has the same meaning as in section 2903.09 of the Revised Code.

(B)(1) Each law enforcement agency shall adopt a written policy regarding the investigation of an officer-involved death that involves a law enforcement officer employed by the law enforcement agency. The written policy shall require an officer-involved death investigation to be conducted by at least two law enforcement officers employed by a law enforcement agency that does not employ any law enforcement officer involved in the officer-involved death.

(2) Upon request, a law enforcement agency shall provide assistance to, and cooperate with, another law enforcement agency in the investigation of an officer-involved death. An assisting law enforcement agency may provide law enforcement officers, services, or equipment to investigate the officer-involved death. The law enforcement agencies cooperating in the investigation shall designate a lead investigator. The assistance and cooperation of an assisting law enforcement agency shall be provided pursuant to any terms agreed upon by the assisting law enforcement agency and the law enforcement agency requesting the law enforcement agency's assistance, which may include the provision of law enforcement services and equipment and the interchange of services and equipment among other assisting law enforcement agencies.

(3) The adoption of a written policy under division (B)(1) of this section shall not prohibit the law enforcement agency from conducting an internal investigation into an officer-involved death if the internal investigation does not interfere with the investigation conducted under division (B)(2) of this section.

(C)(1) Except as provided in division (C)(2) of this section, the law enforcement agency's written policy adopted under division (B)(1) of this section shall require the investigation of a traffic-related officer-involved death to use a crash reconstruction unit from a law enforcement agency that does not employ a law enforcement officer involved in the officer-involved death being investigated.

(2) A state law enforcement agency's policy regarding the investigation of an officer-involved death may allow an investigation involving an officer employed by that law enforcement agency to use a crash reconstruction unit from the same state law enforcement agency.

(D) The law enforcement officers conducting an investigation under division (B)(2) of this section shall, in an expeditious manner, provide a complete report of the investigation to the prosecuting attorney of the county in which the officer-involved death occurred. If the prosecuting attorney determines there is not a basis to prosecute a law enforcement officer involved in the officer-involved death for the commission of a crime, the report shall be released as a public record by an assisting law enforcement agency or the prosecuting attorney pursuant to rules adopted by the law enforcement agency or prosecutor in accordance with Chapter 119. of the Revised Code.