As Introduced

133rd General Assembly

Regular Session H. B. No. 735

2019-2020

A BILL

To enact section 2901.44 of the Revised Code to require certain law enforcement officers to wear a clearly visible badge and identification on their person while on duty and to impose a fine on the appointing authority of an officer who fails to comply.

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

Section 1. That section 2901.44 of the Revised Code be enacted to read as follows:

Sec. 2901.44. (A) As used in this section:

(1) "Appointing authority" has the same meaning as in section 124.01 of the Revised Code.

(2) "Law enforcement officer" means any of the following:

(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;

(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;

(c) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;

(d) A person appointed by a mayor pursuant to section 737.10 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;

(e) A member of the organized militia of this state, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;

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

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

(B) Except as otherwise provided in division (C) of this section, a law enforcement officer shall wear the law enforcement officer's badge and identification that is clearly visible on the law enforcement officer's person whenever the law enforcement officer is on duty, including during an emergency declared by the governor or mayor. The identification shall be easily identifiable, shall include the appointing authority of the law enforcement officer, and may include the law enforcement officer's name and badge number.

(C) Division (B) of this section does not apply to a law enforcement officer who is undercover, including as an undercover drug agent.

(D)(1) Any person who directly or indirectly encounters a law enforcement officer failing to comply with the requirements of division (B) of this section may submit a complaint to the attorney general by mail, by telephone, or electronically through an online portal established by the attorney general for that purpose. Instructions for submitting a complaint and a link to the online portal shall be published on the attorney general's web site within thirty days of the effective date of this section. The attorney general shall investigate all complaints submitted pursuant to this division.

(2) If, after an investigation, the attorney general determines that reasonable evidence exists that a law enforcement officer failed to comply with division (B) of this section and the officer is not exempted from those requirements under division (C) of this section, the attorney general shall fine the officer's appointing authority one thousand dollars for each instance of noncompliance. Fines shall be remitted by the appointing authority to the attorney general within thirty days after receiving notification of the attorney general's determination and deposited in the general revenue fund.

(3) For the purpose of division (D)(2) of this section, each day or partial day that a law enforcement officer fails to comply with division (B) of this section is a separate instance of noncompliance. If more than one law enforcement officer fails to comply with division (B) of this section, each officer's failure to comply is a separate instance of noncompliance even if such failures occur on the same day.

(E) Notwithstanding any provisions of section 4117.10 of the Revised Code to the contrary, this section prevails over any conflicting provision of a collective bargaining agreement entered into under Chapter 4117. of the Revised Code on or after the effective date of this section.

Section 2. Section 1 of this act takes effect April 1, 2022.