As Passed by the House

135th General Assembly

Regular Session H. B. No. 167

2023-2024

A BILL

To amend section 109.804 and to enact section 109.791 of the Revised Code to modify the requirements for chief of police training and to allow advanced training for officers at or above the rank of sergeant and to amend the version of section 109.804 of the Revised Code that is scheduled to take effect December 29, 2023, to continue the change on and after that date.

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

Section 1. That section 109.804 be amended and section 109.791 of the Revised Code be enacted to read as follows:

Sec. 109.791. The Ohio peace officer training commission may establish and conduct police officer training courses in addition to those specified in section 109.79 of the Revised Code to be offered to a law enforcement officer at or above the rank of sergeant.

Sec. 109.804. (A) The Ohio peace officer training commission shall develop and ~~conduct~~ provide a chief of police training course lasting forty hours for newly appointed chiefs of police appointed on or after January 1, 2018. The commission shall determine the course topics, which shall include diversity training with an emphasis on historical perspectives and community-police relations, and shall establish criteria for what constitutes successful completion of the course. The commission shall conduct the course at ~~the Ohio peace officer training academy~~ locations determined by the commission and in a manner prescribed by the commission. The commission shall offer the course at least semiannually.

(B) A newly appointed chief of police may request an equivalency exemption from ~~a portion~~ eight hours of the forty hours of the chief of police training course, on topics approved by the executive director, by submitting to the Ohio peace officer training commission~~, not more than ten calendar days following the person's appointment as a chief of police,~~ evidence of training or qualification in the subject area of the exempted ~~portion~~topics.

A request for equivalency exemption by the newly appointed chief of police shall be provided to the commission not later than fourteen calendar days before the beginning of the course.

(C) Upon presentation of evidence by a newly appointed chief of police that because of a medical disability or other good cause the newly appointed chief of police is unable to complete the chief of police training course, the Ohio peace officer training commission may defer the requirement for the newly appointed chief of police to complete the chief of police training course until the disability or cause terminates.

(D) A newly appointed chief of police appointed on or after January 1, 2018, shall attend a chief of police training course conducted by the Ohio peace officer training commission pursuant to division (A) of this section not later than six months after the person's appointment as a chief of police. While attending the chief of police training course, a newly appointed chief of police shall receive compensation in the same manner and amounts as if carrying out the powers and duties of the office of chief of police. The costs of conducting the chief of police training course shall be paid from state funds appropriated to the attorney general. The cost of meals, lodging, and travel of a newly appointed chief of police attending the chief of police training course shall be paid from the budget of the entity for which the newly appointed chief of police was appointed.

(E) As used in this section:

"Newly appointed chief of police" means a person appointed chief of police under section 505.49, 737.05, or 737.15 of the Revised Code or any administrative official that is responsible for the daily administration and supervision of peace officers in a law enforcement agency who ~~did not hold the office~~ has never held the full time position of chief of police ~~on the date~~ before the person was appointed chief of police.

"Law enforcement agency" means a municipal or township police department, or any other entity authorized by statute to appoint peace officers to enforce criminal laws and who have the statutory power of arrest. "Law enforcement agency" does not include a county sheriff’s office, the state highway patrol, or the bureau of criminal identification and investigation.

Section 2. That existing section 109.804 of the Revised Code is hereby repealed.

Section 3. That the version of section 109.804 of the Revised Code that is scheduled to take effect December 29, 2023, be amended to read as follows:

Sec. 109.804. (A)(1) The Ohio peace officer training commission shall develop and ~~conduct~~ provide a chief of police training course lasting forty hours for newly appointed chiefs of police appointed on or after January 1, 2018. The commission shall determine the course topics, which shall include diversity training with an emphasis on historical perspectives and community-police relations, and shall establish criteria for what constitutes successful completion of the course. The commission shall conduct the course at ~~the Ohio peace officer training academy~~ locations determined by the commission and in a manner prescribed by the commission. The commission shall offer the course at least semiannually.

(2) The executive director of the commission shall issue a certificate of completion of a training program required under this section in accordance with Chapter 4796. of the Revised Code to a newly appointed chief of police if either of the following applies:

(a) The person holds a certificate of completion of such a program in another state.

(b) The person has satisfactory work experience, a government certification, or a private certification as described in that chapter as a chief of police in a state that does not require completion of such a training program.

A request for equivalency exemption by the newly appointed chief of police shall be provided to the commission not later than fourteen calendar days before the beginning of the course.

(E) As used in this section:

Section 4. That the existing version of section 109.804 of the Revised Code that is scheduled to take effect December 29, 2023, is hereby repealed.

Section 5. Sections 3 and 4 of this act take effect December 29, 2023.