As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 618

Representative Becker 

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A BILL

To amend section 4513.39 of the Revised Code to

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permit a member of a township police or joint

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police district and a township constable to make

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arrests on a portion of an interstate highway

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located within a township with a population

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greater than 40,000, instead of a population

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greater than 50,000 as provided in current law.

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

Section 1. That section 4513.39 of the Revised Code be	8
amended to read as follows:	9

Sec. 4513.39.  (A) The state highway patrol and sheriffs or	10
their deputies shall exercise, to the exclusion of all other peace	11
officers except within municipal corporations and except as	12
specified in division (B) of this section and division (E) of	13
section 2935.03 of the Revised Code, the power to make arrests for	14
violations on all state highways, of sections 4503.11, 4503.21,	15
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	16
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	17
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	18
4549.08 to 4549.12, and 4549.62 of the Revised Code.	19

(B) A member of the police force of a township police	20
district created under section 505.48 of the Revised Code or of a	21
joint police district created under section 505.482 of the Revised	22
Code, and a township constable appointed pursuant to section	23
509.01 of the Revised Code, who has received a certificate from	24
the Ohio peace officer training commission under section 109.75 of	25
the Revised Code, shall exercise the power to make arrests for	26
violations of those sections listed in division (A) of this	27
section, other than sections 4513.33 and 4513.34 of the Revised	28
Code, as follows:	29

(1) If the population of the township that created the	30
township or joint police district served by the member's police	31
force or the township that is served by the township constable is	32
fiftyforty thousand or less, the member or constable shall	33
exercise that power on those portions of all state highways,	34
except those highways included as part of the interstate system,	35
as defined in section 5516.01 of the Revised Code, that are	36
located within the township or joint police district, in the case	37
of a member of a township or joint police district police force,	38
or within the unincorporated territory of the township, in the	39
case of a township constable;	40

(2) If the population of the township that created the	41
township or joint police district served by the member's police	42
force or the township that is served by the township constable is	43
greater than fiftyforty thousand, the member or constable shall	44
exercise that power on those portions of all state highways and	45
highways included as part of the interstate highway system, as	46
defined in section 5516.01 of the Revised Code, that are located	47
within the township or joint police district, in the case of a	48
member of a township or joint police district police force, or	49
within the unincorporated territory of the township, in the case	50
of a township constable.	51

Section 2. That existing section 4513.39 of the Revised Code	52
is hereby repealed.	53