Bill Text: OH HB630 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To require law enforcement agencies to submit a written report to the Division of Criminal Justice Services of the Department of Public Safety regarding the death of any person who is shot by the law enforcement agency's law enforcement officers and to require all law enforcement officers to complete in-service firearm training if in any year five or more of the deceased were unarmed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-10-06 - To Judiciary [HB630 Detail]
Download: Ohio-2013-HB630-Introduced.html
|
|
Representative Beck
To enact section 5502.69 of the Revised Code to | 1 |
require law enforcement agencies to submit a | 2 |
written report to the Division of Criminal Justice | 3 |
Services of the Department of Public Safety | 4 |
regarding the death of any person who is shot by | 5 |
the law enforcement agency's law enforcement | 6 |
officers and to require all law enforcement | 7 |
officers to complete in-service firearm training | 8 |
if in any year five or more of the deceased were | 9 |
unarmed. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5502.69 of the Revised Code be | 11 |
enacted to read as follows: | 12 |
Sec. 5502.69. (A)(1) Every law enforcement agency shall | 13 |
submit a written report to the division of criminal justice | 14 |
services of the department of public safety regarding the death of | 15 |
any person, other than a law enforcement officer, who was shot by | 16 |
one or more of the law enforcement agency's law enforcement | 17 |
officers during the course of the law enforcement officer's | 18 |
official duties. The report shall be reviewed for accuracy by the | 19 |
law enforcement agency's highest ranking law enforcement officer | 20 |
prior to the report's submission. The law enforcement agency shall | 21 |
submit the report to the division of criminal justice services | 22 |
within seventy-two hours after the person's death. | 23 |
(2)(a) Prior to the law enforcement agency's submission of | 24 |
the report, the law enforcement agency shall determine if the | 25 |
coroner has performed an autopsy on the deceased and determined a | 26 |
cause of death under Chapter 313. of the Revised Code. The law | 27 |
enforcement agency also shall determine if another law enforcement | 28 |
agency that is not required to submit a report under division | 29 |
(A)(1) of this section has written a report related to the | 30 |
deceased's death. | 31 |
(b) If a coroner has a record of the cause of the deceased's | 32 |
death or another law enforcement agency has written a report | 33 |
related to the deceased's death, the law enforcement agency shall | 34 |
obtain a copy of the record or report and submit it to the | 35 |
division of criminal justice services with the law enforcement | 36 |
agency's report. If, for any reason, the coroner has not provided | 37 |
a copy of the coroner's record or the other law enforcement agency | 38 |
has not provided a copy of its report to the law enforcement | 39 |
agency, the coroner or other law enforcement agency shall submit a | 40 |
copy of the record or report to the division of criminal justice | 41 |
services within seventy-two hours after the coroner or law | 42 |
enforcement agency completes the record or report. | 43 |
(B) Subject to the approval of the director of public safety, | 44 |
the division of criminal justice services shall adopt rules | 45 |
pursuant to Chapter 119. of the Revised Code governing a law | 46 |
enforcement agency's submission of the written report and the | 47 |
contents of the report. At a minimum, the report shall include all | 48 |
of the following: | 49 |
(1) The name, gender, race, ethnicity, and age of the | 50 |
deceased; | 51 |
(2) The date, time, and location of the death; | 52 |
(3) A brief description of the circumstances surrounding the | 53 |
death; | 54 |
(4) The name and address of any person, other than a law | 55 |
enforcement officer, who is known to have witnessed the shooting; | 56 |
(5) The name of any witness or law enforcement officer who | 57 |
has stated that the deceased was, or was not, in the possession of | 58 |
a firearm at the time of the shooting, with a summary of the | 59 |
witness' or law enforcement officer's statement; | 60 |
(6) A description of any firearm recovered at the location of | 61 |
the shooting. If a law enforcement agency recovers a firearm after | 62 |
submitting the report, the law enforcement agency shall report the | 63 |
recovery of the firearm to the division of criminal justice | 64 |
services within seventy-two hours after recovering the firearm. | 65 |
(C) Within seventy-two hours after receiving a law | 66 |
enforcement agency's written report, the division of criminal | 67 |
justice services shall review and file the report. The division of | 68 |
criminal justice services shall maintain the written reports | 69 |
submitted by law enforcement agencies. A law enforcement agency's | 70 |
report shall be a public record that is open for inspection under | 71 |
section 149.43 of the Revised Code. | 72 |
(D) The department of public safety shall produce a yearly | 73 |
report that, at a minimum, summarizes each written report | 74 |
submitted to the division of criminal justice services under | 75 |
division (A) of this section during the preceding year and | 76 |
analyzes the submitted reports as a whole. The department of | 77 |
public safety shall submit the yearly report to the president of | 78 |
the senate, the minority leader of the senate, the speaker of the | 79 |
house of representatives, the minority leader of the house of | 80 |
representatives, each law enforcement agency that submitted a | 81 |
report to the division of criminal justice services during the | 82 |
preceding year, and the attorney general by the thirty-first day | 83 |
of January of each year. | 84 |
(E)(1)(a) The department of public safety's yearly report | 85 |
shall state the number of deceased who were not in the possession | 86 |
of a firearm when shot by law enforcement officers. If a firearm | 87 |
was not recovered at the location of a shooting, the deceased | 88 |
shall be included in the number of deceased who were not in the | 89 |
possession of a firearm when shot by law enforcement officers. If | 90 |
the yearly report states that five or more of the deceased were | 91 |
not in the possession of a firearm when shot by law enforcement | 92 |
officers, all law enforcement officers in the state shall be | 93 |
required to complete an in-service firearm training program at the | 94 |
Ohio peace officer training academy. The training shall include | 95 |
training on the use of deadly force and the modified low-ready | 96 |
position. The attorney general shall notify every law enforcement | 97 |
agency within thirty days after the department of public safety | 98 |
issues the yearly report if the law enforcement agency's law | 99 |
enforcement officers are required to complete the in-service | 100 |
firearm training. | 101 |
(b) All law enforcement officers shall complete the | 102 |
in-service training within one year after the attorney general | 103 |
notifies the law enforcement officer's law enforcement agency. If | 104 |
a law enforcement officer does not complete the in-service | 105 |
training during this time, the law enforcement officer shall not | 106 |
carry a firearm during the course of the law enforcement officer's | 107 |
official duties until the law enforcement officer has completed | 108 |
the in-service training. | 109 |
(2) The attorney general shall adopt, in accordance with | 110 |
Chapter 119. of the Revised Code or pursuant to section 109.74 of | 111 |
the Revised Code, rules governing the program of in-service | 112 |
training. The rules shall require each law enforcement agency to | 113 |
reimburse the peace officer training commission for the costs of | 114 |
the in-service training program attended by the law enforcement | 115 |
agency's law enforcement officers. | 116 |
(F) As used in this section: | 117 |
(1) "Deadly weapon" means any instrument, device, or thing | 118 |
capable of inflicting death, and designed or specifically adapted | 119 |
for use as a weapon, or possessed, carried, or used as a weapon. | 120 |
(2) "Firearm" means any deadly weapon capable of expelling or | 121 |
propelling one or more projectiles by the action of an explosive | 122 |
or combustible propellant. | 123 |
(3) "Law enforcement agency" means an organization or entity | 124 |
made up of law enforcement officers. | 125 |
(4) "Law enforcement officer" means a peace officer as | 126 |
defined in section 109.71 of the Revised Code, a sheriff, and the | 127 |
superintendent and troopers of the state highway patrol. | 128 |