Summary of SB 350 (Ohio 136th General Assembly)
Title: Add Inspector General, Deputy IG to definition of peace officer
Purpose and intent
- The bill adds the Inspector General (IG) and a deputy Inspector General to the statutory definition of “peace officer” for the period when they are acting within the scope of their official duties.
- The change expands arrest authority and related law-enforcement powers to the IG and deputy IGs, provided they have completed the specified peace officer training.
Key provisions and changes
- Definition expansion:
- The Inspector General and a deputy Inspector General who hold a certificate from the Ohio Peace Officer Training Commission (OPOTC) attesting to satisfactory completion of an approved peace officer basic training program are to be treated as “peace officers” while performing duties within the IG’s scope.
- This expansion is incorporated into multiple code sections:
- RC 109.71(A)(26)
- RC 2935.01(B)
- RC 121.483
- Training requirement:
- To qualify as a peace officer under the amended definition, the IG or deputy IG must have been awarded a certificate by the OPOTC attesting to satisfactory completion of an approved peace officer basic training program.
- The bill also specifies that temporary or probationary appointments must still meet basic training requirements prior to permanent appointment.
- Arrest authority:
- As with other peace officers, the IG and deputy IGs would have arrest authority only while engaged in the scope of their duties.
- They would have arrest powers consistent with the defined peace officer status, including authority to pursue warrants and related functions, and to exercise arrest authority only within the scope of IG duties.
- Direct court access for warrants:
- Once designated as peace officers under the bill, the IG or deputy IG would have the ability to apply directly to a court for electronic search warrants (instead of routing requests through a local law enforcement agency). This is intended to streamline some investigative processes.
- Related code structure:
- The bill revises the definitions and cross-references in RC 109.71, RC 109.77, RC 121.483, and RC 2935.01 to incorporate the IG and deputy IG as peace officers when performing duties.
- Repeal and transitional language:
- The introduced bill repeals and supplements existing sections to reflect the updated peace officer definition and related training/arrest authorities.
Who would be affected
- Primary: Ohio Inspector General and any deputy Inspector General who possesses an OPOTC peace officer certificate.
- Secondary: Local law enforcement agencies and the courts, which may see changes in the handling of electronic search warrants and potential requests originating from the IG’s office.
- Public: Citizens and recipients of IG investigations, who may experience more streamlined investigative capabilities.
Procedural and timeline aspects
- Status: Introduced and referred to committee (as of the latest available record).
- Effective date: Not explicitly stated in the introduced text; typically, codified amendments become effective on the date specified in the act or, absent a specified date, on the day following enactment. (The fiscal note indicates no immediate significant state/local costs and anticipates efficiency gains.)
- Related fiscal note: The Legislative Service Commission (LSC) notes no significant net impact on state or local budgets. Expected efficiency gains include more direct electronic search warrants, reducing reliance on local agencies for such warrants.
Fiscal and local impact (as analyzed by LSC)
- State costs: Not expected to be significant; any training or certification needs are anticipated to be absorbable within existing resources.
- Local costs: Potential administrative savings due to a reduction in electronic search warrant requests routed through local law enforcement.
- Net effect: Overall efficiency improvements with minimal new expenditure expected.
Notes
- The analysis emphasizes that the IG and deputy IG would gain arrest authority only when acting within the scope of their official duties, and only after meeting the OPOTC training/certification requirements.
- The measure aligns the IG’s office more closely with other peace-officer authorities for investigative and judicial processes, particularly regarding warrants.
This summary reflects the introduced form of SB 350 and the material points highlighted by the LSC analysis.
