Ohio § 4973.17

§ 4973.17.

(A)(1)(a) Upon the application of any bank;  savings and loan association;  savings bank;  credit

union;  or association of banks, savings and loan associations, savings banks, or

credit unions in this state, the secretary of state may appoint and commission any

persons that the bank;  savings and loan association;  savings bank;  credit union;

 or association of banks, savings and loan associations, savings banks, or credit

unions designates, or as many of those persons as the secretary of state considers

proper, to act as police officers for and on the premises of that bank;  savings and

loan association;  savings bank;  credit union;  or association of banks, savings

and loan associations, savings banks, or credit unions;  or elsewhere, when directly

in the discharge of their duties. (b) Upon the application of any prior parent company of a bank, the secretary of state

may appoint and commission any persons that the prior parent company of a bank designates,

or as many of those persons as the secretary of state deems proper, to act as police

officers for and on the premises of the bank;  savings and loan association;  savings

bank;  credit union;  or association of banks, savings and loan associations, savings

banks, or credit unions that the prior parent company of the bank previously had a

controlling interest in;  or elsewhere, when directly in the discharge of their duties. (2) Police officers so appointed shall be citizens of this state and of good character.  Police officers so appointed who start to perform their duties on or after April

14, 2006, shall successfully complete a training program approved by the Ohio peace

officer training commission described in section 109.71 of the Revised Code and be certified by the commission within six months after starting to perform their

duties.  Police officers so appointed shall hold office for three years, unless, for good

cause shown, their commission is revoked by the secretary of state, or by the bank;

 savings and loan association;  savings bank;  credit union;  association of banks,

savings and loan associations, savings banks, or credit unions;  or the prior parent

company of a bank, as provided by law. (3) Persons commissioned as police officers pursuant to division (A) of this section

prior to April 14, 2006, who have not successfully completed a training program approved

by the Ohio peace officer training commission, and who have not been certified by

the commission, may be reappointed and re-commissioned by the secretary of state only

during the person's continuous employment as a police officer by the institution for

which the person was employed on April 14, 2006, or by a successor institution to

the institution for which the person was employed on April 14, 2006.  The secretary of state shall note on such appointments and commissions that the

person is not a peace officer as defined in section 109.71 of the Revised Code . (4) For the exclusive purpose of assigning break in service update training as prescribed

in rule 109:2-1-12 (D) of the Administrative Code , a police officer appointed under division (A) of this section, who began performing

police officer duties on or before April 14, 2006, shall be credited as holding a

valid peace officer appointment retroactive to the date on which the officer began

performing these duties. (5) As used in division (A) of this section, “ prior parent company of a bank ” means all of the following: (a) A company that previously had a controlling interest in a bank;  savings and loan

association;  savings bank;  credit union;  or association of banks, savings and loan

associations, savings banks, or credit unions in this state; (b) A company that has sold, divested, or otherwise dissolved the company's controlling

interest in that bank;  savings and loan association;  savings bank;  credit union;

 or association of banks, savings and loan associations, savings banks, or credit

unions in this state; (c) A company that had persons appointed and commissioned as police officers pursuant

to division (A) of this section at that bank;  savings and loan association;  savings

bank;  credit union;  or association of banks, savings and loan associations, savings

banks, or credit unions in this state for at least three years prior to the date that

the company sold, divested, or otherwise dissolved the company's controlling interest

in that bank;  savings and loan association;  savings bank;  credit union;  or association

of banks, savings and loan associations, savings banks, or credit unions in this state. (B) Upon the application of a company owning or using a railroad in this state and subject

to section 4973.171 of the Revised Code , the secretary of state may appoint and commission any persons that the railroad

company designates, or as many of those persons as the secretary of state considers

proper, to act as police officers for and on the premises of the railroad company,

its affiliates or subsidiaries, or elsewhere, when directly in the discharge of their

duties.  Police officers so appointed, within the time set by the Ohio peace officer training

commission, shall successfully complete a commission approved training program and

be certified by the commission.  They shall hold office for three years, unless, for good cause shown, their commission

is revoked by the secretary of state, or railroad company, as provided by law. Any person holding a similar commission in another state may be commissioned and may

hold office in this state without completing the approved training program required

by this division provided that the person has completed a substantially equivalent

training program in the other state.  The Ohio peace officer training commission shall determine whether a training program

in another state meets the requirements of this division. (C) Upon the application of any company under contract with the United States atomic

energy commission for the construction or operation of a plant at a site owned by

the commission, the secretary of state may appoint and commission persons the company

designates, not to exceed one hundred fifty, to act as police officers for the company

at the plant or site owned by the commission.  Police officers so appointed shall be citizens of this state and of good character.  They shall hold office for three years, unless, for good cause shown, their commission

is revoked by the secretary of state or by the company, as provided by law. (D)(1) Upon the application of any hospital that employs and maintains its own proprietary

police department or security department and that satisfies division (D)(1)(a) or

(b) of this section and subject to section 4973.171 of the Revised Code , the secretary of state may appoint and commission any persons that the hospital

designates, or as many of those persons as the secretary of state considers proper,

to act as police officers for the hospital. A hospital described in this division must satisfy either of the following conditions: (a) Be operated by a public hospital agency or nonprofit hospital agency; (b) Be a for-profit hospital that, before converting to for-profit status, was operated

by a nonprofit hospital agency employing police officers appointed under this division. (2) No person who is appointed as a police officer under division (D)(1) of this section

shall engage in any duties or activities as a police officer for the hospital or any

affiliate or subsidiary of the hospital unless all of the following apply: (a) The chief of police of the municipal corporation in which the hospital is located

or, if the hospital is located in the unincorporated area of a county, the sheriff

of that county has granted approval to the hospital to permit persons appointed as

police officers under division (D)(1) of this section to engage in those duties and

activities.  The approval required by this division is general in nature and is intended to cover

in the aggregate all persons appointed as police officers for the hospital under division

(D)(1) of this section;  a separate approval is not required for each appointee on

an individual basis. (b) Subsequent to the grant of approval described in division (D)(2)(a) of this section,

the hospital has entered into a written agreement with the chief of police of the

municipal corporation in which the hospital is located or, if the hospital is located

in the unincorporated area of a county, with the sheriff of that county, that sets

forth the standards and criteria to govern the interaction and cooperation between

persons appointed as police officers for the hospital under division (D)(1) of this

section and law enforcement officers serving the agency represented by the chief of

police or sheriff who signed the agreement in areas of their concurrent jurisdiction.  The written agreement shall be signed by the appointing authority of the hospital

and by the chief of police or sheriff.  The standards and criteria may include, but are not limited to, provisions governing

the reporting of offenses discovered by hospital police officers to the agency represented

by the chief of police or sheriff, provisions governing investigatory responsibilities

relative to offenses committed on hospital property, and provisions governing the

processing and confinement of persons arrested for offenses committed on hospital

property.  The agreement required by this division is intended to apply in the aggregate to

all persons appointed as police officers for the hospital under this division;  a

separate agreement is not required for each appointee on an individual basis. (c) The person has successfully completed a training program approved by the Ohio peace

officer training commission and has been certified by the commission.  A person appointed as a police officer under division (D)(1) of this section may

attend a training program approved by the commission and be certified by the commission

regardless of whether the appropriate chief of police or sheriff has granted the approval

described in division (D)(2)(a) of this section and regardless of whether the hospital

has entered into the written agreement described in division (D)(2)(b) of this section

with the appropriate chief of police or sheriff. (3)(a) A person who is appointed as a police officer under division (D)(1) of this section

is entitled, upon the grant of approval described in division (D)(2)(a) of this section

and upon the person's and the hospital's compliance with the requirements of divisions

(D)(2)(b) and (c) of this section, to act as a police officer for the hospital on

the premises of the hospital and of its affiliates and subsidiaries that are within

the territory of the municipal corporation served by the chief of police or the unincorporated

area of the county served by the sheriff who signed the written agreement described

in division (D)(2)(b) of this section, whichever is applicable, and anywhere else

within the territory of that municipal corporation or within the unincorporated area

of that county.  The authority to act as a police officer as described in this division is granted

only if the person, when engaging in that activity, is directly in the discharge of

the person's duties as a police officer for the hospital.  The authority to act as a police officer as described in this division shall be

exercised in accordance with the standards and criteria set forth in the written agreement

described in division (D)(2)(b) of this section. (b) Additionally, a person appointed as a police officer under division (D)(1) of this

section is entitled, upon the grant of approval described in division (D)(2)(a) of

this section and upon the person's and the hospital's compliance with the requirements

of divisions (D)(2)(b) and (c) of this section, to act as a police officer elsewhere,

within the territory of a municipal corporation or within the unincorporated area

of a county, if the chief of police of that municipal corporation or the sheriff of

that county, respectively, has granted approval for that activity to the hospital,

police department, or security department served by the person as a police officer

and if the person, when engaging in that activity, is directly in the discharge of

the person's duties as a police officer for the hospital.  The approval described in this division may be general in nature or may be limited

in scope, duration, or applicability, as determined by the chief of police or sheriff

granting the approval. (4) Police officers appointed under division (D)(1) of this section shall hold office

for three years, unless, for good cause shown, their commission is revoked by the

secretary of state or by the hospital, as provided by law. (5) Notwithstanding section 2744.02 of the Revised Code , the municipal corporation in which the hospital is located or, if the hospital is

located in the unincorporated area of a county, the county is immune from civil or

criminal liability in any action brought under the laws of this state if all of the

following apply: (a) The action arises out of the actions of a police officer appointed under division

(D)(1) of this section. (b) The actions of the police officer are directly in the discharge of the person's duties

as a police officer for the hospital. (c) The actions of the police officer occur on the premises of the hospital or its affiliates

or subsidiaries that are within the territory of the municipal corporation served

by the chief of police or the unincorporated area of the county served by the sheriff

who signed the agreement described in division (D)(2)(b) of this section, whichever

is applicable, or anywhere else within the territory of that municipal corporation

or within the unincorporated area of that county. (6) A court's finding of tort liability of any public hospital agency, nonprofit hospital

agency, or for-profit hospital for any actions of a police officer appointed for the

applicable hospital agency or for-profit hospital under division (D)(1) of this section

is not subject to apportionment of tort liability under sections 2307.22 and 2307.23 of the Revised Code with the municipal corporation or the county in which a written agreement as described

in division (D)(2)(b) of this section is in effect. (7) Nothing in division (D)(5) of this section shall be construed as granting immunity

from civil or criminal liability for any actions occurring on the premises of any

hospital operated by a public hospital agency or nonprofit hospital agency, on the

premises of any for-profit hospital, or on the premises of that hospital's affiliate

or subsidiary to any of the following: (a) Any police officer appointed under division (D)(1) of this section; (b) Any hospital that applied for the appointment of any police officer under division

(D)(1) of this section, or any affiliate or subsidiary of the hospital; (c) Any other police or security officer who is employed by, or whose services are utilized

by, any hospital operated by a public hospital agency or a nonprofit hospital agency,

any for-profit hospital, or any affiliate or subsidiary of the hospital; (d) Any entity that supplies the services of police or security officers to any hospital

operated by a public hospital agency or a nonprofit hospital agency, any for-profit

hospital, or any affiliate or subsidiary of the hospital. (8) As used in division (D) of this section: (a) “Public hospital agency” and “nonprofit hospital agency” have the same meanings as

in section 140.01 of the Revised Code . (b) “ Tort liability ” means the liability of a party as determined by a court in a tort action as defined

in section 2307.011 of the Revised Code . (E)(1) Upon the application of any owner or operator of an amusement park that has an average

yearly attendance in excess of six hundred thousand guests and that employs and maintains

its own proprietary police department or security department and subject to section 4973.171 of the Revised Code , any judge of the municipal court or county court that has territorial jurisdiction

over the amusement park may appoint and commission any persons that the owner or operator

designates, or as many of those persons as the judge considers proper, to act as police

officers for the amusement park.  If the amusement park is located in more than one county, any judge of the municipal

court or county court of any of those counties may make the appointments and commissions

as described in this division.  No person who is appointed as a police officer under this division shall engage

in any duties or activities as a police officer for the amusement park or any affiliate

or subsidiary of the owner or operator of the amusement park unless all of the following

apply: (a) The appropriate chief or chiefs of police of the political subdivision or subdivisions

in which the amusement park is located as specified in this division have granted

approval to the owner or operator of the amusement park to permit persons appointed

as police officers under this division to engage in those duties and activities.  If the amusement park is located in a single municipal corporation or a single township,

the chief of police of that municipal corporation or township is the appropriate chief

of police for the grant of approval under this division.  If the amusement park is located in two or more townships, two or more municipal

corporations, or one or more townships and one or more municipal corporations, the

chiefs of police of all of the affected townships and municipal corporations are the

appropriate chiefs of police for the grant of approval under this division, and the

approval must be jointly granted by all of those chiefs of police.  The approval required by this division is general in nature and is intended to cover

in the aggregate all persons appointed as police officers for the amusement park under

this division.  A separate approval is not required for each appointee on an individual basis. (b) Subsequent to the grant of approval described in division (E)(1)(a) of this section,

the owner or operator has entered into a written agreement with the appropriate chief

or chiefs of police of the political subdivision or subdivisions in which the amusement

park is located as specified in this division and has provided the sheriff of the

county in which the political subdivision or subdivisions are located with a copy

of the agreement.  If the amusement park is located in a single municipal corporation or a single township,

the chief of police of that municipal corporation or township is the appropriate chief

of police for entering into the written agreement under this division.  If the amusement park is located in two or more townships, two or more municipal

corporations, or one or more townships and one or more municipal corporations, the

chiefs of police of all of the affected townships and municipal corporations are the

appropriate chiefs of police for entering into the written agreement under this division,

and the written agreement must be jointly entered into by all of those chiefs of police.  The written agreement between the owner or operator and the chief or chiefs of police

shall address the scope of activities, the duration of the agreement, and mutual aid

arrangements and shall set forth the standards and criteria to govern the interaction

and cooperation between persons appointed as police officers for the amusement park

under this division and law enforcement officers serving the agency represented by

the chief of police who signed the agreement.  The written agreement shall be signed by the owner or operator and by the chief

or chiefs of police who enter into it.  The standards and criteria may include, but are not limited to, provisions governing

the reporting of offenses discovered by the amusement park's police officers to the

agency represented by the chief of police of the municipal corporation or township

in which the offense occurred, provisions governing investigatory responsibilities

relative to offenses committed on amusement park property, and provisions governing

the processing and confinement of persons arrested for offenses committed on amusement

park property.  The agreement required by this division is intended to apply in the aggregate to

all persons appointed as police officers for the amusement park under this division.  A separate agreement is not required for each appointee on an individual basis. (c) The person has successfully completed a training program approved by the Ohio peace

officer training commission and has been certified by the commission.  A person appointed as a police officer under this division may attend a training

program approved by the commission and be certified by the commission regardless of

whether the appropriate chief of police has granted the approval described in division

(E)(1)(a) of this section and regardless of whether the owner or operator of the amusement

park has entered into the written agreement described in division (E)(1)(b) of this

section with the appropriate chief of police. (2)(a) A person who is appointed as a police officer under division (E)(1) of this section

is entitled, upon the grant of approval described in section (E)(1)(a) of this section

and upon the person's and the owner or operator's compliance with the requirements

of division (E)(1)(b) and (c) of this section, to act as a police officer for the

amusement park and its affiliates and subsidiaries that are within the territory of

the political subdivision or subdivisions served by the chief of police, or respective

chiefs of police, who signed the written agreement described in division (E)(1)(b)

of this section, and upon any contiguous real property of the amusement park that

is covered by the written agreement, whether within or adjacent to the political subdivision

or subdivisions.  The authority to act as a police officer as described in this division is granted

only if the person, when engaging in that activity, is directly in the discharge of

the person's duties as a police officer for the amusement park.  The authority to act as a police officer as described in this division shall be

exercised in accordance with the standards and criteria set forth in the written agreement

described in division (E)(1)(b) of this section. (b) In addition to the authority granted under division (E)(2)(a) of this section, a

person appointed as a police officer under division (E)(1) of this section is entitled,

upon the grant of approval described in division (E)(1)(a) of this section and upon

the person's and the owner or operator's compliance with the requirements of divisions

(E)(1)(b) and (c) of this section, to act as a police officer elsewhere within the

territory of a municipal corporation or township if the chief of police of that municipal

corporation or township has granted approval for that activity to the owner or operator

served by the person as a police officer and if the person, when engaging in that

activity, is directly in the discharge of the person's duties as a police officer

for the amusement park.  The approval described in this division may be general in nature or may be limited

in scope, duration, or applicability, as determined by the chief of police granting

the approval. (3) Police officers appointed under division (E)(1) of this section shall hold office

for five years, unless, for good cause shown, their commission is revoked by the appointing

judge or the judge's successor or by the owner or operator, as provided by law. (F) A fee of fifteen dollars for each commission applied for under this section shall

be paid at the time the application is made, and this amount shall be returned if

for any reason a commission is not issued.