SB 172 — Specify persons unlawfully present are not privileged from arrest

As ReportedPassed by the Senate Armed Services, Veterans Affairs and Public Safety Committee 136th General Assembly Regular Session S.

Senators Schaffer, JohnsonJohnson, Brenner, Cirino, Gavarone, O'Brien To enact section 9.631 of the Revised Code to 1 specify that persons who are unlawfully present 2 in the United States are not privileged from 3 arrest.

16 (2) "Public official" includes all elected or appointed 17 officials, officers, employees, or duly authorized 18 S.representatives or agents of a public office.

19 S.

172 Page 2 As ReportedPassed by the Senate Armed(B)(1) Services,Subject Veteransto Affairsprotections afforded under the United 20 States Constitution and Publicthe SafetyOhio CommitteeConstitution, representativesand 21 notwithstanding any contrary provision of the Revised Code, no 22 person who is, or agentsis suspected of being, unlawfully present in 23 the United States is privileged from arrest, detention, or being 24 taken into or held in custody by a publicfederal, office.state, or local law 25 enforcement agency anywhere in this state under any 26 circumstances, with or without a warrant, and regardless of 27 whether the proceedings are administrative, civil, or criminal 28 in nature, for removal or other immigration related purposes or 29 proceedings.

19 (B)(1) Subject to protections afforded under the United 20 States Constitution and the Ohio Constitution, and 21 notwithstanding any contrary provision of the Revised Code, no 22 person who is, or is suspected of being, unlawfully present in 23 the United States is privileged from arrest, detention, or being 24 taken into or held in custody by a federal, state, or local law 25 enforcement agency anywhere in this state under any 26 circumstances, with or without a warrant, and regardless of 27 whether the proceedings are administrative, civil, or criminal 28 in nature, for removal or other immigration related purposes or 29 proceedings.

44 (3) Obstruct or otherwise interfere, directly or 45 indirectly, with a federal, state, or local law enforcement 46 agency or officer who is arresting or detaining a person, taking 47 a person into custody, or holding a person in custody as 48 S.

172 Page 3 As ReportedPassed by the Senate Armed Services, Veterans Affairs and Public Safety Committee a person into custody, or holding a person in custody as 48 permitted under division (B)(1) of this section;