SB 273 — Enact the Keep Them Safe Act

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273 Page136th 2G.A. As Passed by the Senate (4) "Political subdivision" has the same meaning as in 18 section 2744.01 of the Revised Code.

19 (B) AnyThe personmoney whocredited holds legal title to athe firearmsecurity, orinvestigations, hasand 20policing authorityfund fromshall anotherbe personused who holds legal title to apay firearmthe 21costs may,of: upon application and agreement, store a firearm with a 22 federally licensed firearms dealer or with a law enforcement 23 agency pursuant to this section.

24(1) (C)Providing Thesecurity followingfor termsthe applygovernor, toother eligible individuals, officials, and dignitaries, the storagecapitol ofsquare, aand firearmother 25state withproperty apursuant federallyto licenseddivision firearms(E) dealerof undersection this5503.02 section:of the Revised Code;

26(2) (1)Undertaking Themajor dealercriminal mayinvestigations notthat enterinvolve intostate anproperty agreementinterests; for firearm 27 storage if the dealer's federal firearms license will expire 28 during the term of storage, unless the dealer has submitted a 29 timely renewal application to the federal bureau of alcohol, 30 tobacco, firearms, and explosives and is authorized to continue 31 operations under federal law.

32(3) (2)Providing Thetraffic dealercontrol shalland followsecurity allfor federalthe lawsOhio regardingexpositions 33commission acquisition,on transfer,a andfull-time, dispositionyear-round ofbasis; firearms pursuant to 34 U.S.C.

921(4) etPerforming seq.nonhighway-related duties of the state highway patrol at the Ohio state fair.

andSec. 26 U.S.C.

535503.02. et seq.

35(A) (3)The Astate dealerhighway maypatrol establishshall theenforce dealer's own policies and 36 procedures regarding the acceptancelaws and return of a firearm and 37 provide a copy of the policiesstate andrelating procedures to anythe persontitling, 38registration, placingand alicensing firearmof inmotor storagevehicles; with that dealer.

39enforce (4)on Noall dealerroads shalland returnhighways, anotwithstanding firearmsection to4513.39 aof person if the 40Revised returnCode, of the firearmlaws wouldrelating resultto inthe aoperation directand violationuse of 41vehicles stateon orthe federalhighways; law.

42enforce (D)and Theprevent followingthe termsviolation applyof the laws relating to storagethe size, weight, and speed of acommercial firearmmotor withvehicles 43and aall lawlaws enforcementdesigned agencyfor underthe thisprotection section:of the highway pavements and structures on the highways;

44investigate (1)and Aenforce lawrules enforcementand agencylaws mayof establishthe policiespublic 45utilities Sub.commission governing the transportation of persons and property by motor carriers and report violations of such rules and laws to the commission;

enforce against any motor carrier as defined in section 4923.01 of the Revised Code those rules and laws that, if violated, may result in a forfeiture as provided in section 4923.99 of the Revised Code;

investigate and report violations of all laws relating to the collection of excise taxes on motor vehicle fuels;

and regulate the movement of traffic on the roads and highways of the state, notwithstanding section 4513.39 of the Revised Code.

The patrol, whenever possible, shall determine the identity of the persons who are causing or who are responsible for the breaking, damaging, or destruction of any improved surfaced roadway, structure, sign, marker, guardrail, or other appurtenance constructed or maintained by the department of transportation and shall arrest the persons who are responsible for the breaking, damaging, or destruction and bring them before the proper officials for prosecution.

State highway patrol troopers shall investigate and report all motor vehicle accidents on all roads and highways outside of municipal corporations.

The superintendent of the patrol or any state highway patrol trooper may arrest, without a warrant, any person, who is the driver of or a passenger in any vehicle operated or standing on a state highway, whom the superintendent or trooper has reasonable cause to believe is guilty of a felony, under the same circumstances and with the same power that any peace officer may make such an arrest.

The superintendent or any state highway patrol trooper may enforce the criminal laws on all state properties and state institutions, owned or leased by the state, and, when so ordered by the governor in the event of riot, civil disorder, or insurrection, may, pursuant to sections 2935.03 to 2935.05 of the Revised Code, arrest offenders against the criminal laws wherever they may be found within the state if the violations occurred upon, or resulted in injury to person or property on, state properties or state institutions, or under the conditions described in division (B) of this section.

This Am.

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273 Page136th 3G.A. As Passed by the Senate regarding the return of firearms.

46authority (2)of Nothe lawsuperintendent enforcementand agencyany shallstate returnhighway apatrol firearmtrooper ifto 47enforce the returncriminal oflaws shall extend to the firearmLake wouldErie resultCorrectional inInstitution aand directthe violationNortheast ofOhio 48Correctional stateCenter, orto federalthe law.same extent as if those prisons were owned by this state.

49(B) (E)In Nothingthe event of riot, civil disorder, or insurrection, or the reasonable threat of riot, civil disorder, or insurrection, and upon request, as provided in this sectionsection, shallof bethe construedsheriff asof a 50county requirementor forthe mayor or other chief executive of a federallymunicipal licensedcorporation, firearmsthe dealergovernor may order the state highway patrol to enforce the criminal laws within the area threatened by riot, civil disorder, or lawinsurrection, 51as designated by the governor, upon finding that law enforcement agencyagencies towithin acceptthe acounties firearminvolved forwill storagenot pursuantbe toreasonably 52capable thisof section.controlling the riot, civil disorder, or insurrection and that additional assistance is necessary.

53In (F)cities Nothing in thiswhich sectionthe shallsheriff beis construedunder ascontract ato 54provide requirementexclusive forpolice aservices federallypursuant licensedto firearmssection dealer311.29 orof lawthe 55Revised enforcementCode, agencyin tovillages, acceptand ain firearmthe orunincorporated firearmsareas forof voluntarythe 56county, storagethe freesheriff has exclusive authority to request the use of charge.the patrol.

57In (G)cities Ain federallywhich licensed firearms dealer that accepts the 58sheriff storagedoes ofnot aexclusively firearmprovide underpolice thisservices, sectionthe ismayor, immune from liability 59 in a civil action for any injury, death, or lossother tochief personexecutive orperforming 60 property that allegedly is caused by or related to the 61duties acceptance, storage, or return of amayor, firearmhas unlessexclusive theauthority federally 62 licensed firearms dealer acts with malicious purpose or intent 63 to withholdrequest the returnuse of the firearmpatrol. without legal cause.

64The (H)superintendent Aor lawany enforcementstate agencyhighway orpatrol politicaltrooper subdivisionmay isenforce 65the immunecriminal fromlaws liabilitywithin inthe aarea civildesignated action,by tothe governor during the extentemergency andarising inout 66of the mannerriot, providedcivil indisorder, Chapteror 2744.insurrection until released by the governor upon consultation with the requesting authority.

ofState thehighway Revisedpatrol Code,troopers forshall 67never anybe injury,used death,as orpeace lossofficers toin personconnection orwith propertyany thatstrike allegedly 68 is caused by or relatedlabor todispute. the acceptance, storage, or return of 69 a firearm.

70When (I)a Ifrequest afor courtthe use of competentthe jurisdictionpatrol findsis thatmade apursuant 71to federallythis licenseddivision, firearmsthe dealerrequesting orauthority shall notify the law enforcement agencyauthorities 72in withheldcontiguous returncommunities and the sheriff of aeach firearmcounty orwithin firearmswhich afterthe athreatened demandarea, wasor madeany 73part forof the returnthreatened byarea, alies personof whothe holdsrequest, legalbut titlethe failure to notify the storedauthorities 74or Sub.a sheriff shall not affect the validity of the request.

(C) Any person who is arrested by the superintendent or a state highway patrol trooper shall be taken before any court or magistrate having jurisdiction of the offense with which the person is charged.

Any person who is arrested or apprehended within the limits of a municipal corporation shall be brought before the municipal court or other tribunal of the municipal corporation.

(D)(1) State highway patrol troopers have the same right and power of search and seizure as other peace officers.

No state official shall command, order, or direct any state highway patrol trooper to perform any duty or service that is not authorized by law.

The powers and duties conferred on the patrol are supplementary to, and in no way a limitation on, the powers and duties of sheriffs or other peace officers of the state.

(2)(a) A state highway patrol trooper, pursuant to the policy established by the superintendent of the state highway patrol under division (D)(2)(b) of this section, may render emergency assistance to any other peace officer who has arrest authority under section 2935.03 of the Revised Code, if both of the following apply:

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273 Page136th 4G.A. As Passed by the Senate firearm or a person who has authority from the person who holds 75 legal title to the stored firearm, without legal cause, in 76 addition to any other relief ordered, the court shall award 77 reasonable costs and attorney's fees to the person who sought a 78 court order finding the firearm stored was illegally withheld.

79(i) (J)There Anyis information submitted by a personthreat inof animminent 80physical applicationdanger or agreement to storethe apeace firearmofficer, with a federallythreat 81of licensedphysical firearmsharm dealer or a law enforcement agency pursuant to 82another thisperson, sectionor is confidential, is not a public record under 83 section 149.43 of the Revised Code, and may not be used for any 84other purposeserious exceptemergency assituation; described under this section.

85(ii) SectionEither 2.the peace officer requests emergency assistance, or it appears that the peace officer is unable to request emergency assistance and the circumstances observed by the state highway patrol trooper reasonably indicate that emergency assistance is appropriate, or the peace officer requests emergency assistance and in the request the peace officer specifies a particular location and the state highway patrol trooper arrives at that location prior to the time that the peace officer arrives at that location and the circumstances observed by the state highway patrol trooper reasonably indicate that emergency assistance is appropriate.

This(b) actThe superintendent of the state highway patrol shall beestablish, knownwithin assixty days of August 8, 1991, a policy that sets forth the Keepmanner Themand Safeprocedures 86by Act.which a state highway patrol trooper may render emergency assistance to any other peace officer under division (D)(2)(a) of this section.

87The policy shall include a provision that a state highway patrol trooper never be used as a peace officer in connection with any strike or labor dispute.

(3)(a) A state highway patrol trooper who renders emergency assistance to any other peace officer under the policy established by the superintendent pursuant to division (D)(2)(b) of this section shall be considered to be performing regular employment for the purposes of compensation, pension, indemnity fund rights, workers' compensation, and other rights or benefits to which the trooper may be entitled as incident to regular employment.

(b) A state highway patrol trooper who renders emergency assistance to any other peace officer under the policy established by the superintendent pursuant to division (D)(2)(b) of this section retains personal immunity from liability as specified in section 9.86 of the Revised Code.

(c) A state highway patrol trooper who renders emergency assistance under the policy established by the superintendent pursuant to division (D)(2)(b) of this section has the same authority as the peace officer for or with whom the state highway patrol trooper is providing emergency assistance.

(E)(1) Subject to the availability of funds specifically appropriated by the general assembly for security detail purposes, the state highway patrol shall provide security as follows:

(a)(a)(i) For the governor, the lieutenant governor, the governor-elect, the lieutenant governor-elect, and, at the direction of the governor, any eligible candidate and immediate family as defined in section 102.01 of the Revised Code;

(ii) For the purpose of division (E)(1)(a)(i) of this division, "eligible candidate" means any of the following:

(I) A candidate for the office of governor or lieutenant governor, upon being nominated in a primary election as a party candidate for election at the next general election by a major political party as defined in division (F)(1) of section 3501.01 of the Revised Code, as of the date that the results of the unofficial count conducted by the boards of elections under section 3505.30 of the Revised Code indicate that the candidate received the most votes in the primary election;

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(II) A major political party's candidate for the office of governor or lieutenant governor, upon being certified to fill a vacancy on a general election ballot under division (E) of section 3513.311 of the Revised Code.

(b) At the direction of the governor, for other officials of the state government of this state;

officials of the state governments of other states who are visiting this state;

officials of the United States government who are visiting this state;

officials of the governments of foreign countries or their political subdivisions who are visiting this state;

or other officials or dignitaries who are visiting this state, including, but not limited to, members of trade missions;

(c) For the capitol square, as defined in section 105.41 of the Revised Code;

(d) For the Vern Riffe center and the James A.

Rhodes state office tower, as directed by the department of public safety;

(e) For other state property.

(2) To carry out the security responsibilities of the patrol listed in division (E)(1) of this section, the superintendent may assign state highway patrol troopers to a separate executive protection unit that is responsible for security details, whether on a permanent or temporary basis.

The number of troopers assigned to particular security details shall be determined by the superintendent.

(3) The superintendent and any state highway patrol trooper, when providing security as part of the executive protection unit pursuant to division divisions (E)(1) and (2) of this section, have the same arrest powers as other peace officers to apprehend offenders against the criminal laws who endanger or threaten the security of any person or state property being protected under division (E) of this section, no matter where the offense occurs.

This arrest authority is concurrent with that of any other peace officer, as defined in section 2935.01 of the Revised Code, or any other law enforcement officer, as defined in section 2901.01 of the Revised Code, with jurisdiction at the respective location.

The superintendent, any state highway patrol trooper, and any special police officer designated under section 5503.09 of the Revised Code, if providing security pursuant to division (E) (1)(c) of this section as part of the executive protection unit, shall enforce any rules governing capitol square adopted by the capitol square review and advisory board.

(F) The governor may order the state highway patrol to undertake major criminal investigations that involve state property interests.

If an investigation undertaken pursuant to this division results in either the issuance of a no bill or the filing of an indictment, the superintendent shall file a complete and accurate report of the investigation with the president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives within fifteen days after the issuance of the no bill or the filing of an indictment.

If the investigation does not have as its result any prosecutorial action, the superintendent shall, upon reporting this fact to the governor, file a complete and accurate report of the investigation with the president of the senate, the speaker of the house of representatives, the Am.

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minority leader of the senate, and the minority leader of the house of representatives.

(G) The superintendent may purchase or lease real property and buildings needed by the patrol, negotiate the sale of real property owned by the patrol, rent or lease real property owned or leased by the patrol, and make or cause to be made repairs to all property owned or under the control of the patrol.

Any instrument by which real property is acquired pursuant to this division shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.

Sections 123.01 and 125.02 of the Revised Code do not limit the powers granted to the superintendent by this division.

S ECTION 2.

That existing sections 4501.11 and 5503.02 of the Revised Code are hereby repealed.

S ECTION3.

All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund.

For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027.

The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.

S ECTION4.

2 3 4 5 A DPS DEPARTMENT OF PUBLIC SAFETY B Highway Safety Fund Group C 8400 764617 Security and Investigations $250,000 $9,750,000 D Highway Safety Fund Group Total $250,000 $9,750,000 E TOTALALL BUDGET FUND GROUPS $250,000 $9,750,000 SECURITYAND INVESTIGATIONS On the effective date of this section, or as soon as possible thereafter, the Director of Budget and Management shall transfer $10,000,000 from the General Revenue Fund to the Security, Investigations, and Policing Fund (Fund 8400).

The foregoing appropriation item 764617, Security and Investigations, shall be used by the Am.

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State Highway Patrol to provide security, at the direction of the Governor, for any major political party candidate for the office of governor or lieutenant governor, and the immediate family, in the months leading up to the 2026 general election.

Of the foregoing appropriation item 764617, Security and Investigations, $2,000,000 in fiscal year 2027 shall be used by the Department of Public Safety to reimburse law enforcement agencies for costs incurred for assisting the State Highway Patrol, at the request of the State Highway Patrol, to provide security for any major political party candidate for the office of governor or lieutenant governor in the months leading up to the 2026 general election as provided after the effective date of this section.

Law enforcement agencies shall submit for reimbursement to the Department of Public Safety in a manner prescribed by the Director.

An amount equal to the unexpended, unencumbered balance of the foregoing appropriation item 764617, Security and Investigations, at the end of fiscal year 2026 is hereby reappropriated to the same appropriation item for the same purpose in fiscal year 2027.

S ECTION 5.

Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained.

Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, H.B.

96 of the 136th GeneralAssembly.

S ECTION6.

This act shall be known as the Keep Them SafeAct.

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Speaker ___________________ of the House of Representatives.

President ___________________ of the Senate.

Passed ________________________, 20____ Approved ________________________, 20____ Governor.

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The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code.

Director, Legislative Service Commission.

Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________,A.

D.

20____.

Secretary of State.

File No.

_________ Effective Date ___________________