OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 290 Bill Analysis
134th General Assembly
Click here for S.B. 290’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Hoagland
Effective Date:
Dennis M. Papp, Attorney
SUMMARY
 Exempts “qualifying military veterans” from the basic training otherwise required for
initial appointment or hiring in a specified law enforcement capacity.
 Defines a “qualifying military veteran” as a person to whom each of the following
applies:
 The person served in the armed forces of the United States and has a report of
separation from active military service, Form DD-214 or DD-215, or an equivalent
document;
 The person’s discharge from the armed forces was an honorable discharge; and
 The person’s “military service designation” (the person’s military occupation
specialty (MOS), Navy enlisted classification (NEC), or Air Force specialty code (AFSC)
that applied while the person served in the U.S. Armed Forces) indicates that the
person’s service was in special operations.
 Modifies numerous provisions that pertain to persons serving in specified law
enforcement capacities after satisfying the current training required for service in that
capacity, so that the provisions also will apply to persons serving in the capacities under
authority of the bill’s provisions providing an exception to the training requirement.
TABLE OF CONTENTS
Qualifying military veteran ............................................................................................................. 2
Peace officer basic training ............................................................................................................. 3
Original appointment or service in a specified category of peace officer .................................. 3
Current law ............................................................................................................................. 3
Operation of the bill ............................................................................................................... 4
Original appointment or service as a veterans’ home police officer .......................................... 4
April 5, 2022
Office of Research and Drafting LSC Legislative Budget Office
Exceptions to OPOTC training requirement ................................................................................ 5
Exceptions............................................................................................................................... 5
Effect of appointment under bill’s exception......................................................................... 6
Required criminal records check and background check ............................................................... 6
Subsequent conviction – effect on certificate or employment ...................................................... 7
Current law .................................................................................................................................. 7
Operation of the bill .................................................................................................................... 7
Rules regarding specified types of peace officer training .............................................................. 8
Qualifications and training for sheriffs ........................................................................................... 8
Current law .................................................................................................................................. 8
Operation of the bill .................................................................................................................... 9
Training for municipal and township police chiefs ......................................................................... 9
State Highway Patrol training ....................................................................................................... 10
Appointment and training ......................................................................................................... 10
Exception to OSHP training requirement .................................................................................. 10
Continuing education requirements ............................................................................................. 11
Peace officers in general and troopers ..................................................................................... 11
Sheriffs ....................................................................................................................................... 11
Annual firearms requalification program ..................................................................................... 12
Peace officer guilty plea and conviction procedures .................................................................... 12
Current law ................................................................................................................................ 12
Operation of the bill .................................................................................................................. 13
DETAILED ANALYSIS
The bill exempts “qualifying military veterans” from the basic training otherwise
required for initial appointment or hiring in a specified law enforcement capacity.
Qualifying military veteran
The bill defines a “qualifying military veteran” as a person to whom each of the
following applies:1
1. The person served in the armed forces of the United States and has a report of
separation from active military service, Form DD-214 or DD-215, or an equivalent
document;
2. The person’s discharge from the armed forces was an honorable discharge; and
1 R.C. 109.71(I) and (J); also R.C. 109.803, 109.804, 311.01, 2929.43, 5503.01, and 5503.05.
P a g e |2 S.B. 290
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
3. The person’s “military service designation” indicates that the person’s service was in
special operations. As used in this provision, “military service designation” means a
person’s military occupation specialty (MOS), Navy enlisted classification (NEC), or Air
Force specialty code (AFSC) that applied while the person served in the U.S. Armed
Forces.
Peace officer basic training
Original appointment or service in a specified category of peace
officer
Current law
Current law identifies ten categories of peace officers (see below) and specifies that,
notwithstanding any law or charter to the contrary, and subject to specified exceptions (see
below), no person may receive an original appointment on a permanent basis as a peace officer
in any of the categories unless either the person previously has been awarded a certificate by
the Executive Director of the Ohio Peace Officer Training Commission (OPOTC) attesting to the
person’s satisfactory completion of an approved peace officer basic training program.
Current law also identifies eight categories of peace officers (see below) and specifies
that a person appointed on a temporary basis or for a probationary term or on other than a
permanent basis in any of the categories must forfeit the appointed position unless the person
previously has completed satisfactorily or, within the time prescribed by rules adopted by the
Attorney General (the AG), satisfactorily completes an approved peace officer basic training
program applicable for temporary or probationary officers and is awarded a certificate by the
OPOTC’s Executive Director attesting to the satisfactory completion of the program.
Current law identifies types of training (e.g., training in handling domestic violence
offenses and incidents, protection orders, crisis intervention, companion animal encounters
and behavior, handling of missing children and child abuse and neglect cases, etc.) that must be
included in the training programs. Exceptions to the OPOTC training requirement and identified
types of training are provided for certain officers already serving on a specified date.
The categories of peace officers with respect to which these provisions apply are: (1) a
county, township, municipal corporation, regional transit authority, or metropolitan housing
authority peace officer, (2) a Department of Natural Resources natural resources law
enforcement staff officer, forest-fire investigator, wildlife officer, or natural resources officer,
(3) an employee of a park district under R.C. 511.232 or 1545.13, (4) an employee of a
conservancy district designated under R.C. 6101.75, (5) a state university law enforcement
officer (the temporary basis/probationary term provision described above does not apply to
this category), (6) a Department of Mental Health and Addiction Services or Department of
Developmental Disabilities special police officer employed under R.C. 5119.08 or 5123.13, (7) a
Department of Public Safety enforcement agent designated under R.C. 5502.14, (8) a port
authority special police officer employed under R.C. 4582.04 or 4582.28, (9) a special police
officer employed by a municipal corporation at a municipal airport, or other municipal air
navigation facility, in specified circumstances, or (10) a gaming agent employed under
P a g e |3 S.B. 290
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
R.C. 3772.03 (the temporary basis/probationary term provision described above does not apply
to this category).2
Operation of the bill
The bill adds as an alternative to the OPOTC training requirement described above that
the person qualifies for such an appointment under the qualifying military veteran exception it
adds, described below in “Exceptions to OPOTC training requirement,” and
specifies that the requirement for the identified types of training does not apply with respect to
a person serving as a peace officer who is a qualifying military veteran eligible for the position
under any of those exceptions.3
Related to this expansion, in provisions that currently require in specified cases the
issuance of a certificate issued by the OPOTC’s Executive Director attesting to a person’s
satisfactory completion of specified training as a criterion for qualifying as a “peace officer”
under the OPOTC Law’s definition of that term, the bill adds as an alternative to the OPOTC
training requirement that the person is a qualifying military veteran eligible for the position
under the exception it adds, described below in “Exceptions to OPOTC training
requirement.” The categories of law enforcement personnel to which these provisions apply
are: state university law enforcement officers; State Highway Patrol (OSHP) special police
officers; port authority special police officers; special police officers employed by a municipal
corporation at a municipal airport or other municipal air navigation facility, in specified
circumstances; police officers employed by a bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan associations, savings banks, or credit
unions, when appointed and commissioned by the Secretary of State; and State Fire Marshal
law enforcement officers.4
Original appointment or service as a veterans’ home police officer
Current law specifies that no person may receive an original appointment on a
permanent basis as a veterans’ home police officer unless the person previously has been
awarded a certificate by the OPOTC’s Executive Director attesting to the person’s satisfactory
completion of an approved police officer basic training program, and that every person
appointed on a temporary basis or for a probationary term or on other than a permanent basis
as such an officer must forfeit that position unless the person previously has completed
satisfactorily or, within one year from the time of appointment, satisfactorily completes an
approved police officer basic training program.
The bill adds as an alternative to the OPOTC training requirement described above that
the person qualifies for such an appointment under the qualifying military veteran exception it
adds, described below in “Exceptions to OPOTC training requirement,” and
2 R.C. 109.77(B)(1) to (5) and (I).
3 R.C. 109.77(B)(1) to (3) and (I).
4 R.C. 109.71(A)(12), (17) to (19), (21), and (23).
P a g e |4 S.B. 290
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
specifies that the requirement for the identified types of training does not apply with respect to
a person serving as a peace officer who is a qualifying military veteran eligible for the position
under any of those exceptions.5
Exceptions to OPOTC training requirement
Exceptions
The bill enacts an exception to the OPOTC training requirements described above.
Under the bill, in the circumstances described in this paragraph, any qualifying military veteran
may receive an original appointment to any position specified in any of the provisions described
above, and any qualifying military veteran may continue serving in any of those positions after
having been appointed on a temporary basis or for a probationary term or on other than a
permanent basis to any such position, without having to receive the OPOTC certificate and
training described in the provision or described in a “specific appointment-governing statute”
that applies with respect to the position. In order for a qualifying military veteran to serve in a
position under authority of this provision without having to receive the described certificate
and training, the person must provide to the agency or entity that the person will serve in the
position evidence that the person is a qualifying military veteran, including evidence that the
person satisfies all of the criteria specified in paragraphs (1), (2), and (3) under the definition of
“qualifying military veteran.”6
As used in this provision and the provisions described below with respect to the bill’s
exception: (1) “specific appointment-governing statute” means an R.C. section other than
R.C. 109.77 that provides for the appointment or employment of a specific category of peace
officer covered by the provisions described above, including R.C. 109.571, 306.352, 311.04,
505.49, 509.01, 511.232, 737.052, 737.162, 1501.013, 1501.25, 1531.132, 1545.13, 1702.80,
1713.50, 3345.04, 3735.311, 3772.03, 4582.04, 4582.28, 4973.171, 5119.08, 5123.13, 5502.14,
5743.45, 5907.021, and (2) “appointing authority” means any agency or entity that appoints a
person to any position specified in the provisions described above under “Original
appointment or service in a specified category of peace officer.”
Current law, unchanged by the bill, provides exceptions to the OPOTC training
requirement for persons who have prior service as a peace officer or as a State Highway Patrol
trooper and who satisfy other specified criteria.7
5 R.C. 109.77(C).
6 R.C. 109.77(H)(3)(a).
7 R.C. 109.77(H)(1) and (2).
P a g e |5 S.B. 290
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Effect of appointment under bill’s exception
If a qualifying military veteran is appointed to or serving in any position specified in any
of the provisions described above, under authority of the bill’s exception described above to
the OPOTC training requirement, both of the following apply:8
1. For purposes of any R.C. section that refers to a certificate awarded by the OPOTC’s
Executive Director attesting to the person’s satisfactory completion of an approved
peace officer basic training program, the qualifying military veteran is considered to
have been issued such a certificate, except to the extent that by its context the
reference clearly is not intended to include a qualifying military veteran appointed to or
serving in such a position.
2. All continuing training requirements and firearms requalification requirements, and all
restrictions on continued service of persons serving in such a position, apply to the
qualifying military veteran.
Required criminal records check and background check
Current law specifies that: (1) before a person seeking a certificate completes an
approved peace o