HB 548: Require alcohol, drug testing after officer use of force incident

As Introduced

136th General Assembly

Regular Session

H. B. No. 548

2025-2026

Representative Brewer

Cosponsors: Representatives Brent, Rogers, Lett, Rader

To amend sections 3701.143 and 4117.10 and to enact 1 section 2935.34 of the Revised Code to require 2 testing for alcohol or drugs of abuse after 3 incidents involving an officer's use of force.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3701.143 and 4117.10 be amended 5 and section 2935.34 of the Revised Code be enacted to read as 6 follows:

Sec. 2935.34.

(A) As used in this section:

1. "Controlled substance" has the same meaning as in 9 section 3719.01 of the Revised Code.
2. "Corrections officer" means a person employed by a 11 detention facility as a corrections officer.
3. "Detention facility" means any public or private place 13 used for the confinement of a person charged with or convicted 14 of any crime in this state or another state or under the laws of 15 the United States or alleged or found to be a delinquent child 16 or unruly child in this state or another state or under the laws 17 of the United States.

H. B. No. 548
As Introduced

1. "Drug of abuse" has the same meaning as in section 19 4506.01 of the Revised Code.
2. "Prescription" has the same meaning as in section 21 4729.01 of the Revised Code.
3. "Prohibited concentration of alcohol, a controlled 23 substance, or a metabolite of a controlled substance" means 24 either of the following:

1. A concentration in the person's whole blood, blood 26 serum or plasma, breath, or urine that equals or exceeds an 27 amount specified in division (A) (1) of section 4511.19 of the 28 Revised Code:
2. A concentration in the person's whole blood, blood 30 serum or plasma, breath, or urine that equals or exceeds an 31 amount specified in a collective bargaining agreement entered 32 into under Chapter 4117. of the Revised Code, provided the 33 concentration specified in the agreement is lower than the 34 amount specified in division (A) (1) of section 4511.19 of the 35 Revised Code.

1. "Use of force" means force exerted by a peace officer 37 or corrections officer in the officer's official capacity that 38 results in serious physical harm to property, serious physical 39 harm to persons, or death. "Use of force" includes the discharge 40 of a firearm or the use of a gas or explosive device, except 41 when it occurs in a training or routine practice setting or when 42 it does not cause serious physical harm to persons or property.

(B) Within three hours after an incident involving use of 44 force, a peace officer or corrections officer who engaged in the 45 use of force shall submit to a chemical test to determine the 46 presence and concentration of alcohol, any controlled substance, 47 or a metabolite of a controlled substance in the officer's whole ..... 48 blood, blood serum or plasma, breath, or urine. An officer who ..... 49 was present at the time of the incident, but not engaged in the ..... 50 use of force, is not required to submit to a chemical test. ..... 51

(C) The bodily substance withdrawn under division (B) of ..... 52 this section shall be analyzed in accordance with methods ..... 53 approved by the director of health by an individual possessing a ..... 54 valid permit issued by the director under section 3701.143 of ..... 55 the Revised Code.

(D) If a chemical test administered under this section ..... 57 indicates a prohibited concentration of alcohol, a controlled ..... 58 substance, or a metabolite of a controlled substance, the ..... 59 officer's employer shall report the test results to the ..... 60 prosecutor where the employer is located and to the bureau of ..... 61 criminal identification and investigation if the bureau is ..... 62 investigating the officer's use of force. The prosecutor shall ..... 63 consider whether to prosecute the officer for any offense ..... 64 related to the use of force while under the influence of ..... 65 alcohol, a drug of abuse, or both.

(E) (1) In addition to reporting a chemical test indicating ..... 67 a prohibited concentration of alcohol, a controlled substance, ..... 68 or a metabolite of a controlled substance to a prosecutor as ..... 69 required by division (D) of this section, the officer's employer ..... 70 shall take any corrective or disciplinary action required by an ..... 71 applicable law, ordinance, policy, or collective bargaining ..... 72 agreement, including requiring the officer to attend drug and ..... 73 alcohol counseling if appropriate under the circumstances. ..... 74

(2) An officer who refuses to submit to a chemical test as ..... 75 required under division (B) of this section is subject to ..... 76 corrective or disciplinary action in accordance with division ..... 77

H. B. No. 548

As Introduced

(E) (1) of this section as though the officer had submitted to ..... 78 the test and the results indicated a prohibited concentration of ..... 79 alcohol, a controlled substance, or a metabolite of a controlled ..... 80 substance. ..... 81

(F) Divisions (D) and (E) of this section do not apply to ..... 82 a peace officer or corrections officer whose chemical test ..... 83 indicates a prohibited amount of a controlled substance or ..... 84 metabolite of a controlled substance if both of the following ..... 85 apply: ..... 86

1. The officer obtained the controlled substance pursuant ..... 87 to a prescription issued by a licensed health professional ..... 88 authorized to prescribe drugs. ..... 89
2. The officer injected, ingested, or inhaled the ..... 90 controlled substance in accordance with the health ..... 91 professional's directions. ..... 92

Sec. 3701.143.

(A) As used in this section, "drug of ..... 93 abuse" has the same meaning as in section 4506.01 of the Revised ..... 94 Code. ..... 95

(B) For purposes of sections 1547.11, 2935.34, 4511.19, ..... 96 and 4511.194 of the Revised Code, the director of health shall ..... 97 determine, or cause to be determined, techniques or methods for ..... 98 chemically analyzing a person's whole blood, blood serum or ..... 99 plasma, urine, breath, oral fluid, or other bodily substance in ..... 100 order to ascertain the presence or amount of alcohol, a drug of ..... 101 abuse, controlled substance, metabolite of a controlled ..... 102 substance, or combination of them in the person's whole blood, ..... 103 blood serum or plasma, urine, breath, oral fluid, or other ..... 104 bodily substance. The director shall approve satisfactory ..... 105 techniques or methods, ascertain the qualifications of ..... 106 individuals to conduct such analyses, and issue permits to ..... 107 qualified persons authorizing them to perform such analyses. ..... 108 Such permits shall be subject to termination or revocation at ..... 109 the discretion of the director. ..... 110

Sec. 4117.10.

(A) An agreement between a public employer ..... 111 and an exclusive representative entered into pursuant to this ..... 112 chapter governs the wages, hours, and terms and conditions of ..... 113 public employment covered by the agreement. If the agreement ..... 114 provides for a final and binding arbitration of grievances, ..... 115 public employers, employees, and employee organizations are ..... 116 subject solely to that grievance procedure and the state ..... 117 personnel board of review or civil service commissions have no ..... 118 jurisdiction to receive and determine any appeals relating to ..... 119 matters that were the subject of a final and binding grievance ..... 120 procedure. Where no agreement exists or where an agreement makes ..... 121 no specification about a matter, the public employer and public ..... 122 employees are subject to all applicable state or local laws or ..... 123 ordinances pertaining to the wages, hours, and terms and ..... 124 conditions of employment for public employees. All of the ..... 125 following prevail over conflicting provisions of agreements ..... 126 between employee organizations and public employers: ..... 127

1. Laws pertaining to any of the following subjects: ..... 128
   1. Civil rights; ..... 129
   2. Affirmative action; ..... 130
   3. Unemployment compensation; ..... 131
   4. Workers' compensation; ..... 132
   5. The retirement of public employees; ..... 133
   6. Residency requirements; ..... 134
   7. The minimum educational requirements contained in the 135 Revised Code pertaining to public education including the 136 requirement of a certificate by the fiscal officer of a school 137 district pursuant to section 5705.41 of the Revised Code;
   8. The provisions of division (A) of section 124.34 of 139 the Revised Code governing the disciplining of officers and 140 employees who have been convicted of a felony;
   9. The minimum standards promulgated by the director of 142 education and workforce pursuant to division (D) of section 143 3301.07 of the Revised Code.
2. The law pertaining to the leave of absence and 145 compensation provided under section 5923.05 of the Revised Code, 146 if the terms of the agreement contain benefits which are less 147 than those contained in that section or the agreement contains 148 no such terms and the public authority is the state or any 149 agency, authority, commission, or board of the state or if the 150 public authority is another entity listed in division (B) of 151 section 4117.01 of the Revised Code that elects to provide leave 152 of absence and compensation as provided in section 5923.05 of 153 the Revised Code;
3. The law pertaining to the leave established under 155 section 5906.02 of the Revised Code, if the terms of the 156 agreement contain benefits that are less than those contained in 157 section 5906.02 of the Revised Code;
4. The law pertaining to excess benefits prohibited under 159 section 3345.311 of the Revised Code with respect to an 160 agreement between an employee organization and a public employer 161 entered into on or after September 29, 2015.
5. The requirements of section 2935.34 of the Revised 164 Code that a peace officer or corrections officer submit to a ..... 165 chemical test after an incident involving the use of force, as ..... 166 defined in that section, and that the officer's employer report ..... 167 the results and take appropriate corrective or disciplinary ..... 168 actions. ..... 169

Except for sections 306.08, 306.12, 306.35, and 4981.22 of ..... 169 the Revised Code and arrangements entered into thereunder, and ..... 170 section 4981.21 of the Revised Code as necessary to comply with ..... 171 section 13(c) of the "Urban Mass Transportation Act of 1964," 87 ..... 172 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements ..... 173 entered into thereunder, this chapter prevails over any and all ..... 174 other conflicting laws, resolutions, provisions, present or ..... 175 future, except as otherwise specified in this chapter or as ..... 176 otherwise specified by the general assembly. Nothing in this ..... 177 section prohibits or shall be construed to invalidate the ..... 178 provisions of an agreement establishing supplemental workers' ..... 179 compensation or unemployment compensation benefits or exceeding ..... 180 minimum requirements contained in the Revised Code pertaining to ..... 181 public education or the minimum standards promulgated by the ..... 182 director of education and workforce pursuant to division (D) of ..... 183 section 3301.07 of the Revised Code. ..... 184

H. B. No. 548 Page 6
As Introduced

(B) The public employer shall submit a request for funds ..... 185 necessary to implement an agreement and for approval of any ..... 186 other matter requiring the approval of the appropriate ..... 187 legislative body to the legislative body within fourteen days of ..... 188 the date on which the parties finalize the agreement, unless ..... 189 otherwise specified, but if the appropriate legislative body is ..... 190 not in session at the time, then within fourteen days after it ..... 191 convenes. The legislative body must approve or reject the ..... 192 submission as a whole, and the submission is deemed approved if ..... 193 the legislative body fails to act within thirty days after the ..... 194 public employer submits the agreement. The parties may specify 195 that those provisions of the agreement not requiring action by a 196 legislative body are effective and operative in accordance with 197 the terms of the agreement, provided there has been compliance 198 with division (C) of this section. If the legislative body 199 rejects the submission of the public employer, either party may 200 reopen all or part of the entire agreement.

As used in this section, "legislative body" includes the 202 governing board of a municipal corporation, school district, 203 college or university, village, township, or board of county 204 commissioners or any other body that has authority to approve 205 the budget of their public jurisdiction and, with regard to the 206 state, "legislative body" means the controlling board.

(C) The chief executive officer, or the chief executive 208 officer's representative, of each municipal corporation, the 209 designated representative of the board of education of each 210 school district, college or university, or any other body that 211 has authority to approve the budget of their public 212 jurisdiction, the designated representative of the board of 213 county commissioners and of each elected officeholder of the 214 county whose employees are covered by the collective 215 negotiations, and the designated representative of the village 216 or the board of township trustees of each township is 217 responsible for negotiations in the collective bargaining 218 process; except that the legislative body may accept or reject a 219 proposed collective bargaining agreement. When the matters about 220 which there is agreement are reduced to writing and approved by 221 the employee organization and the legislative body, the 222 agreement is binding upon the legislative body, the employer, 223 and the employee organization and employees covered by the 224 agreement.

H. B. No. 548 Page 9
As Introduced

(D) There is hereby established an office of collective226bargaining in the department of administrative services for the227 purpose of negotiating with and entering into written agreements ..... 228 between state agencies, departments, boards, and commissions and ..... 229 the exclusive representative on matters of wages, hours, terms ..... 230 and other conditions of employment and the continuation, ..... 231 modification, or deletion of an existing provision of a ..... 232 collective bargaining agreement. Nothing in any provision of law ..... 233 to the contrary shall be interpreted as excluding the bureau of ..... 234 workers' compensation and the industrial commission from the ..... 235 preceding sentence. This office shall not negotiate on behalf of ..... 236 other statewide elected officials or boards of trustees of state ..... 237 institutions of higher education who shall be considered as ..... 238 separate public employers for the purposes of this chapter; ..... 239 however, the office may negotiate on behalf of these officials ..... 240 or trustees where authorized by the officials or trustees. The ..... 241 staff of the office of collective bargaining are in the ..... 242 unclassified service. The director of administrative services ..... 243 shall fix the compensation of the staff. ..... 244

The office of collective bargaining shall: ..... 245

1. Assist the director in formulating management's ..... 246 philosophy for public collective bargaining as well as planning ..... 247 bargaining strategies; ..... 248
2. Conduct negotiations with the exclusive ..... 249 representatives of each employee organization; ..... 250
3. Coordinate the state's resources in all mediation, ..... 251 fact-finding, and arbitration cases as well as in all labor ..... 252 disputes; ..... 253
4. Conduct systematic reviews of collective bargaining ..... 254 agreements for the purpose of contract negotiations;
5. Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes;
6. Prepare and submit an annual report and other reports as requested to the governor and the general assembly on the implementation of this chapter and its impact upon state government.

Section 2. That existing sections 3701.143 and 4117.10 of the Revised Code are hereby repealed.

Section 3. Section 1 of this act applies to collective bargaining agreements entered into on or after the effective date of this section.

Section 4. Section 3701.143 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 37 and S.B. 100 of the 135th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized and reconciled if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.