Section 1. That sections 5119.081 and 5123.131 of the
Revised Code be enacted to read as follows:
Sec. 5119.081. (A) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11
of the Revised Code.
(2) "Special police officer" means a special police
officer designated under section 5119.08 of the Revised Code.
(B) Subject to divisions (C), (D), and (E) of this
section, the director of behavioral health shall not prohibit a
special police officer, while on duty on the behalf of an
institution under the jurisdiction of the department of
behavioral health, from carrying or possessing a firearm in any
of the following circumstances:
(1) When escorting a patient outside of the institution:
(2) When operating one or more of the institution's metal
detectors:
(3) When patrolling the institution's grounds.
(C) A special police officer shall not possess, carry, or
discharge a firearm while on duty on the behalf of an
institution under the jurisdiction of the department unless the
special police officer does all of the following:
(1) Obtains all necessary firearm certifications in
accordance with policies adopted by the department:
(2) Satisfies all training requirements adopted by the
department:
(3) Satisfies any other firearm policies adopted by the
department.
(D) A special police officer shall not possess, carry, or
discharge a firearm or possess, carry, or use ammunition while
on duty on the behalf of an institution under the jurisdiction
of the department unless the firearm or ammunition has been
issued to the special police officer by the department or
otherwise approved by the department.
(E) A special police officer who is under investigation
for alleged violations of standards of conduct, including work
rules, policies, or having pending criminal charges, is
prohibited from carrying or possessing a firearm under division
(B) of this section until a pending investigation is resolved or
authorization is granted by the director of behavioral health.
(F) Notwithstanding section 2743.02 of the Revised Code,
the state does not waive its immunity from liability, nor does
it consent to be sued for damage, injury, or death caused by or
related to the possession or use of a firearm by a special
police officer.