Effective: April 7, 2009
Latest Legislation: House Bill 130 - 127th General Assembly
(A) An employee of the department of rehabilitation and correction may be represented in a criminal proceeding by an attorney selected pursuant to division (B) of this section when all of the following apply:
(1) The employee used deadly force that resulted in the death of another.
(2) The use of deadly force occurred within the scope and in the course of the employee's assigned duties.
(3) The employee's use of deadly force is being investigated by a prosecuting attorney or other criminal investigating authority for possible criminal charges.
(B) When all of the conditions set forth in division (A) of this section apply, the employee may submit a request for legal representation to the director of rehabilitation and correction. If the director determines that all of the conditions in that division apply, and if the director considers the requested legal representation to be appropriate, the director may approve the request and submit it to the attorney general. Upon receipt of the request, the attorney general shall furnish the employee the names of three attorneys who are admitted to the practice of law in this state and are experienced in the defense of criminal charges. The employee may select one of the attorneys to represent the employee until the grand jury concludes its proceedings or the case is disposed of before the grand jury concludes its proceedings.
(C) An attorney who represents an employee pursuant to division (B) of this section shall be paid at the usual rate for like services in the community in which the criminal proceedings occur or at the usual rate paid to special counsel under section 109.07 of the Revised Code, as the attorney general decides. The department of rehabilitation and correction shall pay the attorney's compensation and all reasonable expenses and court costs incurred in the defense of the employee. The attorney general may adopt rules concerning the compensation of attorneys pursuant to this division.
(D) If a criminal investigation described in division (A)(3) of this section of an employee results in an indictment based on the employee's use of deadly force, an attorney who represents the employee pursuant to division (B) of this section may continue to represent the employee in the criminal proceeding on any terms to which the attorney and employee mutually agree. Subject to section 9.871 of the Revised Code, neither the attorney general nor the department of rehabilitation and correction is obligated to provide the employee with legal representation or to pay attorney's fees, expenses, or court costs incurred by the employee following the indictment of the employee.
(E) If an employee is represented by an attorney as described in division (B) of this section and if the employee is subsequently convicted of or pleads guilty to a criminal offense based on the employee's use of deadly force, the attorney general or the department of rehabilitation and correction may seek to recover, including by means of a civil action, from the employee the costs of legal representation paid by the department pursuant to division (B) of this section.
Structure Ohio Revised Code
Chapter 109 | Attorney General
Section 109.01 | Election - Term.
Section 109.02 | Duties as Chief Law Officer.
Section 109.03 | Appointment of Assistant Attorney General and Chief Counsel - Duties.
Section 109.04 | Powers and Duties of First Assistant Attorney General.
Section 109.07 | Special Counsel.
Section 109.08 | Special Counsel to Collect Claims.
Section 109.081 | Attorney General Claims Fund.
Section 109.082 | Problem Resolution Officers for Tax Collection Complaints.
Section 109.09 | Action on Official Bonds.
Section 109.10 | Proceedings in Quo Warranto.
Section 109.11 | Attorney General Reimbursement Fund.
Section 109.111 | Attorney General Court Order Fund.
Section 109.112 | Notice of Receipt of Funds; Disposition of Funds.
Section 109.12 | Legal Advice to State Officers and Boards.
Section 109.121 | Real Property Title Review and Opinion.
Section 109.122 | Review of Entertainment or Sponsorship Contracts of Expositions Commission.
Section 109.13 | General Assembly May Require Written Opinions.
Section 109.14 | Attorney General Shall Advise Prosecuting Attorneys and Township Law Directors.
Section 109.15 | Forms of Contracts.
Section 109.16 | Suits May Be Brought in Franklin County.
Section 109.17 | Writs in Other Counties.
Section 109.18 | Service by Publication.
Section 109.19 | Security for Costs and Verification of Pleadings.
Section 109.20 | Actions to Be Taken Out of Their Order.
Section 109.21 | Moneys Paid Into General Revenue Fund.
Section 109.22 | Registers Shall Be Kept.
Section 109.23 | Charitable Trust Defined.
Section 109.231 | Prohibited Administrative Acts.
Section 109.232 | Amendment of Governing Instrument of Trust.
Section 109.24 | Investigating Transactions and Relationships of Trustees of Charitable Trust.
Section 109.25 | Attorney General Is Necessary Party to Charitable Trust Proceedings.
Section 109.26 | Registration of Charitable Trusts.
Section 109.27 | Administrative Rules.
Section 109.28 | Inspection of Register of Charitable Trusts.
Section 109.29 | Courts to Furnish Information Relating to Charitable Trusts.
Section 109.31 | Trustee's Annual Report to Attorney General.
Section 109.32 | Charitable Law Fund.
Section 109.34 | Notice of Transactions by Nonprofit Health Care Entity.
Section 109.35 | Approval or Disapproval of Proposed Transactions.
Section 109.36 | Defense of Officers and Employees Definitions.
Section 109.361 | Defense of State Officer or Employee in Civil Action.
Section 109.363 | Employer to Provide Written Report and Information.
Section 109.364 | Denial of Representation.
Section 109.365 | Information Obtained Is Privileged.
Section 109.366 | Administrative Rules.
Section 109.37 | Legal Representation of Correctional Employee.
Section 109.40 | Compilation of Statutes Relative to Obscenity.
Section 109.41 | Claiming Escheated Property.
Section 109.42 | Compilation of Statutes Relative to Victim's Rights.
Section 109.43 | Public Records Training Programs - Model Public Records Policy.
Section 109.46 | Domestic Violence Program Fund.
Section 109.51 | Bureau of Criminal Identification and Investigation Created.
Section 109.511 | Felony Conviction Precludes or Terminates Employment.
Section 109.52 | Operation and Maintenance of Bureau.
Section 109.53 | Equipment of Bureau.
Section 109.54 | Cooperation of Other Governmental Agencies.
Section 109.541 | Powers and Duties of Bureau.
Section 109.542 | Investigative Personnel Are Peace Officers.
Section 109.55 | Coordination of Law Enforcement Work and Crime Prevention Activities.
Section 109.57 | Duties of Superintendent.
Section 109.571 | National Crime Prevention and Privacy Compact.
Section 109.572 | Criminal Records Check.
Section 109.573 | DNA Laboratory - Databases.
Section 109.574 | Volunteers Have Unsupervised Access to Children Definitions.
Section 109.575 | Information Provided by Volunteers Having Access to Children.
Section 109.576 | Notice of Volunteer's Conviction.
Section 109.577 | Immunity From Civil Liability.
Section 109.578 | Criminal Records Check.
Section 109.579 | Criminal Records Check.
Section 109.5721 | Retained Applicant Fingerprint Database.
Section 109.58 | Standard Fingerprint Impression Sheet.
Section 109.59 | Fingerprint Impressions and Other Descriptive Measurements.
Section 109.60 | Forwarding Fingerprints and Descriptions to Bureau - Annual Methamphetamine Report.
Section 109.61 | Sheriff or Chief of Police to Forward Information to Bureau.
Section 109.63 | Superintendent May Testify.
Section 109.65 | Missing Children Clearinghouse - Missing Children Fund.
Section 109.66 | Publication of Statistical Data on Trafficking in Persons.
Section 109.68 | Establishment of Statewide Sexual Assault Examination Kit Tracking System.
Section 109.69 | Reciprocity Agreement.
Section 109.71 | Ohio Peace Officer Training Commission Created - Definitions.
Section 109.72 | Members - Organization.
Section 109.73 | Rule Recommendations.
Section 109.731 | Prescribed Forms.
Section 109.74 | Attorney General May Adopt and Promulgate Rules and Regulations.
Section 109.742 | Rules Governing Training of Peace Officers in Crisis Intervention.
Section 109.743 | Administrative Rules.
Section 109.745 | Training for Investigating and Handling Crime of Trafficking in Persons.
Section 109.746 | Public Awareness Programs Regarding Trafficking in Persons.
Section 109.748 | Rules Governing the Training of Tactical Medical Professionals to Carry Firearms.
Section 109.749 | Training Materials on Restraining or Confining Pregnant Children or Women.
Section 109.75 | Powers and Duties of Peace Officer Training Commission Executive Director.
Section 109.752 | Sheriff Attending Peace Officer Basic Training Programs.
Section 109.76 | Peace Officers Not Exempted From Civil Service.
Section 109.761 | Reports of Appointment to Peace Officer Training Commission.
Section 109.77 | Certificate of Completion of Basic Training Program Necessary for Appointment.
Section 109.771 | Authority of Tactical Medical Professionals to Carry Firearms.
Section 109.79 | Ohio Peace Officer Training Academy.
Section 109.80 | Basic Training Course for Sheriffs - Continuing Education.
Section 109.801 | Annual Firearms Requalification Program.
Section 109.803 | Continuing Professional Training for Peace Officers and Troopers.
Section 109.804 | Chief of Police Training Course; Equivalency; Deferral.
Section 109.81 | Antitrust Cases - Appointment of Special Counsel.
Section 109.82 | Antitrust Section - Fund.
Section 109.83 | Investigating Organized Criminal Activity.
Section 109.84 | Investigation and Prosecution of Violation of Workers Compensation Law.
Section 109.85 | Investigation and Prosecution of Violation of Medicaid Law.
Section 109.86 | Investigation and Prosecution of Patient Abuse or Neglect.
Section 109.87 | Acts or Practices in Violation of Federal Telemarketing Laws.
Section 109.88 | Investigation, Prosecution of Telecommunications and Telemarketing Fraud.
Section 109.89 | Access and Use of National Precursor Log Exchange Information.
Section 109.90 | Collaboration in Establishment and Administration of Drug Take-Back Program.
Section 109.91 | Crime Victims Assistance Office - State Victims Assistance Advisory Council.
Section 109.92 | State Financial Assistance to Victim Assistance Programs That Operate in State.
Section 109.921 | Rape Crisis Program Trust Fund.
Section 109.93 | Attorney General Education Fund.
Section 109.94 | Attorney General May Issue Identity Fraud Passport to Victim.
Section 109.941 | Technical Assistance Regarding Identity Fraud Crimes.
Section 109.95 | Criminal Proceedings for Election Fraud.
Section 109.97 | Capital Case Status Report.
Section 109.98 | Civil Action Against State Retirement Board Member for Breach of Fiduciary Duty.
Section 109.981 | Civil Action Against Workers' Compensation Oversight Commission Member.