Bill Text: OH SB98 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To direct the Attorney General to pursue a memorandum of agreement that permits the enforcement of federal immigration laws in this state by law enforcement officers.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-02-23 - To State & Local Government & Veterans Affairs [SB98 Detail]

Download: Ohio-2011-SB98-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 98

Senator Stewart 

Cosponsors: Senators LaRose, Seitz, Schaffer, Jordan 

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A BILL

To enact section 109.45 of the Revised Code to direct

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the Attorney General to pursue a memorandum of

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agreement that permits the enforcement of federal

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immigration laws in this state by law enforcement

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officers.

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

Section 1. That section 109.45 of the Revised Code be enacted	6
to read as follows:	7

Sec. 109.45. (A) The attorney general shall pursue a	8
memorandum of agreement under the federal "Illegal Immigration	9
Reform and Immigrant Responsibility Act of 1996," 110 Stat. 3009,	10
8 U.S.C. 1357(g), between the state of Ohio and the United States	11
attorney general or the appropriate federal agency the United	12
States attorney general designates, to permit the enforcement in	13
this state of federal immigration laws, both criminal and civil,	14
including the apprehension, detention, and investigation of	15
illegal aliens located in this state.	16

(B) Any memorandum of agreement entered into pursuant to this	17
section shall be signed on behalf of this state by the Ohio	18
attorney general or as the memorandum otherwise requires.	19

(C)(1) The attorney general shall designate appropriate law	20
enforcement officers to be trained in the enforcement of the	21
relevant federal immigration laws as specified in the memorandum	22
of agreement. Any law enforcement officer the attorney general	23
designates to receive training shall be trained as specified in	24
the memorandum.	25

(2) A law enforcement officer who is certified as trained in	26
accordance with the memorandum of agreement shall enforce the	27
federal immigration laws the memorandum specifies while performing	28
within the scope of that law enforcement officer's authorized	29
duties.	30

(3) No law enforcement officer shall enforce the federal	31
immigration laws specified in the memorandum of agreement unless	32
that law enforcement officer has received the training required in	33
this section.	34

(D) The participation of any local law enforcement agency in	35
a memorandum of agreement entered into by the attorney general is	36
permissive.	37