As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 2     5            

      1997-1998                                                    6            


 REPRESENTATIVES GARCIA-WOMER BENJAMIN-ROMAN-SALERNO-VAN VYVEN-    8            

        BATEMAN-WINKLER-NETZLEY-SCHURING-LUCAS-FOX-TIBERI          9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 109.57, 109.60, 109.61, 2151.18,    13           

                2151.313, 2151.355, 2929.14, 2929.21, 2933.41,     14           

                2933.43, 2933.44, 3719.11, 3719.21, 3767.02, and   15           

                4729.65 and to enact sections 2923.41 to 2923.49   16           

                and 2941.142 of the Revised Code to establish the  17           

                offense of participating in a criminal gang, to    18           

                permit any person to report  criminal gang         19           

                participation or association to a law enforcement  20           

                officer, to enhance the penalty imposed upon an    21           

                offender or delinquent child  who commits a        22           

                felony, an offense of violence, or certain         24           

                misdemeanors while participating  in a criminal    25           

                gang, to prescribe procedures for the forfeiture   26           

                and disposition of property relating to            27           

                participating in a criminal gang,  and to modify   28           

                the juvenile fingerprinting laws.                  30           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 109.57, 109.60, 109.61, 2151.18,   34           

2151.313, 2151.355, 2929.14, 2929.21, 2933.41, 2933.43, 2933.44,   36           

3719.11, 3719.21, 3767.02, and 4729.65 be amended and sections                  

2923.41, 2923.42, 2923.43, 2923.44, 2923.45, 2923.46, 2923.47,     38           

2923.48, 2923.49, and 2941.142 of the Revised Code be enacted to   40           

read as follows:                                                                

      Sec. 109.57.  (A)(1)  As used in this section, "category     50           

one offense" and "category two offense" have the same meanings as  51           

                                                          2      

                                                                 
in section 2151.26 of the Revised Code.                                         

      (2)  The superintendent of the bureau of criminal            54           

identification and investigation shall procure from wherever                    

procurable and file for record photographs, pictures,              56           

descriptions, fingerprints, measurements, and other information    57           

that may be pertinent of all persons who have been convicted of    59           

committing within this state a felony or any crime constituting a  61           

misdemeanor on the first offense and a felony on subsequent                     

offenses, of all children fourteen years of age or older and       63           

under eighteen years of age who have been adjudicated delinquent   64           

children for committing within this state an act that is WOULD BE  65           

a category one FELONY OR AN offense or a category two offense OF   66           

VIOLENCE IF COMMITTED BY AN ADULT or who have been convicted of    67           

or pleaded guilty to committing within this state a category one   68           

FELONY OR AN offense or a category two offense OF VIOLENCE, and    70           

of all well-known and habitual criminals.  The person in charge    71           

of any state correctional institution and the person in charge of  72           

any state institution having custody of a person suspected of      73           

having committed a felony or any crime constituting a misdemeanor  74           

on the first offense and a felony on subsequent offenses or        75           

having custody of a child fourteen years of age or older and       76           

under eighteen years of age with respect to whom there is                       

probable cause to believe that the child may have committed an     78           

act that is WOULD BE a category one FELONY OR AN offense or a      80           

category two offense OF VIOLENCE IF COMMITTED BY AN ADULT shall    81           

furnish such material to the superintendent of the bureau upon     83           

request.  Fingerprints, photographs, or other descriptive          84           

information of a child who is under eighteen years of age, has     85           

not been arrested or otherwise taken into custody for committing                

an act that is WOULD BE a category one FELONY OR AN offense or a   87           

category two offense OF VIOLENCE IF COMMITTED BY AN ADULT, has     88           

not been adjudicated a delinquent child for committing an act      90           

that is WOULD BE a category one FELONY OR AN offense or a          91           

category two offense OF VIOLENCE IF COMMITTED BY AN ADULT, has     92           

                                                          3      

                                                                 
not been convicted of or pleaded guilty to committing a category   94           

one FELONY OR AN offense or a category two offense OF VIOLENCE,    96           

and is not a child with respect to whom there is probable cause    97           

to believe that the child may have committed an act that is WOULD  98           

BE a category one FELONY OR AN offense or a category two offense   100          

OF VIOLENCE IF COMMITTED BY AN ADULT shall not be procured by the  101          

superintendent or furnished by any person in charge of any state   102          

correctional institution, except as authorized in section          103          

2151.313 of the Revised Code.  Every court of record in this       104          

state shall send to the superintendent of the bureau a weekly      105          

report containing a summary of each case involving a felony,       106          

involving any crime constituting a misdemeanor on the first        108          

offense and a felony on subsequent offenses, or involving an                    

adjudication that a child under eighteen years of age is a         109          

delinquent child for committing an act that is WOULD BE a          110          

category one FELONY OR AN offense or a category two offense OF     112          

VIOLENCE IF COMMITTED BY AN ADULT.  The summary shall include the  113          

style and number of the case, the dates of arrest, commencement    115          

of trial, and conviction or adjudication of delinquency, a         116          

statement of the offense and the conduct that constituted it, and  117          

the sentence or terms of probation imposed, or other disposition   118          

of the offender or the delinquent child.  The superintendent       119          

shall cooperate with and assist sheriffs, chiefs of police, and    121          

other law enforcement officers in the establishment of a complete  122          

system of criminal identification and in obtaining fingerprints    123          

and other means of identification of all persons arrested on a     124          

charge of felony or any crime constituting a misdemeanor on the    125          

first offense and a felony on subsequent offenses and of all       126          

children fourteen years of age or older and under eighteen years   127          

of age arrested or otherwise taken into custody for committing an  128          

act that is WOULD BE a category one FELONY OR AN offense or a      129          

category two offense OF VIOLENCE IF COMMITTED BY AN ADULT.  The    130          

superintendent also shall file for record the fingerprint          131          

impressions of all persons confined in a workhouse, jail, or       132          

                                                          4      

                                                                 
state correctional institution for the violation of state laws     133          

and of all children fourteen years of age or older and under                    

eighteen years of age who are confined in a workhouse, jail, or    135          

state correctional institution or in any facility for delinquent   136          

children for committing an act that is WOULD BE a category one     137          

FELONY OR AN offense or a category two offense OF VIOLENCE IF      138          

COMMITTED BY AN ADULT, and any other information that the          139          

superintendent may receive from law enforcement officials of the   140          

state and its political subdivisions.                                           

      The superintendent shall carry out Chapter 2950. of the      142          

Revised Code with respect to the registration of persons who are   144          

convicted of or plead guilty to a sexually oriented offense and    145          

with respect to all other duties imposed on the bureau under that  146          

chapter.                                                                        

      (B)  The superintendent shall prepare and furnish to every   148          

state correctional institution and to every court of record in     149          

this state standard forms for reporting the information required   150          

under division (A)(2) of this section.                             151          

      (C)  The superintendent may operate a center for             153          

electronic, automated, or other data processing for the storage    154          

and retrieval of information, data, and statistics pertaining to   155          

criminals and to children under eighteen years of age who are      156          

adjudicated delinquent children for committing an act that is      157          

WOULD BE a category one FELONY OR AN offense or a category two     158          

offense OF VIOLENCE IF COMMITTED BY AN ADULT, criminal activity,   159          

crime prevention, law enforcement, and criminal justice, and may   162          

establish and operate a statewide communications network to        163          

gather and disseminate information, data, and statistics for the   164          

use of law enforcement agencies.  The superintendent may gather,   165          

store, retrieve, and disseminate information, data, and            166          

statistics that pertain to children who are under eighteen years   167          

of age and that are gathered pursuant to sections 109.57 to        168          

109.61 of the Revised Code together with information, data, and    169          

statistics that pertain to adults and that are gathered pursuant   170          

                                                          5      

                                                                 
to those sections.                                                 171          

      (D)  The information and materials furnished to the          173          

superintendent pursuant to division (A)(2) of this section and     174          

information and materials furnished to any board or person under   175          

division (F) of this section are not public records under section  176          

149.43 of the Revised Code.                                        177          

      (E)  The attorney general shall adopt rules, in accordance   179          

with Chapter 119. of the Revised Code, setting forth the           180          

procedure by which a person may receive or release information     181          

gathered by the superintendent pursuant to division (A)(2) of      182          

this section.  A reasonable fee may be charged for this service.   183          

      (F)(1)  As used in division (F)(2) of this section, "head    185          

start agency" means an entity in this state that has been          186          

approved to be an agency for purposes of subchapter II of the      187          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      188          

U.S.C.A. 9831, as amended.                                         189          

      (2)(a)  In addition to or in conjunction with any request    191          

that is required to be made under section 109.572, 2151.86,        192          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          193          

5126.28, 5126.281, or 5153.111 of the Revised Code, the board of   194          

education of any school district; any county board of mental       195          

retardation and developmental disabilities; any entity under       196          

contract with a county board of mental retardation and             197          

developmental disabilities; the chief administrator of any         198          

chartered nonpublic school; the chief administrator of or person   199          

operating any child day-care center, type A family day-care home,  200          

or type B family day-care home licensed or certified under         201          

Chapter 5104. of the Revised Code; or the chief administrator of   202          

any head start agency may request that the superintendent of the   203          

bureau investigate and determine, with respect to any individual   204          

who has applied for employment in any position after October 2,    205          

1989, or any individual wishing to apply for employment with a     207          

board of education may request, with regard to the individual's    209          

own self, whether the bureau has any information gathered under    210          

                                                          6      

                                                                 
division (A)(2) of this section that pertains to that individual.  211          

On receipt of the request, the superintendent shall determine      212          

whether that information exists and, upon request of the person,   213          

board, or entity requesting information, also shall request from   214          

the federal bureau of investigation any criminal records it has    215          

pertaining to that individual.  Within thirty days of the date     216          

that the superintendent receives a request, the superintendent     218          

shall send to the board, entity, or person a certified copy of     219          

any information that the superintendent determines exists,         220          

including information contained in records that have been sealed   221          

under section 2953.32 of the Revised Code, and, within thirty      222          

days of its receipt, shall send the board, entity, or person a     223          

certified copy of any information received from the federal        224          

bureau of investigation, other than information the dissemination  225          

of which is prohibited by federal law.                             226          

      (b)  When a board of education is required to receive        228          

information under this section as a prerequisite to employment of  229          

an individual pursuant to section 3319.39 of the Revised Code, it  230          

may accept a certified copy of records that were issued by the     232          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        233          

district in lieu of requesting that information itself.  In such   234          

a case, the board shall accept the certified copy issued by the    235          

bureau in order to make a photocopy of it for that individual's    236          

employment application documents and shall return the certified    237          

copy to the individual.  In a case of that nature, a district      238          

only shall accept a certified copy of records of that nature       239          

within one year after the date of their issuance by the bureau.    241          

      (3)  The state board of education may request, with respect  243          

to any individual who has applied for employment after October 2,  244          

1989, in any position with the state board or the department of    245          

education, any information that a school district board of         246          

education is authorized to request under division (F)(2) of this   248          

section, and the superintendent of the bureau shall proceed as if  249          

                                                          7      

                                                                 
the request has been received from a school district board of      250          

education under division (F)(2) of this section.                   251          

      (4)  Information obtained by a board, entity, or person      253          

under this section is confidential and shall not be released or    254          

disseminated.  If an applicant for employment is not employed by   255          

a board, entity, or person obtaining information from the bureau   256          

of criminal identification and investigation or the federal        257          

bureau of investigation under this section, all records            258          

pertaining to that information shall be destroyed.                 259          

      (5)  When the superintendent of the bureau receives a        261          

request for information that is authorized under section 3319.291  262          

of the Revised Code, the superintendent shall proceed as if the    263          

request has been received from a school district board of          264          

education under division (F)(2) of this section.                   265          

      (6)  The superintendent may charge a reasonable fee for      267          

providing information or criminal records under division (F)(2)    268          

of this section.                                                   269          

      Sec. 109.60.  (A)  As used in this section, "category one    278          

offense" and "category two offense" have the same meanings as in   279          

section 2151.26 of the Revised Code.                               280          

      (B)  The sheriffs of the several counties and the chiefs of  283          

police of cities, immediately upon the arrest of any person for    284          

any felony, on suspicion of any felony, or for a crime             285          

constituting a misdemeanor on the first offense and a felony on    286          

subsequent offenses, or immediately upon the arrest or taking                   

into custody of any child fourteen years of age or older and       287          

under eighteen years of age for committing an act that is WOULD    288          

BE a category one FELONY OR AN offense or a category two offense   290          

OF VIOLENCE IF COMMITTED BY AN ADULT or upon probable cause to     291          

believe that a child of that nature may have committed an act                   

that is WOULD BE a category one FELONY OR AN offense or a          293          

category two offense OF VIOLENCE IF COMMITTED BY AN ADULT, shall   294          

take the person's or child's fingerprints, or cause the same                    

PERSON'S OR CHILD'S FINGERPRINTS to be taken, according to the     295          

                                                          8      

                                                                 
fingerprint system of identification on the forms furnished by     296          

the superintendent of the bureau of criminal identification and    297          

investigation, and forward them, together with any other           298          

description that may be required and with the history of the       299          

offense committed, to the bureau to be classified and filed.  If   301          

an accused is found not guilty of the offense charged or a nolle   303          

prosequi is entered in any case, or if any accused child fourteen  304          

years of age or older and under eighteen years of age is found     305          

not to be a delinquent child for committing an act that is WOULD   306          

BE a category one FELONY OR AN offense or a category two offense   308          

OF VIOLENCE IF COMMITTED BY AN ADULT or not guilty of the offense  309          

charged or a nolle prosequi is entered in that case, the                        

fingerprints and description shall be given to the accused upon    311          

the accused's request.  The superintendent shall compare the       313          

description received with those already on file in the bureau,     314          

and, if the superintendent finds that the person arrested or       315          

taken into custody has a criminal record or a record as a          317          

delinquent child for having committed an act that is WOULD BE a    318          

category one FELONY OR AN offense or a category two offense OF     319          

VIOLENCE IF COMMITTED BY AN ADULT or is a fugitive from justice    320          

or wanted by any jurisdiction in this or another state, the        321          

United States, or a foreign country for any offense, the           322          

superintendent at once  shall inform the arresting officer or the  324          

officer taking the person into custody of that fact and give       325          

appropriate notice to the proper authorities in the jurisdiction   326          

in which the person is wanted, or, if that jurisdiction is a       327          

foreign country, give appropriate notice to federal authorities    328          

for transmission to the foreign country.  The names, under which   329          

each person whose identification is filed is known, shall be       330          

alphabetically indexed by the superintendent.                      331          

      (C)(B)  This section does not apply to a violator of a city  333          

ordinance unless the officers have reason to believe that the      334          

violator is a past offender or the crime is one constituting a     335          

misdemeanor on the first offense and a felony on subsequent        336          

                                                          9      

                                                                 
offenses, or unless it is advisable for the purpose of subsequent  337          

identification.  This section does not apply to any child under    338          

eighteen years of age who was not arrested or otherwise taken      339          

into custody for committing an act that is WOULD BE a category     340          

one FELONY OR AN offense or a category two offense OF VIOLENCE IF  341          

COMMITTED BY AN ADULT or upon probable cause to believe that a     342          

child of that nature may have committed an act that is category    343          

one WOULD BE A FELONY OR AN offense or a category two offense OF   345          

VIOLENCE IF COMMITTED BY AN ADULT, except as provided in section   346          

2151.313 of the Revised Code.                                                   

      Sec. 109.61.  Each sheriff or chief of police shall furnish  356          

the bureau of criminal identification and investigation with       357          

descriptions, fingerprints, photographs, and measurements of the   358          

following:                                                                      

      (A)(1)  Persons arrested who in that police official's       360          

judgment are wanted for serious offenses, are fugitives from       361          

justice, or in whose possession at the time of arrest are found    362          

goods or property reasonably believed to have been stolen;         363          

      (2)  Children arrested or otherwise taken into custody who   365          

in that police official's judgment are fourteen years of age or    366          

older and under eighteen years of age and have committed an act    368          

that is WOULD BE a category one FELONY OR AN offense or a          369          

category two offense, as defined in section 2151.26 of the         370          

Revised Code OF VIOLENCE IF COMMITTED BY AN ADULT;                 371          

      (B)  All persons in whose possession are found burglar       373          

outfits, burglar tools, or burglar keys, or who have in their      374          

possession high power explosives reasonably believed to be         375          

intended to be used for unlawful purposes;                         376          

      (C)  Persons who are in possession of infernal machines or   378          

other contrivances in whole or in part and reasonably believed by  379          

the sheriffs or chiefs of police to be intended to be used for     380          

unlawful purposes;                                                 381          

      (D)  All persons carrying concealed firearms or other        383          

deadly weapons reasonably believed to be carried for unlawful      384          

                                                          10     

                                                                 
purposes;                                                          385          

      (E)  All persons who have in their possession inks, dies,    387          

paper, or other articles necessary in the making of counterfeit    388          

bank notes or in the alteration of bank notes, or dies, molds, or  390          

other articles necessary in the making of counterfeit money and    391          

reasonably believed to be intended to be used by them for those    392          

types of unlawful purposes.                                                     

      Sec. 2151.18.  (A)(1)  The juvenile court shall maintain     402          

records of all official cases brought before it, including an      403          

appearance docket, a journal, and a cashbook.  The court shall     404          

maintain a separate docket for traffic cases and shall record all  406          

traffic cases on the separate docket instead of on the general     408          

appearance docket.  The parents of any child affected, if they     409          

are living, or the nearest of kin of the child, if the parents     410          

are deceased, may inspect these records, either in person or by    411          

counsel during the hours in which the court is open.                            

      (2)  The juvenile court shall send to the superintendent of  413          

the bureau of criminal identification and investigation, pursuant  414          

to section 109.57 of the Revised Code, a weekly report containing  415          

a summary of each case that has come before it and that involves   417          

an adjudication that a child is a delinquent child for committing  418          

an act that is WOULD BE a category one FELONY OR AN offense or a   420          

category two offense, as defined in section 2151.26 of the                      

Revised Code VIOLENCE IF COMMITTED BY AN ADULT.                    421          

      (B)  The clerk of the court shall maintain a statistical     423          

record that includes all of the following:                         424          

      (1)  The number of complaints that are filed with the court  426          

that allege that a child is a delinquent child, in relation to     427          

which the court determines under division (D) of section 2151.27   428          

of the Revised Code that the victim of the alleged delinquent act  430          

was sixty-five years of age or older or permanently and totally    431          

disabled at the time of the alleged commission of the act;         432          

      (2)  The number of complaints described in division (B)(1)   434          

of this section that result in the child being adjudicated a       435          

                                                          11     

                                                                 
delinquent child;                                                  436          

      (3)  The number of complaints described in division (B)(2)   438          

of this section in which the act upon which the delinquent child   439          

adjudication is based caused property damage or would be a theft   440          

offense, as defined in division (K) of section 2913.01 of the      441          

Revised Code, if committed by an adult;                            442          

      (4)  The number of complaints described in division (B)(3)   444          

of this section that result in the delinquent child being          445          

required as an order of disposition made under division (A)(8)(b)  447          

of section 2151.355 of the Revised Code to make restitution for    448          

all or part of the property damage caused by his THE CHILD'S       449          

delinquent act or for all or part of the value of the property     450          

that was the subject of the delinquent act that would be a theft   451          

offense if committed by an adult;                                  452          

      (5)  The number of complaints described in division (B)(2)   454          

of this section in which the act upon which the delinquent child   455          

adjudication is based would have been an offense of violence if    456          

committed by an adult;                                             457          

      (6)  The number of complaints described in division (B)(5)   459          

of this section that result in the delinquent child being          460          

committed as an order of disposition made under division (A)(3),   461          

(4), (5), (6), or (7) of section 2151.355 of the Revised Code to   463          

any facility for delinquent children operated by the county, a     464          

district, or a private agency or organization or to the            465          

department of youth services;                                      466          

      (7)  The number of complaints described in division (B)(1)   468          

of this section that result in the case being transferred for      469          

criminal prosecution to an appropriate court having jurisdiction   470          

of the offense under section 2151.26 of the Revised Code.          472          

      (C)  The clerk of the court shall compile an annual summary  474          

covering the preceding calendar year showing all of the            475          

information for that year contained in the statistical record      476          

maintained under division (B) of this section.  The statistical    477          

record and the annual summary shall be public records open for     478          

                                                          12     

                                                                 
inspection.  Neither the statistical record nor the annual         479          

summary shall include the identity of any party to a case.         480          

      (D)  Not later than June of each year, the court shall       482          

prepare an annual report covering the preceding calendar year      483          

showing the number and kinds of cases that have come before it,    484          

the disposition of the cases, and any other data pertaining to     485          

the work of the court that the juvenile judge directs.  The court  487          

shall file copies of the report with the board of county                        

commissioners.  With the approval of the board, the court may      488          

print or cause to be printed copies of the report for              489          

distribution to persons and agencies interested in the court or    491          

community program for dependent, neglected, abused, or delinquent  492          

children and juvenile traffic offenders.  The court shall include  493          

the number of copies ordered printed and the estimated cost of                  

each printed copy on each copy of the report printed for           494          

distribution.                                                      495          

      Sec. 2151.313.  (A)(1)  Except as provided in division       505          

(A)(2) of this section and in sections 109.57, 109.60, and 109.61  506          

of the Revised Code, no child shall be fingerprinted or            507          

photographed in the investigation of any violation of law without  508          

the consent of the juvenile judge.                                 509          

      (2)  Subject to division (A)(3) of this section, a law       512          

enforcement officer may fingerprint and photograph a child         513          

without the consent of the juvenile judge when the child is        514          

arrested or otherwise taken into custody for the commission of an  515          

act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC        516          

OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult, and      517          

there is probable cause to believe that the child may have been                 

involved in the commission of the act.  A law enforcement officer  518          

who takes fingerprints or photographs of a child under division    519          

(A)(2) of this section immediately shall inform the juvenile       520          

court that the fingerprints or photographs were taken and shall    521          

provide the court with the identity of the child, the number of    522          

fingerprints and photographs taken, and the name and address of    523          

                                                          13     

                                                                 
each person who has custody and control of the fingerprints or     524          

photographs or copies of the fingerprints or photographs.          525          

      (3)  This section does not apply to a child who is fourteen  527          

years of age or older and under eighteen years of age and who has  528          

been arrested or otherwise taken into custody for committing an    530          

act that is WOULD BE a category one offense or a category two      531          

offense, as defined in section 2151.26 of the Revised Code FELONY  532          

IF COMMITTED BY AN ADULT, has been adjudicated a delinquent child  533          

for committing an act that is WOULD BE a category one offense or   534          

a category two offense FELONY IF COMMITTED BY AN ADULT, has been   535          

convicted of or pleaded guilty to a category one offense or a      536          

category two offense FELONY, or is a child with respect to whom    537          

there is probable cause to believe that the child may have         538          

committed an act that is WOULD BE a category one offense or a      539          

category two offense FELONY IF COMMITTED BY AN ADULT.              540          

      (B)(1)  Subject to divisions (B)(4), (5), and (6) of this    542          

section, all fingerprints and photographs of a child obtained or   543          

taken under division (A)(1) or (2) of this section, and any        544          

records of the arrest or custody of the child that was the basis   545          

for the taking of the fingerprints or photographs, initially may   546          

be retained only until the expiration of thirty days after the     547          

date taken, except that the court may limit the initial retention  548          

of fingerprints and photographs of a child obtained under          549          

division (A)(1) of this section to a shorter period of time and    550          

except that, if the child is adjudicated a delinquent child for    551          

the commission of an act described in division (B)(3) of this      552          

section or is convicted of or pleads guilty to a criminal offense  553          

for the commission of an act described in division (B)(3) of this  554          

section, the fingerprints and photographs, and the records of the  555          

arrest or custody of the child that was the basis for the taking   556          

of the fingerprints and photographs, shall be retained in          557          

accordance with division (B)(3) of this section.  During the       558          

initial period of retention, the fingerprints and photographs of   559          

a child, copies of the fingerprints and photographs, and records   560          

                                                          14     

                                                                 
of the arrest or custody of the child shall be used or released    561          

only in accordance with division (C) of this section.  At the      562          

expiration of the initial period for which fingerprints and        563          

photographs of a child, copies of fingerprints and photographs of  564          

a child, and records of the arrest or custody of a child may be    565          

retained under this division, if no complaint is pending against   566          

the child in relation to the act for which the fingerprints and    567          

photographs originally were obtained or taken and if the child     568          

has neither been adjudicated a delinquent child for the            569          

commission of that act nor been convicted of or pleaded guilty to  570          

a criminal offense based on that act subsequent to a transfer of   571          

the child's case for criminal prosecution pursuant to section      572          

2151.26 of the Revised Code, the fingerprints and photographs of   573          

the child, all copies of the fingerprints and photographs, and     574          

all records of the arrest or custody of the child that was the     575          

basis of the taking of the fingerprints and photographs shall be   576          

removed from the file and delivered to the juvenile court.         577          

      (2)  If, at the expiration of the initial period of          579          

retention set forth in division (B)(1) of this section, a          580          

complaint is pending against the child in relation to the act for  581          

which the fingerprints and photographs originally were obtained    582          

or the child either has been adjudicated a delinquent child for    583          

the commission of an act other than an act described in division   584          

(B)(3) of this section or has been convicted of or pleaded guilty  585          

to a criminal offense for the commission of an act other than an   586          

act described in division (B)(3) of this section subsequent to     587          

transfer of the child's case, the fingerprints and photographs of  588          

the child, copies of the fingerprints and photographs, and the     589          

records of the arrest or custody of the child that was the basis   590          

of the taking of the fingerprints and photographs may further be   591          

retained, subject to division (B)(4) of this section, until the    592          

earlier of the expiration of two years after the date on which     593          

the fingerprints or photographs were taken or the child attains    594          

eighteen years of age, except that, if the child is adjudicated a  595          

                                                          15     

                                                                 
delinquent child for the commission of an act described in         596          

division (B)(3) of this section or is convicted of or pleads       597          

guilty to a criminal offense for the commission of an act          598          

described in division (B)(3) of this section, the fingerprints     599          

and photographs, and the records of the arrest or custody of the   600          

child that was the basis for the taking of the fingerprints and    601          

photographs, shall be retained in accordance with division (B)(3)  602          

of this section.                                                   603          

      Except as otherwise provided in division (B)(3) of this      605          

section, during this additional period of retention, the           606          

fingerprints and photographs of a child, copies of the             607          

fingerprints and photographs of a child, and records of the        608          

arrest or custody of a child shall be used or released only in     609          

accordance with division (C) of this section.  At the expiration   610          

of the additional period, if no complaint is pending against the   611          

child in relation to the act for which the fingerprints            612          

originally were obtained or taken or in relation to another act    613          

for which the fingerprints were used as authorized by division     614          

(C) of this section and that would be a felony if committed by an  615          

adult, the fingerprints of the child, all copies of the            616          

fingerprints, and all records of the arrest or custody of the      617          

child that was the basis of the taking of the fingerprints shall   618          

be removed from the file and delivered to the juvenile court,      619          

and, if no complaint is pending against the child concerning the   620          

act for which the photographs originally were obtained or taken    621          

or concerning an act that would be a felony if committed by an     622          

adult, the photographs and all copies of the photographs, and, if  623          

no fingerprints were taken at the time the photographs were        624          

taken, all records of the arrest or custody that was the basis of  625          

the taking of the photographs shall be removed from the file and   626          

delivered to the juvenile court.  In either case, if, at the       627          

expiration of the applicable additional period, such a complaint   628          

is pending against the child, the photographs and copies of the    629          

photographs of the child, or the fingerprints and copies of the    630          

                                                          16     

                                                                 
fingerprints of the child, whichever is applicable, and the        631          

records of the arrest or custody of the child may be retained,     632          

subject to division (B)(4) of this section, until final            633          

disposition of the complaint, and upon final disposition of the    634          

complaint, they shall be removed from the file and delivered to    635          

the juvenile court, except that, if the child is adjudicated a     636          

delinquent child for the commission of an act described in         637          

division (B)(3) of this section or is convicted of or pleads       638          

guilty to a criminal offense for the commission of an act          639          

described in division (B)(3) of this section, the fingerprints     640          

and photographs, and the records of the arrest or custody of the   641          

child that was the basis for the taking of the fingerprints and    642          

photographs, shall be retained in accordance with division (B)(3)  643          

of this section.                                                   644          

      (3)  If a child is adjudicated a delinquent child for the    646          

commission of an act in violation of VIOLATING SECTION 2923.42 OF  647          

THE REVISED CODE OR FOR COMMITTING AN ACT THAT WOULD BE A          648          

MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, or is    649          

convicted of or pleads guilty to a criminal offense for the        650          

commission of an act that is a violation of, section 2903.01,      651          

2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.21,     652          

2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,     653          

2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,     654          

2921.34, or 2921.35 of the Revised Code, section 2913.02 2923.42   655          

of the Revised Code involving the theft of a motor vehicle,        656          

former section 2907.12 of the Revised Code, A MISDEMEANOR OFFENSE  657          

OF VIOLENCE, or A VIOLATION OF an existing or former municipal     658          

ordinance or law of this state, another state, or the United       660          

States that is substantially equivalent to SECTION 2923.42 OF THE  661          

REVISED CODE OR any of those sections MISDEMEANOR OFFENSE OF       662          

VIOLENCE, both of the following apply:                                          

      (a)  Originals and copies of fingerprints and photographs    664          

of the child obtained or taken under division (A)(1) of this       665          

section, and any records of the arrest or custody that was the     666          

                                                          17     

                                                                 
basis for the taking of the fingerprints or photographs, may be    667          

retained for the period of time specified by the juvenile judge    668          

in that judge's grant of consent for the taking of the             669          

fingerprints or photographs.  Upon the expiration of the           670          

specified period, all originals and copies of the fingerprints,    671          

photographs, and records shall be delivered to the juvenile court  672          

or otherwise disposed of in accordance with any instructions       673          

specified by the juvenile judge in that judge's grant of consent.  674          

During the period of retention of the photographs and records,     675          

all originals and copies of them shall be retained in a file       676          

separate and apart from all photographs taken of adults.  During   677          

the period of retention of the fingerprints, all originals and     678          

copies of them may be maintained in the files of fingerprints      679          

taken of adults.  If the juvenile judge who grants consent for     680          

the taking of fingerprints and photographs under division (A)(1)   681          

of this section does not specify a period of retention in that     682          

judge's grant of consent, originals and copies of the              684          

fingerprints, photographs, and records may be retained in          685          

accordance with this section as if the fingerprints and            686          

photographs had been taken under division (A)(2) of this section.  687          

      (b)  Originals and copies of fingerprints and photographs    689          

taken under division (A)(2) of this section, and any records of    690          

the arrest or custody that was the basis for the taking of the     691          

fingerprints or photographs, may be retained for the period of     692          

time and in the manner specified in division (B)(3)(b) of this     694          

section.  Prior to the child's attainment of eighteen years of     695          

age, all originals and copies of the photographs and records       696          

shall be retained and shall be kept in a file separate and apart   697          

from all photographs taken of adults.  During the period of        698          

retention of the fingerprints, all originals and copies of them    699          

may be maintained in the files of fingerprints taken of adults.    700          

Upon the child's attainment of eighteen years of age, all          701          

originals and copies of the fingerprints, photographs, and         702          

records shall be disposed of as follows:                           703          

                                                          18     

                                                                 
      (i)  If the juvenile judge issues or previously has issued   705          

an order that specifies a manner of disposition of the originals   706          

and copies of the fingerprints, photographs, and records, they     707          

shall be delivered to the juvenile court or otherwise disposed of  708          

in accordance with the order.                                      709          

      (ii)  If the juvenile judge does not issue and has not       711          

previously issued an order that specifies a manner of disposition  712          

of the originals and copies of the fingerprints not maintained in  713          

adult files, photographs, and records, the law enforcement         714          

agency, in its discretion, either shall remove all originals and   715          

copies of them from the file in which they had been maintained     716          

and transfer them to the files that are used for the retention of  717          

fingerprints and photographs taken of adults who are arrested      718          

for, otherwise taken into custody for, or under investigation for  719          

the commission of a criminal offense or shall remove them from     720          

the file in which they had been maintained and deliver them to     721          

the juvenile court.  If the originals and copies of any            722          

fingerprints of a child who attains eighteen years of age are      723          

maintained in the files of fingerprints taken of adults or if      724          

pursuant to division (B)(3)(b)(ii) of this section the agency      726          

transfers the originals and copies of any fingerprints not         727          

maintained in adult files, photographs, or records to the files    728          

that are used for the retention of fingerprints and photographs    729          

taken of adults who are arrested for, otherwise taken into         730          

custody for, or under investigation for the commission of a        731          

criminal offense, the originals and copies of the fingerprints,    732          

photographs, and records may be maintained, used, and released     733          

after they are maintained in the adult files or after the          734          

transfer as if the fingerprints and photographs had been taken     735          

of, and as if the records pertained to, an adult who was arrested  736          

for, otherwise taken into custody for, or under investigation for  737          

the commission of a criminal offense.                              738          

      (4)  If a sealing or expungement order issued under section  740          

2151.358 of the Revised Code requires the sealing or destruction   741          

                                                          19     

                                                                 
of any fingerprints or photographs of a child obtained or taken    742          

under division (A)(1) or (2) of this section or of the records of  743          

an arrest or custody of a child that was the basis of the taking   744          

of the fingerprints or photographs prior to the expiration of any  745          

period for which they otherwise could be retained under division   746          

(B)(1), (2), or (3) of this section, the fingerprints,             747          

photographs, and arrest or custody records that are subject to     748          

the order and all copies of the fingerprints, photographs, and     749          

arrest or custody records shall be sealed or destroyed in          750          

accordance with the order.                                         751          

      (5)  All fingerprints of a child, photographs of a child,    753          

records of an arrest or custody of a child, and copies delivered   754          

to a juvenile court in accordance with division (B)(1), (2), or    755          

(3) of this section shall be destroyed by the court.               756          

      (6)(a)  All photographs of a child and records of an arrest  758          

or custody of a child retained pursuant to division (B) of this    759          

section and not delivered to a juvenile court shall be kept in a   760          

file separate and apart from fingerprints, photographs, and        761          

records of an arrest or custody of an adult.  All fingerprints of  762          

a child retained pursuant to division (B) of this section and not  763          

delivered to a juvenile court may be maintained in the files of    764          

fingerprints taken of adults.                                      765          

      (b)  If a child who is the subject of photographs or         767          

fingerprints is adjudicated a delinquent child for the commission  768          

of an act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC  769          

OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult or is     770          

convicted of or pleads guilty to a criminal offense that is a      771          

felony, OTHER THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, all   772          

fingerprints not maintained in the files of fingerprints taken of  773          

adults and all photographs of the child, and all records of the    774          

arrest or custody of the child that is the basis of the taking of  775          

the fingerprints or photographs, that are retained pursuant to     776          

division (B) of this section and not delivered to a juvenile       777          

court shall be kept in a file separate and apart from                           

                                                          20     

                                                                 
fingerprints, photographs, and arrest and custody records of       778          

children who have not been adjudicated a delinquent child for the  780          

commission of an act that would be a felony AN OFFENSE, OTHER      781          

THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, if committed by an  782          

adult and have not been convicted of or pleaded guilty to a        783          

criminal offense that is a felony OTHER THAN A TRAFFIC OFFENSE OR  784          

A MINOR MISDEMEANOR.                                                            

      (C)  Until they are delivered to the juvenile court or       786          

sealed, transferred in accordance with division (B)(3)(b) of this  787          

section, or destroyed pursuant to a sealing or expungement order,  788          

the originals and copies of fingerprints and photographs of a      789          

child that are obtained or taken pursuant to division (A)(1) or    790          

(2) of this section, and the records of the arrest or custody of   791          

the child that was the basis of the taking of the fingerprints or  792          

photographs, shall be used or released only as follows:            793          

      (1)  During the initial thirty-day period of retention,      795          

originals and copies of fingerprints and photographs of a child,   796          

and records of the arrest or custody of a child, shall be used,    797          

prior to the filing of a complaint against the child in relation   798          

to the act for which the fingerprints and photographs were         799          

originally obtained or taken, only for the investigation of that   800          

act and shall be released, prior to the filing of the complaint,   801          

only to a court that would have jurisdiction of the child's case   802          

under this chapter.  Subsequent to the filing of a complaint,      803          

originals and copies of fingerprints and photographs of a child,   804          

and records of the arrest or custody of a child, shall be used or  805          

released during the initial thirty-day period of retention only    806          

as provided in division (C)(2)(a), (b), or (c) of this section.    807          

      (2)  Originals and copies of fingerprints and photographs    809          

of a child, and records of the arrest or custody of a child, that  810          

are retained beyond the initial thirty-day period of retention     811          

subsequent to the filing of a complaint, a delinquent child        812          

adjudication, or a conviction of or guilty plea to a criminal      813          

offense shall be used or released only as follows:                 814          

                                                          21     

                                                                 
      (a)  Originals and copies of photographs of a child, and,    816          

if no fingerprints were taken at the time the photographs were     817          

taken, records of the arrest or custody of the child that was the  818          

basis of the taking of the photographs, may be used only as        819          

follows:                                                           820          

      (i)  They may be used for the investigation of the act for   822          

which they originally were obtained or taken; if the child who is  823          

the subject of the photographs is a suspect in the investigation,  824          

for the investigation of any act that would be an offense if       825          

committed by an adult; and for arresting or bringing the child     826          

into custody.                                                      827          

      (ii)  If the child who is the subject of the photographs is  829          

adjudicated a delinquent child for the commission of an act that   830          

would be a felony if committed by an adult or is convicted of or   831          

pleads guilty to a criminal offense that is a felony as a result   832          

of the arrest or custody that was the basis of the taking of the   833          

photographs, a law enforcement officer may use the photographs     834          

for a photo line-up conducted as part of the investigation of any  835          

act that would be a felony if committed by an adult, whether or    836          

not the child who is the subject of the photographs is a suspect   837          

in the investigation.  No later than ninety days after a law       838          

enforcement officer uses the photographs in a photo line-up, the   839          

officer shall return them to the file from which the officer       840          

obtained them.                                                     841          

      (b)  Originals and copies of fingerprints of a child, and    843          

records of the arrest or custody of the child that was the basis   844          

of the taking of the fingerprints, may be used only for the        845          

investigation of the act for which they originally were obtained   846          

or taken; if a child is a suspect in the investigation, for the    847          

investigation of another act that would be an offense if           848          

committed by an adult; and for arresting or bringing the child     849          

into custody.                                                      850          

      (c)  Originals and copies of fingerprints, photographs, and  852          

records of the arrest or custody that was the basis of the taking  853          

                                                          22     

                                                                 
of the fingerprints or photographs shall be released only to the   854          

following:                                                         855          

      (i)  Law enforcement officers of this state or a political   857          

subdivision of this state, upon notification to the juvenile       858          

court of the name and address of the law enforcement officer or    859          

agency to whom or to which they will be released;                  860          

      (ii)  A court that has jurisdiction of the child's case      862          

under Chapter 2151. of the Revised Code or subsequent to a         863          

transfer of the child's case for criminal prosecution pursuant to  864          

section 2151.26 of the Revised Code.                               865          

      (D)  No person shall knowingly do any of the following:      867          

      (1)  Fingerprint or photograph a child in the investigation  869          

of any violation of law other than as provided in division (A)(1)  870          

or (2) of this section or in sections 109.57, 109.60, and 109.61   871          

of the Revised Code;                                                            

      (2)  Retain fingerprints or photographs of a child obtained  873          

or taken under division (A)(1) or (2) of this section, copies of   874          

fingerprints or photographs of that nature, or records of the      876          

arrest or custody that was the basis of the taking of              877          

fingerprints or photographs of that nature other than in           878          

accordance with division (B) of this section;                      880          

      (3)  Use or release fingerprints or photographs of a child   882          

obtained or taken under division (A)(1) or (2) of this section,    883          

copies of fingerprints or photographs of that nature, or records   885          

of the arrest or custody that was the basis of the taking of       886          

fingerprints or photographs of that nature other than in           887          

accordance with division (B) or (C) of this section.               888          

      Sec. 2151.355.  (A)  If a child is adjudicated a delinquent  900          

child, the court may make any of the following orders of           901          

disposition:                                                                    

      (1)  Any order that is authorized by section 2151.353 of     903          

the Revised Code;                                                  904          

      (2)  Place the child on probation under any conditions that  906          

the court prescribes.  If the child is adjudicated a delinquent    907          

                                                          23     

                                                                 
child for violating section 2909.05, 2909.06, or 2909.07 of the    909          

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    910          

make restitution for the property damage caused by the child's     911          

violation as a condition of the child's probation.  If the child   913          

is adjudicated a delinquent child because the child violated any   914          

other section of the Revised Code, the court may require the       915          

child as a condition of the child's probation to make restitution  916          

for the property damage caused by the child's violation and for    917          

the value of the property that was the subject of the violation    918          

the child committed if it would be a theft offense, as defined in  919          

division (K) of section 2913.01 of the Revised Code, if committed  920          

by an adult.  The restitution may be in the form of a cash         921          

reimbursement paid in a lump sum or in installments, the           922          

performance of repair work to restore any damaged property to its  923          

original condition, the performance of a reasonable amount of      924          

labor for the victim approximately equal to the value of the       925          

property damage caused by the child's violation or to the value    926          

of the property that is the subject of the violation if it would   927          

be a theft offense if committed by an adult, the performance of    928          

community service or community work, any other form of             929          

restitution devised by the court, or any combination of the        930          

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           932          

violating a law of this state or the United States, or an          933          

ordinance or regulation of a political subdivision of this state,  934          

that would be a crime if committed by an adult or for violating    936          

division (A) of section 2923.211 of the Revised Code, the court,                

in addition to all other required or permissive conditions of      938          

probation that the court imposes upon the delinquent child         940          

pursuant to division (A)(2) of this section, shall require the     941          

child as a condition of the child's probation to abide by the law  942          

during the period of probation, including, but not limited to,     943          

complying with the provisions of Chapter 2923. of the Revised      944          

                                                          24     

                                                                 
Code relating to the possession, sale, furnishing, transfer,       945          

disposition, purchase, acquisition, carrying, conveying, or use    946          

of, or other conduct involving a firearm or dangerous ordnance,    947          

as defined in section 2923.11 of the Revised Code.                 948          

      (3)  Commit the child to the temporary custody of any        950          

school, camp, institution, or other facility operated for the      951          

care of delinquent children by the county, by a district           953          

organized under section 2151.34 or 2151.65 of the Revised Code,    954          

or by a private agency or organization, within or without the      955          

state, that is authorized and qualified to provide the care,       956          

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      958          

committing an act that would be a felony of the third, fourth, or  959          

fifth degree if committed by an adult or for violating division    961          

(A) of section 2923.211 of the Revised Code, commit the child to   962          

the legal custody of the department of youth services for          963          

institutionalization for an indefinite term consisting of a        964          

minimum period of six months and a maximum period not to exceed    965          

the child's attainment of twenty-one years of age;                 966          

      (5)(a)  If the child is adjudicated a delinquent child for   968          

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         969          

division (A) of section 2903.04 of the Revised Code or for         970          

violating any provision of section 2907.02 of the Revised Code     971          

other than division (A)(1)(b) of that section when the sexual      973          

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   975          

than the delinquent child, was the same age as the delinquent      976          

child, or was less than three years younger than the delinquent    977          

child, commit the child to the legal custody of the department of  978          

youth services for institutionalization in a secure facility for   979          

an indefinite term consisting of a minimum period of one to three  980          

years, as prescribed by the court, and a maximum period not to     981          

exceed the child's attainment of twenty-one years of age;          982          

      (b)  If the child is adjudicated a delinquent child for      985          

                                                          25     

                                                                 
violating section 2923.02 of the Revised Code and if the           986          

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    988          

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   989          

consisting of a minimum period of six to seven years, as           990          

prescribed by the court, and a maximum period not to exceed the    991          

child's attainment of twenty-one years of age;                                  

      (c)  If the child is adjudicated a delinquent child for      993          

committing an act that is not described in division (A)(5)(a) or   994          

(b), of this section and that would be a felony of the first or    995          

second degree if committed by an adult, commit the child to the    996          

legal custody of the department of youth services for              997          

institutionalization in a secure facility for an indefinite term   998          

consisting of a minimum period of one year and a maximum period    999          

not to exceed the child's attainment of twenty-one years of age;   1,000        

      (6)  If the child is adjudicated a delinquent child for      1,002        

committing a violation of section 2903.01 or 2903.02 of the        1,003        

Revised Code, commit the child to the legal custody of the         1,005        

department of youth services for institutionalization in a secure  1,006        

facility until the child's attainment of twenty-one years of age;  1,007        

      (7)(a)  If the child is adjudicated a delinquent child for   1,010        

committing an act, other than a violation of section 2923.12 of    1,011        

the Revised Code, that would be a felony if committed by an adult  1,012        

and is committed to the legal custody of the department of youth   1,013        

services pursuant to division (A)(4), (5), or (6) of this section  1,014        

and if the court determines that the child, if the child was an    1,015        

adult, would be guilty of a specification of the type set forth    1,016        

in section 2941.141 , 2941.144, 2941.145, or 2941.146 of the       1,017        

Revised Code in relation to the act for which the child was        1,018        

adjudicated a delinquent child, commit the child to the legal      1,019        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        1,020        

period of time, subject to division (A)(7)(b)(c) of this section:  1,021        

                                                          26     

                                                                 
      (i)  If the child would be guilty of a specification of the  1,023        

type set forth in section 2941.141 of the Revised Code, a period   1,024        

of one year;                                                       1,025        

      (ii)  If the child would be guilty of a specification of     1,027        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   1,028        

the Revised Code, a period of three years.                         1,030        

      (b)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR      1,032        

COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT  1,033        

AND IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH   1,034        

SERVICES PURSUANT TO DIVISION (A)(4), (5), OR (6) OF THIS SECTION  1,035        

AND IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN    1,036        

ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH    1,037        

IN DIVISION (A) OF SECTION 2941.142 OF THE REVISED CODE IN         1,038        

RELATION TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A          1,039        

DELINQUENT CHILD, COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE                  

DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE  1,040        

FACILITY FOR A PERIOD OF THREE YEARS, SUBJECT TO DIVISION          1,042        

(A)(7)(c) OF THIS SECTION.                                                      

      (c)  The court shall not commit a child to the legal         1,045        

custody of the department of youth services pursuant to division   1,046        

(A)(7)(a) OR (b) of this section for a period of time that         1,047        

exceeds three years.  The period of commitment imposed pursuant    1,048        

to division (A)(7)(a) OR (b) of this section shall be in addition  1,050        

to, and shall be served consecutively with and prior to, a period  1,051        

of commitment ordered pursuant to division (A)(4), (5), or (6) of  1,052        

this section, provided that the total of all the periods of        1,053        

commitment shall not exceed the child's attainment of twenty-one   1,054        

years of age.                                                                   

      (8)(a)  Impose a fine and costs in accordance with the       1,057        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)  Require the child to make restitution for all or part   1,059        

of the property damage caused by the child's delinquent act and    1,060        

for all or part of the value of the property that was the subject  1,061        

of any delinquent act the child committed that would be a theft    1,062        

                                                          27     

                                                                 
offense, as defined in division (K) of section 2913.01 of the      1,063        

Revised Code, if committed by an adult.  If the court determines   1,064        

that the victim of the child's delinquent act was sixty-five       1,065        

years of age or older or permanently and totally disabled at the   1,066        

time of the commission of the act, the court, regardless of        1,067        

whether or not the child knew the age of the victim, shall         1,068        

consider that fact in favor of imposing restitution, but that      1,069        

fact shall not control the decision of the court.  The             1,070        

restitution may be in the form of a cash reimbursement paid in a   1,071        

lump sum or in installments, the performance of repair work to     1,072        

restore any damaged property to its original condition, the        1,073        

performance of a reasonable amount of labor for the victim, the    1,074        

performance of community service or community work, any other      1,075        

form of restitution devised by the court, or any combination of    1,076        

the previously described forms of restitution.                     1,077        

      (9)  Suspend or revoke the driver's license or temporary     1,079        

instruction permit issued to the child or suspend or revoke the    1,080        

registration of all motor vehicles registered in the name of the   1,081        

child;                                                             1,082        

      (10)  If the child is adjudicated a delinquent child for     1,084        

committing an act that, if committed by an adult, would be a       1,086        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     1,087        

Revised Code, impose a period of electronically monitored house    1,088        

detention in accordance with division (I) of this section that     1,090        

does not exceed the maximum sentence of imprisonment that could    1,091        

be imposed upon an adult who commits the same act;                 1,092        

      (11)  Commit the child to the temporary or permanent         1,094        

custody of the court;                                                           

      (12)  Make any further disposition that the court finds      1,096        

proper, except that the child shall not be placed in any state     1,097        

correctional institution, county, multicounty, or municipal jail   1,098        

or workhouse, or any other place in which an adult convicted of a  1,099        

crime, under arrest, or charged with a crime is held.              1,100        

                                                          28     

                                                                 
      (B)(1)  If a child is adjudicated a delinquent child for     1,103        

violating section 2923.32 of the Revised Code, the court, in       1,104        

addition to any order of disposition it makes for the child under  1,105        

division (A) of this section, shall enter an order of criminal     1,106        

forfeiture against the child, in accordance with divisions         1,107        

(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of     1,108        

the Revised Code.                                                               

      (2)  If a child is adjudicated a delinquent child for        1,111        

committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         1,112        

adjudication orders the commitment of the child, for two or more   1,113        

of those acts, to the legal custody of the department of youth     1,114        

services for institutionalization or institutionalization in a     1,115        

secure facility pursuant to division (A)(4), (5), or (6) of this   1,116        

section, the court may order that all of the periods of            1,117        

commitment imposed under those divisions for those acts be served  1,119        

consecutively in the legal custody of the department of youth      1,120        

services and, if applicable, be in addition to and commence        1,121        

immediately following the expiration of a period of commitment     1,122        

that the court imposes pursuant to division (A)(7) of this         1,123        

section.  A court shall not commit a delinquent child to the       1,124        

legal custody of the department of youth services under division   1,125        

(B)(2) of this section for a period that exceeds the child's       1,126        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        1,128        

committing an act that, if committed by an adult, would be a drug  1,130        

abuse offense, as defined in section 2925.01 of the Revised Code,  1,131        

or for violating division (B) of section 2917.11 of the Revised    1,132        

Code, in addition to imposing in its discretion any other order    1,133        

of disposition authorized by this section, the court shall do      1,134        

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     1,136        

alcohol abuse counseling program;                                  1,137        

      (2)  Suspend or revoke the temporary instruction permit or   1,139        

                                                          29     

                                                                 
probationary operator's license issued to the child until the      1,140        

child attains eighteen years of age or attends, at the discretion  1,142        

of the court, and satisfactorily completes, a drug abuse or        1,143        

alcohol abuse education, intervention, or treatment program        1,144        

specified by the court.  During the time the child is attending    1,145        

the program, the court shall retain any temporary instruction      1,146        

permit or probationary license issued to the child, and the court               

shall return the permit or license when the child satisfactorily   1,147        

completes the program.                                             1,148        

      (D)(1)  At the dispositional hearing and prior to making     1,150        

any disposition pursuant to division (A) of this section, the      1,151        

court shall determine whether a victim of the delinquent act       1,152        

committed by the child was five years of age or younger at the     1,153        

time the delinquent act was committed, whether a victim of the     1,154        

delinquent act sustained physical harm to the victim's person      1,155        

during the commission of or otherwise as a result of the           1,156        

delinquent act, whether a victim of the delinquent act was         1,157        

sixty-five years of age or older or permanently and totally        1,158        

disabled at the time the delinquent act was committed, and         1,159        

whether the delinquent act would have been an offense of violence  1,160        

if committed by an adult.  If the victim was five years of age or  1,161        

younger at the time the delinquent act was committed, sustained    1,162        

physical harm to the victim's person during the commission of or                

otherwise as a result of the delinquent act, or was sixty-five     1,163        

years of age or older or permanently and totally disabled at the   1,165        

time the act was committed, regardless of whether the child knew   1,166        

the age of the victim, and if the act would have been an offense   1,167        

of violence if committed by an adult, the court shall consider     1,168        

those facts in favor of imposing commitment under division         1,169        

(A)(3), (4), (5), or (6) of this section, but those facts shall    1,170        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    1,172        

disposition pursuant to division (A)(4), (5), or (6) of this       1,173        

section, the court shall determine whether the delinquent child    1,174        

                                                          30     

                                                                 
previously has been adjudicated a delinquent child for a           1,175        

violation of a law or ordinance.  If the delinquent child          1,176        

previously has been adjudicated a delinquent child for a           1,177        

violation of a law or ordinance, the court, for purposes of                     

entering an order of disposition for the delinquent child under    1,178        

this section, shall consider the previous delinquent child         1,180        

adjudication as a conviction of a violation of the law or          1,181        

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         1,182        

      (E)(1)  When a juvenile court commits a delinquent child to  1,184        

the custody of the department of youth services pursuant to this   1,185        

section, the court shall not designate the specific institution    1,186        

in which the department is to place the child but instead shall    1,188        

specify that the child is to be institutionalized or that the      1,189        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          1,190        

      (2)  When a juvenile court commits a delinquent child to     1,192        

the custody of the department of youth services, the court shall   1,193        

provide the department with the child's social history, the        1,194        

child's medical records, a copy of the report of any mental        1,195        

examination of the child ordered by the court, the section or      1,196        

sections of the Revised Code violated by the child and the degree  1,197        

of the violation, the warrant to convey the child to the           1,198        

department, and a copy of the court's journal entry ordering the   1,199        

commitment of the child to the legal custody of the department.    1,200        

The department may refuse to accept physical custody of a          1,201        

delinquent child who is committed to the legal custody of the      1,202        

department until the court provides to the department the          1,203        

documents specified in division (E)(2) of this section.  No        1,204        

officer or employee of the department who refuses to accept        1,205        

physical custody of a delinquent child who is committed to the     1,207        

legal custody of the department shall be subject to prosecution    1,208        

or contempt of court for the refusal if the court fails to         1,209        

provide the documents specified in division (E)(2) of this         1,210        

                                                          31     

                                                                 
section at the time the court transfers the physical custody of    1,211        

the child to the department.                                                    

      (3)  Within five working days after the juvenile court       1,213        

commits a delinquent child to the custody of the department of     1,214        

youth services, the court shall provide the department with a      1,215        

copy of the arrest record pertaining to the act for which the      1,216        

child was adjudicated a delinquent child, a copy of any victim     1,217        

impact statement pertaining to that act, and any other             1,218        

information concerning the child that the department reasonably    1,219        

requests.  Within twenty working days after the department of      1,220        

youth services receives physical custody of a delinquent child     1,221        

from a juvenile court, the court shall provide the department      1,222        

with a certified copy of the child's birth certificate or the      1,224        

child's social security number, or, if the court made all                       

reasonable efforts to obtain the information but was               1,225        

unsuccessful, the court shall provide the department with          1,226        

documentation of the efforts it made to obtain the information.    1,227        

      (4)  When a juvenile court commits a delinquent child to     1,229        

the custody of the department of youth services, the court shall   1,230        

give notice to the school attended by the child of the child's     1,231        

commitment by sending to that school a copy of the court's         1,232        

journal entry ordering the commitment.  As soon as possible after  1,233        

receipt of the notice described in this division, the school       1,234        

shall provide the department with the child's school transcript.   1,235        

However, the department shall not refuse to accept a child         1,236        

committed to it, and a child committed to it shall not be held in  1,237        

a county or district detention home, because of a school's         1,238        

failure to provide the school transcript that it is required to    1,239        

provide under division (E)(4) of this section.                     1,240        

      (5)  The department of youth services shall provide the      1,242        

court and the school with an updated copy of the child's school    1,243        

transcript and shall provide the court with a summary of the       1,244        

institutional record of the child when it releases the child from  1,245        

institutional care.  The department also shall provide the court   1,246        

                                                          32     

                                                                 
with a copy of any portion of the child's institutional record     1,247        

that the court specifically requests within five working days of   1,248        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     1,250        

the custody of the department of youth services pursuant to        1,251        

division (A)(4) or (5) of this section, the court shall state in   1,252        

the order of commitment the total number of days that the child    1,253        

has been held, as of the date of the issuance of the order, in     1,254        

detention in connection with the delinquent child complaint upon   1,255        

which the order of commitment is based.  The department shall      1,257        

reduce the minimum period of institutionalization or minimum       1,258        

period of institutionalization in a secure facility specified in   1,259        

division (A)(4) or (5) of this section by both the total number    1,260        

of days that the child has been so held in detention as stated by  1,261        

the court in the order of commitment and the total number of any   1,262        

additional days that the child has been held in detention          1,263        

subsequent to the order of commitment but prior to the transfer    1,264        

of physical custody of the child to the department.                             

      (F)(1)  At any hearing at which a child is adjudicated a     1,267        

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   1,268        

entitled to a recovery under any of the following sections, of     1,269        

the right of the victims to recover, pursuant to section 3109.09   1,270        

of the Revised Code, compensatory damages from the child's         1,271        

parents; of the right of the victims to recover, pursuant to       1,272        

section 3109.10 of the Revised Code, compensatory damages from     1,273        

the child's parents for willful and malicious assaults committed   1,274        

by the child; and of the right of the victims to recover an award  1,275        

of reparations pursuant to sections 2743.51 to 2743.72 of the      1,276        

Revised Code.                                                      1,277        

      (2)  If a child is adjudicated a delinquent child for        1,280        

committing an act that, if committed by an adult, would be         1,281        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           1,282        

                                                          33     

                                                                 
involuntary manslaughter, a felony of the first or second degree   1,284        

resulting in the death of or physical harm to a person,            1,285        

complicity in or an attempt to commit any of those offenses, or                 

an offense under an existing or former law of this state that is   1,286        

or was substantially equivalent to any of those offenses and if    1,287        

the court in its order of disposition for that act commits the     1,288        

child to the custody of the department of youth services, the      1,289        

court may make a specific finding that the adjudication should be  1,290        

considered a conviction for purposes of a determination in the     1,291        

future, pursuant to Chapter 2929. of the Revised Code, as to       1,292        

whether the child is a repeat violent offender as defined in       1,293        

section 2929.01 of the Revised Code.  If the court makes a         1,294        

specific finding as described in this division, it shall include   1,295        

the specific finding in its order of disposition and in the        1,296        

record in the case.                                                             

      (G)(1)  If a child is adjudicated a delinquent child for     1,298        

committing an act that would be a felony if committed by an adult  1,300        

and if the child caused, attempted to cause, threatened to cause,  1,301        

or created the risk of physical harm to the victim of the act,     1,302        

the court, prior to issuing an order of disposition under this     1,303        

section, shall order the preparation of a victim impact statement  1,304        

by the probation department of the county in which the victim of   1,305        

the act resides, by the court's own probation department, or by a  1,306        

victim assistance program that is operated by the state, a         1,307        

county, a municipal corporation, or another governmental entity.   1,308        

The court shall consider the victim impact statement in            1,309        

determining the order of disposition to issue for the child.       1,310        

      (2)  Each victim impact statement shall identify the victim  1,312        

of the act for which the child was adjudicated a delinquent        1,313        

child, itemize any economic loss suffered by the victim as a       1,314        

result of the act, identify any physical injury suffered by the    1,315        

victim as a result of the act and the seriousness and permanence   1,316        

of the injury, identify any change in the victim's personal        1,317        

welfare or familial relationships as a result of the act and any   1,318        

                                                          34     

                                                                 
psychological impact experienced by the victim or the victim's     1,319        

family as a result of the act, and contain any other information   1,320        

related to the impact of the act upon the victim that the court    1,321        

requires.                                                          1,322        

      (3)  A victim impact statement shall be kept confidential    1,324        

and is not a public record, as defined in section 149.43 of the    1,325        

Revised Code.  However, the court may furnish copies of the        1,326        

statement to the department of youth services pursuant to          1,327        

division (E)(3) of this section or to both the adjudicated         1,328        

delinquent child or the adjudicated delinquent child's counsel     1,329        

and the prosecuting attorney.  The copy of a victim impact         1,331        

statement furnished by the court to the department pursuant to     1,332        

division (E)(3) of this section shall be kept confidential and is  1,333        

not a public record, as defined in section 149.43 of the Revised   1,334        

Code.  The copies of a victim impact statement that are made       1,335        

available to the adjudicated delinquent child or the adjudicated   1,336        

delinquent child's counsel and the prosecuting attorney pursuant   1,338        

to division (G)(3) of this section shall be returned to the court  1,340        

by the person to whom they were made available immediately         1,341        

following the imposition of an order of disposition for the child  1,342        

under this section.                                                             

      (H)(1)  As used in this division (H)(2) OF THIS SECTION,     1,345        

"felony drug abuse offense" has the same meaning as in section                  

2925.01 of the Revised Code.                                       1,347        

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   1,349        

to children who are adjudicated or could be adjudicated by a       1,350        

juvenile court to be delinquent children for an act that, if       1,351        

committed by an adult, would be a felony drug abuse offense.       1,352        

Subject to division (B) of section 2925.42 and division (E) of     1,353        

section 2925.43 of the Revised Code, a delinquent child of that    1,354        

nature loses any right to the possession of, and forfeits to the   1,355        

state any right, title, and interest that the delinquent child     1,356        

may have in, property as defined in section 2925.41 and further    1,358        

described in section 2925.42 or 2925.43 of the Revised Code.       1,359        

                                                          35     

                                                                 
      (3)  SECTIONS 2923.45 TO 2923.48 OF THE REVISED CODE APPLY   1,362        

TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A       1,363        

JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION   1,364        

OF SECTION 2923.42 OF THE REVISED CODE.  SUBJECT TO DIVISION (B)   1,366        

OF SECTION 2923.45 AND DIVISION (E) OF SECTION 2923.46 OF THE      1,367        

REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT    1,368        

TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,               

AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS    1,369        

DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER         1,370        

DESCRIBED IN SECTION 2923.45 OR 2923.46 OF THE REVISED CODE.       1,371        

      (I)(1)  As used in this section:                             1,373        

      (a)  "Electronic monitoring device," "certified electronic   1,375        

monitoring device," "electronic monitoring system," and            1,376        

"certified electronic monitoring system" have the same meanings    1,377        

as in section 2929.23 of the Revised Code.                         1,378        

      (b)  "Electronically monitored house detention" means a      1,380        

period of confinement of a child in the child's home or in other   1,381        

premises specified by the court, during which period of            1,383        

confinement all of the following apply:                            1,384        

      (i)  The child wears, otherwise has attached to the child's  1,386        

person, or otherwise is subject to monitoring by a certified       1,387        

electronic monitoring device or is subject to monitoring by a      1,388        

certified electronic monitoring system.                            1,389        

      (ii)  The child is required to remain in the child's home    1,391        

or other premises specified by the court for the specified period  1,392        

of confinement, except for periods of time during which the child  1,393        

is at school or at other premises as authorized by the court.      1,394        

      (iii)  The child is subject to monitoring by a central       1,396        

system that monitors the certified electronic monitoring device    1,397        

that is attached to the child's person or that otherwise is being  1,398        

used to monitor the child and that can monitor and determine the   1,400        

child's location at any time or at a designated point in time, or  1,401        

the child is required to participate in monitoring by a certified  1,403        

electronic monitoring system.                                      1,404        

                                                          36     

                                                                 
      (iv)  The child is required by the court to report           1,406        

periodically to a person designated by the court.                  1,407        

      (v)  The child is subject to any other restrictions and      1,409        

requirements that may be imposed by the court.                     1,410        

      (2)  A juvenile court, pursuant to division (A)(10) of this  1,412        

section, may impose a period of electronically monitored house     1,413        

detention upon a child who is adjudicated a delinquent child for   1,414        

committing an act that, if committed by an adult, would be a       1,415        

criminal offense that would qualify the adult as an eligible       1,416        

offender pursuant to division (A)(3) of section 2929.23 of the     1,417        

Revised Code.  The court may impose a period of electronically     1,418        

monitored house detention in addition to or in lieu of any other   1,419        

dispositional order imposed upon the child, except that any        1,420        

period of electronically monitored house detention shall not       1,421        

extend beyond the child's eighteenth birthday.  If a court         1,422        

imposes a period of electronically monitored house detention upon  1,423        

a child, it shall require the child to wear, otherwise have        1,424        

attached to the child's person, or otherwise be subject to         1,425        

monitoring by a certified electronic monitoring device or to       1,427        

participate in the operation of and monitoring by a certified      1,428        

electronic monitoring system; to remain in the child's home or     1,429        

other specified premises for the entire period of electronically   1,431        

monitored house detention, except when the court permits the       1,432        

child to leave those premises to go to school or to other          1,433        

specified premises; to be monitored by a central system that       1,434        

monitors the certified electronic monitoring device that is        1,435        

attached to the child's person or that otherwise is being used to  1,436        

monitor the child and that can monitor and determine the child's   1,437        

location at any time or at a designated point in time or to be     1,438        

monitored by the certified electronic monitoring system; to                     

report periodically to a person designated by the court; and, in   1,439        

return for receiving a dispositional order of electronically       1,440        

monitored house detention, to enter into a written contract with   1,441        

the court agreeing to comply with all restrictions and             1,442        

                                                          37     

                                                                 
requirements imposed by the court, agreeing to pay any fee         1,443        

imposed by the court for the costs of the electronically           1,444        

monitored house detention imposed by the court pursuant to         1,445        

division (E) of section 2929.23 of the Revised Code, and agreeing  1,446        

to waive the right to receive credit for any time served on        1,447        

electronically monitored house detention toward the period of any  1,448        

other dispositional order imposed upon the child for the act for   1,449        

which the dispositional order of electronically monitored house    1,450        

detention was imposed if the child violates any of the             1,451        

restrictions or requirements of the dispositional order of         1,452        

electronically monitored house detention.  The court also may      1,453        

impose other reasonable restrictions and requirements upon the     1,454        

child.                                                                          

      (3)  If a child violates any of the restrictions or          1,456        

requirements imposed upon the child as part of the child's         1,457        

dispositional order of electronically monitored house detention,   1,458        

the child shall not receive credit for any time served on          1,459        

electronically monitored house detention toward any other          1,460        

dispositional order imposed upon the child for the act for which   1,461        

the dispositional order of electronically monitored house          1,463        

detention was imposed.                                                          

      (J)  Within ten days after completion of the adjudication,   1,465        

the court shall give written notice of an adjudication that a      1,466        

child is a delinquent child to the superintendent of a city,       1,467        

local, exempted village, or joint vocational school district if    1,468        

the basis of the adjudication was the commission of an act that    1,469        

would be a criminal offense if committed by an adult and that was  1,470        

committed by the delinquent child when the child was sixteen       1,471        

years of age or older and if the act is any of the following:      1,472        

      (1)  A violation of section 2923.122 of the Revised Code     1,474        

that relates to property owned or controlled by, or to an          1,475        

activity held under the auspices of, the board of education of     1,476        

that school district;                                              1,477        

      (2)  A violation of section 2923.12 of the Revised Code or   1,479        

                                                          38     

                                                                 
of a substantially similar municipal ordinance that was committed  1,480        

on property owned or controlled by, or at an activity held under   1,481        

the auspices of, the board of education of that school district;   1,482        

      (3)  A violation of division (A) of section 2925.03 or       1,484        

2925.11 of the Revised Code that was committed on property owned   1,485        

or controlled by, or at an activity held under the auspices of,    1,486        

the board of education of that school district and that is not a   1,487        

minor drug possession offense as defined in section 2925.01 of     1,488        

the Revised Code;                                                               

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       1,490        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      1,492        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    1,493        

at an activity held under the auspices of, the board of education  1,494        

of that school district, if the victim at the time of the          1,496        

commission of the act was an employee of the board of education    1,497        

of that school district;                                                        

      (5)  A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE      1,499        

THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN    1,500        

ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF     1,501        

THAT SCHOOL DISTRICT;                                                           

      (6)  Complicity in any violation described in division       1,503        

(J)(1), (2), (3), or (4), OR (5) of this section that was alleged  1,505        

to have been committed in the manner described in division         1,506        

(J)(1), (2), (3), or (4), OR (5) of this section, regardless of    1,508        

whether the act of complicity was committed on property owned or   1,509        

controlled by, or at an activity held under the auspices of, the   1,510        

board of education of that school district.                        1,511        

      (K)  During the period of a delinquent child's probation     1,513        

granted under division (A)(2) of this section, authorized          1,515        

probation officers who are engaged within the scope of their       1,516        

supervisory duties or responsibilities may search, with or         1,517        

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         1,518        

                                                          39     

                                                                 
another item of tangible or intangible personal property, or       1,519        

other real property in which the delinquent child has a right,     1,520        

title, or interest or for which the delinquent child has the       1,521        

express or implied permission of a person with a right, title, or  1,522        

interest to use, occupy, or possess if the probation officers      1,523        

have reasonable grounds to believe that the delinquent child is    1,524        

not abiding by the law or otherwise is not complying with the      1,525        

conditions of the delinquent child's probation.  The court that    1,526        

places a delinquent child on probation under division (A)(2) of    1,527        

this section shall provide the delinquent child with a written     1,528        

notice that informs the delinquent child that authorized           1,529        

probation officers who are engaged within the scope of their       1,530        

supervisory duties or responsibilities may conduct those types of  1,532        

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     1,533        

the law or otherwise is not complying with the conditions of the   1,534        

delinquent child's probation.  The court also shall provide the    1,535        

written notice described in division (C)(2)(b) of section          1,536        

2151.411 of the Revised Code to each parent, guardian, or                       

custodian of the delinquent child who is described in division     1,537        

(C)(2)(a) of that section.                                         1,538        

      Sec. 2923.41.  AS USED IN SECTIONS 2923.41 TO 2923.49 OF     1,540        

THE REVISED CODE:                                                               

      (A)  "CRIMINAL GANG" MEANS AN ONGOING FORMAL OR INFORMAL     1,542        

ORGANIZATION, ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS TO    1,543        

WHICH ALL OF THE FOLLOWING APPLY:                                  1,544        

      (1)  IT HAS AS ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION  1,547        

OF ONE OR MORE OF THE OFFENSES LISTED IN DIVISION (B) OF THIS      1,548        

SECTION.                                                                        

      (2)  IT HAS A COMMON NAME OR ONE OR MORE COMMON,             1,550        

IDENTIFYING SIGNS, SYMBOLS, OR COLORS.                             1,551        

      (3)  THE PERSONS IN THE ORGANIZATION, ASSOCIATION, OR GROUP  1,553        

INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN A        1,554        

PATTERN OF CRIMINAL GANG ACTIVITY.                                              

                                                          40     

                                                                 
      (B)(1)  "PATTERN OF CRIMINAL GANG ACTIVITY" MEANS, SUBJECT   1,556        

TO DIVISION (B)(2) OF THIS SECTION, THE COMMISSION OF, ATTEMPTED   1,559        

COMMISSION OF, CONSPIRACY TO COMMIT, COMPLICITY IN THE COMMISSION               

OF, OR SOLICITATION, COERCION, OR INTIMIDATION OF ANOTHER TO       1,561        

COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE IN            1,562        

COMPLICITY IN THE COMMISSION OF TWO OR MORE OF ANY OF THE          1,563        

FOLLOWING OFFENSES:                                                             

      (a)  A FELONY OR AN ACT COMMITTED BY A JUVENILE THAT WOULD   1,565        

BE A FELONY IF COMMITTED BY AN ADULT;                              1,566        

      (b)  AN OFFENSE OF VIOLENCE OR AN ACT COMMITTED BY A         1,568        

JUVENILE THAT WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN   1,569        

ADULT;                                                                          

      (c)  A VIOLATION OF SECTION 2903.05, 2903.14, 2905.05,       1,572        

2905.12, 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23,     1,573        

2907.24, 2907.25, 2907.31, 2907.311, 2907.33, 2909.06, 2911.211,   1,574        

2917.04, 2919.22, 2919.23, OR 2919.24 OF THE REVISED CODE,                      

SECTION 2919.27 OF THE REVISED CODE IF THE OFFENSE INVOLVES THE    1,575        

VIOLATION OF AN ANTI-STALKING PROTECTION ORDER, SECTION 2921.04,   1,577        

2923.15, OR 2923.16 OF THE REVISED CODE, SECTION 2925.03 OF THE                 

REVISED CODE IF THE OFFENSE IS TRAFFICKING IN MARIHUANA, OR        1,579        

SECTION 2927.12 OF THE REVISED CODE.                               1,580        

      (2)  THERE IS A "PATTERN OF CRIMINAL GANG ACTIVITY" IF AT    1,582        

LEAST ONE OF THE TWO OR MORE OFFENSES LISTED IN DIVISION           1,584        

(B)(1)(a), (b), OR (c) OF THIS SECTION THAT THE OFFENDER           1,586        

COMMITTED, ATTEMPTED TO COMMIT, CONSPIRED TO COMMIT, OR WAS IN     1,587        

COMPLICITY IN COMMITTING, OR SOLICITED, COERCED, OR INTIMIDATED    1,588        

ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE    1,589        

IN COMPLICITY IN COMMITTING OCCURS ON OR AFTER THE EFFECTIVE DATE  1,590        

OF THIS SECTION, THE LAST OF THOSE TWO OR MORE OFFENSES OCCURS     1,591        

WITHIN FIVE YEARS AFTER AT LEAST ONE OF THOSE OFFENSES, AND THOSE  1,592        

TWO OR MORE OFFENSES ARE COMMITTED ON SEPARATE OCCASIONS.          1,593        

      (C)  "CRIMINAL CONDUCT" MEANS THE COMMISSION OF, AN ATTEMPT  1,595        

TO COMMIT, A CONSPIRACY TO COMMIT, COMPLICITY IN THE COMMISSION    1,597        

OF, OR SOLICITATION, COERCION, OR INTIMIDATION OF ANOTHER TO       1,598        

                                                          41     

                                                                 
COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE IN            1,599        

COMPLICITY IN THE COMMISSION OF AN OFFENSE LISTED IN DIVISION      1,600        

(B)(1)(a), (b), OR (c) OF THIS SECTION OR AN ACT THAT IS           1,601        

COMMITTED BY A JUVENILE AND THAT WOULD BE AN OFFENSE, AN ATTEMPT   1,603        

TO COMMIT AN OFFENSE, A CONSPIRACY TO COMMIT AN OFFENSE,           1,604        

COMPLICITY IN THE COMMISSION OF, OR SOLICITATION, COERCION, OR     1,605        

INTIMIDATION OF ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO  1,606        

COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF AN OFFENSE        1,607        

LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION IF       1,609        

COMMITTED BY AN ADULT.                                                          

      (D)  "JUVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS   1,611        

OF AGE.                                                                         

      (E)  "SCHOOL," "SCHOOL PREMISES," AND "SCHOOL BUILDING"      1,614        

HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE REVISED CODE.  1,615        

      (F)  "SCHOOL ACTIVITY" MEANS ANY ACTIVITY HELD UNDER THE     1,617        

AUSPICES OF A BOARD OF EDUCATION OF A CITY, LOCAL, COUNTY,         1,618        

EXEMPTED VILLAGE, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION       1,619        

SCHOOL DISTRICT OR THE GOVERNING BODY OF A SCHOOL FOR WHICH THE    1,620        

STATE BOARD OF EDUCATION PRESCRIBES MINIMUM STANDARDS UNDER        1,621        

SECTION 3301.07 OF THE REVISED CODE.                                            

      (G)  "SCHOOL BUS" HAS THE SAME MEANING AS IN SECTION         1,623        

4511.01 OF THE REVISED CODE.                                       1,624        

      (H)  "LAW ENFORCEMENT AGENCY" INCLUDES, BUT IS NOT LIMITED   1,626        

TO, THE STATE BOARD OF PHARMACY AND THE OFFICE OF A PROSECUTOR.    1,627        

      (I)  "PROSECUTOR" HAS THE SAME MEANING AS IN SECTION         1,630        

2935.01 OF THE REVISED CODE.                                       1,631        

      (J)  "FINANCIAL INSTITUTION" MEANS A BANK, CREDIT UNION,     1,633        

SAVINGS AND LOAN ASSOCIATION, OR A LICENSEE OR REGISTRANT UNDER    1,635        

CHAPTER 1321. OF THE REVISED CODE.                                              

      (K)  "PROPERTY" INCLUDES BOTH OF THE FOLLOWING:              1,637        

      (1)  REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, THINGS    1,639        

GROWING ON, AFFIXED TO, AND FOUND IN THE REAL PROPERTY;            1,641        

      (2)  TANGIBLE AND INTANGIBLE PERSONAL PROPERTY, INCLUDING,   1,643        

BUT NOT LIMITED TO, RIGHTS, PRIVILEGES, INTERESTS, CLAIMS, AND     1,645        

                                                          42     

                                                                 
SECURITIES.                                                                     

      (L)  "FIREARMS" AND "DANGEROUS ORDNANCE" HAVE THE SAME       1,647        

MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE.                1,648        

      (M)    "COMPUTERS," "COMPUTER NETWORKS," "COMPUTER           1,650        

SYSTEMS," AND "COMPUTER SOFTWARE" HAVE THE SAME MEANINGS AS IN     1,651        

SECTION 2913.01 OF THE REVISED CODE.                                            

      (N)  "VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01    1,653        

OF THE REVISED CODE.                                                            

      Sec. 2923.42.  (A)  NO PERSON WHO ACTIVELY PARTICIPATES IN   1,656        

A CRIMINAL GANG, WITH KNOWLEDGE THAT THE CRIMINAL ENGAGES IN OR    1,657        

HAS ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY, SHALL          1,658        

PURPOSELY PROMOTE, FURTHER, OR ASSIST ANY CRIMINAL CONDUCT, AS                  

DEFINED IN DIVISION (C) OF SECTION 2923.41 OF THE REVISED CODE,    1,659        

OR SHALL PURPOSELY COMMIT OR ENGAGE IN ANY ACT THAT CONSTITUTES    1,661        

CRIMINAL CONDUCT, AS DEFINED IN DIVISION (C) OF SECTION 2923.41    1,662        

OF THE REVISED CODE.                                                            

      (B)(1)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF           1,665        

PARTICIPATING IN A CRIMINAL GANG.                                               

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(3) OF      1,667        

THIS SECTION, PARTICIPATING IN A CRIMINAL GANG IS A FELONY OF THE  1,668        

FOURTH DEGREE.                                                     1,669        

      (3)  PARTICIPATING IN A CRIMINAL GANG IS A FELONY OF THE     1,671        

THIRD DEGREE IF ANY OF THE FOLLOWING APPLIES:                      1,672        

      (a)  THE VICTIM OF THE OFFENSE IS A PEACE OFFICER,           1,674        

CORRECTION OFFICER, JUVENILE DETENTION OFFICER, OR PROBATION       1,675        

OFFICER, IS OVER SIXTY YEARS OF AGE, OR IS LESS THAN THIRTEEN      1,676        

YEARS OF AGE.                                                      1,677        

      (b)  THE OFFENSE WAS COMMITTED ON SCHOOL PREMISES, IN A      1,680        

SCHOOL BUILDING, WITHIN ONE THOUSAND FEET OF THE BOUNDARIES OF     1,681        

ANY SCHOOL PREMISES, AT A SCHOOL ACTIVITY, ON A SCHOOL BUS, IN A   1,682        

COURTHOUSE OR ANOTHER BUILDING OR STRUCTURE IN WHICH A COURTROOM   1,683        

IS LOCATED, OR IN A CORRECTIONAL FACILITY UNDER THE JURISDICTION                

OR DIRECTION OF THE DEPARTMENT OF REHABILITATION AND CORRECTION,   1,684        

A FACILITY OR INSTITUTION UNDER THE JURISDICTION OR DIRECTION OF   1,685        

                                                          43     

                                                                 
THE DEPARTMENT OF YOUTH SERVICES, A JUVENILE DETENTION CENTER, OR  1,686        

ANY PROPERTY OWNED OR CONTROLLED BY A FACILITY, INSTITUTION, OR    1,687        

DETENTION CENTER OF THAT NATURE.                                                

      (c)  THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR        1,690        

PLEADED GUILTY TO A VIOLATION OF THIS SECTION.                                  

      (d)  THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR        1,693        

PLEADED GUILTY TO A FELONY, OTHER THAN A VIOLATION OF THIS                      

SECTION, AND TO A SPECIFICATION OF THE TYPE DESCRIBED IN DIVISION  1,695        

(A) OF SECTION 2941.142 OF THE REVISED CODE THAT CHARGES THE       1,698        

OFFENDER WITH COMMITTING THE FELONY WHILE PARTICIPATING IN A       1,699        

CRIMINAL GANG.                                                                  

      (C)(1)  NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY        1,701        

SECTION OF THE REVISED CODE, THE CLERK OF THE COURT SHALL PAY ANY  1,702        

FINE IMPOSED FOR A VIOLATION OF THIS SECTION PURSUANT TO DIVISION  1,703        

(A) OF SECTION 2929.18 OF THE REVISED CODE TO THE COUNTY,          1,705        

TOWNSHIP, MUNICIPAL CORPORATION, PARK DISTRICT, AS CREATED         1,706        

PURSUANT TO SECTION 511.18 OR 1545.04 OF THE REVISED CODE, OR      1,707        

STATE LAW ENFORCEMENT AGENCIES IN THIS STATE THAT PRIMARILY WERE   1,708        

RESPONSIBLE FOR OR INVOLVED IN MAKING THE ARREST OF, AND IN        1,709        

PROSECUTING, THE OFFENDER.  HOWEVER, THE CLERK SHALL NOT PAY A                  

FINE SO IMPOSED TO A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS  1,711        

ADOPTED A WRITTEN INTERNAL CONTROL POLICY UNDER DIVISION (C)(2)    1,712        

OF THIS SECTION THAT ADDRESSES THE USE OF THE FINE MONEYS THAT IT  1,713        

RECEIVES.  EACH AGENCY SHALL USE THE FINES SO PAID IN ACCORDANCE   1,714        

WITH THE WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT  1,715        

AGENCY UNDER DIVISION (C)(2) OF THIS SECTION TO SUBSIDIZE THE      1,717        

AGENCY'S LAW ENFORCEMENT EFFORTS THAT PERTAIN TO CRIMINAL GANGS.   1,718        

      (2)(a)  PRIOR TO RECEIVING ANY FINE MONEYS UNDER DIVISION    1,721        

(C)(1) OF THIS SECTION OR DIVISION (B)(5) OF SECTION 2923.45 OF    1,722        

THE REVISED CODE, A LAW ENFORCEMENT AGENCY SHALL ADOPT A WRITTEN   1,724        

INTERNAL CONTROL POLICY THAT ADDRESSES THE AGENCY'S USE AND        1,725        

DISPOSITION OF ALL FINE MONEYS SO RECEIVED AND THAT PROVIDES FOR   1,726        

THE KEEPING OF DETAILED FINANCIAL RECORDS OF THE RECEIPTS OF       1,727        

THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF   1,728        

                                                          44     

                                                                 
THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE    1,729        

OF EXPENDITURE.  THE POLICY SHALL NOT PROVIDE FOR OR PERMIT THE    1,730        

IDENTIFICATION OF ANY SPECIFIC EXPENDITURE THAT IS MADE IN AN      1,731        

ONGOING INVESTIGATION.  ALL FINANCIAL RECORDS OF THE RECEIPTS OF   1,732        

THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF   1,733        

THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE    1,734        

OF EXPENDITURE BY AN AGENCY ARE PUBLIC RECORDS OPEN FOR            1,735        

INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE.               1,736        

ADDITIONALLY, A WRITTEN INTERNAL CONTROL POLICY ADOPTED UNDER      1,737        

DIVISION (C)(2)(a) OF THIS SECTION IS A PUBLIC RECORD OPEN FOR     1,739        

INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE, AND THE                    

AGENCY THAT ADOPTED THE POLICY SHALL COMPLY WITH IT.               1,740        

      (b)  EACH LAW ENFORCEMENT AGENCY THAT RECEIVES IN ANY        1,742        

CALENDAR YEAR ANY FINE MONEYS UNDER DIVISION (C)(1) OF THIS        1,743        

SECTION OR DIVISION (B)(5) OF SECTION 2923.45 OF THE REVISED CODE  1,744        

SHALL PREPARE A REPORT COVERING THE CALENDAR YEAR THAT CUMULATES   1,745        

ALL OF THE INFORMATION CONTAINED IN ALL OF THE PUBLIC FINANCIAL    1,746        

RECORDS KEPT BY THE AGENCY PURSUANT TO DIVISION (C)(2)(a) OF THIS  1,749        

SECTION FOR THAT CALENDAR YEAR AND SHALL SEND A COPY OF THE        1,750        

CUMULATIVE REPORT, NO LATER THAN THE FIRST DAY OF MARCH IN THE     1,751        

CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT,   1,752        

TO THE ATTORNEY GENERAL.  EACH REPORT RECEIVED BY THE ATTORNEY     1,753        

GENERAL IS A PUBLIC RECORD OPEN FOR INSPECTION UNDER SECTION       1,754        

149.43 OF THE REVISED CODE.  THE ATTORNEY GENERAL SHALL MAKE       1,755        

COPIES OF EACH REPORT RECEIVED AND, NO LATER THAN THE FIFTEENTH    1,756        

DAY OF APRIL IN THE CALENDAR YEAR IN WHICH THE REPORT IS           1,757        

RECEIVED, SHALL SEND A COPY OF THE REPORT TO THE PRESIDENT OF THE  1,758        

SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.            1,759        

      Sec. 2923.43.  (A)  A PARENT, GUARDIAN, CUSTODIAN, PERSON    1,761        

HAVING CUSTODY OR CONTROL, OR OTHER PERSON IN LOCO PARENTIS OF A   1,762        

JUVENILE WHOM THE PARENT, GUARDIAN, CUSTODIAN, PERSON HAVING       1,763        

CUSTODY OR CONTROL, OR OTHER PERSON IN LOCO PARENTIS KNOWS OR      1,764        

SUSPECTS IS PARTICIPATING IN A CRIMINAL GANG OR FREQUENTLY         1,765        

ASSOCIATES WITH A CRIMINAL GANG; A SCHOOL TEACHER, SCHOOL          1,766        

                                                          45     

                                                                 
EMPLOYEE, SCHOOL ADMINISTRATOR OR AUTHORITY, SOCIAL WORKER,        1,767        

LICENSED PROFESSIONAL COUNSELOR, LICENSED PSYCHOLOGIST, LICENSED                

SCHOOL PSYCHOLOGIST, SPEECH PATHOLOGIST OR AUDIOLOGIST,            1,769        

ADMINISTRATOR OR EMPLOYEE OF A CHILD DAY-CARE CENTER,              1,770        

ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD CARE AGENCY OR      1,771        

OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY, FOSTER CARE                   

PROVIDER, ATTORNEY, PHYSICIAN, HOSPITAL INTERN OR RESIDENT,        1,772        

DENTIST, PODIATRIST, PRACTITIONER OF A LIMITED BRANCH OF MEDICINE  1,773        

OR SURGERY AS DEFINED IN SECTION 4731.15 OF THE REVISED CODE,      1,775        

REGISTERED NURSE, LICENSED PRACTICAL NURSE, VISITING NURSE, OTHER  1,776        

HEALTH CARE PROFESSIONAL, CORONER, OR PERSON RENDERING SPIRITUAL   1,777        

TREATMENT THROUGH PRAYER IN ACCORDANCE WITH THE TENETS OF A        1,778        

WELL-RECOGNIZED RELIGION, WHO IS ACTING IN AN OFFICIAL OR A                     

PROFESSIONAL CAPACITY AND KNOWS OR SUSPECTS THAT A JUVENILE IS     1,779        

PARTICIPATING IN A CRIMINAL GANG OR FREQUENTLY ASSOCIATES WITH A   1,781        

CRIMINAL GANG; AND ANY OTHER PERSON WHO KNOWS OR SUSPECTS THAT A   1,782        

JUVENILE IS PARTICIPATING IN A CRIMINAL GANG OR FREQUENTLY         1,784        

ASSOCIATES WITH A CRIMINAL GANG MAY REPORT OR CAUSE A REPORT TO    1,785        

BE MADE OF THAT KNOWLEDGE OR SUSPICION TO A LAW ENFORCEMENT        1,786        

OFFICER.                                                                        

      (B)  UPON RECEIPT OF A REPORT MADE UNDER DIVISION (A) OF     1,788        

THIS SECTION, THE LAW ENFORCEMENT OFFICER WHO RECEIVES THE REPORT  1,789        

SHALL REFER IT TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.  IN THE  1,790        

INVESTIGATION OF A REPORT MADE UNDER DIVISION (A) OF THIS          1,792        

SECTION, A LAW ENFORCEMENT OFFICER MAY PERFORM ANY LAWFUL ACT      1,793        

THAT FURTHERS THE ABILITY OF THE OFFICER TO RECOGNIZE OR IDENTIFY  1,794        

A PERSON WHO IS PARTICIPATING IN A CRIMINAL GANG, INCLUDING, BUT   1,796        

NOT LIMITED TO, PHOTOGRAPHING, FINGERPRINTING, OR QUESTIONING A    1,797        

PERSON WHOM THE OFFICER REASONABLY BELIEVES TO BE PARTICIPATING    1,799        

IN A CRIMINAL GANG.                                                             

      (C)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  1,802        

A PERSON OR A SCHOOL, INSTITUTION, HOSPITAL, LAW ENFORCEMENT       1,803        

AGENCY, OR OTHER ENTITY THAT PARTICIPATES IN GOOD FAITH IN THE     1,804        

MAKING OF A REPORT UNDER DIVISION (A) OF THIS SECTION OR THAT      1,805        

                                                          46     

                                                                 
PARTICIPATES IN GOOD FAITH IN A JUDICIAL PROCEEDING RESULTING      1,806        

FROM A REPORT MADE UNDER DIVISION (A) OF THIS SECTION SHALL BE     1,807        

IMMUNE FROM CIVIL OR CRIMINAL LIABILITY FOR INJURY, DEATH, OR      1,808        

LOSS TO PERSON OR PROPERTY THAT OTHERWISE MAY BE INCURRED OR       1,809        

IMPOSED AS A RESULT OF THE MAKING OF A REPORT  OR THE              1,810        

PARTICIPATION IN A JUDICIAL PROCEEDING.                                         

      (D)(1)  A REPORT MADE UNDER THIS SECTION IS CONFIDENTIAL.    1,813        

THE INFORMATION PROVIDED IN A REPORT MADE UNDER THIS SECTION AND   1,814        

THE NAME OF THE PERSON WHO MADE THE REPORT SHALL NOT BE RELEASED                

FOR USE, AND SHALL NOT BE USED, AS EVIDENCE IN A CIVIL ACTION OR   1,815        

PROCEEDING BROUGHT AGAINST THE PERSON WHO MADE THE REPORT.  IN A   1,816        

CRIMINAL PROCEEDING, THE REPORT IS ADMISSIBLE IN EVIDENCE IN       1,817        

ACCORDANCE WITH THE RULES OF EVIDENCE AND IS SUBJECT TO DISCOVERY  1,818        

IN ACCORDANCE WITH THE RULES OF CRIMINAL PROCEDURE.                1,820        

      (2)  A PERSON SHALL NOT PERMIT OR ENCOURAGE THE              1,822        

UNAUTHORIZED DISSEMINATION OF THE CONTENTS OF A REPORT MADE UNDER  1,823        

THIS SECTION.                                                                   

      (3)  ANY PERSON WHO KNOWINGLY MAKES A FALSE REPORT UNDER     1,825        

THIS SECTION IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF   1,826        

THE REVISED CODE.                                                               

      Sec. 2923.44.  ANY BUILDING, PREMISES, OR REAL ESTATE,       1,828        

INCLUDING VACANT LAND, THAT IS USED OR OCCUPIED BY A CRIMINAL      1,829        

GANG ON MORE THAN TWO OCCASIONS WITHIN A ONE-YEAR PERIOD TO        1,831        

ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY CONSTITUTES A        1,832        

NUISANCE SUBJECT TO ABATEMENT PURSUANT TO SECTIONS 3767.01 TO      1,833        

3767.11 OF THE REVISED CODE.                                                    

      Sec. 2923.45.  (A)(1)  IN ACCORDANCE WITH DIVISION (B) OF    1,835        

THIS SECTION, A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A   1,836        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND A JUVENILE   1,837        

WHO IS FOUND BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN   1,838        

ACT COMMITTED IN VIOLATION OF SECTION 2923.42 OF THE REVISED       1,839        

CODE, LOSES ANY RIGHT TO THE POSSESSION OF PROPERTY AND FORFEITS   1,840        

TO THE STATE ANY RIGHT, TITLE, AND INTEREST THE PERSON MAY HAVE    1,841        

IN THAT PROPERTY IF EITHER OF THE FOLLOWING APPLIES:               1,842        

                                                          47     

                                                                 
      (a)  THE PROPERTY CONSTITUTES, OR IS DERIVED DIRECTLY OR     1,844        

INDIRECTLY FROM, ANY PROCEEDS THAT THE PERSON OBTAINED DIRECTLY    1,845        

OR INDIRECTLY FROM THE COMMISSION OF THE VIOLATION OF SECTION      1,847        

2923.42 OF THE REVISED CODE.                                                    

      (b)  THE PROPERTY WAS USED OR INTENDED TO BE USED IN ANY     1,849        

MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, THE          1,850        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                  1,851        

      (2)  ALL RIGHT, TITLE, AND INTEREST OF A PERSON IN PROPERTY  1,853        

DESCRIBED IN DIVISION (A)(1) OF THIS SECTION VESTS IN THE STATE    1,854        

UPON THE PERSON'S COMMISSION OF THE VIOLATION OF SECTION 2923.42   1,855        

OF THE REVISED CODE OF WHICH THE PERSON IS CONVICTED OR TO WHICH   1,856        

THE PERSON PLEADS GUILTY AND THAT IS THE BASIS OF THE FORFEITURE,  1,857        

OR UPON THE JUVENILE'S COMMISSION OF THE ACT THAT IS A VIOLATION   1,859        

OF SECTION 2923.42 OF THE REVISED CODE, THAT IS THE BASIS OF THE                

JUVENILE BEING FOUND TO BE A DELINQUENT CHILD, AND THAT IS THE     1,860        

BASIS OF THE FORFEITURE.  SUBJECT TO DIVISIONS (F)(3)(b) AND       1,862        

(5)(b) AND (G)(2) OF THIS SECTION, IF ANY RIGHT, TITLE, OR         1,864        

INTEREST IN PROPERTY IS VESTED IN THIS STATE UNDER DIVISION        1,865        

(A)(2) OF THIS SECTION AND SUBSEQUENTLY IS TRANSFERRED TO A        1,866        

PERSON OTHER THAN THE ADULT OFFENDER OR THE DELINQUENT CHILD WHO   1,867        

FORFEITS THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY UNDER       1,868        

DIVISION (A)(1) OF THIS SECTION, THEN, IN ACCORDANCE WITH          1,870        

DIVISION (B) OF THIS SECTION, THE RIGHT, TITLE, OR INTEREST IN     1,871        

THE PROPERTY MAY BE THE SUBJECT OF A SPECIAL VERDICT OF            1,872        

FORFEITURE AND, AFTER ANY SPECIAL VERDICT OF FORFEITURE, SHALL BE  1,873        

ORDERED FORFEITED TO THIS STATE, UNLESS THE TRANSFEREE             1,874        

ESTABLISHES IN A HEARING HELD PURSUANT TO DIVISION (F) OF THIS     1,875        

SECTION THAT THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE OF  1,876        

THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND THAT, AT THE                  

TIME OF ITS PURCHASE, THE TRANSFEREE WAS REASONABLY WITHOUT CAUSE  1,877        

TO BELIEVE THAT IT WAS SUBJECT TO FORFEITURE UNDER THIS SECTION.   1,878        

      (3)  THE PROVISIONS OF SECTION 2923.46 OF THE REVISED CODE   1,880        

THAT RELATE TO THE FORFEITURE OF ANY RIGHT, TITLE, OR INTEREST IN  1,881        

PROPERTY ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE     1,882        

                                                          48     

                                                                 
REVISED CODE PURSUANT TO A CIVIL ACTION TO OBTAIN A CIVIL          1,883        

FORFEITURE DO NOT APPLY TO THE FORFEITURE OF ANY RIGHT, TITLE, OR  1,884        

INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION  1,885        

THAT OCCURS PURSUANT TO DIVISION (B) OF THIS SECTION UPON A        1,886        

PERSON'S CONVICTION OF OR GUILTY PLEA TO A VIOLATION OF SECTION    1,887        

2923.42 OF THE REVISED CODE OR UPON A JUVENILE BEING FOUND BY A    1,888        

JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       1,889        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                               

      (4)  NOTHING IN THIS SECTION PRECLUDES A FINANCIAL           1,891        

INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN    1,892        

OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION   1,893        

FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL   1,894        

ACTION IN CONNECTION WITH THE PROPERTY PRIOR TO ITS DISPOSITION    1,895        

IN ACCORDANCE WITH SECTION 2923.47 OF THE REVISED CODE FOR THE     1,896        

PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO        1,897        

FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN.  A   1,898        

FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER    1,899        

APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE             1,900        

DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.47 OF  1,902        

THE REVISED CODE, EVEN IF A PROSECUTION FOR A VIOLATION OF                      

SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD          1,903        

PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF    1,904        

THE REVISED CODE HAS BEEN OR COULD BE COMMENCED, EVEN IF THE       1,905        

PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF FORFEITURE      1,906        

ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, AND EVEN IF THE      1,907        

PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO      1,908        

DIVISION (D) OR (E) OF THIS SECTION.                                            

      IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR       1,910        

TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN DIVISION  1,912        

(A)(4) OF THIS SECTION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY  1,913        

CAUSES THE SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO   1,914        

DIVISION (D) OR (E) OF THIS SECTION AND ITS DISPOSITION PURSUANT   1,915        

TO SECTION 2923.47 OF THE REVISED CODE, AND IF THE PERSON          1,916        

RESPONSIBLE FOR THE CONDUCT OF THE SALE HAS ACTUAL KNOWLEDGE OF    1,917        

                                                          49     

                                                                 
THE COMMENCEMENT OF A PROSECUTION FOR A VIOLATION OF SECTION       1,918        

2923.42 OF THE REVISED CODE OR OF A DELINQUENT CHILD PROCEEDING    1,919        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   1,920        

CODE, ACTUAL KNOWLEDGE OF A PENDING FORFEITURE PROCEEDING UNDER    1,921        

DIVISION (B) OF THIS SECTION, OR ACTUAL KNOWLEDGE OF AN ORDER OF   1,922        

FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, THEN THE  1,923        

PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE SHALL DISPOSE OF    1,924        

THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER:                   1,925        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO   1,927        

THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND  1,928        

FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE  1,929        

OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY.    1,930        

AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO    1,931        

NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN        1,932        

CONNECTION WITH THE PROPERTY.                                      1,933        

      (b)  SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER        1,935        

COMPLIANCE WITH DIVISION (A)(4)(a) OF THIS SECTION, TO THE         1,937        

PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND     1,938        

LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE      1,939        

PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER       1,940        

DIVISION (A)(2) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST   1,941        

OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND    1,942        

LIENHOLDERS;                                                       1,943        

      (c)  THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER         1,945        

COMPLIANCE WITH DIVISION (A)(4)(b) OF THIS SECTION, TO THE COURT   1,947        

THAT HAS OR WOULD HAVE JURISDICTION IN A PROSECUTION FOR A         1,948        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT   1,949        

CHILD PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION         1,950        

2923.42 OF THE REVISED CODE FOR DISPOSITION IN ACCORDANCE WITH     1,951        

SECTION 2923.47 OF THE REVISED CODE.                                            

      (B)(1)  A CRIMINAL FORFEITURE OF ANY RIGHT, TITLE, OR        1,953        

INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION  1,954        

IS PRECLUDED UNLESS ONE OF THE FOLLOWING APPLIES:                  1,955        

      (a)  THE INDICTMENT, COUNT IN THE INDICTMENT, OR             1,957        

                                                          50     

                                                                 
INFORMATION CHARGING THE VIOLATION OF SECTION 2923.42 OF THE       1,958        

REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR          1,959        

INTEREST OF THE ALLEGED OFFENDER IN THE PROPERTY DESCRIBED IN      1,960        

DIVISION (A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO     1,961        

FORFEITURE UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY    1,962        

OF THE ALLEGED OFFENDER THAT IS POTENTIALLY SUBJECT TO FORFEITURE  1,963        

UNDER THIS SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST    1,964        

IN THE PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME    1,965        

OF THE FILING OF THE INDICTMENT OR INFORMATION; OR THE COMPLAINT   1,966        

CHARGING A JUVENILE WITH BEING A DELINQUENT CHILD FOR THE          1,967        

COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF     1,968        

THE REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR      1,969        

INTEREST OF THE JUVENILE IN THE PROPERTY DESCRIBED IN DIVISION     1,970        

(A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO FORFEITURE   1,971        

UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY OF THE        1,972        

JUVENILE THAT IS POTENTIALLY SUBJECT TO FORFEITURE UNDER THIS      1,973        

SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST IN THE        1,974        

PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME OF THE    1,975        

FILING OF THE COMPLAINT.                                           1,976        

      (b)  THE PROPERTY IN QUESTION WAS NOT REASONABLY FORESEEN    1,978        

TO BE SUBJECT TO FORFEITURE UNDER THIS SECTION AT THE TIME OF THE  1,979        

FILING OF THE INDICTMENT, INFORMATION, OR COMPLAINT, THE           1,980        

PROSECUTING ATTORNEY GAVE PROMPT NOTICE TO THE ALLEGED OFFENDER    1,981        

OR JUVENILE OF THAT PROPERTY WHEN IT WAS DISCOVERED TO BE SUBJECT  1,982        

TO FORFEITURE UNDER THIS SECTION, AND A VERDICT OF FORFEITURE      1,983        

DESCRIBED IN DIVISION (B)(3) OF THIS SECTION REQUIRES THE          1,984        

FORFEITURE OF THAT PROPERTY.                                       1,985        

      (2)  THE SPECIFICATIONS DESCRIBED IN DIVISION (B)(1) OF      1,987        

THIS SECTION SHALL BE STATED AT THE END OF THE BODY OF THE         1,988        

INDICTMENT, COUNT IN THE INDICTMENT, INFORMATION, OR COMPLAINT.    1,989        

      (3)(a)  IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A    1,991        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE IS  1,992        

FOUND TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF   1,993        

SECTION 2923.42 OF THE REVISED CODE, THEN A SPECIAL PROCEEDING     1,994        

                                                          51     

                                                                 
SHALL BE CONDUCTED IN ACCORDANCE WITH DIVISION (B)(3) OF THIS      1,995        

SECTION TO DETERMINE WHETHER ANY PROPERTY DESCRIBED IN DIVISION    1,997        

(B)(1)(a) OR (b) OF THIS SECTION WILL BE THE SUBJECT OF AN ORDER   1,999        

OF FORFEITURE UNDER THIS SECTION.  EXCEPT AS OTHERWISE PROVIDED    2,000        

IN DIVISION (B)(3)(b) OF THIS SECTION, THE JURY IN THE CRIMINAL    2,002        

ACTION, THE JUDGE IN THE DELINQUENT CHILD ACTION, OR, IF THE       2,004        

CRIMINAL ACTION WAS A NONJURY ACTION, THE JUDGE IN THAT ACTION     2,005        

SHALL HEAR AND CONSIDER TESTIMONY AND OTHER EVIDENCE IN THE        2,006        

PROCEEDING RELATIVE TO WHETHER ANY PROPERTY DESCRIBED IN DIVISION  2,007        

(B)(1)(a) OR (b) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER    2,009        

THIS SECTION.  IF THE JURY OR JUDGE DETERMINES THAT THE            2,010        

PROSECUTING ATTORNEY HAS ESTABLISHED BY A PREPONDERANCE OF THE     2,011        

EVIDENCE THAT ANY PROPERTY SO DESCRIBED IS SUBJECT TO FORFEITURE   2,012        

UNDER THIS SECTION, THE JUDGE OR JUVENILE JUDGE SHALL RENDER A     2,013        

VERDICT OF FORFEITURE THAT SPECIFICALLY DESCRIBES THE RIGHT,       2,014        

TITLE, OR INTEREST IN PROPERTY OR THE PROPERTY THAT IS SUBJECT TO  2,015        

FORFEITURE UNDER THIS SECTION.  THE RULES OF EVIDENCE SHALL APPLY  2,017        

IN THE PROCEEDING.                                                 2,018        

      (b)  IF THE TRIER OF FACT IN A CRIMINAL ACTION FOR A         2,021        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE WAS A JURY,       2,022        

THEN, UPON THE FILING OF A MOTION BY THE PERSON WHO WAS CONVICTED  2,023        

OF OR PLEADED GUILTY TO THE VIOLATION OF SECTION 2923.42 OF THE    2,024        

REVISED CODE, THE DETERMINATIONS IN THE PROCEEDING DESCRIBED IN    2,026        

DIVISION (B)(3) OF THIS SECTION INSTEAD SHALL BE MADE BY THE       2,027        

JUDGE IN THE CRIMINAL ACTION.                                                   

      (4)  IN A CRIMINAL ACTION FOR A VIOLATION OF SECTION         2,030        

2923.42 OF THE REVISED CODE, IF THE TRIER OF FACT IS A JURY, THE   2,031        

JURY SHALL NOT BE INFORMED OF ANY SPECIFICATION DESCRIBED IN       2,032        

DIVISION (B)(1)(a) OF THIS SECTION OR OF ANY PROPERTY DESCRIBED    2,033        

IN THAT DIVISION OR DIVISION (B)(1)(b) OF THIS SECTION PRIOR TO    2,035        

THE ALLEGED OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO THE               

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                  2,037        

      (5)(a)  IF A VERDICT OF FORFEITURE IS ENTERED PURSUANT TO    2,039        

DIVISION (B)(3) OF THIS SECTION, THEN THE COURT THAT IMPOSES       2,040        

                                                          52     

                                                                 
SENTENCE UPON A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A   2,041        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, OR THE JUVENILE  2,042        

COURT THAT FINDS A JUVENILE TO BE A DELINQUENT CHILD FOR AN ACT    2,043        

THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, IN     2,044        

ADDITION TO ANY OTHER SENTENCE IMPOSED UPON THE OFFENDER OR ORDER  2,045        

OF DISPOSITION IMPOSED UPON THE DELINQUENT CHILD, SHALL ORDER      2,046        

THAT THE OFFENDER OR DELINQUENT CHILD FORFEIT TO THE STATE ALL OF  2,047        

THE OFFENDER'S OR DELINQUENT CHILD'S RIGHT, TITLE, AND INTEREST    2,048        

IN THE PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION.  IF  2,049        

A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF        2,050        

SECTION 2923.42 OF THE REVISED CODE, OR A JUVENILE IS FOUND BY A   2,051        

JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       2,052        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND DERIVES      2,053        

PROFITS OR OTHER PROCEEDS FROM THE OFFENSE OR ACT, THE COURT THAT  2,054        

IMPOSES SENTENCE OR AN ORDER OF DISPOSITION UPON THE OFFENDER OR   2,055        

DELINQUENT CHILD, IN LIEU OF ANY FINE THAT THE COURT IS OTHERWISE  2,057        

AUTHORIZED OR REQUIRED TO IMPOSE, MAY IMPOSE UPON THE OFFENDER OR  2,058        

DELINQUENT CHILD A FINE OF NOT MORE THAN TWICE THE GROSS PROFITS   2,059        

OR OTHER PROCEEDS SO DERIVED.                                      2,060        

      (b)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THE REVISED   2,063        

CODE, THE CLERK OF THE COURT SHALL PAY ALL FINES IMPOSED PURSUANT  2,065        

TO DIVISION (B)(5) OF THIS SECTION TO THE COUNTY, MUNICIPAL        2,066        

CORPORATION, TOWNSHIP, PARK DISTRICT CREATED PURSUANT TO SECTION   2,067        

511.18 OR 1545.01 OF THE REVISED CODE, OR STATE LAW ENFORCEMENT    2,069        

AGENCIES IN THIS STATE THAT WERE PRIMARILY RESPONSIBLE FOR OR      2,070        

INVOLVED IN MAKING THE ARREST OF, AND IN PROSECUTING, THE          2,071        

OFFENDER.  HOWEVER, THE CLERK SHALL NOT PAY A FINE SO IMPOSED TO   2,072        

A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS ADOPTED A WRITTEN   2,073        

INTERNAL CONTROL POLICY PURSUANT TO DIVISION (C)(2) OF SECTION     2,074        

2923.42 OF THE REVISED CODE THAT ADDRESSES THE USE OF THE FINE     2,075        

MONEYS THAT IT RECEIVES UNDER DIVISION (B)(5) OF THIS SECTION AND  2,076        

DIVISION (C)(1) OF SECTION 2923.42 OF THE REVISED CODE.  THE LAW   2,079        

ENFORCEMENT AGENCIES SHALL USE THE FINES IMPOSED AND PAID          2,081        

PURSUANT TO DIVISION (B)(5) OF THIS SECTION TO SUBSIDIZE THEIR                  

                                                          53     

                                                                 
EFFORTS PERTAINING TO CRIMINAL GANGS, IN ACCORDANCE WITH THE       2,082        

WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT AGENCY    2,083        

PURSUANT TO DIVISION (C)(2) OF SECTION 2923.42 OF THE REVISED      2,084        

CODE.                                                                           

      (6)  IF ANY OF THE PROPERTY THAT IS DESCRIBED IN DIVISION    2,087        

(A)(1) OF THIS SECTION AND THAT IS THE SUBJECT OF AN ORDER OF                   

FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, BECAUSE   2,088        

OF AN ACT OF THE PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO    2,090        

THE VIOLATION OF SECTION 2923.42 OF THE REVISED CODE THAT IS THE                

BASIS OF THE ORDER OF FORFEITURE OR AN ACT OF THE JUVENILE FOUND   2,091        

BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A  2,093        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT IS THE   2,094        

BASIS OF THE FORFEITURE, CANNOT BE LOCATED UPON THE EXERCISE OF    2,095        

DUE DILIGENCE, HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED      2,096        

WITH A THIRD PARTY, HAS BEEN PLACED BEYOND THE JURISDICTION OF     2,097        

THE COURT, HAS BEEN SUBSTANTIALLY DIMINISHED IN VALUE, OR HAS      2,098        

BEEN COMMINGLED WITH OTHER PROPERTY THAT CANNOT BE DIVIDED         2,099        

WITHOUT DIFFICULTY, THE COURT THAT ISSUES THE ORDER OF FORFEITURE  2,100        

SHALL ORDER THE FORFEITURE OF ANY OTHER PROPERTY OF THE OFFENDER   2,101        

OR THE DELINQUENT CHILD UP TO THE VALUE OF ANY FORFEITED PROPERTY               

DESCRIBED IN DIVISION (B)(6) OF THIS SECTION.                      2,103        

      (C)  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY        2,105        

RIGHT, TITLE, OR INTEREST OF A PERSON IN PROPERTY DESCRIBED IN     2,106        

DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER     2,107        

DIVISION (B) OF THIS SECTION, IF THE STATE PROVES BOTH OF THE      2,108        

FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:                      2,109        

      (1)  THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY WAS       2,111        

ACQUIRED BY THE OFFENDER OR DELINQUENT CHILD DURING THE PERIOD OF  2,112        

THE COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED  2,113        

CODE, OR WITHIN A REASONABLE TIME AFTER THAT PERIOD.               2,114        

      (2)  THERE IS NO LIKELY SOURCE FOR THE RIGHT, TITLE, OR      2,116        

INTEREST IN THE PROPERTY OTHER THAN PROCEEDS OBTAINED FROM THE     2,117        

COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED      2,118        

CODE.                                                                           

                                                          54     

                                                                 
      (D)(1)  UPON THE APPLICATION OF THE PROSECUTING ATTORNEY     2,120        

WHO IS PROSECUTING OR HAS JURISDICTION TO PROSECUTE THE VIOLATION  2,122        

OF SECTION 2923.42 OF THE REVISED CODE, THE COURT OF COMMON PLEAS               

OR JUVENILE COURT OF THE COUNTY IN WHICH PROPERTY SUBJECT TO       2,123        

FORFEITURE UNDER DIVISION (B) OF THIS SECTION IS LOCATED,          2,124        

WHICHEVER IS APPLICABLE, MAY ISSUE A RESTRAINING ORDER OR          2,125        

INJUNCTION, AN ORDER REQUIRING THE EXECUTION OF A SATISFACTORY     2,126        

PERFORMANCE BOND, OR AN ORDER TAKING ANY OTHER REASONABLE ACTION   2,127        

NECESSARY TO PRESERVE THE AVAILABILITY OF THE PROPERTY, AT EITHER  2,128        

OF THE FOLLOWING TIMES:                                                         

      (a)  UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR         2,130        

INFORMATION CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR         2,131        

INTEREST IN THE PROPERTY WITH THE COMMISSION OF A VIOLATION OF     2,132        

SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE          2,133        

PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE         2,134        

SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE    2,135        

PERSON IS CONVICTED OF OR PLEADS GUILTY TO THE OFFENSE, OR UPON    2,136        

THE FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY     2,137        

RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD    2,138        

BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF         2,139        

SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE                       

PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE         2,141        

SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE    2,142        

JUVENILE IS FOUND TO BE A DELINQUENT CHILD BECAUSE OF THE          2,143        

COMMISSION OF THAT ACT;                                                         

      (b)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  2,146        

PRIOR TO THE FILING OF AN INDICTMENT, COMPLAINT, OR INFORMATION                 

CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE     2,147        

PROPERTY WITH THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF  2,148        

THE REVISED CODE, OR PRIOR TO THE FILING OF A COMPLAINT ALLEGING   2,149        

THAT A JUVENILE WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE       2,150        

PROPERTY IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN     2,151        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE,    2,152        

IF, AFTER NOTICE IS GIVEN TO ALL PERSONS KNOWN TO HAVE ANY RIGHT,  2,153        

                                                          55     

                                                                 
TITLE, OR INTEREST IN THE PROPERTY AND AN OPPORTUNITY TO HAVE A    2,154        

HEARING ON THE ORDER IS GIVEN TO THOSE PERSONS, THE COURT          2,155        

DETERMINES BOTH OF THE FOLLOWING:                                  2,156        

      (i)  THERE IS A SUBSTANTIAL PROBABILITY THAT THE STATE WILL  2,158        

PREVAIL ON THE ISSUE OF FORFEITURE AND THAT FAILURE TO ENTER THE   2,159        

ORDER WILL RESULT IN THE PROPERTY SUBJECT TO FORFEITURE BEING      2,160        

DESTROYED, REMOVED FROM THE JURISDICTION OF THE COURT, OR          2,161        

OTHERWISE BEING MADE UNAVAILABLE FOR FORFEITURE.                   2,162        

      (ii)  THE NEED TO PRESERVE THE AVAILABILITY OF THE PROPERTY  2,164        

SUBJECT TO FORFEITURE THROUGH THE ENTRY OF THE REQUESTED ORDER     2,165        

OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE ORDER IS TO   2,166        

BE ENTERED.                                                        2,167        

      (2)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  2,169        

AN ORDER ISSUED UNDER DIVISION (D)(1) OF THIS SECTION IS           2,170        

EFFECTIVE FOR NOT MORE THAN NINETY DAYS, UNLESS EXTENDED BY THE    2,171        

COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT, COMPLAINT, OR  2,172        

INFORMATION CHARGING THE COMMISSION OF A VIOLATION OF SECTION      2,173        

2923.42 OF THE REVISED CODE OR A COMPLAINT ALLEGING THAT A         2,174        

JUVENILE IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN     2,175        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE,    2,176        

IS FILED AGAINST ANY ALLEGED ADULT OFFENDER OR ALLEGED DELINQUENT  2,177        

CHILD WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS   2,178        

THE SUBJECT OF THE ORDER.                                          2,179        

      (3)  A COURT MAY ISSUE AN ORDER UNDER DIVISION (D)(1)(b) OF  2,182        

THIS SECTION WITHOUT GIVING NOTICE OR AN OPPORTUNITY FOR A         2,183        

HEARING TO PERSONS KNOWN TO HAVE ANY RIGHT, TITLE, OR INTEREST IN  2,184        

PROPERTY IF THE PROSECUTING ATTORNEY WHO IS PROSECUTING OR HAS     2,185        

JURISDICTION TO PROSECUTE THE VIOLATION OF SECTION 2923.42 OF THE  2,186        

REVISED CODE DEMONSTRATES THAT THERE IS PROBABLE CAUSE TO BELIEVE  2,187        

THAT THE PROPERTY WILL BE SUBJECT TO FORFEITURE UNDER DIVISION     2,188        

(B) OF THIS SECTION IF A PERSON WITH ANY RIGHT, TITLE, OR          2,189        

INTEREST IN THE PROPERTY IS CONVICTED OF OR PLEADS GUILTY TO A     2,190        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE     2,191        

WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS FOUND BY A   2,192        

                                                          56     

                                                                 
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A       2,193        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT GIVING                

NOTICE OR AN OPPORTUNITY FOR A HEARING TO PERSONS WITH ANY RIGHT,  2,195        

TITLE, OR INTEREST IN THE PROPERTY WILL JEOPARDIZE ITS             2,196        

AVAILABILITY FOR FORFEITURE.  THE ORDER SHALL BE A TEMPORARY       2,197        

ORDER AND SHALL EXPIRE NOT MORE THAN TEN DAYS AFTER THE DATE ON    2,198        

WHICH IT IS ENTERED, UNLESS IT IS EXTENDED FOR GOOD CAUSE SHOWN    2,199        

OR UNLESS A PERSON WITH ANY RIGHT, TITLE, OR INTEREST IN THE       2,200        

PROPERTY THAT IS THE SUBJECT OF THE ORDER CONSENTS TO AN           2,201        

EXTENSION FOR A LONGER PERIOD.  A HEARING CONCERNING AN ORDER      2,202        

ISSUED UNDER DIVISION (D)(3) OF THIS SECTION MAY BE REQUESTED,     2,203        

AND, IF IT IS REQUESTED, THE COURT SHALL HOLD THE HEARING AT THE   2,204        

EARLIEST POSSIBLE TIME PRIOR TO THE EXPIRATION OF THE ORDER.       2,205        

      (4)  AT ANY HEARING HELD UNDER DIVISION (D) OF THIS          2,207        

SECTION, THE COURT MAY RECEIVE AND CONSIDER EVIDENCE AND           2,208        

INFORMATION THAT IS INADMISSIBLE UNDER THE RULES OF EVIDENCE.      2,210        

EACH HEARING HELD UNDER DIVISION (D) OF THIS SECTION SHALL BE      2,212        

RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER MECHANICAL,   2,213        

ELECTRONIC, OR VIDEO RECORDING DEVICE.  IF, AS A RESULT OF A       2,214        

HEARING UNDER DIVISION (D) OF THIS SECTION, PROPERTY WOULD BE      2,215        

SEIZED, THE RECORDING OF AND ANY TRANSCRIPT OF THE RECORDING OF    2,216        

THAT HEARING SHALL NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION  2,217        

149.43 OF THE REVISED CODE UNTIL THAT PROPERTY HAS BEEN SEIZED     2,218        

PURSUANT TO DIVISION (D) OF THIS SECTION.  DIVISION (D)(4) OF      2,219        

THIS SECTION DOES NOT REQUIRE, AUTHORIZE, OR PERMIT THE MAKING     2,221        

AVAILABLE FOR INSPECTION, OR THE COPYING, UNDER SECTION 149.43 OF  2,222        

THE REVISED CODE OF ANY CONFIDENTIAL LAW ENFORCEMENT               2,223        

INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS DEFINED IN    2,224        

THAT SECTION.                                                                   

      (5)  A PROSECUTING ATTORNEY OR OTHER LAW ENFORCEMENT         2,226        

OFFICER MAY REQUEST THE COURT OF COMMON PLEAS OF THE COUNTY IN     2,227        

WHICH PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION IS         2,228        

LOCATED TO ISSUE A WARRANT AUTHORIZING THE SEIZURE OF THAT         2,229        

PROPERTY.  THE REQUEST SHALL BE MADE IN THE SAME MANNER AS         2,230        

                                                          57     

                                                                 
PROVIDED FOR A SEARCH WARRANT.  IF THE COURT DETERMINES THAT       2,231        

THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY TO BE SEIZED  2,232        

WILL BE SUBJECT TO FORFEITURE UNDER THIS SECTION WHEN A PERSON     2,233        

WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS CONVICTED    2,234        

OF OR PLEADS GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE       2,235        

REVISED CODE OR WHEN A JUVENILE WITH ANY RIGHT, TITLE, OR          2,236        

INTEREST IN THE PROPERTY IS FOUND BY A JUVENILE COURT TO BE A      2,237        

DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION         2,238        

2923.42 OF THE REVISED CODE AND IF THE COURT DETERMINES THAT ANY   2,239        

ORDER ISSUED UNDER DIVISION (D)(1), (2), OR (3) OF THIS SECTION    2,240        

MAY NOT BE SUFFICIENT TO ENSURE THE AVAILABILITY OF THE PROPERTY   2,241        

FOR FORFEITURE, THE COURT SHALL ISSUE A WARRANT AUTHORIZING THE    2,242        

SEIZURE OF THE PROPERTY.                                           2,243        

      (E)(1)  UPON THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS  2,245        

SECTION, THE COURT SHALL ORDER AN APPROPRIATE LAW ENFORCEMENT      2,246        

OFFICER TO SEIZE ALL OF THE FORFEITED PROPERTY UPON THE TERMS AND  2,247        

CONDITIONS THAT THE COURT DETERMINES ARE PROPER.  IN ADDITION,     2,248        

UPON THE REQUEST OF THE PROSECUTING ATTORNEY WHO PROSECUTED THE    2,249        

OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED      2,250        

CODE, THE COURT SHALL ENTER ANY APPROPRIATE RESTRAINING ORDERS OR  2,251        

INJUNCTIONS, REQUIRE THE EXECUTION OF SATISFACTORY PERFORMANCE     2,252        

BONDS, APPOINT RECEIVERS, CONSERVATORS, APPRAISERS, ACCOUNTANTS,   2,253        

OR TRUSTEES, OR TAKE ANY OTHER ACTION TO PROTECT THE INTEREST OF   2,254        

THE STATE IN THE FORFEITED PROPERTY.  ANY INCOME ACCRUING TO OR    2,255        

DERIVED FROM PROPERTY ORDERED FORFEITED UNDER THIS SECTION MAY BE  2,256        

USED TO OFFSET ORDINARY AND NECESSARY EXPENSES RELATED TO THE      2,257        

PROPERTY THAT ARE REQUIRED BY LAW OR THAT ARE NECESSARY TO         2,258        

PROTECT THE INTEREST OF THE STATE OR THIRD PARTIES.                2,259        

      AFTER FORFEITED PROPERTY IS SEIZED, THE PROSECUTING          2,261        

ATTORNEY WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF         2,262        

SECTION 2923.42 OF THE REVISED CODE SHALL DIRECT ITS DISPOSITION   2,263        

IN ACCORDANCE WITH SECTION 2923.47 OF THE REVISED CODE, MAKING     2,264        

DUE PROVISION FOR THE RIGHTS OF ANY INNOCENT PERSONS.  ANY RIGHT,  2,265        

TITLE, OR INTEREST IN PROPERTY NOT EXERCISABLE BY, OR              2,266        

                                                          58     

                                                                 
TRANSFERABLE FOR VALUE TO, THE STATE SHALL EXPIRE AND SHALL NOT    2,267        

REVERT TO THE OFFENDER WHOSE CONVICTION OR PLEA OF GUILTY OR ACT   2,268        

AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF FORFEITURE.     2,269        

NEITHER THE ADULT OFFENDER OR DELINQUENT CHILD NOR ANY PERSON      2,270        

ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER OR       2,271        

DELINQUENT CHILD IS ELIGIBLE TO PURCHASE FORFEITED PROPERTY AT     2,272        

ANY SALE HELD PURSUANT TO SECTION 2923.47 OF THE REVISED CODE.     2,273        

      UPON THE APPLICATION OF ANY PERSON OTHER THAN THE ADULT      2,275        

OFFENDER OR DELINQUENT CHILD WHOSE RIGHT, TITLE, OR INTEREST IN    2,276        

THE PROPERTY IS THE SUBJECT OF THE ORDER OF FORFEITURE OR ANY      2,277        

PERSON ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER   2,278        

OR DELINQUENT CHILD, THE COURT MAY RESTRAIN OR STAY THE SALE OR    2,280        

OTHER DISPOSITION OF THE PROPERTY PURSUANT TO SECTION 2923.47 OF   2,281        

THE REVISED CODE PENDING THE CONCLUSION OF ANY APPEAL OF THE       2,282        

CONVICTION OR OF THE DELINQUENT CHILD ADJUDICATION THAT IS THE     2,283        

BASIS OF THE ORDER OF FORFEITURE, IF THE APPLICANT DEMONSTRATES    2,284        

THAT PROCEEDING WITH THE SALE OR OTHER DISPOSITION OF THE          2,285        

PROPERTY WILL RESULT IN IRREPARABLE INJURY OR LOSS TO THE          2,286        

APPLICANT.                                                                      

      (2)  WITH RESPECT TO PROPERTY THAT IS THE SUBJECT OF AN      2,288        

ORDER OF FORFEITURE ISSUED UNDER THIS SECTION, THE COURT THAT      2,289        

ISSUED THE ORDER, UPON THE PETITION OF THE PROSECUTING ATTORNEY    2,290        

WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42  2,291        

OF THE REVISED CODE, MAY DO ANY OF THE FOLLOWING:                  2,293        

      (a)  GRANT PETITIONS FOR MITIGATION OR REMISSION OF          2,295        

FORFEITURE, RESTORE FORFEITED PROPERTY TO VICTIMS OF A VIOLATION   2,296        

OF SECTION 2923.42 OF THE REVISED CODE, OR TAKE ANY OTHER ACTION   2,297        

TO PROTECT THE RIGHTS OF INNOCENT PERSONS THAT IS IN THE INTEREST  2,298        

OF JUSTICE AND THAT IS NOT INCONSISTENT WITH THIS SECTION;         2,299        

      (b)  COMPROMISE CLAIMS THAT ARISE UNDER THIS SECTION;        2,301        

      (c)  AWARD COMPENSATION TO PERSONS WHO PROVIDE INFORMATION   2,303        

RESULTING IN A FORFEITURE UNDER THIS SECTION;                      2,304        

      (d)  DIRECT THE DISPOSITION BY THE PROSECUTING ATTORNEY WHO  2,306        

PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF   2,307        

                                                          59     

                                                                 
THE REVISED CODE, IN ACCORDANCE WITH SECTION 2923.47 OF THE        2,308        

REVISED CODE, OF ALL PROPERTY ORDERED FORFEITED UNDER THIS         2,309        

SECTION, MAKING DUE PROVISION FOR THE RIGHTS OF INNOCENT PERSONS;  2,311        

      (e)  PENDING THE DISPOSITION OF ANY PROPERTY THAT IS THE     2,313        

SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS SECTION, TAKE ANY     2,314        

APPROPRIATE MEASURES THAT ARE NECESSARY TO SAFEGUARD AND MAINTAIN  2,315        

THE PROPERTY.                                                      2,316        

      (3)  TO FACILITATE THE IDENTIFICATION AND LOCATION OF        2,318        

PROPERTY THAT IS THE SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS  2,319        

SECTION AND TO FACILITATE THE DISPOSITION OF PETITIONS FOR         2,320        

REMISSION OR MITIGATION ISSUED UNDER DIVISION (E)(2) OF THIS       2,321        

SECTION, AFTER THE ISSUANCE OF AN ORDER OF FORFEITURE UNDER THIS   2,322        

SECTION AND UPON APPLICATION BY THE PROSECUTING ATTORNEY WHO       2,323        

PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF   2,324        

THE REVISED CODE, THE COURT MAY ORDER THAT THE TESTIMONY OF ANY    2,326        

WITNESS RELATING TO THE FORFEITED PROPERTY BE TAKEN BY             2,327        

DEPOSITION, AND THAT ANY DESIGNATED BOOK, PAPER, DOCUMENT,         2,328        

RECORD, RECORDING, OR OTHER MATERIAL THAT IS NOT PRIVILEGED BE     2,329        

PRODUCED AT THE SAME TIME AND PLACE AS THE TESTIMONY, IN THE SAME  2,330        

MANNER AS PROVIDED FOR THE TAKING OF DEPOSITIONS UNDER THE RULES   2,331        

OF CIVIL PROCEDURE.                                                             

      (F)(1)  EXCEPT AS PROVIDED IN DIVISIONS (F)(2) TO (5) OF     2,333        

THIS SECTION, NO PERSON CLAIMING ANY RIGHT, TITLE, OR INTEREST IN  2,334        

PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION OR SECTION       2,335        

2923.46 OF THE REVISED CODE MAY INTERVENE IN A CRIMINAL TRIAL OR   2,337        

APPEAL, OR A DELINQUENT CHILD PROCEEDING OR APPEAL, INVOLVING THE  2,338        

FORFEITURE OF THE PROPERTY UNDER THIS SECTION OR IN A CIVIL        2,339        

ACTION FOR A CIVIL FORFEITURE UNDER SECTION 2923.46 OF THE         2,341        

REVISED CODE OR MAY COMMENCE AN ACTION AT LAW OR EQUITY AGAINST    2,342        

THE STATE CONCERNING THE VALIDITY OF THE PERSON'S ALLEGED RIGHT,                

TITLE, OR INTEREST IN THE PROPERTY SUBSEQUENT TO THE FILING OF AN  2,343        

INDICTMENT, COMPLAINT, OR INFORMATION ALLEGING THAT THE PROPERTY   2,344        

IS SUBJECT TO FORFEITURE UNDER THIS SECTION OR SUBSEQUENT TO THE   2,345        

FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY RIGHT,  2,346        

                                                          60     

                                                                 
TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD BECAUSE   2,347        

OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION         2,348        

2923.42 OF THE REVISED CODE AND ALLEGING THAT THE PROPERTY IS      2,349        

SUBJECT TO FORFEITURE UNDER THIS SECTION.                          2,350        

      (2)  AFTER THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS    2,352        

SECTION, THE PROSECUTING ATTORNEY WHO PROSECUTED THE OFFENSE OR    2,353        

ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL      2,354        

CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE APPROPRIATE       2,356        

PUBLIC RECORDS THAT RELATE TO THE PROPERTY AND SHALL MAKE OR       2,357        

CAUSE TO BE MADE REASONABLY DILIGENT INQUIRIES FOR THE PURPOSE OF  2,358        

IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE  2,359        

PROPERTY.  THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF   2,360        

THE ORDER OF FORFEITURE, OF THE PROSECUTING ATTORNEY'S INTENT TO   2,361        

DISPOSE OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.47 OF THE  2,362        

REVISED CODE, AND OF THE MANNER OF THE PROPOSED DISPOSAL TO BE     2,364        

GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL  2,365        

SERVICE TO EACH PERSON WHO IS KNOWN, BECAUSE OF THE CONDUCT OF     2,366        

THE SEARCH, THE MAKING OF THE INQUIRIES, OR OTHERWISE, TO HAVE     2,367        

ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY.  ADDITIONALLY, THE  2,368        

PROSECUTING ATTORNEY SHALL CAUSE A SIMILAR NOTICE TO BE PUBLISHED  2,369        

ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL    2,370        

CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY WAS SEIZED.        2,371        

      (3)(a)  ANY PERSON, OTHER THAN THE ADULT OFFENDER WHOSE      2,373        

CONVICTION OR GUILTY PLEA OR THE DELINQUENT CHILD WHOSE            2,374        

ADJUDICATION IS THE BASIS OF THE ORDER OF FORFEITURE, WHO ASSERTS  2,375        

A LEGAL RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS THE      2,376        

SUBJECT OF THE ORDER MAY PETITION THE COURT THAT ISSUED THE        2,377        

ORDER, WITHIN THIRTY DAYS AFTER THE EARLIER OF THE FINAL           2,378        

PUBLICATION OF NOTICE OR THE PERSON'S RECEIPT OF NOTICE UNDER      2,379        

DIVISION (F)(2) OF THIS SECTION, FOR A HEARING TO ADJUDICATE THE   2,380        

VALIDITY OF THE PERSON'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE  2,382        

PROPERTY.  THE PETITION SHALL BE SIGNED BY THE PETITIONER UNDER    2,383        

THE PENALTIES FOR FALSIFICATION AS SPECIFIED IN SECTION 2921.13    2,384        

OF THE REVISED CODE AND SHALL SET FORTH THE NATURE AND EXTENT OF   2,385        

                                                          61     

                                                                 
THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY, THE    2,386        

TIME AND CIRCUMSTANCES OF THE PETITIONER'S ACQUISITION OF THAT     2,387        

RIGHT, TITLE, OR INTEREST, ANY ADDITIONAL FACTS SUPPORTING THE     2,388        

PETITIONER'S CLAIM, AND THE RELIEF SOUGHT.                         2,389        

      (b)  IN LIEU OF FILING A PETITION AS DESCRIBED IN DIVISION   2,391        

(F)(3)(a) OF THIS SECTION, A SECURED PARTY OR OTHER LIENHOLDER OF  2,393        

RECORD THAT ASSERTS A LEGAL RIGHT, TITLE, OR INTEREST IN THE       2,394        

PROPERTY THAT IS THE SUBJECT OF THE ORDER, INCLUDING, BUT NOT      2,395        

LIMITED TO, A MORTGAGE, SECURITY INTEREST, OR OTHER TYPE OF LIEN,  2,396        

MAY FILE AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF THIS   2,398        

SECTION TO ESTABLISH THE VALIDITY OF THE ALLEGED RIGHT, TITLE, OR  2,399        

INTEREST IN THE PROPERTY.  THE SECURED PARTY OR LIENHOLDER SHALL   2,400        

FILE THE AFFIDAVIT WITHIN THIRTY DAYS AFTER THE EARLIER OF THE     2,402        

FINAL PUBLICATION OF NOTICE OR THE RECEIPT OF NOTICE UNDER         2,403        

DIVISION (F)(2) OF THIS SECTION AND, EXCEPT AS OTHERWISE PROVIDED  2,404        

IN THIS SECTION, THE AFFIDAVIT SHALL CONSTITUTE PRIMA-FACIE                     

EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR OTHER           2,405        

LIENHOLDER'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY.    2,406        

UNLESS THE PROSECUTING ATTORNEY FILES A MOTION CHALLENGING THE     2,407        

AFFIDAVIT WITHIN TEN DAYS AFTER ITS FILING AND UNLESS THE          2,408        

PROSECUTING ATTORNEY ESTABLISHES BY A PREPONDERANCE OF THE         2,409        

EVIDENCE AT A SUBSEQUENT HEARING BEFORE THE COURT THAT ISSUED THE  2,411        

FORFEITURE ORDER, THAT THE SECURED PARTY OR OTHER LIENHOLDER DOES  2,412        

NOT POSSESS THE ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY  2,413        

OR THAT THE SECURED PARTY OR OTHER LIENHOLDER HAD ACTUAL                        

KNOWLEDGE OF FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS  2,414        

OF THE FORFEITURE ORDER, THE AFFIDAVIT SHALL CONSTITUTE            2,416        

CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR      2,417        

OTHER LIENHOLDER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND   2,418        

SHALL HAVE THE LEGAL EFFECT DESCRIBED IN DIVISION (G)(2) OF THIS   2,419        

SECTION.  TO THE EXTENT PRACTICABLE AND CONSISTENT WITH THE        2,420        

INTERESTS OF JUSTICE, THE COURT SHALL HOLD ANY HEARING HELD        2,421        

PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION WITHIN THIRTY DAYS  2,422        

AFTER THE PROSECUTING ATTORNEY FILES THE MOTION.  AT ANY SUCH      2,423        

                                                          62     

                                                                 
HEARING, THE PROSECUTING ATTORNEY AND THE SECURED PARTY OR OTHER   2,424        

LIENHOLDER MAY PRESENT EVIDENCE AND WITNESSES AND MAY              2,425        

CROSS-EXAMINE WITNESSES.                                                        

      IN ORDER TO BE VALID FOR THE PURPOSES OF THIS DIVISION AND   2,427        

DIVISION (G)(2) OF THIS SECTION, THE AFFIDAVIT OF A SECURED PARTY  2,428        

OR OTHER LIENHOLDER SHALL CONTAIN AVERMENTS THAT THE SECURED       2,429        

PARTY OR OTHER LIENHOLDER ACQUIRED ITS ALLEGED RIGHT, TITLE, OR    2,430        

INTEREST IN THE PROPERTY IN THE REGULAR COURSE OF ITS BUSINESS,    2,431        

FOR A SPECIFIED VALUABLE CONSIDERATION, WITHOUT ACTUAL KNOWLEDGE   2,432        

OF ANY FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS OF     2,433        

THE FORFEITURE ORDER, IN GOOD FAITH AND WITHOUT THE INTENT TO      2,435        

PREVENT OR OTHERWISE IMPEDE THE STATE FROM SEIZING OR OBTAINING A  2,436        

FORFEITURE OF THE PROPERTY UNDER SECTIONS 2923.45 TO 2923.48 OF    2,437        

THE REVISED CODE, AND PRIOR TO THE SEIZURE OR FORFEITURE OF THE    2,438        

PROPERTY UNDER THOSE SECTIONS.                                                  

      (4)  UPON RECEIPT OF A PETITION FILED UNDER DIVISION (F)(3)  2,440        

OF THIS SECTION, THE COURT SHALL HOLD A HEARING TO DETERMINE THE   2,441        

VALIDITY OF THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE      2,442        

PROPERTY THAT IS THE SUBJECT OF THE ORDER OF FORFEITURE.  TO THE   2,443        

EXTENT PRACTICABLE AND CONSISTENT WITH THE INTERESTS OF JUSTICE,   2,444        

THE COURT SHALL HOLD THE HEARING WITHIN THIRTY DAYS AFTER THE      2,445        

FILING OF THE PETITION.  THE COURT MAY CONSOLIDATE THE HEARING ON  2,446        

THE PETITION WITH A HEARING ON ANY OTHER PETITION FILED BY A       2,447        

PERSON OTHER THAN THE OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR  2,448        

ADJUDICATION AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF    2,449        

FORFEITURE.  AT THE HEARING, THE PETITIONER MAY TESTIFY, PRESENT   2,450        

EVIDENCE AND WITNESSES ON THE PETITIONER'S BEHALF, AND             2,451        

CROSS-EXAMINE WITNESSES FOR THE STATE.  THE STATE MAY PRESENT      2,452        

EVIDENCE AND WITNESSES IN REBUTTAL AND IN DEFENSE OF ITS CLAIM TO  2,453        

THE PROPERTY AND CROSS-EXAMINE WITNESSES FOR THE PETITIONER.  IN   2,454        

ADDITION TO EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, THE   2,455        

COURT SHALL CONSIDER THE RELEVANT PORTIONS OF THE RECORD IN THE    2,456        

CASE THAT RESULTED IN THE ORDER OF FORFEITURE.                     2,458        

      (5)(a)  THE COURT SHALL AMEND ITS ORDER OF FORFEITURE IN     2,460        

                                                          63     

                                                                 
ACCORDANCE WITH ITS DETERMINATION IF IT DETERMINES AT THE HEARING  2,462        

THAT THE PETITIONER HAS ESTABLISHED EITHER OF THE FOLLOWING BY A   2,463        

PREPONDERANCE OF THE EVIDENCE:                                                  

      (i)  THE PETITIONER HAS A LEGAL RIGHT, TITLE, OR INTEREST    2,465        

IN THE PROPERTY THAT RENDERS THE ORDER OF FORFEITURE COMPLETELY    2,466        

OR PARTIALLY INVALID BECAUSE IT WAS VESTED IN THE PETITIONER,      2,467        

RATHER THAN THE ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR  2,468        

THE DELINQUENT CHILD WHOSE ADJUDICATION IS THE BASIS OF THE        2,469        

ORDER, OR WAS SUPERIOR TO ANY RIGHT, TITLE, OR INTEREST OF THAT    2,470        

ADULT OFFENDER OR DELINQUENT CHILD, AT THE TIME OF THE COMMISSION  2,471        

OF THE VIOLATION THAT IS THE BASIS OF THE ORDER.                   2,472        

      (ii)  THE PETITIONER IS A BONA FIDE PURCHASER FOR VALUE OF   2,474        

THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND WAS AT THE TIME  2,475        

OF THE PURCHASE REASONABLY WITHOUT CAUSE TO BELIEVE THAT IT WAS    2,476        

SUBJECT TO FORFEITURE UNDER THIS SECTION.                          2,477        

      (b)  THE COURT ALSO SHALL AMEND ITS ORDER OF FORFEITURE TO   2,479        

REFLECT ANY RIGHT, TITLE, OR INTEREST OF A SECURED PARTY OR OTHER  2,480        

LIENHOLDER OF RECORD IN THE PROPERTY SUBJECT TO THE ORDER THAT     2,481        

WAS ESTABLISHED PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION BY  2,483        

MEANS OF AN AFFIDAVIT, OR THAT WAS ESTABLISHED PURSUANT TO THAT    2,484        

DIVISION BY THE FAILURE OF A PROSECUTING ATTORNEY TO ESTABLISH,    2,485        

IN A HEARING AS DESCRIBED IN THAT DIVISION, THAT THE SECURED       2,486        

PARTY OR OTHER LIENHOLDER DID NOT POSSESS THE ALLEGED RIGHT,       2,487        

TITLE, OR INTEREST IN THE PROPERTY OR THAT THE SECURED PARTY OR    2,488        

OTHER LIENHOLDER HAD ACTUAL KNOWLEDGE OF FACTS PERTAINING TO THE   2,489        

VIOLATION THAT WAS THE BASIS OF THE ORDER.                         2,490        

      (G)(1)  SUBJECT TO DIVISION (G)(2) OF THIS SECTION, IF THE   2,493        

COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER DIVISION (F) OF    2,494        

THIS SECTION OR IF NO PETITIONS ARE FILED UNDER THAT DIVISION AND  2,495        

THE TIME FOR FILING PETITIONS UNDER THAT DIVISION HAS EXPIRED,     2,496        

THE STATE SHALL HAVE CLEAR TITLE TO ALL PROPERTY THAT IS THE       2,497        

SUBJECT OF AN ORDER OF FORFEITURE ISSUED UNDER THIS SECTION AND    2,498        

MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT PURCHASER OR OTHER        2,499        

TRANSFEREE.                                                        2,500        

                                                          64     

                                                                 
      (2)  IF AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF   2,503        

THIS SECTION IS FILED IN ACCORDANCE WITH THAT DIVISION, IF THE     2,504        

AFFIDAVIT CONSTITUTES UNDER THE CIRCUMSTANCES DESCRIBED IN THAT    2,505        

DIVISION CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE RIGHT, TITLE,  2,507        

OR INTEREST OF A SECURED PARTY OR OTHER LIENHOLDER OF RECORD IN    2,508        

THE PROPERTY SUBJECT TO A FORFEITURE ORDER, AND IF ANY MORTGAGE,   2,509        

SECURITY INTEREST, OR OTHER TYPE OF LIEN POSSESSED BY THE SECURED  2,510        

PARTY OR OTHER LIENHOLDER IN CONNECTION WITH THE PROPERTY IS NOT   2,511        

SATISFIED PRIOR TO A SALE OR OTHER DISPOSITION OF THE PROPERTY     2,512        

PURSUANT TO SECTION 2923.47 OF THE REVISED CODE, THEN THE RIGHT,   2,514        

TITLE, OR INTEREST OF THE SECURED PARTY OR OTHER LIENHOLDER IN     2,515        

THE PROPERTY REMAINS VALID FOR PURPOSES OF SECTIONS 2923.45 TO     2,516        

2923.48 OF THE REVISED CODE AND ANY SUBSEQUENT PURCHASER OR OTHER  2,517        

TRANSFEREE OF THE PROPERTY PURSUANT TO SECTION 2923.47 OF THE      2,518        

REVISED CODE SHALL TAKE THE PROPERTY SUBJECT TO THE CONTINUED      2,519        

VALIDITY OF THE RIGHT, TITLE, OR INTEREST OF THE SECURED PARTY OR  2,520        

OTHER LIENHOLDER IN THE PROPERTY.                                               

      Sec. 2923.46.  (A)  THE FOLLOWING PROPERTY IS SUBJECT TO     2,522        

FORFEITURE TO THE STATE IN A CIVIL ACTION AS DESCRIBED IN          2,523        

DIVISION (E) OF THIS SECTION, AND NO PERSON HAS ANY RIGHT, TITLE,  2,524        

OR INTEREST IN THE FOLLOWING PROPERTY:                             2,525        

      (1)  ANY PROPERTY THAT CONSTITUTES, OR IS DERIVED DIRECTLY   2,527        

OR INDIRECTLY FROM, ANY PROCEEDS THAT A PERSON OBTAINED DIRECTLY   2,528        

OR INDIRECTLY FROM THE COMMISSION OF AN ACT THAT, UPON THE FILING  2,529        

OF AN INDICTMENT, COMPLAINT, OR INFORMATION, COULD BE PROSECUTED   2,530        

AS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR THAT,     2,531        

UPON THE FILING OF A COMPLAINT, COULD BE THE BASIS FOR FINDING A   2,532        

JUVENILE TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A  2,533        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE;                  2,534        

      (2)  ANY PROPERTY THAT WAS USED OR INTENDED TO BE USED IN    2,536        

ANY MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, AN ACT   2,537        

THAT, UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR              2,538        

INFORMATION, COULD BE PROSECUTED AS A VIOLATION OF SECTION         2,539        

2923.42 OF THE REVISED CODE OR THAT, UPON THE FILING OF A          2,540        

                                                          65     

                                                                 
COMPLAINT, COULD BE THE BASIS FOR FINDING A JUVENILE TO BE A       2,541        

DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF      2,542        

SECTION 2923.42 OF THE REVISED CODE.                                            

      (B)(1)  ALL RIGHT, TITLE, AND INTEREST IN PROPERTY           2,544        

DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL VEST IN THE STATE  2,545        

UPON THE COMMISSION OF THE ACT GIVING RISE TO A CIVIL FORFEITURE   2,546        

UNDER THIS SECTION.                                                2,547        

      (2)  THE PROVISIONS OF SECTION 2933.43 OF THE REVISED CODE   2,550        

RELATING TO THE PROCEDURES FOR THE FORFEITURE OF CONTRABAND DO     2,551        

NOT APPLY TO A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER     2,552        

THIS SECTION.                                                      2,553        

      (3)  ANY PROPERTY TAKEN OR DETAINED PURSUANT TO THIS         2,555        

SECTION IS NOT SUBJECT TO REPLEVIN AND IS CONSIDERED TO BE IN THE  2,556        

CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY THAT SEIZED THE  2,557        

PROPERTY.                                                          2,558        

      THIS SECTION DOES NOT PRECLUDE THE HEAD OF A LAW             2,560        

ENFORCEMENT AGENCY THAT SEIZES PROPERTY FROM SEEKING THE           2,561        

FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW.  IF THE HEAD  2,563        

OF A LAW ENFORCEMENT AGENCY THAT SEIZES PROPERTY DOES NOT SEEK     2,564        

THE FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW AND IF     2,565        

THE PROPERTY IS SUBJECT TO FORFEITURE UNDER THIS SECTION, THE      2,566        

PROPERTY IS SUBJECT ONLY TO THE ORDERS OF THE COURT OF COMMON                   

PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND IT       2,567        

SHALL BE DISPOSED OF IN ACCORDANCE WITH SECTION 2923.47 OF THE     2,569        

REVISED CODE.                                                                   

      (4)  NOTHING IN THIS SECTION PRECLUDES A FINANCIAL           2,571        

INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN    2,572        

OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION      2,573        

FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL   2,574        

ACTION IN CONNECTION WITH THE PROPERTY, PRIOR TO ITS DISPOSITION   2,575        

IN ACCORDANCE WITH SECTION 2923.47 OF THE REVISED CODE, FOR THE    2,577        

PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO                     

FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN.  A   2,578        

FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER    2,579        

                                                          66     

                                                                 
APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE             2,580        

DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.47 OF  2,581        

THE REVISED CODE, EVEN IF A CIVIL ACTION TO OBTAIN A CIVIL         2,582        

FORFEITURE HAS BEEN OR COULD BE COMMENCED UNDER THIS SECTION,      2,583        

EVEN IF THE PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF     2,584        

CIVIL FORFEITURE ISSUED UNDER THIS SECTION, AND EVEN IF THE        2,585        

PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO      2,586        

THIS SECTION.                                                      2,587        

      IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR       2,589        

TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN THIS      2,590        

DIVISION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY CAUSES THE     2,591        

SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO THIS         2,592        

SECTION AND ITS DISPOSITION PURSUANT TO SECTION 2923.47 OF THE     2,594        

REVISED CODE, AND IF THE PERSON RESPONSIBLE FOR THE CONDUCT OF     2,595        

THE SALE HAS ACTUAL KNOWLEDGE OF THE COMMENCEMENT OF A CIVIL       2,596        

ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION OR ACTUAL   2,597        

KNOWLEDGE OF AN ORDER OF CIVIL FORFEITURE ISSUED UNDER THIS        2,598        

SECTION, THEN THE PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE   2,599        

SHALL DISPOSE OF THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER:  2,600        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO   2,602        

THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND  2,603        

FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE  2,604        

OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY.    2,605        

AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO    2,606        

NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN        2,607        

CONNECTION WITH THE PROPERTY.                                      2,608        

      (b)  SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER        2,610        

COMPLIANCE WITH DIVISION (B)(4)(a) OF THIS SECTION, TO THE         2,612        

PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND     2,613        

LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE      2,614        

PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER       2,615        

DIVISION (B)(1) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST   2,617        

OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND                 

LIENHOLDERS;                                                       2,618        

                                                          67     

                                                                 
      (c)  THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER         2,620        

COMPLIANCE WITH DIVISION (B)(4)(b) OF THIS SECTION, TO THE COURT   2,622        

THAT HAS OR WOULD HAVE JURISDICTION IN A CIVIL ACTION TO OBTAIN A               

CIVIL FORFEITURE UNDER THIS SECTION, FOR DISPOSITION IN            2,623        

ACCORDANCE WITH SECTION 2923.47 OF THE REVISED CODE.               2,624        

      (C)(1)  A LAW ENFORCEMENT OFFICER MAY SEIZE ANY PROPERTY     2,626        

THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION UPON        2,629        

PROCESS, OR A WARRANT AS DESCRIBED IN DIVISION (C)(2) OF THIS      2,630        

SECTION, ISSUED BY A COURT OF COMMON PLEAS THAT HAS JURISDICTION   2,631        

OVER THE PROPERTY.  ADDITIONALLY, A LAW ENFORCEMENT OFFICER MAY                 

SEIZE THE PROPERTY, WITHOUT PROCESS OR A WARRANT BEING SO ISSUED,  2,633        

WHEN ANY OF THE FOLLOWING APPLIES:                                 2,635        

      (a)  THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER A  2,637        

SEARCH WARRANT, A LAWFUL SEARCH WITHOUT A SEARCH WARRANT, OR AN    2,638        

INSPECTION UNDER AN ADMINISTRATIVE INSPECTION WARRANT.             2,639        

      (b)  THE PROPERTY IS THE SUBJECT OF A PRIOR JUDGMENT IN      2,641        

FAVOR OF THE STATE IN A RESTRAINING ORDER, INJUNCTION, OR OTHER    2,642        

PRESERVATION ORDER PROCEEDING UNDER SECTION 2923.45 OF THE         2,644        

REVISED CODE, OR IS THE SUBJECT OF A FORFEITURE ORDER ISSUED                    

PURSUANT TO THAT SECTION.                                          2,645        

      (c)  THE LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO       2,647        

BELIEVE THAT THE PROPERTY IS DIRECTLY OR INDIRECTLY DANGEROUS TO   2,648        

THE PUBLIC HEALTH OR SAFETY.                                       2,649        

      (d)  THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER    2,651        

AFFORDED THE OFFICER WITH PLAIN VIEW OF PERSONAL PROPERTY THAT IS  2,652        

SUBJECT TO CIVIL FORFEITURE IN A CIVIL ACTION UNDER THIS SECTION,  2,653        

THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER WAS LAWFUL,   2,654        

THE DISCOVERY OF THE PERSONAL PROPERTY BY THE LAW ENFORCEMENT      2,655        

OFFICER WAS INADVERTENT, AND THE INCRIMINATING NATURE OF THE       2,656        

PERSONAL PROPERTY WAS IMMEDIATELY APPARENT TO THE LAW ENFORCEMENT  2,657        

OFFICER.                                                                        

      (2)  FOR PURPOSES OF DIVISION (C)(1) OF THIS SECTION, THE    2,659        

STATE MAY REQUEST A COURT OF COMMON PLEAS TO ISSUE A WARRANT THAT  2,660        

AUTHORIZES THE SEIZURE OF PROPERTY THAT IS SUBJECT TO CIVIL        2,661        

                                                          68     

                                                                 
FORFEITURE UNDER THIS SECTION, IN THE SAME MANNER AS PROVIDED IN   2,662        

CRIMINAL RULE 41 AND CHAPTER 2933. OF THE REVISED CODE FOR THE     2,664        

ISSUANCE OF A SEARCH WARRANT.  FOR PURPOSES OF DIVISION (C)(1) OF  2,666        

THIS SECTION, ANY PROCEEDING BEFORE A COURT OF COMMON PLEAS THAT   2,667        

INVOLVES A REQUEST FOR THE ISSUANCE OF PROCESS, OR A WARRANT AS    2,668        

DESCRIBED IN THIS DIVISION, AUTHORIZING THE SEIZURE OF ANY         2,669        

PROPERTY THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION    2,670        

SHALL BE RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER      2,671        

MECHANICAL, ELECTRONIC, OR VIDEO RECORDING DEVICE.  THE RECORDING  2,672        

OF AND ANY TRANSCRIPT OF THE RECORDING OF SUCH A PROCEEDING SHALL  2,673        

NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE       2,674        

REVISED CODE UNTIL THE PROPERTY HAS BEEN SEIZED PURSUANT TO THE    2,676        

PROCESS OR WARRANT.  THIS DIVISION DOES NOT REQUIRE, AUTHORIZE,    2,678        

OR PERMIT THE MAKING AVAILABLE FOR INSPECTION, OR THE COPYING,     2,679        

UNDER SECTION 149.43 OF THE REVISED CODE OF ANY CONFIDENTIAL LAW   2,680        

ENFORCEMENT INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS   2,681        

DEFINED IN THAT SECTION.                                                        

      (3)  IF PROPERTY IS SEIZED PURSUANT TO DIVISION (C)(1) OF    2,683        

THIS SECTION AND IF A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE    2,684        

UNDER THIS SECTION, A CRIMINAL ACTION THAT COULD RESULT IN A       2,685        

CRIMINAL FORFEITURE UNDER SECTION 2923.45 OF THE REVISED CODE, OR  2,687        

A DELINQUENT CHILD PROCEEDING THAT COULD RESULT IN A CRIMINAL      2,688        

FORFEITURE UNDER THAT SECTION IS NOT PENDING AT THE TIME OF THE    2,689        

SEIZURE OR PREVIOUSLY DID NOT OCCUR IN CONNECTION WITH THE         2,690        

PROPERTY, THEN THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH     2,691        

THE SEIZURE OCCURRED PROMPTLY SHALL COMMENCE A CIVIL ACTION TO     2,692        

OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION IN CONNECTION WITH    2,693        

THE PROPERTY, UNLESS AN INDICTMENT, COMPLAINT, OR INFORMATION      2,694        

ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF THE   2,695        

REVISED CODE OR A COMPLAINT ALLEGING THAT A JUVENILE IS A          2,696        

DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN ACT THAT IS A     2,697        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IS FILED PRIOR    2,698        

TO THE COMMENCEMENT OF THE CIVIL ACTION.  NOTHING IN DIVISION      2,699        

(C)(3) OF THIS SECTION PRECLUDES THE FILING OF AN INDICTMENT,      2,700        

                                                          69     

                                                                 
COMPLAINT, OR INFORMATION ALLEGING THE COMMISSION OF A VIOLATION   2,701        

OF SECTION 2923.42 OF THE REVISED CODE OR THE FILING OF A          2,702        

COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD BECAUSE   2,703        

OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION         2,704        

2923.42 OF THE REVISED CODE, AFTER THE COMMENCEMENT OF A CIVIL     2,705        

ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION.                         

      (D)(1)  THE FILING OF AN INDICTMENT, COMPLAINT, OR           2,707        

INFORMATION ALLEGING THE COMMISSION OF A VIOLATION OF SECTION      2,708        

2923.42 OF THE REVISED CODE THAT ALSO IS THE BASIS OF A CIVIL      2,709        

ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, OR THE FILING    2,710        

OF A COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD      2,711        

BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF         2,712        

SECTION 2923.42 OF THE REVISED CODE, AND THAT ALSO IS THE BASIS    2,713        

OF A CIVIL ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, UPON  2,714        

THE MOTION OF THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE  2,715        

INDICTMENT, COMPLAINT, OR INFORMATION OR THE COMPLAINT IN THE      2,716        

DELINQUENT CHILD PROCEEDING IS FILED, SHALL STAY THE CIVIL         2,717        

ACTION.                                                            2,718        

      (2)  A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS  2,720        

SECTION MAY BE COMMENCED AS DESCRIBED IN DIVISION (E) OF THIS      2,721        

SECTION WHETHER OR NOT THE ADULT OR JUVENILE WHO COMMITTED A       2,722        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR AN ACT THAT    2,723        

IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE HAS BEEN     2,724        

CHARGED BY AN INDICTMENT, COMPLAINT, OR INFORMATION WITH THE       2,725        

COMMISSION OF A VIOLATION OF THAT SECTION, HAS PLEADED GUILTY TO   2,726        

OR BEEN FOUND GUILTY OF A VIOLATION OF THAT SECTION, HAS BEEN      2,727        

DETERMINED TO BE A DELINQUENT CHILD FOR THE COMMISSION OF A        2,728        

VIOLATION OF THAT SECTION, HAS BEEN FOUND NOT GUILTY OF            2,729        

COMMITTING A VIOLATION OF THAT SECTION, OR HAS NOT BEEN                         

DETERMINED TO BE A DELINQUENT CHILD FOR THE ALLEGED COMMISSION OF  2,730        

A VIOLATION OF THAT SECTION.                                       2,731        

      (E)(1) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH       2,733        

PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION IS LOCATED MAY  2,734        

COMMENCE A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS    2,735        

                                                          70     

                                                                 
SECTION BY FILING IN THE COURT OF COMMON PLEAS OF THAT COUNTY A    2,736        

COMPLAINT THAT REQUESTS THE ISSUANCE OF AN ORDER OF CIVIL          2,737        

FORFEITURE OF THE PROPERTY TO THE STATE.  NOTICES OF THE ACTION    2,738        

SHALL BE SERVED AND PUBLISHED IN ACCORDANCE WITH DIVISION (E)(2)   2,739        

OF THIS SECTION.                                                   2,740        

      (2)  PRIOR TO OR SIMULTANEOUSLY WITH THE COMMENCEMENT OF     2,742        

THE CIVIL ACTION AS DESCRIBED IN DIVISION (E)(1) OF THIS SECTION,  2,743        

THE PROSECUTING ATTORNEY SHALL CONDUCT OR CAUSE TO BE CONDUCTED A  2,744        

SEARCH OF THE APPROPRIATE PUBLIC RECORDS THAT RELATE TO THE        2,745        

PROPERTY SUBJECT TO CIVIL FORFEITURE, AND SHALL MAKE OR CAUSE TO   2,746        

BE MADE REASONABLY DILIGENT INQUIRIES, FOR THE PURPOSE OF          2,747        

IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE  2,748        

PROPERTY.  THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF   2,749        

THE COMMENCEMENT OF THE CIVIL ACTION, TOGETHER WITH A COPY OF THE  2,750        

COMPLAINT FILED IN IT, TO BE GIVEN TO EACH PERSON WHO IS KNOWN,    2,751        

BECAUSE OF THE CONDUCT OF THE SEARCH, THE MAKING OF THE            2,752        

INQUIRIES, OR OTHERWISE, TO HAVE ANY RIGHT, TITLE, OR INTEREST IN  2,753        

THE PROPERTY, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY   2,754        

PERSONAL SERVICE.  ADDITIONALLY, THE PROSECUTING ATTORNEY SHALL    2,755        

CAUSE A SIMILAR NOTICE TO BE PUBLISHED ONCE A WEEK FOR TWO         2,756        

CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE     2,757        

COUNTY IN WHICH THE PROPERTY IS LOCATED.                           2,758        

      (3)  THE PROCEDURES SPECIFIED IN DIVISIONS (F)(3) TO (5) OF  2,760        

SECTION 2923.45 OF THE REVISED CODE APPLY TO PERSONS CLAIMING ANY  2,762        

RIGHT, TITLE, OR INTEREST IN PROPERTY SUBJECT TO CIVIL FORFEITURE               

UNDER THIS SECTION.  THE REFERENCES IN THOSE DIVISIONS TO THE      2,763        

ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA, OR THE DELINQUENT  2,764        

CHILD WHOSE ADJUDICATION, IS THE BASIS OF AN ORDER OF CRIMINAL     2,765        

FORFEITURE SHALL BE CONSTRUED FOR PURPOSES OF THIS SECTION TO      2,766        

MEAN THE ADULT OR JUVENILE WHO COMMITTED THE ACT THAT COULD BE     2,767        

THE BASIS OF AN ORDER OF CIVIL FORFEITURE UNDER THIS SECTION, AND  2,768        

THE REFERENCES IN THOSE DIVISIONS TO AN ISSUED ORDER OF CRIMINAL   2,769        

FORFEITURE SHALL BE INAPPLICABLE.                                  2,770        

      (4)  A HEARING SHALL BE HELD IN THE CIVIL ACTION DESCRIBED   2,772        

                                                          71     

                                                                 
IN DIVISION (E)(1) OF THIS SECTION AT LEAST THIRTY DAYS AFTER THE  2,773        

FINAL PUBLICATION OF NOTICE AS REQUIRED BY DIVISION (E)(2) OF      2,774        

THIS SECTION AND AFTER THE DATE OF COMPLETION OF THE SERVICE OF    2,775        

NOTICE BY PERSONAL SERVICE OR CERTIFIED MAIL, RETURN RECEIPT       2,776        

REQUESTED, AS REQUIRED BY THAT DIVISION.  FOLLOWING THE HEARING,   2,777        

THE COURT SHALL ISSUE THE REQUESTED ORDER OF CIVIL FORFEITURE IF   2,778        

THE COURT DETERMINES THAT THE PROSECUTING ATTORNEY HAS PROVEN BY   2,779        

CLEAR AND CONVINCING EVIDENCE THAT THE PROPERTY IN QUESTION IS     2,780        

PROPERTY AS DESCRIBED IN DIVISION (A)(1) OR (2) OF THIS SECTION    2,781        

AND IF THE COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER         2,782        

DIVISION (E)(3) OF THIS SECTION OR NO PETITIONS HAVE BEEN SO       2,783        

FILED AND THE TIME FOR FILING THEM HAS EXPIRED.  AN ORDER OF       2,784        

CIVIL FORFEITURE SO ISSUED SHALL STATE THAT ALL RIGHT, TITLE, AND  2,785        

INTEREST IN THE PROPERTY IN QUESTION OF THE ADULT OR JUVENILE WHO  2,786        

COMMITTED THE ACT THAT IS THE BASIS OF THE ORDER IS FORFEITED TO   2,787        

THE STATE AND SHALL MAKE DUE PROVISION FOR THE RIGHT, TITLE, OR    2,788        

INTEREST IN THAT PROPERTY OF ANY OTHER PERSON IN ACCORDANCE WITH   2,789        

ANY DETERMINATIONS MADE BY THE COURT UNDER DIVISION (E)(3) OF      2,790        

THIS SECTION AND IN ACCORDANCE WITH DIVISIONS (F)(5)(b) AND        2,792        

(G)(2) OF SECTION 2923.45 OF THE REVISED CODE.                     2,793        

      (5)  SUBJECT TO DIVISION (G)(2) OF SECTION 2923.45 OF THE    2,796        

REVISED CODE, IF A COURT OF COMMON PLEAS ENTERS AN ORDER OF CIVIL  2,797        

FORFEITURE IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION, THE    2,798        

STATE SHALL HAVE CLEAR TITLE TO THE PROPERTY THAT IS THE SUBJECT   2,799        

OF THE ORDER AND MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT          2,800        

PURCHASER OR OTHER TRANSFEREE.                                     2,801        

      Sec. 2923.47.  (A)  IF PROPERTY IS SEIZED PURSUANT TO        2,803        

SECTION 2923.45 OR 2923.46 OF THE REVISED CODE, IT IS CONSIDERED   2,804        

TO BE IN THE CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY     2,805        

THAT SEIZED IT, AND THE HEAD OF THAT AGENCY MAY DO ANY OF THE      2,806        

FOLLOWING WITH RESPECT TO THAT PROPERTY PRIOR TO ITS DISPOSITION   2,808        

IN ACCORDANCE WITH DIVISION (A)(4) OR (B) OF THIS SECTION:         2,809        

      (1)  PLACE THE PROPERTY UNDER SEAL;                          2,811        

      (2)  REMOVE THE PROPERTY TO A PLACE THAT THE HEAD OF THAT    2,813        

                                                          72     

                                                                 
AGENCY DESIGNATES;                                                 2,814        

      (3)  REQUEST THE ISSUANCE OF A COURT ORDER THAT REQUIRES     2,816        

ANY OTHER APPROPRIATE MUNICIPAL CORPORATION, COUNTY, TOWNSHIP,     2,817        

PARK DISTRICT CREATED PURSUANT TO SECTION 511.18 OR 1545.01 OF     2,819        

THE REVISED CODE, OR STATE LAW ENFORCEMENT OFFICER OR OTHER                     

OFFICER TO TAKE CUSTODY OF THE PROPERTY AND, IF PRACTICABLE,       2,820        

REMOVE IT TO AN APPROPRIATE LOCATION FOR EVENTUAL DISPOSITION IN   2,821        

ACCORDANCE WITH DIVISION (B) OF THIS SECTION;                      2,822        

      (4)(a)  SEEK FORFEITURE OF THE PROPERTY PURSUANT TO FEDERAL  2,824        

LAW.  IF THE HEAD OF THAT AGENCY SEEKS ITS FORFEITURE PURSUANT TO  2,825        

FEDERAL LAW, THE LAW ENFORCEMENT AGENCY SHALL DEPOSIT, USE, AND    2,826        

ACCOUNT FOR PROCEEDS FROM A SALE OF THE PROPERTY UPON ITS          2,828        

FORFEITURE, PROCEEDS FROM ANOTHER DISPOSITION OF THE PROPERTY      2,829        

UPON ITS FORFEITURE, OR FORFEITED MONEYS IT RECEIVES, IN           2,830        

ACCORDANCE WITH THE APPLICABLE FEDERAL LAW AND OTHERWISE SHALL     2,831        

COMPLY WITH THAT LAW.                                              2,832        

      (b)  IF THE STATE HIGHWAY PATROL SEIZED THE PROPERTY AND IF  2,834        

THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SEEKS ITS           2,835        

FORFEITURE PURSUANT TO FEDERAL LAW, THE APPROPRIATE GOVERNMENTAL   2,836        

OFFICIALS SHALL DEPOSIT INTO THE STATE HIGHWAY PATROL CONTRABAND,  2,837        

FORFEITURE, AND OTHER FUND ALL INTEREST OR OTHER EARNINGS DERIVED  2,839        

FROM THE INVESTMENT OF THE PROCEEDS FROM A SALE OF THE PROPERTY                 

UPON ITS FORFEITURE, THE PROCEEDS FROM ANOTHER DISPOSITION OF THE  2,840        

PROPERTY UPON ITS FORFEITURE, OR THE FORFEITED MONEYS.  THE STATE  2,841        

HIGHWAY PATROL SHALL USE AND ACCOUNT FOR THAT INTEREST OR OTHER    2,842        

EARNINGS IN ACCORDANCE WITH THE APPLICABLE FEDERAL LAW.            2,843        

      (c)  DIVISION (B) OF THIS SECTION AND DIVISIONS (D)(1) TO    2,846        

(3) OF SECTION 2933.43 OF THE REVISED CODE DO NOT APPLY TO                      

PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO FEDERAL LAW OR   2,847        

TO THE INTEREST OR OTHER EARNINGS THAT ARE DERIVED FROM THE        2,848        

INVESTMENT OF PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO    2,849        

FEDERAL LAW AND THAT ARE DESCRIBED IN DIVISION (A)(4)(b) OF THIS   2,850        

SECTION.                                                                        

      (B)  IN ADDITION TO COMPLYING WITH ANY REQUIREMENTS IMPOSED  2,852        

                                                          73     

                                                                 
BY A COURT PURSUANT TO SECTION 2923.45 OR 2923.46 OF THE REVISED   2,853        

CODE, AND THE REQUIREMENTS IMPOSED BY THOSE SECTIONS, IN RELATION  2,854        

TO THE DISPOSITION OF PROPERTY FORFEITED TO THE STATE UNDER        2,855        

EITHER OF THOSE SECTIONS, THE PROSECUTING ATTORNEY WHO IS          2,856        

RESPONSIBLE FOR ITS DISPOSITION SHALL DISPOSE OF THE PROPERTY AS   2,857        

FOLLOWS:                                                           2,858        

      (1)  ANY VEHICLE THAT WAS USED IN A VIOLATION OF SECTION     2,861        

2923.42 OF THE REVISED CODE OR IN AN ACT OF A JUVENILE THAT IS A   2,862        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL BE GIVEN    2,863        

TO THE LAW ENFORCEMENT AGENCY OF THE MUNICIPAL CORPORATION OR      2,865        

COUNTY IN WHICH THE OFFENSE OR ACT OCCURRED IF THAT AGENCY         2,866        

DESIRES TO HAVE THE VEHICLE, EXCEPT THAT, IF THE OFFENSE OR ACT    2,867        

OCCURRED IN A TOWNSHIP OR IN A PARK DISTRICT CREATED PURSUANT TO   2,868        

SECTION 511.18 OR 1545.01 OF THE REVISED CODE AND A LAW            2,869        

ENFORCEMENT OFFICER EMPLOYED BY THE TOWNSHIP OR THE PARK DISTRICT               

WAS INVOLVED IN THE SEIZURE OF THE VEHICLE, THE VEHICLE MAY BE     2,870        

GIVEN TO THE LAW ENFORCEMENT AGENCY OF THAT TOWNSHIP OR PARK       2,871        

DISTRICT IF THAT AGENCY DESIRES TO HAVE THE VEHICLE, AND EXCEPT    2,872        

THAT, IF THE STATE HIGHWAY PATROL MADE THE SEIZURE OF THE          2,873        

VEHICLE, THE VEHICLE MAY BE GIVEN TO THE STATE HIGHWAY PATROL IF   2,874        

IT DESIRES TO HAVE THE VEHICLE.                                    2,875        

      (2)  DRUGS SHALL BE DISPOSED OF PURSUANT TO SECTION 3719.11  2,877        

OF THE REVISED CODE OR PLACED IN THE CUSTODY OF THE SECRETARY OF   2,878        

THE TREASURY OF THE UNITED STATES FOR DISPOSAL OR USE FOR MEDICAL  2,880        

OR SCIENTIFIC PURPOSES UNDER APPLICABLE FEDERAL LAW.               2,881        

      (3)  FIREARMS AND DANGEROUS ORDNANCE SUITABLE FOR POLICE     2,883        

WORK MAY BE GIVEN TO A LAW ENFORCEMENT AGENCY FOR THAT PURPOSE.    2,884        

FIREARMS SUITABLE FOR SPORTING USE, OR AS MUSEUM PIECES OR         2,885        

COLLECTORS' ITEMS, MAY BE DISPOSED OF BY SALE PURSUANT TO          2,886        

DIVISION (B)(7) OF THIS SECTION.  OTHER FIREARMS AND DANGEROUS     2,887        

ORDNANCE SHALL BE DESTROYED BY A LAW ENFORCEMENT AGENCY OR SHALL   2,888        

BE SENT TO THE BUREAU OF CRIMINAL IDENTIFICATION AND               2,889        

INVESTIGATION FOR DESTRUCTION BY IT.                               2,890        

      (4)  COMPUTERS, COMPUTER NETWORKS, COMPUTER SYSTEMS, AND     2,892        

                                                          74     

                                                                 
COMPUTER SOFTWARE SUITABLE FOR POLICE WORK MAY BE GIVEN TO A LAW   2,893        

ENFORCEMENT AGENCY FOR THAT PURPOSE.  OTHER COMPUTERS, COMPUTER    2,894        

NETWORKS, COMPUTER SYSTEMS, AND COMPUTER SOFTWARE SHALL BE         2,895        

DISPOSED OF BY SALE PURSUANT TO DIVISION (B)(7) OF THIS SECTION    2,896        

OR DISPOSED OF IN ANOTHER MANNER THAT THE COURT THAT ISSUED THE    2,897        

ORDER OF FORFEITURE CONSIDERS PROPER UNDER THE CIRCUMSTANCES.      2,898        

      (5)  OBSCENE MATERIALS SHALL BE DESTROYED.                   2,900        

      (6)  BEER, INTOXICATING LIQUOR, AND ALCOHOL SHALL BE         2,902        

DISPOSED OF IN ACCORDANCE WITH DIVISION (D)(4) OF SECTION 2933.41  2,903        

OF THE REVISED CODE.                                               2,904        

      (7)  IN THE CASE OF PROPERTY NOT DESCRIBED IN DIVISIONS      2,907        

(B)(1) TO (6) OF THIS SECTION AND OF PROPERTY DESCRIBED IN THOSE                

DIVISIONS BUT NOT DISPOSED OF PURSUANT TO THEM, THE PROPERTY       2,908        

SHALL BE SOLD IN ACCORDANCE WITH DIVISION (B)(7) OF THIS SECTION   2,909        

OR, IN THE CASE OF FORFEITED MONEYS, DISPOSED OF IN ACCORDANCE     2,910        

WITH DIVISION (B)(7) OF THIS SECTION.  IF THE PROPERTY IS TO BE    2,911        

SOLD, THE PROSECUTING ATTORNEY SHALL CAUSE A NOTICE OF THE         2,913        

PROPOSED SALE OF THE PROPERTY TO BE GIVEN IN ACCORDANCE WITH LAW,  2,914        

AND THE PROPERTY SHALL BE SOLD, WITHOUT APPRAISAL, AT A PUBLIC     2,915        

AUCTION TO THE HIGHEST BIDDER FOR CASH.  THE PROCEEDS OF A SALE    2,916        

AND FORFEITED MONEYS SHALL BE APPLIED IN THE FOLLOWING ORDER:      2,917        

      (a)  FIRST, TO THE PAYMENT OF THE COSTS INCURRED IN          2,919        

CONNECTION WITH THE SEIZURE OF, STORAGE OF, MAINTENANCE OF, AND    2,920        

PROVISION OF SECURITY FOR THE PROPERTY, THE FORFEITURE PROCEEDING  2,921        

OR CIVIL ACTION, AND, IF ANY, THE SALE;                            2,922        

      (b)  SECOND, THE REMAINING PROCEEDS OR FORFEITED MONEYS      2,924        

AFTER COMPLIANCE WITH DIVISION (B)(7)(a) OF THIS SECTION, TO THE   2,926        

PAYMENT OF THE VALUE OF ANY LEGAL RIGHT, TITLE, OR INTEREST IN     2,927        

THE PROPERTY THAT IS POSSESSED BY A PERSON WHO, PURSUANT TO        2,928        

DIVISION (F) OF SECTION 2923.45 OF THE REVISED CODE OR DIVISION    2,930        

(E) OF SECTION 2923.46 OF THE REVISED CODE, ESTABLISHED THE                     

VALIDITY OF AND CONSEQUENTLY PRESERVED THAT LEGAL RIGHT, TITLE,    2,931        

OR INTEREST, INCLUDING, BUT NOT LIMITED TO, ANY MORTGAGE,          2,932        

PERFECTED OR OTHER SECURITY INTEREST, OR OTHER LIEN IN THE         2,933        

                                                          75     

                                                                 
PROPERTY.  THE VALUE OF THESE RIGHTS, TITLES, OR INTERESTS SHALL   2,934        

BE PAID ACCORDING TO THEIR RECORD OR OTHER ORDER OF PRIORITY.      2,935        

      (c)  THIRD, THE REMAINING PROCEEDS OR FORFEITED MONEYS       2,937        

AFTER COMPLIANCE WITH DIVISIONS (B)(7)(a) AND (b) OF THIS          2,939        

SECTION, AS FOLLOWS:                                                            

      (i)  IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, TEN  2,941        

PER CENT TO ONE OR MORE ALCOHOL AND DRUG ADDICTION TREATMENT       2,942        

PROGRAMS THAT ARE CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG  2,943        

ADDICTION SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE AND   2,944        

THAT ARE SPECIFIED IN THE ORDER OF FORFEITURE.  A JUVENILE COURT   2,945        

SHALL NOT SPECIFY AN ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM   2,946        

IN THE ORDER OF FORFEITURE UNLESS THE PROGRAM IS A CERTIFIED       2,947        

ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM AND, EXCEPT AS        2,948        

PROVIDED IN DIVISION (B)(7)(c)(i) OF THIS SECTION, UNLESS THE      2,950        

PROGRAM IS LOCATED IN THE COUNTY IN WHICH THE COURT THAT ORDERS                 

THE FORFEITURE IS LOCATED OR IN A CONTIGUOUS COUNTY.  IF NO        2,951        

CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM IS LOCATED  2,952        

IN ANY OF THOSE COUNTIES, THE JUVENILE COURT MAY SPECIFY IN THE    2,953        

ORDER A CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM     2,954        

LOCATED ANYWHERE WITHIN THIS STATE.                                             

      (ii)  IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT,     2,956        

NINETY PER CENT, AND IF THE FORFEITURE WAS ORDERED IN A COURT      2,957        

OTHER THAN A JUVENILE COURT, ONE HUNDRED PER CENT TO APPROPRIATE   2,958        

FUNDS IN ACCORDANCE WITH DIVISIONS (D)(1)(c) AND (2) OF SECTION    2,959        

2933.43 OF THE REVISED CODE.  THE REMAINING PROCEEDS OR FORFEITED  2,960        

MONEYS SO DEPOSITED SHALL BE USED ONLY FOR THE PURPOSES            2,961        

AUTHORIZED BY THOSE DIVISIONS AND DIVISION (D)(3)(a)(ii) OF THAT   2,962        

SECTION.                                                                        

      (C)(1)  SECTIONS 2923.45 TO 2923.48 OF THE REVISED CODE DO   2,964        

NOT PRECLUDE A FINANCIAL INSTITUTION THAT POSSESSED A VALID        2,965        

MORTGAGE, SECURITY INTEREST, OR LIEN THAT IS NOT SATISFIED PRIOR   2,966        

TO A SALE UNDER DIVISION (B)(7) OF THIS SECTION OR FOLLOWING A     2,967        

SALE BY APPLICATION OF DIVISION (B)(7)(b) OF THIS SECTION, FROM    2,969        

COMMENCING A CIVIL ACTION IN ANY APPROPRIATE COURT IN THIS OR      2,970        

                                                          76     

                                                                 
ANOTHER STATE TO OBTAIN A DEFICIENCY JUDGMENT AGAINST THE DEBTOR   2,971        

IF THE FINANCIAL INSTITUTION OTHERWISE WOULD HAVE BEEN ENTITLED    2,972        

TO DO SO IN THIS OR ANOTHER STATE.                                 2,973        

      (2)  ANY LAW ENFORCEMENT AGENCY THAT OBTAINS ANY VEHICLE     2,975        

PURSUANT TO DIVISION (B)(1) OF THIS SECTION SHALL TAKE THE         2,976        

VEHICLE SUBJECT TO THE OUTSTANDING AMOUNT OF ANY SECURITY          2,977        

INTEREST OR LIEN THAT ATTACHES TO THE VEHICLE.                     2,978        

      (3)  NOTHING IN THIS SECTION IMPAIRS A MORTGAGE, SECURITY    2,980        

INTEREST, LIEN, OR OTHER INTEREST OF A FINANCIAL INSTITUTION IN    2,982        

PROPERTY THAT WAS THE SUBJECT OF A FORFEITURE ORDER UNDER SECTION  2,983        

2923.45 OR 2923.46 OF THE REVISED CODE AND THAT WAS SOLD OR        2,984        

OTHERWISE DISPOSED OF IN A MANNER THAT DOES NOT CONFORM TO THE     2,985        

REQUIREMENTS OF DIVISION (B) OF THIS SECTION, OR ANY RIGHT OF A    2,986        

FINANCIAL INSTITUTION OF THAT NATURE TO COMMENCE A CIVIL ACTION    2,987        

IN ANY APPROPRIATE COURT IN THIS OR ANOTHER STATE TO OBTAIN A      2,988        

DEFICIENCY JUDGMENT AGAINST THE DEBTOR.                                         

      (4)  FOLLOWING THE SALE UNDER DIVISION (B)(7) OF THIS        2,990        

SECTION OF ANY PROPERTY THAT IS REQUIRED TO BE TITLED OR           2,991        

REGISTERED UNDER THE LAW OF THIS STATE, THE PROSECUTING ATTORNEY   2,992        

RESPONSIBLE FOR THE DISPOSITION OF THE PROPERTY SHALL CAUSE THE    2,993        

STATE TO ISSUE AN APPROPRIATE CERTIFICATE OF TITLE OR              2,994        

REGISTRATION TO THE PURCHASER OF THE PROPERTY.  IF, IN A           2,996        

DISPOSITION OF PROPERTY PURSUANT TO DIVISION (B) OF THIS SECTION,  2,997        

THE STATE OR A POLITICAL SUBDIVISION IS GIVEN ANY PROPERTY THAT    2,998        

IS REQUIRED TO BE TITLED OR REGISTERED UNDER THE LAW OF THIS       2,999        

STATE, THE PROSECUTING ATTORNEY RESPONSIBLE FOR THE DISPOSITION    3,000        

OF THE PROPERTY SHALL CAUSE THE STATE TO ISSUE AN APPROPRIATE      3,001        

CERTIFICATE OF TITLE OR REGISTRATION TO ITSELF OR TO THE           3,002        

POLITICAL SUBDIVISION.                                                          

      (D)  PROPERTY THAT HAS BEEN FORFEITED TO THE STATE PURSUANT  3,004        

TO AN ORDER OF CRIMINAL FORFEITURE UNDER SECTION 2923.45 OF THE    3,005        

REVISED CODE OR AN ORDER OF CIVIL FORFEITURE UNDER SECTION         3,006        

2923.46 OF THE REVISED CODE SHALL NOT BE AVAILABLE FOR USE TO PAY  3,007        

ANY FINE IMPOSED UPON A PERSON WHO IS CONVICTED OF OR PLEADS       3,008        

                                                          77     

                                                                 
GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR    3,009        

UPON A JUVENILE WHO IS FOUND BY A JUVENILE COURT TO BE A           3,010        

DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION         3,011        

2923.42 OF THE REVISED CODE.                                                    

      (E)  SECTIONS 2923.45 TO 2923.48 OF THE REVISED CODE DO NOT  3,013        

PROHIBIT A LAW ENFORCEMENT OFFICER FROM SEEKING THE FORFEITURE OF  3,014        

CONTRABAND ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE   3,015        

REVISED CODE PURSUANT TO SECTION 2933.43 OF THE REVISED CODE.      3,016        

      Sec. 2923.48.  (A)  ANY PERSON WHO IS AGGRIEVED BY AN        3,018        

ALLEGED UNLAWFUL SEIZURE OF PROPERTY THAT POTENTIALLY IS SUBJECT   3,019        

TO FORFEITURE UNDER SECTION 2923.45 OR 2923.46 OF THE REVISED      3,020        

CODE MAY FILE A MOTION AS DESCRIBED IN DIVISION (B) OF THIS        3,021        

SECTION WITH WHICHEVER OF THE FOLLOWING COURTS IS APPROPRIATE      3,022        

UNDER THE CIRCUMSTANCES, WITHIN THE TIME DESCRIBED IN DIVISION     3,024        

(C) OF THIS SECTION:                                                            

      (1)  THE COURT OF COMMON PLEAS IN WHICH A CRIMINAL           3,026        

PROSECUTION FOR A VIOLATION OF SECTION 2923.42 OF THE REVISED      3,027        

CODE IS PENDING;                                                                

      (2)  THE JUVENILE COURT IN WHICH A DELINQUENT CHILD ACTION   3,029        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   3,030        

CODE IS PENDING;                                                                

      (3)  THE COURT OF COMMON PLEAS IN WHICH A CIVIL ACTION AS    3,032        

DESCRIBED IN DIVISION (E) OF SECTION 2923.46 OF THE REVISED CODE   3,033        

IS PENDING;                                                                     

      (4)  THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE    3,035        

PROPERTY WAS SEIZED.                                               3,036        

      (B)  A MOTION FILED PURSUANT TO DIVISION (A) OF THIS         3,038        

SECTION SHALL SPECIFY THAT THE SEIZURE OF SPECIFIED PROPERTY WAS   3,040        

UNLAWFUL, STATE THE REASONS WHY THE MOVANT BELIEVES THE SEIZURE    3,041        

WAS UNLAWFUL, STATE THAT THE MOVANT IS LAWFULLY ENTITLED TO        3,042        

POSSESSION OF THE SEIZED PROPERTY, AND REQUEST THE COURT OF        3,043        

COMMON PLEAS OR THE JUVENILE COURT TO ISSUE AN ORDER THAT                       

MANDATES THE LAW ENFORCEMENT AGENCY HAVING CUSTODY OF THE SEIZED   3,045        

PROPERTY TO RETURN IT TO THE MOVANT.  FOR PURPOSES OF THIS         3,046        

                                                          78     

                                                                 
DIVISION, AN UNLAWFUL SEIZURE OF PROPERTY INCLUDES, BUT IS NOT     3,047        

LIMITED TO, A SEIZURE IN VIOLATION OF THE FOURTH AMENDMENT TO THE  3,048        

CONSTITUTION OF THE UNITED STATES OR OF SECTION 14 OF ARTICLE I,   3,050        

OHIO CONSTITUTION, AND A SEIZURE PURSUANT TO SECTIONS 2923.45 TO   3,051        

2923.47 OF THE REVISED CODE OF PROPERTY OTHER THAN POTENTIALLY     3,052        

FORFEITABLE PROPERTY AS DESCRIBED IN DIVISION (A)(1) OF SECTION    3,053        

2923.45 OR DIVISION (A) OF SECTION 2923.46 OF THE REVISED CODE.    3,054        

      (C)(1)  IF A MOTION AS DESCRIBED IN DIVISION (A) OF THIS     3,056        

SECTION IS FILED PRIOR TO THE ENTRY OF AN ORDER OF FORFEITURE      3,057        

UNDER SECTION 2923.45 OR 2923.46 OF THE REVISED CODE, THE COURT    3,058        

OF COMMON PLEAS OR THE JUVENILE COURT PROMPTLY SHALL SCHEDULE A    3,059        

HEARING ON THE MOTION AND CAUSE NOTICE OF THE DATE AND TIME OF     3,061        

THE HEARING TO BE GIVEN TO THE MOVANT AND THE PROSECUTING          3,062        

ATTORNEY OF THE COUNTY IN WHICH THE PROPERTY WAS SEIZED.  AT THE   3,063        

HEARING, THE MOVANT AND THE PROSECUTING ATTORNEY MAY PRESENT       3,064        

WITNESSES AND EVIDENCE RELATIVE TO THE ISSUES OF WHETHER THE       3,065        

PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED AND WHETHER THE MOVANT  3,066        

IS LAWFULLY ENTITLED TO POSSESSION OF THE PROPERTY.  IF, AFTER     3,067        

THE HEARING, THE COURT OF COMMON PLEAS OR THE JUVENILE COURT       3,068        

DETERMINES THAT THE MOVANT HAS ESTABLISHED, BY A PREPONDERANCE OF  3,069        

THE EVIDENCE, THAT THE PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED  3,070        

AND THAT THE MOVANT IS LAWFULLY ENTITLED TO POSSESSION OF IT, THE  3,071        

COURT SHALL ISSUE AN ORDER THAT REQUIRES THE LAW ENFORCEMENT       3,072        

AGENCY HAVING CUSTODY OF THE SEIZED PROPERTY TO RETURN IT TO THE   3,073        

MOVANT.                                                            3,074        

      (2)(a)  IF A MOTION IS FILED IN ACCORDANCE WITH DIVISION     3,077        

(C)(1) OF THIS SECTION AND, AT THE TIME OF FILING OR OF THE                     

HEARING ON THE MOTION, A CRIMINAL PROSECUTION FOR A VIOLATION OF   3,078        

SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD ACTION   3,079        

FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED   3,080        

CODE HAS BEEN COMMENCED BY THE FILING OF AN INDICTMENT,            3,081        

INFORMATION, OR COMPLAINT, THEN THE COURT OF COMMON PLEAS OR THE   3,082        

JUVENILE COURT SHALL TREAT THE MOTION AS A MOTION TO SUPPRESS      3,084        

EVIDENCE.                                                                       

                                                          79     

                                                                 
      (b)  IF AN ORDER TO RETURN SEIZED PROPERTY IS ISSUED         3,086        

PURSUANT TO DIVISION (C)(1) OF THIS SECTION, THE RETURNED          3,087        

PROPERTY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY PENDING OR     3,088        

SUBSEQUENTLY COMMENCED CRIMINAL PROSECUTION FOR A VIOLATION OF     3,089        

SECTION 2923.42 OF THE REVISED CODE IF THE PROSECUTION AROSE OR    3,090        

ARISES OUT OF THE UNLAWFUL SEIZURE OF THE PROPERTY, OR IN ANY      3,091        

PENDING OR SUBSEQUENTLY COMMENCED DELINQUENT CHILD ACTION FOR AN   3,092        

ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IF  3,093        

THE ACTION AROSE OR ARISES OUT OF THE UNLAWFUL SEIZURE OF THE      3,094        

PROPERTY.                                                          3,095        

      Sec. 2923.49.  A LAW ENFORCEMENT OFFICER OR A LAW            3,097        

ENFORCEMENT AGENCY THAT OBTAINS ANY INFORMATION PERTAINING TO A    3,098        

VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL REPORT      3,099        

THAT INFORMATION TO THE ATTORNEY GENERAL FOR THE PURPOSE OF        3,100        

ESTABLISHING AND MAINTAINING A STATEWIDE CRIMINAL GANG DATABASE.   3,101        

THE ATTORNEY GENERAL SHALL ADOPT RULES NECESSARY IN THE                         

IMPLEMENTATION OF THIS SECTION.                                    3,102        

      Sec. 2929.14.  (A)  Except as provided in division (C),      3,121        

(D)(2), (D)(3), or (D)(4), or (G) of this section and except in    3,122        

relation to an offense for which a sentence of death or life       3,123        

imprisonment is to be imposed, if the court imposing a sentence    3,124        

upon an offender for a felony elects or is required to impose a    3,125        

prison term on the offender pursuant to this chapter and is not    3,126        

prohibited by division (G)(1) of section 2929.13 of the Revised    3,127        

Code from imposing a prison term on the offender, the court shall               

impose a definite prison term that shall be one of the following:  3,129        

      (1)  For a felony of the first degree, the prison term       3,131        

shall be three, four, five, six, seven, eight, nine, or ten        3,132        

years.                                                             3,133        

      (2)  For a felony of the second degree, the prison term      3,135        

shall be two, three, four, five, six, seven, or eight years.       3,136        

      (3)  For a felony of the third degree, the prison term       3,138        

shall be one, two, three, four, or five years.                     3,139        

      (4)  For a felony of the fourth degree, the prison term      3,141        

                                                          80     

                                                                 
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,   3,142        

fourteen, fifteen, sixteen, seventeen, or eighteen months.         3,143        

      (5)  For a felony of the fifth degree, the prison term       3,145        

shall be six, seven, eight, nine, ten, eleven, or twelve months.   3,147        

      (B)  Except as provided in division (C), (D)(2), (D)(3), or  3,150        

(G) of this section or in Chapter 2925. of the Revised Code, if    3,151        

the court imposing a sentence upon an offender for a felony        3,152        

elects or is required to impose a prison term on the offender and  3,153        

if the offender previously has not served a prison term, the       3,154        

court shall impose the shortest prison term authorized for the     3,155        

offense pursuant to division (A) of this section, unless the       3,156        

court finds on the record that the shortest prison term will       3,157        

demean the seriousness of the offender's conduct or will not       3,158        

adequately protect the public from future crime by the offender    3,159        

or others.                                                         3,160        

      (C)  Except as provided in division (G) of this section or   3,162        

in Chapter 2925. of the Revised Code, the court imposing a         3,163        

sentence upon an offender for a felony may impose the longest      3,164        

prison term authorized for the offense pursuant to division (A)    3,165        

of this section only upon offenders who committed the worst forms  3,166        

of the offense, upon offenders who pose the greatest likelihood    3,167        

of committing future crimes, upon certain major drug offenders     3,168        

under division (D)(3) of this section, and upon certain repeat     3,169        

violent offenders in accordance with division (D)(2) of this       3,171        

section.                                                                        

      (D)(1)(a)(i)  Except as provided in division (D)(1)(b) of    3,173        

this section, if an offender who is convicted of or pleads guilty  3,174        

to a felony also is convicted of or pleads guilty to a             3,175        

specification of the type described in section 2941.144 of the     3,176        

Revised Code that charges the offender with having a firearm that  3,178        

is an automatic firearm or that was equipped with a firearm        3,179        

muffler or silencer on or about the offender's person or under     3,181        

the offender's control while committing the felony, a                           

specification of the type described in section 2941.145 of the     3,182        

                                                          81     

                                                                 
Revised Code that charges the offender with having a firearm on    3,183        

or about the offender's person or under the offender's control     3,184        

while committing the offense and displaying the firearm,           3,186        

brandishing the firearm, indicating that the offender possessed    3,187        

the firearm, or using it to facilitate the offense, or a           3,189        

specification of the type described in section 2941.141 of the                  

Revised Code that charges the offender with having a firearm on    3,191        

or about the offender's person or under the offender's control     3,192        

while committing the felony, the court, after imposing a prison    3,193        

term on the offender for the felony under division (A), (D)(2),    3,195        

or (D)(3) of this section, shall impose an additional prison       3,196        

term, determined pursuant to this division, that shall not be      3,197        

reduced pursuant to section 2929.20, section 2967.193, or any      3,198        

other provision of Chapter 2967. or Chapter 5120. of the Revised   3,199        

Code.  If the specification is of the type described in section    3,201        

2941.144 of the Revised Code, the additional prison term shall be  3,202        

six years.  If the specification is of the type described in       3,204        

section 2941.145 of the Revised Code, the additional prison term   3,206        

shall be three years.  If the specification is of the type         3,207        

described in section 2941.141 of the Revised Code, the additional               

prison term shall be one year.  A court shall not impose more      3,209        

than one additional prison term on an offender under this          3,210        

division for felonies committed as part of the same act or         3,211        

transaction.  If a court imposes an additional prison term under   3,212        

division (D)(1)(a)(ii) of this section, the court is not                        

precluded from imposing an additional prison term under this       3,213        

division.                                                                       

      (ii)  Except as provided in division (D)(1)(b) of this       3,216        

section, if an offender who is convicted of or pleads guilty to a  3,217        

violation of section 2923.161 of the Revised Code or to a felony   3,219        

that includes, as an essential element, purposely or knowingly     3,220        

causing or attempting to cause the death of or physical harm to    3,221        

another, also is convicted of or pleads guilty to a specification  3,222        

of the type described in section 2941.146 of the Revised Code      3,225        

                                                          82     

                                                                 
that charges the offender with committing the offense by           3,226        

discharging a firearm from a motor vehicle, as defined in section  3,227        

4501.01 of the Revised Code, other than a manufactured home, as    3,230        

defined in section 4501.01 of the Revised Code, the court, after   3,232        

imposing a prison term on the offender for the violation of        3,233        

section 2923.161 of the Revised Code or for the other felony       3,235        

offense under division (A), (D)(2), or (D)(3) of this section,     3,236        

shall impose an additional prison term of five years upon the      3,237        

offender that shall not be reduced pursuant to section 2929.20,    3,238        

section 2967.193, or any other provision of Chapter 2967. or       3,239        

Chapter 5120. of the Revised Code.  A court shall not impose more  3,241        

than one additional prison term on an offender under this                       

division for felonies committed as part of the same act or         3,243        

transaction.  If a court imposes an additional prison term on an                

offender under this division relative to an offense, the court     3,244        

also shall impose an additional prison term under division         3,245        

(D)(1)(a)(i) of this section relative to the same offense,         3,246        

provided the criteria specified in that division for imposing an   3,247        

additional prison term are satisfied relative to the offender and  3,248        

the offense.                                                                    

      (b)  The court shall not impose any of the additional        3,250        

prison terms described in division (D)(1)(a) of this section upon  3,253        

an offender for a violation of section 2923.12 of the Revised      3,254        

Code.  The court shall not impose any of the additional prison     3,255        

terms described in that division upon an offender for a violation  3,256        

of section 2923.13 of the Revised Code unless all of the           3,257        

following apply:                                                                

      (i)  The offender previously has been convicted of           3,260        

aggravated murder, murder, or any felony of the first or second    3,261        

degree.                                                                         

      (ii)  Less than five years have passed since the offender    3,264        

was released from prison or post-release control, whichever is     3,265        

later, for the prior offense.                                                   

      (2)(a)  If an offender who is convicted of or pleads guilty  3,268        

                                                          83     

                                                                 
to a felony also is convicted of or pleads guilty to a             3,269        

specification of the type described in section 2941.149 of the     3,270        

Revised Code that the offender is a repeat violent offender, the   3,272        

court shall impose a prison term from the range of terms           3,273        

authorized for the offense under division (A) of this section      3,274        

that may be the longest term in the range and that shall not be    3,275        

reduced pursuant to section 2929.20, section 2967.193, or any      3,277        

other provision of Chapter 2967. or Chapter 5120. of the Revised   3,278        

Code.  If the court finds that the repeat violent offender, in     3,280        

committing the offense, caused any physical harm that carried a    3,281        

substantial risk of death to a person or that involved             3,282        

substantial permanent incapacity or substantial permanent          3,283        

disfigurement of a person, the court shall impose the longest      3,284        

prison term from the range of terms authorized for the offense     3,286        

under division (A) of this section.                                             

      (b)  If the court imposing a prison term on a repeat         3,289        

violent offender imposes the longest prison term from the range    3,290        

of terms authorized for the offense under division (A) of this     3,291        

section, the court may impose on the offender an additional        3,292        

definite prison term of one, two, three, four, five, six, seven,   3,293        

eight, nine, or ten years if the court finds that both of the      3,294        

following apply with respect to the prison terms imposed on the    3,295        

offender pursuant to division (D)(2)(a) of this section and, if    3,296        

applicable, divisions (D)(1) and (3) of this section:              3,297        

      (i)  The terms so imposed are inadequate to punish the       3,300        

offender and protect the public from future crime, because the     3,301        

applicable factors under section 2929.12 of the Revised Code       3,304        

indicating a greater likelihood of recidivism outweigh the         3,306        

applicable factors under that section indicating a lesser                       

likelihood of recidivism.                                          3,307        

      (ii)  The terms so imposed are demeaning to the seriousness  3,310        

of the offense, because one or more of the factors under section   3,311        

2929.12 of the Revised Code indicating that the offender's         3,312        

conduct is more serious than conduct normally constituting the     3,313        

                                                          84     

                                                                 
offense are present, and they outweigh the applicable factors      3,314        

under that section indicating that the offender's conduct is less  3,316        

serious than conduct normally constituting the offense.                         

      (3)(a)  Except when an offender commits a violation of       3,319        

section 2903.01 or 2907.02 of the Revised Code and the penalty     3,320        

imposed for the violation is life imprisonment or commits a        3,321        

violation of section 2903.02 of the Revised Code, if the offender  3,322        

commits a violation of section 2925.03, 2925.04, or 2925.11 of     3,323        

the Revised Code and that section requires the imposition of a     3,325        

ten-year prison term on the offender or if a court imposing a      3,326        

sentence upon an offender for a felony finds that the offender is  3,327        

guilty of a specification of the type described in section         3,328        

2941.1410 of the Revised Code, that the offender is a major drug   3,329        

offender, is guilty of corrupt activity with the most serious      3,330        

offense in the pattern of corrupt activity being a felony of the   3,331        

first degree, or is guilty of an attempted forcible violation of   3,332        

section 2907.02 of the Revised Code with the victim being under    3,333        

thirteen years of age and that attempted violation is the felony   3,334        

for which sentence is being imposed, the court shall impose upon   3,335        

the offender for the felony violation a ten-year prison term that  3,336        

cannot be reduced pursuant to section 2929.20 or Chapter 2967. or  3,338        

5120. of the Revised Code.                                                      

      (b)  The court imposing a prison term on an offender under   3,341        

division (D)(3)(a) of this section may impose an additional        3,342        

prison term of one, two, three, four, five, six, seven, eight,     3,343        

nine, or ten years, if the court, with respect to the term         3,344        

imposed under division (D)(3)(a) of this section and, if           3,345        

applicable, divisions (D)(1) and (2) of this section, makes both   3,347        

of the findings set forth in divisions (D)(2)(b)(i) and (ii) of    3,348        

this section.                                                                   

      (4)  If the offender is being sentenced for a fourth degree  3,350        

felony OMVI offense and if division (G)(2) of section 2929.13 of   3,352        

the Revised Code requires the sentencing court to impose upon the  3,353        

offender a mandatory prison term, the sentencing court shall       3,354        

                                                          85     

                                                                 
impose upon the offender a mandatory prison term in accordance     3,355        

with that division.  In addition to the mandatory prison term,                  

the sentencing court may sentence the offender to an additional    3,356        

prison term of any duration specified in division (A)(4) of this   3,357        

section minus the sixty days imposed upon the offender as the      3,358        

mandatory prison term.  The total of the additional prison term    3,359        

imposed under division (D)(4) of this section plus the sixty days  3,360        

imposed as the mandatory prison term shall equal one of the        3,361        

authorized prison terms specified in division (A)(4) of this                    

section.  If the court imposes an additional prison term under     3,362        

division (D)(4) of this section, the offender shall serve the      3,363        

additional prison term after the offender has served the           3,364        

mandatory prison term required for the offense.  The court shall   3,365        

not sentence the offender to a community control sanction under                 

section 2929.16 or 2929.17 of the Revised Code.                    3,366        

      (E)(1)  If a mandatory prison term is imposed upon an        3,369        

offender pursuant to division (D)(1)(a) of this section for        3,370        

having a firearm on or about the offender's person or under the                 

offender's control while committing a felony or if a mandatory     3,372        

prison term is imposed upon an offender pursuant to division       3,373        

(D)(1)(b) of this section for committing a felony specified in     3,374        

that division by discharging a firearm from a motor vehicle, the   3,375        

offender shall serve the mandatory prison term consecutively to    3,376        

and prior to the prison term imposed for the underlying felony     3,377        

pursuant to division (A), (D)(2), or (D)(3) of this section or     3,378        

any other section of the Revised Code and consecutively to any     3,379        

other prison term or mandatory prison term previously or           3,381        

subsequently imposed upon the offender.                            3,382        

      (2)  If an offender who is an inmate in a jail, prison, or   3,385        

other residential detention facility violates section 2917.02,                  

2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender   3,387        

who is under detention at a detention facility commits a felony                 

violation of section 2923.131 of the Revised Code, or if an        3,388        

offender who is an inmate in a jail, prison, or other residential  3,389        

                                                          86     

                                                                 
detention facility or is under detention at a detention facility   3,390        

commits another felony while the offender is an escapee in         3,392        

violation of section 2921.34 of the Revised Code, any prison term  3,394        

imposed upon the offender for one of those violations shall be     3,395        

served by the offender consecutively to the prison term or term                 

of imprisonment the offender was serving when the offender         3,397        

committed that offense and to any other prison term previously or  3,398        

subsequently imposed upon the offender.  As used in this                        

division, "detention" and "detention facility" have the same       3,399        

meanings as in section 2921.01 of the Revised Code.                3,400        

      (3)  If multiple prison terms are imposed on an offender     3,402        

for convictions of multiple offenses, the court may require the    3,403        

offender to serve the prison terms consecutively if the court      3,404        

finds that the consecutive service is necessary to protect the     3,405        

public from future crime or to punish the offender and that        3,406        

consecutive sentences are not disproportionate to the seriousness  3,407        

of the offender's conduct and to the danger the offender poses to  3,409        

the public, and if the court also finds any of the following:      3,410        

      (a)  The offender committed the multiple offenses while the  3,413        

offender was awaiting trial or sentencing, was under a sanction    3,414        

imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the    3,415        

Revised Code, or was under post-release control for a prior        3,416        

offense.                                                                        

      (b)  The harm caused by the multiple offenses was so great   3,419        

or unusual that no single prison term for any of the offenses      3,420        

committed as part of a single course of conduct adequately         3,421        

reflects the seriousness of the offender's conduct.                             

      (c)  The offender's history of criminal conduct              3,423        

demonstrates that consecutive sentences are necessary to protect   3,424        

the public from future crime by the offender.                      3,425        

      (4)  When consecutive prison terms are imposed pursuant to   3,428        

division (E)(1), (2), or (3) of this section, the term to be       3,429        

served is the aggregate of all of the terms so imposed.                         

      (F)  If a court imposes a prison term of a type described    3,432        

                                                          87     

                                                                 
in division (B) of section 2967.28 of the Revised Code, it shall   3,433        

include in the sentence a requirement that the offender be         3,434        

subject to a period of post-release control after the offender's   3,435        

release from imprisonment, in accordance with that division.  If   3,436        

a court imposes a prison term of a type described in division (C)  3,437        

of that section, it shall include in the sentence a requirement    3,438        

that the offender be subject to a period of post-release control   3,439        

after the offender's release from imprisonment, in accordance      3,440        

with that division, if the parole board determines that a period   3,441        

of post-release control is necessary.                              3,442        

      (G)  If a person is convicted of or pleads guilty to a       3,444        

sexually violent offense and also is convicted of or pleads        3,445        

guilty to a sexually violent predator specification that was       3,446        

included in the indictment, count in the indictment, or            3,447        

information charging that offense, the court shall impose                       

sentence upon the offender in accordance with section 2971.03 of   3,448        

the Revised Code, and Chapter 2971. of the Revised Code applies    3,449        

regarding the prison term or term of life imprisonment without     3,450        

parole imposed upon the offender and the service of that term of   3,451        

imprisonment.                                                                   

      (H)  IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO  3,453        

A FELONY, OTHER THAN A VIOLATION OF SECTION 2923.42 OF THE         3,454        

REVISED CODE, ALSO IS CONVICTED OF OR PLEADS GUILTY TO A           3,455        

SPECIFICATION OF THE TYPE DESCRIBED IN DIVISION (A) OF SECTION     3,456        

2941.142 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH        3,457        

HAVING COMMITTED THE FELONY WHILE PARTICIPATING IN A CRIMINAL      3,458        

GANG, THE COURT SHALL IMPOSE UPON THE OFFENDER THE PENALTY         3,460        

PRESCRIBED FOR A FELONY OF THE NEXT HIGHER DEGREE THAN THE FELONY  3,461        

OTHER THAN A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.                  

      Sec. 2929.21.  (A)  Except as provided in division (G) of    3,471        

this section or in section 2929.23 of the Revised Code, whoever    3,473        

is convicted of or pleads guilty to a misdemeanor other than a     3,474        

minor misdemeanor shall be imprisoned for a definite term or       3,475        

fined, or both, which term of imprisonment and fine shall be       3,476        

                                                          88     

                                                                 
fixed by the court as provided in this section.                                 

      Whoever is convicted of or pleads guilty to committing,      3,478        

attempting to commit, or complicity in committing a violation of   3,479        

section 2909.03 of the Revised Code that is a misdemeanor, or a    3,480        

violation of division (A)(2) of section 2909.06 of the Revised     3,481        

Code when the means used are fire or explosion, shall be required  3,482        

to reimburse agencies for their investigation or prosecution       3,483        

costs in accordance with section 2929.28 of the Revised Code.      3,484        

      (B)  Except as provided in division (G) of this section,     3,487        

terms of imprisonment for A misdemeanor shall be imposed as                     

follows:                                                           3,488        

      (1)  For a misdemeanor of the first degree, not more than    3,490        

six months;                                                        3,491        

      (2)  For a misdemeanor of the second degree, not more than   3,493        

ninety days;                                                       3,494        

      (3)  For a misdemeanor of the third degree, not more than    3,496        

sixty days;                                                        3,497        

      (4)  For a misdemeanor of the fourth degree, not more than   3,499        

thirty days.                                                       3,500        

      (C)  Fines for A misdemeanor shall be imposed as follows:    3,502        

      (1)  For a misdemeanor of the first degree, not more than    3,504        

one thousand dollars;                                              3,505        

      (2)  For a misdemeanor of the second degree, not more than   3,507        

seven hundred fifty dollars;                                       3,508        

      (3)  For a misdemeanor of the third degree, not more than    3,510        

five hundred dollars;                                              3,511        

      (4)  For a misdemeanor of the fourth degree, not more than   3,513        

two hundred fifty dollars.                                         3,514        

      (D)  Whoever is convicted of or pleads guilty to a minor     3,516        

misdemeanor shall be fined not more than one hundred dollars.      3,517        

      (E)  The court may require a person who is convicted of or   3,519        

pleads guilty to a misdemeanor to make restitution for all or      3,520        

part of the property damage that is caused by the offense and for  3,522        

all or part of the value of the property that is the subject of                 

                                                          89     

                                                                 
any theft offense, as defined in division (K) of section 2913.01   3,523        

of the Revised Code, that the person committed.  If the court      3,524        

determines that the victim of the offense was sixty-five years of  3,525        

age or older or permanently or totally disabled at the time of     3,526        

the commission of the offense, the court, regardless of whether    3,527        

the offender knew the age of victim, shall consider this fact in   3,528        

favor of imposing restitution, but this fact shall not control     3,529        

the decision of the court.                                         3,530        

      (F)  If a person is sentenced to a term of imprisonment      3,532        

pursuant to this section and the term of imprisonment is to be     3,533        

served in a county jail in a county that has established a county  3,534        

jail industry program pursuant to section 5147.30 of the Revised   3,535        

Code, the court shall specify, as part of the sentence, whether    3,536        

the person may be considered by the county sheriff of that county  3,537        

for participation in the county jail industry program.  The court  3,538        

shall retain jurisdiction to modify its specification made         3,539        

pursuant to this division during the person's term of              3,540        

imprisonment upon a reassessment of the person's qualifications    3,541        

for participation in the program.                                  3,542        

      (G)  If an offender is being sentenced for a sexually        3,545        

oriented offense that is a misdemeanor committed on or after the   3,546        

effective date of this amendment and if the judge imposing         3,547        

sentence for the sexually oriented offense determines pursuant to  3,548        

division (B) of section 2950.09 of the Revised Code that the       3,550        

offender is a sexual predator, the judge shall include in the      3,551        

offender's sentence a statement that the offender has been         3,552        

adjudicated as being a sexual predator, shall comply with the                   

requirements of section 2950.03 of the Revised Code, and shall     3,554        

require the offender to submit to a DNA specimen collection        3,555        

procedure pursuant to section 2901.07 of the Revised Code.         3,556        

      (H)  Before imposing sentence on an offender who is being    3,558        

sentenced for a sexually oriented offense that is a misdemeanor    3,559        

committed on or after the effective date of this amendment, the    3,560        

judge shall conduct a hearing in accordance with division (B) of   3,561        

                                                          90     

                                                                 
section 2950.09 of the Revised Code to determine whether the       3,562        

offender is a sexual predator.  Before imposing sentence on an     3,563        

offender who is being sentenced for a sexually oriented offense,   3,564        

the court also shall comply with division (E) of section 2950.09   3,565        

of the Revised Code.                                               3,566        

      (I)  If an offender is being sentenced for a sexually        3,569        

oriented offense that is a misdemeanor committed on or after the   3,570        

effective date of this amendment, the judge shall include in the                

sentence a summary of the offender's duty to register pursuant to  3,571        

section 2950.04 of the Revised Code, the offender's duty to        3,573        

provide notice of a change in residence address and register the   3,574        

new residence address pursuant to section 2950.05 of the Revised   3,575        

Code, the offender's duty to periodically verify the offender's    3,576        

current residence address pursuant to section 2950.06 of the       3,577        

Revised Code, and the duration of the duties.  The judge shall     3,579        

inform the offender, at the time of sentencing, of those duties    3,580        

and of their duration and, if required under division (A)(2) of    3,581        

section 2950.03 of the Revised Code, shall perform the duties      3,582        

specified in that section.                                         3,583        

      (J)  IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO  3,585        

AN OFFENSE OF VIOLENCE THAT IS A MISDEMEANOR OR TO A MISDEMEANOR   3,586        

OFFENSE LISTED IN DIVISION (B)(1)(c) OF SECTION 2923.41 OF THE     3,588        

REVISED CODE ALSO IS CONVICTED OF OR PLEADS GUILTY TO A            3,589        

SPECIFICATION OF THE TYPE DESCRIBED IN DIVISION (B) OF SECTION                  

2941.142 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH        3,590        

HAVING COMMITTED THE MISDEMEANOR WHILE PARTICIPATING IN A          3,591        

CRIMINAL GANG, THE COURT SHALL IMPOSE UPON THE OFFENDER THE        3,593        

PENALTY PRESCRIBED FOR A MISDEMEANOR OF THE NEXT HIGHER DEGREE OR  3,594        

FOR A FELONY THAT IS THE NEXT HIGHER DEGREE THAN THE MISDEMEANOR   3,595        

FOR WHICH SENTENCE IS BEING IMPOSED.                                            

      Sec. 2933.41.  (A)(1)  Any property, other than contraband   3,605        

that is subject to the provisions of section 2933.43 of the        3,606        

Revised Code, other than property that is subject to section       3,607        

3719.141 of the Revised Code, other than property that is          3,608        

                                                          91     

                                                                 
forfeited under sections 2923.45 TO 2923.48 OR 2925.41 to 2925.45  3,609        

of the Revised Code, other than a vehicle that is criminally       3,611        

forfeited under an order issued under section 4503.233 or          3,612        

4503.234 of the Revised Code and that is to be disposed of under   3,613        

section 4503.234 of the Revised Code, other than property that     3,614        

has been lawfully seized under sections 2933.71 to 2933.75 of the  3,615        

Revised Code in relation to a medicaid fraud offense, and other    3,616        

than property that has been lawfully seized in relation to a       3,617        

violation of section 2923.32 of the Revised Code, that has been    3,618        

lost, abandoned, stolen, seized pursuant to a search warrant, or   3,619        

otherwise lawfully seized or forfeited, and that is in the         3,620        

custody of a law enforcement agency, shall be kept safely pending  3,621        

the time it no longer is needed as evidence, and shall be          3,622        

disposed of pursuant to this section.  Each law enforcement        3,623        

agency that has custody of any property that is subject to this    3,624        

section shall adopt a written internal control policy that         3,625        

addresses the keeping of detailed records as to the amount of      3,626        

property taken in by the agency, that addresses the agency's       3,627        

disposition of the property under this section, that provides for  3,628        

the keeping of detailed records of the disposition of the          3,629        

property, and that provides for the keeping of detailed financial  3,630        

records of the amount and disposition of any proceeds of a sale    3,631        

of the property under division (D)(8) of this section and of the   3,632        

general types of expenditures made out of the proceeds retained    3,633        

by the agency and the specific amount expended on each general     3,634        

type of expenditure.  The policy shall not provide for or permit   3,635        

the identification of any specific expenditure that is made in an  3,636        

ongoing investigation.  The policy is a public record open for     3,637        

inspection under section 149.43 of the Revised Code.               3,638        

      (2)(a)  Every law enforcement agency that has any lost,      3,640        

abandoned, stolen, seized, or forfeited property as described in   3,641        

division (A)(1) of this section in its custody shall comply with   3,642        

its written internal control policy adopted under that division    3,643        

relative to the property.  Each agency that has any such property  3,644        

                                                          92     

                                                                 
in its custody, except for property to be disposed of under        3,645        

division (D)(4) of this section, shall maintain an accurate        3,646        

record, in accordance with its written internal control policy,    3,647        

of each item of the property.  The record shall include the date   3,648        

on which each item of property came into the agency's custody,     3,649        

the manner in which it was disposed of, the date of its            3,650        

disposition, the name of the person who received the property if   3,651        

it was not destroyed, and all other information required by the    3,652        

agency's written internal control policy; however, the record      3,653        

shall not identify or enable the identification of the individual  3,654        

officer who seized any item of property.  The record of any        3,655        

property that no longer is needed as evidence, and all financial   3,656        

records of the amount and disposition of any proceeds of a sale    3,657        

under division (D)(8) of this section and of the general types of  3,658        

expenditures made out of the proceeds retained by the agency and   3,659        

the specific amount of each general type of expenditure, shall be  3,660        

open to public inspection during the agency's regular business     3,661        

hours.                                                             3,662        

      Each law enforcement agency that, during any calendar year,  3,664        

has any seized or forfeited property as described in division      3,665        

(A)(1) of this section in its custody shall prepare a report       3,666        

covering the calendar year that cumulates all of the information   3,667        

contained in all of the records kept by the agency pursuant to     3,668        

this division for that calendar year and shall send a copy of the  3,670        

cumulative report, no later than the first day of March in the     3,671        

calendar year following the calendar year covered by the report,   3,672        

to the attorney general.  Each report received by the attorney     3,673        

general is a public record open for inspection under section       3,674        

149.43 of the Revised Code.  The attorney general shall make       3,675        

copies of each report received and, no later than the fifteenth    3,676        

day of April in the calendar year in which the report is           3,677        

received, shall send a copy of it to the president of the senate   3,678        

and the speaker of the house of representatives.                                

      (b)  Each law enforcement agency that receives in any        3,680        

                                                          93     

                                                                 
calendar year any proceeds of a sale under division (D)(8) of      3,681        

this section shall prepare a report covering the calendar year     3,682        

that cumulates all of the information contained in all of the      3,683        

public financial records kept by the agency pursuant to division   3,684        

(D)(2)(a) of this section for that calendar year and shall send a  3,686        

copy of the cumulative report, no later than the first day of                   

March in the calendar year following the calendar year covered by  3,687        

the report, to the attorney general.  Each report received by the  3,688        

attorney general is a public record open for inspection under      3,689        

section 149.43 of the Revised Code.  The attorney general shall    3,690        

make copies of each report received and, no later than the         3,691        

fifteenth day of April in the calendar year in which the report    3,692        

is received, shall send a copy of it to the president of the       3,693        

senate and the speaker of the house of representatives.            3,694        

      (B)  A law enforcement agency that has property in its       3,696        

possession that is required to be disposed of pursuant to this     3,697        

section shall make a reasonable effort to locate the persons       3,698        

entitled to possession of the property in its custody, to notify   3,699        

them of when and where it may be claimed, and to return the        3,700        

property to them at the earliest possible time.  In the absence    3,701        

of evidence identifying persons entitled to possession, it is      3,702        

sufficient notice to advertise in a newspaper of general           3,703        

circulation in the county, briefly describing the nature of the    3,704        

property in custody and inviting persons to view and establish     3,705        

their right to it.                                                 3,706        

      (C)  A person loses any right that the person may have to    3,708        

the possession, or the possession and ownership, of property if    3,709        

any of the following applies:                                      3,710        

      (1)  The property was the subject, or was used in a          3,712        

conspiracy or attempt to commit, or in the commission, of an       3,713        

offense other than a traffic offense, and the person is a          3,714        

conspirator, accomplice, or offender with respect to the offense.  3,715        

      (2)  A court determines that the property should be          3,717        

forfeited because, in light of the nature of the property or the   3,718        

                                                          94     

                                                                 
circumstances of the person, it is unlawful for the person to      3,719        

acquire or possess the property.                                   3,720        

      (D)  Unclaimed or forfeited property in the custody of a     3,722        

law enforcement agency, other than contraband that is subject to   3,723        

the provisions of section 2933.43 of the Revised Code, other than  3,724        

property forfeited under sections 2923.45 TO 2923.48 OR 2925.41    3,725        

to 2925.45 of the Revised Code, and other than property that has   3,727        

been lawfully seized in relation to a violation of section         3,728        

2923.32 of the Revised Code, shall be disposed of on application   3,729        

to and order of any court of record that has territorial           3,730        

jurisdiction over the political subdivision in which the law       3,731        

enforcement agency has jurisdiction to engage in law enforcement   3,732        

activities, as follows:                                                         

      (1)  Drugs shall be disposed of pursuant to section 3719.11  3,734        

of the Revised Code or placed in the custody of the secretary of   3,735        

the treasury of the United States for disposal or use for medical  3,736        

or scientific purposes under applicable federal law.               3,737        

      (2)  Firearms and dangerous ordnance suitable for police     3,739        

work may be given to a law enforcement agency for that purpose.    3,740        

Firearms suitable for sporting use, or as museum pieces or         3,741        

collectors' items, may be sold at public auction pursuant to       3,742        

division (D)(8) of this section.  Other firearms and dangerous     3,743        

ordnance shall be destroyed by the agency or shall be sent to the  3,744        

bureau of criminal identification and investigation for            3,745        

destruction by the bureau.                                         3,746        

      (3)  Obscene materials shall be destroyed.                   3,748        

      (4)  Beer, intoxicating liquor, or alcohol seized from a     3,750        

person who is not the holder of a permit issued under Chapters     3,751        

4301. and 4303. of the Revised Code or is an offender and          3,752        

forfeited to the state under section 4301.45 or 4301.53 of the     3,753        

Revised Code shall be sold by the division of liquor control, if   3,755        

the division determines that the beer, intoxicating liquor, or     3,756        

alcohol is fit for sale.  If any tax imposed under Title XLIII of  3,757        

the Revised Code has not been paid in relation to the beer,                     

                                                          95     

                                                                 
intoxicating liquor, or alcohol, the proceeds of the sale shall    3,758        

first be used to pay the tax.  All other money collected under     3,759        

division (D)(4) of this section shall be paid into the state       3,760        

treasury.  Any such beer, intoxicating liquor, or alcohol that     3,761        

the division determines to be unfit for sale shall be destroyed.   3,763        

      (5)  Money received by an inmate of a correctional           3,765        

institution from an unauthorized source or in an unauthorized      3,766        

manner shall be returned to the sender, if known, or deposited in  3,767        

the inmates' industrial and entertainment fund if the sender is    3,768        

not known.                                                         3,769        

      (6)  Vehicles and vehicle parts forfeited under sections     3,771        

4549.61 to 4549.63 of the Revised Code may be given to a law       3,772        

enforcement agency for use in the performance of its duties.       3,773        

Those parts may be incorporated into any other official vehicle.   3,774        

Parts that do not bear vehicle identification numbers or           3,775        

derivatives of them may be sold or disposed of as provided by      3,776        

rules of the director of public safety.  Parts from which a        3,777        

vehicle identification number or derivative of it has been         3,778        

removed, defaced, covered, altered, or destroyed and that are not  3,779        

suitable for police work or incorporation into an official         3,780        

vehicle shall be destroyed and sold as junk or scrap.              3,781        

      (7)(a)  Computers, computer networks, computer systems, and  3,783        

computer software suitable for police work may be given to a law   3,784        

enforcement agency for that purpose.  Other computers, computer    3,785        

networks, computer systems, and computer software shall be         3,786        

disposed of pursuant to division (D)(8) of this section.           3,787        

      (b)  As used in this section, "computers," "computer         3,789        

networks," "computer systems," and "computer software" have the    3,790        

same meanings as in section 2913.01 of the Revised Code.           3,791        

      (8)  Other unclaimed or forfeited property, with the         3,793        

approval of the court, may be used by the law enforcement agency   3,794        

that has possession of it.  If the other unclaimed or forfeited    3,795        

property is not used by the law enforcement agency, it may be      3,796        

sold, without appraisal, at a public auction to the highest        3,797        

                                                          96     

                                                                 
bidder for cash, or, in the case of other unclaimed or forfeited   3,798        

moneys, disposed of in another manner that the court considers     3,799        

proper in the circumstances.                                       3,800        

      (E)(1)(a)  If the property was in the possession of the law  3,803        

enforcement agency in relation to a delinquent child proceeding    3,804        

in a juvenile court, ten per cent of the proceeds from property    3,805        

disposed of pursuant to this section shall be applied to one or    3,806        

more alcohol and drug addiction treatment programs that are        3,807        

certified by the department of alcohol and drug addiction                       

services under section 3793.06 of the Revised Code and that are    3,809        

specified by the court in its order issued under division (D) of   3,810        

this section.  A juvenile court shall not specify an alcohol or    3,812        

drug addiction treatment program in the order unless the program   3,814        

is a certified alcohol and drug addiction treatment program and,   3,815        

except as provided in division (E)(1)(a) of this section, unless   3,816        

the program is located in the county in which the court that       3,818        

issues the orders is located or in a contiguous county.  If no     3,819        

certified alcohol and drug addiction treatment program is located  3,820        

in any of those counties, the juvenile court may specify in the                 

order a certified alcohol and drug addiction treatment program     3,823        

located anywhere within this state.  The remaining ninety per      3,824        

cent of the proceeds shall be applied as provided in divisions     3,825        

(E)(1)(b) of this section.                                         3,826        

      If the property was in the possession of the law             3,828        

enforcement agency other than in relation to a delinquent child    3,829        

proceeding in a juvenile court, all of the proceeds from property  3,830        

disposed of pursuant to this section shall be applied as provided  3,831        

in division (E)(1)(b) of this section.                             3,832        

      (b)  Except as provided in divisions (D)(4), (5), and        3,834        

(E)(2) of this section and after compliance with division          3,835        

(E)(1)(a) of this section when that division is applicable, the    3,837        

proceeds from property disposed of pursuant to this section shall  3,839        

be placed in the general fund of the state, the county, the        3,840        

township, or the municipal corporation, of which the law           3,841        

                                                          97     

                                                                 
enforcement agency involved is an agency.                          3,842        

      (2)  Each board of county commissioners that recognizes a    3,844        

citizens' reward program as provided in section 9.92 of the        3,845        

Revised Code shall notify each law enforcement agency of that      3,846        

county and each law enforcement agency of a township or municipal  3,847        

corporation wholly located in that county of the official          3,848        

recognition of the citizens' reward program by filing a copy of    3,849        

its resolution conferring that recognition with each of those law  3,851        

enforcement agencies.  When the board of county commissioners of   3,852        

a county recognizes a citizens' reward program and the county      3,853        

includes a part, but not all, of the territory of a municipal      3,854        

corporation, the board shall so notify the law enforcement agency  3,855        

of that municipal corporation of the official recognition of the   3,856        

citizens' reward program only if the county contains the highest   3,857        

percentage of the municipal corporation's population.  Upon        3,858        

receipt of a notice of that nature, each law enforcement agency    3,860        

shall pay twenty-five per cent of the proceeds from each sale of   3,861        

property disposed of pursuant to this section to the citizens'     3,862        

reward program for use exclusively for the payment of rewards.     3,863        

No part of those funds may be used to pay for the administrative   3,864        

expenses or any other expenses associated with a citizens' reward  3,865        

program.  If a citizens' reward program that operates in more      3,866        

than one county or in another state or states in addition to this  3,867        

state receives funds pursuant to this section, the funds shall be  3,868        

used to pay rewards only for tips and information to law           3,869        

enforcement agencies concerning felonies, offenses of violence,    3,870        

or misdemeanors that have been committed in the county from which  3,871        

the funds were received.                                           3,872        

      (F)  This section does not apply to the collection,          3,874        

storage, or disposal of abandoned junk motor vehicles.  This       3,875        

section shall not be construed to rescind or restrict the          3,876        

authority of a municipal law enforcement agency to keep and        3,877        

dispose of lost, abandoned, stolen, seized, or forfeited property  3,878        

under an ordinance of the municipal corporation, provided that,    3,879        

                                                          98     

                                                                 
when a municipal corporation that has received notice as provided  3,880        

in division (E)(2) of this section disposes of property under      3,881        

such an ordinance, it shall pay twenty-five per cent of the        3,882        

proceeds from any sale or auction to the citizens' reward program  3,883        

as provided under that division.                                   3,884        

      (G)  The receipt of funds by a citizens' reward program      3,886        

pursuant to division (E) of this section does not make it a        3,887        

governmental unit for purposes of section 149.43 of the Revised    3,888        

Code and does not subject it to the disclosure provisions of that  3,889        

section.                                                           3,890        

      (H)  For purposes of this section, "law enforcement agency"  3,892        

includes correctional institutions.  As used in this section,      3,893        

"citizens' reward program" has the same meaning as in section      3,894        

9.92 of the Revised Code.                                          3,895        

      Sec. 2933.43.  (A)(1)  Except as provided in this division   3,904        

or sections 2923.45 TO 2923.48 OR 2925.41 to 2925.45 of the        3,906        

Revised Code, a law enforcement officer shall seize any            3,907        

contraband that has been, is being, or is intended to be used in   3,908        

violation of division (A) of section 2933.42 of the Revised Code.  3,909        

A law enforcement officer shall seize contraband that is a         3,910        

watercraft, motor vehicle, or aircraft and that has been, is       3,911        

being, or is intended to be used in violation of division (A) of   3,912        

section 2933.42 of the Revised Code only if the watercraft, motor  3,913        

vehicle, or aircraft is contraband because of its relationship to  3,914        

an underlying criminal offense that is a felony.                   3,915        

      Additionally, a law enforcement officer shall seize any      3,917        

watercraft, motor vehicle, aircraft, or other personal property    3,918        

that is classified as contraband under division (B) of section     3,919        

2933.42 of the Revised Code if the underlying offense involved in  3,920        

the violation of division (A) of that section that resulted in     3,921        

the watercraft, motor vehicle, aircraft, or personal property      3,922        

being classified as contraband, is a felony.                       3,923        

      (2)  If a law enforcement officer seizes property that is    3,925        

titled or registered under law, including a motor vehicle,         3,926        

                                                          99     

                                                                 
pursuant to division (A)(1) of this section, the officer or the    3,927        

officer's employing law enforcement agency shall notify the owner  3,928        

of the seizure.  The notification shall be given to the owner at   3,929        

the owner's last known address within seventy-two hours after the  3,930        

seizure, and may be given orally by any means, including           3,931        

telephone, or by certified mail, return receipt requested.         3,932        

      If the officer or the officer's agency is unable to provide  3,934        

the notice required by this division despite reasonable, good      3,935        

faith efforts to do so, the exercise of the reasonable, good       3,936        

faith efforts constitutes fulfillment of the notice requirement    3,937        

imposed by this division.                                          3,938        

      (B)(1)  A motor vehicle seized pursuant to division (A)(1)   3,940        

of this section and the contents of the vehicle may be retained    3,941        

for a reasonable period of time, not to exceed seventy-two hours,  3,942        

for the purpose of inspection, investigation, and the gathering    3,943        

of evidence of any offense or illegal use.                         3,944        

      At any time prior to the expiration of the seventy-two-hour  3,946        

period, the law enforcement agency that seized the motor vehicle   3,947        

may petition the court of common pleas of the county that has      3,948        

jurisdiction over the underlying criminal case or administrative   3,949        

proceeding involved in the forfeiture for an extension of the      3,950        

seventy-two-hour period if the motor vehicle or its contents are   3,951        

needed as evidence or if additional time is needed for the         3,952        

inspection, investigation, or gathering of evidence.  Upon the     3,953        

filing of such a petition, the court immediately shall schedule a  3,954        

hearing to be held at a time as soon as possible after the         3,955        

filing, but in no event at a time later than the end of the next   3,956        

business day subsequent to the day on which the petition was       3,957        

filed, and upon scheduling the hearing, immediately shall notify   3,958        

the owner of the vehicle, at the address at which notification of  3,959        

the seizure was provided under division (A) of this section, of    3,960        

the date, time, and place of the hearing.  If the court, at the    3,961        

hearing, determines that the vehicle or its contents, or both,     3,962        

are needed as evidence or that additional time is needed for the   3,963        

                                                          100    

                                                                 
inspection, investigation, or gathering of evidence, the court     3,964        

may grant the petition and issue an order authorizing the          3,965        

retention of the vehicle or its contents, or both, for an          3,966        

extended period as specified by the court in its order.  An order  3,967        

extending a period of retention issued under this division may be  3,968        

renewed.                                                           3,969        

      If no petition for the extension of the initial              3,971        

seventy-two-hour period has been filed, prior to the expiration    3,972        

of that period, under this division, if the vehicle was not in     3,973        

the custody and control of the owner at the time of its seizure,   3,974        

and if, at the end of that seventy-two-hour period, the owner of   3,975        

the vehicle has not been charged with an offense or                3,976        

administrative violation that includes the use of the vehicle as   3,977        

an element and has not been charged with any other offense or      3,978        

administrative violation in the actual commission of which the     3,979        

motor vehicle was used, the vehicle and its contents shall be      3,980        

released to its owner or the owner's agent, provided that the law  3,981        

enforcement agency that seized the vehicle may require proof of    3,982        

ownership of the vehicle, proof of ownership or legal possession   3,983        

of the contents, and an affidavit of the owner that the owner      3,984        

neither knew of nor expressly or impliedly consented to the use    3,985        

of the vehicle that resulted in its forfeiture as conditions       3,986        

precedent to release.  If a petition for the extension of the      3,987        

initial seventy-two-hour period has been filed, prior to the       3,988        

expiration of that period, under this division but the court does  3,989        

not grant the petition, if the vehicle was not in the custody and  3,990        

control of the owner at the time of its seizure, and if, at the    3,991        

end of that seventy-two-hour period, the owner of the vehicle has  3,992        

not been charged with an offense or administrative violation that  3,993        

includes the use of the vehicle as an element and has not been     3,994        

charged with any other offense or administrative violation in the  3,995        

actual commission of which the motor vehicle was used, the         3,996        

vehicle and its contents shall be released to its owner or the     3,997        

owner's agent, provided that the court may require the proof and   3,998        

                                                          101    

                                                                 
affidavit described in the preceding sentence as conditions        3,999        

precedent to release.  If the initial seventy-two-hour period has  4,000        

been extended under this division, the vehicle and its contents    4,001        

to which the extension applies may be retained in accordance with  4,002        

the extension order.  If, at the end of that extended period, the  4,003        

owner of the vehicle has not been charged with an offense or       4,004        

administrative violation that includes the use of the vehicle as   4,005        

an element and has not been charged with any other offense or      4,006        

administrative violation in the actual commission of which the     4,007        

motor vehicle was used, and if the vehicle was not in the custody  4,008        

and control of the owner at the time of its seizure, the vehicle   4,009        

and its contents shall be released to its owner or the owner's     4,010        

agent, provided that the court may require the proof and           4,011        

affidavit described in the third preceding sentence as conditions  4,012        

precedent to release.  In cases in which the court may require     4,013        

proof and affidavits as conditions precedent to release, the       4,014        

court also may require the posting of a bond, with sufficient      4,015        

sureties approved by the court, in an amount equal to the value    4,016        

of the property to be released, as determined by the court, and    4,017        

conditioned upon the return of the property to the court if it is  4,018        

forfeited under this section, as a further condition to release.   4,019        

If, at the end of the initial seventy-two-hour period or at the    4,020        

end of any extended period granted under this section, the owner   4,021        

has been charged with an offense or administrative violation that  4,022        

includes the use of the vehicle as an element or has been charged  4,023        

with another offense or administrative violation in the actual     4,024        

commission of which the motor vehicle was used, or if the vehicle  4,025        

was in the custody and control of the owner at the time of its     4,026        

seizure, the vehicle and its contents shall be retained pending    4,027        

disposition of the charge, provided that upon the filing of a      4,028        

motion for release by the owner, if the court determines that the  4,029        

motor vehicle or its contents, or both, are not needed as          4,030        

evidence in the underlying criminal case or administrative         4,031        

proceeding, the court may permit the release of the property that  4,032        

                                                          102    

                                                                 
is not needed as evidence to the owner; as a condition precedent   4,033        

to a release of that nature, the court may require the owner to    4,034        

execute a bond with the court.  Any bond so required shall be in   4,035        

an amount equal to the value of the property to be released, as    4,036        

determined by the court, shall have sufficient sureties approved   4,037        

by the court, and shall be conditioned upon the return of the      4,038        

property to the court to which it is forfeited under this          4,039        

section.                                                                        

      The final disposition of a motor vehicle seized pursuant to  4,041        

division (A)(1) of this section shall be determined in accordance  4,042        

with division (C) of this section.                                 4,043        

      (2)  Pending a hearing pursuant to division (C) of this      4,045        

section, and subject to divisions (B)(1) and (C) of this section,  4,046        

any property lawfully seized pursuant to division (A) of this      4,047        

section because it was contraband of a type described in division  4,048        

(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section        4,050        

2901.01 of the Revised Code shall not be subject to replevin or    4,051        

other action in any court and shall not be subject to release      4,052        

upon request of the owner, and no judgment shall be enforced       4,053        

against the property.  Pending the hearing, and subject to         4,054        

divisions (B)(1) and (C) of this section, the property shall be    4,055        

kept in the custody of the law enforcement agency responsible for  4,056        

its seizure.                                                       4,057        

      Pending a hearing pursuant to division (C) of this section,  4,059        

and notwithstanding any provisions of division (B)(1) or (C) of    4,060        

this section to the contrary, any property lawfully seized         4,061        

pursuant to division (A) of this section because it was            4,062        

contraband of a type described in division (A)(13)(a) or (c) of    4,064        

section 2901.01 of the Revised Code shall not be subject to        4,065        

replevin or other action in any court and shall not be subject to  4,066        

release upon request of the owner, and no judgment shall be                     

enforced against the property.  Pending the hearing, and           4,067        

notwithstanding any provisions of division (B)(1) or (C) of this   4,068        

section to the contrary, the property shall be kept in the         4,069        

                                                          103    

                                                                 
custody of the law enforcement agency responsible for its          4,070        

seizure.                                                           4,071        

      A law enforcement agency that seizes property under          4,073        

division (A) of this section because it was contraband of any      4,074        

type described in division (A)(13) of section 2901.01 or division  4,076        

(B) of section 2933.42 of the Revised Code shall maintain an                    

accurate record of each item of property so seized, which record   4,077        

shall include the date on which each item was seized, the manner   4,078        

and date of its disposition, and if applicable, the name of the    4,079        

person who received the item; however, the record shall not        4,080        

identify or enable the identification of the individual officer    4,081        

who seized the item.  The record of property of that nature that   4,082        

no longer is needed as evidence shall be open to public            4,083        

inspection during the agency's regular business hours.  Each law   4,084        

enforcement agency that, during any calendar year, seizes          4,085        

property under division (A) of this section because it was         4,086        

contraband shall prepare a report covering the calendar year that  4,087        

cumulates all of the information contained in all of the records   4,088        

kept by the agency pursuant to this division for that calendar     4,089        

year, and shall send a copy of the cumulative report, no later     4,090        

than the first day of March in the calendar year following the     4,091        

calendar year covered by the report, to the attorney general.      4,092        

Each report received by the attorney general is a public record    4,093        

open for inspection under section 149.43 of the Revised Code.      4,094        

The attorney general shall make copies of each report received,    4,095        

and, no later than the fifteenth day of April in the calendar      4,096        

year in which the report is received, shall send a copy of it to   4,097        

the president of the senate and the speaker of the house of        4,098        

representatives.                                                   4,099        

      (C)  The prosecuting attorney, village solicitor, city       4,101        

director of law, or similar chief legal officer who has            4,102        

responsibility for the prosecution of the underlying criminal      4,103        

case or administrative proceeding, or the attorney general if the  4,104        

attorney general has that responsibility, shall file a petition    4,105        

                                                          104    

                                                                 
for the forfeiture, to the seizing law enforcement agency of the   4,106        

contraband seized pursuant to division (A) of this section.  The   4,107        

petition shall be filed in the court that has jurisdiction over    4,108        

the underlying criminal case or administrative proceeding          4,109        

involved in the forfeiture.  If the property was seized on the     4,110        

basis of both a criminal violation and an administrative           4,111        

regulation violation, the petition shall be filed by the officer   4,112        

and in the court that is appropriate in relation to the criminal   4,113        

case.                                                              4,114        

      The petitioner shall conduct or cause to be conducted a      4,116        

search of the appropriate public records that relate to the        4,117        

seized property for the purpose of determining, and shall make or  4,118        

cause to be made reasonably diligent inquiries for the purpose of  4,119        

determining, any person having an ownership or security interest   4,120        

in the property.  The petitioner then shall give notice of the     4,121        

forfeiture proceedings by personal service or by certified mail,   4,122        

return receipt requested, to any persons known, because of the     4,123        

conduct of the search, the making of the inquiries, or otherwise,  4,124        

to have an ownership or security interest in the property, and     4,125        

shall publish notice of the proceedings once each week for two     4,126        

consecutive weeks in a newspaper of general circulation in the     4,127        

county in which the seizure occurred.  The notices shall be        4,128        

personally served, mailed, and first published at least four       4,129        

weeks before the hearing.  They shall describe the property        4,130        

seized; state the date and place of seizure; name the law          4,131        

enforcement agency that seized the property and, if applicable,    4,132        

that is holding the property; list the time, date, and place of    4,133        

the hearing; and state that any person having an ownership or      4,134        

security interest in the property may contest the forfeiture.      4,135        

      If the property seized was determined by the seizing law     4,137        

enforcement officer to be contraband because of its relationship   4,138        

to an underlying criminal offense or administrative violation, no  4,139        

forfeiture hearing shall be held under this section unless the     4,140        

person pleads guilty to or is convicted of the commission of, or   4,141        

                                                          105    

                                                                 
an attempt or conspiracy to commit, the offense or a different     4,142        

offense arising out of the same facts and circumstances or unless  4,143        

the person admits or is adjudicated to have committed the          4,144        

administrative violation or a different violation arising out of   4,145        

the same facts and circumstances; a forfeiture hearing shall be    4,146        

held in a case of that nature no later than forty-five days after  4,147        

the conviction or the admission or adjudication of the violation,  4,148        

unless the time for the hearing is extended by the court for good  4,149        

cause shown.  The owner of any property seized because of its      4,150        

relationship to an underlying criminal offense or administrative   4,151        

violation may request the court to release the property to the     4,152        

owner.  Upon receipt of a request of that nature, if the court     4,153        

determines that the property is not needed as evidence in the      4,154        

underlying criminal case or administrative proceeding, the court   4,155        

may permit the release of the property to the owner.  As a         4,156        

condition precedent to a release of that nature, the court may     4,157        

require the owner to execute a bond with the court.  Any bond so   4,158        

required shall have sufficient sureties approved by the court,     4,159        

shall be in a sum equal to the value of the property, as           4,160        

determined by the court, and shall be conditioned upon the return  4,161        

of the property to the court if the property is forfeited under    4,162        

this section.  Any property seized because of its relationship to  4,163        

an underlying criminal offense or administrative violation shall   4,164        

be returned to its owner if charges are not filed in relation to   4,165        

that underlying offense or violation within thirty days after the  4,166        

seizure, if charges of that nature are filed and subsequently are  4,167        

dismissed, or if charges of that nature are filed and the person   4,168        

charged does not plead guilty to and is not convicted of the                    

offense or does not admit and is not found to have committed the   4,169        

violation.                                                                      

      If the property seized was determined by the seizing law     4,171        

enforcement officer to be contraband other than because of a       4,172        

relationship to an underlying criminal offense or administrative   4,173        

violation, the forfeiture hearing under this section shall be      4,174        

                                                          106    

                                                                 
held no later than forty-five days after the seizure, unless the   4,175        

time for the hearing is extended by the court for good cause       4,176        

shown.                                                             4,177        

      Where possible, a court holding a forfeiture hearing under   4,179        

this section shall follow the Rules of Civil Procedure.  When a    4,180        

hearing is conducted under this section, property shall be         4,181        

forfeited upon a showing, by a preponderance of the evidence, by   4,182        

the petitioner that the person from which the property was seized  4,183        

was in violation of division (A) of section 2933.42 of the         4,184        

Revised Code.  If that showing is made, the court shall issue an   4,185        

order of forfeiture.  If an order of forfeiture is issued in       4,186        

relation to contraband that was released to the owner or the       4,187        

owner's agent pursuant to this division or division (B)(1) of      4,188        

this section, the order shall require the owner to deliver the     4,189        

property, by a specified date, to the law enforcement agency that  4,190        

employed the law enforcement officer who made the seizure of the   4,191        

property, and the court shall deliver a copy of the order to the   4,192        

owner or send a copy of it by certified mail, return receipt       4,193        

requested, to the owner at the address to which notice of the      4,194        

seizure was given under division (A)(2) of this section.  Except   4,195        

as otherwise provided in this division, all rights, interest, and  4,196        

title to the forfeited contraband vests in the state, effective    4,197        

from the date of seizure.                                          4,198        

      No property shall be forfeited pursuant to this division if  4,200        

the owner of the property establishes, by a preponderance of the   4,201        

evidence, that the owner neither knew, nor should have known       4,202        

after a reasonable inquiry, that the property was used, or was     4,203        

likely to be used, in a crime or administrative violation.  No     4,204        

bona fide security interest shall be forfeited pursuant to this    4,205        

division if the holder of the interest establishes, by a           4,206        

preponderance of the evidence, that the holder of the interest     4,207        

neither knew, nor should have known after a reasonable inquiry,    4,209        

that the property was used, or likely to be used, in a crime or    4,210        

administrative violation, that the holder of the interest did not  4,211        

                                                          107    

                                                                 
expressly or impliedly consent to the use of the property in a     4,212        

crime or administrative violation, and that the security interest  4,213        

was perfected pursuant to law prior to the seizure.  If the        4,214        

holder of the interest satisfies the court that these              4,215        

requirements are met, the interest shall be preserved by the       4,216        

court.  In a case of that nature, the court shall either order     4,217        

that the agency to which the property is forfeited reimburse the   4,218        

holder of the interest to the extent of the preserved interest or  4,219        

order that the holder be paid for the interest from the proceeds   4,220        

of any sale pursuant to division (D) of this section.              4,221        

      (D)(1)  Contraband ordered forfeited pursuant to this        4,223        

section shall be disposed of pursuant to divisions (D)(1) to (7)   4,224        

of section 2933.41 of the Revised Code or, if the contraband is    4,225        

not described in those divisions, may be used, with the approval   4,226        

of the court, by the law enforcement agency that has custody of    4,227        

the contraband pursuant to division (D)(8) of that section.  In    4,228        

the case of contraband not described in any of those divisions     4,229        

and of contraband not disposed of pursuant to any of those         4,230        

divisions, the contraband shall be sold in accordance with this    4,231        

division or, in the case of forfeited moneys, disposed of in       4,232        

accordance with this division.  If the contraband is to be sold,   4,233        

the prosecuting attorney shall cause a notice of the proposed      4,234        

sale of the contraband to be given in accordance with law, and     4,235        

the property shall be sold, without appraisal, at a public         4,236        

auction to the highest bidder for cash.  The proceeds of a sale    4,237        

and forfeited moneys shall be applied in the following order:      4,238        

      (a)  First, to the payment of the costs incurred in          4,240        

connection with the seizure of, storage of, maintenance of, and    4,241        

provision of security for the contraband, the forfeiture           4,242        

proceeding, and, if any, the sale;                                 4,243        

      (b)  Second, the remaining proceeds or forfeited moneys      4,245        

after compliance with division (D)(1)(a) of this section, to the   4,246        

payment of the balance due on any security interest preserved      4,247        

pursuant to division (C) of this section;                          4,248        

                                                          108    

                                                                 
      (c)  Third, the remaining proceeds or forfeited moneys       4,250        

after compliance with divisions (D)(1)(a) and (b) of this          4,251        

section, as follows:                                               4,252        

      (i)  If the forfeiture was ordered in a juvenile court, ten  4,254        

per cent to one or more alcohol and drug addiction treatment       4,255        

programs that are certified by the department of alcohol and drug  4,256        

addiction services under section 3793.06 of the Revised Code and   4,257        

that are specified in the order of forfeiture.  A juvenile court   4,259        

shall not certify an alcohol or drug addiction treatment program   4,260        

in the order of forfeiture unless the program is a certified                    

alcohol and drug addiction treatment program and, except as        4,261        

provided in division (D)(1)(c)(i) of this section, unless the      4,262        

program is located in the county in which the court that orders    4,263        

the forfeiture is located or in a contiguous county.  If no        4,264        

certified alcohol and drug addiction treatment program is located  4,265        

in any of those counties, the juvenile court may specify in the    4,266        

order a certified alcohol and drug addiction treatment program                  

located anywhere within this state.                                4,267        

      (ii)  If the forfeiture was ordered in a juvenile court,     4,269        

ninety per cent, and if the forfeiture was ordered in a court      4,270        

other than a juvenile court, one hundred per cent to the law       4,271        

enforcement trust fund of the prosecuting attorney and to the law  4,273        

enforcement trust fund of the county sheriff if the county         4,274        

sheriff made the seizure, to the law enforcement trust fund of a   4,275        

municipal corporation if its police department made the seizure,   4,276        

to the law enforcement trust fund of a township if the seizure     4,277        

was made by a township police department, township police          4,278        

district police force, or office of a township constable, to the   4,279        

law enforcement trust fund of a park district created pursuant to  4,280        

section 511.18 or 1545.01 of the Revised Code if the seizure was   4,281        

made by the park district police force or law enforcement          4,282        

department, to the state highway patrol contraband, forfeiture,    4,283        

and other fund if the state highway patrol made the seizure, to    4,284        

the liquor enforcement contraband, forfeiture, and other fund if   4,285        

                                                          109    

                                                                 
the liquor enforcement unit of the department of public safety     4,286        

made the seizure, to the food stamp contraband, forfeiture, and    4,287        

other fund if the food stamp trafficking unit of the department    4,289        

of public safety made the seizure, to the board of pharmacy drug   4,290        

law enforcement fund created by division (B)(1) of section         4,291        

4729.65 of the Revised Code if the board made the seizure, or to   4,292        

the treasurer of state for deposit into the peace officer          4,293        

training commission fund if a state law enforcement agency, other  4,295        

than the state highway patrol, the department of public safety,    4,296        

or the state board of pharmacy, made the seizure.  The             4,297        

prosecuting attorney may decline to accept any of the remaining    4,298        

proceeds or forfeited moneys, and, if the prosecuting attorney so  4,299        

declines, the remaining proceeds or forfeited moneys shall be      4,300        

applied to the fund described in this division that relates to     4,301        

the law enforcement agency that made the seizure.                  4,302        

      A law enforcement trust fund shall be established by the     4,304        

prosecuting attorney of each county who intends to receive any     4,305        

remaining proceeds or forfeited moneys pursuant to this division,  4,306        

by the sheriff of each county, by the legislative authority of     4,307        

each municipal corporation, by the board of township trustees of   4,308        

each township that has a township police department, township      4,309        

police district police force, or office of the constable, and by   4,310        

the board of park commissioners of each park district created      4,311        

pursuant to section 511.18 or 1545.01 of the Revised Code that     4,312        

has a park district police force or law enforcement department,    4,313        

for the purposes of this division.  There is hereby created in     4,314        

the state treasury the state highway patrol contraband,            4,315        

forfeiture, and other fund, the liquor enforcement contraband,     4,316        

forfeiture, and other fund, the food stamp contraband,             4,317        

forfeiture, and other fund, and the peace officer training         4,318        

commission fund, for the purposes described in this division.      4,320        

      Proceeds or forfeited moneys distributed to any municipal    4,322        

corporation, township, or park district law enforcement trust      4,323        

fund shall be allocated from the fund by the legislative           4,324        

                                                          110    

                                                                 
authority only to the police department of the municipal           4,325        

corporation, by the board of township trustees only to the         4,326        

township police department, township police district police        4,327        

force, or office of the constable, and by the board of park        4,328        

commissioners only to the park district police force or law        4,329        

enforcement department.                                            4,330        

      Additionally, no proceeds or forfeited moneys shall be       4,332        

allocated to or used by the state highway patrol, the food stamp   4,333        

trafficking unit or liquor enforcement unit of the department of   4,335        

public safety, the state board of pharmacy, or a county sheriff,   4,336        

prosecuting attorney, municipal corporation police department,     4,337        

township police department, township police district police        4,338        

force, office of the constable, or park district police force or   4,339        

law enforcement department unless the state highway patrol,        4,340        

department of public safety, state board of pharmacy, sheriff,     4,341        

prosecuting attorney, municipal corporation police department,     4,342        

township police department, township police district police        4,343        

force, office of the constable, or park district police force or   4,344        

law enforcement department has adopted a written internal control  4,345        

policy under division (D)(3) of this section that addresses the    4,346        

use of moneys received from the state highway patrol contraband,   4,347        

forfeiture, and other fund, the liquor enforcement contraband,     4,348        

forfeiture, and other fund, the food stamp contraband,                          

forfeiture, and other fund, the board of pharmacy drug law         4,349        

enforcement fund, or the appropriate law enforcement trust fund.   4,350        

The state highway patrol contraband, forfeiture, and other fund,   4,351        

the liquor enforcement contraband, forfeiture, and other fund,     4,352        

the food stamp contraband, forfeiture, and other fund, and a law   4,353        

enforcement trust fund shall be expended only in accordance with   4,354        

the written internal control policy so adopted by the recipient,   4,355        

and, subject to the requirements specified in division             4,356        

(D)(3)(a)(ii) of this section, only to pay the costs of            4,357        

protracted or complex investigations or prosecutions, to provide   4,358        

reasonable technical training or expertise, to provide matching    4,359        

                                                          111    

                                                                 
funds to obtain federal grants to aid law enforcement, in the      4,360        

support of DARE programs or other programs designed to educate     4,361        

adults or children with respect to the dangers associated with     4,362        

the use of drugs of abuse, or for other law enforcement purposes   4,364        

that the superintendent of the state highway patrol, department    4,365        

of public safety, prosecuting attorney, county sheriff,            4,366        

legislative authority, board of township trustees, or board of     4,367        

park commissioners determines to be appropriate.  The board of     4,368        

pharmacy drug law enforcement fund shall be expended only in       4,369        

accordance with the written internal control policy so adopted by  4,370        

the board and only in accordance with section 4729.65 of the       4,371        

Revised Code.  The state highway patrol contraband, forfeiture,    4,372        

and other fund, the liquor enforcement contraband, seizure, and                 

other fund, the food stamp contraband, forfeiture, and other       4,373        

fund, the board of pharmacy drug law enforcement fund, and a law   4,375        

enforcement trust fund shall not be used to meet the operating     4,376        

costs of the state highway patrol, of the food stamp trafficking   4,377        

unit or liquor enforcement unit of the department of public        4,378        

safety, of the state board of pharmacy, of any political           4,379        

subdivision, or of any office of a prosecuting attorney or county  4,380        

sheriff that are unrelated to law enforcement.                                  

      Proceeds and forfeited moneys that are paid into the state   4,382        

treasury to be deposited into the peace officer training           4,383        

commission fund shall be used by the commission only to pay the    4,385        

costs of peace officer training.                                   4,386        

      Any sheriff or prosecuting attorney who receives proceeds    4,388        

or forfeited moneys pursuant to this division during any calendar  4,389        

year shall file a report with the county auditor, no later than    4,390        

the thirty-first day of January of the next calendar year,         4,391        

verifying that the proceeds and forfeited moneys were expended     4,392        

only for the purposes authorized by this division and division     4,393        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,394        

for each authorized purpose.  Any municipal corporation police     4,395        

department that is allocated proceeds or forfeited moneys from a   4,396        

                                                          112    

                                                                 
municipal corporation law enforcement trust fund pursuant to this  4,397        

division during any calendar year shall file a report with the     4,398        

legislative authority of the municipal corporation, no later than  4,399        

the thirty-first day of January of the next calendar year,         4,400        

verifying that the proceeds and forfeited moneys were expended     4,401        

only for the purposes authorized by this division and division     4,402        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,403        

for each authorized purpose.  Any township police department,      4,404        

township police district police force, or office of the constable  4,405        

that is allocated proceeds or forfeited moneys from a township     4,406        

law enforcement trust fund pursuant to this division during any    4,407        

calendar year shall file a report with the board of township       4,408        

trustees of the township, no later than the thirty-first day of    4,409        

January of the next calendar year, verifying that the proceeds     4,410        

and forfeited moneys were expended only for the purposes           4,411        

authorized by this division and division (D)(3)(a)(ii) of this     4,412        

section and specifying the amounts expended for each authorized    4,413        

purpose.  Any park district police force or law enforcement        4,414        

department that is allocated proceeds or forfeited moneys from a   4,415        

park district law enforcement trust fund pursuant to this          4,416        

division during any calendar year shall file a report with the     4,417        

board of park commissioners of the park district, no later than    4,418        

the thirty-first day of January of the next calendar year,         4,419        

verifying that the proceeds and forfeited moneys were expended     4,420        

only for the purposes authorized by this division and division     4,421        

(D)(3)(a)(ii) of this section and specifying the amounts expended  4,422        

for each authorized purpose.  The superintendent of the state      4,423        

highway patrol shall file a report with the attorney general, no   4,424        

later than the thirty-first day of January of each calendar year,  4,425        

verifying that proceeds and forfeited moneys paid into the state   4,426        

highway patrol contraband, forfeiture, and other fund pursuant to  4,427        

this division during the prior calendar year were used by the      4,428        

state highway patrol during the prior calendar year only for the   4,429        

purposes authorized by this division and specifying the amounts    4,430        

                                                          113    

                                                                 
expended for each authorized purpose.  The executive director of   4,431        

the state board of pharmacy shall file a report with the attorney  4,432        

general, no later than the thirty-first day of January of each     4,433        

calendar year, verifying that proceeds and forfeited moneys paid   4,434        

into the board of pharmacy drug law enforcement fund during the    4,435        

prior calendar year were used only in accordance with section      4,436        

4729.65 of the Revised Code and specifying the amounts expended    4,437        

for each authorized purpose.  The peace officer training           4,438        

commission shall file a report with the attorney general, no       4,439        

later than the thirty-first day of January of each calendar year,  4,441        

verifying that proceeds and forfeited moneys paid into the peace   4,442        

officer training commission fund pursuant to this division during  4,444        

the prior calendar year were used by the commission during the     4,445        

prior calendar year only to pay the costs of peace officer         4,447        

training and specifying the amount used for that purpose.          4,448        

      (2)  If more than one law enforcement agency is              4,450        

substantially involved in the seizure of contraband that is        4,451        

forfeited pursuant to this section, the court ordering the         4,452        

forfeiture shall equitably divide the proceeds or forfeited        4,453        

moneys, after calculating any distribution to the law enforcement  4,454        

trust fund of the prosecuting attorney pursuant to division        4,455        

(D)(1)(c) of this section, among any county sheriff whose office   4,456        

is determined by the court to be substantially involved in the     4,457        

seizure, any legislative authority of a municipal corporation      4,458        

whose police department is determined by the court to be           4,459        

substantially involved in the seizure, any board of township       4,460        

trustees whose law enforcement agency is determined by the court   4,461        

to be substantially involved in the seizure, any board of park     4,462        

commissioners of a park district whose police force or law         4,463        

enforcement department is determined by the court to be            4,464        

substantially involved in the seizure, the state board of          4,465        

pharmacy if it is determined by the court to be substantially      4,466        

involved in the seizure, the food stamp trafficking unit or        4,467        

liquor enforcement unit of the department of public safety if it   4,468        

                                                          114    

                                                                 
is determined by the court to be substantially involved in the     4,469        

seizure, and the state highway patrol if it is determined by the   4,470        

court to be substantially involved in the seizure.  The proceeds   4,471        

or forfeited moneys shall be deposited in the respective law       4,472        

enforcement trust funds of the county sheriff, municipal           4,473        

corporation, township, and park district, the board of pharmacy    4,474        

drug law enforcement fund, the liquor enforcement contraband,      4,476        

forfeiture, and other fund, the food stamp contraband,             4,477        

forfeiture, and other fund, or the state highway patrol            4,478        

contraband, forfeiture, and other fund, in accordance with         4,479        

division (D)(1)(c) of this section.  If a state law enforcement    4,480        

agency, other than the state highway patrol, the food stamp        4,481        

trafficking unit or liquor enforcement unit of the department of   4,482        

public safety, or the state board of pharmacy, is determined by    4,483        

the court to be substantially involved in the seizure, the state   4,484        

agency's equitable share of the proceeds and forfeited moneys      4,485        

shall be paid to the treasurer of state for deposit into the       4,486        

peace officer training commission fund.                            4,487        

      (3)(a)(i)  Prior to being allocated or using any proceeds    4,489        

or forfeited moneys out of the state highway patrol contraband,    4,490        

forfeiture, and other fund, the liquor enforcement contraband,     4,491        

forfeiture, and other fund, the food stamp contraband, seizure,    4,492        

and other fund, the board of pharmacy drug law enforcement fund,   4,494        

or a law enforcement trust fund under division (D)(1)(c) of this   4,495        

section, the state highway patrol, the department of public                     

safety, the state board of pharmacy, and a county sheriff,         4,496        

prosecuting attorney, municipal corporation police department,     4,497        

township police department, township police district police        4,498        

force, office of the constable, or park district police force or   4,499        

law enforcement department shall adopt a written internal control  4,500        

policy that addresses the state highway patrol's, department of    4,501        

public safety's, state board of pharmacy's, sheriff's,             4,502        

prosecuting attorney's, police department's, police force's,       4,503        

office of the constable's, or law enforcement department's use     4,504        

                                                          115    

                                                                 
and disposition of all the proceeds and forfeited moneys received  4,505        

and that provides for the keeping of detailed financial records    4,506        

of the receipts of the proceeds and forfeited moneys, the general  4,507        

types of expenditures made out of the proceeds and forfeited       4,508        

moneys, the specific amount of each general type of expenditure,   4,509        

and the amounts, portions, and programs described in division      4,510        

(D)(3)(a)(ii) of this section.  The policy shall not provide for   4,511        

or permit the identification of any specific expenditure that is   4,512        

made in an ongoing investigation.                                  4,513        

      All financial records of the receipts of the proceeds and    4,515        

forfeited moneys, the general types of expenditures made out of    4,516        

the proceeds and forfeited moneys, the specific amount of each     4,517        

general type of expenditure by the state highway patrol, by the    4,518        

department of public safety, by the state board of pharmacy, and   4,519        

by a sheriff, prosecuting attorney, municipal corporation police   4,520        

department, township police department, township police district   4,521        

police force, office of the constable, or park district police     4,522        

force or law enforcement department, and the amounts, portions,    4,523        

and programs described in division (D)(3)(a)(ii) of this section   4,524        

are public records open for inspection under section 149.43 of     4,525        

the Revised Code.  Additionally, a written internal control        4,526        

policy adopted under this division is a public record of that      4,527        

nature, and the state highway patrol, the department of public     4,528        

safety, the state board of pharmacy, or the sheriff, prosecuting   4,529        

attorney, municipal corporation police department, township        4,530        

police department, township police district police force, office   4,531        

of the constable, or park district police force or law             4,532        

enforcement department that adopted it shall comply with it.       4,533        

      (ii)  The written internal control policy of a county        4,535        

sheriff, prosecuting attorney, municipal corporation police        4,536        

department, township police department, township police district   4,537        

police force, office of the constable, or park district police     4,538        

force or law enforcement department shall provide that at least    4,539        

ten per cent of the first one hundred thousand dollars of          4,540        

                                                          116    

                                                                 
proceeds and forfeited moneys deposited during each calendar year  4,541        

in the sheriff's, prosecuting attorney's, municipal                4,542        

corporation's, township's, or park district's law enforcement      4,543        

trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.47   4,544        

OF THE REVISED CODE OR DIVISION (B)(8)(c)(ii) of section 2925.44   4,545        

of the Revised Code, and at least twenty per cent of the proceeds  4,546        

and forfeited moneys exceeding one hundred thousand dollars that   4,547        

are so deposited, shall be used in connection with community       4,548        

preventive education programs.  The manner in which the described  4,549        

percentages are so used shall be determined by the sheriff,        4,550        

prosecuting attorney, department, police force, or office of the   4,551        

constable after the receipt and consideration of advice on         4,552        

appropriate community preventive education programs from the       4,553        

county's board of alcohol, drug addiction, and mental health       4,554        

services, from the county's alcohol and drug addiction services    4,555        

board, or through appropriate community dialogue.  The financial   4,556        

records described in division (D)(3)(a)(i) of this section shall   4,557        

specify the amount of the proceeds and forfeited moneys deposited  4,558        

during each calendar year in the sheriff's, prosecuting            4,559        

attorney's, municipal corporation's, township's, or park           4,560        

district's law enforcement trust fund pursuant to division         4,561        

(B)(7)(c)(ii) OF SECTION 2923.47 OF THE REVISED CODE OR DIVISION   4,562        

(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion  4,563        

of that amount that was used pursuant to the requirements of this  4,564        

division, and the community preventive education programs in       4,565        

connection with which the portion of that amount was so used.      4,566        

      As used in this division, "community preventive education    4,568        

programs" includes, but is not limited to, DARE programs and       4,569        

other programs designed to educate adults or children with         4,570        

respect to the dangers associated with the use of drugs of abuse.  4,571        

      (b)  Each sheriff, prosecuting attorney, municipal           4,573        

corporation police department, township police department,         4,574        

township police district police force, office of the constable,    4,575        

or park district police force or law enforcement department that   4,576        

                                                          117    

                                                                 
receives in any calendar year any proceeds or forfeited moneys     4,577        

out of a law enforcement trust fund under division (D)(1)(c) of    4,578        

this section or uses any proceeds or forfeited moneys in its law   4,579        

enforcement trust fund in any calendar year shall prepare a        4,580        

report covering the calendar year that cumulates all of the        4,581        

information contained in all of the public financial records kept  4,582        

by the sheriff, prosecuting attorney, municipal corporation        4,583        

police department, township police department, township police     4,584        

district police force, office of the constable, or park district   4,585        

police force or law enforcement department pursuant to division    4,586        

(D)(3)(a) of this section for that calendar year, and shall send   4,587        

a copy of the cumulative report, no later than the first day of    4,588        

March in the calendar year following the calendar year covered by  4,589        

the report, to the attorney general.                               4,590        

      The superintendent of the state highway patrol shall         4,592        

prepare a report covering each calendar year in which the state    4,593        

highway patrol uses any proceeds or forfeited moneys in the state  4,594        

highway patrol contraband, forfeiture, and other fund under        4,595        

division (D)(1)(c) of this section, that cumulates all of the      4,596        

information contained in all of the public financial records kept  4,597        

by the state highway patrol pursuant to division (D)(3)(a) of      4,598        

this section for that calendar year, and shall send a copy of the  4,599        

cumulative report, no later than the first day of March in the     4,600        

calendar year following the calendar year covered by the report,   4,601        

to the attorney general.                                           4,602        

      The department of public safety shall prepare a report       4,604        

covering each fiscal year in which the department uses any         4,605        

proceeds or forfeited moneys in the liquor enforcement             4,606        

contraband, seizure, and other fund and the food stamp             4,607        

contraband, forfeiture, and other fund under division (D)(1)(c)    4,608        

of this section that cumulates all of the information contained    4,609        

in all of the public financial records kept by the department      4,610        

pursuant to division (D)(3)(a) of this section for that fiscal     4,611        

year.  The department shall send a copy of the cumulative report   4,612        

                                                          118    

                                                                 
to the attorney general no later than the first day of August in   4,613        

the fiscal year following the fiscal year covered by the report.   4,614        

The director of public safety shall include in the report a        4,615        

verification that proceeds and forfeited moneys paid into the      4,616        

liquor enforcement contraband, seizure, and other fund and the     4,618        

food stamp contraband, forfeiture, and other fund under division   4,620        

(D)(1)(c) of this section during the preceding fiscal year were    4,621        

used by the department during that fiscal year only for the        4,622        

purposes authorized by that division and shall specify the amount  4,623        

used for each authorized purpose.                                               

      The executive director of the state board of pharmacy shall  4,625        

prepare a report covering each calendar year in which the board    4,626        

uses any proceeds or forfeited moneys in the board of pharmacy     4,627        

drug law enforcement fund under division (D)(1)(c) of this         4,628        

section, that cumulates all of the information contained in all    4,629        

of the public financial records kept by the board pursuant to      4,630        

division (D)(3)(a) of this section for that calendar year, and     4,631        

shall send a copy of the cumulative report, no later than the      4,632        

first day of March in the calendar year following the calendar     4,633        

year covered by the report, to the attorney general.  Each report  4,634        

received by the attorney general is a public record open for       4,635        

inspection under section 149.43 of the Revised Code.  The          4,636        

attorney general shall make copies of each report received, and,   4,637        

no later than the fifteenth day of April in the calendar year in   4,638        

which the report is received, shall send a copy of it to the       4,639        

president of the senate and the speaker of the house of            4,640        

representatives.                                                   4,641        

      (4)(a)  A law enforcement agency that receives pursuant to   4,643        

federal law proceeds from a sale of forfeited contraband,          4,644        

proceeds from another disposition of forfeited contraband, or      4,645        

forfeited contraband moneys shall deposit, use, and account for    4,646        

the proceeds or forfeited moneys in accordance with, and           4,647        

otherwise comply with, the applicable federal law.                 4,648        

      (b)  If the state highway patrol receives pursuant to        4,650        

                                                          119    

                                                                 
federal law proceeds from a sale of forfeited contraband,          4,651        

proceeds from another disposition of forfeited contraband, or      4,652        

forfeited contraband moneys, the appropriate governmental          4,653        

officials shall deposit into the state highway patrol contraband,               

forfeiture, and other fund all interest or other earnings derived  4,654        

from the investment of the proceeds or forfeited moneys.  The      4,655        

state highway patrol shall use and account for that interest or    4,656        

other earnings in accordance with the applicable federal law.      4,657        

      (c)  Divisions (D)(1) to (3) of this section do not apply    4,659        

to proceeds or forfeited moneys received pursuant to federal law   4,660        

or to the interest or other earnings that are derived from the     4,661        

investment of proceeds or forfeited moneys received pursuant to    4,662        

federal law and that are described in division (D)(4)(b) of this   4,663        

section.                                                                        

      (E)  Upon the sale pursuant to this section of any property  4,665        

that is required to be titled or registered under law, the state   4,666        

shall issue an appropriate certificate of title or registration    4,667        

to the purchaser.  If the state is vested with title pursuant to   4,668        

division (C) of this section and elects to retain property that    4,669        

is required to be titled or registered under law, the state shall  4,670        

issue an appropriate certificate of title or registration.         4,671        

      (F)  Notwithstanding any provisions of this section to the   4,673        

contrary, any property that is lawfully seized in relation to a    4,674        

violation of section 2923.32 of the Revised Code shall be subject  4,675        

to forfeiture and disposition in accordance with sections 2923.32  4,676        

to 2923.36 of the Revised Code,; ANY PROPERTY THAT IS FORFEITED    4,677        

PURSUANT TO SECTION 2923.45 OR 2923.46 OF THE REVISED CODE IN      4,678        

RELATION TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR  4,679        

IN RELATION TO AN ACT OF A JUVENILE THAT IS A VIOLATION OF                      

SECTION 2923.42 OF THE REVISED CODE MAY BE SUBJECT TO FORFEITURE   4,680        

AND DISPOSITION IN ACCORDANCE WITH SECTIONS 2923.45 TO 2923.48 OF  4,681        

THE REVISED CODE; and any property that is forfeited pursuant to   4,683        

section 2925.42 or 2925.43 of the Revised Code in relation to a    4,684        

felony drug abuse offense, as defined in section 2925.01 of the    4,685        

                                                          120    

                                                                 
Revised Code, or in relation to an act OF A JUVENILE that, if      4,686        

committed by an adult, would be a felony drug abuse offense of     4,688        

that nature, may be subject to forfeiture and disposition in       4,690        

accordance with sections 2925.41 to 2925.45 of the Revised Code    4,691        

or this section.                                                                

      (G)  Any failure of a law enforcement officer or agency, a   4,693        

prosecuting attorney, village solicitor, city director of law, or  4,694        

similar chief legal officer, a court, or the attorney general to   4,695        

comply with any duty imposed by this section in relation to any    4,696        

property seized or with any other provision of this section in     4,697        

relation to any property seized does not affect the validity of    4,698        

the seizure of the property, provided the seizure itself was made  4,699        

in accordance with law, and is not and shall not be considered to  4,700        

be the basis for the suppression of any evidence resulting from    4,701        

the seizure of the property, provided the seizure itself was made  4,702        

in accordance with law.                                            4,703        

      (H)  Contraband that has been forfeited pursuant to          4,705        

division (C) of this section shall not be available for use to     4,706        

pay any fine imposed upon a person who is convicted of or pleads   4,707        

guilty to an underlying criminal offense or a different offense    4,708        

arising out of the same facts and circumstances.                   4,709        

      Sec. 2933.44.  (A)  As used in this section,                 4,718        

"juvenile-related forfeiture order" means any order of forfeiture  4,720        

issued by a juvenile court under section 2923.32, 2923.45,                      

2923.46, 2925.42, 2925.43, or 2933.43 of the Revised Code and any  4,722        

order of disposition of property issued by a court under section   4,723        

2933.41 of the Revised Code regarding property that was in the     4,724        

possession of a law enforcement agency in relation to a            4,725        

delinquent child proceeding in a juvenile court.                   4,726        

      (B)  Each certified alcohol and drug addiction treatment     4,729        

program that receives in any calendar year money under division    4,730        

(D)(1)(a) of section 2923.35, DIVISION (B)(7)(c)(i) OF SECTION     4,731        

2923.47, division (B)(8)(c)(i) of section 2925.44, division        4,733        

(E)(1)(a) of section 2933.41, or division (D)(1)(c)(i) of section  4,734        

                                                          121    

                                                                 
2933.43 of the Revised Code subsequent to the issuance of any      4,735        

juvenile-related forfeiture order shall file an annual report for  4,736        

that calendar year with the attorney general and with the court    4,737        

of common pleas and board of county commissioners of the county    4,738        

in which the program is located and of any other county from       4,739        

which the program received money under any of those divisions      4,740        

subsequent to the issuance of the juvenile-related forfeiture      4,741        

order.  The program shall file the report on or before the first   4,742        

day of March in the calendar year following the calendar year in   4,743        

which the program received the money.  The report shall include    4,744        

statistics on the number of persons the program served, identify   4,745        

the types of treatment services it provided to those persons, and  4,746        

include a specific accounting of the purposes for which it used    4,747        

the money so received.  No information contained in the report     4,748        

shall identify, or enable a person to determine the identity of,   4,749        

any person served by the program.                                  4,750        

      Sec. 2941.142.  (A)  IMPOSITION OF A PENALTY PURSUANT TO     4,753        

DIVISION (H) OF SECTION 2929.14 OF THE REVISED CODE UPON AN        4,756        

OFFENDER WHO COMMITTED A FELONY, OTHER THAN A VIOLATION OF                      

SECTION 2923.42 OF THE REVISED CODE, WHILE PARTICIPATING IN A      4,758        

CRIMINAL GANG, IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE    4,759        

INDICTMENT, OR INFORMATION CHARGING THE FELONY SPECIFIES THAT THE  4,760        

OFFENDER COMMITTED THE FELONY WHILE PARTICIPATING IN A CRIMINAL    4,761        

GANG.  THE SPECIFICATION SHALL BE STATED AT THE END OF THE BODY    4,762        

OF THE INDICTMENT, COUNT, OR INFORMATION, AND SHALL BE IN          4,763        

SUBSTANTIALLY THE FOLLOWING FORM:                                  4,764        

      "SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).  THE  4,767        

GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING                         

ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT    4,769        

(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY WHILE            4,770        

PARTICIPATING IN A CRIMINAL GANG.)"                                4,771        

      (B)  IMPOSITION OF A PENALTY PURSUANT TO DIVISION (J) OF     4,774        

SECTION 2929.21 OF THE REVISED CODE UPON AN OFFENDER WHO           4,776        

COMMITTED AN OFFENSE OF VIOLENCE THAT IS A MISDEMEANOR OR A        4,777        

                                                          122    

                                                                 
MISDEMEANOR OFFENSE LISTED IN DIVISION (B)(1)(c) OF SECTION        4,778        

2923.41 OF THE REVISED CODE WHILE PARTICIPATING IN A CRIMINAL      4,779        

GANG, IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE             4,780        

INDICTMENT, OR INFORMATION CHARGING THE MISDEMEANOR SPECIFIES                   

THAT THE OFFENDER COMMITTED THE MISDEMEANOR WHILE PARTICIPATING    4,782        

IN A CRIMINAL GANG.  THE SPECIFICATION SHALL BE STATED AT THE END  4,783        

OF THE BODY OF THE INDICTMENT, COUNT, OR INFORMATION AND SHALL BE  4,784        

IN SUBSTANTIALLY THE FOLLOWING FORM:                               4,785        

      "SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).  THE  4,788        

GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING            4,789        

ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT    4,790        

(SET FORTH THAT THE OFFENDER COMMITTED THE OFFENSE OF VIOLENCE     4,791        

THAT IS A MISDEMEANOR OR THE MISDEMEANOR OFFENSE LISTED IN         4,792        

DIVISION (B)(1)(c) OF SECTION 2923.41 OF THE REVISED CODE WHILE    4,795        

PARTICIPATING IN A CRIMINAL GANG.)"                                             

      (C)  AS USED IN THIS SECTION, "CRIMINAL GANG" HAS THE SAME   4,798        

MEANING AS IN SECTION 2923.41 OF THE REVISED CODE.                 4,799        

      Sec. 3719.11.  All controlled substances, the lawful         4,808        

possession of which is not established or the title to which       4,809        

cannot be ascertained, which THAT have come into the custody of a  4,811        

peace officer, shall be forfeited pursuant to sections 2923.45 TO               

2923.48, 2925.41 to 2925.45, 2933.41, or 2933.43 of the Revised    4,812        

Code, and, unless any such section provides for a different        4,814        

manner of disposition, shall be disposed of as follows:            4,815        

      (A)  The court or magistrate having jurisdiction shall       4,817        

order the controlled substances forfeited and destroyed.  The      4,818        

agency served by the peace officer who obtained or took custody    4,819        

of the controlled substances may destroy them or may send them to  4,820        

the bureau of criminal identification and investigation for        4,821        

destruction by it.  A record of the place where the controlled     4,822        

substances were seized, of the kinds and quantities of controlled  4,823        

substances so destroyed, and of the time, place, and manner of     4,824        

destruction, shall be kept, and a return under oath, reporting     4,825        

the destruction, shall be made by the officer who destroys them    4,826        

                                                          123    

                                                                 
to the court or magistrate and to the United States director,      4,827        

bureau of narcotics and dangerous drugs.                           4,828        

      (B)  Upon written application by the department of health,   4,830        

the court or magistrate that ordered the forfeiture of the         4,831        

controlled substances may order the delivery of any of them,       4,832        

except heroin and its salts and derivatives, to the department     4,833        

for distribution or destruction as provided in this section.       4,834        

      (C)  Upon application by any hospital within this state      4,836        

that is not operated for private gain, the department of health    4,837        

may deliver any controlled substances that have come into its      4,838        

custody pursuant to this section to the applicant for medicinal    4,839        

use.  The department may deliver excess stocks of the controlled   4,840        

substances to the United States director, bureau of narcotics and  4,841        

dangerous drugs, or may destroy the excess stocks.                 4,842        

      (D)  The department of health shall keep a complete record   4,844        

of all controlled substances received pursuant to this section     4,845        

and of all controlled substances disposed of pursuant to this      4,846        

section, showing all of the following:                             4,847        

      (1)  The exact kinds, quantities, and forms of the           4,849        

controlled substances;                                             4,850        

      (2)  The persons from whom they were received and to whom    4,852        

they were delivered;                                               4,853        

      (3)  By whose authority they were received, delivered, or    4,855        

destroyed;                                                         4,856        

      (4)  The dates of their receipt, delivery, or destruction.   4,858        

      (E)  The record required by this section shall be open to    4,860        

inspection by all federal and state officers charged with the      4,861        

enforcement of federal and state narcotic and drug abuse control   4,862        

laws.                                                              4,863        

      Sec. 3719.21.  Except as provided in DIVISION (C) OF         4,872        

SECTION 2923.42, DIVISION (B)(5) OF SECTION 2923.45, divisions     4,873        

(D)(1), (F), and (H) of section 2925.03, division (D)(1) of        4,874        

section 2925.02, 2925.04, or 2925.05, division (E)(1) of section   4,875        

2925.11, division (F) of section 2925.13 or 2925.36, division (D)  4,877        

                                                          124    

                                                                 
of section 2925.22, division (H) of section 2925.23, division (M)               

of section 2925.37, division (B)(5) of section 2925.42, division   4,878        

(B) of section 2929.18, division (D) of section 3719.99, division  4,880        

(B)(1) of section 4729.65, and division (E)(3) of section 4729.99  4,881        

of the Revised Code, the clerk of the court shall pay all fines    4,882        

or forfeited bail assessed and collected under prosecutions or     4,883        

prosecutions commenced for violations of this chapter, SECTION     4,884        

2923.42 OF THE REVISED CODE, or Chapter 2925. of the Revised                    

Code, within thirty days, to the executive director of the state   4,885        

board of pharmacy, and the executive director shall deposit the    4,886        

fines into the state treasury to the credit of the occupational    4,887        

licensing and regulatory fund.                                                  

      Sec. 3767.02.  (A)  Any person, who uses, occupies,          4,896        

establishes, or conducts a nuisance, or aids or abets therein,     4,897        

and IN THE USE, OCCUPANCY, ESTABLISHMENT, OR CONDUCT OF A          4,898        

NUISANCE; the owner, agent, or lessee of any AN interest in any    4,899        

such nuisance together with the persons; ANY PERSON WHO IS         4,901        

employed in or in control of any such THAT nuisance by any such    4,902        

THAT owner, agent, or lessee; AND ANY PERSON WHO IS IN CONTROL OF  4,903        

THAT NUISANCE is guilty of maintaining a nuisance and shall be     4,905        

enjoined as provided in sections 3767.03 to 3767.06, inclusive,    4,906        

3767.11 of the Revised Code.                                                    

      (B)  A CRIMINAL GANG THAT USES OR OCCUPIES ANY BUILDING,     4,908        

PREMISES, OR REAL ESTATE, INCLUDING VACANT LAND, ON MORE THAN TWO  4,909        

OCCASIONS WITHIN A ONE-YEAR PERIOD TO ENGAGE IN A PATTERN OF       4,910        

CRIMINAL GANG ACTIVITY IS GUILTY OF MAINTAINING A NUISANCE AND     4,911        

SHALL BE ENJOINED AS PROVIDED IN SECTIONS 3767.03 TO 3767.11 OF    4,912        

THE REVISED CODE.  AS USED IN THIS DIVISION, "CRIMINAL GANG" AND   4,913        

"PATTERN OF CRIMINAL GANG ACTIVITY" HAVE THE SAME MEANINGS AS IN   4,914        

SECTION 2923.41 OF THE REVISED CODE.                                            

      Sec. 4729.65.  (A)  Except as provided in division (B) of    4,923        

this section, all receipts of the state board of pharmacy, from    4,924        

any source, shall be deposited into the state treasury to the      4,925        

credit of the occupational licensing and regulatory fund.  All     4,926        

                                                          125    

                                                                 
vouchers of the board shall be signed by the president or          4,928        

executive director of the board, or both, as authorized by the     4,929        

board.  All initial issuance fees and renewal fees required by     4,930        

sections 4729.01 to 4729.54 of the Revised Code shall be payable   4,931        

by the applicant at the time of making application.                4,932        

      (B)(1)  There is hereby created in the state treasury the    4,935        

board of pharmacy drug law enforcement fund.  All moneys that are  4,936        

derived from any FINES, mandatory fines, or forfeited bail to      4,937        

which the board may be entitled under Chapter 2925., DIVISION      4,939        

(C)(1) OF SECTION 2923.42, or division (B)(5) of section 2925.42   4,940        

of the Revised Code and all moneys that are derived from           4,941        

forfeitures of property to which the board may be entitled         4,942        

pursuant to Chapter 2925. of the Revised Code, section 2923.32,    4,943        

2923.35, 2923.45, 2923.46, 2923.47, or 2933.43 of the Revised      4,944        

Code, any other section of the Revised Code, or federal law shall  4,945        

be deposited into the fund.  Subject to division (B)(1)(b)(2) of   4,946        

this section, division (D)(2)(c) of section 2923.35, DIVISION      4,947        

(B)(5) OF SECTION 2923.45, DIVISION (B)(7)(c) OF SECTION 2923.47,  4,949        

and divisions (D)(1)(c) and (3) of section 2933.43 of the Revised  4,950        

Code, the moneys in the fund shall be used solely to subsidize     4,951        

the drug law enforcement efforts of the board.                     4,952        

      (2)  Notwithstanding any contrary provision in the Revised   4,954        

Code, moneys that are derived from forfeitures of property         4,955        

pursuant to federal law and that are deposited into the board of   4,956        

pharmacy drug law enforcement fund in accordance with division     4,957        

(B)(1)(a) of this section shall be used and accounted for in       4,958        

accordance with the applicable federal law, and the board          4,959        

otherwise shall comply with that law in connection with the        4,960        

moneys.                                                            4,961        

      (C)  All fines and forfeited bonds assessed and collected    4,963        

under prosecution or prosecution commenced in the enforcement of   4,964        

this chapter shall be paid to the executive director of the board  4,965        

within thirty days, and by him paid into THE EXECUTIVE DIRECTOR    4,967        

SHALL PAY THOSE FINES AND FORFEITED BONDS TO the state treasury                 

                                                          126    

                                                                 
to the credit of the occupational licensing and regulatory fund.   4,969        

The board, subject to the approval of the controlling board and                 

except for fees required to be established by the board at         4,971        

amounts "adequate" to cover designated expenses, may establish     4,972        

fees in excess of the amounts provided by this chapter, provided   4,973        

that such fees do not exceed the amounts permitted by this         4,974        

chapter by more than fifty per cent.                               4,975        

      Section 2.  That existing sections 109.57, 109.60, 109.61,   4,977        

2151.18, 2151.313, 2151.355, 2929.14, 2929.21, 2933.41, 2933.43,   4,978        

2933.44, 3719.11, 3719.21, 3767.02, and 4729.65 of the Revised     4,979        

Code are hereby repealed.                                          4,980        

      Section 3.  (A)  The General Assembly finds that it is the   4,982        

right of every individual, regardless of race, color, creed,       4,983        

religion, national origin, sex, age, sexual orientation, or        4,984        

handicap, to be secure and protected from fear, intimidation, and  4,985        

physical harm caused by the activities of violent groups and                    

individuals.  It is not the intent of this act to interfere with   4,986        

the exercise of the constitutionally protected rights of freedom   4,987        

of expression and association.  The General Assembly recognizes    4,988        

the constitutional right of every citizen to harbor and express    4,990        

beliefs on any lawful subject whatsoever, to lawfully associate    4,991        

with others who share similar beliefs, to petition lawfully                     

constituted authority for a redress of grievances, and to          4,992        

participate in the electoral process.                              4,993        

      (B)  The General Assembly finds, however, that the state of  4,995        

Ohio is facing a mounting crisis caused by criminal gangs whose    4,996        

members threaten and terrorize peaceful citizens and commit a      4,997        

multitude of crimes.  These activities, both individually and      4,998        

collectively, present a clear and present danger to public order   4,999        

and safety and are not constitutionally protected.                              

      (C)  It is the intent of the General Assembly to eradicate   5,001        

the terror created by criminal gangs by providing enhanced         5,002        

penalties and by eliminating the patterns, profits, proceeds, and  5,003        

instrumentalities of criminal gang activity.                       5,004        

                                                          127    

                                                                 
      Section 4.  Sections 1 and 2 of this act shall take effect   5,006        

on January 1, 1998.                                                             

      Section 5.  Section 2151.355 of the Revised Code is          5,010        

presented in Section 1 of this act as a composite of the section   5,011        

as amended by Sub. H.B. 274, Am. Sub. H.B. 445, and Am. Sub. S.B.  5,012        

269 of the 121st General Assembly, with the new language of none   5,013        

of the acts shown in capital letters.  Section 2929.14 of the                   

Revised Code is presented in Section 1 of this act as a composite  5,014        

of the section as amended by Am. Sub. H.B. 88, Am. Sub. H.B. 445,  5,015        

Sub. H.B. 154, Am. Sub. S.B. 166, Am. Sub. S.B. 269, and Am. Sub.  5,016        

H.B. 180 of the 121st General Assembly, with the new language of   5,017        

none of the acts shown in capital letters.  Section 2933.41 of     5,019        

the Revised Code is presented in this act as a composite of the    5,020        

section as amended by both Am. Sub. S.B. 162 and Am. Sub. H.B. 1   5,021        

of the 121st General Assembly, with the new language of neither    5,022        

of the acts shown in capital letters.  Section 3719.21 of the      5,023        

Revised Code is presented in Section 1 of this act as a composite  5,025        

of the section as amended by both Am. Sub. S.B. 269 and Am. Sub.   5,026        

S.B. 166 of the 121st General Assembly, with the new language of   5,027        

neither of the acts shown in capital letters.  This is in                       

recognition of the principle stated in division (B) of section     5,028        

1.52 of the Revised Code that such amendments are to be            5,029        

harmonized where not substantively irreconcilable and constitutes  5,030        

a legislative finding that such is the resulting version in        5,031        

effect prior to the effective date of this act.                    5,032