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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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