As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. 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
MYERS-TAYLOR-WILLAMOWSKI 10
12
A B I L L
To amend sections 109.57, 109.60, 109.61, 2151.18, 14
2151.313, 2151.355, 2151.356, 2929.14, 2933.41, 15
2933.43, 2933.44, 3719.11, 3719.21, 3767.02, and 16
4729.65 and to enact sections 2923.41 to 2923.47 17
and 2941.142 of the Revised Code to establish the 18
offense of participating in a criminal gang, to 20
enhance the penalty imposed upon an offender or 21
delinquent child who commits a felony that is an 23
offense of violence while participating in a 25
criminal gang, to prescribe procedures for the 26
forfeiture and disposition of property relating 27
to participating in a criminal gang, to modify 28
the juvenile fingerprinting laws, and to maintain 30
the provisions of this act on and after July 1, 32
1998, by amending the version of section 33
2151.355 of the Revised Code that takes effect on 35
that date. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 109.57, 109.60, 109.61, 2151.18, 40
2151.313, 2151.355, 2151.356, 2929.14, 2933.41, 2933.43, 2933.44, 42
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, 44
and 2941.142 of the Revised Code be enacted to read as follows: 46
Sec. 109.57. (A)(1) As used in this section: 55
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(a) "Designated delinquent act or juvenile offense" means 57
any of the following: 58
(i) Any category one offense or category two offense; 61
(ii) Any violation of section 2907.03, 2907.04, or 2907.05 63
of the Revised Code; 64
(iii) Any violation of section 2907.12 of the Revised Code 67
as it existed prior to September 3, 1996;
(iv) Any attempt to commit a violation of section 2907.02, 69
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 70
violation of section 2907.12 of the Revised Code as it existed 71
prior to September 3, 1996; 72
(v) A violation of any law that arose out of the same 74
facts and circumstances as did a charge against the child of a 75
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the 77
Revised Code that previously was dismissed or as did a charge 78
against the child of a violation of section 2907.12 of the 79
Revised Code as it existed prior to September 3, 1996, that 80
previously was dismissed;
(vi) Any violation of section 2905.02 or 2919.23 of the 82
Revised Code that would have been a violation of section 2905.04 83
of the Revised Code as it existed prior to July 1, 1996, had the 84
violation been committed prior to that date. 85
(b) "Category one offense" and "category two offense" have 87
the same meanings as in section 2151.26 of the Revised Code. 89
(2) The superintendent of the bureau of criminal 92
identification and investigation shall procure from wherever
procurable and file for record photographs, pictures, 94
descriptions, fingerprints, measurements, and other information 95
that may be pertinent of all persons who have been convicted of 96
committing within this state a felony, any crime constituting a 98
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 100
section 109.572 of the Revised Code, of all children fourteen 101
years of age or older and under eighteen years of age who have 102
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been adjudicated delinquent children for committing within this 103
state a designated delinquent AN act or juvenile THAT WOULD BE A 104
FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or who 105
have been convicted of or pleaded guilty to committing within 107
this state a designated delinquent act or juvenile FELONY OR AN 109
offense OF VIOLENCE, and of all well-known and habitual 110
criminals. The person in charge of any county, multicounty, 112
municipal, municipal-county, or multicounty-municipal jail or 113
workhouse, community-based correctional facility, halfway house, 114
alternative residential facility, or state correctional 115
institution and the person in charge of any state institution 116
having custody of a person suspected of having committed a 117
felony, any crime constituting a misdemeanor on the first offense 118
and a felony on subsequent offenses, or any misdemeanor described 119
in division (A)(1)(a) of section 109.572 of the Revised Code or 120
having custody of a child fourteen years of age or older and 123
under eighteen years of age with respect to whom there is
probable cause to believe that the child may have committed a 125
designated delinquent AN act or juvenile THAT WOULD BE A FELONY 126
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT shall furnish 127
such material to the superintendent of the bureau. Fingerprints, 130
photographs, or other descriptive information of a child who is 131
under eighteen years of age, has not been arrested or otherwise 132
taken into custody for committing an act that is WOULD BE a 133
designated delinquent act FELONY or juvenile AN offense OF 134
VIOLENCE IF COMMITTED BY AN ADULT, has not been adjudicated a 136
delinquent child for committing a designated delinquent AN act or 138
juvenile THAT WOULD BE A FELONY OR AN offense OF VIOLENCE IF 139
COMMITTED BY AN ADULT, has not been convicted of or pleaded 140
guilty to committing a designated delinquent act FELONY or 141
juvenile AN offense OF VIOLENCE, and is not a child with respect 142
to whom there is probable cause to believe that the child may 144
have committed a designated delinquent AN act or juvenile THAT 145
WOULD BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN 146
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ADULT shall not be procured by the superintendent or furnished by 147
any person in charge of any county, multicounty, municipal, 149
municipal-county, or multicounty-municipal jail or workhouse, 150
community-based correctional facility, halfway house, alternative 151
residential facility, or state correctional institution, except 152
as authorized in section 2151.313 of the Revised Code. 153
(3)(2) Every clerk of a court of record in this state, 156
other than the supreme court or a court of appeals, shall send to 157
the superintendent of the bureau a weekly report containing a 159
summary of each case involving a felony, involving any crime 160
constituting a misdemeanor on the first offense and a felony on 162
subsequent offenses, involving a misdemeanor described in 163
division (A)(1)(a) of section 109.572 of the Revised Code, or 164
involving an adjudication that a child under eighteen years of 165
age is A delinquent child for committing a designated delinquent 167
AN act THAT WOULD BE A FELONY or juvenile AN offense OF VIOLENCE 168
IF COMMITTED BY AN ADULT. The clerk of the court of common pleas 170
shall include in the report and summary the clerk sends under 171
this division all information described in divisions (A)(3)(2)(a) 172
to (f) of this section regarding a case before the court of 173
appeals that is served by that clerk. The summary shall be 174
written on the standard forms furnished by the superintendent 176
pursuant to division (B) of this section and shall include the 177
following information:
(a) The incident tracking number contained on the standard 179
forms furnished by the superintendent pursuant to division (B) of 180
this section; 181
(b) The style and number of the case; 183
(c) The date of arrest; 185
(d) The date that the person was convicted of or pleaded 187
guilty to the offense, adjudicated a delinquent child for 188
committing the act that is WOULD BE a designated delinquent act 190
FELONY or juvenile AN offense OF VIOLENCE IF COMMITTED BY AN 191
ADULT, found not guilty of the offense, or found not to be a 192
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delinquent child for committing an act that is WOULD BE a 193
designated delinquent act FELONY or juvenile AN offense OF 195
VIOLENCE IF COMMITTED BY AN ADULT, the date of an entry
dismissing the charge, an entry declaring a mistrial of the 197
offense in which the person is discharged, an entry finding that 198
the person or child is not competent to stand trial, or an entry 199
of a nolle prosequi, or the date of any other determination that 200
constitutes final resolution of the case;
(e) A statement of the original charge with the section of 202
the Revised Code that was alleged to be violated; 203
(f) If the person or child was convicted, pleaded guilty, 205
or was adjudicated a delinquent child, the sentence or terms of 207
probation imposed or any other disposition of the offender or the 208
delinquent child.
If the offense involved the disarming of a law enforcement 210
officer or an attempt to disarm a law enforcement officer, the 211
clerk shall clearly state that fact in the summary, and the 212
superintendent shall ensure that a clear statement of that fact 213
is placed in the bureau's records.
(4)(3) The superintendent shall cooperate with and assist 215
sheriffs, chiefs of police, and other law enforcement officers in 217
the establishment of a complete system of criminal identification 218
and in obtaining fingerprints and other means of identification 219
of all persons arrested on a charge of a felony, any crime 220
constituting a misdemeanor on the first offense and a felony on 221
subsequent offenses, or a misdemeanor described in division 222
(A)(1)(a) of section 109.572 of the Revised Code and of all 223
children fourteen years of age or older and under eighteen years 225
of age arrested or otherwise taken into custody for committing a 226
designated delinquent AN act or juvenile THAT WOULD BE A FELONY 227
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT. The 228
superintendent also shall file for record the fingerprint 230
impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or 231
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workhouse, community-based correctional facility, halfway house, 232
alternative residential facility, or state correctional 233
institution for the violation of state laws and of all children 235
fourteen years of age or older and under eighteen years of age 236
who are confined in a county, multicounty, municipal, 237
municipal-county, or multicounty-municipal jail or workhouse, 238
community-based correctional facility, halfway house, alternative 239
residential facility, or state correctional institution or in any 241
facility for delinquent children for committing a designated 242
delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN 244
offense OF VIOLENCE IF COMMITTED BY AN ADULT, and any other
information that the superintendent may receive from law 246
enforcement officials of the state and its political 247
subdivisions.
(5)(4) The superintendent shall carry out Chapter 2950. of 249
the Revised Code with respect to the registration of persons who 252
are convicted of or plead guilty to a sexually oriented offense 253
and with respect to all other duties imposed on the bureau under 254
that chapter.
(B) The superintendent shall prepare and furnish to every 256
county, multicounty, municipal, municipal-county, or 257
multicounty-municipal jail or workhouse, community-based 258
correctional facility, halfway house, alternative residential 259
facility, or state correctional institution and to every clerk of 260
a court in this state specified in division (A)(3)(2) of this 261
section standard forms for reporting the information required 262
under divisions DIVISION (A)(2) to (5) of this section. The 264
standard forms that the superintendent prepares pursuant to this 265
division may be in a tangible format, in an electronic format, or
in both tangible formats and electronic formats. 266
(C) The superintendent may operate a center for 268
electronic, automated, or other data processing for the storage 269
and retrieval of information, data, and statistics pertaining to 270
criminals and to children under eighteen years of age who are 271
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adjudicated delinquent children for committing a designated 272
delinquent AN act or juvenile THAT WOULD BE A FELONY OR AN 273
offense OF VIOLENCE IF COMMITTED BY AN ADULT, criminal activity, 274
crime prevention, law enforcement, and criminal justice, and may 277
establish and operate a statewide communications network to 278
gather and disseminate information, data, and statistics for the 279
use of law enforcement agencies. The superintendent may gather, 280
store, retrieve, and disseminate information, data, and 281
statistics that pertain to children who are under eighteen years 282
of age and that are gathered pursuant to sections 109.57 to 283
109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant 284
to those sections. 285
(D) The information and materials furnished to the 287
superintendent pursuant to divisions DIVISION (A)(2) to (5) of 289
this section and information and materials furnished to any board 290
or person under division (F) or (G) of this section are not 291
public records under section 149.43 of the Revised Code. 292
(E) The attorney general shall adopt rules, in accordance 294
with Chapter 119. of the Revised Code, setting forth the 295
procedure by which a person may receive or release information 296
gathered by the superintendent pursuant to divisions DIVISION 298
(A)(2) to (5) of this section. A reasonable fee may be charged 299
for this service. If a temporary employment service submits a 300
request for a determination of whether a person the service plans 301
to refer to an employment position has been convicted of or 302
pleaded guilty to an offense listed in division (A)(1), (3), (4), 303
or (5) of section 109.572 of the Revised Code, the request shall 304
be treated as a single request and only one fee shall be charged. 305
(F)(1) As used in division (F)(2) of this section, "head 307
start agency" means an entity in this state that has been 308
approved to be an agency for purposes of subchapter II of the 309
"Community Economic Development Act," 95 Stat. 489 (1981), 42 310
U.S.C.A. 9831, as amended. 311
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(2)(a) In addition to or in conjunction with any request 313
that is required to be made under section 109.572, 2151.86, 314
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 315
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 316
education of any school district; any county board of mental 317
retardation and developmental disabilities; any entity under 318
contract with a county board of mental retardation and 319
developmental disabilities; the chief administrator of any 320
chartered nonpublic school; the chief administrator of any home 321
health agency; the chief administrator of or person operating any 322
child day-care center, type A family day-care home, or type B 323
family day-care home licensed or certified under Chapter 5104. of 324
the Revised Code; the administrator of any type C family day-care 325
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 326
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 327
general assembly; the chief administrator of any head start 328
agency; or the executive director of a public children services 329
agency may request that the superintendent of the bureau 330
investigate and determine, with respect to any individual who has 331
applied for employment in any position after October 2, 1989, or 332
any individual wishing to apply for employment with a board of 333
education may request, with regard to the individual, whether the 335
bureau has any information gathered under divisions DIVISION 336
(A)(2) to (5) of this section that pertains to that individual. 338
On receipt of the request, the superintendent shall determine 339
whether that information exists and, upon request of the person, 340
board, or entity requesting information, also shall request from 341
the federal bureau of investigation any criminal records it has 342
pertaining to that individual. Within thirty days of the date 343
that the superintendent receives a request, the superintendent 345
shall send to the board, entity, or person a report of any 346
information that the superintendent determines exists, including 348
information contained in records that have been sealed under 349
section 2953.32 of the Revised Code, and, within thirty days of 350
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its receipt, shall send the board, entity, or person a report of 351
any information received from the federal bureau of 352
investigation, other than information the dissemination of which 353
is prohibited by federal law.
(b) When a board of education is required to receive 355
information under this section as a prerequisite to employment of 356
an individual pursuant to section 3319.39 of the Revised Code, it 357
may accept a certified copy of records that were issued by the 359
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 360
district in lieu of requesting that information itself. In such 361
a case, the board shall accept the certified copy issued by the 362
bureau in order to make a photocopy of it for that individual's 363
employment application documents and shall return the certified 364
copy to the individual. In a case of that nature, a district 365
only shall accept a certified copy of records of that nature 366
within one year after the date of their issuance by the bureau. 368
(3) The state board of education may request, with respect 370
to any individual who has applied for employment after October 2, 371
1989, in any position with the state board or the department of 372
education, any information that a school district board of 373
education is authorized to request under division (F)(2) of this 375
section, and the superintendent of the bureau shall proceed as if 376
the request has been received from a school district board of 377
education under division (F)(2) of this section. 378
(4) When the superintendent of the bureau receives a 380
request for information that is authorized under section 3319.291 381
of the Revised Code, the superintendent shall proceed as if the 382
request has been received from a school district board of 383
education under division (F)(2) of this section. 384
(G) In addition to or in conjunction with any request that 387
is required to be made under section 173.41, 3701.881, 3712.09, 388
3721.121, or 3722.151 of the Revised Code with respect to an 390
individual who has applied for employment in a position that 391
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involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 392
the PASSPORT program created under section 173.40 of the Revised 393
Code, home health agency, hospice care program, home licensed 395
under Chapter 3721. of the Revised Code, adult day-care program 396
operated pursuant to rules adopted under section 3721.04 of the 397
Revised Code, or adult care facility may request that the 399
superintendent of the bureau investigate and determine, with 400
respect to any individual who has applied after January 27, 1997, 402
for employment in a position that does not involve providing 403
direct care to an older adult, whether the bureau has any 404
information gathered under division (A) of this section that 405
pertains to that individual. On receipt of the request, the 406
superintendent shall determine whether that information exists 407
and, on request of the administrator requesting information, 408
shall also request from the federal bureau of investigation any 409
criminal records it has pertaining to that individual. Within 410
thirty days of the date a request is received, the superintendent 411
shall send to the administrator a report of any information 413
determined to exist, including information contained in records 414
that have been sealed under section 2953.32 of the Revised Code, 415
and, within thirty days of its receipt, shall send the 416
administrator a report of any information received from the 417
federal bureau of investigation, other than information the 418
dissemination of which is prohibited by federal law. 419
(H) Information obtained by a board, administrator, or 422
other person under this section is confidential and shall not be 423
released or disseminated.
(I) The superintendent may charge a reasonable fee for 425
providing information or criminal records under division (F)(2) 426
or (G) of this section. 427
Sec. 109.60. (A) As used in this section, "designated 436
delinquent act or juvenile offense" has the same meaning as in 437
section 109.57 of the Revised Code. 438
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(B)(1) The sheriffs of the several counties and the chiefs 441
of police of cities, immediately upon the arrest of any person 442
for any felony, on suspicion of any felony, for a crime 443
constituting a misdemeanor on the first offense and a felony on 444
subsequent offenses, or for any misdemeanor described in division 445
(A)(1)(a) of section 109.572 of the Revised Code, and immediately 446
upon the arrest or taking into custody of any child fourteen 448
years of age or older and under eighteen years of age for 450
committing a designated delinquent AN act or juvenile THAT WOULD 451
BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or 452
upon probable cause to believe that a child of that age may have 454
committed a designated delinquent AN act or juvenile THAT WOULD 455
BE A FELONY OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT, 456
shall take the person's or child's fingerprints, or cause the 458
same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of 459
the bureau of criminal identification and investigation, and 460
immediately shall forward copies of the completed forms, any 463
other description that may be required, and the history of the 464
offense committed to the bureau to be classified and filed and to 466
the clerk of the court having jurisdiction over the prosecution 467
of the offense or over the adjudication relative to the act. 468
(2) If a sheriff or chief of police has not taken, or 471
caused to be taken, a person's or child's fingerprints in 472
accordance with division (B)(A)(1) of this section by the time of 473
the arraignment or first appearance of the person or child, the 474
court shall order the person or child to appear before the 475
sheriff or chief of police within twenty-four hours to have the 476
person's or child's fingerprints taken. The sheriff or chief of 478
police shall take the person's or child's fingerprints, or cause 479
the fingerprints to be taken, according to the fingerprint system 480
of identification on the forms furnished by the superintendent of 481
the bureau of criminal identification and investigation and, 482
immediately after the person's or child's arraignment or first 483
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appearance, forward copies of the completed forms, any other 485
description that may be required, and the history of the offense 486
committed to the bureau to be classified and filed and to the 487
clerk of the court.
(3) Every court with jurisdiction over a case involving a 489
person or child with respect to whom division (B)(A)(1) of this 490
section requires a sheriff or chief of police to take the 492
person's or child's fingerprints shall inquire at the time of the 493
person's or child's sentencing or adjudication whether or not the 494
person or child has been fingerprinted pursuant to division 496
(B)(A)(1) or (2) of this section for the original arrest upon 497
which the sentence or adjudication is based. If the person or 498
child was not fingerprinted for the original arrest upon which 499
the sentence or adjudication is based, the court shall order the 500
person or child to appear before the sheriff or chief of police 501
within twenty-four hours to have the person's or child's 502
fingerprints taken. The sheriff or chief of police shall take 503
the person's or child's fingerprints, or cause the fingerprints
to be taken, according to the fingerprint system of 504
identification on the forms furnished by the superintendent of 505
the bureau of criminal identification and investigation and 506
immediately forward copies of the completed forms, any other 507
description that may be required, and the history of the offense 508
committed to the bureau to be classified and filed and to the 509
clerk of the court.
(4) If a person or child is in the custody of a law 511
enforcement agency or a detention facility, as defined in section 513
2921.01 of the Revised Code, and the chief law enforcement 515
officer or chief administrative officer of the detention facility 516
discovers that a warrant has been issued or a bill of information 517
has been filed alleging the person or child to have committed an 518
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is 519
one for which fingerprints are to be taken pursuant to division 520
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(B)(A)(1) of this section, the law enforcement agency or 522
detention facility shall take the fingerprints of the person or 523
child, or cause the fingerprints to be taken, according to the 524
fingerprint system of identification on the forms furnished by 525
the superintendent of the bureau of criminal identification and 526
investigation and immediately forward copies of the completed 528
forms, any other description that may be required, and the 529
history of the offense committed to the bureau to be classified 530
and filed and to the clerk of the court that issued the warrant 531
or with which the bill of information was filed. 532
(5) If an accused is found not guilty of the offense 536
charged or a nolle prosequi is entered in any case, or if any 537
accused child fourteen years of age or older and under eighteen 538
years of age is found not to be a delinquent child for committing 540
a designated delinquent AN act or juvenile THAT WOULD BE A FELONY 541
OR AN offense OF VIOLENCE IF COMMITTED BY AN ADULT or not guilty 543
of the designated delinquent act FELONY or juvenile offense OF 545
VIOLENCE charged or a nolle prosequi is entered in that case, the 546
fingerprints and description shall be given to the accused upon 548
the accused's request.
(6) The superintendent shall compare the description 552
received with those already on file in the bureau, and, if the 553
superintendent finds that the person arrested or taken into 555
custody has a criminal record or a record as a delinquent child 556
for having committed an act that is WOULD BE a designated 557
delinquent act or juvenile FELONY OR AN offense OF VIOLENCE IF 558
COMMITTED BY AN ADULT or is a fugitive from justice or wanted by 560
any jurisdiction in this or another state, the United States, or 562
a foreign country for any offense, the superintendent at once 563
shall inform the arresting officer, the officer taking the person 565
into custody, or the chief administrative officer of the county, 566
multicounty, municipal, municipal-county, or 567
multicounty-municipal jail or workhouse, community-based 568
correctional facility, halfway house, alternative residential 569
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facility, or state correctional institution in which the person
or child is in custody of that fact and give appropriate notice 572
to the proper authorities in the jurisdiction in which the person 573
is wanted, or, if that jurisdiction is a foreign country, give 574
appropriate notice to federal authorities for transmission to the 576
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically indexed 578
by the superintendent.
(C)(B) This section does not apply to a violator of a city 580
ordinance unless the officers have reason to believe that the 581
violator is a past offender or the crime is one constituting a 582
misdemeanor on the first offense and a felony on subsequent 583
offenses, or unless it is advisable for the purpose of subsequent 584
identification. This section does not apply to any child under 585
eighteen years of age who was not arrested or otherwise taken 586
into custody for committing an act that is WOULD BE a designated 588
delinquent act FELONY or juvenile AN offense OF VIOLENCE IF 590
COMMITTED BY AN ADULT or upon probable cause to believe that a 591
child of that age may have committed an act that is WOULD BE a 593
designated delinquent act FELONY or juvenile AN offense OF 595
VIOLENCE IF COMMITTED BY AN ADULT, except as provided in section 596
2151.313 of the Revised Code.
Sec. 109.61. Each sheriff or chief of police shall furnish 605
the bureau of criminal identification and investigation with 606
descriptions, fingerprints, photographs, and measurements of the 607
following:
(A)(1) Persons arrested who in that sheriff's or chief of 610
police's judgment are wanted for serious offenses, are fugitives 611
from justice, or in whose possession at the time of arrest are 612
found goods or property reasonably believed to have been stolen; 613
(2) Children arrested or otherwise taken into custody who 615
in that sheriff's or chief of police's judgment are fourteen 616
years of age or older and under eighteen years of age and have 618
committed an act that is WOULD BE a designated delinquent act or 619
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juvenile FELONY OR AN offense, as defined in section 109.57 of 621
the Revised Code; OF VIOLENCE IF COMMITTED BY AN ADULT. 622
(B) All persons in whose possession are found burglar 624
outfits, burglar tools, or burglar keys, or who have in their 625
possession high power explosives reasonably believed to be 626
intended to be used for unlawful purposes; 627
(C) Persons who are in possession of infernal machines or 629
other contrivances in whole or in part and reasonably believed by 630
the sheriff or chief of police to be intended to be used for 632
unlawful purposes; 633
(D) All persons carrying concealed firearms or other 635
deadly weapons reasonably believed to be carried for unlawful 636
purposes; 637
(E) All persons who have in their possession inks, dies, 639
paper, or other articles necessary in the making of counterfeit 640
bank notes or in the alteration of bank notes, or dies, molds, or 642
other articles necessary in the making of counterfeit money and 643
reasonably believed to be intended to be used by them for those 644
types of unlawful purposes.
Sec. 2151.18. (A)(1) The juvenile court shall maintain 653
records of all official cases brought before it, including an 654
appearance docket, a journal, and a cashbook. The court shall 655
maintain a separate docket for traffic cases and shall record all 657
traffic cases on the separate docket instead of on the general 659
appearance docket. The parents of any child affected, if they 660
are living, or the nearest of kin of the child, if the parents 661
are deceased, may inspect these records, either in person or by 662
counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of 664
the bureau of criminal identification and investigation, pursuant 665
to section 109.57 of the Revised Code, a weekly report containing 666
a summary of each case that has come before it and that involves 667
an adjudication that a child is a delinquent child for committing 668
a designated delinquent AN act or juvenile THAT WOULD BE A FELONY 669
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OR AN offense, as defined in section 109.57 of the Revised Code 670
VIOLENCE IF COMMITTED BY AN ADULT. 671
(B) The clerk of the court shall maintain a statistical 673
record that includes all of the following: 674
(1) The number of complaints that are filed with the court 676
that allege that a child is a delinquent child, in relation to 677
which the court determines under division (D) of section 2151.27 678
of the Revised Code that the victim of the alleged delinquent act 680
was sixty-five years of age or older or permanently and totally 681
disabled at the time of the alleged commission of the act; 682
(2) The number of complaints described in division (B)(1) 684
of this section that result in the child being adjudicated a 685
delinquent child; 686
(3) The number of complaints described in division (B)(2) 688
of this section in which the act upon which the delinquent child 689
adjudication is based caused property damage or would be a theft 690
offense, as defined in division (K) of section 2913.01 of the 691
Revised Code, if committed by an adult; 692
(4) The number of complaints described in division (B)(3) 694
of this section that result in the delinquent child being 695
required as an order of disposition made under division (A)(8)(b) 696
of section 2151.355 of the Revised Code to make restitution for 697
all or part of the property damage caused by his THE CHILD'S 698
delinquent act or for all or part of the value of the property 700
that was the subject of the delinquent act that would be a theft 701
offense if committed by an adult; 702
(5) The number of complaints described in division (B)(2) 704
of this section in which the act upon which the delinquent child 705
adjudication is based would have been an offense of violence if 706
committed by an adult; 707
(6) The number of complaints described in division (B)(5) 709
of this section that result in the delinquent child being 710
committed as an order of disposition made under division (A)(3), 711
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 712
17
any facility for delinquent children operated by the county, a 713
district, or a private agency or organization or to the 714
department of youth services; 715
(7) The number of complaints described in division (B)(1) 717
of this section that result in the case being transferred for 718
criminal prosecution to an appropriate court having jurisdiction 719
of the offense under section 2151.26 of the Revised Code. 720
(C) The clerk of the court shall compile an annual summary 722
covering the preceding calendar year showing all of the 723
information for that year contained in the statistical record 724
maintained under division (B) of this section. The statistical 725
record and the annual summary shall be public records open for 726
inspection. Neither the statistical record nor the annual 727
summary shall include the identity of any party to a case. 728
(D) Not later than June of each year, the court shall 730
prepare an annual report covering the preceding calendar year 731
showing the number and kinds of cases that have come before it, 732
the disposition of the cases, and any other data pertaining to 733
the work of the court that the juvenile judge directs. The court 735
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 736
print or cause to be printed copies of the report for 737
distribution to persons and agencies interested in the court or 739
community program for dependent, neglected, abused, or delinquent 740
children and juvenile traffic offenders. The court shall include 741
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 742
distribution. 743
Sec. 2151.313. (A)(1) Except as provided in division 752
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 754
of the Revised Code, no child shall be fingerprinted or 755
photographed in the investigation of any violation of law without 756
the consent of the juvenile judge. 757
(2) Subject to division (A)(3) of this section, a law 760
18
enforcement officer may fingerprint and photograph a child 761
without the consent of the juvenile judge when the child is 762
arrested or otherwise taken into custody for the commission of an 763
act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC 764
OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult, and 765
there is probable cause to believe that the child may have been 766
involved in the commission of the act. A law enforcement officer 767
who takes fingerprints or photographs of a child under division 768
(A)(2) of this section immediately shall inform the juvenile 769
court that the fingerprints or photographs were taken and shall 770
provide the court with the identity of the child, the number of 771
fingerprints and photographs taken, and the name and address of 772
each person who has custody and control of the fingerprints or 773
photographs or copies of the fingerprints or photographs. 774
(3) This section does not apply to a child who is fourteen 776
years of age or older and under eighteen years of age and to whom 777
either of the following applies: 778
(a) The child has been arrested or otherwise taken into 781
custody for committing, OR has been adjudicated a delinquent 782
child for committing, AN ACT THAT WOULD BE A FELONY IF COMMITTED 783
BY AN ADULT or has been convicted of or pleaded guilty to 784
committing a designated delinquent act or juvenile offense, as 785
defined in section 109.57 of the Revised Code FELONY. 786
(b) There is probable cause to believe that the child may 789
have committed a designated delinquent AN act or juvenile 792
offense, as defined in section 109.57 of the Revised Code THAT
WOULD BE A FELONY IF COMMITTED BY AN ADULT. 793
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 795
section, all fingerprints and photographs of a child obtained or 796
taken under division (A)(1) or (2) of this section, and any 797
records of the arrest or custody of the child that was the basis 798
for the taking of the fingerprints or photographs, initially may 799
be retained only until the expiration of thirty days after the 800
date taken, except that the court may limit the initial retention 801
19
of fingerprints and photographs of a child obtained under 802
division (A)(1) of this section to a shorter period of time and 803
except that, if the child is adjudicated a delinquent child for 804
the commission of an act described in division (B)(3) of this 805
section or is convicted of or pleads guilty to a criminal offense 806
for the commission of an act described in division (B)(3) of this 807
section, the fingerprints and photographs, and the records of the 808
arrest or custody of the child that was the basis for the taking 809
of the fingerprints and photographs, shall be retained in 810
accordance with division (B)(3) of this section. During the 811
initial period of retention, the fingerprints and photographs of 812
a child, copies of the fingerprints and photographs, and records 813
of the arrest or custody of the child shall be used or released 814
only in accordance with division (C) of this section. At the 815
expiration of the initial period for which fingerprints and 816
photographs of a child, copies of fingerprints and photographs of 817
a child, and records of the arrest or custody of a child may be 818
retained under this division, if no complaint is pending against 819
the child in relation to the act for which the fingerprints and 820
photographs originally were obtained or taken and if the child 821
has neither been adjudicated a delinquent child for the 822
commission of that act nor been convicted of or pleaded guilty to 823
a criminal offense based on that act subsequent to a transfer of 824
the child's case for criminal prosecution pursuant to section 825
2151.26 of the Revised Code, the fingerprints and photographs of 826
the child, all copies of the fingerprints and photographs, and 827
all records of the arrest or custody of the child that was the 828
basis of the taking of the fingerprints and photographs shall be 829
removed from the file and delivered to the juvenile court. 830
(2) If, at the expiration of the initial period of 832
retention set forth in division (B)(1) of this section, a 833
complaint is pending against the child in relation to the act for 834
which the fingerprints and photographs originally were obtained 835
or the child either has been adjudicated a delinquent child for 836
20
the commission of an act other than an act described in division 837
(B)(3) of this section or has been convicted of or pleaded guilty 838
to a criminal offense for the commission of an act other than an 839
act described in division (B)(3) of this section subsequent to 840
transfer of the child's case, the fingerprints and photographs of 841
the child, copies of the fingerprints and photographs, and the 842
records of the arrest or custody of the child that was the basis 843
of the taking of the fingerprints and photographs may further be 844
retained, subject to division (B)(4) of this section, until the 845
earlier of the expiration of two years after the date on which 846
the fingerprints or photographs were taken or the child attains 847
eighteen years of age, except that, if the child is adjudicated a 848
delinquent child for the commission of an act described in 849
division (B)(3) of this section or is convicted of or pleads 850
guilty to a criminal offense for the commission of an act 851
described in division (B)(3) of this section, the fingerprints 852
and photographs, and the records of the arrest or custody of the 853
child that was the basis for the taking of the fingerprints and 854
photographs, shall be retained in accordance with division (B)(3) 855
of this section. 856
Except as otherwise provided in division (B)(3) of this 858
section, during this additional period of retention, the 859
fingerprints and photographs of a child, copies of the 860
fingerprints and photographs of a child, and records of the 861
arrest or custody of a child shall be used or released only in 862
accordance with division (C) of this section. At the expiration 863
of the additional period, if no complaint is pending against the 864
child in relation to the act for which the fingerprints 865
originally were obtained or taken or in relation to another act 866
for which the fingerprints were used as authorized by division 867
(C) of this section and that would be a felony if committed by an 868
adult, the fingerprints of the child, all copies of the 869
fingerprints, and all records of the arrest or custody of the 870
child that was the basis of the taking of the fingerprints shall 871
21
be removed from the file and delivered to the juvenile court, 872
and, if no complaint is pending against the child concerning the 873
act for which the photographs originally were obtained or taken 874
or concerning an act that would be a felony if committed by an 875
adult, the photographs and all copies of the photographs, and, if 876
no fingerprints were taken at the time the photographs were 877
taken, all records of the arrest or custody that was the basis of 878
the taking of the photographs shall be removed from the file and 879
delivered to the juvenile court. In either case, if, at the 880
expiration of the applicable additional period, such a complaint 881
is pending against the child, the photographs and copies of the 882
photographs of the child, or the fingerprints and copies of the 883
fingerprints of the child, whichever is applicable, and the 884
records of the arrest or custody of the child may be retained, 885
subject to division (B)(4) of this section, until final 886
disposition of the complaint, and upon final disposition of the 887
complaint, they shall be removed from the file and delivered to 888
the juvenile court, except that, if the child is adjudicated a 889
delinquent child for the commission of an act described in 890
division (B)(3) of this section or is convicted of or pleads 891
guilty to a criminal offense for the commission of an act 892
described in division (B)(3) of this section, the fingerprints 893
and photographs, and the records of the arrest or custody of the 894
child that was the basis for the taking of the fingerprints and 895
photographs, shall be retained in accordance with division (B)(3) 896
of this section. 897
(3) If a child is adjudicated a delinquent child for the 899
commission of an act in violation of VIOLATING SECTION 2923.42 OF 900
THE REVISED CODE OR FOR COMMITTING AN ACT THAT WOULD BE A 901
MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, or is 902
convicted of or pleads guilty to a criminal offense for the 903
commission of an act that is a violation of, section 2903.01, 904
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 905
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 906
22
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 907
2921.34, or 2921.35 of the Revised Code, section 2913.02 2923.42 908
of the Revised Code involving the theft of a motor vehicle, 910
former section 2907.12 of the Revised Code, A MISDEMEANOR OFFENSE 911
OF VIOLENCE, or A VIOLATION OF an existing or former municipal 912
ordinance or law of this state, another state, or the United 914
States that is substantially equivalent to SECTION 2923.42 OF THE
REVISED CODE OR any of those sections MISDEMEANOR OFFENSE OF 916
VIOLENCE, both of the following apply: 917
(a) Originals and copies of fingerprints and photographs 919
of the child obtained or taken under division (A)(1) of this 920
section, and any records of the arrest or custody that was the 921
basis for the taking of the fingerprints or photographs, may be 922
retained for the period of time specified by the juvenile judge 923
in that judge's grant of consent for the taking of the 924
fingerprints or photographs. Upon the expiration of the 925
specified period, all originals and copies of the fingerprints, 926
photographs, and records shall be delivered to the juvenile court 927
or otherwise disposed of in accordance with any instructions 928
specified by the juvenile judge in that judge's grant of consent. 929
During the period of retention of the photographs and records, 930
all originals and copies of them shall be retained in a file 931
separate and apart from all photographs taken of adults. During 932
the period of retention of the fingerprints, all originals and 933
copies of them may be maintained in the files of fingerprints 934
taken of adults. If the juvenile judge who grants consent for 935
the taking of fingerprints and photographs under division (A)(1) 936
of this section does not specify a period of retention in that 937
judge's grant of consent, originals and copies of the 939
fingerprints, photographs, and records may be retained in 940
accordance with this section as if the fingerprints and 941
photographs had been taken under division (A)(2) of this section. 942
(b) Originals and copies of fingerprints and photographs 944
taken under division (A)(2) of this section, and any records of 945
23
the arrest or custody that was the basis for the taking of the 946
fingerprints or photographs, may be retained for the period of 947
time and in the manner specified in division (B)(3)(b) of this 949
section. Prior to the child's attainment of eighteen years of 950
age, all originals and copies of the photographs and records 951
shall be retained and shall be kept in a file separate and apart 952
from all photographs taken of adults. During the period of 953
retention of the fingerprints, all originals and copies of them 954
may be maintained in the files of fingerprints taken of adults. 955
Upon the child's attainment of eighteen years of age, all 956
originals and copies of the fingerprints, photographs, and 957
records shall be disposed of as follows: 958
(i) If the juvenile judge issues or previously has issued 960
an order that specifies a manner of disposition of the originals 961
and copies of the fingerprints, photographs, and records, they 962
shall be delivered to the juvenile court or otherwise disposed of 963
in accordance with the order. 964
(ii) If the juvenile judge does not issue and has not 966
previously issued an order that specifies a manner of disposition 967
of the originals and copies of the fingerprints not maintained in 968
adult files, photographs, and records, the law enforcement 969
agency, in its discretion, either shall remove all originals and 970
copies of them from the file in which they had been maintained 971
and transfer them to the files that are used for the retention of 972
fingerprints and photographs taken of adults who are arrested 973
for, otherwise taken into custody for, or under investigation for 974
the commission of a criminal offense or shall remove them from 975
the file in which they had been maintained and deliver them to 976
the juvenile court. If the originals and copies of any 977
fingerprints of a child who attains eighteen years of age are 978
maintained in the files of fingerprints taken of adults or if 979
pursuant to division (B)(3)(b)(ii) of this section the agency 981
transfers the originals and copies of any fingerprints not 982
maintained in adult files, photographs, or records to the files 983
24
that are used for the retention of fingerprints and photographs 984
taken of adults who are arrested for, otherwise taken into 985
custody for, or under investigation for the commission of a 986
criminal offense, the originals and copies of the fingerprints, 987
photographs, and records may be maintained, used, and released 988
after they are maintained in the adult files or after the 989
transfer as if the fingerprints and photographs had been taken 990
of, and as if the records pertained to, an adult who was arrested 991
for, otherwise taken into custody for, or under investigation for 992
the commission of a criminal offense. 993
(4) If a sealing or expungement order issued under section 995
2151.358 of the Revised Code requires the sealing or destruction 996
of any fingerprints or photographs of a child obtained or taken 997
under division (A)(1) or (2) of this section or of the records of 998
an arrest or custody of a child that was the basis of the taking 999
of the fingerprints or photographs prior to the expiration of any 1,000
period for which they otherwise could be retained under division 1,001
(B)(1), (2), or (3) of this section, the fingerprints, 1,002
photographs, and arrest or custody records that are subject to 1,003
the order and all copies of the fingerprints, photographs, and 1,004
arrest or custody records shall be sealed or destroyed in 1,005
accordance with the order. 1,006
(5) All fingerprints of a child, photographs of a child, 1,008
records of an arrest or custody of a child, and copies delivered 1,009
to a juvenile court in accordance with division (B)(1), (2), or 1,010
(3) of this section shall be destroyed by the court. 1,011
(6)(a) All photographs of a child and records of an arrest 1,013
or custody of a child retained pursuant to division (B) of this 1,014
section and not delivered to a juvenile court shall be kept in a 1,015
file separate and apart from fingerprints, photographs, and 1,016
records of an arrest or custody of an adult. All fingerprints of 1,017
a child retained pursuant to division (B) of this section and not 1,018
delivered to a juvenile court may be maintained in the files of 1,019
fingerprints taken of adults. 1,020
25
(b) If a child who is the subject of photographs or 1,022
fingerprints is adjudicated a delinquent child for the commission 1,023
of an act that would be a felony AN OFFENSE, OTHER THAN A TRAFFIC 1,024
OFFENSE OR A MINOR MISDEMEANOR, if committed by an adult or is 1,025
convicted of or pleads guilty to a criminal offense that is a 1,026
felony, OTHER THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, all 1,028
fingerprints not maintained in the files of fingerprints taken of 1,029
adults and all photographs of the child, and all records of the 1,030
arrest or custody of the child that is the basis of the taking of 1,031
the fingerprints or photographs, that are retained pursuant to 1,032
division (B) of this section and not delivered to a juvenile 1,033
court shall be kept in a file separate and apart from 1,034
fingerprints, photographs, and arrest and custody records of 1,035
children who have not been adjudicated a delinquent child for the 1,036
commission of an act that would be a felony AN OFFENSE, OTHER 1,037
THAN A TRAFFIC OFFENSE OR A MINOR MISDEMEANOR, if committed by an 1,038
adult and have not been convicted of or pleaded guilty to a 1,039
criminal offense that is a felony OTHER THAN A TRAFFIC OFFENSE OR 1,040
A MINOR MISDEMEANOR.
(C) Until they are delivered to the juvenile court or 1,042
sealed, transferred in accordance with division (B)(3)(b) of this 1,043
section, or destroyed pursuant to a sealing or expungement order, 1,044
the originals and copies of fingerprints and photographs of a 1,045
child that are obtained or taken pursuant to division (A)(1) or 1,046
(2) of this section, and the records of the arrest or custody of 1,047
the child that was the basis of the taking of the fingerprints or 1,048
photographs, shall be used or released only as follows: 1,049
(1) During the initial thirty-day period of retention, 1,051
originals and copies of fingerprints and photographs of a child, 1,052
and records of the arrest or custody of a child, shall be used, 1,053
prior to the filing of a complaint against the child in relation 1,054
to the act for which the fingerprints and photographs were 1,055
originally obtained or taken, only for the investigation of that 1,056
act and shall be released, prior to the filing of the complaint, 1,057
26
only to a court that would have jurisdiction of the child's case 1,058
under this chapter. Subsequent to the filing of a complaint, 1,059
originals and copies of fingerprints and photographs of a child, 1,060
and records of the arrest or custody of a child, shall be used or 1,061
released during the initial thirty-day period of retention only 1,062
as provided in division (C)(2)(a), (b), or (c) of this section. 1,063
(2) Originals and copies of fingerprints and photographs 1,065
of a child, and records of the arrest or custody of a child, that 1,066
are retained beyond the initial thirty-day period of retention 1,067
subsequent to the filing of a complaint, a delinquent child 1,068
adjudication, or a conviction of or guilty plea to a criminal 1,069
offense shall be used or released only as follows: 1,070
(a) Originals and copies of photographs of a child, and, 1,072
if no fingerprints were taken at the time the photographs were 1,073
taken, records of the arrest or custody of the child that was the 1,074
basis of the taking of the photographs, may be used only as 1,075
follows: 1,076
(i) They may be used for the investigation of the act for 1,078
which they originally were obtained or taken; if the child who is 1,079
the subject of the photographs is a suspect in the investigation, 1,080
for the investigation of any act that would be an offense if 1,081
committed by an adult; and for arresting or bringing the child 1,082
into custody. 1,083
(ii) If the child who is the subject of the photographs is 1,085
adjudicated a delinquent child for the commission of an act that 1,086
would be a felony if committed by an adult or is convicted of or 1,087
pleads guilty to a criminal offense that is a felony as a result 1,088
of the arrest or custody that was the basis of the taking of the 1,089
photographs, a law enforcement officer may use the photographs 1,090
for a photo line-up conducted as part of the investigation of any 1,091
act that would be a felony if committed by an adult, whether or 1,092
not the child who is the subject of the photographs is a suspect 1,093
in the investigation. No later than ninety days after a law 1,094
enforcement officer uses the photographs in a photo line-up, the 1,095
27
officer shall return them to the file from which the officer 1,096
obtained them. 1,097
(b) Originals and copies of fingerprints of a child, and 1,099
records of the arrest or custody of the child that was the basis 1,100
of the taking of the fingerprints, may be used only for the 1,101
investigation of the act for which they originally were obtained 1,102
or taken; if a child is a suspect in the investigation, for the 1,103
investigation of another act that would be an offense if 1,104
committed by an adult; and for arresting or bringing the child 1,105
into custody. 1,106
(c) Originals and copies of fingerprints, photographs, and 1,108
records of the arrest or custody that was the basis of the taking 1,109
of the fingerprints or photographs shall be released only to the 1,110
following: 1,111
(i) Law enforcement officers of this state or a political 1,113
subdivision of this state, upon notification to the juvenile 1,114
court of the name and address of the law enforcement officer or 1,115
agency to whom or to which they will be released; 1,116
(ii) A court that has jurisdiction of the child's case 1,118
under Chapter 2151. of the Revised Code or subsequent to a 1,119
transfer of the child's case for criminal prosecution pursuant to 1,120
section 2151.26 of the Revised Code. 1,121
(D) No person shall knowingly do any of the following: 1,123
(1) Fingerprint or photograph a child in the investigation 1,125
of any violation of law other than as provided in division (A)(1) 1,126
or (2) of this section or in sections 109.57, 109.60, and 109.61 1,127
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 1,129
or taken under division (A)(1) or (2) of this section, copies of 1,130
fingerprints or photographs of that nature, or records of the 1,132
arrest or custody that was the basis of the taking of 1,133
fingerprints or photographs of that nature other than in 1,134
accordance with division (B) of this section; 1,136
(3) Use or release fingerprints or photographs of a child 1,138
28
obtained or taken under division (A)(1) or (2) of this section, 1,139
copies of fingerprints or photographs of that nature, or records 1,141
of the arrest or custody that was the basis of the taking of 1,142
fingerprints or photographs of that nature other than in 1,143
accordance with division (B) or (C) of this section. 1,144
Sec. 2151.355. (A) If a child is adjudicated a delinquent 1,153
child, the court may make any of the following orders of 1,155
disposition:
(1) Any order that is authorized by section 2151.353 of 1,157
the Revised Code; 1,158
(2) Place the child on probation under any conditions that 1,160
the court prescribes. If the child is adjudicated a delinquent 1,161
child for violating section 2909.05, 2909.06, or 2909.07 of the 1,163
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 1,164
make restitution for the property damage caused by the child's 1,165
violation as a condition of the child's probation. If the child 1,167
is adjudicated a delinquent child because the child violated any 1,168
other section of the Revised Code, the court may require the 1,169
child as a condition of the child's probation to make restitution 1,170
for the property damage caused by the child's violation and for 1,171
the value of the property that was the subject of the violation 1,172
the child committed if it would be a theft offense, as defined in 1,173
division (K) of section 2913.01 of the Revised Code, if committed 1,174
by an adult. The restitution may be in the form of a cash 1,175
reimbursement paid in a lump sum or in installments, the 1,176
performance of repair work to restore any damaged property to its 1,177
original condition, the performance of a reasonable amount of 1,178
labor for the victim approximately equal to the value of the 1,179
property damage caused by the child's violation or to the value 1,180
of the property that is the subject of the violation if it would 1,181
be a theft offense if committed by an adult, the performance of 1,182
community service or community work, any other form of 1,183
restitution devised by the court, or any combination of the 1,184
29
previously described forms of restitution.
If the child is adjudicated a delinquent child for 1,186
violating a law of this state or the United States, or an 1,187
ordinance or regulation of a political subdivision of this state, 1,188
that would be a crime if committed by an adult or for violating 1,190
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 1,192
probation that the court imposes upon the delinquent child 1,194
pursuant to division (A)(2) of this section, shall require the 1,195
child as a condition of the child's probation to abide by the law 1,196
during the period of probation, including, but not limited to, 1,197
complying with the provisions of Chapter 2923. of the Revised 1,198
Code relating to the possession, sale, furnishing, transfer, 1,199
disposition, purchase, acquisition, carrying, conveying, or use 1,200
of, or other conduct involving a firearm or dangerous ordnance, 1,201
as defined in section 2923.11 of the Revised Code. 1,202
(3) Commit the child to the temporary custody of any 1,204
school, camp, institution, or other facility operated for the 1,206
care of delinquent children by the county, by a district 1,207
organized under section 2151.34 or 2151.65 of the Revised Code, 1,208
or by a private agency or organization, within or without the 1,209
state, that is authorized and qualified to provide the care, 1,210
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 1,212
committing an act that would be a felony of the third, fourth, or 1,213
fifth degree if committed by an adult or for violating division 1,215
(A) of section 2923.211 of the Revised Code, commit the child to 1,216
the legal custody of the department of youth services for 1,217
institutionalization for an indefinite term consisting of a 1,218
minimum period of six months and a maximum period not to exceed 1,219
the child's attainment of twenty-one years of age; 1,220
(5)(a) If the child is adjudicated a delinquent child for 1,222
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 1,223
division (A) of section 2903.04 of the Revised Code or for 1,224
30
violating any provision of section 2907.02 of the Revised Code 1,225
other than division (A)(1)(b) of that section when the sexual 1,227
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 1,229
than the delinquent child, was the same age as the delinquent 1,230
child, or was less than three years younger than the delinquent 1,231
child, commit the child to the legal custody of the department of 1,232
youth services for institutionalization in a secure facility for 1,233
an indefinite term consisting of a minimum period of one to three 1,234
years, as prescribed by the court, and a maximum period not to 1,235
exceed the child's attainment of twenty-one years of age; 1,236
(b) If the child is adjudicated a delinquent child for 1,239
violating section 2923.02 of the Revised Code and if the 1,240
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 1,242
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 1,243
consisting of a minimum period of six to seven years, as 1,244
prescribed by the court, and a maximum period not to exceed the 1,245
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 1,247
committing an act that is not described in division (A)(5)(a) or 1,248
(b) of this section and that would be a felony of the first or 1,249
second degree if committed by an adult, commit the child to the 1,250
legal custody of the department of youth services for 1,251
institutionalization in a secure facility for an indefinite term 1,252
consisting of a minimum period of one year and a maximum period 1,253
not to exceed the child's attainment of twenty-one years of age;. 1,254
(6) If the child is adjudicated a delinquent child for 1,256
committing a violation of section 2903.01 or 2903.02 of the 1,257
Revised Code, commit the child to the legal custody of the 1,259
department of youth services for institutionalization in a secure 1,260
facility until the child's attainment of twenty-one years of age; 1,261
(7)(a) If the child is adjudicated a delinquent child for 1,264
31
committing an act, other than a violation of section 2923.12 of 1,265
the Revised Code, that would be a felony if committed by an adult 1,266
and is committed to the legal custody of the department of youth 1,267
services pursuant to division (A)(4), (5), or (6) of this section 1,268
and if the court determines that the child, if the child was an 1,269
adult, would be guilty of a specification of the type set forth 1,270
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 1,271
Revised Code in relation to the act for which the child was 1,272
adjudicated a delinquent child, commit the child to the legal 1,273
custody of the department of youth services for
institutionalization in a secure facility for the following 1,274
period of time, subject to division (A)(7)(b)(c) of this section: 1,275
(i) If the child would be guilty of a specification of the 1,277
type set forth in section 2941.141 of the Revised Code, a period 1,278
of one year; 1,279
(ii) If the child would be guilty of a specification of 1,281
the type set forth in section 2941.144, 2941.145, or 2941.146 of 1,282
the Revised Code, a period of three years. 1,283
(b) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 1,285
COMMITTING A CATEGORY ONE OFFENSE OR A CATEGORY TWO OFFENSE AND 1,286
IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 1,287
SERVICES PURSUANT TO DIVISION (A)(5) OR (6) OF THIS SECTION AND 1,288
IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN 1,289
ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH 1,290
IN SECTION 2941.142 OF THE REVISED CODE IN RELATION TO THE ACT 1,291
FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT 1,292
SHALL COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 1,294
YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR
A PERIOD OF NOT LESS THAN ONE YEAR OR MORE THAN THREE YEARS, 1,295
SUBJECT TO DIVISION (A)(7)(c) OF THIS SECTION. 1,297
(c) The court shall not commit a child to the legal 1,300
custody of the department of youth services pursuant to division 1,301
(A)(7)(a) OR (b) of this section for a period of time that 1,303
exceeds three years. The period of commitment imposed pursuant 1,304
32
to division (A)(7)(a) OR (b) of this section shall be in addition 1,306
to, and shall be served consecutively with and prior to, a period 1,307
of commitment ordered pursuant to division (A)(4), (5), or (6) of 1,308
this section, provided that the total of all the periods of 1,309
commitment shall not exceed the child's attainment of twenty-one 1,310
years of age.
(8)(a) Impose a fine and costs in accordance with the 1,313
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 1,315
of the property damage caused by the child's delinquent act and 1,316
for all or part of the value of the property that was the subject 1,317
of any delinquent act the child committed that would be a theft 1,318
offense, as defined in division (K) of section 2913.01 of the 1,319
Revised Code, if committed by an adult. If the court determines 1,320
that the victim of the child's delinquent act was sixty-five 1,321
years of age or older or permanently and totally disabled at the 1,322
time of the commission of the act, the court, regardless of 1,323
whether or not the child knew the age of the victim, shall 1,324
consider that fact in favor of imposing restitution, but that 1,325
fact shall not control the decision of the court. The 1,326
restitution may be in the form of a cash reimbursement paid in a 1,327
lump sum or in installments, the performance of repair work to 1,328
restore any damaged property to its original condition, the 1,329
performance of a reasonable amount of labor for the victim, the 1,330
performance of community service or community work, any other 1,331
form of restitution devised by the court, or any combination of 1,332
the previously described forms of restitution. 1,333
(9) Subject to division (D) of this section, suspend or 1,336
revoke the driver's license or temporary instruction permit 1,337
issued to the child or suspend or revoke the registration of all 1,338
motor vehicles registered in the name of the child; 1,339
(10) If the child is adjudicated a delinquent child for 1,341
committing an act that, if committed by an adult, would be a 1,343
criminal offense that would qualify the adult as an eligible
33
offender pursuant to division (A)(3) of section 2929.23 of the 1,344
Revised Code, impose a period of electronically monitored house 1,345
detention in accordance with division (I) of this section that 1,347
does not exceed the maximum sentence of imprisonment that could 1,348
be imposed upon an adult who commits the same act; 1,349
(11) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 1,351
VIOLATING SECTION 2923.42 OF THE REVISED CODE, THE COURT MAY 1,354
COMMIT THE CHILD AS AUTHORIZED IN DIVISION (A)(3) OR (5)(c) OF 1,357
THIS SECTION OR MAY PLACE THE CHILD UNDER ONE OR MORE OF THE 1,358
FOLLOWING NONRESIDENTIAL SANCTIONS:
(i) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 1,360
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR OTHER 1,361
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 1,362
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 1,363
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 1,364
(ii) A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IN 1,367
ACCORDANCE WITH DIVISION (I) OF THIS SECTION; 1,368
(iii) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 1,371
HOURS;
(iv) A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM WITH 1,374
A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY THE 1,375
COURT;
(v) A PERIOD OF INTENSIVE SUPERVISION, IN WHICH THE CHILD 1,378
IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON APPOINTED 1,379
BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS SEEKING OR 1,380
MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, EDUCATION, 1,381
AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 1,382
(vi) A PERIOD OF BASIC SUPERVISION, IN WHICH THE CHILD IS 1,385
REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO SUPERVISE 1,386
THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE COURT; 1,387
(vii) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 1,390
(viii) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 1,393
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 1,394
(ix) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 1,397
34
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, OR EMPLOYMENT; 1,398
(x) A SUSPENSION OF THE CHILD'S DRIVER'S LICENSE OR 1,400
TEMPORARY INSTRUCTION PERMIT PURSUANT TO DIVISION (A)(9) OF THIS 1,402
SECTION;
(xi) IF THE COURT OBTAINS THE ASSENT OF THE VICTIM OF THE 1,405
CRIMINAL ACT COMMITTED BY THE CHILD, A REQUIREMENT THAT THE CHILD 1,406
PARTICIPATE IN A RECONCILIATION OR MEDIATION PROGRAM THAT 1,407
INCLUDES A MEETING IN WHICH THE CHILD AND THE VICTIM MAY DISCUSS 1,408
THE CRIMINAL ACT, DISCUSS RESTITUTION, AND CONSIDER OTHER 1,409
SANCTIONS FOR THE CRIMINAL ACT.
(12) Commit the child to the temporary or permanent 1,411
custody of the court; 1,412
(12)(13) Make any further disposition that the court finds 1,414
proper, except that the child shall not be placed in any of the 1,415
following:
(a) A state correctional institution, a county, 1,418
multicounty, or municipal jail or workhouse, or another place in 1,419
which an adult convicted of a crime, under arrest, or charged 1,420
with a crime is held;
(b) A community corrections facility, if the child would 1,423
be covered by the definition of public safety beds for purposes 1,424
of sections 5139.41 to 5139.45 of the Revised Code if the court 1,425
exercised its authority to commit the child to the legal custody 1,426
of the department of youth services for institutionalization or 1,427
institutionalization in a secure facility pursuant to division 1,428
(A)(4), (5), or (6) of this section. As used in division 1,429
(A)(12)(b) of this section, "community corrections facility" and 1,430
"public safety beds" have the same meanings as in section 5139.01 1,431
of the Revised Code. 1,432
(B)(1) If a child is adjudicated a delinquent child for 1,435
violating section 2923.32 of the Revised Code, the court, in 1,436
addition to any order of disposition it makes for the child under 1,437
division (A) of this section, shall enter an order of criminal 1,438
forfeiture against the child, in accordance with divisions 1,439
35
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 1,440
the Revised Code.
(2) If a child is adjudicated a delinquent child for 1,443
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 1,444
adjudication orders the commitment of the child, for two or more 1,445
of those acts, to the legal custody of the department of youth 1,446
services for institutionalization or institutionalization in a 1,447
secure facility pursuant to division (A)(4), (5), or (6) of this 1,448
section, the court may order that all of the periods of 1,449
commitment imposed under those divisions for those acts be served 1,451
consecutively in the legal custody of the department of youth 1,452
services and, if applicable, be in addition to and commence 1,453
immediately following the expiration of a period of commitment 1,454
that the court imposes pursuant to division (A)(7) of this 1,455
section. A court shall not commit a delinquent child to the 1,456
legal custody of the department of youth services under division 1,457
(B)(2) of this section for a period that exceeds the child's 1,458
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 1,460
committing an act that, if committed by an adult, would be a drug 1,462
abuse offense, as defined in section 2925.01 of the Revised Code, 1,463
or for violating division (B) of section 2917.11 of the Revised 1,464
Code, in addition to imposing in its discretion any other order 1,465
of disposition authorized by this section, the court shall do 1,466
both of the following:
(1) Require the child to participate in a drug abuse or 1,468
alcohol abuse counseling program; 1,469
(2) Suspend or revoke the temporary instruction permit or 1,471
probationary operator's license issued to the child until the 1,472
child attains eighteen years of age or attends, at the discretion 1,474
of the court, and satisfactorily completes, a drug abuse or 1,475
alcohol abuse education, intervention, or treatment program 1,476
specified by the court. During the time the child is attending 1,477
36
the program, the court shall retain any temporary instruction 1,478
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 1,479
completes the program. 1,480
(D) If a child is adjudicated a delinquent child for 1,483
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 1,485
division (A), (B), or (C) of this section, shall revoke the 1,487
temporary instruction permit and deny the child the issuance of 1,488
another temporary instruction permit in accordance with division 1,489
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 1,492
nonresident operating privilege of the child or deny the child 1,493
the issuance of a probationary driver's license, restricted 1,494
license, or temporary instruction permit in accordance with 1,495
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 1,496
Revised Code.
(E)(1) At the dispositional hearing and prior to making 1,498
any disposition pursuant to division (A) of this section, the 1,499
court shall determine whether a victim of the delinquent act 1,500
committed by the child was five years of age or younger at the 1,501
time the delinquent act was committed, whether a victim of the 1,502
delinquent act sustained physical harm to the victim's person 1,503
during the commission of or otherwise as a result of the 1,504
delinquent act, whether a victim of the delinquent act was 1,505
sixty-five years of age or older or permanently and totally 1,506
disabled at the time the delinquent act was committed, and 1,507
whether the delinquent act would have been an offense of violence 1,508
if committed by an adult. If the victim was five years of age or 1,509
younger at the time the delinquent act was committed, sustained 1,510
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 1,511
years of age or older or permanently and totally disabled at the 1,513
time the act was committed, regardless of whether the child knew 1,514
37
the age of the victim, and if the act would have been an offense 1,515
of violence if committed by an adult, the court shall consider 1,516
those facts in favor of imposing commitment under division 1,517
(A)(3), (4), (5), or (6) of this section, but those facts shall 1,518
not control the court's decision.
(2) At the dispositional hearing and prior to making any 1,520
disposition pursuant to division (A)(4), (5), or (6) of this 1,521
section, the court shall determine whether the delinquent child 1,522
previously has been adjudicated a delinquent child for a 1,523
violation of a law or ordinance. If the delinquent child 1,524
previously has been adjudicated a delinquent child for a 1,525
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 1,526
this section, shall consider the previous delinquent child 1,528
adjudication as a conviction of a violation of the law or 1,529
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 1,530
(F)(1) When a juvenile court commits a delinquent child to 1,532
the custody of the department of youth services pursuant to this 1,533
section, the court shall not designate the specific institution 1,534
in which the department is to place the child but instead shall 1,536
specify that the child is to be institutionalized or that the 1,537
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 1,538
(2) When a juvenile court commits a delinquent child to 1,540
the custody of the department of youth services, the court shall 1,541
provide the department with the child's social history, the 1,542
child's medical records, a copy of the report of any mental 1,543
examination of the child ordered by the court, the section or 1,544
sections of the Revised Code violated by the child and the degree 1,545
of the violation, the warrant to convey the child to the 1,546
department, and a copy of the court's journal entry ordering the 1,547
commitment of the child to the legal custody of the department. 1,548
The department may refuse to accept physical custody of a 1,549
38
delinquent child who is committed to the legal custody of the 1,550
department until the court provides to the department the 1,551
documents specified in division (F)(2) of this section. No 1,552
officer or employee of the department who refuses to accept 1,554
physical custody of a delinquent child who is committed to the 1,556
legal custody of the department shall be subject to prosecution 1,557
or contempt of court for the refusal if the court fails to 1,558
provide the documents specified in division (F)(2) of this 1,560
section at the time the court transfers the physical custody of 1,561
the child to the department.
(3) Within five working days after the juvenile court 1,563
commits a delinquent child to the custody of the department of 1,564
youth services, the court shall provide the department with a 1,565
copy of the arrest record pertaining to the act for which the 1,566
child was adjudicated a delinquent child, a copy of any victim 1,567
impact statement pertaining to that act, and any other 1,568
information concerning the child that the department reasonably 1,569
requests. Within twenty working days after the department of 1,570
youth services receives physical custody of a delinquent child 1,571
from a juvenile court, the court shall provide the department 1,572
with a certified copy of the child's birth certificate or the 1,574
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 1,575
unsuccessful, the court shall provide the department with 1,576
documentation of the efforts it made to obtain the information. 1,577
(4) When a juvenile court commits a delinquent child to 1,579
the custody of the department of youth services, the court shall 1,580
give notice to the school attended by the child of the child's 1,581
commitment by sending to that school a copy of the court's 1,582
journal entry ordering the commitment. As soon as possible after 1,583
receipt of the notice described in this division, the school 1,584
shall provide the department with the child's school transcript. 1,585
However, the department shall not refuse to accept a child 1,586
committed to it, and a child committed to it shall not be held in 1,587
39
a county or district detention home, because of a school's 1,588
failure to provide the school transcript that it is required to 1,589
provide under division (F)(4) of this section. 1,590
(5) The department of youth services shall provide the 1,592
court and the school with an updated copy of the child's school 1,593
transcript and shall provide the court with a summary of the 1,594
institutional record of the child when it releases the child from 1,595
institutional care. The department also shall provide the court 1,596
with a copy of any portion of the child's institutional record 1,597
that the court specifically requests within five working days of 1,598
the request.
(6) When a juvenile court commits a delinquent child to 1,600
the custody of the department of youth services pursuant to 1,601
division (A)(4) or (5) of this section, the court shall state in 1,602
the order of commitment the total number of days that the child 1,603
has been held, as of the date of the issuance of the order, in 1,604
detention in connection with the delinquent child complaint upon 1,605
which the order of commitment is based. The department shall 1,607
reduce the minimum period of institutionalization or minimum 1,608
period of institutionalization in a secure facility specified in 1,609
division (A)(4) or (5) of this section by both the total number 1,610
of days that the child has been so held in detention as stated by 1,611
the court in the order of commitment and the total number of any 1,612
additional days that the child has been held in detention 1,613
subsequent to the order of commitment but prior to the transfer 1,614
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 1,617
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 1,618
entitled to a recovery under any of the following sections, of 1,619
the right of the victims to recover, pursuant to section 3109.09 1,620
of the Revised Code, compensatory damages from the child's 1,621
parents; of the right of the victims to recover, pursuant to 1,622
section 3109.10 of the Revised Code, compensatory damages from 1,623
40
the child's parents for willful and malicious assaults committed 1,624
by the child; and of the right of the victims to recover an award 1,625
of reparations pursuant to sections 2743.51 to 2743.72 of the 1,626
Revised Code. 1,627
(2) If a child is adjudicated a delinquent child for 1,630
committing an act that, if committed by an adult, would be 1,631
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 1,632
involuntary manslaughter, a felony of the first or second degree 1,634
resulting in the death of or physical harm to a person, 1,635
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 1,636
or was substantially equivalent to any of those offenses and if 1,637
the court in its order of disposition for that act commits the 1,638
child to the custody of the department of youth services, the 1,639
court may make a specific finding that the adjudication should be 1,640
considered a conviction for purposes of a determination in the 1,641
future, pursuant to Chapter 2929. of the Revised Code, as to 1,642
whether the child is a repeat violent offender as defined in 1,643
section 2929.01 of the Revised Code. If the court makes a 1,644
specific finding as described in this division, it shall include 1,645
the specific finding in its order of disposition and in the 1,646
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 1,648
committing an act that would be a felony if committed by an adult 1,650
and if the child caused, attempted to cause, threatened to cause, 1,651
or created the risk of physical harm to the victim of the act, 1,652
the court, prior to issuing an order of disposition under this 1,653
section, shall order the preparation of a victim impact statement 1,654
by the probation department of the county in which the victim of 1,655
the act resides, by the court's own probation department, or by a 1,656
victim assistance program that is operated by the state, a 1,657
county, a municipal corporation, or another governmental entity. 1,658
The court shall consider the victim impact statement in 1,659
41
determining the order of disposition to issue for the child. 1,660
(2) Each victim impact statement shall identify the victim 1,662
of the act for which the child was adjudicated a delinquent 1,663
child, itemize any economic loss suffered by the victim as a 1,664
result of the act, identify any physical injury suffered by the 1,665
victim as a result of the act and the seriousness and permanence 1,666
of the injury, identify any change in the victim's personal 1,667
welfare or familial relationships as a result of the act and any 1,668
psychological impact experienced by the victim or the victim's 1,669
family as a result of the act, and contain any other information 1,670
related to the impact of the act upon the victim that the court 1,671
requires. 1,672
(3) A victim impact statement shall be kept confidential 1,674
and is not a public record, as defined in section 149.43 of the 1,675
Revised Code. However, the court may furnish copies of the 1,676
statement to the department of youth services pursuant to 1,677
division (F)(3) of this section or to both the adjudicated 1,678
delinquent child or the adjudicated delinquent child's counsel 1,679
and the prosecuting attorney. The copy of a victim impact 1,681
statement furnished by the court to the department pursuant to 1,682
division (F)(3) of this section shall be kept confidential and is 1,683
not a public record, as defined in section 149.43 of the Revised 1,684
Code. The copies of a victim impact statement that are made 1,685
available to the adjudicated delinquent child or the adjudicated 1,686
delinquent child's counsel and the prosecuting attorney pursuant 1,688
to division (H)(3) of this section shall be returned to the court 1,691
by the person to whom they were made available immediately 1,692
following the imposition of an order of disposition for the child 1,693
under this section.
(I)(1) As used in this division (I)(2) OF THIS SECTION, 1,696
"felony drug abuse offense" has the same meaning as in section 1,697
2925.01 of the Revised Code. 1,698
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 1,700
to children who are adjudicated or could be adjudicated by a 1,701
42
juvenile court to be delinquent children for an act that, if 1,702
committed by an adult, would be a felony drug abuse offense. 1,703
Subject to division (B) of section 2925.42 and division (E) of 1,704
section 2925.43 of the Revised Code, a delinquent child of that 1,705
nature loses any right to the possession of, and forfeits to the 1,706
state any right, title, and interest that the delinquent child 1,707
may have in, property as defined in section 2925.41 and further 1,709
described in section 2925.42 or 2925.43 of the Revised Code. 1,710
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 1,713
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A 1,714
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 1,715
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 1,717
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 1,718
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT 1,719
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 1,720
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 1,721
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 1,722
(J)(1) As used in this section: 1,724
(a) "Electronic monitoring device," "certified electronic 1,726
monitoring device," "electronic monitoring system," and 1,727
"certified electronic monitoring system" have the same meanings 1,728
as in section 2929.23 of the Revised Code. 1,729
(b) "Electronically monitored house detention" means a 1,731
period of confinement of a child in the child's home or in other 1,732
premises specified by the court, during which period of 1,734
confinement all of the following apply: 1,735
(i) The child wears, otherwise has attached to the child's 1,737
person, or otherwise is subject to monitoring by a certified 1,738
electronic monitoring device or is subject to monitoring by a 1,739
certified electronic monitoring system. 1,740
(ii) The child is required to remain in the child's home 1,742
or other premises specified by the court for the specified period 1,743
of confinement, except for periods of time during which the child 1,744
43
is at school or at other premises as authorized by the court. 1,745
(iii) The child is subject to monitoring by a central 1,747
system that monitors the certified electronic monitoring device 1,748
that is attached to the child's person or that otherwise is being 1,749
used to monitor the child and that can monitor and determine the 1,751
child's location at any time or at a designated point in time, or 1,752
the child is required to participate in monitoring by a certified 1,754
electronic monitoring system. 1,755
(iv) The child is required by the court to report 1,757
periodically to a person designated by the court. 1,758
(v) The child is subject to any other restrictions and 1,760
requirements that may be imposed by the court. 1,761
(2) A juvenile court, pursuant to division (A)(10) of this 1,763
section, may impose a period of electronically monitored house 1,764
detention upon a child who is adjudicated a delinquent child for 1,765
committing an act that, if committed by an adult, would be a 1,766
criminal offense that would qualify the adult as an eligible 1,767
offender pursuant to division (A)(3) of section 2929.23 of the 1,768
Revised Code. The court may impose a period of electronically 1,769
monitored house detention in addition to or in lieu of any other 1,770
dispositional order imposed upon the child, except that any 1,771
period of electronically monitored house detention shall not 1,772
extend beyond the child's eighteenth birthday. If a court 1,773
imposes a period of electronically monitored house detention upon 1,774
a child, it shall require the child to wear, otherwise have 1,775
attached to the child's person, or otherwise be subject to 1,776
monitoring by a certified electronic monitoring device or to 1,778
participate in the operation of and monitoring by a certified 1,779
electronic monitoring system; to remain in the child's home or 1,780
other specified premises for the entire period of electronically 1,782
monitored house detention except when the court permits the child 1,783
to leave those premises to go to school or to other specified 1,784
premises; to be monitored by a central system that monitors the 1,785
certified electronic monitoring device that is attached to the 1,786
44
child's person or that otherwise is being used to monitor the 1,787
child and that can monitor and determine the child's location at 1,788
any time or at a designated point in time or to be monitored by 1,789
the certified electronic monitoring system; to report 1,790
periodically to a person designated by the court; and, in return 1,791
for receiving a dispositional order of electronically monitored 1,792
house detention, to enter into a written contract with the court 1,793
agreeing to comply with all restrictions and requirements imposed 1,794
by the court, agreeing to pay any fee imposed by the court for 1,795
the costs of the electronically monitored house detention imposed 1,796
by the court pursuant to division (E) of section 2929.23 of the 1,797
Revised Code, and agreeing to waive the right to receive credit 1,798
for any time served on electronically monitored house detention 1,799
toward the period of any other dispositional order imposed upon 1,800
the child for the act for which the dispositional order of 1,801
electronically monitored house detention was imposed if the child 1,802
violates any of the restrictions or requirements of the 1,803
dispositional order of electronically monitored house detention. 1,804
The court also may impose other reasonable restrictions and 1,805
requirements upon the child.
(3) If a child violates any of the restrictions or 1,807
requirements imposed upon the child as part of the child's 1,808
dispositional order of electronically monitored house detention, 1,809
the child shall not receive credit for any time served on 1,810
electronically monitored house detention toward any other 1,811
dispositional order imposed upon the child for the act for which 1,812
the dispositional order of electronically monitored house 1,814
detention was imposed.
(K) Within ten days after completion of the adjudication, 1,816
the court shall give written notice of an adjudication that a 1,817
child is a delinquent child to the superintendent of a city, 1,818
local, exempted village, or joint vocational school district if 1,819
the basis of the adjudication was the commission of an act that 1,820
would be a criminal offense if committed by an adult and that was 1,821
45
committed by the delinquent child when the child was sixteen 1,822
years of age or older and if the act is any of the following: 1,823
(1) A violation of section 2923.122 of the Revised Code 1,825
that relates to property owned or controlled by, or to an 1,826
activity held under the auspices of, the board of education of 1,827
that school district; 1,828
(2) A violation of section 2923.12 of the Revised Code or 1,830
of a substantially similar municipal ordinance that was committed 1,831
on property owned or controlled by, or at an activity held under 1,832
the auspices of, the board of education of that school district; 1,833
(3) A violation of division (A) of section 2925.03 or 1,835
2925.11 of the Revised Code that was committed on property owned 1,836
or controlled by, or at an activity held under the auspices of, 1,837
the board of education of that school district and that is not a 1,838
minor drug possession offense as defined in section 2925.01 of 1,839
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 1,841
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1,843
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 1,844
at an activity held under the auspices of, the board of education 1,845
of that school district, if the victim at the time of the 1,847
commission of the act was an employee of the board of education 1,848
of that school district;
(5) Complicity in any violation described in division 1,850
(K)(1), (2), (3), or (4) of this section that was alleged to have 1,852
been committed in the manner described in division (K)(1), (2), 1,853
(3), or (4) of this section, regardless of whether the act of 1,855
complicity was committed on property owned or controlled by, or 1,856
at an activity held under the auspices of, the board of education 1,857
of that school district. 1,858
(L) During the period of a delinquent child's probation 1,860
granted under division (A)(2) of this section, authorized 1,863
probation officers who are engaged within the scope of their 1,864
46
supervisory duties or responsibilities may search, with or 1,865
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 1,866
another item of tangible or intangible personal property, or 1,867
other real property in which the delinquent child has a right, 1,868
title, or interest or for which the delinquent child has the 1,869
express or implied permission of a person with a right, title, or 1,870
interest to use, occupy, or possess if the probation officers 1,871
have reasonable grounds to believe that the delinquent child is 1,872
not abiding by the law or otherwise is not complying with the 1,873
conditions of the delinquent child's probation. The court that 1,874
places a delinquent child on probation under division (A)(2) of 1,875
this section shall provide the delinquent child with a written 1,876
notice that informs the delinquent child that authorized 1,877
probation officers who are engaged within the scope of their 1,878
supervisory duties or responsibilities may conduct those types of 1,880
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 1,881
the law or otherwise is not complying with the conditions of the 1,882
delinquent child's probation. The court also shall provide the 1,883
written notice described in division (C)(2)(b) of section 1,884
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 1,885
(C)(2)(a) of that section. 1,886
(M) THIS IS AN INTERIM VERSION EFFECTIVE UNTIL JULY 1, 1,888
1998. 1,889
Sec. 2151.356. (A) Unless division (C) of this section 1,898
applies, if a child is adjudicated a juvenile traffic offender, 1,899
the court may make any of the following orders of disposition: 1,900
(1) Impose a fine and costs in accordance with the 1,902
schedule set forth in section 2151.3512 of the Revised Code; 1,903
(2) Suspend the child's probationary operator's license or 1,905
the registration of all motor vehicles registered in the name of 1,906
the child for the period that the court prescribes; 1,907
47
(3) Revoke the child's probationary driver's license or 1,909
the registration of all motor vehicles registered in the name of 1,910
the child; 1,911
(4) Place the child on probation; 1,913
(5) Require the child to make restitution for all damages 1,915
caused by the child's traffic violation or any part of the 1,916
damages; 1,917
(6) If the child is adjudicated a juvenile traffic 1,919
offender for committing a violation of division (A) of section 1,921
4511.19 of the Revised Code or of a municipal ordinance that is 1,922
substantially comparable to that division, commit the child, for 1,923
not longer than five days, to the temporary custody of a 1,924
detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody 1,925
of any school, camp, institution, or other facility for children 1,926
operated in whole or in part for the care of juvenile traffic 1,928
offenders of that nature by the county, by a district organized
under section 2151.34 or 2151.65 of the Revised Code, or by a 1,929
private agency or organization within the state that is 1,930
authorized and qualified to provide the care, treatment, or 1,931
placement required. If an order of disposition committing a 1,932
child to the temporary custody of a home, school, camp, 1,933
institution, or other facility of that nature is made under 1,934
division (A)(6) of this section, the length of the commitment
shall not be reduced or diminished as a credit for any time that 1,935
the child was held in a place of detention or shelter care, or 1,936
otherwise was detained, prior to entry of the order of 1,937
disposition.
(7) If, after making a disposition under divisions (A)(1) 1,939
to (6) of this section, the court finds upon further hearing that 1,940
the child has failed to comply with the orders of the court and 1,941
the child's operation of a motor vehicle constitutes the child a 1,943
danger to the child and to others, the court may make any 1,944
disposition authorized by divisions (A)(1), (2), and (A)(7) to 1,945
48
(11)(10), AND (A)(12) of section 2151.355 of the Revised Code, 1,947
except that the child may not be committed to or placed in a 1,948
secure correctional facility unless authorized by division (A)(6) 1,949
of this section, and commitment to or placement in a detention 1,950
home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 1,952
for violating division (A) of section 4511.19 of the Revised 1,954
Code, the court shall suspend or revoke the temporary instruction 1,955
permit or probationary driver's license issued to the child until 1,956
the child attains eighteen years of age or attends, at the 1,957
discretion of the court, and satisfactorily completes a drug 1,958
abuse or alcohol abuse education, intervention, or treatment 1,959
program specified by the court. During the time the child is 1,960
attending the program, the court shall retain any temporary 1,961
instruction permit or probationary license issued to the child 1,962
and shall return the permit or license when the child 1,963
satisfactorily completes the program. If a child is adjudicated 1,964
a juvenile traffic offender for violating division (B) of section 1,965
4511.19 of the Revised Code, the court shall suspend the 1,966
temporary instruction permit or probationary driver's license 1,967
issued to the child for the shorter period of sixty days or until 1,968
the child attains eighteen years of age. 1,969
(C) If a child is adjudicated a juvenile traffic offender 1,971
for violating division (B)(1) or (2) of section 4513.263 of the 1,973
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 1,974
adjudicated a juvenile traffic offender for violating division 1,976
(B)(3) of section 4513.263 of the Revised Code and if the child 1,978
is sixteen years of age or older, the court shall impose the fine 1,979
set forth in division (G) of section 4513.99 of the Revised Code. 1,980
If a child is adjudicated a juvenile traffic offender for 1,981
violating division (B)(3) of section 4513.263 of the Revised Code 1,982
and if the child is under sixteen years of age, the court shall 1,983
not impose a fine but may place the child on probation. 1,984
49
(D) A juvenile traffic offender is subject to sections 1,986
4509.01 to 4509.77 of the Revised Code. 1,987
Sec. 2923.41. AS USED IN SECTIONS 2923.41 TO 2923.47 OF 1,990
THE REVISED CODE:
(A) "CRIMINAL GANG" MEANS AN ONGOING FORMAL OR INFORMAL 1,992
ORGANIZATION, ASSOCIATION, OR GROUP OF THREE OR MORE PERSONS TO 1,993
WHICH ALL OF THE FOLLOWING APPLY: 1,994
(1) IT HAS AS ONE OF ITS PRIMARY ACTIVITIES THE COMMISSION 1,997
OF ONE OR MORE OF THE OFFENSES LISTED IN DIVISION (B) OF THIS 1,998
SECTION.
(2) IT HAS A COMMON NAME OR ONE OR MORE COMMON, 2,000
IDENTIFYING SIGNS, SYMBOLS, OR COLORS. 2,001
(3) THE PERSONS IN THE ORGANIZATION, ASSOCIATION, OR GROUP 2,003
INDIVIDUALLY OR COLLECTIVELY ENGAGE IN OR HAVE ENGAGED IN A 2,004
PATTERN OF CRIMINAL GANG ACTIVITY.
(B)(1) "PATTERN OF CRIMINAL GANG ACTIVITY" MEANS, SUBJECT 2,006
TO DIVISION (B)(2) OF THIS SECTION, THAT PERSONS IN THE CRIMINAL 2,008
GANG HAVE COMMITTED, ATTEMPTED TO COMMIT, CONSPIRED TO COMMIT, 2,009
BEEN COMPLICITORS IN THE COMMISSION OF, OR SOLICITED, COERCED, OR 2,010
INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO 2,011
COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF TWO OR MORE OF 2,013
ANY OF THE FOLLOWING OFFENSES:
(a) A FELONY OR AN ACT COMMITTED BY A JUVENILE THAT WOULD 2,015
BE A FELONY IF COMMITTED BY AN ADULT; 2,016
(b) AN OFFENSE OF VIOLENCE OR AN ACT COMMITTED BY A 2,018
JUVENILE THAT WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN 2,019
ADULT;
(c) A VIOLATION OF SECTION 2907.04, 2909.06, 2911.211, 2,023
2917.04, 2919.23, OR 2919.24 OF THE REVISED CODE, SECTION 2921.04 2,025
OR 2923.16 OF THE REVISED CODE, SECTION 2925.03 OF THE REVISED
CODE IF THE OFFENSE IS TRAFFICKING IN MARIHUANA, OR SECTION 2,027
2927.12 OF THE REVISED CODE. 2,028
(2) THERE IS A "PATTERN OF CRIMINAL GANG ACTIVITY" IF ALL 2,030
OF THE FOLLOWING APPLY WITH RESPECT TO THE OFFENSES THAT ARE 2,031
50
LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION AND 2,034
THAT PERSONS IN THE CRIMINAL GANG COMMITTED, ATTEMPTED TO COMMIT, 2,035
CONSPIRED TO COMMIT, WERE IN COMPLICITY IN COMMITTING, OR 2,037
SOLICITED, COERCED, OR INTIMIDATED ANOTHER TO COMMIT, ATTEMPT TO 2,038
COMMIT, CONSPIRE TO COMMIT, OR BE IN COMPLICITY IN COMMITTING: 2,039
(a) AT LEAST ONE OF THE TWO OR MORE OFFENSES IS A FELONY. 2,041
(b) AT LEAST ONE OF THOSE TWO OR MORE OFFENSES OCCURS ON 2,043
OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 2,044
(c) THE LAST OF THOSE TWO OR MORE OFFENSES OCCURS WITHIN 2,046
FIVE YEARS AFTER AT LEAST ONE OF THOSE OFFENSES. 2,047
(d) THE TWO OR MORE OFFENSES ARE COMMITTED ON SEPARATE 2,049
OCCASIONS OR BY TWO OR MORE PERSONS. 2,050
(C) "CRIMINAL CONDUCT" MEANS THE COMMISSION OF, AN ATTEMPT 2,052
TO COMMIT, A CONSPIRACY TO COMMIT, COMPLICITY IN THE COMMISSION 2,054
OF, OR SOLICITATION, COERCION, OR INTIMIDATION OF ANOTHER TO 2,055
COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO COMMIT, OR BE IN 2,056
COMPLICITY IN THE COMMISSION OF AN OFFENSE LISTED IN DIVISION 2,057
(B)(1)(a), (b), OR (c) OF THIS SECTION OR AN ACT THAT IS 2,058
COMMITTED BY A JUVENILE AND THAT WOULD BE AN OFFENSE, AN ATTEMPT 2,060
TO COMMIT AN OFFENSE, A CONSPIRACY TO COMMIT AN OFFENSE, 2,061
COMPLICITY IN THE COMMISSION OF, OR SOLICITATION, COERCION, OR 2,062
INTIMIDATION OF ANOTHER TO COMMIT, ATTEMPT TO COMMIT, CONSPIRE TO 2,063
COMMIT, OR BE IN COMPLICITY IN THE COMMISSION OF AN OFFENSE 2,064
LISTED IN DIVISION (B)(1)(a), (b), OR (c) OF THIS SECTION IF 2,066
COMMITTED BY AN ADULT.
(D) "JUVENILE" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS 2,068
OF AGE.
(E) "LAW ENFORCEMENT AGENCY" INCLUDES, BUT IS NOT LIMITED 2,070
TO, THE STATE BOARD OF PHARMACY AND THE OFFICE OF A PROSECUTOR. 2,071
(F) "PROSECUTOR" HAS THE SAME MEANING AS IN SECTION 2,074
2935.01 OF THE REVISED CODE. 2,075
(G) "FINANCIAL INSTITUTION" MEANS A BANK, CREDIT UNION, 2,077
SAVINGS AND LOAN ASSOCIATION, OR A LICENSEE OR REGISTRANT UNDER 2,079
CHAPTER 1321. OF THE REVISED CODE.
51
(H) "PROPERTY" INCLUDES BOTH OF THE FOLLOWING: 2,081
(1) REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, THINGS 2,083
GROWING ON, AFFIXED TO, AND FOUND IN THE REAL PROPERTY; 2,085
(2) TANGIBLE AND INTANGIBLE PERSONAL PROPERTY, INCLUDING, 2,087
BUT NOT LIMITED TO, RIGHTS, PRIVILEGES, INTERESTS, CLAIMS, AND 2,089
SECURITIES.
(I) "FIREARMS" AND "DANGEROUS ORDNANCE" HAVE THE SAME 2,091
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 2,092
(J) "COMPUTERS," "COMPUTER NETWORKS," "COMPUTER SYSTEMS," 2,094
AND "COMPUTER SOFTWARE" HAVE THE SAME MEANINGS AS IN SECTION 2,095
2913.01 OF THE REVISED CODE.
(K) "VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01 2,097
OF THE REVISED CODE.
Sec. 2923.42. (A) NO PERSON WHO ACTIVELY PARTICIPATES IN 2,100
A CRIMINAL GANG, WITH KNOWLEDGE THAT THE CRIMINAL GANG ENGAGES IN 2,101
OR HAS ENGAGED IN A PATTERN OF CRIMINAL GANG ACTIVITY, SHALL 2,102
PURPOSELY PROMOTE, FURTHER, OR ASSIST ANY CRIMINAL CONDUCT, AS
DEFINED IN DIVISION (C) OF SECTION 2923.41 OF THE REVISED CODE, 2,103
OR SHALL PURPOSELY COMMIT OR ENGAGE IN ANY ACT THAT CONSTITUTES 2,105
CRIMINAL CONDUCT, AS DEFINED IN DIVISION (C) OF SECTION 2923.41 2,106
OF THE REVISED CODE.
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 2,109
PARTICIPATING IN A CRIMINAL GANG, A FELONY OF THE SECOND DEGREE. 2,111
(C)(1) NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY 2,113
SECTION OF THE REVISED CODE, THE CLERK OF THE COURT SHALL PAY ANY 2,114
FINE IMPOSED FOR A VIOLATION OF THIS SECTION PURSUANT TO DIVISION 2,115
(A) OF SECTION 2929.18 OF THE REVISED CODE TO THE COUNTY, 2,117
TOWNSHIP, MUNICIPAL CORPORATION, PARK DISTRICT, AS CREATED 2,118
PURSUANT TO SECTION 511.18 OR 1545.04 OF THE REVISED CODE, OR 2,119
STATE LAW ENFORCEMENT AGENCIES IN THIS STATE THAT PRIMARILY WERE 2,120
RESPONSIBLE FOR OR INVOLVED IN MAKING THE ARREST OF, AND IN 2,121
PROSECUTING, THE OFFENDER. HOWEVER, THE CLERK SHALL NOT PAY A
FINE SO IMPOSED TO A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS 2,123
ADOPTED A WRITTEN INTERNAL CONTROL POLICY UNDER DIVISION (C)(2) 2,124
52
OF THIS SECTION THAT ADDRESSES THE USE OF THE FINE MONEYS THAT IT 2,125
RECEIVES. EACH AGENCY SHALL USE THE FINES SO PAID IN ACCORDANCE 2,126
WITH THE WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT 2,127
AGENCY UNDER DIVISION (C)(2) OF THIS SECTION TO SUBSIDIZE THE 2,129
AGENCY'S LAW ENFORCEMENT EFFORTS THAT PERTAIN TO CRIMINAL GANGS. 2,130
(2)(a) PRIOR TO RECEIVING ANY FINE MONEYS UNDER DIVISION 2,133
(C)(1) OF THIS SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF 2,134
THE REVISED CODE, A LAW ENFORCEMENT AGENCY SHALL ADOPT A WRITTEN 2,136
INTERNAL CONTROL POLICY THAT ADDRESSES THE AGENCY'S USE AND 2,137
DISPOSITION OF ALL FINE MONEYS SO RECEIVED AND THAT PROVIDES FOR 2,138
THE KEEPING OF DETAILED FINANCIAL RECORDS OF THE RECEIPTS OF 2,139
THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF 2,140
THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE 2,141
OF EXPENDITURE. THE POLICY SHALL NOT PROVIDE FOR OR PERMIT THE 2,142
IDENTIFICATION OF ANY SPECIFIC EXPENDITURE THAT IS MADE IN AN 2,143
ONGOING INVESTIGATION. ALL FINANCIAL RECORDS OF THE RECEIPTS OF 2,144
THOSE FINE MONEYS, THE GENERAL TYPES OF EXPENDITURES MADE OUT OF 2,145
THOSE FINE MONEYS, AND THE SPECIFIC AMOUNT OF EACH GENERAL TYPE 2,146
OF EXPENDITURE BY AN AGENCY ARE PUBLIC RECORDS OPEN FOR 2,147
INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE. 2,148
ADDITIONALLY, A WRITTEN INTERNAL CONTROL POLICY ADOPTED UNDER 2,149
DIVISION (C)(2)(a) OF THIS SECTION IS A PUBLIC RECORD OPEN FOR 2,151
INSPECTION UNDER SECTION 149.43 OF THE REVISED CODE, AND THE
AGENCY THAT ADOPTED THE POLICY SHALL COMPLY WITH IT. 2,152
(b) EACH LAW ENFORCEMENT AGENCY THAT RECEIVES IN ANY 2,154
CALENDAR YEAR ANY FINE MONEYS UNDER DIVISION (C)(1) OF THIS 2,155
SECTION OR DIVISION (B)(5) OF SECTION 2923.44 OF THE REVISED CODE 2,156
SHALL PREPARE A REPORT COVERING THE CALENDAR YEAR THAT CUMULATES 2,157
ALL OF THE INFORMATION CONTAINED IN ALL OF THE PUBLIC FINANCIAL 2,158
RECORDS KEPT BY THE AGENCY PURSUANT TO DIVISION (C)(2)(a) OF THIS 2,161
SECTION FOR THAT CALENDAR YEAR AND SHALL SEND A COPY OF THE 2,162
CUMULATIVE REPORT, NO LATER THAN THE FIRST DAY OF MARCH IN THE 2,163
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT, 2,164
TO THE ATTORNEY GENERAL. EACH REPORT RECEIVED BY THE ATTORNEY 2,165
53
GENERAL IS A PUBLIC RECORD OPEN FOR INSPECTION UNDER SECTION 2,166
149.43 OF THE REVISED CODE. THE ATTORNEY GENERAL SHALL MAKE 2,167
COPIES OF EACH REPORT RECEIVED AND, NO LATER THAN THE FIFTEENTH 2,168
DAY OF APRIL IN THE CALENDAR YEAR IN WHICH THE REPORT IS 2,169
RECEIVED, SHALL SEND A COPY OF THE REPORT TO THE PRESIDENT OF THE 2,170
SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 2,171
Sec. 2923.43. ANY BUILDING, PREMISES, OR REAL ESTATE, 2,173
INCLUDING VACANT LAND, THAT IS USED OR OCCUPIED BY A CRIMINAL 2,174
GANG ON MORE THAN TWO OCCASIONS WITHIN A ONE-YEAR PERIOD TO 2,176
ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY CONSTITUTES A 2,177
NUISANCE SUBJECT TO ABATEMENT PURSUANT TO SECTIONS 3767.01 TO 2,178
3767.11 OF THE REVISED CODE.
Sec. 2923.44. (A)(1) IN ACCORDANCE WITH DIVISION (B) OF 2,180
THIS SECTION, A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A 2,181
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND A JUVENILE 2,182
WHO IS FOUND BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN 2,183
ACT COMMITTED IN VIOLATION OF SECTION 2923.42 OF THE REVISED 2,184
CODE, LOSES ANY RIGHT TO THE POSSESSION OF PROPERTY AND FORFEITS 2,185
TO THE STATE ANY RIGHT, TITLE, AND INTEREST THE PERSON MAY HAVE 2,186
IN THAT PROPERTY IF EITHER OF THE FOLLOWING APPLIES: 2,187
(a) THE PROPERTY CONSTITUTES, OR IS DERIVED DIRECTLY OR 2,189
INDIRECTLY FROM, ANY PROCEEDS THAT THE PERSON OBTAINED DIRECTLY 2,190
OR INDIRECTLY FROM THE COMMISSION OF THE VIOLATION OF SECTION 2,192
2923.42 OF THE REVISED CODE.
(b) THE PROPERTY WAS USED OR INTENDED TO BE USED IN ANY 2,194
MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, THE 2,195
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE. 2,196
(2) ALL RIGHT, TITLE, AND INTEREST OF A PERSON IN PROPERTY 2,198
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION VESTS IN THE STATE 2,199
UPON THE PERSON'S COMMISSION OF THE VIOLATION OF SECTION 2923.42 2,200
OF THE REVISED CODE OF WHICH THE PERSON IS CONVICTED OR TO WHICH 2,201
THE PERSON PLEADS GUILTY AND THAT IS THE BASIS OF THE FORFEITURE, 2,202
OR UPON THE JUVENILE'S COMMISSION OF THE ACT THAT IS A VIOLATION 2,204
OF SECTION 2923.42 OF THE REVISED CODE, THAT IS THE BASIS OF THE
54
JUVENILE BEING FOUND TO BE A DELINQUENT CHILD, AND THAT IS THE 2,205
BASIS OF THE FORFEITURE. SUBJECT TO DIVISIONS (F)(3)(b) AND 2,207
(5)(b) AND (G)(2) OF THIS SECTION, IF ANY RIGHT, TITLE, OR 2,209
INTEREST IN PROPERTY IS VESTED IN THIS STATE UNDER DIVISION 2,210
(A)(2) OF THIS SECTION AND SUBSEQUENTLY IS TRANSFERRED TO A 2,211
PERSON OTHER THAN THE ADULT OFFENDER OR THE DELINQUENT CHILD WHO 2,212
FORFEITS THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY UNDER 2,213
DIVISION (A)(1) OF THIS SECTION, THEN, IN ACCORDANCE WITH 2,215
DIVISION (B) OF THIS SECTION, THE RIGHT, TITLE, OR INTEREST IN 2,216
THE PROPERTY MAY BE THE SUBJECT OF A SPECIAL VERDICT OF 2,217
FORFEITURE AND, AFTER ANY SPECIAL VERDICT OF FORFEITURE, SHALL BE 2,218
ORDERED FORFEITED TO THIS STATE, UNLESS THE TRANSFEREE 2,219
ESTABLISHES IN A HEARING HELD PURSUANT TO DIVISION (F) OF THIS 2,220
SECTION THAT THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE OF 2,221
THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND THAT, AT THE
TIME OF ITS PURCHASE, THE TRANSFEREE WAS REASONABLY WITHOUT CAUSE 2,222
TO BELIEVE THAT IT WAS SUBJECT TO FORFEITURE UNDER THIS SECTION. 2,223
(3) THE PROVISIONS OF SECTION 2923.45 OF THE REVISED CODE 2,225
THAT RELATE TO THE FORFEITURE OF ANY RIGHT, TITLE, OR INTEREST IN 2,226
PROPERTY ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE 2,227
REVISED CODE PURSUANT TO A CIVIL ACTION TO OBTAIN A CIVIL 2,228
FORFEITURE DO NOT APPLY TO THE FORFEITURE OF ANY RIGHT, TITLE, OR 2,229
INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 2,230
THAT OCCURS PURSUANT TO DIVISION (B) OF THIS SECTION UPON A 2,231
PERSON'S CONVICTION OF OR GUILTY PLEA TO A VIOLATION OF SECTION 2,232
2923.42 OF THE REVISED CODE OR UPON A JUVENILE BEING FOUND BY A 2,233
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 2,234
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE.
(4) NOTHING IN THIS SECTION PRECLUDES A FINANCIAL 2,236
INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN 2,237
OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 2,238
FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL 2,239
ACTION IN CONNECTION WITH THE PROPERTY PRIOR TO ITS DISPOSITION 2,240
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE FOR THE 2,241
55
PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO 2,242
FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN. A 2,243
FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER 2,244
APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE 2,245
DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF 2,247
THE REVISED CODE, EVEN IF A PROSECUTION FOR A VIOLATION OF
SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD 2,248
PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF 2,249
THE REVISED CODE HAS BEEN OR COULD BE COMMENCED, EVEN IF THE 2,250
PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF FORFEITURE 2,251
ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, AND EVEN IF THE 2,252
PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO 2,253
DIVISION (D) OR (E) OF THIS SECTION.
IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR 2,255
TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN DIVISION 2,257
(A)(4) OF THIS SECTION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY 2,258
CAUSES THE SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO 2,259
DIVISION (D) OR (E) OF THIS SECTION AND ITS DISPOSITION PURSUANT 2,260
TO SECTION 2923.46 OF THE REVISED CODE, AND IF THE PERSON 2,261
RESPONSIBLE FOR THE CONDUCT OF THE SALE HAS ACTUAL KNOWLEDGE OF 2,262
THE COMMENCEMENT OF A PROSECUTION FOR A VIOLATION OF SECTION 2,263
2923.42 OF THE REVISED CODE OR OF A DELINQUENT CHILD PROCEEDING 2,264
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 2,265
CODE, ACTUAL KNOWLEDGE OF A PENDING FORFEITURE PROCEEDING UNDER 2,266
DIVISION (B) OF THIS SECTION, OR ACTUAL KNOWLEDGE OF AN ORDER OF 2,267
FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, THEN THE 2,268
PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE SHALL DISPOSE OF 2,269
THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: 2,270
(a) FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO 2,272
THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND 2,273
FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE 2,274
OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY. 2,275
AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO 2,276
NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN 2,277
56
CONNECTION WITH THE PROPERTY. 2,278
(b) SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER 2,280
COMPLIANCE WITH DIVISION (A)(4)(a) OF THIS SECTION, TO THE 2,282
PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND 2,283
LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE 2,284
PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER 2,285
DIVISION (A)(2) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST 2,286
OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND 2,287
LIENHOLDERS; 2,288
(c) THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER 2,290
COMPLIANCE WITH DIVISION (A)(4)(b) OF THIS SECTION, TO THE COURT 2,292
THAT HAS OR WOULD HAVE JURISDICTION IN A PROSECUTION FOR A 2,293
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT 2,294
CHILD PROCEEDING FOR AN ACT THAT IS A VIOLATION OF SECTION 2,295
2923.42 OF THE REVISED CODE FOR DISPOSITION IN ACCORDANCE WITH 2,296
SECTION 2923.46 OF THE REVISED CODE.
(B)(1) A CRIMINAL FORFEITURE OF ANY RIGHT, TITLE, OR 2,298
INTEREST IN PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION 2,299
IS PRECLUDED UNLESS ONE OF THE FOLLOWING APPLIES: 2,300
(a) THE INDICTMENT, COUNT IN THE INDICTMENT, OR 2,302
INFORMATION CHARGING THE VIOLATION OF SECTION 2923.42 OF THE 2,303
REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR 2,304
INTEREST OF THE ALLEGED OFFENDER IN THE PROPERTY DESCRIBED IN 2,305
DIVISION (A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO 2,306
FORFEITURE UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY 2,307
OF THE ALLEGED OFFENDER THAT IS POTENTIALLY SUBJECT TO FORFEITURE 2,308
UNDER THIS SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST 2,309
IN THE PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME 2,310
OF THE FILING OF THE INDICTMENT OR INFORMATION; OR THE COMPLAINT 2,311
CHARGING A JUVENILE WITH BEING A DELINQUENT CHILD FOR THE 2,312
COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF 2,313
THE REVISED CODE SPECIFIES THE NATURE OF THE RIGHT, TITLE, OR 2,314
INTEREST OF THE JUVENILE IN THE PROPERTY DESCRIBED IN DIVISION 2,315
(A)(1) OF THIS SECTION THAT IS POTENTIALLY SUBJECT TO FORFEITURE 2,316
57
UNDER THIS SECTION, OR A DESCRIPTION OF THE PROPERTY OF THE 2,317
JUVENILE THAT IS POTENTIALLY SUBJECT TO FORFEITURE UNDER THIS 2,318
SECTION, TO THE EXTENT THE RIGHT, TITLE, OR INTEREST IN THE 2,319
PROPERTY OR THE PROPERTY REASONABLY IS KNOWN AT THE TIME OF THE 2,320
FILING OF THE COMPLAINT. 2,321
(b) THE PROPERTY IN QUESTION WAS NOT REASONABLY FORESEEN 2,323
TO BE SUBJECT TO FORFEITURE UNDER THIS SECTION AT THE TIME OF THE 2,324
FILING OF THE INDICTMENT, INFORMATION, OR COMPLAINT, THE 2,325
PROSECUTING ATTORNEY GAVE PROMPT NOTICE TO THE ALLEGED OFFENDER 2,326
OR JUVENILE OF THAT PROPERTY WHEN IT WAS DISCOVERED TO BE SUBJECT 2,327
TO FORFEITURE UNDER THIS SECTION, AND A VERDICT OF FORFEITURE 2,328
DESCRIBED IN DIVISION (B)(3) OF THIS SECTION REQUIRES THE 2,329
FORFEITURE OF THAT PROPERTY. 2,330
(2) THE SPECIFICATIONS DESCRIBED IN DIVISION (B)(1) OF 2,332
THIS SECTION SHALL BE STATED AT THE END OF THE BODY OF THE 2,333
INDICTMENT, COUNT IN THE INDICTMENT, INFORMATION, OR COMPLAINT. 2,334
(3)(a) IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A 2,336
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE IS 2,337
FOUND TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF 2,338
SECTION 2923.42 OF THE REVISED CODE, THEN A SPECIAL PROCEEDING 2,339
SHALL BE CONDUCTED IN ACCORDANCE WITH DIVISION (B)(3) OF THIS 2,340
SECTION TO DETERMINE WHETHER ANY PROPERTY DESCRIBED IN DIVISION 2,342
(B)(1)(a) OR (b) OF THIS SECTION WILL BE THE SUBJECT OF AN ORDER 2,344
OF FORFEITURE UNDER THIS SECTION. EXCEPT AS OTHERWISE PROVIDED 2,345
IN DIVISION (B)(3)(b) OF THIS SECTION, THE JURY IN THE CRIMINAL 2,347
ACTION, THE JUDGE IN THE DELINQUENT CHILD ACTION, OR, IF THE 2,349
CRIMINAL ACTION WAS A NONJURY ACTION, THE JUDGE IN THAT ACTION 2,350
SHALL HEAR AND CONSIDER TESTIMONY AND OTHER EVIDENCE IN THE 2,351
PROCEEDING RELATIVE TO WHETHER ANY PROPERTY DESCRIBED IN DIVISION 2,352
(B)(1)(a) OR (b) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER 2,354
THIS SECTION. IF THE JURY OR JUDGE DETERMINES THAT THE 2,355
PROSECUTING ATTORNEY HAS ESTABLISHED BY A PREPONDERANCE OF THE 2,356
EVIDENCE THAT ANY PROPERTY SO DESCRIBED IS SUBJECT TO FORFEITURE 2,357
UNDER THIS SECTION, THE JUDGE OR JUVENILE JUDGE SHALL RENDER A 2,358
58
VERDICT OF FORFEITURE THAT SPECIFICALLY DESCRIBES THE RIGHT, 2,359
TITLE, OR INTEREST IN PROPERTY OR THE PROPERTY THAT IS SUBJECT TO 2,360
FORFEITURE UNDER THIS SECTION. THE RULES OF EVIDENCE SHALL APPLY 2,362
IN THE PROCEEDING. 2,363
(b) IF THE TRIER OF FACT IN A CRIMINAL ACTION FOR A 2,366
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE WAS A JURY, 2,367
THEN, UPON THE FILING OF A MOTION BY THE PERSON WHO WAS CONVICTED 2,368
OF OR PLEADED GUILTY TO THE VIOLATION OF SECTION 2923.42 OF THE 2,369
REVISED CODE, THE DETERMINATIONS IN THE PROCEEDING DESCRIBED IN 2,371
DIVISION (B)(3) OF THIS SECTION INSTEAD SHALL BE MADE BY THE 2,372
JUDGE IN THE CRIMINAL ACTION.
(4) IN A CRIMINAL ACTION FOR A VIOLATION OF SECTION 2,375
2923.42 OF THE REVISED CODE, IF THE TRIER OF FACT IS A JURY, THE 2,376
JURY SHALL NOT BE INFORMED OF ANY SPECIFICATION DESCRIBED IN 2,377
DIVISION (B)(1)(a) OF THIS SECTION OR OF ANY PROPERTY DESCRIBED 2,378
IN THAT DIVISION OR DIVISION (B)(1)(b) OF THIS SECTION PRIOR TO 2,380
THE ALLEGED OFFENDER BEING CONVICTED OF OR PLEADING GUILTY TO THE
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE. 2,382
(5)(a) IF A VERDICT OF FORFEITURE IS ENTERED PURSUANT TO 2,384
DIVISION (B)(3) OF THIS SECTION, THEN THE COURT THAT IMPOSES 2,385
SENTENCE UPON A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO A 2,386
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, OR THE JUVENILE 2,387
COURT THAT FINDS A JUVENILE TO BE A DELINQUENT CHILD FOR AN ACT 2,388
THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, IN 2,389
ADDITION TO ANY OTHER SENTENCE IMPOSED UPON THE OFFENDER OR ORDER 2,390
OF DISPOSITION IMPOSED UPON THE DELINQUENT CHILD, SHALL ORDER 2,391
THAT THE OFFENDER OR DELINQUENT CHILD FORFEIT TO THE STATE ALL OF 2,392
THE OFFENDER'S OR DELINQUENT CHILD'S RIGHT, TITLE, AND INTEREST 2,393
IN THE PROPERTY DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. IF 2,394
A PERSON IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF 2,395
SECTION 2923.42 OF THE REVISED CODE, OR A JUVENILE IS FOUND BY A 2,396
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 2,397
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, AND DERIVES 2,398
PROFITS OR OTHER PROCEEDS FROM THE OFFENSE OR ACT, THE COURT THAT 2,399
59
IMPOSES SENTENCE OR AN ORDER OF DISPOSITION UPON THE OFFENDER OR 2,400
DELINQUENT CHILD, IN LIEU OF ANY FINE THAT THE COURT IS OTHERWISE 2,402
AUTHORIZED OR REQUIRED TO IMPOSE, MAY IMPOSE UPON THE OFFENDER OR 2,403
DELINQUENT CHILD A FINE OF NOT MORE THAN TWICE THE GROSS PROFITS 2,404
OR OTHER PROCEEDS SO DERIVED. 2,405
(b) NOTWITHSTANDING ANY CONTRARY PROVISION OF THE REVISED 2,408
CODE, THE CLERK OF THE COURT SHALL PAY ALL FINES IMPOSED PURSUANT 2,410
TO DIVISION (B)(5) OF THIS SECTION TO THE COUNTY, MUNICIPAL 2,411
CORPORATION, TOWNSHIP, PARK DISTRICT CREATED PURSUANT TO SECTION 2,412
511.18 OR 1545.01 OF THE REVISED CODE, OR STATE LAW ENFORCEMENT 2,414
AGENCIES IN THIS STATE THAT WERE PRIMARILY RESPONSIBLE FOR OR 2,415
INVOLVED IN MAKING THE ARREST OF, AND IN PROSECUTING, THE 2,416
OFFENDER. HOWEVER, THE CLERK SHALL NOT PAY A FINE SO IMPOSED TO 2,417
A LAW ENFORCEMENT AGENCY UNLESS THE AGENCY HAS ADOPTED A WRITTEN 2,418
INTERNAL CONTROL POLICY PURSUANT TO DIVISION (C)(2) OF SECTION 2,419
2923.42 OF THE REVISED CODE THAT ADDRESSES THE USE OF THE FINE 2,420
MONEYS THAT IT RECEIVES UNDER DIVISION (B)(5) OF THIS SECTION AND 2,421
DIVISION (C)(1) OF SECTION 2923.42 OF THE REVISED CODE. THE LAW 2,424
ENFORCEMENT AGENCIES SHALL USE THE FINES IMPOSED AND PAID 2,426
PURSUANT TO DIVISION (B)(5) OF THIS SECTION TO SUBSIDIZE THEIR
EFFORTS PERTAINING TO CRIMINAL GANGS, IN ACCORDANCE WITH THE 2,427
WRITTEN INTERNAL CONTROL POLICY ADOPTED BY THE RECIPIENT AGENCY 2,428
PURSUANT TO DIVISION (C)(2) OF SECTION 2923.42 OF THE REVISED 2,429
CODE.
(6) IF ANY OF THE PROPERTY THAT IS DESCRIBED IN DIVISION 2,432
(A)(1) OF THIS SECTION AND THAT IS THE SUBJECT OF AN ORDER OF
FORFEITURE ISSUED UNDER DIVISION (B)(5) OF THIS SECTION, BECAUSE 2,433
OF AN ACT OF THE PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO 2,435
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 2,436
BY A JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 2,438
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT IS THE 2,439
BASIS OF THE FORFEITURE, CANNOT BE LOCATED UPON THE EXERCISE OF 2,440
DUE DILIGENCE, HAS BEEN TRANSFERRED TO, SOLD TO, OR DEPOSITED 2,441
60
WITH A THIRD PARTY, HAS BEEN PLACED BEYOND THE JURISDICTION OF 2,442
THE COURT, HAS BEEN SUBSTANTIALLY DIMINISHED IN VALUE, OR HAS 2,443
BEEN COMMINGLED WITH OTHER PROPERTY THAT CANNOT BE DIVIDED 2,444
WITHOUT DIFFICULTY, THE COURT THAT ISSUES THE ORDER OF FORFEITURE 2,445
SHALL ORDER THE FORFEITURE OF ANY OTHER PROPERTY OF THE OFFENDER 2,446
OR THE DELINQUENT CHILD UP TO THE VALUE OF ANY FORFEITED PROPERTY
DESCRIBED IN DIVISION (B)(6) OF THIS SECTION. 2,448
(C) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY 2,450
RIGHT, TITLE, OR INTEREST OF A PERSON IN PROPERTY DESCRIBED IN 2,451
DIVISION (A)(1) OF THIS SECTION IS SUBJECT TO FORFEITURE UNDER 2,452
DIVISION (B) OF THIS SECTION, IF THE STATE PROVES BOTH OF THE 2,453
FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE: 2,454
(1) THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY WAS 2,456
ACQUIRED BY THE OFFENDER OR DELINQUENT CHILD DURING THE PERIOD OF 2,457
THE COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED 2,458
CODE, OR WITHIN A REASONABLE TIME AFTER THAT PERIOD. 2,459
(2) THERE IS NO LIKELY SOURCE FOR THE RIGHT, TITLE, OR 2,461
INTEREST IN THE PROPERTY OTHER THAN PROCEEDS OBTAINED FROM THE 2,462
COMMISSION OF THE VIOLATION OF SECTION 2923.42 OF THE REVISED 2,463
CODE.
(D)(1) UPON THE APPLICATION OF THE PROSECUTING ATTORNEY 2,465
WHO IS PROSECUTING OR HAS JURISDICTION TO PROSECUTE THE VIOLATION 2,467
OF SECTION 2923.42 OF THE REVISED CODE, THE COURT OF COMMON PLEAS
OR JUVENILE COURT OF THE COUNTY IN WHICH PROPERTY SUBJECT TO 2,468
FORFEITURE UNDER DIVISION (B) OF THIS SECTION IS LOCATED, 2,469
WHICHEVER IS APPLICABLE, MAY ISSUE A RESTRAINING ORDER OR 2,470
INJUNCTION, AN ORDER REQUIRING THE EXECUTION OF A SATISFACTORY 2,471
PERFORMANCE BOND, OR AN ORDER TAKING ANY OTHER REASONABLE ACTION 2,472
NECESSARY TO PRESERVE THE AVAILABILITY OF THE PROPERTY, AT EITHER 2,473
OF THE FOLLOWING TIMES:
(a) UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR 2,475
INFORMATION CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR 2,476
INTEREST IN THE PROPERTY WITH THE COMMISSION OF A VIOLATION OF 2,477
SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE 2,478
61
PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE 2,479
SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE 2,480
PERSON IS CONVICTED OF OR PLEADS GUILTY TO THE OFFENSE, OR UPON 2,481
THE FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY 2,482
RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD 2,483
BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF 2,484
SECTION 2923.42 OF THE REVISED CODE AND ALLEGING THAT THE
PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WILL BE 2,486
SUBJECT TO FORFEITURE UNDER DIVISION (B) OF THIS SECTION IF THE 2,487
JUVENILE IS FOUND TO BE A DELINQUENT CHILD BECAUSE OF THE 2,488
COMMISSION OF THAT ACT;
(b) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION, 2,491
PRIOR TO THE FILING OF AN INDICTMENT, COMPLAINT, OR INFORMATION
CHARGING A PERSON WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE 2,492
PROPERTY WITH THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF 2,493
THE REVISED CODE, OR PRIOR TO THE FILING OF A COMPLAINT ALLEGING 2,494
THAT A JUVENILE WHO HAS ANY RIGHT, TITLE, OR INTEREST IN THE 2,495
PROPERTY IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN 2,496
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, 2,497
IF, AFTER NOTICE IS GIVEN TO ALL PERSONS KNOWN TO HAVE ANY RIGHT, 2,498
TITLE, OR INTEREST IN THE PROPERTY AND AN OPPORTUNITY TO HAVE A 2,499
HEARING ON THE ORDER IS GIVEN TO THOSE PERSONS, THE COURT 2,500
DETERMINES BOTH OF THE FOLLOWING: 2,501
(i) THERE IS A SUBSTANTIAL PROBABILITY THAT THE STATE WILL 2,503
PREVAIL ON THE ISSUE OF FORFEITURE AND THAT FAILURE TO ENTER THE 2,504
ORDER WILL RESULT IN THE PROPERTY SUBJECT TO FORFEITURE BEING 2,505
DESTROYED, REMOVED FROM THE JURISDICTION OF THE COURT, OR 2,506
OTHERWISE BEING MADE UNAVAILABLE FOR FORFEITURE. 2,507
(ii) THE NEED TO PRESERVE THE AVAILABILITY OF THE PROPERTY 2,509
SUBJECT TO FORFEITURE THROUGH THE ENTRY OF THE REQUESTED ORDER 2,510
OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE ORDER IS TO 2,511
BE ENTERED. 2,512
(2) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION, 2,514
AN ORDER ISSUED UNDER DIVISION (D)(1) OF THIS SECTION IS 2,515
62
EFFECTIVE FOR NOT MORE THAN NINETY DAYS, UNLESS EXTENDED BY THE 2,516
COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT, COMPLAINT, OR 2,517
INFORMATION CHARGING THE COMMISSION OF A VIOLATION OF SECTION 2,518
2923.42 OF THE REVISED CODE OR A COMPLAINT ALLEGING THAT A 2,519
JUVENILE IS A DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN 2,520
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE, 2,521
IS FILED AGAINST ANY ALLEGED ADULT OFFENDER OR ALLEGED DELINQUENT 2,522
CHILD WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS 2,523
THE SUBJECT OF THE ORDER. 2,524
(3) A COURT MAY ISSUE AN ORDER UNDER DIVISION (D)(1)(b) OF 2,527
THIS SECTION WITHOUT GIVING NOTICE OR AN OPPORTUNITY FOR A 2,528
HEARING TO PERSONS KNOWN TO HAVE ANY RIGHT, TITLE, OR INTEREST IN 2,529
PROPERTY IF THE PROSECUTING ATTORNEY WHO IS PROSECUTING OR HAS 2,530
JURISDICTION TO PROSECUTE THE VIOLATION OF SECTION 2923.42 OF THE 2,531
REVISED CODE DEMONSTRATES THAT THERE IS PROBABLE CAUSE TO BELIEVE 2,532
THAT THE PROPERTY WILL BE SUBJECT TO FORFEITURE UNDER DIVISION 2,533
(B) OF THIS SECTION IF A PERSON WITH ANY RIGHT, TITLE, OR 2,534
INTEREST IN THE PROPERTY IS CONVICTED OF OR PLEADS GUILTY TO A 2,535
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR A JUVENILE 2,536
WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS FOUND BY A 2,537
JUVENILE COURT TO BE A DELINQUENT CHILD FOR AN ACT THAT IS A 2,538
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE AND THAT GIVING
NOTICE OR AN OPPORTUNITY FOR A HEARING TO PERSONS WITH ANY RIGHT, 2,540
TITLE, OR INTEREST IN THE PROPERTY WILL JEOPARDIZE ITS 2,541
AVAILABILITY FOR FORFEITURE. THE ORDER SHALL BE A TEMPORARY 2,542
ORDER AND SHALL EXPIRE NOT MORE THAN TEN DAYS AFTER THE DATE ON 2,543
WHICH IT IS ENTERED, UNLESS IT IS EXTENDED FOR GOOD CAUSE SHOWN 2,544
OR UNLESS A PERSON WITH ANY RIGHT, TITLE, OR INTEREST IN THE 2,545
PROPERTY THAT IS THE SUBJECT OF THE ORDER CONSENTS TO AN 2,546
EXTENSION FOR A LONGER PERIOD. A HEARING CONCERNING AN ORDER 2,547
ISSUED UNDER DIVISION (D)(3) OF THIS SECTION MAY BE REQUESTED, 2,548
AND, IF IT IS REQUESTED, THE COURT SHALL HOLD THE HEARING AT THE 2,549
EARLIEST POSSIBLE TIME PRIOR TO THE EXPIRATION OF THE ORDER. 2,550
(4) AT ANY HEARING HELD UNDER DIVISION (D) OF THIS 2,552
63
SECTION, THE COURT MAY RECEIVE AND CONSIDER EVIDENCE AND 2,553
INFORMATION THAT IS INADMISSIBLE UNDER THE RULES OF EVIDENCE. 2,555
EACH HEARING HELD UNDER DIVISION (D) OF THIS SECTION SHALL BE 2,557
RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER MECHANICAL, 2,558
ELECTRONIC, OR VIDEO RECORDING DEVICE. IF, AS A RESULT OF A 2,559
HEARING UNDER DIVISION (D) OF THIS SECTION, PROPERTY WOULD BE 2,560
SEIZED, THE RECORDING OF AND ANY TRANSCRIPT OF THE RECORDING OF 2,561
THAT HEARING SHALL NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 2,562
149.43 OF THE REVISED CODE UNTIL THAT PROPERTY HAS BEEN SEIZED 2,563
PURSUANT TO DIVISION (D) OF THIS SECTION. DIVISION (D)(4) OF 2,564
THIS SECTION DOES NOT REQUIRE, AUTHORIZE, OR PERMIT THE MAKING 2,566
AVAILABLE FOR INSPECTION, OR THE COPYING, UNDER SECTION 149.43 OF 2,567
THE REVISED CODE OF ANY CONFIDENTIAL LAW ENFORCEMENT 2,568
INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS DEFINED IN 2,569
THAT SECTION.
(5) A PROSECUTING ATTORNEY OR OTHER LAW ENFORCEMENT 2,571
OFFICER MAY REQUEST THE COURT OF COMMON PLEAS OF THE COUNTY IN 2,572
WHICH PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION IS 2,573
LOCATED TO ISSUE A WARRANT AUTHORIZING THE SEIZURE OF THAT 2,574
PROPERTY. THE REQUEST SHALL BE MADE IN THE SAME MANNER AS 2,575
PROVIDED FOR A SEARCH WARRANT. IF THE COURT DETERMINES THAT 2,576
THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY TO BE SEIZED 2,577
WILL BE SUBJECT TO FORFEITURE UNDER THIS SECTION WHEN A PERSON 2,578
WITH ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY IS CONVICTED 2,579
OF OR PLEADS GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE 2,580
REVISED CODE OR WHEN A JUVENILE WITH ANY RIGHT, TITLE, OR 2,581
INTEREST IN THE PROPERTY IS FOUND BY A JUVENILE COURT TO BE A 2,582
DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION 2,583
2923.42 OF THE REVISED CODE AND IF THE COURT DETERMINES THAT ANY 2,584
ORDER ISSUED UNDER DIVISION (D)(1), (2), OR (3) OF THIS SECTION 2,585
MAY NOT BE SUFFICIENT TO ENSURE THE AVAILABILITY OF THE PROPERTY 2,586
FOR FORFEITURE, THE COURT SHALL ISSUE A WARRANT AUTHORIZING THE 2,587
SEIZURE OF THE PROPERTY. 2,588
(E)(1) UPON THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS 2,590
64
SECTION, THE COURT SHALL ORDER AN APPROPRIATE LAW ENFORCEMENT 2,591
OFFICER TO SEIZE ALL OF THE FORFEITED PROPERTY UPON THE TERMS AND 2,592
CONDITIONS THAT THE COURT DETERMINES ARE PROPER. IN ADDITION, 2,593
UPON THE REQUEST OF THE PROSECUTING ATTORNEY WHO PROSECUTED THE 2,594
OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED 2,595
CODE, THE COURT SHALL ENTER ANY APPROPRIATE RESTRAINING ORDERS OR 2,596
INJUNCTIONS, REQUIRE THE EXECUTION OF SATISFACTORY PERFORMANCE 2,597
BONDS, APPOINT RECEIVERS, CONSERVATORS, APPRAISERS, ACCOUNTANTS, 2,598
OR TRUSTEES, OR TAKE ANY OTHER ACTION TO PROTECT THE INTEREST OF 2,599
THE STATE IN THE FORFEITED PROPERTY. ANY INCOME ACCRUING TO OR 2,600
DERIVED FROM PROPERTY ORDERED FORFEITED UNDER THIS SECTION MAY BE 2,601
USED TO OFFSET ORDINARY AND NECESSARY EXPENSES RELATED TO THE 2,602
PROPERTY THAT ARE REQUIRED BY LAW OR THAT ARE NECESSARY TO 2,603
PROTECT THE INTEREST OF THE STATE OR THIRD PARTIES. 2,604
AFTER FORFEITED PROPERTY IS SEIZED, THE PROSECUTING 2,606
ATTORNEY WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF 2,607
SECTION 2923.42 OF THE REVISED CODE SHALL DIRECT ITS DISPOSITION 2,608
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, MAKING 2,609
DUE PROVISION FOR THE RIGHTS OF ANY INNOCENT PERSONS. ANY RIGHT, 2,610
TITLE, OR INTEREST IN PROPERTY NOT EXERCISABLE BY, OR 2,611
TRANSFERABLE FOR VALUE TO, THE STATE SHALL EXPIRE AND SHALL NOT 2,612
REVERT TO THE OFFENDER WHOSE CONVICTION OR PLEA OF GUILTY OR ACT 2,613
AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF FORFEITURE. 2,614
NEITHER THE ADULT OFFENDER OR DELINQUENT CHILD NOR ANY PERSON 2,615
ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER OR 2,616
DELINQUENT CHILD IS ELIGIBLE TO PURCHASE FORFEITED PROPERTY AT 2,617
ANY SALE HELD PURSUANT TO SECTION 2923.46 OF THE REVISED CODE. 2,618
UPON THE APPLICATION OF ANY PERSON OTHER THAN THE ADULT 2,620
OFFENDER OR DELINQUENT CHILD WHOSE RIGHT, TITLE, OR INTEREST IN 2,621
THE PROPERTY IS THE SUBJECT OF THE ORDER OF FORFEITURE OR ANY 2,622
PERSON ACTING IN CONCERT WITH OR ON BEHALF OF THE ADULT OFFENDER 2,623
OR DELINQUENT CHILD, THE COURT MAY RESTRAIN OR STAY THE SALE OR 2,625
OTHER DISPOSITION OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF 2,626
THE REVISED CODE PENDING THE CONCLUSION OF ANY APPEAL OF THE 2,627
65
CONVICTION OR OF THE DELINQUENT CHILD ADJUDICATION THAT IS THE 2,628
BASIS OF THE ORDER OF FORFEITURE, IF THE APPLICANT DEMONSTRATES 2,629
THAT PROCEEDING WITH THE SALE OR OTHER DISPOSITION OF THE 2,630
PROPERTY WILL RESULT IN IRREPARABLE INJURY OR LOSS TO THE 2,631
APPLICANT.
(2) WITH RESPECT TO PROPERTY THAT IS THE SUBJECT OF AN 2,633
ORDER OF FORFEITURE ISSUED UNDER THIS SECTION, THE COURT THAT 2,634
ISSUED THE ORDER, UPON THE PETITION OF THE PROSECUTING ATTORNEY 2,635
WHO PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 2,636
OF THE REVISED CODE, MAY DO ANY OF THE FOLLOWING: 2,638
(a) GRANT PETITIONS FOR MITIGATION OR REMISSION OF 2,640
FORFEITURE, RESTORE FORFEITED PROPERTY TO VICTIMS OF A VIOLATION 2,641
OF SECTION 2923.42 OF THE REVISED CODE, OR TAKE ANY OTHER ACTION 2,642
TO PROTECT THE RIGHTS OF INNOCENT PERSONS THAT IS IN THE INTEREST 2,643
OF JUSTICE AND THAT IS NOT INCONSISTENT WITH THIS SECTION; 2,644
(b) COMPROMISE CLAIMS THAT ARISE UNDER THIS SECTION; 2,646
(c) AWARD COMPENSATION TO PERSONS WHO PROVIDE INFORMATION 2,648
RESULTING IN A FORFEITURE UNDER THIS SECTION; 2,649
(d) DIRECT THE DISPOSITION BY THE PROSECUTING ATTORNEY WHO 2,651
PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF 2,652
THE REVISED CODE, IN ACCORDANCE WITH SECTION 2923.46 OF THE 2,653
REVISED CODE, OF ALL PROPERTY ORDERED FORFEITED UNDER THIS 2,654
SECTION, MAKING DUE PROVISION FOR THE RIGHTS OF INNOCENT PERSONS; 2,656
(e) PENDING THE DISPOSITION OF ANY PROPERTY THAT IS THE 2,658
SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS SECTION, TAKE ANY 2,659
APPROPRIATE MEASURES THAT ARE NECESSARY TO SAFEGUARD AND MAINTAIN 2,660
THE PROPERTY. 2,661
(3) TO FACILITATE THE IDENTIFICATION AND LOCATION OF 2,663
PROPERTY THAT IS THE SUBJECT OF AN ORDER OF FORFEITURE UNDER THIS 2,664
SECTION AND TO FACILITATE THE DISPOSITION OF PETITIONS FOR 2,665
REMISSION OR MITIGATION ISSUED UNDER DIVISION (E)(2) OF THIS 2,666
SECTION, AFTER THE ISSUANCE OF AN ORDER OF FORFEITURE UNDER THIS 2,667
SECTION AND UPON APPLICATION BY THE PROSECUTING ATTORNEY WHO 2,668
PROSECUTED THE OFFENSE OR ACT IN VIOLATION OF SECTION 2923.42 OF 2,669
66
THE REVISED CODE, THE COURT MAY ORDER THAT THE TESTIMONY OF ANY 2,671
WITNESS RELATING TO THE FORFEITED PROPERTY BE TAKEN BY 2,672
DEPOSITION, AND THAT ANY DESIGNATED BOOK, PAPER, DOCUMENT, 2,673
RECORD, RECORDING, OR OTHER MATERIAL THAT IS NOT PRIVILEGED BE 2,674
PRODUCED AT THE SAME TIME AND PLACE AS THE TESTIMONY, IN THE SAME 2,675
MANNER AS PROVIDED FOR THE TAKING OF DEPOSITIONS UNDER THE RULES 2,676
OF CIVIL PROCEDURE.
(F)(1) EXCEPT AS PROVIDED IN DIVISIONS (F)(2) TO (5) OF 2,678
THIS SECTION, NO PERSON CLAIMING ANY RIGHT, TITLE, OR INTEREST IN 2,679
PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION OR SECTION 2,680
2923.45 OF THE REVISED CODE MAY INTERVENE IN A CRIMINAL TRIAL OR 2,682
APPEAL, OR A DELINQUENT CHILD PROCEEDING OR APPEAL, INVOLVING THE 2,683
FORFEITURE OF THE PROPERTY UNDER THIS SECTION OR IN A CIVIL 2,684
ACTION FOR A CIVIL FORFEITURE UNDER SECTION 2923.45 OF THE 2,686
REVISED CODE OR MAY COMMENCE AN ACTION AT LAW OR EQUITY AGAINST 2,687
THE STATE CONCERNING THE VALIDITY OF THE PERSON'S ALLEGED RIGHT,
TITLE, OR INTEREST IN THE PROPERTY SUBSEQUENT TO THE FILING OF AN 2,688
INDICTMENT, COMPLAINT, OR INFORMATION ALLEGING THAT THE PROPERTY 2,689
IS SUBJECT TO FORFEITURE UNDER THIS SECTION OR SUBSEQUENT TO THE 2,690
FILING OF A COMPLAINT ALLEGING THAT A JUVENILE WHO HAS ANY RIGHT, 2,691
TITLE, OR INTEREST IN THE PROPERTY IS A DELINQUENT CHILD BECAUSE 2,692
OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 2,693
2923.42 OF THE REVISED CODE AND ALLEGING THAT THE PROPERTY IS 2,694
SUBJECT TO FORFEITURE UNDER THIS SECTION. 2,695
(2) AFTER THE ENTRY OF AN ORDER OF FORFEITURE UNDER THIS 2,697
SECTION, THE PROSECUTING ATTORNEY WHO PROSECUTED THE OFFENSE OR 2,698
ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL 2,699
CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE APPROPRIATE 2,701
PUBLIC RECORDS THAT RELATE TO THE PROPERTY AND SHALL MAKE OR 2,702
CAUSE TO BE MADE REASONABLY DILIGENT INQUIRIES FOR THE PURPOSE OF 2,703
IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE 2,704
PROPERTY. THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF 2,705
THE ORDER OF FORFEITURE, OF THE PROSECUTING ATTORNEY'S INTENT TO 2,706
DISPOSE OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF THE 2,707
67
REVISED CODE, AND OF THE MANNER OF THE PROPOSED DISPOSAL TO BE 2,709
GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL 2,710
SERVICE TO EACH PERSON WHO IS KNOWN, BECAUSE OF THE CONDUCT OF 2,711
THE SEARCH, THE MAKING OF THE INQUIRIES, OR OTHERWISE, TO HAVE 2,712
ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY. ADDITIONALLY, THE 2,713
PROSECUTING ATTORNEY SHALL CAUSE A SIMILAR NOTICE TO BE PUBLISHED 2,714
ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL 2,715
CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY WAS SEIZED. 2,716
(3)(a) ANY PERSON, OTHER THAN THE ADULT OFFENDER WHOSE 2,718
CONVICTION OR GUILTY PLEA OR THE DELINQUENT CHILD WHOSE 2,719
ADJUDICATION IS THE BASIS OF THE ORDER OF FORFEITURE, WHO ASSERTS 2,720
A LEGAL RIGHT, TITLE, OR INTEREST IN THE PROPERTY THAT IS THE 2,721
SUBJECT OF THE ORDER MAY PETITION THE COURT THAT ISSUED THE 2,722
ORDER, WITHIN THIRTY DAYS AFTER THE EARLIER OF THE FINAL 2,723
PUBLICATION OF NOTICE OR THE PERSON'S RECEIPT OF NOTICE UNDER 2,724
DIVISION (F)(2) OF THIS SECTION, FOR A HEARING TO ADJUDICATE THE 2,725
VALIDITY OF THE PERSON'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE 2,727
PROPERTY. THE PETITION SHALL BE SIGNED BY THE PETITIONER UNDER 2,728
THE PENALTIES FOR FALSIFICATION AS SPECIFIED IN SECTION 2921.13 2,729
OF THE REVISED CODE AND SHALL SET FORTH THE NATURE AND EXTENT OF 2,730
THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY, THE 2,731
TIME AND CIRCUMSTANCES OF THE PETITIONER'S ACQUISITION OF THAT 2,732
RIGHT, TITLE, OR INTEREST, ANY ADDITIONAL FACTS SUPPORTING THE 2,733
PETITIONER'S CLAIM, AND THE RELIEF SOUGHT. 2,734
(b) IN LIEU OF FILING A PETITION AS DESCRIBED IN DIVISION 2,736
(F)(3)(a) OF THIS SECTION, A SECURED PARTY OR OTHER LIENHOLDER OF 2,738
RECORD THAT ASSERTS A LEGAL RIGHT, TITLE, OR INTEREST IN THE 2,739
PROPERTY THAT IS THE SUBJECT OF THE ORDER, INCLUDING, BUT NOT 2,740
LIMITED TO, A MORTGAGE, SECURITY INTEREST, OR OTHER TYPE OF LIEN, 2,741
MAY FILE AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF THIS 2,743
SECTION TO ESTABLISH THE VALIDITY OF THE ALLEGED RIGHT, TITLE, OR 2,744
INTEREST IN THE PROPERTY. THE SECURED PARTY OR LIENHOLDER SHALL 2,745
FILE THE AFFIDAVIT WITHIN THIRTY DAYS AFTER THE EARLIER OF THE 2,747
FINAL PUBLICATION OF NOTICE OR THE RECEIPT OF NOTICE UNDER 2,748
68
DIVISION (F)(2) OF THIS SECTION AND, EXCEPT AS OTHERWISE PROVIDED 2,749
IN THIS SECTION, THE AFFIDAVIT SHALL CONSTITUTE PRIMA-FACIE
EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR OTHER 2,750
LIENHOLDER'S ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY. 2,751
UNLESS THE PROSECUTING ATTORNEY FILES A MOTION CHALLENGING THE 2,752
AFFIDAVIT WITHIN TEN DAYS AFTER ITS FILING AND UNLESS THE 2,753
PROSECUTING ATTORNEY ESTABLISHES BY A PREPONDERANCE OF THE 2,754
EVIDENCE AT A SUBSEQUENT HEARING BEFORE THE COURT THAT ISSUED THE 2,756
FORFEITURE ORDER, THAT THE SECURED PARTY OR OTHER LIENHOLDER DOES 2,757
NOT POSSESS THE ALLEGED RIGHT, TITLE, OR INTEREST IN THE PROPERTY 2,758
OR THAT THE SECURED PARTY OR OTHER LIENHOLDER HAD ACTUAL
KNOWLEDGE OF FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS 2,759
OF THE FORFEITURE ORDER, THE AFFIDAVIT SHALL CONSTITUTE 2,761
CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE SECURED PARTY'S OR 2,762
OTHER LIENHOLDER'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND 2,763
SHALL HAVE THE LEGAL EFFECT DESCRIBED IN DIVISION (G)(2) OF THIS 2,764
SECTION. TO THE EXTENT PRACTICABLE AND CONSISTENT WITH THE 2,765
INTERESTS OF JUSTICE, THE COURT SHALL HOLD ANY HEARING HELD 2,766
PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION WITHIN THIRTY DAYS 2,767
AFTER THE PROSECUTING ATTORNEY FILES THE MOTION. AT ANY SUCH 2,768
HEARING, THE PROSECUTING ATTORNEY AND THE SECURED PARTY OR OTHER 2,769
LIENHOLDER MAY PRESENT EVIDENCE AND WITNESSES AND MAY 2,770
CROSS-EXAMINE WITNESSES.
IN ORDER TO BE VALID FOR THE PURPOSES OF THIS DIVISION AND 2,772
DIVISION (G)(2) OF THIS SECTION, THE AFFIDAVIT OF A SECURED PARTY 2,773
OR OTHER LIENHOLDER SHALL CONTAIN AVERMENTS THAT THE SECURED 2,774
PARTY OR OTHER LIENHOLDER ACQUIRED ITS ALLEGED RIGHT, TITLE, OR 2,775
INTEREST IN THE PROPERTY IN THE REGULAR COURSE OF ITS BUSINESS, 2,776
FOR A SPECIFIED VALUABLE CONSIDERATION, WITHOUT ACTUAL KNOWLEDGE 2,777
OF ANY FACTS PERTAINING TO THE VIOLATION THAT WAS THE BASIS OF 2,778
THE FORFEITURE ORDER, IN GOOD FAITH AND WITHOUT THE INTENT TO 2,780
PREVENT OR OTHERWISE IMPEDE THE STATE FROM SEIZING OR OBTAINING A 2,781
FORFEITURE OF THE PROPERTY UNDER SECTIONS 2923.44 TO 2923.47 OF 2,782
THE REVISED CODE, AND PRIOR TO THE SEIZURE OR FORFEITURE OF THE 2,783
69
PROPERTY UNDER THOSE SECTIONS.
(4) UPON RECEIPT OF A PETITION FILED UNDER DIVISION (F)(3) 2,785
OF THIS SECTION, THE COURT SHALL HOLD A HEARING TO DETERMINE THE 2,786
VALIDITY OF THE PETITIONER'S RIGHT, TITLE, OR INTEREST IN THE 2,787
PROPERTY THAT IS THE SUBJECT OF THE ORDER OF FORFEITURE. TO THE 2,788
EXTENT PRACTICABLE AND CONSISTENT WITH THE INTERESTS OF JUSTICE, 2,789
THE COURT SHALL HOLD THE HEARING WITHIN THIRTY DAYS AFTER THE 2,790
FILING OF THE PETITION. THE COURT MAY CONSOLIDATE THE HEARING ON 2,791
THE PETITION WITH A HEARING ON ANY OTHER PETITION FILED BY A 2,792
PERSON OTHER THAN THE OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR 2,793
ADJUDICATION AS A DELINQUENT CHILD IS THE BASIS OF THE ORDER OF 2,794
FORFEITURE. AT THE HEARING, THE PETITIONER MAY TESTIFY, PRESENT 2,795
EVIDENCE AND WITNESSES ON THE PETITIONER'S BEHALF, AND 2,796
CROSS-EXAMINE WITNESSES FOR THE STATE. THE STATE MAY PRESENT 2,797
EVIDENCE AND WITNESSES IN REBUTTAL AND IN DEFENSE OF ITS CLAIM TO 2,798
THE PROPERTY AND CROSS-EXAMINE WITNESSES FOR THE PETITIONER. IN 2,799
ADDITION TO EVIDENCE AND TESTIMONY PRESENTED AT THE HEARING, THE 2,800
COURT SHALL CONSIDER THE RELEVANT PORTIONS OF THE RECORD IN THE 2,801
CASE THAT RESULTED IN THE ORDER OF FORFEITURE. 2,803
(5)(a) THE COURT SHALL AMEND ITS ORDER OF FORFEITURE IN 2,805
ACCORDANCE WITH ITS DETERMINATION IF IT DETERMINES AT THE HEARING 2,807
THAT THE PETITIONER HAS ESTABLISHED EITHER OF THE FOLLOWING BY A 2,808
PREPONDERANCE OF THE EVIDENCE:
(i) THE PETITIONER HAS A LEGAL RIGHT, TITLE, OR INTEREST 2,810
IN THE PROPERTY THAT RENDERS THE ORDER OF FORFEITURE COMPLETELY 2,811
OR PARTIALLY INVALID BECAUSE IT WAS VESTED IN THE PETITIONER, 2,812
RATHER THAN THE ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA OR 2,813
THE DELINQUENT CHILD WHOSE ADJUDICATION IS THE BASIS OF THE 2,814
ORDER, OR WAS SUPERIOR TO ANY RIGHT, TITLE, OR INTEREST OF THAT 2,815
ADULT OFFENDER OR DELINQUENT CHILD, AT THE TIME OF THE COMMISSION 2,816
OF THE VIOLATION THAT IS THE BASIS OF THE ORDER. 2,817
(ii) THE PETITIONER IS A BONA FIDE PURCHASER FOR VALUE OF 2,819
THE RIGHT, TITLE, OR INTEREST IN THE PROPERTY AND WAS AT THE TIME 2,820
OF THE PURCHASE REASONABLY WITHOUT CAUSE TO BELIEVE THAT IT WAS 2,821
70
SUBJECT TO FORFEITURE UNDER THIS SECTION. 2,822
(b) THE COURT ALSO SHALL AMEND ITS ORDER OF FORFEITURE TO 2,824
REFLECT ANY RIGHT, TITLE, OR INTEREST OF A SECURED PARTY OR OTHER 2,825
LIENHOLDER OF RECORD IN THE PROPERTY SUBJECT TO THE ORDER THAT 2,826
WAS ESTABLISHED PURSUANT TO DIVISION (F)(3)(b) OF THIS SECTION BY 2,828
MEANS OF AN AFFIDAVIT, OR THAT WAS ESTABLISHED PURSUANT TO THAT 2,829
DIVISION BY THE FAILURE OF A PROSECUTING ATTORNEY TO ESTABLISH, 2,830
IN A HEARING AS DESCRIBED IN THAT DIVISION, THAT THE SECURED 2,831
PARTY OR OTHER LIENHOLDER DID NOT POSSESS THE ALLEGED RIGHT, 2,832
TITLE, OR INTEREST IN THE PROPERTY OR THAT THE SECURED PARTY OR 2,833
OTHER LIENHOLDER HAD ACTUAL KNOWLEDGE OF FACTS PERTAINING TO THE 2,834
VIOLATION THAT WAS THE BASIS OF THE ORDER. 2,835
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION, IF THE 2,838
COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER DIVISION (F) OF 2,839
THIS SECTION OR IF NO PETITIONS ARE FILED UNDER THAT DIVISION AND 2,840
THE TIME FOR FILING PETITIONS UNDER THAT DIVISION HAS EXPIRED, 2,841
THE STATE SHALL HAVE CLEAR TITLE TO ALL PROPERTY THAT IS THE 2,842
SUBJECT OF AN ORDER OF FORFEITURE ISSUED UNDER THIS SECTION AND 2,843
MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT PURCHASER OR OTHER 2,844
TRANSFEREE. 2,845
(2) IF AN AFFIDAVIT AS DESCRIBED IN DIVISION (F)(3)(b) OF 2,848
THIS SECTION IS FILED IN ACCORDANCE WITH THAT DIVISION, IF THE 2,849
AFFIDAVIT CONSTITUTES UNDER THE CIRCUMSTANCES DESCRIBED IN THAT 2,850
DIVISION CONCLUSIVE EVIDENCE OF THE VALIDITY OF THE RIGHT, TITLE, 2,852
OR INTEREST OF A SECURED PARTY OR OTHER LIENHOLDER OF RECORD IN 2,853
THE PROPERTY SUBJECT TO A FORFEITURE ORDER, AND IF ANY MORTGAGE, 2,854
SECURITY INTEREST, OR OTHER TYPE OF LIEN POSSESSED BY THE SECURED 2,855
PARTY OR OTHER LIENHOLDER IN CONNECTION WITH THE PROPERTY IS NOT 2,856
SATISFIED PRIOR TO A SALE OR OTHER DISPOSITION OF THE PROPERTY 2,857
PURSUANT TO SECTION 2923.46 OF THE REVISED CODE, THEN THE RIGHT, 2,859
TITLE, OR INTEREST OF THE SECURED PARTY OR OTHER LIENHOLDER IN 2,860
THE PROPERTY REMAINS VALID FOR PURPOSES OF SECTIONS 2923.44 TO 2,861
2923.47 OF THE REVISED CODE AND ANY SUBSEQUENT PURCHASER OR OTHER 2,862
TRANSFEREE OF THE PROPERTY PURSUANT TO SECTION 2923.46 OF THE 2,863
71
REVISED CODE SHALL TAKE THE PROPERTY SUBJECT TO THE CONTINUED 2,864
VALIDITY OF THE RIGHT, TITLE, OR INTEREST OF THE SECURED PARTY OR 2,865
OTHER LIENHOLDER IN THE PROPERTY.
Sec. 2923.45. (A) THE FOLLOWING PROPERTY IS SUBJECT TO 2,867
FORFEITURE TO THE STATE IN A CIVIL ACTION AS DESCRIBED IN 2,868
DIVISION (E) OF THIS SECTION, AND NO PERSON HAS ANY RIGHT, TITLE, 2,869
OR INTEREST IN THE FOLLOWING PROPERTY: 2,870
(1) ANY PROPERTY THAT CONSTITUTES, OR IS DERIVED DIRECTLY 2,872
OR INDIRECTLY FROM, ANY PROCEEDS THAT A PERSON OBTAINED DIRECTLY 2,873
OR INDIRECTLY FROM THE COMMISSION OF AN ACT THAT, UPON THE FILING 2,874
OF AN INDICTMENT, COMPLAINT, OR INFORMATION, COULD BE PROSECUTED 2,875
AS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR THAT, 2,876
UPON THE FILING OF A COMPLAINT, COULD BE THE BASIS FOR FINDING A 2,877
JUVENILE TO BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A 2,878
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE; 2,879
(2) ANY PROPERTY THAT WAS USED OR INTENDED TO BE USED IN 2,881
ANY MANNER TO COMMIT, OR TO FACILITATE THE COMMISSION OF, AN ACT 2,882
THAT, UPON THE FILING OF AN INDICTMENT, COMPLAINT, OR 2,883
INFORMATION, COULD BE PROSECUTED AS A VIOLATION OF SECTION 2,884
2923.42 OF THE REVISED CODE OR THAT, UPON THE FILING OF A 2,885
COMPLAINT, COULD BE THE BASIS FOR FINDING A JUVENILE TO BE A 2,886
DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A VIOLATION OF 2,887
SECTION 2923.42 OF THE REVISED CODE.
(B)(1) ALL RIGHT, TITLE, AND INTEREST IN PROPERTY 2,889
DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL VEST IN THE STATE 2,890
UPON THE COMMISSION OF THE ACT GIVING RISE TO A CIVIL FORFEITURE 2,891
UNDER THIS SECTION. 2,892
(2) THE PROVISIONS OF SECTION 2933.43 OF THE REVISED CODE 2,895
RELATING TO THE PROCEDURES FOR THE FORFEITURE OF CONTRABAND DO 2,896
NOT APPLY TO A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER 2,897
THIS SECTION. 2,898
(3) ANY PROPERTY TAKEN OR DETAINED PURSUANT TO THIS 2,900
SECTION IS NOT SUBJECT TO REPLEVIN AND IS CONSIDERED TO BE IN THE 2,901
CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY THAT SEIZED THE 2,902
72
PROPERTY. 2,903
THIS SECTION DOES NOT PRECLUDE THE HEAD OF A LAW 2,905
ENFORCEMENT AGENCY THAT SEIZES PROPERTY FROM SEEKING THE 2,906
FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW. IF THE HEAD 2,908
OF A LAW ENFORCEMENT AGENCY THAT SEIZES PROPERTY DOES NOT SEEK 2,909
THE FORFEITURE OF THAT PROPERTY PURSUANT TO FEDERAL LAW AND IF 2,910
THE PROPERTY IS SUBJECT TO FORFEITURE UNDER THIS SECTION, THE 2,911
PROPERTY IS SUBJECT ONLY TO THE ORDERS OF THE COURT OF COMMON
PLEAS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED, AND IT 2,912
SHALL BE DISPOSED OF IN ACCORDANCE WITH SECTION 2923.46 OF THE 2,914
REVISED CODE.
(4) NOTHING IN THIS SECTION PRECLUDES A FINANCIAL 2,916
INSTITUTION THAT HAS OR PURPORTS TO HAVE A SECURITY INTEREST IN 2,917
OR LIEN ON PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION 2,918
FROM COMMENCING A CIVIL ACTION OR TAKING OTHER APPROPRIATE LEGAL 2,919
ACTION IN CONNECTION WITH THE PROPERTY, PRIOR TO ITS DISPOSITION 2,920
IN ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE, FOR THE 2,922
PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY IN ORDER TO
FORECLOSE OR OTHERWISE ENFORCE THE SECURITY INTEREST OR LIEN. A 2,923
FINANCIAL INSTITUTION MAY COMMENCE A CIVIL ACTION OR TAKE OTHER 2,924
APPROPRIATE LEGAL ACTION FOR THAT PURPOSE PRIOR TO THE 2,925
DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH SECTION 2923.46 OF 2,926
THE REVISED CODE, EVEN IF A CIVIL ACTION TO OBTAIN A CIVIL 2,927
FORFEITURE HAS BEEN OR COULD BE COMMENCED UNDER THIS SECTION, 2,928
EVEN IF THE PROPERTY IS OR COULD BE THE SUBJECT OF AN ORDER OF 2,929
CIVIL FORFEITURE ISSUED UNDER THIS SECTION, AND EVEN IF THE 2,930
PROPERTY HAS BEEN SEIZED OR IS SUBJECT TO SEIZURE PURSUANT TO 2,931
THIS SECTION. 2,932
IF A FINANCIAL INSTITUTION COMMENCES A CIVIL ACTION OR 2,934
TAKES ANY OTHER APPROPRIATE LEGAL ACTION AS DESCRIBED IN THIS 2,935
DIVISION, IF THE FINANCIAL INSTITUTION SUBSEQUENTLY CAUSES THE 2,936
SALE OF THE PROPERTY PRIOR TO ITS SEIZURE PURSUANT TO THIS 2,937
SECTION AND ITS DISPOSITION PURSUANT TO SECTION 2923.46 OF THE 2,939
REVISED CODE, AND IF THE PERSON RESPONSIBLE FOR THE CONDUCT OF 2,940
73
THE SALE HAS ACTUAL KNOWLEDGE OF THE COMMENCEMENT OF A CIVIL 2,941
ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION OR ACTUAL 2,942
KNOWLEDGE OF AN ORDER OF CIVIL FORFEITURE ISSUED UNDER THIS 2,943
SECTION, THEN THE PERSON RESPONSIBLE FOR THE CONDUCT OF THE SALE 2,944
SHALL DISPOSE OF THE PROCEEDS OF THE SALE IN THE FOLLOWING ORDER: 2,945
(a) FIRST, TO THE PAYMENT OF THE COSTS OF THE SALE AND TO 2,947
THE PAYMENT OF THE COSTS INCURRED BY LAW ENFORCEMENT AGENCIES AND 2,948
FINANCIAL INSTITUTIONS IN CONNECTION WITH THE SEIZURE OF, STORAGE 2,949
OF, MAINTENANCE OF, AND PROVISION OF SECURITY FOR THE PROPERTY. 2,950
AS USED IN THIS DIVISION, "COSTS" OF A FINANCIAL INSTITUTION DO 2,951
NOT INCLUDE ATTORNEY'S FEES INCURRED BY THAT INSTITUTION IN 2,952
CONNECTION WITH THE PROPERTY. 2,953
(b) SECOND, THE REMAINING PROCEEDS OF THE SALE AFTER 2,955
COMPLIANCE WITH DIVISION (B)(4)(a) OF THIS SECTION, TO THE 2,957
PAYMENT IN THE ORDER OF PRIORITY OF THE SECURITY INTERESTS AND 2,958
LIENS OF VALID SECURITY INTERESTS AND LIENS PERTAINING TO THE 2,959
PROPERTY THAT, AT THE TIME OF THE VESTING IN THE STATE UNDER 2,960
DIVISION (B)(1) OF THIS SECTION OF THE RIGHT, TITLE, OR INTEREST 2,962
OF THE ADULT OR JUVENILE, ARE HELD BY KNOWN SECURED PARTIES AND
LIENHOLDERS; 2,963
(c) THIRD, THE REMAINING PROCEEDS OF THE SALE AFTER 2,965
COMPLIANCE WITH DIVISION (B)(4)(b) OF THIS SECTION, TO THE COURT 2,967
THAT HAS OR WOULD HAVE JURISDICTION IN A CIVIL ACTION TO OBTAIN A
CIVIL FORFEITURE UNDER THIS SECTION, FOR DISPOSITION IN 2,968
ACCORDANCE WITH SECTION 2923.46 OF THE REVISED CODE. 2,969
(C)(1) A LAW ENFORCEMENT OFFICER MAY SEIZE ANY PROPERTY 2,971
THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION UPON 2,974
PROCESS, OR A WARRANT AS DESCRIBED IN DIVISION (C)(2) OF THIS 2,975
SECTION, ISSUED BY A COURT OF COMMON PLEAS THAT HAS JURISDICTION 2,976
OVER THE PROPERTY. ADDITIONALLY, A LAW ENFORCEMENT OFFICER MAY
SEIZE THE PROPERTY, WITHOUT PROCESS OR A WARRANT BEING SO ISSUED, 2,978
WHEN ANY OF THE FOLLOWING APPLIES: 2,980
(a) THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER A 2,982
SEARCH WARRANT, A LAWFUL SEARCH WITHOUT A SEARCH WARRANT, OR AN 2,983
74
INSPECTION UNDER AN ADMINISTRATIVE INSPECTION WARRANT. 2,984
(b) THE PROPERTY IS THE SUBJECT OF A PRIOR JUDGMENT IN 2,986
FAVOR OF THE STATE IN A RESTRAINING ORDER, INJUNCTION, OR OTHER 2,987
PRESERVATION ORDER PROCEEDING UNDER SECTION 2923.44 OF THE 2,989
REVISED CODE, OR IS THE SUBJECT OF A FORFEITURE ORDER ISSUED
PURSUANT TO THAT SECTION. 2,990
(c) THE LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO 2,992
BELIEVE THAT THE PROPERTY IS DIRECTLY OR INDIRECTLY DANGEROUS TO 2,993
THE PUBLIC HEALTH OR SAFETY. 2,994
(d) THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER 2,996
AFFORDED THE OFFICER WITH PLAIN VIEW OF PERSONAL PROPERTY THAT IS 2,997
SUBJECT TO CIVIL FORFEITURE IN A CIVIL ACTION UNDER THIS SECTION, 2,998
THE INITIAL INTRUSION BY THE LAW ENFORCEMENT OFFICER WAS LAWFUL, 2,999
THE DISCOVERY OF THE PERSONAL PROPERTY BY THE LAW ENFORCEMENT 3,000
OFFICER WAS INADVERTENT, AND THE INCRIMINATING NATURE OF THE 3,001
PERSONAL PROPERTY WAS IMMEDIATELY APPARENT TO THE LAW ENFORCEMENT 3,002
OFFICER.
(2) FOR PURPOSES OF DIVISION (C)(1) OF THIS SECTION, THE 3,004
STATE MAY REQUEST A COURT OF COMMON PLEAS TO ISSUE A WARRANT THAT 3,005
AUTHORIZES THE SEIZURE OF PROPERTY THAT IS SUBJECT TO CIVIL 3,006
FORFEITURE UNDER THIS SECTION, IN THE SAME MANNER AS PROVIDED IN 3,007
CRIMINAL RULE 41 AND CHAPTER 2933. OF THE REVISED CODE FOR THE 3,009
ISSUANCE OF A SEARCH WARRANT. FOR PURPOSES OF DIVISION (C)(1) OF 3,011
THIS SECTION, ANY PROCEEDING BEFORE A COURT OF COMMON PLEAS THAT 3,012
INVOLVES A REQUEST FOR THE ISSUANCE OF PROCESS, OR A WARRANT AS 3,013
DESCRIBED IN THIS DIVISION, AUTHORIZING THE SEIZURE OF ANY 3,014
PROPERTY THAT IS SUBJECT TO CIVIL FORFEITURE UNDER THIS SECTION 3,015
SHALL BE RECORDED BY SHORTHAND, BY STENOTYPE, OR BY ANY OTHER 3,016
MECHANICAL, ELECTRONIC, OR VIDEO RECORDING DEVICE. THE RECORDING 3,017
OF AND ANY TRANSCRIPT OF THE RECORDING OF SUCH A PROCEEDING SHALL 3,018
NOT BE A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE 3,019
REVISED CODE UNTIL THE PROPERTY HAS BEEN SEIZED PURSUANT TO THE 3,021
PROCESS OR WARRANT. THIS DIVISION DOES NOT REQUIRE, AUTHORIZE, 3,023
OR PERMIT THE MAKING AVAILABLE FOR INSPECTION, OR THE COPYING, 3,024
75
UNDER SECTION 149.43 OF THE REVISED CODE OF ANY CONFIDENTIAL LAW 3,025
ENFORCEMENT INVESTIGATORY RECORD OR TRIAL PREPARATION RECORD, AS 3,026
DEFINED IN THAT SECTION.
(3) IF PROPERTY IS SEIZED PURSUANT TO DIVISION (C)(1) OF 3,028
THIS SECTION AND IF A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE 3,029
UNDER THIS SECTION, A CRIMINAL ACTION THAT COULD RESULT IN A 3,030
CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE REVISED CODE, OR 3,032
A DELINQUENT CHILD PROCEEDING THAT COULD RESULT IN A CRIMINAL 3,033
FORFEITURE UNDER THAT SECTION IS NOT PENDING AT THE TIME OF THE 3,034
SEIZURE OR PREVIOUSLY DID NOT OCCUR IN CONNECTION WITH THE 3,035
PROPERTY, THEN THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH 3,036
THE SEIZURE OCCURRED PROMPTLY SHALL COMMENCE A CIVIL ACTION TO 3,037
OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION IN CONNECTION WITH 3,038
THE PROPERTY, UNLESS AN INDICTMENT, COMPLAINT, OR INFORMATION 3,039
ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 2923.42 OF THE 3,040
REVISED CODE OR A COMPLAINT ALLEGING THAT A JUVENILE IS A 3,041
DELINQUENT CHILD BECAUSE OF THE COMMISSION OF AN ACT THAT IS A 3,042
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IS FILED PRIOR 3,043
TO THE COMMENCEMENT OF THE CIVIL ACTION. NOTHING IN DIVISION 3,044
(C)(3) OF THIS SECTION PRECLUDES THE FILING OF AN INDICTMENT, 3,045
COMPLAINT, OR INFORMATION ALLEGING THE COMMISSION OF A VIOLATION 3,046
OF SECTION 2923.42 OF THE REVISED CODE OR THE FILING OF A 3,047
COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD BECAUSE 3,048
OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF SECTION 3,049
2923.42 OF THE REVISED CODE, AFTER THE COMMENCEMENT OF A CIVIL 3,050
ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS SECTION.
(D)(1) THE FILING OF AN INDICTMENT, COMPLAINT, OR 3,052
INFORMATION ALLEGING THE COMMISSION OF A VIOLATION OF SECTION 3,053
2923.42 OF THE REVISED CODE THAT ALSO IS THE BASIS OF A CIVIL 3,054
ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, OR THE FILING 3,055
OF A COMPLAINT ALLEGING THAT A JUVENILE IS A DELINQUENT CHILD 3,056
BECAUSE OF THE COMMISSION OF AN ACT THAT IS A VIOLATION OF 3,057
SECTION 2923.42 OF THE REVISED CODE, AND THAT ALSO IS THE BASIS 3,058
OF A CIVIL ACTION FOR A CIVIL FORFEITURE UNDER THIS SECTION, UPON 3,059
76
THE MOTION OF THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE 3,060
INDICTMENT, COMPLAINT, OR INFORMATION OR THE COMPLAINT IN THE 3,061
DELINQUENT CHILD PROCEEDING IS FILED, SHALL STAY THE CIVIL 3,062
ACTION. 3,063
(2) A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS 3,065
SECTION MAY BE COMMENCED AS DESCRIBED IN DIVISION (E) OF THIS 3,066
SECTION WHETHER OR NOT THE ADULT OR JUVENILE WHO COMMITTED A 3,067
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR AN ACT THAT 3,068
IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE HAS BEEN 3,069
CHARGED BY AN INDICTMENT, COMPLAINT, OR INFORMATION WITH THE 3,070
COMMISSION OF A VIOLATION OF THAT SECTION, HAS PLEADED GUILTY TO 3,071
OR BEEN FOUND GUILTY OF A VIOLATION OF THAT SECTION, HAS BEEN 3,072
DETERMINED TO BE A DELINQUENT CHILD FOR THE COMMISSION OF A 3,073
VIOLATION OF THAT SECTION, HAS BEEN FOUND NOT GUILTY OF 3,074
COMMITTING A VIOLATION OF THAT SECTION, OR HAS NOT BEEN
DETERMINED TO BE A DELINQUENT CHILD FOR THE ALLEGED COMMISSION OF 3,075
A VIOLATION OF THAT SECTION. 3,076
(E)(1) THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH 3,078
PROPERTY DESCRIBED IN DIVISION (A) OF THIS SECTION IS LOCATED MAY 3,079
COMMENCE A CIVIL ACTION TO OBTAIN A CIVIL FORFEITURE UNDER THIS 3,080
SECTION BY FILING IN THE COURT OF COMMON PLEAS OF THAT COUNTY A 3,081
COMPLAINT THAT REQUESTS THE ISSUANCE OF AN ORDER OF CIVIL 3,082
FORFEITURE OF THE PROPERTY TO THE STATE. NOTICES OF THE ACTION 3,083
SHALL BE SERVED AND PUBLISHED IN ACCORDANCE WITH DIVISION (E)(2) 3,084
OF THIS SECTION. 3,085
(2) PRIOR TO OR SIMULTANEOUSLY WITH THE COMMENCEMENT OF 3,087
THE CIVIL ACTION AS DESCRIBED IN DIVISION (E)(1) OF THIS SECTION, 3,088
THE PROSECUTING ATTORNEY SHALL CONDUCT OR CAUSE TO BE CONDUCTED A 3,089
SEARCH OF THE APPROPRIATE PUBLIC RECORDS THAT RELATE TO THE 3,090
PROPERTY SUBJECT TO CIVIL FORFEITURE, AND SHALL MAKE OR CAUSE TO 3,091
BE MADE REASONABLY DILIGENT INQUIRIES, FOR THE PURPOSE OF 3,092
IDENTIFYING PERSONS WHO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE 3,093
PROPERTY. THE PROSECUTING ATTORNEY THEN SHALL CAUSE A NOTICE OF 3,094
THE COMMENCEMENT OF THE CIVIL ACTION, TOGETHER WITH A COPY OF THE 3,095
77
COMPLAINT FILED IN IT, TO BE GIVEN TO EACH PERSON WHO IS KNOWN, 3,096
BECAUSE OF THE CONDUCT OF THE SEARCH, THE MAKING OF THE 3,097
INQUIRIES, OR OTHERWISE, TO HAVE ANY RIGHT, TITLE, OR INTEREST IN 3,098
THE PROPERTY, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY 3,099
PERSONAL SERVICE. ADDITIONALLY, THE PROSECUTING ATTORNEY SHALL 3,100
CAUSE A SIMILAR NOTICE TO BE PUBLISHED ONCE A WEEK FOR TWO 3,101
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,102
COUNTY IN WHICH THE PROPERTY IS LOCATED. 3,103
(3) THE PROCEDURES SPECIFIED IN DIVISIONS (F)(3) TO (5) OF 3,105
SECTION 2923.44 OF THE REVISED CODE APPLY TO PERSONS CLAIMING ANY 3,107
RIGHT, TITLE, OR INTEREST IN PROPERTY SUBJECT TO CIVIL FORFEITURE
UNDER THIS SECTION. THE REFERENCES IN THOSE DIVISIONS TO THE 3,108
ADULT OFFENDER WHOSE CONVICTION OR GUILTY PLEA, OR THE DELINQUENT 3,109
CHILD WHOSE ADJUDICATION, IS THE BASIS OF AN ORDER OF CRIMINAL 3,110
FORFEITURE SHALL BE CONSTRUED FOR PURPOSES OF THIS SECTION TO 3,111
MEAN THE ADULT OR JUVENILE WHO COMMITTED THE ACT THAT COULD BE 3,112
THE BASIS OF AN ORDER OF CIVIL FORFEITURE UNDER THIS SECTION, AND 3,113
THE REFERENCES IN THOSE DIVISIONS TO AN ISSUED ORDER OF CRIMINAL 3,114
FORFEITURE SHALL BE INAPPLICABLE. 3,115
(4) A HEARING SHALL BE HELD IN THE CIVIL ACTION DESCRIBED 3,117
IN DIVISION (E)(1) OF THIS SECTION AT LEAST THIRTY DAYS AFTER THE 3,118
FINAL PUBLICATION OF NOTICE AS REQUIRED BY DIVISION (E)(2) OF 3,119
THIS SECTION AND AFTER THE DATE OF COMPLETION OF THE SERVICE OF 3,120
NOTICE BY PERSONAL SERVICE OR CERTIFIED MAIL, RETURN RECEIPT 3,121
REQUESTED, AS REQUIRED BY THAT DIVISION. FOLLOWING THE HEARING, 3,122
THE COURT SHALL ISSUE THE REQUESTED ORDER OF CIVIL FORFEITURE IF 3,123
THE COURT DETERMINES THAT THE PROSECUTING ATTORNEY HAS PROVEN BY 3,124
CLEAR AND CONVINCING EVIDENCE THAT THE PROPERTY IN QUESTION IS 3,125
PROPERTY AS DESCRIBED IN DIVISION (A)(1) OR (2) OF THIS SECTION 3,126
AND IF THE COURT HAS DISPOSED OF ALL PETITIONS FILED UNDER 3,127
DIVISION (E)(3) OF THIS SECTION OR NO PETITIONS HAVE BEEN SO 3,128
FILED AND THE TIME FOR FILING THEM HAS EXPIRED. AN ORDER OF 3,129
CIVIL FORFEITURE SO ISSUED SHALL STATE THAT ALL RIGHT, TITLE, AND 3,130
INTEREST IN THE PROPERTY IN QUESTION OF THE ADULT OR JUVENILE WHO 3,131
78
COMMITTED THE ACT THAT IS THE BASIS OF THE ORDER IS FORFEITED TO 3,132
THE STATE AND SHALL MAKE DUE PROVISION FOR THE RIGHT, TITLE, OR 3,133
INTEREST IN THAT PROPERTY OF ANY OTHER PERSON IN ACCORDANCE WITH 3,134
ANY DETERMINATIONS MADE BY THE COURT UNDER DIVISION (E)(3) OF 3,135
THIS SECTION AND IN ACCORDANCE WITH DIVISIONS (F)(5)(b) AND 3,137
(G)(2) OF SECTION 2923.44 OF THE REVISED CODE. 3,138
(5) SUBJECT TO DIVISION (G)(2) OF SECTION 2923.44 OF THE 3,141
REVISED CODE, IF A COURT OF COMMON PLEAS ENTERS AN ORDER OF CIVIL 3,142
FORFEITURE IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION, THE 3,143
STATE SHALL HAVE CLEAR TITLE TO THE PROPERTY THAT IS THE SUBJECT 3,144
OF THE ORDER AND MAY WARRANT GOOD TITLE TO ANY SUBSEQUENT 3,145
PURCHASER OR OTHER TRANSFEREE. 3,146
Sec. 2923.46. (A) IF PROPERTY IS SEIZED PURSUANT TO 3,148
SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, IT IS CONSIDERED 3,149
TO BE IN THE CUSTODY OF THE HEAD OF THE LAW ENFORCEMENT AGENCY 3,150
THAT SEIZED IT, AND THE HEAD OF THAT AGENCY MAY DO ANY OF THE 3,151
FOLLOWING WITH RESPECT TO THAT PROPERTY PRIOR TO ITS DISPOSITION 3,153
IN ACCORDANCE WITH DIVISION (A)(4) OR (B) OF THIS SECTION: 3,154
(1) PLACE THE PROPERTY UNDER SEAL; 3,156
(2) REMOVE THE PROPERTY TO A PLACE THAT THE HEAD OF THAT 3,158
AGENCY DESIGNATES; 3,159
(3) REQUEST THE ISSUANCE OF A COURT ORDER THAT REQUIRES 3,161
ANY OTHER APPROPRIATE MUNICIPAL CORPORATION, COUNTY, TOWNSHIP, 3,162
PARK DISTRICT CREATED PURSUANT TO SECTION 511.18 OR 1545.01 OF 3,164
THE REVISED CODE, OR STATE LAW ENFORCEMENT OFFICER OR OTHER
OFFICER TO TAKE CUSTODY OF THE PROPERTY AND, IF PRACTICABLE, 3,165
REMOVE IT TO AN APPROPRIATE LOCATION FOR EVENTUAL DISPOSITION IN 3,166
ACCORDANCE WITH DIVISION (B) OF THIS SECTION; 3,167
(4)(a) SEEK FORFEITURE OF THE PROPERTY PURSUANT TO FEDERAL 3,169
LAW. IF THE HEAD OF THAT AGENCY SEEKS ITS FORFEITURE PURSUANT TO 3,170
FEDERAL LAW, THE LAW ENFORCEMENT AGENCY SHALL DEPOSIT, USE, AND 3,171
ACCOUNT FOR PROCEEDS FROM A SALE OF THE PROPERTY UPON ITS 3,173
FORFEITURE, PROCEEDS FROM ANOTHER DISPOSITION OF THE PROPERTY 3,174
UPON ITS FORFEITURE, OR FORFEITED MONEYS IT RECEIVES, IN 3,175
79
ACCORDANCE WITH THE APPLICABLE FEDERAL LAW AND OTHERWISE SHALL 3,176
COMPLY WITH THAT LAW. 3,177
(b) IF THE STATE HIGHWAY PATROL SEIZED THE PROPERTY AND IF 3,179
THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SEEKS ITS 3,180
FORFEITURE PURSUANT TO FEDERAL LAW, THE APPROPRIATE GOVERNMENTAL 3,181
OFFICIALS SHALL DEPOSIT INTO THE STATE HIGHWAY PATROL CONTRABAND, 3,182
FORFEITURE, AND OTHER FUND ALL INTEREST OR OTHER EARNINGS DERIVED 3,184
FROM THE INVESTMENT OF THE PROCEEDS FROM A SALE OF THE PROPERTY
UPON ITS FORFEITURE, THE PROCEEDS FROM ANOTHER DISPOSITION OF THE 3,185
PROPERTY UPON ITS FORFEITURE, OR THE FORFEITED MONEYS. THE STATE 3,186
HIGHWAY PATROL SHALL USE AND ACCOUNT FOR THAT INTEREST OR OTHER 3,187
EARNINGS IN ACCORDANCE WITH THE APPLICABLE FEDERAL LAW. 3,188
(c) DIVISION (B) OF THIS SECTION AND DIVISIONS (D)(1) TO 3,191
(3) OF SECTION 2933.43 OF THE REVISED CODE DO NOT APPLY TO
PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO FEDERAL LAW OR 3,192
TO THE INTEREST OR OTHER EARNINGS THAT ARE DERIVED FROM THE 3,193
INVESTMENT OF PROCEEDS OR FORFEITED MONEYS RECEIVED PURSUANT TO 3,194
FEDERAL LAW AND THAT ARE DESCRIBED IN DIVISION (A)(4)(b) OF THIS 3,195
SECTION.
(B) IN ADDITION TO COMPLYING WITH ANY REQUIREMENTS IMPOSED 3,197
BY A COURT PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED 3,198
CODE, AND THE REQUIREMENTS IMPOSED BY THOSE SECTIONS, IN RELATION 3,199
TO THE DISPOSITION OF PROPERTY FORFEITED TO THE STATE UNDER 3,200
EITHER OF THOSE SECTIONS, THE PROSECUTING ATTORNEY WHO IS 3,201
RESPONSIBLE FOR ITS DISPOSITION SHALL DISPOSE OF THE PROPERTY AS 3,202
FOLLOWS: 3,203
(1) ANY VEHICLE THAT WAS USED IN A VIOLATION OF SECTION 3,206
2923.42 OF THE REVISED CODE OR IN AN ACT OF A JUVENILE THAT IS A 3,207
VIOLATION OF SECTION 2923.42 OF THE REVISED CODE SHALL BE GIVEN 3,208
TO THE LAW ENFORCEMENT AGENCY OF THE MUNICIPAL CORPORATION OR 3,210
COUNTY IN WHICH THE OFFENSE OR ACT OCCURRED IF THAT AGENCY 3,211
DESIRES TO HAVE THE VEHICLE, EXCEPT THAT, IF THE OFFENSE OR ACT 3,212
OCCURRED IN A TOWNSHIP OR IN A PARK DISTRICT CREATED PURSUANT TO 3,213
SECTION 511.18 OR 1545.01 OF THE REVISED CODE AND A LAW 3,214
80
ENFORCEMENT OFFICER EMPLOYED BY THE TOWNSHIP OR THE PARK DISTRICT
WAS INVOLVED IN THE SEIZURE OF THE VEHICLE, THE VEHICLE MAY BE 3,215
GIVEN TO THE LAW ENFORCEMENT AGENCY OF THAT TOWNSHIP OR PARK 3,216
DISTRICT IF THAT AGENCY DESIRES TO HAVE THE VEHICLE, AND EXCEPT 3,217
THAT, IF THE STATE HIGHWAY PATROL MADE THE SEIZURE OF THE 3,218
VEHICLE, THE VEHICLE MAY BE GIVEN TO THE STATE HIGHWAY PATROL IF 3,219
IT DESIRES TO HAVE THE VEHICLE. 3,220
(2) DRUGS SHALL BE DISPOSED OF PURSUANT TO SECTION 3719.11 3,222
OF THE REVISED CODE OR PLACED IN THE CUSTODY OF THE SECRETARY OF 3,223
THE TREASURY OF THE UNITED STATES FOR DISPOSAL OR USE FOR MEDICAL 3,225
OR SCIENTIFIC PURPOSES UNDER APPLICABLE FEDERAL LAW. 3,226
(3) FIREARMS AND DANGEROUS ORDNANCE SUITABLE FOR POLICE 3,228
WORK MAY BE GIVEN TO A LAW ENFORCEMENT AGENCY FOR THAT PURPOSE. 3,229
FIREARMS SUITABLE FOR SPORTING USE, OR AS MUSEUM PIECES OR 3,230
COLLECTORS' ITEMS, MAY BE DISPOSED OF BY SALE PURSUANT TO 3,231
DIVISION (B)(7) OF THIS SECTION. OTHER FIREARMS AND DANGEROUS 3,232
ORDNANCE SHALL BE DESTROYED BY A LAW ENFORCEMENT AGENCY OR SHALL 3,233
BE SENT TO THE BUREAU OF CRIMINAL IDENTIFICATION AND 3,234
INVESTIGATION FOR DESTRUCTION BY IT. 3,235
(4) COMPUTERS, COMPUTER NETWORKS, COMPUTER SYSTEMS, AND 3,237
COMPUTER SOFTWARE SUITABLE FOR POLICE WORK MAY BE GIVEN TO A LAW 3,238
ENFORCEMENT AGENCY FOR THAT PURPOSE. OTHER COMPUTERS, COMPUTER 3,239
NETWORKS, COMPUTER SYSTEMS, AND COMPUTER SOFTWARE SHALL BE 3,240
DISPOSED OF BY SALE PURSUANT TO DIVISION (B)(7) OF THIS SECTION 3,241
OR DISPOSED OF IN ANOTHER MANNER THAT THE COURT THAT ISSUED THE 3,242
ORDER OF FORFEITURE CONSIDERS PROPER UNDER THE CIRCUMSTANCES. 3,243
(5) OBSCENE MATERIALS SHALL BE DESTROYED. 3,245
(6) BEER, INTOXICATING LIQUOR, AND ALCOHOL SHALL BE 3,247
DISPOSED OF IN ACCORDANCE WITH DIVISION (D)(4) OF SECTION 2933.41 3,248
OF THE REVISED CODE. 3,249
(7) IN THE CASE OF PROPERTY NOT DESCRIBED IN DIVISIONS 3,252
(B)(1) TO (6) OF THIS SECTION AND OF PROPERTY DESCRIBED IN THOSE
DIVISIONS BUT NOT DISPOSED OF PURSUANT TO THEM, THE PROPERTY 3,253
SHALL BE SOLD IN ACCORDANCE WITH DIVISION (B)(7) OF THIS SECTION 3,254
81
OR, IN THE CASE OF FORFEITED MONEYS, DISPOSED OF IN ACCORDANCE 3,255
WITH DIVISION (B)(7) OF THIS SECTION. IF THE PROPERTY IS TO BE 3,256
SOLD, THE PROSECUTING ATTORNEY SHALL CAUSE A NOTICE OF THE 3,258
PROPOSED SALE OF THE PROPERTY TO BE GIVEN IN ACCORDANCE WITH LAW, 3,259
AND THE PROPERTY SHALL BE SOLD, WITHOUT APPRAISAL, AT A PUBLIC 3,260
AUCTION TO THE HIGHEST BIDDER FOR CASH. THE PROCEEDS OF A SALE 3,261
AND FORFEITED MONEYS SHALL BE APPLIED IN THE FOLLOWING ORDER: 3,262
(a) FIRST, TO THE PAYMENT OF THE COSTS INCURRED IN 3,264
CONNECTION WITH THE SEIZURE OF, STORAGE OF, MAINTENANCE OF, AND 3,265
PROVISION OF SECURITY FOR THE PROPERTY, THE FORFEITURE PROCEEDING 3,266
OR CIVIL ACTION, AND, IF ANY, THE SALE; 3,267
(b) SECOND, THE REMAINING PROCEEDS OR FORFEITED MONEYS 3,269
AFTER COMPLIANCE WITH DIVISION (B)(7)(a) OF THIS SECTION, TO THE 3,271
PAYMENT OF THE VALUE OF ANY LEGAL RIGHT, TITLE, OR INTEREST IN 3,272
THE PROPERTY THAT IS POSSESSED BY A PERSON WHO, PURSUANT TO 3,273
DIVISION (F) OF SECTION 2923.44 OF THE REVISED CODE OR DIVISION 3,275
(E) OF SECTION 2923.45 OF THE REVISED CODE, ESTABLISHED THE
VALIDITY OF AND CONSEQUENTLY PRESERVED THAT LEGAL RIGHT, TITLE, 3,276
OR INTEREST, INCLUDING, BUT NOT LIMITED TO, ANY MORTGAGE, 3,277
PERFECTED OR OTHER SECURITY INTEREST, OR OTHER LIEN IN THE 3,278
PROPERTY. THE VALUE OF THESE RIGHTS, TITLES, OR INTERESTS SHALL 3,279
BE PAID ACCORDING TO THEIR RECORD OR OTHER ORDER OF PRIORITY. 3,280
(c) THIRD, THE REMAINING PROCEEDS OR FORFEITED MONEYS 3,282
AFTER COMPLIANCE WITH DIVISIONS (B)(7)(a) AND (b) OF THIS 3,284
SECTION, AS FOLLOWS:
(i) IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, TEN 3,286
PER CENT TO ONE OR MORE ALCOHOL AND DRUG ADDICTION TREATMENT 3,287
PROGRAMS THAT ARE CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG 3,288
ADDICTION SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE AND 3,289
THAT ARE SPECIFIED IN THE ORDER OF FORFEITURE. A JUVENILE COURT 3,290
SHALL NOT SPECIFY AN ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM 3,291
IN THE ORDER OF FORFEITURE UNLESS THE PROGRAM IS A CERTIFIED 3,292
ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM AND, EXCEPT AS 3,293
PROVIDED IN DIVISION (B)(7)(c)(i) OF THIS SECTION, UNLESS THE 3,295
82
PROGRAM IS LOCATED IN THE COUNTY IN WHICH THE COURT THAT ORDERS
THE FORFEITURE IS LOCATED OR IN A CONTIGUOUS COUNTY. IF NO 3,296
CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM IS LOCATED 3,297
IN ANY OF THOSE COUNTIES, THE JUVENILE COURT MAY SPECIFY IN THE 3,298
ORDER A CERTIFIED ALCOHOL AND DRUG ADDICTION TREATMENT PROGRAM 3,299
LOCATED ANYWHERE WITHIN THIS STATE.
(ii) IF THE FORFEITURE WAS ORDERED IN A JUVENILE COURT, 3,301
NINETY PER CENT, AND IF THE FORFEITURE WAS ORDERED IN A COURT 3,302
OTHER THAN A JUVENILE COURT, ONE HUNDRED PER CENT TO APPROPRIATE 3,303
FUNDS IN ACCORDANCE WITH DIVISIONS (D)(1)(c) AND (2) OF SECTION 3,304
2933.43 OF THE REVISED CODE. THE REMAINING PROCEEDS OR FORFEITED 3,305
MONEYS SO DEPOSITED SHALL BE USED ONLY FOR THE PURPOSES 3,306
AUTHORIZED BY THOSE DIVISIONS AND DIVISION (D)(3)(a)(ii) OF THAT 3,307
SECTION.
(C)(1) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO 3,309
NOT PRECLUDE A FINANCIAL INSTITUTION THAT POSSESSED A VALID 3,310
MORTGAGE, SECURITY INTEREST, OR LIEN THAT IS NOT SATISFIED PRIOR 3,311
TO A SALE UNDER DIVISION (B)(7) OF THIS SECTION OR FOLLOWING A 3,312
SALE BY APPLICATION OF DIVISION (B)(7)(b) OF THIS SECTION, FROM 3,314
COMMENCING A CIVIL ACTION IN ANY APPROPRIATE COURT IN THIS OR 3,315
ANOTHER STATE TO OBTAIN A DEFICIENCY JUDGMENT AGAINST THE DEBTOR 3,316
IF THE FINANCIAL INSTITUTION OTHERWISE WOULD HAVE BEEN ENTITLED 3,317
TO DO SO IN THIS OR ANOTHER STATE. 3,318
(2) ANY LAW ENFORCEMENT AGENCY THAT OBTAINS ANY VEHICLE 3,320
PURSUANT TO DIVISION (B)(1) OF THIS SECTION SHALL TAKE THE 3,321
VEHICLE SUBJECT TO THE OUTSTANDING AMOUNT OF ANY SECURITY 3,322
INTEREST OR LIEN THAT ATTACHES TO THE VEHICLE. 3,323
(3) NOTHING IN THIS SECTION IMPAIRS A MORTGAGE, SECURITY 3,325
INTEREST, LIEN, OR OTHER INTEREST OF A FINANCIAL INSTITUTION IN 3,327
PROPERTY THAT WAS THE SUBJECT OF A FORFEITURE ORDER UNDER SECTION 3,328
2923.44 OR 2923.45 OF THE REVISED CODE AND THAT WAS SOLD OR 3,329
OTHERWISE DISPOSED OF IN A MANNER THAT DOES NOT CONFORM TO THE 3,330
REQUIREMENTS OF DIVISION (B) OF THIS SECTION, OR ANY RIGHT OF A 3,331
FINANCIAL INSTITUTION OF THAT NATURE TO COMMENCE A CIVIL ACTION 3,332
83
IN ANY APPROPRIATE COURT IN THIS OR ANOTHER STATE TO OBTAIN A 3,333
DEFICIENCY JUDGMENT AGAINST THE DEBTOR.
(4) FOLLOWING THE SALE UNDER DIVISION (B)(7) OF THIS 3,335
SECTION OF ANY PROPERTY THAT IS REQUIRED TO BE TITLED OR 3,336
REGISTERED UNDER THE LAW OF THIS STATE, THE PROSECUTING ATTORNEY 3,337
RESPONSIBLE FOR THE DISPOSITION OF THE PROPERTY SHALL CAUSE THE 3,338
STATE TO ISSUE AN APPROPRIATE CERTIFICATE OF TITLE OR 3,339
REGISTRATION TO THE PURCHASER OF THE PROPERTY. IF, IN A 3,341
DISPOSITION OF PROPERTY PURSUANT TO DIVISION (B) OF THIS SECTION, 3,342
THE STATE OR A POLITICAL SUBDIVISION IS GIVEN ANY PROPERTY THAT 3,343
IS REQUIRED TO BE TITLED OR REGISTERED UNDER THE LAW OF THIS 3,344
STATE, THE PROSECUTING ATTORNEY RESPONSIBLE FOR THE DISPOSITION 3,345
OF THE PROPERTY SHALL CAUSE THE STATE TO ISSUE AN APPROPRIATE 3,346
CERTIFICATE OF TITLE OR REGISTRATION TO ITSELF OR TO THE 3,347
POLITICAL SUBDIVISION.
(D) PROPERTY THAT HAS BEEN FORFEITED TO THE STATE PURSUANT 3,349
TO AN ORDER OF CRIMINAL FORFEITURE UNDER SECTION 2923.44 OF THE 3,350
REVISED CODE OR AN ORDER OF CIVIL FORFEITURE UNDER SECTION 3,351
2923.45 OF THE REVISED CODE SHALL NOT BE AVAILABLE FOR USE TO PAY 3,352
ANY FINE IMPOSED UPON A PERSON WHO IS CONVICTED OF OR PLEADS 3,353
GUILTY TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR 3,354
UPON A JUVENILE WHO IS FOUND BY A JUVENILE COURT TO BE A 3,355
DELINQUENT CHILD FOR AN ACT THAT IS A VIOLATION OF SECTION 3,356
2923.42 OF THE REVISED CODE.
(E) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE DO NOT 3,358
PROHIBIT A LAW ENFORCEMENT OFFICER FROM SEEKING THE FORFEITURE OF 3,359
CONTRABAND ASSOCIATED WITH A VIOLATION OF SECTION 2923.42 OF THE 3,360
REVISED CODE PURSUANT TO SECTION 2933.43 OF THE REVISED CODE. 3,361
Sec. 2923.47. (A) ANY PERSON WHO IS AGGRIEVED BY AN 3,363
ALLEGED UNLAWFUL SEIZURE OF PROPERTY THAT POTENTIALLY IS SUBJECT 3,364
TO FORFEITURE UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED 3,365
CODE MAY FILE A MOTION AS DESCRIBED IN DIVISION (B) OF THIS 3,366
SECTION WITH WHICHEVER OF THE FOLLOWING COURTS IS APPROPRIATE 3,367
UNDER THE CIRCUMSTANCES, WITHIN THE TIME DESCRIBED IN DIVISION 3,369
84
(C) OF THIS SECTION:
(1) THE COURT OF COMMON PLEAS IN WHICH A CRIMINAL 3,371
PROSECUTION FOR A VIOLATION OF SECTION 2923.42 OF THE REVISED 3,372
CODE IS PENDING;
(2) THE JUVENILE COURT IN WHICH A DELINQUENT CHILD ACTION 3,374
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 3,375
CODE IS PENDING;
(3) THE COURT OF COMMON PLEAS IN WHICH A CIVIL ACTION AS 3,377
DESCRIBED IN DIVISION (E) OF SECTION 2923.45 OF THE REVISED CODE 3,378
IS PENDING;
(4) THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE 3,380
PROPERTY WAS SEIZED. 3,381
(B) A MOTION FILED PURSUANT TO DIVISION (A) OF THIS 3,383
SECTION SHALL SPECIFY THAT THE SEIZURE OF SPECIFIED PROPERTY WAS 3,385
UNLAWFUL, STATE THE REASONS WHY THE MOVANT BELIEVES THE SEIZURE 3,386
WAS UNLAWFUL, STATE THAT THE MOVANT IS LAWFULLY ENTITLED TO 3,387
POSSESSION OF THE SEIZED PROPERTY, AND REQUEST THE COURT OF 3,388
COMMON PLEAS OR THE JUVENILE COURT TO ISSUE AN ORDER THAT
MANDATES THE LAW ENFORCEMENT AGENCY HAVING CUSTODY OF THE SEIZED 3,390
PROPERTY TO RETURN IT TO THE MOVANT. FOR PURPOSES OF THIS 3,391
DIVISION, AN UNLAWFUL SEIZURE OF PROPERTY INCLUDES, BUT IS NOT 3,392
LIMITED TO, A SEIZURE IN VIOLATION OF THE FOURTH AMENDMENT TO THE 3,393
CONSTITUTION OF THE UNITED STATES OR OF SECTION 14 OF ARTICLE I, 3,395
OHIO CONSTITUTION, AND A SEIZURE PURSUANT TO SECTIONS 2923.44 TO 3,396
2923.46 OF THE REVISED CODE OF PROPERTY OTHER THAN POTENTIALLY 3,397
FORFEITABLE PROPERTY AS DESCRIBED IN DIVISION (A)(1) OF SECTION 3,398
2923.44 OR DIVISION (A) OF SECTION 2923.45 OF THE REVISED CODE. 3,399
(C)(1) IF A MOTION AS DESCRIBED IN DIVISION (A) OF THIS 3,401
SECTION IS FILED PRIOR TO THE ENTRY OF AN ORDER OF FORFEITURE 3,402
UNDER SECTION 2923.44 OR 2923.45 OF THE REVISED CODE, THE COURT 3,403
OF COMMON PLEAS OR THE JUVENILE COURT PROMPTLY SHALL SCHEDULE A 3,404
HEARING ON THE MOTION AND CAUSE NOTICE OF THE DATE AND TIME OF 3,406
THE HEARING TO BE GIVEN TO THE MOVANT AND THE PROSECUTING 3,407
ATTORNEY OF THE COUNTY IN WHICH THE PROPERTY WAS SEIZED. AT THE 3,408
85
HEARING, THE MOVANT AND THE PROSECUTING ATTORNEY MAY PRESENT 3,409
WITNESSES AND EVIDENCE RELATIVE TO THE ISSUES OF WHETHER THE 3,410
PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED AND WHETHER THE MOVANT 3,411
IS LAWFULLY ENTITLED TO POSSESSION OF THE PROPERTY. IF, AFTER 3,412
THE HEARING, THE COURT OF COMMON PLEAS OR THE JUVENILE COURT 3,413
DETERMINES THAT THE MOVANT HAS ESTABLISHED, BY A PREPONDERANCE OF 3,414
THE EVIDENCE, THAT THE PROPERTY IN QUESTION WAS UNLAWFULLY SEIZED 3,415
AND THAT THE MOVANT IS LAWFULLY ENTITLED TO POSSESSION OF IT, THE 3,416
COURT SHALL ISSUE AN ORDER THAT REQUIRES THE LAW ENFORCEMENT 3,417
AGENCY HAVING CUSTODY OF THE SEIZED PROPERTY TO RETURN IT TO THE 3,418
MOVANT. 3,419
(2)(a) IF A MOTION IS FILED IN ACCORDANCE WITH DIVISION 3,422
(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 3,423
SECTION 2923.42 OF THE REVISED CODE OR A DELINQUENT CHILD ACTION 3,424
FOR AN ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED 3,425
CODE HAS BEEN COMMENCED BY THE FILING OF AN INDICTMENT, 3,426
INFORMATION, OR COMPLAINT, THEN THE COURT OF COMMON PLEAS OR THE 3,427
JUVENILE COURT SHALL TREAT THE MOTION AS A MOTION TO SUPPRESS 3,429
EVIDENCE.
(b) IF AN ORDER TO RETURN SEIZED PROPERTY IS ISSUED 3,431
PURSUANT TO DIVISION (C)(1) OF THIS SECTION, THE RETURNED 3,432
PROPERTY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY PENDING OR 3,433
SUBSEQUENTLY COMMENCED CRIMINAL PROSECUTION FOR A VIOLATION OF 3,434
SECTION 2923.42 OF THE REVISED CODE IF THE PROSECUTION AROSE OR 3,435
ARISES OUT OF THE UNLAWFUL SEIZURE OF THE PROPERTY, OR IN ANY 3,436
PENDING OR SUBSEQUENTLY COMMENCED DELINQUENT CHILD ACTION FOR AN 3,437
ACT THAT IS A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE IF 3,438
THE ACTION AROSE OR ARISES OUT OF THE UNLAWFUL SEIZURE OF THE 3,439
PROPERTY. 3,440
Sec. 2929.14. (A) Except as provided in division (C), 3,450
(D)(2), (D)(3), (D)(4), or (G) of this section and except in 3,451
relation to an offense for which a sentence of death or life 3,452
imprisonment is to be imposed, if the court imposing a sentence 3,453
86
upon an offender for a felony elects or is required to impose a 3,454
prison term on the offender pursuant to this chapter and is not 3,455
prohibited by division (G)(1) of section 2929.13 of the Revised 3,456
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall be one of the following: 3,458
(1) For a felony of the first degree, the prison term 3,460
shall be three, four, five, six, seven, eight, nine, or ten 3,461
years. 3,462
(2) For a felony of the second degree, the prison term 3,464
shall be two, three, four, five, six, seven, or eight years. 3,465
(3) For a felony of the third degree, the prison term 3,467
shall be one, two, three, four, or five years. 3,468
(4) For a felony of the fourth degree, the prison term 3,470
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, 3,471
fourteen, fifteen, sixteen, seventeen, or eighteen months. 3,472
(5) For a felony of the fifth degree, the prison term 3,474
shall be six, seven, eight, nine, ten, eleven, or twelve months. 3,476
(B) Except as provided in division (C), (D)(2), (D)(3), or 3,479
(G) of this section or in Chapter 2925. of the Revised Code, if 3,480
the court imposing a sentence upon an offender for a felony 3,481
elects or is required to impose a prison term on the offender and 3,482
if the offender previously has not served a prison term, the 3,483
court shall impose the shortest prison term authorized for the 3,484
offense pursuant to division (A) of this section, unless the 3,485
court finds on the record that the shortest prison term will 3,486
demean the seriousness of the offender's conduct or will not 3,487
adequately protect the public from future crime by the offender 3,488
or others. 3,489
(C) Except as provided in division (G) of this section or 3,491
in Chapter 2925. of the Revised Code, the court imposing a 3,492
sentence upon an offender for a felony may impose the longest 3,493
prison term authorized for the offense pursuant to division (A) 3,494
of this section only upon offenders who committed the worst forms 3,495
of the offense, upon offenders who pose the greatest likelihood 3,496
87
of committing future crimes, upon certain major drug offenders 3,497
under division (D)(3) of this section, and upon certain repeat 3,498
violent offenders in accordance with division (D)(2) of this 3,500
section.
(D)(1)(a)(i) Except as provided in division (D)(1)(b) of 3,502
this section, if an offender who is convicted of or pleads guilty 3,503
to a felony also is convicted of or pleads guilty to a 3,504
specification of the type described in section 2941.144 of the 3,505
Revised Code that charges the offender with having a firearm that 3,507
is an automatic firearm or that was equipped with a firearm 3,508
muffler or silencer on or about the offender's person or under 3,510
the offender's control while committing the felony, a
specification of the type described in section 2941.145 of the 3,511
Revised Code that charges the offender with having a firearm on 3,512
or about the offender's person or under the offender's control 3,513
while committing the offense and displaying the firearm, 3,515
brandishing the firearm, indicating that the offender possessed 3,516
the firearm, or using it to facilitate the offense, or a 3,518
specification of the type described in section 2941.141 of the
Revised Code that charges the offender with having a firearm on 3,520
or about the offender's person or under the offender's control 3,521
while committing the felony, the court, after imposing a prison 3,522
term on the offender for the felony under division (A), (D)(2), 3,524
or (D)(3) of this section, shall impose an additional prison 3,525
term, determined pursuant to this division, that shall not be 3,526
reduced pursuant to section 2929.20, section 2967.193, or any 3,527
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,528
Code. If the specification is of the type described in section 3,530
2941.144 of the Revised Code, the additional prison term shall be 3,531
six years. If the specification is of the type described in 3,533
section 2941.145 of the Revised Code, the additional prison term 3,535
shall be three years. If the specification is of the type 3,536
described in section 2941.141 of the Revised Code, the additional
prison term shall be one year. A court shall not impose more 3,538
88
than one additional prison term on an offender under this 3,539
division for felonies committed as part of the same act or 3,540
transaction. If a court imposes an additional prison term under 3,541
division (D)(1)(a)(ii) of this section, the court is not
precluded from imposing an additional prison term under this 3,542
division.
(ii) Except as provided in division (D)(1)(b) of this 3,545
section, if an offender who is convicted of or pleads guilty to a 3,546
violation of section 2923.161 of the Revised Code or to a felony 3,548
that includes, as an essential element, purposely or knowingly 3,549
causing or attempting to cause the death of or physical harm to 3,550
another, also is convicted of or pleads guilty to a specification 3,551
of the type described in section 2941.146 of the Revised Code 3,554
that charges the offender with committing the offense by 3,555
discharging a firearm from a motor vehicle, as defined in section 3,556
4501.01 of the Revised Code, other than a manufactured home, as 3,559
defined in section 4501.01 of the Revised Code, the court, after 3,561
imposing a prison term on the offender for the violation of 3,562
section 2923.161 of the Revised Code or for the other felony 3,564
offense under division (A), (D)(2), or (D)(3) of this section, 3,565
shall impose an additional prison term of five years upon the 3,566
offender that shall not be reduced pursuant to section 2929.20, 3,567
section 2967.193, or any other provision of Chapter 2967. or 3,568
Chapter 5120. of the Revised Code. A court shall not impose more 3,570
than one additional prison term on an offender under this
division for felonies committed as part of the same act or 3,572
transaction. If a court imposes an additional prison term on an
offender under this division relative to an offense, the court 3,573
also shall impose an additional prison term under division 3,574
(D)(1)(a)(i) of this section relative to the same offense, 3,575
provided the criteria specified in that division for imposing an 3,576
additional prison term are satisfied relative to the offender and 3,577
the offense.
(b) The court shall not impose any of the additional 3,579
89
prison terms described in division (D)(1)(a) of this section upon 3,582
an offender for a violation of section 2923.12 of the Revised 3,583
Code. The court shall not impose any of the additional prison 3,584
terms described in that division upon an offender for a violation 3,585
of section 2923.13 of the Revised Code unless all of the 3,586
following apply:
(i) The offender previously has been convicted of 3,589
aggravated murder, murder, or any felony of the first or second 3,590
degree.
(ii) Less than five years have passed since the offender 3,593
was released from prison or post-release control, whichever is 3,594
later, for the prior offense.
(2)(a) If an offender who is convicted of or pleads guilty 3,597
to a felony also is convicted of or pleads guilty to a 3,598
specification of the type described in section 2941.149 of the 3,599
Revised Code that the offender is a repeat violent offender, the 3,601
court shall impose a prison term from the range of terms 3,602
authorized for the offense under division (A) of this section 3,603
that may be the longest term in the range and that shall not be 3,604
reduced pursuant to section 2929.20, section 2967.193, or any 3,606
other provision of Chapter 2967. or Chapter 5120. of the Revised 3,607
Code. If the court finds that the repeat violent offender, in 3,609
committing the offense, caused any physical harm that carried a 3,610
substantial risk of death to a person or that involved 3,611
substantial permanent incapacity or substantial permanent 3,612
disfigurement of a person, the court shall impose the longest 3,613
prison term from the range of terms authorized for the offense 3,615
under division (A) of this section.
(b) If the court imposing a prison term on a repeat 3,618
violent offender imposes the longest prison term from the range 3,619
of terms authorized for the offense under division (A) of this 3,620
section, the court may impose on the offender an additional 3,621
definite prison term of one, two, three, four, five, six, seven, 3,622
eight, nine, or ten years if the court finds that both of the 3,623
90
following apply with respect to the prison terms imposed on the 3,624
offender pursuant to division (D)(2)(a) of this section and, if 3,625
applicable, divisions (D)(1) and (3) of this section: 3,626
(i) The terms so imposed are inadequate to punish the 3,629
offender and protect the public from future crime, because the 3,630
applicable factors under section 2929.12 of the Revised Code 3,633
indicating a greater likelihood of recidivism outweigh the 3,635
applicable factors under that section indicating a lesser
likelihood of recidivism. 3,636
(ii) The terms so imposed are demeaning to the seriousness 3,639
of the offense, because one or more of the factors under section 3,640
2929.12 of the Revised Code indicating that the offender's 3,641
conduct is more serious than conduct normally constituting the 3,642
offense are present, and they outweigh the applicable factors 3,643
under that section indicating that the offender's conduct is less 3,645
serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a violation of 3,648
section 2903.01 or 2907.02 of the Revised Code and the penalty 3,649
imposed for the violation is life imprisonment or commits a 3,650
violation of section 2903.02 of the Revised Code, if the offender 3,651
commits a violation of section 2925.03, 2925.04, or 2925.11 of 3,652
the Revised Code and that section requires the imposition of a 3,654
ten-year prison term on the offender or if a court imposing a 3,655
sentence upon an offender for a felony finds that the offender is 3,656
guilty of a specification of the type described in section 3,657
2941.1410 of the Revised Code, that the offender is a major drug 3,658
offender, is guilty of corrupt activity with the most serious 3,659
offense in the pattern of corrupt activity being a felony of the 3,660
first degree, or is guilty of an attempted forcible violation of 3,661
section 2907.02 of the Revised Code with the victim being under 3,662
thirteen years of age and that attempted violation is the felony 3,663
for which sentence is being imposed, the court shall impose upon 3,664
the offender for the felony violation a ten-year prison term that 3,665
cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 3,667
91
5120. of the Revised Code.
(b) The court imposing a prison term on an offender under 3,670
division (D)(3)(a) of this section may impose an additional 3,671
prison term of one, two, three, four, five, six, seven, eight, 3,672
nine, or ten years, if the court, with respect to the term 3,673
imposed under division (D)(3)(a) of this section and, if 3,674
applicable, divisions (D)(1) and (2) of this section, makes both 3,676
of the findings set forth in divisions (D)(2)(b)(i) and (ii) of 3,677
this section.
(4) If the offender is being sentenced for a fourth degree 3,679
felony OMVI offense and if division (G)(2) of section 2929.13 of 3,681
the Revised Code requires the sentencing court to impose upon the 3,682
offender a mandatory prison term, the sentencing court shall 3,683
impose upon the offender a mandatory prison term in accordance 3,684
with that division. In addition to the mandatory prison term,
the sentencing court may sentence the offender to an additional 3,685
prison term of any duration specified in division (A)(4) of this 3,686
section minus the sixty days imposed upon the offender as the 3,687
mandatory prison term. The total of the additional prison term 3,688
imposed under division (D)(4) of this section plus the sixty days 3,689
imposed as the mandatory prison term shall equal one of the 3,690
authorized prison terms specified in division (A)(4) of this
section. If the court imposes an additional prison term under 3,691
division (D)(4) of this section, the offender shall serve the 3,692
additional prison term after the offender has served the 3,693
mandatory prison term required for the offense. The court shall 3,694
not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code. 3,695
(E)(1) If a mandatory prison term is imposed upon an 3,698
offender pursuant to division (D)(1)(a) of this section for 3,699
having a firearm on or about the offender's person or under the
offender's control while committing a felony or if a mandatory 3,701
prison term is imposed upon an offender pursuant to division 3,702
(D)(1)(b) of this section for committing a felony specified in 3,703
92
that division by discharging a firearm from a motor vehicle, the 3,704
offender shall serve the mandatory prison term consecutively to 3,705
and prior to the prison term imposed for the underlying felony 3,706
pursuant to division (A), (D)(2), or (D)(3) of this section or 3,707
any other section of the Revised Code and consecutively to any 3,708
other prison term or mandatory prison term previously or 3,710
subsequently imposed upon the offender. 3,711
(2) If an offender who is an inmate in a jail, prison, or 3,714
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 3,716
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an 3,717
offender who is an inmate in a jail, prison, or other residential 3,718
detention facility or is under detention at a detention facility 3,719
commits another felony while the offender is an escapee in 3,721
violation of section 2921.34 of the Revised Code, any prison term 3,723
imposed upon the offender for one of those violations shall be 3,724
served by the offender consecutively to the prison term or term
of imprisonment the offender was serving when the offender 3,726
committed that offense and to any other prison term previously or 3,727
subsequently imposed upon the offender. As used in this
division, "detention" and "detention facility" have the same 3,728
meanings as in section 2921.01 of the Revised Code. 3,729
(3) If a prison term is imposed for a violation of 3,731
division (B) of section 2911.01 of the Revised Code, the offender 3,733
shall serve that prison term consecutively to any other prison 3,734
term.
(4) If multiple prison terms are imposed on an offender 3,736
for convictions of multiple offenses, the court may require the 3,737
offender to serve the prison terms consecutively if the court 3,738
finds that the consecutive service is necessary to protect the 3,739
public from future crime or to punish the offender and that 3,740
consecutive sentences are not disproportionate to the seriousness 3,741
of the offender's conduct and to the danger the offender poses to 3,743
93
the public, and if the court also finds any of the following: 3,744
(a) The offender committed the multiple offenses while the 3,747
offender was awaiting trial or sentencing, was under a sanction 3,748
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the 3,749
Revised Code, or was under post-release control for a prior 3,750
offense.
(b) The harm caused by the multiple offenses was so great 3,753
or unusual that no single prison term for any of the offenses 3,754
committed as part of a single course of conduct adequately 3,755
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct 3,757
demonstrates that consecutive sentences are necessary to protect 3,758
the public from future crime by the offender. 3,759
(5) When consecutive prison terms are imposed pursuant to 3,762
division (E)(1), (2), (3), or (4) of this section, the term to be 3,763
served is the aggregate of all of the terms so imposed. 3,764
(F) If a court imposes a prison term of a type described 3,767
in division (B) of section 2967.28 of the Revised Code, it shall 3,768
include in the sentence a requirement that the offender be 3,769
subject to a period of post-release control after the offender's 3,770
release from imprisonment, in accordance with that division. If 3,771
a court imposes a prison term of a type described in division (C) 3,772
of that section, it shall include in the sentence a requirement 3,773
that the offender be subject to a period of post-release control 3,774
after the offender's release from imprisonment, in accordance 3,775
with that division, if the parole board determines that a period 3,776
of post-release control is necessary. 3,777
(G) If a person is convicted of or pleads guilty to a 3,779
sexually violent offense and also is convicted of or pleads 3,780
guilty to a sexually violent predator specification that was 3,781
included in the indictment, count in the indictment, or 3,782
information charging that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of 3,783
the Revised Code, and Chapter 2971. of the Revised Code applies 3,784
94
regarding the prison term or term of life imprisonment without 3,785
parole imposed upon the offender and the service of that term of 3,786
imprisonment.
(H) IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO 3,788
A FELONY THAT IS AN OFFENSE OF VIOLENCE ALSO IS CONVICTED OF OR 3,790
PLEADS GUILTY TO A SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 3,791
2941.142 OF THE REVISED CODE THAT CHARGES THE OFFENDER WITH 3,792
HAVING COMMITTED THE FELONY WHILE PARTICIPATING IN A CRIMINAL 3,793
GANG, THE COURT SHALL IMPOSE UPON THE OFFENDER AN ADDITIONAL 3,795
PRISON TERM OF ONE, TWO, OR THREE YEARS.
Sec. 2933.41. (A)(1) Any property, other than contraband 3,801
that is subject to the provisions of section 2913.34 or 2933.43 3,803
of the Revised Code, other than property that is subject to 3,804
section 3719.141 of the Revised Code, other than property that is 3,805
forfeited under sections 2923.44 TO 2923.47 OR 2925.41 to 2925.45 3,807
of the Revised Code, other than a vehicle that is criminally 3,808
forfeited under an order issued under section 4503.233 or 3,809
4503.234 of the Revised Code and that is to be disposed of under 3,810
section 4503.234 of the Revised Code, other than property that 3,811
has been lawfully seized under sections 2933.71 to 2933.75 of the 3,812
Revised Code in relation to a medicaid fraud offense, and other 3,813
than property that has been lawfully seized in relation to a 3,814
violation of section 2923.32 of the Revised Code, that has been 3,815
lost, abandoned, stolen, seized pursuant to a search warrant, or 3,816
otherwise lawfully seized or forfeited, and that is in the 3,817
custody of a law enforcement agency shall be kept safely pending 3,818
the time it no longer is needed as evidence and shall be disposed 3,819
of pursuant to this section. Each law enforcement agency that 3,820
has custody of any property that is subject to this section shall 3,821
adopt a written internal control policy that addresses the 3,822
keeping of detailed records as to the amount of property taken in 3,823
by the agency, that addresses the agency's disposition of the 3,824
property under this section, that provides for the keeping of 3,825
detailed records of the disposition of the property, and that 3,826
95
provides for the keeping of detailed financial records of the 3,827
amount and disposition of any proceeds of a sale of the property 3,828
under division (D)(8) of this section and of the general types of 3,829
expenditures made out of the proceeds retained by the agency and 3,830
the specific amount expended on each general type of expenditure. 3,831
The policy shall not provide for or permit the identification of 3,832
any specific expenditure that is made in an ongoing 3,833
investigation. The policy is a public record open for inspection 3,834
under section 149.43 of the Revised Code. 3,835
(2)(a) Every law enforcement agency that has any lost, 3,837
abandoned, stolen, seized, or forfeited property as described in 3,838
division (A)(1) of this section in its custody shall comply with 3,839
its written internal control policy adopted under that division 3,840
relative to the property. Each agency that has any property of 3,842
that nature in its custody, except for property to be disposed of 3,843
under division (D)(4) of this section, shall maintain an accurate 3,844
record, in accordance with its written internal control policy, 3,845
of each item of the property. The record shall include the date 3,846
on which each item of property came into the agency's custody, 3,847
the manner in which it was disposed of, the date of its 3,848
disposition, the name of the person who received the property if 3,849
it was not destroyed, and all other information required by the 3,850
agency's written internal control policy; however, the record 3,851
shall not identify or enable the identification of the individual 3,852
officer who seized any item of property. The record of any 3,853
property that no longer is needed as evidence, and all financial 3,854
records of the amount and disposition of any proceeds of a sale 3,855
under division (D)(8) of this section and of the general types of 3,856
expenditures made out of the proceeds retained by the agency and 3,857
the specific amount of each general type of expenditure, shall be 3,858
open to public inspection during the agency's regular business 3,859
hours. 3,860
Each law enforcement agency that, during any calendar year, 3,862
has any seized or forfeited property as described in division 3,863
96
(A)(1) of this section in its custody shall prepare a report 3,864
covering the calendar year that cumulates all of the information 3,865
contained in all of the records kept by the agency pursuant to 3,866
this division for that calendar year and shall send a copy of the 3,868
cumulative report, no later than the first day of March in the 3,869
calendar year following the calendar year covered by the report, 3,870
to the attorney general. Each report received by the attorney 3,871
general is a public record open for inspection under section 3,872
149.43 of the Revised Code. The attorney general shall make 3,873
copies of each report received and, no later than the fifteenth 3,874
day of April in the calendar year in which the report is 3,875
received, shall send a copy of it to the president of the senate 3,876
and the speaker of the house of representatives.
(b) Each law enforcement agency that receives in any 3,878
calendar year any proceeds of a sale under division (D)(8) of 3,879
this section shall prepare a report covering the calendar year 3,880
that cumulates all of the information contained in all of the 3,881
public financial records kept by the agency pursuant to division 3,882
(D)(2)(a) of this section for that calendar year and shall send a 3,884
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by 3,885
the report, to the attorney general. Each report received by the 3,886
attorney general is a public record open for inspection under 3,887
section 149.43 of the Revised Code. The attorney general shall 3,888
make copies of each report received and, no later than the 3,889
fifteenth day of April in the calendar year in which the report 3,890
is received, shall send a copy of it to the president of the 3,891
senate and the speaker of the house of representatives. 3,892
(B) A law enforcement agency that has property in its 3,894
possession that is required to be disposed of pursuant to this 3,895
section shall make a reasonable effort to locate the persons 3,896
entitled to possession of the property in its custody, to notify 3,897
them of when and where it may be claimed, and to return the 3,898
property to them at the earliest possible time. In the absence 3,899
97
of evidence identifying persons entitled to possession, it is 3,900
sufficient notice to advertise in a newspaper of general 3,901
circulation in the county, briefly describing the nature of the 3,902
property in custody and inviting persons to view and establish 3,903
their right to it. 3,904
(C) A person loses any right that the person may have to 3,906
the possession, or the possession and ownership, of property if 3,907
any of the following applies: 3,908
(1) The property was the subject, or was used in a 3,910
conspiracy or attempt to commit, or in the commission, of an 3,911
offense other than a traffic offense, and the person is a 3,912
conspirator, accomplice, or offender with respect to the offense. 3,913
(2) A court determines that the property should be 3,915
forfeited because, in light of the nature of the property or the 3,916
circumstances of the person, it is unlawful for the person to 3,917
acquire or possess the property. 3,918
(D) Unclaimed or forfeited property in the custody of a 3,920
law enforcement agency, other than contraband that is subject to 3,921
the provisions of section 2913.34 or 2933.43 of the Revised Code, 3,923
other than property forfeited under sections 2923.44 TO 2923.47 3,924
OR 2925.41 to 2925.45 of the Revised Code, and other than 3,926
property that has been lawfully seized in relation to a violation 3,927
of section 2923.32 of the Revised Code, shall be disposed of on 3,928
application to and order of any court of record that has 3,929
territorial jurisdiction over the political subdivision in which 3,930
the law enforcement agency has jurisdiction to engage in law 3,931
enforcement activities, as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11 3,933
of the Revised Code or placed in the custody of the secretary of 3,934
the treasury of the United States for disposal or use for medical 3,935
or scientific purposes under applicable federal law. 3,936
(2) Firearms and dangerous ordnance suitable for police 3,938
work may be given to a law enforcement agency for that purpose. 3,939
Firearms suitable for sporting use or as museum pieces or 3,940
98
collectors' items may be sold at public auction pursuant to 3,941
division (D)(8) of this section. Other firearms and dangerous 3,942
ordnance shall be destroyed by the agency or shall be sent to the 3,943
bureau of criminal identification and investigation for 3,944
destruction by the bureau. 3,945
(3) Obscene materials shall be destroyed. 3,947
(4) Beer, intoxicating liquor, or alcohol seized from a 3,949
person who is not the holder of a permit issued under Chapters 3,950
4301. and 4303. of the Revised Code or is an offender and 3,951
forfeited to the state under section 4301.45 or 4301.53 of the 3,952
Revised Code shall be sold by the division of liquor control, if 3,954
the division determines that the beer, intoxicating liquor, or 3,955
alcohol is fit for sale. If any tax imposed under Title XLIII of 3,956
the Revised Code has not been paid in relation to the beer,
intoxicating liquor, or alcohol, the proceeds of the sale shall 3,957
first be used to pay the tax. All other money collected under 3,958
division (D)(4) of this section shall be paid into the state 3,959
treasury. Any such beer, intoxicating liquor, or alcohol that 3,960
the division determines to be unfit for sale shall be destroyed. 3,962
(5) Money received by an inmate of a correctional 3,964
institution from an unauthorized source or in an unauthorized 3,965
manner shall be returned to the sender, if known, or deposited in 3,966
the inmates' industrial and entertainment fund if the sender is 3,967
not known. 3,968
(6) Vehicles and vehicle parts forfeited under sections 3,970
4549.61 to 4549.63 of the Revised Code may be given to a law 3,971
enforcement agency for use in the performance of its duties. 3,972
Those parts may be incorporated into any other official vehicle. 3,973
Parts that do not bear vehicle identification numbers or 3,974
derivatives of them may be sold or disposed of as provided by 3,975
rules of the director of public safety. Parts from which a 3,976
vehicle identification number or derivative of it has been 3,977
removed, defaced, covered, altered, or destroyed and that are not 3,978
suitable for police work or incorporation into an official 3,979
99
vehicle shall be destroyed and sold as junk or scrap. 3,980
(7)(a) Computers, computer networks, computer systems, and 3,982
computer software suitable for police work may be given to a law 3,983
enforcement agency for that purpose. Other computers, computer 3,984
networks, computer systems, and computer software shall be 3,985
disposed of pursuant to division (D)(8) of this section. 3,986
(b) As used in this section, "computers," "computer 3,988
networks," "computer systems," and "computer software" have the 3,989
same meanings as in section 2913.01 of the Revised Code. 3,990
(8) Other unclaimed or forfeited property, with the 3,992
approval of the court, may be used by the law enforcement agency 3,993
that has possession of it. If the other unclaimed or forfeited 3,994
property is not used by the law enforcement agency, it may be 3,995
sold, without appraisal, at a public auction to the highest 3,996
bidder for cash, or, in the case of other unclaimed or forfeited 3,997
moneys, disposed of in another manner that the court considers 3,998
proper in the circumstances. 3,999
(E)(1)(a) If the property was in the possession of the law 4,002
enforcement agency in relation to a delinquent child proceeding 4,003
in a juvenile court, ten per cent of the proceeds from property 4,004
disposed of pursuant to this section shall be applied to one or 4,005
more alcohol and drug addiction treatment programs that are 4,006
certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code and that are 4,008
specified by the court in its order issued under division (D) of 4,009
this section. A juvenile court shall not specify an alcohol or 4,011
drug addiction treatment program in the order unless the program 4,013
is a certified alcohol and drug addiction treatment program and, 4,014
except as provided in division (E)(1)(a) of this section, unless 4,015
the program is located in the county in which the court that 4,017
issues the orders is located or in a contiguous county. If no 4,018
certified alcohol and drug addiction treatment program is located 4,019
in any of those counties, the juvenile court may specify in the
order a certified alcohol and drug addiction treatment program 4,022
100
located anywhere within this state. The remaining ninety per 4,023
cent of the proceeds shall be applied as provided in divisions 4,024
(E)(1)(b) of this section. 4,025
If the property was in the possession of the law 4,027
enforcement agency other than in relation to a delinquent child 4,028
proceeding in a juvenile court, all of the proceeds from property 4,029
disposed of pursuant to this section shall be applied as provided 4,030
in division (E)(1)(b) of this section. 4,031
(b) Except as provided in divisions (D)(4), (5), and 4,033
(E)(2) of this section and after compliance with division 4,034
(E)(1)(a) of this section when that division is applicable, the 4,036
proceeds from property disposed of pursuant to this section shall 4,038
be placed in the general fund of the state, the county, the 4,039
township, or the municipal corporation, of which the law 4,040
enforcement agency involved is an agency. 4,041
(2) Each board of county commissioners that recognizes a 4,043
citizens' reward program as provided in section 9.92 of the 4,044
Revised Code shall notify each law enforcement agency of that 4,045
county and each law enforcement agency of a township or municipal 4,046
corporation wholly located in that county of the official 4,047
recognition of the citizens' reward program by filing a copy of 4,048
its resolution conferring that recognition with each of those law 4,050
enforcement agencies. When the board of county commissioners of 4,051
a county recognizes a citizens' reward program and the county 4,052
includes a part, but not all, of the territory of a municipal 4,053
corporation, the board shall so notify the law enforcement agency 4,054
of that municipal corporation of the official recognition of the 4,055
citizens' reward program only if the county contains the highest 4,056
percentage of the municipal corporation's population. Upon 4,057
receipt of a notice of that nature, each law enforcement agency 4,059
shall pay twenty-five per cent of the proceeds from each sale of 4,060
property disposed of pursuant to this section to the citizens' 4,061
reward program for use exclusively for the payment of rewards. 4,062
No part of those funds may be used to pay for the administrative 4,063
101
expenses or any other expenses associated with a citizens' reward 4,064
program. If a citizens' reward program that operates in more 4,065
than one county or in another state or states in addition to this 4,066
state receives funds pursuant to this section, the funds shall be 4,067
used to pay rewards only for tips and information to law 4,068
enforcement agencies concerning felonies, offenses of violence, 4,069
or misdemeanors that have been committed in the county from which 4,070
the funds were received. 4,071
(F) This section does not apply to the collection, 4,073
storage, or disposal of abandoned junk motor vehicles. This 4,074
section shall not be construed to rescind or restrict the 4,075
authority of a municipal law enforcement agency to keep and 4,076
dispose of lost, abandoned, stolen, seized, or forfeited property 4,077
under an ordinance of the municipal corporation, provided that, 4,078
when a municipal corporation that has received notice as provided 4,079
in division (E)(2) of this section disposes of property under an 4,081
ordinance of that nature, it shall pay twenty-five per cent of 4,082
the proceeds from any sale or auction to the citizens' reward 4,083
program as provided under that division. 4,084
(G) The receipt of funds by a citizens' reward program 4,086
pursuant to division (E) of this section does not make it a 4,087
governmental unit for purposes of section 149.43 of the Revised 4,088
Code and does not subject it to the disclosure provisions of that 4,089
section. 4,090
(H) For purposes of this section, "law enforcement agency" 4,092
includes correctional institutions. As used in this section, 4,093
"citizens' reward program" has the same meaning as in section 4,094
9.92 of the Revised Code. 4,095
Sec. 2933.43. (A)(1) Except as provided in this division 4,104
or in section 2913.34 or sections 2923.44 TO 2923.47 OR 2925.41 4,106
to 2925.45 of the Revised Code, a law enforcement officer shall 4,108
seize any contraband that has been, is being, or is intended to 4,109
be used in violation of division (A) of section 2933.42 of the 4,110
Revised Code. A law enforcement officer shall seize contraband 4,111
102
that is a watercraft, motor vehicle, or aircraft and that has 4,112
been, is being, or is intended to be used in violation of 4,113
division (A) of section 2933.42 of the Revised Code only if the 4,114
watercraft, motor vehicle, or aircraft is contraband because of 4,115
its relationship to an underlying criminal offense that is a 4,116
felony.
Additionally, a law enforcement officer shall seize any 4,118
watercraft, motor vehicle, aircraft, or other personal property 4,119
that is classified as contraband under division (B) of section 4,120
2933.42 of the Revised Code if the underlying offense involved in 4,121
the violation of division (A) of that section that resulted in 4,122
the watercraft, motor vehicle, aircraft, or personal property 4,123
being classified as contraband, is a felony. 4,124
(2) If a law enforcement officer seizes property that is 4,126
titled or registered under law, including a motor vehicle, 4,127
pursuant to division (A)(1) of this section, the officer or the 4,128
officer's employing law enforcement agency shall notify the owner 4,129
of the seizure. The notification shall be given to the owner at 4,130
the owner's last known address within seventy-two hours after the 4,131
seizure, and may be given orally by any means, including 4,132
telephone, or by certified mail, return receipt requested. 4,133
If the officer or the officer's agency is unable to provide 4,135
the notice required by this division despite reasonable, good 4,136
faith efforts to do so, the exercise of the reasonable, good 4,137
faith efforts constitutes fulfillment of the notice requirement 4,138
imposed by this division. 4,139
(B)(1) A motor vehicle seized pursuant to division (A)(1) 4,141
of this section and the contents of the vehicle may be retained 4,142
for a reasonable period of time, not to exceed seventy-two hours, 4,143
for the purpose of inspection, investigation, and the gathering 4,144
of evidence of any offense or illegal use. 4,145
At any time prior to the expiration of the seventy-two-hour 4,147
period, the law enforcement agency that seized the motor vehicle 4,148
may petition the court of common pleas of the county that has 4,149
103
jurisdiction over the underlying criminal case or administrative 4,150
proceeding involved in the forfeiture for an extension of the 4,151
seventy-two-hour period if the motor vehicle or its contents are 4,152
needed as evidence or if additional time is needed for the 4,153
inspection, investigation, or gathering of evidence. Upon the 4,154
filing of such a petition, the court immediately shall schedule a 4,155
hearing to be held at a time as soon as possible after the 4,156
filing, but in no event at a time later than the end of the next 4,157
business day subsequent to the day on which the petition was 4,158
filed, and upon scheduling the hearing, immediately shall notify 4,159
the owner of the vehicle, at the address at which notification of 4,160
the seizure was provided under division (A) of this section, of 4,161
the date, time, and place of the hearing. If the court, at the 4,162
hearing, determines that the vehicle or its contents, or both, 4,163
are needed as evidence or that additional time is needed for the 4,164
inspection, investigation, or gathering of evidence, the court 4,165
may grant the petition and issue an order authorizing the 4,166
retention of the vehicle or its contents, or both, for an 4,167
extended period as specified by the court in its order. An order 4,168
extending a period of retention issued under this division may be 4,169
renewed. 4,170
If no petition for the extension of the initial 4,172
seventy-two-hour period has been filed, prior to the expiration 4,173
of that period, under this division, if the vehicle was not in 4,174
the custody and control of the owner at the time of its seizure, 4,175
and if, at the end of that seventy-two-hour period, the owner of 4,176
the vehicle has not been charged with an offense or 4,177
administrative violation that includes the use of the vehicle as 4,178
an element and has not been charged with any other offense or 4,179
administrative violation in the actual commission of which the 4,180
motor vehicle was used, the vehicle and its contents shall be 4,181
released to its owner or the owner's agent, provided that the law 4,182
enforcement agency that seized the vehicle may require proof of 4,183
ownership of the vehicle, proof of ownership or legal possession 4,184
104
of the contents, and an affidavit of the owner that the owner 4,185
neither knew of nor expressly or impliedly consented to the use 4,186
of the vehicle that resulted in its forfeiture as conditions 4,187
precedent to release. If a petition for the extension of the 4,188
initial seventy-two-hour period has been filed, prior to the 4,189
expiration of that period, under this division but the court does 4,190
not grant the petition, if the vehicle was not in the custody and 4,191
control of the owner at the time of its seizure, and if, at the 4,192
end of that seventy-two-hour period, the owner of the vehicle has 4,193
not been charged with an offense or administrative violation that 4,194
includes the use of the vehicle as an element and has not been 4,195
charged with any other offense or administrative violation in the 4,196
actual commission of which the motor vehicle was used, the 4,197
vehicle and its contents shall be released to its owner or the 4,198
owner's agent, provided that the court may require the proof and 4,199
affidavit described in the preceding sentence as conditions 4,200
precedent to release. If the initial seventy-two-hour period has 4,201
been extended under this division, the vehicle and its contents 4,202
to which the extension applies may be retained in accordance with 4,203
the extension order. If, at the end of that extended period, the 4,204
owner of the vehicle has not been charged with an offense or 4,205
administrative violation that includes the use of the vehicle as 4,206
an element and has not been charged with any other offense or 4,207
administrative violation in the actual commission of which the 4,208
motor vehicle was used, and if the vehicle was not in the custody 4,209
and control of the owner at the time of its seizure, the vehicle 4,210
and its contents shall be released to its owner or the owner's 4,211
agent, provided that the court may require the proof and 4,212
affidavit described in the third preceding sentence as conditions 4,213
precedent to release. In cases in which the court may require 4,214
proof and affidavits as conditions precedent to release, the 4,215
court also may require the posting of a bond, with sufficient 4,216
sureties approved by the court, in an amount equal to the value 4,217
of the property to be released, as determined by the court, and 4,218
105
conditioned upon the return of the property to the court if it is 4,219
forfeited under this section, as a further condition to release. 4,220
If, at the end of the initial seventy-two-hour period or at the 4,221
end of any extended period granted under this section, the owner 4,222
has been charged with an offense or administrative violation that 4,223
includes the use of the vehicle as an element or has been charged 4,224
with another offense or administrative violation in the actual 4,225
commission of which the motor vehicle was used, or if the vehicle 4,226
was in the custody and control of the owner at the time of its 4,227
seizure, the vehicle and its contents shall be retained pending 4,228
disposition of the charge, provided that upon the filing of a 4,229
motion for release by the owner, if the court determines that the 4,230
motor vehicle or its contents, or both, are not needed as 4,231
evidence in the underlying criminal case or administrative 4,232
proceeding, the court may permit the release of the property that 4,233
is not needed as evidence to the owner; as a condition precedent 4,234
to a release of that nature, the court may require the owner to 4,235
execute a bond with the court. Any bond so required shall be in 4,236
an amount equal to the value of the property to be released, as 4,237
determined by the court, shall have sufficient sureties approved 4,238
by the court, and shall be conditioned upon the return of the 4,239
property to the court to which it is forfeited under this 4,240
section.
The final disposition of a motor vehicle seized pursuant to 4,242
division (A)(1) of this section shall be determined in accordance 4,243
with division (C) of this section. 4,244
(2) Pending a hearing pursuant to division (C) of this 4,246
section, and subject to divisions (B)(1) and (C) of this section, 4,247
any property lawfully seized pursuant to division (A) of this 4,248
section because it was contraband of a type described in division 4,249
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 4,251
2901.01 of the Revised Code shall not be subject to replevin or 4,252
other action in any court and shall not be subject to release 4,253
upon request of the owner, and no judgment shall be enforced 4,254
106
against the property. Pending the hearing, and subject to 4,255
divisions (B)(1) and (C) of this section, the property shall be 4,256
kept in the custody of the law enforcement agency responsible for 4,257
its seizure. 4,258
Pending a hearing pursuant to division (C) of this section, 4,260
and notwithstanding any provisions of division (B)(1) or (C) of 4,261
this section to the contrary, any property lawfully seized 4,262
pursuant to division (A) of this section because it was 4,263
contraband of a type described in division (A)(13)(a) or (c) of 4,265
section 2901.01 of the Revised Code shall not be subject to 4,266
replevin or other action in any court and shall not be subject to 4,267
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 4,268
notwithstanding any provisions of division (B)(1) or (C) of this 4,269
section to the contrary, the property shall be kept in the 4,270
custody of the law enforcement agency responsible for its 4,271
seizure. 4,272
A law enforcement agency that seizes property under 4,274
division (A) of this section because it was contraband of any 4,275
type described in division (A)(13) of section 2901.01 or division 4,277
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 4,278
shall include the date on which each item was seized, the manner 4,279
and date of its disposition, and if applicable, the name of the 4,280
person who received the item; however, the record shall not 4,281
identify or enable the identification of the individual officer 4,282
who seized the item. The record of property of that nature that 4,283
no longer is needed as evidence shall be open to public 4,284
inspection during the agency's regular business hours. Each law 4,285
enforcement agency that, during any calendar year, seizes 4,286
property under division (A) of this section because it was 4,287
contraband shall prepare a report covering the calendar year that 4,288
cumulates all of the information contained in all of the records 4,289
kept by the agency pursuant to this division for that calendar 4,290
107
year, and shall send a copy of the cumulative report, no later 4,291
than the first day of March in the calendar year following the 4,292
calendar year covered by the report, to the attorney general. 4,293
Each report received by the attorney general is a public record 4,294
open for inspection under section 149.43 of the Revised Code. 4,295
The attorney general shall make copies of each report received, 4,296
and, no later than the fifteenth day of April in the calendar 4,297
year in which the report is received, shall send a copy of it to 4,298
the president of the senate and the speaker of the house of 4,299
representatives. 4,300
(C) The prosecuting attorney, village solicitor, city 4,302
director of law, or similar chief legal officer who has 4,303
responsibility for the prosecution of the underlying criminal 4,304
case or administrative proceeding, or the attorney general if the 4,305
attorney general has that responsibility, shall file a petition 4,306
for the forfeiture, to the seizing law enforcement agency of the 4,307
contraband seized pursuant to division (A) of this section. The 4,308
petition shall be filed in the court that has jurisdiction over 4,309
the underlying criminal case or administrative proceeding 4,310
involved in the forfeiture. If the property was seized on the 4,311
basis of both a criminal violation and an administrative 4,312
regulation violation, the petition shall be filed by the officer 4,313
and in the court that is appropriate in relation to the criminal 4,314
case. 4,315
The petitioner shall conduct or cause to be conducted a 4,317
search of the appropriate public records that relate to the 4,318
seized property for the purpose of determining, and shall make or 4,319
cause to be made reasonably diligent inquiries for the purpose of 4,320
determining, any person having an ownership or security interest 4,321
in the property. The petitioner then shall give notice of the 4,322
forfeiture proceedings by personal service or by certified mail, 4,323
return receipt requested, to any persons known, because of the 4,324
conduct of the search, the making of the inquiries, or otherwise, 4,325
to have an ownership or security interest in the property, and 4,326
108
shall publish notice of the proceedings once each week for two 4,327
consecutive weeks in a newspaper of general circulation in the 4,328
county in which the seizure occurred. The notices shall be 4,329
personally served, mailed, and first published at least four 4,330
weeks before the hearing. They shall describe the property 4,331
seized; state the date and place of seizure; name the law 4,332
enforcement agency that seized the property and, if applicable, 4,333
that is holding the property; list the time, date, and place of 4,334
the hearing; and state that any person having an ownership or 4,335
security interest in the property may contest the forfeiture. 4,336
If the property seized was determined by the seizing law 4,338
enforcement officer to be contraband because of its relationship 4,339
to an underlying criminal offense or administrative violation, no 4,340
forfeiture hearing shall be held under this section unless the 4,341
person pleads guilty to or is convicted of the commission of, or 4,342
an attempt or conspiracy to commit, the offense or a different 4,343
offense arising out of the same facts and circumstances or unless 4,344
the person admits or is adjudicated to have committed the 4,345
administrative violation or a different violation arising out of 4,346
the same facts and circumstances; a forfeiture hearing shall be 4,347
held in a case of that nature no later than forty-five days after 4,348
the conviction or the admission or adjudication of the violation, 4,349
unless the time for the hearing is extended by the court for good 4,350
cause shown. The owner of any property seized because of its 4,351
relationship to an underlying criminal offense or administrative 4,352
violation may request the court to release the property to the 4,353
owner. Upon receipt of a request of that nature, if the court 4,354
determines that the property is not needed as evidence in the 4,355
underlying criminal case or administrative proceeding, the court 4,356
may permit the release of the property to the owner. As a 4,357
condition precedent to a release of that nature, the court may 4,358
require the owner to execute a bond with the court. Any bond so 4,359
required shall have sufficient sureties approved by the court, 4,360
shall be in a sum equal to the value of the property, as 4,361
109
determined by the court, and shall be conditioned upon the return 4,362
of the property to the court if the property is forfeited under 4,363
this section. Any property seized because of its relationship to 4,364
an underlying criminal offense or administrative violation shall 4,365
be returned to its owner if charges are not filed in relation to 4,366
that underlying offense or violation within thirty days after the 4,367
seizure, if charges of that nature are filed and subsequently are 4,368
dismissed, or if charges of that nature are filed and the person 4,369
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 4,370
violation.
If the property seized was determined by the seizing law 4,372
enforcement officer to be contraband other than because of a 4,373
relationship to an underlying criminal offense or administrative 4,374
violation, the forfeiture hearing under this section shall be 4,375
held no later than forty-five days after the seizure, unless the 4,376
time for the hearing is extended by the court for good cause 4,377
shown. 4,378
Where possible, a court holding a forfeiture hearing under 4,380
this section shall follow the Rules of Civil Procedure. When a 4,381
hearing is conducted under this section, property shall be 4,382
forfeited upon a showing, by a preponderance of the evidence, by 4,383
the petitioner that the person from which the property was seized 4,384
was in violation of division (A) of section 2933.42 of the 4,385
Revised Code. If that showing is made, the court shall issue an 4,386
order of forfeiture. If an order of forfeiture is issued in 4,387
relation to contraband that was released to the owner or the 4,388
owner's agent pursuant to this division or division (B)(1) of 4,389
this section, the order shall require the owner to deliver the 4,390
property, by a specified date, to the law enforcement agency that 4,391
employed the law enforcement officer who made the seizure of the 4,392
property, and the court shall deliver a copy of the order to the 4,393
owner or send a copy of it by certified mail, return receipt 4,394
requested, to the owner at the address to which notice of the 4,395
110
seizure was given under division (A)(2) of this section. Except 4,396
as otherwise provided in this division, all rights, interest, and 4,397
title to the forfeited contraband vests in the state, effective 4,398
from the date of seizure. 4,399
No property shall be forfeited pursuant to this division if 4,401
the owner of the property establishes, by a preponderance of the 4,402
evidence, that the owner neither knew, nor should have known 4,403
after a reasonable inquiry, that the property was used, or was 4,404
likely to be used, in a crime or administrative violation. No 4,405
bona fide security interest shall be forfeited pursuant to this 4,406
division if the holder of the interest establishes, by a 4,407
preponderance of the evidence, that the holder of the interest 4,408
neither knew, nor should have known after a reasonable inquiry, 4,410
that the property was used, or likely to be used, in a crime or 4,411
administrative violation, that the holder of the interest did not 4,412
expressly or impliedly consent to the use of the property in a 4,413
crime or administrative violation, and that the security interest 4,414
was perfected pursuant to law prior to the seizure. If the 4,415
holder of the interest satisfies the court that these 4,416
requirements are met, the interest shall be preserved by the 4,417
court. In a case of that nature, the court shall either order 4,418
that the agency to which the property is forfeited reimburse the 4,419
holder of the interest to the extent of the preserved interest or 4,420
order that the holder be paid for the interest from the proceeds 4,421
of any sale pursuant to division (D) of this section. 4,422
(D)(1) Contraband ordered forfeited pursuant to this 4,424
section shall be disposed of pursuant to divisions (D)(1) to (7) 4,425
of section 2933.41 of the Revised Code or, if the contraband is 4,426
not described in those divisions, may be used, with the approval 4,427
of the court, by the law enforcement agency that has custody of 4,428
the contraband pursuant to division (D)(8) of that section. In 4,429
the case of contraband not described in any of those divisions 4,430
and of contraband not disposed of pursuant to any of those 4,431
divisions, the contraband shall be sold in accordance with this 4,432
111
division or, in the case of forfeited moneys, disposed of in 4,433
accordance with this division. If the contraband is to be sold, 4,434
the prosecuting attorney shall cause a notice of the proposed 4,435
sale of the contraband to be given in accordance with law, and 4,436
the property shall be sold, without appraisal, at a public 4,437
auction to the highest bidder for cash. The proceeds of a sale 4,438
and forfeited moneys shall be applied in the following order: 4,439
(a) First, to the payment of the costs incurred in 4,441
connection with the seizure of, storage of, maintenance of, and 4,442
provision of security for the contraband, the forfeiture 4,443
proceeding, and, if any, the sale; 4,444
(b) Second, the remaining proceeds or forfeited moneys 4,446
after compliance with division (D)(1)(a) of this section, to the 4,447
payment of the balance due on any security interest preserved 4,448
pursuant to division (C) of this section; 4,449
(c) Third, the remaining proceeds or forfeited moneys 4,451
after compliance with divisions (D)(1)(a) and (b) of this 4,452
section, as follows: 4,453
(i) If the forfeiture was ordered in a juvenile court, ten 4,455
per cent to one or more alcohol and drug addiction treatment 4,456
programs that are certified by the department of alcohol and drug 4,457
addiction services under section 3793.06 of the Revised Code and 4,458
that are specified in the order of forfeiture. A juvenile court 4,460
shall not certify an alcohol or drug addiction treatment program 4,461
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 4,462
provided in division (D)(1)(c)(i) of this section, unless the 4,463
program is located in the county in which the court that orders 4,464
the forfeiture is located or in a contiguous county. If no 4,465
certified alcohol and drug addiction treatment program is located 4,466
in any of those counties, the juvenile court may specify in the 4,467
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 4,468
(ii) If the forfeiture was ordered in a juvenile court, 4,470
112
ninety per cent, and if the forfeiture was ordered in a court 4,471
other than a juvenile court, one hundred per cent to the law 4,472
enforcement trust fund of the prosecuting attorney and to the law 4,474
enforcement trust fund of the county sheriff if the county 4,475
sheriff made the seizure, to the law enforcement trust fund of a 4,476
municipal corporation if its police department made the seizure, 4,477
to the law enforcement trust fund of a township if the seizure 4,478
was made by a township police department, township police 4,479
district police force, or office of a township constable, to the 4,480
law enforcement trust fund of a park district created pursuant to 4,481
section 511.18 or 1545.01 of the Revised Code if the seizure was 4,482
made by the park district police force or law enforcement 4,483
department, to the state highway patrol contraband, forfeiture, 4,484
and other fund if the state highway patrol made the seizure, to 4,485
the liquor enforcement contraband, forfeiture, and other fund if 4,486
the liquor enforcement unit of the department of public safety 4,487
made the seizure, to the food stamp contraband, forfeiture, and 4,488
other fund if the food stamp trafficking unit of the department 4,490
of public safety made the seizure, to the board of pharmacy drug 4,491
law enforcement fund created by division (B)(1) of section 4,492
4729.65 of the Revised Code if the board made the seizure, or to 4,493
the treasurer of state for deposit into the peace officer 4,494
training commission fund if a state law enforcement agency, other 4,496
than the state highway patrol, the department of public safety, 4,497
or the state board of pharmacy, made the seizure. The 4,498
prosecuting attorney may decline to accept any of the remaining 4,499
proceeds or forfeited moneys, and, if the prosecuting attorney so 4,500
declines, the remaining proceeds or forfeited moneys shall be 4,501
applied to the fund described in this division that relates to 4,502
the law enforcement agency that made the seizure. 4,503
A law enforcement trust fund shall be established by the 4,505
prosecuting attorney of each county who intends to receive any 4,506
remaining proceeds or forfeited moneys pursuant to this division, 4,507
by the sheriff of each county, by the legislative authority of 4,508
113
each municipal corporation, by the board of township trustees of 4,509
each township that has a township police department, township 4,510
police district police force, or office of the constable, and by 4,511
the board of park commissioners of each park district created 4,512
pursuant to section 511.18 or 1545.01 of the Revised Code that 4,513
has a park district police force or law enforcement department, 4,514
for the purposes of this division. There is hereby created in 4,515
the state treasury the state highway patrol contraband, 4,516
forfeiture, and other fund, the liquor enforcement contraband, 4,517
forfeiture, and other fund, the food stamp contraband, 4,518
forfeiture, and other fund, and the peace officer training 4,519
commission fund, for the purposes described in this division. 4,521
Proceeds or forfeited moneys distributed to any municipal 4,523
corporation, township, or park district law enforcement trust 4,524
fund shall be allocated from the fund by the legislative 4,525
authority only to the police department of the municipal 4,526
corporation, by the board of township trustees only to the 4,527
township police department, township police district police 4,528
force, or office of the constable, and by the board of park 4,529
commissioners only to the park district police force or law 4,530
enforcement department. 4,531
Additionally, no proceeds or forfeited moneys shall be 4,533
allocated to or used by the state highway patrol, the food stamp 4,534
trafficking unit or liquor enforcement unit of the department of 4,536
public safety, the state board of pharmacy, or a county sheriff, 4,537
prosecuting attorney, municipal corporation police department, 4,538
township police department, township police district police 4,539
force, office of the constable, or park district police force or 4,540
law enforcement department unless the state highway patrol, 4,541
department of public safety, state board of pharmacy, sheriff, 4,542
prosecuting attorney, municipal corporation police department, 4,543
township police department, township police district police 4,544
force, office of the constable, or park district police force or 4,545
law enforcement department has adopted a written internal control 4,546
114
policy under division (D)(3) of this section that addresses the 4,547
use of moneys received from the state highway patrol contraband, 4,548
forfeiture, and other fund, the liquor enforcement contraband, 4,549
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, the board of pharmacy drug law 4,550
enforcement fund, or the appropriate law enforcement trust fund. 4,551
The state highway patrol contraband, forfeiture, and other fund, 4,552
the liquor enforcement contraband, forfeiture, and other fund, 4,553
the food stamp contraband, forfeiture, and other fund, and a law 4,554
enforcement trust fund shall be expended only in accordance with 4,555
the written internal control policy so adopted by the recipient, 4,556
and, subject to the requirements specified in division 4,557
(D)(3)(a)(ii) of this section, only to pay the costs of 4,558
protracted or complex investigations or prosecutions, to provide 4,559
reasonable technical training or expertise, to provide matching 4,560
funds to obtain federal grants to aid law enforcement, in the 4,561
support of DARE programs or other programs designed to educate 4,562
adults or children with respect to the dangers associated with 4,563
the use of drugs of abuse, or for other law enforcement purposes 4,565
that the superintendent of the state highway patrol, department 4,566
of public safety, prosecuting attorney, county sheriff, 4,567
legislative authority, board of township trustees, or board of 4,568
park commissioners determines to be appropriate. The board of 4,569
pharmacy drug law enforcement fund shall be expended only in 4,570
accordance with the written internal control policy so adopted by 4,571
the board and only in accordance with section 4729.65 of the 4,572
Revised Code. The state highway patrol contraband, forfeiture, 4,573
and other fund, the liquor enforcement contraband, seizure, and
other fund, the food stamp contraband, forfeiture, and other 4,574
fund, the board of pharmacy drug law enforcement fund, and a law 4,576
enforcement trust fund shall not be used to meet the operating 4,577
costs of the state highway patrol, of the food stamp trafficking 4,578
unit or liquor enforcement unit of the department of public 4,579
safety, of the state board of pharmacy, of any political 4,580
115
subdivision, or of any office of a prosecuting attorney or county 4,581
sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 4,583
treasury to be deposited into the peace officer training 4,584
commission fund shall be used by the commission only to pay the 4,586
costs of peace officer training. 4,587
Any sheriff or prosecuting attorney who receives proceeds 4,589
or forfeited moneys pursuant to this division during any calendar 4,590
year shall file a report with the county auditor, no later than 4,591
the thirty-first day of January of the next calendar year, 4,592
verifying that the proceeds and forfeited moneys were expended 4,593
only for the purposes authorized by this division and division 4,594
(D)(3)(a)(ii) of this section and specifying the amounts expended 4,595
for each authorized purpose. Any municipal corporation police 4,596
department that is allocated proceeds or forfeited moneys from a 4,597
municipal corporation law enforcement trust fund pursuant to this 4,598
division during any calendar year shall file a report with the 4,599
legislative authority of the municipal corporation, no later than 4,600
the thirty-first day of January of the next calendar year, 4,601
verifying that the proceeds and forfeited moneys were expended 4,602
only for the purposes authorized by this division and division 4,603
(D)(3)(a)(ii) of this section and specifying the amounts expended 4,604
for each authorized purpose. Any township police department, 4,605
township police district police force, or office of the constable 4,606
that is allocated proceeds or forfeited moneys from a township 4,607
law enforcement trust fund pursuant to this division during any 4,608
calendar year shall file a report with the board of township 4,609
trustees of the township, no later than the thirty-first day of 4,610
January of the next calendar year, verifying that the proceeds 4,611
and forfeited moneys were expended only for the purposes 4,612
authorized by this division and division (D)(3)(a)(ii) of this 4,613
section and specifying the amounts expended for each authorized 4,614
purpose. Any park district police force or law enforcement 4,615
department that is allocated proceeds or forfeited moneys from a 4,616
116
park district law enforcement trust fund pursuant to this 4,617
division during any calendar year shall file a report with the 4,618
board of park commissioners of the park district, no later than 4,619
the thirty-first day of January of the next calendar year, 4,620
verifying that the proceeds and forfeited moneys were expended 4,621
only for the purposes authorized by this division and division 4,622
(D)(3)(a)(ii) of this section and specifying the amounts expended 4,623
for each authorized purpose. The superintendent of the state 4,624
highway patrol shall file a report with the attorney general, no 4,625
later than the thirty-first day of January of each calendar year, 4,626
verifying that proceeds and forfeited moneys paid into the state 4,627
highway patrol contraband, forfeiture, and other fund pursuant to 4,628
this division during the prior calendar year were used by the 4,629
state highway patrol during the prior calendar year only for the 4,630
purposes authorized by this division and specifying the amounts 4,631
expended for each authorized purpose. The executive director of 4,632
the state board of pharmacy shall file a report with the attorney 4,633
general, no later than the thirty-first day of January of each 4,634
calendar year, verifying that proceeds and forfeited moneys paid 4,635
into the board of pharmacy drug law enforcement fund during the 4,636
prior calendar year were used only in accordance with section 4,637
4729.65 of the Revised Code and specifying the amounts expended 4,638
for each authorized purpose. The peace officer training 4,639
commission shall file a report with the attorney general, no 4,640
later than the thirty-first day of January of each calendar year, 4,642
verifying that proceeds and forfeited moneys paid into the peace 4,643
officer training commission fund pursuant to this division during 4,645
the prior calendar year were used by the commission during the 4,646
prior calendar year only to pay the costs of peace officer 4,648
training and specifying the amount used for that purpose. 4,649
(2) If more than one law enforcement agency is 4,651
substantially involved in the seizure of contraband that is 4,652
forfeited pursuant to this section, the court ordering the 4,653
forfeiture shall equitably divide the proceeds or forfeited 4,654
117
moneys, after calculating any distribution to the law enforcement 4,655
trust fund of the prosecuting attorney pursuant to division 4,656
(D)(1)(c) of this section, among any county sheriff whose office 4,657
is determined by the court to be substantially involved in the 4,658
seizure, any legislative authority of a municipal corporation 4,659
whose police department is determined by the court to be 4,660
substantially involved in the seizure, any board of township 4,661
trustees whose law enforcement agency is determined by the court 4,662
to be substantially involved in the seizure, any board of park 4,663
commissioners of a park district whose police force or law 4,664
enforcement department is determined by the court to be 4,665
substantially involved in the seizure, the state board of 4,666
pharmacy if it is determined by the court to be substantially 4,667
involved in the seizure, the food stamp trafficking unit or 4,668
liquor enforcement unit of the department of public safety if it 4,669
is determined by the court to be substantially involved in the 4,670
seizure, and the state highway patrol if it is determined by the 4,671
court to be substantially involved in the seizure. The proceeds 4,672
or forfeited moneys shall be deposited in the respective law 4,673
enforcement trust funds of the county sheriff, municipal 4,674
corporation, township, and park district, the board of pharmacy 4,675
drug law enforcement fund, the liquor enforcement contraband, 4,677
forfeiture, and other fund, the food stamp contraband, 4,678
forfeiture, and other fund, or the state highway patrol 4,679
contraband, forfeiture, and other fund, in accordance with 4,680
division (D)(1)(c) of this section. If a state law enforcement 4,681
agency, other than the state highway patrol, the food stamp 4,682
trafficking unit or liquor enforcement unit of the department of 4,683
public safety, or the state board of pharmacy, is determined by 4,684
the court to be substantially involved in the seizure, the state 4,685
agency's equitable share of the proceeds and forfeited moneys 4,686
shall be paid to the treasurer of state for deposit into the 4,687
peace officer training commission fund. 4,688
(3)(a)(i) Prior to being allocated or using any proceeds 4,690
118
or forfeited moneys out of the state highway patrol contraband, 4,691
forfeiture, and other fund, the liquor enforcement contraband, 4,692
forfeiture, and other fund, the food stamp contraband, seizure, 4,693
and other fund, the board of pharmacy drug law enforcement fund, 4,695
or a law enforcement trust fund under division (D)(1)(c) of this 4,696
section, the state highway patrol, the department of public
safety, the state board of pharmacy, and a county sheriff, 4,697
prosecuting attorney, municipal corporation police department, 4,698
township police department, township police district police 4,699
force, office of the constable, or park district police force or 4,700
law enforcement department shall adopt a written internal control 4,701
policy that addresses the state highway patrol's, department of 4,702
public safety's, state board of pharmacy's, sheriff's, 4,703
prosecuting attorney's, police department's, police force's, 4,704
office of the constable's, or law enforcement department's use 4,705
and disposition of all the proceeds and forfeited moneys received 4,706
and that provides for the keeping of detailed financial records 4,707
of the receipts of the proceeds and forfeited moneys, the general 4,708
types of expenditures made out of the proceeds and forfeited 4,709
moneys, the specific amount of each general type of expenditure, 4,710
and the amounts, portions, and programs described in division 4,711
(D)(3)(a)(ii) of this section. The policy shall not provide for 4,712
or permit the identification of any specific expenditure that is 4,713
made in an ongoing investigation. 4,714
All financial records of the receipts of the proceeds and 4,716
forfeited moneys, the general types of expenditures made out of 4,717
the proceeds and forfeited moneys, the specific amount of each 4,718
general type of expenditure by the state highway patrol, by the 4,719
department of public safety, by the state board of pharmacy, and 4,720
by a sheriff, prosecuting attorney, municipal corporation police 4,721
department, township police department, township police district 4,722
police force, office of the constable, or park district police 4,723
force or law enforcement department, and the amounts, portions, 4,724
and programs described in division (D)(3)(a)(ii) of this section 4,725
119
are public records open for inspection under section 149.43 of 4,726
the Revised Code. Additionally, a written internal control 4,727
policy adopted under this division is a public record of that 4,728
nature, and the state highway patrol, the department of public 4,729
safety, the state board of pharmacy, or the sheriff, prosecuting 4,730
attorney, municipal corporation police department, township 4,731
police department, township police district police force, office 4,732
of the constable, or park district police force or law 4,733
enforcement department that adopted it shall comply with it. 4,734
(ii) The written internal control policy of a county 4,736
sheriff, prosecuting attorney, municipal corporation police 4,737
department, township police department, township police district 4,738
police force, office of the constable, or park district police 4,739
force or law enforcement department shall provide that at least 4,740
ten per cent of the first one hundred thousand dollars of 4,741
proceeds and forfeited moneys deposited during each calendar year 4,742
in the sheriff's, prosecuting attorney's, municipal 4,743
corporation's, township's, or park district's law enforcement 4,744
trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46 4,745
OR DIVISION (B)(8)(c)(ii) of section 2925.44 of the Revised Code, 4,747
and at least twenty per cent of the proceeds and forfeited moneys 4,748
exceeding one hundred thousand dollars that are so deposited, 4,749
shall be used in connection with community preventive education 4,750
programs. The manner in which the described percentages are so 4,751
used shall be determined by the sheriff, prosecuting attorney, 4,752
department, police force, or office of the constable after the 4,753
receipt and consideration of advice on appropriate community 4,754
preventive education programs from the county's board of alcohol, 4,755
drug addiction, and mental health services, from the county's 4,756
alcohol and drug addiction services board, or through appropriate 4,757
community dialogue. The financial records described in division 4,758
(D)(3)(a)(i) of this section shall specify the amount of the 4,759
proceeds and forfeited moneys deposited during each calendar year 4,760
in the sheriff's, prosecuting attorney's, municipal 4,761
120
corporation's, township's, or park district's law enforcement 4,762
trust fund pursuant to division (B)(7)(c)(ii) OF SECTION 2923.46 4,763
OR (B)(8)(c)(ii) of section 2925.44 of the Revised Code, the 4,764
portion of that amount that was used pursuant to the requirements 4,765
of this division, and the community preventive education programs 4,766
in connection with which the portion of that amount was so used. 4,767
As used in this division, "community preventive education 4,769
programs" includes, but is not limited to, DARE programs and 4,770
other programs designed to educate adults or children with 4,771
respect to the dangers associated with the use of drugs of abuse. 4,772
(b) Each sheriff, prosecuting attorney, municipal 4,774
corporation police department, township police department, 4,775
township police district police force, office of the constable, 4,776
or park district police force or law enforcement department that 4,777
receives in any calendar year any proceeds or forfeited moneys 4,778
out of a law enforcement trust fund under division (D)(1)(c) of 4,779
this section or uses any proceeds or forfeited moneys in its law 4,780
enforcement trust fund in any calendar year shall prepare a 4,781
report covering the calendar year that cumulates all of the 4,782
information contained in all of the public financial records kept 4,783
by the sheriff, prosecuting attorney, municipal corporation 4,784
police department, township police department, township police 4,785
district police force, office of the constable, or park district 4,786
police force or law enforcement department pursuant to division 4,787
(D)(3)(a) of this section for that calendar year, and shall send 4,788
a copy of the cumulative report, no later than the first day of 4,789
March in the calendar year following the calendar year covered by 4,790
the report, to the attorney general. 4,791
The superintendent of the state highway patrol shall 4,793
prepare a report covering each calendar year in which the state 4,794
highway patrol uses any proceeds or forfeited moneys in the state 4,795
highway patrol contraband, forfeiture, and other fund under 4,796
division (D)(1)(c) of this section, that cumulates all of the 4,797
information contained in all of the public financial records kept 4,798
121
by the state highway patrol pursuant to division (D)(3)(a) of 4,799
this section for that calendar year, and shall send a copy of the 4,800
cumulative report, no later than the first day of March in the 4,801
calendar year following the calendar year covered by the report, 4,802
to the attorney general. 4,803
The department of public safety shall prepare a report 4,805
covering each fiscal year in which the department uses any 4,806
proceeds or forfeited moneys in the liquor enforcement 4,807
contraband, seizure, and other fund and the food stamp 4,808
contraband, forfeiture, and other fund under division (D)(1)(c) 4,809
of this section that cumulates all of the information contained 4,810
in all of the public financial records kept by the department 4,811
pursuant to division (D)(3)(a) of this section for that fiscal 4,812
year. The department shall send a copy of the cumulative report 4,813
to the attorney general no later than the first day of August in 4,814
the fiscal year following the fiscal year covered by the report. 4,815
The director of public safety shall include in the report a 4,816
verification that proceeds and forfeited moneys paid into the 4,817
liquor enforcement contraband, seizure, and other fund and the 4,819
food stamp contraband, forfeiture, and other fund under division 4,821
(D)(1)(c) of this section during the preceding fiscal year were 4,822
used by the department during that fiscal year only for the 4,823
purposes authorized by that division and shall specify the amount 4,824
used for each authorized purpose.
The executive director of the state board of pharmacy shall 4,826
prepare a report covering each calendar year in which the board 4,827
uses any proceeds or forfeited moneys in the board of pharmacy 4,828
drug law enforcement fund under division (D)(1)(c) of this 4,829
section, that cumulates all of the information contained in all 4,830
of the public financial records kept by the board pursuant to 4,831
division (D)(3)(a) of this section for that calendar year, and 4,832
shall send a copy of the cumulative report, no later than the 4,833
first day of March in the calendar year following the calendar 4,834
year covered by the report, to the attorney general. Each report 4,835
122
received by the attorney general is a public record open for 4,836
inspection under section 149.43 of the Revised Code. The 4,837
attorney general shall make copies of each report received, and, 4,838
no later than the fifteenth day of April in the calendar year in 4,839
which the report is received, shall send a copy of it to the 4,840
president of the senate and the speaker of the house of 4,841
representatives. 4,842
(4)(a) A law enforcement agency that receives pursuant to 4,844
federal law proceeds from a sale of forfeited contraband, 4,845
proceeds from another disposition of forfeited contraband, or 4,846
forfeited contraband moneys shall deposit, use, and account for 4,847
the proceeds or forfeited moneys in accordance with, and 4,848
otherwise comply with, the applicable federal law. 4,849
(b) If the state highway patrol receives pursuant to 4,851
federal law proceeds from a sale of forfeited contraband, 4,852
proceeds from another disposition of forfeited contraband, or 4,853
forfeited contraband moneys, the appropriate governmental 4,854
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 4,855
from the investment of the proceeds or forfeited moneys. The 4,856
state highway patrol shall use and account for that interest or 4,857
other earnings in accordance with the applicable federal law. 4,858
(c) If the liquor enforcement unit of the department of 4,860
public safety receives pursuant to federal law proceeds from a 4,861
sale of forfeited contraband, proceeds from another disposition 4,862
of forfeited contraband, or forfeited contraband moneys, the 4,863
appropriate governmental officials shall deposit into the liquor 4,864
enforcement contraband, forfeiture, and other fund all interest 4,865
or other earnings derived from the investment of the proceeds or 4,866
forfeited moneys. The department shall use and account for that 4,867
interest or other earnings in accordance with the applicable 4,868
federal law. 4,869
(d) If the food stamp fraud unit of the department of 4,872
public safety receives pursuant to federal law proceeds from a 4,873
123
sale of forfeited contraband, proceeds from another disposition 4,874
of forfeited contraband, or forfeited contraband moneys, the 4,875
appropriate governmental officials shall deposit into the food 4,876
stamp contraband, forfeiture, and other fund all interest or 4,877
other earnings derived from the investment of the proceeds or 4,878
forfeited moneys. The department shall use and account for that 4,879
interest or other earnings in accordance with the applicable 4,880
federal law.
(e) Divisions (D)(1) to (3) of this section do not apply 4,882
to proceeds or forfeited moneys received pursuant to federal law 4,884
or to the interest or other earnings that are derived from the 4,885
investment of proceeds or forfeited moneys received pursuant to 4,886
federal law and that are described in division (D)(4)(b) of this 4,887
section.
(E) Upon the sale pursuant to this section of any property 4,889
that is required to be titled or registered under law, the state 4,890
shall issue an appropriate certificate of title or registration 4,891
to the purchaser. If the state is vested with title pursuant to 4,892
division (C) of this section and elects to retain property that 4,893
is required to be titled or registered under law, the state shall 4,894
issue an appropriate certificate of title or registration. 4,895
(F) Notwithstanding any provisions of this section to the 4,897
contrary, any property that is lawfully seized in relation to a 4,898
violation of section 2923.32 of the Revised Code shall be subject 4,899
to forfeiture and disposition in accordance with sections 2923.32 4,900
to 2923.36 of the Revised Code,; ANY PROPERTY THAT IS FORFEITED 4,901
PURSUANT TO SECTION 2923.44 OR 2923.45 OF THE REVISED CODE IN 4,902
RELATION TO A VIOLATION OF SECTION 2923.42 OF THE REVISED CODE OR 4,903
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 4,904
AND DISPOSITION IN ACCORDANCE WITH SECTIONS 2923.44 TO 2923.47 OF 4,905
THE REVISED CODE; and any property that is forfeited pursuant to 4,907
section 2925.42 or 2925.43 of the Revised Code in relation to a 4,908
felony drug abuse offense, as defined in section 2925.01 of the 4,909
124
Revised Code, or in relation to an act that, if committed by an 4,910
adult, would be a felony drug abuse offense of that nature, may 4,911
be subject to forfeiture and disposition in accordance with 4,913
sections 2925.41 to 2925.45 of the Revised Code or this section. 4,914
(G) Any failure of a law enforcement officer or agency, a 4,916
prosecuting attorney, village solicitor, city director of law, or 4,917
similar chief legal officer, a court, or the attorney general to 4,918
comply with any duty imposed by this section in relation to any 4,919
property seized or with any other provision of this section in 4,920
relation to any property seized does not affect the validity of 4,921
the seizure of the property, provided the seizure itself was made 4,922
in accordance with law, and is not and shall not be considered to 4,923
be the basis for the suppression of any evidence resulting from 4,924
the seizure of the property, provided the seizure itself was made 4,925
in accordance with law. 4,926
(H) Contraband that has been forfeited pursuant to 4,928
division (C) of this section shall not be available for use to 4,929
pay any fine imposed upon a person who is convicted of or pleads 4,930
guilty to an underlying criminal offense or a different offense 4,931
arising out of the same facts and circumstances. 4,932
Sec. 2933.44. (A) As used in this section, 4,943
"juvenile-related forfeiture order" means any order of forfeiture 4,945
issued by a juvenile court under section 2923.32, 2923.44,
2923.45, 2925.42, 2925.43, or 2933.43 of the Revised Code and any 4,947
order of disposition of property issued by a court under section 4,948
2933.41 of the Revised Code regarding property that was in the 4,949
possession of a law enforcement agency in relation to a 4,950
delinquent child proceeding in a juvenile court. 4,951
(B) Each certified alcohol and drug addiction treatment 4,954
program that receives in any calendar year money under division 4,955
(D)(1)(a) of section 2923.35, DIVISION (B)(7)(c)(i) OF SECTION 4,956
2923.46, division (B)(8)(c)(i) of section 2925.44, division 4,958
(E)(1)(a) of section 2933.41, or division (D)(1)(c)(i) of section 4,959
2933.43 of the Revised Code subsequent to the issuance of any 4,960
125
juvenile-related forfeiture order shall file an annual report for 4,961
that calendar year with the attorney general and with the court 4,962
of common pleas and board of county commissioners of the county 4,963
in which the program is located and of any other county from 4,964
which the program received money under any of those divisions 4,965
subsequent to the issuance of the juvenile-related forfeiture 4,966
order. The program shall file the report on or before the first 4,967
day of March in the calendar year following the calendar year in 4,968
which the program received the money. The report shall include 4,969
statistics on the number of persons the program served, identify 4,970
the types of treatment services it provided to those persons, and 4,971
include a specific accounting of the purposes for which it used 4,972
the money so received. No information contained in the report 4,973
shall identify, or enable a person to determine the identity of, 4,974
any person served by the program. 4,975
Sec. 2941.142. (A) IMPOSITION OF A MANDATORY PRISON TERM 4,977
OF ONE, TWO, OR THREE YEARS PURSUANT TO DIVISION (H) OF SECTION 4,979
2929.14 OF THE REVISED CODE UPON AN OFFENDER WHO COMMITTED A 4,982
FELONY THAT IS AN OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A 4,984
CRIMINAL GANG IS PRECLUDED UNLESS THE INDICTMENT, COUNT IN THE 4,985
INDICTMENT, OR INFORMATION CHARGING THE FELONY SPECIFIES THAT THE 4,986
OFFENDER COMMITTED THE FELONY THAT IS AN OFFENSE OF VIOLENCE 4,987
WHILE PARTICIPATING IN A CRIMINAL GANG. THE SPECIFICATION SHALL 4,989
BE STATED AT THE END OF THE BODY OF THE INDICTMENT, COUNT, OR 4,990
INFORMATION, AND SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: 4,991
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT). THE 4,994
GRAND JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING
ATTORNEY'S NAME WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT 4,996
(SET FORTH THAT THE OFFENDER COMMITTED THE FELONY THAT IS AN 4,997
OFFENSE OF VIOLENCE WHILE PARTICIPATING IN A CRIMINAL GANG.)" 4,999
(B) AS USED IN THIS SECTION, "CRIMINAL GANG" HAS THE SAME 5,002
MEANING AS IN SECTION 2923.41 OF THE REVISED CODE. 5,003
Sec. 3719.11. All controlled substances, the lawful 5,012
possession of which is not established or the title to which 5,013
126
cannot be ascertained, which THAT have come into the custody of a 5,015
peace officer, shall be forfeited pursuant to sections 2923.44 TO
2923.47, 2925.41 to 2925.45, 2933.41, or 2933.43 of the Revised 5,016
Code, and, unless any such section provides for a different 5,018
manner of disposition, shall be disposed of as follows: 5,019
(A) The court or magistrate having jurisdiction shall 5,021
order the controlled substances forfeited and destroyed. The 5,022
agency served by the peace officer who obtained or took custody 5,023
of the controlled substances may destroy them or may send them to 5,024
the bureau of criminal identification and investigation for 5,025
destruction by it. A record of the place where the controlled 5,026
substances were seized, of the kinds and quantities of controlled 5,027
substances so destroyed, and of the time, place, and manner of 5,028
destruction, shall be kept, and a return under oath, reporting 5,029
the destruction, shall be made by the officer who destroys them 5,030
to the court or magistrate and to the United States director, 5,031
bureau of narcotics and dangerous drugs. 5,032
(B) Upon written application by the department of health, 5,034
the court or magistrate that ordered the forfeiture of the 5,035
controlled substances may order the delivery of any of them, 5,036
except heroin and its salts and derivatives, to the department 5,037
for distribution or destruction as provided in this section. 5,038
(C) Upon application by any hospital within this state 5,040
that is not operated for private gain, the department of health 5,041
may deliver any controlled substances that have come into its 5,042
custody pursuant to this section to the applicant for medicinal 5,043
use. The department may deliver excess stocks of the controlled 5,044
substances to the United States director, bureau of narcotics and 5,045
dangerous drugs, or may destroy the excess stocks. 5,046
(D) The department of health shall keep a complete record 5,048
of all controlled substances received pursuant to this section 5,049
and of all controlled substances disposed of pursuant to this 5,050
section, showing all of the following: 5,051
(1) The exact kinds, quantities, and forms of the 5,053
127
controlled substances; 5,054
(2) The persons from whom they were received and to whom 5,056
they were delivered; 5,057
(3) By whose authority they were received, delivered, or 5,059
destroyed; 5,060
(4) The dates of their receipt, delivery, or destruction. 5,062
(E) The record required by this section shall be open to 5,064
inspection by all federal and state officers charged with the 5,065
enforcement of federal and state narcotic and drug abuse control 5,066
laws. 5,067
Sec. 3719.21. Except as provided in DIVISION (C) OF 5,076
SECTION 2923.42, DIVISION (B)(5) OF SECTION 2923.44, divisions 5,077
(D)(1), (F), and (H) of section 2925.03, division (D)(1) of 5,078
section 2925.02, 2925.04, or 2925.05, division (E)(1) of section 5,079
2925.11, division (F) of section 2925.13 or 2925.36, division (D) 5,081
of section 2925.22, division (H) of section 2925.23, division (M)
of section 2925.37, division (B)(5) of section 2925.42, division 5,082
(B) of section 2929.18, division (D) of section 3719.99, division 5,084
(B)(1) of section 4729.65, and division (E)(3) of section 4729.99 5,085
of the Revised Code, the clerk of the court shall pay all fines 5,086
or forfeited bail assessed and collected under prosecutions or 5,087
prosecutions commenced for violations of this chapter, SECTION 5,088
2923.42 OF THE REVISED CODE, or Chapter 2925. of the Revised
Code, within thirty days, to the executive director of the state 5,089
board of pharmacy, and the executive director shall deposit the 5,090
fines into the state treasury to the credit of the occupational 5,091
licensing and regulatory fund.
Sec. 3767.02. (A) Any person, who uses, occupies, 5,100
establishes, or conducts a nuisance, or aids or abets therein, 5,101
and IN THE USE, OCCUPANCY, ESTABLISHMENT, OR CONDUCT OF A 5,102
NUISANCE; the owner, agent, or lessee of any AN interest in any 5,103
such nuisance together with the persons; ANY PERSON WHO IS 5,105
employed in or in control of any such THAT nuisance by any such 5,106
THAT owner, agent, or lessee; AND ANY PERSON WHO IS IN CONTROL OF 5,107
128
THAT NUISANCE is guilty of maintaining a nuisance and shall be 5,109
enjoined as provided in sections 3767.03 to 3767.06, inclusive, 5,110
3767.11 of the Revised Code.
(B) A CRIMINAL GANG THAT USES OR OCCUPIES ANY BUILDING, 5,112
PREMISES, OR REAL ESTATE, INCLUDING VACANT LAND, ON MORE THAN TWO 5,113
OCCASIONS WITHIN A ONE-YEAR PERIOD TO ENGAGE IN A PATTERN OF 5,114
CRIMINAL GANG ACTIVITY IS GUILTY OF MAINTAINING A NUISANCE AND 5,115
SHALL BE ENJOINED AS PROVIDED IN SECTIONS 3767.03 TO 3767.11 OF 5,116
THE REVISED CODE. AS USED IN THIS DIVISION, "CRIMINAL GANG" AND 5,117
"PATTERN OF CRIMINAL GANG ACTIVITY" HAVE THE SAME MEANINGS AS IN 5,118
SECTION 2923.41 OF THE REVISED CODE.
Sec. 4729.65. (A) Except as provided in division (B) of 5,127
this section, all receipts of the state board of pharmacy, from 5,128
any source, shall be deposited into the state treasury to the 5,129
credit of the occupational licensing and regulatory fund. All 5,130
vouchers of the board shall be approved by the president or 5,131
executive director of the board, or both, as authorized by the 5,132
board. All initial issuance fees and renewal fees required by 5,133
sections 4729.01 to 4729.54 of the Revised Code shall be payable 5,134
by the applicant at the time of making application. 5,135
(B)(1) There is hereby created in the state treasury the 5,138
board of pharmacy drug law enforcement fund. All moneys that are 5,139
derived from any FINES, mandatory fines, or forfeited bail to 5,140
which the board may be entitled under Chapter 2925., DIVISION 5,142
(C)(1) OF SECTION 2923.42, or division (B)(5) of section 2925.42 5,144
of the Revised Code and all moneys that are derived from 5,145
forfeitures of property to which the board may be entitled 5,146
pursuant to Chapter 2925. of the Revised Code, section 2923.32, 5,147
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised 5,148
Code, any other section of the Revised Code, or federal law shall 5,149
be deposited into the fund. Subject to division (B)(2) of this 5,150
section, division (D)(2)(c) of section 2923.35, DIVISION (B)(5) 5,151
OF SECTION 2923.44, DIVISION (B)(7)(c) OF SECTION 2923.46, and 5,154
divisions (D)(1)(c) and (3) of section 2933.43 of the Revised 5,156
129
Code, the moneys in the fund shall be used solely to subsidize 5,157
the drug law enforcement efforts of the board. 5,158
(2) Notwithstanding any contrary provision in the Revised 5,160
Code, moneys that are derived from forfeitures of property 5,161
pursuant to federal law and that are deposited into the board of 5,162
pharmacy drug law enforcement fund in accordance with division 5,163
(B)(1) of this section shall be used and accounted for in 5,164
accordance with the applicable federal law, and the board 5,165
otherwise shall comply with that law in connection with the 5,166
moneys. 5,167
(C) All fines and forfeited bonds assessed and collected 5,169
under prosecution or prosecution commenced in the enforcement of 5,170
this chapter shall be paid to the executive director of the board 5,171
within thirty days and by the executive director paid into the 5,173
state treasury to the credit of the occupational licensing and
regulatory fund. The board, subject to the approval of the 5,174
controlling board and except for fees required to be established 5,175
by the board at amounts "adequate" to cover designated expenses, 5,176
may establish fees in excess of the amounts provided by this 5,177
chapter, provided that such fees do not exceed the amounts 5,178
permitted by this chapter by more than fifty per cent.
Section 2. That existing sections 109.57, 109.60, 109.61, 5,181
2151.18, 2151.313, 2151.355, 2151.356, 2929.14, 2933.41, 2933.43, 5,182
2933.44, 3719.11, 3719.21, 3767.02, and 4729.65 of the Revised 5,183
Code are hereby repealed. 5,184
Section 3. (A) The General Assembly finds that it is the 5,186
right of every individual, regardless of race, color, creed, 5,187
religion, national origin, sex, age, sexual orientation, or 5,188
handicap, to be secure and protected from fear, intimidation, and 5,189
physical harm caused by the activities of violent groups and
individuals. It is not the intent of this act to interfere with 5,190
the exercise of the constitutionally protected rights of freedom 5,191
of expression and association. The General Assembly recognizes 5,192
the constitutional right of every citizen to harbor and express 5,194
130
beliefs on any lawful subject whatsoever, to lawfully associate 5,195
with others who share similar beliefs, to petition lawfully
constituted authority for a redress of grievances, and to 5,196
participate in the electoral process. 5,197
(B) The General Assembly finds, however, that the state of 5,199
Ohio is facing a mounting crisis caused by criminal gangs whose 5,200
members threaten and terrorize peaceful citizens and commit a 5,201
multitude of crimes. These activities, both individually and 5,202
collectively, present a clear and present danger to public order 5,203
and safety and are not constitutionally protected.
(C) It is the intent of the General Assembly to eradicate 5,205
the terror created by criminal gangs by providing enhanced 5,206
penalties and by eliminating the patterns, profits, proceeds, and 5,207
instrumentalities of criminal gang activity. 5,208
Section 4. That section 2151.355 of the Revised Code, as 5,210
amended by Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd 5,211
General Assembly, be amended to read as follows: 5,212
Sec. 2151.355. (A) If a child is adjudicated a delinquent 5,222
child, the court may make any of the following orders of 5,224
disposition:
(1) Any order that is authorized by section 2151.353 of 5,226
the Revised Code; 5,227
(2) Place the child on probation under any conditions that 5,229
the court prescribes. If the child is adjudicated a delinquent 5,230
child for violating section 2909.05, 2909.06, or 2909.07 of the 5,232
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 5,233
make restitution for the property damage caused by the child's 5,234
violation as a condition of the child's probation. If the child 5,236
is adjudicated a delinquent child because the child violated any 5,237
other section of the Revised Code, the court may require the 5,238
child as a condition of the child's probation to make restitution 5,239
for the property damage caused by the child's violation and for 5,240
the value of the property that was the subject of the violation 5,241
131
the child committed if it would be a theft offense, as defined in 5,242
division (K) of section 2913.01 of the Revised Code, if committed 5,243
by an adult. The restitution may be in the form of a cash 5,244
reimbursement paid in a lump sum or in installments, the 5,245
performance of repair work to restore any damaged property to its 5,246
original condition, the performance of a reasonable amount of 5,247
labor for the victim approximately equal to the value of the 5,248
property damage caused by the child's violation or to the value 5,249
of the property that is the subject of the violation if it would 5,250
be a theft offense if committed by an adult, the performance of 5,251
community service or community work, any other form of 5,252
restitution devised by the court, or any combination of the 5,253
previously described forms of restitution.
If the child is adjudicated a delinquent child for 5,255
violating a law of this state or the United States, or an 5,256
ordinance or regulation of a political subdivision of this state, 5,257
that would be a crime if committed by an adult or for violating 5,259
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 5,261
probation that the court imposes upon the delinquent child 5,263
pursuant to division (A)(2) of this section, shall require the 5,264
child as a condition of the child's probation to abide by the law 5,265
during the period of probation, including, but not limited to, 5,266
complying with the provisions of Chapter 2923. of the Revised 5,267
Code relating to the possession, sale, furnishing, transfer, 5,268
disposition, purchase, acquisition, carrying, conveying, or use 5,269
of, or other conduct involving, a firearm or dangerous ordnance, 5,270
as defined in section 2923.11 of the Revised Code. 5,271
(3) Commit the child to the temporary custody of any 5,273
school, camp, institution, or other facility operated for the 5,275
care of delinquent children by the county, by a district 5,276
organized under section 2151.34 or 2151.65 of the Revised Code, 5,277
or by a private agency or organization, within or without the 5,278
state, that is authorized and qualified to provide the care, 5,279
132
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 5,281
committing an act that would be a felony of the third, fourth, or 5,282
fifth degree if committed by an adult or for violating division 5,284
(A) of section 2923.211 of the Revised Code, commit the child to 5,285
the legal custody of the department of youth services for 5,286
institutionalization for an indefinite term consisting of a 5,287
minimum period of six months and a maximum period not to exceed 5,288
the child's attainment of twenty-one years of age; 5,289
(5)(a) If the child is adjudicated a delinquent child for 5,291
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 5,292
division (A) of section 2903.04 of the Revised Code or for 5,293
violating any provision of section 2907.02 of the Revised Code 5,294
other than division (A)(1)(b) of that section when the sexual 5,296
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 5,298
than the delinquent child, was the same age as the delinquent 5,299
child, or was less than three years younger than the delinquent 5,300
child, commit the child to the legal custody of the department of 5,301
youth services for institutionalization in a secure facility for 5,302
an indefinite term consisting of a minimum period of one to three 5,303
years, as prescribed by the court, and a maximum period not to 5,304
exceed the child's attainment of twenty-one years of age; 5,305
(b) If the child is adjudicated a delinquent child for 5,308
violating section 2923.02 of the Revised Code and if the 5,309
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 5,311
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 5,312
consisting of a minimum period of six to seven years, as 5,313
prescribed by the court, and a maximum period not to exceed the 5,314
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 5,316
committing an act that is not described in division (A)(5)(a) or 5,317
133
(b) of this section and that would be a felony of the first or 5,318
second degree if committed by an adult, commit the child to the 5,319
legal custody of the department of youth services for 5,320
institutionalization in a secure facility for an indefinite term 5,321
consisting of a minimum period of one year and a maximum period 5,322
not to exceed the child's attainment of twenty-one years of age. 5,323
(6) If the child is adjudicated a delinquent child for 5,325
committing a violation of section 2903.01 or 2903.02 of the 5,326
Revised Code, commit the child to the legal custody of the 5,328
department of youth services for institutionalization in a secure 5,329
facility until the child's attainment of twenty-one years of age; 5,330
(7)(a) If the child is adjudicated a delinquent child for 5,333
committing an act, other than a violation of section 2923.12 of 5,334
the Revised Code, that would be a felony if committed by an adult 5,335
and is committed to the legal custody of the department of youth 5,336
services pursuant to division (A)(4), (5), or (6) of this section 5,337
and if the court determines that the child, if the child was an 5,338
adult, would be guilty of a specification of the type set forth 5,339
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 5,340
Revised Code in relation to the act for which the child was 5,341
adjudicated a delinquent child, commit the child to the legal 5,342
custody of the department of youth services for
institutionalization in a secure facility for the following 5,343
period of time, subject to division (A)(7)(b)(c) of this section: 5,344
(i) If the child would be guilty of a specification of the 5,346
type set forth in section 2941.141 of the Revised Code, a period 5,347
of one year; 5,348
(ii) If the child would be guilty of a specification of 5,350
the type set forth in section 2941.144, 2941.145, or 2941.146 of 5,351
the Revised Code, a period of three years. 5,352
(b) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 5,354
COMMITTING A CATEGORY ONE OFFENSE OR A CATEGORY TWO OFFENSE AND 5,355
IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH 5,356
SERVICES PURSUANT TO DIVISION (A)(5) OR (6) OF THIS SECTION AND 5,357
134
IF THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN 5,358
ADULT, WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH 5,359
IN SECTION 2941.142 OF THE REVISED CODE IN RELATION TO THE ACT 5,360
FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT 5,361
SHALL COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF 5,363
YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR
A PERIOD OF NOT LESS THAN ONE YEAR OR MORE THAN THREE YEARS, 5,364
SUBJECT TO DIVISION (A)(7)(c) OF THIS SECTION. 5,366
(c) The court shall not commit a child to the legal 5,369
custody of the department of youth services pursuant to division 5,370
(A)(7)(a) OR (b) of this section for a period of time that 5,372
exceeds three years. The period of commitment imposed pursuant 5,373
to division (A)(7)(a) OR (b) of this section shall be in addition 5,375
to, and shall be served consecutively with and prior to, a period 5,376
of commitment ordered pursuant to division (A)(4), (5), or (6) of 5,377
this section, provided that the total of all the periods of 5,378
commitment shall not exceed the child's attainment of twenty-one 5,379
years of age.
(8)(a) Impose a fine and costs in accordance with the 5,382
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 5,384
of the property damage caused by the child's delinquent act and 5,385
for all or part of the value of the property that was the subject 5,386
of any delinquent act the child committed that would be a theft 5,387
offense, as defined in division (K) of section 2913.01 of the 5,388
Revised Code, if committed by an adult. If the court determines 5,389
that the victim of the child's delinquent act was sixty-five 5,390
years of age or older or permanently and totally disabled at the 5,391
time of the commission of the act, the court, regardless of 5,392
whether or not the child knew the age of the victim, shall 5,393
consider that fact in favor of imposing restitution, but that 5,394
fact shall not control the decision of the court. The 5,395
restitution may be in the form of a cash reimbursement paid in a 5,396
lump sum or in installments, the performance of repair work to 5,397
135
restore any damaged property to its original condition, the 5,398
performance of a reasonable amount of labor for the victim, the 5,399
performance of community service or community work, any other 5,400
form of restitution devised by the court, or any combination of 5,401
the previously described forms of restitution. 5,402
(9) Subject to division (D) of this section, suspend or 5,405
revoke the driver's license or temporary instruction permit 5,406
issued to the child or suspend or revoke the registration of all 5,407
motor vehicles registered in the name of the child; 5,408
(10) If the child is adjudicated a delinquent child for 5,410
committing an act that, if committed by an adult, would be a 5,412
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 5,413
Revised Code, impose a period of electronically monitored house 5,414
detention in accordance with division (I) of this section that 5,416
does not exceed the maximum sentence of imprisonment that could 5,417
be imposed upon an adult who commits the same act; 5,418
(11) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 5,420
VIOLATING SECTION 2923.42 OF THE REVISED CODE, THE COURT MAY 5,423
COMMIT THE CHILD AS AUTHORIZED IN DIVISION (A)(3) OR (5)(c) OF 5,426
THIS SECTION OR MAY PLACE THE CHILD UNDER ONE OR MORE OF THE 5,427
FOLLOWING NONRESIDENTIAL SANCTIONS:
(i) A PERIOD OF DAY REPORTING IN WHICH THE CHILD IS 5,429
REQUIRED EACH DAY TO REPORT TO AND LEAVE A CENTER OR OTHER 5,430
APPROVED REPORTING LOCATION AT SPECIFIED TIMES IN ORDER TO 5,431
PARTICIPATE IN WORK, EDUCATION OR TRAINING, TREATMENT, AND OTHER 5,432
APPROVED PROGRAMS AT THE CENTER OR OUTSIDE THE CENTER; 5,433
(ii) A PERIOD OF ELECTRONICALLY MONITORED HOUSE ARREST IN 5,436
ACCORDANCE WITH DIVISION (I) OF THIS SECTION; 5,437
(iii) A PERIOD OF COMMUNITY SERVICE OF UP TO FIVE HUNDRED 5,440
HOURS;
(iv) A PERIOD IN AN ALCOHOL OR DRUG TREATMENT PROGRAM WITH 5,443
A LEVEL OF SECURITY FOR THE CHILD AS DETERMINED NECESSARY BY THE 5,444
COURT;
136
(v) A PERIOD OF INTENSIVE SUPERVISION, IN WHICH THE CHILD 5,447
IS REQUIRED TO MAINTAIN FREQUENT CONTACT WITH A PERSON APPOINTED 5,448
BY THE COURT TO SUPERVISE THE CHILD WHILE THE CHILD IS SEEKING OR 5,449
MAINTAINING EMPLOYMENT AND PARTICIPATING IN TRAINING, EDUCATION, 5,450
AND TREATMENT PROGRAMS AS THE ORDER OF DISPOSITION; 5,451
(vi) A PERIOD OF BASIC SUPERVISION, IN WHICH THE CHILD IS 5,454
REQUIRED TO MAINTAIN CONTACT WITH A PERSON APPOINTED TO SUPERVISE 5,455
THE CHILD IN ACCORDANCE WITH SANCTIONS IMPOSED BY THE COURT; 5,456
(vii) A PERIOD OF DRUG AND ALCOHOL USE MONITORING; 5,459
(viii) A PERIOD IN WHICH THE COURT ORDERS THE CHILD TO 5,462
OBSERVE A CURFEW THAT MAY INVOLVE DAYTIME OR EVENING HOURS; 5,463
(ix) A REQUIREMENT THAT THE CHILD OBTAIN A HIGH SCHOOL 5,466
DIPLOMA, A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, OR EMPLOYMENT; 5,467
(x) A SUSPENSION OF THE CHILD'S DRIVER'S LICENSE OR 5,469
TEMPORARY INSTRUCTION PERMIT PURSUANT TO DIVISION (A)(9) OF THIS 5,471
SECTION;
(xi) IF THE COURT OBTAINS THE ASSENT OF THE VICTIM OF THE 5,474
CRIMINAL ACT COMMITTED BY THE CHILD, A REQUIREMENT THAT THE CHILD 5,475
PARTICIPATE IN A RECONCILIATION OR MEDIATION PROGRAM THAT 5,476
INCLUDES A MEETING IN WHICH THE CHILD AND THE VICTIM MAY DISCUSS 5,477
THE CRIMINAL ACT, DISCUSS RESTITUTION, AND CONSIDER OTHER 5,478
SANCTIONS FOR THE CRIMINAL ACT.
(12) Commit the child to the temporary or permanent 5,480
custody of the court; 5,481
(12)(13) Make any further disposition that the court finds 5,483
proper, except that the child shall not be placed in any of the 5,484
following:
(a) A state correctional institution, a county, 5,487
multicounty, or municipal jail or workhouse, or another place in 5,488
which an adult convicted of a crime, under arrest, or charged 5,489
with a crime is held;
(b) A community corrections facility, if the child would 5,492
be covered by the definition of public safety beds for purposes 5,493
of sections 5139.41 to 5139.45 of the Revised Code if the court 5,494
137
exercised its authority to commit the child to the legal custody 5,495
of the department of youth services for institutionalization or 5,496
institutionalization in a secure facility pursuant to division 5,497
(A)(4), (5), or (6) of this section. As used in division 5,498
(A)(12)(b) of this section, "community corrections facility" and 5,499
"public safety beds" have the same meanings as in section 5139.01 5,500
of the Revised Code. 5,501
(B)(1) If a child is adjudicated a delinquent child for 5,504
violating section 2923.32 of the Revised Code, the court, in 5,505
addition to any order of disposition it makes for the child under 5,506
division (A) of this section, shall enter an order of criminal 5,507
forfeiture against the child, in accordance with divisions 5,508
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 5,509
the Revised Code.
(2) If a child is adjudicated a delinquent child for 5,512
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 5,513
adjudication orders the commitment of the child, for two or more 5,514
of those acts, to the legal custody of the department of youth 5,515
services for institutionalization or institutionalization in a 5,516
secure facility pursuant to division (A)(4), (5), or (6) of this 5,517
section, the court may order that all of the periods of 5,518
commitment imposed under those divisions for those acts be served 5,520
consecutively in the legal custody of the department of youth 5,521
services and, if applicable, be in addition to and commence 5,522
immediately following the expiration of a period of commitment 5,523
that the court imposes pursuant to division (A)(7) of this 5,524
section. A court shall not commit a delinquent child to the 5,525
legal custody of the department of youth services under division 5,526
(B)(2) of this section for a period that exceeds the child's 5,527
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 5,529
committing an act that, if committed by an adult, would be a drug 5,531
abuse offense, as defined in section 2925.01 of the Revised Code, 5,532
138
or for violating division (B) of section 2917.11 of the Revised 5,533
Code, in addition to imposing in its discretion any other order 5,534
of disposition authorized by this section, the court shall do 5,535
both of the following:
(1) Require the child to participate in a drug abuse or 5,537
alcohol abuse counseling program; 5,538
(2) Suspend or revoke the temporary instruction permit or 5,540
probationary operator's license issued to the child until the 5,541
child attains eighteen years of age or attends, at the discretion 5,543
of the court, and satisfactorily completes, a drug abuse or 5,544
alcohol abuse education, intervention, or treatment program 5,545
specified by the court. During the time the child is attending 5,546
the program, the court shall retain any temporary instruction 5,547
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 5,548
completes the program. 5,549
(D) If a child is adjudicated a delinquent child for 5,552
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 5,554
division (A), (B), or (C) of this section, shall revoke the 5,556
temporary instruction permit and deny the child the issuance of 5,557
another temporary instruction permit in accordance with division 5,558
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 5,561
nonresident operating privilege of the child or deny the child 5,562
the issuance of a probationary driver's license, restricted 5,563
license, or temporary instruction permit in accordance with 5,564
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 5,565
Revised Code.
(E)(1) At the dispositional hearing and prior to making 5,567
any disposition pursuant to division (A) of this section, the 5,568
court shall determine whether a victim of the delinquent act 5,569
committed by the child was five years of age or younger at the 5,570
time the delinquent act was committed, whether a victim of the 5,571
139
delinquent act sustained physical harm to the victim's person 5,572
during the commission of or otherwise as a result of the 5,573
delinquent act, whether a victim of the delinquent act was 5,574
sixty-five years of age or older or permanently and totally 5,575
disabled at the time the delinquent act was committed, and 5,576
whether the delinquent act would have been an offense of violence 5,577
if committed by an adult. If the victim was five years of age or 5,578
younger at the time the delinquent act was committed, sustained 5,579
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 5,580
years of age or older or permanently and totally disabled at the 5,582
time the act was committed, regardless of whether the child knew 5,583
the age of the victim, and if the act would have been an offense 5,584
of violence if committed by an adult, the court shall consider 5,585
those facts in favor of imposing commitment under division 5,586
(A)(3), (4), (5), or (6) of this section, but those facts shall 5,587
not control the court's decision.
(2) At the dispositional hearing and prior to making any 5,589
disposition pursuant to division (A)(4), (5), or (6) of this 5,590
section, the court shall determine whether the delinquent child 5,591
previously has been adjudicated a delinquent child for a 5,592
violation of a law or ordinance. If the delinquent child 5,593
previously has been adjudicated a delinquent child for a 5,594
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 5,595
this section, shall consider the previous delinquent child 5,597
adjudication as a conviction of a violation of the law or 5,598
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 5,599
(F)(1) When a juvenile court commits a delinquent child to 5,601
the custody of the department of youth services pursuant to this 5,602
section, the court shall not designate the specific institution 5,603
in which the department is to place the child but instead shall 5,605
specify that the child is to be institutionalized or that the 5,606
140
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 5,607
(2) When a juvenile court commits a delinquent child to 5,609
the custody of the department of youth services, the court shall 5,610
provide the department with the child's medical records, a copy 5,611
of the report of any mental examination of the child ordered by 5,613
the court, the section or sections of the Revised Code violated 5,614
by the child and the degree of the violation, the warrant to 5,615
convey the child to the department, and a copy of the court's 5,616
journal entry ordering the commitment of the child to the legal 5,617
custody of the department. The court also shall complete the 5,618
form for the standard predisposition investigation report that is 5,619
developed and furnished by the department of youth services
pursuant to section 5139.04 of the Revised Code and provide the 5,620
department with the completed form. The department may refuse to 5,621
accept physical custody of a delinquent child who is committed to 5,623
the legal custody of the department until the court provides to 5,624
the department the documents specified in division (F)(2) of this 5,625
section. No officer or employee of the department who refuses to 5,626
accept physical custody of a delinquent child who is committed to 5,627
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 5,628
fails to provide the documents specified in division (F)(2) of 5,629
this section at the time the court transfers the physical custody 5,630
of the child to the department. 5,631
(3) Within five working days after the juvenile court 5,633
commits a delinquent child to the custody of the department of 5,634
youth services, the court shall provide the department with a 5,635
copy of the arrest record pertaining to the act for which the 5,636
child was adjudicated a delinquent child, a copy of any victim 5,637
impact statement pertaining to that act, and any other 5,638
information concerning the child that the department reasonably 5,639
requests. Within twenty working days after the department of 5,640
youth services receives physical custody of a delinquent child 5,641
141
from a juvenile court, the court shall provide the department 5,642
with a certified copy of the child's birth certificate or the 5,644
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 5,645
unsuccessful, the court shall provide the department with 5,646
documentation of the efforts it made to obtain the information. 5,647
(4) When a juvenile court commits a delinquent child to 5,649
the custody of the department of youth services, the court shall 5,650
give notice to the school attended by the child of the child's 5,651
commitment by sending to that school a copy of the court's 5,652
journal entry ordering the commitment. As soon as possible after 5,653
receipt of the notice described in this division, the school 5,654
shall provide the department with the child's school transcript. 5,655
However, the department shall not refuse to accept a child 5,656
committed to it, and a child committed to it shall not be held in 5,657
a county or district detention home, because of a school's 5,658
failure to provide the school transcript that it is required to 5,659
provide under division (F)(4) of this section. 5,660
(5) The department of youth services shall provide the 5,662
court and the school with an updated copy of the child's school 5,663
transcript and shall provide the court with a summary of the 5,664
institutional record of the child when it releases the child from 5,665
institutional care. The department also shall provide the court 5,666
with a copy of any portion of the child's institutional record 5,667
that the court specifically requests within five working days of 5,668
the request.
(6) When a juvenile court commits a delinquent child to 5,670
the custody of the department of youth services pursuant to 5,671
division (A)(4) or (5) of this section, the court shall state in 5,672
the order of commitment the total number of days that the child 5,673
has been held, as of the date of the issuance of the order, in 5,674
detention in connection with the delinquent child complaint upon 5,675
which the order of commitment is based. The department shall 5,677
reduce the minimum period of institutionalization or minimum 5,678
142
period of institutionalization in a secure facility specified in 5,679
division (A)(4) or (5) of this section by both the total number 5,680
of days that the child has been so held in detention as stated by 5,681
the court in the order of commitment and the total number of any 5,682
additional days that the child has been held in detention 5,683
subsequent to the order of commitment but prior to the transfer 5,684
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 5,687
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 5,688
entitled to a recovery under any of the following sections, of 5,689
the right of the victims to recover, pursuant to section 3109.09 5,690
of the Revised Code, compensatory damages from the child's 5,691
parents; of the right of the victims to recover, pursuant to 5,692
section 3109.10 of the Revised Code, compensatory damages from 5,693
the child's parents for willful and malicious assaults committed 5,694
by the child; and of the right of the victims to recover an award 5,695
of reparations pursuant to sections 2743.51 to 2743.72 of the 5,696
Revised Code. 5,697
(2) If a child is adjudicated a delinquent child for 5,700
committing an act that, if committed by an adult, would be 5,701
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 5,702
involuntary manslaughter, a felony of the first or second degree 5,704
resulting in the death of or physical harm to a person, 5,705
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 5,706
or was substantially equivalent to any of those offenses and if 5,707
the court in its order of disposition for that act commits the 5,708
child to the custody of the department of youth services, the 5,709
court may make a specific finding that the adjudication should be 5,710
considered a conviction for purposes of a determination in the 5,711
future, pursuant to Chapter 2929. of the Revised Code, as to 5,712
whether the child is a repeat violent offender as defined in 5,713
143
section 2929.01 of the Revised Code. If the court makes a 5,714
specific finding as described in this division, it shall include 5,715
the specific finding in its order of disposition and in the 5,716
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 5,718
committing an act that would be a felony if committed by an adult 5,720
and if the child caused, attempted to cause, threatened to cause, 5,721
or created the risk of physical harm to the victim of the act, 5,722
the court, prior to issuing an order of disposition under this 5,723
section, shall order the preparation of a victim impact statement 5,724
by the probation department of the county in which the victim of 5,725
the act resides, by the court's own probation department, or by a 5,726
victim assistance program that is operated by the state, a 5,727
county, a municipal corporation, or another governmental entity. 5,728
The court shall consider the victim impact statement in 5,729
determining the order of disposition to issue for the child. 5,730
(2) Each victim impact statement shall identify the victim 5,732
of the act for which the child was adjudicated a delinquent 5,733
child, itemize any economic loss suffered by the victim as a 5,734
result of the act, identify any physical injury suffered by the 5,735
victim as a result of the act and the seriousness and permanence 5,736
of the injury, identify any change in the victim's personal 5,737
welfare or familial relationships as a result of the act and any 5,738
psychological impact experienced by the victim or the victim's 5,739
family as a result of the act, and contain any other information 5,740
related to the impact of the act upon the victim that the court 5,741
requires. 5,742
(3) A victim impact statement shall be kept confidential 5,744
and is not a public record, as defined in section 149.43 of the 5,745
Revised Code. However, the court may furnish copies of the 5,746
statement to the department of youth services pursuant to 5,747
division (F)(3) of this section or to both the adjudicated 5,748
delinquent child or the adjudicated delinquent child's counsel 5,749
and the prosecuting attorney. The copy of a victim impact 5,751
144
statement furnished by the court to the department pursuant to 5,752
division (F)(3) of this section shall be kept confidential and is 5,753
not a public record, as defined in section 149.43 of the Revised 5,754
Code. The copies of a victim impact statement that are made 5,755
available to the adjudicated delinquent child or the adjudicated 5,756
delinquent child's counsel and the prosecuting attorney pursuant 5,758
to division (H)(3) of this section shall be returned to the court 5,761
by the person to whom they were made available immediately 5,762
following the imposition of an order of disposition for the child 5,763
under this section.
(I)(1) As used in this division (I)(2) OF THIS SECTION, 5,766
"felony drug abuse offense" has the same meaning as in section 5,767
2925.01 of the Revised Code. 5,768
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 5,770
to children who are adjudicated or could be adjudicated by a 5,771
juvenile court to be delinquent children for an act that, if 5,772
committed by an adult, would be a felony drug abuse offense. 5,773
Subject to division (B) of section 2925.42 and division (E) of 5,774
section 2925.43 of the Revised Code, a delinquent child of that 5,775
nature loses any right to the possession of, and forfeits to the 5,776
state any right, title, and interest that the delinquent child 5,777
may have in, property as defined in section 2925.41 and further 5,779
described in section 2925.42 or 2925.43 of the Revised Code. 5,780
(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY 5,783
TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A 5,784
JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION 5,785
OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) 5,787
OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE 5,788
REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT 5,789
TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE,
AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS 5,790
DEFINED IN SECTION 2923.41 OF THE REVISED CODE AND FURTHER 5,791
DESCRIBED IN SECTION 2923.44 OR 2923.45 OF THE REVISED CODE. 5,792
(J)(1) As used in this section: 5,794
145
(a) "Electronic monitoring device," "certified electronic 5,796
monitoring device," "electronic monitoring system," and 5,797
"certified electronic monitoring system" have the same meanings 5,798
as in section 2929.23 of the Revised Code. 5,799
(b) "Electronically monitored house detention" means a 5,801
period of confinement of a child in the child's home or in other 5,802
premises specified by the court, during which period of 5,804
confinement all of the following apply: 5,805
(i) The child wears, otherwise has attached to the child's 5,807
person, or otherwise is subject to monitoring by a certified 5,808
electronic monitoring device or is subject to monitoring by a 5,809
certified electronic monitoring system. 5,810
(ii) The child is required to remain in the child's home 5,812
or other premises specified by the court for the specified period 5,813
of confinement, except for periods of time during which the child 5,814
is at school or at other premises as authorized by the court. 5,815
(iii) The child is subject to monitoring by a central 5,817
system that monitors the certified electronic monitoring device 5,818
that is attached to the child's person or that otherwise is being 5,819
used to monitor the child and that can monitor and determine the 5,821
child's location at any time or at a designated point in time, or 5,822
the child is required to participate in monitoring by a certified 5,824
electronic monitoring system. 5,825
(iv) The child is required by the court to report 5,827
periodically to a person designated by the court. 5,828
(v) The child is subject to any other restrictions and 5,830
requirements that may be imposed by the court. 5,831
(2) A juvenile court, pursuant to division (A)(10) of this 5,833
section, may impose a period of electronically monitored house 5,834
detention upon a child who is adjudicated a delinquent child for 5,835
committing an act that, if committed by an adult, would be a 5,836
criminal offense that would qualify the adult as an eligible 5,837
offender pursuant to division (A)(3) of section 2929.23 of the 5,838
Revised Code. The court may impose a period of electronically 5,839
146
monitored house detention in addition to or in lieu of any other 5,840
dispositional order imposed upon the child, except that any 5,841
period of electronically monitored house detention shall not 5,842
extend beyond the child's eighteenth birthday. If a court 5,843
imposes a period of electronically monitored house detention upon 5,844
a child, it shall require the child to wear, otherwise have 5,845
attached to the child's person, or otherwise be subject to 5,846
monitoring by a certified electronic monitoring device or to 5,848
participate in the operation of and monitoring by a certified 5,849
electronic monitoring system; to remain in the child's home or 5,850
other specified premises for the entire period of electronically 5,852
monitored house detention except when the court permits the child 5,853
to leave those premises to go to school or to other specified 5,854
premises; to be monitored by a central system that monitors the 5,855
certified electronic monitoring device that is attached to the 5,856
child's person or that otherwise is being used to monitor the 5,857
child and that can monitor and determine the child's location at 5,858
any time or at a designated point in time or to be monitored by 5,859
the certified electronic monitoring system; to report 5,860
periodically to a person designated by the court; and, in return 5,861
for receiving a dispositional order of electronically monitored 5,862
house detention, to enter into a written contract with the court 5,863
agreeing to comply with all restrictions and requirements imposed 5,864
by the court, agreeing to pay any fee imposed by the court for 5,865
the costs of the electronically monitored house detention imposed 5,866
by the court pursuant to division (E) of section 2929.23 of the 5,867
Revised Code, and agreeing to waive the right to receive credit 5,868
for any time served on electronically monitored house detention 5,869
toward the period of any other dispositional order imposed upon 5,870
the child for the act for which the dispositional order of 5,871
electronically monitored house detention was imposed if the child 5,872
violates any of the restrictions or requirements of the 5,873
dispositional order of electronically monitored house detention. 5,874
The court also may impose other reasonable restrictions and 5,875
147
requirements upon the child.
(3) If a child violates any of the restrictions or 5,877
requirements imposed upon the child as part of the child's 5,878
dispositional order of electronically monitored house detention, 5,879
the child shall not receive credit for any time served on 5,880
electronically monitored house detention toward any other 5,881
dispositional order imposed upon the child for the act for which 5,882
the dispositional order of electronically monitored house 5,884
detention was imposed.
(K) Within ten days after completion of the adjudication, 5,886
the court shall give written notice of an adjudication that a 5,887
child is a delinquent child to the superintendent of a city, 5,888
local, exempted village, or joint vocational school district if 5,889
the basis of the adjudication was the commission of an act that 5,890
would be a criminal offense if committed by an adult and that was 5,891
committed by the delinquent child when the child was sixteen 5,892
years of age or older and if the act is any of the following: 5,893
(1) A violation of section 2923.122 of the Revised Code 5,895
that relates to property owned or controlled by, or to an 5,896
activity held under the auspices of, the board of education of 5,897
that school district; 5,898
(2) A violation of section 2923.12 of the Revised Code or 5,900
of a substantially similar municipal ordinance that was committed 5,901
on property owned or controlled by, or at an activity held under 5,902
the auspices of, the board of education of that school district; 5,903
(3) A violation of division (A) of section 2925.03 or 5,905
2925.11 of the Revised Code that was committed on property owned 5,906
or controlled by, or at an activity held under the auspices of, 5,907
the board of education of that school district and that is not a 5,908
minor drug possession offense as defined in section 2925.01 of 5,909
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 5,911
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 5,913
Code, or a violation of former section 2907.12 of the Revised
148
Code, that was committed on property owned or controlled by, or 5,914
at an activity held under the auspices of, the board of education 5,915
of that school district, if the victim at the time of the 5,917
commission of the act was an employee of the board of education 5,918
of that school district;
(5) Complicity in any violation described in division 5,920
(K)(1), (2), (3), or (4) of this section that was alleged to have 5,922
been committed in the manner described in division (K)(1), (2), 5,923
(3), or (4) of this section, regardless of whether the act of 5,925
complicity was committed on property owned or controlled by, or 5,926
at an activity held under the auspices of, the board of education 5,927
of that school district. 5,928
(L) During the period of a delinquent child's probation 5,930
granted under division (A)(2) of this section, authorized 5,933
probation officers who are engaged within the scope of their 5,934
supervisory duties or responsibilities may search, with or 5,935
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 5,936
another item of tangible or intangible personal property, or 5,937
other real property in which the delinquent child has a right, 5,938
title, or interest or for which the delinquent child has the 5,939
express or implied permission of a person with a right, title, or 5,940
interest to use, occupy, or possess if the probation officers 5,941
have reasonable grounds to believe that the delinquent child is 5,942
not abiding by the law or otherwise is not complying with the 5,943
conditions of the delinquent child's probation. The court that 5,944
places a delinquent child on probation under division (A)(2) of 5,945
this section shall provide the delinquent child with a written 5,946
notice that informs the delinquent child that authorized 5,947
probation officers who are engaged within the scope of their 5,948
supervisory duties or responsibilities may conduct those types of 5,950
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 5,951
the law or otherwise is not complying with the conditions of the 5,952
149
delinquent child's probation. The court also shall provide the 5,953
written notice described in division (C)(2)(b) of section 5,954
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 5,955
(C)(2)(a) of that section. 5,956
Section 5. That all existing versions of section 2151.355 5,958
of the Revised Code are hereby repealed. 5,959
Section 6. (A) Sections 4 and 5 of this act shall take 5,961
effect July 1, 1998.
(B) Section 2151.355 of the Revised Code, as amended by 5,963
Sections 4 and 5 of this act, is presented as a composite of the 5,965
section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 5,966
of the 122nd General Assembly, with the new language of neither 5,968
of the acts shown in capital letters. This is in recognition of 5,969
the principle stated in division (B) of section 1.52 of the 5,970
Revised Code that such amendments are to be harmonized where not 5,971
substantively irreconcilable and constitutes a legislative 5,972
finding that such is the resulting version in effect on and after 5,973
July 1, 1998.
Section 7. Section 3719.21 of the Revised Code is 5,976
presented in Section 1 of this act as a composite of the section 5,977
as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 5,978
121st General Assembly, with the new language of neither of the 5,979
acts shown in capital letters. This is in recognition of the 5,980
principle stated in division (B) of section 1.52 of the Revised 5,981
Code that such amendments are to be harmonized where not 5,982
substantively irreconcilable and constitutes a legislative 5,983
finding that such is the resulting version in effect prior to the 5,984
effective date of this act.